BILL NUMBER: SB 363 CHAPTERED
BILL TEXT
CHAPTER 874
FILED WITH SECRETARY OF STATE OCTOBER 12, 2003
APPROVED BY GOVERNOR OCTOBER 12, 2003
PASSED THE SENATE SEPTEMBER 9, 2003
PASSED THE ASSEMBLY AUGUST 28, 2003
AMENDED IN ASSEMBLY JULY 24, 2003
AMENDED IN ASSEMBLY JUNE 26, 2003
AMENDED IN SENATE APRIL 24, 2003
INTRODUCED BY Senator Figueroa
(Coauthors: Senators Aanestad and Vincent)
(Coauthors: Assembly Members Correa, Nation, and Runner)
FEBRUARY 19, 2003
An act to amend Sections 144, 473, 2307, 3740, 4980.34, 4980.40,
4980.41, 4980.50, 4980.54, 4980.80, 4984.4, 4996.1, 4996.6, 4996.17,
5801, 5810, 7069, 7607, 7631, 7632, 7649, 7706, 7725, 7887, 9653,
9719, 9768, 9788, and 22251 of, to add Sections 2029, 2488, and
9781.5 to, and to repeal and add Section 5811 of, the Business and
Professions Code, and to amend Sections 7053 and 8277 of the Health
and Safety Code, relating to professions and vocations, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 363, Figueroa. Department of Consumer Affairs regulation.
(1) Existing law requires specified regulatory boards within the
Department of Consumer Affairs to obtain fingerprints from a
licensing applicant to conduct a criminal history check.
This bill would extend this requirement to the Bureau of
Naturopathic Medicine and, effective July 1, 2004, to the Contractor'
s State License Board and the Structural Pest Control Board.
(2) Existing law establishes the Joint Legislative Sunset Review
Committee and authorizes the committee to act until January 1, 2004.
This bill would extend the committee's authority to January 1,
2012.
(3) Existing law, the Medical Practice Act, creates the Medical
Board of California and makes it responsible, through its Division of
Medical Quality, for disciplining a physician and surgeon for acts
of unprofessional conduct. Under the act, a physician and surgeon
whose certificate is revoked, suspended, or placed on probation for
unprofessional conduct may petition for reinstatement or modification
after a specified time period. The act also creates within the
board's jurisdiction, the California Board of Podiatric Medicine.
Under existing law, upon the recommendation of that board, the
Division of Licensing of the Medical Board of California is required
to issue a certificate to practice podiatric medicine to an applicant
who meets specified criteria.
This bill would require the Medical Board of California to
maintain for 10 years a complaint regarding poor care rendered by a
physician and surgeon. The bill would authorize a person who
surrendered his or her physician's and surgeon's certificate while
under investigation or while charges were pending to petition for its
reinstatement. The bill would also require the Division of
Licensing of the Medical Board of California to issue upon the
recommendation of the Board of Podiatric Medicine, a certificate to
practice podiatric medicine to a person licensed by another state who
meets specified criteria.
(4) Existing law, the Respiratory Care Practice Act, creates the
Respiratory Care Board of California and makes it responsible for
enforcing and administering the act's requirements. The act
specifies licensing requirements for its licensees.
This bill would revise certain of those specified licensing
requirements.
(5) Existing law creates the Board of Behavioral Services and
makes it responsible for licensing and regulating the practices of
marriage and family therapy and social work.
This bill would revise the licensing examination requirements for
these practices.
(6) Existing law defines certified interior designers and interior
design organizations, and permits a certified interior designer to
obtain and use a stamp identifying the designer. All documents
submitted to a government regulatory agency by a certified interior
designer must be affixed by the stamp. The provisions governing
certified interior designers will be repealed on January 1, 2004.
This bill would extend the repeal date of these provisions to
January 1, 2006. The bill would additionally revise the obligations
of an interior design organization issuing the stamps.
(7) Existing law, the Contractors' State License Law, creates the
Contractors' State License Board that is responsible for issuing a
contractor's license to qualified applicants. Under the law, an
applicant is required beginning on January 1, 2004, to submit a set
of fingerprints to the board for purposes of conducting a criminal
history record check.
This bill would delay the effective date of this requirement to
July 1, 2004.
(8) Existing law, the Funeral Directors and Embalmers Law, makes
the Cemetery and Funeral Bureau responsible for licensing and
regulating the practice of a funeral director. The law makes a
violation of its provisions a crime.
This bill would extend the bureau's inspection authority to
include premises where human remains are stored and would also revise
specified licensing provisions. The bill would expand certain
regulatory provisions under the act. Because the violation of these
requirements would be a crime, the bill would impose a state-mandated
local program.
(9) Existing law, the Geologist and Geophysicist Act, creates the
Board for Geologists and Geophysicists and makes it responsible for
licensing and regulating the practices of geology and geophysics.
Under the act, the board is required to fix licensure fees at
designated amounts. The act requires that these fees be deposited
into the Geology and Geophysics Fund, which is continuously
appropriated.
This bill would increase the amount fixed by the board for the
renewal of specified licenses under the act. Because the bill would
increase the amount of fee revenue deposited in a continuously
appropriated fund, it would make an appropriation.
(10) Existing law imposes specified requirements on a tax preparer
and defines terms for those purposes. Under existing law the term
"council" is defined as the California Tax Education Council, and the
definition describes certain characteristics of the entities that
compose the council.
This bill would revise the description of certain characteristics
of the entities that compose the council.
(11) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 144 of the Business and Professions Code is
amended to read:
144. (a) Notwithstanding any other provision of law, an agency
designated in subdivision (b) shall require an applicant to furnish
to the agency a full set of fingerprints for purposes of conducting
criminal history record checks. Any agency designated in subdivision
(b) may obtain and receive, at its discretion, criminal history
information from the Department of Justice and the United States
Federal Bureau of Investigation.
(b) Subdivision (a) applies to the following :
(1) California Board of Accountancy.
(2) State Athletic Commission.
(3) Board of Behavioral Sciences.
(4) Court Reporters Board of California.
