BILL NUMBER: AB 1467 CHAPTERED 04/13/04 CHAPTER 33 FILED WITH SECRETARY OF STATE APRIL 13, 2004 APPROVED BY GOVERNOR APRIL 12, 2004 PASSED THE ASSEMBLY APRIL 1, 2004 PASSED THE SENATE MARCH 30, 2004 AMENDED IN SENATE MARCH 22, 2004 AMENDED IN SENATE SEPTEMBER 10, 2003 AMENDED IN SENATE SEPTEMBER 8, 2003 AMENDED IN SENATE AUGUST 29, 2003 AMENDED IN SENATE JULY 1, 2003 AMENDED IN ASSEMBLY MAY 14, 2003 AMENDED IN ASSEMBLY APRIL 7, 2003 INTRODUCED BY Assembly Member Negrete McLeod (Coauthor: Senator Cedillo) FEBRUARY 21, 2003 An act to amend Sections 22, 102.3, 473, 473.15, 473.2, 473.3, 473.4, 473.5, 473.6, 474, 474.1, 474.2, 474.3, 474.4, 1620.1, 1628, 1638.7, 4001.5, 4934.2, 5000, 5811, 6704.1, 7000.5, 7316, 7612, 8000, and 9610 of, and to add and repeal Section 1628.2 of, the Business and Professions Code, to amend Sections 94779.1, 94779.3, 94990, and 94995 of the Education Code, and to amend Section 9148.8 and 9148.52 of the Government Code, relating to professions and vocations, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1467, Negrete McLeod. Dentist licensure requirements: Joint Committee on Boards, Commissions, and Consumer Protection. (1) Existing law provides for the licensing and regulation of dental professionals by the Dental Board of California, in the Department of Consumer Affairs. Under existing law, a person who has been issued a degree of doctor of dental medicine or doctor of dental surgery by a foreign dental school not approved by the board is eligible for the dental licensure examination if he or she has met specified requirements, including completing at least 2 academic years of education at an approved dental school. This bill would instead apply these requirements to graduates whose degree is issued by a foreign dental school that is neither approved by the board nor accredited by a body that has a reciprocal accreditation agreement with a commission or accreditation organization whose findings are accepted by the board. The bill would except from the requirements applicants who have passed Parts I and II of the National Board of Dental Examiners' examination by December 31, 2003, have provided those results to the board within a specified time period, and have passed a restorative technique examination by January 1, 2009. The bill would require applications for the restorative technique examination to be submitted by mail, and would provide that an applicant who fails to pass the restorative techniques examination after 4 attempts is not eligible to retake the restorative technique examination. The bill would require an applicant seeking to take the restorative technique examination again to meet certain requirements and would provide that failure to appear for the examination without good cause constitutes a failure to pass. (2) Existing law establishes the Joint Legislative Sunset Review Committee and, until January 1, 2012, requires the committee to hold public hearings and evaluate whether a board or regulatory program has demonstrated a need for its continued existence. This bill would change the name of the committee to the Joint Committee on Boards, Commissions, and Consumer Protection. (3) This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 22 of the Business and Professions Code is amended to read: 22. (a) "Board," as used in any provision of this code, refers to the board in which the administration of the provision is vested, and unless otherwise expressly provided, shall include "bureau," "commission," "committee," "department," "division," "examining committee," "program," and "agency." (b) Whenever the regulatory program of a board that is subject to review by the Joint Committee on Boards, Commissions, and Consumer Protection, as provided for in Division 1.2 (commencing with Section 473), is taken over by the department, that program shall be designated as a "bureau." SEC. 2. Section 102.3 of the Business and Professions Code is amended to read: 102.3. (a) The director may enter into an interagency agreement with an appropriate entity within the Department of Consumer Affairs as provided for in Section 101 to delegate the duties, powers, purposes, responsibilities, and jurisdiction that have been succeeded and vested with the department, of a board, as defined in Section 477, which became inoperative and was repealed in accordance with Chapter 908 of the Statutes of 1994. (b) (1) Where, pursuant to subdivision (a), an interagency agreement is entered into between the director and that entity, the entity receiving the delegation of authority may establish a technical committee to regulate, as directed by the entity, the profession subject to the authority that has been delegated. The entity may delegate to the technical committee only those powers that it received pursuant to the interagency agreement with the director. The technical committee shall have only those powers that have been delegated to it by the entity. (2) Where the entity delegates its authority to adopt, amend, or repeal regulations to the technical committee, all regulations adopted, amended, or repealed by the technical committee shall be subject to the review and approval of the entity. (3) The entity shall not delegate to a technical committee its authority to discipline a licentiate who has violated the provisions of the applicable chapter of the Business and Professions Code that is subject to the director's delegation of authority to the entity. (c) An interagency agreement entered into, pursuant to subdivision (a), shall continue until such time as the licensing program administered by the technical committee has undergone a review by the Joint Committee on Boards, Commissions, and Consumer Protection to evaluate and determine whether the licensing program has demonstrated a public need for its continued existence. Thereafter, at the director's discretion, the interagency agreement may be renewed. SEC. 3. Section 473 of the Business and Professions Code is amended to read: 473. (a) There is hereby established the Joint Committee on Boards, Commissions, and Consumer Protection. (b) The Joint Committee on Boards, Commissions, and Consumer Protection shall consist of three members appointed by the Senate Committee on Rules and three members appointed by the Speaker of the Assembly. No more than two of the three members appointed from either the Senate or the Assembly shall be from the same party. The Joint Rules Committee shall appoint the chairperson of the committee. (c) The Joint Committee on Boards, Commissions, and Consumer Protection shall have and exercise all of the rights, duties, and powers conferred upon investigating committees