Section § 100

Explanation

This part of the law establishes a Department of Consumer Affairs within the California state government, which is part of the Business, Consumer Services, and Housing Agency.

There is in the state government, in the Business, Consumer Services, and Housing Agency, a Department of Consumer Affairs.

Section § 101

Explanation

This section outlines the various boards and bureaus that make up a department, each specializing in different professions and industries in California. It includes boards for medical and dental professionals, architects, engineers, contractors, and more. Other areas covered are education, security, and consumer services. Basically, it's a list of all the professional regulatory bodies under this department's umbrella.

The department is comprised of the following:
(a)CA Business & Professions Code § 101(a) The Dental Board of California.
(b)CA Business & Professions Code § 101(b) The Medical Board of California.
(c)CA Business & Professions Code § 101(c) The California State Board of Optometry.
(d)CA Business & Professions Code § 101(d) The California State Board of Pharmacy.
(e)CA Business & Professions Code § 101(e) The Veterinary Medical Board.
(f)CA Business & Professions Code § 101(f) The California Board of Accountancy.
(g)CA Business & Professions Code § 101(g) The California Architects Board.
(h)CA Business & Professions Code § 101(h) The State Board of Barbering and Cosmetology.
(i)CA Business & Professions Code § 101(i) The Board for Professional Engineers, Land Surveyors, and Geologists.
(j)CA Business & Professions Code § 101(j) The Contractors State License Board.
(k)CA Business & Professions Code § 101(k) The Bureau for Private Postsecondary Education.
(l)CA Business & Professions Code § 101(l) The Bureau of Household Goods and Services.
(m)CA Business & Professions Code § 101(m) The Board of Registered Nursing.
(n)CA Business & Professions Code § 101(n) The Board of Behavioral Sciences.
(o)CA Business & Professions Code § 101(o) The State Athletic Commission.
(p)CA Business & Professions Code § 101(p) The Cemetery and Funeral Bureau.
(q)CA Business & Professions Code § 101(q) The Bureau of Security and Investigative Services.
(r)CA Business & Professions Code § 101(r) The Court Reporters Board of California.
(s)CA Business & Professions Code § 101(s) The Board of Vocational Nursing and Psychiatric Technicians.
(t)CA Business & Professions Code § 101(t) The Landscape Architects Technical Committee.
(u)CA Business & Professions Code § 101(u) The Division of Investigation.
(v)CA Business & Professions Code § 101(v) The Bureau of Automotive Repair.
(w)CA Business & Professions Code § 101(w) The Respiratory Care Board of California.
(x)CA Business & Professions Code § 101(x) The Acupuncture Board.
(y)CA Business & Professions Code § 101(y) The Board of Psychology.
(z)CA Business & Professions Code § 101(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.
(al) The Structural Pest Control Board.
(am) Any other boards, offices, or officers subject to its jurisdiction by law.

Section § 101.6

Explanation

This law is about ensuring that certain professions and businesses, which might impact public health and safety, are properly regulated. It sets the minimum skills and qualifications required for professionals to be licensed. The goal is to make sure they can safely serve the public. It also provides a system to handle complaints of bad behavior or illegal actions. If necessary, the department can discipline those who break the rules. Additionally, regular checks are conducted to ensure compliance with standards.

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.

Section § 101.7

Explanation

This law outlines that boards must meet at least twice a year, specifically once in northern California and once in southern California, to help the public and licensees participate. However, a director can exempt a board from this rule if they have a good reason. The director can also call a special meeting if a board is not doing its job. Agencies responsible for notifications must give people the choice to receive them by regular mail, email, or both, based on the recipient's preference. If a meeting is planned to be webcast, this should be stated in the meeting notice, though a webcast can still occur without prior notice.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 101.7(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)CA Business & Professions Code § 101.7(c) The director may call for a special meeting of the board when a board is not fulfilling its duties.
(d)CA Business & Professions Code § 101.7(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)CA Business & Professions Code § 101.7(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.

Section § 102

Explanation

This section explains that if a board that oversees a profession or occupation, which was created by an initiative, asks for help, the Director of Consumer Affairs can step in and manage the board, just like they do for similar boards. These boards are responsible for paying a fair share of the department's administration costs. Also, if a board uses specific government procedures for their hearings, the director needs to provide hearing officers to manage those hearings.

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.

Section § 102.3

Explanation

This law allows the Director of the Department of Consumer Affairs to work with another entity within the department when a board is no longer active. They can share responsibilities through an interagency agreement. The receiving entity can create a technical committee to manage the profession's rules and regulations. However, the committee can only handle tasks the entity gives it, and changes to regulations need the entity’s approval. The entity cannot give the committee the power to discipline licensees. The agreement lasts until the relevant licensing program is reviewed for its necessity, after which it can be renewed if needed.

(a)CA Business & Professions Code § 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)Copy CA Business & Professions Code § 102.3(b)
(1)Copy CA Business & Professions Code § 102.3(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)CA Business & Professions Code § 102.3(b)(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)CA Business & Professions Code § 102.3(b)(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)CA Business & Professions Code § 102.3(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.

Section § 103

Explanation

This law says that members of certain boards, commissions, or committees in California will be paid $100 per day for working on official duties. They will also get reimbursed for necessary travel and other expenses. However, these payments only come from the agency's existing funds, and the money must be available. Importantly, public officers or employees can't double dip; they can't get this per diem pay on a day when they also receive their regular public salary.

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.

Section § 104

Explanation
Health-related boards can make rules that require professionals to display their licenses where they work so patients know who to contact with questions or complaints. These rules can consider different work settings or situations where it's challenging to show license information.
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.