(5) State Board of Guide Dogs for the Blind.
(6) California State Board of Pharmacy.
(7) Board of Registered Nursing.
(8) Veterinary Medical Board.
(9) Registered Veterinary Technician Committee.
(10) Board of Vocational Nursing and Psychiatric Technicians.
(11) Respiratory Care Board of California.
(12) Hearing Aid Dispensers Advisory Commission.
(13) Physical Therapy Board of California.
(14) Physician Assistant Committee of the Medical Board of
California.
(15) Speech-Language Pathology and Audiology Board.
(16) Medical Board of California.
(17) State Board of Optometry.
(18) Acupuncture Board.
(19) Cemetery and Funeral Bureau.
(20) Bureau of Security and Investigative Services.
(21) Division of Investigation.
(22) Board of Psychology.
(23) The California Board of Occupational Therapy.
(24) Structural Pest Control Board.
(25) Contractors' State License Board.
(26) Bureau of Naturopathic Medicine.
(c) The provisions of paragraphs (24) and (25) of subdivision (b)
shall become operative on July 1, 2004.
SEC. 2. Section 473 of the Business and Professions Code is
amended to read:
473. (a) There is hereby established the Joint Legislative Sunset
Review Committee.
(b) The Joint Legislative Sunset Review Committee shall consist of
three members appointed by the Senate Committee on Rules and three
members appointed by the Speaker of the Assembly. No more than two
of the three members appointed from either the Senate or the Assembly
shall be from the same party. The Joint Rules Committee shall
appoint the chairperson of the committee.
(c) The Joint Legislative Sunset Review Committee shall have and
exercise all of the rights, duties, and powers conferred upon
investigating committees and their members by the Joint Rules of the
Senate and Assembly as they are adopted and amended from time to
time, which provisions are incorporated herein and made applicable to
this committee and its members.
(d) The Speaker of the Assembly and the Senate Committee on Rules
may designate staff for the Joint Legislative Sunset Review
Committee.
(e) The Joint Legislative Sunset Review Committee is authorized to
act until January 1, 2012, at which time the committee's existence
shall terminate.
SEC. 3. Section 2029 is added to the Business and Professions
Code, to read:
2029. The board shall keep a copy of a complaint it receives
regarding the poor quality of care rendered by a licensee for 10
years from the date the board receives the complaint. For retrieval
purposes, these complaints shall be filed by the licensee's name and
license number.
SEC. 4. Section 2307 of the Business and Professions Code is
amended to read:
2307. (a) A person whose certificate has been surrendered while
under investigation or while charges are pending or whose certificate
has been revoked or suspended or placed on probation, may petition
the Division of Medical Quality for reinstatement or modification of
penalty, including modification or termination of probation.
(b) The person may file the petition after a period of not less
than the following minimum periods have elapsed from the effective
date of the surrender of the certificate or the decision ordering
that disciplinary action:
(1) At least three years for reinstatement of a license
surrendered or revoked for unprofessional conduct, except that the
division may, for good cause shown, specify in a revocation order
that a petition for reinstatement may be filed after two years.
(2) At least two years for early termination of probation of three
years or more.
(3) At least one year for modification of a condition, or
reinstatement of a license surrendered or revoked for mental or
physical illness, or termination of probation of less than three
years.
(c) The petition shall state any facts as may be required by the
division. The petition shall be accompanied by at least two verified
recommendations from physicians and surgeons licensed by the board
who have personal knowledge of the activities of the petitioner since
the disciplinary penalty was imposed.
(d) The petition may be heard by a panel of the division. The
division may assign the petition to an administrative law judge
designated in Section 11371 of the Government Code. After a hearing
on the petition, the administrative law judge shall provide a
proposed decision to the division or the California Board of
Podiatric Medicine, as applicable, which shall be acted upon in
accordance with Section 2335.
(e) The panel of the division or the administrative law judge
hearing the petition may consider all activities of the petitioner
since the disciplinary action was taken, the offense for which the
petitioner was disciplined, the petitioner's activities during the
time the certificate was in good standing, and the petitioner's
rehabilitative efforts, general reputation for truth, and
professional ability. The hearing may be continued from time to time
as the administrative law judge designated in Section 11371 of the
Government Code finds necessary.
(f) The administrative law judge designated in Section 11371 of
the Government Code reinstating a certificate or modifying a penalty
may recommend the imposition of any terms and conditions deemed
necessary.
(g) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole. No petition
shall be considered while there is an accusation or petition to
revoke probation pending against the person. The division may deny
without a hearing or argument any petition filed pursuant to this
section within a period of two years from the effective date of the
prior decision following a hearing under this section.
(h) This section is applicable to and may be carried out with
regard to licensees of the California Board of Podiatric Medicine.
In lieu of two verified recommendations from physicians and surgeons,
the petition shall be accompanied by at least two verified
recommendations from podiatrists licensed by the board who have
personal knowledge of the activities of the petitioner since the date
the disciplinary penalty was imposed.
(i) Nothing in this section shall be deemed to alter Sections 822
and 823 of the Business and Professions Code.
SEC. 4.5. Section 2488 is added to the Business and Professions
Code, to read:
2488. Notwithstanding any other provision of law, the division
shall issue, upon the recommendation of the board, a certificate to
practice podiatric medicine by credentialing if the applicant is
licensed as a doctor of podiatric medicine in any other state and
meets all of the following requirements:
(a) The applicant has graduated from an approved school or college
of podiatric medicine.
(b) The applicant, within the past 10 years, has passed either
part III of the examination administered by the National Board of
Podiatric Medical Examiners of the United States or 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 a postgraduate
training program approved by the Council on Podiatric Medical
Education.
(d) The applicant, within the past 10 years, has passed 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 data bank report regarding the applicant has
been submitted to the board directly from the Federation of Podiatric
Medical Boards.
SEC. 5. 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 an
education program for respiratory care that is accredited by the
Commission on Accreditation of Allied Health Education Programs and
been awarded a minimum of an associate degree from an institution or
university accredited by a regional accreditation agency or
association recognized by the United States Department of Education.
