Licensee - Department Of Consumer Affairs - Business & Professions - CA

Section § 460

This law makes it clear that cities and counties in California cannot stop people or groups, who are authorized by the Department of Consumer Affairs or similar entities, from carrying out their licensed business activities. Specifically, healing arts professionals can perform tasks within their official scope of practice, unless restricted by pre-2010 local laws. However, local governments can still enforce zoning and business regulations or levy taxes for revenue or regulatory purposes.

(a) No city, county, or city and county shall prohibit a person or group of persons, authorized by one of the agencies in the Department of Consumer Affairs or an entity established pursuant to this code by a license, certificate, or other means to engage in a particular business, from engaging in that business, occupation, or profession or any portion of that business, occupation, or profession.

(b)

(1) No city, county, or city and county shall prohibit a healing arts professional licensed with the state under Division 2 (commencing with Section 500) or licensed or certified by an entity established pursuant to this code from engaging in any act or performing any procedure that falls within the professionally recognized scope of practice of that licensee.

(2) This subdivision shall not be construed to prohibit the enforcement of a local ordinance in effect prior to January 1, 2010, related to any act or procedure that falls within the professionally recognized scope of practice of a healing arts professional licensed under Division 2 (commencing with Section 500).

(c) This section shall not be construed to prevent a city, county, or city and county from adopting or enforcing any local ordinance governing zoning, business licensing, or reasonable health and safety requirements for establishments or businesses of a healing arts professional licensed under Division 2 (commencing with Section 500) or licensed or certified by an entity established under this code or a person or group of persons described in subdivision (a).

(d) Nothing in this section shall prohibit any city, county, or city and county from levying a business license tax solely for revenue purposes, nor any city or county from levying a license tax solely for the purpose of covering the cost of regulation.

Department of Consumer Affairs healing arts professionals scope of practice

Section § 461

This rule prevents any state or local government agency in California from asking about an arrest record on initial license, certificate, or registration applications if the arrest did not lead to a conviction or a "nolo contendere" plea, which is like not contesting a charge. If an agency breaks this rule, it's considered a misdemeanor. This applies to various licenses and registrations under different laws like education or insurance.

No public agency, state or local, shall, on an initial application form for any license, certificate or registration, ask for or require the applicant to reveal a record of arrest that did not result in a conviction or a plea of nolo contendere. A violation of this section is a misdemeanor.

This section shall apply in the case of any license, certificate or registration provided for by any law of this state or local government, including, but not limited to, this code, the Corporations Code, the Education Code, and the Insurance Code.

initial application forms license application arrest record

Section § 462

This law allows certain professional boards in California to create an inactive license for people not currently practicing their profession. Holders of inactive licenses cannot perform tasks needing a license, must renew them at the same time as active ones, and they don't need to complete continuing education for renewal. Fees for renewing both active and inactive licenses are usually the same, unless changed by the board. To switch back to an active license, inactive holders must pay a renewal fee and possibly complete further education if required. This doesn't apply to healing arts boards.

(a) Any of the boards, bureaus, commissions, or programs within the department may establish, by regulation, a system for an inactive 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 provisions:

(1) The holder of an inactive license issued pursuant to this section shall not engage in any activity for which a license is required.

(2) An inactive license issued pursuant to this section shall be renewed during the same time period in which an active license is renewed. The holder of an inactive license need not comply with any continuing education requirement for renewal of an active license.

(3) The renewal fee for a license in an active status shall apply also for a renewal of a license in an inactive status, unless a lesser renewal fee is specified by the board.

(4) In order for the holder of an inactive license issued pursuant to this section to restore his or her license to an active status, the holder of an inactive license shall comply with all the following:

(A) Pay the renewal fee.

(B) 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.

(c) This section shall not apply to any healing arts board as specified in Section 701.

inactive license professional boards continuing education

Section § 464

This law allows professional boards to create a special 'retired license' category for people who are no longer actively working in their field. To get this license, you must already have either an active or inactive license that wasn't inactive for disciplinary reasons. If you have a retired license, you can't practice your profession unless specific conditions are set by the board. You don't need to renew a retired license, but there is a fee to apply for one. If you want to go back to an active license, you'll need to pay a fee, prove you haven't committed crimes that would disqualify you, submit fingerprints, and possibly complete continuing education requirements. Even if you have a retired or other restricted license, the board can still investigate any complaints against you. Lastly, the rules about retired licenses don't apply to boards that already have their own rules for this kind of license.

(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.

retired license inactive status practice restrictions