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. Existing law requires that the licensing fees imposed by certain boards within the department be deposited in funds that are continuously appropriated. 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.
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 requirementsbegin insert, except as providedend insert. 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.
This bill would prohibit a temporary 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 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 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. 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.
Because the bill would authorize the expenditure of continuously appropriated funds for a new purpose, the bill would make an appropriation.
Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 115.5 of the Business and Professions
2Code is amended to read:
(a) begin deleteA end deletebegin insertExcept as provided in subdivision (d), a end insertboard
4within the department shall expedite the licensure process for an
5applicant who meets both of the following requirements:
6(1) Supplies evidence satisfactory to the board that the applicant
7is married to, or in a domestic partnership or other legal union
8with, an active duty member of the Armed Forces of the United
9States who is assigned to a duty station in this state under official
10active duty military orders.
11(2) Holds a current license in another state,
district, or territory
12of the United States in the profession or vocation for which he or
13she seeks a license from the board.
14(b) (1) A board shall, after appropriate investigation, issue a
15temporary license to an applicant who is eligible for, and requests,
16expedited licensure pursuant to subdivision (a) if the applicant
17meets the requirements described in paragraph (3). The temporary
18license shall expire 12 months after issuance, upon issuance of the
19expedited license, or upon denial of the application for expedited
20licensure by the board, whichever occurs first.
21(2) The board may conduct an investigation of an applicant for
22purposes of denying or revoking a temporary license issued
23pursuant to this subdivision. This investigation may include a
24criminal background check.
25(3) (A) An applicant seeking a temporary license issued
26pursuant to this subdivision shall submit an application to the board
27which shall include a signed affidavit attesting to the fact that he
28or she meets all of the requirements for the temporary license and
29that the information submitted in the application is accurate, to the
30best of his or her knowledge. The application shall also include
31written verification from the applicant’s original licensing
32jurisdiction stating that the applicant’s license is in good standing
33in that jurisdiction.
34(B) The applicant shall not have committed an act in any
35jurisdiction that would have constituted grounds for denial,
36suspension, or revocation of the license under this code at the time
37the act was committed. A violation of this subparagraph may be
P4 1grounds for the denial or revocation of a temporary license issued
2by the board.
3(C) The applicant shall not have been disciplined by a licensing
4entity in another jurisdiction and shall not be the subject of an
5unresolved complaint, review procedure, or disciplinary proceeding
6conducted by a licensing entity in another jurisdiction.
7(D) The applicant shall, upon request by a board, furnish a full
8set of fingerprints for purposes of conducting a criminal
9background check.
10(c) A board may adopt regulations necessary to administer this
11section.
12(d) This section shall not apply to a board that has established
13a temporary licensing process before January 1, 2014.
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