BILL NUMBER: SB 1111 CHAPTERED
BILL TEXT
CHAPTER 621
FILED WITH SECRETARY OF STATE OCTOBER 6, 2005
APPROVED BY GOVERNOR OCTOBER 6, 2005
PASSED THE SENATE SEPTEMBER 7, 2005
PASSED THE ASSEMBLY SEPTEMBER 6, 2005
AMENDED IN ASSEMBLY SEPTEMBER 1, 2005
AMENDED IN ASSEMBLY AUGUST 25, 2005
AMENDED IN ASSEMBLY AUGUST 16, 2005
AMENDED IN ASSEMBLY AUGUST 15, 2005
AMENDED IN SENATE MAY 11, 2005
INTRODUCED BY Committee on Business, Professions and Economic
Development (Senators Figueroa (Chair), Aanestad, Campbell, Florez,
Morrow, Murray, and Simitian)
MARCH 30, 2005
An act to amend Sections 1725, 1741, 1750, 1750.1, 1750.2, 1750.3,
1751, 1752, 1752.5, 1753, 1753.1, 1753.5, 1754, 1756, 1757, 1770,
2053.5, 2053.6, 2064, 2230, 2234.1, 2466, 2472, 2474, 2475, 2492,
2493, 2498, 2499.8, 2741, 3735, 3739, 4005, 4038, 4053, 4104, 4106,
4114, 4115, 4115.5, 4127.5, 4161, 4202, 4205, 4231, 4232, 4315, 4360,
4364, 4365, 4366, 4369, 4371, 4372, 4373, 4400, and 4850 of, to
amend and renumber Section 1753 of, to add Sections 1751.1, 1752.2,
1752.6, 3779, and 4023.5 to, to repeal Sections 1752, 2570.8, 3735.3,
3736, 3775.2, 3775.3, 4206, 4363, 4367, 4368, and 4370 of, and to
repeal and add Sections 4361 and 4362 of, the Business and
Professions Code, relating to professions and vocations, and making
an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1111, Committee on Business, Professions and Economic
Development Professions and vocations.
Existing law provides for the regulation of various professions,
including physicians and surgeons, podiatrists, physician assistants,
dentists, dental auxiliaries, nurses, respiratory care
practitioners, and pharmacists.
This bill would revise and recast certain provisions regulating
these professions.
This bill would specify that the fee for examination for licensure
as a registered dental assistant shall not exceed $50 for the
written examination and shall not exceed $60 for the practical
examination and, on and after January 1, 2008, the application fee
and fee for issuance of a license for registered orthodontic
assistants, registered surgery assistants, registered restorative
assistants, and registered dental assistants shall not exceed $50.
The bill would require the Dental Board of California to license a
person who meets specified requirements as a registered dental
assistant and it would also expand those requirements. The bill would
specify that, on and after January 1, 2008, a registered dental
assistant may perform specified duties and procedures similar to
other dental auxiliaries. The bill would authorize, on and after
January 1, 2008, a registered dental assistant in extended functions
to perform all duties and procedures that a registered dental
assistant is authorized to perform. The bill would also extend
various inoperative and repeal dates relating to dentists and dental
auxiliaries.
This bill would require the Division of Medical Quality of the
Medical Board of California to organize itself as 2 panels of 7
members. The bill would provide that a podiatric medicine licensee
whose renewal fee has been waived cannot practice podiatric medicine
unless specified requirements have been satisfied. The bill would
require an applicant for a license to practice respiratory care to
successfully pass the national respiratory therapist examination. The
bill would require a pharmacy to have written policies and
procedures for detecting chemical, mental, or physical impairment
among licensed individuals employed by or with the pharmacy. The bill
would require a pharmacy to report certain information to the
California State Board of Pharmacy for the protection of the public.
The bill would require the board to operate a pharmacists recovery
program to rehabilitate pharmacists and intern pharmacists whose
competence may be impaired due to abuse of alcohol, drug use, or
mental illness. The bill would establish requirements for this
program and require the board to contract with one or more qualified
contractors to administer the program. Because the bill would
increase fees under the Pharmacy Law that would be deposited into the
Pharmacy Board Contingent Fund which is continuously appropriated,
the bill would make an appropriation.
