§ 3177. Substantial Relationship Criteria.

For the purposes of denial, suspension, or revocation of a license pursuant to Division 1.5 (commencing with Section 475) of the Code, a crime or act shall be considered to be substantially related to the qualifications, functions or duties of a licensed nursing home administrator if to a substantial degree it evidences present or potential unfitness of a licensed nursing home administrator to perform the functions authorized by this license in a manner consistent with the public health, safety, or welfare. Such crimes or acts shall include but not be limited to those involving the following:

(a) Using fraud or deception in applying for a license or in taking the examination provided for in Chapter 8.5 of Division 2 of the Code.

(b) A conviction of practicing medicine without a license in violation of Chapter 5 of Division 2 of the Code.

(c) 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 Chapter 8.5, Division 2 of the Code.

(d) Any crime or act involving the sale, gift, administration, or furnishing of “narcotics or dangerous drugs or dangerous devices” as defined in Section 4035 of the Code.

(e) Conviction of a crime involving fiscal dishonesty.

HISTORY

1. Repealer filed 1-21-77; effective thirtieth day thereafter (Register 77, No. 4). For prior history, see Register 74, No. 5.

2. Renumbering of Section 3118 to Section 3177 filed 9-8-81; designated effective 1-1-82 (Register 81, No. 37).

Note

Note: Authority cited: Section 3917, Business and Professions Code. Reference: Section 481, Business and Professions Code.