Section 1038.2 - Waiver of Requirement(a) At the time of making application for renewal of a license issued pursuant to Division 2, Chapter 3 of the Business and Professions Code (BPC), a licensee may request a waiver of all or part of the continuing education requirement. To be eligible for a waiver, a license holder shall verify in writing that he or she: (1) Was residing in another country for at least half the license period since the license was issued or, if the license was previously renewed, since it was last renewed, and that this reasonably prevented completion of the continuing education requirements; or(2) Was absent from California for at least half the license period since the license was issued or, if previously renewed, since it was last renewed, because of military service, and that this reasonably prevented completion of the continuing education requirements; or(3) Was prevented from completing the continuing education requirements for reasons of ill health or other good cause, including, but not limited, to: (A) Total physical and/or mental disability of the licensee for at least half of the period since the license was issued or, if previously renewed, since it was last renewed; or(B) Total physical and/or mental disability of an immediate family member for at least half of the period since the license was issued or, if previously renewed, since it was last renewed, where the licensee has total responsibility for the care of that family member.(4) Verification of a disability under paragraph (3) shall include a corroborating statement by a licensed physician.Cal. Code Regs. Tit. 17, § 1038.2
1. New section filed 1-28-94; operative 1-28-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 4).
2. Change without regulatory effect renumbering former section 1038.2 to section 1038.5 and renumbering former section 1038.5 to section 1038.2 filed 10-10-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 41). Note: Authority cited: Sections 1224 and 1275, Business and Professions Code; and Section 208, Health and Safety Code. Reference: Section 1275, Business and Professions Code.
1. New section filed 1-28-94; operative 1-28-94 pursuant to Government Code section 11346.2(d)(Register 94, No. 4).
2. Change without regulatory effect renumbering former section 1038.2 to section 1038.5 and renumbering former section 1038.5 to section 1038.2 filed 10-10-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 41).