Cal. Business and Professions Code - BPC § 100. Section 100.
There is in the state government, in the Business, Consumer Services, and Housing Agency, a Department of Consumer Affairs.
CHAPTER 1. The Department [100. - 144.7.]
Cal. Business and Professions Code - BPC 1.
in effectCal. Business and Professions Code - BPC § 101. Section 101.
The department is comprised of the following:
(a)
The Dental Board of California.
(b)
The Medical Board of California.
(c)
The California State Board of Optometry.
(d)
The California State Board of Pharmacy.
(e)
The Veterinary Medical Board.
(f)
The California Board of Accountancy.
(g)
The California Architects Board.
(h)
The State Board of Barbering and Cosmetology.
(i)
The Board for Professional Engineers, Land Surveyors, and Geologists.
(j)
The Contractors State License Board.
(k)
The Bureau for Private Postsecondary Education.
(
l
)
The Bureau of Household Goods and Services.
(m)
The Board of Registered Nursing.
(n)
The Board of Behavioral Sciences.
(o)
The State Athletic Commission.
(p)
The Cemetery and Funeral
Bureau.
(q)
The Bureau of Security and Investigative Services.
(r)
The Court Reporters Board of California.
(s)
The Board of Vocational Nursing and Psychiatric Technicians.
(t)
The Landscape Architects Technical Committee.
(u)
The Division of Investigation.
(v)
The Bureau of Automotive Repair.
(w)
The Respiratory Care Board of California.
(x)
The Acupuncture Board.
(y)
The Board of Psychology.
(z)
The Podiatric Medical Board of California.
(aa)
The Physical Therapy Board of California.
(ab)
The Arbitration Review Program.
(ac)
The Physician Assistant Board.
(ad)
The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(ae)
The California Board of Occupational Therapy.
(af)
The Osteopathic Medical Board of California.
(ag)
The
California Board of Naturopathic Medicine.
(ah)
The Dental Hygiene Board of California.
(ai)
The Professional Fiduciaries Bureau.
(aj)
The State Board of Chiropractic Examiners.
(ak)
The Bureau of Real Estate Appraisers.
(a
l
)
The Structural Pest Control Board.
(am)
Any other boards, offices, or officers subject to its jurisdiction by law.
Cal. Business and Professions Code - BPC § 101.6. Section 101.6.
The boards, bureaus, and commissions in the department are established for the purpose of ensuring that those private businesses and professions deemed to engage in activities which have potential impact upon the public health, safety, and welfare are adequately regulated in order to protect the people of California.
To this end, they establish minimum qualifications and levels of competency and license persons desiring to engage in the occupations they regulate upon determining that such persons possess the requisite skills and qualifications necessary to provide safe and effective services to the public, or register or otherwise certify persons in order to identify practitioners and ensure performance according to set and accepted professional standards. They provide a means for redress of grievances by investigating allegations of unprofessional conduct, incompetence, fraudulent action, or unlawful activity brought to their attention by members of the public and institute disciplinary action against persons licensed or registered under the provisions of this code when such action is warranted. In addition, they conduct periodic checks of licensees, registrants, or otherwise certified persons in order to ensure compliance with the relevant sections of this code.
Cal. Business and Professions Code - BPC § 101.7. Section 101.7.
(a)
Notwithstanding any other provision of law, boards shall meet at least two times each calendar year. Boards shall meet at least once each calendar year in northern California and once each calendar year in southern California in order to facilitate participation by the public and its licensees.
(b)
The director has discretion to exempt any board from the requirement in subdivision (a) upon a showing of good cause that the board is not able to meet at least two times in a calendar year.
(c)
The director may call for a special meeting of the board when a board is not fulfilling its duties.
(d)
An agency within the department that is required to provide a written notice pursuant to subdivision (a) of Section 11125 of the Government Code, may provide that notice by regular mail, email, or by both regular mail and email. An agency shall give a person who requests a notice the option of receiving the notice by regular mail, email, or by both regular mail and email. The agency shall comply with the requester’s chosen form or forms of notice.
(e)
An agency that plans to webcast a meeting shall include in the meeting notice required pursuant to subdivision (a) of Section 11125 of the Government Code a statement of the board’s intent to webcast the meeting. An agency may webcast a meeting even if the agency fails to include that statement of intent in the
notice.
Cal. Business and Professions Code - BPC § 102. Section 102.
Upon the request of any board regulating, licensing, or controlling any professional or vocational occupation created by an initiative act, the Director of Consumer Affairs may take over the duties of the board under the same conditions and in the same manner as provided in this code for other boards of like character. Such boards shall pay a proportionate cost of the administration of the department on the same basis as is charged other boards included within the department. Upon request from any such board which has adopted the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code as rules of procedure in proceedings before it, the director shall assign hearing officers for such proceedings in accordance with Section 110.5.
Cal. Business and Professions Code - BPC § 102.3. Section 102.3.
(a)
The director may enter into an interagency agreement with an appropriate entity within the Department of Consumer Affairs as provided for in Section 101 to delegate the duties, powers, purposes, responsibilities, and jurisdiction that have been succeeded and vested with the department, of a board, as defined in Section 477, which became inoperative and was repealed in accordance with Chapter 908 of the Statutes of 1994.
(b)
(1)
Where, pursuant to subdivision (a), an interagency agreement is entered into between the director and that entity, the entity receiving the delegation of authority may establish a technical
committee to regulate, as directed by the entity, the profession subject to the authority that has been delegated. The entity may delegate to the technical committee only those powers that it received pursuant to the interagency agreement with the director. The technical committee shall have only those powers that have been delegated to it by the entity.
(2)
Where the entity delegates its authority to adopt, amend, or repeal regulations to the technical committee, all regulations adopted, amended, or repealed by the technical committee shall be subject to the review and approval of the entity.
(3)
The entity shall not delegate to a technical committee its authority to discipline a licensee who has violated the provisions of the applicable chapter of the Business and Professions Code that
is subject to the director’s delegation of authority to the entity.
(c)
An interagency agreement entered into, pursuant to subdivision (a), shall continue until such time as the licensing program administered by the technical committee has undergone a review by the Assembly Committee on Business and Professions and the Senate Committee on Business, Professions and Economic Development to evaluate and determine whether the licensing program has demonstrated a public need for its continued existence. Thereafter, at the director’s discretion, the interagency agreement may be renewed.
Cal. Business and Professions Code - BPC § 103. Section 103.
Each member of a board, commission, or committee created in the various chapters of Division 2 (commencing with Section 500) and Division 3 (commencing with Section 5000), and in Chapter 2 (commencing with Section 18600) and Chapter 3 (commencing with Section 19000) of Division 8, shall receive the moneys specified in this section when authorized by the respective provisions.
Each such member shall receive a per diem of one hundred dollars ($100) for each day actually spent in the discharge of official duties, and shall be reimbursed for traveling and other expenses necessarily incurred in the performance of official duties.
The payments
in each instance shall be made only from the fund from which the expenses of the agency are paid and shall be subject to the availability of money.
Notwithstanding any other provision of law, no public officer or employee shall receive per diem salary compensation for serving on those boards, commissions, or committees on any day when the officer or employee also received compensation for the officer or employee’s regular public employment.
Cal. Business and Professions Code - BPC § 104. Section 104.
All boards or other regulatory entities within the department’s jurisdiction that the department determines to be health-related may adopt regulations to require licensees to display their licenses or registrations in the locality in which they are treating patients, and to inform patients as to the identity of the regulatory agency they may contact if they have any questions or complaints regarding the licensee. In complying with this requirement, those boards may take into consideration the particular settings in which licensees practice, or other circumstances which may make the displaying or providing of information to the consumer extremely difficult for the licensee in their particular type of practice.
Cal. Business and Professions Code - BPC § 105. Section 105.
Members of boards in the department shall take an oath of office as provided in the Constitution and the Government Code.
Cal. Business and Professions Code - BPC § 105.5. Section 105.5.
Notwithstanding any other provision of this code, each member of a board, commission, examining committee, or other similarly constituted agency within the department shall hold office until the appointment and qualification of that member’s successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs.
Cal. Business and Professions Code - BPC § 106. Section 106.
The appointing authority has power to remove from office at any time any member of any board appointed by the appointing authority for continued neglect of duties required by law, or for incompetence, or unprofessional or
dishonorable conduct. Nothing in this section shall be construed as a limitation or restriction on the power of the
appointing authority conferred on the appointing authority by any other provision of law to remove any member of any board.
Cal. Business and Professions Code - BPC § 106.5. Section 106.5.
Notwithstanding any other provision of law, the Governor may remove from office a member of a board or other licensing entity in the department if it is shown that such member has knowledge of the specific questions to be asked on the licensing entity’s next examination and directly or indirectly discloses any such question or questions in advance of or during the examination to any applicant for that examination.
