California Legislature—2015–16 Regular Session

Assembly BillNo. 2859


Introduced by Assembly Member Low

February 19, 2016


An act to add Section 463 to the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL’S DIGEST

AB 2859, as introduced, Low. Professions and vocations: retired category: licenses.

Existing law provides for numerous boards, bureaus, commissions, or programs within the Department of Consumer Affairs 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. Existing law defines “board” for these purposes to include, unless expressly provided otherwise, a bureau, commission, committee, department, division, examining committee, program, and agency.

This bill would additionally authorize any of the boards, bureaus, commissions, or programs within the department 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 is required, unless regulation 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 board 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.

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

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

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SECTION 1.  

Section 463 is added to the Business and
2Professions Code
, to read:

3

463.  

(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 statute or regulation.

18(B) Certify, in a manner satisfactory to the board, that he or she
19has not committed an act or crime constituting grounds for denial
20of licensure.

21(C) Comply with the fingerprint submission requirements
22established by regulation.

23(D) If the board requires completion of continuing education
24for renewal of an active license, complete continuing education
25equivalent to that required for renewal of an active license, unless
26a different requirement is specified by the board.

27(E) Complete any other requirements as specified by the board
28by regulation.

29(c) A board may upon its own determination, and shall upon
30receipt of a complaint from any person, investigate the actions of
31any 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.



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