Section § 1

Explanation

This section simply states that the name of this set of laws is the Business and Professions Code.

This act shall be known as the Business and Professions Code.

Section § 10

Explanation

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.

Whenever, by the provisions of this code, a power is granted to a public officer or a duty imposed upon such an officer, the power may be exercised or duty performed by a deputy of the officer or by a person authorized pursuant to law by the officer, unless it is expressly otherwise provided.

Section § 11

Explanation

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.

Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required by this code, it shall be made in writing in the English language unless it is otherwise expressly provided.

Section § 12

Explanation

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.

Whenever any reference is made to any portion of this code or of any other law of this State, such reference shall apply to all amendments and additions thereto now or hereafter made.

Section § 12.5

Explanation

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.

Whenever in any provision of this code authority is granted to issue a citation for a violation of any provision of this code, that authority also includes the authority to issue a citation for the violation of any regulation adopted pursuant to any provision of this code.

Section § 13

Explanation

'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.

The term “materia medica” as used in this code or in any initiative act referred to in this code, means those substances listed in the official United States Pharmacopoeia, the official Homeopathic Pharmacopoeia of the United States, the official United States Dispensatory, New and Nonofficial Remedies, or the National Formulary, or any supplement thereof, except substances covered by subdivision (a) of Section 4052 and Section 4057 of this code.

Section § 14

Explanation

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.

The present tense includes the past and future tenses; and the future, the present. Each gender includes the other two genders.

Section § 14.1

Explanation

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.

The Legislature hereby declares its intent that the terms “man” or “men” where appropriate shall be deemed “person” or “persons” and any references to the terms “man” or “men” in sections of this code be changed to “person” or “persons” when such code sections are being amended for any purpose. This act is declaratory and not amendatory of existing law.

Section § 14.2

Explanation

This law clarifies that when California legal language mentions a 'spouse,' it also means a 'registered domestic partner,' ensuring equal treatment under the law.

“Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.

Section § 15

Explanation

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” means a section of this code unless some other statute is specifically mentioned. “Subdivision” means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned.

Section § 16

Explanation

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.

The singular number includes the plural, and the plural the singular.

Section § 17

Explanation

This law clarifies that when you come across the term "county" in this context, it also covers both individual cities and combined city-counties.

“County” includes city and county.

Section § 18

Explanation

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.

“City” includes city and county.

Section § 19

Explanation

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.

“Shall” is mandatory and “may” is permissive.

Section § 2

Explanation

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.

The provisions of this code in so far as they are substantially the same as existing statutory provisions relating to the same subject matter shall be construed as restatements and continuations thereof, and not as new enactments.

Section § 20

Explanation

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.

“Oath” includes affirmation.

Section § 21

Explanation
This section clarifies that when the term 'State' is used, it generally refers to California. However, if it's in reference to different parts of the U.S., it also includes the District of Columbia and U.S. territories.
“State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories.

Section § 22

Explanation

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.

“Board,” as used in any provision of this code, refers to the board in which the administration of the provision is vested, and unless otherwise expressly provided, shall include “bureau,” “commission,” “committee,” “department,” “division,” “examining committee,” “program,” and “agency.”

Section § 23

Explanation

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.

“Department,” unless otherwise defined, refers to the Department of Consumer Affairs.
Wherever the laws of this state refer to the Department of Professional and Vocational Standards, the reference shall be construed to be to the Department of Consumer Affairs.

Section § 23.5

Explanation

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.

“Director,” unless otherwise defined, refers to the Director of Consumer Affairs.
Wherever the laws of this state refer to the Director of Professional and Vocational Standards, the reference shall be construed to be to the Director of Consumer Affairs.

Section § 23.6

Explanation

In this section, whenever the term “appointing power” is used and not explicitly defined elsewhere, it refers to the Director of Consumer Affairs.

“Appointing power,” unless otherwise defined, refers to the Director of Consumer Affairs.

Section § 23.7

Explanation

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.

Unless otherwise expressly provided, “license” means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.

Section § 23.8

Explanation

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."

“Licensee” means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600.
Any reference to licentiate in this code shall be deemed to refer to licensee.

