Cal. Code Regs. tit. 16 § 1019

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 1019 - Substantial Relationship Criteria
(a) For the purposes of denial, suspension or revocation of a license of a dentist or dental auxiliary pursuant to Section 141, Division 1.5 (commencing with Section 475), or Sections 1670.1, 1680(e), or 1681(c) of the Code, a crime, professional misconduct, or act shall be considered to be substantially related to the qualifications, functions, or duties of a dentist or dental auxiliary if to a substantial degree it evidences present or potential unfitness of a person holding such a license 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 shall 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 profession in which the applicant seeks licensure.
(c) For purposes of subdivision (a), substantially related crimes, professional misconduct, or acts shall include, but are not limited to, the following:
(1) Any violation of Article 6, Chapter 1, Division 2 of the Code except Sections 651.4, 654 or 655.
(2) Any violation of the provisions of Chapter 4, Division 2 of the Code.

Cal. Code Regs. Tit. 16, § 1019

1. Amendment of section and NOTE filed 1-22-2021; operative 1-22-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 4). (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 1614, Business and Professions Code. Reference: Sections 7.5, 141, 480, 481, 490, 493, 1670.1, 1680 and 1681, Business and Professions Code.

1. Amendment of section and Note filed 1-22-2021; operative 1/22/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 4). (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.)