BILL NUMBER: SB 1244 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2002
PASSED THE ASSEMBLY AUGUST 27, 2002
AMENDED IN ASSEMBLY AUGUST 23, 2002
AMENDED IN ASSEMBLY JULY 2, 2002
AMENDED IN ASSEMBLY JUNE 17, 2002
AMENDED IN SENATE APRIL 17, 2002
INTRODUCED BY Senator Figueroa
JANUARY 7, 2002
An act to amend Sections 5094, 8022, 8028, and 8028.2 of, to add
Sections 153.5, 2570.26, 2570.27, 2570.28, 2570.29, 2570.30, 2570.31,
and 2570.32 to, to amend and repeal Sections 805.2 and 8020 of, and
to repeal Section 2570.17 of, the Business and Professions Code,
relating to professions and vocations, making an appropriation
therefor, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1244, Figueroa. Professions and vocations.
(1) Existing law provides for the licensing and regulation of
various professions and vocations by specified boards within the
Department of Consumer Affairs. Existing law authorizes a board to
designate an executive officer.
This bill would authorize the Director of Consumer Affairs to
appoint an interim executive officer if a new board replaces an
existing or previous board. The bill would provide that the interim
executive officer would serve temporarily until the new board
appoints a permanent executive officer.
(2) Existing law provides for the professional review of specified
healing arts licentiates through a peer review process. Existing
law provides for a peer review study by the Medical Board of
California which is required to contract with the Institute for
Medical Quality for the study. The institute is required to submit a
written report of its findings and recommendations to the Medical
Board of California and to the Legislature by November 1, 2002.
Existing law provides for disciplinary actions by the boards and
commissions within the Department of Consumer Affairs. Existing law
authorizes the imposition of a requirement that a licentiate found in
violation of the licensing law pay the costs of investigation and
enforcement, and provides that payment be deposited into the
appropriate fund.
This bill would extend the deadline for the written report to the
Legislature to November 1, 2003. The bill would also authorize the
board to expend, for purposes of the peer review study, the first
$300,000 deposited into the Contingent Medical Board Fund in the
2002-03 fiscal year that are derived from licentiates' paying the
costs of investigation and enforcement of the licensing laws.
Because the bill would authorize the expenditure of money in the
Contingent Medical Board Fund for a new purpose, the bill would make
an appropriation.
(3) Existing law provides for the licensure of occupational
therapists and the certification of occupational therapy assistants
by the California Board of Occupational Therapy. The board is
authorized, after a hearing meeting certain requirements, to deny a
license or certificate to an applicant for licensure or to suspend or
revoke the license or certificate of, or place on probation,
reprimand, censure, or otherwise discipline, a licensee or certified
person.
This bill would delete the provisions authorizing censure or other
discipline of a licensee or certified person by the board. The bill
would instead specify disciplinary methods and application, define
unprofessional conduct, and authorize a holder of a license to
petition the board for reinstatement or for modification of a
penalty.
(4) Existing law establishes the California Board of Accountancy
in the Department of Consumer Affairs for the purpose of licensing
and regulating public accountants.
Existing law sets forth certain education requirements for license
applicants, and requires that the education meet certain criteria,
including that it be from a university, college, or other institution
of learning accredited by a regional institutional agency meeting
specified requirements.
This bill would require that the university, college, or
institution be degree granting, and would allow it to be accredited
by either a regional or national accredited agency meeting specified
requirements.
(5) Existing law provides for the certification and regulation of
shorthand reporters and for the regulation of shorthand reporting
corporations by the Court Reporters Board. Under existing law,
shorthand reporting corporations are professional corporations,
governed generally under the Moscone-Knox Professional Corporations
Act, that render professional services through certified shorthand
reporters. Existing law authorizes the board between January 1,
2001, and July 1, 2002, to examine, evaluate, and investigate
complaints against shorthand reporting entities, as defined, for the
purpose of determining the necessity to register these entities and
requires the board to report its findings in this regard to the
Legislature on or before July 1, 2002.
This bill would extend the board's authorization to examine,
investigate, and evaluate complaints to January 1, 2004. The bill
would specify that partnerships, unincorporated associations, and
limited liability companies are entities for the purpose of
qualifying as shorthand reporting entities. The bill would extend
the board's reporting deadline to January 1, 2004.
Existing law requires an applicant for a certificate as a
shorthand reporter to file an application at least 45 days before the
date set for the licensing examination.
