BILL NUMBER: AB 269 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY JUNE 20, 2002
PASSED THE SENATE JUNE 17, 2002
AMENDED IN SENATE MAY 30, 2002
AMENDED IN SENATE APRIL 4, 2002
AMENDED IN ASSEMBLY JANUARY 18, 2002
AMENDED IN ASSEMBLY JANUARY 10, 2002
AMENDED IN ASSEMBLY JANUARY 7, 2002
AMENDED IN ASSEMBLY APRIL 5, 2001
INTRODUCED BY Assembly Member Correa
FEBRUARY 16, 2001
An act to amend Sections 472.4 and 4999 of, and to add Sections
1601.2, 1742.1, 2001.1, 2450.1, 2460.1, 2531.02, 2570.25, 2602.1,
2708.1, 2841.1, 2920.1, 3010.1, 3320.1, 3504.1, 3710.1, 4001.1,
4501.1, 4800.1, 4928.1, 4990.125, 5000.1, 5510.15, 5620.1, 6710.1,
7000.6, 7200.1, 7303.1, 7501.05, 7601.1, 7810.1, 8005.1, 8520.1,
9810.1, 9880.3, 18602.1, and 19004.1 to, the Business and Professions
Code, and to add Section 94770.1 to the Education Code, relating to
professional and vocational licensing boards.
LEGISLATIVE COUNSEL'S DIGEST
AB 269, Correa. Professional and vocational licensing boards,
commissions, and bureaus.
Existing law provides for the establishment of professional and
vocational licensing boards, commissions, and bureaus that are
overseen by the Department of Consumer Affairs. These boards,
commissions, and bureaus license, regulate, and discipline persons
practicing or engaging in professions and vocations regulated by
them.
This bill would state that the highest priority for licensing
boards, commissions, and bureaus, in performing their licensing,
regulatory, and disciplinary functions, is the protection of the
public.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 472.4 of the Business and Professions Code is
amended to read:
472.4. In addition to any other requirements of this chapter, the
department shall do all of the following:
(a) Establish procedures to assist owners or lessees of new motor
vehicles who have complaints regarding the operation of a qualified
third-party dispute resolution process.
(b) Establish methods for measuring customer satisfaction and to
identify violations of this chapter, which shall include an annual
random postcard or telephone survey by the department of the
customers of each qualified third-party dispute resolution process.
(c) Monitor and inspect, on a regular basis, qualified third-party
dispute resolution processes to determine whether they continue to
meet the standards for certification. Monitoring and inspection
shall include, but not be limited to, all of the following:
(1) Onsite inspections of each qualified third-party dispute
resolution process not less frequently than twice annually.
(2) Investigation of complaints from consumers regarding the
operation of qualified third-party dispute resolution processes and
analyses of representative samples of complaints against each
process.
(3) Analyses of the annual surveys required by subdivision (b).
(d) Notify the Department of Motor Vehicles of the failure of a
manufacturer to honor a decision of a qualified third-party dispute
resolution process to enable the Department of Motor Vehicles to take
appropriate enforcement action against the manufacturer pursuant to
Section 11705.4 of the Vehicle Code.
(e) Submit a biennial report to the Legislature evaluating the
effectiveness of this chapter, make available to the public summaries
of the statistics and other information supplied by each qualified
third-party dispute resolution process, and publish educational
materials regarding the purposes of this chapter.
(f) Adopt regulations as necessary and appropriate to implement
this chapter and subdivision (d) of Section 1793.22 of the Civil
Code.
(g) Protection of the public shall be the highest priority for the
department in exercising its certification, regulatory, and
disciplinary functions. Whenever the protection of the public is
inconsistent with other interests sought to be promoted, the
protection of the public shall be paramount.
