Background checks.

(1) Existing law, the Medical Practice Act, establishes the Medical Board of California and sets forth its powers and duties relating to the licensure and regulation of physicians and surgeons. Existing law establishes the Osteopathic Medical Board of California and sets forth its powers and duties relating to the licensure and regulation of osteopathic physicians and surgeons consistent with the Osteopathic Act, as specified. This bill would require those boards to require each applicant to furnish a full set of fingerprints for purposes of conducting criminal history record checks. The bill would require the board to submit those fingerprint images and related information to the Department of Justice (DOJ) and would require the DOJ to charge a fee for those costs, as prescribed. Existing law requires medical school graduates, within 180 days after beginning a board-approved postgraduate program, to obtain a physician's and surgeon's postgraduate training license. Existing law requires each application to include either fingerprint cards or a copy of a completed Live Scan form from the applicant in order to establish the identity of the applicant and whether the applicant has a criminal conviction, in accordance with specified provisions. This bill would delete the above provisions on using that information in order to establish the applicant's identity and criminal conviction records. The bill would instead require those boards to submit to the DOJ fingerprint images and related information required by the DOJ of all applicants to determine whether the applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a state- and federal-level response, as described. Existing law requires each application for a medical license to contain specified information including either fingerprint cards or a copy of a completed Live Scan form from the applicant in order to establish the applicant's identity and criminal conviction records. This bill would delete the above provisions on using that information in order to establish the applicant's identity and criminal conviction records. The bill would instead require those boards to submit to the DOJ fingerprint images and related information required by the DOJ of all applicants to determine whether the applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a state- and federal-level response, as described. Existing law establishes a process for physicians who are not citizens but who meet certain postgraduate requirements to participate in professional activities of approved medical schools or academic medical centers, subject to completing an application process and submitting the requisite fees established by the board. This bill would require the board to submit to the DOJ fingerprint images and related information to determine if an applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a state- and federal-level response, as described. Existing law establishes a process for a person who does not immediately qualify for a physician's and surgeon's certificate and who is offered a full-time faculty position at a medical school or academic medical center to be granted a certificate to engage in the practice of medicine. Existing law requires an applicant to submit specified information to the board to qualify for the certificate. This bill would require the board to submit to the DOJ fingerprint images and related information to determine whether an applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a specified response, as described. Existing law establishes the Licensed Physicians from Mexico Program under which the Medical Board of California is required to issue a 3-year physician and surgeon's license to each licensed physician from Mexico who, among other requirements, passes a board review course with a score equivalent to that registered by United States applicants when passing a board review course for the United States certification examination in each of the physician's specialty areas. This bill would delete that requirement. The bill would also require the board to submit to the DOJ fingerprint images and related information to determine whether an applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a specified state- and federal-level response, as described. Existing law authorizes a person who meets specified eligibility requirements to apply for a special faculty permit to practice medicine only within a medical school or certain affiliated institution. Existing law requires the application for a special faculty permit to be on a form prescribed by the board and to include specified information regarding the applicant's qualifications. This bill would require the board to submit to the DOJ fingerprint images and related information to determine whether an applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a specified state- and federal-level response, as described. (2) Existing law, the Licensed Midwifery Practice Act of 1993, provides for the licensure and regulation of midwives by the Medical Board of California in accordance with specified procedures. This bill would require the board to submit to the DOJ fingerprint images and related information to determine whether an applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a specified state and federal response, as described. (3) Existing law, the Psychology Licensing Law, provides for the licensure and regulation of psychologists by the Board of Psychology. Existing law also establishes a process whereby a person who is registered with the board as a psychological associate may perform psychological functions in preparation for licensure as a psychologist. Existing law further establishes procedures for graduates and students who have completed certain psychoanalysis training to engage in psychoanalysis as an adjunct to teaching, training, or research, subject to meeting certain requirements. Existing law authorizes a person who is registered with the board as a psychological testing technician to administer and score standardized objective psychological and related tests, upon meeting specified application requirements. This bill would require the board to require the above-described applicants for licensure or registration under that law to undergo a fingerprint-based state and national criminal history background check. The bill would require the board to submit to the DOJ fingerprint images and related information for those individuals and would require the department to provide a state- and federal-level response, as described. (4) Existing law requires the Medical Board of California to promulgate regulations regarding qualifications for the registration of individuals as certified polysomnographic technologists, polysomnographic technicians, and polysomnographic trainees, in accordance with certain procedures. Under existing law, an individual seeking registration from the board under these provisions is subject to a state- and federal-level criminal offender record information search conducted through the DOJ, as specified. This bill would revise and recast the above-described criminal information requirements. The bill would require the board to submit to the DOJ fingerprint images and related information to determine whether an applicant has a criminal conviction record, as specified. The bill would also require the department to provide a state- and federal-level response, as described. (5) Existing law establishes the Board of Behavioral Sciences to license and regulate specified professionals, including marriage and family therapists and educational psychologists, among others. Existing law requires the board to keep an accurate record of all applicants for licensure and all individuals to whom it has issued a license. This bill would require the board to require an applicant for a marriage and family therapist licensure, registration as an associate marriage and family therapist, and other specified behavioral sciences professionals to undergo a fingerprint-based state and national criminal history background check. The bill would require the board to submit to the DOJ fingerprint images and related information to determine whether an applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a state- and federal-level response, as described. (6) Existing law, the Collateral Recovery Act, provides for the licensure and regulation of repossession agencies by the Bureau of Security and Investigative Services. This bill would require the bureau to require each applicant as a repossession agency licensee, qualified certificate