BILL NUMBER: SB 724 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Business and Professions (Senators
Figueroa (Chair), Machado, Morrow, Murray, O'Connell, and Polanco)
FEBRUARY 23, 2001
An act to amend Sections 802, 803, 803.2, 1646.9, 1647.12, 1716.1,
1743, 1744, 2065, 2066, 2072, 2073, 2079, 2102, 2221, 2245, 2531,
4008, 4033, 4057, 4110, 4115, 4161, 4305.5, 4331, 4400, 4980.38,
4980.40, 4980.44, 4980.50, 4986.21, 4986.47, 4992.1, 4992.3, 4996.2,
4996.18, and 4996.21 of, to amend and repeal Section 1646.7 of, to
add Sections 1621 and 4996.23 to, to repeal Article 1.5 (commencing
with Section 1621) of Chapter 4 of Division 2 of, to repeal Sections
2088 and 4992.6 of, and to repeal and add Sections 2878.7 and 4524
of, the Business and Professions Code, relating to the healing arts,
and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 724, as introduced, Committee on Business and Professions.
Healing arts.
(1) Existing law requires that specified information relating to
claims against a physician and surgeon for acts of professional
negligence or for the unauthorized rendering of professional services
be reported to the Medical Board of California.
This bill would require these reports to include the name and
license number of the physician and surgeon against whom the claim
was made.
(2) Existing law, the Dental Practice Act, establishes an
examining committee within the Dental Board of California and makes
it responsible, among other matters, for assisting the board in the
examination of applicants for licensure by the board.
This bill would delete these provisions and would require the
board to use persons who are licensed under the act and who meet
other specified criteria in the administration of its licensure
examination.
(3) The Dental Practice Act and the Medical Practice Act include
certain provisions operative until January 1, 2002, relating to the
administration of general anesthesia by a physician and surgeon to
patients in the office of a dentist licensed by the board.
This bill would delete the inoperative date with respect to these
provisions, thereby extending their operation.
(4) The Medical Practice Act prohibits a physician and surgeon
from practicing without a certificate issued by the Medical Board of
California and establishes criteria for the issuance of this
certificate, including evidence of the completion of specified
preprofessional education courses. The act exempts, under specified
conditions, a graduate of an approved medical school and a graduate
of a foreign medical school from this certificate requirement while
participating in postgraduate training.
This bill would delete the postsecondary education criteria as a
requirement for issuance of a certificate and would terminate the
exemption afforded a graduate during postgraduate training if his or
her application for a certificate is denied by the board's Division
of Licensing. The bill would also authorize the division to require
an applicant for a certificate to take a professional competency
examination or be examined by a healing arts practitioner.
(5) Existing law, the Speech-Language Pathologists and
Audiologists Licensure Act, creates, until July 1, 2002, the
Speech-Language Pathology and Audiology Board.
This bill would extend the operation of this board to July 1,
2004.
(6) Existing law provides for the licensure of vocational nurses
and psychiatric technicians by the Board of Vocational Nursing and
Psychiatric Technicians of the State of California and authorizes the
board to reinstate, under specified conditions, a license that it
has suspended or revoked.
This bill would specify the time when a petition for reinstatement
is required to be filed and would provide certain processes for the
conduct of these proceedings.
(7) The Pharmacy Law provides for the regulation and licensing of
pharmacists and various other persons and entities by the California
State Board of Pharmacy and makes it a misdemeanor for a wholesaler
or any other person to permit the dispensing of prescriptions except
by a pharmacist or exemptee.
This bill would revise, for purposes of the Pharmacy Law, the
definition of "manufacturer," would authorize the board to establish
a list of dangerous devices that may only be maintained, dispensed,
sold, or furnished by a pharmacist in a pharmacy, and would revise
the board's authority to issue a temporary permit to conduct a
pharmacy. This bill would also provide that it is a misdemeanor for
a wholesaler or any other person to permit the furnishing of
dangerous drugs or dangerous devices except by a pharmacist or
exemptee. In that regard, the bill would change the definition of a
crime, thereby imposing a state-mandated local program. The bill
would also make other clarifying changes.
(8) Existing law requires persons engaged in the practice of
marriage, family, and child counseling to be licensed by the Board of
Behavioral Sciences. Under existing law, an applicant for this
licensure is required to achieve a passing score on an examination
and to possess a doctoral or master's degree in one of several
designated subjects, including social work. Existing law requires an
intern, defined as a person who has earned a master's or doctoral
degree but is not yet licensed, to register with the board and renew
this registration annually. Under existing law, the board is
authorized to assess various fees in connection with its licensure
activities that are deposited into the Behavioral Sciences Fund,
which is continuously appropriated.
This bill would delete social work from the type of degrees that
satisfy this particular educational requirement for licensure and
would specify that a passing score on the licensure examination is
valid for a period of 7 years after its administration. The bill
would also require an intern to pay a fee of $75 upon his or her
registration renewal. Because the bill would increase the amount of
revenue paid into a continuously appropriated fund, it would make an
appropriation.
(9) Existing law provides for the licensure and registration by
the Board of Behavioral Sciences of persons engaged in the practice
of clinical social work. Under existing law, an applicant for this
license is required to meet specified professional experience and
educational requirements and to achieve a passing score on a
professional licensure examination. Existing law also authorizes the
board to take disciplinary action against a licensee for
unprofessional conduct and makes the violation of any provision
regulating the licensure or practice of a clinical social worker a
crime.
This bill would specify that a passing grade on this licensure
examination is valid for a period of 7 years after its administration
and would require an applicant for licensure to furnish evidence
that he or she has completed training or coursework in the subjects
of human sexuality and child abuse assessment and reporting. The
bill would also specify the professional experience requirements for
licensure with respect to persons registered with the board on and
after January 1, 2002. The bill would additionally make sexual
relations between the licensee and a former client, unprofessional
conduct, subject to disciplinary action by the board and would
prohibit the board from issuing a license to an applicant subject to
criminal registration laws. Because the bill would specify
additional acts as unprofessional conduct, the commission of which
would be a criminal offense, it would expand the scope of an existing
crime, thereby imposing a state-mandated local program.
(10) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 802 of the Business and Professions Code is
amended to read:
802. (a) Every settlement or arbitration award over three
thousand dollars ($3,000) of a claim or action for damages for death
or personal injury caused by negligence, error or omission in
practice, or the unauthorized rendering of professional services, by
a person who holds a license, certificate or other similar authority
from an agency mentioned in subdivision (a) of Section 800 (except a
person licensed pursuant to Chapter 3 (commencing with Section 1200)
or Chapter 5 (commencing with Section 2000) of Division 2) or the
Osteopathic Initiative Act who does not possess professional
liability insurance as to that claim shall, within 30 days after the
written settlement agreement has been reduced to writing and signed
by all the parties thereto or 30 days after service of the
arbitration award on the parties, be reported to the agency
which that issued the license, certificate, or
similar authority. A complete report shall be made by appropriate
means by the person or his or her counsel, with a copy of the
communication to be sent to the claimant through his or her counsel
if the person is so represented, or directly if he or she is not.
If, within 45 days of the conclusion of the written settlement
agreement or service of the arbitration award on the parties, counsel
for the claimant (or if the claimant is not represented by counsel,
the claimant himself or herself) has not received a copy of the
report, he or she shall himself or herself make the complete report.
Failure of the physician or claimant (or, if represented by counsel,
their counsel) to comply with this section is a public offense
punishable by a fine of not less than fifty dollars ($50) or more
than five hundred dollars ($500). Knowing and intentional failure to
comply with this section, or conspiracy or collusion not to comply
with this section, or to hinder or impede any other person in the
compliance is a public offense punishable by a fine of not less than
five thousand dollars ($5,000) nor more than fifty thousand dollars
($50,000).
(b) Every settlement over thirty thousand dollars ($30,000), or
arbitration award of any amount, of a claim or action for damages for
death or personal injury caused by negligence, error or omission in
practice, or the unauthorized rendering of professional services, by
a physician and surgeon licensed pursuant to Chapter 5 (commencing
with Section 2000) of Division 2, or the Osteopathic Initiative Act,
who does not possess professional liability insurance as to the claim
shall, within 30 days after the written settlement agreement has
been reduced to writing and signed by all the parties thereto or 30
days after service of the arbitration award on the parties, be
reported to the agency which that
issued the license, certificate or similar authority. A complete
report including the name and license number of the responsible
physician and surgeon shall be made by appropriate means by the
person or his or her counsel, with a copy of the communication to be
sent to the claimant through his or her counsel if he or she is so
represented, or directly if he or she is not. If, within 45 days of
the conclusion of the written settlement agreement or service of the
arbitration award on the parties, counsel for the claimant (or if the
claimant is not represented by counsel, the claimant himself or
herself) has not received a copy of the report, he or she shall
himself or herself make the complete report. Failure of the
physician or claimant (or, if represented by counsel, their counsel)
to comply with this section is a public offense punishable by a fine
of not less than fifty dollars ($50) or more than five hundred
dollars ($500). Knowing and intentional failure to comply with this
section, or conspiracy or collusion not to comply with this section,
or to hinder or impede any other person in the compliance is a public
offense punishable by a fine of not less than five thousand dollars
($5,000) nor more than fifty thousand dollars ($50,000).
(c) Every settlement or arbitration award over ten thousand
dollars ($10,000) of a claim or action for damages for death or
personal injury caused by negligence, error, or omission in practice,
or the unauthorized rendering of professional services, by a
marriage, family, and child counselor or clinical social worker
licensed pursuant to Chapter 13 (commencing with Section 4980) or
Chapter 14 (commencing with Section 4990), who does not possess
professional liability insurance as to that claim shall within 30
days after the written settlement agreement has been reduced to
writing and signed by all the parties thereto or 30 days after
service of the arbitration award on the parties, be reported to the
agency which that issued the license,
certificate, or similar authority. A complete report shall be made
by appropriate means by the person or his or her counsel, with a copy
of the communication to be sent to the claimant through his or her
counsel if he or she is so represented, or directly if he or she is
not. If, within 45 days of the conclusion of the written settlement
agreement or service of the arbitration award on the parties, counsel
for the claimant (or if he or she is not represented by counsel, the
claimant himself or herself) has not received a copy of the report,
he or she shall himself or herself make a complete report. Failure
of the marriage, family, and child counselor or clinical social
worker or claimant (or, if represented by counsel, their counsel) to
comply with this section is a public offense punishable by a fine of
not less than fifty dollars ($50) or more than five hundred dollars
($500). Knowing and intentional failure to comply with this section,
or conspiracy or collusion not to comply with this section, or to
hinder or impede any other person in that compliance is a public
offense punishable by a fine of not less than five thousand dollars
($5,000) nor more than fifty thousand dollars ($50,000).
SEC. 2. Section 803 of the Business and Professions Code is
amended to read:
803. (a) (1) Except as provided in paragraph (2), within 10 days
after a judgment by a court of this state that a person who holds a
license, certificate, or other similar authority from the Board of
Behavioral Science Examiners or from an agency mentioned in
subdivision (a) of Section 800 (except a person licensed pursuant to
Chapter 3 (commencing with Section 1200)) has committed a crime, or
is liable for any death or personal injury resulting in a judgment
for an amount in excess of thirty thousand dollars ($30,000) caused
by his or her negligence, error or omission in practice, or his or
her rendering unauthorized professional services, the clerk of the
court which that rendered the judgment
shall report that fact to the agency that issued the license,
certificate, or other similar authority.
(2) For purposes of a physician and surgeon who has committed a
crime, or is liable for any death or personal injury resulting in a
judgment of any amount caused by his or her negligence, error or
omission in practice, or his or her rendering unauthorized
professional services, the clerk of the court which
that rendered the judgment shall report that
fact to the agency that issued the license.