SEC. 2. Section 1601.2 is added to the Business and Professions
Code, to read:
1601.2. Protection of the public shall be the highest priority
for the Dental Board of California in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
SEC. 3. Section 1742.1 is added to the Business and Professions
Code, to read:
1742.1. Protection of the public shall be the highest priority
for the Committee on Dental Auxiliaries in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
SEC. 4. Section 2001.1 is added to the Business and Professions
Code, to read:
2001.1. Protection of the public shall be the highest priority
for the Medical Board of California in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
SEC. 5. Section 2450.1 is added to the Business and Professions
Code, to read:
2450.1. Protection of the public shall be the highest priority
for the Osteopathic Medical Board of California in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
SEC. 6. Section 2460.1 is added to the Business and Professions
Code, to read:
2460.1. Protection of the public shall be the highest priority
for the California Board of Podiatric Medicine in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
SEC. 7. Section 2531.02 is added to the Business and Professions
Code, to read:
2531.02. Protection of the public shall be the highest priority
for the Speech-Language Pathology and Audiology Board in exercising
its licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
SEC. 8. Section 2570.25 is added to the Business and Professions
Code, to read:
2570.25. Protection of the public shall be the highest priority
for the California Board of Occupational Therapy in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
SEC. 9. Section 2602.1 is added to the Business and Professions
Code, to read:
2602.1. Protection of the public shall be the highest priority
for the Physical Therapy Board of California in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
SEC. 10. Section 2708.1 is added to the Business and Professions
Code, to read:
2708.1. Protection of the public shall be the highest priority
for the Board of Registered Nursing in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
SEC. 11. Section 2841.1 is added to the Business and Professions
Code, to read:
2841.1. Protection of the public shall be the highest priority
for the Board of Vocational Nursing and Psychiatric Technicians of
the State of California in exercising its licensing, regulatory, and
disciplinary functions. Whenever the protection of the public is
inconsistent with other interests sought to be promoted, the
protection of the public shall be paramount.
SEC. 12. Section 2920.1 is added to the Business and Professions
Code, to read:
2920.1. Protection of the public shall be the highest priority
for the Board of Psychology in exercising its licensing, regulatory,
and disciplinary functions. Whenever the protection of the public is
inconsistent with other interests sought to be promoted, the
protection of the public shall be paramount.
SEC. 13. Section 3010.1 is added to the Business and Professions
Code, to read:
3010.1. Protection of the public shall be the highest priority
for the State Board of Optometry in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
SEC. 14. Section 3320.1 is added to the Business and Professions
Code, to read:
3320.1. Protection of the public shall be the highest priority
for the Hearing Aid Dispensers Bureau in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
SEC. 15. Section 3504.1 is added to the Business and Professions
Code, to read:
3504.1. Protection of the public shall be the highest priority
for the Physician Assistant Committee of the Medical Board of
California in exercising its licensing, regulatory, and disciplinary
functions. Whenever the protection of the public is inconsistent
with other interests sought to be promoted, the protection of the
public shall be paramount.
SEC. 16. Section 3710.1 is added to the Business and Professions
Code, to read:
3710.1. Protection of the public shall be the highest priority
for the Respiratory Care Board of California in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
SEC. 17. Section 4001.1 is added to the Business and Professions
Code, to read:
4001.1. Protection of the public shall be the highest priority
for the California State Board of Pharmacy in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
SEC. 18. Section 4501.1 is added to the Business and Professions
Code, to read:
4501.1. Protection of the public shall be the highest priority
for the board in exercising its licensing, regulatory, and
disciplinary functions. Whenever the protection of the public is
inconsistent with other interests sought to be promoted, the
protection of the public shall be paramount.
SEC. 19. Section 4800.1 is added to the Business and Professions
Code, to read:
4800.1. Protection of the public shall be the highest priority
for the Veterinary Medical Board in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
SEC. 20. Section 4928.1 is added to the Business and Professions
Code, to read:
4928.1. Protection of the public shall be the highest priority
for the Acupuncture Board in exercising its licensing, regulatory,
and disciplinary functions. Whenever the protection of the public is
inconsistent with other interests sought to be promoted, the
protection of the public shall be paramount.
SEC. 21. Section 4990.125 is added to the Business and Professions
Code, to read:
4990.125. Protection of the public shall be the highest priority
for the Board of Behavioral Sciences in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
SEC. 22. Section 4999 of the Business and Professions Code is
amended to read:
4999. (a) On and after January 1, 2000, no business entity that
employs, or contracts or subcontracts, directly or indirectly, with,
the full-time equivalent of five or more persons functioning as
health care professionals, whose primary function is to provide
telephone medical advice, shall engage in the business of providing
telephone medical advice services to a patient at a California
address unless the business is registered with the Telephone Medical
Advice Services Bureau. The department may adopt emergency
regulations further defining when a health care professional's
primary function is providing telephone medical advice.
