SECTIONS 450-453 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 450-453

450. In addition to the qualifications provided in the respective
chapters of this code, a public member or a lay member of any board
shall not be, nor shall he have been within the period of five years
immediately preceding his appointment, any of the following:
(a) An employer, or an officer, director, or substantially
full-time representative of an employer or group of employers, of any
licentiate of such board, except that this shall not preclude the
appointment of a person which maintains infrequent employer status
with such licentiate, or maintains a client, patient, or customer
relationship with any such licentiate which does not constitute more
than 2 percent of the practice or business of the licentiate.
(b) A person maintaining a contractual relationship with a
licentiate of such board, which would constitute more than 2 percent
of the practice or business of any such licentiate, or an officer,
director, or substantially full-time representative of such person or
group of persons.
(c) An employee of any licentiate of such board, or a
representative of such employee, except that this shall not preclude
the appointment of a person who maintains an infrequent employee
relationship or a person rendering professional or related services
to a licentiate if such employment or service does not constitute
more than 2 percent of the employment or practice of the member of
the board.

450.2. In order to avoid a potential for a conflict of interest, a
public member of a board shall not:
(a) Be a current or past licensee of that board.
(b) Be a close family member of a licensee of that board.

450.3. No public member shall either at the time of his appointment
or during his tenure in office have any financial interest in any
organization subject to regulation by the board, commission or
committee of which he is a member.

450.5. A public member, or a lay member, at any time within five
years immediately preceding his or her appointment, shall not have
been engaged in pursuits which lie within the field of the industry
or profession, or have provided representation to the industry or
profession, regulated by the board of which he or she is a member,
nor shall he or she engage in those pursuits or provide that
representation during his or her term of office.

450.6. Notwithstanding any other section of law, a public member
may be appointed without regard to age so long as the public member
has reached the age of majority prior to appointment.

451. If any board shall as a part of its functions delegate any
duty or responsibility to be performed by a single member of such
board, such delegation shall not be made solely to any public member
or any lay member of the board in any of the following instances:
(a) The actual preparation of, the administration of, and the
grading of, examinations.
(b) The inspection or investigation of licentiates, the manner or
method of practice or doing business, or their place of practice or
business.
Nothing in this section shall be construed as precluding a public
member or a lay member from participating in the formation of policy
relating to the scope of the activities set forth in subdivisions (a)
and (b) or in the approval, disapproval or modification of the
action of its individual members, nor preclude such member from
participating as a member of a subcommittee consisting of more than
one member of the board in the performance of any duty.

452. "Board," as used in this chapter, includes a board, advisory
board, commission, examining committee, committee or other similarly
constituted body exercising powers under this code.

453. Every newly appointed board member shall, within one year of
assuming office, complete a training and orientation program offered
by the department regarding, among other things, his or her
functions, responsibilities, and obligations as a member of a board.
The department shall adopt regulations necessary to establish this
training and orientation program and its content.