California Business and Professions Code 115.10 – (a) For purposes of this section, the following definitions …
(a) For purposes of this section, the following definitions apply:
(1) “Applicant” means a servicemember or a spouse of a servicemember.
Terms Used In California Business and Professions Code 115.10
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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. See California Business and Professions Code 31
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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. See California Business and Professions Code 23.7
- 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. See California Business and Professions Code 23.8
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Spouse: includes "registered domestic partner" as required by §. See California Business and Professions Code 14.2
- State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
- Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
(2) “Board” means an entity described in Section 101.
(3) “Professional license” means an individual professional license and does not include a business or entity license.
(4) “Registering authority” means a board or the Department of Real Estate, as applicable.
(5) “Spouse” means an individual who is married to, or who is in a domestic partnership or other legal union with, a military servicemember.
(b) Notwithstanding any other law, a registering authority shall register an applicant who satisfies all of the following requirements:
(1) The applicant holds a professional license in good standing in another state, district, or territory of the United States that confers on the applicant the authority to practice a profession or vocation within a similar scope of practice as that regulated by the registering authority.
(2) The applicant relocated to this state because of military orders for military service within this state and the applicant submits to the registering authority a copy of the military orders.
(3) The applicant performed at least one activity within the scope and under the authority of their professional license during the two years immediately preceding the relocation to this state.
(4) For an applicant who is licensed within the same professional discipline in more than one jurisdiction, both of the following:
(A) The applicant maintains each license in good standing.
(B) The applicant submits to the registering authority written verification from, or documentation printed from an online licensing system for, each jurisdiction that the applicant’s license is in good standing in the jurisdiction.
(5) The applicant submits to the registering authority written verification from, or documentation printed from an online licensing system for, the applicant’s original licensing jurisdiction that the applicant’s license is in good standing in that jurisdiction.
(6) For an applicant that is a spouse, the applicant submits evidence to the registering authority that the applicant is married to, or in a domestic partnership or other legal union with, a servicemember who is subject to military orders described in paragraph (2).
(7) The applicant submits to the registering authority their California address of record and an affidavit attesting to both of the following:
(A) The applicant meets all of the requirements for registration under this section.
(B) The information submitted to the registering authority pursuant to this section is accurate to the best of the applicant’s knowledge.
(c) (1) The registering authority shall register an applicant within 30 days of receiving all applicable documentation described in subdivision (b).
(2) The registering authority shall not register an applicant who fails to provide all applicable documentation described in subdivision (b) and shall deem the applicant’s request for registration incomplete.
(d) For each person registered pursuant to this section, the registering authority shall post all of the following on the registering authority’s internet website:
(1) The person’s name.
(2) The person’s California address of record.
(3) The person’s registration status.
(4) The state name and license number of each license from each original licensing jurisdiction.
(e) A person registered pursuant to this section shall be deemed to be a licensee of the registering authority for purposes of the laws administered by that registering authority relating to standards of practice, discipline, and continuing education for the duration of the military orders described in paragraph (2) of subdivision (b), and the registration shall expire when those military orders expire.
(f) A registering authority may take appropriate enforcement action against a person registered pursuant to this section, including, but not limited to, revoking or suspending the registration of a person who does not meet the requirements of subdivision (b) or the laws applicable to licensees pursuant to subdivision (e).
(g) A registering authority shall not collect or require a fee for registration pursuant to this section.
(h) A registering authority may develop and publish guidance to implement this section.
(Added by Stats. 2023, Ch. 196, Sec. 1. (SB 143) Effective September 13, 2023.)