Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.
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AMENDED IN SENATE JUNE 1, 2009
AMENDED IN SENATE MAY 5, 2009
INTRODUCED BY Senator Negrete McLeod
FEBRUARY 26, 2009
An act to amend Section 144 of, and to add Sections 144.5 and
144.6 to, the Business and Professions Code, relating to professions
and vocations.
LEGISLATIVE COUNSEL'S DIGEST
SB 389, as amended, Negrete McLeod. Professions and vocations.
Existing law provides for the licensure and regulation of various
professions and vocations by boards within the Department of Consumer
Affairs. Existing law authorizes a board to suspend or revoke a
license on various grounds, including, but not limited to, conviction
of a crime, if the crime is substantially related to the
qualifications, functions, or duties of the business or profession
for which the license was issued. Existing law requires applicants to
certain boards to provide a full set of fingerprints for the purpose
of conducting criminal history record checks.
This bill would make that fingerprinting requirement applicable to
the Dental Board of California, the Dental Hygiene Committee of
California, the Professional Fiduciaries Bureau, the Osteopathic
Medical Board of California, the California Board of Podiatric
Medicine, and the State Board of Chiropractic Examiners. The bill
would require
new applicants for a license
and,
and petitioners for reinstatement of a revoked,
surrendered, or canceled license, to successfully complete a state
and federal level criminal record information search. The bill would
also require, commencing January 1, 2011, licensees who have
not previously submitted fingerprints, or for whom a record of the
submission of fingerprints no longer exists, to
successfully
complete
the process necessary for a state and
federal level criminal offender record information search, as
specified. The bill would require licensees
applying for licens
e renewal to certify compliance with that
requirement, as specified, and would subject a licensee to
disciplinary action for making a false certification. The bill would
also require a licensee to, as a condition of renewal of the license,
notify the board on the license renewal form if he or she
, or
any member of the personnel of record of the licensee, has been
convicted, as defined, of a felony or misdemeanor since
his
or her the last renewal, or if this is the
licensee's first renewal, since the initial license was issued.
The bill would provide that the Contractors' State License
Board shall implement the provisions pertaining to renewal licenses
on a specified schedule, after an appropriation is made for this
purpose, utilizing its applicable fees.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 144 of the Business and Professions Code is
amended to read:
144. (a) Notwithstanding any other provision of law, an agency
designated in subdivision (b) shall require an applicant for a
license
or a petitioner for reinstatement of a revoked,
surrendered, or canceled license to furnish to the agency a full
set of fingerprints for purposes of conducting criminal history
record checks and shall require the applicant
or petitioner
to successfully complete a state and federal level criminal offender
record information search conducted through the Department of
Justice as provided in subdivision (c) or as otherwise provided in
this code.
(b) Subdivision (a) applies to the following:
(1) California Board of Accountancy.
(2) State Athletic Commission.
(3) Board of Behavioral Sciences.
(4) Court Reporters Board of California.
(5) State Board of Guide Dogs for the Blind.
(6) California State Board of Pharmacy.
(7) Board of Registered Nursing.
(8) Veterinary Medical Board.
(9) Registered Veterinary Technician Committee.
(10) Board of Vocational Nursing and Psychiatric Technicians.
(11) Respiratory Care Board of California.
(12) Hearing Aid Dispensers Bureau.
(13) Physical Therapy Board of California.
(14) Physician Assistant Committee of the Medical Board of
California.
(15) Speech-Language Pathology and Audiology Board.
(16) Medical Board of California.
(17) State Board of Optometry.
(18) Acupuncture Board.
(19) Cemetery and Funeral Bureau.
(20) Bureau of Security and Investigative Services.
(21) Division of Investigation.
(22) Board of Psychology.
(23) California Board of Occupational Therapy.
(24) Structural Pest Control Board.
(25) Contractors' State License Board.
(26) Bureau of Naturopathic Medicine.
(27) Dental Board of California.
(28) Dental Hygiene Committee of California.
(29) Professional Fiduciaries Bureau.
(30) California Board of Podiatric Medicine.
(31) Osteopathic Medical Board of California.
(32) State Board of Chiropractic Examiners.
(c) Except as otherwise provided in this code, each agency listed
in subdivision (b) shall direct applicants for a license
or a
petitioner for reinstatement of a revoked, surrendered, or canceled
license to submit to the Department of Justice fingerprint
images and related information required by the Department of Justice
for the purpose of obtaining information as to the existence and
content of a record of state or federal convictions and state or
federal arrests and also information as to the existence and content
of a record of state or federal arrests for which the Department of
Justice establishes that the person is free on bail or on his or her
recognizance pending trial or appeal. The Department of Justice shall
forward the fingerprint images and related information received to
the Federal Bureau of Investigation and request federal criminal
history information. The Department of Justice shall compile and
disseminate state and federal responses to the agency pursuant to
subdivision (p) of Section 11105 of the Penal Code. The agency shall
request from the Department of Justice subsequent arrest notification
service, pursuant to Section 11105.2 of the Penal Code, for each
person who submitted information pursuant to this subdivision. The
Department of Justice shall charge a fee sufficient to cover the cost
of processing the request described in this section.
SEC. 2. Section 144.5 is added to the Business and Professions
Code, to read:
144.5. (a) Notwithstanding any other provision of law, an agency
designated in subdivision (b) of Section 144 shall require a licensee
who has not previously submitted fingerprints or for whom a record
of the submission of fingerprints no longer exists to, as a condition
of license renewal,
successfully complete
complete the process necessary for a state and federal level
criminal offender record information search
to be
conducted through the Department of Justice as provided in
subdivision (d).
