California Business and Professions Code CHAPTER 1 - The Department

• Section 100.
  There is in the state government, in the Business, Consumer Services, and Housing Agency, a Department of Consumer Affairs.(Amended by Stats. 2012, Ch. 147, Sec....
• Section 101.
  The department is comprised of the following:(a) The Dental Board of California.(b) The Medical Board of California.(c) The State Board of Optometry.(d) The California State Board of Pharmacy.(e) The Veterinary...
• Section 101.a.
  The department is comprised of the following:(a) The Dental Board of California.(b) The Medical Board of California.(c) The State Board of Optometry.(d) The California State Board of Pharmacy.(e) The Veterinary...
• Section 101.6.
  The boards, bureaus, and commissions in the department are established for the purpose of ensuring that those private businesses and professions deemed to engage in...
• Section 101.7.
  (a) Notwithstanding any other provision of law, boards shall meet at least three times each calendar year. Boards shall meet at least once each calendar year...
• Section 102.
  Upon the request of any board regulating, licensing, or controlling any professional or vocational occupation created by an initiative act, the Director of Consumer Affairs...
• Section 102.3.
  (a) The director may enter into an interagency agreement with an appropriate entity within the Department of Consumer Affairs as provided for in Section 101 to...
• Section 103.
  Each member of a board, commission, or committee created in the various chapters of Division 2 (commencing with Section 500) and Division 3 (commencing with...
• Section 104.
  All boards or other regulatory entities within the department’s jurisdiction that the department determines to be health-related may adopt regulations to require licensees to display...
• Section 105.
  Members of boards in the department shall take an oath of office as provided in the Constitution and the Government Code.(Added by Stats. 1949, Ch.
• Section 105.5.
  Notwithstanding any other provision of this code, each member of a board, commission, examining committee, or other similarly constituted agency within the department shall hold...
• Section 106.
  The Governor has power to remove from office at any time, any member of any board appointed by him for continued neglect of duties required...
• Section 106.5.
  Notwithstanding any other provision of law, the Governor may remove from office a member of a board or other licensing entity in the department if...
• Section 107.
  Pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution, each board may appoint a person exempt from civil service and...
• Section 107.5.
  If any board in the department uses an official seal pursuant to any provision of this code, the seal shall contain the words “State of...
• Section 108.
  Each of the boards comprising the department exists as a separate unit, and has the functions of setting standards, holding meetings, and setting dates thereof,...
• Section 108.5.
  In any investigation, proceeding or hearing which any board, commission or officer in the department is empowered to institute, conduct, or hold, any witness appearing...
• Section 109.
  (a) The decisions of any of the boards comprising the department with respect to setting standards, conducting examinations, passing candidates, and revoking licenses, are not subject...
• Section 110.
  The department shall have possession and control of all records, books, papers, offices, equipment, supplies, funds, appropriations, land and other property—real or personal—now or hereafter...
• Section 111.
  Unless otherwise expressly provided, any board may, with the approval of the appointing power, appoint qualified persons, who shall be designated as commissioners on examination,...
• Section 112.
  Notwithstanding any other provision of this code, no agency in the department, with the exception of the Board for Professional Engineers and Land Surveyors, shall...
• Section 113.
  Upon recommendation of the director, officers, and employees of the department, and the officers, members, and employees of the boards, committees, and commissions comprising it...
• Section 114.
  (a) Notwithstanding any other provision of this code, any licensee or registrant of any board, commission, or bureau within the department whose license expired while the...
• Section 114.3.
  (a) Notwithstanding any other provision of law, every board, as defined in Section 22, within the department shall waive the renewal fees, continuing education requirements, and...
• Section 114.5.
  (a) Each board shall inquire in every application for licensure if the individual applying for licensure is serving in, or has previously served in, the military.(b) If...
• Section 115.
  The provisions of Section 114 of this code are also applicable to a licensee or registrant whose license or registration was obtained while in the...
• Section 115.4.
  (a) Notwithstanding any other law, on and after July 1, 2016, a board within the department shall expedite, and may assist, the initial licensure process for...
• Section 115.5.
  (a) A board within the department shall expedite the licensure process for an applicant who meets both of the following requirements:(1) Supplies evidence satisfactory to the board...
• Section 115.6.
  (a) A board within the department shall, after appropriate investigation, issue the following eligible temporary licenses to an applicant if he or she meets the requirements...
• Section 116.
  (a) The director may audit and review, upon his or her own initiative, or upon the request of a consumer or licensee, inquiries and complaints regarding...
• Section 118.
  (a) The withdrawal of an application for a license after it has been filed with a board in the department shall not, unless the board has...
• Section 119.
  Any person who does any of the following is guilty of a misdemeanor:(a) Displays or causes or permits to be displayed or has in his or...
• Section 120.
  (a) Subdivision (a) of Section 119 shall not apply to a surviving spouse having in his or her possession or displaying a deceased spouse’s canceled certified...