The proceedings for removal shall be conducted in accordance with the provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the Governor shall have all the powers granted therein.
Cal. Business and Professions Code - BPC § 107. Section 107.
Pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution, each board may appoint a person exempt from civil service, who shall be designated as an executive officer unless the licensing act of the particular board designates the person as a registrar, and may fix that person’s salary, with the approval of the Department of Human Resources pursuant to Section 19825 of the Government Code.
Cal. Business and Professions Code - BPC § 107.5. Section 107.5.
If any board in the department uses an official seal pursuant to any provision of this code, the seal shall contain the words “State of California” and “Department of Consumer Affairs” in addition to the title of the board, and shall be in a form approved by the director.
Cal. Business and Professions Code - BPC § 108. Section 108.
Each of the boards comprising the department exists as a separate unit, and has the functions of setting standards, holding meetings, and setting dates thereof, preparing and conducting examinations, passing upon applicants, conducting investigations of violations of laws under its jurisdiction, issuing citations and holding hearings for the revocation of licenses, and the imposing of penalties following those hearings, insofar as these powers are given by statute to each respective board.
Cal. Business and Professions Code - BPC § 108.5. Section 108.5.
In any investigation, proceeding, or hearing that any board, commission, or officer in the department is empowered to institute, conduct, or hold, any witness appearing at the investigation, proceeding, or hearing whether upon a subpoena or voluntarily, may be paid the sum of twelve dollars ($12) per day for every day in actual attendance at the investigation, proceeding, or hearing and for the witness’s actual, necessary, and reasonable expenses and those sums shall be a legal charge against the funds of the respective board, commission, or officer; provided further, that no witness appearing other than at the instance of the board, commission, or officer may be compensated out of the fund.
The board, commission, or officer shall determine the sums due to any witness and enter the amount on its minutes.
Cal. Business and Professions Code - BPC § 109. Section 109.
(a)
The decisions of any of the boards comprising the department with respect to setting standards, conducting examinations, passing candidates, and revoking licenses, are not subject to review by the director, but are final within the limits provided by this code which are applicable to the particular board, except as provided in this section.
(b)
The director may initiate an investigation of any allegations of misconduct in the preparation, administration, or scoring of an examination which is administered by a board, or in the review of qualifications which are a part of the licensing process of any board. A request for investigation shall be made by the director to the Division of Investigation through the chief of the division or to any law enforcement agency in the jurisdiction where the alleged misconduct occurred.
(c)
The director may intervene in any matter of any board where an investigation by the Division of Investigation discloses probable cause to believe that the conduct or activity of a board, or its members or employees constitutes a violation of criminal law.
The term “intervene,” as used in paragraph (c) of this section may include, but is not limited to, an application for a restraining order or injunctive relief as specified in Section 123.5, or a referral or request for criminal prosecution. For purposes of this section, the director shall be deemed to have standing under Section 123.5 and shall seek representation of the Attorney General, or other appropriate counsel in the event of a conflict in pursuing that action.
Cal. Business and Professions Code - BPC § 110. Section 110.
The department shall have possession and control of all records, books, papers, offices, equipment, supplies, funds, appropriations, land and other property—real or personal—now or hereafter held for the benefit or use of all of the bodies, offices or officers comprising the department. The title to all property held by any of these bodies, offices or officers for the use and benefit of the state, is vested in the State of California to be held in the possession of the department. Except as authorized by a board, the department shall not have the possession and control of examination questions prior to submission to applicants at scheduled examinations.
Cal. Business and Professions Code - BPC § 111. Section 111.
Unless otherwise expressly provided, any board may, with the approval of the appointing power, appoint qualified persons, who shall be designated as commissioners on examination, to give the whole or any portion of any examination. A commissioner on examination need not be a member of the board but shall have the same qualifications as one and shall be subject to the same rules.
Cal. Business and Professions Code - BPC § 112. Section 112.
Notwithstanding any other provision of this code, no agency in the department, with the exception of the Board for Professional Engineers and Land Surveyors, shall be required to compile, publish, sell, or otherwise distribute a directory. When an agency deems it necessary to compile and publish a directory, the agency shall cooperate with the director in determining its form and content, the time and frequency of its publication, the persons to whom it is to be sold or otherwise distributed, and its price if it is sold. Any agency that requires the approval of the director for the compilation, publication, or distribution of a directory, under the law in effect at the time the amendment made to this section at the 1970 Regular Session of the Legislature becomes effective, shall continue to require that approval. As used in this section, “directory” means a directory, roster, register, or similar compilation of the names of persons who hold a license, certificate, permit, registration, or similar indicia of authority from the agency.
Cal. Business and Professions Code - BPC § 113. Section 113.
Upon recommendation of the director, officers, and employees of the department, and the officers, members, and employees of the boards, committees, and commissions comprising it or subject to its jurisdiction may confer, in this state or elsewhere, with officers or employees of this state, its political subdivisions, other states, or the United States, or with other persons, associations, or organizations as may be of assistance to the department, board, committee, or commission in the conduct of its work. The officers, members, and employees shall be entitled to their actual traveling expenses incurred in pursuance hereof, but when these expenses are incurred with respect to travel outside of the state, they shall be subject to the approval of the Governor and the Director of Finance.
Cal. Business and Professions Code - BPC § 114. Section 114.
(a)
Notwithstanding any other provision of this code, any licensee or registrant of any board, commission, or bureau within the department whose license expired while the licensee or registrant was on active duty as a member of the California National Guard or the United States Armed Forces, may, upon application, reinstate their license or registration without examination or penalty, provided that all of the following requirements are satisfied:
(1)
The licensee or registrant’s license or registration was valid at the time they entered the California National Guard or the United States Armed Forces.
(2)
The application
for reinstatement is made while serving in the California National Guard or the United States Armed Forces, or not later than one year from the date of discharge from active service or return to inactive military status.
(3)
The application for reinstatement is accompanied by an affidavit showing the date of entrance into the service, whether still in the service, or date of discharge, and the renewal fee for the current renewal period in which the application is filed is paid.
(b)
If application for reinstatement is filed more than one year after discharge or return to inactive status, the applicant, in the discretion of the licensing agency, may be required to pass an examination.
(c)
If application for reinstatement is
filed and the licensing agency determines that the applicant has not actively engaged in the practice of the applicant’s profession while on active duty, then the licensing agency may require the applicant to pass an examination.
(d)
Unless otherwise specifically provided in this code, any licensee or registrant who, either part time or full time, practices in this state the profession or vocation for which the licensee or registrant is licensed or registered shall be required to maintain their license in good standing even though the licensee or registrant is in military service.
For the purposes in this section, time spent by a licensee in receiving treatment or hospitalization in any veterans’ facility during which the licensee is prevented from practicing the licensee’s profession or
vocation shall be excluded from said period of one year.
Cal. Business and Professions Code - BPC § 114.3. Section 114.3.
(a)
Notwithstanding any other law, every board, as defined in Section 22, within the department shall waive the renewal fees, continuing education requirements, and other renewal requirements as determined by the board, if any are applicable, for a licensee or registrant called to active duty as a member of the United States Armed Forces or the California National Guard if all of the following requirements are met:
(1)
The licensee or registrant possessed a current and valid license with the board at the time the licensee or registrant was called to active duty.
(2)
The renewal requirements are waived only for the period during
which the licensee or registrant is on active duty service.
(3)
Written documentation that substantiates the licensee or registrant’s active duty service is provided to the board.
(b)
For purposes of this section, the phrase “called to active duty” shall have the same meaning as “active duty” as defined in Section 101 of Title 10 of the United States Code and shall additionally include individuals who are on active duty in the California National Guard, whether due to proclamation of a state of insurrection pursuant to Section 143 of the Military and Veterans Code or due to a proclamation of a state extreme emergency or when the California National Guard is otherwise on active duty pursuant to Section 146 of the Military and Veterans Code.
(c)
(1)
Except as specified in paragraph (2), the licensee or registrant shall not engage in any activities requiring a license during the period that the waivers provided by this section are in effect.
(2)
If the licensee or registrant will provide services for which the licensee or registrant is licensed while on active duty, the board shall convert the license status to military active and no private practice of any type shall be permitted.
(d)
In order to engage in any activities for which the licensee or registrant is licensed once discharged from active duty, the licensee or registrant shall meet all necessary renewal requirements as determined by the board within six months from the licensee’s or registrant’s date of discharge from active duty service.
(e)
After a licensee or registrant receives notice of the licensee or registrant’s discharge date, the licensee or registrant shall notify the board of their discharge from active duty within 60 days of receiving their notice of discharge.
(f)
A board may adopt regulations to carry out the provisions of this section.
(g)
This section shall not apply to any board that has a similar license renewal waiver process statutorily authorized for that board.
Cal. Business and Professions Code - BPC § 114.5. Section 114.5.
(a)
Each board shall inquire in every application for licensure if the individual applying for licensure is serving in, or has previously served in, the military.
