Mental Illness Or Physical Illness - General Provisions - Business & Professions - CA

Section § 820

This law says that if a licensing agency thinks someone with a professional license, certificate, or permit might not be able to do their job safely because of a mental or physical condition, they can require that person to have a medical or psychological evaluation. The results of this evaluation are shared with the person and can be used as evidence in specific legal proceedings.

Whenever it appears that any person holding a license, certificate or permit under this division or under any initiative act referred to in this division may be unable to practice his or her profession safely because the licentiate’s ability to practice is impaired due to mental illness, or physical illness affecting competency, the licensing agency may order the licentiate to be examined by one or more physicians and surgeons or psychologists designated by the agency. The report of the examiners shall be made available to the licentiate and may be received as direct evidence in proceedings conducted pursuant to Section 822.

professional license impairment mental illness physical illness

Section § 821

If a licensed professional doesn't follow a specific order related to Section 820, their license can be taken away or temporarily suspended.

The licentiate’s failure to comply with an order issued under Section 820 shall constitute grounds for the suspension or revocation of the licentiate’s certificate or license.

licentiate compliance order under Section 820 license suspension

Section § 822

This law says that if a licensing agency believes someone with a professional license can't work safely because of mental or physical illness, it can revoke, suspend, or put their license on probation. The agency has the discretion to take other actions as well. The license won't be given back until the person can prove they're healthy enough to work safely again, and the agency is convinced that public safety won't be at risk.

If a licensing agency determines that its licentiate’s ability to practice his or her profession safely is impaired because the licentiate is mentally ill, or physically ill affecting competency, the licensing agency may take action by any one of the following methods:

(a) Revoking the licentiate’s certificate or license.

(b) Suspending the licentiate’s right to practice.

(d) Taking such other action in relation to the licentiate as the licensing agency in its discretion deems proper.

The licensing agency shall not reinstate a revoked or suspended certificate or license until it has received competent evidence of the absence or control of the condition which caused its action and until it is satisfied that with due regard for the public health and safety the person’s right to practice his or her profession may be safely reinstated.

licensing agency professional license mental illness

Section § 823

If someone's professional license has been revoked or suspended, the process to have it reinstated must follow specific procedures. When the license is reinstated, the licensing agency can add conditions the person must meet. These can include further training, exams to test current skills, undergoing medical exams, or getting ongoing treatment. The agency may also limit the type or scope of the professional's practice.

Notwithstanding any other provisions of law, reinstatement of a licentiate against whom action has been taken pursuant to Section 822 shall be governed by the procedures in this article. In reinstating a certificate or license which has been revoked or suspended under Section 822, the licensing agency may impose terms and conditions to be complied with by the licentiate after the certificate or license has been reinstated. The authority of the licensing agency to impose terms and conditions includes, but is not limited to, the following:

(a) Requiring the licentiate to obtain additional professional training and to pass an examination upon the completion of the training.

(b) Requiring the licentiate to pass an oral, written, practical, or clinical examination, or any combination thereof to determine his or her present fitness to engage in the practice of his or her profession.

(c) Requiring the licentiate to submit to a complete diagnostic examination by one or more physicians and surgeons or psychologists appointed by the licensing agency. If the licensing agency requires the licentiate to submit to such an examination, the licensing agency shall receive and consider any other report of a complete diagnostic examination given by one or more physicians and surgeons or psychologists of the licentiate’s choice.

(d) Requiring the licentiate to undergo continuing treatment.

(e) Restricting or limiting the extent, scope or type of practice of the licentiate.

license reinstatement suspended license revoked license

Section § 824

This law allows the licensing agency to take action against a license holder under either Section 820, Section 822, or both at the same time.

The licensing agency may proceed against a licentiate under either Section 820, or 822, or under both sections.

licensing agency licentiate Section 820

Section § 825

This section explains that when talking about licensed doctors in this article, the term 'licensing agency' refers to a specific group within the Division of Medical Quality.

As used in this article with reference to persons holding licenses as physicians and surgeons, “licensing agency” means a panel of the Division of Medical Quality.

licensed physicians physicians and surgeons licensing agency

Section § 826

This law states that any legal proceedings related to Sections 821 and 822 should follow certain government procedures. Both the agency issuing licenses and the person holding the license have specific rights and powers defined in those government rules.

The proceedings under Sections 821 and 822 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, and the licensing agency and the licentiate shall have all the rights and powers granted therein.

licensing agency licentiate rights government procedures

Section § 827

This law allows a licensing agency to hold a private meeting if they need to discuss a license holder's mental or physical health issues. The agency can only do this to protect the privacy of the person involved.

Notwithstanding the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, relating to public meetings, the licensing agency may convene in closed session to consider any evidence relating to the licentiate’s mental or physical illness obtained pursuant to the proceedings under Section 820. The licensing agency shall only convene in closed session to the extent that it is necessary to protect the privacy of a licentiate.

licensing agency closed session mental illness

Section § 828

This law says that if there's not enough evidence to take action against a licensed professional after a review, all related records must stay private and can't be used in court. If there are no new actions against the person within five years, these records should be destroyed. However, if new actions are taken within that time, the records can be used in those new proceedings and must be shared with the person involved.

If the licensing agency determines, pursuant to proceedings conducted under Section 820, that there is insufficient evidence to bring an action against the licentiate pursuant to Section 822, then all licensing agency records of the proceedings, including the order for the examination, investigative reports, if any, and the report of the physicians and surgeons or psychologists, shall be kept confidential and are not subject to discovery or subpoena. If no further proceedings are conducted to determine the licentiates fitness to practice during a period of five years from the date of the determination by the licensing agency of the proceeding pursuant to Section 820, then the licensing agency shall purge and destroy all records pertaining to the proceedings. If new proceedings are instituted during the five-year period against the licentiate by the licensing agency, the records, including the report of the physicians and surgeons or psychologists, may be used in the proceedings and shall be available to the respondent pursuant to the provisions of Section 11507.6 of the Government Code.

licensing agency insufficient evidence confidential records