(a)
Administrative Adjudication. The proceedings under this regulation shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of
Title 2 of the Government Code, and the board shall have all the powers granted
therein.
(b) Psychiatric
Examinations. When reasonable cause exists that a person holding a license
under this Act is mentally ill to the extent that it may affect his ability to
conduct with safety to the public the practice authorized by such license, the
board may order the license holder to be examined by one or more physicians
specializing in psychiatry designated by the board. The report of such persons
shall be made available to the license holder and may be received as direct
evidence in a proceeding conducted pursuant to subsection (c) of this
regulation.
(c) Probation,
Suspension, etc., in Event of Mental Illness; Reinstatement. If a license
holder has been found to be mentally ill by one or more physicians specializing
in psychiatry designated by the board, the results of which indicates that such
illness does effect his ability to conduct, with safety, the practice
authorized by his license, the board may take action, in accordance with
subdivision (a) of this regulation, by any one of the following methods:
(1) Placing him on probation.
(2) Suspending his right to practice for a
period not exceeding one year.
(3)
Revoking his license.
(4) Taking
such other action in relation to his license as the board in its discretion
deems proper.
The board shall not restore such license to good standing
until it shall receive competent evidence, from one or more physicians
specializing in psychiatry, designated by the board, of the absence or control
of the condition which caused its action and until it is satisfied that with
due regard to the public interest the licensee's right to practice may be
safely reinstated.
Before reinstating such a person, the board may require the
person to pass an oral or written examination, or both, to determine his
present fitness to resume his practice.
(d) Conditions of Reinstatement. In setting
aside action taken under subsection (c) of this regulation, the board may
impose terms and conditions to be followed by the license holder after his
license has been reinstated. The authority of the board to impose terms and
conditions includes, but is not limited to, the following:
(1) Requiring the license holder to obtain
additional professional training and to pass an examination upon the completion
of the training. The examination may be written or oral, or both, and may be a
practical or clinical examination, or both, at the option of the
board.
(2) Requiring the license
holder to submit to a complete diagnostic examination by one or more physicians
appointed by the board. If the board requires the certificate holder to submit
to such an examination, the board shall receive and consider any other report
of a complete diagnostic examination given by one or more physicians of the
license holder's choice.
(3)
Setting any other requirement the board in its discretion deems
proper.
Notes
Cal. Code Regs.
Tit. 16, §
315
1. Amendment
filed 8-19-77; effective thirtieth day thereafter (Register 77, No.
34).
1.
Amendment filed 8-19-77; effective thirtieth day thereafter (Register 77, No.
34).