§ 1416.44. — 1416.44. (Added by Stats. 2001, Ch. 687, Sec. 5.)

California § 1416.44.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 2.: DIVISION 2. LICENSING PROVISIONS
• Ch. 2.35.: CHAPTER 2.35. Nursing Home Administrator Program
• Art. 3.: ARTICLE 3. Licensing

Text

(a)
Notwithstanding any other provision of law, a licensee who permitted his or her license to expire while serving in any branch of the armed services of the United States during a period of war, as defined in subdivision (e), may, upon application, reinstate his or her license without examination or penalty if the following conditions are met:
(1)
His or her license was valid at the time he or she entered the armed services.
(2)
The application for reinstatement is made while serving in the armed services, not later than one year from the date of discharge from active service or return to inactive military status, or within three years following the license date of expiration whichever is the most recent time period.
(3)
The application for reinstatement is accompanied by an affidavit showing the date of entrance into the service, whether still in the service or date of discharge, and the renewal fee for the current renewal period in which the application is filed is paid.
(4)
The application for reinstatement indicates no criminal convictions while absent from the profession.
(b)
If application for reinstatement is filed more than one year after discharge or return to inactive status, the applicant, in the
discretion of the licensing program, may be required to pass an examination and pay additional fees.
(c)
Unless otherwise specifically provided by law, any licensee who, either part time or full time, practices in this state the nursing home administrator profession shall be required to maintain his or her license in good standing even though he or she is in military service.
(d)
For the purposes in this section, time spent by a licensee in receiving treatment or hospitalization in any veterans’ facility during which he or she is prevented from practicing his or her profession or vocation shall be excluded in determining the periods specified in paragraph (2) of subdivision (a).
(e)
As used in this section, “war” means any of the following circumstances:
(1)
Whenever Congress has declared war and peace has not formally been restored.
(2)
Whenever the United States is engaged in active military operations against any foreign power, whether or not war has been formally declared.
(3)
Whenever the United States is assisting the United Nations, in actions involving the use of armed force, to restore international peace and security.

Legislative History

Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.