Section § 23.9

Explanation

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.

Notwithstanding any other provision of this code, any individual who, while imprisoned in a state prison or other correctional institution, is trained, in the course of a rehabilitation program approved by the particular licensing agency concerned and provided by the prison or other correctional institution, in a particular skill, occupation, or profession for which a state license, certificate, or other evidence of proficiency is required by this code shall not, when released from the prison or institution, be denied the right to take the next regularly scheduled state examination or any examination thereafter required to obtain the license, certificate, or other evidence of proficiency and shall not be denied such license, certificate, or other evidence of proficiency, because of that individual’s imprisonment or the conviction from which the imprisonment resulted, or because the individual obtained the individual’s training in prison or in the correctional institution, if the licensing agency, upon recommendation of the Adult Authority or the Department of the Youth Authority, as the case may be, finds that the individual is a fit person to be licensed.

Section § 24

Explanation

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.

If any provision of this code, or the application thereof, to any person or circumstance, is held invalid, the remainder of the code, or the application of such provision to other persons or circumstances, shall not be affected thereby.

Section § 25

Explanation

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.

Any person applying for a license, registration, or the first renewal of a license, after the effective date of this section, as a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed professional clinical counselor shall, in addition to any other requirements, show by evidence satisfactory to the agency regulating the business or profession, that they have completed training in human sexuality as a condition of licensure. The training shall be creditable toward continuing education requirements as deemed appropriate by the agency regulating the business or profession, and the course shall not exceed more than 50 contact hours.
The Board of Psychology shall exempt from the requirements of this section any persons whose field of practice is such that they are not likely to have use for this training.
“Human sexuality” as used in this section means the study of a human being as a sexual being and how a human being functions with respect thereto.
The content and length of the training shall be determined by the administrative agency regulating the business or profession and the agency shall proceed immediately upon the effective date of this section to determine what training, and the quality of staff to provide the training, is available and shall report its determination to the Legislature on or before July 1, 1977.
If a licensing board or agency proposes to establish a training program in human sexuality, the board or agency shall first consult with other licensing boards or agencies that have established or propose to establish a training program in human sexuality to ensure that the programs are compatible in scope and content.

Section § 26

Explanation

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.

Wherever, pursuant to this code, any state department, officer, board, agency, committee, or commission is authorized to adopt rules and regulations, such rules and regulations which are building standards, as defined in Section 18909 of the Health and Safety Code, shall be adopted pursuant to the provisions of Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the provision of this code under which the authority to adopt the specific building standard is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted prior to January 1, 1980, pursuant to this code and not expressly excepted by statute from such provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner.

Section § 27

Explanation

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.

(a)CA Business & Professions Code § 27(a) Each entity specified in subdivisions (c), (d), and (e) shall provide on the internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed 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) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensee’s address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of the licensee’s home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as the licensee’s address of record, to provide a physical business address or residence address only for the entity’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the internet.
(b)CA Business & Professions Code § 27(b) In providing information on the internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs’ guidelines for access to public records.
(c)CA Business & Professions Code § 27(c) Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1)CA Business & Professions Code § 27(c)(1) The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2)CA Business & Professions Code § 27(c)(2) The Bureau of Automotive Repair shall disclose information on its licensees, including automotive repair dealers, smog check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians.
(3)CA Business & Professions Code § 27(c)(3) The Bureau of Household Goods and Services shall disclose information on its licensees, registrants, and permitholders.
(4)CA Business & Professions Code § 27(c)(4) The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5)CA Business & Professions Code § 27(c)(5) The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6)CA Business & Professions Code § 27(c)(6) The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7)CA Business & Professions Code § 27(c)(7) The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8)CA Business & Professions Code § 27(c)(8) The California Board of Accountancy shall disclose information on its licensees and registrants.
(9)CA Business & Professions Code § 27(c)(9) The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10)CA Business & Professions Code § 27(c)(10) The State Athletic Commission shall disclose information on its licensees and registrants.
(11)CA Business & Professions Code § 27(c)(11) The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12)CA Business & Professions Code § 27(c)(12) The Acupuncture Board shall disclose information on its licensees.
(13)CA Business & Professions Code § 27(c)(13) The Board of Behavioral Sciences shall disclose information on its licensees and registrants.
(14)CA Business & Professions Code § 27(c)(14) The Dental Board of California shall disclose information on its licensees.
(15)CA Business & Professions Code § 27(c)(15) The California State Board of Optometry shall disclose information on its licensees and registrants.
(16)CA Business & Professions Code § 27(c)(16) The Board of Psychology shall disclose information on its licensees, including psychologists and registered psychological associates.
(17)CA Business & Professions Code § 27(c)(17) The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d)CA Business & Professions Code § 27(d) The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e)CA Business & Professions Code § 27(e) The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f)CA Business & Professions Code § 27(f) “Internet” for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.

