California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 9 - Disciplinary Guidelines › Section 1888 - Uniform Standards Related to Substance Abuse and Disciplinary Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In reaching a
				decision on a disciplinary action under the Administrative Procedure Act
				(Government Code Section
				11400 et
				seq.), the Board of Behavioral Sciences shall consider the "Uniform Standards
				Related to Substance Abuse and Disciplinary Guidelines" [Rev. December 2020]
				which are hereby incorporated by reference. The Disciplinary Guidelines apply
				to all disciplinary matters; the Uniform Standards Related to Substance Abuse
				apply to cases of substance abuse. Deviation from the Disciplinary Guidelines,
				including the standard terms 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) Notwithstanding subsection (a), if the
				conduct found to be a violation involves drugs and/or alcohol, the violation is
				a substance abuse violation for purposes of Section
				315 of the Code. If the licensee
				or registrant does not rebut that the violation is a substance abuse violation,
				then the Uniform Standards Related to Substance Abuse shall apply without
				deviation.
(c) Nothing in this
				section shall prohibit the Board from imposing additional terms or conditions
				of probation in any order that the Board determines would provide greater
				public protection.
1. New article
				  9 (section
				  1888) and section filed 7-1-97;
				  operative 7-1-97 pursuant to Government Code section
				  11343.4(d)
				  (Register 97, No. 27).
2. Amendment of the document, "Board of
				  Behavioral Sciences Disciplinary Guidelines" (incorporated by reference) and
				  amendment of section and NOTE filed 3-25-2002; operative 4-24-2002 (Register
				  2002, No. 13).
3. Amendment of the document "Board of Behavioral
				  Sciences Disciplinary Guidelines" and amendment of section and NOTE filed
				  7-22-2005; operative 8-21-2005 (Register 2005, No. 29).
4. Amendment
				  of the document, "Board of Behavioral Sciences Disciplinary Guidelines"
				  (incorporated by reference) and amendment of section filed 6-3-2009; operative
				  7-3-2009 (Register 2009, No. 23).
5. Submission restoring text that
				  was inadvertently omitted from the 6-3-2009 amendment of the document, "Board
				  of Behavioral Sciences Disciplinary Guidelines" (incorporated by reference)
				  filed 10-8-2009; operative 10-8-2009 pursuant to Government Code section
				  11343.4
				  (Register 2009, No. 41).
6. Amendment of document, "Board of
				  Behavioral Sciences Disciplinary Guidelines" (incorporated by reference) and
				  amendment of section and NOTE filed 5-24-2011; operative 5-24-2011 pursuant to
				  Government Code section
				  11343.4
				  (Register 2011, No. 21).
7. Amendment of document, "Board of
				  Behavioral Sciences Disciplinary Guidelines" (incorporated by reference) and
				  amendment of section and NOTE filed 4-3-2013; operative 7-1-2013 (Register
				  2013, No. 14).
8. Amendment of document, "Uniform Standards Related
				  to Substance Abuse and Disciplinary Guidelines" (incorporated by reference) and
				  amendment of section and NOTE filed 6-23-2015; operative 10-1-2015 (Register
				  2015, No. 26).
9. Amendment of subsection (a) filed 12-14-2020;
				  operative 12-14-2020 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2020, No. 51). Filing deadline specified in Government Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order
				  N-71-20.
Note: Authority cited: Sections
					 315,
					 315.2,
					 315.4,
					 4980.60
					 and
					 4990.20,
					 Business and Professions Code; and Section
					 11400.20,
					 Government Code. Reference: Sections
					 315,
					 315.2,
					 315.4,
					 480,
					 4982,
					 4989.54,
					 4992.3
					 and
					 4999.90,
					 Business and Professions Code; and Sections
					 11400.20
					 and
					 11425.50(e),
					 Government Code.