SECTIONS 4990.28-4990.42

4990.28.  The board may refuse to issue a registration or licenseunder the chapters it administers and enforces whenever it appearsthat the applicant may be unable to practice his or her professionsafely due to mental illness or chemical dependency. The proceduresset forth in Article 12.5 (commencing with Section 820) of Chapter 1shall apply to denial of a license or registration pursuant to thissection.4990.30.  (a) A licensed marriage and family therapist, marriage andfamily therapist intern, licensed clinical social worker, associateclinical social worker, licensed professional clinical counselor,professional clinical counselor intern, or licensed educationalpsychologist whose license or registration has been revoked,suspended, or placed on probation, may petition the board forreinstatement or modification of the penalty, including modificationor termination of probation. The petition shall be on a form providedby the board and shall state any facts and information as may berequired by the board including, but not limited to, proof ofcompliance with the terms and conditions of the underlyingdisciplinary order. The petition shall be verified by the petitionerwho shall file an original and sufficient copies of the petition,together with any supporting documents, for the members of the board,the administrative law judge, and the Attorney General. (b) The licensee or registrant may file the petition on or afterthe expiration of the following timeframes, each of which commenceson the effective date of the decision ordering the disciplinaryaction or, if the order of the board, or any portion of it, is stayedby the board itself or by the superior court, from the date thedisciplinary action is actually implemented in its entirety: (1) Three years for reinstatement of a license or registrationthat was revoked for unprofessional conduct, except that the boardmay, in its sole discretion, specify in its revocation order that apetition for reinstatement may be filed after two years. (2) Two years for early termination of any probation period ofthree years or more. (3) One year for modification of a condition, reinstatement of alicense or registration revoked for mental or physical illness, ortermination of probation of less than three years. (c) The petition may be heard by the board itself or the board mayassign the petition to an administrative law judge pursuant toSection 11512 of the Government Code. (d) The petitioner may request that the board schedule the hearingon the petition for a board meeting at a specific city where theboard regularly meets. (e) The petitioner and the Attorney General shall be given timelynotice by letter of the time and place of the hearing on the petitionand an opportunity to present both oral and documentary evidence andargument to the board or the administrative law judge. (f) The petitioner shall at all times have the burden ofproduction and proof to establish by clear and convincing evidencethat he or she is entitled to the relief sought in the petition. (g) The board, when it is hearing the petition itself, or anadministrative law judge sitting for the board, may consider allactivities of the petitioner since the disciplinary action was taken,the offense for which the petitioner was disciplined, the petitioner's activities during the time his or her license or registration wasin good standing, and the petitioner's rehabilitative efforts,general reputation for truth, and professional ability. (h) The hearing may be continued from time to time as the board orthe administrative law judge deems appropriate but in no case maythe hearing on the petition be delayed more than 180 days from itsfiling without the consent of the petitioner. (i) The board itself, or the administrative law judge if one isdesignated by the board, shall hear the petition and shall prepare awritten decision setting forth the reasons supporting the decision.In a decision granting a petition reinstating a license or modifyinga penalty, the board itself, or the administrative law judge, mayimpose any terms and conditions that the agency deems reasonablyappropriate, including those set forth in Sections 823 and 4990.40.If a petition is heard by an administrative law judge sitting alone,the administrative law judge shall prepare a proposed decision andsubmit it to the board. The board may take action with respect to theproposed decision and petition as it deems appropriate. (j) The petitioner shall pay a fingerprinting fee and provide acurrent set of his or her fingerprints to the board. The petitionershall execute a form authorizing release to the board or itsdesignee, of all information concerning the petitioner's currentphysical and mental condition. Information provided to the boardpursuant to the release shall be confidential and shall not besubject to discovery or subpoena in any other proceeding, and shallnot be admissible in any action, other than before the board, todetermine the petitioner's fitness to practice as required by Section822. (k) The board may delegate to its executive officer authority toorder investigation of the contents of the petition. (l) No petition shall be considered while the petitioner is undersentence for any criminal offense, including any period during whichthe petitioner is on court-imposed probation or parole or thepetitioner is required to register pursuant to Section 290 of thePenal Code. No petition shall be considered while there is anaccusation or petition to revoke probation pending against thepetitioner. (m) Except in those cases where the petitioner has beendisciplined for violation of Section 822, the board may in itsdiscretion deny without hearing or argument any petition that isfiled pursuant to this section within a period of two years from theeffective date of a prior decision following a hearing under thissection.4990.32.  (a) Except as otherwise provided in this section, anaccusation filed pursuant to Section 11503 of the Government Codeagainst a licensee or registrant under the chapters the boardadministers and enforces shall be filed within three years from thedate the board discovers the alleged act or omission that is thebasis for disciplinary action or within seven years from the date thealleged act or omission that is the basis for disciplinary actionoccurred, whichever occurs first. (b) An accusation filed against a licensee alleging theprocurement of a license by fraud or misrepresentation is not subjectto the limitations set forth in subdivision (a). (c) The limitations period provided by subdivision (a) shall betolled for the length of time required to obtain compliance when areport required to be filed by the licensee or registrant with theboard pursuant to Article 11 (commencing with Section 800) of Chapter1 is not filed in a timely fashion. (d) An accusation alleging sexual misconduct shall be filed withinthree years after the board discovers the act or omission alleged asthe grounds for disciplinary action or within 10 years after the actor omission alleged as the grounds for disciplinary action occurred,whichever occurs first. This subdivision shall apply to a complaintalleging sexual misconduct received by the board on and after January1, 2002. (e) If an alleged act or omission involves a minor, the seven-yearlimitations period provided for by subdivision (a) and the 10-yearlimitations period provided for by subdivision (d) shall be tolleduntil the minor reaches the age of majority. However, if the boarddiscovers an alleged act of sexual contact with a minor under Section261, 286, 288, 288.5, 288a, or 289 of the Penal Code after thelimitations periods described in this subdivision have otherwiseexpired, and there is independent evidence that corroborates theallegation, an accusation shall be filed within three years from thedate the board discovers that alleged act. (f) The limitations period provided by subdivision (a) shall betolled during any period if material evidence necessary forprosecuting or determining whether a disciplinary action would beappropriate is unavailable to the board due to an ongoing criminalinvestigation. (g) For purposes of this section, "discovers" means the latest ofthe occurrence of any of the following with respect to each act oromission alleged as the basis for disciplinary action: (1) The date the board received a complaint or report describingthe act or omission. (2) The date, subsequent to the original complaint or report, onwhich the board became aware of any additional acts or omissionsalleged as the basis for disciplinary action against the sameindividual. (3) The date the board receives from the complainant a writtenrelease of information pertaining to the complainant's diagnosis andtreatment.4990.34.  (a) The board may place a license or registration issuedunder the chapters it administers and enforces on probation under thefollowing circumstances: (1) In lieu of, or in addition to, any order of the boardsuspending or revoking the license or registration. (2) Upon the issuance of a license or registration to anindividual who has been guilty of unprofessional conduct but whootherwise completed all education, training, and experience requiredfor licensure or registration. (3) As a condition upon the reissuance or reinstatement of alicense or registration that has been suspended or revoked by theboard. (b) The board may adopt regulations establishing a monitoringprogram to ensure compliance with any terms or conditions ofprobation imposed by the board pursuant to subdivision (a). The costof probation or monitoring may be ordered to be paid by the licenseeor registrant.4990.36.  The board, in its discretion, may require a licensee orregistrant whose license or registration has been placed on probationor whose license or registration has been suspended, to obtainadditional professional training and to pass an examination uponcompletion of that training and to pay any necessary examination fee.The examination may be written, oral, or a practical or clinicalexamination.4990.38.  The board may deny an application or may suspend or revokea license or registration issued under the chapters it administersand enforces for any disciplinary action imposed by another state orterritory or possession of the United States, or by a governmentalagency on a license, certificate or registration to practice marriageand family therapy, clinical social work, educational psychology,professional clinical counseling, or any other healing art. Thedisciplinary action, which may include denial of licensure orrevocation or suspension of the license or imposition of restrictionson it, constitutes unprofessional conduct. A certified copy of thedisciplinary action decision or judgment shall be conclusive evidenceof that action.4990.40.  The board shall revoke a license or registration issuedunder the chapters it administers and enforces upon a decision madein accordance with the procedures set forth in Chapter 5 (commencingwith Section 11500) of Part 1 of Division 3 of Title 2 of theGovernment Code, that contains a finding of fact that the licensee orregistrant engaged in an act of sexual contact, as defined inSection 729, when that act is with a patient or with a former patientwhen the relationship was terminated primarily for the purpose ofengaging in that act. The revocation shall not be stayed by theadministrative law judge or the board.4990.42.  The proceedings under this article shall be conducted inaccordance with Chapter 5 (commencing with Section 11500) of Part 1of Division 3 of Title 2 of the Government Code.