SECTIONS 1670-1687 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 1670-1687

1670. Any licentiate may have his license revoked or suspended or
be reprimanded or be placed on probation by the board for
unprofessional conduct, or incompetence, or gross negligence, or
repeated acts of negligence in his or her profession, or for the
issuance of a license by mistake, or for any other cause applicable
to the licentiate provided in this chapter. The proceedings under
this article shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the board shall have all the powers granted
therein.

1670.1. (a) Any licentiate under this chapter may have his or her
license revoked or suspended or be reprimanded or be placed on
probation by the board for conviction of a crime substantially
related to the qualifications, functions, or duties of a dentist or
dental assistant licensed under this chapter, in which case the
record of conviction or a certified copy thereof, certified by the
clerk of the court or by the judge in whose court the conviction is
had, shall be conclusive evidence.
(b) The board shall undertake proceedings under this section upon
the receipt of a certified copy of the record of conviction. A plea
or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge of a felony or of any misdemeanor
substantially related to the qualifications, functions, or duties of
a dentist or dental assistant licensed under this chapter is deemed
to be a conviction within the meaning of this section. The board may
order the license suspended or revoked, or may decline to issue a
license, when the time for appeal has elapsed, or the judgment of
conviction has been affirmed on appeal or when an order granting
probation is made suspending the imposition of sentence, irrespective
of a subsequent order under any provision of the Penal Code,
including, but not limited to, Section 1203.4 of the Penal Code,
allowing such person to withdraw his or her plea of guilty and to
enter a plea of not guilty, or setting aside the verdict of guilty,
or dismissing the accusation, information, or indictment.

1670.2. (a) Except as otherwise provided in this section, any
proceeding initiated by the board against a licensee for the
violation of any provision of this chapter shall be filed within
three years after the board discovers the act or omission alleged as
the ground for disciplinary action, or within seven years after the
act or omission alleged as the ground for disciplinary action occurs,
whichever occurs first.
(b) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging fraud or willful
misrepresentation is not subject to the limitation in subdivision
(a).
(c) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging unprofessional conduct based on
incompetence, gross negligence, or repeated negligent acts of the
licensee is not subject to the limitation in subdivision (a) upon
proof that the licensee intentionally concealed from discovery his or
her incompetence, gross negligence, or repeated negligent acts.
(d) If an alleged act or omission involves any conduct described
in subdivision (e) of Section 1680 committed on a minor, the
seven-year limitations period in subdivision (a) and the 10-year
limitations period in subdivision (e) shall be tolled until the minor
reaches the age of majority.
(e) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging conduct described in
subdivision (e) of Section 1680 not committed on a minor shall be
filed within three years after the board discovers the act or
omission alleged as the ground for disciplinary action, or within 10
years after the act or omission alleged as the ground for
disciplinary action occurs, whichever occurs first. This subdivision
shall apply to a complaint alleging conduct received by the board on
and after January 1, 2005.
(f) In any allegation, accusation, or proceeding described in
this section, the limitations period in subdivision (a) shall be
tolled for the period during which material evidence necessary for
prosecuting or determining whether a disciplinary action would be
appropriate is unavailable to the board due to an ongoing criminal
investigation.

1671. The board may discipline a licentiate by placing him or her
on probation under various terms and conditions, which may include,
but are not limited to, the following:
(a) Requiring the licentiate to obtain additional training or pass
an examination upon completion of training, or both. The examination
may be written, oral, or both, and may be a practical or clinical
examination or both, at the option of the board.
(b) Requiring the licentiate to submit to a complete diagnostic
examination by one or more physicians appointed by the board, if
warranted by the physical or mental condition of the licentiate. If
the board requires the licentiate to submit to such an examination,
the board shall receive and consider any other report of a complete
diagnostic examination given by one or more physicians of the
licentiate's choice.
(c) Restricting or limiting the extent, scope or type of practice
of the licentiate.
(d) Requiring restitution of fees to the licentiate's patients or
payers of services unless such restitution has already been made.
(e) Providing the option of alternative community service in lieu
of all or part of a period of suspension in cases other than
violations relating to quality of care.

1672. (a) When the board disciplines a licensee by placing him or
her on probation, the board may, in addition to the terms and
conditions described in Section 1671, require the licensee to pay the
monetary costs associated with monitoring the licensee's probation.
(b) The board shall not renew the license of a licensee who fails
to pay all of the costs he or she is ordered to pay pursuant to this
section once the licensee has served his or her term of probation.
(c) The board shall not reinstate a license if the petitioner has
failed to pay any costs he or she was ordered to pay pursuant to this
section.

