Amended in Assembly April 22, 2013

Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 186

Introduced by Assembly Member Maienschein

(Principal coauthor: Assembly Member Hagman)

(Coauthors: Assembly Members begin insert Chávez, end insert Dahle, Donnelly, Beth Gaines, begin insert Grove, end insert Harkey, Olsen, and Patterson)

(Coauthors: Senators Fuller and Huff)

January 28, 2013

An act to amend Section 115.5 of the Business and Professions Code, relating to professions and vocations, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 186, as amended, Maienschein. Professions and vocations: military spouses: temporary licenses.

Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law provides for the issuance of reciprocal licenses in certain fields where the applicant, among other requirements, has a license to practice within that field in another jurisdiction, as specified. begin insert Existing law requires that the licensing fees imposed by certain boards within the department be deposited in funds that are continuously appropriated. end insert Existing law requires a board within the department to expedite the licensure process for an applicant who holds a current license in another jurisdiction in the same profession or vocation and who supplies satisfactory evidence of being married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in California under official active duty military orders.

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This bill would authorize a board within the department to issue a provisional license to an applicant who qualifies for an expedited license pursuant to the above-described provision. The

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This bill would require a board within the department to issue a temporary license to an applicant who qualifies for, and requests, expedited licensure pursuant to the above-described provision if he or she meets specified requirements. The bill would require the temporary license to expire 12 months after issuance, upon issuance of the expedited license, or upon denial of the application for expedited licensure by the board, whichever occurs first. The bill would authorize a board to conduct an investigation of an applicant for purposes of denying or revoking a temporary license, and would authorize a criminal background check as part of that investigation. The bill would require an applicant seeking a temporary license to submit an application to the board that includes a signed affidavit attesting to the fact that he or she meets all of the requirements for the temporary license and that the information submitted in the application is accurate, as specified. The bill would also require the application to include written verification from the applicant’s original licensing jurisdiction stating that the applicant’s license is in good standing.

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begin insert This end insert bill would prohibit a begin delete provisional end delete begin insert temporary end insert license from being provided to any applicant who has committed an act in any jurisdiction that would have constituted grounds for denial, suspension, or revocation of the license at the time the act was begin delete committed, or end delete begin insert committed. The bill would provide that a violation of the above-described provision may be grounds for the denial or revocation of a temporary license. The bill would further prohibit a temporary license from being provided to any applicant who end insert has been disciplined by a licensing entity in another jurisdiction, or is the subject of an unresolved complaint, review procedure, or disciplinary proceeding conducted by a licensing entity in another jurisdiction. begin delete The bill would require the board to approve a provisional license based on an application that includes an affidavit that the information submitted in the application is accurate and that verification documentation from the other jurisdiction has been requested. The bill would require the provisional license to expire after 18 months or at the issuance of the expedited license. end delete begin insert The bill would require an applicant, upon request by a board, to furnish a full set of fingerprints for purposes of conducting a criminal background check. end insert

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By creating provisional licenses for which a fee may be collected and deposited into a continuously appropriated fund, this bill would make an appropriation.

end delete begin insert

Because the bill would authorize the expenditure of continuously appropriated funds for a new purpose, the bill would make an appropriation.

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Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

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:

(1) Supplies evidence satisfactory to the board that the applicant
is married to, or in a domestic partnership or other legal union
with, an active duty member of the Armed Forces of the United
States who is assigned to a duty station in this state under official
active duty military orders.

(2) Holds a current license in another state, district, or territory
of the United States in the profession or vocation for which he or
she seeks a license from the board.

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(b) (1) For each applicant who is eligible for an expedited
license pursuant to subdivision (a) and meets the requirements in
paragraph (2), the board shall provide a provisional license while
the board processes the application for licensure. The board shall
approve a provisional license based on an application that includes
an affidavit that the information submitted in the application is
accurate and that verification documentation from the other
jurisdiction has been requested. The provisional license shall expire
18 months after issuance or upon issuance of the expedited license.

end delete begin insert

(b) (1) A board shall, after appropriate investigation, issue a
temporary license to an applicant who is eligible for, and requests,
expedited licensure pursuant to subdivision (a) if the applicant
meets the requirements described in paragraph (3). The temporary
license shall expire 12 months after issuance, upon issuance of
the expedited license, or upon denial of the application for
expedited licensure by the board, whichever occurs first.

end insert begin insert

(2) The board may conduct an investigation of an applicant for
purposes of denying or revoking a temporary license issued
pursuant to this subdivision. This investigation may include a
criminal background check.

end insert begin insert

(3) (A) An applicant seeking a temporary license issued
pursuant to this subdivision shall submit an application to the
board which shall include a signed affidavit attesting to the fact
that he or she meets all of the requirements for the temporary
license and that the information submitted in the application is
accurate, to the best of his or her knowledge. The application shall
also include written verification from the applicant’s original
licensing jurisdiction stating that the applicant’s license is in good
standing in that jurisdiction.

end insert begin delete

(2) (A) 

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begin insert (B) end insert begin insert   end insert The applicant shall not have committed an act in any
jurisdiction that would have constituted grounds for denial,
suspension, or revocation of the license under this code at the time
the act was committed. begin insert A violation of this subparagraph may be
grounds for the denial or revocation of a temporary license issued
by the board. end insert

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(B)

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begin insert (C) end insert  The applicant shall not have been disciplined by a licensing
entity in another jurisdiction and shall not be the subject of an
unresolved complaint, review procedure, or disciplinary proceeding
conducted by a licensing entity in another jurisdiction.

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(D) The applicant shall, upon request by a board, furnish a full
set of fingerprints for purposes of conducting a criminal
background check.

end insert

(c) A board may adopt regulations necessary to administer this
section.