7396.5. (a) Notwithstanding any other provision of law, the board may, in its sole discretion, issue a probationary license to an applicant subject to terms and conditions deemed appropriate by the board, including, but 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.
(b) (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.
(c) 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.
(d) 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.
(Amended by Stats. 2008, Ch. 675, Sec. 7. Effective January 1, 2009.)
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