and their members by the Joint Rules of the Senate and Assembly as they are adopted and amended from time to time, which provisions are incorporated herein and made applicable to this committee and its members. (d) The Speaker of the Assembly and the Senate Committee on Rules may designate staff for the Joint Committee on Boards, Commissions, and Consumer Protection. (e) The Joint Committee on Boards, Commissions, and Consumer Protection is authorized to act until January 1, 2012, at which time the committee's existence shall terminate. SEC. 4. Section 473.15 of the Business and Professions Code is amended to read: 473.15. (a) The Joint Committee on Boards, Commissions, and Consumer Protection established pursuant to Section 473 shall review the following boards established by initiative measures, as provided in this section: (1) The State Board of Chiropractic Examiners established by an initiative measure approved by electors November 7, 1922. (2) The Osteopathic Medical Board of California established by an initiative measure approved June 2, 1913, and acts amendatory thereto approved by electors November 7, 1922. (b) The Osteopathic Medical Board of California shall prepare an analysis and submit a report as described in subdivisions (a) to (e), inclusive, of Section 473.2, to the Joint Committee on Boards, Commissions, and Consumer Protection on or before September 1, 2004. (c) The State Board of Chiropractic Examiners shall prepare an analysis and submit a report as described in subdivisions (a) to (e), inclusive, of Section 473.2, to the Joint Committee on Boards, Commissions, and Consumer Protection on or before September 1, 2005. (d) The Joint Committee on Boards, Commissions, and Consumer Protection shall, during the interim recess of 2004 for the Osteopathic Medical Board of California, and during the interim recess of 2005 for the State Board of Chiropractic Examiners, hold public hearings to receive testimony from the Director of Consumer Affairs, the board involved, the public, and the regulated industry. In that hearing, each board shall be prepared to demonstrate a compelling public need for the continued existence of the board or regulatory program, and that its licensing function is the least restrictive regulation consistent with the public health, safety, and welfare. (e) The Joint Committee on Boards, Commissions, and Consumer Protection shall evaluate and make determinations pursuant to Section 473.4 and shall report its findings and recommendations to the department as provided in Section 473.5. (f) In the exercise of its inherent power to make investigations and ascertain facts to formulate public policy and determine the necessity and expediency of contemplated legislation for the protection of the public health, safety, and welfare, it is the intent of the Legislature that the State Board of Chiropractic Examiners and the Osteopathic Medical Board of California be reviewed pursuant to this section. (g) It is not the intent of the Legislature in requiring a review under this section to amend the initiative measures that established the State Board of Chiropractic Examiners or the Osteopathic Medical Board of California. SEC. 5. Section 473.2 of the Business and Professions Code is amended to read: 473.2. All boards to which this chapter applies shall, with the assistance of the Department of Consumer Affairs, prepare an analysis and submit a report to the Joint Committee on Boards, Commissions, and Consumer Protection no later than 22 months before that board shall become inoperative. The analysis and report shall include, at a minimum, all of the following: (a) A comprehensive statement of the board's mission, goals, objectives and legal jurisdiction in protecting the health, safety, and welfare of the public. (b) The board's enforcement priorities, complaint and enforcement data, budget expenditures with average- and median-costs per case, and case aging data specific to post and preaccusation cases at the Attorney General's office. (c) The board's fund conditions, sources of revenues, and expenditure categories for the last four fiscal years by program component. (d) The board's description of its licensing process including the time and costs required to implement and administer its licensing examination, ownership of the license examination, relevancy and validity of the licensing examination, and passage rate and areas of examination. (e) The board's initiation of legislative efforts, budget change proposals, and other initiatives it has taken to improve its legislative mandate. SEC. 6. Section 473.3 of the Business and Professions Code is amended to read: 473.3. (a) Prior to the termination, continuation, or reestablishment of any board or any of the board's functions, the Joint Committee on Boards, Commissions, and Consumer Protection shall, during the interim recess preceding the date upon which a board becomes inoperative, hold public hearings to receive testimony from the Director of Consumer Affairs, the board involved, and the public and regulated industry. In that hearing, each board shall have the burden of demonstrating a compelling public need for the continued existence of the board or regulatory program, and that its licensing function is the least restrictive regulation consistent with the public health, safety, and welfare. (b) In addition to subdivision (a), in 2002 and every four years thereafter, the committee, in cooperation with the California Postsecondary Education Commission, shall hold a public hearing to receive testimony from the Director of Consumer Affairs, the Bureau for Private Postsecondary and Vocational Education, private postsecondary educational institutions regulated by the bureau, and students of those institutions. In those hearings, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare. (c) The committee, in cooperation with the California Postsecondary Education Commission, shall evaluate and review the effectiveness and efficiency of the Bureau for Private Postsecondary and Vocational Education, based on factors and minimum standards of performance that are specified in Section 473.4. The committee shall report its findings and recommendations as specified in Section 473.5. The bureau shall prepare an analysis and submit a report to the committee as specified in Section 473.2. (d) In addition to subdivision (a), in 2003 and every four years thereafter, the committee shall hold a public hearing to receive testimony from the Director of Consumer Affairs and the Bureau of Automotive Repair. In those hearings, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare. (e) The committee shall