Section § 105

Explanation

People who serve on boards within the department must officially promise to fulfill their duties by taking an oath, as outlined in both the Constitution and another set of rules called the Government Code.

Members of boards in the department shall take an oath of office as provided in the Constitution and the Government Code.

Section § 105.5

Explanation

This section means that if you are a member of certain boards or committees within a particular department, you will stay in your role until your replacement is officially appointed and ready to serve. However, if a year passes after your term ends and there's still no new appointee, that's the cutoff and your service ends there.

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.

Section § 106

Explanation

The person who has the power to appoint board members can also remove them at any time if they fail to do their job, aren't competent, or act improperly or dishonorably. This rule doesn't limit other legal powers the appointing authority might have to remove board members.

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.

Section § 106.5

Explanation

The Governor of California can remove a member from a board or licensing group if they are caught revealing questions from an upcoming licensing exam to any applicant before or during the exam. The process for removal follows specific procedures outlined in the Government Code, and the Governor has full authority in these matters.

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.

Section § 107

Explanation

This law allows each board to hire someone for an important role called an executive officer, or sometimes a registrar, who doesn't have to go through the normal state hiring process. This hiring and salary must be approved by the Department of Human Resources.

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.

Section § 107.5

Explanation

If any board within the Department of Consumer Affairs uses an official seal, it needs to include the words 'State of California' and 'Department of Consumer Affairs' along with the board's title. The seal's design must be approved by the department's director.

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.

Section § 108

Explanation

Each board within the department acts independently and is responsible for setting standards, organizing meetings, conducting exams, reviewing applicants, investigating legal violations, issuing citations, holding hearings to revoke licenses, and imposing penalties, as permitted by law.

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.

Section § 108.5

Explanation

If you are a witness at an investigation or hearing conducted by a board, commission, or officer, you can be paid $12 for each day you attend and also cover your necessary expenses. However, this payment only comes from the board’s funds if they request your presence. If you appear voluntarily or at someone else's request, you won't be paid from these funds. The board will decide how much you should get and record it in their minutes.

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.

Section § 109

Explanation

This law describes the roles of the boards that set standards, conduct exams, and grant or revoke licenses, stating their decisions are mostly final. However, the director can investigate any misconduct in exams or licensing. If there's a belief that a board's actions break the law, the director can step in, potentially seeking legal action like a restraining order or asking for criminal charges. The director can enlist the Attorney General or another lawyer if needed for legal proceedings.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 109(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)CA Business & Professions Code § 109(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.

Section § 110

Explanation

This law states that a government department in California is responsible for managing and overseeing all the assets, resources, and property related to its activities. This includes records, offices, equipment, and funds. All property used by any part of the department is technically owned by the State of California. However, the department isn't allowed to control examination questions before they're given to test-takers unless a board approves it.

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.

Section § 111

Explanation
This law allows any board to appoint people called "commissioners on examination" to oversee examinations, as long as they are approved by the authority that makes appointments. These commissioners don't have to be board members, but they must meet the same qualification standards and follow the same rules as board members.
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.

Section § 112

Explanation

This section of the law states that most agencies under the department don't have to create or distribute a directory of licensed individuals, except for the Board for Professional Engineers and Land Surveyors. If an agency decides a directory is necessary, they must work with the director to figure out how it should look, when it should be published, who should get it, and how much it should cost, if applicable. Agencies that previously needed the director's approval to make and distribute a directory still need to get that approval.

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.

Section § 113

Explanation

This law allows certain officers and employees from a department or its associated boards, committees, and commissions to meet with others in and out of California to help with their work. They can claim travel expenses for these meetings, but if the travel is outside California, the expenses need approval from both the Governor and the Director of Finance.

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.

Section § 114

Explanation

If you're a professional licensed by a state board in California and your license expired while you were serving in the military, you can get it reinstated without any penalties or exams. You need to apply while you're still on duty or within a year after you leave or return to inactive status. You'll also need to show proof of your service and pay the renewal fee. If you wait more than a year or haven't been practicing while in the service, you might have to take an exam. Even if you're in the military, you still need to keep your license active if you're working in California. Time spent in medical treatment as a veteran doesn't count towards the year limit.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 114(a)(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)CA Business & Professions Code § 114(a)(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)CA Business & Professions Code § 114(a)(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)CA Business & Professions Code § 114(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)CA Business & Professions Code § 114(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)CA Business & Professions Code § 114(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.

Section § 114.3

Explanation

If you're in a profession requiring a license in California and you get called to active military duty, you won't have to pay renewal fees, complete continuing education, or meet other renewal conditions during your service. This waiver is temporary and only applies while you're on active duty. You need to show proof of your duty to qualify. When your service ends, you've got six months to catch up on any renewal requirements. Remember, you can't work in your licensed role while you're on active duty unless the board changes your license to 'military active,' but then you can only work in military settings, not privately.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 114.3(a)(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)CA Business & Professions Code § 114.3(a)(2) The renewal requirements are waived only for the period during which the licensee or registrant is on active duty service.
(3)CA Business & Professions Code § 114.3(a)(3) Written documentation that substantiates the licensee or registrant’s active duty service is provided to the board.
(b)CA Business & Professions Code § 114.3(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)Copy CA Business & Professions Code § 114.3(c)
(1)Copy CA Business & Professions Code § 114.3(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)CA Business & Professions Code § 114.3(c)(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)CA Business & Professions Code § 114.3(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)CA Business & Professions Code § 114.3(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)CA Business & Professions Code § 114.3(f) A board may adopt regulations to carry out the provisions of this section.
(g)CA Business & Professions Code § 114.3(g) This section shall not apply to any board that has a similar license renewal waiver process statutorily authorized for that board.