(b)
If a board’s governing law authorizes veterans to apply military experience and training towards licensure requirements, that board shall post information on the board’s Internet Web site about
the ability of veteran applicants to apply military experience and training towards licensure requirements.
Cal. Business and Professions Code - BPC § 115. Section 115.
The provisions of Section 114 of this code are also applicable to a licensee or registrant whose license or registration was obtained while in the armed services.
Cal. Business and Professions Code - BPC § 115.4. Section 115.4.
(a)
Notwithstanding any other law, on and after July 1, 2016, a board within the department shall expedite, and may assist, the initial licensure process for an applicant who supplies satisfactory evidence to the board that the applicant has served as an active duty member of the Armed Forces of the United States and was honorably discharged.
(b)
Notwithstanding any other law, on and after July 1, 2024, a board within the department shall expedite, and may assist, the initial licensure process for an applicant who supplies satisfactory evidence to the board that the applicant is an active duty member of a regular component of the Armed Forces of the United States enrolled in the United
States Department of Defense SkillBridge program as authorized under Section 1143(e) of Title 10 of the United States Code.
(c)
A board may adopt regulations necessary to administer this section in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(d)
For purposes of this section, the term “applicant” refers to an applicant for an individual license and does not refer to applicants for business or entity licenses.
Cal. Business and Professions Code - BPC § 115.5. Section 115.5.
(a)
A board within the department shall expedite the licensure process and waive the licensure application fee and the initial or original license fee charged by the board for an applicant who meets both of the following requirements:
(1)
Supplies evidence satisfactory to the board that the applicant is 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 this state under official active duty military orders.
(2)
Holds a current license in another state, district, or territory of the United States in the profession
or vocation for which the applicant seeks a license from the board.
(b)
A board may adopt regulations necessary to administer this section.
(c)
For purposes of this section, the term “applicant” refers to an applicant for an individual license and does not refer to applicants for business or entity licenses.
Cal. Business and Professions Code - BPC § 115.6. Section 115.6.
(a)
(1)
Except as provided in subdivision (j), a board within the department shall, after appropriate investigation, issue a temporary license to practice a profession or vocation to an applicant who meets the requirements set forth in subdivisions (c) and (d).
(2)
Revenues from fees for temporary licenses issued by the California Board of Accountancy shall be credited to the Accountancy Fund in accordance with Section 5132.
(b)
The board may conduct an investigation of an applicant for purposes of denying or revoking a temporary license issued pursuant to this section. This investigation may include a
criminal background check.
(c)
An applicant seeking a temporary license pursuant to this section shall meet the following requirements:
(1)
The applicant shall supply evidence satisfactory to the board that the applicant is 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 this state under official active duty military orders.
(2)
The applicant shall hold a current, active, and unrestricted license that confers upon the applicant the authority to practice, in another state, district, or territory of the United States, the profession or vocation within the same scope for which the applicant seeks a
temporary license from the board.
(3)
The applicant shall submit an application to the board that shall include a signed affidavit attesting to the fact that the applicant meets all of the requirements for the temporary license, and that the information submitted in the application is accurate, to the best of the applicant’s knowledge. The application shall also include written verification from the applicant’s original licensing jurisdiction stating that the applicant’s license is in good standing in that jurisdiction.
(4)
The applicant shall not have committed an act in any jurisdiction that would have constituted grounds for denial, suspension, or revocation of the license under this code at the time the act was committed. A violation of this paragraph may be grounds for the
denial or revocation of a temporary license issued by the board.
(5)
The applicant shall not have been disciplined by a licensing entity in another jurisdiction and shall not be the subject of an unresolved complaint, review procedure, or disciplinary proceeding conducted by a licensing entity in another jurisdiction.
(6)
(A)
The applicant shall, upon request by a board, furnish a full set of fingerprints for purposes of conducting a criminal background check.
(B)
The board shall request a fingerprint-based criminal history information check from the Department of Justice in accordance with subdivision (u) of Section 11105 of the Penal Code and the Department of Justice shall furnish state or federal
criminal history information in accordance with subdivision (p) of Section 11105 of the Penal Code.
(d)
The applicant shall pass a California law and ethics examination if otherwise required by the board for the profession or vocation for which the applicant seeks licensure.
(e)
Except as specified in subdivision (g), a board shall issue a temporary license pursuant to this section within 30 days of receiving documentation that the applicant has met the requirements specified in subdivisions (c) and (d) if the results of the criminal background check do not show grounds for denial.
(f)
(1)
A temporary license issued pursuant to this section may be immediately terminated upon a finding that the
temporary licenseholder failed to meet any of the requirements described in subdivision (c) or (d) or provided substantively inaccurate information that would affect the person’s eligibility for temporary licensure. Upon termination of the temporary license, the board shall issue a notice of termination that shall require the temporary
licenseholder to immediately cease the practice of the licensed profession upon receipt.
(2)
Notwithstanding any other law, if, after notice and an opportunity to be heard, a board finds that a temporary licenseholder engaged in unprofessional conduct or any other act that is a cause for discipline by the board, the board shall revoke the temporary license.
(g)
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 pursuant to this section shall 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 board shall issue a temporary license pursuant to this subdivision within 30 days of receiving documentation that the applicant has met the requirements specified in this subdivision and subdivisions (c) and (d) if the results of the criminal background check do not show grounds for denial.
(h)
A temporary license issued pursuant to this section is nonrenewable and shall expire 12 months after issuance, upon issuance or denial of a standard license, upon issuance or denial of a license by endorsement, or upon issuance or denial of an expedited license pursuant to Section 115.5, whichever occurs first.
(i)
A board shall submit to the department for approval, if necessary to implement this section, draft
regulations necessary to administer this section. These regulations shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(j)
(1)
This section shall not apply to a board that has a process in place by which an out-of-state licensed applicant in good standing who is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States is able to receive expedited, temporary authorization to practice while meeting state-specific requirements for a period of at least one year or is able to receive an expedited license by endorsement with no additional requirements superseding those described in subdivisions (c) and (d).
(2)
This section shall apply only to the extent that it does not amend an initiative or violate constitutional requirements.
(k)
An applicant for a temporary license pursuant to this section shall not be required to provide, and no board shall collect, a fee for the application or issuance of a temporary license.
(l)
For purposes of this section, the term “applicant” refers to an applicant for an individual license and does not refer to applicants for business or entity licenses.
Cal. Business and Professions Code - BPC § 115.8. Section 115.8.
The Department of Consumer Affairs shall compile information on military and spouse licensure into an annual report for the Legislature, which shall be submitted in conformance with Section 9795 of the Government Code. The report shall include all of the following for each license type of each board:
(a)
The number of applications for a temporary license submitted by military spouses per fiscal year, pursuant to Section 115.6.
(b)
The number of applications for expedited licenses received from honorably discharged military members and military spouses pursuant to Sections 115.4 and 115.5.
(c)
The number of licenses issued and denied per fiscal year pursuant to
Sections 115.4, 115.5, and 115.6.
(d)
The number of licenses issued pursuant to Section 115.6 that were suspended or revoked per fiscal year.
(e)
The number of applications for waived renewal fees received and granted pursuant to Section 114.3 per fiscal year.
(f)
The average length of time between application and issuance of licenses pursuant to Sections 115.4, 115.5, and 115.6.
Cal. Business and Professions Code - BPC § 115.9. Section 115.9.
The department and each board within the department shall publish information pertinent to all licensing options available to military spouses on the home page of the internet website of the department or board, as applicable, including, but not limited to, the following:
(a)
The process for expediting applications for military spouses.
(b)
The availability of temporary licensure, the requirements for obtaining a temporary license, and length of time a temporary license is active.
(c)
The requirements for full, permanent licensure by endorsement or credential for
out-of-state applicants.
Cal. Business and Professions Code - BPC § 115.10. Section 115.10.
(a)
For purposes of this section, the following definitions apply:
(1)
“Applicant” means a servicemember or a spouse of a servicemember.
(2)
“Board” means an entity described in Section 101.
(3)
“Professional license” means an individual professional license and does not include a business or entity license.
(4)
“Registering authority” means a board or the Department of Real Estate, as applicable.
(5)
“Spouse” means an individual who is married to, or who is in a domestic partnership or
other legal union with, a military servicemember.
(b)
Notwithstanding any other law, a registering authority shall register an applicant who satisfies all of the following requirements:
(1)
The applicant holds a professional license in good standing in another state, district, or territory of the United States that confers on the applicant the authority to practice a profession or vocation within a similar scope of practice as that regulated by the registering authority.
(2)
The applicant relocated to this state because of military orders for military service within this state and the applicant submits to the registering authority a copy of the military orders.
(3)
The applicant performed at least one activity within the scope and under the authority of
their professional license during the two years immediately preceding the relocation to this state.
