Cal. Code Regs. Tit. 16, § 1361 - Disciplinary Guidelines and Exceptions for Uniform Standards Related to Substance-Abusing Licensees
(a) In reaching a decision on a disciplinary
action under the Administrative Procedure Act (Government Code section
11400 et
seq.), the Medical Board of California shall consider the disciplinary
guidelines entitled "Manual of Model Disciplinary Orders and Disciplinary
Guidelines" (12th Edition/2016) which are hereby incorporated by reference.
Deviation from these orders and guidelines, including the standard terms of
probation, is appropriate where the Board in its sole discretion determines by
adoption of a proposed decision or stipulation that the facts of the particular
case warrant such a deviation -- for example: the presence of mitigating
factors; the age of the case; evidentiary problems.
(b) Notwithstanding subsection (a), the Board
shall use the Uniform Standards for Substance-Abusing Licensees as provided in
section 1361.5, without deviation, for
each individual determined to be a substance-abusing licensee.
(c) Nothing in this section or section
1361.5 shall be construed as a
limitation on the Board's authority to seek an interim suspension order against
a licensee pursuant to section
11529 of
the Government Code.
Notes
2. Amendment filed 1-27-2000; operative 2-26-2000 (Register 2000, No. 4).
3. Amendment of section and NOTE filed 9-29-2003; operative 10-29-2003 (Register 2003, No. 40).
4. Amendment filed 8-15-2008; operative 9-14-2008 (Register 2008, No. 33).
5. Amendment filed 12-12-2011; operative 1-11-2012 (Register 2011, No. 50).
6. Amendment of article heading, section heading, section and NOTE filed 3-25-2015; operative 7-1-2015 (Register 2015, No. 13).
7. Amendment of subsection (a) and NOTE filed 1-5-2017; operative 1-5-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 1).
Note: Authority cited: Sections 315, 315.2, 315.4 and 2018, Business and Professions Code; and Section 11400.20, Government Code. Reference: Sections 315, 315.2, 315.4, 2227, 2228, 2229 and 2234, Business and Professions Code; and Sections 11400.20, 11425.50(e) and 11529, Government Code.
2. Amendment filed 1-27-2000; operative 2-26-2000 (Register 2000, No. 4).
3. Amendment of section and Note filed 9-29-2003; operative 10-29-2003 (Register 2003, No. 40).
4. Amendment filed 8-15-2008; operative 9-14-2008 (Register 2008, No. 33).
5. Amendment filed 12-12-2011; operative 1-11-2012 (Register 2011, No. 50).
6. Amendment of article heading, section heading, section and Note filed 3-25-2015; operative
7. Amendment of subsection (a) and Note filed 1-5-2017; operative
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