SECTIONS 460-462 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 460-462

460. (a) No city or county shall prohibit a person or group of
persons, authorized by one of the agencies in the Department of
Consumer Affairs by a license, certificate, or other such means to
engage in a particular business, from engaging in that business,
occupation, or profession or any portion thereof.
(b) No city, county, or city and county shall prohibit a healing
arts professional licensed with the state under Division 2
(commencing with Section 500) from engaging in any act or performing
any procedure that falls within the professionally recognized scope
of practice of that licensee.
(1) This subdivision shall not be construed to prohibit the
enforcement of a local ordinance in effect prior to January 1, 2010,
related to any act or procedure that falls within the professionally
recognized scope of practice of a healing arts professional licensed
under Division 2 (commencing with Section 500).
(2) This subdivision shall not be construed to prevent a city,
county, or city and county from adopting or enforcing any local
ordinance governing zoning, business licensing, or reasonable health
and safety requirements for establishments or businesses of a healing
arts professional licensed under Division 2 (commencing with Section
500).
(c) Nothing in this section shall prohibit any city, county, or
city and county from levying a business license tax solely for
revenue purposes, nor any city or county from levying a license tax
solely for the purpose of covering the cost of regulation.

461. No public agency, state or local, shall, on an initial
application form for any license, certificate or registration, ask
for or require the applicant to reveal a record of arrest that did
not result in a conviction or a plea of nolo contendere. A violation
of this section is a misdemeanor.
This section shall apply in the case of any license, certificate
or registration provided for by any law of this state or local
government, including, but not limited to, this code, the
Corporations Code, the Education Code, and the Insurance Code.

462. (a) Any of the boards, bureaus, commissions, or programs
within the department may establish, by regulation, a system for an
inactive category of licensure for persons who are not actively
engaged in the practice of their profession or vocation.
(b) The regulation shall contain the following provisions:
(1) The holder of an inactive license issued pursuant to this
section shall not engage in any activity for which a license is
required.
(2) An inactive license issued pursuant to this section shall be
renewed during the same time period in which an active license is
renewed. The holder of an inactive license need not comply with any
continuing education requirement for renewal of an active license.
(3) The renewal fee for a license in an active status shall apply
also for a renewal of a license in an inactive status, unless a
lesser renewal fee is specified by the board.
(4) In order for the holder of an inactive license issued pursuant
to this section to restore his or her license to an active status,
the holder of an inactive license shall comply with all the
following:
(A) Pay the renewal fee.
(B) If the board requires completion of continuing education for
renewal of an active license, complete continuing education
equivalent to that required for renewal of an active license, unless
a different requirement is specified by the board.
(c) This section shall not apply to any healing arts board as
specified in Section 701.