evaluate and review the effectiveness and efficiency of the Bureau of Automotive Repair based on factors and minimum standards of performance that are specified in Section 473.4. The committee shall report its findings and recommendations as specified in Section 473.5. The bureau shall prepare an analysis and submit a report to the committee as specified in Section 473.2. SEC. 7. Section 473.4 of the Business and Professions Code is amended to read: 473.4. (a) The Joint Committee on Boards, Commissions, and Consumer Protection shall evaluate and determine whether a board or regulatory program has demonstrated a public need for the continued existence of the board or regulatory program and for the degree of regulation the board or regulatory program implements based on the following factors and minimum standards of performance: (1) Whether regulation by the board is necessary to protect the public health, safety, and welfare. (2) Whether the basis or facts that necessitated the initial licensing or regulation of a practice or profession have changed. (3) Whether other conditions have arisen that would warrant increased, decreased, or the same degree of regulation. (4) If regulation of the profession or practice is necessary, whether existing statutes and regulations establish the least restrictive form of regulation consistent with the public interest, considering other available regulatory mechanisms, and whether the board rules enhance the public interest and are within the scope of legislative intent. (5) Whether the board operates and enforces its regulatory responsibilities in the public interest and whether its regulatory mission is impeded or enhanced by existing statutes, regulations, policies, practices, or any other circumstances, including budgetary, resource, and personnel matters. (6) Whether an analysis of board operations indicates that the board performs its statutory duties efficiently and effectively. (7) Whether the composition of the board adequately represents the public interest and whether the board encourages public participation in its decisions rather than participation only by the industry and individuals it regulates. (8) Whether the board and its laws or regulations stimulate or restrict competition, and the extent of the economic impact the board' s regulatory practices have on the state's business and technological growth. (9) Whether complaint, investigation, powers to intervene, and disciplinary procedures adequately protect the public and whether final dispositions of complaints, investigations, restraining orders, and disciplinary actions are in the public interest; or if it is, instead, self-serving to the profession, industry or individuals being regulated by the board. (10) Whether the scope of practice of the regulated profession or occupation contributes to the highest utilization of personnel and whether entry requirements encourage affirmative action. (11) Whether administrative and statutory changes are necessary to improve board operations to enhance the public interest. (b) The Joint Committee on Boards, Commissions, and Consumer Protection shall consider alternatives to placing responsibilities and jurisdiction of the board under the Department of Consumer Affairs. (c) Nothing in this section precludes any board from submitting other appropriate information to the Joint Committee on Boards, Commissions, and Consumer Protection. SEC. 8. Section 473.5 of the Business and Professions Code is amended to read: 473.5. The Joint Committee on Boards, Commissions, and Consumer Protection shall report its findings and preliminary recommendations to the department for its review, and, within 90 days of receiving the report, the department shall report its findings and recommendations to the Joint Committee on Boards, Commissions, and Consumer Protection during the next year of the regular session that follows the hearings described in Section 473.3. The committee shall then meet to vote on final recommendations. A final report shall be completed by the committee and made available to the public and the Legislature. The report shall include final recommendations of the department and the committee and whether each board or function scheduled for repeal shall be terminated, continued, or reestablished, and whether its functions should be revised. If the committee or the department deems it advisable, the report may include proposed bills to carry out its recommendations. SEC. 9. Section 473.6 of the Business and Professions Code is amended to read: 473.6. The chairpersons of the appropriate policy committees of the Legislature may refer to the Joint Committee on Boards, Commissions, and Consumer Protection for review of any legislative issues or proposals to create new licensure or regulatory categories, increase licensing requirements, or create a new licensing board under the provisions of this code or pursuant to Chapter 1.5 (commencing with Section 9148) of Part 1 of Division 2 of Title 2 of the Government Code. SEC. 10. Section 474 of the Business and Professions Code is amended to read: 474. The Joint Committee on Boards, Commissions, and Consumer Protection established pursuant to Section 473 shall review all state boards as defined in Section 9148.2 of the Government Code, other than boards subject to review pursuant to Chapter 1 (commencing with Section 473), every four years or over another time period as determined by the committee. SEC. 11. Section 474.1 of the Business and Professions Code is amended to read: 474.1. Prior to recommending the termination, continuation, or reestablishment of any board or any of the state board's functions, the Joint Committee on Boards, Commissions, and Consumer Protection shall hold public hearings to receive testimony from the board involved and the public. In that hearing, each board shall have the burden of demonstrating a compelling public need for the continued existence of the board. SEC. 12. Section 474.2 of the Business and Professions Code is amended to read: 474.2. All state boards to which this chapter applies shall prepare an analysis and submit a report to the Joint Committee on Boards, Commissions, and Consumer Protection not later than 22 months before that state board is scheduled to be reviewed by the committee. The analysis and report shall include, at a minimum, all of the following: (a) A comprehensive statement of the state board's mission, goals, objectives, and legal jurisdiction in protecting the health, safety, and welfare of the public. (b) The board's fund conditions, sources of revenues, and expenditure categories for the last four fiscal years by program