BILL NUMBER: AB 1777 CHAPTERED
BILL TEXT
CHAPTER 586
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2003
APPROVED BY GOVERNOR SEPTEMBER 28, 2003
PASSED THE ASSEMBLY SEPTEMBER 9, 2003
PASSED THE SENATE SEPTEMBER 4, 2003
AMENDED IN SENATE AUGUST 29, 2003
AMENDED IN SENATE JUNE 26, 2003
AMENDED IN ASSEMBLY MAY 20, 2003
INTRODUCED BY Committee on Business and Professions (Correa
(Chair), Corbett, Koretz, Leno, Nation, Vargas, and Yee)
MARCH 18, 2003
An act to amend Sections 2475.3, 2481, 2483, 2878.5, 3732, 3750,
3750.6, 3760, 3761, 3775, 3775.2, 3777, and 4521 of, to add Sections
3775.6 and 3778 to, and to repeal Sections 3714, 3721, 3733, 3736.5,
3737, and 3751.1 of, the Business and Professions Code, relating to
healing arts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1777, Committee on Business and Professions. Health care
practitioners.
(1) Existing law creates the Board of Podiatric Medicine under the
Medical Board of California. Under existing law, the board is
required to approve podiatric residency programs, and specifies
requirements in this regard. Existing law requires applicants to
provide an official transcript or other evidence to the board as
evidence that he or she has completed certain educational
requirements, and requires an applicant to complete 4 academic years
in an approved school or college.
This bill would revise the requirements for the education and
training of podiatrists. The bill would require an applicant to
practice podiatry to show the completion of specified curriculum
requirements by a transcript submitted directly to the board by the
academic institution. The bill would specify that the applicant may
complete 32 months of actual instruction in an approved school or
college instead of 4 years.
(2) Existing law, the Respiratory Care Practice Act, creates the
Respiratory Care Board of California and regulates the practice of
respiratory care. The act provides for notice requirements for the
board's meetings and generally prohibits the practice of respiratory
care without a license issued by the board.
This bill would delete the notice requirements for the board's
meetings. The bill would prohibit a person whose license is invalid
from practicing respiratory care and an unlicensed person from
representing himself or herself as a respiratory care practitioner.
(3) Existing law provides for license and examination requirements
after payment of specified fees for respiratory care practitioners.
This bill would revise the education, training, and license
requirements for respiratory care practitioners. The bill would
authorize a licensee to be placed in a retired status if certain
requirements are met. The bill would authorize the board to contract
with a collection service for the purpose of collecting outstanding
fees, fines, or cost recovery amounts from applicants or licensees.
(4) The bill would delete obsolete provisions relating to healing
arts licensees.
(5) Because a violation of the bill's provisions in the
Respiratory Care Practice Act would be a misdemeanor, the bill
imposes a state-mandated local program.
(6) 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.
(7) This bill would incorporate additional changes in Section 4521
of the Business and Professions Code, contingent upon the prior
enactment of SB 358.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2475.3 of the Business and Professions Code is
amended to read:
2475.3. (a) The board shall approve podiatric residency programs,
as defined in Section 2475.2, in the field of podiatric medicine,
for persons who are applicants for or have been issued a certificate
to practice podiatric medicine pursuant to this article.
(b) The board may only approve a podiatric residency that it
determines meets all of the following requirements:
(1) Reasonably conforms with the Accreditation Council for
Graduate Medical Education's Institutional Requirements of the
Essentials of Accredited Residencies in Graduate Medical Education:
Institutional and Program Requirements.
(2) Is approved by the Council on Podiatric Medical Education.
(3) Complies with the requirements of this state.
SEC. 2. Section 2481 of the Business and Professions Code is
amended to read:
2481. Each applicant who commenced professional instruction in
podiatric medicine after September 1, 1959, shall show by an official
transcript or other official evidence submitted directly to the
board by the academic institution that he or she has completed two
years of preprofessional postsecondary education, or its equivalent,
including the subjects of chemistry, biology or other biological
science, and physics or mathematics, before completing the resident
course of professional instruction.
