Application Denial Information

The Physician Assistant Committee's highest priority is to protect consumers by investigating complaints and taking disciplinary action against licensees and applicants for licensure who may endanger the health and safety of consumers.

Section 480 of the Business and Professions Code authorizes the committee to deny an application for licensure as a physician assistant based on conviction or the commission of an act substantially related to the practice of a physician assistant.

Grounds for denial of an application for licensure are based on statutes and regulations. The following statutes and regulations may apply to denial of an application for licensure as a physician assistant.

BUSINESS AND PROFESSIONS CODE

480. (a) A board may deny a license regulated by this code on the grounds that the applicant has one of the following:

(1) Been convicted of a crime. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action which a board is permitted to take following the establishment of a conviction may be taken 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.
(2) Done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; or
(3) Done any act which if done by a licentiate of the business or profession in question, would be grounds for suspension or revocation of license.
The board may deny a license pursuant to this subdivision only if the crime or act is substantially related to the qualifications, functions or duties of the business or profession for which application is made.
(b) Notwithstanding any other provision of this code, no person shall be denied a license solely on the basis that he has been convicted of a felony if he has obtained a certificate of rehabilitation under Section 4852.01 and following of the Penal Code or that he has been convicted of a misdemeanor if he has met all applicable requirements of the criteria of rehabilitation developed by the board to evaluate the rehabilitation of a person when considering the denial of a license under subdivision (a) of Section 482.
(c) A board may deny a license regulated by this code on the ground that the applicant knowingly made a false statement of fact required to be revealed in the application for such license.

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.

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.

TITLE 16. CALIFORNIA CODE OF REGULATIONS

1399.521. Denial, Suspension or Revocation of a Physician Assistant License.
In addition to the grounds set forth in section 3527, subd. (a), of the code the committee may deny, issue subject to terms and conditions, suspend, revoke or place on probation a physician assistant for the following causes:
(a) Any violation of the State Medical Practice Act which would constitute unprofessional conduct for a physician and surgeon.
(b) Using fraud or deception in passing an examination administered or approved by the committee.
(c) Practicing as a physician assistant under a physician or other person who has not received the approval of the board, or the Board of Osteopathic Examiners in the case of a supervising physician licensed by that board, to supervise a physician assistant.
(d) Practicing as a physician assistant under a physician whose approval to supervise a physician assistant has been suspended or revoked.
(e) Performing medical tasks which exceed the scope of practice of a physician assistant as prescribed in these regulations.

1399.525. Substantial Relationship Criteria.
For the purposes of the denial, suspension or revocation of a license or approval pursuant to division 1.5 (commencing with section 475) of the code, a crime or act shall be considered to be substantially related to the qualifications, functions or duties of a person holding a license or approval under the Physician Assistant Practice Act if to a substantial degree it evidences present or potential unfitness of a person holding such a license or approval to perform the functions authorized by the license or approval in a manner consistent with the public health, safety or welfare. Such crimes or acts shall include, but are not limited to, the following:
(a) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision or term of the Medical Practice Act.
(b) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision or term of the Physician Assistant Practice Act.
(c) A conviction of child abuse.
(d) Conviction as a sex offender.
(e) Any crime or act involving the sale, gift, administration, or furnishing of narcotics or dangerous drugs or dangerous devices, as defined in Section 4022 of the code.
(f) Conviction for assault and/or battery.
(g) Conviction of a crime involving lewd conduct.
(h) Conviction of a crime involving fiscal dishonesty.
(i) Conviction for driving under the influence of drugs or alcohol.

1399.526. Rehabilitation Criteria for Denials and Reinstatements.
(a) When considering the denial of a license or approval under section 480 of the code, the committee or the board, as the case may be, in evaluating the rehabilitation of the applicant and his or her present eligibility for a license or approval, shall consider the following criteria:
(1) The nature and severity of the act(s) or crime(s) under consideration as grounds for denial.
(2) Evidence of any act(s) committed subsequent to the act(s) or crime(s) under consideration as grounds for denial under section 480 of the code.
(3) The time that has elapsed since commission of the act(s) or crime(s) referred to in subsection (a) or (b).
(4) The extent to which the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.
(5) Evidence, if any, of rehabilitation submitted by the applicant.
(b) When considering a petition for reinstatement of a license or approval under the provisions of section 11522 of the Government Code, the committee or board, as the case may be, shall evaluate evidence of rehabilitation submitted by the petitioner considering those criteria specified in this section.

GENERAL INFORMATION REGARDING DENIAL OF APPLICATIONS

Before the committee issues a physician assistant license or interim approval, clearances must be received from the California Department of Justice and Federal Bureau of Investigation. Applicants are required to report all criminal convictions on their applications. All convictions, whether they occurred in California or in another state or territory, that have been set aside and dismissed or expunged, or where a stay of execution has been issued MUST be reported. Additionally, applicants must also report all prior or current disciplinary actions against health-care related licenses.

Failure to report a conviction on a disciplinary action constitutes grounds for denial of an application for licensure as a physician assistant.

The Physician Assistant Committee reviews all convictions. Each application is evaluated on a case-by-case basis. The committee considers whether the conviction is substantially related to the qualifications, functions, or duties of a physician assistant, the nature and severity of the acts, evidence of rehabilitation, and the time elapsed since the commission of the acts.

The normal processing time to review all documentation submitted is four to six weeks. The committee does not issue temporary licenses during the evaluation process.

Applicants will be notified in writing of the committee's decision to deny an application for licensure as a physician assistant.

If an application for licensure is denied the applicant has a right to a hearing under Chapter 5 (commencing with Section 1500) of part 1 of Division 3 of Title 2 of the Government Code if written request for the hearing is made within 60-days after service of the denial letter. Unless written request for a hearing is made within the 60-day period the right to a hearing is deemed waived.

If, after denial of the license, the applicant decides not to pursue the application for licensure the applicant may reapply one year from the date of the denial letter.

To avoid delays in the evaluation process please submit all documents requested in questions 13 —19 of the physician assistant application.