Cal. Code Regs. Tit. 16, § 1395 - Rehabilitation Criteria for Denials and Reinstatements

(a) When considering the denial of a license or registration under sections 480, 2960, or 2960.6 of the Code, or a petition for reinstatement or modification of penalty under section 2962 of the Code, on the ground(s) that the applicant or petitioner has been convicted of a crime, the Board shall consider whether the applicant or petitioner made a showing of rehabilitation if the person completed the criminal sentence without a violation of parole or probation. In making this determination, the Board shall consider the following criteria in (1) through (5), as available:

(1) The nature and gravity of the crime(s).

(2) The reason for granting and the length(s) of the applicable parole or probation period(s).

(3) The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified.

(4) The terms or conditions of parole or probation and the extent to which they bear on the applicant's or petitioner's rehabilitation.

(5) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for modification.

(b) If the applicant or petitioner has not completed the criminal sentence without a violation of parole or probation, the Board determines that the applicant or petitioner did not make a showing of rehabilitation based on the criteria in subdivision (a), the denial is, or the surrender or revocation was, based upon professional misconduct, or the denial is, or the surrender or revocation was, based on one or more grounds under sections 2960 or 2960.6 of the Code, the Board shall apply the following criteria in evaluating an applicant's or petitioner's rehabilitation:

(1) Evidence of any act(s), professional misconduct, or crime(s) committed subsequent to the act(s), professional misconduct, or crime(s) under consideration as grounds for denial or that were grounds for surrender or revocation.

(2) The time that has elapsed since commission of the act(s), professional misconduct, or crime(s) referred to in subdivision (b)(1).

(3) Whether the applicant or petitioner has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant or petitioner.

(4) The criteria in subdivision (a)(1)-(5), as applicable.

(5) Evidence, if any, of rehabilitation submitted by the applicant or petitioner demonstrating that he or she has a mature, measured appreciation of the gravity of the misconduct, and remorse for the harm caused, and showing a course of conduct that convinces and assures the Board that the public will be safe if the person is permitted to be licensed or registered to practice psychology.

Notes

Cal. Code Regs. Tit. 16, § 1395

1. Renumbering and amendment of former section 1395 to section 1393, and renumbering and amendment of former section 1396.1 to section 1395 filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25). For prior history, see Registers 79, No. 17; 76, No. 52; and 75, Nos. 24 and 18.
2. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations filed 3-5-90 (Register 90, No. 20).
3. 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).
4. 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, 482 and 2930, Business and Professions Code. Reference: Sections 480, 481, 482, 488, 493, 2960, 2960.6, 2962 and 2963, Business and Professions Code.

1. Renumbering and amendment of former section 1395 to section 1393, and renumbering and amendment of former section 1396.1 to section 1395 filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25). For prior history, see Registers 79, No. 17; 76, No. 52; and 75, Nos. 24 and 18.
2. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations filed 3-5-90 (Register 90, No. 20).
3. 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).
4. 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.