This bill would delete the 45-day deadline and instead authorize
the board to set the deadline by regulation.
Under existing law, an applicant for a shorthand reporter
certificate is required to satisfy certain requirements within the
5-year period immediately preceding the date of his or her
application. Existing law, effective January 1, 2004, changes the
time period to require that the applicant satisfy these requirements
within the 3-year period immediately preceding the date of his or her
application
This bill would remove the time limit for fulfilling the
requirements.
(6) This bill would declare that it is to take effect immediately
as an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 153.5 is added to the Business and Professions
Code, to read:
153.5. In the event that a newly authorized board replaces an
existing or a previous board, the director may appoint an interim
executive officer for the board who shall serve temporarily until the
new board appoints a permanent executive officer.
SEC. 2. Section 805.2 of the Business and Professions Code, as
added by Section 2 of Chapter 615 of the Statutes of 2001, is amended
to read:
805.2. (a) It is the intent of the Legislature to provide for a
comprehensive study of the peer review process as it is conducted by
peer review bodies defined in paragraph (1) of subdivision (a) of
Section 805, in order to evaluate the continuing validity of Section
805 and Sections 809 to 809.8, inclusive, and their relevance to the
conduct of peer review in California. The Medical Board of
California shall contract with the Institute for Medical Quality to
conduct this study, which shall include, but not be limited to, the
following components:
(1) A comprehensive description of the various steps of and
decisionmakers in the peer review process as it is conducted by peer
review bodies throughout the state, including the role of other
related committees of acute care health facilities and clinics
involved in the peer review process.
(2) A survey of peer review cases to determine the incidence of
peer review by peer review bodies, and whether they are complying
with the reporting requirement in Section 805.
(3) A description and evaluation of the roles and performance of
various state agencies, including the State Department of Health
Services and occupational licensing agencies that regulate healing
arts professionals, in receiving, reviewing, investigating, and
disclosing peer review actions, and in sanctioning peer review bodies
for failure to comply with Section 805.
(4) An assessment of the cost of peer review to licentiates and
the facilities which employ them.
(5) An assessment of the time consumed by the average peer review
proceeding, including the hearing provided pursuant to Section 809.2,
and a description of any difficulties encountered by either
licentiates or facilities in assembling peer review bodies or panels
to participate in peer review decisionmaking.
(6) An assessment of the need to amend Section 805 and Sections
809 to 809.8, inclusive, to ensure that they continue to be relevant
to the actual conduct of peer review as described in paragraph (1),
and to evaluate whether the current reporting requirement is yielding
timely and accurate information to aid licensing boards in their
responsibility to regulate and discipline healing arts practitioners
when necessary, and to assure that peer review bodies function in the
best interest of patient care.
(7) Recommendations of additional mechanisms to stimulate the
appropriate reporting of peer review actions under Section 805.
(8) Recommendations regarding the Section 809 hearing process to
improve its overall effectiveness and efficiency.
(b) The Institute of Medical Quality shall exercise no authority
over the peer review processes of peer review bodies. However, peer
review bodies, health care facilities, health care clinics, and
health care service plans shall cooperate with the institute and
provide data, information, and case files as requested in the
timeframes specified by the institute.
(c) The institute shall work in cooperation with and under the
general oversight of the Medical Director of the Medical Board of
California and shall submit a written report with its findings and
recommendations to the board and the Legislature no later than
November 1, 2003.
(d) For the purpose of carrying out this section, the board is
authorized to expend the first three hundred thousand dollars
($300,000) that is deposited in the Contingent Fund of the Medical
Board of California in the 2002-03 fiscal year pursuant to Section
125.3.
SEC. 3. Section 805.2 of the Business and Professions Code, as
added by Section 4 of Chapter 614 of the Statutes of 2001, is
repealed.
SEC. 4. Section 2570.17 of the Business and Professions Code is
repealed.
SEC. 5. Section 2570.26 is added to the Business and Professions
Code, to read:
2570.26. (a) The board may, after a hearing, deny, suspend,
revoke, or place on probation a license, certificate, inactive
license, inactive certificate, or limited permit.
(b) As used in this chapter, "license" includes a license,
certificate, limited permit, or any other authorization to engage in
practice regulated by this chapter.
(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 shall
have all the powers granted therein.
