California CodesBusiness and Professions Code - BPCDivision 2 — Healing ArtsChapter 6.5 — Vocational NursingArticle 3 — Disciplinary ProceedingsSection 2878.9

(a) The board may issue an initial license on probation, with specific terms and conditions, to any applicant who has violated any term of this chapter, but who has met all other requirements for licensure and who has successfully completed the examination for licensure within four years of the date of issuance of the initial license.

(b) Specific terms and conditions may include, but are not limited to, the following:

(1) Continuing medical, psychiatric, or psychological treatment.

(2) Ongoing participation in a specified rehabilitation program.

(3) Abstention from the use of alcohol or drugs.

(4) Compliance with all provisions of this chapter.

(c)(1) Notwithstanding any other provision of law, and for purposes of this section, when deciding whether to issue a probationary license, the board shall request that an applicant with a dismissed conviction provide proof of that dismissal and shall give special consideration to applicants whose convictions have been dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code.

(2) The board shall also take into account and consider any other reasonable documents or individual character references provided by the applicant that may serve as evidence of rehabilitation as deemed appropriate by the board.

(d) The board may modify or terminate the terms and conditions imposed on the probationary license upon receipt of a petition from the applicant or licensee.

(e) For purposes of issuing a probationary license to qualified new applicants, the board shall develop standard terms of probation that shall include, but not be limited to, the following:

(1) A three-year limit on the individual probationary license.

(2) A process to obtain a standard license for applicants who were issued a probationary license.

(3) Supervision requirements.

(4) Compliance and quarterly reporting requirements.

Notes

Allows an initial vocational-nursing license on probation for an applicant who violated the chapter but otherwise qualifies and passed the examination within four years before issuance. Requires special consideration of specified dismissed convictions and rehabilitation evidence, allows modification or termination, and requires standard probation terms including a three-year limit, supervision, quarterly reporting, and a route to a standard license.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 2878.9 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-6-5/article-3/section-2878-9

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