(b) Every insurer providing professional liability insurance to a
physician and surgeon licensed pursuant to Chapter 5 (commencing with
Section 2000) shall send a complete report including the name
and license number of the responsible physician and surgeon to
the Medical Board of California as to any judgment of a claim for
damages for death or personal injury caused by that licensee's
negligence, error, or omission in practice, or rendering of
unauthorized professional services. The report shall be sent within
30 calendar days after entry of judgment.
(c) Notwithstanding any other provision of law, the Medical Board
of California and the California Board of Podiatric Medicine shall
disclose to an inquiring member of the public information received
pursuant to subdivision (a) regarding felony convictions of, and
judgments against, a physician and surgeon or doctor of podiatric
medicine. The Division of Medical Quality and the California Board
of Podiatric Medicine may formulate appropriate disclaimers or
explanatory statements to be included with any information released,
and may, by regulation, establish categories of information that need
not be disclosed to the public because that information is
unreliable or not sufficiently related to the licensee's professional
practice.
SEC. 3. Section 803.2 of the Business and Professions Code is
amended to read:
803.2. Every entry of settlement agreement over thirty thousand
dollars ($30,000), or judgment or arbitration award of any amount, of
a claim or action for damages for death or personal injury caused
by, or alleging, the negligence, error, or omission in practice, or
the unauthorized rendering of professional services, by a physician
and surgeon or doctor of podiatric medicine licensed pursuant to
Chapter 5 (commencing with Section 2000) or the Osteopathic
Initiative Act, when that judgment, settlement agreement, or
arbitration award is entered against, or paid by, the employer of
that licensee and not the licensee himself or herself, shall be
reported to the appropriate board by the entity required to report
the information in accordance with Sections 801, 801.1, 802, and 803
as an entry of judgment, settlement, or arbitration award against the
negligent licensee. This report shall include the name and
license number of the responsible physician and surgeon.
"Employer" as used in this section means a professional
corporation, a group practice, a health care facility or clinic
licensed or exempt from licensure under the Health and Safety Code, a
licensed health care service plan, a medical care foundation, an
educational institution, a professional institution, a professional
school or college, a general law corporation, a public entity, or a
nonprofit organization that employs, retains, or contracts with a
licensee referred to in this section. Nothing in this section shall
be construed to authorize the employment of, or contracting with, any
licensee in violation of Section 2400.
SEC. 4. Article 1.5 (commencing with Section 1621) of Chapter 4 of
Division 2 of the Business and Professions Code is repealed.
SEC. 5. Section 1621 is added to the Business and Professions
Code, to read:
1621. The board shall utilize in the administration of its
licensure examinations only examiners whom it has appointed and who
meet the following criteria:
(a) Possession of a valid license to practice dentistry in this
state or possession of a valid license in one of the following dental
auxiliary categories: registered dental assistant, registered
dental assistant in extended functions, registered dental hygienist,
registered dental hygienist in extended functions, or registered
dental hygienist in alternative practice.
(b) Practice as a licensed dentist or in a dental auxiliary
licensure category for at least five years preceding his or her
appointment.
(c) Hold no position as an officer or faculty member at any
college, school, or institution that provides dental instruction in
the same licensure category as that held by the examiner.
SEC. 6. Section 1646.7 of the Business and Professions Code, as
amended by Section 1 of Chapter 177 of the Statutes of 1999, is
amended to read:
1646.7. (a) A violation of this article constitutes
unprofessional conduct and is grounds for the revocation or
suspension of the dentist's permit, license, or both, or the dentist
may be reprimanded or placed on probation.
(b) A violation of any provision of this article or Section 1682
is grounds for suspension or revocation of the physician and surgeon'
s permit issued pursuant to this article by the Board of
Dental Examiners Board of
California. The exclusive enforcement authority against a physician
and surgeon by the Board of Dental
Examiners Board of California shall be to
suspend or revoke the permit issued pursuant to this article. The
Board of Dental Examiners
Board of California shall refer a violation of this article by
a physician and surgeon to the Medical Board of California for its
consideration as unprofessional conduct and further action, if deemed
necessary by the Medical Board of California, pursuant to Chapter 5
(commencing with Section 2000). A suspension or revocation of a
physician and surgeon's permit by the Board of
Dental Examiners Board pursuant to this
article shall not constitute a disciplinary proceeding or action for
any purpose except to permit the initiation of an investigation or
disciplinary action by the Medical Board of California as authorized
by Section 2220.5.
(c) The proceedings under this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the
Board of Dental Examiners Board
of California shall have all the powers granted therein.
(d) This section shall remain in effect only until January 1,
2002, and as of that date is repealed, unless a later enacted
statute, which is enacted on or before January 1, 2002, deletes or
extends that date.
SEC. 7. Section 1646.7 of the Business and Professions Code, as
amended by Section 2 of Chapter 177 of the Statutes of 1999, is
repealed.
1646.7. (a) A violation of this article constitutes
unprofessional conduct and is grounds for the revocation or
suspension of the dentist's permit, license, or both, or the dentist
may be reprimanded or placed on probation. The proceedings under
this section shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the board shall have all the powers granted
therein.
(b) This section shall become operative January 1, 2002.
SEC. 8. Section 1646.9 of the Business and Professions Code is
amended to read:
1646.9. (a) Notwithstanding any other provision of law,
including, but not limited to, Section 1646.1, a physician and
surgeon licensed pursuant to Chapter 5 (commencing with Section 2000)
may administer general anesthesia in the office of a licensed
dentist for dental patients, without regard to whether the dentist
possesses a permit issued pursuant to this article, if all of the
following conditions are met:
(1) The physician and surgeon possesses a current license in good
standing to practice medicine in this state.
(2) The physician and surgeon holds a valid general anesthesia
permit issued by the Board of Dental
Examiners Board of California pursuant to
subdivision (b).
(b) (1) A physician and surgeon who desires to administer general
anesthesia as set forth in subdivision (a) shall apply to the
Board of Dental Examiners
Board of California on an application form prescribed by the
board and shall submit all of the following:
(A) The payment of an application fee prescribed by this article.
(B) Evidence satisfactory to the Medical Board of California
showing that the applicant has successfully completed a postgraduate
residency training program in anesthesiology that is recognized by
the American Council on Graduate Medical Education, as set forth in
Section 2079.
(C) Documentation demonstrating that all equipment and drugs
required by the Board of Dental Examiners
Board of California are possessed by the
applicant and shall be available for use in any dental office in
which he or she administers general anesthesia.
(D) Information relative to the current membership of the
applicant on hospital medical staffs.
(2) Prior to issuance or renewal of a permit pursuant to this
section, the Board of Dental Examiners
Board of California may, at its discretion,
require an onsite inspection and evaluation of the facility,
equipment, personnel, including, but not limited to, the physician
and surgeon, and procedures utilized. At least one of the persons
evaluating the procedures utilized by the physician and surgeon shall
be a licensed physician and surgeon expert in outpatient general
anesthesia who has been authorized or retained under contract by the
Board of Dental Examiners
Board of California for this purpose.
(3) The permit of any physician and surgeon who has failed an
onsite inspection and evaluation shall be automatically suspended 30
days after the date on which the board notifies the physician and
surgeon of the failure unless within that time period the physician
and surgeon has retaken and passed an onsite inspection and
evaluation. Every physician and surgeon issued a permit under this
article shall have an onsite inspection and evaluation at least once
every six years. Refusal to submit to an inspection shall result in
automatic denial or revocation of the permit.
(c) This section shall remain in effect only until January 1,
2002, and as of that date is repealed, unless a later enacted
statute, which is enacted on or before January 1, 2002, deletes or
extends that date.
SEC. 9. Section 1647.12 of the Business and Professions Code is
amended to read:
1647.12. (a) A dentist who desires to
administer, or order the administration of, oral conscious sedation
for minor patients, who does not hold a general anesthesia permit as
provided in Sections 1646.1 and 1646.2 or a conscious sedation permit
as provided in Sections 1647.2 and 1647.3, shall register his or her
name with the board on a board-prescribed registration form. The
dentist shall submit the registration fee and evidence showing that
he or she satisfies any of the following requirements:
(1)
(a) Satisfactory completion of a postgraduate program in
oral and maxillofacial surgery, pediatric dentistry, or periodontics
at a dental school approved by either the Commission on Dental
Accreditation or a comparable organization approved by the board.
(2)
(b) Satisfactory completion of a general practice residency
or other advanced education in a general dentistry program approved
by the board.
(3)
(c) Satisfactory completion of a board-approved educational
program on oral medications and sedation.
(4) For an applicant who has been using oral conscious sedation in
connection with the treatment of minor patients, submission of
documentation as required by the board of 10 cases of oral conscious
sedation satisfactorily performed by the applicant on minor patients
in any three-year period ending no later than August 31, 1998.
SEC. 10. Section 1716.1 of the Business and Professions Code is
amended to read:
1716.1. (a) Notwithstanding Section 1716, the board
may, by regulation, reduce the renewal fee for a licensee who has
practiced dentistry for 20 years or more in this state, has reached
the age of retirement under the federal Social Security Act (42
U.S.C. Sec. 301 et seq.), and customarily provides his or her
services free of charge to any person, organization, or agency. In
the event that charges are made, these charges shall be nominal. In
no event shall the aggregate of these charges in any single calendar
year be in an amount that would render the licensee ineligible for
full social security benefits. The board shall not reduce the
renewal fee under this section to an amount less than one-half of the
regular renewal fee.
(b) Notwithstanding Section 1716, any licensee who demonstrates to
the satisfaction of the board that he or she is unable to practice
dentistry due to a disability, may request a waiver of 50 percent of
the renewal fee. The granting of a waiver shall be at the discretion
of the board, and the board may terminate the waiver at any time. A
licensee to whom the board has granted a waiver pursuant to this
subdivision shall not engage in the practice of dentistry unless and
until the licensee pays the current renewal fee in full and
establishes to the satisfaction of the board, on a form prescribed by
the board and signed under penalty of perjury, that the licensee's
disability either no longer exists or no longer affects his or her
ability to safely practice dentistry.
SEC. 11. Section 1743 of the Business and Professions Code is
amended to read:
1743. The committee shall consist of the following nine members:
(a) One member who is a public member of the board ;
, one member who is a licensed dentist and
a member of the board's examining committee;
who has been appointed by the board as an examiner pursuant to
Section 1621, one member who is a licensed dentist who is
neither a board member nor examining committee
member; appointed by the board as an examiner pursuant
to Section 1621, three members who are licensed as registered
dental hygienists, at least one of whom is actively employed in a
private dental office ; , and three
members who are licensed as registered dental assistants. If
available, an individual licensed as a registered dental hygienist in
extended functions shall be appointed in place of one of the members
licensed as a registered dental hygienist. If available, an
individual licensed as a registered dental assistant in extended
functions shall be appointed in place of one of the members licensed
as a registered dental assistant.
(b) The public member of the board shall not have been licensed
under Chapter 4 (commencing with Section 1600) of the Business and
Professions Code within five years of the appointment date and shall
not have any current financial interest in a dental-related business.
SEC. 12. Section 1744 of the Business and Professions Code is
amended to read:
1744. (a) The members of the committee shall be appointed by the
Governor. The terms of the member who is a board member and the
member who is an examining committee member
has been appointed by the board as an examiner pursuant to Section
1621 shall expire December 31, 1976. The terms of the member
who is a licensed dentist and one member who is a dental assistant
and one member who is licensed as a registered dental hygienist shall
expire on December 31, 1977. The terms of all other members shall
expire on December 31, 1978. Thereafter, appointments shall be for a
term of four years.
(b) No member shall serve as a member of the committee for more
than two consecutive terms. Vacancies shall be filled by appointment
for the unexpired terms. The committee shall annually elect one of
its members as chairman.
(c) The Governor shall have the power to remove any member of the
committee from office for neglect of any duty required by law or for
incompetence or unprofessional or dishonorable conduct.
