California Code
ARTICLE 12 - Enforcement
Section 2236.1.

2236.1. (a) A physician and surgeon’s certificate shall be suspended automatically during any time that the holder of the certificate is incarcerated after conviction of a felony, regardless of whether the conviction has been appealed. The Division of Medical Quality shall, immediately upon receipt of the certified copy of the record of conviction, determine whether the certificate of the physician and surgeon has been automatically suspended by virtue of the physician and surgeon’s incarceration, and if so, the duration of that suspension. The division shall notify the physician and surgeon of the license suspension and of the right to elect to have the issue of penalty heard as provided in this section.

(b) Upon receipt of the certified copy of the record of conviction, if after a hearing it is determined therefrom that the felony of which the licensee was convicted was substantially related to the qualifications, functions, or duties of a physician and surgeon, the Division of Medical Quality shall suspend the license until the time for appeal has elapsed, if an appeal has not been taken, or until the judgment of conviction has been affirmed on appeal or has otherwise become final, and until further order of the division. The issue of substantial relationship shall be heard by an administrative law judge from the Medical Quality Hearing Panel sitting alone or with a panel of the division, in the discretion of the division.

(c) Notwithstanding subdivision (b), a conviction of any crime referred to in Section 2237, or a conviction of Section 187, 261, 288, or former Section 262, of the Penal Code, shall be conclusively presumed to be substantially related to the qualifications, functions, or duties of a physician and surgeon and a hearing shall not be held on this issue. Upon its own motion or for good cause shown, the division may decline to impose or may set aside the suspension when it appears to be in the interest of justice to do so, with due regard to maintaining the integrity of and confidence in the medical profession.

(d) (1) Discipline may be ordered in accordance with Section 2227, or the Division of Licensing may order the denial of the license when the time for appeal has elapsed, the judgment of conviction has been affirmed on appeal, or 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 the plea of guilty and to enter a plea of not guilty, setting aside the verdict of guilty, or dismissing the accusation, complaint, information, or indictment.

(2) The issue of penalty shall be heard by an administrative law judge from the Medical Quality Hearing Panel sitting alone or with a panel of the division, in the discretion of the division. The hearing shall not be had until the judgment of conviction has become final or, irrespective of a subsequent order under Section 1203.4 of the Penal Code, an order granting probation has been made suspending the imposition of sentence; except that a licensee may, at the licensee’s option, elect to have the issue of penalty decided before those time periods have elapsed. Where the licensee so elects, the issue of penalty shall be heard in the manner described in this section at the hearing to determine whether the conviction was substantially related to the qualifications, functions, or duties of a physician and surgeon. If the conviction of a licensee who has made this election is overturned on appeal, any discipline ordered pursuant to this section shall automatically cease. This subdivision does not prohibit the division from pursuing disciplinary action based on any cause other than the overturned conviction.

(e) The record of the proceedings resulting in the conviction, including a transcript of the testimony therein, may be received in evidence.

(f) The other provisions of this article setting forth a procedure for the suspension or revocation of a physician and surgeon’s certificate shall not apply to proceedings conducted pursuant to this section.

(Amended by Stats. 2021, Ch. 626, Sec. 1. (AB 1171) Effective January 1, 2022.)

Structure California Code

California Code

Business and Professions Code - BPC

DIVISION 2 - HEALING ARTS

CHAPTER 5 - Medicine

ARTICLE 12 - Enforcement

Section 2220.

Section 2220.01.

Section 2220.05.

Section 2220.08.

Section 2220.5.

Section 2220.6.

Section 2220.7.

Section 2221.

Section 2221.05.

Section 2221.1.

Section 2222.

Section 2224.

Section 2225.

Section 2225.3.

Section 2225.5.

Section 2226.

Section 2227.

Section 2227.3.

Section 2227.5.

Section 2228.

Section 2228.1.

Section 2228.5.

Section 2229.

Section 2230.

Section 2230.5.

Section 2231.

Section 2232.

Section 2233.

Section 2234.

Section 2234.1.

Section 2235.

Section 2236.

Section 2236.1.

Section 2236.2.

Section 2237.

Section 2238.

Section 2239.

Section 2240.

Section 2241.

Section 2241.3.

Section 2241.5.

Section 2241.6.

Section 2242.

Section 2242.1.

Section 2242.2.

Section 2243.

Section 2244.

Section 2245.

Section 2246.

Section 2247.

Section 2248.

Section 2248.5.

Section 2249.

Section 2250.

Section 2251.

Section 2252.

Section 2253.

Section 2254.

Section 2255.

Section 2256.

Section 2257.

Section 2258.

Section 2259.

Section 2259.5.

Section 2259.7.

Section 2259.8.

Section 2260.

Section 2260.5.

Section 2261.

Section 2262.

Section 2263.

Section 2264.

Section 2266.

Section 2270.

Section 2271.

Section 2272.

Section 2273.

Section 2274.

Section 2275.

Section 2276.

Section 2277.

Section 2278.

Section 2280.

Section 2281.

Section 2282.

Section 2282.5.

Section 2282.5.

Section 2283.

Section 2284.

Section 2285.

Section 2286.

Section 2287.

Section 2288.

Section 2289.

Section 2290.

Section 2290.5.

Section 2291.

Section 2292.

Section 2293.

Section 2294.

Section 2305.

Section 2306.

Section 2307.

Section 2310.

Section 2311.

Section 2312.

Section 2313.

Section 2314.

Section 2315.

Section 2316.

Section 2317.

Section 2318.

Section 2319.