Amended in Senate June 24, 2013

Amended in Assembly May 24, 2013

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 Chávez, Dahle, Donnelly, Beth Gaines, begin insert Garcia, end insert Grove, Harkey, Olsen, begin delete and end delete Patterson begin insert , and V. Manuel  end insert begin insert Pérez end insert )

(Coauthors: Senators Fuller and Huff)

January 28, 2013

An act to begin delete amend end delete begin insert add end insert Section begin delete 115.5 of end delete begin insert 115.6 to end insert 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. 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.

begin insert

This bill would, in addition to the expedited licensure provisions described above, establish a temporary licensure process for an applicant who holds a current license in another jurisdiction, as specified, 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. 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.

end insert begin delete

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, except as provided. 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

end delete

begin insert This end insert 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. begin insert 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, upon request by a board, to furnish a full set of fingerprints for purposes of conducting the criminal background check. end insert

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. begin delete 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 delete

begin insert

This bill would authorize the immediate termination of any temporary license to practice medicine upon a finding that the temporary licenseholder failed to meet any of the requirements described above or provided substantively inaccurate information that would affect his or her eligibility for temporary licensure. The bill would, upon termination of the license, require the board to issue a notice of termination requiring the temporary licenseholder to immediately cease the practice of medicine upon receipt.

end insert begin insert

This bill would exclude from these provisions a board that has established a temporary licensing process before January 1, 2014.

end insert

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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 115.6 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 115.6. end insert   

(a) A board within the department shall, after
appropriate investigation, issue a temporary license to an applicant
if he or she meets the requirements set forth in subdivision (c). The
temporary license shall expire 12 months after issuance, upon
issuance of an expedited license pursuant to Section 115.5, or upon
denial of the application for expedited licensure by the board,
whichever occurs first.

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

(c) An applicant seeking a temporary license pursuant to this
section shall meet the following requirements:

(1) The applicant shall supply 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) The applicant shall hold 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 temporary license from the
board.

(3) The applicant shall submit an application to the board that
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.

(4) 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. A violation of this paragraph may be
grounds for the denial or revocation of a temporary license issued
by the board.

(5) 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.

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

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

(e) A temporary license issued pursuant to this section for the
practice of medicine may be immediately terminated upon a finding
that the temporary licenseholder failed to meet any of the
requirements described in subdivision (c) or provided substantively
inaccurate information that would affect his or her eligibility for
temporary licensure. Upon termination of the temporary license,
the board shall issue a notice of termination that shall require the
temporary licenseholder to immediately cease the practice of
medicine upon receipt.

(f) This section shall not apply to a board that has established
a temporary licensing process before January 1, 2014.

end insert

begin delete

SECTION 1.  

Section 115.5 of the Business and Professions
Code is amended to read:

115.5.  

(a) Except as provided in subdivision (d), 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.

(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.

(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.

(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.

(B) 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. A violation of this subparagraph may be
grounds for the denial or revocation of a temporary license issued
by the board.

(C) 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.

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

(c)

 
A board may adopt regulations necessary to administer this
section.

(d) This section shall not apply to a board that has established
a temporary licensing process before January 1, 2014.

end delete