Section § 27.5

Explanation

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.

(a)Copy CA Business & Professions Code § 27.5(a)
(1)Copy CA Business & Professions Code § 27.5(a)(1) Notwithstanding any other law, if a board within the Department of Consumer Affairs receives government-issued documentation, as described in subdivision (b), from a licensee or registrant demonstrating that the licensee’s or registrant’s legal name or gender has been changed, the board, upon request by the licensee or registrant, shall update the individual’s license or registration by replacing references to the former name or gender on the license or registration, as applicable, with references to the current name or gender.
(2)Copy CA Business & Professions Code § 27.5(a)(2)
(A)Copy CA Business & Professions Code § 27.5(a)(2)(A) If the board operates an online license verification system, upon request by a licensee or registrant whose name or gender was updated pursuant to paragraph (1), the board shall replace references to the licensee’s or registrant’s former name or gender with the individual’s current name or gender, as applicable, on the publicly viewable information displayed on the internet about the licensee or registrant. The licensee’s or registrant’s former name or gender, as applicable, shall not be published online.
(B)CA Business & Professions Code § 27.5(a)(2)(A)(B) Notwithstanding any other law, for licensees or registrants subject to subparagraph (A) who were previously subject to an enforcement action referencing the individual’s former name or gender, as applicable, the board shall not post enforcement records online, but shall instead post online a statement stating that the individual previously was subject to enforcement action and directing the public to contact the board for more information about the licensee’s or registrant’s prior enforcement action. The board shall ensure compliance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) in implementing this section, including, but not limited to, responding to a request for records within 10 days from receipt of the request, as specified in Section 7922.535 of the Government Code.
(C)CA Business & Professions Code § 27.5(a)(2)(A)(C) If a public search of the online license verification system is performed using a licensee’s or registrant’s former name that was replaced pursuant to subparagraph (A), the board shall post an online statement directing the public to contact the board for more information about the licensee or registrant.
(3)CA Business & Professions Code § 27.5(a)(3) If requested by the licensee or registrant, the board shall reissue the license created by the board and conferred upon the licensee or registrant by the board. A board shall not charge a higher fee for reissuing a document with an updated legal name or gender than the fee it regularly charges for reissuing a document with other updated information.
(b)Copy CA Business & Professions Code § 27.5(b)
(1)Copy CA Business & Professions Code § 27.5(b)(1) The documentation identified in either of the following is required to demonstrate a legal name change of a licensee or registrant:
(A)CA Business & Professions Code § 27.5(b)(1)(A) A certified court order issued pursuant to a proceeding authorized by subdivision (b) of Section 1277 of the Code of Civil Procedure and a copy of the certificate issued under the Secretary of State’s Safe at Home program authorized by Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code reflecting the licensee’s or registrant’s updated name.
(B)CA Business & Professions Code § 27.5(b)(1)(B) A certified court order issued pursuant to a proceeding authorized by Section 1277.5 of the Code of Civil Procedure or Article 7 (commencing with Section 103425) of Chapter 11 of Part 1 of Division 102 of the Health and Safety Code reflecting the licensee’s or registrant’s updated name.
(2)CA Business & Professions Code § 27.5(b)(2) Any of the following documents are sufficient to demonstrate a gender change of a licensee or registrant:
(A)CA Business & Professions Code § 27.5(b)(2)(A) State-issued driver’s license or identification card.
(B)CA Business & Professions Code § 27.5(b)(2)(B) Birth certificate.
(C)CA Business & Professions Code § 27.5(b)(2)(C) Passport.
(D)CA Business & Professions Code § 27.5(b)(2)(D) Social security card.
(E)CA Business & Professions Code § 27.5(b)(2)(E) Court order indicating a gender change from a court of this state, another state, the District of Columbia, any territory of the United States, or any foreign court.
(c)CA Business & Professions Code § 27.5(c) Notwithstanding any other law, all records related to a request by a licensee or registrant for a board to update the individual’s license or registration pursuant to this section, including, but not limited to, all documentation described in subdivision (b), are confidential and not subject to public inspection or disclosure.