(b) Notwithstanding subdivision (a), meeting the following
qualifications shall be deemed equivalent to the required education:
(1) Enrollment in a baccalaureate degree program in an institution
or university accredited by a regional accreditation agency or
association recognized by the United States Department of Education.
(2) Completion of science, general academic, and respiratory
therapy coursework 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 that does not meet the requirements in
subdivision (a) or (b), shall enroll in an advanced standing and
approved respiratory educational program for evaluation of his or her
education and training and furnish documentary evidence,
satisfactory to the board, that he or she satisfies all of the
following requirements:
(1) Holds an associate degree or higher level degree equivalent to
that required in subdivision (a) or (b).
(2) Completion of a respiratory therapy educational program
equivalent to that required in subdivision (a) or (b).
(3) Possession of knowledge and skills to competently and safely
practice respiratory care in accordance with national standards.
(d) Notwithstanding subdivision (c), an applicant whose
application is based on education provided by a Canadian institution
or university that does not meet the requirements in subdivision (a)
or (b) shall furnish documentary evidence, satisfactory to the board,
that he or she satisfies both of the following requirements:
(1) Holds a degree equivalent to that required in subdivision (a)
or (b).
(2) Completion of a respiratory therapy educational program
recognized by the Canadian Board of Respiratory Care.
(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, including modalities and
advancements in technology, received by the applicant or the courses
were not equivalent to that required by the board.
SEC. 6. Section 4980.34 of the Business and Professions Code is
amended to read:
4980.34. It is the intent of the Legislature that the board
employ its resources for each and all of the following functions:
(a) The licensing of marriage and family therapists, clinical
social workers, and educational psychologists.
(b) The development and administration of licensing examinations
and examination procedures, as specified, consistent with prevailing
standards for the validation and use of licensing and certification
tests. Examinations shall measure knowledge and abilities
demonstrably important to the safe, effective practice of the
profession.
(c) Enforcement of laws designed to protect the public from
incompetent, unethical, or unprofessional practitioners.
(d) Consumer education.
SEC. 7. Section 4980.40 of the Business and Professions Code is
amended to read:
4980.40. To qualify for a license, an applicant shall have all
the following qualifications:
(a) Applicants applying for licensure on or after January 1, 1988,
shall possess a doctor's or master's degree in marriage, family, and
child counseling, marital and family therapy, psychology, clinical
psychology, counseling psychology, or counseling with an emphasis in
either marriage, family, and child counseling or marriage and family
therapy, obtained from a school, college, or university accredited by
the Western Association of Schools and Colleges, or approved by the
Bureau for Private Postsecondary and Vocational Education. The board
has the authority to make the final determination as to whether a
degree meets all requirements, including, but not limited to, course
requirements regardless of accreditation or approval. For purposes
of this chapter, the term "approved by the Bureau for Private
Postsecondary and Vocational Education" shall mean unconditional
approval existing at the time of the applicant's graduation from the
school, college, or university. In order to qualify for licensure
pursuant to this subdivision, any doctor's or master's degree program
shall be a single, integrated program primarily designed to train
marriage and family therapists and shall contain no less than 48
semester or 72 quarter units of instruction. The instruction shall
include no less than 12 semester units or 18 quarter units of
coursework in the areas of marriage, family, and child counseling,
and marital and family systems approaches to treatment.
The coursework shall include all of the following areas:
(1) The salient theories of a variety of psychotherapeutic
orientations directly related to marriage and family therapy, and
marital and family systems approaches to treatment.
(2) Theories of marriage and family therapy and how they can be
utilized in order to intervene therapeutically with couples,
families, adults, children, and groups.
(3) Developmental issues and life events from infancy to old age
and their effect upon individuals, couples, and family relationships.
This may include coursework that focuses on specific family life
events and the psychological, psychotherapeutic, and health
implications that arise within couples and families, including, but
not limited to, childbirth, child rearing, childhood, adolescence,
adulthood, marriage, divorce, blended families, stepparenting, and
geropsychology.
(4) A variety of approaches to the treatment of children.
The board shall, by regulation, set forth the subjects of
instruction required in this subdivision.
(b) (1) In addition to the 12 semester or 18 quarter units of
coursework specified above, the doctor's or master's degree program
shall contain not less than six semester or nine quarter units of
supervised practicum in applied psychotherapeutic techniques,
assessment, diagnosis, prognosis, and treatment of premarital,
couple, family, and child relationships, including dysfunctions,
healthy functioning, health promotion, and illness prevention, in a
supervised clinical placement that provides supervised fieldwork
experience within the scope of practice of a marriage and family
therapist.
(2) For applicants who enrolled in a degree program on or after
January 1, 1995, the practicum shall include a minimum of 150 hours
of face-to-face experience counseling individuals, couples, families,
or groups.
(3) (A) Supervised practicum hours, as specified in this
subdivision, shall be evaluated, accepted, and credited as hours for
trainee experience by the board.
(B) The practicum hours shall be considered as part of the 48
semester or 72 quarter unit requirement.
(c) As an alternative to meeting the qualifications specified in
subdivision (a), the board shall accept as equivalent degrees, those
master's or doctor's degrees granted by educational institutions
whose degree program is approved by the Commission on Accreditation
for Marriage and Family Therapy Education.
(d) All applicants shall, in addition, complete the coursework or
training specified in Section 4980.41.
(e) All applicants shall be at least 18 years of age.
(f) All applicants shall have at least two years' experience that
meets the requirements of this chapter in interpersonal
relationships, marriage and family therapy and psychotherapy under
the supervision of a licensed marriage and family therapist, licensed
clinical social worker, licensed psychologist, or a licensed
physician certified in psychiatry by the American Board of Psychiatry
and Neurology. Experience shall not be gained under the supervision
of an individual who has provided therapeutic services to that
applicant. For those supervisorial relationships in effect on or
before December 31, 1988, and which remain in continuous effect
thereafter, experience may be gained under the supervision of a
licensed physician who has completed a residency in psychiatry. Any
person supervising another person pursuant to this subdivision shall
have been licensed or certified for at least two years prior to
acting as a supervisor, shall have a current and valid license that
is not under suspension or probation, and shall meet the requirements
established by regulations.