The bill would incorporate additional changes to Section 2234.1 of
the Business and Professions Code made by this bill and AB 592 to
take effect if both bills are enacted and this bill is enacted last.
The bill would incorporate additional changes to Section 4315 of
the Business and Professions Code made by this bill and SB 644 to
take effect if both bills are enacted and this bill is enacted last.
The bill would incorporate additional changes to Section 4400 of
the Business and Professions Code made by this bill and AB 497 to
take effect if both bills are enacted and this bill is enacted last.
Because a violation of the bill with respect to podiatrists and
pharmacists would be a crime, it would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1725 of the Business and Professions Code is
amended to read:
1725. The amount of the fees prescribed by this chapter that
relate to the licensing of dental auxiliaries shall be established by
board resolution and subject to the following limitations:
(a) The application fee for an original license shall not exceed
twenty dollars ($20).
(b) The fee for examination for licensure as a registered dental
assistant shall not exceed fifty dollars ($50) for the written
examination and shall not exceed sixty dollars ($60) for the
practical examination. On and after January 1, 2008, the application
fee and the fee for issuance of a license as a registered orthodontic
assistant, registered surgery assistant, registered restorative
assistant, or registered dental assistant shall not exceed fifty
dollars ($50).
(c) The fee for examination for licensure as a registered dental
assistant in extended functions or a registered restorative assistant
in extended functions shall not exceed two hundred fifty dollars
($250).
(d) The fee for examination for licensure as a registered dental
hygienist shall not exceed two hundred twenty dollars ($220).
(e) For third- and fourth-year dental students, the fee for
examination for licensure as a registered dental hygienist shall not
exceed the actual cost of the examination.
(f) The fee for examination for licensure as a registered dental
hygienist in extended functions shall not exceed two hundred fifty
dollars ($250).
(g) The board shall establish the fee at an amount not to exceed
the actual cost for licensure as a registered dental hygienist in
alternative practice.
(h) The biennial renewal fee for a dental auxiliary whose license
expires on or after January 1, 1991, shall not exceed sixty dollars
($60). On or after January 1, 1992, the board may set the renewal fee
in an amount not to exceed eighty dollars ($80).
(i) The delinquency fee shall not exceed twenty-five dollars ($25)
or one-half of the renewal fee, whichever is greater. Any delinquent
license may be restored only upon payment of all fees, including the
delinquency fee.
(j) The fee for issuance of a duplicate registration, license, or
certificate to replace one that is lost or destroyed, or in the event
of a name change, shall not exceed twenty-five dollars ($25).
(k) The fee for each curriculum review and site evaluation for
educational programs for registered dental assistants which are not
accredited by a board-approved agency, the Council for Private
Postsecondary and Vocational Education, or the Chancellor's office of
the California Community Colleges shall not exceed one thousand four
hundred dollars ($1,400).
(l) The fee for each review of radiation safety courses or
specialty registration courses that are not accredited by a
board-approved agency, the Council for Private Postsecondary and
Vocational Education, or the Chancellor's office of the California
Community Colleges shall not exceed three hundred dollars ($300).
(m) No fees or charges other than those listed in subdivisions (a)
through (k) above shall be levied by the board in connection with
the licensure of dental auxiliaries, registered dental assistants
educational program site evaluations and radiation safety course
evaluations pursuant to this chapter.
(n) Fees fixed by the board pursuant to this section shall not be
subject to the approval of the Office of Administrative Law.
(o) Fees collected pursuant to this section shall be deposited in
the State Dental Auxiliary Fund.
SEC. 2. Section 1741 of the Business and Professions Code is
amended to read:
1741. As used in this article:
(a) "Board" means the Dental Board of California.
(b) "Committee" means the Committee on Dental Auxiliaries.
(c) "Direct supervision" means supervision of dental procedures
based on instructions given by a licensed dentist, who must be
physically present in the treatment facility during the performance
of those procedures.
(d) "General supervision" means supervision of dental procedures
based on instructions given by a licensed dentist but not requiring
the physical presence of the supervising dentist during the
performance of those procedures.
(e) "Dental auxiliary" means a person who may perform dental
assisting or dental hygiene procedures authorized by this article.
