Cal. Code Regs. Tit. 16, § 1444 - Substantial Relationship Criteria

(a) For the purposes of denial, suspension, or revocation of a license or certificate pursuant to section 141, Division 1.5 (commencing with section 475), or Sections 2761 or 2765 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 certificate under the Nursing Practice Act (Chapter 6 of Division 2 of the code), if to a substantial degree it evidences the present or potential unfitness of a person holding a license or certificate to perform the functions authorized and/or mandated by the license or certificate, 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 a registered nurse, or the license or certificate type sought or held by the person.

(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 Nursing Practice Act and its implementing regulations.

(2) Theft, dishonesty, fraud, deceit, or unprofessional conduct listed in section 2762 of the code.

(3) Child, elder, or dependent adult abuse.

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

(5) Lewd conduct or sexual misconduct.

(6) Assault, battery, or other violence including, but not limited to, those violations listed in subdivision (d) of Penal Code section 11160.

(7) Use of drugs or alcohol to an extent or in a manner dangerous to the individual or the public.

(8) Harassment, trespass, or stalking.

(9) Failure to comply with any mandatory reporting requirements.

Notes

Cal. Code Regs. Tit. 16, § 1444

1. New section filed 5-14-75; effective thirtieth day thereafter (Register 75, No. 20).
2. Amendment filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 39).
3. Amendment of first paragraph, repealer of subsections (a)-(e), new subsections (a)-(d), and amendment of NOTE filed 6-6-2001; operative 7-6-2001 (Register 2001, No. 23).
4. Amendment of section and Note filed 5-20-2021; operative 5-20-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 21).

Note: Authority cited: Sections 481 and 2715, Business and Professions Code. Reference: Sections 141, 480, 481, 490, 493, 2736, 2761, 2762 and 2765, Business and Professions Code; and Sections 290 and 11160, Penal Code.

1. New section filed 5-14-75; effective thirtieth day thereafter (Register 75, No. 20).
2. Amendment filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 39).
3. Amendment of first paragraph, repealer of subsections (a)-(e), new subsections (a)-(d), and amendment of Note filed 6-6-2001; operative 7-6-2001 (Register 2001, No. 23).
4. Amendment of section and Note filed 5-20-2021; operative 5/20/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 21).