§ 2232. — 2232. (Amended by Stats. 2022, Ch. 453, Sec. 2.)

California § 2232.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 2.: DIVISION 2. HEALING ARTS
• Ch. 5.: CHAPTER 5. Medicine
• Art. 12.: ARTICLE 12. Enforcement

Text

(a)
(1)
Except as provided in subdivision (c), the board shall automatically revoke a license under either of the following circumstances:
(A)
The licensee, at any time after January 1, 1947, has been convicted in any court in or outside of this state of any offense that, if committed or attempted in this state, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in subdivision (c) of Section 290 of the Penal
Code.
(B)
The licensee, at any time after January 1, 1947, has been required to register as a sex offender pursuant to the provisions of Section 290 of the Penal Code, regardless of whether the related conviction has been appealed.
(2)
The board shall notify the licensee of the license revocation and of their right to elect to have a hearing as provided in subdivision (b).
(b)
Upon revocation of the physician’s and surgeon’s certificate, the holder of the certificate may request a hearing within 30 days of the revocation. The proceeding shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code).
(c)
This section shall not apply to a person who is required to register as a sex offender pursuant to Section 290 of the Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal Code.
(d)
A plea or verdict of guilty or a conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this section. The record of conviction shall be conclusive evidence of the fact that the conviction occurred.
(e)
If the related conviction of the certificate holder is overturned on appeal, the revocation ordered pursuant to this section shall automatically cease. Nothing in this subdivision shall prohibit the board from pursuing disciplinary action based on any cause other than
the overturned conviction.
(f)
The other provisions of this article setting forth a procedure for the revocation of a physician’s and surgeon’s certificate shall not apply to proceedings conducted pursuant to this section.

Legislative History

Amended by Stats. 2022, Ch. 453, Sec. 2. (AB 1636) Effective January 1, 2023.