component. (c) The board's initiation of legislative efforts, budget change proposals, and other initiatives it has taken to improve its legislative mandate. (d) A complete cost-benefit analysis of the board's operation for each of the four years preceding the date of the report or over a time period specified by the committee. SEC. 13. Section 474.3 of the Business and Professions Code is amended to read: 474.3. (a) The Joint Committee on Boards, Commissions, and Consumer Protection shall evaluate and determine whether a state board as defined in Section 9148.2 of the Government Code, other than a board, subject to review pursuant to Chapter 1 (commencing with Section 473), has demonstrated a public need for its continued existence based on, but not limited to, the following factors and minimum standards of performance: (1) Whether the board is necessary to protect the public health, safety, and welfare. (2) Whether the basis or facts that necessitated the initial creation of the state board have changed. (3) If the state board is necessary, whether existing statutes and regulations establish the most effective regulation consistent with the public interest, considering other available regulatory mechanisms, and whether the board rules enhance the public interest and are within the scope of legislative intent. (4) Whether the state board operates and enforces its responsibilities in the public interest and whether its mission is impeded or enhanced by existing statutes, regulations, policies, practices, or any other circumstances, including budgetary, resource, and personnel matters. (5) Whether an analysis of the state board indicates that it performs its statutory duties efficiently and effectively. (6) Whether the composition of the state board adequately represents the public interest and whether it encourages public participation in its decisions rather than participation only by the entities it regulates or advises. (7) Whether the state board and its laws or regulations stimulate or restrict competition, and the extent of the economic impact the board's regulatory practices have on the state's business and technological growth. (8) Whether administrative and statutory changes are necessary to improve the state board operations to enhance the public interest. (b) The Joint Committee on Boards, Commissions, and Consumer Protection shall consider the appropriateness of eliminating and consolidating responsibilities between state boards. (c) Nothing in this section precludes any state board or, if requested by the Joint Committee on Boards, Commissions, and Consumer Protection, the Legislative Analyst's Office, from submitting other appropriate information to the Joint Committee on Boards, Commissions, and Consumer Protection. SEC. 14. Section 474.4 of the Business and Professions Code is amended to read: 474.4. The Joint Committee on Boards, Commissions, and Consumer Protection shall meet to vote on final recommendations. A final report shall be completed by the committee and made available to the public and the Legislature. The report shall include final recommendations of the committee and whether each board or function shall be terminated, or continued, and whether its functions should be revised or consolidated with those of other state boards. If the committee deems it advisable, the report may include proposed bills to carry out its recommendations. SEC. 15. Section 1620.1 of the Business and Professions Code is amended to read: 1620.1. The Department of Consumer Affairs, in conjunction with the board and the Joint Committee on Boards, Commissions, and Consumer Protection, shall review the scope of practice for dental auxiliaries. The department shall employ the services of an independent consultant to perform this comprehensive analysis. The department shall be authorized to enter into an interagency agreement or be exempted from obtaining sole source approval for a sole source contract. The board shall pay for all of the costs associated with this comprehensive analysis. The department shall report its findings and recommendations to the Legislature by September 1, 2002. SEC. 16. Section 1628 of the Business and Professions Code is amended to read: 1628. Any person over 18 years of age is eligible to take an examination before the board upon making application therefor and meeting all of the following requirements: (a) Paying the fee for applicants for examination provided by this chapter. (b) Furnishing satisfactory evidence of having graduated from a reputable dental college approved by the board; provided, also, that applicants furnishing evidence of having graduated after 1921 shall also present satisfactory evidence of having completed at dental school or schools the full number of academic years of undergraduate courses required for graduation. For purposes of this article, "reputable dental college approved by the board" or "approved dental school" include a foreign dental school accredited by a body that has a reciprocal accreditation agreement with any commission or accreditation organization whose findings are accepted by the board. (c) Furnishing the satisfactory evidence of financial responsibility or liability insurance for injuries sustained or claimed to be sustained by a dental patient in the course of the examination as a result of the applicant's actions. (d) If the applicant has been issued a degree of doctor of dental medicine or doctor of dental surgery by a foreign dental school, he or she shall furnish all of the following documentary evidence to the board: (1) That he or she has completed, in a dental school or schools approved by the board pursuant to Section 1636.4, a resident course of professional instruction in dentistry for the full number of academic years of undergraduate courses required for graduation. (2) Subsequent thereto, he or she has been issued by the dental school a dental diploma or a dental degree, as evidence of the successful completion of the course of dental instruction required for graduation. (e) Any applicant who has been issued a dental diploma from a foreign dental school that has not, at the time of his or her graduation from the school, been approved by the board pursuant to Section 1636.4 shall not be eligible for examination until the applicant has successfully completed a minimum of two academic years of education at a dental college approved by the board pursuant to Article 1 (commencing with Section 1024) of Chapter 2 of Division 10 of Title 16 of the California Code of Regulations and has been issued a degree of doctor of dental medicine or doctor of dental surgery or its equivalent. This subdivision