BILL NUMBER: SB 1955	CHAPTERED  09/30/02

	CHAPTER  1150
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2002
	PASSED THE SENATE  AUGUST 30, 2002
	PASSED THE ASSEMBLY  AUGUST 28, 2002
	AMENDED IN ASSEMBLY  AUGUST 27, 2002
	AMENDED IN ASSEMBLY  AUGUST 23, 2002
	AMENDED IN ASSEMBLY  AUGUST 8, 2002
	AMENDED IN ASSEMBLY  JULY 3, 2002
	AMENDED IN ASSEMBLY  JUNE 20, 2002
	AMENDED IN SENATE  MAY 13, 2002
	AMENDED IN SENATE  MAY 2, 2002

INTRODUCED BY   Senator Figueroa
   (Coauthors:  Senators Johannessen and Polanco)
   (Coauthors:  Assembly Members Aanestad, Correa, and Thomson)

                        FEBRUARY 22, 2002

   An act to amend Sections 800, 1648.20, 2460, 2475, 2486, 2496,
2499.5, 2602, 2607.5, 2620.7, 2660, 2684, 3010, 3013, 3014.5, 3710,
3716, 3717, 3718, 3735.3, 3740, 3750.5, 3753.1, 3758.6, 3761, 3770,
3774, 3777, 5061, 5108, 6710, 6714, 8710, and 22253 of, to add
Sections 450.2, 453, 2660.2, 2661.6, 3010.1, 3014.6, 3025.6, 3751.1,
3766, 3767, 3768, and 22253.2 to, and to repeal Sections 3712.5,
3750.6, and 3775.1 of, the Business and Professions Code, and to
amend Section 123105 of the Health and Safety Code, relating to
professions and vocations, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1955, Figueroa.  Professions and vocations.
   (1) Existing law prohibits a public member appointed to a board
from, among other things, having within the previous 5 years of their
appointment a specified business relationship with a licensee of
that board or having been engaged in the business or industry being
regulated by that board.
   This bill would additionally prohibit a public member appointed to
a board from being a current or past licensee of that board or from
being a close family member of a licensee of that board.  The bill
would additionally require all newly appointed board members to
complete a training and orientation program sponsored by the
Department of Consumer Affairs regarding the functions,
responsibilities, and obligations of board members.  The bill would
require the department to adopt regulations necessary to establish
the training and orientation program, including its content.
   (2) Existing law provides for the licensing and regulation of the
practice of dentistry by the Dental Board of California.  Existing
law requires that a fact sheet be given to all patients prior to the
performance of dental restoration work, except for any procedure
where a patient does not have a structure or device placed in his or
her mouth with the intent that it remain there indefinitely.
   This bill would instead apply the exemption only to a surgical,
endodontic, periodontic, or orthodontic dental procedure meeting that
requirement.
   (3) Existing law provides for the licensure and regulation of
podiatric medicine by the Board of Podiatric Medicine.  Existing law
terminates the existence of the board on July 1, 2003.
   This bill would extend the existence of the board to July 1, 2007.

   Existing law requires, for certification as a podiatrist, that an
applicant meet specified examination requirements.  Existing law also
requires the board to impose specified continuing education
requirements, including an examination requirement.
   The bill would revise these examination requirements.
   Existing law provides for a biennial certificate renewal fee of
$900 until January 1, 2004, and reduces the fee to $800 as of that
date.
   This bill would continue the $900 biennial certification renewal
fee until January 1, 2006, and would reduce it to $800 as of that
date.
   Moneys from these fees are deposited into the Contingent Fund of
the Medical Board of California, which is a continuously appropriated
fund.  Because this bill would increase the amount of money
deposited into this fund, it would make an appropriation.
   (4) Existing law provides for the licensing and regulation of the
practice of optometry by the State Board of Optometry and provides
for the employment of an executive officer, as specified.  The
existence of the board and the executive officer will be terminated
on July 1, 2003.
   This bill would instead terminate the existence of the board and
the executive officer on January 1, 2003, and, as of that date, would
provide for the formation of a new board and employment of a new
executive officer both of which would be terminated on July 1, 2005.
The bill would grant the new board certain authority parallel with
the authority of the previous board.  The bill would also provide for
the appointment and staggering of terms of board members, as
specified.
   The bill would authorize the board to adopt regulations clarifying
the level of training and level of supervision of assistants to
optometrists.
   (5) Existing law provides for the licensure and regulation of
respiratory care practitioners by the Respiratory Care Board of
California and provides for the employment of an executive officer,
as specified.  The existence of the board and the executive officer
will be terminated July 1, 2003.
   This bill would extend the existence of the board and the
executive officer to July 1, 2007.
   Existing law authorizes the board or appointees of the board to
inspect specified reports and records regarding respiratory care,
treatment, services, or staff, and requires an employer to report
specified employee information to the board.
   This bill would revise the inspection requirements to include, in
certain instances, copying records, and would provide that the
failure to provide certain documents and records, as specified, is
punishable by an administrative fine of up to $10,000 per violation.

   Moneys from these fines would be deposited into the Respiratory
Care Fund, which is a continuously appropriated fund.  Because this
bill would increase the amount of money deposited into this fund, it
would make an appropriation.
   Existing law requires applicants for licensure to provide
verification of, and to meet, specified education requirements, and
requires respiratory therapy schools to meet certain requirements.
Existing law prohibits certain fees imposed on respiratory therapy
schools from exceeding specified limits.
   This bill would revise the educational requirements.  The bill
would also revise the requirements for respiratory therapy schools,
and would delete the maximum limit on the fees imposed on respiratory
therapy schools.
   Existing law authorizes the board to deny, suspend, or revoke the
license of an applicant or licenseholder who has committed certain
actions, including using alcoholic beverages in a dangerous or
injurious manner, as specified.
   This bill would require instead that, in order for the board to
take this action with regard to alcohol use, the person have applied
for employment or worked in any health care profession or environment
while under the influence of alcohol.
   Existing law authorizes a person whose license has been revoked or
suspended, or who has been placed on probation to petition the board
for reinstatement, modification, or termination of probation, if
certain conditions are met.
   This bill would authorize the holder of a conditional or
probationary license issued prior to February 1, 2002, on specified
grounds, to submit a petition to terminate probation prior to
December 31, 2003.
   Existing law authorizes an administrative disciplinary decision
imposing terms of probation to require the licensee probationer pay
the monetary costs associated with monitoring the probation.
   This bill would prohibit the renewal or reinstatement of the
license of a licensee who has failed to pay all of these costs once
he or she has served the term of probation.
   Existing law requires the board to punish a person representing
himself as a respiratory care practitioner without a license by the
issuance of a citation and the assessment of an administrative fine
of $1,000.
   This bill would revise and expand this requirement.  The board
would authorize a person with a citation to appeal the board within a
certain time period of service of the citation, and would provide
procedures whereby a person could contest the citation.
   Moneys from the fines are deposited into the Respiratory Care
Fund, which is a continuously appropriated fund.  Because this bill
would increase and expand money derived from fines that is deposited
into this fund, it would make an appropriation.
   The bill would also make nonsubstantive changes to the provisions
governing respiratory care practitioners and would delete an obsolete
reporting requirement imposed on the board.
   (6) Existing law provides for the regulation, licensure, and
discipline of public accountants by the California Board of
Accountancy in the Department of Consumer Affairs.  Among other
things, on January 1, 2003, it defines "director" and "officer" and
prohibits a person practicing public accountancy from performing
services for a client, an officer or director of a client, or a
client-sponsored retirement plan for a commission.  On January 1,
2003, the board is authorized to issue subpoenas for the attendance
of witnesses and the production of documents pertinent to any
inquiry, investigation, hearing, proceeding, or action conducted by
the board in any part of the state.
   This bill would provide that a director and an officer does not
include a director or an officer of a nonprofit corporation or a
corporation that meets the certain small business workforce or annual
receipts requirements.  The bill would limit the subpoena authority
to its investigations and proceedings.
   (7) Existing law provides for the licensure and regulation of
physical therapists and physical therapy assistants by the Physical
Therapy Board of California.  The existence of the board would
terminate July 1, 2003.
   This bill would extend the existence of the board to July 1, 2007.