(4)
For an applicant who is licensed within the same professional discipline in more than one jurisdiction, both of the following:
(A)
The applicant maintains each license in good standing.
(B)
The applicant submits to the registering authority written verification from, or documentation printed from an online licensing system for, each jurisdiction that the applicant’s license is in good standing in the jurisdiction.
(5)
The applicant submits to the registering authority written verification from, or documentation printed from an online licensing system for, the applicant’s original licensing jurisdiction that the applicant’s license is in good standing
in that jurisdiction.
(6)
For an applicant that is a spouse, the applicant submits evidence to the registering authority that the applicant is married to, or in a domestic partnership or other legal union with, a servicemember who is subject to military orders described in paragraph (2).
(7)
The applicant submits to the registering authority their California address of record and an affidavit attesting to both of the following:
(A)
The applicant meets all of the requirements for registration under this section.
(B)
The information submitted to the registering authority pursuant to this section is accurate to the best of the applicant’s knowledge.
(c)
(1)
The
registering authority shall register an applicant within 30 days of receiving all applicable documentation described in subdivision (b).
(2)
The registering authority shall not register an applicant who fails to provide all applicable documentation described in subdivision (b) and shall deem the applicant’s request for registration incomplete.
(d)
For each person registered pursuant to this section, the registering authority shall post all of the following on the registering authority’s internet website:
(1)
The person’s name.
(2)
The person’s California address of record.
(3)
The person’s registration status.
(4)
The state
name and license number of each license from each original licensing jurisdiction.
(e)
A person registered pursuant to this section shall be deemed to be a licensee of the registering authority for purposes of the laws administered by that registering authority relating to standards of practice, discipline, and continuing education for the duration of the military orders described in paragraph (2) of subdivision (b), and the registration shall expire when those military orders expire.
(f)
A registering authority may take appropriate enforcement action against a person registered pursuant to this section, including, but not limited to, revoking or suspending the registration of a person who does not meet the requirements of subdivision (b) or the laws applicable to licensees pursuant to subdivision (e).
(g)
A
registering authority shall not collect or require a fee for registration pursuant to this section.
(h)
A registering authority may develop and publish guidance to implement this section.
Cal. Business and Professions Code - BPC § 116. Section 116.
(a)
The director may audit and review, upon the director’s own initiative, or upon the request of a consumer or licensee, inquiries and complaints regarding licensees, dismissals of disciplinary cases, the opening, conduct, or closure of investigations, informal conferences, and discipline short of formal accusation by the Medical Board of California, the allied health professional boards, and the Podiatric Medical Board of California. The director may make recommendations for changes to the disciplinary system to the appropriate board, the Legislature, or both.
(b)
The director shall report to the Chairpersons of the Senate Business,
Professions and Economic Development Committee and the Assembly Business and Professions Committee annually, commencing March 1, 1995, regarding the director’s findings from any audit, review, or monitoring and evaluation conducted pursuant to this section.
Cal. Business and Professions Code - BPC § 118. Section 118.
(a)
The withdrawal of an application for a license after it has been filed with a board in the department shall not, unless the board has consented in writing to such withdrawal, deprive the board of its authority to institute or continue a proceeding against the applicant for the denial of the license upon any ground provided by law or to enter an order denying the license upon any such ground.
(b)
The suspension, expiration, or forfeiture by operation of law of a license issued by a board in the department, or its suspension, forfeiture, or cancellation by order of the board or by order of a court of law, or its surrender without the written consent of the board, shall not, during any period in which it may be renewed, restored, reissued, or reinstated, deprive the board of its authority to institute or continue a disciplinary proceeding against the licensee upon any ground provided by law or to enter an order suspending or revoking the license or otherwise taking disciplinary action against the licensee on any such ground.
(c)
As used in this section, “board” includes an individual who is authorized by any provision of this code to issue, suspend, or revoke a license, and “license” includes “certificate,” “registration,” and “permit.“
Cal. Business and Professions Code - BPC § 119. Section 119.
Any person who does any of the following is guilty of a misdemeanor:
(a)
Displays or causes or permits to be displayed or has in the person’s possession either of the following:
(1)
A canceled, revoked, suspended, or fraudulently altered license.
(2)
A fictitious license or any document simulating a license or purporting to be or have been issued as a license.
(b)
Lends the person’s license to any other person or knowingly permits the use thereof by another.
(c)
Displays or represents any license not issued to the person as being the person’s license.
(d)
Fails or refuses to surrender to the issuing authority upon its lawful written demand any license, registration, permit, or certificate which has been suspended, revoked, or canceled.
(e)
Knowingly permits any unlawful use of a license issued to the person.
(f)
Photographs, photostats, duplicates, manufactures, or in any way reproduces any license or facsimile thereof in a manner that it could be mistaken for a valid license, or displays or has in the person’s possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by this
code.
(g)
Buys or receives a fraudulent, forged, or counterfeited license knowing that it is fraudulent, forged, or counterfeited. For purposes of this subdivision, “fraudulent” means containing any misrepresentation of fact.
As used in this section, “license” includes “certificate,” “permit,” “authority,” and “registration” or any other indicia giving authorization to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
Cal. Business and Professions Code - BPC § 120. Section 120.
(a)
Subdivision (a) of Section 119 shall not apply to a surviving spouse having in the surviving spouse’s possession or displaying a deceased spouse’s canceled certified public accountant certificate or canceled public accountant certificate that has been canceled by official action of the California Board of Accountancy.
(b)
Notwithstanding Section 119, any person who has received a certificate of certified public accountant or a certificate of public accountant from the board may possess and may display the certificate received unless the person’s certificate, permit, or registration has been suspended or revoked.
Cal. Business and Professions Code - BPC § 121. Section 121.
No licensee who has complied with the provisions of this code relating to the renewal of the licensee’s license prior to expiration of such license shall be deemed to be engaged illegally in the practice of the licensee’s business or profession during any period between such renewal and receipt of evidence of such renewal which may occur due to delay not the fault of the applicant.
As used in this section, “license” includes “certificate,” “permit,” “authorization,” and “registration,” or any other indicia giving authorization, by any agency, board, bureau, commission, committee, or entity within the Department of Consumer Affairs, to engage in a business or profession regulated by this code or
by the board referred to in the Chiropractic Act or the Osteopathic
Act.
Cal. Business and Professions Code - BPC § 121.5. Section 121.5.
Except as otherwise provided in this code, the application of delinquency fees or accrued and unpaid renewal fees for the renewal of expired licenses or registrations shall not apply to licenses or registrations that have lawfully been designated as inactive or retired.
Cal. Business and Professions Code - BPC § 122. Section 122.
Except as otherwise provided by law, the department and each of the boards, bureaus, committees, and commissions within the department may charge a fee for the processing and issuance of a duplicate copy of any certificate of licensure or other form evidencing licensure or renewal of licensure. The fee shall be in an amount sufficient to cover all costs incident to the issuance of the duplicate certificate or other form but shall not exceed twenty-five dollars ($25).
Cal. Business and Professions Code - BPC § 123. Section 123.
It is a misdemeanor for any person to engage in any conduct which subverts or attempts to subvert any licensing examination or the administration of an examination, including, but not limited to:
(a)
Conduct which violates the security of the examination materials; removing from the examination room any examination materials without authorization; the unauthorized reproduction by any means of any portion of the actual licensing examination; aiding by any means the unauthorized reproduction of any portion of the actual licensing examination; paying or using professional or paid examination-takers for the purpose of reconstructing any portion of the licensing examination; obtaining examination questions or other examination material, except by specific authorization either before, during, or after an examination; or using or purporting to use any examination questions or materials which were improperly removed or taken from any examination for the purpose of instructing or preparing any applicant for examination; or selling, distributing, buying, receiving, or having unauthorized possession of any portion of a future, current, or previously administered licensing examination.
(b)
Communicating with any other examinee during the administration of a licensing examination; copying answers from another examinee or permitting one’s answers to be copied by another examinee; having in one’s possession during the administration of the licensing examination any books, equipment, notes, written or printed materials, or data of any kind, other than the examination materials distributed, or otherwise authorized to be in one’s possession during the examination; or impersonating any examinee or having an impersonator take the licensing examination on one’s behalf.
Nothing in this section shall preclude prosecution under the authority provided for in any other provision of law.
In addition to any other penalties, a person found guilty of violating this section, shall be liable for the actual damages sustained by the agency administering the examination not to exceed ten thousand dollars ($10,000) and the costs of litigation.
(c)
If any provision of this section or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
Cal. Business and Professions Code - BPC § 123.5. Section 123.5.
Whenever any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of Section 123, the superior court in and for the county wherein the acts or practices take place, or are about to take place, may issue an injunction, or other appropriate order, restraining such conduct on application of a board, the Attorney General or the district attorney of the county.
The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.
The remedy provided for by this section shall be in addition to, and not a limitation on, the authority provided for in any other provision of law.