shall not apply to applicants who have successfully completed the requirements of Section 1636 as it read before it was repealed on January 1, 2004, on or before December 31, 2003, or who have successfully completed the requirements of Section 1628.2 on or before December 31, 2008. An applicant who has successfully completed the requirements of Section 1636 as it read before it was repealed on January 1, 2004, on or before December 31, 2003, or who has successfully completed the requirements of Section 1628.2 on or before December 31, 2008, shall be eligible to take the examination required by Section 1632, subject to the limitations set forth in Section 1632.5. (f) Subdivisions (d) and (e) do not apply to a person who has been issued a degree of doctor of dental medicine or doctor of dental surgery by a foreign dental school accredited by a body that has a reciprocal accreditation agreement with any commission or accreditation organization whose findings are accepted by the board. SEC. 17. Section 1628.2 is added to the Business and Professions Code, to read: 1628.2. (a) A person who has been issued a degree of doctor of dental medicine or doctor of dental surgery by a foreign dental school that is not approved by the board pursuant to Section 1636.4 shall be exempt from the requirements of subdivision (e) of Section 1628 if he or she meets all of the following requirements: (1) He or she furnishes documentary evidence satisfactory to the board of both of the following: (A) That he or she has completed in a dental school or schools a resident course of professional instruction in dentistry for the full number of academic years of undergraduate courses required for graduation. (B) That subsequent thereto, he or she has been issued by the dental school a dental diploma or a dental degree, as evidence of successful completion of the course of dental instruction required for graduation. (2) He or she passed Parts I and II of the National Board of Dental Examiners' examination on or before December 31, 2003. (3) He or she has passed an examination, on or before December 31, 2008, in which the applicant is required to demonstrate his or her skill in restorative technique, subject to the following: (A) An applicant who obtains an overall average grade of 75 percent in the restorative technique examination and a grade of 75 percent or more in two of the three subsections shall be deemed to have passed the examination. An applicant who obtains a grade of 85 percent in any subsection of the examination but does not pass the examination is exempt from retaking that subsection for two years following the date of the examination in which the grade of 85 percent was obtained. (B) Applications for this examination shall be submitted by mail only. An applicant for the examination shall submit to the board a mailing address for the applicant that is located within the United States. That mailing address shall be the sole address that the board is required to use to communicate with the applicant. (C) An applicant shall provide to the board copies of their passing scores on Parts I and II of the National Board of Dental Examiners examination within 90 days of the enactment of Assembly Bill No. 1467 of the 2003-04 Regular Legislative Session. An applicant who has previously taken the restorative technique examination or who has previously provided his or her passing scores on Parts I and II of the National Board of Dental Examiners shall not be subject to the requirement of this subparagraph. (D) (i) Notwithstanding Section 135, an applicant who fails to pass the examination under this section or Section 1636, as repealed on January 1, 2004, after four attempts or who fails to pass the examination on or before December 31, 2008, shall not be eligible for further reexamination under this paragraph, and shall not be eligible for the exemption from the requirements of subdivision (e) of Section 1628. Failure by an applicant to appear for the examination without good cause, as determined by the board, constitutes a failure to pass the examination for purposes of this paragraph. (ii) In order to be eligible to reapply to take the examination, an applicant who fails to pass the examination or fails to appear for the examination, and who has not used all four examination attempts, shall submit to the board a letter of intent stating his or her intent to reapply to take the examination. The applicant shall submit this letter to the board within 45 days of the board mailing notification to him or her of failure to pass the examination, or, if the applicant failed to appear for the examination, within 45 days of the examination date for which he or she failed to appear. The requirements of this clause shall not be construed to require the applicant to take the next examination offered by the board, however, it is the intent of the Legislature that applicants apply for reexaminations in a timely manner. (iii) An applicant who believes he or she has good cause for failing to appear at a scheduled examination shall state the grounds supporting the good cause in a letter to the board. If the board accepts those grounds as good cause, the applicant may reapply for a future examination in the usual manner used by the board for scheduling applicants for an examination, and the examination for which the applicant failed to appear shall not count against the maximum four attempts permitted by clause (i). If the board does not accept those grounds as good cause, the examination for which the applicant failed to appear shall be counted as one of those four attempts. (iv) If the applicant fails to comply with the requirements of clause (ii), he or she shall no longer qualify to take any future examination required by this paragraph, and shall be subject to the requirements of subdivision (e) of Section 1628. (E) If all qualified applicants have exhausted the four examination attempts permitted by subparagraph (D), or become ineligible to take the examination, the board may, prior to January 1, 2009, cease to offer administration of that examination at any time thereafter. (4) Failure to meet any of the requirements of paragraphs (1) to (3), inclusive, including, but not limited to, the requirement of subparagraph (C) of paragraph (3) that an applicant provide to the board copies of his or her passing scores on Parts I and II of the National Board of Dental Examiners examination within 90 days of the operative date of Assembly Bill No. 1467 of the 2003-04 Regular Legislative Session, shall make an applicant ineligible for the exemption from the requirements of subdivision (e) of Section 1628 provided