SEC. 3. Section 1750 of the Business and Professions Code, as
amended by Section 5 of Chapter 667 of the Statutes of 2004, is
amended to read:
1750. (a) A dental assistant is a person who may perform basic
supportive dental procedures as authorized by this article under the
supervision of a licensed dentist and who may perform basic
supportive procedures as authorized pursuant to subdivision (b) of
Section 1751 under the supervision of a registered dental hygienist
in alternative practice.
(b) This section shall become inoperative on December 31, 2007,
and, as of January 1, 2008, is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 4. Section 1750 of the Business and Professions Code, as
added by Section 6 of Chapter 667 of the Statutes of 2004, is amended
to read:
1750. (a) A dental assistant is an individual who, without a
license, may perform basic supportive dental procedures, as
authorized by this article and by regulations adopted by the board,
under the supervision of a licensed dentist. "Basic supportive dental
procedures" are those procedures that have technically elementary
characteristics, are completely reversible, and are unlikely to
precipitate potentially hazardous conditions for the patient being
treated. These basic supportive dental procedures may be performed
under general supervision. These basic supportive dental procedures
do not include those procedures authorized in Section 1750.3 or
Section 1753.1, or by the board pursuant to Section 1751 for
registered assistants.
(b) The supervising licensed dentist shall be responsible for
determining the competency of the dental assistant to perform the
basic supportive dental procedures authorized pursuant to subdivision
(a).
(c) The supervising licensed dentist shall be responsible for
assuring that each dental assistant, registered orthodontic
assistant, registered surgery assistant, registered restorative
assistant, registered restorative assistant in extended functions,
registered dental assistant, and registered dental assistant in
extended functions, who is in his or her continuous employ for 120
days or more, has completed both of the following within a year of
the date of employment:
(1) Board-approved courses in infection control and California
law.
(2) A course in basic life support offered by the American Red
Cross, the American Heart Association, or any other course approved
by the board as equivalent.
(d) Prior to operating radiographic equipment or applying for
licensure as a registered dental assistant under Section 1752.5, an
auxiliary described in subdivision (c) shall successfully complete a
radiation safety course approved by the board.
(e) This section shall become operative on January 1, 2008.
SEC. 5. Section 1750.1 of the Business and Professions Code is
amended to read:
1750.1. (a) The practice of dental assisting does not include any
of the following procedures:
(1) Diagnosis and comprehensive treatment planning.
(2) Placing, finishing, or removing permanent restorations, except
as provided in Section 1753.1.
(3) Surgery or cutting on hard and soft tissue including, but not
limited to, the removal of teeth and the cutting and suturing of soft
tissue.
(4) Prescribing medication.
(5) Starting or adjusting local or general anesthesia or oral or
parenteral conscious sedation, except for the administration of
nitrous oxide and oxygen, whether administered alone or in
combination with each other and except as otherwise provided in this
article.
(b) This section shall become operative on January 1, 2008.
SEC. 6. Section 1750.2 of the Business and Professions Code is
amended to read:
1750.2. (a) On and after January 1, 2008, the board shall license
as a "registered orthodontic assistant," "registered surgery
assistant," or "registered restorative assistant" any person who
submits written evidence of satisfactory completion of a course or
courses approved by the board pursuant to subdivision (b) that
qualifies him or her in one of these specialty areas of practice.
(b) The board shall adopt regulations for the approval of
postsecondary specialty registration courses in the specialty areas
specified in this section. The board shall also adopt regulations for
the approval and recognition of required prerequisite courses and
core courses that teach basic dental science, when these courses are
taught at secondary institutions, regional occupational centers, or
through regional occupational programs.
The regulations shall define the minimum education and training
requirements necessary to achieve proficiency in the procedures
authorized for each specialty registration, taking into account the
combinations of classroom and practical instruction, clinical
training, and supervised work experience that are most likely to
provide the greatest number of opportunities for improving dental
assisting skills efficiently.
(c) The board may approve specialty registration courses referred
to in this section prior to January 1, 2008, and the board shall
recognize the completion of these approved courses prior to January
1, 2008, but no specialty registrations shall be issued prior to
January 1, 2008.
(d) The board may approve a course for the specialty registration
listed in subdivision (b) that does not include instruction in
coronal polishing.