Cal. Business and Professions Code - BPC § 124. Section 124.
Notwithstanding subdivision (c) of Section 11505 of the Government Code, whenever written notice, including a notice, order, or document served pursuant to Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), or Chapter 5 (commencing with Section 11500), of Part 1 of Division 3 of Title 2 of the Government Code, is required to be given by any board in the department, the notice may be given by regular mail addressed to the last known address of the licensee or by personal service, at the option of the board.
Cal. Business and Professions Code - BPC § 125. Section 125.
Any person, licensed under Division 1 (commencing with Section 100), Division 2 (commencing with Section 500), or Division 3 (commencing with Section 5000) is guilty of a misdemeanor and subject to the disciplinary provisions of this code applicable to them, who conspires with a person not so licensed to violate any provision of this code, or who, with intent to aid or assist that person in violating those provisions does either of the following:
(a)
Allows their license to be used by that person.
(b)
Acts as their agent or partner.
Cal. Business and Professions Code - BPC § 125.3. Section 125.3.
(a)
Except as otherwise provided by law, in any order issued in resolution of a disciplinary proceeding before any board within the department or before the Osteopathic Medical Board, upon request of the entity bringing the proceeding, the administrative law judge may direct a licensee found to have committed a violation or violations of the licensing act to pay a sum not to exceed the reasonable costs of the investigation and enforcement of the case.
(b)
In the case of a disciplined licensee that is a corporation or a partnership, the order may be made against the licensed corporate entity or licensed partnership.
(c)
A certified copy of the actual costs, or a good faith estimate of costs where actual
costs are not available, signed by the entity bringing the proceeding or its designated representative shall be prima facie evidence of reasonable costs of investigation and prosecution of the case. The costs shall include the amount of investigative and enforcement costs up to the date of the hearing, including, but not limited to, charges imposed by the Attorney General.
(d)
The administrative law judge shall make a proposed finding of the amount of reasonable costs of investigation and prosecution of the case when requested pursuant to subdivision (a). The finding of the administrative law judge with regard to costs shall not be reviewable by the board to increase the cost award. The board may reduce or eliminate the cost award, or remand to the administrative law judge if the proposed decision fails to make a finding on costs requested pursuant to subdivision (a).
(e)
If an
order for recovery of costs is made and timely payment is not made as directed in the board’s decision, the board may enforce the order for repayment in any appropriate court. This right of enforcement shall be in addition to any other rights the board may have as to any licensee to pay costs.
(f)
In any action for recovery of costs, proof of the board’s decision shall be conclusive proof of the validity of the order of payment and the terms for payment.
(g)
(1)
Except as provided in paragraph (2), the board shall not renew or reinstate the license of any licensee who has failed to pay all of the costs ordered under this section.
(2)
Notwithstanding paragraph (1), the board may, in its discretion, conditionally renew or reinstate for a maximum of one year the license of any licensee who
demonstrates financial hardship and who enters into a formal agreement with the board to reimburse the board within that one-year period for the unpaid costs.
(h)
All costs recovered under this section shall be considered a reimbursement for costs incurred and shall be deposited in the fund of the board recovering the costs to be available upon appropriation by the Legislature.
(i)
Nothing in this section shall preclude a board from including the recovery of the costs of investigation and enforcement of a case in any stipulated settlement.
(j)
This section does not apply to any board if a specific statutory provision in that board’s licensing act provides for recovery of costs in an administrative disciplinary proceeding.
Cal. Business and Professions Code - BPC § 125.5. Section 125.5.
(a)
The superior court for the county in which any person has engaged or is about to engage in any act which constitutes a violation of a chapter of this code administered or enforced by a board within the department may, upon a petition filed by the board with the approval of the director, issue an injunction or other appropriate order restraining such conduct. The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. As used in this section, “board” includes commission, bureau, division, agency and a medical quality review committee.
(b)
The superior court for the county in which any person has engaged in any act which constitutes a violation of a chapter of this code administered or enforced by a board within the department may, upon a petition filed by the board with the approval of the director, order such person to make restitution to persons injured as a result of such violation.
(c)
The court may order a person subject to an injunction or restraining order, provided for in subdivision (a) of this section, or subject to an order requiring restitution pursuant to subdivision (b), to reimburse the petitioning board for expenses incurred by the board in its investigation related to its petition.
(d)
The remedy provided for by this section shall be in addition to, and not a limitation on, the authority provided for in any other section of this code.
Cal. Business and Professions Code - BPC § 125.6. Section 125.6.
(a)
(1)
With regard to an applicant, every person who holds a license under the provisions of this code is subject to disciplinary action under the disciplinary provisions of this code applicable to that person if, because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code, the person refuses to perform the licensed activity or aids or incites the refusal to perform that licensed activity by another licensee, or if, because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code, the person makes
any discrimination, or restriction in the performance of the licensed activity.
(2)
Nothing in this section shall be interpreted to prevent a physician or health care professional licensed pursuant to Division 2 (commencing with Section 500) from considering any of the characteristics of a patient listed in subdivision (b) or (e) of Section 51 of the Civil Code if that consideration is medically necessary and for the sole purpose of determining the appropriate diagnosis or treatment of the patient.
(3)
Nothing in this section shall be interpreted to apply to discrimination by employers with regard to employees or prospective employees, nor shall this section authorize action against any club license issued pursuant to Article 4 (commencing with Section 23425)
of Chapter 3 of Division 9 because of discriminatory membership policy.
(4)
The presence of architectural barriers to an individual with physical disabilities that conform to applicable state or local building codes and regulations shall not constitute discrimination under this section.
(b)
(1)
Nothing in this section requires a person licensed pursuant to Division 2 (commencing with Section 500) to permit an individual to participate in, or benefit from, the licensed activity of the licensee where that individual poses a direct threat to the health or safety of others. For this purpose, the term “direct threat” means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or
by the provision of auxiliary aids and services.
(2)
Nothing in this section requires a person licensed pursuant to Division 2 (commencing with Section 500) to perform a licensed activity for which the person is not qualified to perform.
(c)
(1)
“Applicant,” as used in this section, means a person applying for licensed services provided by a person licensed under this code.
(2)
“License,” as used in this section, includes “certificate,” “permit,” “authority,” and “registration” or any other indicia giving authorization to engage in a business or profession regulated by this code.
Cal. Business and Professions Code - BPC § 125.7. Section 125.7.
In addition to the remedy provided for in Section 125.5, the superior court for the county in which any licensee licensed under Division 2 (commencing with Section 500), or any initiative act referred to in that division, has engaged or is about to engage in any act that constitutes a violation of a chapter of this code administered or enforced by a board referred to in Division 2 (commencing with Section 500), may, upon a petition filed by the board and accompanied by an affidavit or affidavits in support thereof and a memorandum of points and authorities, issue a temporary restraining order or other appropriate order restraining the licensee from engaging in the business or profession for which the person is licensed or from any part thereof, in accordance with this section.
(a)
If the affidavits in support of the petition show that the licensee has engaged or is about to engage in acts or omissions constituting a violation of a chapter of this code and if the court is satisfied that permitting the licensee to continue to engage in the business or profession for which the license was issued will endanger the public health, safety, or welfare, the court may issue an order temporarily restraining the licensee from engaging in the profession for which he or she is licensed.
(b)
The order may not be issued without notice to the licensee unless it appears from facts shown by the affidavits that serious injury would result to the public before the matter can be heard on notice.
(c)
Except as otherwise specifically provided by this section, proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.
(d)
When a restraining order is issued pursuant to this section, or within a time to be allowed by the superior court, but in any case not more than 30 days after the restraining order is issued, an accusation shall be filed with the board pursuant to Section 11503 of the Government Code or, in the case of a licensee of the State Department of Health Services, with that department pursuant to Section 100171 of the Health and Safety Code. The accusation shall be served upon the licensee as provided by Section 11505 of the Government Code. The licensee shall have all of the rights and privileges available as specified in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. However, if the licensee requests a hearing on the accusation, the board shall provide the licensee with a hearing within 30 days of the request and a decision within 15 days of the date the decision is received from the administrative law judge, or the court may nullify the restraining order previously issued. Any restraining order issued pursuant to this section shall be dissolved by operation of law at the time the board’s decision is subject to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.
(e)
The remedy provided for in this section shall be in addition to, and not a limitation upon, the authority provided by any other provision of this code.
Cal. Business and Professions Code - BPC § 125.8. Section 125.8.
In addition to the remedy provided for in Section 125.5, the superior court for the county in which any licensee licensed under Division 3 (commencing with Section 5000) or Chapter 2 (commencing with Section 18600) or Chapter 3 (commencing with Section 19000) of Division 8 has engaged or is about to engage in any act which constitutes a violation of a chapter of this code administered or enforced by a board referred to in Division 3 (commencing with Section 5000) or Chapter 2 (commencing with Section 18600) or Chapter 3 (commencing with Section 19000) of Division 8 may, upon a petition filed by the board and accompanied by an affidavit or affidavits in support thereof and a memorandum of points and authorities, issue a temporary restraining order or other appropriate order restraining the licensee from engaging in the business or profession for which the person is licensed or from any part thereof, in accordance with the provisions of this section.