by this section. (b) It is the intent of the Legislature that the restorative technique examination provided for by this section, including the eligibility provisions, be a continuation of the restorative technique examination provided for in Section 1636, as repealed on January 1, 2004, and that an applicant for the examination have no more than a total of four attempts to take the restorative technique examination. (c) This section shall remain in effect only until January 1, 2009, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2009, deletes or extends that date. SEC. 18. Section 1638.7 of the Business and Professions Code is amended to read: 1638.7. The next occupational analysis of dental licensees and oral and maxillofacial facial surgeons pursuant to Section 139 shall include a survey of the training and practices of oral and maxillofacial surgeons and, upon completion of that analysis, a report shall be made to the Joint Committee on Boards, Commissions, and Consumer Protection regarding the findings. SEC. 19. Section 4001.5 of the Business and Professions Code is amended to read: 4001.5. The Joint Committee on Boards, Commissions, and Consumer Protection shall review the state's shortage of pharmacists and make recommendations on a course of action to alleviate the shortage, including, but not limited to, a review of the current California pharmacist licensure examination. SEC. 20. Section 4934.2 of the Business and Professions Code is amended to read: 4934.2. The board shall conduct the following studies and reviews, and shall report its findings and recommendations to the department and the Joint Committee on Boards, Commissions, and Consumer Protection no later that September 1, 2004: (a) The board shall conduct a comprehensive study of the use of unlicensed acupuncture assistants and the need to license and regulate those assistants. (b) The board shall study and recommend ways to improve the frequency and consistency of their auditing and the quality and relevance of their courses. SEC. 21. Section 5000 of the Business and Professions Code is amended to read: 5000. There is in the Department of Consumer Affairs the California Board of Accountancy, which consists of 15 members, seven of whom shall be licensees, and eight of whom shall be public members who shall not be licentiates of the board or registered by the board. The board has the powers and duties conferred by this chapter. The Governor shall appoint four of the public members, and the seven licensee members as provided in this section. The Senate Rules Committee and the Speaker of the Assembly shall each appoint two public members. In appointing the seven licensee members, the Governor shall appoint members representing a cross section of the accounting profession with at least two members representing a small public accounting firm. For the purposes of this chapter, a small public accounting firm shall be defined as a professional firm that employs a total of no more than four licensees as partners, owners, or full-time employees in the practice of public accountancy within the State of California. This section shall become inoperative on July 1, 2005, and as of January 1, 2006, is repealed, unless a later enacted statute, that becomes effective on or before January 1, 2006, deletes or extends the dates on which this section becomes inoperative and is repealed. The repeal of this section renders the board subject to the review required by Division 1.2 (commencing with Section 473). However, the review of the board shall be limited to reports or studies specified in this chapter and those issues identified by the Joint Committee on Boards, Commissions, and Consumer Protection and the board regarding the implementation of new licensing requirements. SEC. 22. Section 5811 of the Business and Professions Code is amended to read: 5811. An interior design organization issuing stamps under Section 5801 shall provide to the Joint Committee on Boards, Commissions, and Consumer Protection by September 1, 2005, a report that reviews and assesses the costs and benefits associated with the California Code and Regulations Examination and explores feasible alternatives to that examination. SEC. 23. Section 6704.1 of the Business and Professions Code is amended to read: 6704.1. (a) The Department of Consumer Affairs, in conjunction with the board, and the Joint Committee on Boards, Commissions, and Consumer Protection shall review the engineering branch titles specified in Section 6732 to determine whether certain title acts should be eliminated from this chapter, retained, or converted to practice acts similar to civil, electrical, and mechanical engineering, and whether supplemental engineering work should be permitted for all branches of engineering. The department shall contract with an independent consulting firm to perform this comprehensive analysis of title act registration. (b) The independent consultant shall perform, but not be limited to, the following: (1) meet with representatives of each of the engineering branches and other professional groups; (2) examine the type of services and work provided by engineers in all branches of engineering and interrelated professions within the marketplace, to determine the interrelationship that exists between the various branches of engineers and other interrelated professions; (3) review and analyze educational requirements of engineers; (4) identify the degree to which supplemental or "overlapping" work between engineering branches and interrelated professions occurs; (5) review alternative methods of regulation of engineers in other states and what impact the regulations would have if adopted in California; (6) identify the manner in which local and state agencies utilize regulations and statutes to regulate engineering work; and, (7) recommend changes to existing laws regulating engineers after considering how these changes may effect the health, safety, and welfare of the public. (c) The board shall reimburse the department for costs associated with this comprehensive analysis. The department shall report its findings and recommendations to the Legislature by September 1, 2002. SEC. 24. Section 7000.5 of the Business and Professions Code is amended to read: 7000.5. (a) There is in the Department of Consumer Affairs a Contractors' State License Board, which consists of 15 members. (b) The repeal of this section renders the board subject to the review required by Division 1.2 (commencing with Section 473). However, the review of this board by the department shall be limited to only those unresolved issues identified by the Joint Committee on