1678. Upon the revocation of any license, the fact shall be noted
upon the records of the board and the license shall be marked as
canceled upon the date of its revocation.

1680. Unprofessional conduct by a person licensed under this
chapter is defined as, but is not limited to, any one of the
following:
(a) The obtaining of any fee by fraud or misrepresentation.
(b) The employment directly or indirectly of any student or
suspended or unlicensed dentist to practice dentistry as defined in
this chapter.
(c) The aiding or abetting of any unlicensed person to practice
dentistry.
(d) The aiding or abetting of a licensed person to practice
dentistry unlawfully.
(e) The committing of any act or acts of sexual abuse, misconduct,
or relations with a patient that are substantially related to the
practice of dentistry.
(f) The use of any false, assumed, or fictitious name, either as
an individual, firm, corporation, or otherwise, or any name other
than the name under which he or she is licensed to practice, in
advertising or in any other manner indicating that he or she is
practicing or will practice dentistry, except that name as is
specified in a valid permit issued pursuant to Section 1701.5.
(g) The practice of accepting or receiving any commission or the
rebating in any form or manner of fees for professional services,
radiograms, prescriptions, or other services or articles supplied to
patients.
(h) The making use by the licensee or any agent of the licensee of
any advertising statements of a character tending to deceive or
mislead the public.
(i) The advertising of either professional superiority or the
advertising of performance of professional services in a superior
manner. This subdivision shall not prohibit advertising permitted by
subdivision (h) of Section 651.
(j) The employing or the making use of solicitors.
(k) The advertising in violation of Section 651.
(l) The advertising to guarantee any dental service, or to perform
any dental operation painlessly. This subdivision shall not prohibit
advertising permitted by Section 651.
(m) The violation of any of the provisions of law regulating the
procurement, dispensing, or administration of dangerous drugs, as
defined in Chapter 9 (commencing with Section 4000) or controlled
substances, as defined in Division 10 (commencing with Section 11000)
of the Health and Safety Code.
(n) The violation of any of the provisions of this division.
(o) The permitting of any person to operate dental radiographic
equipment who has not met the requirements of Section 1656.
(p) The clearly excessive prescribing or administering of drugs or
treatment, or the clearly excessive use of diagnostic procedures, or
the clearly excessive use of diagnostic or treatment facilities, as
determined by the customary practice and standards of the dental
profession.
Any person who violates this subdivision is guilty of a
misdemeanor and shall be punished by a fine of not less than one
hundred dollars ($100) or more than six hundred dollars ($600), or by
imprisonment for a term of not less than 60 days or more than 180
days, or by both a fine and imprisonment.
(q) The use of threats or harassment against any patient or
licensee for providing evidence in any possible or actual
disciplinary action, or other legal action; or the discharge of an
employee primarily based on the employee's attempt to comply with the
provisions of this chapter or to aid in the compliance.
(r) Suspension or revocation of a license issued, or discipline
imposed, by another state or territory on grounds that would be the
basis of discipline in this state.
(s) The alteration of a patient's record with intent to deceive.
(t) Unsanitary or unsafe office conditions, as determined by the
customary practice and standards of the dental profession.
(u) The abandonment of the patient by the licensee, without
written notice to the patient that treatment is to be discontinued
and before the patient has ample opportunity to secure the services
of another dentist, registered dental hygienist, registered dental
hygienist in alternative practice, or registered dental hygienist in
extended functions and provided the health of the patient is not
jeopardized.
(v) The willful misrepresentation of facts relating to a
disciplinary action to the patients of a disciplined licensee.
(w) Use of fraud in the procurement of any license issued pursuant
to this chapter.
(x) Any action or conduct that would have warranted the denial of
the license.
(y) The aiding or abetting of a licensed dentist, dental
assistant, registered dental assistant, registered dental assistant
in extended functions, dental sedation assistant permitholder,
orthodontic assistant permitholder, registered dental hygienist,
registered dental hygienist in alternative practice, or registered
dental hygienist in extended functions to practice dentistry in a
negligent or incompetent manner.
(z) The failure to report to the board in writing within seven
days any of the following: (1) the death of his or her patient during
the performance of any dental or dental hygiene procedure; (2) the
discovery of the death of a patient whose death is related to a
dental or dental hygiene procedure performed by him or her; or (3)
except for a scheduled hospitalization, the removal to a hospital or
emergency center for medical treatment for a period exceeding 24
hours of any patient to whom oral conscious sedation, conscious
sedation, or general anesthesia was administered, or any patient as a
result of dental or dental hygiene treatment. With the exception of
patients to whom oral conscious sedation, conscious sedation, or
general anesthesia was administered, removal to a hospital or
emergency center that is the normal or expected treatment for the
underlying dental condition is not required to be reported. Upon
receipt of a report pursuant to this subdivision the board may
conduct an inspection of the dental office if the board finds that it
is necessary. A dentist shall report to the board all deaths
occurring in his or her practice with a copy sent to the Dental
Hygiene Committee of California if the death was the result of
treatment by a registered dental hygienist, registered dental
hygienist in alternative practice, or registered dental hygienist in
extended functions. A registered dental hygienist, registered dental
hygienist in alternative practice, or registered dental hygienist in
extended functions shall report to the Dental Hygiene Committee of
California all deaths occurring as the result of dental hygiene
treatment, and a copy of the notification shall be sent to the board.
(aa) Participating in or operating any group advertising and
referral services that are in violation of Section 650.2.
(ab) The failure to use a fail-safe machine with an appropriate
exhaust system in the administration of nitrous oxide. The board
shall, by regulation, define what constitutes a fail-safe machine.
(ac) Engaging in the practice of dentistry with an expired
license.
(ad) Except for good cause, the knowing failure to protect
patients by failing to follow infection control guidelines of the
board, thereby risking transmission of bloodborne infectious diseases
from dentist, dental assistant, registered dental assistant,
registered dental assistant in extended functions, dental sedation
assistant permitholder, orthodontic assistant permitholder,
registered dental hygienist, registered dental hygienist in
alternative practice, or registered dental hygienist in extended
functions to patient, from patient to patient, and from patient to
dentist, dental assistant, registered dental assistant, registered
dental assistant in extended functions, dental sedation assistant
permitholder, orthodontic assistant permitholder, registered dental
hygienist, registered dental hygienist in alternative practice, or
registered dental hygienist in extended functions. In administering
this subdivision, the board shall consider referencing the standards,
regulations, and guidelines of the State Department of Public Health
developed pursuant to Section 1250.11 of the Health and Safety Code
and the standards, guidelines, and regulations pursuant to the
California Occupational Safety and Health Act of 1973 (Part 1
(commencing with Section 6300) of Division 5 of the Labor Code) for
preventing the transmission of HIV, hepatitis B, and other
blood-borne pathogens in health care settings. The board shall review
infection control guidelines, if necessary, on an annual basis and
proposed changes shall be reviewed by the Dental Hygiene Committee of
California to establish a consensus. The committee shall submit any
recommended changes to the infection control guidelines for review to
establish a consensus. As necessary, the board shall consult with
the Medical Board of California, the California Board of Podiatric
Medicine, the Board of Registered Nursing, and the Board of
Vocational Nursing and Psychiatric Technicians, to encourage
appropriate consistency in the implementation of this subdivision.
The board shall seek to ensure that all appropriate dental
personnel are informed of the responsibility to follow infection
control guidelines, and of the most recent scientifically recognized
safeguards for minimizing the risk of transmission of bloodborne
infectious diseases.
(ae) The utilization by a licensed dentist of any person to
perform the functions of any registered dental assistant, registered
dental assistant in extended functions, dental sedation assistant
permitholder, orthodontic assistant permitholder, registered dental
hygienist, registered dental hygienist in alternative practice, or
registered dental hygienist in extended functions who, at the time of
initial employment, does not possess a current, valid license or
permit to perform those functions.
(af) The prescribing, dispensing, or furnishing of dangerous drugs
or devices, as defined in Section 4022, in violation of Section
2242.1.

