Today's Law As Amended


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AB-107 Licensure: veterans and military spouses.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 115.6 of the Business and Professions Code is amended to read:

115.6.
 (a) A (1)  Except as provided in subdivision (i), a  board within the department shall, after appropriate investigation, issue the following eligible temporary licenses to an applicant if the applicant  a temporary license to practice a profession or vocation to an applicant who  meets the requirements set forth in subdivision (c): subdivisions (c) and (d). 
(1) Registered nurse license by the Board of Registered Nursing.
(2) Vocational nurse license issued by the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(3) Psychiatric technician license issued by the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(4) Speech-language pathologist license issued by the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(5) Audiologist license issued by the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(6) Veterinarian license issued by the Veterinary Medical Board.
(7) All licenses issued by the Board for Professional Engineers, Land Surveyors, and Geologists.
(8) (2)  All  Revenues from fees for temporary  licenses issued by the Medical Board of California. California Board of Accountancy shall be credited to the Accountancy Fund in accordance with Section 5132. 
(9) All licenses issued by the Podiatric Medical Board of California.
(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) An applicant seeking a temporary license pursuant to this section shall meet the following requirements:
(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) 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 for which the applicant seeks a temporary license from the board.
(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 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) 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) 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) (A)  The applicant shall, upon request by a board, furnish a full set of fingerprints for purposes of conducting a criminal background check.
(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) 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.
(d) (e)  A board may adopt regulations necessary to administer this section. 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. 
(e) (f)  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.
(f) (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.
(g) (h)  A temporary license issued pursuant to this section shall expire 12 months after issuance, upon issuance of an expedited license pursuant to Section 115.5, or upon denial of the application for expedited licensure by the board,  a standard license, upon issuance of a license by endorsement, or upon issuance of an expedited license pursuant to Section 115.5,  whichever occurs first.
(i) A board shall submit to the department for approval, if necessary to implement this section, draft regulations necessary to administer this section by June 15, 2022. 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) (A) 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).
(B) This section shall apply only to the extent that it does not amend an initiative or violate constitutional requirements.

SEC. 2.

 Section 115.8 is added to the Business and Professions Code, to read:

115.8.
 The Department of Consumer Affairs, the Commission on Teacher Credentialing, and the Department of Real Estate shall compile information on military, veteran, 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:
(a) The number of applications for a temporary license submitted by active duty servicemembers, veterans, or military spouses per calendar year, pursuant to Section 115.6.
(b) The number of applications for expedited licenses submitted by veterans and active duty spouses pursuant to Sections 115.4 and 115.5.
(c) The number of licenses issued and denied per calendar year pursuant to Sections 115.4, 115.5, and 115.6.
(d) The number of licenses issued pursuant to Section 115.6 that were suspended or revoked per calendar year.
(e) The number of applications for waived renewal fees received and granted pursuant to Section 114.3 per calendar year.
(f) The average length of time between application and issuance of licenses pursuant to Sections 115.4, 115.5, and 115.6 per board and occupation.

SEC. 3.

 Section 115.9 is added to the Business and Professions Code, to read:

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

SEC. 3.SEC. 4.

 Section 2946 of the Business and Professions Code is amended to read:

2946.
 (a)  The board shall grant a license to any person who passes the board’s supplemental licensing examination and, at the time of application, has been licensed for at least five years by a psychology licensing authority in another state or Canadian province if the requirements for obtaining a certificate or license in that state or province were substantially equivalent to the requirements of this chapter.
(b)  A psychologist certified or licensed in another state or province and who has made application to the board for a license in this state may perform activities and services of a psychological nature without a valid license for a period not to exceed 180 calendar days from the time of submitting his or her  their  application or from the commencement of residency in this state, whichever first occurs.
(c) A psychologist certified or licensed in another state or province 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 and who has made application to the board for a license in this state may perform activities and services of a psychological nature without a valid license for a period not to exceed twelve months from the time of submitting their application or from the commencement of residency in this state, whichever first occurs.
(d)  The board at its discretion may waive the examinations, examinations  when in the judgment of the board the applicant has already demonstrated competence in areas covered by the examinations. The board at its discretion may waive the examinations for diplomates of the American Board of Professional Psychology.

SEC. 4.SEC. 5.

 Section 5132 of the Business and Professions Code is amended to read:

5132.
 (a)  All moneys received by the board under this chapter from any source and for any purpose and from a temporary license issued under Section 115.6  shall be accounted for and reported monthly by the board to the Controller and at the same time the moneys shall be remitted to the State Treasury to the credit of the Accountancy Fund.
(b)  The secretary-treasurer of the board shall, from time to time, but not less than once each fiscal year, prepare or have prepared on his or her  their  behalf, a financial report of the Accountancy Fund that contains information that the board determines is necessary for the purposes for which the board was established.
(c)  The report of the Accountancy Fund, which shall be published pursuant to Section 5008, shall include the revenues and the related costs from examination, initial licensing, license renewal, citation and fine authority, and cost recovery from enforcement actions and case settlements.
SEC. 6.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.