Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 750


Introduced by Assembly Member Low

February 25, 2015


An act tobegin delete amendend deletebegin insert addend insert Sectionbegin delete 462 ofend deletebegin insert 463 toend insert the Business and Professions Code, relating to business and professions.

LEGISLATIVE COUNSEL’S DIGEST

AB 750, as amended, Low. Business and professions:begin insert retired category:end insert licenses.

Existing law provides for numerous boards, bureaus, commissions, or programs within the Department of Consumerbegin delete Affairs,end deletebegin insert Affairsend insert that administer the licensing and regulation of various businesses and professions. Existing law authorizes any of the boards, bureaus, commissions, or programs within the department, except as specified, to establish by regulation a system for an inactive category of license for persons who are not actively engaged in the practice of their profession or vocation. Under existing law, the holder of an inactive license is prohibited from engaging in any activity for which a license is required.begin insert Existing law defines “board” for these purposes to include, unless expressly provided otherwise, a bureau, commission, committee, department, division, examining committee, program, and agency.end insert

This bill would additionally authorize any of the boards, bureaus, commissions, or programs within thebegin delete department, except as specified,end deletebegin insert departmentend insert to establish by regulation a system for a retired category of license for persons who are not actively engaged in the practice of their profession or vocation, and would prohibit the holder of a retired license from engaging in any activity for which a license isbegin delete required.end deletebegin insert required, unless end insertbegin insertregulation specifies the criteria for a retired licensee to practice his or her profession. The bill would authorize a board upon its own determination, and would require a boardend insertbegin insert upon receipt of a complaint from any person, to investigate the actions of any licensee, including, among others, a person with a license that is retired or inactive.end insert

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 463 is added to the end insertbegin insertBusiness and
2Professions Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert463.end insert  

(a) Any of the boards, bureaus, commissions, or programs
4within the department may establish, by regulation, a system for
5a retired category of licensure for persons who are not actively
6engaged in the practice of their profession or vocation.

7(b) The regulation shall contain the following:

8(1) The holder of a retired license issued pursuant to this section
9shall not engage in any activity for which a license is required,
10unless the board, by regulation, specifies the criteria for a retired
11licensee to practice his or her profession or vocation.

12(2) The holder of a retired license shall not be required to renew
13that license.

14(3) In order for the holder of a retired license issued pursuant
15to this section to restore his or her license to an active status, the
16holder of that license shall meet all the following:

17(A) Pay a fee established by regulation.

18(B) Not have committed an act or crime constituting grounds
19for denial of licensure.

20(C) Comply with the fingerprint submission requirements
21established by regulation.

22(D) If the board requires completion of continuing education
23for renewal of an active license, complete continuing education
24equivalent to that required for renewal of an active license, unless
25a different requirement is specified by the board.

26(E) Complete any other requirements as specified by the board
27by regulation.

28(c) A board may upon its own determination, and shall upon
29receipt of a complaint from any person, investigate the actions of
30any licensee, including a person with a license that either restricts
P3    1or prohibits the practice of that person in his or her profession or
2vocation, including, but not limited to, a license that is retired,
3inactive, canceled, revoked, or suspended.

end insert
begin delete
4

SECTION 1.  

Section 462 of the Business and Professions Code
5 is amended to read:

6

462.  

(a) Any of the boards, bureaus, commissions, or programs
7within the department may establish, by regulation, a system for
8an inactive and a retired category of licensure for persons who are
9not actively engaged in the practice of their profession or vocation.

10(b) The regulation shall contain the following provisions:

11(1) The holder of an inactive or retired license issued pursuant
12to this section shall not engage in any activity for which a license
13is required.

14(2) An inactive license issued pursuant to this section shall be
15renewed during the same time period in which an active license
16is renewed. The holder of an inactive license need not comply with
17any continuing education requirement for renewal of an active
18license.

19(3) The renewal fee for a license in an active status shall apply
20also for a renewal of a license in an inactive status, unless a lesser
21renewal fee is specified by the board.

22(4) In order for the holder of an inactive license issued pursuant
23to this section to restore his or her license to an active status, the
24holder of an inactive license shall comply with all the following:

25(A) Pay the renewal fee.

26(B) If the board requires completion of continuing education
27for renewal of an active license, complete continuing education
28equivalent to that required for renewal of an active license, unless
29a different requirement is specified by the board.

30(c) This section shall not apply to any healing arts board as
31specified in Section 701.

end delete


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