1681. In addition to other acts constituting unprofessional conduct
within the meaning of this chapter, it is unprofessional conduct for
a person licensed under this chapter to do any of the following:
(a) Obtain or possess in violation of law, or except as directed
by a licensed physician and surgeon, dentist, or podiatrist,
administer to himself, any controlled substance, as defined in
Division 10 (commencing with Section 11000) of the Health and Safety
Code, or any dangerous drug as defined in Article 8 (commencing with
Section 4211) of Chapter 9.
(b) Use any controlled substance, as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or any
dangerous drug as defined in Article 8 (commencing with Section
4211) of Chapter 9, or alcoholic beverages or other intoxicating
substances, to an extent or in a manner dangerous or injurious to
himself, to any person, or the public to the extent that such use
impairs his ability to conduct with safety to the public the practice
authorized by his license.
(c) The conviction of a charge of violating any federal statute or
rules, or any statute or rule of this state, regulating controlled
substances, as defined in Division 10 (commencing with Section 11000)
of the Health and Safety Code, or any dangerous drug, as defined in
Article 8 (commencing with Section 4211) of Chapter 9, or the
conviction of more than one misdemeanor, or any felony, involving the
use or consumption of alcohol or drugs, if the conviction is
substantially related to the practice authorized by his license. The
record of conviction or certified copy thereof, certified by the
clerk of the court or by the judge in whose court the conviction is
had, shall be conclusive evidence of a violation of this section; a
plea or verdict of guilty or a conviction following a plea of nolo
contendere is deemed to be a conviction within the meaning of this
section; the board may order the license suspended or revoked, or may
decline to issue a license, when the time for appeal has elapsed or
the judgment of conviction has been affirmed on appeal, or when an
order granting probation is made suspending imposition of sentence,
irrespective of a subsequent order under any provision of the Penal
Code, including, but not limited to, Section 1203.4 of the Penal
Code, allowing such person to withdraw his plea of guilty and to
enter a plea of not guilty, or setting aside the verdict of guilty,
or dismissing the accusation, information or indictment.

