Cal. Code Regs. Tit. 16, § 1770 - Substantial Relationship Criteria

(a) For the purpose of denial, suspension, or revocation of a personal or facility license pursuant to Section 141 or Division 1.5 (commencing with Section 475) of the Business and Professions Code, a crime, professional misconduct, or act shall be considered substantially related to the qualifications, functions or duties of the practice, profession, or occupation that may be performed under the license type sought or held if to a substantial degree it evidences present or potential unfitness of an applicant or licensee to perform the functions authorized by the license in a manner consistent with the public health, safety, or welfare.

(b) In making the substantial relationship determination required under subdivision (a) for a crime, the board will consider the following criteria:

(1) The nature and gravity of the offense;

(2) The number of years elapsed since the date of the offense; and

(3) The nature and duties of the practice, profession, or occupation that may be performed under the license type sought or held.

(c) For purposes of subdivision (a), substantially related crimes, professional misconduct, or acts shall include, but are not limited to, those which:

(1) Violate or attempt to violate, directly or indirectly, or to aid, abet or conspire to violate, any provision of law of this state, or any other jurisdiction, governing the practice of pharmacy.

(2) Violate or attempt to violate, directly or indirectly, or to aid, abet or conspire to violate, any provision of Chapter 13 (commencing with Section 801) of Title 21 of the United States Code regulating controlled substances or any law of this state, or any other jurisdiction, relating to controlled substances or dangerous drugs.

(3) Violate or attempt to violate, directly or indirectly, or to aid, abet or conspire to violate, any provision of law of this state, or any other jurisdiction, relating to government provided or government supported healthcare.

(4) Involve dishonesty, fraud, deceit, or corruption related to money, items, documents, or personal information.

(5) Involve a conviction for driving under the influence of drugs or alcohol.

Notes

Cal. Code Regs. Tit. 16, § 1770

1. New section filed 7-24-75; effective thirtieth day thereafter (Register 75, No. 30).
2. Amendment filed 3-22-83; effective thirtieth day thereafter (Register 83, No. 13).
3. Change without regulatory effect amending NOTE filed 9-11-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 37).
4. Amendment of section and NOTE filed 12-28-2020; operative 12-28-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 1). 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 481 and 4005, Business and Professions Code. Reference: Sections 141, 475, 480, 481, 490, 493, 4300, 4301, 4301.5 and 4309, Business and Professions Code.

1. New section filed 7-24-75; effective thirtieth day thereafter (Register 75, No. 30).
2. Amendment filed 3-22-83; effective thirtieth day thereafter (Register 83, No. 13).
3. Change without regulatory effect amending Note filed 9-11-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 37).
4. Amendment of section and Note filed 12-28-2020; operative 12/28/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 1). 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.