(g) The applicant shall pass a board administered written or oral
examination or both examinations. An applicant who has successfully
passed a previously administered written examination may be
subsequently required to take and pass another written examination.
(h) The applicant shall not have committed acts or crimes
constituting grounds for denial of licensure under Section 480. The
board shall not issue a registration or license to any person who has
been convicted of any crime in this or another state or in a
territory of the United States that involves sexual abuse of children
or who is required to register pursuant to Section 290 of the Penal
Code or the equivalent in another state or territory.
(i) (1) An applicant applying for intern registration who, prior
to December 31, 1987, met the qualifications for registration, but
who failed to apply or qualify for intern registration may be granted
an intern registration if the applicant meets all of the following
criteria:
(A) The applicant possesses a doctor's or master's degree in
marriage, family, and child counseling, marital and family therapy,
psychology, clinical psychology, counseling psychology, counseling
with an emphasis in marriage, family, and child counseling, or social
work with an emphasis in clinical social work obtained from a
school, college, or university currently conferring that degree that,
at the time the degree was conferred, was accredited by the Western
Association of Schools and Colleges, and where the degree conferred
was, at the time it was conferred, specifically intended to satisfy
the educational requirements for licensure by the Board of Behavioral
Sciences.
(B) The applicant's degree and the course content of the
instruction underlying that degree have been evaluated by the chief
academic officer of a school, college, or university accredited by
the Western Association of Schools and Colleges to determine the
extent to which the applicant's degree program satisfies the current
educational requirements for licensure, and the chief academic
officer certifies to the board the amount and type of instruction
needed to meet the current requirements.
(C) The applicant completes a plan of instruction that has been
approved by the board at a school, college, or university accredited
by the Western Association of Schools and Colleges that the chief
academic officer of the educational institution has, pursuant to
subparagraph (B), certified will meet the current educational
requirements when considered in conjunction with the original degree.
(2) A person applying under this subdivision shall be considered a
trainee, as that term is defined in Section 4980.03, once he or she
is enrolled to complete the additional coursework necessary to meet
the current educational requirements for licensure.
(j) An applicant for licensure trained in an educational
institution outside the United States shall demonstrate to the
satisfaction of the board that he or she possesses a qualifying
degree that is equivalent to a degree earned from a school, college,
or university accredited by the Western Association of Schools and
Colleges, or approved by the Bureau of Private Postsecondary and
Vocational Education. These applicants shall provide the board with
a comprehensive evaluation of the degree performed by a foreign
credential evaluation service that is a member of the National
Association of Credential Evaluation Services (NACES), and shall
provide any other documentation the board deems necessary.
SEC. 8. Section 4980.41 of the Business and Professions Code is
amended to read:
4980.41. All applicants for licensure shall complete the
following coursework or training in order to be eligible to sit for
the licensing examinations as specified in subdivision (g) of Section
4980.40:
(a) A two semester or three quarter unit course in California law
and professional ethics for marriage and family therapists, which
shall include, but not be limited to, the following areas of study:
(1) Contemporary professional ethics and statutory, regulatory,
and decisional laws that delineate the profession's scope of
practice.
(2) The therapeutic, clinical, and practical considerations
involved in the legal and ethical practice of marriage and family
therapy, including family law.
(3) The current legal patterns and trends in the mental health
profession.
(4) The psychotherapist/patient privilege, confidentiality, the
patient dangerous to self or others, and the treatment of minors with
and without parental consent.
(5) A recognition and exploration of the relationship between a
practitioner's sense of self and human values and his or her
professional behavior and ethics.
This course may be considered as part of the 48 semester or 72
quarter unit requirements contained in Section 4980.40.
(b) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28 and
any regulations promulgated thereunder.
(c) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder. When coursework in a master's or doctor's
degree program is acquired to satisfy this requirement, it shall be
considered as part of the 48 semester or 72 quarter unit requirement
contained in Section 4980.40.
(d) For persons who began graduate study on or after January 1,
1986, a master's or doctor's degree qualifying for licensure shall
include specific instruction in alcoholism and other chemical
substance dependency as specified by regulation. When coursework in
a master's or doctor's degree program is acquired to satisfy this
requirement, it shall be considered as part of the 48 semester or 72
quarter unit requirement contained in Section 4980.40.
(e) For persons who began graduate study during the period
commencing on January 1, 1995, and ending on December 31, 2003, a
master's or doctor's degree qualifying for licensure shall include
coursework in spousal or partner abuse assessment, detection, and
intervention. For persons who began graduate study on or after
January 1, 2004, a master's or doctor's degree qualifying for
licensure shall include a minimum of 15 contact hours of coursework
in spousal or partner abuse assessment, detection, and intervention
strategies, including knowledge of community resources, cultural
factors, and same gender abuse dynamics. Coursework required under
this subdivision may be satisfactory if taken either in fulfillment
of other educational requirements for licensure or in a separate
course. The requirement for coursework shall be satisfied by, and
the board shall accept in satisfaction of the requirement, a
certification from the chief academic officer of the educational
institution from which the applicant graduated that the required
coursework is included within the institution's required curriculum
for graduation.
(f) For persons who began graduate study on or after January 1,
2001, an applicant shall complete a minimum of a two semester or
three quarter unit survey course in psychological testing. When
coursework in a master's or doctor's degree program is acquired to
satisfy this requirement, it may be considered as part of the 48
semester or 72 quarter unit requirement of Section 4980.40.
(g) For persons who began graduate study on or after January 1,
2001, an applicant shall complete a minimum of a two semester or
three quarter unit survey course in psychopharmacology. When
coursework in a master's or doctor's degree program is acquired to
satisfy this requirement, it may be considered as part of the 48
semester or 72 quarter unit requirement of Section 4980.40.