SEC. 6. Section 2570.27 is added to the Business and Professions
Code, to read:
2570.27. (a) The board may discipline a licensee by any or a
combination of the following methods:
(1) Placing the license on probation with terms and conditions.
(2) Suspending the license and the right to practice occupational
therapy for a period not to exceed one year.
(3) Revoking the license.
(4) Suspending or staying the disciplinary order, or portions of
it, with or without conditions.
(5) Taking other action as the board, in its discretion, deems
proper.
(b) The board may issue an initial license on probation, with
specific terms and conditions, to any applicant who has violated any
provision of this chapter or the regulations adopted pursuant to it,
but who has met all other requirements for licensure.
SEC. 7. Section 2570.28 is added to the Business and Professions
Code, to read:
2570.28. The board may deny or discipline a licensee for any of
the following:
(a) Unprofessional conduct, including, but not limited to, the
following:
(1) Incompetence or gross negligence in carrying out usual
occupational therapy functions.
(2) Repeated similar negligent acts in carrying out usual
occupational therapy functions.
(3) A conviction of practicing medicine without a license in
violation of Chapter 5 (commencing with Section 2000), in which event
a certified copy of the record of conviction shall be conclusive
evidence thereof.
(4) The use of advertising relating to occupational therapy which
violates Section 17500.
(5) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action against a licensee by another state or
territory of the United States, by any other government agency, or by
another California health care professional licensing board. A
certified copy of the decision, order, or judgment shall be
conclusive evidence thereof.
(b) Procuring a license by fraud, misrepresentation, or mistake.
(c) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision or term of this chapter or any regulation adopted
pursuant to this chapter.
(d) Making or giving any false statement or information in
connection with the application for issuance or renewal of a license.
(e) Conviction of a crime or of any offense substantially related
to the qualifications, functions, or duties of a licensee, in which
event the record of the conviction shall be conclusive evidence
thereof.
(f) Impersonating an applicant or acting as proxy for an applicant
in any examination required under this chapter for the issuance of a
license.
(g) Impersonating a licensed practitioner, or permitting or
allowing another unlicensed person to use a license.
(h) Committing any fraudulent, dishonest, or corrupt act that is
substantially related to the qualifications, functions, or duties of
a licensee.
(i) Committing any act punishable as a sexually related crime, if
that act is substantially related to the qualifications, functions,
or duties of a licensee, in which event a certified copy of the
record of conviction shall be conclusive evidence thereof.
(j) Using excessive force upon or mistreating or abusing any
patient. For the purposes of this subdivision, "excessive force"
means force clearly in excess of that which would normally be applied
in similar clinical circumstances.
(k) Falsifying or making grossly incorrect, grossly inconsistent,
or unintelligible entries in a patient or hospital record or any
other record.
(l) Changing the prescription of a physician and surgeon or
falsifying verbal or written orders for treatment or a diagnostic
regime received, whether or not that action resulted in actual
patient harm.
(m) Failing to maintain confidentiality of patient medical
information, except as disclosure is otherwise permitted or required
by law.
(n) Delegating to an unlicensed employee or person a service that
requires the knowledge, skills, abilities, or judgement of a
licensee.
(o) Committing any act that would be grounds for denial of a
license under Section 480.
(p) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the board,
thereby risking transmission of blood-borne infectious diseases from
licensee to patient, from patient to patient, or from patient to
licensee.
(1) In administering this subdivision, the board shall consider
referencing the standards, regulations, and guidelines of the State
Department of Health Services developed pursuant to Section 1250.11
of the Health and Safety Code and the standards, guidelines, and
regulations pursuant to the California Occupational Safety and Health
Act of 1973 (Part 1 (commencing with Section 63001) of Division 5 of
the Labor Code) for preventing the transmission of HIV, hepatitis B,
and other blood-borne pathogens in health care settings. As
necessary to encourage appropriate consistency in the implementation
of this subdivision, the board shall consult with the Medical Board
of California, the Board of Podiatric Medicine, the Dental Board of
California, the Board of Registered Nursing, and the Board of
Vocational Nursing and Psychiatric Technicians.
(2) The board shall seek to ensure that licensees are informed of
their responsibility to minimize the risk of transmission of
blood-borne infectious diseases from health care provider to patient,
from patient to patient, and from patient to health care provider,
and are informed of the most recent scientifically recognized
safeguards for minimizing the risks of transmission.