Boards, Commissions, and Consumer Protection. (c) This section shall become inoperative on July 1, 2007, and, as of January 1, 2008, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2008, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 25. Section 7316 of the Business and Professions Code is amended to read: 7316. (a) The practice of barbering is all or any combination of the following practices: (1) Shaving or trimming the beard or cutting the hair. (2) Giving facial and scalp massages or treatments with oils, creams, lotions, or other preparations either by hand or mechanical appliances. (3) Singeing, shampooing, arranging, dressing, curling, waving, chemical waving, hair relaxing, or dyeing the hair or applying hair tonics. (4) Applying cosmetic preparations, antiseptics, powders, oils, clays or lotions to scalp, face, or neck. (5) Hairstyling of all textures of hair by standard methods which are current at the time of the hairstyling. (b) The practice of cosmetology is all or any combination of the following practices: (1) Arranging, dressing, curling, waving, machineless permanent waving, permanent waving, cleansing, cutting, shampooing, relaxing, singeing, bleaching, tinting, coloring, straightening, dyeing, applying hair tonics to, beautifying, or otherwise treating by any means, the hair of any person. (2) Massaging, cleaning or stimulating the scalp, face, neck, arms, or upper part of the human body, by means of the hands, devices, apparatus or appliances, with or without the use of cosmetic preparations, antiseptics, tonics, lotions, or creams. (3) Beautifying the face, neck, arms, or upper part of the human body, by use of cosmetic preparations, antiseptics, tonics, lotions, or creams. (4) Removing superfluous hair from the body of any person by the use of depilatories or by the use of tweezers, chemicals, preparations or by the use of devices or appliances of any kind or description, except by the use of light waves, commonly known as rays. (5) Cutting, trimming, polishing, tinting, coloring, cleansing, or manicuring the nails of any person. (6) Massaging, cleansing, treating, or beautifying the hands or feet of any person. (c) Within the practice of cosmetology there exist the specialty branches of skin care, and nail care. (1) Skin care is any one or more of the following practices: (A) Giving facials, applying makeup, giving skin care, removing superfluous hair from the body of any person by the use of depilatories, tweezers or waxing, or applying eyelashes to any person. (B) Beautifying the face, neck, arms, or upper part of the human body, by use of cosmetic preparations, antiseptics, tonics, lotions, or creams. (C) Massaging, cleaning, or stimulating the face, neck, arms, or upper part of the human body, by means of the hands, devices, apparatus, or appliances, with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams. (2) Nail care is the practice of cutting, trimming, polishing, coloring, tinting, cleansing, or manicuring the nails of any person or massaging, cleansing, or beautifying the hands or feet of any person. (d) The practice of barbering and the practice of cosmetology do not include any of the following: (1) The mere sale, fitting, or styling of wigs or hairpieces. (2) Natural hair braiding. Natural hair braiding is a service that results in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking, or braiding by hand or mechanical device, provided that the service does not include haircutting or the application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair. (3) Threading. Threading is a technique that results in removing hair by twisting thread around unwanted hair and pulling it from the skin. This paragraph shall become inoperative on July 1, 2007. (e) The board shall report any complaints received on the practice of threading to the department and the Joint Committee on Boards, Commissions, and Consumer Protection no later than September 1, 2005. (f) Notwithstanding paragraph (2) of subdivision (d), a person who engages in natural hairstyling, which is defined as the provision of natural hair braiding services together with any of the services or procedures defined within the regulated practices of barbering or cosmetology, is subject to regulation pursuant to this chapter and shall obtain and maintain a barbering or cosmetology license as applicable to the services respectively offered or performed. (g) Electrolysis is the practice of removing hair from, or destroying hair on, the human body by the use of an electric needle only. "Electrolysis" as used in this chapter includes electrolysis or thermolysis. SEC. 26. Section 7612 of the Business and Professions Code is amended to read: 7612. The bureau shall do all of the following: (a) Conduct a comprehensive study of the need to regulate third-party casket retailers. (b) Report to the department and the Joint Committee on Boards, Commissions, and Consumer Protection on or before September 1, 2004, on the matter. SEC. 27. Section 8000 of the Business and Professions Code is amended to read: 8000. There is in the Department of Consumer Affairs a Court Reporters Board of California, which consists of five members, three of whom shall be public members and two of whom shall be holders of certificates issued under this chapter who have been actively engaged as shorthand reporters within this state for at least five years immediately preceding their appointment. This section shall become inoperative on July 1, 2006, and, as of January 1, 2007, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2007, deletes or extends the dates on which it becomes inoperative and is repealed. The repeal of this section renders the board subject to the review required by Division 1.2 (commencing with Section 473), except that the review shall be limited to only those unresolved issues identified by the Joint Committee on Boards, Commissions, and Consumer Protection. SEC. 28. Section 9610 of the Business and Professions Code is amended to read: 9610. The bureau shall do both of the following: (a) Conduct a comprehensive study of the need for the regulation of proprietary employees of religious corporations, churches, religious societies, and religious denominations. (b) Report to the department and the Joint Committee on Boards, Commissions, and Consumer Protection on or before September 1, 2004, on the matter specified in subdivision (a). SEC. 29. Section 94779.1 of the Education Code is amended to read: 94779.1. (a) The bureau shall work together with the staff of the Joint Committee on Boards, Commissions, and Consumer Protection, along with representatives of regulated institutions, the