(a)
If the affidavits in support of the petition show that the licensee has engaged or is about to engage in acts or omissions constituting a violation of a chapter of this code and if the court is satisfied that permitting the licensee to continue to engage in the business or profession for which the license was issued will endanger the public health, safety, or welfare, the court may issue an order temporarily restraining the licensee from engaging in the profession for which he is licensed.
(b)
Such order may not be issued without notice to the licensee unless it appears from facts shown by the affidavits that serious injury would result to the public before the matter can be heard on notice.
(c)
Except as otherwise specifically provided by this section, proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.
(d)
When a restraining order is issued pursuant to this section, or within a time to be allowed by the superior court, but in any case not more than 30 days after the restraining order is issued, an accusation shall be filed with the board pursuant to Section 11503 of the Government Code. The accusation shall be served upon the licensee as provided by Section 11505 of the Government Code. The licensee shall have all of the rights and privileges available as specified in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code; however, if the licensee requests a hearing on the accusation, the board must provide the licensee with a hearing within 30 days of the request and a decision within 15 days of the date of the conclusion of the hearing, or the court may nullify the restraining order previously issued. Any restraining order issued pursuant to this section shall be dissolved by operation of law at such time the board’s decision is subject to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.
Cal. Business and Professions Code - BPC § 125.9. Section 125.9.
(a)
A board, bureau, or commission within the department, the State Board of Chiropractic Examiners, and the Osteopathic Medical Board of California, may establish, by regulation, a system for the issuance to a licensee of a citation which may contain an order of abatement or an order to pay an administrative fine assessed by the board, bureau, or commission where the licensee is in violation of the applicable licensing act or any regulation adopted pursuant thereto.
(b)
The system shall contain the following provisions:
(1)
Citations shall be in writing and shall describe with particularity the nature of the violation, including specific reference to the provision of law determined to have been
violated.
(2)
Whenever appropriate, the citation shall contain an order of abatement fixing a reasonable time for abatement of the violation.
(3)
In no event shall the administrative fine assessed by the board, bureau, or commission exceed five thousand dollars ($5,000) for each inspection or each investigation made with respect to the violation, or five thousand dollars ($5,000) for each violation or count if the violation involves fraudulent billing submitted to an insurance company, the Medi-Cal program, or Medicare. In assessing a fine, the board, bureau, or commission shall give due consideration to the appropriateness of the amount of the fine with respect to factors such as the gravity of the violation, the good faith of the licensee, and the history of previous violations.
(4)
A citation or fine assessment
issued pursuant to a citation shall inform the licensee that if the licensee desires a hearing to contest the finding of a violation, that hearing shall be requested by written notice to the board, bureau, or commission within 30 days of the date of issuance of the citation or assessment. If a hearing is not requested pursuant to this section, payment of any fine shall not constitute an admission of the violation charged. Hearings shall be held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(5)
Failure of a licensee to pay a fine or comply with an order of abatement, or both, within 30 days of the date of assessment or order, unless the citation is being appealed, may result in disciplinary action being taken by the board, bureau, or commission. Where a citation is not contested and a fine is not paid, the full amount of the assessed fine shall be added to the fee for renewal of
the license. A license shall not be renewed without payment of the renewal fee and fine.
(c)
The system may contain the following provisions:
(1)
A citation may be issued without the assessment of an administrative fine.
(2)
Assessment of administrative fines may be limited to only particular violations of the applicable licensing act.
(d)
Notwithstanding any other provision of law, if a fine is paid to satisfy an assessment based on the finding of a violation, payment of the fine and compliance with the order of abatement, if applicable, shall be represented as satisfactory resolution of the matter for purposes of public disclosure.
(e)
Administrative fines collected pursuant to this
section shall be deposited in the special fund of the particular board, bureau, or commission.
Cal. Business and Professions Code - BPC § 126. Section 126.
Notwithstanding any other provision of this code, any board, commission, examining committee, or other similarly constituted agency within the department required prior to the effective date of this section to submit reports to the Governor under any provision of this code shall not be required to submit such reports.
Cal. Business and Professions Code - BPC § 127. Section 127.
Notwithstanding any other provision of this code, the director may require such reports from any board, commission, examining committee, or other similarly constituted agency within the department as the director deems reasonably necessary on any phase of their operations.
Cal. Business and Professions Code - BPC § 128. Section 128.
Notwithstanding any other provision of law, it is a misdemeanor to sell equipment, supplies, or services to any person with knowledge that the equipment, supplies, or services are to be used in the performance of a service or contract in violation of the licensing requirements of this code.
The provisions of this section shall not be applicable to cash sales of less than one hundred dollars ($100).
For the purposes of this section, “person” includes, but is not limited to, a company, partnership, limited liability company, firm, or corporation.
For the purposes of this section, “license” includes certificate or registration.
A violation of this section shall be punishable by a fine of not less than one thousand dollars ($1,000) and by imprisonment in the county jail not exceeding six months.
Cal. Business and Professions Code - BPC § 128.5. Section 128.5.
(a)
Notwithstanding any other provision of law, if at the end of any fiscal year, an agency within the Department of Consumer Affairs, except the agencies referred to in subdivision (b), has unencumbered funds in an amount that equals or is more than the agency’s operating budget for the next two fiscal years, the agency shall reduce license or other fees, whether the license or other fees be fixed by statute or may be determined by the agency within limits fixed by statute, during the following fiscal year in an amount that will reduce any surplus funds of the agency to an amount less than the agency’s operating budget for the next two fiscal years.
(b)
Notwithstanding any other provision of law, if at the end of any fiscal
year, the California Architects Board, the Board of Behavioral Sciences, the Veterinary Medical Board, the Court Reporters Board of California, the Medical Board of California, the Board of Vocational Nursing and Psychiatric Technicians, or the Bureau of Security and Investigative Services has unencumbered funds in an amount that equals or is more than the agency’s operating budget for the next two fiscal years, the agency shall reduce license or other fees, whether the license or other fees be fixed by statute or may be determined by the agency within limits fixed by statute, during the following fiscal year in an amount that will reduce any surplus funds of the agency to an amount less than the agency’s operating budget for the next two fiscal years.
Cal. Business and Professions Code - BPC § 129. Section 129.
(a)
As used in this section, “board” means every board, bureau, commission, committee, and similarly constituted agency in the department that issues licenses.
(b)
Each board shall, upon receipt of any complaint respecting an individual licensed by the board, notify the complainant of the initial administrative action taken on the complainant’s complaint within 10 days of receipt. Each board shall notify the complainant of the final action taken on the complainant’s complaint. There shall be a notification made in every case in which the complainant is known. If the complaint is not within the jurisdiction of the board or if the board is unable to dispose satisfactorily of the complaint, the
board shall transmit the complaint together with any evidence or information it has concerning the complaint to the agency, public or private, whose authority in the opinion of the board will provide the most effective means to secure the relief sought. The board shall notify the complainant of this action and of any other means that may be available to the complainant to secure relief.
(c)
The board shall, when the board deems it appropriate, notify the person against whom the complaint is made of the nature of the complaint, may request appropriate relief for the complainant, and may meet and confer with the complainant and the licensee in order to mediate the complaint. Nothing in this subdivision shall be construed as authorizing or requiring any board to set or to modify any fee charged by a licensee.
(d)
It shall be the continuing duty of the board to ascertain patterns of complaints and to report on all actions taken with respect to those patterns of complaints to the director and to the Legislature at least once per year. The board shall evaluate those complaints dismissed for lack of jurisdiction or no violation and recommend to the director and to the Legislature at least once per year the statutory changes it deems necessary to implement the board’s functions and responsibilities under this section.
(e)
It shall be the continuing duty of the board to take whatever action it deems necessary, with the approval of the director, to inform the public of its functions under this section.
(f)
Notwithstanding any other law, upon receipt of a child custody evaluation report
submitted to a court pursuant to Chapter 6 (commencing with Section 3110) of Part 2 of Division 8 of the Family Code, the board shall notify the noncomplaining party in the underlying custody dispute, who is a subject of that report, of the pending investigation.
Cal. Business and Professions Code - BPC § 130. Section 130.
(a)
Notwithstanding any other law, the term of office of any member of an agency designated in subdivision (b) shall be for a term of four years expiring on June 1.
(b)
Subdivision (a) applies to the following boards or committees:
(1)
The Medical Board of California.
(2)
The Podiatric Medical Board of California.
(3)
The Physical Therapy Board of California.
(4)
The Board of Registered Nursing, except as provided in subdivision (c) of Section 2703.