SEC. 3. Section 2483 of the Business and Professions Code is
amended to read:
2483. (a) Each applicant for a certificate to practice podiatric
medicine shall show by an official transcript or other official
evidence satisfactory to the board that is submitted directly to the
board by the academic institution that he or she has successfully
completed a medical curriculum extending over a period of at least
four academic years, or 32 months of actual instruction, in a college
or school of podiatric medicine approved by the board. The total
number of hours of all courses shall consist of a minimum of 4,000
hours.
The board, by regulation, shall adopt standards for determining
equivalent training authorized by this section.
(b) The curriculum for all applicants shall provide for adequate
instruction related to podiatric medicine in the following:
Alcoholism and other chemical substance detection
Local anesthesia
Anatomy, including embryology, histology, and neuroanatomy
Behavioral science
Biochemistry
Biomechanics-foot and ankle
Child abuse detection
Dermatology
Geriatric medicine
Human sexuality
Infectious diseases
Medical ethics
Neurology
Orthopedic surgery
Pathology, microbiology, and immunology
Pediatrics
Pharmacology, including materia medica and toxicology
Physical and laboratory diagnosis
Physical medicine
Physiology
Podiatric medicine
Podiatric surgery
Preventive medicine, including nutrition
Psychiatric problem detection
Radiology and radiation safety
Spousal or partner abuse detection
Therapeutics
Women's health
SEC. 4. Section 2878.5 of the Business and Professions Code is
amended to read:
2878.5. In addition to other acts constituting unprofessional
conduct within the meaning of this chapter, it is unprofessional
conduct for a person licensed under this chapter to do any of the
following:
(a) Obtain or possess in violation of law, or prescribe, or except
as directed by a licensed physician and surgeon, dentist or
podiatrist administer to himself or herself or furnish or administer
to another, any controlled substance as defined in Division 10 of the
Health and Safety Code, or any dangerous drug as defined in Section
4022.
(b) Use any controlled substance as defined in Division 10 of the
Health and Safety Code, or any dangerous drug as defined in Section
4022, or alcoholic beverages, to an extent or in a manner dangerous
or injurious to himself or herself, any other person, or the public,
or to the extent that the use impairs his or her ability to conduct
with safety to the public the practice authorized by his or her
license.
(c) Be convicted of a criminal offense involving possession of any
narcotic or dangerous drug, or the prescription, consumption, or
self-administration of any of the substances described in
subdivisions (a) and (b) of this section, in which event the record
of the conviction is conclusive evidence thereof.
(d) Be committed or confined by a court of competent jurisdiction
for intemperate use of or addiction to the use of any of the
substances described in subdivisions (a) and (b) of this section, in
which event the court order of commitment or confinement is prima
facie evidence of that commitment or confinement.
(e) Falsify, or make grossly incorrect, grossly inconsistent, or
unintelligible entries in any hospital, patient, or other record
pertaining to narcotics or dangerous drugs as specified in
subdivision (b).
SEC. 5. Section 3714 of the Business and Professions Code is
repealed.
SEC. 6. Section 3721 of the Business and Professions Code is
repealed.
SEC. 7. Section 3732 of the Business and Professions Code is
amended to read:
3732. (a) The board shall investigate an applicant for a license,
before a license is issued, in order to determine whether or not the
applicant has the qualifications required by this chapter.
(b) The board may deny an application, or may order the issuance
of a license with terms and conditions, for any of the causes
specified in this chapter for suspension or revocation of a license,
including, but not limited to, those causes specified in Sections
3750, 3750.5, 3752.5, 3752.6, 3755, 3757, 3760, and 3761.
SEC. 8. Section 3733 of the Business and Professions Code is
repealed.
SEC. 9. Section 3736.5 of the Business and Professions Code is
repealed.
SEC. 10. Section 3737 of the Business and Professions Code is
repealed.
SEC. 11. Section 3750 of the Business and Professions Code is
amended to read:
3750. The board may order the denial, suspension, or revocation
of, or the imposition of probationary conditions upon, a license
issued under this chapter, for any of the following causes:
(a) Advertising in violation of Section 651 or Section 17500.