   Existing law requires that to renew a license for the practice of
physical therapy a licensee apply for renewal and pay a renewal fee,
as specified.
   This bill would require a licensee to disclose on the license
renewal application any misdemeanor or other criminal offense for
which he or she has been found guilty or to which he or she has
pleaded guilty or no contest.
   Existing law authorizes the Physical Therapy Board of California
to conduct disciplinary proceedings against a licensee, including
imposing probationary conditions, for specified causes.
   This bill would require the board to establish a probation
monitoring program.  The bill would authorize the program to employ
nonpeace officer staff to perform its probation monitoring and would
provide that the program be funded with moneys in the Physical
Therapy Fund.
   The Physical Therapy Fund is a continuously appropriated fund.
Because funding this program would allow an existing appropriation to
be made for a new purpose, it would make an appropriation.
   This bill would authorize the board to refuse a license to an
applicant guilty of specified unprofessional conduct or sexual
activity, or issue the applicant a license subject to certain
conditions.  The bill would authorize the applicant to appeal the
board's action.
   Existing law provides for specified boards, not including the
Physical Therapy Board of California, to keep certain records
relating to unprofessional conduct, civil actions, and complaints
against persons licensed or certified by the boards.
   This bill would add the Physical Therapy Board of California to
the list of boards to which these provisions apply.
   Existing law requires a physical therapist to document specified
patient information.
   This bill would additionally require a physical therapist to
document the care actually provided and to legibly sign the patient
record.
   Existing law requires certain health care professionals to provide
patient record access to patients, as specified.
   This bill would add physical therapists to the list of health care
professionals subject to this requirement.
   Existing law provides the authority for the board to take
disciplinary action for specified actions by a licensee.
   This bill would characterize these acts as unprofessional conduct,
would expand the acts, and would make both physical therapists and
physical therapy assistants subject to disciplinary action for all of
the acts listed.
   (8) Existing law provides for the regulation of tax preparers and
makes a violation of the provisions regulating tax preparers a crime.
  Existing law specifies that each violation of the provisions
regulating the practice of tax preparers constitutes a separate
offense.
   This bill would authorize the Franchise Tax Board to notify the
California Tax Education Council when it identifies an individual who
has violated specific provisions regulating tax preparers.  The bill
would authorize the board, in this regard, to cite a violating
individual, levy a fine of up to $1,000 per violation, and issue a
cease and desist order.  The bill would authorize the California Tax
Education Council to enter into an agreement with the board that
would reimburse the board for any expenses the board incurs for the
purpose of enforcing those provisions.
   (9) This bill would declare the intent of the Legislature, upon
enactment of SB 2022 of the 2001-02 Regular Session, to pursue the
creation of an independent board that would regulate the practice of
dental hygienists.
   (10) Existing law provides for the Board for Professional
Engineers and Land Surveyors in the Department of Consumer Affairs,
which is repealed on July 1, 2004.  Existing law provides for the
adoption by the board of rules and regulations of professional
conduct, which is repealed on January 1, 2005.  Existing law also
provides for the appointment by the board of an executive officer,
which is repealed on January 1, 2005.
   The bill would extend the repeal dates for these provisions by one
year.
   (11) The bill would incorporate additional changes in Section 800
of the Business and Professions Code, proposed by SB 1950, to be
operative only if SB 1950 and this bill are both chaptered and become
effective on or before January 1, 2003, and this bill is chaptered
last.
   The bill also would incorporate additional changes in Section
123105 of the Health and Safety Code, proposed by SB 2026, to be
operative only if SB 2026 and this bill are both chaptered and become
effective on or before January 1, 2003, and this bill is chaptered
last.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  It is the intent of the Legislature, upon the enactment
of Senate Bill 2022 of the 2001-02 Regular Session, which will
codify the scope of practice of dental hygienists, to pursue the
creation of an independent board that would regulate the practice of
dental hygienists.
  SEC. 1.2.  Section 450.2 is added to the Business and Professions
Code, to read:
   450.2.  In order to avoid a potential for a conflict of interest,
a public member of a board shall not:
   (a) Be a current or past licensee of that board.
   (b) Be a close family member of a licensee of that board.
  SEC. 1.4.  Section 453 is added to the Business and Professions
Code, to read:
   453.  Every newly appointed board member shall, within one year of
assuming office, complete a training and orientation program offered
by the department regarding, among other things, his or her
functions, responsibilities, and obligations as a member of a board.
The department shall adopt regulations necessary to establish this
training and orientation program and its content.
  SEC. 2.  Section 800 of the Business and Professions Code is
amended to read:
   800.  (a) The Medical Board of California, the Board of
Psychology, the Dental Board of California, the Osteopathic Medical
Board of California, the Board of Chiropractic Examiners, the
California Board of Registered Nursing, the Board of Vocational
Nursing and Psychiatric Technicians, the State Board of Optometry,
the Veterinary Medical Board, the Board of Behavioral Sciences, the
Physical Therapy Board of California, and the State Board of Pharmacy
shall each separately create and maintain a central file of the
names of all persons who hold a license, certificate, or similar
authority from that board.  Each central file shall be created and
maintained to provide an individual historical record for each
licensee with respect to (1) any conviction of a crime in this or any
other state that constitutes unprofessional conduct pursuant to the
reporting requirements of Section 803; (2) any judgment or settlement
requiring the licensee or his or her insurer, to pay any amount of
damages in excess of three thousand dollars ($3,000) for any claim
that injury or death was proximately caused by the licensee's
negligence, error or omission in practice, or by rendering
unauthorized professional services, pursuant to the reporting
requirements of Section 801 or 802; (3) any public complaints for
which provision is hereinafter made, pursuant to subdivision (b) of
this section; (4) disciplinary information reported pursuant to
Section 805.
   (b) Each board shall prescribe and promulgate forms on which
members of the public and other licensees or certificate holders may
file written complaints to the board alleging any act of misconduct
in, or connected with, the performance of professional services by
the licensee.
   If a board, or division thereof, a committee, or a panel has
failed to act upon a complaint or report within five years, or has
found that the complaint or report is without merit, the central file
shall be purged of information relating to the complaint or report.

   Notwithstanding this subdivision, the Board of Psychology, the
Board of Behavioral Sciences, and the Respiratory Care Board of
California shall maintain complaints or reports as long as each board
deems necessary.
   (c) The contents of any central file which are not public records
under any other provision of law shall be confidential except that
the licensee involved, or his or her counsel or representative, shall
have the right to inspect and have copies made of his or her
complete file except for the provision that may disclose the identity
of an information source.  For the purposes of this section, a board
may protect an information source by providing a copy of the
material with only those deletions necessary to protect the identity
of the source or by providing a comprehensive summary of the
substance of the material.  Whichever method is used, the board shall
ensure that full disclosure is made to the subject of any personal
information that could reasonably in any way reflect or convey
anything detrimental, disparaging, or threatening to a licensee's
reputation, rights, benefits, privileges, or qualifications, or be
used by a board to make a determination that would affect a licensee'
s rights, benefits, privileges, or qualifications.
   The licensee may, but is not required to, submit any additional
exculpatory or explanatory statement or other information which the
board shall include in the central file.
   Each board may permit any law enforcement or regulatory agency
when required for an investigation of unlawful activity or for
licensing, certification, or regulatory purposes to inspect and have
copies made of that licensee's file, unless the disclosure is
otherwise prohibited by law.
   These disclosures shall effect no change in the confidential
status of these records.
  SEC. 2.5.  Section 800 of the Business and Professions Code is
amended to read:
   800.  (a) The Medical Board of California, the Board of
Psychology, the Dental Board of California, the Osteopathic Medical
Board of California, the State Board of Chiropractic Examiners, the
Board of Registered Nursing, the Board of Vocational Nursing and
Psychiatric Technicians, the State Board of Optometry, the Veterinary
Medical Board, the Board of Behavioral Sciences, the Physical
Therapy Board of California, and the California State Board of
Pharmacy shall each separately create and maintain a central file of
the names of all persons who hold a license, certificate, or similar
authority from that board.  Each central file shall be created and
maintained to provide an individual historical record for each
licensee with respect to the following information:
   (1) Any conviction of a crime in this or any other state that
constitutes unprofessional conduct pursuant to the reporting
requirements of Section 803.
   (2) Any judgment or settlement requiring the licensee or his or
her insurer to pay any amount of damages in excess of three thousand
dollars ($3,000) for any claim that injury or death was proximately
caused by the licensee's negligence, error or omission in practice,
or by rendering unauthorized professional services, pursuant to the
reporting requirements of Section 801 or 802.
   (3) Any public complaints for which provision is made pursuant to
subdivision (b).
   (4) Disciplinary information reported pursuant to Section 805.
   (b) Each board shall prescribe and promulgate forms on which
members of the public and other licensees or certificate holders may
file written complaints to the board alleging any act of misconduct
in, or connected with, the performance of professional services by
the licensee.
   If a board, or division thereof, a committee, or a panel has
failed to act upon a complaint or report within five years, or has
found that the complaint or report is without merit, the central file
shall be purged of information relating to the complaint or report.

