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PA Board initiates rulemaking to tighten retired‑status reactivation, requires fingerprint checks for reentry within five years

3071390 · April 21, 2025
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Summary

The board voted April 21 to begin rulemaking that would require retired physician assistants seeking to reactivate within five years to be fingerprinted for DOJ criminal‑history checks, remove an expired grandfathering clause, and update the retired‑status application form.

At its April 21 meeting the California Physician Assistant Board voted to initiate a rulemaking package to amend Title 16, California Code of Regulations section 1399.515, governing retired‑status licenses and reactivation requirements.

The revised language approved by the board would limit restoration of a retired license to within five years of issuance, consistent with Business and Professions Code section 3526 provisions for cancelled licenses, retain a fingerprinting requirement for reactivation but clarify that the board will request fingerprints only if they are not already on file with the Department of Justice, and repeal an obsolete one‑year waiver that had allowed some canceled licensees a fee‑free path to retired status during a 2019–2020 window.

Christy Shields, regulations counsel, described the text changes: "This requirement ensures currency of knowledge for those who reenter practice after being retired for years," she said while explaining the five‑year limit and cleanup edits to the retired‑status application.

Board counsel and staff also noted that the proposed rule updates the form incorporated by reference (to an April 2025 version), removes gendered language and obsolete grandfathering language, and clarifies that applicants who have been retired for longer than five years may apply for a new license under the initial‑licensure regulation rather than restoring a retired license.

The board adopted the motion to rescind the previously approved text (attachment 2 in the packet) and to initiate rulemaking on the revised language in attachment 1. The motion was adopted by roll call; the board recorded eight affirmative votes.

Action (formal): the board recorded the motion to initiate rulemaking and a roll‑call adoption. No immediate fee or regulatory change took effect — the vote starts the formal administrative rulemaking process that will go to DCA and the Office of Administrative Law for review.

Why it matters: the changes are designed to strengthen public protection by ensuring that individuals who return to practice after a period in retired status undergo criminal‑history screening and meet return‑to‑practice currency expectations, and by removing obsolete regulatory language.

Next steps: staff will transmit the draft rule package through the Department of Consumer Affairs review channels and the agency's required economic and fiscal analyses before it proceeds to public notice and the Office of Administrative Law.