(e) The board may approve a course that only includes instruction
in coronal polishing as specified in paragraph (8) of subdivision (b)
of Section 1750.3.
(f) A person who holds a specialty registration pursuant to this
section shall be subject to the continuing education requirements
established by the board pursuant to Section 1645 and the renewal
requirements of Article 6 (commencing with Section 1715).
SEC. 7. Section 1750.3 of the Business and Professions Code is
amended to read:
1750.3. (a) A registered orthodontic assistant may perform all of
the following dental procedures, as well as those authorized by
board regulations adopted pursuant to Section 1751:
(1) Any duties that a dental assistant may perform.
(2) Mouth-mirror inspections of the oral cavity, to include
charting of obvious lesions, existing restorations, and missing
teeth.
(3) Placing metal orthodontic separators.
(4) Placing ligatures and arch wires.
(5) Taking orthodontic impressions.
(6) Sizing, fitting, cementing, and removal of orthodontic bands.
(7) Selecting, prepositioning, curing in a position approved by
the supervising dentist, and removal of orthodontic brackets.
(8) Coronal polishing.
(9) Preparing teeth for bonding.
(10) Applying bleaching agents and activating bleaching agents
with nonlaser, light-curing devices.
(11) Removal of excess cement from coronal surfaces of teeth under
orthodontic treatment by means of a hand instrument or an ultrasonic
scaler.
(12) Taking facebow transfers and bite registrations for
diagnostic models for case study only.
(b) A registered surgery assistant may perform the following
dental procedures, as well as those authorized by board regulations
adopted pursuant to Section 1751:
(1) Any duties that a dental assistant may perform.
(2) Mouth-mirror inspections of the oral cavity, to include
charting of obvious lesions, existing restorations, and missing
teeth.
(3) Monitoring of patients during the preoperative,
intraoperative, and postoperative phases.
(A) For purposes of this paragraph, patient monitoring includes
the following:
(i) Selection and validation of monitoring sensors, selecting
menus and default settings and analysis for electrocardiogram, pulse
oximeter and capnograph, continuous blood pressure, pulse, and
respiration rates.
(ii) Interpretation of data from noninvasive patient monitors
including readings from continuous blood pressure and information
from the monitor display for electrocardiogram waveform, carbon
dioxide and end tidal carbon dioxide concentration, respiratory cycle
data, continuous noninvasive blood pressure data, and pulse arterial
oxygen saturation measurements, for the purpose of evaluating the
condition of the patient during preoperative, intraoperative, and
postoperative treatment.
(B) For purposes of this paragraph, patient monitoring does not
include the following:
(i) Reading and transmitting information from the monitor display
during the intraoperative phase of surgery for electrocardiogram
waveform, carbon dioxide and end tidal carbon dioxide concentrations,
respiratory cycle data, continuous noninvasive blood pressure data,
or pulse arterial oxygen saturation measurements, for the purpose of
interpretation and evaluation by a licensed dentist who shall be at
chairside during this procedure.
(ii) Placing of sensors.
(4) Taking impressions for surgical splints and occlusal guards.
(5) Placement of surgical dressings .
(6) Adding drugs, medications, and fluids to intravenous lines
using a syringe, provided that a licensed dentist is present at the
patient's chairside.
(7) Removal of intravenous lines.
(8) Coronal polishing, provided that evidence of satisfactory
completion of a board-approved course in this function has been
submitted to the board prior to the performance thereof.
(c) A registered restorative assistant may perform all of the
following dental procedures, as well as those authorized by board
regulations adopted pursuant to Section 1751:
(1) Any duties that a dental assistant may perform.
(2) Mouth-mirror inspections of the oral cavity, to include
charting of obvious lesions, existing restorations, and missing
teeth.
(3) Sizing, fitting, adjusting, intraorally fabricating,
temporarily cementing, and removing temporary crowns and other
temporary restorations.
(4) Placing bases and liners on sound dentin.
(5) Removing excess cement from supragingival surfaces of teeth
with a hand instrument or an ultrasonic scaler.
(6) Taking facebow transfers and bite registrations for diagnostic
models for case study only.
(7) Taking impressions for space-maintaining appliances and
occlusal guards.
(8) Coronal polishing.
(9) Applying pit and fissure sealants.
