Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1758

Introduced by Assembly Member Patterson

February 14, 2014

An act to amend begin delete Section 1935 end delete begin insert Sections 1715, 1935, 2423, 2456.1, end insert begin insert 2535, 2570.10, 2644, 2982, 3523, 4900, 4965, and 5600 end insert of the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

AB 1758, as amended, Patterson. Healing arts: begin delete dental hygienists. end delete begin insert license renewal fees. end insert

begin insert

Existing law provides for the regulation and licensure of various professions and vocations. Existing law requires that licenses issued to certain licensees, including, among others, architects, acupuncturists, dental auxiliaries, dental hygienists, dentists, occupational therapists, physical therapists, physicians and surgeons, psychologists, speech-language pathologists, and veterinarians, expire at 12 midnight on either the last day of the birth month of the licensee or at 12 midnight of the legal birth date of the licensee during the second year of a two-year term if not renewed.

end insert begin insert

This bill would provide that the fee imposed for the first renewal of a license issued pursuant to these provisions shall be prorated on a monthly basis.

end insert begin delete

Existing law, the Dental Practice Act, provides for the licensure and regulation of registered dental hygienists, registered dental hygienists in alternative practice, and registered dental hygienists in extended functions. Under existing law, a license issued to a dental hygienist expires, if not renewed or specifically excepted, at 12 midnight on the last day of the month of the legal birth date of the licensee during the 2nd year of a 2-year term.

end delete

This bill would instead provide that a license issued to a dental hygienist expires, if not renewed or specifically excepted, 2 years after the date the license was issued or last renewed.

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1715 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

1715.  

begin insert (a) end insert begin insert   end insert Licenses issued begin delete under the provisions of end delete begin insert pursuant to end insert
this chapter, unless specifically excepted, expire at 12 midnight
on the legal birth date of a licentiate of the board during the second
year of a two-year term if not renewed.

begin insert (b) end insert begin insert   end insert The board shall establish procedures for the administration
of the birth date renewal program, including, but not limited to,
the establishment of a pro rata formula for the payment of fees by
licentiates affected by the implementation of begin delete such end delete begin insert the end insert program
and the establishment of a system of staggered license expiration
dates begin delete such end delete begin insert to ensure end insert that a relatively equal number of licenses
expire annually.

begin insert

(c) The fee imposed for the first renewal of a license issued
pursuant to this chapter shall be prorated on a monthly basis.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1935 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

1935.  

If not renewed, a license issued under the provisions of
this article, unless specifically excepted, expires at 12 midnight
on the last day of the month of the legal birth date of the licensee
during the second year of a two-year term. To renew an unexpired
license, the licensee shall, before the time at which the license
would otherwise expire, apply for renewal on a form prescribed
by the committee and pay the renewal fee prescribed by this article.
begin insert The fee imposed for the first renewal of the license shall be
prorated on a monthly basis. end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 2423 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

2423.  

(a) Notwithstanding Section 2422:

(1) All physician and surgeon’s certificates, certificates to
practice podiatric medicine, registrations of spectacle lens
dispensers and contact lens dispensers, and certificates to practice
midwifery shall expire at 12 midnight on the last day of the birth
month of the licensee during the second year of a two-year term
if not renewed.

(2) Registrations of dispensing opticians will expire at midnight
on the last day of the month in which the license was issued during
the second year of a two-year term if not renewed.

(b) The Division of Licensing shall establish by regulation
procedures for the administration of a birth date renewal program,
including, but not limited to, the establishment of a system of
staggered license expiration dates such that a relatively equal
number of licenses expire monthly.

(c) To renew an unexpired license, the licensee shall, on or
before the dates on which it would otherwise expire, apply for
renewal on a form prescribed by the licensing authority and pay
the prescribed renewal fee. begin insert The fee imposed for the first renewal
of the license shall be prorated on a monthly basis. end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 2456.1 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2456.1.  

begin insert (a) end insert begin insert   end insert All osteopathic physician’s and surgeon’s
certificates shall expire at 12 midnight on the last day of the birth
month of the licensee during the second year of a two-year term
if not renewed on or before that day.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert board shall establish by regulation procedures for the
administration of a birth date renewal program, including, but not
limited to, the establishment of a system of staggered license
expiration dates such that a relatively equal number of licenses
expire monthly.

begin delete

To

end delete

begin insert (c) end insert begin insert   end insert begin insert To end insert renew an unexpired license, the licensee shall, on or
before the dates on which it would otherwise expire, apply for
renewal on a form prescribed by the board and pay the prescribed
renewal fee. begin insert The fee imposed for the first renewal of the license
shall be prorated on a monthly basis. end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 2535 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

2535.  

(a) All licenses issued as of January 1, 1992, shall expire
at 12 a.m. of the last begin delete date end delete begin insert day end insert of the birth month of the licensee
during the second year of a two-year term if not renewed.

(b) All licenses issued under this chapter, except those licenses
issued pursuant to subdivision (a), shall expire at 12 a.m. of the
last begin delete date end delete begin insert day end insert of the birth month of the licensee during the second
year of a two-year term, if not renewed.