Section § 114.5

Explanation

This law requires professional licensing boards to ask applicants if they are currently or have previously served in the military. If a board allows veterans to use their military experience and training to meet licensing requirements, it must provide information about this on its website.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 114.5(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.

Section § 115

Explanation

This section states that the rules in Section 114 also apply to people who got their professional license or registration while serving in the military.

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.

Section § 115.10

Explanation

This section allows military servicemembers and their spouses to use their professional licenses from another state when moving to California because of military orders. To qualify, they must have a valid, in-good-standing license from another jurisdiction and provide necessary documentation, including military orders and verification of their license status. The applicant needs to perform their licensed profession recently and submit various forms to the relevant California authority to register. The registration is free, completed within 30 days, and lasts until the military orders expire. The registering authority will list the registered person's information online and can enforce rules or take action if needed. They may also create guidance for implementing these rules.

(a)CA Business & Professions Code § 115.10(a) For purposes of this section, the following definitions apply:
(1)CA Business & Professions Code § 115.10(a)(1) “Applicant” means a servicemember or a spouse of a servicemember.
(2)CA Business & Professions Code § 115.10(a)(2) “Board” means an entity described in Section 101.
(3)CA Business & Professions Code § 115.10(a)(3) “Professional license” means an individual professional license and does not include a business or entity license.
(4)CA Business & Professions Code § 115.10(a)(4) “Registering authority” means a board or the Department of Real Estate, as applicable.
(5)CA Business & Professions Code § 115.10(a)(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)CA Business & Professions Code § 115.10(b) Notwithstanding any other law, a registering authority shall register an applicant who satisfies all of the following requirements:
(1)CA Business & Professions Code § 115.10(b)(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)CA Business & Professions Code § 115.10(b)(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)CA Business & Professions Code § 115.10(b)(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)CA Business & Professions Code § 115.10(b)(4) For an applicant who is licensed within the same professional discipline in more than one jurisdiction, both of the following:
(A)CA Business & Professions Code § 115.10(b)(4)(A) The applicant maintains each license in good standing.
(B)CA Business & Professions Code § 115.10(b)(4)(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)CA Business & Professions Code § 115.10(b)(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)CA Business & Professions Code § 115.10(b)(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)CA Business & Professions Code § 115.10(b)(7) The applicant submits to the registering authority their California address of record and an affidavit attesting to both of the following:
(A)CA Business & Professions Code § 115.10(b)(7)(A) The applicant meets all of the requirements for registration under this section.
(B)CA Business & Professions Code § 115.10(b)(7)(B) The information submitted to the registering authority pursuant to this section is accurate to the best of the applicant’s knowledge.
(c)Copy CA Business & Professions Code § 115.10(c)
(1)Copy CA Business & Professions Code § 115.10(c)(1) The registering authority shall register an applicant within 30 days of receiving all applicable documentation described in subdivision (b).
(2)CA Business & Professions Code § 115.10(c)(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)CA Business & Professions Code § 115.10(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)CA Business & Professions Code § 115.10(d)(1) The person’s name.
(2)CA Business & Professions Code § 115.10(d)(2) The person’s California address of record.
(3)CA Business & Professions Code § 115.10(d)(3) The person’s registration status.
(4)CA Business & Professions Code § 115.10(d)(4) The state name and license number of each license from each original licensing jurisdiction.
(e)CA Business & Professions Code § 115.10(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)CA Business & Professions Code § 115.10(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)CA Business & Professions Code § 115.10(g) A registering authority shall not collect or require a fee for registration pursuant to this section.
(h)CA Business & Professions Code § 115.10(h) A registering authority may develop and publish guidance to implement this section.

Section § 115.4

Explanation

This law section requires that, starting from July 1, 2016, boards expedite the initial licensing process for individuals who have served in the U.S. Armed Forces and were honorably discharged. Starting July 1, 2024, this expedited process will also apply to active duty members enrolled in the Department of Defense SkillBridge program. The boards may create rules to implement these provisions, and the term 'applicant' refers only to individuals, not businesses or entities.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 115.4(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)CA Business & Professions Code § 115.4(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)CA Business & Professions Code § 115.4(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.

Section § 115.5

Explanation

This law requires California licensing boards to speed up the application process and waive the fees for people who are married to or in a legal partnership with an active duty military member stationed in California. To qualify, the applicant must already have a professional license from another US state or territory. The law applies strictly to individual licenses, not business ones, and boards can make rules to help implement these processes.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 115.5(a)(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)CA Business & Professions Code § 115.5(a)(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)CA Business & Professions Code § 115.5(b) A board may adopt regulations necessary to administer this section.
(c)CA Business & Professions Code § 115.5(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.

Section § 115.6

Explanation

This law is about issuing temporary professional or vocational licenses to people married to active duty military members assigned to California. To qualify, applicants need a valid license from another U.S. jurisdiction and must pass a background check, among other criteria. The temporary license can be revoked if the holder doesn't meet these requirements. It expires after 12 months or when a standard license decision is made. Fees for application or issuance of this license are not required. Some professions have additional exam requirements, and exceptions apply if other expedited processes are in place.

