Cal. Code Regs. Tit. 16, § 1394 - Substantial Relationship Criteria

(a) For the purposes of denial, suspension, or revocation of a license or registration pursuant to section 141 or Division 1.5 (commencing with section 475) of the Code, or sections 2960 or 2960.6 of the Code, a crime, professional misconduct, or act shall be considered to be substantially related to the qualifications, functions, or duties of a person holding a license or registration under the Psychology Licensing Law (Chapter 6.6 of Division 2 of the Code), if to a substantial degree it evidences present or potential unfitness of a person holding a license or registration to perform the functions authorized by the license or registration, or 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 or in which the licensee is licensed.

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

(1) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision or term of the Psychology Licensing Law.

(2) Conviction or act involving fiscal dishonesty.

(3) Conviction or act involving child abuse.

(4) A conviction requiring a person to register as a sex offender pursuant to section 290 of the Penal Code.

(5) Conviction or act involving lewd conduct or sexual impropriety.

(6) Conviction or act involving assault, battery, or other violence.

(7) Conviction or act involving the use of drugs or alcohol to an extent or in a manner dangerous to the individual or the public.

(8) Conviction or act involving harassment, trespass, or stalking.

Notes

Cal. Code Regs. Tit. 16, § 1394

1. Repealer of former Section 1394, and renumbering and amendment of former Section 1396 to Section 1394 filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25). For prior history, see Registers 79, No. 17; 76, No. 52; 75, Nos. 24 and 8; and 74, No. 8.
2. Change without regulatory effect amending first paragraph filed 12-5-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 49).
3. Amendment of section and NOTE filed 2-8-2021; operative 2-8-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 7). 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 2930, Business and Professions Code. Reference: Sections 141, 480, 481, 490, 493, 2960, 2960.6, 2963 and 2964.3, Business and Professions Code.

1. Repealer of former Section 1394, and renumbering and amendment of former Section 1396 to Section 1394 filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25). For prior history, see Registers 79, No. 17; 76, No. 52; 75, Nos. 24 and 8; and 74, No. 8.
2. Change without regulatory effect amending first paragraph filed 12-5-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 49).
3. Amendment of section and Note filed 2-8-2021; operative 2/8/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 7). 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.