Examination Requirements
Department of Consumer Affairs - November 25, 2020

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On March 4, 2020, the Governor proclaimed a State of Emergency to exist in California as a result of the impacts of COVID-19 to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare to respond to an increasing number of individuals requiring medical care and hospitalization as a result of a broader spread of COVID-19.

Pursuant to the Governor’s Executive Order N-39-20, during the State of Emergency, the Director of the California Department of Consumer Affairs may waive any statutory or regulatory professional licensing requirements pertaining to individuals licensed pursuant to Division 2 of the Business and Professions Code, including requirements related to the examinations necessary to obtain licensure.

Accordingly, for chiropractor applicants whose applications are deemed abandoned between December 1, 2020, and January 31, 2021, due to the applicant failing to take the examinations prescribed by California Code of Regulations, title 16, section 349, subdivision (b)(4), the Director waives California Code of Regulations, title 16, section 348, to the extent it requires applicants to take the licensing examinations within one year, subject to the condition that an applicant must take the licensing examinations within 18 months after qualifying for them.

For occupational therapist and occupational therapy assistant applicants whose applications are deemed abandoned between December 1, 2020, and January 31, 2021, due to the applicant failing to take and pass the examination prescribed by Business and Professions Code section 2570.6, subdivision (e), the Director waives California Code of Regulations, title 16, section 4114, subdivision (a)(1), to the extent it requires applicants to submit a complete application to the California Board of Occupational Therapy (Board) within two years, subject to the condition that an applicant must submit a complete application to the Board within two years, six months after the application was originally received by the Board. 3

For physician and surgeon applicants whose applications are deemed abandoned between December 1, 2020, and January 31, 2021, due to the applicant failing to pass or retake Step 3 of the United States Medical Licensing Examination, the Director waives California Code of Regulations, title 16, section 1306, subdivision (a)(4), to the extent it requires applicants to pass or retake the examination within one year, subject to the condition that an applicant must pass or retake the examination within 18 months from the date of written notification by the Medical Board of California.

For physical therapist and physical therapist assistant applicants whose applications are deemed denied without prejudice between December 1, 2020, and January 31, 2021, due to the applicant failing to take and pass the examinations prescribed by Business and Professions Code section 2636, subdivision (a), and California Code of Regulations, title 16, section 1398.28, the Director waives California Code of Regulations, title 16, section 1398.21.1 to the extent it requires applicants to take and pass an examination within one year, subject to the condition that an applicant must take and pass an examination within 18 months from the date of the original notice to appear for the examination.

For registered nurse applicants whose applications are deemed abandoned between December 1, 2020, and January 31, 2021, due to the applicant failing to take the examination prescribed by Business and Professions Code section 4 2742 and California Code of Regulations, title 16, section 1409, the Director waives California Code of Regulations, title 16, section 1410.4, subdivision (a), to the extent it requires applicants to take an examination within two years, subject to the condition that an applicant must take an examination within two years, six months from the date of the written notice of eligibility to take the examination.

For registered nurse applicants whose applications are deemed abandoned between December 1, 2020, and January 31, 2021, due to the applicant failing to take the examination prescribed by Business and Professions Code section 2742 and California Code of Regulations, title 16, section 1409, the Director waives California Code of Regulations, title 16, section 1410.4, subdivision (b), to the extent it requires applicants to take an examination within three years, subject to the condition that an applicant must take an examination within three years, six months from the date of the written evaluation notice.

For vocational nurse applicants whose applications are deemed abandoned between December 1, 2020, and January 31, 2021, due to the applicant failing to take the examination prescribed by Business and Professions Code section 5 2870 and California Code of Regulations, title 16, section 2510, the Director waives California Code of Regulations, title 16, section 2512, subdivision (a)(3), to the extent it requires applicants to take the licensing examination within two years, subject to the condition that an applicant must take the licensing examination within two years, six months after the first assigned date or after last failing the examination.

This order is effective immediately but may be amended as circumstances require.

Dated: November 25, 2020

CLICK HERE to read this order on the Department of Consumer Affair’s website.