(a)Copy CA Business & Professions Code § 115.6(a)
(1)Copy CA Business & Professions Code § 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)CA Business & Professions Code § 115.6(a)(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)CA Business & Professions Code § 115.6(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)CA Business & Professions Code § 115.6(c) An applicant seeking a temporary license pursuant to this section shall meet the following requirements:
(1)CA Business & Professions Code § 115.6(c)(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)CA Business & Professions Code § 115.6(c)(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)CA Business & Professions Code § 115.6(c)(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)CA Business & Professions Code § 115.6(c)(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)CA Business & Professions Code § 115.6(c)(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)Copy CA Business & Professions Code § 115.6(c)(6)
(A)Copy CA Business & Professions Code § 115.6(c)(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)CA Business & Professions Code § 115.6(c)(6)(A)(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)CA Business & Professions Code § 115.6(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)CA Business & Professions Code § 115.6(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)Copy CA Business & Professions Code § 115.6(f)
(1)Copy CA Business & Professions Code § 115.6(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)CA Business & Professions Code § 115.6(f)(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)CA Business & Professions Code § 115.6(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)CA Business & Professions Code § 115.6(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)CA Business & Professions Code § 115.6(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)Copy CA Business & Professions Code § 115.6(j)
(1)Copy CA Business & Professions Code § 115.6(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)CA Business & Professions Code § 115.6(j)(2) This section shall apply only to the extent that it does not amend an initiative or violate constitutional requirements.
(k)CA Business & Professions Code § 115.6(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)CA Business & Professions Code § 115.6(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.

Section § 115.8

Explanation

The Department of Consumer Affairs in California is responsible for creating a yearly report for the Legislature that details various types of licensing information connected to military members and their spouses. This report must include the number of temporary and expedited license applications by military spouses, the number of licenses issued or denied, those that were suspended or revoked, and data on waived renewal fees. Additionally, it should report on how long it takes to process these applications.

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)CA Business & Professions Code § 115.8(a) The number of applications for a temporary license submitted by military spouses per fiscal year, pursuant to Section 115.6.
(b)CA Business & Professions Code § 115.8(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)CA Business & Professions Code § 115.8(c) The number of licenses issued and denied per fiscal year pursuant to Sections 115.4, 115.5, and 115.6.
(d)CA Business & Professions Code § 115.8(d) The number of licenses issued pursuant to Section 115.6 that were suspended or revoked per fiscal year.
(e)CA Business & Professions Code § 115.8(e) The number of applications for waived renewal fees received and granted pursuant to Section 114.3 per fiscal year.
(f)CA Business & Professions Code § 115.8(f) The average length of time between application and issuance of licenses pursuant to Sections 115.4, 115.5, and 115.6.

Section § 115.9

Explanation

This law requires that the department and each board under it must prominently display information about licensing options for military spouses on their websites. It should cover details on how they can speed up their application process, get temporary licenses, and requirements for obtaining full licenses if they're from out of state.

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)CA Business & Professions Code § 115.9(a) The process for expediting applications for military spouses.
(b)CA Business & Professions Code § 115.9(b) The availability of temporary licensure, the requirements for obtaining a temporary license, and length of time a temporary license is active.
(c)CA Business & Professions Code § 115.9(c) The requirements for full, permanent licensure by endorsement or credential for out-of-state applicants.

Section § 116

Explanation

This law allows the director to audit and review complaints and disciplinary actions related to licensees in the medical field, including informal conferences and lesser disciplines. The director can do this on their own or if asked by consumers or licensees. They can then suggest improvements to the disciplinary systems to the relevant boards or the legislature. Additionally, the director must report their findings from these audits and reviews to specific Senate and Assembly committees every year.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 116(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.

Section § 118

Explanation

If you apply for a license and then decide to withdraw your application, the board still has the power to deny your license based on any legal reasons unless they agree in writing to let you withdraw. Similarly, if your license expires, is suspended, or you give it up without the board's written permission, the board can still take disciplinary actions against you as long as your license can be renewed or restored. The term 'board' here also covers individuals who can manage licenses, and 'license' also refers to certificates and permits.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 118(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)CA Business & Professions Code § 118(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.“

Section § 119

Explanation

This law makes it a misdemeanor to misuse or falsify professional licenses. It includes using canceled, revoked, or fake licenses, lending your license to others, pretending someone else's license is yours, refusing to return a suspended or revoked license, letting others misuse your license, making fake copies that could deceive others, and knowingly buying fake licenses. Importantly, 'license' encompasses certificates, permits, and registrations.

Any person who does any of the following is guilty of a misdemeanor:
(a)CA Business & Professions Code § 119(a) Displays or causes or permits to be displayed or has in the person’s possession either of the following:
(1)CA Business & Professions Code § 119(a)(1) A canceled, revoked, suspended, or fraudulently altered license.
(2)CA Business & Professions Code § 119(a)(2) A fictitious license or any document simulating a license or purporting to be or have been issued as a license.
(b)CA Business & Professions Code § 119(b) Lends the person’s license to any other person or knowingly permits the use thereof by another.
(c)CA Business & Professions Code § 119(c) Displays or represents any license not issued to the person as being the person’s license.
(d)CA Business & Professions Code § 119(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)CA Business & Professions Code § 119(e) Knowingly permits any unlawful use of a license issued to the person.
(f)CA Business & Professions Code § 119(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)CA Business & Professions Code § 119(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.

Section § 120

Explanation

This law states that surviving spouses are allowed to keep or show a deceased spouse's canceled CPA certificate without breaking any rules from another section. It also says that anyone who has received a CPA certificate from the state board is allowed to have and display it unless their certification has been suspended or revoked.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 120(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.

Section § 121

Explanation

If someone with a professional license (including certificates, permits, and similar authorizations) follows all the rules to renew their license before it expires, they are not breaking the law by continuing to work while waiting for the renewal to be processed. This applies even if there is a delay in receiving proof of renewal as long as the delay isn’t their fault.

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.

Section § 121.5

Explanation

If you have a professional license or registration that is officially marked as inactive or retired, you do not have to worry about late fees or renewal fees for letting it expire.

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.

