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California Business and Professions Code Section 2230.5

Legal Research Home > California Laws > Business and Professions Code > California Business and Professions Code Section 2230.5

(a) Except as provided in subdivisions (b), (c), and (e),
any accusation filed against a licensee pursuant to Section 11503 of
the Government Code shall be filed within three years after the
board, or a division thereof, discovers the act or omission alleged
as the ground for disciplinary action, or within seven years after
the act or omission alleged as the ground for disciplinary action
occurs, whichever occurs first.
   (b) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging the procurement of a license by
fraud or misrepresentation is not subject to the limitation provided
for by subdivision (a).
   (c) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging unprofessional conduct based on
incompetence, gross negligence, or repeated negligent acts of the
licensee is not subject to the limitation provided for by subdivision
(a) upon proof that the licensee intentionally concealed from
discovery his or her incompetence, gross negligence, or repeated
negligent acts.
   (d) If an alleged act or omission involves a minor, the seven-year
limitations period provided for by subdivision (a) and the 10-year
limitations period provided for by subdivision (e) shall be tolled
until the minor reaches the age of majority.
   (e) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging sexual misconduct shall be
filed within three years after the board, or a division thereof,
discovers the act or omission alleged as the ground for disciplinary
action, or within 10 years after the act or omission alleged as the
ground for disciplinary action occurs, whichever occurs first. This
subdivision shall apply to a complaint alleging sexual misconduct
received by the board on and after January 1, 2002.
   (f) The limitations period provided by subdivision (a) shall be
tolled during any period if material evidence necessary for
prosecuting or determining whether a disciplinary action would be
appropriate is unavailable to the board due to an ongoing criminal
investigation.

Last modified: February 13, 2012