California CodesBusiness and Professions Code - BPCDivision 2 — Healing ArtsChapter 8.3 — Respiratory TherapyArticle 5 — Suspension, Revocation, and Reinstatement of CertificatesSection 3752
A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge of any offense which substantially relates to the qualifications, functions, or duties of a respiratory care practitioner is deemed to be a conviction within the meaning of this article. The board shall order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
Notes
Defines a qualifying guilty plea, guilty verdict, or conviction after a nolo contendere plea for an offense substantially related to respiratory care practice as a conviction under the article. After specified appeal or judgment milestones, the board must suspend or revoke the license, or may decline issuance, despite a later Penal Code dismissal or set-aside.
Use as reference
Lexinter.net | California Code, Business and Professions Code - BPC § 3752 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-8-3/article-5/section-3752