BILL NUMBER: SB 762	ENROLLED
	BILL TEXT

	PASSED THE SENATE  MAY 14, 2009
	PASSED THE ASSEMBLY  JUNE 25, 2009
	AMENDED IN SENATE  MAY 5, 2009

INTRODUCED BY   Senator Aanestad

                        FEBRUARY 27, 2009

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 762, Aanestad. Professions and vocations: healing arts.
   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, county, or city
and county to prohibit a healing arts licensee from engaging in any
act or performing any procedure that falls within the professionally
recognized scope of practice of that licensee, but would prohibit
construing this provision to prohibit the enforcement of a local
ordinance in effect prior to January 1, 2010, as specified, or to
prohibit the adoption or enforcement of a local ordinance governing
zoning, business licensing, or reasonable health and safety
requirements, as specified.


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.
   (b) No city, 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) This subdivision shall not be construed to prohibit the
enforcement of a local ordinance in effect prior to January 1, 2010,
related to any act or procedure that falls within the professionally
recognized scope of practice of a healing arts professional licensed
under Division 2 (commencing with Section 500).
   (2) This subdivision shall not be construed to prevent a city,
county, or city and county from adopting or enforcing any local
ordinance governing zoning, business licensing, or reasonable health
and safety requirements for establishments or businesses of a healing
arts professional licensed under Division 2 (commencing with Section
500).
   (c) Nothing in this section shall prohibit any city, 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.