SEC. 13. Section 2065 of the Business and Professions Code is
amended to read:
2065. Unless otherwise provided by law, no postgraduate trainee,
intern, resident, postdoctoral fellow, or instructor may engage in
the practice of medicine, or receive compensation therefor, or offer
to engage in the practice of medicine unless he or she holds a valid,
unrevoked, and unsuspended physician's and surgeon's certificate
issued by the board. However, a graduate of an approved medical
school, who is registered with the Division of Licensing and who is
enrolled in a postgraduate training program approved by the division,
may engage in the practice of medicine whenever and wherever
required as a part of such the program
under the following conditions:
(a) A graduate enrolled in an approved first-year postgraduate
training program may so engage in the practice of medicine for a
period not to exceed one year whenever and wherever required as a
part of the training program, and may receive compensation for
such that practice.
(b) A graduate who has completed the first year of postgraduate
training may, in an approved residency or fellowship, engage in the
practice of medicine whenever and wherever required as part of such
residency or fellowship, and may receive compensation for
such that practice. Such a
The resident or fellow shall qualify for, take, and pass
the next succeeding written examination for licensure given by the
division, or shall qualify for and receive a physician's and surgeon'
s certificate by one of the other methods specified in this chapter.
If such a the resident or fellow
shall fail fails to receive a license
to practice medicine under this chapter within one year from the
commencement of the residency or fellowship or if the division
denies his or her application for licensure , all privileges
and exemptions under this section shall automatically cease.
SEC. 14. Section 2066 of the Business and Professions Code is
amended to read:
2066. (a) Nothing in this chapter shall be construed to prohibit
a foreign medical graduate from engaging in the practice of medicine
whenever and wherever required as a part of a clinical service
program under the following conditions:
(1) The clinical service is in a postgraduate training program
approved by the Division of Licensing.
(2) The graduate is registered with the division for the clinical
service.
(b) A graduate may engage in the practice of medicine under this
section until the receipt of his or her physician and surgeon's
certificate. If the graduate fails to pass the examination and
receive a certificate by the completion of the graduate's third year
of postgraduate training or if the division denies his or her
application for licensure , all privileges and exemptions under
this section shall automatically cease.
(c) Nothing in this section shall preclude a foreign medical
graduate from engaging in the practice of medicine under any other
exemption contained in this chapter.
SEC. 15. Section 2072 of the Business and Professions Code is
amended to read:
2072. Notwithstanding any other provision of law and subject to
the provisions of the State Civil Service Act, any person who is
licensed to practice medicine in any other state, who meets the
requirements for application and examination set
forth in this chapter , and who complies
with the provisions of Section 2065
with respect to registration with registers
with and is approved by the Division of Licensing, may be
appointed to the medical staff within a state institution and, under
the supervision of a physician and surgeon licensed in this state,
may engage in the practice of medicine on persons under the
jurisdiction of any such state institution. Qualified physicians and
surgeons licensed in this state shall not be recruited pursuant to
this section.
No person appointed pursuant to this section shall be employed in
any state institution for a period in excess of two years from the
date such the person was first employed
, and such the appointment
shall not be extended beyond such the
two-year period. At the end of such the
two-year period such , the
physician shall have been issued a physician's and surgeon's
certificate by the board in order to continue such employment. Until
such the physician has obtained a
physician's and surgeon's certificate from the board , he
or she shall not engage in the practice of medicine in this state
except to the extent expressly permitted herein.
SEC. 16. Section 2073 of the Business and Professions Code is
amended to read:
2073. Notwithstanding any other provision of law, any person who
is licensed to practice medicine in any other state who meets the
requirements for application and examination set
forth in this chapter, and who complies with the provisions
of Section 2065 with respect to registration with
registers with and is approved by the Division of Licensing,
may be employed on the resident medical staff within a county general
hospital and, under the supervision of a physician and surgeon
licensed in this state, may engage in the practice of medicine on
persons within such the county
institution. Employment pursuant to this section is authorized only
when an adequate number of qualified resident physicians cannot be
recruited from intern staffs in this state.
No person appointed pursuant to this section shall be employed in
any county general hospital for a period in excess of two years from
the date such the person was first
employed , and such the
employment shall not be extended beyond such
the two-year period. At the end of such
the two-year period such , the
physician shall have been issued a physician's and surgeon's
certificate by the board in order to continue as a member of such
resident staff. Until such the
physician has obtained a physician's and surgeon's certificate from
the board , he or she shall not engage in the practice of
medicine in this state except to the extent expressly permitted
herein.
SEC. 17. Section 2079 of the Business and Professions Code is
amended to read:
2079. (a) A physician and surgeon who desires to administer
general anesthesia in the office of a dentist pursuant to Section
1646.9 , shall provide the Medical Board of California
with a copy of the application submitted to the Board of
Dental Examiners Board of
California pursuant to subdivision (b) of Section 1646.9 and a fee
established by the board not to exceed the costs of processing the
application as provided in this section.
(b) The Medical Board of California shall review the information
submitted and take action as follows:
(1) Inform the Board of Dental
Examiners Board of California whether the
physician and surgeon has a current license in good standing to
practice medicine in this state.
(2) Verify whether the applicant has successfully completed a
postgraduate residency training program in anesthesiology and whether
the program has been recognized by the American Council on Graduate
Medical Education.
(3) Inform the Board of Dental
Examiners Board of California whether the
Medical Board of California has determined that the applicant has
successfully completed the postgraduate residency training program in
anesthesiology recognized by the American Council on Graduate
Medicine.
(c) This section shall remain in effect only until January 1,
2002, and as of that date is repealed, unless a later enacted
statute, which is enacted on or before January 1, 2002, deletes or
extends that date.
SEC. 18. Section 2088 of the Business and Professions Code is
repealed.
2088. Each applicant shall present an official transcript or
other official evidence to the Division of Licensing that he or she
has completed two years of preprofessional postsecondary education,
or its equivalent, before completing the resident course of
professional instruction.
The two-year preprofessional postsecondary education shall include
the subjects of physics, chemistry, and biology. In the event that
one of the above subjects was not completed as a part of that
postsecondary education, an applicant shall complete a course of
instruction in such subjects in an accredited postsecondary
educational institution prior to taking the written examination for
licensure.
SEC. 19. Section 2102 of the Business and Professions Code is
amended to read:
2102. Any applicant who either (1) is a United States
citizen, or (2) has filed a declaration of intention to become a
United States citizen, a petition for naturalization, or a comparable
document, or (3) was admitted or licensed to practice medicine and
surgery in a country or other state of the United States wherein
licensure requirements are satisfactory to the Division of Licensing,
whose professional instruction was acquired in a country
other than the United States or Canada shall provide evidence
satisfactory to the division of compliance with the following
requirements to be issued a physician and surgeon's certificate:
(a) Completion in a medical school or schools of a resident course
of professional instruction equivalent to that required by Section
2089 and issuance to the applicant of a document acceptable to the
division which that shows final and
successful completion of the course. However, nothing in this
section shall be construed to require the division to evaluate for
equivalency any coursework obtained at a medical school disapproved
by the division pursuant to this section.
(b) Certification by the Educational Commission for Foreign
Medical Graduates, or its equivalent, as determined by the division.
This subdivision shall apply to all applicants who are subject to
this section and who have not taken and passed the written
examination specified in subdivision (d) prior to June 1, 1986.
(c) Satisfactory completion of the postgraduate training required
under Section 2096. An applicant shall be required to have
substantially completed the professional instruction required in
subdivision (a) and shall be required to make application to the
division and have passed steps 1 and 2 of the written examination
relating to biomedical and clinical sciences prior to commencing any
postgraduate training in this state. In its discretion, the division
may authorize an applicant who is deficient in any education or
clinical instruction required by Sections 2089 and 2089.5 to make up
any deficiencies as a part of his or her postgraduate training
program, but that remedial training shall be in addition to the
postgraduate training required for licensure.
(d) Pass the written examination as provided under Article 9
(commencing with Section 2170). If an applicant has not
satisfactorily completed at least two years of approved postgraduate
training, the applicant shall also pass the clinical competency
written examination. An applicant shall be required to meet the
requirements specified in subdivision (b) prior to being admitted to
the written examination required by this subdivision.
Nothing in this section prohibits the division from disapproving
any foreign medical school or from denying an application if, in the
opinion of the division, the professional instruction provided by the
medical school or the instruction received by the applicant is not
equivalent to that required in Article 4 (commencing with Section
2080).
SEC. 20. Section 2221 of the Business and Professions Code is
amended to read:
2221. (a) The Division of Licensing may deny a physician's and
surgeon's license to any applicant guilty of unprofessional conduct
or of any cause that would subject a licensee to revocation or
suspension of his or her license; or, the division in its sole
discretion, may issue a probationary license to an applicant subject
to terms and conditions, including, but not limited to, any of the
following conditions of probation:
(1) Practice limited to a supervised, structured environment where
the licensee's activities shall be supervised by another physician
and surgeon.
(2) Total or partial restrictions on drug prescribing privileges
for controlled substances.
(3) Continuing medical or psychiatric treatment.
(4) Ongoing participation in a specified rehabilitation program.
(5) Enrollment and successful completion of a clinical training
program.
(6) Abstention from the use of alcohol or drugs.
(7) Restrictions against engaging in certain types of medical
practice.
(8) Compliance with all provisions of this chapter.
(b) The Division of Licensing may modify or terminate the terms
and conditions imposed on the probationary license upon receipt of a
petition from the licensee.
(c) The Division of Licensing may require an applicant to be
examined by a psychiatrist or psychologist or by a physician and
surgeon or by another practitioner licensed under this division. The
division may also require the applicant to take a professional
competency examination, conducted in accordance with Section 2292, in
order to determine whether it should issue a probationary license
and the probationary conditions required to ensure that the applicant
is able to practice medicine with reasonable skill and safety to
patients.
(d) Enforcement and monitoring of the probationary
conditions shall be under the jurisdiction of the Division of Medical
Quality in conjunction with the administrative hearing procedures
established pursuant to Sections 11371, 11372, 11373, and 11529 of
the Government Code, and the review procedures set forth in Section
2335.
SEC. 21. Section 2245 of the Business and Professions Code is
amended to read:
2245. (a) A violation of Article 2.7
(commencing with Section 1646) of Chapter 4 of Division 2
or Section 1682 by a physician and surgeon who possesses a
permit issued by the Board of Dental
Examiners Board of California to administer
general anesthesia in a dental office may constitute unprofessional
conduct.
(b) This section shall remain in effect only until January 1,
2002, and as of that date is repealed, unless a later enacted
statute, which is enacted on or before January 1, 2002, deletes or
extends that date.
SEC. 22. Section 2531 of the Business and Professions Code is
amended to read:
2531. There is hereby created a Speech-Language Pathology and
Audiology Board under the jurisdiction of the Medical Board of
California. The Speech-Language Pathology and Audiology Board shall
consist of nine members, three of whom shall be public members. The
Speech-Language Pathology and Audiology Board shall enforce and
administer this chapter.
This section shall become inoperative on July 1, 2002
2004 , and, as of January 1, 2003
2005 , is repealed, unless a later enacted
statute, that becomes effective on or before January 1, 2003
2005 , deletes or extends the inoperative and
repeal dates.
SEC. 23. Section 2878.7 of the Business and Professions Code is
repealed.
2878.7. A person whose license has been suspended or revoked may
petition the board for reinstatement or reduction of penalty in
accordance with Section 11522 of the Government Code. In determining
whether reinstatement shall be granted or the penalty reduced, the
board shall consider all competent evidence of rehabilitation
presented by the petitioner. The board shall have the authority to
impose terms and conditions upon a reinstatement or reduction of
penalty. Such terms and conditions may include, but are not limited
to, the following:
(a) Requiring the petitioner to pursue specified remedial
education and to pass an examination upon completion of the training.
