Business and Professions Code-Suspension, Revocation, and Reinstatement of Licensure Flashcards
**Are patients able to give informed consent for sexual activity?
A patient, client, or customer of a licentiate under this chapter is conclusively presumed to be incapable of giving free, full, and informed consent to any sexual activity which is a violation of section 726.
What can the board issue in lieu of a formal accusation?
In lieu of filing a formal accusation, the board may, upon stipulation or agreement of the licensee, issue a public letter of reprimand after it has conducted na investigation or insepction as provided for in this chapter. The board shall notify the licensee of its intention to issue the letter 30 days before the intended issuance date of the letter. the licensee shall indicate in writing at last 15 days prior to the letter’s intended issuance date whether they agree to the issuance of the letter. The board, at its option, may extend the time within which the licensee may respond to its notification. If the licensee does not agree to the issuance of the letter, the board shall not issue the letter and may proceed to file the accusation. The board may use a public letter of reprimand only for minor violations, as defined by the board.** A public letter of reprimand issued pursuant to this section shall be disclosed by the board to an inquiring member of the public and shall be posted on the board’s internet website.
When can a licensee petition for reinstatement following suspension/revokal?
They can petition for reinstatement or modification of a penalty after a period of not less than the following minimum periods have elapsed from the effective ate of the decision ordering that disciplinary action:
1) At least 3 years for reinstatement of license or approval revoked for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a repetition for re-instatement be filed after 2 years.
2) At least 2 years for early termination of probation of 3 years or more
3)At least one year for modification of a condition, or reinstatement of a license or approval revoked for mental or physical illness, or termination of probation of less than 3 years
The petition shall state any facts required by the board and shall be accompanied by at least 2 verified recommendations from PTs licensed by the board who have personal knowledge of the activities of the petitioner since the disciplinary penalty was imposed.
No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. No petition shall be considered when there is an accusation or petition to revoke probation or parole. The board may deny without a hearing or argument any petition filed pursuant tot this section within a period of two pears from the effective date of the prior decision following a hearing under this section.