   Notwithstanding this subdivision, the Board of Psychology, the
Board of Behavioral Sciences, and the Respiratory Care Board of
California shall maintain complaints or reports as long as each board
deems necessary.
   (c) The contents of any central file that are not public records
under any other provision of law shall be confidential except that
the licensee involved, or his or her counsel or representative, shall
have the right to inspect and have copies made of his or her
complete file except for the provision that may disclose the identity
of an information source.  For the purposes of this section, a board
may protect an information source by providing a copy of the
material with only those deletions necessary to protect the identity
of the source or by providing a comprehensive summary of the
substance of the material.  Whichever method is used, the board shall
ensure that full disclosure is made to the subject of any personal
information that could reasonably in any way reflect or convey
anything detrimental, disparaging, or threatening to a licensee's
reputation, rights, benefits, privileges, or qualifications, or be
used by a board to make a determination that would affect a licensee'
s rights, benefits, privileges, or qualifications.  The information
required to be disclosed pursuant to Section 803.1 shall not be
considered among the contents of a central file for the purposes of
this subdivision.
   The licensee may, but is not required to, submit any additional
exculpatory or explanatory statement or other information that the
board shall include in the central file.
   Each board may permit any law enforcement or regulatory agency
when required for an investigation of unlawful activity or for
licensing, certification, or regulatory purposes to inspect and have
copies made of that licensee's file, unless the disclosure is
otherwise prohibited by law.
   These disclosures shall effect no change in the confidential
status of these records.
  SEC. 3.  Section 1648.20 of the Business and Professions Code is
amended to read:
   1648.20.  (a) This article shall not apply to any surgical,
endodontic, periodontic, or orthodontic dental procedure in which
dental restorative materials are not used.
   (b) For purposes of this article, "dental restorative materials"
means any structure or device placed into a patient's mouth with the
intent that it remain there for an indefinite period beyond the
completion of the dental procedure, including material used for
filling cavities in, or rebuilding or repairing the organic structure
of, a tooth or teeth, but excluding synthesized structures or
devices intended to wholly replace an extracted tooth or teeth, such
as implants.
  SEC. 4.  Section 2460 of the Business and Professions Code is
amended to read:
   2460.  There is created within the jurisdiction of the Medical
Board of California and its divisions the California Board of
Podiatric Medicine.
  This section shall become inoperative on July 1, 2007, and, as of
January 1, 2008, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.  The
repeal of this section renders the California Board of Podiatric
Medicine subject to the review required by Division 1.2 (commencing
with Section 473).
  SEC. 4.2.  Section 2475 of the Business and Professions Code is
amended to read:
   2475.  Unless otherwise provided by law, no postgraduate trainee,
intern, resident postdoctoral fellow, or instructor may engage in the
practice of podiatric medicine, or receive compensation therefor, or
offer to engage in the practice of podiatric medicine unless he or
she holds a valid, unrevoked, and unsuspended certificate to practice
podiatric medicine issued by the division.  However, a graduate of
an approved college or school of podiatric medicine upon whom the
degree doctor of podiatric medicine has been conferred, who is issued
a resident's license, which may be renewed annually for up to four
years for this purpose by the division upon recommendation of the
board, and who is enrolled in a postgraduate training program
approved by the board, may engage in the practice of podiatric
medicine whenever and wherever required as a part of that program
under the following conditions:
   (a) A graduate with a resident's license in an approved
internship, residency, or fellowship program may participate in
training rotations outside the scope of podiatric medicine, under the
supervision of a physician and surgeon who holds a medical doctor or
doctor of osteopathy degree wherever and whenever required as a part
of the training program, and may receive compensation for that
practice.  If the graduate fails to receive a license to practice
podiatric medicine under this chapter within two years from the
commencement of the postgraduate training, all privileges and
exemptions under this section shall automatically cease.
   (b) Podiatric hospitals functioning as a part of the teaching
program of an approved college or school of podiatric medicine in
this state may exchange instructors or resident or assistant resident
podiatrists with another approved college or school of podiatric
medicine not located in this state, or those hospitals may appoint a
graduate of an approved school as such a resident for purposes of
postgraduate training.  Those instructors and residents may practice
and be compensated as provided in subdivision (a), but that practice
and compensation shall be for a period not to exceed one year.
  SEC. 5.  Section 2486 of the Business and Professions Code is
amended to read:
   2486.  The division shall issue, upon the recommendation of the
board, a certificate to practice podiatric medicine if the applicant
meets all of the following requirements:
   (a) The applicant has graduated from an approved school or college
of podiatric medicine and meets the requirements of Section 2483.
   (b) The applicant, within the past 10 years, has passed parts I,
II, and III of the examination administered by the National Board of
Podiatric Medical Examiners of the United States or has passed a
written examination that is recognized by the board to be the
equivalent in content to the examination administered by the National
Board of Podiatric Medical Examiners of the United States.
   (c) The applicant has satisfactorily completed the postgraduate
training required by Section 2484.
   (d) The applicant has passed within the past 10 years any oral and
practical examination that may be required of all applicants by the
board to ascertain clinical competence.
   (e) The applicant has committed no acts or crimes constituting
grounds for denial of a certificate under Division 1.5 (commencing
with Section 475).
   (f) The board determines that no disciplinary action has been
taken against the applicant by any podiatric licensing authority and
that the applicant has not been the subject of adverse judgments or
settlements resulting from the practice of podiatric medicine that
the board determines constitutes evidence of a pattern of negligence
or incompetence.
   (g) A disciplinary databank report regarding the applicant has
been directly presented to the board from the Federation of Podiatric
Medical Boards.
  SEC. 6.  Section 2496 of the Business and Professions Code is
amended to read:
   2496.  In order to ensure the continuing competence of persons
licensed to practice podiatric medicine, the board shall adopt and
administer regulations in accordance with the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code) requiring continuing
education of those licensees.  The board shall require those
licensees to demonstrate satisfaction of the continuing education
requirements and one of the following requirements at each license
renewal:
   (a) Passage of an examination administered by the board within the
past 10 years.
   (b) Passage of an examination administered by an approved
specialty certifying board within the past 10 years.
   (c) Current diplomate, board-eligible, or board-qualified status
granted by an approved specialty certifying board within the past 10
years.
   (d) Recertification of current status by an approved specialty
certifying board within the past 10 years.
   (e) Successful completion of an approved residency or fellowship
program within the past 10 years.
   (f) Granting or renewal of current staff privileges within the
past five years by a health care facility that is licensed,
certified, accredited, conducted, maintained, operated, or otherwise
approved by an agency of the federal or state government or an
organization approved by the Medical Board of California.
   (g) Successful completion within the past five years of an
extended course of study approved by the board.
   (h) Passage within the past 10 years of Part III of the
examination administered by the National Board of Podiatric Medical
Examiners.
  SEC. 7.  Section 2499.5 of the Business and Professions Code is
amended to read:
   2499.5.  The following fees apply to certificates to practice
podiatric medicine.  The amount of fees prescribed for doctors of
podiatric medicine shall be those set forth in this section unless a
lower fee is established by the board in accordance with Section
2499.6.  Fees collected pursuant to this section shall be fixed by
the board in amounts not to exceed the actual costs of providing the
service for which the fee is collected.
   (a) Each applicant for a certificate to practice podiatric
medicine shall pay an application fee of twenty dollars ($20) at the
time the application is filed.  If the applicant qualifies for a
certificate, he or she shall pay a fee which shall be fixed by the
board at an amount not to exceed one hundred dollars ($100) nor less
than five dollars ($5) for the issuance of the certificate.
   (b) The oral examination fee shall be seven hundred dollars
($700), or the actual cost, whichever is lower, and shall be paid by
each applicant.  If the applicant's credentials are insufficient or
if the applicant does not desire to take the examination, and has so
notified the board 30 days prior to the examination date, only the
examination fee is returnable to the applicant.  The board may charge
an examination fee for any subsequent reexamination of the
applicant.
   (c) Each applicant who qualifies for a certificate, as a condition
precedent to its issuance, in addition to other fees required by
this section, shall pay an initial license fee.  The initial license
fee shall be eight hundred dollars ($800).  The initial license shall
expire the second year after its issuance on the last day of the
month of birth of the licensee.  The board may reduce the initial
license fee by up to 50 percent of the amount of the fee for any
applicant who is enrolled in a postgraduate training program approved
by the board or who has completed a postgraduate training program
approved by the board within six months prior to the payment of the
initial license fee.
   (d) The biennial renewal fee shall be nine hundred dollars ($900).
  This fee shall remain in effect only until January 1, 2006, and as
of that date is reduced to eight hundred dollars ($800), unless a
later enacted statute, that is enacted before January 1, 2006,
deletes or extends that date.  Any licensee enrolled in an approved
residency program shall be required to pay only 50 percent of the
biennial renewal fee at the time of his or her first renewal.
   (e) The delinquency fee is one hundred fifty dollars ($150).
   (f) The duplicate wall certificate fee is forty dollars ($40).
   (g) The duplicate renewal receipt fee is forty dollars ($40).
   (h) The endorsement fee is thirty dollars ($30).
   (i) The letter of good standing fee or for loan deferment is
thirty dollars ($30).
   (j) There shall be a fee of sixty dollars ($60) for the issuance
of a resident's license under Section 2475.
   (k) The application fee for ankle certification under Section 2472
for persons licensed prior to January 1, 1984, shall be fifty
dollars ($50).  The examination and reexamination fee for this
certification shall be seven hundred dollars ($700).
   (l) The filing fee to appeal the failure of an oral examination
shall be twenty-five dollars ($25).
   (m) The fee for approval of a continuing education course or
program shall be one hundred dollars ($100).
  SEC. 8.  Section 2602 of the Business and Professions Code is
amended to read:
   2602.  The Physical Therapy Board of California, hereafter
referred to as the board, shall enforce and administer this chapter.