(b) Requiring the petitioner to submit to a complete diagnostic
examination by one or more physicians, or other health professionals
licensed under this code, approved by the board.
(c) Restricting or limiting the extent, scope, or type of practice
of the reinstated license holder.
(d) Requiring the petitioner to provide such reports as the board
in its discretion may deem proper.
SEC. 24. Section 2878.7 is added to the Business and Professions
Code, to read:
2878.7. (a) A person whose license has been revoked, suspended,
surrendered, or placed on probation, may petition the board for
reinstatement or modification of the penalty, including modification
or termination of probation, after a period not less than the
following minimum periods has elapsed from the effective date of the
decision ordering the disciplinary action order or if any portion of
the order is stayed by the board itself or by the superior court,
from the date the disciplinary action is actually implemented in its
entirety:
(1) Except as otherwise provided in this section, at least three
years for the reinstatement of a license that was revoked or
surrendered, except that the board may, in its sole discretion,
specify in its order a lesser period of time, which shall be no less
than one year, to petition for reinstatement.
(2) At least two years for the early termination of a probation
period of three years or more.
(3) At least one year for the early termination of a probation
period of three years or more.
(4) At least one year for the modification of a condition of
probation, or for the reinstatement of a license revoked for mental
or physical illness.
(b) The board shall give notice to the Attorney General of the
filing of the petition. The petitioner and the Attorney General
shall be given timely notice by letter of the time and place of the
hearing on the petition, and an opportunity to present both oral and
documentary evidence and argument to the board. The petitioner shall
at all times have the burden of proof to establish by clear and
convincing evidence that he or she is entitled to the relief sought
in the petition.
(c) The board itself or the administrative law judge, if one is
designated by the board, shall hear the petition and shall prepare a
written decision setting forth the reasons supporting the decision.
(d) The board may grant or deny the petition or may impose any
terms and conditions that it reasonably deems appropriate as a
condition of reinstatement or reduction of penalty.
(e) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole or subject to
an order of registration pursuant to Section 290 of the Penal Code.
No petition shall be considered while there is an accusation or
petition to revoke probation pending against the petitioner.
(f) Except in those cases where the petitioner has been
disciplined for a violation of Section 822, the board may in its
discretion deny without hearing or argument any petition that is
filed pursuant to this section within a period of two years from the
effective date of a prior decision following a hearing under this
section.
(g) Nothing in this section shall be deemed to alter the
provisions of Sections 822 and 823.
SEC. 25. Section 4008 of the Business and Professions Code is
amended to read:
4008. (a) Except as provided by Section 159.5, the board may
employ inspectors of pharmacy. The inspectors, whether the
inspectors are employed by the board or the department's Division of
Investigation, may inspect during business hours all pharmacies,
medical device retailers wholesalers ,
dispensaries, stores, or places in which drugs or devices are
compounded, prepared, furnished, dispensed, or stored. Any board
inspector of pharmacy whose principal duties include either (1) the
inspection and investigation of pharmacies or pharmacists for alleged
violations of this act, or (2) the supervision of other inspectors
of pharmacy, shall be a pharmacist. For purposes of inspecting or
investigating nonpharmacies or nonpharmacists pursuant to this
chapter, a board inspector of pharmacy is not required to be a
pharmacist.
(b) Notwithstanding subdivision (a), a pharmacy inspector may
inspect or examine a physician's office or clinic that does not have
a permit under Section 4180 or 4190 only to the extent necessary to
determine compliance with and to enforce either Section 4080 or 4081.
(c) (1) Any pharmacy inspector employed by the board or in the
department's Division of Investigation shall have the authority, as a
public officer, to arrest, without warrant, any person whenever the
officer has reasonable cause to believe that the person to be
arrested has, in his or her presence, violated any provision of this
chapter or of Division 10 (commencing with Section 11000) of the
Health and Safety Code. If the violation is a felony, or if the
arresting officer has reasonable cause to believe that the person to
be arrested has violated any provision that is declared to be a
felony, although no felony has in fact been committed, he or she may
make an arrest although the violation or suspected violation did not
occur in his or her presence.
(2) In any case in which an arrest authorized by this subdivision
is made for an offense declared to be a misdemeanor, and the person
arrested does not demand to be taken before a magistrate, the
arresting inspector may, instead of taking the person before a
magistrate, follow the procedure prescribed by Chapter 5C (commencing
with Section 853.5) of Title 3 of Part 2 of the Penal Code. That
chapter shall thereafter apply with reference to any proceeding based
upon the issuance of a citation pursuant to this authority.
(d) There shall be no civil liability on the part of, and no cause
of action shall arise against, any person, acting pursuant to
subdivision (a) and within the scope of his or her authority, for
false arrest or false imprisonment arising out of any arrest that is
lawful, or that the arresting officer, at the time of the arrest, had
reasonable cause to believe was lawful. No inspector shall be
deemed an aggressor or lose his or her right to self-defense by the
use of reasonable force to effect the arrest or to prevent escape or
to overcome resistance.
(e) Any inspector may serve all processes and notices throughout
the state.
SEC. 26. Section 4033 of the Business and Professions Code is
amended to read:
4033. (a) "Manufacturer" means and includes every person who
prepares, derives, produces, compounds, or repackages any drug or
device except a pharmacy that manufactures on the immediate premises
where the drug or device is sold to the ultimate consumer.
(b) Notwithstanding subdivision (a), "manufacturer" shall not mean
a pharmacy compounding a drug for parenteral therapy, pursuant to a
prescription, for delivery to another pharmacy for the purpose of
delivering or administering the drug to the patient or patients named
in the prescription, provided that neither the components for the
drug nor the drug are compounded, fabricated, packaged, or otherwise
prepared prior to receipt of the prescription.
(c) Notwithstanding subdivision (a), "manufacturer" shall not mean
a pharmacy that, at a patient's request, repackages a drug
previously dispensed to the patient, or to the patient's agent,
pursuant to a prescription.
SEC. 27. Section 4057 of the Business and Professions Code is
amended to read:
4057. (a) Except as provided in Sections 4006, 4240, and 4342,
this chapter does not apply to the retail sale of nonprescription
drugs that are not subject to Section 4022 and that are packaged or
bottled in the manufacturer's or distributor's container and labeled
in accordance with applicable federal and state drug labeling
requirements.
(b) This chapter does not apply to specific dangerous drugs and
dangerous devices listed in board regulations, where the sale or
furnishing is made to any of the following:
(1) A physician, dentist, podiatrist, pharmacist, medical
technician, medical technologist, optometrist, or chiropractor
holding a currently valid and unrevoked license and acting within the
scope of his or her profession.
(2) A clinic, hospital, institution, or establishment holding a
currently valid and unrevoked license or permit under Division 2
(commencing with Section 1200) of the Health and Safety Code, or
Chapter 2 (commencing with Section 3300) of Division 3 of, or Part 2
(commencing with Section 6250) of Division 6 of, the Welfare and
Institutions Code.
(c) This chapter shall not apply to a home health agency licensed
under Chapter 8 (commencing with Section 1725) of, or a hospice
licensed under Chapter 8.5 (commencing with Section 1745) of,
Division 2 of, the Health and Safety Code, when it purchases, stores,
furnishes, or transports specific dangerous drugs and dangerous
devices listed in board regulations in compliance with applicable law
and regulations including:
(1) Dangerous devices described in subdivision (b) of Section
4022, as long as these dangerous devices are furnished only upon the
prescription or order of a physician, dentist, or podiatrist.
(2) Hypodermic needles and syringes.
(3) Irrigation solutions of 50 cubic centimeters or greater.
(d) This chapter does not apply to the storage of devices in
secure central or ward supply areas of a clinic, hospital,
institution, or establishment holding a currently valid and unrevoked
license or permit pursuant to Division 2 (commencing with Section
1200) of the Health and Safety Code, or pursuant to Chapter 2
(commencing with Section 3300) of Division 3 of, or Part 2
(commencing with Section 6250) of Division 6 of, the Welfare and
Institutions Code.
(e) This chapter does not apply to the retail sale of vitamins,
mineral products, or combinations thereof or to foods, supplements,
or nutrients used to fortify the diet of humans or other animals or
poultry and labeled as such that are not subject to Section 4022 and
that are packaged or bottled in the manufacturer's or distributor's
container and labeled in accordance with applicable federal and state
labeling requirements.
(f) This chapter does not apply to the furnishing of dangerous
drugs and dangerous devices to recognized schools of nursing. These
dangerous drugs and dangerous devices shall not include controlled
substances. The dangerous drugs and dangerous devices shall be used
for training purposes only, and not for the cure, mitigation, or
treatment of disease in humans. Recognized schools of nursing for
purposes of this subdivision are those schools recognized as training
facilities by the California Board of Registered Nursing.
(g) The board may, by regulation, establish a list of those
dangerous devices that may only be maintained, dispensed, sold, or
furnished by a pharmacist in a pharmacy. In establishing or
modifying that list, the board shall consider factors, including, but
not limited to, the following:
(1) The potential for abuse or for the spread of illness.
(2) The danger to the public if the device is not so restricted.
(3) The potential danger to minors if the device is not so
restricted.
SEC. 28. Section 4110 of the Business and Professions Code is
amended to read:
4110. (a) No person shall conduct a pharmacy in the State of
California unless he or she has obtained a license from the board. A
license shall be required for each pharmacy owned or operated by a
specific person. A separate license shall be required for each of
the premises of any person operating a pharmacy in more than one
location. The license shall be renewed annually. The board may, by
regulation, determine the circumstances under which a license may be
transferred.
(b) The board may, at its discretion, issue a temporary permit,
when the ownership of a pharmacy is transferred from one person to
another, upon the conditions and for any periods of time as the board
determines to be in the public interest. A temporary permit fee
shall be established by the board at an amount not to exceed the
annual fee for renewal of a permit to conduct a pharmacy. When
needed to protect public safety, a temporary permit to conduct a
pharmacy may be issued for a period not to exceed 180 days.
Temporary permits may be subject to conditions or restrictions deemed
necessary to protect public safety. A temporary license or
temporary certificate shall terminate upon notice thereof by
certified mail, return receipt requested, if it is issued by mistake
or if an application for permanent licensure is denied. The holder
of a temporary permit shall have no vested property interest in the
permit.
SEC. 29. Section 4115 of the Business and Professions Code is
amended to read:
4115. (a) Notwithstanding any other provision of law, a pharmacy
technician may perform packaging, manipulative, repetitive, or other
nondiscretionary tasks, only while assisting, and while under the
direct supervision and control of, a pharmacist.
(b) This section does not authorize the performance of any tasks
specified in subdivision (a) by a pharmacy technician without a
pharmacist on duty, nor does this section authorize the use of a
pharmacy technician to perform tasks specified in subdivision (a)
except under the direct supervision and control of a pharmacist.
(c) This section does not authorize a pharmacy technician to
perform any act requiring the exercise of professional judgment by a
pharmacist.
(d) The board shall adopt regulations to
specify tasks pursuant to subdivision (a) that a pharmacy technician
may perform under the direct supervision and control of a pharmacist.
Any pharmacy that employs a pharmacy technician to perform tasks
specified in subdivision (a) shall do so in conformity with the
regulations adopted by the board pursuant to this subdivision.
(e) (1) No person shall act as a pharmacy technician without first
being registered with the board as a pharmacy technician as set
forth in Section 4202.
(2) The registration requirements in paragraph (1) and
Section 4202 shall not apply to a person employed or utilized as a
pharmacy technician to assist in the filling of prescriptions for an
inpatient of a hospital until July 1, 1997.
(3) The registration requirements in paragraph (1) and
Section 4202 shall not apply during the first year of employment for
a person employed or utilized as a pharmacy technician to assist in
the filling of prescriptions for an inmate of a correctional facility
of the Department of the Youth Authority or the Department of
Corrections, or for a person receiving treatment in a facility
operated by the State Department of Mental Health, the State
Department of Developmental Services, or the Department of Veterans
Affairs.
