HomeMy WebLinkAbout2006/10/24 Item 9
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COUNCIL AGENDA STATEMENT
Item No.: ~
Meeting Date: 10/24/06
ITEM TITLE:
An Ordinance of the City of Chula Vista Amending the Municipal Code to
Add Section 5.42.020 requiring any p~rsqn practicing medicine to show a
valid State license or certificate as a requirement to obtain a business
license.
SUBMITTED BY:
Director of Planning and BUildin#-
Interim City Manager f (4/Sths Vote:
Yes ----110
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REVIEWED BY:
BACKGROUND: In January 2006, citizens contacted the Mayor's Office expressing their
concerns regarding a woman's clinic operating in the City of Chula Vista without a current
business license. The concern also involved the doctor that was allegedly running the clinic at the
time. It was reported that the doctor had had his medical license revoked and that he was
practicing without a valid medical license. Research revealed that the doctor reported was under
investigation by the State, but that his license was valid. The clinic was found to be open and in
operation without the required business license. During the City's investigation it was discovered
that there is no current requirement placed on an individual applying for a business license to
prove that they are currently licensed by the State.
RECOMMENDATION: That the City Council of the City of Chula Vista conduct the public
hearing and place the following ordinance on the first reading: Consideration to add an
Ordinance to the Chula Vista Municipal Code that will require physicians to show proof of valid
state license prior to issuance of a business license.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: Currently there are 380 active business licenses for physicians within the City
of Chula Vista. Based on our current municipal code, none of those applicants were required to
provide proof of a valid State license prior to issuance of a City of Chula Vista Business License.
Section 145 of the California Business and Professions Code declares that persons operating
without a valid license within a profession that requires such a license is a threat to the health,
safety and welfare of the people of the State of California, that the law enforcement agencies of
the State should have sufficient, effective, and responsible means to enforce the licensing laws of
the State and that the criminal sanction for unlicensed activity should be swift, effective and
appropriate.
Business and Professions Code Section 16240 states, "Every person who practices, offers to
practice, or advertises any business, trade, profession, occupation, or calling, or who uses any
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Meeting Date: 10/24/06
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title, sign, initials, card or device to indicate the he or she is qualified to practice any business
trade, profession, occupation, or calling for which a license, registration, or certificate is required
by any law of this state, without holding a current and valid license, registration or certificate
prescribed by law is guilty of a misdemeanor."
Understanding that the State law enforcement agencies charged with the responsibility of
enforcing the requirements of the Business and Professions Code are strained and primarily
reactive it is incumbent upon the City of Chula Vista to take action to help secure the health,
safety and welfare of residents and visitors of the city.
Section 460 of the Business and Professions Code does not allow a local jurisdiction to regulate
or prohibit the activity of those persons lee:allv operating with a valid State license or certificate
but does allow the jurisdiction to require a separate business license tax for revenue purposes.
This proposed ordinance modification allows the City to deny issuance of a business license to
any physician if they fail to provide proof of a valid and appropriate State issued license or
certificate at the time of original application.
This ordinance will assist in identifying those persons attempting to operate outside of the law
and bring them to the attention of the appropriate State and local agencies for appropriate action.
When an application for a business license for a physician is received and the applicant is unable
to provide proof of a valid State license the business license representative will forward the
available information to the appropriate State Agency for their review and action.
DECISION-MAKER CONFLICTS:
Not Applicable:
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in California Code of Regulations section
1 8704.2(a)(1) is not applicable to this decision.
FISCAL IMP ACT:
There should not be any significant financial impact to the City based on implementation of
these additional requirements into our existing business licensing process. Staff will rely on
access to the State web sites for ready access to information about the existence and status of
licenses issued by the State Agencies.
J:\Planning\MD ORD COUNCIL AGENDA ST A TEMENT.doc
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING THE MUNICIPAL CODE TO ADD SECTION
5.42.020 REQUIRING ANY PERSON PRACTICING
MEDICINE TO SHOW A VALID STATE , LICENSE OR
CERTIFICATE AS A REQUIREMENT t6 OBTAIN A
BUSINESS LICENSE
WHEREAS, currently there is no requirement for physicians to provide proof of valid
State license prior to issuance of a City business license; and
WHEREAS, residents of Chula Vista have raised concerns that unlicensed physicians
may be operating within the City; and
WHEREAS, such actions could prove to be harmful to residents and visitors of the City;
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I: That the Chula Vista Municipal Code be amended to add Section 5.42.020
to read as follows:
Sec. 5.42.020 State Professional License Required
Any person practicing medicine in the City of Chula Vista who is required to obtain a
professional license or certificate from the State of California to engage in the practice shall
provide a valid state license or certificate to the City of Chula Vista as a requirement to obtain a
business license. This requirement shall not create a duty on the part of the City of Chula Vista
to verify the authenticity of a state-issued professional license or the licensed person's continual
standing with the state licensing agency.
Presented by
Approved as to form by
James D. Sandoval
Planning Director
[j:.Yl;a~ ~
oore ()
City Attorney
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