holder, or registrant, as defined, to undergo a fingerprint-based state and national criminal history background check. The bill would require the bureau to submit to the DOJ fingerprint images and related information on applicants. The bill would require the DOJ to provide a state- and federal-level response, as prescribed. (7) Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services. This bill would require the bureau to require each applicant for a private investigator license and qualified manager, as defined, to undergo a fingerprint-based state and national criminal history background check. The bill would require the bureau to submit to the DOJ fingerprint images and related information on applicants. The bill would require the DOJ to provide a state- and federal-level response, as described. (8) Existing law, the Household Movers Act, provides for the licensure and regulation of household movers, including corporations and persons, as defined, by the Division of Household Movers established within the Bureau of Household Goods and Services. Existing law establishes a process for each applicant under that act to submit to the DOJ fingerprint images and related information as a prerequisite to the issuance of a permit to operate as a household mover. This bill would revise and recast those provisions. The bill would require the bureau to require each applicant for a permit as a household mover, as defined, to undergo a fingerprint-based state and national criminal history background check. The bill would require the bureau to submit to the DOJ fingerprint images and related information for the purposes of obtaining information as to state and federal convictions and arrests, as prescribed. (9) Existing law requires a fingerprint-based criminal history information check that is required pursuant to any statute to be requested from the DOJ. When a government agency or other entity requests such a criminal history check for purposes of employment, licensing, or certification, existing law requires the DOJ to disseminate specified information in response to the request, including information regarding convictions and arrests for which the applicant is presently awaiting trial. Existing law establishes the State Department of Education, under the administration of the Superintendent of Public Instruction, and assigns to it numerous duties relating to the governance and financing of the public elementary and secondary schools of this state. Existing law establishes the California School for the Deaf, Northern California, the California School for the Deaf, Southern California, and the California School for the Blind, known as the state special schools, under the administration of the department, and 3 related diagnostic centers under the administration of the Superintendent, as provided. This bill would authorize the department to require employees, prospective employees, volunteers, contractors, and subcontractors of the department, the state special schools, or the diagnostic centers to undergo a fingerprint-based state and national criminal history background check, as provided. (10) Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in the state. This bill would authorize the California State University to require employees, prospective employees, volunteers, contractors to undergo a fingerprint-based state and national criminal history background check, as provided. (11) The California Constitution provides that the University of California constitutes a public trust administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes, including, among others, as may be necessary to ensure the security of its funds. This bill would expressly authorize the University of California to require background checks, to be completed by the DOJ as specified, during the final stages of the recruitment process for prospective staff employees, contractors, and volunteers. (12) Existing law requires the sheriff or other specified agency to furnish a classifiable set of fingerprints to the DOJ and to the Federal Bureau of Investigation (FBI) for every peace officer employed, except as provided. This bill would require a law enforcement agency, as defined, to require peace officers and prospective peace officers to undergo a criminal history background check and to submit fingerprint images and related information to the DOJ, as specified. The bill would require the DOJ to provide a state- or federal-level response, as described. By increasing the duties of local law enforcement agencies, this bill would impose a state-mandated local program. (13) Under the Yacht and Ship Brokers Act, the Division of Boating and Waterways in the Department of Parks and Recreation licenses the activities of brokers and salespersons engaged in the buying and selling of yachts and ships, as specified. The act authorizes the division to deny an application or suspend or revoke the license of a yacht broker or yacht salesperson who, within 4 years immediately preceding, has committed any of certain specified acts, including, among others, having been convicted of a felony or any crime involving moral turpitude or withholding information from the department that they at any time have been convicted of a felony or any crime involving moral turpitude. This bill would require the division to require an applicant for a yacht and ship broker or salesperson license to undergo a fingerprint-based state and national criminal history background check, as provided. (14) Existing law requires the DOJ to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, if needed in the course of their duties. Existing law makes it a crime for a person authorized by law to receive state summary criminal history information to knowingly furnish that information to a person who is not authorized to receive it. This bill would require the DOJ to inform the Joint Legislative Budget Committee, the Senate Standing Committee on Public Safety, and the Assembly Public Safety Committee, as specified, within 30 days of determining that a legislative enactment is likely to be needed, for an entity that is authorized to receive criminal history information, to reestablish or retain proper authorization for an applicant population. The bill would additionally prohibit the department from disseminating criminal history information, as specified. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. This bill would require a criminal justice agency to submit fingerprint images and related information for a specified individual to the department if the individual is subject to a state or national criminal history background check, as specified. By expanding the scope of the crime of unlawful disclosure of state summary criminal history information, this bill would impose a state-mandated local program. This bill would require certain government entities, including, among others, the California State Summer School for the Arts and the Department of Fish and Wildlife, to submit fingerprint images and related information for various persons, including employees or prospective employees, to the DOJ, if the employees are subject to a state and national criminal history background check, as specified. The bill would also require a law enforcement agency, if it performs a background check, to submit fingerprint images and related information for a retiring or retired peace officer seeking an endorsement for the officer to carry a concealed and loaded firearm. (15) Existing law requires the DOJ to provide subsequent state or federal arrest or disposition notification to the State Department of Social Services, the Medical Board of California, the Osteopathic Medical Board of California, and other authorized entities to assist in, among other things, fulfilling employment, licensing, or certification duties. Existing law requires an entity, other than a law enforcement agency, as defined, to enter into a contract with the DOJ in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes. Commencing January 1, 2028, this bill would no longer exempt law enforcement agencies from the contract requirement. Commencing January 1, 2028, the bill would also require authorized entities for each volunteer, as specified, to verify no less than every 6 months that the person is still a volunteer with the entity. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (17) This bill would, for the 2025–26 fiscal year, appropriate the sum of $10,000 to the DOJ for purposes of administering the above-described fingerprint requirements. (18) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.