Section § 27.6

Explanation

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.

The successor agency to the Bureau for Private Postsecondary and Vocational Education shall transmit any available data regarding school performance, including, but not limited to, attendance and graduation rates, it receives from any schools under its jurisdiction to the California Postsecondary Education Commission.

Section § 28

Explanation

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.

(a)CA Business & Professions Code § 28(a) The Legislature finds that there is a need to ensure that professionals of the healing arts who have demonstrable contact with victims and potential victims of child, elder, and dependent adult abuse, and abusers and potential abusers of children, elders, and dependent adults are provided with adequate and appropriate training regarding the assessment and reporting of child, elder, and dependent adult abuse that will ameliorate, reduce, and eliminate the trauma of abuse and neglect and ensure the reporting of abuse in a timely manner to prevent additional occurrences.
(b)CA Business & Professions Code § 28(b) The Board of Psychology and the Board of Behavioral Sciences shall establish required training in the area of child abuse assessment and reporting for all persons applying for initial licensure and renewal of a license as a psychologist, clinical social worker, professional clinical counselor, or marriage and family therapist. This training shall be required one time only for all persons applying for initial licensure or for licensure renewal.
(c)CA Business & Professions Code § 28(c) All persons applying for initial licensure or renewal of a license as a psychologist, clinical social worker, professional clinical counselor, or marriage and family therapist shall, in addition to all other requirements for licensure or renewal, have completed coursework or training in child abuse assessment and reporting that meets the requirements of this section, including detailed knowledge of the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). The training shall meet all of the following requirements:
(1)CA Business & Professions Code § 28(c)(1) Be obtained from one of the following sources:
(A)CA Business & Professions Code § 28(c)(1)(A) An accredited or approved educational institution, as defined in Sections 2902, 4980.36, 4980.37, 4996.18, and 4999.12, including extension courses offered by those institutions.
(B)CA Business & Professions Code § 28(c)(1)(B) A continuing education provider as specified by the responsible board by regulation.
(C)CA Business & Professions Code § 28(c)(1)(C) A course sponsored or offered by a professional association or a local, county, or state department of health or mental health for continuing education and approved or accepted by the responsible board.
(2)CA Business & Professions Code § 28(c)(2) Have a minimum of seven contact hours.
(3)CA Business & Professions Code § 28(c)(3) Include the study of the assessment and method of reporting of sexual assault, neglect, severe neglect, general neglect, willful cruelty or unjustifiable punishment, corporal punishment or injury, and abuse in out-of-home care. The training shall also include physical and behavioral indicators of abuse, crisis counseling techniques, community resources, rights and responsibilities of reporting, consequences of failure to report, caring for a child’s needs after a report is made, sensitivity to previously abused children and adults, and implications and methods of treatment for children and adults.
(4)CA Business & Professions Code § 28(c)(4) An applicant shall provide the appropriate board with documentation of completion of the required child abuse training.
(d)CA Business & Professions Code § 28(d) The Board of Psychology and the Board of Behavioral Sciences shall exempt an applicant who applies for an exemption from this section and who shows to the satisfaction of the board that there would be no need for the training in the applicant’s practice because of the nature of that practice.
(e)CA Business & Professions Code § 28(e) It is the intent of the Legislature that a person licensed as a psychologist, clinical social worker, professional clinical counselor, or marriage and family therapist have minimal but appropriate training in the areas of child, elder, and dependent adult abuse assessment and reporting. It is not intended that, by solely complying with this section, a practitioner is fully trained in the subject of treatment of child, elder, and dependent adult abuse victims and abusers.
(f)CA Business & Professions Code § 28(f) The Board of Psychology and the Board of Behavioral Sciences are encouraged to include coursework regarding the assessment and reporting of elder and dependent adult abuse in the required training on aging and long-term care issues prior to licensure or license renewal.