California Postsecondary Education Commission, the California Student Aid Commission, students, and other interested parties to revise this chapter to streamline its provisions and eliminate contradictions, redundancies, ambiguities, conflicting provisions, and unnecessary provisions, including consideration of having accreditation by the United States Department of Education approved regional accrediting bodies replace some of the bureau's approval requirements of degree-granting institutions, educational programs, and instructors. In addition, the bureau, in conjunction with these various entities, shall evaluate the provisions of this chapter to determine what additional changes are advisable to improve the effectiveness of the state's regulation of private postsecondary and vocational education, including, but not limited to, the need to regulate out-of-state postsecondary institutions that offer educational programs to California students via the Internet and the feasibility of that regulation, and the type and timeliness of information required to be provided to the bureau. (b) The bureau shall objectively assess the cost of meeting its statutory obligations, determine the staffing necessary to meet those obligations, determine whether the current fee structure allows for collection of revenue sufficient to support the necessary staffing, and report that information to the Director of Consumer Affairs and the Joint Committee on Boards, Commissions, and Consumer Protection by October 1, 2004. (c) The bureau shall continue to make additional improvements to its data collection and dissemination systems so that it will provide improved reporting of information regarding the private postsecondary and vocational education sector, and improved monitoring of reports, initial and renewal applications, complaint and enforcement records, and collection of fees among other information necessary to serve the bureau's wide-ranging data management needs effectively. SEC. 30. Section 94779.3 of the Education Code is amended to read: 94779.3. (a) The bureau shall establish an expanded outreach program for prospective and current private postsecondary and vocational education students and high school students, to provide them with information on how best to select postsecondary or vocational schools, how to enter into contracts and student enrollment agreements, how to protect themselves in the postsecondary and vocational education marketplace, and how to contact the bureau for assistance if problems arise. (b) Notwithstanding subdivision (a), the bureau may not establish an expanded outreach program pursuant to that subdivision until the occurrence of the following events: (1) The bureau reports to the Director of Consumer Affairs and to the Joint Committee on Boards, Commissions, and Consumer Protection on its fee structure and revenues pursuant to subdivision (b) of Section 94779.1. (2) The Director of Consumer Affairs makes findings after submittal of that report that the bureau has sufficient revenues to meet its current obligations and that the cost of an outreach program will not further jeopardize the bureau's ability to meet those obligations. (3) The director reports those findings to the committee. SEC. 31. Section 94990 of the Education Code is amended to read: 94990. The bureau is subject to the sunset review process conducted by the Joint Committee on Boards, Commissions, and Consumer Protection pursuant to Division 1.2 (commencing with Section 473) of the Business and Professions Code. Notwithstanding that this chapter does not specify that it will become inoperative on a specified date, the analyses, reports, public hearings, evaluations, and determinations required to be prepared, conducted, and made pursuant to Division 1.2 (commencing with Section 473) of the Business and Professions Code shall be prepared, conducted, and made in 2002 and every four years thereafter as long as this chapter is operative. SEC. 32. Section 94995 of the Education Code is amended to read: 94995. (a) Notwithstanding Section 7550.5 of the Government Code, on or before January 31 of each calendar year, the bureau shall submit a written report to the Legislature and to the California Postsecondary Education Commission, summarizing its activities during the previous fiscal year. (b) Annual reports prepared pursuant to this section shall include, but shall not necessarily be limited to, all of the following: (1) Timely information relating to the enforcement activities of the bureau pursuant to this chapter. (2) Statistics providing a composite picture of the private postsecondary educational community, including data on how many schools, as classified by subject matter, and how many students there are within the scope of the activities of the bureau. (c) Any reports submitted by the bureau to the Joint Committee on Boards, Commissions, and Consumer Protection pursuant to Division 1.2 (commencing with Section 473) of the Business and Professions Code during any calendar year shall satisfy the reporting requirements of this section for that year. SEC. 33. Section 9148.8 of the Government Code is amended to read: 9148.8. (a) The Committee on Rules of either house of the Legislature, acting pursuant to a request from the chairperson of the appropriate policy committee, may direct the Joint Committee on Boards, Commissions, and Consumer Protection to evaluate a plan prepared pursuant to Section 9148.4 or 9148.6. (b) Evaluations prepared by the Joint Committee on Boards, Commissions, and Consumer Protection pursuant to this section shall be provided to the respective Committee on Rules and the policy and fiscal committees of the Legislature pursuant to rules adopted by each committee for this purpose. SEC. 34. Section 9148.52 of the Government Code is amended to read: 9148.52. (a) The Joint Committee on Boards, Commissions, and Consumer Protection established pursuant to Section 473 of the Business and Professions Code shall review all state boards, as defined in Section 9148.2, other than a board subject to review pursuant to Chapter 1 (commencing with Section 473) of Division 1.2 of the Business and Professions Code, every four years. (b) The committee shall evaluate and make determinations pursuant to Chapter 2 (commencing with Section 474) of Division 1.2 of the Business and Professions Code. SEC. 35. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to enable the licensing of additional dentists to assist in serving underserved communities as quickly as possible, and to rename the Joint Legislative Sunset Review Committee, it is necessary that this act take effect immediately.