California CodesBusiness and Professions Code - BPCDivision 2 — Healing ArtsChapter 1 — General ProvisionsArticle 12.5 — Mental Illness or Physical IllnessSection 823

Notwithstanding any other provisions of law, reinstatement of a licentiate against whom action has been taken pursuant to Section 822 shall be governed by the procedures in this article. In reinstating a certificate or license which has been revoked or suspended under Section 822, the licensing agency may impose terms and conditions to be complied with by the licentiate after the certificate or license has been reinstated. The authority of the licensing agency to impose terms and conditions includes, but is not limited to, the following:

(a) Requiring the licentiate to obtain additional professional training and to pass an examination upon the completion of the training.

(b) Requiring the licentiate to pass an oral, written, practical, or clinical examination, or any combination thereof to determine his or her present fitness to engage in the practice of his or her profession.

(c) Requiring the licentiate to submit to a complete diagnostic examination by one or more physicians and surgeons or psychologists appointed by the licensing agency. If the licensing agency requires the licentiate to submit to such an examination, the licensing agency shall receive and consider any other report of a complete diagnostic examination given by one or more physicians and surgeons or psychologists of the licentiate’s choice.

(d) Requiring the licentiate to undergo continuing treatment.

(e) Restricting or limiting the extent, scope or type of practice of the licentiate.

Notes

Allows a licensing agency reinstating a license or certificate revoked or suspended for impaired ability to practice to impose post-reinstatement terms, including training, examinations, diagnostic evaluation, continuing treatment, and practice restrictions. If it orders a diagnostic examination, requires the agency also to receive and consider a complete examination report from physicians or psychologists chosen by the licentiate.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 823 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-1/article-12-5/section-823

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