(f) The performance of duties by a pharmacy technician shall be
under the direct supervision and control of a pharmacist. The
pharmacist on duty shall be directly responsible for the conduct of a
pharmacy technician. A pharmacy technician may perform the duties,
as specified in subdivision (a), only under the immediate, personal
supervision and control of a pharmacist. Any pharmacist responsible
for a pharmacy technician shall be on the premises at all times, and
the pharmacy technician shall be within the pharmacist's view. A
pharmacist shall indicate verification of the prescription by
initialing the prescription label before the medication is provided
to the patient.
This subdivision shall not apply to a person employed or utilized
as a pharmacy technician to assist in the filling of prescriptions
for an inpatient of a hospital or for an inmate of a correctional
facility. Notwithstanding the exemption in this subdivision, the
requirements of subdivisions (a) and (b) shall apply to a person
employed or utilized as a pharmacy technician to assist in the
filling of prescriptions for an inpatient of a hospital or for an
inmate of a correctional facility.
(g) (1) The ratio of pharmacy technicians performing the tasks
specified in subdivision (a) to pharmacists shall not exceed one to
one, except that this ratio shall not apply to personnel performing
clerical functions pursuant to Section 4116 or 4117. This ratio is
applicable to all practice settings, except for an inpatient of a
licensed health facility, a patient of a licensed home health agency,
as specified in paragraph (2), an inmate of a correctional facility
of the Department of the Youth Authority or the Department of
Corrections, and for a person receiving treatment in a facility
operated by the State Department of Mental Health, the State
Department of Developmental Services, or the Department of Veterans
Affairs.
(2) The board may adopt regulations establishing the ratio of
pharmacy technicians performing the tasks specified in subdivision
(a) to pharmacists applicable to the filling of prescriptions of an
inpatient of a licensed health facility and for a patient of a
licensed home health agency. Any ratio established by the board
pursuant to this subdivision shall allow, at a minimum, at least one
pharmacy technician for each pharmacist, except that this ratio shall
not apply to personnel performing clerical functions pursuant to
Section 4116 or 4117.
(h) Notwithstanding subdivisions (b) and (f), the board shall by
regulation establish conditions to permit the temporary absence of a
pharmacist for breaks and lunch periods pursuant to Section 512 of
the Labor Code and the orders of the Industrial Welfare Commission
without closing the pharmacy. During these temporary absences, a
pharmacy technician may, at the discretion of the pharmacist, remain
in the pharmacy but may only perform nondiscretionary tasks. The
pharmacist shall be responsible for a pharmacy technician and shall
review any task performed by a pharmacy technician during the
pharmacist's temporary absence. Nothing in this subdivision shall be
construed to authorize a pharmacist to supervise pharmacy
technicians in greater ratios than those described in subdivision
(g).
SEC. 30. Section 4161 of to the Business and Professions Code is
amended to read:
4161. (a) No person shall act as an out-of-state
manufacturer or wholesaler of dangerous drugs or dangerous devices
doing business in this state who has not obtained a
an out-of-state dangerous drug or dangerous device
distributor's license from the board and who sells or
distributes dangerous drugs or dangerous devices in this state
through any person or media other than a wholesaler who has obtained
a license pursuant to this chapter or through a selling or
distribution outlet that is licensed as a wholesaler pursuant to this
chapter, shall conduct the business of selling or distributing
dangerous drugs or dangerous devices in this state without obtaining
an out-of-state drug or dangerous device distributor's license from
the board . Persons not located in this state selling
or distributing dangerous drugs or dangerous devices in this state
only through a licensed wholesaler are not required to be licensed as
an out-of-state manufacturer or wholesaler or have an out-of-state
dangerous drug or dangerous device distributor's license .
(b) Applications for an out-of-state dangerous drug or dangerous
device distributor's license shall be made on a form furnished by the
board. The board may require any information as the board deems is
reasonably necessary to carry out the purposes of the section. The
license shall be renewed annually.
(c) The Legislature, by enacting this section, does not intend a
license issued to any out-of-state manufacturer or wholesaler
pursuant to this section to change or affect the tax liability
imposed by Chapter 3 (commencing with Section 23501) of Part 11 of
Division 2 of the Revenue and Taxation Code on any out-of-state
manufacturer or wholesaler.
(d) The Legislature, by enacting this section, does not intend a
license issued to any out-of-state manufacturer or wholesaler
pursuant to this section to serve as any evidence that the
out-of-state manufacturer or wholesaler is doing business within this
state.
SEC. 31. Section 4305.5 of the Business and Professions Code is
amended to read:
4305.5. (a) Any person who has obtained a license to conduct a
wholesaler or veterinary food-animal drug retailer, shall notify the
board within 30 days of the termination of employment of any
pharmacist or exemptee who takes charge of, or acts as manager of the
licensee. Failure to notify the board within the 30-day period
shall constitute grounds for disciplinary action.
(b) Any person who has obtained a license to conduct a wholesaler
or veterinary food-animal drug retailer, who willfully fails to
notify the board of the termination of employment of any pharmacist
or exemptee who takes charge of, or acts as manager of the licensee,
and who continues to operate the licensee in the absence of a
pharmacist or an exemptee approved for that location, shall be
subject to summary suspension or revocation of his or her license to
conduct a pharmacy wholesaler or veterinary
food-animal drug retailer .
(c) Any pharmacist or exemptee who takes charge of, or acts as
manager of a wholesaler or veterinary food-animal drug retailer, who
terminates his or her employment at the licensee, shall notify the
board within 30 days of the termination of employment. Failure to
notify the board within the 30-day period shall constitute grounds
for disciplinary action.
(d) This section shall become operative on July 1, 2001.
SEC. 32. Section 4331 of the Business and Professions Code is
amended to read:
4331. (a) Any person who is neither a pharmacist nor an exemptee
and who takes charge of a wholesaler or veterinary food-animal drug
retailer or who dispenses a prescription or furnishes dangerous
devices except as otherwise provided in this chapter is guilty of a
misdemeanor.
(b) Any person who has obtained a license to conduct a veterinary
food-animal drug retailer and who fails to place in charge of that
veterinary food-animal drug retailer a pharmacist or exemptee, or any
person who, by himself or herself, or by any other person, permits
the dispensing of prescriptions, except by a pharmacist or exemptee,
or as otherwise provided in this chapter, is guilty of a misdemeanor.
(c) Any person who has obtained a license to conduct a wholesaler
and who fails to place in charge of that wholesaler a pharmacist or
exemptee, or any person who, by himself or herself, or by any other
person, permits the dispensing of prescriptions
furnishing of dangerous drugs or dangerous devices ,
except by a pharmacist or exemptee, or as otherwise provided in this
chapter, is guilty of a misdemeanor.
(d) This section shall become operative on July 1, 2001.
SEC. 33. Section 4400 of the Business and Professions Code is
amended to read:
4400. The amount of fees and penalties prescribed by this
chapter, except as otherwise provided, is that fixed by the board
according to the following schedule:
(a) The fee for a nongovernmental pharmacy license shall be three
hundred forty dollars ($340) and may be increased to four hundred
dollars ($400).
(b) The fee for a nongovernmental pharmacy or medical device
retailer annual renewal shall be one hundred seventy-five dollars
($175) and may be increased to two hundred fifty dollars ($250).
(c) The fee for processing remodeling plans and
inspecting a remodeled pharmacy shall be one hundred thirty dollars
($130) and may be increased to one hundred seventy-five dollars
($175).
(d) The fee for the pharmacist examination shall be one
hundred fifty-five dollars ($155) and may be increased to one hundred
eighty-five dollars ($185).
(e)
(d) The fee for regrading an examination shall be
seventy-five dollars ($75) and may be increased to eighty-five
dollars ($85). If an error in grading is found and the applicant
passes the examination, the regrading fee shall be refunded.
(f)
(e) The fee for a pharmacist license and biennial renewal
shall be one hundred fifteen dollars ($115) and may be increased to
one hundred fifty dollars ($150).
(g)
(f) The fee for a wholesaler license and annual renewal
shall be five hundred fifty dollars ($550) and may be increased to
six hundred dollars ($600).
(h)
(g) The fee for a hypodermic license and renewal shall be
ninety dollars ($90) and may be increased to one hundred twenty-five
dollars ($125).
(i)
(h) The fee for examination
application and investigation for an exemptee license under
Sections 4053 and 4054 shall be seventy-five dollars ($75) and may be
increased to one hundred dollars ($100), except for a veterinary
food-animal drug retailer exemptee, for whom the fee shall be one
hundred dollars ($100).
(j)
(i) The fee for an exemptee license and annual renewal under
Sections 4053 and 4054 shall be one hundred ten dollars ($110) and
may be increased to one hundred fifty dollars ($150), except that the
fee for the issuance of a veterinary food-animal drug retailer
exemptee license shall be one hundred fifty dollars ($150), for
renewal one hundred ten dollars ($110), which may be increased to one
hundred fifty dollars ($150), and for filing a late renewal
fifty-five dollars ($55).
(k)
(j) The fee for an out-of-state drug distributor's license
and annual renewal issued pursuant to Section 4120 shall be five
hundred fifty dollars ($550) and may be increased to six hundred
dollars ($600).
(l)
(k) The fee for registration and annual renewal of providers
of continuing education shall be one hundred dollars ($100) and may
be increased to one hundred thirty dollars ($130).
(m)
(l) The fee for evaluation of continuing education courses
for accreditation shall be set by the board at an amount not to
exceed forty dollars ($40) per course hour.
(n)
(m) The fee for evaluation of applications submitted by
graduates of foreign colleges of pharmacy or colleges of pharmacy not
recognized by the board shall be one hundred sixty-five dollars
($165) and may be increased to one hundred seventy-five dollars
($175).
(o)
(n) The fee for an intern license or extension shall be
sixty-five dollars ($65) and may be increased to seventy-five dollars
($75). The fee for transfer of intern hours or verification of
licensure to another state shall be fixed by the board not to exceed
twenty dollars ($20).
(p)
(o) The board may, by regulation, provide for the waiver or
refund of the additional fee for the issuance of a certificate where
the certificate is issued less than 45 days before the next
succeeding regular renewal date.
(q)
(p) The fee for the reissuance of any license, or renewal
thereof, that has been lost or destroyed or reissued due to a name
change is thirty dollars ($30).
(r)
(q) The fee for the reissuance of any license, or renewal
thereof, that must be reissued because of a change in the
information, is sixty dollars ($60) and may be increased to one
hundred dollars ($100).
(s)
(r) It is the intent of the Legislature that, in setting
fees pursuant to this section, the board shall seek to maintain a
reserve in the Pharmacy Board Contingent Fund equal to approximately
one year's operating expenditures.
(t)
(s) The fee for any applicant for a clinic permit is three
hundred forty dollars ($340) and may be increased to four hundred
dollars ($400) for each permit. The annual fee for renewal of the
permit is one hundred seventy-five dollars ($175) and may be
increased to two hundred fifty dollars ($250) for each permit.
(u)
(t) The board shall charge a fee for the processing and
issuance of a registration to a pharmacy technician and a separate
fee for the biennial renewal of the registration. The registration
fee shall be twenty-five dollars ($25) and may be increased to fifty
dollars ($50). The biennial renewal fee shall be twenty-five dollars
($25) and may be increased to fifty dollars ($50).
(v)
(u) The fee for a veterinary food-animal drug retailer
license shall be four hundred dollars ($400). The annual renewal fee
for a veterinary food-animal drug retailer shall be two hundred
fifty dollars ($250).
(w)
(v) The fee for issuance of a retired license pursuant to
Section 4200.5 shall be thirty dollars ($30).
(x) This section shall become operative on July 1, 2001.
