Bill Text: CA AB2859 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Professions and vocations: retired category: licenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-22 - Chaptered by Secretary of State - Chapter 473, Statutes of 2016. [AB2859 Detail]

Download: California-2015-AB2859-Chaptered.html

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BILL NUMBER: AB 2859	CHAPTERED
	BILL TEXT

	CHAPTER  473
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2016
	PASSED THE SENATE  AUGUST 23, 2016
	PASSED THE ASSEMBLY  AUGUST 29, 2016
	AMENDED IN SENATE  AUGUST 3, 2016
	AMENDED IN SENATE  JUNE 15, 2016

INTRODUCED BY   Assembly Member Low

                        FEBRUARY 19, 2016

   An act to add Section 464 to the Business and Professions Code,
relating to professions and vocations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2859, Low. Professions and vocations: retired category:
licenses.
   Existing law provides for numerous boards, bureaus, commissions,
or programs within the Department of Consumer Affairs that administer
the licensing and regulation of various businesses and professions.
Existing law authorizes any of the boards, bureaus, commissions, or
programs within the department, except as specified, to establish by
regulation a system for an inactive category of license for persons
who are not actively engaged in the practice of their profession or
vocation. Under existing law, the holder of an inactive license is
prohibited from engaging in any activity for which a license is
required. Existing law defines "board" for these purposes to include,
unless expressly provided otherwise, a bureau, commission,
committee, department, division, examining committee, program, and
agency.
   This bill would additionally authorize any of the boards within
the department to establish by regulation a system for a retired
category of license for persons who are not actively engaged in the
practice of their profession or vocation. The bill would require that
regulation to include specified provisions, including that a retired
license be issued to a person with either an active license or an
inactive license that was not placed on inactive status for
disciplinary reasons. The bill also would prohibit the holder of a
retired license from engaging in any activity for which a license is
required, unless the board, by regulation, specifies the criteria for
a retired licensee to practice his or her profession. The bill would
authorize a board upon its own determination, and would require a
board upon receipt of a complaint from any person, to investigate the
actions of any licensee, including, among others, a person with a
license that is retired or inactive. The bill would not apply to a
board that has other statutory authority to establish a retired
license.


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

  SECTION 1.  Section 464 is added to the Business and Professions
Code, to read:
   464.  (a) Any of the boards within the department may establish,
by regulation, a system for a retired category of licensure for
persons who are not actively engaged in the practice of their
profession or vocation.
   (b) The regulation shall contain the following:
   (1) A retired license shall be issued to a person with either an
active license or an inactive license that was not placed on inactive
status for disciplinary reasons.
   (2) The holder of a retired license issued pursuant to this
section shall not engage in any activity for which a license is
required, unless the board, by regulation, specifies the criteria for
a retired licensee to practice his or her profession or vocation.
   (3) The holder of a retired license shall not be required to renew
that license.
   (4) The board shall establish an appropriate application fee for a
retired license to cover the reasonable regulatory cost of issuing a
retired license.
   (5) In order for the holder of a retired license issued pursuant
to this section to restore his or her license to an active status,
the holder of that license shall meet all the following:
   (A) Pay a fee established by statute or regulation.
   (B) Certify, in a manner satisfactory to the board, that he or she
has not committed an act or crime constituting grounds for denial of
licensure.
   (C) Comply with the fingerprint submission requirements
established by regulation.
   (D) If the board requires completion of continuing education for
renewal of an active license, complete continuing education
equivalent to that required for renewal of an active license, unless
a different requirement is specified by the board.
   (E) Complete any other requirements as specified by the board by
regulation.
   (c) A board may upon its own determination, and shall upon receipt
of a complaint from any person, investigate the actions of any
licensee, including a person with a license that either restricts or
prohibits the practice of that person in his or her profession or
vocation, including, but not limited to, a license that is retired,
inactive, canceled, revoked, or suspended.
   (d) Subdivisions (a) and (b) shall not apply to a board that has
other statutory authority to establish a retired license.