California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 25 - Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California › Chapter 1 - Vocational Nurses › Article 4 - Licenses › Section 2524 - Disciplinary Guidelines and Uniform Standards Related to Substance Abuse

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In reaching a decision on a disciplinary action under the
					 Administrative Procedure Act (Government Code Section
					 11400 et
					 seq.) the Board shall utilize the disciplinary guidelines entitled
					 "Disciplinary Guidelines and Uniform Standards Related to Substance Abuse"
					 (Rev. 6/20/11), which are hereby incorporated by reference. The Disciplinary
					 Guidelines apply to all disciplinary matters; the Uniform Standards apply to a
					 substance abusing licensee.
(a)
				  Subject to subsection (b), deviation from the Disciplinary Guidelines,
				  including the standard conditions of probation, is appropriate where the Board,
				  in its sole discretion, determines that the facts of the particular case
				  warrant such a deviation -- for example: the presence of mitigating or
				  aggravating factors; the age of the case; evidentiary problems.
(b) If the conduct found to be a violation
				  involves the use of drugs and/or alcohol, the licensee shall be presumed to be
				  a substance abusing licensee for purposes of Section
				  315
				  of the Business and Professions Code. If the licensee does not rebut that
				  presumption, then the Uniform Standards for a substance abusing licensee shall
				  apply.
(c) Notwithstanding the
				  Disciplinary Guidelines, any proposed decision issued in accordance with the
				  procedures set forth in Chapter 5 (commencing with Section
				  11500) of Part 1 of Division 3 of
				  Title 2 of the Government Code that contains any finding of fact that the
				  licensee engaged in any act of sexual contact as defined in subdivision (c) of
				  section
				  729
				  of the Business and Professions Code, with a patient, or has committed an act
				  or been convicted of a sex offense as defined in Section
				  44010 of the Education code, shall
				  contain an order revoking the license. The proposed decision shall not contain
				  an order staying the revocation of the license.
1. New
					 section and appendix A filed 10-23-96; operative 11-22-96 (Register 96, No.
					 43).
2. Amendment of section and repealer of appendix A filed
					 5-31-2000; operative 6-30-2000 (Register 2000, No. 22).
3. Editorial
					 correction relocating article 5 heading from section
					 2524 to section
					 2525 (Register 2006, No.
					 15).
4. Editorial correction implementing repealer of appendix A and
					 amending HISTORY 2 (Register 2007, No. 37).
5. Amendment filed
					 9-29-2008; operative 10-29-2008 (Register 2008, No. 40).
6.
					 Amendment of section heading, section and NOTE filed 11-29-2012; operative
					 12-29-2012 (Register 2012, No. 48).
Note: Authority cited: Section
						2854,
						Business and Professions Code; and Section
						11425.50(e),
						Government Code. Reference: Sections
						315,
						315.2,
						315.4,
						729,
						2875,
						2876
						and
						2878,
						Business and Professions Code; Section
						44010,
						Education Code; and Sections
						11400.20,
						11425.50(e)
						and
						11500,
						Government Code.