Notice of New Criminal Conviction Substantial Relationship and Rehabilitation Criteria
In order to implement Assembly Bill (AB) 2138 (Chiu, Chapter 995, Statutes of 2018), which intends to reduce barriers to licensure for people with criminal convictions who are rehabilitated, the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board (Board) promulgated regulations which became effective May 7, 2021. These approved regulations change existing regulations with respect to the substantial relationship and rehabilitation criteria to ensure the Board’s licensing activities are consistent with the changes made by AB 2138.
Specifically, the Board may not deny a license solely because the applicant was convicted of a crime, or due to the acts underlying the conviction, if the applicant has a certificate of rehabilitation, was granted clemency, made a showing of rehabilitation, or the conviction was dismissed or expunged. Absent these circumstances, these regulations permit the Board to deny a license when an applicant has been convicted of a crime, if the crime is substantially related to the qualifications, functions, or duties of the regulated business or profession. The Board may also deny a license for substantially related professional misconduct that results in formal discipline by another licensing board. These regulations also establish the criteria that the Board will utilize to evaluate the rehabilitation of a person when considering the denial, suspension, or revocation of a license.
For additional information, the regulatory documents can be found below.
Criminal Conviction Substantial Relationship and Rehabilitation Criteria Regulations
Effective Date of Regulation: May 7, 2021
This approved regulation amends sections 1399.132, 1399.133, 1399.134 of Article 6 of Division 13.3 of Title 16, California Code of Regulations and sections 1399.156.1, 1399.156.2, and 1399.156.3 of Article 7 of Division 13.4 of Title 16, California Code of Regulations.