  This section shall become inoperative on July 1, 2007, and, as of
January 1, 2008, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
   The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
  SEC. 9.  Section 2607.5 of the Business and Professions Code is
amended to read:
   2607.5.  The board may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board and
vested in him or her by this chapter.
  This section shall become inoperative on July 1, 2007, and, as of
January 1, 2008, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
   The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
  SEC. 10.  Section 2620.7 of the Business and Professions Code is
amended to read:
   2620.7.  (a) A physical therapist shall document his or her
evaluation, goals, treatment plan, and summary of treatment in the
patient record.
   (b) A physical therapist shall document the care actually provided
to a patient in the patient record.
   (c) A physical therapist shall sign the patient record legibly.
   (d) Patient records shall be maintained for a period of no less
than seven years following the discharge of the patient, except that
the records of unemancipated minors shall be maintained at least one
year after the minor has reached the age of 18 years, and not in any
case less than seven years.
  SEC. 11.  Section 2660 of the Business and Professions Code is
amended to read:
   2660.  The board may, after the conduct of appropriate proceedings
under the Administrative Procedure Act, suspend for not more than 12
months, or revoke, or impose probationary conditions upon any
license, certificate, or approval issued under this chapter for
unprofessional conduct that includes, but is not limited to, one or
any combination of the following causes:
   (a) Advertising in violation of Section 17500.
   (b) Fraud in the procurement of any license under this chapter.
   (c) Procuring or aiding or offering to procure or aid in criminal
abortion.
   (d) Conviction of a crime which substantially relates to the
qualifications, functions, or duties of a physical therapist or
physical therapy assistant.  The record of conviction or a certified
copy thereof shall be conclusive evidence of that conviction.
   (e) Impersonating or acting as a proxy for an applicant in any
examination given under this chapter.
   (f) Habitual intemperance.
   (g) Addiction to the excessive use of any habit-forming drug.
   (h) Gross negligence in his or her practice as a physical
therapist or physical therapy assistant.
   (i) Conviction of a violation of any of the provisions of this
chapter or of the State Medical Practice Act, or violating, or
attempting to violate, directly or indirectly, or assisting in or
abetting the violating of, or conspiring to violate any provision or
term of this chapter or of the State Medical Practice Act.
   (j) The aiding or abetting of any person to violate this chapter
or any regulations duly adopted under this chapter.
   (k) The aiding or abetting of any person to engage in the unlawful
practice of physical therapy.
   (l) The commission of any fraudulent, dishonest, or corrupt act
which is substantially related to the qualifications, functions, or
duties of a physical therapist or physical therapy assistant.
   (m) 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, and from patient to
licensee.  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,
regulations, and guidelines pursuant to the California Occupational
Safety and Health Act of 1973 (Part 1 (commencing with Section 6300)
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, the board shall consult with the Medical
Board of California, the California Board of Podiatric Medicine, the
Board of Dental Examiners of California, the Board of Registered
Nursing, and the Board of Vocational Nursing and Psychiatric
Technicians, to encourage appropriate consistency in the
implementation of this subdivision.
   The board shall seek to ensure that licensees are informed of the
responsibility of licensees and others to follow infection control
guidelines, and of the most recent scientifically recognized
safeguards for minimizing the risk of transmission of blood-borne
infectious diseases.
   (n) The commission of verbal abuse or sexual harassment.
  SEC. 12.  Section 2660.2 is added to the Business and Professions
Code, to read:
   2660.2.  (a) The board may refuse a license to any applicant
guilty of unprofessional conduct or sexual activity referred to in
Section 2660.1.  The board may, in its sole discretion, issue a
probationary license to any applicant for a license who is guilty of
unprofessional conduct but who has met all other requirements for
licensure.  The board may issue the license subject to any terms or
conditions not contrary to public policy, including, but not limited
to, the following:
   (1) Medical or psychiatric evaluation.
   (2) Continuing medical or psychiatric treatment.
   (3) Restriction of the type or circumstances of practice.
   (4) Continuing participation in a board-approved rehabilitation
program.
   (5) Abstention from the use of alcohol or drugs.
   (6) Random fluid testing for alcohol or drugs.
   (7) Compliance with laws and regulations governing the practice of
physical therapy.
   (b) The applicant shall have the right to appeal the denial, or
the issuance with terms and conditions, of any license 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.  The action shall be final, except that the
propriety of the action is subject to review by the superior court
pursuant to Section 1094.5 of the Code of Civil Procedure.
  SEC. 13.  Section 2661.6 is added to the Business and Professions
Code, to read:
   2661.6.  (a) The board shall establish a probation monitoring
program to monitor probationary licenses.
         (b) The program may employ nonpeace officer staff to perform
its probation monitoring.
   (c) The program shall be funded with moneys in the Physical
Therapy Fund.
  SEC. 14.  Section 2684 of the Business and Professions Code is
amended to read:
   2684.  (a) Notwithstanding Section 2422, any license or approval
for the practice of physical therapy shall expire at 12 midnight on
the last day of the birth month of the licensee or holder of the
approval during the second year of a two-year term, if not renewed.
   (b) To renew an unexpired license or approval, the licensee or the
holder of the approval shall, on or before the dates on which it
would otherwise expire, apply for renewal on a form prescribed by the
board and pay the prescribed renewal fee.  The licensee shall
disclose on his or her license renewal application any misdemeanor or
other criminal offense for which he or she has been found guilty or
to which he or she has pleaded guilty or no contest.
   (c) A license that has expired may be renewed within five years
upon payment of all accrued and unpaid renewal fees.
  SEC. 15.  Section 3010 of the Business and Professions Code is
amended to read:
   3010.  There is in the Department of Consumer Affairs a State
Board of Optometry in which the enforcement of this chapter is
vested.  The board consists of nine members, three of whom shall be
public members.
   Six members of the board shall constitute a quorum.
  This section shall remain in effect only until January 1, 2003,
and, as of that date, is repealed, unless a later enacted statute,
that becomes effective on or before January 1, 2003, deletes or
extends that date.
   The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
  SEC. 16.  Section 3010.1 is added to the Business and Professions
Code, to read:
   3010.1.  (a) There is in the Department of Consumer Affairs a
State Board of Optometry in which the enforcement of this chapter is
vested.  The board consists of 11 members, five of whom shall be
public members.
   Six members of the board shall constitute a quorum.
   (b) The board shall, with respect to conducting investigations,
inquiries, and disciplinary actions and proceedings, have the
authority previously vested in the board as created pursuant to
Section 3010.  The board may enforce any disciplinary actions
undertaken by that board.
  (c) This section shall remain in effect only until July 1, 2005,
and, as of that date, is repealed, unless a later enacted statute,
that is enacted before January 1, 2006, deletes or extends that date.