Section § 122

Explanation

This law allows certain government agencies to charge a fee when they need to send you a replacement license or certificate. The fee should cover the cost of making and sending you that duplicate, but it can't be more than $25.

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).

Section § 123

Explanation

This law makes it a criminal offense to cheat in any way on licensing exams. Cheating includes tampering with exam security, removing or reproducing exam materials without permission, using unauthorized help from professional exam-takers, and accessing or distributing test questions unjustly. It also covers actions like communicating with others during the exam, copying answers, bringing in unauthorized materials, or impersonating another person for the exam. If caught, you could face fines up to $10,000 plus court costs, and this doesn't rule out being prosecuted under other laws. If parts of this law are found invalid, the rest can still be enforced.

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)CA Business & Professions Code § 123(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)CA Business & Professions Code § 123(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)CA Business & Professions Code § 123(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.

Section § 123.5

Explanation

If someone is doing or about to do something that breaks Section 123, the local superior court can step in with a legal order to stop them. This can be requested by a board, the Attorney General, or the county's district attorney. This process follows certain legal procedures, and it's an extra way to enforce the law, not a replacement for other legal actions.

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.

Section § 124

Explanation

This section allows boards within a department to send certain written notices to licensees either through regular mail, sent to their last known address, or delivered personally. This is an alternative to the default requirements outlined in another section of the Government Code.

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.

Section § 125

Explanation

This section says that if someone with a professional license helps an unlicensed person break the rules of this code, they can be charged with a misdemeanor. This includes letting the unlicensed person use their license or acting as that person's business partner or representative.

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)CA Business & Professions Code § 125(a) Allows their license to be used by that person.
(b)CA Business & Professions Code § 125(b) Acts as their agent or partner.

Section § 125.3

Explanation

This law generally allows boards in disciplinary cases to require a licensed individual or entity that has violated licensing rules to pay back the costs incurred for investigating and managing the case. If the licensee is a corporation or partnership, the costs can be charged to the corporate entity or partnership. Evidence of these costs can include actual costs or good faith estimates. Administrative law judges decide what those costs are, though the board can reduce or dismiss this cost order. If costs aren't paid on time, the board can enforce payment through the courts. The board can refuse to renew or reinstate licenses until costs are paid, unless the licensee shows financial hardship and agrees to repay within a year. Money collected goes back to the board's funds. Recovery of costs can also be part of a settlement agreement. This rule doesn't apply if a specific law for a board already addresses cost recovery.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 125.3(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)CA Business & Professions Code § 125.3(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)CA Business & Professions Code § 125.3(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)CA Business & Professions Code § 125.3(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)CA Business & Professions Code § 125.3(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)Copy CA Business & Professions Code § 125.3(g)
(1)Copy CA Business & Professions Code § 125.3(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)CA Business & Professions Code § 125.3(g)(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)CA Business & Professions Code § 125.3(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)CA Business & Professions Code § 125.3(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)CA Business & Professions Code § 125.3(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.

Section § 125.5

Explanation

If someone in a particular county is doing something that breaks a rule overseen by a departmental board, the local superior court can be asked to stop them with an official order like an injunction. The board first needs approval from the director to file a petition with the court. The court can also require the person who broke the rules to pay back anyone who got hurt because of what they did. Additionally, if the court issues any order, the person might have to cover the board's costs for investigating the wrongdoing. This process adds to the board's existing powers, not replaces them.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 125.5(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)CA Business & Professions Code § 125.5(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)CA Business & Professions Code § 125.5(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.

Section § 125.6

Explanation

This law says that if you have a professional license in California, you can't discriminate against someone because of their personal characteristics, like race or gender, when doing your job. However, doctors may consider such characteristics if it's needed to properly treat the patient. It doesn't apply to workplace discrimination, club memberships, or situations where removing physical barriers isn't considered discriminatory. You also don't have to let someone use your services if they pose a big safety risk or if you're not qualified for the job. An 'applicant' is anyone asking for your licensed services, and 'license' includes all kinds of official authorizations to work in regulated areas.

(a)Copy CA Business & Professions Code § 125.6(a)
(1)Copy CA Business & Professions Code § 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)CA Business & Professions Code § 125.6(a)(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)CA Business & Professions Code § 125.6(a)(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)CA Business & Professions Code § 125.6(a)(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)Copy CA Business & Professions Code § 125.6(b)
(1)Copy CA Business & Professions Code § 125.6(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)CA Business & Professions Code § 125.6(b)(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)Copy CA Business & Professions Code § 125.6(c)
(1)Copy CA Business & Professions Code § 125.6(c)(1) “Applicant,” as used in this section, means a person applying for licensed services provided by a person licensed under this code.
(2)CA Business & Professions Code § 125.6(c)(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.

Section § 125.7

Explanation

This law allows a court to temporarily stop a licensed professional from working if they're violating rules that might harm the public. Before doing this, the court needs proof and must notify the person unless there's a real threat to public safety. If such a restraining order is issued, formal charges should follow within 30 days, and the licensee must get a chance for a hearing. The court will cancel the order if there's no timely hearing or decision. This law works alongside other regulations to protect the public.

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)CA Business & Professions Code § 125.7(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)CA Business & Professions Code § 125.7(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)CA Business & Professions Code § 125.7(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)CA Business & Professions Code § 125.7(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)CA Business & Professions Code § 125.7(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.

Section § 125.8

Explanation

This law allows a court to issue a temporary restraining order against a licensed professional if they are engaging, or about to engage, in actions that violate certain rules, potentially putting public health, safety, or welfare at risk. Before issuing such an order, the court must be sure of the potential harm. However, the restraining order can be issued without prior notice if delaying it could seriously harm the public. After the order is issued, a formal accusation must be filed and served within 30 days. The professional can request a hearing, which must be held promptly. If the board does not provide a timely hearing or decision, the restraining order may be annulled.

