California § 2966 - Notwithstanding any other law, if a licensee or registrant is incarcerated due to

§ 2966. Notwithstanding any other law, if a licensee or registrant is incarcerated due to

(a) Notwithstanding any other law, if a licensee or registrant is incarcerated due to conviction of a felony, regardless of whether the conviction has been appealed, their license or registration is automatically suspended during the period of incarceration. (b) The board shall, immediately upon receipt of a certified copy of the licensee’s or registrant’s conviction, determine whether their license or registration has been automatically suspended due to incarceration, and notify the licensee or registrant of the suspension and of their right to a hearing on any board order of discipline or denial, as described in subdivision (e). (c) Unless the conviction is for an offense specified in subdivision (d), the board shall hold a hearing to determine if the felony conviction is substantially related to the qualifications, functions, or duties of a licensee or registrant. At the discretion of the board, the hearing shall be held by an administrative law judge sitting alone or with a panel of the board. The record of the proceedings resulting in the conviction, including a transcript of the testimony, shall be received in evidence. (d) A conviction of any crime specified in Section 187, 261, or 288 of, or former Section 262 of, the Penal Code shall be conclusively presumed to be substantially related to the qualifications, functions, or duties of a licensee or registrant and a hearing shall not be held pursuant to subdivision (c). (e) If the hearing in subdivision (c) determines that the conviction is substantially related to the qualifications, functions, or duties of the licensee or registrant, then the license or registration shall remain suspended until either the time for appeal has elapsed if no appeal has been taken, or the judgment of conviction has been affirmed on appeal or has otherwise become final, and until further order of the board. (f) The board may order discipline or deny a license or registration in accordance with Section 2961 if any of the following occur: (1) The time for appeal has elapsed. (2) The judgment of conviction has been affirmed on appeal. (3) A court order granting probation suspends the sentence, regardless of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw a plea of guilty and to enter a plea of not guilty, setting aside the verdict of guilty, or dismissing the accusation, complaint, information, or indictment. (4) The licensee or registrant elects to have the issue heard before any of the events specified in paragraphs (1), (2), or (3) occur. If the licensee or registrant elects to have the issue heard, the issue of penalty shall be heard at the hearing specified in subdivision (c). (g) If the conviction is overturned on appeal, any discipline ordered pursuant to this section shall automatically cease. Nothing in this subdivision prohibits the board from pursuing disciplinary action based on a cause other than the overturned conviction. (h) Upon its own motion or for good cause shown, the board may decline to set aside the suspension when it appears to be in the interest of justice to do so, with due regard to maintaining the integrity of and confidence in the psychology or psychoanalysis profession.