SEC. 34. Section 4524 of the Business and Professions Code is
repealed.
4524. A person whose license has been suspended or revoked may
petition the board for reinstatement or reduction of penalty no
sooner than one year from the date of discipline, in accordance with
Section 11522 of the Government Code. In determining whether
reinstatement shall be granted or the penalty reduced, the board
shall consider all competent evidence of rehabilitation presented by
the petitioner. The board shall have the authority to impose terms
and conditions upon a reinstatement or reduction of penalty. Those
terms and conditions may include, but are not limited to, the
following requirements:
(a) That the petitioner pursue specified remedial education and
pass an examination upon completion of the training.
(b) That the petitioner submit to a complete diagnostic
examination by one or more physicians, or other health professionals
licensed under this division, approved by the board.
(c) That a restriction or limit be placed on the extent, scope, or
type of practice of the reinstated licensee.
(d) That the petitioner provide any reports as the board in its
discretion may deem proper.
(e) That the petitioner take and successfully complete the current
examination for the psychiatric technician license as a condition of
probation.
SEC. 35. Section 4524 is added to the Business and Professions
Code, to read:
4524. (a) A person whose license has been revoked, suspended,
surrendered, or placed on probation, may petition the board for
reinstatement or modification of the penalty, including modification
or termination of probation, after a period not less than the
following minimum periods has elapsed from the effective date of the
decision ordering the disciplinary action order or if any portion of
the order is stayed by the board itself or by the superior court,
from the date the disciplinary action is actually implemented in its
entirety:
(1) Except as otherwise provided in this section, at least three
years for the reinstatement of a license that was revoked or
surrendered, except that the board may, in its sole discretion,
specify in its order a lesser period of time, which shall be no less
than one year to petition for reinstatement.
(2) At least two years for the early termination of a probation
period of three years or more.
(3) At least one year for the early termination of a probation
period of three years or more.
(4) At least one year for the modification of a condition of
probation, or for the reinstatement of a license revoked for mental
or physical illness.
(b) The board shall give notice to the Attorney General of the
filing of the petition. The petitioner and the Attorney General
shall be given timely notice by letter of the time and place of the
hearing on the petition, and an opportunity to present both oral and
documentary evidence and argument to the board. The petitioner shall
at all times have the burden of proof to establish by clear and
convincing evidence that he or she is entitled to the relief sought
in the petition.
(c) The board itself or the administrative law judge, if one is
designated by the board, shall hear the petition and shall prepare a
written decision setting forth the reasons supporting the decision.
(d) The board may grant or deny the petition or may impose any
terms and conditions that it reasonably deems appropriate as a
condition of reinstatement or reduction of penalty.
(e) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole or subject to
an order of registration pursuant to Section 290 of the Penal Code.
No petition shall be considered while there is an accusation or
petition to revoke probation pending against the petitioner.
(f) Except in those cases where the petitioner has been
disciplined for a violation of Section 822, the board may in its
discretion deny without hearing or argument any petition that is
filed pursuant to this section within a period of two years from the
effective date of a prior decision following a hearing under this
section.
(g) Nothing in this section shall be deemed to alter the
provisions of Sections 822 and 823.
SEC. 36. Section 4980.38 of the Business and Professions Code is
amended to read:
4980.38. (a) Each educational institution preparing applicants to
qualify for licensure shall notify each of its students by means of
its public documents or otherwise in writing that its degree program
is designed to meet the requirement of Section 4980.37 and shall
certify to the board that it has so notified its students.
(b) In addition to all the other requirements for licensure, each
applicant shall submit to the board a certification by the chief
academic officer, or his or her designee, of the applicant's
educational institution that the applicant has fulfilled the
requirements enumerated in Sections 4980.37 and 4980.40, and
subdivisions (a) and (d) of Section 4980.41.
(c) An applicant for an intern registration who has completed a
program to update his or her degree in accordance with subdivision
(k) (i) of Section 4980.40 shall
furnish to the board certification by the chief academic officer of a
school, college, or university accredited by the Western Association
of Schools and Colleges, or from a school, college, or university
meeting accreditation standards comparable to those of the Western
Association of Schools and Colleges, that the applicant has
successfully completed all academic work necessary to comply with the
current educational requirements for licensure as a marriage,
family, and child counselor.
SEC. 37. Section 4980.40 of the Business and Professions Code is
amended to read:
4980.40. To qualify for a license , an applicant shall
have all the following qualifications:
(a) Applicants applying for licensure on or after January 1, 1988,
shall possess a doctor's or master's degree approved by the
board in marriage, family, and child counseling, marital and
family therapy, psychology, clinical psychology, counseling
psychology, or counseling with an emphasis in either
marriage, family, and child counseling , or social
work with an emphasis in clinical social work or
marriage and family therapy , obtained from a school, college,
or university accredited by the Western Association of Schools and
Colleges, or approved by the Bureau for Private Postsecondary and
Vocational Education , pursuant to Section 94774.5 of the
Education Code . For purposes of this chapter, the term
"approved by the Bureau for Private Postsecondary and Vocational
Education" shall not include temporary, conditional, or any
other type of interim approval mean unconditional
approval existing at the time of the applicant's graduation from the
school, college, or university . In order to qualify for
licensure pursuant to this subdivision, any doctor's or master's
degree program shall be a single, integrated program primarily
designed to train marriage and family therapists and shall
contain no less than 48 semester or 72 quarter units of instruction.
The instruction shall include no less than 12 semester units or 18
quarter units of coursework in the areas of marriage, family, and
child counseling, and marital and family systems approaches to
treatment.
The coursework shall include all of the following areas:
(1) The salient theories of a variety of psychotherapeutic
orientations directly related to marriage, family, and child
counseling, and marital and family systems approaches to treatment.
(2) Theories of marriage and family therapy and how they can be
utilized in order to intervene therapeutically with couples,
families, adults, children, and groups.
(3) Developmental issues and life events from infancy to old age
and their effect upon individuals, couples, and family relationships.
This may include coursework that focuses on specific family life
events and the psychological, psychotherapeutic, and health
implications that arise within couples and families, including, but
not limited to, childbirth, child rearing, childhood, adolescence,
adulthood, marriage, divorce, blended families, stepparenting, and
geropsychology.
(4) A variety of approaches to the treatment of children.
The board may shall , by regulation,
further define the content requirements of required courses
specified set forth the subjects of instruction
required in this subdivision.
(b) (1) In addition to the 12 semester or 18 quarter units of
coursework specified above, the doctor's or master's degree program
shall contain not less than six semester or nine quarter units of
supervised practicum in applied psychotherapeutic techniques,
assessment, diagnosis, prognosis, and treatment of premarital,
couple, family, and child relationships, including dysfunctions,
healthy functioning, health promotion, and illness prevention, in a
supervised clinical placement that provides supervised fieldwork
experience within the scope of practice of a marriage, family, and
child counselor.
(2) For applicants who enrolled in a degree program on or after
January 1, 1995, the practicum shall include a minimum of 150 hours
of face-to-face experience counseling individuals, couples, families,
or groups.
(3) (A) Supervised practicum hours, as specified in this
subdivision, shall be evaluated, accepted, and credited as hours for
trainee experience by the board.
(B) The practicum hours shall be considered as part of the 48
semester or 72 quarter unit requirement.
(c) As an alternative to meeting the qualifications specified in
subdivision (a), the board shall accept as equivalent degrees, those
master's or doctor's degrees granted by educational institutions
whose degree program is approved by the Commission on Accreditation
for Marriage and Family Therapy Education.
(d) All applicants shall, in addition, complete the coursework or
training specified in Section 4980.41.
(e) All applicants shall be at least 18 years of age.
(f) All applicants shall have at least two years' experience that
meets the requirements of this chapter in interpersonal
relationships, marriage, family, and child counseling and
psychotherapy under the supervision of a licensed marriage, family,
and child counselor, licensed clinical social worker, licensed
psychologist, or a licensed physician certified in psychiatry by the
American Board of Psychiatry and Neurology. Experience shall not be
gained under the supervision of an individual who has provided
therapeutic services to that applicant. For those supervisorial
relationships in effect on or before December 31, 1988, and which
remain in continuous effect thereafter, experience may be gained
under the supervision of a licensed physician who has completed a
residency in psychiatry. Any person supervising another person
pursuant to this subdivision shall have been licensed or certified
for at least two years prior to acting as a supervisor, shall have a
current and valid license that is not under suspension
or probation, and shall meet the
requirements established by regulations.
(g) The applicant shall pass a written examination and an oral
examination conducted by the board or its designees.
(h) The applicant shall not have committed acts or crimes
constituting grounds for denial of licensure under Section 480. The
board shall not issue a registration or license to any person who has
been convicted of any crime in the United States that involves
sexual abuse of children or who has been ordered to register as a
mentally disordered sex offender or the equivalent in another state
or territory.
(i) Applicants applying for licensure on or before
December 31, 1987, shall possess all of the qualifications specified
in subdivisions (e) to (h), inclusive, and shall possess a doctor's
or master's degree in marriage, family, and child counseling, social
work, clinical psychology, counseling, counseling psychology, child
development and family studies, or a degree determined by the board
to be equivalent, obtained from a school, college, or university
accredited by the Western Association of Schools and Colleges, the
Northwest Association of Secondary and Higher Schools, or an
essentially equivalent accrediting agency as determined by the board.
(j) For applicants applying for a license pursuant to subdivision
(i), the board may make a determination that an applicant's master's
or doctor's degree is an equivalent degree if it finds that the
degree was issued upon completion of a course of academic study
primarily designed to train persons as a marriage, family, and child
counselor. The course of study completed by the applicant shall
contain not less than 30 semester or 45 quarter units of coursework
as follows: (1) human biological, psychological, and social
development, (2) human sexuality, (3) psychopathology, (4)
cross-cultural mores and values, (5) theories of marriage, family,
and child counseling, (6) professional ethics and law, (7) human
communication, (8) research methodology, (9) theories and
applications of psychological testing, and (10) not less than six
semester or nine quarter units of supervised practicum in applied
psychotherapeutic techniques, assessment, diagnosis, prognosis, and
treatment of premarital, family, and child relationship dysfunctions.
The applicant shall submit to the board satisfactory written
verification by the chief academic officer of the accredited or
approved school, or by an authorized designee, that the applicant has
successfully completed courses, including the practicum required by
the board. The verification shall include, but need not be limited
to, descriptions of the completed courses. The board may request
further written verification of course content and academic
experience to determine that the applicant's training and experience
is equivalent to the course of instruction required by this section.
(k) (1) An applicant applying for intern registration
who, prior to December 31, 1987, met the qualifications for
registration, but who failed to apply or qualify for intern
registration may be granted an intern registration if the applicant
meets all of the following criteria:
(A) The applicant possesses a doctor's or master's degree in
marriage, family, and child counseling, marital and family therapy,
psychology, clinical psychology, counseling psychology, counseling
with an emphasis in marriage, family, and child counseling, or social
work with an emphasis in clinical social work obtained from a
school, college, or university currently conferring that degree that,
at the time the degree was conferred, was accredited by the Western
Association of Schools and Colleges, and where the degree conferred
was, at the time it was conferred, specifically intended to satisfy
the educational requirements for licensure by the Board of Behavioral
Sciences.
(B) The applicant's degree and the course content of the
instruction underlying that degree have been evaluated by the chief
academic officer of a school, college, or university accredited by
the Western Association of Schools and Colleges to determine the
extent to which the applicant's degree program satisfies the current
educational requirements for licensure, and the chief academic
officer certifies to the board the amount and type of instruction
needed to meet the current requirements.
(C) The applicant completes a plan of instruction that has been
approved by the board at a school, college, or university accredited
by the Western Association of Schools and Colleges that the chief
academic officer of the educational institution has, pursuant to
subparagraph (B), certified will meet the current educational
requirements when considered in conjunction with the original degree.