(c) To renew an unexpired license, the licensee shall, on or
before the date of expiration of the license, apply for renewal on
a form provided by the board, accompanied by the prescribed
renewal fee. begin insert The fee imposed for the first renewal of the license
shall be prorated on a monthly basis. end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 2570.10 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2570.10.  

(a) Any license issued under this chapter shall be
subject to renewal as prescribed by the board and shall expire
unless renewed in that manner. The board may provide for the late
renewal of a license as provided for in Section 163.5. begin insert The fee
imposed for the first renewal of the license shall be prorated on a
monthly basis. end insert

(b) In addition to any other qualifications and requirements for
licensure renewal, the board may by rule establish and require the
satisfactory completion of continuing competency requirements
as a condition of renewal of a license.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 2644 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

2644.  

(a) Every license issued under this chapter shall expire
at 12 a.m. on the last day of the birth month of the licensee during
the second year of a two-year term, if not renewed.

(b) To renew an unexpired license, the licensee shall, on or
before the date on which it would otherwise expire, apply for
renewal on a form prescribed by the board, pay the prescribed
renewal fee, and submit proof of the completion of continuing
competency required by the board pursuant to Section 2649. The
licensee shall disclose on his or her license renewal application
any misdemeanor or other criminal offense for which he or she
has been found guilty or to which he or she has pleaded guilty or
no contest. begin insert The fee imposed for the first renewal of the license
shall be prorated on a monthly basis. end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 2982 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

2982.  

begin insert (a) end insert begin insert   end insert All licenses expire and become invalid at 12 midnight
on the last day of February, 1980, and thereafter shall expire at 12
midnight of the legal birth date of the licensee during the second
year of a two-year term, if not renewed.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert board shall establish by regulation procedures for the
administration of the birth date renewal program, including but
not limited to, the establishment of a pro rata formula for the
payments of fees by licentiates affected by the implementation of
that program and the establishment of a system of staggered license
application dates such that a relatively equal number of licenses
expire annually.

begin delete

To

end delete

begin insert (c) end insert begin insert   end insert begin insert To end insert renew an unexpired license, the licensee shall, on or
before the date on which it would otherwise expire, apply for
renewal on a form provided by the board, accompanied by the
prescribed renewal fee. begin insert The fee imposed for the first renewal of
the license shall end insert begin insert be prorated on a monthly basis. end insert

begin insert

begin insert SEC. end insert begin insert 9. end insert   

end insert

begin insert Section 3523 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

3523.  

begin insert (a) end insert begin insert   end insert All physician assistant licenses shall expire at 12
midnight of the last day of the birth month of the licensee during
the second year of a two-year term if not renewed.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert The board shall establish by regulation procedures for the
administration of a birthdate renewal program, including, but not
limited to, the establishment of a system of staggered license
expiration dates and a pro rata formula for the payment of renewal
fees by physician assistants affected by the implementation of the
program.

begin delete

To

end delete

begin insert (c) end insert begin insert   end insert To renew an unexpired license, the licensee shall, on or
before the date of expiration of the license, apply for renewal on
a form provided by the board, accompanied by the prescribed
renewal fee. begin insert The fee imposed for the first renewal of the license
shall be prorated on a monthly basis. end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 4900 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4900.  

(a) All veterinary licenses and veterinary technician
registrations shall expire at 12 midnight of the last day of the birth
month of the licensee or registrant during the second year of a
two-year term if not renewed.

(b) The board shall establish by regulation procedures for the
administration of a birth date renewal program, including, but not
limited to, the establishment of a system of staggered license and
registration expiration dates and a pro rata formula for the payment
of renewal fees by veterinarians and registered veterinary
technicians affected by the implementation of the program.

(c) To renew an unexpired license or registration, the licensee
or registrant shall, on or before the date of expiration of the license
or registration, apply for renewal on a form provided by the board,
accompanied by the prescribed renewal fee. begin insert The fee imposed for
the first renewal of the license shall be prorated on a monthly
basis. end insert

(d) Renewal under this section shall be effective on the date on
which the application is filed, on the date on which the renewal
fee is paid, or on the date on which the delinquency fee, if any, is
paid, whichever occurs last. If so renewed, the license or
registration shall continue in effect through the expiration date
provided in this section which next occurs after the effective date
of the renewal, when it shall expire, if it is not again renewed.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 4965 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4965.  

(a) Licenses issued pursuant to this chapter shall expire
on the last day of the birth month of the licensee during the second
year of a two-year term, if not renewed.

(b) The board shall establish and administer a birth date renewal
program.

(c) To renew an unexpired license, the holder shall apply for
renewal on a form provided by the board and pay the renewal fee
fixed by the board. begin insert The fee imposed for the first renewal of the
license shall be prorated on a monthly basis. end insert

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 5600 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

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. begin insert The fee imposed for the first renewal
of the license shall be prorated on a monthly basis. end insert

(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.

begin delete

SECTION 1.  

Section 1935 of the Business and Professions
Code is amended to read:

1935.  

If not renewed, a license issued under the provisions of
this article, unless specifically excepted, expires two years after
the date the license was issued or last renewed. To renew an
unexpired license, the licensee shall, before the time at which the
license would otherwise expire, apply for renewal on a form
prescribed by the committee and pay the renewal fee prescribed
by this article.

end delete