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SB-358 Physicians and surgeons and podiatrists: renewal of expired licenses: payment of accrued fees.(2023-2024)

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Date Published: 03/22/2023 11:10 AM
SB358:v98#DOCUMENT

Amended  IN  Senate  March 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 358

Introduced by Senator Nguyen

February 08, 2023

An act to amend Section 114.3 2427 of the Business and Professions Code, relating to professions and vocations. healing arts.


LEGISLATIVE COUNSEL'S DIGEST


SB 358, as amended, Nguyen. Professional licenses: military service. Physicians and surgeons and podiatrists: renewal of expired licenses: payment of accrued fees.
Existing law provides for the licensure and regulation of physicians and surgeons by the Medical Board of California, and podiatrists by the Podiatric Medical Board of California. Existing law authorizes renewal of the physician and surgeon license or the podiatrist license within a specified period of time after expiration if, among other things, all accrued renewal fees have been paid.
This bill would delete the requirement that all accrued renewal fees be paid, and would make conforming changes.

Existing law provides for the regulation of various professions and vocations by boards within the Department of Consumer Affairs and for the licensure or registration of individuals in this context. Existing law requires these professional and vocational boards, except as specified, to waive renewal fees, continuing education requirements, and other renewal requirements as may be determined applicable by the board, of any licensee or registrant who is called to active duty as a member of the United States Armed Forces or the California National Guard if certain requirements are met.

This bill would make a nonsubstantive change in the above-described provisions relating to licensees and registrants who are called to active duty, as specified.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2427 of the Business and Professions Code is amended to read:

2427.
 (a) Except as provided in Section 2429, a license which that has expired may be renewed at any time within five years after its expiration on filing an application for renewal on a form prescribed by the licensing authority and payment of all accrued renewal fees and any other fees required by Section 2424. If the license is not renewed within 30 days after its expiration, the licensee, as a condition precedent to renewal, shall also pay the prescribed delinquency fee, if any. Except as provided in Section 2424, renewal under this section shall be effective on the date on which the renewal application is filed, on the date on which the renewal fee or accrued renewal fees are is paid, or on the date on which the delinquency fee or the delinquency fee and penalty fee, if any, are paid, whichever last occurs. If so renewed, the license shall continue in effect through the expiration date set forth in Section 2422 or 2423 which that next occurs after the effective date of the renewal, when it shall expire and become invalid if it is not again renewed.
(b) Notwithstanding subdivision (a), the license of a doctor of podiatric medicine which that has expired may be renewed at any time within three years after its expiration on filing an application for renewal on a form prescribed by the licensing authority and payment of all accrued renewal fees and any other fees required by Section 2424. If the license is not renewed within 30 days after its expiration, the licensee, as a condition precedent to renewal, shall also pay the prescribed delinquency fee, if any. Except as provided in Section 2424, renewal under this section shall be effective on the date on which the renewal application is filed, on the date on which the renewal fee or accrued renewal fees are is paid, or on the date on which the delinquency fee or the delinquency fee and penalty fee, if any, are paid, whichever last occurs. If so renewed, the license shall continue in effect through the expiration date set forth in Section 2422 or 2423 which that next occurs after the effective date of the renewal, when it shall expire and become invalid if it is not again renewed.

SECTION 1.Section 114.3 of the Business and Professions Code, as amended by Section 1 of Chapter 386 of the Statutes of 2022, is amended to read:
114.3.

(a)Notwithstanding any other law, each 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)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)The renewal requirements are waived only for the period during which the licensee or registrant is on active duty service.

(3)Written documentation that substantiates the licensee or registrant’s active duty service is provided to the board.

(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)(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)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)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)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)A board may adopt regulations to carry out the provisions of this section.

(g)This section shall not apply to any board that has a similar license renewal waiver process statutorily authorized for that board.