BILL NUMBER: AB 2427	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 11, 2008
	AMENDED IN SENATE  JULY 1, 2008

INTRODUCED BY   Assembly Member Eng

                        FEBRUARY 21, 2008

   An act to amend Section 460 of the Business and Professions Code,
relating to professions and vocations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2427, as amended, Eng. Professions and vocations.
   Existing law makes it unlawful for a city or county to prohibit a
person, authorized by one of the agencies of the Department of
Consumer Affairs to engage in a particular business, from engaging in
that business, occupation, or profession or any portion thereof.
   This bill would also make it unlawful for a city or county  or
city and county  to prohibit  that person or a group of
those persons   a healing arts licensee  from
engaging in any act or  series of acts  
performing any procedure  that falls within the 
statutory or regulatory definition of that business, occupation, or
profession   professionally recognized scope of practice
of that licensee  , but would prohibit construing this
provision to prohibit the enforcement of a local ordinance effective
prior to January 1, 2009, as specified  , or to prohibit local
time, manner, or place of business operations regulations  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 460 of the Business and Professions Code is
amended to read:
   460.   (a)    No city or county shall prohibit a
person or group of persons, authorized by one of the agencies in the
Department of Consumer Affairs by a license, certificate, or other
such means to engage in a particular business, from engaging in that
business, occupation, or profession or any portion  thereof,
or from engaging in any act or series of acts that falls within the
statutory or regulatory definition of that business, occupation, or
profession. However, nothing in this section   thereof.
 
   (b) No city or county or city and county shall prohibit a healing
arts professional licensed with the state under Division 2
(commencing with Section 500) from engaging in any act or performing
any procedure that falls within the professionally recognized scope
of practice of that licensee.  
   (1) Nothing in this subdivision shall prohibit any city, county,
or city and county from regulating the time, manner, or place of
business operations of a healing arts professional licensed under
Division 2 (commencing with Section 500). 
    (2)     Nothing in this subdivision 
shall be construed to prohibit the enforcement of a local ordinance
effective prior to January 1, 2009, related to any act or 
series of acts   procedure  that falls within
 the statutory or regulatory definition of that business,
occupation, or profession. In addition, nothing  the
professionally recognized scope of practice of a healing arts
professional licensed under Division 2 (commencing with Section 500).

    (c)     Nothing    in this
section shall prohibit any city or county or city and county from
levying a business license tax solely for revenue purposes  ,
 nor any city or county from levying a license tax solely for
the purpose of covering the cost of regulation.