(h) The requirements added by
subdivisions (f) and (g) are intended to improve the educational
qualifications for licensure in order to better prepare future
licentiates for practice, and are not intended in any way to expand
or restrict the scope of licensure for marriage and family
therapists.
SEC. 9. Section 4980.50 of the Business and Professions Code is
amended to read:
4980.50. (a) Every applicant who meets the educational and
experience requirements and applies for a license as a marriage and
family therapist shall be examined by the board. The examinations
shall be as set forth in subdivision (g) of Section 4980.40. The
examinations shall be given at least twice a year at a time and place
and under supervision as the board may determine. The board shall
examine the candidate with regard to his or her knowledge and
professional skills and his or her judgment in the utilization of
appropriate techniques and methods.
(b) The board shall not deny any applicant, who has submitted a
complete application for examination, admission to the licensure
examinations required by this section if the applicant meets the
educational and experience requirements of this chapter, and has not
committed any acts or engaged in any conduct which would constitute
grounds to deny licensure.
(c) The board shall not deny any applicant, whose application for
licensure is complete, admission to the written examination, nor
shall the board postpone or delay any applicant's written examination
or delay informing the candidate of the results of any written
examination, solely upon the receipt by the board of a complaint
alleging acts or conduct which would constitute grounds to deny
licensure.
(d) If an applicant for examination who has passed the written
examination is the subject of a complaint or is under board
investigation for acts or conduct that, if proven to be true, would
constitute grounds for the board to deny licensure, the board shall
permit the applicant to take the oral examination for licensure, but
may withhold the results of the examination or notify the applicant
that licensure will not be granted pending completion of the
investigation.
(e) Notwithstanding Section 135, the board may deny any applicant
who has previously failed either the written or oral examination
permission to retake either examination pending completion of the
investigation of any complaints against the applicant. Nothing in
this section shall prohibit the board from denying an applicant
admission to any examination, withholding the results, or refusing to
issue a license to any applicant when an accusation or statement of
issues has been filed against the applicant pursuant to Sections
11503 and 11504 of the Government Code, respectively, or the
applicant has been denied in accordance with subdivision (b) of
Section 485.
(f) Notwithstanding any other provision of law, the board may
destroy all written and oral examination materials two years
following the date of the examination.
(g) On or after January 1, 2002, no applicant shall be eligible to
participate in an oral examination if his or her passing score on
the written examination occurred more than seven years before.
(h) An applicant who has qualified pursuant to this chapter shall
be issued a license as a marriage and family therapist in the form
that the board may deem appropriate.
SEC. 10. Section 4980.54 of the Business and Professions Code is
amended to read:
4980.54. (a) The Legislature recognizes that the education and
experience requirements in this chapter constitute only minimal
requirements to assure that an applicant is prepared and qualified to
take the licensure examinations as specified in subdivision (g) of
Section 4980.40 and, if he or she passes those examinations, to begin
practice.
(b) In order to continuously improve the competence of licensed
marriage and family therapists and as a model for all
psychotherapeutic professions, the Legislature encourages all
licensees to regularly engage in continuing education related to the
profession or scope of practice as defined in this chapter.
(c) (1) Except as provided in subdivision (e), on and after
January 1, 2000, the board shall not renew any license pursuant to
this chapter unless the applicant certifies to the board, on a form
prescribed by the board, that he or she has completed not less than
36 hours of approved continuing education in or relevant to the field
of marriage and family therapy in the preceding two years, as
determined by the board.
(2) For those persons renewing during 1999, the board shall not
renew any license pursuant to this chapter unless the applicant
certifies to the board, on a form prescribed by the board, that he or
she has completed not less than 18 hours of approved continuing
education in or relevant to the field of marriage and family therapy,
as determined by the board. The coursework of continuing education
described in this paragraph may be taken on or after the effective
date of the continuing education regulations adopted by the board
pursuant to the other provisions of this section.
(d) The board shall have the right to audit the records of any
applicant to verify the completion of the continuing education
requirement. Applicants shall maintain records of completion of
required continuing education coursework for a minimum of two years
and shall make these records available to the board for auditing
purposes upon request.
(e) The board may establish exceptions from the continuing
education requirements of this section for good cause, as defined by
the board.
(f) The continuing education shall be obtained from one of the
following sources:
(1) An accredited school or state-approved school that meets the
requirements set forth in Section 4980.40. Nothing in this paragraph
shall be construed as requiring coursework to be offered as part of
a regular degree program.
(2) Other continuing education providers, including, but not
limited to, a professional marriage and family therapist association,
a licensed health facility, a governmental entity, a continuing
education unit of an accredited four-year institution of higher
learning, or a mental health professional association, approved by
the board.
(3) The board shall establish, by regulation, a procedure for
approving providers of continuing education courses, and all
providers of continuing education, as described in paragraphs (1) and
(2), shall adhere to procedures established by the board. The board
may revoke or deny the right of a provider to offer continuing
education coursework pursuant to this section for failure to comply
with the requirements of this section or any regulation adopted
pursuant to this section.
(g) Training, education, and coursework by approved providers
shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the
understanding or the practice of marriage and family therapy.
(2) Aspects of the discipline of marriage and family therapy in
which significant recent developments have occurred.
(3) Aspects of other disciplines that enhance the understanding or
the practice of marriage and family therapy.
(h) A system of continuing education for licensed marriage and
family therapists shall include courses directly related to the
diagnosis, assessment, and treatment of the client population being
served.
(i) On and after January 1, 1997, the board shall, by regulation,
fund the administration of this section through continuing education
provider fees to be deposited in the Behavioral Sciences Fund. The
fees related to the administration of this section shall be
sufficient to meet, but shall not exceed, the costs of administering
the corresponding provisions of this section. For purposes of this
subdivision, a provider of continuing education as described in
paragraph (1) of subdivision (f) shall be deemed to be an approved
provider.
(j) The continuing education requirements of this section shall
comply fully with the guidelines for mandatory continuing education
established by the Department of Consumer Affairs pursuant to Section
166.