• Section 121.
  No licensee who has complied with the provisions of this code relating to the renewal of his or her license prior to expiration of such...
• Section 121.5.
  Except as otherwise provided in this code, the application of delinquency fees or accrued and unpaid renewal fees for the renewal of expired licenses or...
• Section 122.
  Except as otherwise provided by law, the department and each of the boards, bureaus, committees, and commissions within the department may charge a fee for...
• Section 123.
  It is a misdemeanor for any person to engage in any conduct which subverts or attempts to subvert any licensing examination or the administration of...
• Section 123.5.
  Whenever any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of Section 123,...
• Section 124.
  Notwithstanding subdivision (c) of Section 11505 of the Government Code, whenever written notice, including a notice, order, or document served pursuant to Chapter 3.5 (commencing...
• Section 125.
  Any person, licensed under Division 1 (commencing with Section 100), Division 2 (commencing with Section 500), or Division 3 (commencing with Section 5000) is guilty...
• Section 125.3.
  (a) Except as otherwise provided by law, in any order issued in resolution of a disciplinary proceeding before any board within the department or before the...
• Section 125.5.
  (a) The superior court for the county in which any person has engaged or is about to engage in any act which constitutes a violation of...
• Section 125.6.
  (a) (1) With regard to an applicant, every person who holds a license under the provisions of this code is subject to disciplinary action under the disciplinary...
• Section 125.7.
  In addition to the remedy provided for in Section 125.5, the superior court for the county in which any licensee licensed under Division 2 (commencing...
• Section 125.8.
  In addition to the remedy provided for in Section 125.5, the superior court for the county in which any licensee licensed under Division 3 (commencing...
• Section 125.9.
  (a) Except with respect to persons regulated under Chapter 11 (commencing with Section 7500), any board, bureau, or commission within the department, the board created by...
• Section 126.
  Notwithstanding any other provision of this code, any board, commission, examining committee, or other similarly constituted agency within the department required prior to the effective...
• Section 127.
  Notwithstanding any other provision of this code, the director may require such reports from any board, commission, examining committee, or other similarly constituted agency within...
• Section 128.
  Notwithstanding any other provision of law, it is a misdemeanor to sell equipment, supplies, or services to any person with knowledge that the equipment, supplies,...
• Section 128.5.
  (a) Notwithstanding any other provision of law, if at the end of any fiscal year, an agency within the Department of Consumer Affairs, except the agencies...
• Section 129.
  (a) As used in this section, “board” means every board, bureau, commission, committee, and similarly constituted agency in the department that issues licenses.(b) Each board shall, upon...
• Section 130.
  (a) Notwithstanding any other law, the term of office of any member of an agency designated in subdivision (b) shall be for a term of four...
• Section 131.
  Notwithstanding any other provision of law, no member of an agency designated in subdivision (b) of Section 130 or member of a board, commission, committee,...
• Section 132.
  No board, commission, examining committee, or any other agency within the department may institute or join any legal action against any other agency within the...
• Section 134.
  When the term of any license issued by any agency in the department exceeds one year, initial license fees for licenses which are issued during...
• Section 135.
  No agency in the department shall, on the basis of an applicant’s failure to successfully complete prior examinations, impose any additional limitations, restrictions, prerequisites, or...
• Section 135.5.
  (a) The Legislature finds and declares that it is in the best interests of the State of California to provide persons who are not lawfully present...
• Section 136.
  (a) Each person holding a license, certificate, registration, permit, or other authority to engage in a profession or occupation issued by a board within the department...
• Section 137.
  Any agency within the department may promulgate regulations requiring licensees to include their license numbers in any advertising, soliciting, or other presentments to the public.However,...
• Section 138.
  Every board in the department, as defined in Section 22, shall initiate the process of adopting regulations on or before June 30, 1999, to require...
• Section 139.
  (a) The Legislature finds and declares that occupational analyses and examination validation studies are fundamental components of licensure programs. It is the intent of the Legislature...
• Section 140.
  Any board, as defined in Section 22, which is authorized under this code to take disciplinary action against a person who holds a license may...
• Section 141.
  (a) For any licensee holding a license issued by a board under the jurisdiction of the department, a disciplinary action taken by another state, by any...
• Section 142.
  This section shall apply to the bureaus and programs under the direct authority of the director, and to any board that, with the prior approval...
• Section 143.
  (a) No person engaged in any business or profession for which a license is required under this code governing the department or any board, bureau, commission,...
• Section 143.5.
  (a) No licensee who is regulated by a board, bureau, or program within the Department of Consumer Affairs, nor an entity or person acting as an...
• Section 144.
  (a) Notwithstanding any other law, an agency designated in subdivision (b) shall require an applicant to furnish to the agency a full set of fingerprints for...
• Section 144.5.
  Notwithstanding any other law, a board described in Section 144 may request, and is authorized to receive, from a local or state agency certified records...

Last modified: October 22, 2018