§ 4147. Uniform Standards Related to Substance Abuse and Disciplinary Guidelines.

(a) In reaching a decision on a disciplinary action under the administrative adjudication provisions of the Administrative Procedure Act (Government Code 11400 et seq.), the Board shall comply with the “Uniform Standards Related to Substance Abuse and Disciplinary Guidelines” [July 2011] which are hereby incorporated by reference. Deviation from these disciplinary guidelines and orders, including the standard terms of probation, is appropriate where the Board in its sole discretion determines that the facts of the particular case warrant such deviation, e.g., the presence of mitigating factors; age of the case; evidentiary problems. Neither the board nor an administrative law judge may impose any conditions or terms of probation that are less restrictive than the Uniform Standards Related to Substance Abuse.

(b) All probationers shall submit and cause each health care employer to submit quarterly reports to the Board. The reports, “Quarterly Written Report (4/2011)” and “Work Performance Evaluation (02/2011)” shall be obtained from the Board and are hereby incorporated by reference.

HISTORY

1. New article 5.5 (section 4147) and renumbering of former section 4144 to new section 4147, including amendment of section heading, section and Note, filed 6-6-2011; operative 7-6-2011 (Register 2011, No. 23).

Note

Note: Authority cited: Section 2570.20, Business and Professions Code. Reference: Sections 125.6, 125.9, 315, 315.2, 315.4, 475, 480, 481, 482, 490, 496, 2570.27, 2570.28, 2570.29, 2570.30, 2570.31 and 2570.32, Business and Professions Code; and Section 11425.50(e), Government Code.