Section § 29

Explanation

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.

(a)CA Business & Professions Code § 29(a) The Board of Psychology and the Board of Behavioral Sciences shall consider adoption of continuing education requirements including training in the area of recognizing chemical dependency and early intervention for all persons applying for renewal of a license as a psychologist, clinical social worker, marriage and family therapist, or professional clinical counselor.
(b)CA Business & Professions Code § 29(b) Prior to the adoption of any regulations imposing continuing education relating to alcohol and other chemical dependency, the boards are urged to consider coursework to include, but not necessarily be limited to, the following topics:
(1)CA Business & Professions Code § 29(b)(1) Historical and contemporary perspectives on alcohol and other drug abuse.
(2)CA Business & Professions Code § 29(b)(2) Extent of the alcohol and drug abuse epidemic and its effects on the individual, family, and community.
(3)CA Business & Professions Code § 29(b)(3) Recognizing the symptoms of alcoholism and drug addiction.
(4)CA Business & Professions Code § 29(b)(4) Making appropriate interpretations, interventions, and referrals.
(5)CA Business & Professions Code § 29(b)(5) Recognizing and intervening with affected family members.
(6)CA Business & Professions Code § 29(b)(6) Learning about current programs of recovery, such as 12 step programs, and how therapists can effectively utilize these programs.

Section § 29.5

Explanation

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.

In addition to other qualifications for licensure prescribed by the various acts of boards under the department, applicants for licensure and licensees renewing their licenses shall also comply with Section 17520 of the Family Code.

Section § 3

Explanation

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.

All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code, shall continue to hold the same according to the former tenure thereof.

Section § 30

Explanation

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.