(5)
The Board of Vocational Nursing and Psychiatric Technicians.
(6)
The California State Board of Optometry.
(7)
The California State Board of Pharmacy.
(8)
The Veterinary Medical Board.
(9)
The California Architects Board.
(10)
The Landscape Architect Technical Committee.
(11)
The Contractors State License Board.
(12)
The Board of Behavioral Sciences.
(13)
The Court Reporters Board of California.
(14)
The State Athletic
Commission.
(15)
The Osteopathic Medical Board of California.
(16)
The Respiratory Care Board of California.
(17)
The Acupuncture Board.
(18)
The Board of Psychology.
(19)
The Structural Pest Control Board.
Cal. Business and Professions Code - BPC § 131. Section 131.
Notwithstanding any other provision of law, no member of an agency designated in subdivision (b) of Section 130 or member of a board, commission, committee, or similarly constituted agency in the department shall serve more than two consecutive full terms.
Cal. Business and Professions Code - BPC § 132. Section 132.
No board, commission, examining committee, or any other agency within the department may institute or join any legal action against any other agency within the state or federal government without the permission of the director.
Prior to instituting or joining in a legal action against an agency of the state or federal government, a board, commission, examining committee, or any other agency within the department shall present a written request to the director to do so.
Within 30 days of receipt of the request, the director shall communicate the director’s approval or denial of the request and the director’s reasons for approval or denial to the
requesting agency in writing. If the director does not act within 30 days, the
request shall be deemed approved.
A requesting agency within the department may override the director’s denial of its request to institute or join a legal action against a state or federal agency by a two-thirds vote of the members of the board, commission, examining committee, or other agency, which vote shall include the vote of at least one public member of that board, commission, examining committee, or other agency.
Cal. Business and Professions Code - BPC § 134. Section 134.
When the term of any license issued by any agency in the department exceeds one year, initial license fees for licenses which are issued during a current license term shall be prorated on a yearly basis.
Cal. Business and Professions Code - BPC § 135. Section 135.
No agency in the department shall, on the basis of an applicant’s failure to successfully complete prior examinations, impose any additional limitations, restrictions, prerequisites, or requirements on any applicant who wishes to participate in subsequent examinations except that any examining agency which allows an applicant conditional credit for successfully completing a divisible part of an examination may require that an applicant be reexamined in those parts successfully completed if such applicant has not successfully completed all parts of the examination within a required period of time established by the examining agency. Nothing in this section, however, requires the exemption of such applicant from the regular fees and requirements normally associated with examinations.
Cal. Business and Professions Code - BPC § 135.4. Section 135.4.
(a)
Notwithstanding any other law, a board within the department shall expedite, and may assist, the initial licensure process for an applicant who supplies satisfactory evidence to the board that they have been admitted to the United States as a refugee under Section 1157 of Title 8 of the United States Code, have been granted asylum by the Secretary of Homeland Security or the Attorney General of the United States pursuant to Section 1158 of Title 8 of the United States Code, or they have a special immigrant visa (SIV) that has been granted a status under Section 1244 of Public Law 110-181, under Public Law 109-163, or under Section 602(b) of Title VI of Division F of Public Law 111-8.
(b)
Nothing in this section shall be construed as changing existing licensure requirements. A person applying for expedited licensure under subdivision (a) shall meet all applicable statutory and regulatory licensure requirements.
(c)
A board may adopt regulations necessary to administer this section.
(d)
For purposes of this section, “applicant” refers to an applicant for an individual license and does not refer to applicants for business or entity licenses.
Cal. Business and Professions Code - BPC § 135.5. Section 135.5.
(a)
The Legislature finds and declares that it is in the best interests of the State of California to provide persons who are not lawfully present in the United States with the state benefits provided by all licensing acts of entities within the department, and therefore enacts this section pursuant to subsection (d) of Section 1621 of Title 8 of the United States Code.
(b)
Notwithstanding subdivision (a) of Section 30, and except as required by subdivision (e) of Section 7583.23, no entity within the department shall deny licensure to an applicant based on his or her citizenship status or immigration status.
(c)
Every board within the
department shall implement all required regulatory or procedural changes necessary to implement this section no later than January 1, 2016. A board may implement the provisions of this section at any time prior to January 1, 2016.
Cal. Business and Professions Code - BPC § 136. Section 136.
(a)
Each person holding a license, certificate, registration, permit, or other authority to engage in a profession or occupation issued by a board within the department shall notify the issuing board at its principal office of any change in the person’s mailing address within 30 days after the change, unless the board has specified by regulations a shorter time period.
(b)
Except as otherwise provided by law, failure of a licensee to comply with the requirement in subdivision (a) constitutes grounds for the issuance of a citation and administrative fine, if the board has the authority to issue citations and administrative fines.
Cal. Business and Professions Code - BPC § 137. Section 137.
Any agency within the department may promulgate regulations requiring licensees to include their license numbers in any advertising, soliciting, or other presentments to the public.
However, nothing in this section shall be construed to authorize regulation of any person not a licensee who engages in advertising, solicitation, or who makes any other presentment to the public on behalf of a licensee. Such a person shall incur no liability pursuant to this section for communicating in any advertising, soliciting, or other presentment to the public a licensee’s license number exactly as provided by the licensee or for failure to communicate such number if none is provided by the
licensee.
Cal. Business and Professions Code - BPC § 138. Section 138.
Every board in the department, as defined in Section 22, shall initiate the process of adopting regulations on or before June 30, 1999, to require its licensees, as defined in Section 23.8, to provide notice to their clients or customers that the practitioner is licensed by this state. A board shall be exempt from the requirement to adopt regulations pursuant to this section if the board has in place, in statute or regulation, a requirement that provides for consumer notice of a practitioner’s status as a licensee of this state.
Cal. Business and Professions Code - BPC § 139. Section 139.
(a)
The Legislature finds and declares that occupational analyses and examination validation studies are fundamental components of licensure programs. It is the intent of the Legislature that the policy developed by the department pursuant to subdivision (b) be used by the fiscal, policy, and sunset review committees of the Legislature in their annual reviews of these boards, programs, and bureaus.
(b)
Notwithstanding any other provision of law, the department shall develop, in consultation with the boards, programs, bureaus, and divisions under its jurisdiction, and the Osteopathic Medical Board of California and the State Board of Chiropractic Examiners, a policy regarding examination development and validation, and
occupational analysis. The department shall finalize and distribute this policy by September 30, 1999, to each of the boards, programs, bureaus, and divisions under its jurisdiction and to the Osteopathic Medical Board of California and the State Board of Chiropractic Examiners. This policy shall be submitted in draft form at least 30 days prior to that date to the appropriate fiscal, policy, and sunset review committees of the Legislature for review. This policy shall address, but shall not be limited to, the following issues:
(1)
An appropriate schedule for examination validation and occupational analyses, and circumstances under which more frequent reviews are appropriate.
(2)
Minimum requirements for psychometrically sound examination validation, examination development, and occupational analyses, including standards for sufficient number of test items.
(3)
Standards for review of state and national examinations.
(4)
Setting of passing standards.
(5)
Appropriate funding sources for examination validations and occupational analyses.
(6)
Conditions under which boards, programs, and bureaus should use internal and external entities to conduct these reviews.
(7)
Standards for determining appropriate costs of reviews of different types of examinations, measured in terms of hours required.
(8)
Conditions under which it is appropriate to fund permanent and limited term positions within a board, program, or bureau to manage these reviews.
(c)
Every regulatory board and bureau, as defined in Section 22, and every program and bureau administered by the department, the Osteopathic Medical Board of California, and the State Board of Chiropractic Examiners, shall submit to the director on or before December 1, 1999, and on or before December 1 of each subsequent year, its method for ensuring that every licensing examination administered by or pursuant to contract with the board is subject to periodic evaluation. The evaluation shall include (1) a description of the occupational analysis serving as the basis for the examination; (2) sufficient item analysis data to permit a psychometric evaluation of the items; (3) an assessment of the appropriateness of prerequisites for admittance to the examination; and (4) an estimate of the costs and personnel required to perform these functions. The evaluation shall be revised and a new evaluation submitted to the director whenever, in the judgment of
the board, program, or bureau, there is a substantial change in the examination or the prerequisites for admittance to the examination.
(d)
The evaluation may be conducted by the board, program, or bureau, the Office of Professional Examination Services of the department, the Osteopathic Medical Board of California, or the State Board of Chiropractic Examiners or pursuant to a contract with a qualified private testing firm. A board, program, or bureau that provides for development or administration of a licensing examination pursuant to contract with a public or private entity may rely on an occupational analysis or item analysis conducted by that entity. The department shall compile this information, along with a schedule specifying when examination validations and occupational analyses shall be performed, and submit it to the appropriate fiscal, policy, and sunset review committees of the Legislature by September 30 of each year. It is the
intent of the Legislature that the method specified in this report be consistent with the policy developed by the department pursuant to subdivision (b).
