BILL NUMBER: SB 1913 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 16, 2004
AMENDED IN ASSEMBLY JUNE 7, 2004
AMENDED IN SENATE APRIL 21, 2004
INTRODUCED BY Committee on Business and Professions (Senators
Figueroa (Chair), Brulte, Cedillo, Machado, Murray, and Vincent)
MARCH 17, 2004
An act to amend Sections 28, 1054, 1274, 2041, 2082, 2087,
2107, 2274, 2317, 2420, 2423, 2462, 2532.6, 2570.14, 2902,
2915.7, 2936, 3750.5, 4005, 4030, 4059.5, 4076, 4081,
4101, 4114, 4200, 4207, 4409, 4980.395, 4990.4, 4996.18, 4996.20, and
4996.26 of, to amend and repeal Section 5810 of, and
to add Sections 1005, 2571, 2514,
2571, 3702.5, 3702.7, 3719.5, 3769.3, 4026.5, 4068, 4107,
4127.7, 4170.5, 4208, and 4209 to, and to repeal Section 2265
of, the Business and Professions Code, to amend Section 13401
of the Corporations Code, and to amend Sections 11159.1, 11207, and
111625 of the Health and Safety Code, relating to professions.
LEGISLATIVE COUNSEL'S DIGEST
SB 1913, as amended, Committee on Business and Professions.
Professions.
(1) Existing law provides for the licensing and regulation of
psychologists, clinical social workers, and marriage and family
therapists. Existing law requires a person applying for licensure as
a psychologist, clinical social worker, or marriage and family
therapist on and after January 1, 1987, to have completed specified
coursework or training in child abuse assessment and reporting from
certain types of institutions.
This bill would revise the types of educational institutions from
which the training may be obtained.
(2) Existing law provides for the regulation of clinical
laboratories. Existing law requires a clinical laboratory to send to
persons submitting cytological samples for evaluation information
letters on all cases of dysplasia, and requires that, when a clinical
lab determines that an abnormality of dysplasia has been identified
for a patient for whom the lab earlier reported a normal finding, all
previous cytologic slides on that patient be reexamined by the lab.
This bill would instead state that documentation is required for
high-grade squamous intraepithelial lesions, adenocarcinoma, or other
malignant neoplasm.
(3) Existing law, the Medical Practice Act, provides for the
licensing and regulation of physicians and surgeons by the Division
of Licensing and the Division of Medical Quality, respectively, in
the Medical Board of California. Existing law provides for the
regulation and licensure of podiatrists by the California Board of
Podiatric Medicine, in the Medical Board of California. The
Existing law makes it unprofessional conduct for a licensed
physician and surgeon or podiatrist to use any certificate, letters,
words, or terms either as a prefix, affix, or suffix indicating that
he or she is entitled to engage in a medical practice for which he or
she is not licensed.
This bill would exempt from this prohibition a physician and
surgeon who has been issued a retired license.
Existing law requires the Medical Board of California to provide
representation and be liable for a judgment, with certain exceptions,
in a lawsuit against a person hired or retained to provide testimony
to the Division of Medical Quality or the California Board of
Podiatric Medicine in the evaluation of a licensee's conduct.
This bill would expand the requirement to apply to any testimony
to the Medical Board of California and to include an evaluation of
the conduct of an applicant for licensure.
Existing law requires an applicant for a physicians and surgeon's
license to include fingerprints in his or her application. Existing
law requires an applicant to meet certain educational requirements,
and authorizes the Division of Licensing to allow applicants to
substitute certain postgraduate training for certain undergraduate
requirements.
This bill would authorize the submission of a completed Livescan
form in lieu of fingerprints. The bill would revise the
authorization of the Division of Licensing to allow applicants to
substitute postgraduate training for undergraduate requirements.
Existing law makes the supervision, use, or employment of a
physician's assistant without the approval of the Division of
Licensing unprofessional conduct.
This bill would delete this provision.
The California Board of Podiatric Medicine consists of
specified members, 5 of whom are appointed by the Governor, and
requires the Governor to give consideration to recommendations of the
board, except with regard to the public members.
This bill would remove the requirement that the Governor give
consideration to the recommendations of the board in appointing
members to the board.
The bill would delete obsolete references in the Medical Practice
Act.
(4) Existing law, the Nursing Practice Act, provides for the
licensing and regulation of midwives by the Board of Registered
Nursing in the Department of Consumer Affairs.
This bill would authorize a midwife student, with the consent of a
client, to render midwifery services under the direct supervision of
a licensed physician or midwife.
(5) Existing law provides for the licensure and regulation
of occupational therapists by the California Board of Occupational
Therapy. Existing law requires an initial applicant for an
occupational therapy license to provide evidence of certain
qualifications, including evidence of having successfully completed a
board-approved education program specifically designed for
applicants preparing for reentry into the field of occupational
therapy.
This bill would delete the requirement that an applicant provide
evidence of having successfully completed a board-approved
educational program specifically designed for applicants preparing
for reentry into the field of occupational therapy.
The bill would also revise an occupational therapist's scope of
practice to include the application of topical medications prescribed
by the patient's physician, if specific requirements are met.
(5)
(6) Existing law provides for the licensure and regulation
of psychologists by the Board of Psychology. Existing law requires
licensed psychologists to post a notice to consumers containing
specified language regarding the Board of Psychology.
This bill would revise the language in the notice.
(6)
(7) Existing law provides for the licensure and regulation of
respiratory care practitioners by the Respiratory Care Board of
California. Existing law defines the practice of respiratory therapy
to include the diagnostic and therapeutic use of the administration
of medical gases and mechanical or physiological ventilatory support.
This bill would provide that the administration of medical gases
includes the administration of anesthetic agents for the purpose of
inducing conscious or deep sedation, and that mechanical or
physiological ventilatory support includes devices used in whole or
in part to provide ventilatory or oxygenating support. The bill
would also authorize the board to require successful completion of
professional courses as part of continuing education prior to initial
licensure, and prior to consideration of a reinstatement petition.
The bill would permit the board and an affected licensee to stipulate
to the issuance of a public reprimand in lieu of the filing or
prosecution of a formal accusation.
(8) Existing law, the Pharmacy Law, provides for the
licensure and regulation of pharmacies and pharmacists by the
California State Board of Pharmacy, in the Department of Consumers
Affairs. A knowing violation of the Pharmacy Law is a crime.
Existing law authorizes the board to adopt rules and regulations
necessary for the protection of the public, and specifies rules and
regulations that may be adopted.
This bill would add rules and regulations relating to the pharmacy
practice experience necessary for licensure as a pharmacist. The
bill would also define a license in good standing as a license issued
by the board that is unrestricted by disciplinary action.
Existing law generally requires dangerous drugs or dangerous
devices to be delivered to a licensed pharmacy premises and signed
for and received by the pharmacist-in-charge or, in his or her
absence, another pharmacist he or she delegates.
This bill would instead require signature by and delivery to a
pharmacist. The bill would authorize a pharmacy to take delivery of
dangerous drugs or dangerous devices when the pharmacy is closed and
no pharmacist is on duty if specified requirements are met.
Existing law prohibits a pharmacist from dispensing a prescription
except in a container that meets specified labeling requirements,
including a label that contains the name of the prescriber. Existing
law authorizes a pharmacist to furnish certain medications without a
prescription if specified conditions are met.
This bill would require a pharmacist who furnishes medications
without a prescription, as specified, to indicate his or her name on
the container. The bill would prohibit the board from issuing more
than one site license to a single premises, except as specified.
Existing law defines an intern pharmacist as a person registered
with the board who has completed education requirements determined by
the board. Existing law authorizes an intern pharmacist to perform
activities pertaining to the practice of pharmacy as determined by
the board, and requires that an act restricted to a pharmacist may be
performed by an intern pharmacist only under the supervision of a
pharmacist. Existing law prohibits a pharmacist from supervising
more than one intern pharmacist at a time.
This bill would require the licensure of intern pharmacists and
would set forth specified requirements that an intern pharmacist must
meet, and conditions under which an intern pharmacist license may be
issued. The bill would also authorize an intern pharmacist to
perform all functions of a pharmacist at the discretion of and under
the supervision of a pharmacist whose license is in good standing
with the board, and would prohibit a pharmacist from supervising more
than two intern pharmacists at one time.
Existing law requires an applicant for licensure as a pharmacist
who has graduated from a foreign pharmacy school to, among other
things, receive a grade satisfactory to the board on an examination
designed to measure equivalency.
