California CodesBusiness and Professions Code - BPCDivision 2 — Healing ArtsChapter 5 — MedicineArticle 12 — EnforcementSection 2229

(a) Protection of the public shall be the highest priority for the Division of Medical Quality, the California Board of Podiatric Medicine, and administrative law judges of the Medical Quality Hearing Panel in exercising their disciplinary authority.

(b) In exercising his or her disciplinary authority an administrative law judge of the Medical Quality Hearing Panel, the division, or the California Board of Podiatric Medicine, shall, wherever possible, take action that is calculated to aid in the rehabilitation of the licensee, or where, due to a lack of continuing education or other reasons, restriction on scope of practice is indicated, to order restrictions as are indicated by the evidence.

(c) It is the intent of the Legislature that the division, the California Board of Podiatric Medicine, and the enforcement program shall seek out those licensees who have demonstrated deficiencies in competency and then take those actions as are indicated, with priority given to those measures, including further education, restrictions from practice, or other means, that will remove those deficiencies. Where rehabilitation and protection are inconsistent, protection shall be paramount.

Notes

Establishes public protection as the highest disciplinary priority for the Division of Medical Quality, California Board of Podiatric Medicine, and specified administrative law judges. Disciplinary action should, where possible, rehabilitate licensees and correct competency deficiencies through education, restrictions, or other measures, but public protection controls whenever rehabilitation and protection are inconsistent.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 2229 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-5/article-12/section-2229

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