Amended in Senate August 20, 2014

Amended in Senate June 25, 2014

Amended in Senate May 29, 2014

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 BillNo. 186


Introduced by Assembly Member Maienschein

(Principal coauthor: Assembly Member Hagman)

(Coauthors: Assembly Members Chávez, Dahle, Donnelly, Beth Gaines, Garcia, Gorell, Grove, Harkey, Olsen, Patterson, and V. Manuel Pérez)

(Coauthors: Senators Fuller and Huff)

January 28, 2013


An act to add Section 115.6 to 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.

This bill would, in addition to the expedited licensure provisions described above, establish a temporary licensure processbegin insert for specified licensed professionsend insert for an applicant who holds a current, active, and unrestricted 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 a temporary licensebegin insert issued pursuant to these provisionsend insert to expire 12 months after issuance, upon issuance of an expedited license, or upon denial of the application for expedited licensure by the board, whichever occurs first.

This bill wouldbegin insert alsoend insert require an applicant seeking a temporary license as a civil engineer, geotechnical engineer, structural engineer, land surveyor, professional geologist, professional geophysicist, certified engineering geologist, or certified hydrogeologist to successfully pass the appropriate California-specific examination or examinations required for licensure in those respective professions by the Board for Professional Engineers, Land Surveyors, and Geologists.begin delete The bill would also authorize a board to require an applicant to successfully pass an examination in jurisprudence or California law and ethics for the issuance of a temporary license if successfully passing the examination is a requirement for all applicants for full licensure.end delete

begin delete

This bill would exclude the California Architects Board, the Landscape Architects Technical Committee, the Contractors’ State License Board, the State Board of Chiropractic Examiners, and a board that established a temporary licensing process before January 1, 2014, from these provisions.

end delete

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:

P3    1

SECTION 1.  

Section 115.6 is added to the Business and
2Professions Code
, to read:

3

115.6.  

(a) A board within the department shall, after
4appropriate investigation, issuebegin delete aend deletebegin insert the following eligibleend insert temporary
5begin delete licenseend deletebegin insert licensesend insert to an applicant if he or she meets the requirements
6set forth in subdivisionbegin delete (c). The temporary license shall expire 12
7months after issuance, upon issuance of an expedited license
8pursuant to Section 115.5, or upon denial of the application for
9expedited licensure by the board, whichever occurs first.end delete
begin insert (c):end insert

begin insert

10(1) Registered nurse license by the Board of Registered Nursing.

end insert
begin insert

11(2) Vocational nurse license issued by the Board of Vocational
12Nursing and Psychiatric Technicians of the State of California.

end insert
begin insert

13(3) Psychiatric technician license issued by the Board of
14Vocational Nursing and Psychiatric Technicians of the State of
15California.

end insert
begin insert

16(4) Speech-language pathologist license issued by the
17Speech-Language Pathology and Audiology and Hearing Aid
18Dispensers Board.

end insert
begin insert

19(5) Audiologist license issued by the Speech-Language
20Pathology and Audiology and Hearing Aid Dispensers Board.

end insert
begin insert

21(6) Veterinarian license issued by the Veterinary Medical Board.

end insert
begin insert

22(7) All licenses issued by the Board for Professional Engineers,
23Land Surveyors, and Geologists.

end insert
begin insert

24(8) All licenses issued by the Medical Board of California.

end insert

25(b) The board may conduct an investigation of an applicant for
26purposes of denying or revoking a temporary license issued
27pursuant to this section. This investigation may include a criminal
28background check.

29(c) An applicant seeking a temporary license pursuant to this
30section shall meet the following requirements:

31(1) The applicant shall supply evidence satisfactory to the board
32that the applicant is married to, or in a domestic partnership or
P4    1other legal union with, an active duty member of the Armed Forces
2of the United States who is assigned to a duty station in this state
3under official active duty military orders.

4(2) The applicant shall hold a current, active, and unrestricted
5license that confers upon him or her the authority to practice, in
6another state, district, or territory of the United States, the
7profession or vocation for which he or she seeks a temporary
8license from the board.

9(3) The applicant shall submit an application to the board that
10shall include a signed affidavit attesting to the fact that he or she
11meets all of the requirements for the temporary license and that
12the information submitted in the application is accurate, to the best
13of his or her knowledge. The application shall also include written
14verification from the applicant’s original licensing jurisdiction
15stating that the applicant’s license is in good standing in that
16jurisdiction.

17(4) The applicant shall not have committed an act in any
18jurisdiction that would have constituted grounds for denial,
19 suspension, or revocation of the license under this code at the time
20the act was committed. A violation of this paragraph may be
21grounds for the denial or revocation of a temporary license issued
22by the board.

23(5) The applicant shall not have been disciplined by a licensing
24entity in another jurisdiction and shall not be the subject of an
25unresolved complaint, review procedure, or disciplinary proceeding
26conducted by a licensing entity in another jurisdiction.

27(6) The applicant shall, upon request by a board, furnish a full
28set of fingerprints for purposes of conducting a criminal
29background check.

30(d) A board may adopt regulations necessary to administer this
31section.

32(e) A temporary license issued pursuant to this sectionbegin delete for the
33practice of medicineend delete
may be immediately terminated upon a finding
34that the temporary licenseholder failed to meet any of the
35requirements described in subdivision (c) or provided substantively
36inaccurate information that would affect his or her eligibility for
37temporary licensure. Upon termination of the temporary license,
38the board shall issue a notice of termination that shall require the
39temporary licenseholder to immediately cease the practice of
40begin delete medicineend deletebegin insert the licensed professionend insert upon receipt.

P5    1(f) An applicant seeking a temporary license as a civil engineer,
2geotechnical engineer, structural engineer, land surveyor,
3professional geologist, professional geophysicist, certified
4engineering geologist, or certified hydrogeologist pursuant to this
5section shall successfully pass the appropriate California-specific
6examination or examinations required for licensure in those
7respective professions by the Board for Professional Engineers,
8Land Surveyors, and Geologists.

begin delete

9(g) A board within the department may require an applicant to
10successfully pass an examination in jurisprudence or California
11law and ethics for the issuance of a temporary license pursuant to
12this section if successfully passing the examination is a requirement
13for all applicants for full licensure.

14(h) This section shall not apply to the California Architects
15Board, the Landscape Architects Technical Committee, the
16Contractors’ State License Board, or the State Board of
17Chiropractic Examiners.

18(i) This section shall not apply to a board that established a
19temporary licensing process before January 1, 2014.

end delete
begin insert

20(g) A temporary license issued pursuant to this section shall
21expire 12 months after issuance, upon issuance of an expedited
22license pursuant to Section 115.5, or upon denial of the application
23for expedited licensure by the board, whichever occurs first.

end insert


O

    92