This bill would instead require a foreign-educated applicant to be
certified by the Foreign Pharmacy Graduate Examination Committee.
Existing law authorizes a pharmacist or pharmacy renewing a
license to make a $25 contribution to the board to fund the
California Pharmacist Scholarship and Loan Repayment Program.
This bill would require that the contribution be at least $25.
The bill would also authorize a prescriber to dispense a
controlled substance to an emergency room patient, if certain
requirements are met.
The bill would, on and after July 1, 2005, require a pharmacy to
compound sterile injectable products only in specified environments.
The bill would authorize veterinarians in a veterinary teaching
hospital to dispense and administer dangerous drugs and devices from
a common stock. The bill would make other related changes.
Because this bill would create new requirements and prohibitions
applicable to pharmacists, the knowing violation of which would be a
crime, it would impose a state-mandated local program.
(7)
(9) Existing law provides for the licensing and regulation
of social workers by the Board of Behavioral Sciences in the
Department of Consumer Affairs. Existing law sets forth an initial
registration fee as an associate clinical social worker of $90.
Existing law requires an applicant for registration or licensure
trained in an educational institution outside of the United States to
meet specified requirements.
This bill would change the initial registration fee to $75. The
bill would also revise the licensure requirements for foreign
graduates.
(8)
(10) Existing law regulates the manufacture of
pharmaceuticals.
This bill would prohibit a manufacturer of pharmaceuticals from
operating without employing sufficient, qualified supervision to
adequately safeguard and protect the public health.
(9)
(11) Existing law, the Chiropractic Act, a statute enacted
by initiative, creates the State Board of Chiropractic Examiners,
which licenses and regulates the practice of chiropractic.
This bill would make certain provisions of the Business and
Professions Code that are applicable to licensees who are licensed by
various boards in the Department of Consumer Affairs, applicable to
chiropractors.
(10)
(12) Existing law regulates chiropractic corporations, and
requires the name of a chiropractic corporation to contain and be
restricted to certain words.
This bill would require, but not restrict the name to, the use of
those words.
(11)
(13) Existing law licenses and regulates the practice of
speech-language pathology and audiology by the Speech-Language
Pathology and Audiology Board. Existing law requires a licensee to
complete specified continuing professional development coursework.
This bill would require courses to be approved by the board for
those course hours to be credited.
(12)
(14) Existing law regulates professional corporations,
defined as a corporation that is engaged in rendering professional
services pursuant to a certificate of registration. Existing law
exempts corporations that render services by persons licensed by
specified boards from the requirement of obtaining a certificate of
registration.
This bill would also exempt a speech-language pathology and
audiology corporation from this requirement.
(13)
(15) Existing law regulates interior designers and interior
design organizations, and repeals these provisions on January 1,
2006.
This bill would extend the repeal date of these provisions to
January 1, 2007.
(14)
(16) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 28 of the Business and Professions Code is
amended to read:
28. The Legislature finds that there is a need to ensure that
professionals of the healing arts who have demonstrable contact with
child abuse victims, potential child abuse victims, and child abusers
and potential child abusers are provided with adequate and
appropriate training regarding the assessment and reporting of child
abuse which will ameliorate, reduce, and eliminate the trauma of
child abuse and neglect and ensure the reporting of child abuse in a
timely manner to prevent additional occurrences.
The Board of Psychology and the Board of Behavioral Sciences shall
establish required training in the area of child abuse assessment
and reporting for all persons applying for initial licensure and
renewal of a license as a psychologist, clinical social worker, or
marriage and family therapist on or after January 1, 1987. This
training shall be required one time only for all persons applying for
initial licensure or for licensure renewal on or after January 1,
1987.
All persons applying for initial licensure and renewal of a
license as a psychologist, clinical social worker, or marriage and
family therapist on or after January 1, 1987, shall, in addition to
all other requirements for licensure or renewal, have completed
coursework or training in child abuse assessment and reporting which
meets the requirements of this section, including detailed knowledge
of Section 11165 of the Penal Code. The training shall meet all of
the following requirements:
(a) Be completed after January 1, 1983.
(b) Be obtained from one of the following sources:
(1) An accredited or approved educational institution, as defined
in Sections 2902, 4980.40, and 4996.18, including extension courses
offered by those institutions.
(2) A continuing education provider approved by the responsible
board.
(3) A course sponsored or offered by a professional association or
a local, county, or state department of health or mental health for
continuing education and approved by the responsible board.
(c) Have a minimum of 7 contact hours.
(d) Include the study of the assessment and method of reporting of
sexual assault, neglect, severe neglect, general neglect, willful
cruelty or unjustifiable punishment, corporal punishment or injury,
and abuse in out-of-home care. The training shall also include
physical and behavioral indicators of abuse, crisis counseling
techniques, community resources, rights and responsibilities of
reporting, consequences of failure to report, caring for a child's
needs after a report is made, sensitivity to previously abused
children and adults, and implications and methods of treatment for
children and adults.
(e) An applicant shall provide the appropriate board with
documentation of completion of the required child abuse training.
The Board of Psychology and the Board of Behavioral Sciences shall
exempt an applicant who applies for an exemption from the
requirements of this section and who shows to the satisfaction of the
board that there would be no need for the training in his or her
practice because of the nature of that practice.
It is the intent of the Legislature that a person licensed as a
psychologist, clinical social worker, or marriage and family
therapist have minimal but appropriate training in the areas of child
abuse assessment and reporting. It is not intended that by solely
complying with the requirements of this section, a practitioner is
fully trained in the subject of treatment of child abuse victims and
abusers.
(f) This section shall become operative on January 1, 1997.
SEC. 2. Section 1005 is added to the Business and Professions
Code, to read:
1005. The provisions of Sections 12.5, 23.9, 29.5, 30, 31, 35,
104, 114, 115, 119, 121, 121.5, 125, 125.6, 136, 137, 140, 141, 143,
163.5, 461, 462, 475, 480, 484, 485, 487, 489, 490, 490.5, 491, 494,
495, 496, 498, 499, 510, 511, 512, 701, 702, 703, 704, 710, 716,
730.5, 731, and 851 are applicable to persons licensed by the State
Board of Chiropractic Examiners under the Chiropractic Act.
SEC. 3. Section 1054 of the Business and Professions Code is
amended to read:
1054. Notwithstanding any other provision of law, the name of a
chiropractic corporation and any name or names under which it may be
rendering professional services, shall contain the name or the last
name of one or more of the present, prospective, or former
shareholders, and shall include the word "chiropractic" and the word
"corporation" or wording or abbreviations denoting corporate
existence.
SEC. 4. Section 1274 of the Business and Professions Code is
amended to read:
1274. (a) A laboratory shall document to persons submitting
cytologic samples for evaluation, on a quarterly basis, informational
letters on all cases of HSIL (high-grade squamous intraepithelial
lesions), adenocarcinoma, or other malignant neoplasm. Documentation
may consist of followup correspondence, telephone calls, or requests
included in the report. Copies of that documentation, and any
responses received to those letters, shall be maintained on file by
the laboratories for a period of five years.
(b) Whenever it becomes known to a clinical laboratory that an
abnormality of HSIL (high-grade squamous intraepithelial lesions) has
been identified for a patient for whom the clinical laboratory
earlier reported a normal finding, all previous available cytologic
slides on that patient shall be reexamined by the clinical
laboratory.
(c) Records of the review of previous slides required by
subdivision (b) shall be maintained by the clinical laboratory,
including the name of the individual performing the earlier
examination.
(d) A clinical laboratory shall maintain records of all false
positive and false negative cases.
When any errors in the reporting of a smear evaluation are
discovered, a corrected report shall be immediately sent, when
medically applicable. Copies of corrected reports shall be
maintained in the laboratory records for a period of 10 years.
SEC. 5. Section 2041 of the Business and Professions Code is
amended to read:
2041. The term "licensee" as used in this chapter means the
holder of a physician's and surgeon's certificate or doctor of
podiatric medicine's certificate, as the case may be, who is engaged
in the professional practice authorized by such certificate under the
jurisdiction of the appropriate division, board, or examining
committee.
SEC. 6. Section 2082 of the Business and Professions Code is
amended to read:
2082. Each application shall include the following:
(a) A diploma issued by an approved medical school. The
requirements of the school shall have been at the time of granting
the diploma in no degree less than those required under this chapter
or by any preceding medical practice act at the time that the diploma
was granted. In lieu of a diploma, the applicant may submit
evidence satisfactory to the Division of Licensing of having
possessed the same.
