Section 1416.44 Of Article 3. Licensing From California Health And Safety Code >> Division 2. >> Chapter 2.35. >> Article 3.
1416.44
. (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.