SEC. 8. Section 2570.29 is added to the Business and Professions
Code, to read:
2570.29. In addition to other acts constituting unprofessional
conduct within the meaning of this chapter, it is unprofessional
conduct for a person licensed under this chapter to do any of the
following:
(a) Obtain or possess in violation of law, or prescribe, or,
except as directed by a licensed physician and surgeon, dentist,
optometrist, or podiatrist, to administer to himself or herself, or
furnish or administer to another, any controlled substance as defined
in Division 10 (commencing with Section 11000) of the Health and
Safety Code or any dangerous drug or dangerous device as defined in
Section 4022.
(b) Use to an extent or in a manner dangerous or injurious to
himself or herself, to any other person, or to the public, or that
impairs his or her ability to conduct with safety to the public the
practice authorized by his or her license, of any of the following:
(1) A controlled substance as defined in Division 10 (commencing
with Section 11000) of the Health and Safety Code.
(2) A dangerous drug or dangerous device as defined in Section
4022.
(3) Alcoholic beverages.
(c) Be convicted of a criminal offense involving the prescription,
consumption, or self-administration of any of the substances
described in subdivisions (a) and (b) of this section, or the
possession of, or falsification of a record pertaining to, the
substances described in subdivision (a) of this section, in which
event the record of the conviction is conclusive evidence thereof.
(d) Be committed or confined by a court of competent jurisdiction
for intemperate use of any of the substances described in
subdivisions (a) and (b) of this section, in which event the court
order of commitment or confinement is prima facie evidence of the
commitment or confinement.
(e) Falsify, or make grossly incorrect, grossly inconsistent, or
unintelligible entries in any hospital or patient record, or any
other record, pertaining to the substances described in subdivision
(a) of this section.
SEC. 9. Section 2570.30 is added to the Business and Professions
Code, to read:
2570.30. The board shall retain jurisdiction to proceed with any
investigation, action or disciplinary proceeding against a license,
or to render a decision suspending or revoking a license, regardless
of the expiration, lapse, or suspension of the license by operation
of law, by order or decision of the board or a court of law, or by
the voluntary surrender of a license by the licensee.
SEC. 10. Section 2570.31 is added to the Business and Professions
Code, to read:
2570.31. If a license is suspended, the holder may not practice
occupational therapy during the term of suspension. Upon the
expiration of the term of suspension, the license shall be reinstated
and the holder entitled to resume practice under any remaining terms
of the discipline, unless it is established to the satisfaction of
the board that the holder of the license practiced in this state
during the term of suspension. In this event, the board may, after a
hearing on this issue alone, revoke the license.
SEC. 11. Section 2570.32 is added to the Business and Professions
Code, to read:
2570.32. (a) A holder of a license that has been revoked,
suspended, or placed on probation, may petition the board for
reinstatement or modification of a penalty, including reduction or
termination of probation, after a period not less than the applicable
following minimum period has elapsed from either the effective date
of the decision ordering that disciplinary action, or, if the order
of the board or any portion of it was stayed, from the date the
disciplinary action was actually implemented in its entirety. The
minimum periods that shall elapse prior to a petition are as follows:
(1) For a license that was revoked for any reason other than
mental or physical illness, at least three years.
(2) For early termination of probation scheduled for three or more
years, at least two years.
(3) For modification of a penalty, reinstatement of a license
revoked for mental or physical illness, or termination of probation
scheduled for less than three years, at least one year.
(4) The board may, in its discretion, specify in its disciplinary
order a lesser period of time, provided that the period shall not be
less than one year.
(b) The petition submitted shall contain any information required
by the board, which may include a current set of fingerprints
accompanied by the fingerprinting fee.
(c) 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.
(d) The board itself shall hear the petition and the
administrative law judge shall prepare a written decision setting
forth the reasons supporting the decision.
(e) 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.
(f) The board may refuse to consider a petition 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.
(g) No petition shall be considered while there is an accusation
or petition to revoke probation pending against the petitioner.
SEC. 12. Section 5094 of the Business and Professions Code, as
added by Section 19 of Chapter 704 of the Statutes of 2001, is
amended to read:
5094. (a) In order for education to be qualifying, education
shall meet the standards described in subdivision (b) or (c) of this
section.
(b) At a minimum, education must be from a degree-granting
university, college, or other institution of learning accredited by a
regional or national accrediting agency included in a list of these
agencies published by the United States Secretary of Education under
the requirements of the Higher Education Act of 1965 as amended (20
U.S.C. Sec. 1001, et seq.).