(b) An official transcript or other official evidence satisfactory
to the division showing each approved medical school in which a
resident course of professional instruction was pursued covering the
minimum requirements for certification as a physician and surgeon,
and that a diploma and degree were granted by the school.
(c) Such other information concerning the professional instruction
and preliminary education of the applicant as the division may
require.
(d) An affidavit showing to the satisfaction of the division that
the applicant is the person named in each diploma and transcript that
he or she submits, that he or she is the lawful holder thereof, and
that the diploma or transcript was procured in the regular course of
professional instruction and examination without fraud or
misrepresentation.
(e) Fingerprint cards Either fingerprint
cards or a copy of a completed Livescan form from the applicant
in order to establish the identity of the applicant and in order to
determine whether the applicant has a record of any criminal
convictions in this state or in any other jurisdiction, including
foreign countries. The information obtained as a result of the
fingerprinting of the applicant shall be used in accordance with
Section 11105 of the Penal Code, and to determine whether the
applicant is subject to denial of licensure under the provisions of
Division 1.5 (commencing with Section 475) and Section 2221.
SEC. 7. Section 2087 of the Business and Professions Code is
amended to read:
2087. If any medical school is not approved by the Division of
Licensing or any applicant for examination
licensure is rejected by it, then the school or the applicant
may commence an action in the superior court as provided in Section
2019 against the division to compel it to approve the school or to
admit the applicant to examination issue the
applicant a certificate or for any other appropriate relief.
If the applicant is denied admittance to the examination or
a certificate on the grounds of unprofessional conduct, the
provisions of Article 12 (commencing with Section 2220) shall apply.
In such an action the court shall proceed under Section 1094.5 of
the Code of Civil Procedure, except that the court may not exercise
an independent judgment on the evidence. The action shall be
speedily determined by the court and shall take precedence over all
matters pending therein except criminal cases, applications for
injunction, or other matters to which special precedence may be given
by law.
SEC. 8. Section 2107 of the Business and Professions Code is
amended to read:
2107. (a) The Legislature intends that the Division of Licensing
shall have the authority to substitute postgraduate education and
training to remedy deficiencies in an applicant's medical school
education and training. The Legislature further intends that
applicants who substantially completed their clinical training shall
be granted that substitute credit if their postgraduate education
took place in an accredited program.
(b) To meet the requirements for licensure set forth in Sections
2089 and 2089.5, the Division of Licensing may require an applicant
under this article to successfully complete additional education and
training. In determining the content and duration of the required
additional education and training, the division shall consider the
applicant's medical education and performance on standardized
national examinations, and may substitute up to 36 weeks of
approved postgraduate training in lieu of specified
undergraduate requirements. Postgraduate training substituted for
undergraduate training shall be in addition to the year of
postgraduate training required by Sections 2102 and 2103.
(c) In addition, the division shall accept certified postgraduate
training in a program approved by the American Accreditation
Committee for Graduate Medical Education or the Coordinating Council
of Medical Education of Canada in lieu of undergraduate work in the
same subject for any applicant who meets the following criteria:
(1) Successful completion of at least 60 weeks of clinical
instruction while in medical school.
(2) Completion of clinical instruction which does not meet, in
whole or in part, the requirements of Section 2089.5.
Certification of this training shall be made by the program's
Director of Medical Education, and shall state that the applicant has
satisfactorily completed postgraduate training in the subject areas
for which the applicant seeks undergraduate credit and for a duration
required by Section 2089.5. Postgraduate training substituted for
undergraduate training shall be in addition to the year of
postgraduate training required by Sections 2102 and 2103.
SEC. 9. Section 2265 of the Business and Professions Code is
repealed.
2265. The supervision, use, or employment of a physician's
assistant who is licensed or practicing under interim approval,
without the approval of the Division of Licensing, constitutes
unprofessional conduct.
SEC. 10. Section 2274 of the Business and Professions Code is
amended to read:
2274. (a) The use by any licensee of any certificate,
of any letter, letters, word, words, term, or terms either as a
prefix, affix, or suffix indicating that he or she is entitled to
engage in a medical practice for which he or she is not licensed
constitutes unprofessional conduct.
(b) Nothing in this section shall be construed to prohibit a
physician and surgeon from using the designations specified in this
section if he or she has been issued a retired license under section
2439.
SEC. 11. Section 2317 of the Business and Professions Code is
amended to read:
2317. If a person, not a regular employee of the board, is hired,
under contract, or retained under any other arrangement, paid or
unpaid, to provide expertise or nonexpert testimony to the
Division of Medical Quality Medical Board of
California or to the California Board of Podiatric Medicine
in , including, but not limited to, the
evaluation of the conduct of an applicant or a licensee,
and that person is named as a defendant in an action for defamation,
malicious prosecution, or any other civil cause of action directly
resulting from opinions rendered, statements made, or testimony given
to, or on behalf of, the division or committee or its
representatives, the board shall provide for representation required
to defend the defendant in that civil action. The board shall be
liable for any judgment rendered against that person, except that the
board shall not be liable for any punitive damages award. If the
plaintiff prevails in a claim for punitive damages, the defendant
shall be liable to the board for the full costs incurred in providing
representation to the defendant. The Attorney General shall be
utilized in those actions as provided in Section 2020.
SEC. 12. Section 2420 of the Business and Professions Code is
amended to read:
2420. The provisions of this article apply to, determine the
expiration of, and govern the renewal of, each of the following
certificates, licenses, registrations, and permits issued by or under
the Medical Board of California: physician's and surgeon's
certificates, certificates to practice podiatric medicine, physical
therapy licenses and approvals, registrations of research
psychoanalysts, registrations of dispensing opticians, registrations
of nonresident contact lens sellers, registrations of spectacle lens
dispensers, registrations of contact lens dispensers,
certificates of drugless practitioners, certificates to
practice midwifery, and fictitious-name permits.
SEC. 13. Section 2423 of the Business and Professions Code is
amended to read:
2423. (a) Notwithstanding Section 2422:
(1) All physician and surgeon's certificates, certificates to
practice podiatric medicine, registrations of spectacle lens
dispensers and contact lens dispensers, certificates of
drugless practitioners, and certificates to practice
midwifery shall expire at 12 midnight on the last day of the birth
month of the licensee during the second year of a two-year term if
not renewed.
(2) Registrations of dispensing opticians will expire at midnight
on the last day of the month in which the license was issued during
the second year of a two-year term if not renewed.
(b) The Division of Licensing shall establish by regulation
procedures for the administration of a birth date renewal program,
including, but not limited to, the establishment of a system of
staggered license expiration dates such that a relatively equal
number of licenses expire monthly.
(c) To renew an unexpired license, the licensee shall, on or
before the dates on which it would otherwise expire, apply for
renewal on a form prescribed by the licensing authority and pay the
prescribed renewal fee.
SEC. 14. Section 2462 of the Business and Professions Code
is amended to read:
2462. The board shall consist of seven members, three of whom
shall be public members. Not more than one member of the board shall
be a full-time faculty member of a college or school of podiatric
medicine.
The Governor shall appoint the four members qualified as provided
in Section 2463 and one public member. The Senate Rules Committee
and the Speaker of the Assembly shall each appoint a public member.
SEC. 7.
SEC. 15. Section 2514 is added to the Business and Professions
Code, to read:
2514. Bona fide students, enrolled of participating in a
midwifery education program may, as part of their program, engage in
the practice of midwifery in this state if both of the following
conditions are met:
(a) The student is under the supervision of a licensed midwife,
who holds a clear and unrestricted license in this state, who is
present on the premises at all times client services are provided,
and who is practicing pursuant to Section 1507 or a physician.
(b) The client is informed of the student's status.
SEC. 16. Section 2532.6 of the Business and Professions Code
is amended to read:
2532.6. (a) The Legislature recognizes that the education and
experience requirements of this chapter constitute only minimal
requirements to assure the public of professional competence. The
Legislature encourages all professionals licensed and registered by
the board under this chapter to regularly engage in continuing
professional development and learning that is related and relevant to
the professions of speech-language pathology and audiology.