1682. In addition to other acts constituting unprofessional conduct
under this chapter, it is unprofessional conduct for:
(a) Any dentist performing dental procedures to have more than one
patient undergoing conscious sedation or general anesthesia on an
outpatient basis at any given time unless each patient is being
continuously monitored on a one-to-one ratio while sedated by either
the dentist or another licensed health professional authorized by law
to administer conscious sedation or general anesthesia.
(b) Any dentist with patients recovering from conscious sedation
or general anesthesia to fail to have the patients closely monitored
by licensed health professionals experienced in the care and
resuscitation of patients recovering from conscious sedation or
general anesthesia. If one licensed professional is responsible for
the recovery care of more than one patient at a time, all of the
patients shall be physically in the same room to allow continuous
visual contact with all patients and the patient to recovery staff
ratio should not exceed three to one.
(c) Any dentist with patients who are undergoing conscious
sedation to fail to have these patients continuously monitored during
the dental procedure with a pulse oximeter or similar or superior
monitoring equipment required by the board.
(d) Any dentist with patients who are undergoing conscious
sedation to have dental office personnel directly involved with the
care of those patients who are not certified in basic cardiac life
support (CPR) and recertified biennially.
(e) Any dentist to fail to obtain the written informed consent of
a patient prior to administering general anesthesia or conscious
sedation. In the case of a minor, the consent shall be obtained from
the child's parent or guardian.

1683. (a) Every dentist, dental health professional, or other
licensed health professional who performs a service on a patient in a
dental office shall identify himself or herself in the patient
record by signing his or her name, or an identification number and
initials, next to the service performed and shall date those
treatment entries in the record. Any person licensed under this
chapter who owns, operates, or manages a dental office shall ensure
compliance with this requirement.
(b) Repeated violations of this section constitutes
unprofessional conduct.

1684. In addition to other acts constituting unprofessional conduct
under this chapter, it is unprofessional conduct for a person
licensed under this chapter to perform, or hold himself or herself
out as able to perform, professional services beyond the scope of his
or her license and field or fields of competence as established by
his or her education, experience, training, or any combination
thereof. This includes, but is not limited to, the use of any
instrument or device in a manner that is not in accordance with the
customary standards and practices of the dental profession.
This section shall not apply to research conducted by accredited
dental schools or colleges, or to research conducted pursuant to an
investigational device exemption issued by the United States Food and
Drug Administration.

