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With regard to an applicant, every person who holds a license under the provisions of this code is subject to disciplinary action under the disciplinary
provisions of this code applicable to that person if, because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code, he
or she refuses to perform the licensed activity or aids or incites the refusal to perform that licensed activity by another licensee, or if, because of any
characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code, he or she makes any discrimination, or restriction in the performance
of the licensed activity.
Nothing in this section shall be interpreted to prevent a physician or health care professional licensed pursuant to Division 2 (commencing with Section 500)
from considering any of the characteristics of a patient listed in subdivision (b) or (e) of Section 51 of the Civil Code if that consideration is medically
necessary and for the sole purpose of determining the appropriate diagnosis or treatment of the patient.
Nothing in this section shall be interpreted to apply to discrimination by employers with regard to employees or prospective employees, nor shall this section
authorize action against any club license issued pursuant to Article 4 (commencing with Section 23425) of Chapter 3 of Division 9 because of discriminatory
The presence of architectural barriers to an individual with physical disabilities that conform to applicable state or local building codes and regulations shall
not constitute discrimination under this section.
Nothing in this section requires a person licensed pursuant to Division 2 (commencing with Section 500) to permit an individual to participate in, or benefit
from, the licensed activity of the licensee where that individual poses a direct threat to the health or safety of others. For this purpose, the term "direct
threat" means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the
provision of auxiliary aids and services.
Nothing in this section requires a person licensed pursuant to Division 2 (commencing with Section 500) to perform a licensed activity for which he or she is not
qualified to perform.
"Applicant," as used in this section, means a person applying for licensed services provided by a person licensed under this code.
"License," as used in this section, includes "certificate," "permit," "authority," and "registration" or any
other indicia giving authorization to engage in a business or profession regulated by this code.