(10) Applying bleaching agents and activating bleaching agents
with nonlaser, light-curing devices.
(11) Placement of surgical dressings.
(d) The supervising dentist shall be responsible for determining
the level of supervision required for assistants registered pursuant
to this section.
(e) This section shall become operative on January 1, 2008.
SEC. 7.1. Section 1751 of the Business and Professions Code, as
amended by Section 10 of Chapter 667 of the Statutes of 2004, is
amended to read:
1751. (a) By September 15, 1993, the board, upon recommendation
of the committee, consistent with this article, standards of good
dental practice, and the health and welfare of patients, shall adopt
regulations relating to the functions that may be performed by dental
assistants under direct or general supervision, and the settings
within which dental assistants may work. At least once every seven
years thereafter, the board shall review the list of functions
performable by dental assistants, the supervision level, and settings
under which they may be performed, and shall update the regulations
as needed to keep them current with the state of the practice.
(b) Under the supervision of a registered dental hygienist in
alternative practice, a dental assistant may perform intraoral
retraction and suctioning.
(c) This section shall become inoperative on December 31, 2007,
and, as of January 1, 2008, is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 8. Section 1751 of the Business and Professions Code, as
added by Section 11 of Chapter 667 of the Statutes of 2004, is
amended to read:
1751. (a) The board, upon recommendation of the committee, shall
adopt regulations governing the procedures that dental assistants,
registered orthodontic assistants, registered surgery assistants,
registered restorative assistants, registered dental assistants,
registered restorative assistants in extended functions, and
registered dental assistants in extended functions are authorized to
perform consistent with and necessary to implement the provisions of
this article, and the settings within which each may practice.
(b) The board shall conduct an initial review of the procedures,
supervision level, settings under which they may be performed, and
utilization of extended functions dental auxiliaries by January 1,
2012. The board shall submit the results of its review to the Joint
Committee on Boards, Commissions, and Consumer Protection. After the
initial review, a review shall be conducted at least once every five
to seven years thereafter and the board shall update regulations as
necessary to keep them current with the state of dental practice.
(c) This section shall become operative on January 1, 2008.
SEC. 9. Section 1751.1 is added to the Business and Professions
Code, to read:
1751.1. Notwithstanding any other provision of law, in order to
expedite the implementation of the provisions in Chapter 667 of the
Statutes of 2004 and Senate Bill 1111 of the 2005-06 Regular Session
relating to educational programs and courses for registered
orthodontic assistants, registered surgery assistants, registered
restorative assistants, registered dental assistants, registered
restorative assistants in extended functions, and registered dental
assistants in extended functions and to ensure consistency between
these provisions, in initially adopting regulations pursuant to
Sections 1750.2, 1752.2, 1752.5, 1752.6, 1753 and 1757, the board
shall publish a notice of proposed regulatory action for each of the
above regulations on the same date in the same year.
SEC. 10. Section 1752 of the Business and Professions Code, as
amended by Section 12 of Chapter 667 of the Statutes of 2004, is
amended to read:
1752. (a) The supervising licensed dentist shall be responsible
for determining the competency of the dental assistant to perform
allowable functions.
(b) This section shall become inoperative on December 31, 2007,
and, as of January 1, 2008, is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 10.1. Section 1752 of the Business and Professions Code, as
added by Section 13 of Chapter 667 of the Statutes of 2004, is
amended to read:
1752. (a) A "registered dental assistant in extended functions"
is an individual licensed pursuant to this article who may perform
basic restorative services and direct patient care, as authorized by
Sections 1750, 1750.3, and 1753.1, and by the board regulations
adopted pursuant to Section 1751 under the supervision of a licensed
dentist.
(b) A "registered restorative assistant in extended functions" is
an individual licensed pursuant to this article who may perform basic
restorative services and direct patient care, as authorized by
Section 1750, subdivision (c) of Section 1750.3, and Section 1753.1,
and by board regulations adopted pursuant to Section 1751 under the
supervision of a licensed dentist.
(c) This section shall become operative on January 1, 2008.
SEC. 11. Section 1752.2 is added to the Business and Professions
Code, to read:
1752.2. (a) A board-approved educational program in registered
dental assisting, as provided in subdivisions (a) and (b) of Section
1752.5, is a program that has met the requirements for approval
pursuant to board regulations.
