BILL NUMBER: AB 269 CHAPTERED 07/05/02 CHAPTER 107 FILED WITH SECRETARY OF STATE JULY 5, 2002 APPROVED BY GOVERNOR JULY 3, 2002 PASSED THE ASSEMBLY JUNE 20, 2002 PASSED THE SENATE JUNE 17, 2002 AMENDED IN SENATE MAY 30, 2002 AMENDED IN SENATE APRIL 4, 2002 AMENDED IN ASSEMBLY JANUARY 18, 2002 AMENDED IN ASSEMBLY JANUARY 10, 2002 AMENDED IN ASSEMBLY JANUARY 7, 2002 AMENDED IN ASSEMBLY APRIL 5, 2001 INTRODUCED BY Assembly Member Correa FEBRUARY 16, 2001 An act to amend Sections 472.4 and 4999 of, and to add Sections 1601.2, 1742.1, 2001.1, 2450.1, 2460.1, 2531.02, 2570.25, 2602.1, 2708.1, 2841.1, 2920.1, 3010.1, 3320.1, 3504.1, 3710.1, 4001.1, 4501.1, 4800.1, 4928.1, 4990.125, 5000.1, 5510.15, 5620.1, 6710.1, 7000.6, 7200.1, 7303.1, 7501.05, 7601.1, 7810.1, 8005.1, 8520.1, 9810.1, 9880.3, 18602.1, and 19004.1 to, the Business and Professions Code, and to add Section 94770.1 to the Education Code, relating to professional and vocational licensing boards. LEGISLATIVE COUNSEL'S DIGEST AB 269, Correa. Professional and vocational licensing boards, commissions, and bureaus. Existing law provides for the establishment of professional and vocational licensing boards, commissions, and bureaus that are overseen by the Department of Consumer Affairs. These boards, commissions, and bureaus license, regulate, and discipline persons practicing or engaging in professions and vocations regulated by them. This bill would state that the highest priority for licensing boards, commissions, and bureaus, in performing their licensing, regulatory, and disciplinary functions, is the protection of the public. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 472.4 of the Business and Professions Code is amended to read: 472.4. In addition to any other requirements of this chapter, the department shall do all of the following: (a) Establish procedures to assist owners or lessees of new motor vehicles who have complaints regarding the operation of a qualified third-party dispute resolution process. (b) Establish methods for measuring customer satisfaction and to identify violations of this chapter, which shall include an annual random postcard or telephone survey by the department of the customers of each qualified third-party dispute resolution process. (c) Monitor and inspect, on a regular basis, qualified third-party dispute resolution processes to determine whether they continue to meet the standards for certification. Monitoring and inspection shall include, but not be limited to, all of the following: (1) Onsite inspections of each qualified third-party dispute resolution process not less frequently than twice annually. (2) Investigation of complaints from consumers regarding the operation of qualified third-party dispute resolution processes and analyses of representative samples of complaints against each process. (3) Analyses of the annual surveys required by subdivision (b). (d) Notify the Department of Motor Vehicles of the failure of a manufacturer to honor a decision of a qualified third-party dispute resolution process to enable the Department of Motor Vehicles to take appropriate enforcement action against the manufacturer pursuant to Section 11705.4 of the Vehicle Code. (e) Submit a biennial report to the Legislature evaluating the effectiveness of this chapter, make available to the public summaries of the statistics and other information supplied by each qualified third-party dispute resolution process, and publish educational materials regarding the purposes of this chapter. (f) Adopt regulations as necessary and appropriate to implement this chapter and subdivision (d) of Section 1793.22 of the Civil Code. (g) Protection of the public shall be the highest priority for the department in exercising its certification, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 2. Section 1601.2 is added to the Business and Professions Code, to read: 1601.2. Protection of the public shall be the highest priority for the Dental Board of California in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 3. Section 1742.1 is added to the Business and Professions Code, to read: 1742.1. Protection of the public shall be the highest priority for the Committee on Dental Auxiliaries in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 4. Section 2001.1 is added to the Business and Professions Code, to read: 2001.1. Protection of the public shall be the highest priority for the Medical Board of California in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 5. Section 2450.1 is added to the Business and Professions Code, to read: 2450.1. Protection of the public shall be the highest priority for the Osteopathic Medical Board of California in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 6. Section 2460.1 is added to the Business and Professions Code, to read: 2460.1. Protection of the public shall be the highest priority for the California Board of Podiatric Medicine in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 7. Section 2531.02 is added to the Business and Professions Code, to read: 2531.02. Protection of the public shall be the highest priority for the Speech-Language Pathology and Audiology Board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 8. Section 2570.25 is added to the Business and Professions Code, to read: 2570.25. Protection of the public shall be the highest priority for the California Board of Occupational Therapy in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 9. Section 2602.1 is added to the Business and Professions Code, to read: 2602.1. Protection of the public shall be the highest priority for the Physical Therapy Board of California in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 10. Section 2708.1 is added to the Business and Professions Code, to read: 2708.1. Protection of the public shall be the highest priority for the Board of Registered Nursing in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 11. Section 2841.1 is added to the Business and Professions Code, to read: 2841.1. Protection of the public shall be the highest priority for the Board of Vocational Nursing and Psychiatric Technicians of the State of California in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 12. Section 2920.1 is added to the Business and Professions Code, to read: 2920.1. Protection of the public shall be the highest priority for the Board of Psychology in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 13. Section 3010.1 is added to the Business and Professions Code, to read: 3010.1. Protection of the public shall be the highest priority for the State Board of Optometry in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 14. Section 3320.1 is added to the Business and Professions Code, to read: 3320.1. Protection of the public shall be the highest priority for the Hearing Aid Dispensers Bureau in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 15. Section 3504.1 is added to the Business and Professions Code, to read: 3504.1. Protection of the public shall be the highest priority for the Physician Assistant Committee of the Medical Board of California in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 