  SEC. 17.  Section 3013 of the Business and Professions Code is
amended to read:
   3013.  (a) Each member of the board shall hold office for a term
of four years, and shall serve until the appointment and
qualification of his or her successor or until one year shall have
elapsed since the expiration of the term for which he or she was
appointed, whichever first occurs.
   (b) Vacancies occurring shall be filled by appointment for the
unexpired term.
   (c) The Governor shall appoint three of the public members and the
six members qualified as provided in Section 3011.  The Senate Rules
Committee and the Speaker of the Assembly shall each appoint a
public member, and their initial appointment shall be made to fill,
respectively, the first and second public member vacancies which
occur on or after January 1, 1983.
   (d) No board member serving between January 1, 2000, and June 1,
2002, inclusive, shall be eligible for reappointment.
   (e) For initial appointments made on or after January 1, 2003, one
of the public members appointed by the Governor and two of the
professional members shall serve terms of one year.  One of the
public members appointed by the Governor and two of the professional
members shall serve terms of three years.  The remaining public
member appointed by the Governor and the remaining two professional
members shall serve terms of four years.  The public members
appointed by the Senate Committee on Rules and the Speaker of the
Assembly shall each serve for a term of four years.
  SEC. 18.  Section 3014.5 of the Business and Professions Code is
amended to read:
   3014.5.  The board may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board and
vested in him or her by this chapter.
  This section shall remain in effect only until January 1, 2003,
and, as of that date, is repealed, unless a later enacted statute,
that becomes effective on or before January 1, 2003, deletes or
extends that date.
   The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
  SEC. 19.  Section 3014.6 is added to the Business and Professions
Code, to read:
   3014.6.  (a) The board may appoint a person exempt from civil
service who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board
and vested in him or her by this chapter.
  (b) This section shall become inoperative on July 1, 2005, and, as
of January 1, 2006, is repealed, unless a later enacted statute, that
is enacted before January 1, 2006, deletes or extends the dates on
which it becomes inoperative and is repealed.
  SEC. 20.  Section 3025.6 is added to the Business and Professions
Code, to read:
   3025.6.  The board may adopt regulations clarifying the level of
training and the level of supervision of assistants.
  SEC. 21.  Section 3710 of the Business and Professions Code is
amended to read:
   3710.  The Respiratory Care Board of California, hereafter
referred to as the board, shall enforce and administer this chapter.

   This section shall become inoperative on July 1, 2007, and, as of
January 1, 2008, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
   The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
  SEC. 22.  Section 3712.5 of the Business and Professions Code is
repealed.
  SEC. 23.  Section 3716 of the Business and Professions Code is
amended to read:
   3716.  The board may employ an executive officer exempt from civil
service and, subject to the provisions of law relating to civil
service, clerical assistants and, except as provided in Section
159.5, other employees as it may deem necessary to carry out its
powers and duties.
   This section shall become inoperative on July 1, 2007, and, as of
January 1, 2008, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
   The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
  SEC. 24.  Section 3717 of the Business and Professions Code is
amended to read:
   3717.  (a) The board, or any licensed respiratory care
practitioner, enforcement staff, or investigative unit appointed by
the board, may inspect, or require reports from, a general or
specialized hospital or any other facility or corporation providing
respiratory care, treatment, or services and the respiratory care
staff thereof, with respect to the respiratory care, treatment,
services, or facilities provided therein, or the employment of staff
providing the respiratory care, treatment, or services, and may
inspect and copy respiratory care patient records with respect to
that care, treatment, services, or facilities.  The authority to make
inspections and to require reports as provided by this section is
subject to the restrictions against disclosure contained in Section
2225.  Those persons may also inspect and copy employment records
relevant to an official investigation provided that the written
request to inspect the records specifies the portion of the records
to be inspected.
   (b) The failure of an employer to provide documents as required by
this section is punishable by an administrative fine not to exceed
ten thousand dollars ($10,000) per violation.  This penalty shall be
in addition to, and not in lieu of, any other civil or criminal
remedies.
  SEC. 25.  Section 3718 of the Business and Professions Code is
amended to read:
   3718.  The board shall issue, deny, suspend, and revoke licenses
to practice respiratory care as provided in this chapter.
  SEC. 26.  Section 3735.3 of the Business and Professions Code is
amended to read:
   3735.3.  An applicant for a license as a respiratory care
practitioner may not be scheduled to sit for the examination until
verification from the program director, in a form acceptable to the
board, declaring that the applicant has completed his or her
respiratory training program and has met all the educational
requirements for the awarding of an associate degree is received in
the board's office.  An official transcript from the educational
institution's registrar's office shall be submitted to the board
prior to the issuance of a license as a respiratory care
practitioner.
  SEC. 27.  Section 3740 of the Business and Professions Code is
amended to read:
   3740.  (a) Except as otherwise provided in this chapter, all
applicants for licensure under this chapter shall have completed a
board approved respiratory care program and been awarded a minimum of
an associate degree.
   (b) Notwithstanding subdivision (a), meeting the following
qualifications shall be deemed equivalent to the required education:

   (1) Enrollment in an approved baccalaureate degree program.
   (2) Completion of science, general academic, and respiratory
therapy course work commensurate with the requirements for an
associate degree in subdivision (a).
   (c) An applicant whose application is based on a diploma issued to
the applicant by a foreign respiratory therapy school or a
certificate or license issued by another state, district, or
territory of the United States, shall furnish documentary evidence,
satisfactory to the board, that he or she has completed a respiratory
therapy school or a course of professional instruction equivalent to
that required in subdivision (a), for a respiratory care
practitioner applicant.
   (d) Education programs for respiratory care that are accredited
programs in public or private postsecondary education institutions or
universities accredited by a regional accreditation agency or
association recognized by the United States Department of Education
and the Commission on Accreditation of Allied Health Education
Programs, as verified by the board biannually, may be considered
approved programs by the board unless the board determines otherwise.