Cal. Business and Professions Code - BPC § 139.5. Section 139.5.
Beginning July 1, 2021, each board, as defined in Section 22, within the department that issues a license shall do both of the following on at least a quarterly basis:
(a)
Prominently display on its internet website one of the following:
(1)
The current average timeframes for processing initial and renewal license applications.
(2)
The combined current average timeframe for processing both initial and renewal license applications.
(b)
Prominently display on its internet website one of the following:
(1)
The current average timeframes for processing each license type that the board administers.
(2)
The combined current average timeframe for processing all license types that the board administers.
Cal. Business and Professions Code - BPC § 140. Section 140.
Any board, as defined in Section 22, which is authorized under this code to take disciplinary action against a person who holds a license may take disciplinary action upon the ground that the licensee has failed to record and preserve for not less than three years, any and all cash transactions involved in the payment of employee wages by a licensee. Failure to make these records available to an authorized representative of the board may be made grounds for disciplinary action. In any action brought and sustained by the board which involves a violation of this section and any regulation adopted thereto, the board may assess the licensee with the actual investigative costs incurred, not to exceed two thousand five hundred dollars ($2,500). Failure to pay those costs may result in revocation of the license. Any moneys collected pursuant to this section shall be deposited in the respective fund of the board.
Cal. Business and Professions Code - BPC § 141. Section 141.
(a)
For any licensee holding a license issued by a board under the jurisdiction of the department, a disciplinary action taken by another state, by any agency of the federal government, or by another country for any act substantially related to the practice regulated by the California license, may be a ground for disciplinary action by the respective state licensing board. A certified copy of the record of the disciplinary action taken against the licensee by another state, an agency of the federal government, or another country shall be conclusive evidence of the events related therein.
(b)
Nothing in this section shall preclude a board from applying a specific statutory provision in the licensing act administered by that board that provides for discipline based upon a disciplinary action taken against the licensee by another state, an agency of the federal government, or another country.
Cal. Business and Professions Code - BPC § 142. Section 142.
This section shall apply to the bureaus and programs under the direct authority of the director, and to any board that, with the prior approval of the director, elects to have the department administer one or more of the licensing services set forth in this section.
(a)
Notwithstanding any other provision of law, each bureau and program may synchronize the renewal dates of licenses granted to applicants with more than one license issued by the bureau or program. To the extent practicable, fees shall be prorated or adjusted so that no applicant shall be required to pay a greater or lesser fee than he or she would have been required to pay if the change in renewal dates had not occurred.
(b)
Notwithstanding any other provision of law, the abandonment date for an application that has been returned to the applicant as incomplete shall be 12 months from the date of returning the application.
(c)
Notwithstanding any other provision of law, a delinquency, penalty, or late fee shall be assessed if the renewal fee is not postmarked by the renewal expiration date.
Cal. Business and Professions Code - BPC § 143. Section 143.
(a)
No person engaged in any business or profession for which a license is required under this code governing the department or any board, bureau, commission, committee, or program within the department, may bring or maintain any action, or recover in law or equity in any action, in any court of this state for the collection of compensation for the performance of any act or contract for which a license is required without alleging and proving that he or she was duly licensed at all times during the performance of that act or contract, regardless of the merits of the cause of action brought by the person.
(b)
The judicial doctrine of substantial compliance shall not apply to this section.
(c)
This section shall not apply to an act or contract that is considered to qualify as lawful practice of a licensed occupation or profession pursuant to Section 121.
Cal. Business and Professions Code - BPC § 143.5. Section 143.5.
(a)
No licensee who is regulated by a board, bureau, or program within the Department of Consumer Affairs, nor an entity or person acting as an authorized agent of a licensee, shall include or permit to be included a provision in an agreement to settle a civil dispute, whether the agreement is made before or after the commencement of a civil action, that prohibits the other party in that dispute from contacting, filing a complaint with, or cooperating with the department, board, bureau, or program within the Department of Consumer Affairs that regulates the licensee or that requires the other party to withdraw a complaint from the department, board,
bureau, or program within the Department of Consumer Affairs that regulates the licensee. A provision of that nature is void as against public policy, and any licensee who includes or permits to be included a provision of that nature in a settlement agreement is subject to disciplinary action by the board, bureau, or program.
(b)
Any board, bureau, or program within the Department of Consumer Affairs that takes disciplinary action against a licensee or licensees based on a complaint or report that has also been the subject of a civil action and that has been settled for monetary damages providing for full and final satisfaction of the parties may not require its licensee or licensees to pay any additional sums to the benefit of any plaintiff in the civil
action.
(c)
As used in this section, “board” shall have the same meaning as defined in Section 22, and “licensee” means a person who has been granted a license, as that term is defined in Section 23.7.
(d)
Notwithstanding any other law, upon granting a petition filed by a licensee or authorized agent of a licensee pursuant to Section 11340.6 of the Government Code, a board, bureau, or program within the Department of Consumer Affairs may, based upon evidence and legal authorities cited in the petition, adopt a regulation that does both of the following:
(1)
Identifies a code section or jury instruction in
a civil cause of action that has no relevance to the board’s, bureau’s, or program’s enforcement responsibilities such that an agreement to settle such a cause of action based on that code section or jury instruction otherwise prohibited under subdivision (a) will not impair the board’s, bureau’s, or program’s duty to protect the public.
(2)
Exempts agreements to settle such a cause of action from the requirements of subdivision (a).
(e)
This section shall not apply to a licensee subject to Section 2220.7.
Cal. Business and Professions Code - BPC § 144. Section 144.
(a)
Notwithstanding any other law, an agency designated in subdivision (b) shall require an applicant to furnish to the agency a full set of fingerprints for purposes of conducting criminal history record checks. Any agency designated in subdivision (b) may obtain and receive, at its discretion, criminal history information from the Department of Justice and the United States Federal Bureau of Investigation.
(b)
Subdivision (a) applies to the following:
(1)
California Board of Accountancy.
(2)
State Athletic Commission.
(3)
Board of Behavioral Sciences.
(4)
Court Reporters Board of California.
(5)
Dental Board of California.
(6)
California State Board of Pharmacy.
(7)
Board of Registered Nursing.
(8)
California Veterinary Medical Board.
(9)
Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(10)
Respiratory Care Board of California.
(11)
Physical Therapy Board of California.
(12)
Physician Assistant Board.
(13)
Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(14)
Medical Board of California.
(15)
California State Board of Optometry.
(16)
Acupuncture Board.
(17)
Cemetery and Funeral Bureau.
(18)
Bureau of Security and Investigative Services.
(19)
Division of Investigation.
(20)
Board of Psychology.
(21)
California Board of Occupational Therapy.
(22)
Structural Pest Control Board.
(23)
Contractors State License Board.
(24)
California Board of Naturopathic Medicine.
(25)
Professional Fiduciaries Bureau.
(26)
Board for Professional Engineers, Land Surveyors, and Geologists.
(27)
Podiatric Medical Board of California.
(28)
Osteopathic Medical Board of California.
(29)
California Architects Board, beginning January 1, 2021.
(30)
Landscape Architects Technical Committee, beginning January 1, 2022.
(31)
Bureau of Household Goods and Services with respect to household movers as described in Chapter 3.1 (commencing with Section 19225) of Division 8.
(32)
State Board of Chiropractic Examiners.
(c)
For purposes of paragraph (26) of subdivision (b), the term “applicant” shall be limited to an initial applicant who has never been registered or licensed by the board or to an applicant for a new licensure or registration category.
Cal. Business and Professions Code - BPC § 144.5. Section 144.5.
Notwithstanding any other law, a board described in Section 144 may request, and is authorized to receive, from a local or state agency certified records of all arrests and convictions, certified records regarding probation, and any and all other related documentation needed to complete an applicant or licensee investigation. A local or state agency may provide those records to the board upon request.
Cal. Business and Professions Code - BPC § 144.6. Section 144.6.
(a)
For purposes of Section 668.14 of Title 34 of the Code of Federal Regulations, the required minimum number of hours, or the equivalent, established in this state for education programs that qualify persons for any license issued by a board within the department shall be equal to the number of clock or credit hours, or the equivalent, that the education program provides as of the effective date of this section.
(b)
For an education program approved by a board within the department as of the effective date of this section that submits to the applicable board, no later than July 1, 2026, a request to modify the program to reduce the program clock or credit hours, or the equivalent, the applicable board shall, no later than January 1, 2027,
complete its review of the requested modification.
(c)
This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
Cal. Business and Professions Code - BPC § 144.7. Section 144.7.
(a)
For purposes of any code or statute, a national or regional accrediting agency recognized by the United States Department of Education as of January 1, 2025, shall retain that recognition until July 1, 2029, provided that the accrediting agency continues to operate in substantially the same manner as it did on January 1, 2025.
(b)
This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026