3120-3137
BUSINESS AND PROFESSIONS CODE
SECTION 3120-3137
3120. Any person who violates any of the provisions of this chapter
is guilty of a misdemeanor and, upon conviction thereof, shall be
punished by imprisonment in the county jail not less than ten days
nor more than one year, or by a fine of not less than one hundred
dollars nor more than one thousand five hundred dollars, or by both
such fine and imprisonment.
3137. (a) Except as otherwise provided in this section, any
accusation filed against a licensee pursuant to Section 11503 of the
Government Code for the violation of any provision of this chapter
shall be filed within three years after the board discovers the act
or omission alleged as the ground for disciplinary action, or within
seven years after the act or omission alleged as the ground for
disciplinary action occurs, whichever occurs first.
(b) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging fraud or willful
misrepresentation is not subject to the limitation in subdivision
(a).
(c) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging unprofessional conduct based on
incompetence, gross negligence, or repeated negligent acts of the
licensee is not subject to the limitation in subdivision (a) upon
proof that the licensee intentionally concealed from discovery his or
her incompetence, gross negligence, or repeated negligent acts.
(d) If an alleged act or omission involves any conduct described
in Section 726 committed on a minor, the 10-year limitations period
in subdivision (e) shall be tolled until the minor reaches the age of
majority.
(e) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging conduct described in Section
726 shall be filed within three years after the board discovers the
act or omission alleged as the ground for disciplinary action, or
within 10 years after the act or omission alleged as the ground for
disciplinary action occurs, whichever occurs first. This subdivision
shall apply to a complaint alleging conduct received by the board on
and after January 1, 2006.
(f) In any allegation, accusation, or proceeding described in this
section, the limitations period in subdivision (a) shall be tolled
for the period during which material evidence necessary for
prosecuting or determining whether a disciplinary action would be
appropriate is unavailable to the board due to an ongoing criminal
investigation.