   (e) A school shall give the director of a respiratory care program
adequate release time to perform his or her administrative duties
consistent with the established policies of the educational
institution.
   (f) Satisfactory evidence as to educational qualifications shall
take the form of certified transcripts of the applicant's college
record mailed directly to the board from the educational institution.
  However, the board may require an evaluation of educational
credentials by an evaluation service approved by the board.
   (g) At the board's discretion, it may waive its educational
requirements if evidence is presented and the board deems it as
meeting the current educational requirements that will ensure the
safe and competent practice of respiratory care.  This evidence may
include, but is not limited to:
   (1) Work experience.
   (2) Good standing of licensure in another state.
   (3) Previous good standing of licensure in the State of
California.
   (h) Nothing contained in this section shall prohibit the board
from disapproving any respiratory therapy school, nor from denying
the applicant if the instruction received by the applicant or the
courses were not equivalent to that required by the board.
  SEC. 28.  Section 3750.5 of the Business and Professions Code is
amended to read:
   3750.5.  In addition to any other grounds specified in this
chapter, the board may deny, suspend, or revoke the license of any
applicant or licenseholder who has done any of the following:
   (a) Obtained or possessed in violation of law, or except as
directed by a licensed physician and surgeon, dentist, or podiatrist
administered to himself or herself, or furnished or administered to
another, any controlled substances as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or any
dangerous drug as defined in Article 7 (commencing with Section
4210) of Chapter 9 of this code.
   (b) Used any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or any
dangerous drug as defined in Article 7 (commencing with Section
4210) of Chapter 9 of this code.
   (c) Applied for employment or worked in any health care profession
or environment while under the influence of alcohol.
   (d) Been convicted of a criminal offense involving the consumption
or self-administration of any of the substances described in
subdivisions (a) and (b), or the possession of, or falsification of a
record pertaining to, the substances described in subdivision (a),
in which event the record of the conviction is conclusive evidence
thereof.
   (e) Been committed or confined by a court of competent
jurisdiction for intemperate use of or addiction to the use of any of
the substances described in subdivisions (a), (b), and (c), in which
event the court order of commitment or confinement is prima facie
evidence of that commitment or confinement.
   (f) Falsified, or made grossly incorrect, grossly inconsistent, or
unintelligible entries in any hospital, patient, or other record
pertaining to the substances described in subdivision (a).
  SEC. 29.  Section 3750.6 of the Business and Professions Code, as
added by Section 18 of Chapter 1274 of the Statutes of 1994, is
repealed.
  SEC. 30.  Section 3751.1 is added to the Business and Professions
Code, to read:
   3751.1.  (a) Notwithstanding the time periods set forth in
subdivision (a) of Section 3751, the holder of a conditional or
probationary license issued prior to February 1, 2002, on grounds
that did not include a violation of subdivision (e), (f), (h), (i),
(k), (l), (n), (o), or (p) of Section 3750, a violation of Section
3752.6, or a violation of Section 3755, may submit a petition to
terminate probation prior to December 31, 2003.
   (b) This section shall be repealed on January 1, 2004, unless a
later enacted statute, that becomes operative on or before January 1,
2004, deletes or extends that date.
  SEC. 31.  Section 3753.1 of the Business and Professions Code is
amended to read:
   3753.1.  (a) An administrative disciplinary decision imposing
terms of probation may include, among other things, a requirement
that the licensee-probationer pay the monetary costs associated with
monitoring the probation.
   (b) The board shall not renew or reinstate the license of any
licensee who has failed to pay all of the costs ordered under this
section once a licensee has served his or her term of probation.
  SEC. 32.  Section 3758.6 of the Business and Professions Code is
amended to read:
   3758.6.  (a) In addition to the reporting required under Section
3758, an employer shall also report to the board the name,
professional licensure type and number, and title of the person
supervising the licensee who has been suspended or terminated for
cause, as defined in subdivision (b) of Section 3758.  If the
supervisor is a licensee under this chapter, the board shall
investigate whether due care was exercised by that supervisor in
accordance with this chapter.  If the supervisor is a health
professional, licensed by another licensing board under this
division, the employer shall report the name of that supervisor and
any and all information pertaining to the suspension or termination
for cause of the person licensed under this chapter to the
appropriate licensing board.
   (b) The failure of an employer to make a report required by this
section is punishable by an administrative fine not to exceed ten
thousand dollars ($10,000) per violation.
  SEC. 33.  Section 3761 of the Business and Professions Code is
amended to read:
   3761.  (a) No person may represent himself or herself to be a
respiratory care practitioner without a license granted under this
chapter, except as otherwise provided in this chapter.
   (b) No person or corporation shall knowingly employ a person who
holds himself or herself out to be a respiratory care practitioner
without a license granted under this chapter, except as otherwise
provided in this chapter.
  SEC. 34.  Section 3766 is added to the Business and Professions
Code, to read:
   3766.  (a) The board may issue a citation containing an order of
abatement and civil penalties against a person who acts in the
capacity of, or engages in the business of, a respiratory care
practitioner in this state without having a license in good standing
issued pursuant to this chapter.
   (b) The board may issue a citation containing an order of
abatement and civil penalties against a person employing or
contracting with a person who acts in the capacity of, or engages in
the business of, a respiratory care practitioner in this state
without having a license in good standing issued pursuant to this
chapter.
  SEC. 35.  Section 3767 is added to the Business and Professions
Code, to read:
   3767.  (a) The board shall issue a citation to a person and to his
or her employer or contractor, if, upon inspection or investigation,
either upon complaint or otherwise, the following conditions are
met:
   (1) The board has probable cause to believe that the person is
acting in the capacity of, or engaging in the practice of, a
respiratory care practitioner in this state without having a license
in good standing issued pursuant to this chapter.
   (2) The person is not otherwise exempted from the provisions of
this chapter.
   (b) Each citation issued pursuant to subdivision (a) shall meet
all of the following requirements:
   (1) Be in writing and describe with particularity the basis of the
citation.
   (2) Contain an order of abatement and an assessment of a civil
penalty in an amount not less than two hundred dollars ($200) nor
more than fifteen thousand dollars ($15,000).
   (c) A person served with a citation may appeal to the board within
15 calendar days after service of the citation with respect to any
of the following:
   (1) The violations alleged.
   (2) The scope of the order of abatement.
   (3) The amount of the civil penalty assessed.
   (d) If, within 15 calendar days after service of the citation, the
person cited fails to notify the board that he or she intends to
appeal the citation, the citation shall be deemed a final order of
the board and not subject to review by any court or agency.  The
board may extend the 15-day period for good cause.
   (e) (1) If a person cited under this section notifies the board in
a timely manner that he or she intends to contest the citation, the
board shall afford an opportunity for a hearing.
   (2) The board shall thereafter issue a decision, based on findings
of fact, affirming, modifying, or vacating the citation, or
directing other appropriate relief.
   (f) With the approval of the board, the executive officer shall
prescribe procedures for the issuance and appeal of a citation and
procedures for a hearing under this section.  The board shall adopt
regulations covering the assessment of a civil penalty that shall
give due consideration to the gravity of the violation, and any
history of previous violations.
   (g) The sanctions authorized under this section shall be separate
from and in addition to, any other civil or criminal remedies.
  SEC. 36.  Section 3768 is added to the Business and Professions
Code, to read:
   3768.  (a) After the exhaustion of the review procedures provided
for in Section 3767, and as adopted by regulation, the board may
apply to the appropriate superior court for both of the following:
   (1) A judgment in the amount of the civil penalty.
   (2) An order compelling the cited person to comply with the order
of abatement.
   (b) The application described in subdivision (a) shall include a
certified copy of the final order of the board.
   (c) The application described in subdivision (a) shall constitute
a sufficient showing to warrant the issuance of the judgment and
order.
   (d) The board may employ collection agencies or other methods in
order to collect civil penalties.
  SEC. 37.  Section 3770 of the Business and Professions Code is
amended to read:
   3770.  The department shall keep a record of its proceedings under
this chapter, and a register of all persons licensed under it.  The
register shall show the name of every living licensed respiratory
care practitioner, his or her last known place of residence, or
address of record, and the date and number of his or her certificate
as a respiratory care practitioner.  The department shall, once every
two years, compile a list of respiratory care practitioners
authorized to practice respiratory care in the state.  Any interested
person is entitled to obtain a copy of that list upon application to
the department and payment of an amount as may be fixed by the
department, which amount shall not exceed the cost of the list so
furnished.
  SEC. 38.  Section 3774 of the Business and Professions Code is
amended to read:
   3774.  On or before the birthday of a licensed practitioner in
every other year, following the initial licensure, the board shall
mail to each practitioner licensed under this chapter, at the latest
address furnished by the licensed practitioner to the executive
officer of the board, a notice stating the amount of the renewal fee
and the date on which it is due.  The notice shall state that failure
to pay the renewal fee on or before the due date and submit evidence
of compliance with Sections 3719 and 3773 shall result in expiration
of the license.
   Each license not renewed in accordance with this section shall
expire but may within a period of three years thereafter be
reinstated upon payment of all accrued and unpaid renewal fees and
penalty fees required by this chapter.  The board may also require
submission of proof of the applicant's qualifications, except that
during the three-year period no examination shall be required as a
condition for the reinstatement of any expired license that has
lapsed solely by reason of nonpayment of the renewal fee.
  SEC. 39.  Section 3775.1 of the Business and Professions Code is
repealed.
  SEC. 40.  Section 3777 of the Business and Professions Code is
amended to read:
   3777.  Where an applicant is issued a license to practice
respiratory care, and it is later discovered that all required fees
have not been paid, the license shall not be renewed or reinstated
unless all past and current required fees have been paid.
  SEC. 41.  Section 5061 of the Business and Professions Code, as
amended by Assembly Bill 270 of the 2001-02 Regular Session, is
amended to read:
   5061.  (a) Except as expressly permitted by this section, a person
engaged in the practice of public accountancy shall not:  (1) pay a
fee or commission to obtain a client or (2) accept a fee or
commission for referring a client to the products or services of a
third party.
   (b) A person engaged in the practice of public accountancy who is
not performing any of the services set forth in subdivision (c) and
who complies with the disclosure requirements of subdivision (d) may
accept a fee or commission for providing a client with the products
or services of a third party where the products or services of a
third party are provided in conjunction with professional services
provided to the client by the person engaged in the practice of
public accountancy.  Nothing in this subdivision shall be construed
to permit the solicitation or acceptance of any fee or commission
solely for the referral of a client to a third party.
   (c) A person engaged in the practice of public accountancy is
prohibited from performing services for a client or an officer or
director of a client, or a client-sponsored retirement plan, for a
commission or from receiving a commission from a client or an officer
or director of a client, or a client-sponsored retirement plan,
during the period in which the person also performs for that client
or officer or director of that client, or client-sponsored retirement
plan, any of the services listed below and during the period covered
by any historical financial statements involved in those listed
services:
   (1) An audit or review of a financial statement.
   (2) A compilation of a financial statement when that person
expects, or reasonably might expect, that a third party will use the
financial statement and the compilation report does not disclose a
lack of independence.
   (3) An examination of prospective financial information.
   For purposes of this subdivision, "director" means any person as
defined under Section 164 of the Corporations Code and "officer"
means any individual reported to a regulatory agency as an officer of
a corporation.  However, "director" and "officer" does not include a
director or officer of a nonprofit corporation, or a corporation
that meets the small business workforce or annual receipts
requirements of Section 1896 of Title 2 of the California Code of
Regulations.
   (d) A person engaged in the practice of public accountancy who is
not prohibited from performing services for a commission, or from
receiving a commission, and who is paid or expects to be paid a
commission, shall disclose that fact to any client or entity to whom
the person engaged in the practice of public accountancy recommends
or refers a product or service to which the commission relates.
   (e) The board shall adopt regulations to implement, interpret, and
make specific the provisions of this section including, but not
limited to, regulations specifying the terms of any disclosure
required by subdivision (d), the manner in which the disclosure shall
be made, and other matters regarding the disclosure that the board
deems appropriate.  These regulations shall require, at a minimum,
that a disclosure shall comply with all of the following:
        (1) Be in writing and be clear and conspicuous.
   (2) Be signed by the recipient of the product or service.
   (3) State the amount of the commission or the basis on which it
will be computed.
   (4) Identify the source of the payment and the relationship
between the source of the payment and the person receiving the
payment.
   (5) Be presented to the client at or prior to the time the
recommendation of the product or service is made.
   (f) For purposes of this section, "fee" includes, but is not
limited to, a commission, rebate, preference, discount, or other
consideration, whether in the form of money or otherwise.
   (g) This section shall not prohibit payments for the purchase of
any accounting practice or retirement payments to individuals
presently or formerly engaged in the practice of public accountancy
or payments to their heirs or estates.
  SEC. 42.  Section 5108 of the Business and Professions Code, as
added by Assembly Bill 270 of the 2001-02 Regular Session, is amended
to read:
   5108.  In connection with any investigation or action authorized
by this chapter, the board may issue subpoenas for the attendance of
witnesses and the production of papers, books, accounts, documents
and testimony pertinent or material to its inquiry, investigation,
hearing, proceeding, or action conducted in any part of the state.
  SEC. 43.  Section 6710 of the Business and Professions Code is
amended to read:
   6710.  (a) There is in the Department of Consumer Affairs a Board
for Professional Engineers and Land Surveyors, which consists of 13
members.
   (b) Any reference in any law or regulation to the Board of
Registration for Professional Engineers and Land Surveyors is deemed
to refer to the Board for Professional Engineers and Land Surveyors.