(2) A person applying under this subdivision shall be considered a
trainee, as that term is defined in Section 4980.03, once he or she
is enrolled to complete the additional coursework necessary to meet
the current educational requirements for licensure.
(l) This section shall become operative on January 1, 1997.
SEC. 38. Section 4980.44 of the Business and Professions Code is
amended to read:
4980.44. (a) An unlicensed marriage, family, and child counselor
intern employed under this chapter shall:
(1) Have earned at least a master's degree as specified in Section
4980.40.
(2) Be registered with the board prior to the intern performing
any duties, except as otherwise provided in subdivision (e) of
Section 4980.43.
(3) File for renewal of registration annually for a maximum of
five years after initial registration with the board.
The following is required in order to renew this registration:
(A) Filing an application with the board.
(B) Paying the renewal fee in the sum of seventy-five dollars
($75).
(C) Notifying the board of any conviction, as defined in Section
490, of a misdemeanor or felony offense and of any disciplinary
action by a regulatory or licensing board in this or any other state
that occurred after the time of the prior registration renewal.
(4) Inform each client or patient prior to performing any
professional services that he or she is unlicensed and under the
supervision of a licensed marriage, family, and child counselor,
licensed clinical social worker, licensed psychologist, licensed
physician certified in psychiatry by the American Board of Psychiatry
and Neurology, or a licensed physician who has completed a residency
in psychiatry and who is described in subdivision (f) of Section
4980.40, whichever is applicable. Continued employment as an
unlicensed marriage, family, and child counselor intern shall cease
after six years unless the requirements of subdivision (b) are met.
(b) No application to renew or to reinstate a registration
shall be granted if the application is made more than six years after
the registration was initially issued. This provision applies to a
registration that was revoked for any period of time after its
issuance.
(c) When no further renewals are possible, either because
the applicant has exhausted the number of renewals available or
because of the repeal of Section 4980.44, as amended by Chapter 1114
of the Statutes of 1991, an applicant may apply for and obtain new
intern registration status if the applicant meets the educational
requirements for registration in effect at the time of the
application for a new intern registration. An applicant who is
issued a subsequent intern registration pursuant to this subdivision
may be employed or volunteer in all allowable work settings except in
private practice, and shall fulfill all of the required hours of
experience for licensure within that intern registration period.
Hours of experience fulfilled under a prior intern registration shall
not be used to satisfy licensure requirements.
(c) This section shall become operative on January 1, 1999.
SEC. 39. Section 4980.50 of the Business and Professions Code is
amended to read:
4980.50. Every applicant who meets the educational and experience
requirements and applies for a license as a marriage, family, and
child counselor shall be examined by the board. The examinations
shall be as set forth in subdivision (g) of Section 4980.40. The
examinations shall be given at least twice a year at a time and place
and under supervision as the board may determine. The board shall
examine the candidate with regard to his or her knowledge and
professional skills and his or her judgment in the utilization of
appropriate techniques and methods.
The board shall not deny any applicant, who has submitted a
complete application for examination, admission to the licensure
examinations required by this section if the applicant meets the
educational and experience requirements of this chapter, and has not
committed any acts or engaged in any conduct which would constitute
grounds to deny licensure.
The board shall not deny any applicant, whose application for
licensure is complete, admission to the written examination, nor
shall the board postpone or delay any applicant's written examination
or delay informing the candidate of the results of any written
examination, solely upon the receipt by the board of a complaint
alleging acts or conduct which would constitute grounds to deny
licensure.
When
If an applicant for examination who has passed the written
examination is the subject of a complaint or is under board
investigation for acts or conduct which that
, if proven to be true, would constitute grounds for the board
to deny licensure, the board shall permit the applicant to take the
oral examination for licensure, but may withhold the results of the
examination or notify the applicant that licensure will not be
granted pending completion of the investigation.
Notwithstanding Section 135, the board may deny any applicant who
has previously failed either the written or oral examination
permission to retake either examination pending completion of the
investigation of any complaints against the applicant. Nothing in
this section shall prohibit the board from denying an applicant
admission to any examination, withholding the results, or refusing to
issue a license to any applicant when an accusation or statement of
issues has been filed against the applicant pursuant to Sections
11503 and 11504 of the Government Code, respectively, or the
applicant has been denied in accordance with subdivision (b) of
Section 485 of the Business and Professions Code .
Notwithstanding any other provision of law, the board may destroy
all written and oral examination materials two years following the
date of the examination.
A passing score achieved on the examination shall be valid and
accepted by the board for the purpose of qualifying for licensure as
a marriage, family, and child counselor for a period of seven years
from the date on which the examination occurred.
An applicant who has qualified pursuant to this chapter shall be
issued a license as a marriage, family, and child counselor in the
form that the board may deem appropriate.
SEC. 40. Section 4986.21 of the Business and Professions Code is
amended to read:
4986.21. (a) Only individuals who have the qualifications
prescribed by the board under this chapter are eligible to take the
examination. Every applicant who is issued a license as an
educational psychologist shall be examined by the board.
(b) Notwithstanding any other provision of law, the board may
destroy all written and oral examination materials two years
following the date of the examination.
(c) A passing score achieved on the examination shall be valid and
accepted by the board for the purpose of qualifying for licensure
under this article for a period of seven years from the date on which
the examination occurred.
SEC. 41. Section 4986.47 of the Business and Professions Code is
amended to read:
4986.47. A licensee or registrant shall give
written notice to the board of a name change within 30 days after
each change, providing both the old and new names. A copy of the
legal document affecting the name change, such as a court order or
marriage certificate, shall be submitted with the notice.
SEC. 42. Section 4992.1 of the Business and Professions Code is
amended to read:
4992.1. (a) Only individuals who have the qualifications
prescribed by the board under this chapter are eligible to take the
examination.
Every applicant who is issued a clinical social worker license
shall be examined by the board.
(b) Notwithstanding any other provision of law, the board may
destroy all written and oral examination materials two years
following the date of the examination.
(c) A passing score achieved on the examination shall be valid and
accepted by the board for the purpose of qualifying for licensure
under this chapter for a period of seven years from the date on which
the examination occurred.
SEC. 43. Section 4992.3 of the Business and Professions Code is
amended to read:
4992.3. The board may refuse to issue a registration or a
license, or may suspend or revoke the license or registration of any
registrant or licensee if the applicant, licensee, or registrant has
been guilty of unprofessional conduct. Unprofessional conduct
includes, but is not limited to:
(a) The conviction of a crime substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The board
may inquire into the circumstances surrounding the commission of the
crime in order to fix the degree of discipline or to determine if the
conviction is substantially related to the qualifications,
functions, or duties of a licensee or registrant under this chapter.
A plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter is a conviction within the meaning of this
section. The board may order any license or registration suspended
or revoked, or may decline to issue a license or registration when
the time for appeal has elapsed, or the judgment of conviction has
been affirmed on appeal, or, when an order granting probation is made
suspending the imposition of sentence, irrespective of a subsequent
order under Section 1203.4 of the Penal Code allowing the person to
withdraw a plea of guilty and enter a plea of not guilty, or setting
aside the verdict of guilty, or dismissing the accusation,
information, or indictment.
(b) Securing a license or registration by fraud, deceit, or
misrepresentation on any application for licensure or registration
submitted to the board, whether engaged in by an applicant for a
license or registration, or by a licensee in support of any
application for licensure or registration.
(c) Administering to himself or herself any controlled substance
or using of any of the dangerous drugs specified in Section
4211 4022 , or of any alcoholic beverage to the
extent, or in a manner, as to be dangerous or injurious to the person
applying for a registration or license or holding a registration or
license under this chapter, or to any other person, or to the public,
or, to the extent that the use impairs the ability of the person
applying for or holding a registration or license to conduct with
safety to the public the practice authorized by the registration or
license, or the conviction of more than one misdemeanor or any felony
involving the use, consumption, or self-administration of any of the
substances referred to in this subdivision, or any combination
thereof. The board shall deny an application for a registration or
license or revoke the license or registration of any person who uses
or offers to use drugs in the course of performing clinical social
work. This provision does not apply to any person also licensed as a
physician and surgeon under Chapter 5 (commencing with Section 2000)
or the Osteopathic Act who lawfully prescribes drugs to a patient
under his or her care.
(d) Gross negligence or incompetence in the performance of
clinical social work.
(e) Violating, attempting to violate, or conspiring to violate
this chapter or any regulation adopted by the board.
(f) Misrepresentation as to the type or status of a license or
registration held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
For purposes of this subdivision, this misrepresentation includes,
but is not limited to, misrepresentation of the person's
qualifications as an adoption service provider pursuant to Section
8502 of the Family Code.
(g) Impersonation of another by any licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee, allowing any other person to use his or her license or
registration.
(h) Aiding or abetting any unlicensed or unregistered person to
engage in conduct for which a license or registration is required
under this chapter.
(i) Intentionally or recklessly causing physical or emotional harm
to any client.
(j) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
(k) Engaging in sexual relations with a client or with a
former client within two years from the termination date of therapy
with the client , soliciting sexual relations with a client, or
committing an act of sexual abuse, or sexual misconduct with a
client, or committing an act punishable as a sexually related crime,
if that act or solicitation is substantially related to the
qualifications, functions, or duties of a clinical social worker.
(l) Performing, or holding one's self out as being able to
perform, or offering to perform or permitting, any registered
associate clinical social worker or intern under supervision to
perform any professional services beyond the scope of the license
authorized by this chapter.
(m) Failure to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client which is obtained from tests or
other means.
(n) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
(o) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional counseling
services actually provided by the licensee. Nothing in this
subdivision shall prevent collaboration among two or more licensees
in a case or cases. However, no fee shall be charged for that
collaboration, except when disclosure of the fee has been made in
compliance with subdivision (n).
(p) Advertising in a manner which is false, misleading, or
deceptive.
(q) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device.
(r) Any conduct in the supervision of any registered associate
clinical social worker or intern by any licensee that violates this
chapter or any rules or regulations adopted by the board.
(s) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
SEC. 44. Section 4992.6 of the Business and Professions Code is
repealed.
4992.6. No blind person shall be denied admission to any school
of social work, training, or admission to any examination, or denied
a license as a licensed clinical social worker, on the ground that he
or she is blind.
SEC. 45. Section 4996.2 of the Business and Professions Code is
amended to read:
4996.2. Each applicant shall furnish evidence satisfactory to the
board that he or she complies with all of the following
requirements:
(a) Is at least 21 years of age.
(b) Has received a master's degree from an accredited school of
social work.
(c) Has had two years of supervised post-masters degree
experience, as specified in Section 4996.20 , 4996.21, or
4996.23 .
(d) Has not committed any crimes or acts constituting grounds for
denial of licensure under Section 480. The board shall not issue a
registration or license to any person who has been convicted of any
crime in this or another state or in a territory of the
United States that involves sexual abuse of children or who
has been ordered to register as a mentally disordered sex offender
is required to register pursuant to Section 290 of the
Penal Code or the equivalent in another state or territory.
(e) Has completed adequate instruction and training in the subject
of alcoholism and other chemical substance dependency. This
requirement applies only to applicants who matriculate on or after
January 1, 1986.
(f) Has completed instruction and training in spousal or partner
abuse assessment, detection, and intervention. Coursework required
under this subdivision may be satisfactory if taken either in
fulfillment of other educational requirements for licensure or in a
separate course. This requirement applies only to applicants who
begin graduate training on or after January 1, 1995. This
requirement for coursework in spousal or partner abuse detection and
treatment shall be satisfied by, and the board shall accept in
satisfaction of the requirement, a certification from the chief
academic officer of the educational institution from which the
applicant graduated that the required coursework is included within
the institution's required curriculum for graduation.
(g) Has completed a minimum of 10 contact hours of training or
coursework in human sexuality as specified in Section 1807 of Title
16 of the California Code of Regulations. This training or
coursework may be satisfactory if taken either in fulfillment of
other educational requirements for licensure or in a separate course.