(b) Fraud in the procurement of any license under this chapter.
(c) Knowingly employing unlicensed persons who present themselves
as licensed respiratory care practitioners.
(d) Conviction of a crime that substantially relates to the
qualifications, functions, or duties of a respiratory care
practitioner. The record of conviction or a certified copy thereof
shall be conclusive evidence of the conviction.
(e) Impersonating or acting as a proxy for an applicant in any
examination given under this chapter.
(f) Negligence in his or her practice as a respiratory care
practitioner.
(g) Conviction of a violation of any of the provisions of this
chapter or of any provision of Division 2 (commencing with Section
500), or violating, or attempting to violate, directly or indirectly,
or assisting in or abetting the violation of, or conspiring to
violate any provision or term of this chapter or of any provision of
Division 2 (commencing with Section 500).
(h) The aiding or abetting of any person to violate this chapter
or any regulations duly adopted under this chapter.
(i) The aiding or abetting of any person to engage in the unlawful
practice of respiratory care.
(j) The commission of any fraudulent, dishonest, or corrupt act
which is substantially related to the qualifications, functions, or
duties of a respiratory care practitioner.
(k) Falsifying, or making grossly incorrect, grossly inconsistent,
or unintelligible entries in any patient, hospital, or other record.
(l) Changing the prescription of a physician and surgeon, or
falsifying verbal or written orders for treatment or a diagnostic
regime received, whether or not that action resulted in actual
patient harm.
(m) Denial, suspension, or revocation of any license to practice
by another agency, state, or territory of the United States for any
act or omission that would constitute grounds for the denial,
suspension, or revocation of a license in this state.
(n) 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 California
Medical Board, the Board of Podiatric Medicine, the Board of Dental
Examiners, 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.
(o) Incompetence in his or her practice as a respiratory care
practitioner.
(p) A pattern of substandard care.
SEC. 12. Section 3750.6 of the Business and Professions Code is
amended to read:
3750.6. Upon request, every holder of a pocket license shall
produce for inspection the original pocket license issued by the
board. A facsimile of the license is not sufficient for that
purpose.
Upon request, every applicant issued a work permit shall produce
for inspection the original permit issued by the board. A facsimile
of the work permit is not sufficient for that purpose.
SEC. 13. Section 3751.1 of the Business and Professions Code is
repealed.
SEC. 14. Section 3760 of the Business and Professions Code is
amended to read:
3760. (a) Except as otherwise provided in this chapter, no person
shall engage in the practice of respiratory care, respiratory
therapy, or inhalation therapy. For purposes of this section,
engaging in the practice of respiratory care includes, but is not
limited to, representations by a person whether through verbal claim,
sign, advertisement, letterhead, business card, or other
representation that he or she is able to perform any respiratory care
service, or performance of any respiratory care service.
(b) No person who is unlicensed or whose respiratory care
practitioner license has been revoked or suspended, or whose license
is not valid shall engage in the practice of respiratory care during
the period of suspension or revocation, even though the person may
continue to hold a certificate or registration issued by a private
certifying entity.
(c) Except as otherwise provided in this chapter, no person may
represent himself or herself to be a respiratory care practitioner, a
respiratory therapist, a respiratory care technician, or an
inhalation therapist, or use the abbreviation or letters "R.C.P.,"
"R.P.," "R.T.," or "I.T.," or use any modifications or derivatives of
those abbreviations or letters without a current and valid license
issued under this chapter.
(d) No respiratory care practitioner applicant shall begin
practice as a "respiratory care practitioner applicant" pursuant to
Section 3739 until the applicant meets the applicable requirements of
this chapter and obtains a valid work permit.
SEC. 15. Section 3761 of the Business and Professions Code is
amended to read:
3761. (a) No person may practice respiratory care or represent
himself or herself to be a respiratory care practitioner in this
state, without a valid 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 valid license granted under this chapter, except as
otherwise provided in this chapter.