   (c) This section shall become inoperative on July 1, 2005, and, as
of January 1, 2006, is repealed, unless a later enacted statute,
that becomes effective on or before January 1, 2006, deletes or
extends the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
  SEC. 44.  Section 6714 of the Business and Professions Code is
amended to read:
   6714.  The board shall appoint an executive officer at a salary to
be fixed and determined by the board with the approval of the
Director of Finance.
   This section shall become inoperative on July 1, 2005, and, as of
January 1, 2006, is repealed, unless a later enacted statute, that
becomes effective on or before January 1, 2006, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 45.  Section 8710 of the Business and Professions Code is
amended to read:
   8710.  (a) The Board for Professional Engineers and Land Surveyors
is vested with power to administer the provisions and requirements
of this chapter, and may make and enforce rules and regulations that
are reasonably necessary to carry out its provisions.
   (b) The board may adopt rules and regulations of professional
conduct that are not inconsistent with state and federal law.  The
rules and regulations may include definitions of incompetence and
negligence.  Every person who holds a license or certificate issued
by the board pursuant to this chapter, or a license or certificate
issued to a civil engineer pursuant to Chapter 7 (commencing with
Section 6700), shall be governed by these rules and regulations.
   (c) This section shall become inoperative on July 1, 2005, and, as
of January 1, 2006, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2006, deletes or
extends the dates on which it becomes inoperative and is repealed.
The repeal of this section shall render the board subject to the
review required by Division 1.2 (commencing with Section 473).
  SEC. 46.  Section 22253 of the Business and Professions Code is
amended to read:
   22253.  (a) It is a violation of this chapter for a tax preparer
to do any of the following:
   (1) Fail to register as a tax preparer with the council.
   (2) Make, or authorize the making of, any statement or
representation, oral or written or recorded by any means, which is
intended to induce persons to use the tax preparation service of the
tax preparer, which statement or representation is fraudulent,
untrue, or misleading.
   (3) Obtain the signature of a customer to a tax return or
authorizing document which contains blank spaces to be filled in
after it has been signed.
   (4) Fail or refuse to give a customer, for his or her own records,
a copy of any document requiring the customer's signature, within a
reasonable time after the customer signs the document.
   (5) Fail to maintain a copy of any tax return prepared for a
customer for four years from the date of completion or the due date
of the return, whichever is later.
   (6) Engage in advertising practices which are fraudulent, untrue,
or misleading, including, but not limited to, assertions that the
bond required by Section 22250 in any way implies licensure or
endorsement of a tax preparer by the State of California.
   (7) Violate Section 17530.5 or 17530.6.
   (8) Violate Section 7216 of Title 26 of the United States Code.
   (9) Fail to sign a customer's tax return when payment for services
rendered has been made.
   (10) Fail to return, upon the demand by or on behalf of a
customer, records or other data provided to the tax preparer by the
customer.
   (11) Knowingly give false or misleading information to the
consumer pursuant to Section 22252, or give false or misleading
information to the surety company pursuant to subdivision (a) of
Section 22250, or give false or misleading information to the
California Tax Education Council pursuant to Section 22255.
   (b) Each violation of this section constitutes a separate offense.

