2005 California Business and Professions Code Sections 3527-3531 Article 5. Denial, Suspension and Revocation

3527.  (a) The committee may order the denial of an application for,
or the issuance subject to terms and conditions of, or the
suspension or revocation of, or the imposition of probationary
conditions upon a physician assistant license after a hearing as
required in Section 3528 for unprofessional conduct which includes,
but is not limited to, a violation of this chapter, a violation of
the Medical Practice Act, or a violation of the regulations adopted
by the committee or the board.
   (b) The committee may order the denial of an application for, or
the suspension or revocation of, or the imposition of probationary
conditions upon, an approved program after a hearing as required in
Section 3528 for a violation of this chapter or the regulations
adopted pursuant thereto.
   (c) The board may order the denial of an application for, or the
issuance subject to terms and conditions of, or the suspension or
revocation of, or the imposition of probationary conditions upon, an
approval to supervise a physician assistant, after a hearing as
required in Section 3528, for unprofessional conduct, which includes,
but is not limited to, a violation of this chapter, a violation of
the Medical Practice Act, or a violation of the regulations adopted
by the committee or the board.
   (d) Notwithstanding subdivision (c), the Division of Medical
Quality of the Medical Board of California, in conjunction with an
action it has commenced against a physician and surgeon, may, in its
own discretion and without the concurrence of the board, order the
suspension or revocation of, or the imposition of probationary
conditions upon, an approval to supervise a physician assistant,
after a hearing as required in Section 3528, for unprofessional
conduct, which includes, but is not limited to, a violation of this
chapter, a violation of the Medical Practice Act, or a violation of
the regulations adopted by the committee or the board.
   (e) The committee may order the denial of an application for, or
the suspension or revocation of, or the imposition of probationary
conditions upon, a physician assistant license, after a hearing as
required in Section 3528 for unprofessional conduct which includes,
except for good cause, the knowing failure of a licensee to protect
patients by failing to follow infection control guidelines of the
committee, thereby risking transmission of blood-borne infectious
diseases from licensee to patient, from patient to patient, and from
patient to licensee.  In administering this subdivision, the
committee shall consider referencing the standards, regulations, and
guidelines of the State Department of Health Services developed
pursuant to Section 1250.11 of the Health and Safety Code and the
standards, regulations, and guidelines pursuant to the California
Occupational Safety and Health Act of 1973 (Part 1 (commencing with
Section 6300) of Division 5 of the Labor Code) for preventing the
transmission of HIV, hepatitis B, and other blood-borne pathogens in
health care settings.  As necessary, the committee shall consult with
the California Medical Board, the Board of Podiatric Medicine, the
Board of Dental Examiners, the Board of Registered Nursing, and the
Board of Vocational Nursing and Psychiatric Technicians, to encourage
appropriate consistency in the implementation of this subdivision.
   The committee shall seek to ensure that licensees are informed of
the responsibility of licensees and others to follow infection
control guidelines, and of the most recent scientifically recognized
safeguards for minimizing the risk of transmission of blood-borne
infectious diseases.
3528.  Any proceedings involving the denial, suspension, or
revocation of the application for licensure or the license of a
physician assistant, the application for approval or the approval of
a supervising physician, or the application for approval or the
approval of an approved program under this chapter shall be conducted
in accordance with Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code.
3529.  The committee may hear any matters filed pursuant to
subdivisions (a) and (b) of Section 3527, or may assign any such
matter to a hearing officer.  The board may hear any matters filed
pursuant to subdivision (c) of Section 3527, or may assign any such
matter to a hearing officer.  If a matter is heard by the committee
or the board, the hearing officer who presided at the hearing shall
be present during the committee's or board's consideration of the
case, and, if requested assist and advise the committee or the board.
3530.  One year from the date of a revocation of a license or
approval under this chapter, application may be made to the committee
or the board in the case of approval of an application to supervise
physician assistants for reinstatement, restoration or modification
of probation.  The committee may accept or reject an application for
reinstatement, restoration, or modification of probation and may
require an examination for that reinstatement, restoration, or
modification of probation when it is deemed appropriate for a license
or approval under this chapter.
3531.  A plea or verdict of guilty or a conviction following a plea
of nolo contendere made to a charge of a felony or of any offense
which is substantially related to the qualifications, functions, or
duties of the business or profession to which the license was issued
is deemed to be a conviction within the meaning of this chapter.  The
committee may order the license suspended or revoked, or shall
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 the provisions of
Section 1203.4 of the Penal Code allowing such person to withdraw his
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.