(b) An educational program in registered dental assisting that has
been approved by the board prior to January 1, 2008, to teach the
duties that a registered dental assistant was allowed to perform
pursuant to board regulations prior to January 1, 2008, shall
continue to be so approved on and after January 1, 2008, if it has
certified no later than November 30, 2007, on a form specified by the
board, that it shall provide instruction in all duties that
registered dental assistants shall be allowed to perform on and after
January 1, 2008, with the exception of adding drugs, medications,
and fluids to intravenous lines using a syringe.
(c) The board may at any time conduct a thorough evaluation of an
approved educational program's curriculum and facilities to determine
whether the program meets the requirements for approval as specified
in board regulations.
SEC. 12. Section 1752 of the Business and Professions Code, as
added by Section 13 of Chapter 667 of the Statutes of 2004, is
repealed.
SEC. 13. Section 1752.5 of the Business and Professions Code is
amended to read:
1752.5. On and after September 1, 2007, a person may apply for
and be issued a license as a registered dental assistant upon
providing evidence to the board of one of the following:
(a) Successful completion of an educational program in registered
dental assisting approved by the board on or after January 1, 2006,
to teach all of the functions specified in Section 1750.3.
(b) Successful completion of:
(1) An educational program in registered dental assisting approved
by the board to teach the duties that registered dental assistants
were allowed to perform pursuant to board regulations prior to
January 1, 2008.
(2) A board-approved course or courses in the following duties:
(A) Selecting, prepositioning, curing in a position approved by
the supervising dentist, and removal of orthodontic brackets.
(B) Monitoring of patients during the preoperative,
intraoperative, and postoperative phases.
(i) For purposes of this subparagraph, patient monitoring includes
the following:
(I) Selection and validation of monitoring sensors, selecting
menus and default settings and analysis for electrocardiogram, pulse
oximeter and capnograph, continuous blood pressure, pulse, and
respiration rates.
(II) Interpretation of data from noninvasive patient monitors
including readings from continuous blood pressure and information
from the monitor display for electrocardiogram waveform, carbon
dioxide and end tidal carbon dioxide concentration, respiratory cycle
data, continuous noninvasive blood pressure data, and pulse arterial
oxygen saturation measurements, for the purpose of evaluating the
condition of the patient during preoperative, intraoperative, and
postoperative treatment.
(ii) For purposes of this subparagraph, patient monitoring does
not include the following:
(I) Reading and transmitting information from the monitor display
during the intraoperative phase of surgery for electrocardiogram
waveform, carbon dioxide and end tidal carbon dioxide concentrations,
respiratory cycle data, continuous noninvasive blood pressure data,
or pulse arterial oxygen saturation measurements, for the purpose of
interpretation and evaluation by a licensed dentist who shall be at
chairside during this procedure.
(II) Placing of sensors.
(C) Adding drugs, medications, and fluids to intravenous lines
using a syringe.
(D) Applying pit and fissure sealants.
(c) Successful completion of:
(1) Twelve months of satisfactory work experience as a dental
assistant in California or another state. The board shall give credit
toward the 12 months of work experience to persons who have
graduated from a dental assisting program in a postsecondary
institution, secondary institution, regional occupational center, or
regional occupation program that are not approved by the board. The
credit shall equal the total weeks spent in classroom training and
internship on a week-for-week basis not to exceed 16 weeks.
(2) The three board-approved specialty registration courses, as
defined in Section 1750.2, for registration as a registered
orthodontic assistant, registered surgery assistant, and registered
restorative assistant.
(3) A board-approved radiation safety program.
SEC. 14. Section 1752.6 is added to the Business and Professions
Code, to read:
1752.6. A registered dental assistant may perform all duties and
procedures that a dental assistant, registered orthodontic assistant,
registered surgery assistant, and a registered restorative assistant
are allowed to perform, as well as those procedures authorized by
regulations adopted pursuant to Section 1751, except for the
following:
(a) A registered dental assistant who qualifies for licensure
under subdivision (a) of Section 1752.5 may only perform the
registered surgery assistant duty of adding drugs, medications, and
fluids to intravenous lines after providing evidence of completion of
a board-approved course in this duty.