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)CA Business & Professions Code § 125.8(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)CA Business & Professions Code § 125.8(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)CA Business & Professions Code § 125.8(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)CA Business & Professions Code § 125.8(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.

Section § 125.9

Explanation

This section allows various professional boards in California to issue citations to licensees who break the rules. These citations can order violations to be fixed or require fines up to $5,000. The citation must clearly explain what rule was broken, and if a licensee wants to contest it, they have 30 days to request a hearing. Not paying fines or ignoring orders can lead to further disciplinary action and affect license renewal. Fines and penalties are meant to ensure that violations are dealt with seriously, but paying a fine does not mean admitting guilt. All fines collected go into the board's special fund.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 125.9(b) The system shall contain the following provisions:
(1)CA Business & Professions Code § 125.9(b)(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)CA Business & Professions Code § 125.9(b)(2) Whenever appropriate, the citation shall contain an order of abatement fixing a reasonable time for abatement of the violation.
(3)CA Business & Professions Code § 125.9(b)(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)CA Business & Professions Code § 125.9(b)(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)CA Business & Professions Code § 125.9(b)(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)CA Business & Professions Code § 125.9(c) The system may contain the following provisions:
(1)CA Business & Professions Code § 125.9(c)(1) A citation may be issued without the assessment of an administrative fine.
(2)CA Business & Professions Code § 125.9(c)(2) Assessment of administrative fines may be limited to only particular violations of the applicable licensing act.
(d)CA Business & Professions Code § 125.9(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)CA Business & Professions Code § 125.9(e) Administrative fines collected pursuant to this section shall be deposited in the special fund of the particular board, bureau, or commission.

Section § 126

Explanation

This law states that certain government agencies in the department, which used to have to send reports to the Governor, no longer need to do so.

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.

Section § 127

Explanation
This law allows the director to request reports from any agency or group within the department if they think it's necessary to understand how these groups are operating.
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.

Section § 128

Explanation

This law makes it illegal to sell equipment, supplies, or services if you know they'll be used for work that breaks the licensing law. If you're caught, you could be fined at least $1,000 and possibly spend up to six months in jail. However, small cash sales under $100 are exempt. 'Person' in this law includes businesses and various organizations, and 'license' covers certificates or registrations too.

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.

Section § 128.5

Explanation

If a California Department of Consumer Affairs agency has leftover funds at the end of the fiscal year that are equal to or greater than its budget for the next two years, it must lower license or other fees in the following year to reduce its surplus. This applies to most agencies, but only certain specified boards and bureaus are affected differently under subsection (b).

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 128.5(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.

Section § 129

Explanation

This section talks about how boards that issue licenses must handle complaints about individuals they license. When they get a complaint, they have to tell the person who complained what they're doing about it within 10 days. They also need to tell them when there's a final decision. If they can't handle the complaint, they pass it on to someone who can. The board can let the accused person know about the complaint and might try to mediate. It's their job to track complaint patterns and suggest legal changes if needed. They must also inform the public about what they do. Additionally, if there's a child custody evaluation involved, they must notify the relevant party about the investigation.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 129(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)CA Business & Professions Code § 129(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)CA Business & Professions Code § 129(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)CA Business & Professions Code § 129(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)CA Business & Professions Code § 129(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.

Section § 130

Explanation

This law states that members serving on certain professional boards or committees in California have a term of four years, which ends on June 1st. The boards and committees affected include those for medical, podiatric, and physical therapy professionals, among others. There's a specific exception mentioned for the Board of Registered Nursing regarding another part of the law.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 130(b) Subdivision (a) applies to the following boards or committees:
(1)CA Business & Professions Code § 130(b)(1) The Medical Board of California.
(2)CA Business & Professions Code § 130(b)(2) The Podiatric Medical Board of California.
(3)CA Business & Professions Code § 130(b)(3) The Physical Therapy Board of California.
(4)CA Business & Professions Code § 130(b)(4) The Board of Registered Nursing, except as provided in subdivision (c) of Section 2703.
(5)CA Business & Professions Code § 130(b)(5) The Board of Vocational Nursing and Psychiatric Technicians.
(6)CA Business & Professions Code § 130(b)(6) The California State Board of Optometry.
(7)CA Business & Professions Code § 130(b)(7) The California State Board of Pharmacy.
(8)CA Business & Professions Code § 130(b)(8) The Veterinary Medical Board.
(9)CA Business & Professions Code § 130(b)(9) The California Architects Board.
(10)CA Business & Professions Code § 130(b)(10) The Landscape Architect Technical Committee.
(11)CA Business & Professions Code § 130(b)(11) The Contractors State License Board.
(12)CA Business & Professions Code § 130(b)(12) The Board of Behavioral Sciences.
(13)CA Business & Professions Code § 130(b)(13) The Court Reporters Board of California.
(14)CA Business & Professions Code § 130(b)(14) The State Athletic Commission.
(15)CA Business & Professions Code § 130(b)(15) The Osteopathic Medical Board of California.
(16)CA Business & Professions Code § 130(b)(16) The Respiratory Care Board of California.
(17)CA Business & Professions Code § 130(b)(17) The Acupuncture Board.
(18)CA Business & Professions Code § 130(b)(18) The Board of Psychology.
(19)CA Business & Professions Code § 130(b)(19) The Structural Pest Control Board.

Section § 131

Explanation

This law states that certain members of government agencies or boards can't serve more than two full terms in a row. It ensures that people holding these positions don’t stay in power for too long without a break.

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.