SEC. 16. Section 3775 of the Business and Professions Code is
amended to read:
3775. The amount of fees provided in connection with licenses or
approvals for the practice of respiratory care shall be as follows:
(a) The application fee shall be established by the board at not
more than three hundred dollars ($300). The application fee for the
applicant under subdivision (c) of Section 3740 shall be established
by the board at not more than three hundred fifty dollars ($350).
(b) The fees for any examination or reexamination required by the
board shall be the actual cost to the board for developing,
purchasing, grading, and administering each examination or
reexamination.
(c) The initial license fee for a respiratory care practitioner
shall be no more than three hundred dollars ($300).
(d) For any license term beginning on or after January 1, 1999,
the renewal fee shall be established at two hundred thirty dollars
($230). The board may increase the renewal fee, by regulation, to an
amount not to exceed three hundred thirty dollars ($330). The board
shall fix the renewal fee so that, together with the estimated
amount from revenue, the reserve balance in the board's contingent
fund shall be equal to approximately six months of annual authorized
expenditures. If the estimated reserve balance in the board's
contingent fund will be greater than six months, the board shall
reduce the renewal fee. In no case shall the fee in any year be more
than 10 percent greater than the amount of the fee in the preceding
year.
(e) The delinquency fee shall be established by the board at not
more than the following amounts:
(1) If the license is renewed not more than two years from the
date of its expiration, the delinquency fee shall be 100 percent of
the renewal fee in effect at the time or renewal.
(2) If the license is renewed after two years, but not more than
three years, from the date of expiration of the license, the
delinquency fee shall be 200 percent of the renewal fee in effect at
the time of renewal.
(f) The duplicate license fee shall not exceed seventy-five
dollars ($75).
(g) The endorsement fee shall not exceed one hundred dollars
($100).
(h) Costs incurred by the board in order to obtain and review
documents or information related to the criminal history of,
rehabilitation of, disciplinary actions taken by another state agency
against, or acts of negligence in the practice of respiratory care
by, an applicant or licensee, shall be paid by the applicant or
licensee before a license will be issued or a subsequent renewal
processed.
(i) Fees paid in any form other than check, money order, or
cashier's check shall be subject to an additional processing charge
equal to the board's actual processing costs.
(j) Fees incurred by the board to process return mail shall be
paid by the applicant or licensee for whom the charges were incurred.
(k) Notwithstanding any other provision of this chapter, the
board, in its discretion, may reduce the amount of any fee otherwise
prescribed by this section.
SEC. 17. Section 3775.2 of the Business and Professions Code is
amended to read:
3775.2. (a) The fee for approval of providers of continuing
education shall be established by the board at not more than the
following:
(1) The initial application approval fee shall not exceed seven
hundred dollars ($700).
(2) The annual renewal fee shall not exceed three hundred fifty
dollars ($350).
(3) The fee for rereview or additional approval of any amendments
to existing providers shall not exceed three hundred fifty dollars
($350).
(b) The delinquency fee for the annual renewal fee shall be 50
percent of the annual renewal fee.
SEC. 18. Section 3775.6 is added to the Business and Professions
Code, to read:
3775.6. (a) A licensee may request that his or her license be
placed in a "retired" status at any time, provided the license has
not been canceled, and any outstanding fines, cost recovery, and
monthly probation monitoring costs are paid in full.
(b) An individual with retired status is not subject to any
renewal or reporting requirements.
(c) Once an individual is placed on retired status, all privileges
to practice respiratory care are rescinded. If an individual
practices with a "retired" license, the individual will be subject to
discipline as prescribed by this chapter for the unlicensed practice
of respiratory care.
SEC. 19. 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, approved continuing education is not reported or
completed, employer information is not reported, or any other
requirements as prescribed by this chapter are not met, the license
shall not be renewed or reinstated unless all past and current
required fees have been paid and all requirements are met.