(b) A registered dental assistant licensed on or before July 1,
2008, who qualified for licensure prior to September 1, 2007, may
only perform the following duties after the completion of a
board-approved course or courses in the following duties:
(1) Selecting, prepositioning, curing in a position approved by
the supervising dentist, and removal of orthodontic brackets.
(2) Monitoring of patients during the preoperative,
intraoperative, and postoperative phases, using noninvasive
instrumentation such as pulse oximeters, electrocardiograms, and
capnography.
(3) Adding drugs, medications, and fluids to intravenous lines.
(4) Applying pit and fissure sealants.
(c) The supervising dentist shall be responsible for determining
the level of supervision required for authorized procedures performed
by registered dental assistants.
(d) This section shall become operative on January 1, 2008.
SEC. 15. Section 1753 of the Business and Professions Code, as
amended by Section 15 of Chapter 667 of the Statutes of 2004, is
amended and renumbered to read:
1752.1. (a) The board shall license as a registered dental
assistant a person who files an application prior to September 1,
2007, and submits written evidence, satisfactory to the board, of
either one of the following requirements:
(1) Graduation from an educational program in
dental assisting approved by the board, and satisfactory performance
on written and practical examinations required by the board.
(2) Satisfactory work experience of more than 12 months as a
dental assistant in California or another state and satisfactory
performance on a written and practical examination required by the
board. The board shall give credit toward the 12 months work
experience referred to in this subdivision to persons who have
graduated from a dental assisting program in a postsecondary
institution approved by the Department of Education or in a secondary
institution, regional occupational center, or regional occupational
program, that are not, however, approved by the board pursuant to
subdivision (a). The credit shall equal the total weeks spent in
classroom training and internship on a week-for-week basis not to
exceed 16 weeks. The board, in cooperation with the Superintendent of
Public Instruction, shall establish the minimum criteria for the
curriculum of nonboard-approved programs. Additionally, the board
shall notify those programs only if the program's curriculum does not
meet established minimum criteria, as established for board-approved
registered dental assistant programs, except any requirement that
the program be given in a postsecondary institution. Graduates of
programs not meeting established minimum criteria shall not qualify
for satisfactory work experience as defined by this section.
(b) In addition to the requirements specified in subdivision (a),
each applicant for registered dental assistant licensure on or after
July 1, 2002, shall provide evidence of having successfully completed
board-approved courses in radiation safety and coronal polishing as
a condition of licensure. The length and content of the courses shall
be governed by applicable board regulations.
(c) An applicant who fails to pass the written and practical
examinations required by this section on or before June 30, 2008,
shall not be eligible for further reexamination and must apply for
and meet the requirements for registered dental assistant licensure
specified in Section 1752.5. Between September 1, 2007, and June 30,
2008, an applicant shall only be allowed to apply to take the written
examination two times, and shall only be allowed to apply to take
the practical examination two times.
(d) This section shall become inoperative on December 31, 2008,
and, as of January 1, 2009, is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 16. Section 1753 of the Business and Professions Code, as
added by Section 16 of Chapter 667 of the Statutes of 2004, is
amended to read:
1753. (a) On and after January 1, 2008, the board shall license
as a registered dental assistant in extended functions a person who
submits written evidence, satisfactory to the board, of all of the
following:
(1) Current licensure as a registered dental assistant, or
completion of the requirements for licensure as a registered dental
assistant, as provided in Section 1752.5.
(2) Successful completion of either of the following:
(A) An extended functions postsecondary program approved by the
board in all of the procedures specified in Section 1753.1.
(B) An extended functions postsecondary program approved by the
board on or before to teach the duties that registered dental
assistants in extended functions were allowed to perform pursuant to
board regulations prior to January 1, 2008, and a course approved by
the board in the procedures specified in paragraphs (8) through (13)
of subdivision (b) of Section 1753.1.
(3) Successful completion of board-approved courses in radiation
safety and, within the last two years, courses in infection control,
California dental law, and basic life support.
(4) Satisfactory performance on a written examination and a
clinical or practical examination specified by the board. The board
shall designate whether the written examination shall be administered
by the committee or by the board-approved extended functions
program.