(b) On and after January 1, 2001, and until January 1, 2002, the
board shall not renew any license or registration pursuant to this
chapter unless the applicant certifies to the board that he or she
has completed, after April 12, 1999, and prior to his or her renewal
date in 2001, not less than the minimum number of continuing
professional development hours established by the board pursuant to
subdivision (c) for the professional practice authorized by his or
her license. On and after January 1, 2002, the board shall not renew
any license or registration pursuant to this chapter unless the
applicant certifies to the board that he or she has completed in the
preceding two years not less than the minimum number of continuing
professional development hours established by the board pursuant to
subdivision (c) for the professional practice authorized by his or
her license or registration.
(c) (1) The board shall prescribe the forms utilized for and the
number of hours of required continuing professional development for
persons licensed or registered under this chapter.
(2) The board shall have the right to audit the records of any
applicant to verify the completion of the continuing professional
development requirements.
(3) Applicants shall maintain records of completion of required
continuing professional development coursework for a minimum of two
years and shall make these records available to the board for
auditing purposes upon request.
(d) The board shall establish exceptions from the continuing
professional development requirements of this section for good cause
as defined by the board.
(e) (1) The continuing professional development services shall be
obtained from accredited institutions of higher learning,
organizations approved as continuing education providers by either
the American Speech-Language Hearing Association or the American
Academy of Audiology, the California Medical Association's Institute
for Medical Quality Continuing Medical Education Program, or other
entities or organizations approved as continuing professional
development providers by the board, in its discretion.
(2) No hours shall be credited for any course enrolled in by a
licensee that has not first been approved and certified by the board.
(3) The continuing professional development services offered by
these entities may, but are not required to, utilize pretesting and
posttesting or other evaluation techniques to measure and demonstrate
improved professional learning and competency.
(4) An accredited institution of higher learning, an organization
approved as continuing education providers by either the American
Speech-Language Hearing Association or the American Academy of
Audiology, and the California Medical Association's Institute for
Medical Quality Continuing Education Program shall be exempt from any
application or registration fees that the board may charge for
continuing education providers.
(5) Unless a course offered by entities listed in paragraph (4)
meets the requirements established by the board, the course may not
be credited towards the continuing professional development
requirements for license renewal.
(6) The licensee shall be responsible for obtaining the required
course completion documents for courses offered by entities specified
in paragraph (1).
(f) The board, by regulation, shall fund the administration of
this section through professional development services provider and
licensing fees to be deposited in the Speech-Language Pathology and
Audiology Board 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.
(g) The continuing professional development requirements adopted
by the board shall comply with any guidelines for mandatory
continuing education established by the Department of Consumer
Affairs.
SEC. 8.
SEC. 17. Section 2570.14 of the Business and Professions
Code is amended to read:
2570.14. An initial applicant who has not been actively engaged
in the practice of occupational therapy within the past five years
shall provide to the board, in addition to the requirements for
licensure under Section 2570.6, any of the following:
(a) Evidence of continued competency as referred to in subdivision
(b) of Section 2570.10 for the previous two-year period.
(b) Evidence of having completed the entry-level certification
examination as described in subdivision (b) of Section 2570.7 within
the previous two-year period.
SEC. 9.
SEC. 18. Section 2571 is added to the Business and
Professions Code, to read:
2571. (a) An occupational therapist licensed pursuant to this
chapter and certified by the board in the use of physical agent
modalities may apply topical medications prescribed by the patient's
physician and surgeon, if the licensee complies with regulations
adopted by the board pursuant to this section.
(b) The board shall adopt regulations implementing this section
after meeting and conferring with the Medical Board of California and
the California State Board of Pharmacy specifying those topical
medications applicable to the practice of occupational therapy, and
protocols for their use.
(c) Nothing in this section shall be construed to authorize an
occupational therapist to prescribe medications.
SEC. 10.
SEC. 19. Section 2902 of the Business and Professions Code
is amended to read:
2902. As used in this chapter, unless the context clearly
requires otherwise and except as in this chapter expressly otherwise
provided the following definitions apply:
(a) "Licensed psychologist" means an individual to whom a license
has been issued pursuant to the provisions of this chapter, which
license is in force and has not been suspended or revoked.
(b) "Board" means the Board of Psychology.
(c) A person represents himself or herself to be a psychologist
when the person holds himself or herself out to the public by any
title or description of services incorporating the words "psychology,"
"psychological," "psychologist," "psychology consultation,"
"psychology consultant," "psychometry," "psychometrics" or
"psychometrist," "psychotherapy," "psychotherapist," "psychoanalysis,"
or "psychoanalyst," or when the person holds himself or herself out
to be trained, experienced, or an expert in the field of psychology.
(d) "Accredited," as used with reference to academic institutions,
means the University of California, the California State University,
or an institution that is accredited by a national or an applicable
regional accrediting agency recognized by the United States
Department of Education.
(e) "Approved," as used with reference to academic institutions,
means an institution having "approval to operate", as defined in
Section 94718 of the Education Code.
SEC. 11.
SEC. 20. Section 2915.7 of the Business and Professions Code
is amended to read:
2915.7. (a) A licensee who began graduate study prior to January
1, 2004, shall complete a three-hour continuing education course in
aging and long-term care during his or her first renewal period after
the operative date of this section, and shall submit to the board
evidence acceptable to the board of the person's satisfactory
completion of that course.
(b) The course should include, but is not limited to, the
biological, social, and psychological aspects of aging.
(c) Any person seeking to meet the requirements of subdivision (a)
of this section may submit to the board a certificate evidencing
completion of equivalent courses in aging and long-term care taken
prior to the operative date of this section, or proof of equivalent
teaching or practice experience. The board, in its discretion, may
accept that certification as meeting the requirements of this
section.
(d) The board may not renew an applicant's license until the
applicant has met the requirements of this section.
(e) This section shall become operative on January 1, 2005.
SEC. 12.
SEC. 21. Section 2936 of the Business and Professions Code
is amended to read:
2936. The board shall adopt a program of consumer and
professional education in matters relevant to the ethical practice of
psychology. The board shall establish as its standards of ethical
conduct relating to the practice of psychology, the code of ethics
adopted and published by the American Psychological Association
(APA). Those standards shall be applied by the board as the accepted
standard of care in all
licensing examination development and in all board enforcement
policies and disciplinary case evaluations.
To facilitate consumers in receiving appropriate psychological
services, all licensees and registrants shall be required to post, in
a conspicuous location in their principal psychological business
office, a notice which reads as follows:
"NOTICE TO CONSUMERS: The Department of Consumer Affair's Board of
Psychology receives and responds to questions and complaints
regarding the practice of psychology. If you have questions or
complaints, you may contact the board on the Internet at
www.psychboard.ca.gov, by calling 1-866-503-3221, or by writing to
the following address:
Board of Psychology
1422 Howe Avenue, Suite 22
Sacramento, California 95825-3236"
SEC. 13.
SEC. 22. Section 3702.5 is added to the Business and Professions
Code, to read:
3702.5. Administration of medical gases as used in subdivision
(d) of Section 3702, includes the administration of anesthetic agents
for the purpose of inducing conscious or deep sedation.
SEC. 23. Section 3702.7 is added to the Business and Professions,
to read:
3702.7. Mechanical or physiological ventilatory support as used
in subdivision (d) of Section 3702 includes, but is not limited to,
any system, procedure, machine, catheter, equipment, or other device
used in whole or in part, to provide ventilatory or oxygenating
support.
SEC. 24. Section 3719.5 is added to the Business and Professions
Code, to read:
3719.5. The board may require successful completion of one or
more professional courses offered by the board, the American
Association for Respiratory Care, or the California Society for
Respiratory Care in any or all of the following circumstances:
(a) As part of continuing education.
(b) Prior to initial licensure.
(c) Prior to consideration of a reinstatement petition.
SEC. 25. Section 3750.5 of the Business and Professions Code is
amended to read:
3750.5. In addition to any other grounds specified in this
chapter, the board may deny, suspend, or revoke the license of any
applicant or licenseholder who has done any of the following:
(a) Obtained or possessed in violation of law, or except as
directed by a licensed physician and surgeon, dentist, or podiatrist
administered to himself or herself, or furnished or administered to
another, any controlled substances as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or any
dangerous drug as defined in Article 7 2
(commencing with Section 4210) 4015)
of Chapter 9 of this code .
(b) Used any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or any
dangerous drug as defined in Article 7 2
(commencing with Section 4210) 4015)
of Chapter 9 of this code .
