California CodesBusiness and Professions Code - BPCDivision 1.5 — Denial, Suspension and Revocation of LicensesChapter 3 — Suspension and Revocation of LicensesSection 492

Notwithstanding any other provision of law, successful completion of any diversion program under the Penal Code, or successful completion of an alcohol and drug problem assessment program under Article 5 (commencing with Section 23249.50) of Chapter 12 of Division 11 of the Vehicle Code, shall not prohibit any agency established under Division 2 (commencing with Section 500) of this code, or any initiative act referred to in that division, from taking disciplinary action against a licensee or from denying a license for professional misconduct, notwithstanding that evidence of that misconduct may be recorded in a record pertaining to an arrest.

This section shall not be construed to apply to any drug diversion program operated by any agency established under Division 2 (commencing with Section 500) of this code, or any initiative act referred to in that division.

Notes

Allows Division 2 agencies to discipline a licensee or deny a license for professional misconduct despite successful completion of specified Penal Code diversion or alcohol-and-drug assessment programs, even when misconduct evidence appears in an arrest record. The rule does not apply to drug diversion programs operated by those same Division 2 agencies or referenced initiative-act agencies.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 492 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-1-5/chapter-3/section-492

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