AB 2859, as amended, 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 thebegin delete boards, bureaus, commissions, or programsend deletebegin insert boardsend insert 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 orbegin delete vocation, andend deletebegin insert vocation. The bill would require that regulation to include specified provisions, including that a retired license be issued to a person with either an active license or an inactive license that was not placed on inactive status for disciplinary reasons. The bill alsoend insert 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.begin insert The bill would not apply to a board that has other statutory authorityend insertbegin insert to establish a retired license.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:
Section 463 is added to the Business and
2Professions Code, to read:
(a) Any of thebegin delete boards, bureaus, commissions, or programsend delete
4begin insert boardsend insert within the department may establish, by regulation, a
5system for a retired category of licensure for persons who are not
6actively engaged in the practice of their profession or vocation.
7(b) The regulation shall contain the following:
begin insert
8
(1) A retired license shall be
issued to a person with either an
9active license or an inactive license that was not placed on inactive
10status for disciplinary reasons.
8 11(1)
end delete
12begin insert(2)end insert The holder of a retired license issued pursuant to this section
13shall not engage in any activity for which a license is required,
14unless the board, by regulation, specifies the criteria for a retired
15licensee to practice his or her profession or vocation.
12 16(2)
end delete
17begin insert(3)end insert The holder of a retired license shall not be required to renew
18that license.
14 19(3)
end delete
20begin insert(4)end insert In order for the holder of a retired license issued pursuant
21to this section to restore his or her license to an active status, the
22holder of that license shall meet all the following:
23(A) Pay a fee established by statute or regulation.
P3 1(B) Certify, in a manner satisfactory to the board, that he or she
2has not committed an act or crime constituting grounds for denial
3of licensure.
4(C) Comply with the fingerprint submission requirements
5established by regulation.
6(D) If the board requires completion of continuing education
7for renewal of an active license, complete continuing education
8equivalent to that required for renewal of an active license, unless
9a different requirement is specified by the board.
10(E) Complete any other requirements as specified by the board
11by regulation.
12(c) A board may upon its own determination, and shall upon
13receipt of a complaint from any person, investigate the actions of
14any licensee, including a person with a license that either restricts
15or prohibits the practice of that person in his or her profession or
16vocation, including, but not limited to, a license that is retired,
17inactive, canceled, revoked, or suspended.
18
(d) Subdivisions (a) and (b) shall not apply to a board that has
19other statutory authority to establish a retired license.
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