(c) Applied for employment or worked in any health care profession
or environment while under the influence of alcohol.
(d) Been convicted of a criminal offense involving the consumption
or self-administration of any of the substances described in
subdivisions (a) and (b), or the possession of, or falsification of a
record pertaining to, the substances described in subdivision (a),
in which event the record of the conviction is conclusive evidence
thereof.
(e) Been committed or confined by a court of competent
jurisdiction for intemperate use of or addiction to the use of any of
the substances described in subdivisions (a), (b), and (c), in which
event the court order of commitment or confinement is prima facie
evidence of that commitment or confinement.
(f) Falsified, or made grossly incorrect, grossly inconsistent, or
unintelligible entries in any hospital, patient, or other record
pertaining to the substances described in subdivision (a).
SEC. 26. Section 3769.3 is added to the Business and Professions
Code, to read:
3769.3. (a) Notwithstanding any other provision, the board may,
by stipulation with the affected licensee, issue a public reprimand,
after it has conducted an investigation, in lieu of filing or
prosecuting a formal accusation.
(b) The stipulation shall contain the authority, grounds, and
causes and circumstances for taking such action and by way of waiving
the affected licensee's rights, inform the licensee of his or her
rights to have a formal accusation filed and stipulate to a
settlement thereafter or have the matter in the statement of issues
heard before an administrative law judge in accordance with the
Administrative Procedures Act.
(c) The stipulation shall be public information and shall be used
as evidence in any future disciplinary or penalty action taken by the
board.
SEC. 27. Section 4005 of the Business and Professions Code
is amended to read:
4005. (a) The board may adopt rules and regulations, not
inconsistent with the laws of this state, as may be necessary for the
protection of the public. Included therein shall be the right to
adopt rules and regulations as follows: for the proper and more
effective enforcement and administration of this chapter; pertaining
to the practice of pharmacy; relating to the sanitation of persons
and establishments licensed under this chapter; pertaining to
establishments wherein any drug or device is compounded, prepared,
furnished, or dispensed; providing for standards of minimum equipment
for establishments licensed under this chapter; pertaining to the
sale of drugs by or through any mechanical device; and relating to
pharmacy practice experience necessary for licensure as a pharmacist.
(b) Notwithstanding any provision of this chapter to the contrary,
the board may adopt regulations permitting the dispensing of drugs
or devices in emergency situations, and permitting dispensing of
drugs or devices pursuant to a prescription of a person licensed to
prescribe in a state other than California where the person, if
licensed in California in the same licensure classification would,
under California law, be permitted to prescribe drugs or devices and
where the pharmacist has first interviewed the patient to determine
the authenticity of the prescription.
(c) The board may, by rule or regulation, adopt, amend, or repeal
rules of professional conduct appropriate to the establishment and
maintenance of a high standard of integrity and dignity in the
profession. Every person who holds a license issued by the board
shall be governed and controlled by the rules of professional conduct
adopted by the board.
(d) The adoption, amendment, or repeal by the board of these or
any other board rules or regulations shall be in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
SEC. 14.
SEC. 28. Section 4026.5 is added to the Business and
Professions Code, to read:
4026.5. "Good standing" means a license issued by the board that
is unrestricted by disciplinary action taken pursuant to Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code.
SEC. 15.
SEC. 29. Section 4030 of the Business and Professions Code
is amended to read:
4030. "Intern pharmacist" means a person issued a license
pursuant to Section 4208.
SEC. 16.
SEC. 30. Section 4059.5 of the Business and Professions Code
is amended to read:
4059.5. (a) Except as otherwise provided in this chapter,
dangerous drugs or dangerous devices may only be ordered by an entity
licensed by the board and shall be delivered to the licensed
premises and signed for and received by a pharmacist. Where a
licensee is permitted to operate through an exemptee, the exemptee
may sign for and receive the delivery.
(b) A dangerous drug or dangerous device transferred, sold, or
delivered to a person within this state shall be transferred, sold,
or delivered only to an entity licensed by the board, to a
manufacturer, or to an ultimate user or the ultimate user's agent.
(c) Notwithstanding subdivisions (a) and (b), deliveries to a
hospital pharmacy may be made to a central receiving location within
the hospital. However, the dangerous drugs or dangerous devices
shall be delivered to the licensed pharmacy premises within one
working day following receipt by the hospital, and the pharmacist on
duty at that time shall immediately inventory the drugs or devices.
(d) Notwithstanding any other provision of law, a dangerous drug
or dangerous device may be ordered by and provided to a manufacturer,
physician, dentist, podiatrist, optometrist, veterinarian, or
laboratory, or a physical therapist acting within the scope of his or
her license. A person or entity receiving delivery of a dangerous
drug or device, or a duly authorized representative of the person or
entity, shall sign for the receipt of the dangerous drug or dangerous
device.
(e) A dangerous drug or dangerous device shall not be transferred,
sold, or delivered to a person outside this state, whether foreign
or domestic, unless the transferor, seller, or deliverer does so in
compliance with the laws of this state and of the United States and
of the state or country to which the drugs or devices are to be
transferred, sold, or delivered. Compliance with the laws of this
state and the United States and of the state or country to which the
drugs or devices are to be delivered shall include, but not be
limited to, determining that the recipient of the drugs or devices is
authorized by law to receive the drugs or devices.
(f) Notwithstanding subdivision (a), a pharmacy may take delivery
of dangerous drugs and dangerous devices when the pharmacy is closed
and no pharmacist is on duty if all of the following requirements are
met:
(1) The drugs are placed in a secure storage facility in the same
building as the pharmacy.
(2) Only the pharmacist-in-charge or a pharmacist designated by
the pharmacist-in-charge has access to the secure storage facility
after dangerous drugs or dangerous devices have been delivered.
(3) The secure storage facility has a means of indicating whether
it has been entered after dangerous drugs or dangerous devices have
been delivered.
(4) The pharmacy maintains written policies and procedures for the
delivery of dangerous drugs and dangerous devices to a secure
storage facility.
(5) The agent delivering dangerous drugs and dangerous devices
pursuant to this subdivision leaves documents indicating the name and
amount of each dangerous drug or dangerous device delivered in the
secure storage facility.
The pharmacy shall be responsible for the dangerous drugs and
dangerous devices delivered to the secure storage facility. The
pharmacy shall also be responsible for obtaining and maintaining
records relating to the delivery of dangerous drugs and dangerous
devices to a secure storage facility.
SEC. 17.
SEC. 31. Section 4068 is added to the Business and
Professions Code, to read:
4068. (a) Notwithstanding any provision of this chapter, a
prescriber may dispense a dangerous drug, including a controlled
substance, to an emergency room patient if all of the following
apply:
(1) The hospital pharmacy is closed and there is no pharmacist
available in the hospital.
(2) The dangerous drug is acquired by the hospital pharmacy.
(3) The dispensing information is recorded and provided to the
pharmacy when the pharmacy reopens.
(4) The hospital pharmacy retains the dispensing information and,
if the drug is a schedule II or schedule III controlled substance,
reports the dispensing information to the Department of Justice
pursuant to Section 11165 of the Health and Safety Code.
(5) The prescriber determines that it is in the best interest of
the patient that a particular drug regimen be immediately commenced
or continued, and the prescriber reasonably believes that a pharmacy
located outside the hospital is not available and accessible at the
time of dispensing to the patient.
(6) The quantity of drugs dispensed to any patient pursuant to
this section are limited to that amount necessary to maintain
uninterrupted therapy during the period when pharmacy services
outside the hospital are not readily available or accessible, but
shall not exceed a 72-hour supply.
(7) The physician shall ensure that the label on the drug contains
all the information required by Section 4076.
(b) The prescriber shall be responsible for any error or omission
related to the drugs dispensed.
SEC. 18.
SEC. 32. Section 4076 of the Business and Professions Code
is amended to read:
4076. (a) A pharmacist may not dispense any prescription except
in a container that meets the requirements of state and federal law
and is correctly labeled with all of the following:
(1) Except where the prescriber or the certified nurse-midwife who
functions pursuant to a standardized procedure or protocol described
in Section 2746.51, the nurse practitioner who functions pursuant to
a standardized procedure described in Section 2836.1, or protocol,
or the physician assistant who functions pursuant to Section 3502.1
orders otherwise, either the manufacturer's trade name of the drug or
the generic name and the name of the manufacturer. Commonly used
abbreviations may be used. Preparations containing two or more
active ingredients may be identified by the manufacturer's trade name
or the commonly used name or the principal active ingredients.
