General Provisions
Section § 1
This section simply states that the name of this set of laws is the Business and Professions Code.
Section § 10
This law states that if a public officer is given a specific power or duty by this code, then their deputy or someone they legally authorize can carry out that power or duty, unless there's a specific rule that says otherwise.
Section § 11
This law section states that "writing" refers to any type of recorded message that can be understood by looking at it. If the law requires any notice, report, statement, or record, it must be written in English unless the law specifically allows another language.
Section § 12
This law means that if a specific part of a law is mentioned, it includes any changes or additions made to that law in the future.
Section § 12.5
This section states that if someone has the power to issue a citation for breaking a law in this code, they can also issue a citation if someone breaks any regulation made under this law.
Section § 13
'Materia medica' refers to the substances listed in specific official publications like the U.S. Pharmacopoeia and the Homeopathic Pharmacopoeia, among others. However, it excludes certain substances described in other sections of this code.
Section § 14
This law section means that when reading or interpreting legal texts, words in the present tense can also refer to the past and future. Additionally, references to one gender should be understood to include all genders, ensuring gender inclusivity.
Section § 14.1
This law states that whenever laws in this code are updated, any uses of the words 'man' or 'men' should be replaced with 'person' or 'persons'. The change aims to be inclusive and is a declaration rather than a modification of existing laws.
Section § 14.2
This law clarifies that when California legal language mentions a 'spouse,' it also means a 'registered domestic partner,' ensuring equal treatment under the law.
Section § 15
This law defines two terms: 'Section' refers to a part of this specific code unless another statute is mentioned. 'Subdivision' refers to a part of the section it appears in unless another section is specifically named.
Section § 16
This law means that when a term in the Business and Professions Code is in singular form, it can also be understood to mean multiple items or persons, and vice versa.
Section § 17
This law clarifies that when you come across the term "county" in this context, it also covers both individual cities and combined city-counties.
Section § 18
This law section states that when the term "city" is used, it also includes "city and county" combined. So, in any legal contexts, if you see "city," it means both individually or jointly with the county.
Section § 19
This legal section clarifies the meaning of two words often used in laws. "Shall" means you must do something, while "may" means you have the option to do it but it's not required.
Section § 2
This section states that if new law provisions are similar to old ones on the same topic, they should be seen as updates or continuations, not brand-new laws.
Section § 20
This section explains that in the context of this law, whenever someone refers to an 'oath,' it also covers affirmations. This means both sworn oaths and solemn affirmations are considered equivalent.
Section § 21
Section § 22
When you see the word “Board” in this code, it refers to whatever group is in charge of enforcing that part of the code. This could mean a board, bureau, commission, committee, department, division, examining committee, program, or agency unless specified otherwise.
Section § 23
This section clarifies that when laws mention 'Department,' they mean the Department of Consumer Affairs, unless stated otherwise. Additionally, any references to the Department of Professional and Vocational Standards actually refer to the Department of Consumer Affairs.
Section § 23.5
In California, when you see the term "Director" in laws, it usually means the Director of Consumer Affairs. If you come across any law mentioning the Director of Professional and Vocational Standards, it's actually talking about the Director of Consumer Affairs.
Section § 23.6
In this section, whenever the term “appointing power” is used and not explicitly defined elsewhere, it refers to the Director of Consumer Affairs.
Section § 23.7
In this context, the term 'license' is broadly defined to include any type of official permission, such as a license, certificate, or registration, that allows someone to work in a business or profession that is regulated by this code or mentioned in Sections 1000 or 3600.
Section § 23.8
The term "licensee" refers to anyone who is permitted through a license, certificate, or registration to practice in a business or profession regulated by this code. In this context, if you see the word "licentiate," it means the same as "licensee."
Section § 23.9
This law states that if someone has been trained in a specific skill or profession requiring a state license while imprisoned, they must be allowed to take state licensing exams after their release, just like any other candidate. Their past imprisonment, conviction, or the fact that they were trained in a correctional facility cannot be a reason for denying them the license. However, they must still be considered fit for the license by the appropriate authority.
Section § 24
This section says that if any part of the code is found to be invalid or not applicable to a particular person or situation, the rest of the code will still stand and continue to apply to others.
Section § 25
If you're applying for a license or renewing for the first time as a marriage and family therapist, social worker, psychologist, or clinical counselor in California, you need to complete training in human sexuality. This is part of the licensing requirements along with any other criteria.
This training counts towards continuing education, but can't exceed 50 hours. The Board of Psychology can exempt people who don't need this training based on their specific practice field.
Human sexuality training involves studying humans in terms of sexuality and function. The agency in charge will decide the details and will report to the Legislature about the available training.
If any licensing board plans to create a training program, they must check with other boards to ensure the programs match in scope and content.
Section § 26
This section states that when any state authority in California is allowed to adopt building standards, they must follow the specific process outlined in the Health and Safety Code. If they don't follow this process, their standards won't be valid. Standards put in place before 1980 will be valid only until 1985 unless they're updated or replaced by new rules in the State Building Standards Code.
Section § 27
This law requires certain agencies within the California Department of Consumer Affairs to provide online information about the status of licenses they issue. They must disclose details about suspensions, revocations, and other enforcement actions but cannot include personal information like social security numbers or home addresses. Licensees must provide an address of record, which can be a P.O. box or alternative address, though a physical address may be required internally. The law specifies various boards and bureaus, such as the Board for Professional Engineers and the Bureau of Automotive Repair, that must comply with these requirements. Rules must align with the Department of Consumer Affairs' public records access guidelines.
Section § 27.5
This law mandates that if a licensed professional in California changes their legal name or gender, the relevant licensing board must update their records to reflect the change upon request. Necessary documentation proving such changes include certified court orders and government-issued identification.
