SECTIONS 3527-3531 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 3527-3531

3527. (a) The committee may order the denial of an application for,
or the issuance subject to terms and conditions of, or the
suspension or revocation of, or the imposition of probationary
conditions upon a physician assistant license after a hearing as
required in Section 3528 for unprofessional conduct that includes,
but is not limited to, a violation of this chapter, a violation of
the Medical Practice Act, or a violation of the regulations adopted
by the committee or the board.
(b) The committee may order the denial of an application for, or
the suspension or revocation of, or the imposition of probationary
conditions upon, an approved program after a hearing as required in
Section 3528 for a violation of this chapter or the regulations
adopted pursuant thereto.
(c) The board may order the denial of an application for, or the
issuance subject to terms and conditions of, or the suspension or
revocation of, or the imposition of probationary conditions upon, an
approval to supervise a physician assistant, after a hearing as
required in Section 3528, for unprofessional conduct, which includes,
but is not limited to, a violation of this chapter, a violation of
the Medical Practice Act, or a violation of the regulations adopted
by the committee or the board.
(d) Notwithstanding subdivision (c), the Division of Medical
Quality of the Medical Board of California, in conjunction with an
action it has commenced against a physician and surgeon, may, in its
own discretion and without the concurrence of the board, order the
suspension or revocation of, or the imposition of probationary
conditions upon, an approval to supervise a physician assistant,
after a hearing as required in Section 3528, for unprofessional
conduct, which includes, but is not limited to, a violation of this
chapter, a violation of the Medical Practice Act, or a violation of
the regulations adopted by the committee or the board.
(e) The committee may order the denial of an application for, or
the suspension or revocation of, or the imposition of probationary
conditions upon, a physician assistant license, after a hearing as
required in Section 3528 for unprofessional conduct that includes,
except for good cause, the knowing failure of a licensee to protect
patients by failing to follow infection control guidelines of the
committee, thereby risking transmission of blood-borne infectious
diseases from licensee to patient, from patient to patient, and from
patient to licensee. In administering this subdivision, the committee
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, regulations, and guidelines 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. As necessary, the committee shall consult with
the California Medical Board, the Board of Podiatric Medicine, the
Board of Dental Examiners, 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 committee shall seek to ensure that licensees are informed of
the responsibility of licensees and others to follow infection
control guidelines, and of the most recent scientifically recognized
safeguards for minimizing the risk of transmission of blood-borne
infectious diseases.
(f) The committee may order the licensee to pay the costs of
monitoring the probationary conditions imposed on the license.

3528. Any proceedings involving the denial, suspension, or
revocation of the application for licensure or the license of a
physician assistant, the application for approval or the approval of
a supervising physician, or the application for approval or the
approval of an approved program under this chapter 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.

3529. The committee may hear any matters filed pursuant to
subdivisions (a) and (b) of Section 3527, or may assign any such
matter to a hearing officer. The board may hear any matters filed
pursuant to subdivision (c) of Section 3527, or may assign any such
matter to a hearing officer. If a matter is heard by the committee or
the board, the hearing officer who presided at the hearing shall be
present during the committee's or board's consideration of the case,
and, if requested assist and advise the committee or the board.

3530. (a) A person whose license or approval has been revoked or
suspended, or who has been placed on probation, may petition the
committee for reinstatement or modification of penalty, including
modification or termination of probation, after a period of not less
than the following minimum periods has elapsed from the effective
date of the decision ordering that disciplinary action:
(1) At least three years for reinstatement of a license or
approval revoked for unprofessional conduct, except that the
committee may, for good cause shown, specify in a revocation order
that a petition for reinstatement may be filed after two years.
(2) At least two years for early termination of probation of three
years or more.
(3) At least one year for modification of a condition, or
reinstatement of a license or approval revoked for mental or physical
illness, or termination of probation of less than three years.
(b) The petition shall state any facts as may be required by the
board. The petition shall be accompanied by at least two verified
recommendations from physicians licensed either by the Medical Board
of California or the Osteopathic Medical Board who have personal
knowledge of the activities of the petitioner since the disciplinary
penalty was imposed.
(c) The petition may be heard by the committee. The committee may
assign the petition to an administrative law judge designated in
Section 11371 of the Government Code. After a hearing on the
petition, the administrative law judge shall provide a proposed
decision to the committee that shall be acted upon in accordance with
the Administrative Procedure Act.
(d) The committee or the administrative law judge hearing the
petition, may consider all activities of the petitioner since the
disciplinary action was taken, the offense for which the petitioner
was disciplined, the petitioner's activities during the time the
license was in good standing, and the petitioner's rehabilitative
efforts, general reputation for truth, and professional ability. The
hearing may be continued, as the committee or administrative law
judge finds necessary.
(e) The committee or administrative law judge, when hearing a
petition for reinstating a license or approval or modifying a
penalty, may recommend the imposition of any terms and conditions
deemed necessary.
(f) No petition 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 committee 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.
(g) Nothing in this section shall be deemed to alter Sections 822
and 823.

3531. 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 offense
which is substantially related to the qualifications, functions, or
duties of the business or profession to which the license was issued
is deemed to be a conviction within the meaning of this chapter. The
committee may order the license suspended or revoked, or shall
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 the provisions of
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.