(2) The directions for the use of the drug.
(3) The name of the patient or patients.
(4) The name of the prescriber or, if applicable, the certified
nurse-midwife who functions pursuant to a standardized procedure or
protocol described in Section 2746.51, the nurse practitioner who
functions pursuant to a standardized procedure described in Section
2836.1, or protocol, a pharmacist who functions under a protocol as
described in Section 4052, or the physician assistant who functions
pursuant to Section 3502.1.
(5) The date of issue.
(6) The name and address of the pharmacy, and prescription number
or other means of identifying the prescription.
(7) The strength of the drug or drugs dispensed.
(8) The quantity of the drug or drugs dispensed.
(9) The expiration date of the effectiveness of the drug
dispensed.
(10) The condition for which the drug was prescribed if requested
by the patient and the condition is indicated on the prescription.
(11) (A) Commencing January 1, 2006, the physical description of
the dispensed medication, including its color, shape, and any
identification code that appears on the tablets or capsules, except
as follows:
(i) Prescriptions dispensed by a veterinarian.
(ii) An exemption from the requirements of this paragraph shall be
granted to a new drug for the first 120 days that the drug is on the
market and for the 90 days during which the national reference file
has no description on file.
(iii) Dispensed medications for which no physical description
exists in any commercially available database.
(B) This paragraph applies to outpatient pharmacies only.
(C) The information required by this paragraph may be printed on
an auxiliary label that is affixed to the prescription container.
(D) This paragraph shall not become operative if the board, prior
to January 1, 2006, adopts regulations that mandate the same labeling
requirements set forth in this paragraph.
(b) If a pharmacist dispenses a prescribed drug by means of a unit
dose medication system, as defined by administrative regulation, for
a patient in a skilled nursing, intermediate care, or other health
care facility, the requirements of this section will be satisfied if
the unit dose medication system contains the aforementioned
information or the information is otherwise readily available at the
time of drug administration.
(c) If a pharmacist dispenses a dangerous drug or device in a
facility licensed pursuant to Section 1250 of the Health and Safety
Code, it is not necessary to include on individual unit dose
containers for a specific patient, the name of the certified
nurse-midwife who functions pursuant to a standardized procedure or
protocol described in Section 2746.51, the nurse practitioner who
functions pursuant to a standardized procedure described in Section
2836.1, or protocol, a pharmacist who functions under a protocol as
described in Section 4052, or the physician assistant who functions
pursuant to Section 3502.1.
(d) If a pharmacist dispenses a prescription drug for use in a
facility licensed pursuant to Section 1250 of the Health and Safety
Code, it is not necessary to include the information required in
paragraph (11) of subdivision (a) when the prescription drug is
administered to a patient by a person licensed under the Medical
Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing
Practice Act (Chapter 6 (commencing with Section 2700)), or the
Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section
2840)), who is acting within his or her scope of practice.
SEC. 19.
SEC. 33. Section 4081 of the Business and Professions Code
is amended to read:
4081. (a) All records of manufacture and of sale, acquisition, or
disposition of dangerous drugs or dangerous devices shall be at all
times during business hours open to inspection by authorized officers
of the law, and shall be preserved for at least three years from the
date of making. A current inventory shall be kept by every
manufacturer, wholesaler, pharmacy, veterinary food-animal drug
retailer, physician, dentist, podiatrist, veterinarian, laboratory,
clinic, hospital, institution, or establishment holding a currently
valid and unrevoked certificate, license, permit, registration, or
exemption under Division 2 (commencing with Section 1200) of the
Health and Safety Code or under Part 4 (commencing with Section
16000) of Division 9 of the Welfare and Institutions Code who
maintains a stock of dangerous drugs or dangerous devices.
(b) The owner, officer, and partner of any pharmacy, wholesaler,
or veterinary food-animal drug retailer shall be jointly responsible,
with the pharmacist-in-charge or exemptee-in-charge, for maintaining
the records and inventory described in this section.
(c) The pharmacist-in-charge or exemptee-in-charge shall not be
criminally responsible for acts of the owner, officer, partner, or
employee that violate this section and of which the
pharmacist-in-charge or exemptee-in-charge had no knowledge, or in
which he or she did not knowingly participate.
SEC. 20.
SEC. 34. Section 4101 of the Business and Professions Code
is amended to read:
4101. (a) A pharmacist who takes charge of, or acts as
pharmacist-in-charge of a pharmacy or other entity licensed by the
board, who terminates his or her employment at the pharmacy or other
entity, shall notify the board within 30 days of the termination of
employment.
(b) An exemptee-in-charge of a wholesaler or veterinary food
drug-animal retailer, who terminates his or her employment at that
entity shall notify the board within 30 days of the termination of
employment.
SEC. 21.
SEC. 35. Section 4107 is added to the Business and
Professions Code, to read:
4107. The board may not issue more than one site license to a
single premises except to issue a veterinary food-animal drug
retailer license to a wholesaler or to issue a license to compound
sterile injectable drugs to a pharmacy. For the purposes of this
subdivision, "premises" means a location with its own address and an
independent means of ingress and egress.
SEC. 22.
SEC. 36. Section 4114 of the Business and Professions Code
is amended to read:
4114. (a) An intern pharmacist may perform all functions of a
pharmacist at the discretion of and under the supervision of a
pharmacist whose license is in good standing with the board.
(b) A pharmacist may not supervise more than two intern
pharmacists at any one time.
SEC. 23.
SEC. 37. Section 4127.7 is added to the Business and
Professions Code, to read:
4127.7. On and after July 1, 2005, a pharmacy shall compound
sterile injectable products from one or more nonsterile ingredients
in one of the following environments:
(1) An ISO class 5 laminar airflow hood within an ISO class 7
cleanroom. The cleanroom must have a positive air pressure
differential relative to adjacent areas.
(2) An ISO class 5 cleanroom.
(3) A barrier isolator that provides an ISO class 5 environment
for compounding.
SEC. 24.
SEC. 38. Section 4170.5 is added to the Business and
Professions Code, to read:
4170.5. (a) Veterinarians in a veterinary teaching hospital
operated by an accredited veterinary medical school may dispense and
administer dangerous drugs and devices and controlled substances from
a common stock.
(b) The veterinary teaching hospital shall designate a pharmacist
to be responsible for ordering the drugs for the common stock and the
designated pharmacist-in-charge shall be professionally responsible
to insure that inventories, security procedures, training, protocol
development, recordkeeping, packaging, labeling, and dispensing occur
in a manner that is consistent with the promotion and protection of
the health and safety of the public.
(c) The veterinary teaching hospital's pharmacist-in-charge shall
develop policies, procedures, and guidelines that recognize the
unique relationship between the institution's pharmacists and
veterinarians in the control, management, dispensation, and
administration of drugs.
(d) The board may inspect a veterinary teaching hospital
dispensing or administering drugs pursuant to this section.
SEC. 25.
SEC. 39. Section 4200 of the Business and Professions Code
is amended to read:
4200. (a) The board may license as a pharmacist any applicant who
meets all the following requirements:
(1) Is at least 18 years of age.
(2) (A) Has graduated from a college of pharmacy or department of
pharmacy of a university recognized by the board; or
(B) If the applicant graduated from a foreign pharmacy school, the
foreign-educated applicant has been certified by the Foreign
Pharmacy Graduate Examination Committee.
(3) Has completed at least 150 semester units of collegiate study
in the United States, or the equivalent thereof in a foreign country.
No less than 90 of those semester units shall have been completed
while in resident attendance at a school or college of pharmacy.
(4) Has earned at least a baccalaureate degree in a course of
study devoted to the practice of pharmacy.
(5) Has completed 1,500 hours of pharmacy practice experience or
the equivalent in accordance with Section 4209.
(6) Has passed a written and practical examination given by the
board prior to December 31, 2003, or has passed the North American
Pharmacist Licensure Examination and the Multi-State Pharmacy
Jurisprudence Examination for California on or after January 1, 2004.
(b) Proof of the qualifications of an applicant for licensure as a
pharmacist, shall be made to the satisfaction of the board and shall
be substantiated by affidavits or other evidence as may be required
by the board.
(c) Each person, upon application for licensure as a pharmacist
under this chapter, shall pay to the executive officer of the board,
the fees provided by this chapter. The fees shall be compensation to
the board for investigation or examination of the applicant.