Boards must update both physical licenses and online verification systems to remove any mention of the former name or gender and ensure that any past enforcement actions referencing former details are not publicly displayed. Instead, the public is directed to contact the board for detailed information about past actions.
Additionally, all records related to these changes are kept confidential and not open to public inspection.
Section § 27.6
This law requires the agency that took over duties from the Bureau for Private Postsecondary and Vocational Education to send any school performance data, like attendance and graduation rates, to the California Postsecondary Education Commission.
Section § 28
This law ensures that psychologists, clinical social workers, professional clinical counselors, and marriage and family therapists receive proper training in identifying and reporting abuse of children, elders, and dependent adults. This training aims to reduce abuse trauma and ensure timely reporting to prevent further incidents.
New and renewing license applicants must complete one-time training covering child abuse assessment and reporting, in alignment with the Child Abuse and Neglect Reporting Act. The course needs to address various abuse types, indicators of abuse, and reporting responsibilities, among other topics.
Training must be at least seven hours long and can come from accredited institutions or approved providers. Applicants must show proof of completed training, with possible exemptions if the training isn't applicable to their practice.
The law also suggests including elder and dependent adult abuse reporting in required training on aging and long-term care issues.
Section § 29
The California Board of Psychology and the Board of Behavioral Sciences may require psychologists, clinical social workers, marriage and family therapists, and professional clinical counselors to complete continuing education in recognizing chemical dependency and intervening early. Before making such requirements official, they're encouraged to include courses on topics like the history of substance abuse, its impact on individuals and families, recognizing addiction symptoms, appropriate interventions and referrals, helping families, and understanding recovery programs such as 12-step programs.
Section § 29.5
This law states that anyone applying for a new license or renewing an existing one must follow the rules set out in Section 17520 of the Family Code, in addition to meeting other specific requirements from their licensing board.
Section § 3
If you already hold a public office that is covered by repealed laws but will be continued under the new law, you can stay in that position with the same terms as before.
Section § 30
This law requires licensing boards, like the State Bar and the Department of Real Estate in California, to collect specific identification numbers such as federal employer identification numbers for partnerships, or social security numbers for individuals when they issue licenses. These numbers help identify individuals for tax purposes and ensure compliance with other state rules.
Boards cannot ask about a person's citizenship or immigration status when issuing licenses, and they can't deny licenses solely because of those statuses. If a licensee fails to provide required identification numbers, they may face penalties and their information is reported to the Franchise Tax Board.
The law outlines how the boards will securely share information with tax authorities and only use the data for authorized purposes. Data is kept confidential and is protected from unauthorized access. Specific procedures are in place to ensure the security and privacy of this information, such as not using it to identify individuals personally or sharing it unnecessarily.
Section § 31
This law explains the rules for licensing and renewing licenses for professionals in California.
If someone's not following support payment orders, their license requests can be affected according to the Family Code. Also, if someone owes a lot in taxes and is on a major delinquency list, their license can be impacted as per specific rules.
Applications must inform applicants that tax obligations must be paid, or licenses can be suspended. Tax obligations refer to various specific tax parts in the California Revenue and Taxation Code.
Section § 32
This law emphasizes the importance of continuing education for healthcare professionals who deal with patients at risk of or exposed to AIDS. It highlights that training should include understanding AIDS, its characteristics, and how to assess and treat it. The law specifies that governing boards for various healthcare professionals should consider incorporating this training into their mandatory continuing education programs.
Section § 35
This law encourages the state to make it easier for military veterans to use their skills, knowledge, and experience gained during service to help meet state employment needs. It requires state boards to create rules that evaluate and incorporate military education and experience into licensure requirements for different jobs. These boards must work with the Department of Veterans Affairs and the Military Department and use existing funds to implement these rules.
Section § 4
This section means that if a legal action was started or a right was established before the education code came into effect, those won't be changed by the new code. However, future steps in those cases should follow the new rules as much as they can.
Section § 40
This law allows specific boards in California, like the State Board of Chiropractic Examiners or the Osteopathic Medical Board, to hire expert consultants for certain tasks, as long as they follow state standards. These tasks can include giving expert opinions on enforcement matters, helping with exam development, and evaluating the health of license applicants if needed for public safety.
The agreement between the board and the consultant is not subject to typical public contract rules. Each board must create its own rules about how to select and use these consultants, but the consultants' role doesn't get expanded just because they're hired under this law.
Section § 5
Section § 6
If you were already eligible for a certificate under a law that was replaced by this new code, you are automatically eligible for a certificate under the new rules, as long as the new rules apply to your situation.
Section § 7
If someone was convicted of a crime under a law that has since been repealed, but that crime is still considered a public offense under the new law, their conviction is still valid under the new law for any reason it was valid under the old law.
Section § 7.5
This law defines what a 'conviction' means when dealing with licenses regulated by the Business and Professions Code. A conviction includes a guilty plea, a nolo contendere (no contest) plea, or a guilty verdict. Boards in charge of licensing can act on a conviction once the appeal period ends, the conviction is upheld on appeal, or probation is granted with a sentence suspension. Importantly, boards cannot deny licenses to qualified applicants based on other sections of the law.
Certain agencies, like the State Athletic Commission and the Horse Racing Board, are exempt from this rule. This definition supersedes any conflicting terms in individual practice acts unless otherwise noted. The law went into effect on July 1, 2020.
Section § 8
This section states that unless specified otherwise, the rules outlined in the following sections will be used to interpret and understand the content of this code.
Section § 9
This section says that the titles given to different parts of this code, like division, part, chapter, and section headings, do not influence how the actual laws should be understood or applied.