Public Members - - CA Business And Professions

Section § 450

This law section outlines restrictions on who can be a public or lay member of a board related to licensed services. Specifically, it prohibits people with significant recent connections to licensees—such as being employers, having substantial contracts, or being employees—from serving on these boards. Minor relationships, such as infrequent employment or small customer interactions, are allowed, as long as they don't account for more than 2% of the licensee's business.

In addition to the qualifications provided in the respective chapters of this code, a public member or a lay member of any board shall not be, nor shall they have been within the period of five years immediately preceding their appointment, any of the following:

(a) An employer, or an officer, director, or substantially full-time representative of an employer or group of employers, of any licensee of a board, except that this subdivision shall not preclude the appointment of a person who maintains infrequent employer status with a licensee, or maintains a client, patient, or customer relationship with a licensee that does not constitute more than 2 percent of the practice or business of the licensee.

(b) A person maintaining a contractual relationship with a licensee of a board that would constitute more than 2 percent of the practice or business of the licensee, or an officer, director, or substantially full-time representative of that person or group of persons.

(c) An employee of a licensee of a board, or a representative of the employee, except that this subdivision shall not preclude the appointment of a person who maintains an infrequent employee relationship or renders professional or related services to a licensee if the employment or service does not constitute more than 2 percent of the employment or practice of the member of the board.

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(Amended by Stats. 2019, Ch. 351, Sec. 48. (AB 496) Effective January 1, 2020.)

Section § 450.2

This law is about preventing conflicts of interest on certain boards. If you're a public member, you can't be someone who has a license from that board, either now or in the past. Also, you can't be closely related to anyone who has a license from that board.

In order to avoid a potential for a conflict of interest, a public member of a board shall not:

(a) Be a current or past licensee of that board.

(b) Be a close family member of a licensee of that board.

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(Added by Stats. 2002, Ch. 1150, Sec. 1.2. Effective January 1, 2003.)

Section § 450.3

This law states that if you are a public member of a board, commission, or committee, you cannot have any financial ties or interests in an organization that the group regulates both at the time you're appointed and while you're serving your term.

No public member shall either at the time of their appointment or during their tenure in office have any financial interest in any organization subject to regulation by the board, commission, or committee of which they are a member.

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(Amended by Stats. 2019, Ch. 351, Sec. 49. (AB 496) Effective January 1, 2020.)

Section § 450.5

This law states that if you're chosen as a public or lay member of a board, you should not have worked in or represented the industry that the board oversees for at least five years before joining. Also, you can't work in or represent that industry while serving on the board.

A public member, or a lay member, at any time within five years immediately preceding his or her appointment, shall not have been engaged in pursuits which lie within the field of the industry or profession, or have provided representation to the industry or profession, regulated by the board of which he or she is a member, nor shall he or she engage in those pursuits or provide that representation during his or her term of office.

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(Amended by Stats. 2003, Ch. 563, Sec. 2. Effective January 1, 2004.)

Section § 450.6

This law allows for the appointment of a public member without considering their age, as long as they are legally an adult when appointed.

Notwithstanding any other section of law, a public member may be appointed without regard to age so long as the public member has reached the age of majority prior to appointment.

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(Added by Stats. 1976, Ch. 1188.)

Section § 451

This law explains that if a board assigns a job to one member, they shouldn't choose a public or non-professional member for tasks like creating or grading exams, or investigating professionals and their practices. However, these members can help with policy decisions, approve or modify actions, and be part of subcommittees with other board members.

If any board shall as a part of its functions delegate any duty or responsibility to be performed by a single member of such board, such delegation shall not be made solely to any public member or any lay member of the board in any of the following instances:

(a) The actual preparation of, the administration of, and the grading of, examinations.

(b) The inspection or investigation of licentiates, the manner or method of practice or doing business, or their place of practice or business.

Nothing in this section shall be construed as precluding a public member or a lay member from participating in the formation of policy relating to the scope of the activities set forth in subdivisions (a) and (b) or in the approval, disapproval or modification of the action of its individual members, nor preclude such member from participating as a member of a subcommittee consisting of more than one member of the board in the performance of any duty.

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(Added by Stats. 1961, Ch. 2232.)

Section § 452

This section clarifies that when the term "Board" is mentioned in this chapter, it refers to any group, such as a board, advisory board, commission, or committee, that has authority under this code.

“Board,” as used in this chapter, includes a board, advisory board, commission, examining committee, committee or other similarly constituted body exercising powers under this code.

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(Amended by Stats. 1976, Ch. 1188.)

Section § 453

If you're a new board member, you need to complete a training and orientation program within a year that teaches you about your duties and responsibilities. The department will set the rules for this program.

Every newly appointed board member shall, within one year of assuming office, complete a training and orientation program offered by the department regarding, among other things, his or her functions, responsibilities, and obligations as a member of a board. The department shall adopt regulations necessary to establish this training and orientation program and its content.

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(Added by Stats. 2002, Ch. 1150, Sec. 1.4. Effective January 1, 2003.)