California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.9 - Podiatric Medical Board of California › Article 9 - Information Disclosure › Section 1399.702 - Standard Terminology Describing Different Types of Disciplinary Actions Listed in Subdivision (a) of Section 803.1 of the Business and Professions Code

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Temporary Restraining Order
A temporary restraining order is a procedural device which
				  State agencies can seek to prevent violations of the law or to suspend a
				  license before formal disciplinary action is taken. It is also used to preserve
				  the status quo or prevent the occurrence of irreparable injury pending further
				  judicial or administrative proceedings. Such an order can only be issued by a
				  court. Except in very severe emergency situations, the agency must give the
				  licensee notice in order that he or she can be heard by the
				  court.
(b) Interim
				Suspension Order
Interim suspension orders may be issued by administrative law
				  judges following an application by the Board when it appears that continued
				  practice by a doctor of podiatric medicine would endanger the public health,
				  safety, or welfare. The doctor of podiatric medicine is entitled to advance
				  notice of such proceedings unless there is a showing that serious injury will
				  result to the public before a hearing can be held. If an interim suspension
				  order is issued, an accusation must be filed by the Board, a hearing conducted,
				  and a decision issued by the administrative law judge on a very accelerated
				  time frame. If these deadlines are not met, the interim suspension order is
				  dissolved by operation of law.
(c) Revocations, suspensions, probations, or
				limitations on practice ordered by the Board
These penalties may be imposed by the Board, but only after
				  the doctor of podiatric medicine is notified of such proposed action and given
				  an opportunity to be heard before an independent administrative law judge. The
				  most severe penalty is revocation of the license to practice. Lesser penalties
				  include a specified period of probation including the imposition of limitations
				  on the manner or type of practice by the doctor of podiatric
				  medicine.
(d) Public Letters
				of Reprimand
Public letters of reprimand or reproval may be issued by the
				  Board for any act that would constitute grounds to suspend or revoke the
				  license of a doctor of podiatric medicine. Letters of reprimand shall be purged
				  from the file of the doctor of podiatric medicine five (5) years after they are
				  issued.
(e) Infractions,
				citations or fines
A citation is issued by the Board for violations of specified
				  provisions of law found in the Business and Professions Code. The citation may
				  contain an order to stop performing some activity (order of abatement) and/or
				  levy a fine. Any doctor of podiatric medicine served with a citation has a
				  right to a hearing before an independent administrative law
				  judge.
1. New section
				  filed 4-15-2004; operative 5-15-2004 (Register 2004, No.
				  16).
Note: Authority cited: Section
					 803.1,
					 Business and Professions Code. Reference: Section
					 803.1,
					 Business and Professions Code.