§ 4309. — 4309. (Amended by Stats. 1997, Ch. 549, Sec. 120.)

California § 4309.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 2.: DIVISION 2. HEALING ARTS
• Ch. 9.: CHAPTER 9. Pharmacy
• Art. 19.: ARTICLE 19. Disciplinary Proceedings

Text

(a)
A person whose license has been revoked or suspended or who has been placed on probation may petition the board for reinstatement or modification of penalty, including modification or termination of probation, after not less than the following minimum periods have elapsed from the effective date of the decision ordering disciplinary action:
(1)
At least three years for reinstatement of a revoked license.
(2)
At least two years for early termination of probation of three years or more.
(3)
At least one year for modification of a condition, or reinstatement of a license revoked for mental or physical illness, or termination of probation of less than three years.
(b)
The petition shall state any facts required by the board, and the petition shall be accompanied by two or more verified recommendations from holders of licenses issued by the board to which the petition is addressed, and two or more recommendations from citizens, each having personal knowledge of the disciplinary penalty imposed by the board and the activities of the petitioner since the disciplinary penalty was imposed.
(c)
The petition may be heard by the board sitting with an administrative law judge, or a committee of the board sitting with an administrative law judge, or the board may assign the petition to an administrative law judge. Where the petition is heard by a committee of the board sitting with an administrative law judge or by an administrative law judge sitting alone, the decision shall be subject to review by the board pursuant to Section 11517 of the Government Code.
(d)
In considering reinstatement or modification of penalty, the board, committee of the board, or the administrative law judge hearing the petition may consider factors including, but not limited to, all of the following:
(1)
All the activities of the petitioner since the disciplinary action was taken.
(2)
The offense for which the petitioner was disciplined.
(3)
The petitioner’s activities during the time the license was in good standing.
(4)
The petitioner’s documented rehabilitative efforts.
(5)
The petitioner’s general reputation for truth and professional ability.
(e)
The hearing may be continued from time to time as the board, committee of the board, or the administrative law judge designated in Section 11371 of the Government Code finds necessary.
(f)
The board, committee of the board, or administrative law judge may impose necessary terms and conditions on the licensee in reinstating the license.
(g)
No petition under this section shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. No petition shall be considered while there is an accusation or petition to revoke probation pending against the person. The board may deny without a hearing or argument any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section.
(h)
Nothing in this section shall be deemed to amend or otherwise change the effect or application of Sections 822 and 823.
(i)
The board may investigate any and all matters pertaining to the petition and documents submitted with or in connection with the application.

Legislative History

Amended by Stats. 1997, Ch. 549, Sec. 120. Effective January 1, 1998.