Bill Text: CA AB496 | 2019-2020 | Regular Session | Amended
Bill Title: Business and professions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-09-27 - Chaptered by Secretary of State - Chapter 351, Statutes of 2019. [AB496 Detail]
Download: California-2019-AB496-Amended.html
Amended
IN
Assembly
May 06, 2019 |
Assembly Bill | No. 496 |
Introduced by Assembly Member Low |
February 12, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 23.8 of the Business and Professions Code is amended to read:23.8.
“Licensee” means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600.SEC. 2.
Section 23.9 of the Business and Professions Code is amended to read:23.9.
Notwithstanding any other provision of this code, any individual who, while imprisoned in a state prison or other correctional institution, is trained, in the course of a rehabilitation program approved by the particular licensing agency concerned and provided by the prison or other correctional institution, in a particular skill, occupation, or profession for which a state license, certificate, or other evidence of proficiency is required by this code shall not, when released from the prison or institution, be denied the right to take the next regularly scheduled state examination or any examination thereafter required to obtain the license, certificate, or other evidence of proficiency and shall not be denied such license, certificate, or other evidence of proficiency, because of that individual’s imprisonment or the conviction from which the imprisonment resulted, or because the individual obtained the individual’s training in prison or in the correctional institution, if the licensing agency, upon recommendation of the Adult Authority or the Department of the Youth Authority, as the case may be, finds that the individual is a fit person to be licensed.SEC. 3.
Section 25 of the Business and Professions Code is amended to read:25.
Any person applying for a license, registration, or the first renewal of a license, after the effective date of this section, as a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed professional clinical counselor shall, in addition to any other requirements, show by evidence satisfactory to the agency regulating the business or profession, that they have completed training in human sexuality as a condition of licensure. The training shall be creditable toward continuing education requirements as deemed appropriate by the agency regulating the business or profession, and the course shall not exceed more than 50 contact hours.SEC. 4.
Section 27 of the Business and Professions Code is amended to read:27.
(a) Each entity specified in subdivisions (c), (d), and (e) shall provide on theSEC. 5.
Section 28 of the Business and Professions Code is amended to read:28.
(a) The Legislature finds that there is a need to ensure that professionals of the healing arts who have demonstrable contact with victims and potential victims of child, elder, and dependent adult abuse, and abusers and potential abusers of children, elders, and dependent adults are provided with adequate and appropriate training regarding the assessment and reporting of child, elder, and dependent adult abuse that will ameliorate, reduce, and eliminate the trauma of abuse and neglect and ensure the reporting of abuse in a timely manner to prevent additional occurrences.SEC. 6.
Section 30 of the Business and Professions Code is amended to read:30.
(a) (1) Notwithstanding any other law, any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicant’s social security number for all other applicants.SEC. 7.
Section 31 of the Business and Professions Code is amended to read:31.
(a) As used in this section, “board” means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession.SEC. 8.
Section 101 of the Business and Professions Code is amended to read:101.
The department is comprised of the following:(a)Notwithstanding any other provision of law, boards shall meet at least three times each calendar year. Boards shall meet at least once each calendar year in northern California and once each calendar year in southern California in order to facilitate participation by the public and its licensees.
(b)The director at the director’s discretion may exempt any board from the requirement in subdivision (a) upon a showing of good cause that the board is not able to meet at least three times in a calendar year.
(c)The director may call for a special meeting of the board when a board is not fulfilling its duties.
(d)An agency within the department that is required to provide a written notice pursuant to subdivision (a) of Section 11125 of the Government Code, may provide that notice by regular mail, email, or by both regular mail and email. An agency shall give a person who requests a notice the option of receiving the notice by regular mail, email, or by both regular mail and email. The agency shall comply with the requester’s chosen form or forms of notice.
(e)An agency that plans to Web cast a meeting shall include in the meeting notice required pursuant to subdivision (a) of Section 11125 of the Government Code
a statement of the board’s intent to Web cast the meeting. An agency may Web cast a meeting even if the agency fails to include that statement of intent in the notice.
SEC. 9.
Section 101.7 of the Business and Professions Code is amended to read:101.7.
(a) Notwithstanding any other provision of law, boards shall meet at least two times each calendar year. Boards shall meet at least once each calendar year in northern California and once each calendar year in southern California in order to facilitate participation by the public and its licensees.SEC. 10.
Section 102.3 of the Business and Professions Code is amended to read:102.3.
(a) The director may enter into an interagency agreement with an appropriate entity within the Department of Consumer Affairs as provided for in Section 101 to delegate the duties, powers, purposes, responsibilities, and jurisdiction that have been succeeded and vested with the department, of a board, as defined in Section 477, which became inoperative and was repealed in accordance with Chapter 908 of the Statutes of 1994.SEC. 11.
Section 103 of the Business and Professions Code is amended to read:103.