(a)Copy CA Business & Professions Code § 30(a)
(1)Copy CA Business & Professions Code § 30(a)(1) Notwithstanding any other law, any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicant’s social security number for all other applicants.
(2)Copy CA Business & Professions Code § 30(a)(2)
(A)Copy CA Business & Professions Code § 30(a)(2)(A) In accordance with Section 135.5, a board, as defined in Section 22, the State Bar of California, and the Department of Real Estate shall require either the individual taxpayer identification number or social security number if the applicant is an individual for a license or certificate, as defined in subparagraph (2) of subdivision (e), and for purposes of this subdivision.
(B)CA Business & Professions Code § 30(a)(2)(A)(B) In implementing the requirements of subparagraph (A), a licensing board shall not require an individual to disclose either citizenship status or immigration status for purposes of licensure.
(C)CA Business & Professions Code § 30(a)(2)(A)(C) A licensing board shall not deny licensure to an otherwise qualified and eligible individual based solely on the individual’s citizenship status or immigration status.
(D)CA Business & Professions Code § 30(a)(2)(A)(D) The Legislature finds and declares that the requirements of this subdivision are consistent with subsection (d) of Section 1621 of Title 8 of the United States Code.
(b)CA Business & Professions Code § 30(b) A licensee failing to provide the federal employer identification number, or the individual taxpayer identification number or social security number shall be reported by the licensing board to the Franchise Tax Board. If the licensee fails to provide that information after notification pursuant to paragraph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code, the licensee shall be subject to the penalty provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation Code.
(c)CA Business & Professions Code § 30(c) In addition to the penalty specified in subdivision (b), a licensing board shall not process an application for an initial license unless the applicant provides its federal employer identification number, or individual taxpayer identification number or social security number where requested on the application.
(d)CA Business & Professions Code § 30(d) A licensing board shall, upon request of the Franchise Tax Board or the Employment Development Department, furnish to the board or the department, as applicable, the following information with respect to every licensee:
(1)CA Business & Professions Code § 30(d)(1) Name.
(2)CA Business & Professions Code § 30(d)(2) Address or addresses of record.
(3)CA Business & Professions Code § 30(d)(3) Federal employer identification number if the licensee is a partnership, or the licensee’s individual taxpayer identification number or social security number for all other licensees.
(4)CA Business & Professions Code § 30(d)(4) Type of license.
(5)CA Business & Professions Code § 30(d)(5) Effective date of license or a renewal.
(6)CA Business & Professions Code § 30(d)(6) Expiration date of license.
(7)CA Business & Professions Code § 30(d)(7) Whether license is active or inactive, if known.
(8)CA Business & Professions Code § 30(d)(8) Whether license is new or a renewal.
(e)CA Business & Professions Code § 30(e) For the purposes of this section:
(1)CA Business & Professions Code § 30(e)(1) “Licensee” means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(2)CA Business & Professions Code § 30(e)(2) “License” includes a certificate, registration, or any other authorization needed to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(3)CA Business & Professions Code § 30(e)(3) “Licensing board” means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate.
(f)CA Business & Professions Code § 30(f) The reports required under this section shall be filed on magnetic media or in other machine-readable form, according to standards furnished by the Franchise Tax Board or the Employment Development Department, as applicable.
(g)CA Business & Professions Code § 30(g) Licensing boards shall provide to the Franchise Tax Board or the Employment Development Department the information required by this section at a time that the board or the department, as applicable, may require.
(h)CA Business & Professions Code § 30(h) Notwithstanding Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, a federal employer identification number, individual taxpayer identification number, or social security number furnished pursuant to this section shall not be deemed to be a public record and shall not be open to the public for inspection.
(i)CA Business & Professions Code § 30(i) A deputy, agent, clerk, officer, or employee of a licensing board described in subdivision (a), or any former officer or employee or other individual who, in the course of their employment or duty, has or has had access to the information required to be furnished under this section, shall not disclose or make known in any manner that information, except as provided pursuant to this section, to the Franchise Tax Board, the Employment Development Department, the Office of the Chancellor of the California Community Colleges, a collections agency contracted to collect funds owed to the State Bar by licensees pursuant to Sections 6086.10 and 6140.5, or as provided in subdivisions (j) and (k).
(j)CA Business & Professions Code § 30(j) It is the intent of the Legislature in enacting this section to utilize the federal employer identification number, individual taxpayer identification number, or social security number for the purpose of establishing the identification of persons affected by state tax laws, for purposes of compliance with Section 17520 of the Family Code, for purposes of measuring employment outcomes of students who participate in career technical education programs offered by the California Community Colleges, and for purposes of collecting funds owed to the State Bar by licensees pursuant to Section 6086.10 and Section 6140.5 and, to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(k)CA Business & Professions Code § 30(k) If the board utilizes a national examination to issue a license, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of any licensing board described in subdivision (a) may release an individual taxpayer identification number or social security number to an examination or licensing entity, only for the purpose of verification of licensure or examination status.
(l)CA Business & Professions Code § 30(l) For the purposes of enforcement of Section 17520 of the Family Code, and notwithstanding any other law, a board, as defined in Section 22, the State Bar of California, and the Department of Real Estate shall at the time of issuance of the license require that each licensee provide the individual taxpayer identification number or social security number of each individual listed on the license and any person who qualifies for the license. For the purposes of this subdivision, “licensee” means an entity that is issued a license by any board, as defined in Section 22, the State Bar of California, the Department of Real Estate, and the Department of Motor Vehicles.
(m)CA Business & Professions Code § 30(m) The department shall, upon request by the Office of the Chancellor of the California Community Colleges, furnish to the chancellor’s office, as applicable, the following information with respect to every licensee:
(1)CA Business & Professions Code § 30(m)(1) Name.
(2)CA Business & Professions Code § 30(m)(2) Federal employer identification number if the licensee is a partnership, or the licensee’s individual taxpayer identification number or social security number for all other licensees.
(3)CA Business & Professions Code § 30(m)(3) Date of birth.
(4)CA Business & Professions Code § 30(m)(4) Type of license.
(5)CA Business & Professions Code § 30(m)(5) Effective date of license or a renewal.
(6)CA Business & Professions Code § 30(m)(6) Expiration date of license.
(n)CA Business & Professions Code § 30(n) The department shall make available information pursuant to subdivision (m) only to allow the chancellor’s office to measure employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and recommend how these programs may be improved. Licensure information made available by the department pursuant to this section shall not be used for any other purpose.
(o)CA Business & Professions Code § 30(o) The department may make available information pursuant to subdivision (m) only to the extent that making the information available complies with state and federal privacy laws.
(p)CA Business & Professions Code § 30(p) The department may, by agreement, condition or limit the availability of licensure information pursuant to subdivision (m) in order to ensure the security of the information and to protect the privacy rights of the individuals to whom the information pertains.
(q)CA Business & Professions Code § 30(q) All of the following apply to the licensure information made available pursuant to subdivision (m):
(1)CA Business & Professions Code § 30(q)(1) It shall be limited to only the information necessary to accomplish the purpose authorized in subdivision (n).
(2)CA Business & Professions Code § 30(q)(2) It shall not be used in a manner that permits third parties to personally identify the individual or individuals to whom the information pertains.
(3)CA Business & Professions Code § 30(q)(3) Except as provided in subdivision (n), it shall not be shared with or transmitted to any other party or entity without the consent of the individual or individuals to whom the information pertains.
(4)CA Business & Professions Code § 30(q)(4) It shall be protected by reasonable security procedures and practices appropriate to the nature of the information to protect that information from unauthorized access, destruction, use, modification, or disclosure.
(5)CA Business & Professions Code § 30(q)(5) It shall be immediately and securely destroyed when no longer needed for the purpose authorized in subdivision (n).
(r)CA Business & Professions Code § 30(r) The department or the chancellor’s office may share licensure information with a third party who contracts to perform the function described in subdivision (n), if the third party is required by contract to follow the requirements of this section.

