SECTIONS 820-828 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 820-828

820. Whenever it appears that any person holding a license,
certificate or permit under this division or under any initiative act
referred to in this division may be unable to practice his or her
profession safely because the licentiate's ability to practice is
impaired due to mental illness, or physical illness affecting
competency, the licensing agency may order the licentiate to be
examined by one or more physicians and surgeons or psychologists
designated by the agency. The report of the examiners shall be made
available to the licentiate and may be received as direct evidence in
proceedings conducted pursuant to Section 822.

821. The licentiate's failure to comply with an order issued under
Section 820 shall constitute grounds for the suspension or revocation
of the licentiate's certificate or license.

822. If a licensing agency determines that its licentiate's ability
to practice his or her profession safely is impaired because the
licentiate is mentally ill, or physically ill affecting competency,
the licensing agency may take action by any one of the following
methods:
(a) Revoking the licentiate's certificate or license.
(b) Suspending the licentiate's right to practice.
(c) Placing the licentiate on probation.
(d) Taking such other action in relation to the licentiate as the
licensing agency in its discretion deems proper.
The licensing agency shall not reinstate a revoked or suspended
certificate or license until it has received competent evidence of
the absence or control of the condition which caused its action and
until it is satisfied that with due regard for the public health and
safety the person's right to practice his or her profession may be
safely reinstated.

823. Notwithstanding any other provisions of law, reinstatement of
a licentiate against whom action has been taken pursuant to Section
822 shall be governed by the procedures in this article. In
reinstating a certificate or license which has been revoked or
suspended under Section 822, the licensing agency may impose terms
and conditions to be complied with by the licentiate after the
certificate or license has been reinstated. The authority of the
licensing agency to impose terms and conditions includes, but is not
limited to, the following:
(a) Requiring the licentiate to obtain additional professional
training and to pass an examination upon the completion of the
training.
(b) Requiring the licentiate to pass an oral, written, practical,
or clinical examination, or any combination thereof to determine his
or her present fitness to engage in the practice of his or her
profession.
(c) Requiring the licentiate to submit to a complete diagnostic
examination by one or more physicians and surgeons or psychologists
appointed by the licensing agency. If the licensing agency requires
the licentiate to submit to such an examination, the licensing agency
shall receive and consider any other report of a complete diagnostic
examination given by one or more physicians and surgeons or
psychologists of the licentiate's choice.
(d) Requiring the licentiate to undergo continuing treatment.
(e) Restricting or limiting the extent, scope or type of practice
of the licentiate.

824. The licensing agency may proceed against a licentiate under
either Section 820, or 822, or under both sections.

825. As used in this article with reference to persons holding
licenses as physicians and surgeons, "licensing agency" means a panel
of the Division of Medical Quality.

826. The proceedings under Sections 821 and 822 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 licensing
agency and the licentiate shall have all the rights and powers
granted therein.

827. Notwithstanding the provisions of Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code, relating to public meetings, the licensing agency
may convene in closed session to consider any evidence relating to
the licentiate's mental or physical illness obtained pursuant to the
proceedings under Section 820. The licensing agency shall only
convene in closed session to the extent that it is necessary to
protect the privacy of a licentiate.

828. If the licensing agency determines, pursuant to proceedings
conducted under Section 820, that there is insufficient evidence to
bring an action against the licentiate pursuant to Section 822, then
all licensing agency records of the proceedings, including the order
for the examination, investigative reports, if any, and the report of
the physicians and surgeons or psychologists, shall be kept
confidential and are not subject to discovery or subpoena. If no
further proceedings are conducted to determine the licentiates
fitness to practice during a period of five years from the date of
the determination by the licensing agency of the proceeding pursuant
to Section 820, then the licensing agency shall purge and destroy all
records pertaining to the proceedings. If new proceedings are
instituted during the five-year period against the licentiate by the
licensing agency, the records, including the report of the physicians
and surgeons or psychologists, may be used in the proceedings and
shall be available to the respondent pursuant to the provisions of
Section 11507.6 of the Government Code.