Section 1416.32 Of Article 3. Licensing From California Health And Safety Code >> Division 2. >> Chapter 2.35. >> Article 3.
1416.32
. (a) Prior to admission to the licensing examination, the
applicant shall read and sign an examination security agreement and
comply with its terms.
(b) The program may deny, suspend, revoke, or otherwise restrict
the license of an applicant or a licensee for any of the following
acts:
(1) Having or attempting to have an impersonator take the
examination on one's behalf.
(2) Impersonating or attempting to impersonate another to take the
examination on that person's behalf.
(3) Communicating or attempting to communicate about the
examination content with another examinee or with any person other
than the examination staff. This includes divulging the content of
specific written examination items to examination preparation
providers.
(4) Copying questions or making notes of examination materials or
revealing the content of the examination to others who are preparing
to take the NHAP examination or who are preparing others to take such
examination.
(5) Obstructing or attempting to obstruct the administration of
the examination in any way.
(c) It is a misdemeanor for any person to engage in any conduct
that subverts or attempts to subvert any licensing examination or the
administration of an examination, including, but not limited to, the
following conduct:
(1) Conduct that violates the security of the examination
materials, removing from the examination room any examination
materials without authorization, the unauthorized reproduction by any
means of any portion of the actual licensing examination, aiding by
any means the unauthorized reproduction of any portion of the actual
licensing examination, paying or using professional or paid
examination-takers for the purpose of reconstructing any portion of
the licensing examination, obtaining examination questions or other
examination material, except by specific authorization either before,
during, or after an examination, using or purporting to use any
examination questions or materials that were improperly removed or
taken from any examination for the purpose of instructing or
preparing any applicant for examination, or selling, distributing,
buying, receiving, or having unauthorized possession of any portion
of a future, current, or previously administered licensing
examination.
(2) Communicating with any other candidate during the
administration of a licensing examination, copying answers from
another examinee or permitting one's answers to be copied by another
examinee, having in one's possession during the administration of the
licensing examination any books, equipment, notes, written or
printed materials, or data of any kind, other than the examination
materials distributed, or otherwise authorized to be in one's
possession during the examination, or impersonating any examinee or
having an impersonator take the licensing examination on one's
behalf.
(d) Nothing in this section shall preclude prosecution under the
authority provided for in any other provision of law.
(e) In addition to any other penalties, a person found guilty of
violating this section, shall be liable for the actual damages
sustained by the agency administering the examination not to exceed
ten thousand dollars ($10,000) and the costs of litigation.
(f) The proceedings under this section shall be governed by
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure.
(g) The remedy provided for by this section shall be in addition
to, and not a limitation on, the authority provided for in any other
provision of law.