Section 11839.8 Of Article 1. Narcotic Treatment Programs From California Health And Safety Code >> Division 10.5. >> Part 2. >> Chapter 10. >> Article 1.
11839.8
. The director may deny the application for initial issuance
of a license if the applicant or any partner, officer, director, 10
percent or greater shareholder, or person proposed to be employed by
the applicant under the authority of subdivision (c) of Section 2401
of the Business and Professions Code:
(a) Fails to meet the qualifications for licensure established by
the department pursuant to this article. However, the director may
waive any established qualification for licensure of a narcotic
treatment program if he or she determines that it is reasonably
necessary in the interests of the public health and welfare.
(b) Was previously the holder of a license issued under this
article, and the license was revoked and never reissued or was
suspended and not reinstated, or the holder failed to adhere to
applicable laws and regulations regarding narcotic treatment programs
while the license was in effect.
(c) Misrepresented any material fact in the application.
(d) Committed any act involving fraud, dishonesty, or deceit, with
the intent to substantially benefit himself or herself or another or
substantially injure another, and the act is substantially related
to the qualification, functions, or duties of, or relating to, a
narcotic treatment program license.
(e) Was convicted of any crime substantially related to the
qualifications, functions, or duties of, or relating to, a narcotic
treatment program license.
(f) The director, in considering whether to deny licensure under
subdivision (d) or (e), shall determine whether the applicant is
rehabilitated after considering all of the following criteria:
(1) The nature and severity of the act or crime.
(2) The time that has elapsed since the commission of the act or
crime.
(3) The commission by the applicant of other acts or crimes
constituting grounds for denial of the license under this section.
(4) The extent to which the applicant has complied with terms of
restitution, probation, parole, or any other sanction or order
lawfully imposed against the applicant.
(5) Other evidence of rehabilitation submitted by the applicant.
(g) With respect to any other license issued to an applicant to
provide narcotic treatment services, violated any provision of this
article or regulations adopted under this article that relate to the
health and safety of patients, the local community, or the general
public. Violations include, but are not limited to, violations of
laws and regulations applicable to take-home doses of methadone,
urinalysis requirements, and security against redistribution of
replacement narcotic drugs. In these cases, the department shall deny
the application for an initial license unless the department
determines that all other licensed narcotic treatment programs
maintained by the applicant have corrected all deficiencies and
maintained compliance for a minimum of six months.