BILL NUMBER: AB 623 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 10, 2009
PASSED THE ASSEMBLY SEPTEMBER 11, 2009
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, 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, and, 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, 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 licensee
who violates these provisions would be subject to a specified civil
penalty. The bill would require the board to submit, on or before
January 1, 2019, a 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.
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 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. 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) 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, 2012, and is
renewed within one year of that initial issuance date.
(7) On or before January 1, 2019, the board shall submit a 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.