(b) (1) A licensee described in subdivision (a) shall, as a
condition of license renewal, certify on the renewal application that
he or she has successfully completed a state and federal level
criminal offender record information search pursuant to subdivision
(d).
(2) The licensee shall retain for at least three years, as
evidence of the certification made pursuant to paragraph (1), either
a receipt showing that he or she has electronically transmitted his
or her fingerprint images to the Department of Justice or, for those
licensees who did not use an electronic fingerprinting system, a
receipt evidencing that the licensee's fingerprints were taken.
(b) (1) As a condition of license renewal, a licensee described in
subdivision (a) shall complete the process necessary for a state and
federal level criminal offender record information search to be
conducted as provided in subdivision (d).
(2) No license of a licensee described in subdivision (a) shall be
renewed until certification by the licensee is received by the
agency verifying that the licensee has complied with this
subdivision. The certification shall be made on a form provided by
the agency not later than the renewal date of the license.
(3) As evidence of the certification made pursuant to paragraph
(2), the licensee shall retain either of the following for at least
three years:
(A) The receipt showing that the fingerprint images required by
this section were electronically transmitted to the Department of
Justice.
(B) For those licensees who did not use an electronic
fingerprinting system, the receipt evidencing that the fingerprint
images required by this section were taken.
(c) Failure to provide the certification required by subdivision
(b) renders an application for
license renewal incomplete.
An agency shall not renew the license until a complete application
is submitted.
(d) Each agency listed in subdivision (b) of Section 144 shall
direct licensees described in subdivision (a) to submit to the
Department of Justice fingerprint images and related information
required by the Department of Justice for the purpose of obtaining
information as to the existence and content of a record of state or
federal convictions and state or federal arrests and also information
as to the existence and content of a record of state or federal
arrests for which the Department of Justice establishes that the
person is free on bail or on his or her recognizance pending trial or
appeal. The Department of Justice shall forward the fingerprint
images and related information received to the Federal Bureau of
Investigation and request federal criminal history information. The
Department of Justice shall compile and disseminate state and federal
responses to the agency pursuant to subdivision (p) of Section 11105
of the Penal Code. The agency shall request from the Department of
Justice subsequent arrest notification service, pursuant to Section
11105.2 of the Penal Code, for each person who submitted information
pursuant to this subdivision. The Department of Justice shall charge
a fee sufficient to cover the cost of processing the request
described in this section.
(e) An agency may waive the requirements of this section if the
license is inactive or retired, or if the licensee is actively
serving in the military. The agency
may shall
not activate an inactive license or return a retired license
to full licensure status for a licensee described in subdivision (a)
until the licensee has successfully completed a state and federal
level criminal offender record information search pursuant to
subdivision (d).
(f) With respect to licensees that are business entities, each
agency listed in subdivision (b) of Section 144 shall, by regulation,
determine which owners, officers, directors, shareholders, members,
agents, employees, or other natural persons who are representatives
of the business entity are required to submit fingerprint images to
the Department of Justice and disclose the information on its renewal
forms, as required by this section.
(g)
(f) A licensee who falsely certifies
completion of a state and federal level criminal record information
search under subdivision
(b) may be subject to disciplinary
action by his or her licensing agency. (b)
shall be subject to disciplinary action.
(g) (1) As it relates to the Contractors' State License Board, the
provisions of this section shall become operative on the date on
which an appropriation is made in the annual Budget Act to fund the
activities of the Contractors' State License Board to accommodate a
criminal history record check pursuant to this section. If this
section becomes operative with respect to the Contractors' State
License Board on or before July 1, 2012, the Contractors' State
License Board shall implement this section according to the following
schedule, and shall utilize the fees under its fee cap accordingly:
(A) For licenses initially issued between January 1, 2000, and
December 31, 2005, inclusive, the certification required under
subdivision (b) shall be submitted during the license renewal period
that commences on January 1, 2013.
(B) For licenses initially issued between January 1, 1990, and
December 31, 1999, inclusive, the certification required under
subdivision (b) shall be submitted during the license renewal period
that commences on January 1, 2015.
(C) For licenses initially issued prior to January 1, 1990, the
certification required under subdivision (b) shall be submitted
during the license renewal period that commences on January 1, 2017.
(2) If this section becomes operative with respect to the
Contractors' State License Board after July 1, 2012, the license
renewal period commencement dates specified in subparagraphs (A),
(B), and (C) of paragraph (1) shall be delayed one year at a time
until this section becomes operative with respect to the Contractors'
State License Board.
(h) This section shall become operative on January 1, 2011.
SEC. 3. Section 144.6 is added to the Business and Professions
Code, to read:
144.6. (a) An agency described in subdivision (b) of Section 144
shall require a licensee, as a condition of license renewal, to
notify the board on the license renewal form if he or she
has been notify the agency on the license renewal form
if he or she, or any member of the personnel of record of the
licensee, has been convicted, as defined in Section 490, of a
felony or misdemeanor
since his or her last renewal, or if
this is the licensee's first renewal, since the initial license was
issued. si nce the license was last renewed,
or since the license was initially issued if it has not been
previously renewed.
(b) The reporting requirement imposed under this section shall
apply in addition to any other reporting requirement imposed under
this code.