Section § 31

Explanation

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.

(a)CA Business & Professions Code § 31(a) As used in this section, “board” means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession.
(b)CA Business & Professions Code § 31(b) Each applicant for the issuance or renewal of a license, certificate, registration, or other means to engage in a business or profession regulated by a board who is not in compliance with a judgment or order for support shall be subject to Section 17520 of the Family Code.
(c)CA Business & Professions Code § 31(c) “Compliance with a judgment or order for support” has the meaning given in paragraph (4) of subdivision (a) of Section 17520 of the Family Code.
(d)CA Business & Professions Code § 31(d) Each licensee or applicant whose name appears on a list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code shall be subject to Section 494.5.
(e)CA Business & Professions Code § 31(e) Each application for a new license or renewal of a license shall indicate on the application that the law allows the California Department of Tax and Fee Administration and the Franchise Tax Board to share taxpayer information with a board and requires the licensee to pay the licensee’s state tax obligation and that the licensee’s license may be suspended if the state tax obligation is not paid.
(f)CA Business & Professions Code § 31(f) For purposes of this section, “tax obligation” means the tax imposed under, or in accordance with, Part 1 (commencing with Section 6001), Part 1.5 (commencing with Section 7200), Part 1.6 (commencing with Section 7251), Part 1.7 (commencing with Section 7280), Part 10 (commencing with Section 17001), or Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code.

Section § 32

Explanation

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.

(a)CA Business & Professions Code § 32(a) The Legislature finds that there is a need to ensure that professionals of the healing arts who have or intend to have significant contact with patients who have, or are at risk to be exposed to, acquired immune deficiency syndrome (AIDS) are provided with training in the form of continuing education regarding the characteristics and methods of assessment and treatment of the condition.
(b)CA Business & Professions Code § 32(b) A board vested with the responsibility of regulating the following licensees shall consider including training regarding the characteristics and method of assessment and treatment of acquired immune deficiency syndrome (AIDS) in any continuing education or training requirements for those licensees: chiropractors, medical laboratory technicians, dentists, dental hygienists, dental assistants, physicians and surgeons, podiatrists, registered nurses, licensed vocational nurses, psychologists, physician assistants, respiratory therapists, acupuncturists, marriage and family therapists, licensed educational psychologists, clinical social workers, and professional clinical counselors.

Section § 35

Explanation

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.