(h) Has completed a minimum of seven contact hours of training or
coursework in child abuse assessment and reporting as specified in
Section 1807.2 of Title 16 of the California Code of Regulations.
This training or coursework may be satisfactory if taken either in
fulfillment of other educational requirements for licensure or in a
separate course.
SEC. 46. Section 4996.18 of the Business and Professions Code is
amended to read:
4996.18. (a) Any person who wishes to be credited with experience
toward licensure requirements shall register with the board as an
associate clinical social worker prior to obtaining that experience.
The application shall be made on a form prescribed by the board and
shall be accompanied by a fee of ninety dollars ($90). An applicant
for registration shall (1) possess a master's degree from an
accredited school or department of social work, and (2) not have
committed any crimes or acts constituting grounds for denial of
licensure under Section 480. On and after January 1, 1993, an
applicant who possesses a master's degree from a school or department
of social work that is a candidate for accreditation by the
Commission on Accreditation of the Council on Social Work Education
shall be eligible, and shall be required, to register as an associate
clinical social worker in order to gain experience toward licensure
if the applicant has not committed any crimes or acts that constitute
grounds for denial of licensure under Section 480. That applicant
shall not, however, be eligible for examination until the school or
department of social work has received accreditation by the
Commission on Accreditation of the Council on Social Work Education.
(b) Registration as an associate clinical social worker shall
expire one year from the last day of the month during which it was
issued. A registration may be renewed annually after initial
registration on or before the date on which the registration
expires, by filing an application for renewal and
, paying a renewal fee of seventy-five dollars
($75) on or before the date on which the registration
expires , and notifying the board of any conviction,
as defined in Section 490, of a misdemeanor or felony offense, and
any disciplinary action by a regulatory or licensing board in this or
another state that occurred after the date of the prior registration
renewal . Each person who registers or has registered as an
associate clinical social worker, may retain that status for a total
of six years.
(c) Notwithstanding the limitations on the length of an associate
registration in subdivision (b), an associate may apply for, and the
board shall grant, one-year extensions beyond the six-year period
when no grounds exist for denial, suspension, or revocation of the
registration pursuant to Section 480. An associate shall be eligible
to receive a maximum of three one-year extensions. An associate who
practices pursuant to an extension shall not practice independently
and shall comply with all requirements of this chapter governing
experience, including supervision, even if the associate has
completed the hours of experience required for licensure. Each
extension shall commence on the date when the last associate renewal
or extension expires. An application for extension shall be made on
a form prescribed by the board and shall be
accompanied by a renewal fee of fifty dollars
($50). An associate who is granted this extension may work in all
work settings authorized pursuant to this chapter.
(d) Experience gained before January 1, 1990, shall be
credited toward the licensure requirements so long as the applicant
applies for registration not later than December 31, 1989, and that
registration is thereafter granted by the board.
(e) A registrant shall not provide clinical social work
services to the public for a fee, monetary or otherwise, except as an
employee of the licensed person by whom the registrant is
being supervised.
(f) .
(e) A registrant shall inform each client or patient prior
to performing any professional services that he or she is unlicensed
and is under the supervision of a licensed professional.
(g)
(f) Any experience obtained under the supervision of a
spouse or relative by blood or marriage shall not be credited toward
the required hours of supervised experience. Any experience obtained
under the supervision of a supervisor with whom the applicant has a
personal relationship that undermines the authority or effectiveness
of the supervision shall not be credited toward the required hours of
supervised experience.
(h)
(g) An applicant who possesses a master's degree from an
approved school or department of social work shall be able to apply
experience the applicant obtained during the time the approved school
or department was in candidacy status by the Commission on
Accreditation of the Council on Social Work Education toward the
licensure requirements, if the experience meets the requirements of
Section 4996.20 or 4996.21. This subdivision shall apply
retroactively to persons who possess a master's degree from an
approved school or department of social work and who obtained
experience during the time the approved school or department was in
candidacy status by the Commission on Accreditation of the Council on
Social Work Education.
(i) The board shall report to the Legislature on or before October
1, 1999, concerning its efforts to identify educational issues that
relate to licensure.
SEC. 47. Section 4996.21 of the Business and Professions Code is
amended to read:
4996.21. The experience required by subdivision (c) of Section
4996.2 shall meet the following criteria:
(a) On or after January 1, 1999, a registrant shall have at least
3,200 hours of post-master's experience, supervised by a licensed
clinical social worker, in providing clinical social work services as
permitted by Section 4996.9. Experience shall consist of the
following:
(1) A minimum of 2,000 hours in psychosocial diagnosis,
assessment, and treatment, including psychotherapy and counseling.
(2) A maximum of 1,200 hours in client-centered advocacy,
consultation, evaluation, and research.
(3) Experience shall have been gained in not less than two nor
more than six years and shall have been gained within the six years
immediately preceding the date on which the application for licensure
was filed.
(b) Notwithstanding the requirements of subdivision (a), up to
1,000 hours of the required experience may be gained under the
supervision of a licensed mental health professional acceptable to
the board.
(1) Supervision means responsibility for and control of the
quality of clinical social work services being provided.
(2) Consultation shall not be considered to be supervision.
(3) Supervision shall include at least one hour of direct
supervisor contact for each week of experience claimed and shall
include at least one hour of direct supervisor contact for every 10
hours of client contact in each setting where experience is gained.
Not less than one-half of the hours of required supervision shall be
individual supervision. The remaining hours may be group
supervision. For purposes of this section, "one hour of direct
supervisor contact" means one hour of face-to-face contact on an
individual basis or two hours of face-to-face contact in a group
setting of not more than eight persons.
(4) The supervisor and the supervisee shall develop a supervisory
plan that describes the goals and objectives of supervision. These
goals shall include the ongoing assessment of strengths and
limitations and the assurance of practice in accordance with the laws
and regulations. The associate shall submit to the board the
initial supervisory plan within 30 days of commencement of
supervision. The supervisor shall submit to the board
within 30 days of termination of supervision evidence of
satisfactorily completed supervised experience by the supervisee.
(c) A "private practice setting" is any setting other than a
governmental entity, a school, college, or university, a nonprofit
and charitable corporation, a licensed health facility, as defined in
Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code, a
social rehabilitation facility or a community treatment facility, as
defined in subdivision (a) of Section 1502 of the Health and Safety
Code, a pediatric day health and respite care facility, as defined in
Section 1760.2 of the Health and Safety Code, or a licensed
alcoholism or drug abuse recovery or treatment facility, as defined
in Section 11834.02 of the Health and Safety Code.
(1) In a setting that is not a private practice, a registrant
shall be employed on either a voluntary or paid basis.
(2) If volunteering, the registrant shall provide the board with a
letter from his or her employer verifying his or her voluntary
status upon application for licensure.
(3) If employed, the registrant shall provide the board with
copies of his or her W-2 tax forms for each year of experience
claimed upon application for licensure.
(d) Employment in a private practice setting shall not commence
until the applicant has been registered as an associate clinical
social worker. A registrant employed in a private practice setting
shall not do any of the following:
(1) Pay his or her employer or supervisor for supervision, and
shall receive fair remuneration from his or her employer.
(2) Receive any remuneration from patients or clients and shall
only be paid by his or her employer.
(3) Perform services at any place except where the registrant's
employer regularly conducts business.
(4) Have any proprietary interest in the employer's business.
(e) A person employed in a setting other than a private practice
setting may obtain supervision from a person not employed by the
registrant's employer if that person has signed a written agreement
with the employer to take supervisory responsibility for the
registrant's social work services.
SEC. 48. Section 4996.23 is added to the Business and Professions
Code, to read:
4996.23. The experience required by subdivision (c) of Section
4996.2 shall meet the following criteria:
(a) All persons registered with the board on and after January 1,
2002, shall have at least 3,200 hours of postmaster's supervised
experience providing clinical social work services as permitted by
Section 4996.9. This experience shall consist of the following:
(1) A minimum of 2,000 hours in clinical psychosocial diagnosis,
assessment, and treatment, including psychotherapy and counseling. A
minimum of 750 hours of experience shall consist of face-to-face
individual or group psychotherapy provided to clients in the context
of clinical social work services.
(2) A maximum of 1,200 hours in client-centered advocacy,
consultation, evaluation, and research.
(b) A minimum of two years of the experience required by this
section shall be acquired within the six years immediately preceding
the date on which the application for licensure was filed.
(c) Two thousand two hundred of the 3,200 hours of supervised
experience required by this section shall be acquired under the
supervision of a licensed clinical social worker. The remaining
1,000 hours of the required supervised experience may be acquired
under the supervision of a licensed mental health professional who is
acceptable to the board.
(d) Experience shall not be credited for more than 40 hours in any
week.
(e) (1) Supervision means responsibility for and control of the
quality of clinical social work services being provided.
Consultation shall not be considered to be supervision.
(2) In order to qualify as experience under supervision for the
purposes of this section, a supervisor shall, prior to commencing the
supervision, comply with all requirements in Section 1870 of Title
16 of the California Code of Regulations and sign under penalty of
perjury the "Responsibility Statement for Supervisors of an Associate
Clinical Social Worker" form.
(3) Supervised experience shall include at least one hour of
direct supervisor contact for each week of experience claimed by the
registrant. A registrant shall receive an average of at least one
hour of direct supervisor contact for every 10 hours of face-to-face
psychotherapy the registrant performs in each setting in which
experience is acquired. No more than five hours of supervision,
whether individual or group, shall be credited during any single
week. Of the 3,200 hours of supervised experience required in this
section, 1,600 hours shall consist of individual supervision, and the
remaining hours may consist of group supervision. For purposes of
this section "one hour of direct supervisor contact" means one hour
of face-to-face contact on an individual basis or two hours of
face-to-face contact in a group of not more than eight persons
receiving supervision.
(4) The supervisor and the registrant shall develop a supervisory
plan that describes the goals and objectives of supervision. These
goals shall include the ongoing assessment of the registrant's
strengths and limitations and the assurance of practice in accordance
with laws and regulations governing the practice of social work.
The registrant shall submit to the board the initial supervisory plan
within 30 days of the commencement of supervision.
(f) Acceptable settings for gaining experience required by this
section are private practice; a governmental entity; a school; a
college; a university; a nonprofit and charitable corporation; a
licensed health facility, as defined in Sections 1250, 1250.2, and
1250.3 of the Health and Safety Code; a social rehabilitation
facility or a community treatment facility, as defined in subdivision
(a) of Section 1502 of the Health and Safety Code; a pediatric day
health and respite care facility, as defined in Section 1760.2 of the
Health and Safety Code; or a licensed alcoholism or drug abuse
recovery or treatment facility, as defined in Section 11834.02 of the
Health and Safety Code.
(1) If the setting is not a private practice, a registrant shall
be employed on either a voluntary or paid basis.
(2) If volunteering, the registrant shall upon application for
licensure, provide the board with a letter from the person or entity
where he or she is volunteering, verifying this voluntary status.
(3) If employed, the registrant shall upon application for
licensure, provide the board with copies of his or her W-2 tax forms
for each year of experience claimed.
(g) (1) Employment in a private practice setting shall not
commence until the applicant has been registered as an associate
clinical social worker. A registrant employed in a private practice
setting shall receive fair remuneration from his or her employer and
shall not engage in any of the following actions:
(A) Pay his or her employer or supervisor for supervision.
(B) Receive any remuneration from patients or clients.
(C) Perform services at any place other than the location at which
his or her employer and supervisor regularly conduct business.
(D) Have any proprietary interest in the employer's business.
(2) A registrant employed in a setting other than private practice
may obtain supervision from a person who is not employed by the
registrant's employer if that person has signed a written agreement
with the employer to assume supervisory responsibility for the
registrant's social work services.
SEC. 49. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.