AB 186, as amended, Maienschein. Professions and vocations: military spouses: temporary licenses.
Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law provides for the issuance of reciprocal licenses in certain fields where the applicant, among other requirements, has a license to practice within that field in another jurisdiction, as specified. Existing law requires that the licensing fees imposed by certain boards within the department be deposited in funds that are continuously appropriated. Existing law requires a board within the department to expedite the licensure process for an applicant who holds a current license in another jurisdiction in the same profession or vocation and who supplies satisfactory evidence of being married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in California under official active duty military orders.
This bill would, in addition to the expedited licensure provisions described above, establish a temporary licensure process for an applicant who holds abegin delete currentend deletebegin insert current, active, and unrestrictedend insert license in another jurisdiction, as specified, and who supplies satisfactory evidence of being married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in California under official active duty military orders. The bill would require a temporary license to expire 12 months after issuance, upon issuance of an expedited license, or upon denial of the application for expedited licensure by the board, whichever occurs
first.
This bill would require an applicant seeking a temporary license as a civil engineer, geotechnical engineer, structural engineer, land surveyor, professional geologist, professional geophysicist, certified engineering geologist, or certified hydrogeologist to successfully pass the appropriate California specific examination or examinations required for licensure in those respective professions by the Board for Professional Engineers, Land Surveyors, and Geologists. The bill would also authorize a board to require an applicant to successfully pass an examination in jurisprudence or California law and ethics for the issuance of a temporary license if successfully passing the examination is a requirement for all applicants for full licensure.
This bill would exclude the California Architects Board,begin insert the Landscape Architects Technical
Committee, the Contractors’ State License Board,end insert the State Board of Chiropractic Examiners,begin delete orend deletebegin insert andend insert a board that established a temporary licensing process before January 1, 2014, from these provisions.
Because the bill would authorize the expenditure of continuously appropriated funds for a new purpose, the bill would make an appropriation.
Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 115.6 is added to the Business and
2Professions Code, to read:
(a) A board within the department shall, after
4appropriate investigation, issue a temporary license to an applicant
5if he or she meets the requirements set forth in subdivision (c).
6The temporary license shall expire 12 months after issuance, upon
7issuance of an expedited license pursuant to Section 115.5, or upon
8denial of the application for expedited licensure by the board,
9whichever occurs first.
10(b) The board may conduct an investigation of an applicant for
11purposes of denying or revoking a temporary license issued
12pursuant to this section. This investigation may include a criminal
13background check.
14(c) An applicant seeking a temporary license pursuant to this
15section shall
meet the following requirements:
16(1) The applicant shall supply evidence satisfactory to the board
17that the applicant is married to, or in a domestic partnership or
18other legal union with, an active duty member of the Armed Forces
19of the United States who is assigned to a duty station in this state
20under official active duty military orders.
21(2) The applicant shall hold abegin delete current licenseend deletebegin insert current, active,
22and unrestricted license that confers upon him or her the authority
23to practice,end insert in another state, district, or territory of the United
24begin delete States inend deletebegin insert
States,end insert the profession or vocation for which he or she
25seeks a temporary license from the board.
26(3) The applicant shall submit an application to the board that
27shall include a signed affidavit attesting to the fact that he or she
28meets all of the requirements for the temporary license and that
29the information submitted in the application is accurate, to the best
30of his or her knowledge. The application shall also include written
31verification from the applicant’s original licensing jurisdiction
32stating that the applicant’s license is in good standing in that
33jurisdiction.
34(4) The applicant shall not have committed an act in any
35jurisdiction that would have constituted grounds for denial,
P4 1suspension, or revocation of the license under this code at the time
2the act was committed. A violation of this paragraph may be
3grounds for the denial or
revocation of a temporary license issued
4by the board.
5(5) The applicant shall not have been disciplined by a licensing
6entity in another jurisdiction and shall not be the subject of an
7unresolved complaint, review procedure, or disciplinary proceeding
8conducted by a licensing entity in another jurisdiction.
9(6) The applicant shall, upon request by a board, furnish a full
10set of fingerprints for purposes of conducting a criminal
11background check.
12(d) A board may adopt regulations necessary to administer this
13section.
14(e) A temporary license issued pursuant to this section for the
15practice of medicine may be immediately terminated upon a finding
16that the temporary licenseholder failed to meet any of the
17requirements described in subdivision (c) or
provided substantively
18inaccurate information that would affect his or her eligibility for
19temporary licensure. Upon termination of the temporary license,
20the board shall issue a notice of termination that shall require the
21temporary licenseholder to immediately cease the practice of
22medicine upon receipt.
23(f) An applicant seeking a temporary license as a civil engineer,
24geotechnical engineer, structural engineer, land surveyor,
25professional geologist, professional geophysicist, certified
26engineering geologist, or certified hydrogeologist pursuant to this
27section shall successfully pass the appropriate California-specific
28examination or examinations required for licensure in those
29respective professions by the Board for Professional Engineers,
30Land Surveyors, and Geologists.
31(g) A board within the department may require an applicant to
32successfully pass an examination in
jurisprudence or California
33law and ethics for the issuance of a temporary license pursuant to
34this section if successfully passing the examination is a requirement
35for all applicants for full licensure.
36(h) This section shall not apply to the California Architects
37begin delete Boardend deletebegin insert Board, the Landscape Architects Technical Committee, the
38Contractorsend insertbegin insert’ State License Board,end insert
or the State Board of
39Chiropractic Examiners.
P5 1(i) This section shall not apply to a board that established a
2temporary licensing process before January 1, 2014.
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