1684.1. (a) (1) A licensee who fails or refuses to comply with a
request for the dental records of a patient, that is accompanied by
that patient's written authorization for release of record to the
board, within 15 days of receiving the request and authorization,
shall pay to the board a civil penalty of two hundred fifty dollars
($250) per day for each day that the documents have not been produced
after the 15th day, up to a maximum of five thousand dollars
($5,000) unless the licensee is unable to provide the documents
within this time period for good cause.
(2) A health care facility shall comply with a request for the
dental records of a patient that is accompanied by that patient's
written authorization for release of records to the board together
with a notice citing this section and describing the penalties for
failure to comply with this section. Failure to provide the
authorizing patient's dental records to the board within 30 days of
receiving this request, authorization, and notice shall subject the
health care facility to a civil penalty, payable to the board, of up
to two hundred fifty dollars ($250) per day for each day that the
documents have not been produced after the 30th day, up to a maximum
of five thousand dollars ($5,000), unless the health care facility is
unable to provide the documents within this time period for good
cause. This paragraph shall not require health care facilities to
assist the board in obtaining the patient's authorization. The board
shall pay the reasonable cost of copying the dental records.
(b) (1) A licensee who fails or refuses to comply with a court
order, issued in the enforcement of a subpoena, mandating the release
of records to the board shall pay to the board a civil penalty of
one thousand dollars ($1,000) per day for each day that the documents
have not been produced after the date by which the court order
requires the documents to be produced, unless it is determined that
the order is unlawful or invalid. Any statute of limitations
applicable to the filing of an accusation by the board shall be
tolled during the period the licensee is out of compliance with the
court order and during any related appeals.
(2) Any licensee who fails or refuses to comply with a court
order, issued in the enforcement of a subpoena, mandating the release
of records to the board is guilty of a misdemeanor punishable by a
fine payable to the board not to exceed five thousand dollars
($5,000). The fine shall be added to the licensee's renewal fee if it
is not paid by the next succeeding renewal date. Any statute of
limitations applicable to the filing of an accusation by the board
shall be tolled during the period the licensee is out of compliance
with the court order and during any related appeals.
(3) A health care facility that fails or refuses to comply with a
court order, issued in the enforcement of a subpoena, mandating the
release of patient records to the board, that is accompanied by a
notice citing this section and describing the penalties for failure
to comply with this section, shall pay to the board a civil penalty
of up to one thousand dollars ($1,000) per day for each day that the
documents have not been produced, up to ten thousand dollars
($10,000), after the date by which the court order requires the
documents to be produced, unless it is determined that the order is
unlawful or invalid. Any statute of limitations applicable to the
filing of an accusation by the board against a licensee shall be
tolled during the period the health care facility is out of
compliance with the court order and during any related appeals.
(4) Any health care facility that fails or refuses to comply with
a court order, issued in the enforcement of a subpoena, mandating the
release of records to the board is guilty of a misdemeanor
punishable by a fine payable to the board not to exceed five thousand
dollars ($5,000). Any statute of limitations applicable to the
filing of an accusation by the board against a licensee shall be
tolled during the period the health care facility is out of
compliance with the court order and during any related appeals.
(c) Multiple acts by a licensee in violation of subdivision (b)
shall be punishable by a fine not to exceed five thousand dollars
($5,000) or by imprisonment in a county jail not exceeding six
months, or by both that fine and imprisonment. Multiple acts by a
health care facility in violation of subdivision (b) shall be
punishable by a fine not to exceed five thousand dollars ($5,000) and
shall be reported to the State Department of Health Services and
shall be considered as grounds for disciplinary action with respect
to licensure, including suspension or revocation of the license or
certificate.
(d) A failure or refusal to comply with a court order, issued in
the enforcement of a subpoena, mandating the release of records to
the board constitutes unprofessional conduct and is grounds for
suspension or revocation of his or her license.
(e) Imposition of the civil penalties authorized by this section
shall be in accordance with the Administrative Procedure Act (Chapter
5 (commencing with Section 11500) of Division 3 of Title 2 of the
Government Code).
(f) For the purposes of this section, a "health care facility"
means a clinic or health care facility licensed or exempt from
licensure pursuant to Division 2 (commencing with Section 1200) of
the Health and Safety Code.

1684.5. (a) In addition to other acts constituting unprofessional
conduct under this chapter, it is unprofessional conduct for any
dentist to perform or allow to be performed any treatment on a
patient who is not a patient of record of that dentist. A dentist
may, however, after conducting a preliminary oral examination,
require or permit any dental auxiliary to perform procedures
necessary for diagnostic purposes, provided that the procedures are
permitted under the auxiliary's authorized scope of practice.
Additionally, a dentist may require or permit a dental auxiliary to
perform all of the following duties prior to any examination of the
patient by the dentist, provided that the duties are authorized for
the particular classification of dental auxiliary pursuant to Article
7 (commencing with Section 1740):
(1) Expose emergency radiographs upon direction of the dentist.
(2) Perform extra-oral duties or functions specified by the
dentist.
(3) Perform mouth-mirror inspections of the oral cavity, to
include charting of obvious lesions, malocclusions, existing
restorations, and missing teeth.
(b) For purposes of this section, "patient of record" refers to a
patient who has been examined, has had a medical and dental history
completed and evaluated, and has had oral conditions diagnosed and a
written plan developed by the licensed dentist.
(c) This section shall not apply to dentists providing
examinations on a temporary basis outside of a dental office in
settings including, but not limited to, health fairs and school
screenings.
(d) This section shall not apply to fluoride mouth rinse or
supplement programs administered in a school or preschool setting.