SEC. 11. Section 4980.80 of the Business and Professions Code is
amended to read:
4980.80. The board may issue a license to any person who, at the
time of application, has held for at least two years a valid license
issued by a board of marriage counselor examiners, marriage therapist
examiners, or corresponding authority of any state, if the education
and supervised experience requirements are substantially the
equivalent of this chapter and the person successfully completes the
board administered licensing examinations as specified by subdivision
(g) of Section 4980.40 and pays the fees specified. Issuance of the
license is further conditioned upon the person's completion of the
following coursework or training:
(a) A two semester or three quarter unit course in California law
and professional ethics for marriage, family, and child counselors
that shall include areas of study as specified in Section 4980.41.
(b) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28 and
any regulations promulgated thereunder.
(c) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25 and any regulations
promulgated thereunder.
(d) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency as specified by
regulation.
(e) (1) Instruction in spousal or partner abuse assessment,
detection, and intervention. This instruction may be taken either in
fulfillment of other requirements for licensure or in a separate
course.
(2) On and after January 1, 2004, a minimum of 15 contact hours of
coursework or training in spousal or partner abuse assessment,
detection, and intervention strategies.
(f) On and after January 1, 2003, a minimum of a two semester or
three quarter unit survey course in psychological testing. This
course may be taken either in fulfillment of other requirements for
licensure or in a separate course.
(g) On and after January 1, 2003, a minimum of a two semester or
three quarter unit survey course in psychopharmacology. This course
may be taken either in fulfillment of other requirements for
licensure or in a separate course.
(h) With respect to human sexuality, alcoholism and other chemical
substance dependency, spousal or partner abuse assessment,
detection, and intervention, psychological testing, and
psychopharmacology, the board may accept training or coursework
acquired out of state.
SEC. 12. Section 4984.4 of the Business and Professions Code is
amended to read:
4984.4. A license that is not renewed within five years after its
expiration may not be renewed, restored, reinstated, or reissued
thereafter, but the licensee may apply for and obtain a new license
if:
(a) No fact, circumstance, or condition exists that, if the
license were issued, would justify its revocation or suspension.
(b) He or she pays the fees that would be required if he or she
were applying for a license for the first time.
(c) He or she takes and passes the current licensing examinations
as specified in subdivision (g) of Section 4980.40.
SEC. 13. Section 4996.1 of the Business and Professions Code is
amended to read:
4996.1. The board shall issue a clinical social worker license to
each applicant who qualifies pursuant to this article and
successfully passes a board administered written or oral examination
or both examinations. An applicant who has successfully passed a
previously administered written examination may be subsequently
required to take and pass another written examination.
SEC. 14. Section 4996.6 of the Business and Professions Code is
amended to read:
4996.6. (a) The renewal fee for licenses that expire on or after
January 1, 1996, shall be a maximum of one hundred fifty-five dollars
($155) and shall be collected on a biennial basis by the board in
accordance with Section 152.6. The fees shall be deposited in the
State Treasury to the credit of the Behavioral Sciences Fund.
(b) Licenses issued under this chapter shall expire no more than
24 months after the issue date. The expiration date of the original
license shall be set by the board.
(c) To renew an unexpired license, the licensee shall, on or
before the expiration date of the license, do the following:
(1) Apply for a renewal on a form prescribed by the board.
(2) Pay a two-year renewal fee prescribed by the board.
(3) Certify compliance with the continuing education requirements
set forth in Section 4996.22.
(4) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, or whether any
disciplinary action has been taken by any regulatory or licensing
board in this or any other state, subsequent to the licensee's last
renewal.
(d) If the license is renewed after its expiration, the licensee
shall, as a condition precedent to renewal, also pay a delinquency
fee of seventy-five dollars ($75).
(e) Any person who permits his or her license to become delinquent
may have it restored at any time within five years after its
expiration upon the payment of all fees that he or she would have
paid if the license had not become delinquent, plus the payment of
all delinquency fees.
(f) A license that is not renewed within five years after its
expiration may not be renewed, restored, reinstated, or reissued
thereafter; however, the licensee may apply for and obtain a new
license if:
(1) No fact, circumstance, or condition exists that, if the
license were issued, would justify its revocation or suspension.
(2) He or she pays the fees that would be required if he or she
were applying for a license for the first time.
(3) He or she takes and passes the current licensing examinations
as specified in Section 4996.1.
(g) The fee for issuance of any replacement registration, license,
or certificate shall be twenty dollars ($20).
(h) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
SEC. 15. Section 4996.17 of the Business and Professions Code is
amended to read:
4996.17. (a) Experience gained outside of California shall be
accepted toward the licensure requirements if it is substantially the
equivalent of the requirements of this chapter. The board may issue
a license to any person who, at the time of application, has held a
valid license, issued by a board of clinical social work examiners or
corresponding authority of any state, for two years if the education
and supervised experience requirements are substantially the
equivalent of this chapter and the person successfully completes the
board administered licensing examinations as specified in Section
4996.1 and pays the required fees. Issuance of the license is
conditioned upon the person's completion of the following coursework
and training:
(1) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28, and
any regulations promulgated thereunder.
(2) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(3) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
(4) (A) Instruction in spousal or partner abuse assessment,
detection, and intervention. This instruction may be taken either in
fulfillment of other requirements for licensure or in a separate
course.
(B) On and after January 1, 2004, a minimum of 15 contact hours of
coursework or training in spousal or partner abuse assessment,
detection, and intervention strategies.
(5) With respect to paragraphs (2), (3), and (4), the board may
accept training or coursework acquired out of state.
(b) A person who qualifies for licensure based on experience
gained outside California may apply for and receive an associate
registration to practice clinical social work.
SEC. 16. Section 5801 of the Business and Professions Code is
amended to read:
5801. A certified interior designer may obtain a stamp from an
interior design organization that shall include a number that
uniquely identifies and bears the name of that certified interior
designer. The stamp certifies that the interior designer has
provided the interior design organization with evidence of passage of
an interior design examination approved by that interior design
organization and any of the following:
(a) He or she is a graduate of a four or five-year accredited
interior design degree program, and has two years of diversified
interior design experience.