SEC. 20. Section 3778 is added to the Business and Professions
Code, to read:
3778. Notwithstanding any other provision of law, the board may
contract with a collection service for the purpose of collecting
outstanding fees, fines, or cost recovery amounts, and may release
personal information, including the birth date, telephone number, and
social security number of any applicant or licensee for this
purpose. The contractual agreement shall provide that the collection
service shall not inappropriately use or release personal
information, and shall provide safeguards to ensure that the
information is protected from inappropriate disclosure. The
contractual agreement shall hold the collection service liable for
inappropriate use or disclosure of personal information.
SEC. 21. Section 4521 of the Business and Professions Code is
amended to read:
4521. The board may suspend or revoke a license issued under this
chapter for any of the following reasons:
(a) Unprofessional conduct, which includes but is not limited to
any of the following:
(1) Incompetence or gross negligence in carrying out usual
psychiatric technician functions.
(2) A conviction of practicing medicine without a license in
violation of Chapter 5 (commencing with Section 2000) of Division 2,
the record of conviction being conclusive evidence thereof.
(3) The use of advertising relating to psychiatric technician
services which violates Section 17500.
(4) Obtain or possess in violation of law, or prescribe, or,
except as directed by a licensed physician and surgeon, dentist, or
podiatrist, administer to himself or herself or furnish or administer
to another, any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code or any
dangerous drug as defined in Section 4022.
(5) Use 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 Section 4022, or alcoholic beverages,
to an extent or in a manner dangerous or injurious to himself or
herself, any other person, or the public or to the extent that the
use impairs his or her ability to conduct with safety to the public
the practice authorized by his or her license.
(6) Be convicted of a criminal offense involving the falsification
of records concerning prescription, possession, or consumption of
any of the substances described in paragraphs (4) and (5), in which
event the record of the conviction is conclusive evidence of the
conviction. The board may inquire into the circumstances surrounding
the commission of the crime in order to fix the degree of
discipline.
(7) Be 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 paragraphs (4) and (5), in which event the
court order of commitment or confinement is prima facie evidence of
the commitment or confinement.
(8) Falsify, or make grossly incorrect, grossly inconsistent, or
unintelligible entries in any hospital, patient, or other record
pertaining to the substances described in paragraph (4).
(b) Procuring a certificate or license by fraud,
misrepresentation, or mistake.
(c) Procuring, or aiding, or abetting, or attempting, or agreeing
or offering to procure or assist at a criminal abortion.
(d) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate
any provision or terms of this chapter.
(e) Giving any false statement or information in connection with
an application.
(f) Conviction of any offense substantially related to the
qualifications, functions, and duties of a psychiatric technician, in
which event the record of the conviction shall be conclusive
evidence of the conviction. The board may inquire into the
circumstances surrounding the commission of the crime in order to fix
the degree of discipline.
(g) Impersonating any applicant or acting as proxy for an
applicant in any examination required by this chapter.
(h) Impersonating another practitioner, or permitting another
person to use his or her certificate or license.
(i) The use of excessive force upon or the mistreatment or abuse
of any patient.
(j) Aiding or assisting, or agreeing to aid or assist any person
or persons, whether a licensed physician or not, in the performance
of or arranging for a violation of any of the provisions of Article
12 (commencing with Section 2220) of Chapter 5 of Division 2.
(k) Failure to maintain confidentiality of patient medical
information, except as disclosure is otherwise permitted or required
by law.
(l) The commission of any act punishable as a sexually related
crime, if that act is substantially related to the duties and
functions of the licensee.
(m) The commission of any act involving dishonesty, when that
action is substantially related to the duties and functions of the
licensee.
(n) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines, 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 the
standards, regulations, and guidelines of the State Department of
Health Services developed pursuant to Section 1250.11 of the Health
and Safety Code and the standards, guidelines, and regulations
pursuant to the California Occupational Safety and Health Act of 1973
(Part 1 (commencing with Section 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 California Medical Board, the Board of
Dental Examiners, and the Board of Registered Nursing, to encourage
appropriate consistency in the implementation of this section.
The board shall seek to ensure that licentiates and others
regulated by the board are informed of the responsibility of
licentiates 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.