Section § 132

Explanation

This law states that if a board or agency within a department wants to take legal action against another state or federal agency, they need permission from the department director. They must submit a written request, and the director has 30 days to approve or deny it, providing reasons. If no decision is made in 30 days, the request is automatically approved. However, if the director denies it, the board or agency can still proceed if two-thirds of its members, including at least one public member, vote to override the denial.

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.

Section § 134

Explanation

If a professional license lasts more than a year, the fees for new licenses given during that period will be adjusted so that you only pay for the portion of the term remaining. This helps ensure fairness in what you pay for a license that does not cover a full term.

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.

Section § 135

Explanation

This law tells agencies that they can't penalize someone just because they failed a previous test when they try to take it again. They can't add new rules or requirements because of past failures. However, if the test is in parts and someone passed some parts but didn't finish them all in time, the agency can make them retake all the parts. Also, the person still has to pay any regular fees and meet the usual requirements for exams.

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.

Section § 135.4

Explanation

This law makes it easier and faster for certain individuals, like refugees, those granted asylum, or people with a special immigrant visa, to get their professional license. It doesn't change the usual requirements to get a license. It just speeds up the process for these specific groups. A board can create regulations to make this happen, but it only applies to individual licenses, not business or entity licenses.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 135.4(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)CA Business & Professions Code § 135.4(c) A board may adopt regulations necessary to administer this section.
(d)CA Business & Professions Code § 135.4(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.

Section § 135.5

Explanation

This California law ensures that people who are not legally in the U.S. can still receive state benefits from licensing. It says that people can't be denied a professional license just because of their citizenship or immigration status. Each board in the state must update their rules to follow this law by January 1, 2016, but they can do it sooner if they want.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 135.5(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)CA Business & Professions Code § 135.5(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.

Section § 136

Explanation

If you have a license or certificate from a board to work in a certain profession in California, you need to inform the board if your mailing address changes. Do this within 30 days of moving, or possibly sooner if the board requires it. If you don’t update your address in time, you could get fined, assuming the board can issue fines.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 136(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.

Section § 137

Explanation

This section allows agencies within a department to make rules that require licensed professionals to include their license numbers in advertisements and public communications. However, it does not apply to people who are not licensees and who might be advertising on behalf of licensees. These individuals are not responsible for including the license number if they were not given one by the licensee, or if they simply communicate the license number exactly as provided by the licensee.

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.

Section § 138

Explanation

This section requires certain professional boards in the state to create rules that mandate their licensed practitioners to inform clients or customers that they hold a state license. They needed to start this process by June 30, 1999. However, if a board already has rules or laws in place that achieve the same consumer notification, they don't need to create new ones.

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.

Section § 139

Explanation

This section outlines the importance of regularly analyzing and validating occupational exams used for professional licensure in California. It mandates that a policy be developed for this purpose, addressing things like how frequently exams should be analyzed, what qualifies as a good validation process, and cost considerations. By September 30, 1999, this policy needed to be established and shared with relevant boards and committees. Additionally, every year, boards and bureaus must submit their examination evaluation methods to the director, ensuring exams are relevant and fair. These entities may use internal or external resources for these analyses.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 139(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)CA Business & Professions Code § 139(b)(1) An appropriate schedule for examination validation and occupational analyses, and circumstances under which more frequent reviews are appropriate.
(2)CA Business & Professions Code § 139(b)(2) Minimum requirements for psychometrically sound examination validation, examination development, and occupational analyses, including standards for sufficient number of test items.
(3)CA Business & Professions Code § 139(b)(3) Standards for review of state and national examinations.
(4)CA Business & Professions Code § 139(b)(4) Setting of passing standards.
(5)CA Business & Professions Code § 139(b)(5) Appropriate funding sources for examination validations and occupational analyses.
(6)CA Business & Professions Code § 139(b)(6) Conditions under which boards, programs, and bureaus should use internal and external entities to conduct these reviews.
(7)CA Business & Professions Code § 139(b)(7) Standards for determining appropriate costs of reviews of different types of examinations, measured in terms of hours required.
(8)CA Business & Professions Code § 139(b)(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)CA Business & Professions Code § 139(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)CA Business & Professions Code § 139(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).

Section § 139.5

Explanation

Starting July 1, 2021, certain boards that issue licenses in California must update their websites every three months. They need to show either how long it typically takes to handle new and renewal license applications or the combined average time. This information should be clear and easy to find on their websites.

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)CA Business & Professions Code § 139.5(a) Prominently display on its internet website one of the following:
(1)CA Business & Professions Code § 139.5(a)(1) The current average timeframes for processing initial and renewal license applications.
(2)CA Business & Professions Code § 139.5(a)(2) The combined current average timeframe for processing both initial and renewal license applications.
(b)CA Business & Professions Code § 139.5(b) Prominently display on its internet website one of the following:
(1)CA Business & Professions Code § 139.5(b)(1) The current average timeframes for processing each license type that the board administers.
(2)CA Business & Professions Code § 139.5(b)(2) The combined current average timeframe for processing all license types that the board administers.

Section § 140

Explanation

If a licensed professional doesn't keep records of cash payments for employee wages for at least three years, their licensing board can take disciplinary action. If these records aren't provided when requested, it could lead to more penalties. If the board takes action and the professional is found violating this rule, they might have to pay investigation costs up to $2,500. Not paying these costs can lead to losing the license. Any money collected from these actions goes into the board's fund.

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.

Section § 141

Explanation

If a professional licensed in California is disciplined by another state or country, or a U.S. federal agency, that action can be used as a reason for California to discipline them too. The official record from the other authority is accepted as proof of what happened. Additionally, if there's a specific law that allows the California board additional disciplinary action based on the other state's decision, this law doesn't stop them from using that too.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 141(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.