SEC. 26.
SEC. 40. Section 4207 of the Business and Professions Code
is amended to read:
4207. (a) Upon receipt of an application for a license and the
applicable fee, the board shall make a thorough investigation to
determine whether the applicant is qualified for the license being
sought. The board shall also determine whether this article has been
complied with, and shall investigate all matters directly related to
the issuance of the license that may affect the public welfare.
(b) The board shall not investigate matters connected with the
operation of a premises other than those matters solely related to
the furnishing of dangerous drugs or dangerous devices that might
adversely affect the public welfare.
(c) The board shall deny an application for a license if the
applicant does not qualify for the license being sought.
(d) Notwithstanding any other provision of law, the board may
request any information it deems necessary to complete the
application investigation required by this section, and a request for
information that the board deems necessary in carrying out this
section in any application or related form devised by the board shall
not be required to be adopted by regulation pursuant to the
Administrative Procedures Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
SEC. 27.
SEC. 41. Section 4208 is added to the Business and
Professions Code, to read:
4208. (a) At the discretion of the board, an intern pharmacist
license may be issued for a period of:
(1) One to six years to a person who is currently enrolled in a
school of pharmacy recognized by the board.
(2) Two years to a person who is a graduate of a school of
pharmacy recognized by the board and who has applied to become
licensed as a pharmacist in California.
(3) Two years to a foreign graduate who has met educational
requirements described in paragraphs (1) to (4), inclusive, of
subdivision (a) of Section 4200.
(4) One year to a person who has failed the pharmacist licensure
examination four times and has reenrolled in a school of pharmacy to
satisfy the requirements of Section 4200.1.
(b) The board may issue an intern pharmacist license to an
individual for the period of time specified in a decision of
reinstatement adopted by the board.
(c) An intern pharmacist shall notify the board within 30 days of
any change of address.
(d) An intern pharmacist whose license has been issued pursuant to
paragraph (1) or paragraph (4) of subdivision (a) shall return his
or her license, by registered mail, within 30 days of no longer being
enrolled in a school of pharmacy. The intern pharmacist license
will be canceled by the board. Notwithstanding subdivision (c), an
intern pharmacist license
may be reinstated if the student reenrolls in a school of pharmacy
recognized by the board to fulfill the education requirements of
paragraphs (1) to (4), inclusive, of subdivision (a) of Section 4200.
SEC. 28.
SEC. 42. Section 4209 is added to the Business and
Professions Code, to read:
4209. (a) An intern pharmacist shall complete 1,500 hours of
pharmacy practice before applying for the pharmacist licensure
examination.
(1) This pharmacy practice shall comply with the Standards of
Curriculum established by the Accreditation Council for Pharmacy
Education or with regulations adopted by the board.
(b) An intern pharmacist shall submit proof of his or her
experience on board-approved affidavits, or another form
specified by the board, which shall be certified under penalty
of perjury by a pharmacist under whose supervision such experience
was obtained or by the pharmacist-in-charge at the pharmacy while the
pharmacist intern obtained the experience.
(c) An applicant for the examination who has been licensed as a
pharmacist in any state for at least one year, as certified by the
licensing agency of that state, shall be exempt from
subdivision (a) may submit this certification to
satisfy the required 1,500 hours of intern experience .
Certification of an applicant's licensure in another state shall be
submitted in writing and signed, under oath, by a duly authorized
official of the state in which the license is held.
SEC. 29.
SEC. 43. Section 4409 of the Business and Professions Code
is amended to read:
4409. At the time a pharmacy license is renewed pursuant to
subdivision (a) of Section 4110 or a pharmacist license is renewed
pursuant to Section 4401, the pharmacy or pharmacist may make a
contribution of at least twenty-five dollars ($25), to be submitted
to the board, for the sole purpose of funding the California
Pharmacist Scholarship and Loan Repayment Program established
pursuant to Article 2 (commencing with Section 128198) of Chapter 3
of Part 3 of Division 107 of the Health and Safety Code. The
contribution submitted pursuant to this section shall be paid into
the State Treasury and credited to the California Pharmacist
Scholarship and Loan Repayment Program Fund established pursuant to
Section 128198.5 of the Health and Safety Code.
SEC. 30.
SEC. 44. Section 4980.395 of the Business and Professions
Code is amended to read:
4980.395. (a) A licensee who began graduate study prior to
January 1, 2004, shall complete a three-hour continuing education
course in aging and long-term care during his or her first renewal
period after the operative date of this section and shall submit to
the board evidence, acceptable to the board, of the person's
satisfactory completion of the course.
(b) The course shall include, but is not limited to, the
biological, social, and psychological aspects of aging.
(c) A person seeking to meet the requirements of subdivision (a)
of this section may submit to the board a certificate evidencing
completion of equivalent courses in aging and long-term care taken
prior to the operative date of this section, or proof of equivalent
teaching or practice experience. The board, in its discretion, may
accept that certification as meeting the requirements of this
section.
(d) The board may not renew an applicant's license until the
applicant has met the requirements of this section.
(e) Continuing education courses taken pursuant to this section
shall be applied to the 36 hours of approved continuing education
required in Section 4980.54.
(f) This section shall become operative on January 1, 2005.
SEC. 31.
SEC. 45. Section 4990.4 of the Business and Professions Code
is amended to read:
4990.4. "Accredited school of social work," within the meaning
of this chapter, is a school that is accredited by the Commission on
Accreditation of the Council on Social Work Education.
SEC. 32.
SEC. 46. Section 4996.18 of the Business and Professions
Code is amended to read:
4996.18. (a) A person who wishes to be credited with experience
toward licensure requirements shall register with the board as an
associate clinical social worker prior to obtaining that experience.
The application shall be made on a form prescribed by the board and
shall be accompanied by a fee of seventy-five dollars ($75). An
applicant for registration shall (1) possess a master's degree from
an accredited school or department of social work, and (2) not have
committed any crimes or acts constituting grounds for denial of
licensure under Section 480. On and after January 1, 1993, an
applicant who possesses a master's degree from a school or department
of social work that is a candidate for accreditation by the
Commission on Accreditation of the Council on Social Work Education
shall be eligible, and shall be required, to register as an associate
clinical social worker in order to gain experience toward licensure
if the applicant has not committed any crimes or acts that constitute
grounds for denial of licensure under Section 480. That applicant
shall not, however, be eligible for examination until the school or
department of social work has received accreditation by the
Commission on Accreditation of the Council on Social Work Education.
(b) Registration as an associate clinical social worker shall
expire one year from the last day of the month during which it was
issued. A registration may be renewed annually after initial
registration by filing on or before the date on which the
registration expires, an application for renewal, paying a renewal
fee of seventy-five dollars ($75), and notifying the board whether he
or she has been convicted, as defined in Section 490, of a
misdemeanor or felony, and whether any disciplinary action has been
taken by any regulatory or licensing board in this or any other
state, subsequent to the issuance of the initial registration or
registrant's last renewal. Each person who registers or has
registered as an associate clinical social worker, may retain that
status for a total of six years.
(c) Notwithstanding the limitations on the length of an associate
registration in subdivision (b), an associate may apply for, and the
board shall grant, one-year extensions beyond the six-year period
when no grounds exist for denial, suspension, or revocation of the
registration pursuant to Section 480. An associate shall be eligible
to receive a maximum of three one-year extensions. An associate who
practices pursuant to an extension shall not practice independently
and shall comply with all requirements of this chapter governing
experience, including supervision, even if the associate has
completed the hours of experience required for licensure. Each
extension shall commence on the date when the last associate renewal
or extension expires. An application for extension shall be made on
a form prescribed by the board and shall be accompanied by a renewal
fee of fifty dollars ($50). An associate who is granted this
extension may work in all work settings authorized pursuant to this
chapter.
(d) A registrant shall not provide clinical social work services
to the public for a fee, monetary or otherwise, except as an
employee.
(e) A registrant shall inform each client or patient prior to
performing any professional services that he or she is unlicensed and
is under the supervision of a licensed professional.
(f) Any experience obtained under the supervision of a spouse or
relative by blood or marriage shall not be credited toward the
required hours of supervised experience. Any experience obtained
under the supervision of a supervisor with whom the applicant has a
personal relationship that undermines the authority or effectiveness
of the supervision shall not be credited toward the required hours of
supervised experience.