(b) He or she has completed a three-year accredited interior
design certificate program, and has completed three years of
diversified interior design experience.
(c) He or she has completed a two-year accredited interior design
program and has completed four years of diversified interior design
experience.
(d) He or she has a combination of interior design education and
diversified interior design experience that together total at least
eight years.
SEC. 17. Section 5810 of the Business and Professions Code is
amended to read:
5810. (a) This chapter shall be subject to the review required by
Division 1.2 (commencing with Section 473).
(b) This chapter shall remain in effect only until January 1,
2006, 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. 18. Section 5811 of the Business and Professions Code is
repealed.
SEC. 19. Section 5811 is added to the Business and Professions
Code, to read:
5811. An interior design organization issuing stamps under
Section 5801 shall provide to the Joint Legislative Sunset Review
Committee by September 1, 2005, a report that reviews and assesses
the costs and benefits associated with the California Code and
Regulations Examination and explores feasible alternatives to that
examination.
SEC. 20. Section 7069 of the Business and Professions Code is
amended to read:
7069. (a) An applicant, and each officer, director, partner,
associate and responsible managing employee thereof, shall not have
committed acts or crimes that are grounds for denial of licensure
under Section 480.
(b) As part of an application for a contractor's license, the
board shall require an applicant to furnish a full set of
fingerprints for purposes of conducting a criminal history record
check. Fingerprints furnished pursuant to this subdivision shall be
submitted in an electronic format if readily available. Requests for
alternative methods of furnishing fingerprints are subject to the
approval of the registrar. The board shall use the fingerprints
furnished by an applicant to obtain criminal history information on
the applicant from the Department of Justice and the United States
Federal Bureau of Investigation, and the board may obtain any
subsequent arrest information that is available. This subdivision
shall become operative on July 1, 2004.
SEC. 21. Section 7607 of the Business and Professions Code is
amended to read:
7607. The bureau may inspect the premises in which the business
of a funeral director is conducted, where embalming is practiced, or
where human remains are stored.
SEC. 22. Section 7631 of the Business and Professions Code is
amended to read:
7631. In case of the death of a licensed funeral director who
leaves a funeral establishment as part or all of the assets of his or
her estate, the bureau may issue a temporary license to his or her
legal representative, unless the legal representative has committed
acts or crimes constituting grounds for denial of licensure under
Section 480. A temporary establishment license is valid for six
months from the date of issue. However, upon the petition of the
estate's legal representative, the bureau, in its discretion, may
grant a reasonable extension to allow for the assets of the estate to
be distributed as circumstances warrant.
SEC. 23. Section 7632 of the Business and Professions Code is
amended to read:
7632. Every funeral director shall cause all human remains
embalmed in or at the direction of his or her funeral establishment
to be embalmed by a licensed embalmer, or by an apprentice embalmer
under the supervision of his or her licensed supervising embalmer.
SEC. 24. Section 7649 of the Business and Professions Code is
amended to read:
7649. Except as provided in Section 102805 of the Health and
Safety Code, whenever the name of any licensed embalmer is subscribed
to any certificate, the purport of which is that he or she has
performed any act mentioned in the certificate, the licensed embalmer
shall actually sign his or her name thereto.
SEC. 25. Section 7706 of the Business and Professions Code is
amended to read:
7706. Refusing to surrender promptly the custody of human
remains, the personal effects, and any certificate or permit required
under Division 102 (commencing with Section 102100) of the Health
and Safety Code that is in the possession or control of the licensee
upon the express order of the person lawfully entitled to custody of
the human remains constitutes a ground for disciplinary action.
SEC. 26. Section 7725 of the Business and Professions Code is
amended to read:
7725. A license issued under this chapter shall expire each year
on the last day of the month in which the license was originally
issued. To renew an unexpired license, the licenseholder shall on or
before the date on which it would otherwise expire, apply for
renewal on a form prescribed by the bureau, and pay the renewal fee
prescribed by this chapter.
The bureau shall mail to each licensed funeral establishment,
funeral director, and embalmer, addressed to him or her at his or her
address of record, a notice that a renewal fee is due and payable.
SEC. 27. Section 7887 of the Business and Professions Code is
amended to read:
7887. The amount of the fees prescribed by this chapter shall be
fixed by the board in accordance with the following schedule:
(a) The fee for filing each application for registration as a
geologist or a geophysicist or certification as a specialty geologist
or a specialty geophysicist and for administration of the
examination at not more than two hundred and fifty dollars ($250).
(b) The registration fee for a geologist or for a geophysicist and
the fee for the certification in a specialty shall be fixed at an
amount equal to the renewal fee in effect on the last regular renewal
date before the date on which the certificate is issued, except
that, with respect to certificates that will expire less than one
year after issuance, the fee shall be fixed at an amount equal to 50
percent of the renewal fee in effect on the last regular renewal date
before the date on which the certificate is issued. The board may,
by appropriate regulation, provide for the waiver or refund of the
initial certificate fee where the certificate is issued less than 45
days before the date on which it will expire.
(c) The duplicate certificate fee at not more than six dollars
($6).
(d) The temporary registration fee for a geologist or for a
geophysicist at not more than eighty dollars ($80).
(e) The renewal fee for a geologist or for a geophysicist shall be
fixed by the board at not more than four hundred dollars ($400).
(f) The renewal fee for a specialty geologist or for a specialty
geophysicist at not more than one hundred dollars ($100).
(g) Notwithstanding Section 163.5, the delinquency fee for a
certificate is an amount equal to 50 percent of the renewal fee in
effect on the last regular renewal date.
(h) Each applicant for registration as a geologist shall pay an
examination fee fixed by the board at an amount equal to the actual
cost to the board for the purchase of a national examination for
geologists created by a nationally recognized entity approved by the
board, including a supplemental California specific examination, and
shall not exceed three hundred dollars ($300).
(i) Each applicant for registration as a geophysicist or
certification as an engineering geologist or certification as a
hydrogeologist shall pay an examination fee fixed by the board at an
amount equal to the actual cost to the board for the development and
maintenance of the written examination, and shall not exceed one
hundred dollars ($100).
