BILL NUMBER: AB 623 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 4, 2009
AMENDED IN SENATE SEPTEMBER 2, 2009
AMENDED IN SENATE JULY 15, 2009
AMENDED IN SENATE JULY 8, 2009
AMENDED IN SENATE JUNE 30, 2009
AMENDED IN ASSEMBLY MAY 11, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Emmerson
(Coauthor: Assembly Member Jones)
FEBRUARY 25, 2009
An act to amend Section 5600 of, and to add Section 5600.05 to,
the Business and Professions Code, relating to architects.
LEGISLATIVE COUNSEL'S DIGEST
AB 623, as amended, Emmerson. Architects: continuing education.
Existing law provides for the licensure and regulation of persons
engaged in the practice of architecture by the California Architects
Board. Existing law requires a person licensed to practice
architecture to complete, as a condition of license renewal,
coursework regarding disability access requirements, as specified, to
certify that completion, and to provide specified documentation to
the board.
This bill would authorize the board to audit the records of a
licensee, would, until January 1, 2015, require the board to audit at
least 3% of the license renewals received each year, to verify
completion of the coursework, and would, on and after
commencing with the 2-year license renewal cycle
beginning January 1, 2013, require a licensee to provide the
specified documentation only upon that audit. The bill would exempt a
licensee from these coursework requirements for the licensee's first
license renewal in certain circumstances. A license that violates
these provisions would be subject to a specified civil penalties. The
bill would require the board to submit, on or before January 1,
2019, a report letter to the
Legislature relating to these requirements.
The bill would also authorize the board to require a licensee, as
a condition of license renewal, to certify to the board that he or
she has completed continuing education in, or relevant to, the
practice of architecture in subjects relating to health, safety, and
welfare. If the board imposes that requirement, the bill would
require the board to adopt regulations establishing requirements
relating to continuing education, authorize the board to audit the
records of a licensee to verify completion of any continuing
education requirements, and require an applicant for license renewal
to verify completion of the requisite continuing education hours, as
specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5600 of the Business and Professions Code is
amended to read:
5600. (a) All licenses issued or renewed under this chapter shall
expire at 12 midnight on the last day of the birth month of the
licenseholder in each odd-numbered year following the issuance or
renewal of the license.
(b) To renew an unexpired license, the licenseholder shall, before
the time at which the license would otherwise expire, apply for
renewal on a form prescribed by the board and pay the renewal fee
prescribed by this chapter.
(c) The renewal form shall include a statement specifying whether
the licensee was convicted of a crime or disciplined by another
public agency during the preceding renewal period and that the
licensee's representations on the renewal form are true, correct, and
contain no material omissions of fact, to the best knowledge and
belief of the licensee.
SEC. 2. Section 5600.05 is added to the Business and Professions
Code, to read:
5600.05. (a) (1) As a condition of license renewal, a licensee
shall have completed coursework regarding disability access
requirements pursuant to paragraphs (2) and (3). A licensee shall
certify to the board, as a part of the license renewal process, that
he or she has completed the required coursework prior to approval of
his or her license renewal and shall, until December 31,
2012 the conclusion of the license renewal cycle
beginning January 1, 2011 , provide documentation to the board
from the course provider that shall include the course title,
subjects covered, name of provider and trainer or educator, date of
completion, number of hours completed, and a statement about the
trainer or educator's knowledge and experience background.
On and after Commencing with the license renewal cycle
beginning January 1, 2013, a licensee shall, upon a board
audit, provide the documentation from the course provider to the
board. A licensee who fails to complete the required coursework or
provides false or misleading statements as it relates specifically to
the requirements of this paragraph shall be subject to a civil
penalty imposed by the board not to exceed five thousand dollars
($5,000), or license suspension or revocation, or by both civil
penalty and license suspension or revocation.
(2) (A) For licenses renewed on and after July 1, 2009, and before
January 1, 2010, a licensee shall have completed one hour of
coursework.
(B) For licenses renewed on and after January 1, 2010, and before
January 1, 2011, a licensee shall have completed two and one-half
hours of coursework.
(C) For licenses renewed on and after January 1, 2011, a licensee
shall have completed five hours of coursework within the previous two
years.
(3) Coursework regarding disability access requirements shall
include information and practical guidance concerning requirements
imposed by the Americans with Disabilities Act of 1990 (Public Law
101-336; 42 U.S.C. Sec. 12101 et seq.), state laws that govern access
to public facilities, and federal and state regulations adopted
pursuant to those laws. Coursework provided pursuant to this
paragraph shall be presented by trainers or educators with knowledge
and expertise in these requirements.
(4) The board may audit the records of a licensee to verify the
completion of the coursework requirements of this subdivision. A
licensee shall maintain records of completion of the required
coursework, containing the information specified in paragraph (1),
for two years from the date of license renewal and shall make those
records available to the board for auditing upon request.
(5) Until January 1, 2015, the board shall audit at least 3
percent of the license renewals received each year to verify the
completion of the continuing education requirements of this
subdivision.
(6) A Commencing with the
license renewal cycle beginning January 1, 2013, a licensee
shall be exempt from the coursework requirements set forth in this
subdivision for his or her first license renewal if his or her
initial license is issued after January 1, 2010
2012 , and is renewed within one year of that initial
issuance date.
(7) On or before January 1, 2019, the board shall submit a
report letter to the Legislature on the
disability access continuing education provisions required under
this subdivision, including the level of licensee compliance with the
requirements, any actions taken by the board for noncompliance with
the requirements, the findings of board audits, and any
recommendations of the board for improving the process.
(b) (1) If the board determines, based upon empirical evidence,
that the public health, safety, and welfare would be served by
requiring all architects issued a license under this chapter to
complete continuing education, it may require as a condition of
license renewal that the licensee certifies to the board, on a form
prescribed by the board, that he or she has completed continuing
education in, or relevant to, the practice of architecture in
subjects relating to health, safety, and welfare during the preceding
two years, as determined by the board. The coursework in disability
access requirements specified by subdivision (a) shall be applied to
the continuing education hours prescribed by the board.
(2) If the board requires continuing education pursuant to
paragraph (1), the board shall first, by regulation, prescribe
requirements relating to continuing education, including, but not
limited to, the required courses and number of hours.
(3) The board may audit the records of a licensee to verify the
completion of any continuing education requirements of this
subdivision. A licensee shall maintain records of completion of
required continuing education coursework for a minimum of two years
from the date of license renewal and shall make those records
available to the board for auditing upon request.
(c) If the board adopts a continuing education requirement for
license renewal as authorized by subdivision (b), an applicant for
license renewal shall separately certify on a form prescribed by the
board that the applicant has completed the requisite hours of
continuing education required by subdivision (b) as a condition of
license renewal, and that the requisite hours of continuing education
included at least five hours of disability access continuing
education as required by subdivision (a).
SEC. 3. It is the intent of the Legislature in enacting this act
that any continuing education requirement adopted pursuant to
subdivision (b) of Section 5600.05 of the Business and Professions
Code shall not conflict with, supplant, or reduce the hours of
disability access continuing education required by Section 5600 of
the Business and Professions Code as it existed prior to the
enactment of this act.