Bill Text: CA AB186 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Professions and vocations: military spouses: temporary licenses.

Spectrum: Moderate Partisan Bill (Republican 12-3)

Status: (Passed) 2014-09-27 - Chaptered by Secretary of State - Chapter 640, Statutes of 2014. [AB186 Detail]

Download: California-2013-AB186-Amended.html

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BILL NUMBER: AB 186	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 24, 2013
	AMENDED IN ASSEMBLY  MAY 24, 2013
	AMENDED IN ASSEMBLY  APRIL 22, 2013
	AMENDED IN ASSEMBLY  APRIL 1, 2013

INTRODUCED BY   Assembly Member Maienschein
   (Principal coauthor: Assembly Member Hagman)
   (Coauthors: Assembly Members Chávez, Dahle, Donnelly, Beth Gaines,
 Garcia,  Grove, Harkey, Olsen,  and Patterson
  Patterson,   and V. Manuel Pérez  )
   (Coauthors: Senators Fuller and Huff)

                        JANUARY 28, 2013

   An act to  amend   add  Section 
115.5 of   115.6 to  the Business and Professions
Code, relating to professions and vocations, and making an
appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 186, as amended, Maienschein. Professions and vocations:
military spouses: temporary licenses.
   Existing law provides for the licensure and regulation of various
professions and vocations by boards within the Department of Consumer
Affairs. Existing law provides for the issuance of reciprocal
licenses in certain fields where the applicant, among other
requirements, has a license to practice within that field in another
jurisdiction, as specified. Existing law requires that the licensing
fees imposed by certain boards within the department be deposited in
funds that are continuously appropriated. Existing law requires a
board within the department to expedite the licensure process for an
applicant who holds a current license in another jurisdiction in the
same profession or vocation and who supplies satisfactory evidence of
being married to, or in a domestic partnership or other legal union
with, an active duty member of the Armed Forces of the United States
who is assigned to a duty station in California under official active
duty military orders. 
    This bill would, in addition to the expedited licensure
provisions described above, establish a temporary licensure process
for an applicant who holds a current license in another jurisdiction,
as specified, and who supplies satisfactory evidence of being
married to, or in a domestic partnership or other legal union with,
an active duty member of the Armed Forces of the United States who is
assigned to a duty station in California under official active duty
military orders. The bill would require the temporary license to
expire 12 months after issuance, upon issuance of the expedited
license, or upon denial of the application for expedited licensure by
the board, whichever occurs first.  
   This bill would require a board within the department to issue a
temporary license to an applicant who qualifies for, and requests,
expedited licensure pursuant to the above-described provision if he
or she meets specified requirements, except as provided. The bill
would require the temporary license to expire 12 months after
issuance, upon issuance of the expedited license, or upon denial of
the application for expedited licensure by the board, whichever
occurs first. The bill would authorize a board to conduct an
investigation of an applicant for purposes of denying or revoking a
temporary license, and would authorize a criminal background check as
part of that investigation. The 
    This  bill would require an applicant seeking a
temporary license to submit an application to the board that includes
a signed affidavit attesting to the fact that he or she meets all of
the requirements for the temporary license and that the information
submitted in the application is accurate, as specified. The bill
would also require the application to include written verification
from the applicant's original licensing jurisdiction stating that the
applicant's license is in good standing.  The bill would
authorize a board to conduct an investigation of an applicant for
purposes of denying or revoking a temporary license and would
authorize a criminal background check as part of that investigation.
The bill would require an applicant, upon request by a board, to
furnish a full set   of fingerprints for purposes of
conducting the criminal background check. 
   This bill would prohibit a temporary license from being provided
to any applicant who has committed an act in any jurisdiction that
would have constituted grounds for denial, suspension, or revocation
of the license at the time the act was committed. The bill would
provide that a violation of the above-described provision may be
grounds for the denial or revocation of a temporary license. The bill
would further prohibit a temporary license from being provided to
any applicant who has been disciplined by a licensing entity in
another jurisdiction, or is the subject of an unresolved complaint,
review procedure, or disciplinary proceeding conducted by a licensing
entity in another jurisdiction.  The bill would require an
applicant, upon request by a board, to furnish a full set of
fingerprints for purposes of conducting a criminal background check.
 
   This bill would authorize the immediate termination of any
temporary license to practice medicine upon a finding that the
temporary licenseholder failed to meet any of the requirements
described above or provided substantively inaccurate information that
would affect his or her eligibility for temporary licensure. The
bill would, upon termination of the license, require the board to
issue a notice of termination requiring the temporary licenseholder
to immediately cease the practice of medicine upon receipt. 

   This bill would exclude from these provisions a board that has
established a temporary licensing process before January 1, 2014.

   Because the bill would authorize the expenditure of continuously
appropriated funds for a new purpose, the bill would make an
appropriation.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 115.6 is added to the 
 Business and Professions Code   , to read:  
   115.6.  (a) A board within the department shall, after appropriate
investigation, issue a temporary license to an applicant if he or
she meets the requirements set forth in subdivision (c). The
temporary license shall expire 12 months after issuance, upon
issuance of an expedited license pursuant to Section 115.5, or upon
denial of the application for expedited licensure by the board,
whichever occurs first.
   (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 license in another state,
district, or territory of the United States in the profession or
vocation for which he or she 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 he or she
meets all of the requirements for the temporary license and that the
information submitted in the application is accurate, to the best of
his or her 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) The applicant shall, upon request by a board, furnish a full
set of fingerprints for purposes of conducting a criminal background
check.
   (d) A board may adopt regulations necessary to administer this
section.
   (e) A temporary license issued pursuant to this section for the
practice of medicine may be immediately terminated upon a finding
that the temporary licenseholder failed to meet any of the
requirements described in subdivision (c) or provided substantively
inaccurate information that would affect his or her 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 medicine
upon receipt.
   (f) This section shall not apply to a board that has established a
temporary licensing process before January 1, 2014.  
  SECTION 1.    Section 115.5 of the Business and
Professions Code is amended to read:
   115.5.  (a) Except as provided in subdivision (d), a board within
the department shall expedite the licensure process 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 he or she seeks a license from the board.
   (b) (1) A board shall, after appropriate investigation, issue a
temporary license to an applicant who is eligible for, and requests,
expedited licensure pursuant to subdivision (a) if the applicant
meets the requirements described in paragraph (3). The temporary
license shall expire 12 months after issuance, upon issuance of the
expedited license, or upon denial of the application for expedited
licensure by the board, whichever occurs first.
   (2) The board may conduct an investigation of an applicant for
purposes of denying or revoking a temporary license issued pursuant
to this subdivision. This investigation may include a criminal
background check.
   (3) (A) An applicant seeking a temporary license issued pursuant
to this subdivision shall submit an application to the board which
shall include a signed affidavit attesting to the fact that he or she
meets all of the requirements for the temporary license and that the
information submitted in the application is accurate, to the best of
his or her 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.
   (B) 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 subparagraph may be
grounds for the denial or revocation of a temporary license issued by
the board.
   (C) 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.
   (D) The applicant shall, upon request by a board, furnish a full
set of fingerprints for purposes of conducting a criminal background
check.
   (c)
    A board may adopt regulations necessary to administer this
section.
   (d) This section shall not apply to a board that has established a
temporary licensing process before January 1, 2014.