(g) An applicant who possesses a master's degree from an
accredited school or department of social work shall be able to apply
experience the applicant obtained during the time the accredited
school or department was in candidacy status by the Commission on
Accreditation of the Council on Social Work Education toward the
licensure requirements, if the experience meets the requirements of
Section 4996.20, 4996.21, or 4996.23. This subdivision shall apply
retroactively to persons who possess a master's degree from an
accredited school or department of social work and who obtained
experience during the time the accredited school or department was in
candidacy status by the Commission on Accreditation of the Council
on Social Work Education.
(h) An applicant for registration or licensure trained in an
educational institution outside the United States shall demonstrate
to the satisfaction of the board that he or she possesses a master's
of social work degree that is equivalent to a master's degree issued
from a school or department of social work that is accredited by the
Commission on Accreditation of the Council on Social Work Education.
These applicants shall provide the board with a comprehensive
evaluation of the degree and shall provide any other documentation
the board deems necessary. 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
evaluation or accreditation.
SEC. 33.
SEC. 47. Section 4996.20 of the Business and Professions
Code is amended to read:
4996.20. The experience required by subdivision (c) of Section
4996.2 shall meet the following criteria:
(a) An applicant shall have at least 3,200 hours of post-master's
experience, supervised by a licensed clinical social worker, in
providing clinical social work services consisting of psychosocial
diagnosis; assessment; treatment, including psychotherapy and
counseling; client-centered advocacy; consultation; and evaluation as
permitted by Section 4996.9. For persons applying for licensure on
or after January 1, 1992, this experience shall have been gained in
not less than two nor more than six years and shall have been gained
within the six years immediately preceding the date on which the
application for licensure was filed.
(b) Notwithstanding the requirements of subdivision (a) that 3,200
hours of experience shall be gained under the supervision of a
licensed clinical social worker, up to 1,000 hours of the required
experience may be gained under the supervision of a licensed mental
health professional acceptable to the board.
For purposes of this section, "supervision" means responsibility
for and control of the quality of social work services being
provided. Consultation shall not be considered to be supervision.
Supervision shall include at least one hour of direct supervision for
each week of experience claimed. Not less than one-half of the
hours of required supervision shall be individual supervision. The
remaining hours may be group supervision. "Individual supervision"
means one supervisor meets with one supervisee at a time. "Group
supervision" means a supervisor meets with a group of no more than
eight supervisees at a time.
(c) For purposes of this section, a "private practice setting" is
any setting other than a governmental entity, a school, college or
university, a nonprofit and charitable corporation or a licensed
health facility. Employment in a private practice setting shall not
commence until the applicant has been registered as an associate
clinical social worker. A registrant employed in a private practice
setting shall not:
(1) Pay his or her employer for supervision, and shall receive
fair remuneration from his or her employer.
(2) Receive any remuneration from patients or clients and shall
only be paid by his or her employer.
(3) Perform services at any place except where the registrant's
employer regularly conducts business.
(4) Have any proprietary interest in the employer's business.
(d) A person employed in a setting other than a private practice
setting may obtain supervision from a person not employed by the
registrant's employer if that person has signed a written contract
with the employer to take supervisory responsibility for the
registrant's social work services.
(e) This section shall apply only to persons who apply for
registration on or before December 31, 1998.
SEC. 34.
SEC. 48. Section 4996.26 of the Business and Professions
Code is amended to read:
4996.26. (a) A licensee who began graduate study prior to January
1, 2004, shall complete a three-hour continuing education course in
aging and long-term care during his or her first renewal period after
the operative date of this section, and shall submit to the board
evidence acceptable to the board of the person's satisfactory
completion of the course.
(b) The course shall include, but is not limited to, the
biological, social, and psychological aspects of aging.
(c) Any person seeking to meet the requirements of subdivision (a)
of this section may submit to the board a certificate evidencing
completion of equivalent courses in aging and long-term care taken
prior to the operative date of this section, or proof of equivalent
teaching or practice experience. The board, in its discretion, may
accept that certification as meeting the requirements of this
section.
(d) The board may not renew an applicant's license until the
applicant has met the requirements of this section.
(e) Continuing education courses taken pursuant to this section
shall be applied to the 36 hours of approved continuing education
required in Section 4996.22.
(f) This section shall become operative on January 1, 2005.
SEC. 35.
SEC. 49. 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,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.
SEC. 36.
SEC. 50. Section 13401 of the Corporations Code is amended
to read:
13401. As used in this part:
(a) "Professional services" means any type of professional
services that may be lawfully rendered only pursuant to a license,
certification, or registration authorized by the Business and
Professions Code, the Chiropractic Act, or the Osteopathic Act.
(b) "Professional corporation" means a corporation organized under
the General Corporation Law or pursuant to subdivision (b) of
Section 13406 that is engaged in rendering professional services in a
single profession, except as otherwise authorized in Section
13401.5, pursuant to a certificate of registration issued by the
governmental agency regulating the profession as herein provided and
that in its practice or business designates itself as a professional
or other corporation as may be required by statute. However, any
professional corporation or foreign professional corporation
rendering professional services by persons duly licensed by the
Medical Board of California or any examining committee under the
jurisdiction of the board, the Osteopathic Medical Board of
California, the Dental Board of California, the California State
Board of Pharmacy, the Veterinary Medical Board, the California
Architects Board, the Court Reporters Board of California, the Board
of Behavioral Sciences, the Speech-Language Pathology and Audiology
Board, or the Board of Registered Nursing shall not be required to
obtain a certificate of registration in order to render those
professional services.
(c) "Foreign professional corporation" means a corporation
organized under the laws of a state of the United States other than
this state that is engaged in a profession of a type for which there
is authorization in the Business and Professions Code for the
performance of professional services by a foreign professional
corporation.
(d) "Licensed person" means any natural person who is duly
licensed under the provisions of the Business and Professions Code,
the Chiropractic Act, or the Osteopathic Act to render the same
professional services as are or will be rendered by the professional
corporation or foreign professional corporation of which he or she is
or intends to become, an officer, director, shareholder, or
employee.
(e) "Disqualified person" means a licensed person who for any
reason becomes legally disqualified (temporarily or permanently) to
render the professional services that the particular professional
corporation or foreign professional corporation of which he or she is
an officer, director, shareholder, or employee is or was rendering.
SEC. 37.
SEC. 51. Section 11159.1 of the Health and Safety Code is
amended to read:
11159.1. An order for controlled substances furnished to a
patient in a clinic which has a permit issued pursuant to Article 13
(commencing with Section 4180) of Chapter 9 of Division 2 of the
Business and Professions Code, except an order for a Schedule II
controlled substance, shall be exempt from the prescription
requirements of this article and shall be in writing on the patient's
record, signed by the prescriber, dated, and shall state the name
and quantity of the controlled substance ordered and the quantity
actually furnished. The record of the order shall be maintained as a
clinic record for a minimum of seven years. This section shall
apply only to a clinic that has obtained a permit under the
provisions of Article 13 (commencing with Section 4180) of Chapter 9
of Division 2 of the Business and Professions Code.
Clinics that furnish controlled substances shall be required to
keep a separate record of the furnishing of those drugs which shall
be available for review and inspection by all properly authorized
personnel.
SEC. 38.
SEC. 52. Section 11207 of the Health and Safety Code is
amended to read:
11207. (a) No person other than a pharmacist as defined in
Section 4036 of the Business and Professions Code or an intern
pharmacist, as defined in Section 4030 of the Business and
Professions Code, who is under the personal supervision of a
pharmacist, shall compound, prepare, fill or dispense a prescription
for a controlled substance.
(b) Notwithstanding subdivision (a), a pharmacy technician may
perform those tasks permitted by Section 4115 of the Business and
Professions Code when assisting a pharmacist dispensing a
prescription for a controlled substance.
SEC. 39.
SEC. 53. Section 111625 of the Health and Safety Code is
amended to read:
111625. (a) A license application shall be completed annually and
accompanied by an application fee as prescribed in Section 111630.
This fee is not refundable if the license is refused.
(b) A manufacturer licensed pursuant to this article may not
operate without employing sufficient, qualified supervision to
adequately safeguard and protect the public health. Either a
pharmacist licensed pursuant to Section 4200 of the Business and
Professions Code or an individual issued a certificate of exemption
pursuant to Section 4053 of the Business and Professions Code shall
be deemed qualified to provide sufficient, qualified supervision, as
required by this subdivision.
SEC. 40.
SEC. 54. 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.