It is the policy of this state that, consistent with the provision of high-quality services, persons with skills, knowledge, and experience obtained in the armed services of the United States should be permitted to apply this learning and contribute to the employment needs of the state at the maximum level of responsibility and skill for which they are qualified. To this end, rules and regulations of boards provided for in this code shall provide for methods of evaluating education, training, and experience obtained in the armed services, if applicable to the requirements of the business, occupation, or profession regulated. These rules and regulations shall also specify how this education, training, and experience may be used to meet the licensure requirements for the particular business, occupation, or profession regulated. Each board shall consult with the Department of Veterans Affairs and the Military Department before adopting these rules and regulations. Each board shall perform the duties required by this section within existing budgetary resources of the agency within which the board operates.

Section § 4

Explanation

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.

No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible.

Section § 40

Explanation

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.

(a)CA Business & Professions Code § 40(a) Subject to the standards described in Section 19130 of the Government Code, any board, as defined in Section 22, the State Board of Chiropractic Examiners, or the Osteopathic Medical Board of California may enter into an agreement with an expert consultant to do any of the following:
(1)CA Business & Professions Code § 40(a)(1) Provide an expert opinion on enforcement-related matters, including providing testimony at an administrative hearing.
(2)CA Business & Professions Code § 40(a)(2) Assist the board as a subject matter expert in examination development, examination validation, or occupational analyses.
(3)CA Business & Professions Code § 40(a)(3) Evaluate the mental or physical health of a licensee or an applicant for a license as may be necessary to protect the public health and safety.
(b)CA Business & Professions Code § 40(b) An executed contract between a board and an expert consultant shall be exempt from the provisions of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.
(c)CA Business & Professions Code § 40(c) Each board shall establish policies and procedures for the selection and use of expert consultants.
(d)CA Business & Professions Code § 40(d) Nothing in this section shall be construed to expand the scope of practice of an expert consultant providing services pursuant to this section.

Section § 5

Explanation
If you have a license or certificate from a law that was repealed, your rights are not taken away. You can still use those rights, but you have to follow the new rules in this code.
No rights given by any license or certificate under any act repealed by this code are affected by the enactment of this code or by such repeal, but such rights shall hereafter be exercised according to the provisions of this code.

Section § 6

Explanation

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.

All persons who, at the time this code goes into effect, are entitled to a certificate under any act repealed by this code, are thereby entitled to a certificate under the provisions of this code so far as the provisions of this code are applicable.

Section § 7

Explanation

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.

Any conviction for a crime under any act repealed by this code, which crime is continued as a public offense by this code, constitutes a conviction under this code for any purpose for which it constituted a conviction under the act repealed.

Section § 7.5

Explanation

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.

(a)CA Business & Professions Code § 7.5(a) A conviction within the meaning of this code means a judgment following a plea or verdict of guilty or a plea of nolo contendere or finding of guilt. Any action which a board is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence. However, a board may not deny a license to an applicant who is otherwise qualified pursuant to subdivision (b) or (c) of Section 480.
(b)Copy CA Business & Professions Code § 7.5(b)
(1)Copy CA Business & Professions Code § 7.5(b)(1) Nothing in this section shall apply to the licensure of persons pursuant to Chapter 4 (commencing with Section 6000) of Division 3.
(2)CA Business & Professions Code § 7.5(b)(2) This section does not in any way modify or otherwise affect the existing authority of the following entities in regard to licensure:
(A)CA Business & Professions Code § 7.5(b)(2)(A) The State Athletic Commission.
(B)CA Business & Professions Code § 7.5(b)(2)(B) The Bureau for Private Postsecondary Education.
(C)CA Business & Professions Code § 7.5(b)(2)(C) The California Horse Racing Board.
(c)CA Business & Professions Code § 7.5(c) Except as provided in subdivision (b), this section controls over and supersedes the definition of conviction contained within individual practice acts under this code.
(d)CA Business & Professions Code § 7.5(d) This section shall become operative on July 1, 2020.

Section § 8

Explanation

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.

Unless the context otherwise requires, the general provisions hereinafter set forth shall govern the construction of this code.

Section § 9

Explanation

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.

Division, part, chapter, article and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of this code.