1685. In addition to other acts constituting unprofessional conduct
under this chapter, it is unprofessional conduct for a person
licensed under this chapter to require, either directly or through an
office policy, or knowingly permit the delivery of dental care that
discourages necessary treatment or permits clearly excessive
treatment, incompetent treatment, grossly negligent treatment,
repeated negligent acts, or unnecessary treatment, as determined by
the standard of practice in the community.

1686. A person whose license, certificate, or permit has been
revoked or suspended, who has been placed on probation, or whose
license, certificate, or permit was surrendered pursuant to a
stipulated settlement as a condition to avoid a disciplinary
administrative hearing, may petition the board for reinstatement or
modification of penalty, including modification or termination of
probation, after a period of not less than the following minimum
periods have elapsed from the effective date of the decision ordering
disciplinary action:
(a) At least three years for reinstatement of a license revoked
for unprofessional conduct or surrendered pursuant to a stipulated
settlement as a condition to avoid an administrative disciplinary
hearing.
(b) At least two years for early termination, or modification of a
condition, of a probation of three years or more.
(c) At least one year for modification of a condition, or
reinstatement of a license revoked for mental or physical illness, or
termination, or modification of a condition, of a probation of less
than three years.
The petition shall state any fact required by the board.
The petition may be heard by the board, or the board may assign
the petition to an administrative law judge designated in Section
11371 of the Government Code.
In considering reinstatement or modification or penalty, the board
or the administrative law judge hearing the petition may consider
(1) all activities of the petitioner since the disciplinary action
was taken, (2) the offense for which the petitioner was disciplined,
(3) the petitioner's activities during the time the license,
certificate, or permit was in good standing, and (4) the petitioner's
rehabilitative efforts, general reputation for truth, and
professional ability. The hearing may be continued from time to time
as the board or the administrative law judge as designated in Section
11371 of the Government Code finds necessary.
The board or the administrative law judge may impose necessary
terms and conditions on the licentiate in reinstating a license,
certificate, or permit or modifying a penalty.
No petition under this section 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 while there is an accusation
or petition to revoke probation pending against the person. The board
may deny without a hearing or argument any petition filed pursuant
to this section within a period of two years from the effective date
of the prior decision following a hearing under this section.
Nothing in this section shall be deemed to alter Sections 822 and
823.

1687. (a) Notwithstanding any other provision of law, with regard
to an individual who is required to register as a sex offender
pursuant to Section 290 of the Penal Code, or the equivalent in
another state or territory, under military law, or under federal law,
the board shall be subject to the following requirements:
(1) The board shall deny an application by the individual for
licensure pursuant to this chapter.
(2) If the individual is licensed under this chapter, the board
shall revoke the license of the individual. The board shall not stay
the revocation and place the license on probation.
(3) The board shall not reinstate or reissue the individual's
licensure under this chapter. The board shall not issue a stay of
license denial and place the license on probation.
(b) This section shall not apply to any of the following:
(1) An individual who has been relieved under Section 290.5 of the
Penal Code of his or her duty to register as a sex offender, or
whose duty to register has otherwise been formally terminated under
California law or the law of the jurisdiction that requires his or
her registration as a sex offender.
(2) An individual who is required to register as a sex offender
pursuant to Section 290 of the Penal Code solely because of a
misdemeanor conviction under Section 314 of the Penal Code. However,
nothing in this paragraph shall prohibit the board from exercising
its discretion to discipline a licensee under other provisions of
state law based upon the licensee's conviction under Section 314 of
the Penal Code.
(3) Any administrative adjudication proceeding under Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code that is fully adjudicated prior to January 1,
2008. A petition for reinstatement of a revoked or surrendered
license shall be considered a new proceeding for purposes of this
paragraph, and the prohibition against reinstating a license to an
individual who is required to register as a sex offender shall be
applicable.