Section § 142

Explanation

This section applies to certain bureaus and programs under a director's control in California. Agencies can set the same renewal dates for people holding more than one license, potentially adjusting fees to avoid overcharging. If an application is sent back because it's incomplete, you have 12 months to resubmit it. Also, if you don't pay your renewal fee by the due date, you'll have to pay a late fee.

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)CA Business & Professions Code § 142(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)CA Business & Professions Code § 142(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)CA Business & Professions Code § 142(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.

Section § 143

Explanation

If you're running a business or practicing a profession that needs a license in California, you can't sue to get paid for work you did unless you were properly licensed the whole time you were doing that work. This applies no matter how strong your case is otherwise. You can't get around this by arguing that you almost met the licensing requirements. However, this rule doesn't apply if your contract or actions are legally allowed under another section of the law.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 143(b) The judicial doctrine of substantial compliance shall not apply to this section.
(c)CA Business & Professions Code § 143(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.

Section § 143.5

Explanation

This law means that if you have a license regulated by the Department of Consumer Affairs, you can't make someone you're settling with promise not to complain or cooperate with the department about you in the future. If you put such a clause in a settlement agreement, it's considered void and against public policy, and you can face discipline. Additionally, after settling a lawsuit for money, the department won't force you to pay extra to the person who sued you. There's also a process where they can identify legal issues unrelated to their duties and make exceptions in settlement rules. However, this doesn't apply if you're under a specific medical disciplinary section.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 143.5(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)CA Business & Professions Code § 143.5(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)CA Business & Professions Code § 143.5(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)CA Business & Professions Code § 143.5(d)(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)CA Business & Professions Code § 143.5(d)(2) Exempts agreements to settle such a cause of action from the requirements of subdivision (a).
(e)CA Business & Professions Code § 143.5(e) This section shall not apply to a licensee subject to Section 2220.7.

Section § 144

Explanation

This law states that certain agencies in California must get fingerprints from applicants to check their criminal history. These checks are done through the Department of Justice and the FBI. The specific agencies listed cover a wide range of professions, like nursing, dentistry, and architecture. Notably, the fingerprint requirement applies primarily to new applicants or those applying for new licenses or registrations.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 144(b) Subdivision (a) applies to the following:
(1)CA Business & Professions Code § 144(b)(1) California Board of Accountancy.
(2)CA Business & Professions Code § 144(b)(2) State Athletic Commission.
(3)CA Business & Professions Code § 144(b)(3) Board of Behavioral Sciences.
(4)CA Business & Professions Code § 144(b)(4) Court Reporters Board of California.
(5)CA Business & Professions Code § 144(b)(5) Dental Board of California.
(6)CA Business & Professions Code § 144(b)(6) California State Board of Pharmacy.
(7)CA Business & Professions Code § 144(b)(7) Board of Registered Nursing.
(8)CA Business & Professions Code § 144(b)(8) California Veterinary Medical Board.
(9)CA Business & Professions Code § 144(b)(9) Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(10)CA Business & Professions Code § 144(b)(10) Respiratory Care Board of California.
(11)CA Business & Professions Code § 144(b)(11) Physical Therapy Board of California.
(12)CA Business & Professions Code § 144(b)(12) Physician Assistant Board.
(13)CA Business & Professions Code § 144(b)(13) Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(14)CA Business & Professions Code § 144(b)(14) Medical Board of California.
(15)CA Business & Professions Code § 144(b)(15) California State Board of Optometry.
(16)CA Business & Professions Code § 144(b)(16) Acupuncture Board.
(17)CA Business & Professions Code § 144(b)(17) Cemetery and Funeral Bureau.
(18)CA Business & Professions Code § 144(b)(18) Bureau of Security and Investigative Services.
(19)CA Business & Professions Code § 144(b)(19) Division of Investigation.
(20)CA Business & Professions Code § 144(b)(20) Board of Psychology.
(21)CA Business & Professions Code § 144(b)(21) California Board of Occupational Therapy.
(22)CA Business & Professions Code § 144(b)(22) Structural Pest Control Board.
(23)CA Business & Professions Code § 144(b)(23) Contractors State License Board.
(24)CA Business & Professions Code § 144(b)(24) California Board of Naturopathic Medicine.
(25)CA Business & Professions Code § 144(b)(25) Professional Fiduciaries Bureau.
(26)CA Business & Professions Code § 144(b)(26) Board for Professional Engineers, Land Surveyors, and Geologists.
(27)CA Business & Professions Code § 144(b)(27) Podiatric Medical Board of California.
(28)CA Business & Professions Code § 144(b)(28) Osteopathic Medical Board of California.
(29)CA Business & Professions Code § 144(b)(29) California Architects Board, beginning January 1, 2021.
(30)CA Business & Professions Code § 144(b)(30) Landscape Architects Technical Committee, beginning January 1, 2022.
(31)CA Business & Professions Code § 144(b)(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.
(c)CA Business & Professions Code § 144(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.

Section § 144.5

Explanation

This section allows certain boards to request and receive official records from local or state agencies about a person's arrests, convictions, and probation history. These records are used to investigate people applying for or holding licenses. Local or state agencies can provide these records when the board asks for them.

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.

Section § 144.6

Explanation

This law sets the minimum required hours for educational programs in California that qualify someone for a license. The minimum is based on what the programs offered when the law took effect. Programs that want to reduce their required hours must request a change by July 1, 2026, and the board must decide by January 1, 2027. This law will no longer be in effect after January 1, 2027.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 144.6(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)CA Business & Professions Code § 144.6(c)  This section shall remain in effect only until January 1, 2027, and as of that date is repealed.