  SEC. 47.  Section 22253.2 is added to the Business and Professions
Code, to read:
   22253.2.  (a) The Franchise Tax Board may notify the California
Tax Education Council when it identifies an individual who has
violated paragraph (1) of subdivision (a) of Section 22253.
   (b) The California Tax Education Council shall then notify the
Attorney General, a district attorney, or a city attorney.  Those
entities may do any of the following:
   (1) Cite individuals preparing tax returns in violation of
subdivision (a) of Section 22253.
   (2) Levy a fine up to one thousand dollars ($1,000) per violation.

   (3) Issue a cease and desist order, which shall remain in effect
until the individual has come into compliance with the provisions of
paragraph (1) of subdivision (a) of Section 22253.
   (c) The California Tax Education Council may enter into an
agreement with the Franchise Tax Board to provide reimbursement to
the Franchise Tax Board for any expenses incurred by the Franchise
Tax Board to implement this section.
  SEC. 48.  Section 123105 of the Health and Safety Code is amended
to read:
   123105.  As used in this chapter:
   (a) "Health care provider" means any of the following:
   (1) A health facility licensed pursuant to Chapter 2 (commencing
with Section 1250) of Division 2.
   (2) A clinic licensed pursuant to Chapter 1 (commencing with
Section 1200) of Division 2.
   (3) A home health agency licensed pursuant to Chapter 8
(commencing with Section 1725) of Division 2.
   (4) A physician and surgeon licensed pursuant to Chapter 5
(commencing with Section 2000) of Division 2 of the Business and
Professions Code or pursuant to the Osteopathic Act.
   (5) A podiatrist licensed pursuant to Article 22 (commencing with
Section 2460) of Chapter 5 of Division 2 of the Business and
Professions Code.
   (6) A dentist licensed pursuant to Chapter 4 (commencing with
Section 1600) of Division 2 of the Business and Professions Code.
   (7) A psychologist licensed pursuant to Chapter 6.6 (commencing
with Section 2900) of Division 2 of the Business and Professions
Code.
   (8) An optometrist licensed pursuant to Chapter 7 (commencing with
Section 3000) of Division 2 of the Business and Professions Code.
   (9) A chiropractor licensed pursuant to the Chiropractic
Initiative Act.
   (10) A marriage, family, and child counselor licensed pursuant to
Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code.
   (11) A clinical social worker licensed pursuant to Chapter 14
(commencing with Section 4990) of Division 2 of the Business and
Professions Code.
   (12) A physical therapist licensed pursuant to Chapter 5.7
(commencing with Section 2600) of Division 2 of the Business and
Professions Code.
   (b) "Mental health records" means patient records, or discrete
portions thereof, specifically relating to evaluation or treatment of
a mental disorder.  "Mental health records" includes, but is not
limited to, all alcohol and drug abuse records.
   (c) "Patient" means a patient or former patient of a health care
provider.
   (d) "Patient records" means records in any form or medium
maintained by, or in the custody or control of, a health care
provider relating to the health history, diagnosis, or condition of a
patient, or relating to treatment provided or proposed to be
provided to the patient.  "Patient records" includes only records
pertaining to the patient requesting the records or whose
representative requests the records.  "Patient records" does not
include information given in confidence to a health care provider by
a person other than another health care provider or the patient, and
that material may be removed from any records prior to inspection or
copying under Section 123110 or 123115.  "Patient records" does not
include information contained in aggregate form, such as indices,
registers, or logs.
   (e) "Patient's representative" or "representative" means a parent
or the guardian of a minor who is a patient, or the guardian or
conservator of the person of an adult patient, or the beneficiary or
personal representative of a deceased patient.
   (f) "Alcohol and drug abuse records" means patient records, or
discrete portions thereof, specifically relating to evaluation and
treatment of alcoholism or drug abuse.
  SEC. 49.  Section 123105 of the Health and Safety Code is amended
to read:
   123105.  As used in this chapter:
   (a) "Health care provider" means any of the following:
   (1) A health facility licensed pursuant to Chapter 2 (commencing
with Section 1250) of Division 2.
   (2) A clinic licensed pursuant to Chapter 1 (commencing with
Section 1200) of Division 2.
   (3) A home health agency licensed pursuant to Chapter 8
(commencing with Section 1725) of Division 2.
   (4) A physician and surgeon licensed pursuant to Chapter 5
(commencing with Section 2000) of Division 2 of the Business and
Professions Code or pursuant to the Osteopathic Act.
   (5) A podiatrist licensed pursuant to Article 22 (commencing with
Section 2460) of Chapter 5 of Division 2 of the Business and
Professions Code.
   (6) A dentist licensed pursuant to Chapter 4 (commencing with
Section 1600) of Division 2 of the Business and Professions Code.
   (7) A psychologist licensed pursuant to Chapter 6.6 (commencing
with Section 2900) of Division 2 of the Business and Professions
Code.
   (8) An optometrist licensed pursuant to Chapter 7 (commencing with
Section 3000) of Division 2 of the Business and Professions Code.
   (9) A chiropractor licensed pursuant to the Chiropractic
Initiative Act.
   (10) A marriage and family therapist licensed pursuant to Chapter
13 (commencing with Section 4980) of Division 2 of the Business and
Professions Code.
   (11) A clinical social worker licensed pursuant to Chapter 14
(commencing with Section 4990) of Division 2 of the Business and
Professions Code.
   (12) A physical therapist licensed pursuant to Chapter 5.7
(commencing with Section 2600) of Division 2 of the Business and
Professions Code.
   (b) "Mental health records" means patient records, or discrete
portions thereof, specifically relating to evaluation or treatment of
a mental disorder.  "Mental health records" includes, but is not
limited to, all alcohol and drug abuse records.
   (c) "Patient" means a patient or former patient of a health care
provider.
   (d) "Patient records" means records in any form or medium
maintained by, or in the custody or control of, a health care
provider relating to the health history, diagnosis, or condition of a
patient, or relating to treatment provided or proposed to be
provided to the patient.  "Patient records" includes only records
pertaining to the patient requesting the records or whose
representative requests the records.  "Patient records" does not
include information given in confidence to a health care provider by
a person other than another health care provider or the patient, and
that material may be removed from any records prior to inspection or
copying under Section 123110 or 123115.  "Patient records" does not
include information contained in aggregate form, such as indices,
registers, or logs.
   (e) "Patient's representative" or "representative" means a parent
or the guardian of a minor who is a patient, or the guardian or
conservator of the person of an adult patient, or the beneficiary or
personal representative of a deceased patient.
   (f) "Alcohol and drug abuse records" means patient records, or
discrete portions thereof, specifically relating to evaluation and
treatment of alcoholism or drug abuse.
  SEC. 50.  (a) Section 2.5 of this bill incorporates amendments to
Section 800 of the Business and Professions Code proposed by both
this bill and SB 1950.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2003,
(2) each bill amends Section 800 of the Business and Professions
Code, and (3) this bill is enacted after SB 1950, in which case
Section 2 of this bill shall not become operative.
   (b) Section 46.5 of this bill incorporates amendments to Section
123105 of the Health and Safety Code proposed by both this bill and
SB 2026.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2003, (2) each
bill amends Section 123105 of the Health and Safety Code, and (3)
this bill is enacted after SB 2026, in which case Section 46 of this
bill shall not become operative.