SEC. 28. Section 9653 of the Business and Professions Code is
amended to read:
9653. (a) In making the examination the bureau:
(1) Shall have free access to the books and records relating to
the trust funds, their collection and investment, and the number of
graves, crypts, and niches under endowment care.
(2) Shall inspect and examine the trust funds to determine their
condition and the existence of the investments.
(3) Shall ascertain if the cemetery corporation has complied with
all the laws applicable to trust funds.
(b) Upon request by the bureau, a cemetery authority shall provide
records to substantiate the expenditures of the income of the trust
funds. If a cemetery authority fails to reasonably comply with this
request, the bureau may have access to books, records, and accounts
of a cemetery authority for purposes of ascertaining compliance with
applicable laws.
SEC. 29. Section 9719 of the Business and Professions Code is
amended to read:
9719. The bureau shall inspect the books, records, and premises
of any crematory licensed under this chapter. In making those
inspections, the bureau shall have access to all books and records,
the crematory building, the cremation chambers or furnaces, and the
storage areas for human remains before and after cremation, during
regular office hours or the hours the crematory is in operation. No
prior notification of the inspection is required to be given to the
crematory licensee. If any crematory licensee fails to allow that
inspection or any part thereof, it shall be grounds for the
suspension or revocation of a license or other disciplinary action
against the licensee. All proceedings under this section shall be
conducted in accordance with the provisions of this chapter relating
to disciplinary proceedings.
SEC. 30. Section 9768 of the Business and Professions Code is
amended to read:
9768. It is a misdemeanor for any cemetery corporation to make
any interments without a valid certificate of authority. Each
interment shall be a separate violation.
SEC. 31. Section 9781.5 is added to the Business and Professions
Code, to read:
9781.5. The provisions of Article 5 (commencing with Section
8340) of Chapter 2 of Part 3 of Division 8 of the Health and Safety
Code shall apply to crematories licensed under this chapter.
SEC. 32. Section 9788 of the Business and Professions Code is
amended to read:
9788. It is a misdemeanor for any person, firm, or corporation to
cremate human remains or to engage in the disposition thereof
without a valid, unexpired crematory license. Each cremation shall
be a separate violation.
SEC. 33. Section 22251 of the Business and Professions Code is
amended to read:
22251. For the purposes of this chapter, the following words have
the following meanings:
(a) (1) Except as otherwise provided in paragraph (2), "tax
preparer" includes:
(A) A person who, for a fee or for other consideration, assists
with or prepares tax returns for another person or who assumes final
responsibility for completed work on a return on which preliminary
work has been done by another person, or who holds himself or herself
out as offering those services. A person engaged in that activity
shall be deemed to be a separate person for the purposes of this
chapter, irrespective of affiliation with, or employment by, another
tax preparer.
(B) A corporation, partnership, association, or other entity that
has associated with it persons not exempted under Section 22258,
which persons shall have as part of their responsibilities the
preparation of data and ultimate signatory authority on tax returns
or that holds itself out as offering those services or having that
authority.
(2) Notwithstanding paragraph (1), "tax preparer" does not include
an employee who, as part of the regular clerical duties of his or
her employment, prepares his or her employer's income, sales, or
payroll tax returns.
(b) "Tax return" means a return, declaration, statement, refund
claim, or other document required to be made or filed in connection
with state or federal income taxes or state bank and corporation
franchise taxes.
(c) An "approved curriculum provider," for purposes of basic
instruction as described in subdivision (a) of Section 22255, and
continuing education as described in subdivision (b) of Section
22255, is one who has been approved by the council as defined in
subdivision (d). A curriculum provider who is approved by the tax
education council is exempt from Chapter 7 (commencing with Section
94700) of Part 59 of Division 10 of the Education Code.
(d) "Council" means the California Tax Education Council that is a
single organization made up of not more than one representative from
each professional society, association, or other entity operating as
a nonprofit corporation that chooses to participate in the council
and that represents tax preparers, enrolled agents, attorneys, or
certified public accountants with a membership in California of at
least 200 for the last three years, and not more than one
representative from each for-profit tax preparation corporation that
chooses to participate in the council and that has at least 200
employees and has been operating in California for the last three
years. The council shall establish a process by which two
individuals who are tax preparers pursuant to Section 22255 are
appointed to the council with full voting privileges to serve terms
as determined by the council, with their initial terms being served
on a staggered basis. A person exempt from the requirements of this
chapter pursuant to Section 22258 is not eligible for appointment to
the council, other than an employee of an individual in an exempt
category.
SEC. 34. Section 7053 of the Health and Safety Code is amended to
read:
7053. Every person who arrests, attaches, detains, or claims to
detain any human remains for any debt or demand, or upon any
pretended lien or charge, or fails to release any human remains, the
personal effects, or any certificate or permit required under
Division 102 (commencing with Section 102100) that is in his or her
possession or control forthwith upon the delivery of authorization
for the release signed by the next of kin or by any person entitled
to the custody of the remains, is guilty of a misdemeanor.
SEC. 35. Section 8277 of the Health and Safety Code is amended to
read:
8277. Every contract of a cemetery authority, including contracts
executed in behalf thereof by a cemetery broker or salesperson,
which provides for the sale by the cemetery authority of an interment
plot or any service or merchandise, shall be in writing and shall
contain all of the agreements of the parties. The contract shall
include and disclose the following:
(a) The total contract price.
(b) Terms of payment, including any promissory notes or other
evidences of indebtedness.
(c) An itemized statement of charges including, as applicable, the
following:
(1) Charges for an interment plot.
(2) Charges for performing burial, entombment, or inurnment.
(3) Charges for a monument or marker.
(4) Charges for any services to be rendered in connection with any
religious or other observance at the site of interment or in any
facility maintained by the cemetery.
(5) Amounts to be deposited in any endowment care or special care
fund.
(6) Charges for any insurance to be provided in connection with
the contract.
(7) Any other charges, which shall be particularized.
(8) Space and location sold.
SEC. 36. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.