(c) Education from a college, university, or other institution of
learning located outside the United States may be qualifying provided
it is deemed by the board to be equivalent to education obtained
under subdivision (b). The board may require an applicant to submit
documentation of his or her education to a credential evaluation
service approved by the board for evaluation and to cause the results
of this evaluation to be reported to the board in order to assess
educational equivalency.
(d) The board shall adopt regulations specifying the criteria and
procedures for approval of credential evaluation services. These
regulations shall, at a minimum, require that the credential
evaluation service (1) furnish evaluations directly to the board, (2)
furnish evaluations written in English, (3) be a member of the
American Association of Collegiate Registrars and Admission Officers,
the National Association of Foreign Student Affairs, or the National
Association of Credential Evaluation Services, (4) be used by
accredited colleges and universities, (5) be reevaluated by the board
every five years, (6) maintain a complete set of reference materials
as specified by the board, (7) base evaluations only upon authentic,
original transcripts and degrees and have a written procedure for
identifying fraudulent transcripts, (8) include in the evaluation
report, for each degree held by the applicant, the equivalent degree
offered in the United States, the date the degree was granted, the
institution granting the degree, an English translation of the course
titles, and the semester unit equivalence for each of the courses,
(9) have an appeal procedure for applicants, and (10) furnish the
board with information concerning the credential evaluation service
that includes biographical information on evaluators and translators,
three letters of references from public or private agencies,
statistical information on the number of applications processed
annually for the past five years, and any additional information the
board may require in order to ascertain that the credential
evaluation service meets the standards set forth in this subdivision
and in any regulations adopted by the board.
SEC. 13. Section 5094 of the Business and Professions Code, as
added by Section 22 of Chapter 718 of the Statutes of 2001, is
amended to read:
5094. (a) In order for education to be qualifying, it shall meet
the standards described in subdivision (b) or (c) of this section.
(b) At a minimum, education must be from a degree-granting
university, college, or other institution of learning accredited by a
regional or national accrediting agency included in a list of these
agencies published by the United States Secretary of Education under
the requirements of the Higher Education Act of 1965 as amended (20
U.S.C. Sec. 1001 , et seq.).
(c) Education from a college, university, or other institution of
learning located outside the United States may be qualifying provided
it is deemed by the board to be equivalent to education obtained
under subdivision (b). The board may require an applicant to submit
documentation of his or her education to a credential evaluation
service approved by the board for evaluation and to cause the results
of this evaluation to be reported to the board in order to assess
educational equivalency.
(d) The board shall adopt regulations specifying the criteria and
procedures for approval of credential evaluation services. These
regulations shall, at a minimum, require that the credential
evaluation service (1) furnish evaluations directly to the board, (2)
furnish evaluations written in English, (3) be a member of the
American Association of Collegiate Registrars and Admission Officers,
the National Association of Foreign Student Affairs, or the National
Association of Credential Evaluation Services, (4) be used by
accredited colleges and universities, (5) be reevaluated by the board
every five years, (6) maintain a complete set of reference materials
as specified by the board, (7) base evaluations only upon authentic,
original transcripts and degrees and have a written procedure for
identifying fraudulent transcripts, (8) include in the evaluation
report, for each degree held by the applicant, the equivalent degree
offered in the United States, the date the degree was granted, the
institution granting the degree, an English translation of the course
titles, and the semester unit equivalence for each of the courses,
(9) have an appeal procedure for applicants, and (10) furnish the
board with information concerning the credential evaluation service
that includes biographical information on evaluators and translators,
three letters of references from public or private agencies,
statistical information on the number of applications processed
annually for the past five years, and any additional information the
board may require in order to ascertain that the credential
evaluation service meets the standards set forth in this subdivision
and in any regulations adopted by the board.
SEC. 14. Section 8020 of the Business and Professions Code, as
added by Section 3 of Chapter 616 of the Statutes of 2001, is amended
to read:
8020. Any person over the age of 18 years, who has not committed
any acts or crimes constituting grounds for the denial of licensure
under Sections 480, 8025, and 8025.1, who has a high school education
or its equivalent as determined by the board, and who has
satisfactorily passed an examination under any regulations that the
board may prescribe, shall be entitled to a certificate and shall be
styled and known as a certified shorthand reporter. No person shall
be admitted to the examination without first presenting satisfactory
evidence to the board that the applicant has obtained one of the
following:
(a) One year of experience in making verbatim records of
depositions, arbitrations, hearings, or judicial or related
proceedings by means of written symbols or abbreviations in shorthand
or machine shorthand writing and transcribing these records.