SEC. 21.5. Section 4521 of the Business and Professions Code is
amended to read:
4521. The board may suspend or revoke a license issued under this
chapter for any of the following reasons:
(a) Unprofessional conduct, which includes, but is not limited to,
any of the following:
(1) Incompetence or gross negligence in carrying out usual
psychiatric technician functions.
(2) A conviction of practicing medicine without a license in
violation of Chapter 5 (commencing with Section 2000) of Division 2,
the record of conviction being conclusive evidence thereof.
(3) The use of advertising relating to psychiatric technician
services which violates Section 17500.
(4) Obtain or possess in violation of law, or prescribe, or,
except as directed by a licensed physician and surgeon, dentist, or
podiatrist, administer to himself or herself or furnish or administer
to another, any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code or any
dangerous drug as defined in Section 4022.
(5) Use 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 Section 4022, or alcoholic beverages,
to an extent or in a manner dangerous or injurious to himself or
herself, any other person, or the public or to the extent that the
use impairs his or her ability to conduct with safety to the public
the practice authorized by his or her license.
(6) Be convicted of a criminal offense involving the falsification
of records concerning prescription, possession, or consumption of
any of the substances described in paragraphs (4) and (5), in which
event the record of the conviction is conclusive evidence of the
conviction. The board may inquire into the circumstances surrounding
the commission of the crime in order to fix the degree of
discipline.
(7) Be 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 paragraphs (4) and (5), in which event the
court order of commitment or confinement is prima facie evidence of
the commitment or confinement.
(8) Falsify, or make grossly incorrect, grossly inconsistent, or
unintelligible entries in any hospital, patient, or other record
pertaining to the substances described in paragraph (4).
(b) Procuring a certificate or license by fraud,
misrepresentation, or mistake.
(c) Procuring, or aiding, or abetting, or attempting, or agreeing
or offering to procure or assist at a criminal abortion.
(d) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate
any provision or terms of this chapter.
(e)
Giving any false statement or information in connection with an
application.
(f) Conviction of any offense substantially related to the
qualifications, functions, and duties of a psychiatric technician, in
which event the record of the conviction shall be conclusive
evidence of the conviction. The board may inquire into the
circumstances surrounding the commission of the crime in order to fix
the degree of discipline.
(g) Impersonating any applicant or acting as proxy for an
applicant in any examination required by this chapter.
(h) Impersonating another practitioner, or permitting another
person to use his or her certificate or license.
(i) The use of excessive force upon or the mistreatment or abuse
of any patient.
(j) Aiding or assisting, or agreeing to aid or assist any person
or persons, whether a licensed physician or not, in the performance
of or arranging for a violation of any of the provisions of Article
12 (commencing with Section 2220) of Chapter 5 of Division 2.
(k) Failure to maintain confidentiality of patient medical
information, except as disclosure is otherwise permitted or required
by law.
(l) Failure to report the commission of any act prohibited by this
section.
(m) The commission of any act punishable as a sexually related
crime, if that act is substantially related to the duties and
functions of the licensee.
(n) The commission of any act involving dishonesty, when that
action is substantially related to the duties and functions of the
licensee.
(o) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines, 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 the
standards, regulations, and guidelines of the State Department of
Health Services developed pursuant to Section 1250.11 of the Health
and Safety Code and the standards, guidelines, and regulations
pursuant to the California Occupational Safety and Health Act of 1973
(Part 1 (commencing with Section 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 California Medical Board, the Board of
Dental Examiners, and the Board of Registered Nursing, to encourage
appropriate consistency in the implementation of this section.
The board shall seek to ensure that licentiates and others
regulated by the board are informed of the responsibility of
licentiates 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.
SEC. 22. 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.
SEC. 23. Section 21.5 of this bill incorporates amendments to
Section 4521 of the Business and Professions Code proposed by both
this bill and SB 358. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2004,
(2) each bill amends Section 4521 of the Business and Professions
Code, and (3) this bill is enacted after SB 358, in which case
Section 21 of this bill shall not become operative.