California Code
ARTICLE 12 - Enforcement
Section 2307.

2307. (a) Except as provided in subdivision (i), a person whose certificate has been surrendered while under investigation or while charges are pending or whose certificate has been revoked or suspended or placed on probation, may petition the board for reinstatement or modification of penalty, including modification or termination of probation.

(b) The person may file the petition after a period of not less than the following minimum periods have elapsed from the effective date of the surrender of the certificate or the decision ordering that disciplinary action:

(1) At least three years for reinstatement of a license surrendered or revoked for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a petition for reinstatement may be filed after two years.

(2) At least two years for early termination of probation of three years or more.

(3) At least one year for modification of a condition, or reinstatement of a license surrendered or revoked for mental or physical illness, or termination of probation of less than three years.

(c) The petition shall state any facts as may be required by the board. The petition shall be accompanied by at least two verified recommendations from physicians and surgeons licensed in any state who have personal knowledge of the activities of the petitioner since the disciplinary penalty was imposed.

(d) The petition may be heard by a panel of the board. The board may assign the petition to an administrative law judge designated in Section 11371 of the Government Code. After a hearing on the petition, the administrative law judge shall provide a proposed decision to the board or the California Board of Podiatric Medicine, as applicable, which shall be acted upon in accordance with Section 2335.

(e) The panel of the board or the administrative law judge hearing the petition may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioner’s activities during the time the certificate was in good standing, and the petitioner’s rehabilitative efforts, general reputation for truth, and professional ability. The hearing may be continued from time to time as the administrative law judge designated in Section 11371 of the Government Code finds necessary.

(f) The administrative law judge designated in Section 11371 of the Government Code reinstating a certificate or modifying a penalty may recommend the imposition of any terms and conditions deemed necessary.

(g) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. No petition shall be considered while there is an accusation or petition to revoke probation pending against the person. The board may deny without a hearing or argument any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section.

(h) This section is applicable to and may be carried out with regard to licensees of the California Board of Podiatric Medicine. In lieu of two verified recommendations from physicians and surgeons, the petition shall be accompanied by at least two verified recommendations from doctors of podiatric medicine licensed in any state who have personal knowledge of the activities of the petitioner since the date the disciplinary penalty was imposed.

(i) (1) The board shall not reinstate the certificate of a person under any of the following circumstances:

(A) The person’s certificate has been surrendered because the person committed an act of sexual abuse, misconduct, or relations with a patient pursuant to Section 726 or sexual exploitation as defined in subdivision (a) of Section 729.

(B) The person’s certificate has been revoked based on a finding by the board that the person committed an act of sexual abuse, misconduct, or relations with a patient pursuant to Section 726 or sexual exploitation as defined in subdivision (a) of Section 729.

(C) The person was convicted in a court in or outside of this state of any offense that, if committed or attempted in this state, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in subdivision (c) of Section 290 of the Penal Code, and the person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense.

(D) The person has been required to register as a sex offender pursuant to the provisions of Section 290 of the Penal Code, regardless of whether the conviction has been appealed, and the person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense.

(2) A plea or a verdict of guilty or a conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this section. The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

(3) This subdivision does not apply to an applicant who is required to register as a sex offender pursuant to Section 290 of the Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal Code.

(j) Nothing in this section shall be deemed to alter Sections 822 and 823.

(Amended by Stats. 2022, Ch. 453, Sec. 3. (AB 1636) Effective January 1, 2023.)

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.