Each member of a board, commission, or committee created in the various chapters of Division 2 (commencing with Section 500) and Division 3 (commencing with Section 5000), and in Chapter 2 (commencing with Section 18600) and Chapter 3 (commencing with Section 19000) of Division 8, shall receive the moneys specified in this section when authorized by the respective provisions.SEC. 12.
Section 105.5 of the Business and Professions Code is amended to read:105.5.
Notwithstanding any other provision of this code, each member of a board, commission, examining committee, or other similarly constituted agency within the department shall hold office until the appointment and qualification of that member’s successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs.SEC. 13.
Section 106 of the Business and Professions Code is amended to read:106.
TheSEC. 14.
Section 107 of the Business and Professions Code is amended to read:107.
Pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution, each board may appoint a person exempt from civil service and may fix that person’s salary, with the approval of the Department of Human Resources pursuant to Section 19825 of the Government Code, who shall be designated as an executive officer unless the licensing act of the particular board designates the person as a registrar.SEC. 15.
Section 108.5 of the Business and Professions Code is amended to read:108.5.
In any investigation,SEC. 16.
Section 111 of the Business and Professions Code is amended to read:111.
Unless otherwise expressly provided, any board may, with the approval of the appointing power, appoint qualified persons, who shall be designated as commissioners on examination, to give the whole or any portion of any examination. A commissioner on examination need not be a member of the board but shall have the same qualifications as one and shall be subject to the same rules.SEC. 17.
Section 114 of the Business and Professions Code is amended to read:114.
(a) Notwithstanding any other provision of this code, any licensee or registrant of any board, commission, or bureau within the department whose license expired while the licensee or registrant was on active duty as a member of the California National Guard or the United States Armed Forces, may, upon application, reinstate their license or registration without examination or penalty, provided that all of the following requirements are satisfied:SEC. 18.
Section 114.3 of the Business and Professions Code is amended to read:114.3.
(a) Notwithstanding any other law, every board, as defined in Section 22, within the department shall waive the renewal fees, continuing education requirements, and other renewal requirements as determined by the board, if any are applicable, for any licensee or registrant called to active duty as a member of the United States Armed Forces or the California National Guard if all of the following requirements are met:SEC. 19.
Section 115.5 of the Business and Professions Code is amended to read:115.5.
(a) A board within the department shall expedite the licensure process for an applicant who meets both of the following requirements:SEC. 20.
Section 115.6 of the Business and Professions Code is amended to read:115.6.
(a) A board within the department shall, after appropriate investigation, issue the following eligible temporary licenses to an applicant if the applicant meets the requirements set forth in subdivision (c):SEC. 21.
Section 116 of the Business and Professions Code is amended to read:116.
(a) The director may audit and review, upon the director’s own initiative, or upon the request of a consumer or licensee, inquiries and complaints regarding licensees, dismissals of disciplinary cases, the opening, conduct, or closure of investigations, informal conferences, and discipline short of formal accusation by the Medical Board of California, the allied health professional boards, and the Podiatric Medical Board of California. The director may make recommendations for changes to the disciplinary system to the appropriate board, the Legislature, or both.SEC. 22.
Section 119 of the Business and Professions Code is amended to read:119.
Any person who does any of the following is guilty of a misdemeanor:SEC. 23.
Section 120 of the Business and Professions Code is amended to read:120.
(a) Subdivision (a) of Section 119 shall not apply to a surviving spouse having in the surviving spouse’s possession or displaying a deceased spouse’s canceled certified public accountant certificate or canceled public accountant certificate that has been canceled by official action of the California Board of Accountancy.SEC. 24.
Section 121 of the Business and Professions Code is amended to read:121.
No licensee who has complied with the provisions of this code relating to the renewal of the licensee’s license prior to expiration of such license shall be deemed to be engaged illegally in the practice of the licensee’s business or profession during any period between such renewal and receipt of evidence of such renewal which may occur due to delay not the fault of the applicant.SEC. 25.
Section 124 of the Business and Professions Code is amended to read:124.
Notwithstanding subdivision (c) of Section 11505 of the Government Code, whenever written notice, including a notice, order, or document served pursuant to Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), or Chapter 5 (commencing with Section 11500), of Part 1 of Division 3 of Title 2 of the Government Code, is required to be given by any board in the department, the notice may be given by regular mail addressed to the last known address of the licensee or by personal service, at the option of the board.SEC. 26.
Section 125 of the Business and Professions Code is amended to read:125.
Any person, licensed under Division 1 (commencing with Section 100), Division 2 (commencing with Section 500), or Division 3 (commencing with Section 5000) is guilty of a misdemeanor and subject to the disciplinary provisions of this code applicable to them, who conspires with a person not so licensed to violate any provision of this code, or who, with intent to aid or assist that person in violating those provisions does either of the following:SEC. 27.
Section 125.3 of the Business and Professions Code is amended to read:125.3.