(b) Any business entity required to be registered under
subdivision (a) that submits proof of accreditation by the American
Accreditation Healthcare Commission, URAC, the National Committee for
Quality Assurance, the National Quality Health Council, or the Joint
Commission on Accreditation of Healthcare Organizations shall be
deemed provisionally registered by the bureau until the earlier of
the following:
(1) December 31, 2000.
(2) The granting or denial of an application for registration
pursuant to subdivision (a).
(c) A medical group that operates in multiple locations in
California shall not be required to register pursuant to this section
if no more than five full-time equivalent persons at any one
location perform telephone medical advice services and those persons
limit the telephone medical advice services to patients being treated
at that location.
(d) Protection of the public shall be the highest priority for the
bureau in exercising its registration, regulatory, and disciplinary
functions. Whenever the protection of the public is inconsistent
with other interests sought to be promoted, the protection of the
public shall be paramount.
SEC. 23. Section 5000.1 is added to the Business and Professions
Code, to read:
5000.1. Protection of the public shall be the highest priority
for the California Board of Accountancy in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
SEC. 24. Section 5510.15 is added to the Business and Professions
Code, to read:
5510.15. Protection of the public shall be the highest priority
for the California Architects Board in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
SEC. 25. Section 5620.1 is added to the Business and Professions
Code, to read:
5620.1. Protection of the public shall be the highest priority
for the Landscape Architects Technical Committee in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
SEC. 26. Section 6710.1 is added to the Business and Professions
Code, to read:
6710.1. Protection of the public shall be the highest priority
for the Board for Professional Engineers and Land Surveyors in
exercising its licensing, regulatory, and disciplinary functions.
Whenever the protection of the public is inconsistent with other
interests sought to be promoted, the protection of the public shall
be paramount.
SEC. 27. Section 7000.6 is added to the Business and Professions
Code, to read:
7000.6. Protection of the public shall be the highest priority
for the Contractors' State License Board in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
SEC. 28. Section 7200.1 is added to the Business and Professions
Code, to read:
7200.1. Protection of the public shall be the highest priority
for the State Board of Guide Dogs for the Blind in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
SEC. 29. Section 7303.1 is added to the Business and Professions
Code, to read:
7303.1. Protection of the public shall be the highest priority
for the Bureau of Barbering and Cosmetology in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
SEC. 30. Section 7501.05 is added to the Business and Professions
Code, to read:
7501.05. Protection of the public shall be the highest priority
for the Bureau of Security and Investigative Services in exercising
its licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
SEC. 31. Section 7601.1 is added to the Business and Professions
Code, to read:
7601.1. Protection of the public shall be the highest priority
for the Cemetery and Funeral Bureau in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
SEC. 32. Section 7810.1 is added to the Business and Professions
Code, to read:
7810.1. Protection of the public shall be the highest priority
for the Board for Geologists and Geophysicists in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
SEC. 33. Section 8005.1 is added to the Business and Professions
Code, to read:
8005.1. Protection of the public shall be the highest priority
for the Court Reporters Board of California in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
SEC. 34. Section 8520.1 is added to the Business and Professions
Code, to read:
8520.1. Protection of the public shall be the highest priority
for the Structural Pest Control Board in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
SEC. 35. Section 9810.1 is added to the Business and Professions
Code, to read:
9810.1. Protection of the public shall be the highest priority
for the Bureau of Electronic and Appliance Repair in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
SEC. 36. Section 9880.3 is added to the Business and Professions
Code, to read:
9880.3. Protection of the public shall be the highest priority
for the Bureau of Automotive Repair in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
SEC. 37. Section 18602.1 is added to the Business and Professions
Code, to read:
18602.1. Protection of the public shall be the highest priority
for the State Athletic Commission in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
SEC. 38. Section 19004.1 is added to the Business and Professions
Code, to read:
19004.1. Protection of the public shall be the highest priority
for the Bureau of Home Furnishings and Thermal Insulation in
exercising its licensing, regulatory, and disciplinary functions.
Whenever the protection of the public is inconsistent with other
interests sought to be promoted, the protection of the public shall
be paramount.
SEC. 39. Section 94770.1 is added to the Education Code, to read:
94770.1. Protection of the public shall be the highest priority
for the Bureau for Private Postsecondary and Vocational Education in
exercising its approval, regulatory, and disciplinary functions.
Whenever the protection of the public is inconsistent with other
interests sought to be promoted, the protection of the public shall
be paramount.