16. Section 3710.1 is added to the Business and Professions Code, to read: 3710.1. Protection of the public shall be the highest priority for the Respiratory Care Board of California in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 17. Section 4001.1 is added to the Business and Professions Code, to read: 4001.1. Protection of the public shall be the highest priority for the California State Board of Pharmacy in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 18. Section 4501.1 is added to the Business and Professions Code, to read: 4501.1. Protection of the public shall be the highest priority for the board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 19. Section 4800.1 is added to the Business and Professions Code, to read: 4800.1. Protection of the public shall be the highest priority for the Veterinary Medical Board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 20. Section 4928.1 is added to the Business and Professions Code, to read: 4928.1. Protection of the public shall be the highest priority for the Acupuncture Board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 21. Section 4990.125 is added to the Business and Professions Code, to read: 4990.125. Protection of the public shall be the highest priority for the Board of Behavioral Sciences in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 22. Section 4999 of the Business and Professions Code is amended to read: 4999. (a) On and after January 1, 2000, no business entity that employs, or contracts or subcontracts, directly or indirectly, with, the full-time equivalent of five or more persons functioning as health care professionals, whose primary function is to provide telephone medical advice, shall engage in the business of providing telephone medical advice services to a patient at a California address unless the business is registered with the Telephone Medical Advice Services Bureau. The department may adopt emergency regulations further defining when a health care professional's primary function is providing telephone medical advice. (b) Any business entity required to be registered under subdivision (a) that submits proof of accreditation by the American Accreditation Healthcare Commission, URAC, the National Committee for Quality Assurance, the National Quality Health Council, or the Joint Commission on Accreditation of Healthcare Organizations shall be deemed provisionally registered by the bureau until the earlier of the following: (1) December 31, 2000. (2) The granting or denial of an application for registration pursuant to subdivision (a). (c) A medical group that operates in multiple locations in California shall not be required to register pursuant to this section if no more than five full-time equivalent persons at any one location perform telephone medical advice services and those persons limit the telephone medical advice services to patients being treated at that location. (d) Protection of the public shall be the highest priority for the bureau in exercising its registration, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 23. Section 5000.1 is added to the Business and Professions Code, to read: 5000.1. Protection of the public shall be the highest priority for the California Board of Accountancy in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 24. Section 5510.15 is added to the Business and Professions Code, to read: 5510.15. Protection of the public shall be the highest priority for the California Architects Board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 25. Section 5620.1 is added to the Business and Professions Code, to read: 5620.1. Protection of the public shall be the highest priority for the Landscape Architects Technical Committee in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 26. Section 6710.1 is added to the Business and Professions Code, to read: 6710.1. Protection of the public shall be the highest priority for the Board for Professional Engineers and Land Surveyors in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 27. Section 7000.6 is added to the Business and Professions Code, to read: 7000.6. Protection of the public shall be the highest priority for the Contractors' State License Board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 28. Section 7200.1 is added to the Business and Professions Code, to read: 7200.1. Protection of the public shall be the highest priority for the State Board of Guide Dogs for the Blind in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 29. Section 7303.1 is added to the Business and Professions Code, to read: 7303.1. Protection of the public shall be the highest priority for the Bureau of Barbering and Cosmetology in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 30. Section 7501.05 is added to the Business and Professions Code, to read: 7501.05. Protection of the public shall be the highest priority for the Bureau of Security and Investigative Services in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 31. Section 7601.1 is added to the Business and Professions Code, to read: 7601.1. Protection of the public shall be the highest priority for the Cemetery and Funeral Bureau in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 32. Section 7810.1 is added to the Business and Professions Code, to read: 7810.1. Protection of the public shall be the highest priority for the Board for Geologists and Geophysicists in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 33. Section 8005.1 is added to the Business and Professions Code, to read: 8005.1. Protection of the public shall be the highest priority for the Court Reporters Board of California in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 34. Section 8520.1 is added to the Business and Professions Code, to read: 8520.1. Protection of the public shall be the highest priority for the Structural Pest Control Board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 35. Section 9810.1 is added to the Business and Professions Code, to read: 9810.1. Protection of the public shall be the highest priority for the Bureau of Electronic and Appliance Repair in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 36. Section 9880.3 is added to the Business and Professions Code, to read: 9880.3. Protection of the public shall be the highest priority for the Bureau of Automotive Repair in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 37. Section 18602.1 is added to the Business and Professions Code, to read: 18602.1. Protection of the public shall be the highest priority for the State Athletic Commission in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 38. Section 19004.1 is added to the Business and Professions Code, to read: 19004.1. Protection of the public shall be the highest priority for the Bureau of Home Furnishings and Thermal Insulation in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 39. Section 94770.1 is added to the Education Code, to read: 94770.1. Protection of the public shall be the highest priority for the Bureau for Private Postsecondary and Vocational Education in exercising its approval, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.