(b) A verified certificate of satisfactory completion of a
prescribed course of study in a recognized court reporting school or
a certificate from the school that evidences an equivalent
proficiency and the ability to make a verbatim record of material
dictated in accordance with regulations adopted by the board
contained in Title 16 of the California Code of Regulations.
(c) A certificate from the National Court Reporters Association
demonstrating proficiency in machine shorthand reporting.
(d) A passing grade on the California state hearing reporters
examination.
(e) A valid certified shorthand reporters certificate or license
to practice shorthand reporting issued by a state other than
California whose requirements and licensing examination are
substantially the same as those in California.
SEC. 15. Section 8020 of the Business and Professions Code, as
added by Section 4 of Chapter 616 of the Statutes of the 2001, is
repealed.
SEC. 16. Section 8022 of the Business and Professions Code is
amended to read:
8022. (a) Each applicant for a certificate under this chapter
shall file an application with the executive officer, on a form as
prescribed by the board. The last date to file an application shall
be a set number of days as established by the board's regulations.
The application shall be accompanied by the required fee. For
purposes of determining the date upon which an application is deemed
filed with the executive officer, the date of postmark as affixed by
the United States Postal Service, or the date certified by a bona
fide private courier service on the envelope containing the
application shall control.
(b) Nothing in this section shall be construed to limit the board'
s authority to seek from any applicant any other information
pertinent to the background, education, and experience of the
applicant that may be deemed necessary in order to evaluate the
applicant's qualifications and fitness for licensure.
SEC. 17. Section 8028 of the Business and Professions Code is
amended to read:
8028. (a) For the purposes of determining the necessity for the
board to register shorthand reporting entities and subject those
entities to its discipline and oversight, the board shall, until
January 1, 2004, be authorized to examine, evaluate, and investigate
complaints against shorthand reporting entities. Nothing in this
subdivision shall be construed to grant the board any authority to
discipline or sanction shorthand reporting entities that is not
otherwise permitted by law.
(b) For purposes of this article, a "shorthand reporting entity"
is an entity or person, including partnerships, unincorporated
associations, and limited liability companies, that holds itself out
as a deposition agency, offers a booking or billing service for
certified shorthand reporters, or in any manner whatsoever acts as an
intermediary for a person, entity, or organization that employs,
hires, or engages the services of any person licensed as a certified
shorthand reporter. This article does not apply to any department or
agency of the state that employs hearing reporters.
(c) The board may examine, evaluate, and investigate complaints
pursuant to subdivision (a) beginning January 1, 2001, and continuing
until no later than January 1, 2004.
SEC. 18. Section 8028.2 of the Business and Professions Code is
amended to read:
8028.2. Based on the information gathered pursuant to Section
8028, the board shall, on or before January 1, 2004, submit a report
to the Legislature, including recommendations on the necessity for
the board to register
shorthand reporting entities, as defined in subdivision (b) of
Section 8028. If the report recommends the registration of shorthand
reporting entities, the report shall include:
(a) A description of the problem that establishing the new
registration requirement would address, including the specific
evidence of the necessity for the state to address the problem.
(b) The reasons this proposed registration requirement was
selected to address this problem, including the full range of
alternatives considered and the reason each of these other
alternatives was not selected.
(c) The specific public benefit or harm that would result from the
establishment of the proposed registration requirements, the
specific manner in which the registration requirements would achieve
this public benefit, and the specific standards of performance that
shall be used in reviewing the subsequent operation of the shorthand
reporting entities.
(d) The specific source or sources of revenue and funding the
board will utilize to regulate the newly registered entities in order
to achieve its mandate.
SEC. 19. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
To authorize the appointment of interim executive officers, to
create necessary funding for the peer review process study, to extend
reporting deadlines regarding the peer review process and regarding
complaints to the Court Reporters Board prior to the expiration of
those deadlines, to expand and define the California Board of
Occupational Therapy's ability to enforce the provisions of its
licensing law and alter its application requirements, and to change
education qualification requirements as soon as possible, it is
necessary that this act take effect immediately.