(a) Except as otherwise provided by law, in any order issued in resolution of a disciplinary proceeding before any board within the department or before the Osteopathic Medical Board, upon request of the entity bringing the proceeding, the administrative law judge may direct a licensee found to have committed a violation or violations of the licensing act to pay a sum not to exceed the reasonable costs of the investigation and enforcement of the case.SEC. 28.
Section 125.6 of the Business and Professions Code is amended to read:125.6.
(a) (1) With regard to an applicant, every person who holds a license under the provisions of this code is subject to disciplinary action under the disciplinary provisions of this code applicable to that person if, because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code, the person refuses to perform the licensed activity or aids or incites the refusal to perform that licensed activity by another licensee, or if, because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code, the personSEC. 29.
Section 125.9 of the Business and Professions Code is amended to read:125.9.
(a) Except with respect to persons regulated under Chapter 11 (commencing with Section 7500), any board, bureau, or commission within the department, the State Board of Chiropractic Examiners, and the Osteopathic Medical Board of California, may establish, by regulation, a system for the issuance to a licensee of a citation which may contain an order of abatement or an order to pay an administrative fine assessed by the board, bureau, or commission where the licensee is in violation of the applicable licensing act or any regulation adopted pursuant thereto.SEC. 30.
Section 127 of the Business and Professions Code is amended to read:127.
Notwithstanding any other provision of this code, the director may require such reports from any board, commission, examining committee, or other similarly constituted agency within the department as the director deems reasonably necessary on any phase of their operations.SEC. 31.
Section 129 of the Business and Professions Code is amended to read:129.
(a) As used in this section, “board” means every board, bureau, commission, committee, and similarly constituted agency in the department that issues licenses.SEC. 32.
Section 130 of the Business and Professions Code is amended to read:130.
(a) Notwithstanding any other law, the term of office of any member of an agency designated in subdivision (b) shall be for a term of four years expiring on June 1.SEC. 33.
Section 132 of the Business and Professions Code is amended to read:132.
No board, commission, examining committee, or any other agency within the department may institute or join any legal action against any other agency within the state or federal government without the permission of the director.SEC. 34.
Section 136 of the Business and Professions Code is amended to read:136.
(a) Each person holding a license, certificate, registration, permit, or other authority to engage in a profession or occupation issued by a board within the department shall notify the issuing board at its principal office of any change in theSEC. 35.
Section 137 of the Business and Professions Code is amended to read:137.
Any agency within the department may promulgate regulations requiring licensees to include their license numbers in any advertising, soliciting, or other presentments to the public.SEC. 36.
Section 138 of the Business and Professions Code is amended to read:138.
Every board in the department, as defined in Section 22, shall initiate the process of adopting regulations on or before June 30, 1999, to require its licensees, as defined in Section 23.8, to provide notice to their clients or customers that the practitioner is licensed by this state. A board shall be exempt from the requirement to adopt regulations pursuant to this section if the board has in place, in statute or regulation, a requirement that provides for consumer notice of a practitioner’s status as a licensee of this state.SEC. 37.
Section 144 of the Business and Professions Code is amended to read:144.
(a) Notwithstanding any other law, an agency designated in subdivision (b) shall require an applicant to furnish to the agency a full set of fingerprints for purposes of conducting criminal history record checks. Any agency designated in subdivision (b) may obtain and receive, at its discretion, criminal history information from the Department of Justice and the United States Federal Bureau of Investigation.SEC. 38.
Section 151 of the Business and Professions Code is amended to read:151.
The director is appointed by the Governor and holds office at the Governor’s pleasure. The director shall receive the annual salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code, andSEC. 39.
Section 152 of the Business and Professions Code is amended to read:152.
For the purpose of administration, the reregistration and clerical work of the department is organized by the director, subject to the approval of the Governor, in such manner asSEC. 40.
Section 152.6 of the Business and Professions Code is amended to read:152.6.
Notwithstanding any other provision of this code, each board within the department shall, in cooperation with the director, establish such license periods and renewal dates for all licenses in such manner as best to distribute the renewal work of all boards throughout each year and permit the most efficient, and economical use of personnel and equipment. To the extent practicable, provision shall be made for the proration or other adjustment of fees in such manner that no person shall be required to pay a greater or lesser fee thanSEC. 41.
Section 153 of the Business and Professions Code is amended to read:153.
The director may investigate the work of theSEC. 42.
Section 156.1 of the Business and Professions Code is amended to read:156.1.
(a) Notwithstanding any otherSEC. 43.
Section 158 of the Business and Professions Code is amended to read:158.
With the approval of the Director of Consumer Affairs, the boards and commissions comprising the department or subject to its jurisdiction may make refunds to applicants who are found ineligible to take the examinations or whose credentials are insufficient to entitle them to certificates or licenses.SEC. 44.
Section 159.5 of the Business and Professions Code is amended to read:159.5.
(a) (1) There is in the department the Division of Investigation. The division is in the charge of a person with the title of chief of the division.(3)This subdivision shall become operative on July 1, 2014.