§ 1399.523. Disciplinary Guidelines.

In reaching a decision on a disciplinary action under the Administrative Procedures Act (Government Code Section 11400 et seq.), the Physician Assistant Board shall consider the disciplinary guidelines entitled “Physician Assistant Board Manual of Model Disciplinary Guidelines and Model Disciplinary Orders” 3rd Edition 2007, which are hereby incorporated by reference. Deviation from these guidelines and orders, including the standard terms of probation, is appropriate where the Physician Assistant Board, in its sole discretion, determines that the facts of the particular case warrant such a deviation - for example: the presence of mitigating factors; the age of the case; evidentiary problems.

Notwithstanding the disciplinary guidelines, any proposed decision issued in accordance with the procedures set forth in Chapter 5 (commencing with Section11500) of Part 1 of Division 3 of Title 2 of the Government Code that contains any finding of fact that the licensee engaged in any act of sexual contact, as defined in subdivision (c) of Section 729 of the Code, with a patient, or any finding that the licensee has committed a sex offense or been convicted of a sex offense as defined in Section 44010 of the Education Code, shall contain an order revoking the license. The proposed decision shall not contain an order staying the revocation of the license.

HISTORY

1. New section filed 6-19-97; operative 6-19-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 25). For prior history, see Register 83, No. 39.

2. Amendment filed 7-30-2002; operative 8-29-2002 (Register 2002, No. 31)

3. Amendment of section and Note filed 5-12-2008; operative 6-11-2008 (Register 2008, No. 20).

4. Amendment of section and Note filed 10-6-2011; operative 11-5-2011 (Register 2011, No. 40).

5. Change without regulatory effect amending first paragraph filed 8-7-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 32).

Note

Note: Authority cited: Sections 3510, 3527, 3528, 3529, 3530, 3531, 3532 and 3533, Business and Professions Code; and Section 11400.20, Government Code. Reference: Sections 11400.20 and 11425.50(e), Government Code; and Sections 729, 3527, 3528, 3529, 3530, 3531, 3532 and 3533, Business and Professions Code.