Cal. Code Regs. Tit. 16, § 1395.1 - Rehabilitation Criteria for Suspensions or Revocations

(a) When considering the suspension or revocation of a license or registration on the ground that a person holding a license or registration under the Psychology Licensing Law (Chapter 6.6 of Division 2 of the Code) has been convicted of a crime, the Board shall consider whether the licensee or registrant has 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 use the following criteria in (1) through (5), as available:

(1) 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 licensee's or registrant'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 licensee or registrant has not completed the criminal sentence at issue without a violation of parole or probation, the suspension or revocation is based on a disciplinary action as described in section 141 of the Code, the suspension or revocation was based one or more of the grounds specified in sections 2960 or 2960.6 of the Code, or the Board determines that the licensee or registrant did not make a showing of rehabilitation based on the criteria in subdivision (a), the Board shall apply the following criteria in evaluating the licensee's or registrant's rehabilitation:

(1) Total criminal record and/or record of discipline or other enforcement action, including the nature and gravity of the act(s), disciplinary action(s), or crime(s) underlying the discipline or enforcement action.

(2) The time that has elapsed since commission of the act(s), disciplinary action(s), or crime(s).

(3) Whether the licensee or registrant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against such person.

(4) If applicable, evidence of dismissal proceedings pursuant to section 1203.4 of the Penal Code.

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

(6) Evidence, if any, of rehabilitation submitted by the licensee or registrant 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 demonstrated course of conduct by the licensee or registrant that convinces and assures the Board that the public will be safe if the person is permitted to remain licensed or registered to practice psychology.

Notes

Cal. Code Regs. Tit. 16, § 1395.1

1. Renumbering and amendment of former section 1396.2 to section 1395.1 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 141, 481, 482, 490, 2960, 2960.6 and 2963, Business and Professions Code.

1. Renumbering and amendment of former section 1396.2 to section 1395.1 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.