(b) On and after January 1, 2008, the board shall license as a
registered restorative assistant in extended functions a person who
submits written evidence, satisfactory to the board, of all of the
following:
(1) Completion of 12 months of satisfactory work experience as a
dental assistant in California or another state. The board shall
give credit toward the 12 months of work experience to persons who
have graduated from a dental assisting program in a postsecondary
institution, secondary institution, regional occupational center, or
regional occupation program that are not approved by the board. The
credit shall equal the total weeks spent in classroom training and
internship on a week-for-week basis, not to exceed 16 weeks.
(2) Successful completion of a board-approved course in radiation
safety, and, within the last two years, courses in infection control,
California dental law, and basic life support.
(3) Successful completion of a postsecondary program approved by
the board for restorative dental assisting specialty registration
specified in subdivision (c) of Section 1750.3.
(4) Successful completion of an extended functions postsecondary
program approved by the board in all of the procedures specified in
Section 1753.1.
(5) Satisfactory performance on a written examination and a
clinical or practical examination specified by the board. The board
shall designate whether the written examination shall be administered
by the committee or by the board-approved extended functions
program.
(c) In approving extended functions postsecondary programs
required to be completed for licensure pursuant to this section, the
board shall require that the programs be taught by persons having
prior experience teaching the applicable procedures specified in
Section 1753.1, or procedures otherwise authorized by the board
pursuant to Section 1751, in a dental school approved either by the
Commission on Dental Accreditation or a comparable organization
approved by the board. Approved programs shall include didactic,
laboratory, and clinical modalities.
(d) The board may approve extended functions postsecondary
programs referred to in this section prior to January 1, 2008, and
the board shall recognize the completion of these approved programs
prior to January 1, 2008.
SEC. 17. Section 1753.1 of the Business and Professions Code is
amended to read:
1753.1. (a) A registered dental assistant in extended functions
licensed on or after January 1, 2008, is authorized to perform all
duties and procedures that a registered dental assistant is
authorized to perform, and those duties that the board may prescribe
by regulation pursuant to Section 1751.
(b) A registered dental assistant in extended functions licensed
on or after January 1, 2008, is authorized to perform the following
additional procedures under direct supervision and pursuant to the
order, control, and full professional responsibility of a licensed
dentist:
(1) Cord retraction of gingivae for impression procedures.
(2) Taking impressions for cast restorations.
(3) Formulating indirect patterns for endodontic post and core
castings.
(4) Fitting trial endodontic filling points.
(5) Drying canals previously opened by the supervising dentist,
with absorbent points.
(6) Testing pulp vitality.
(7) Removing excess cement from subgingival tooth surfaces with a
hand instrument.
(8) Fitting and cementing stainless steel crowns.
(9) Placing, condensing, and carving amalgam restorations.
(10) Placing class I, III, and V nonmetallic restorations.
(11) Taking facebow transfers and bite registrations for fixed
prostheses.
(12) Taking final impressions for tooth-borne, removable
prostheses.
(13) Placing and adjusting permanent crowns for cementation by the
dentist.
(14) Applying etchants for bonding restorative materials.
(15) Other procedures authorized by regulations adopted by the
board pursuant to Section 1751.
(c) A registered restorative assistant in extended functions
licensed on or after January 1, 2008, is authorized to perform all
duties and procedures that a registered restorative assistant is
authorized to perform, those duties that the board may prescribe by
regulation pursuant to Section 1751, and the duties specified in
subdivision (b) of this section.
(d) All procedures required to be performed under direct
supervision shall be checked and approved by the supervising dentist
prior to the patient's dismissal from the office.
SEC. 18. Section 1753.5 of the Business and Professions Code is
amended to read:
1753.5. A registered dental assistant may apply pit and fissure
sealants under the general supervision of a licensed dentist, after
providing evidence to the board of having completed a board-approved
course in that procedure.
SEC. 19. Section 1754 of the Business and Professions Code is
amended to read:
1754. (a) By September 15, 1993, the board, upon recommendation
of the committee and consistent with this article, standards of good
dental practice, and the health and welfare of patients, shall adopt
regulations relating to the functions which may be performed by
registered dental assistants under direct or general supervision, and
the settings within which registered dental assistants may work. At
least once every seven years thereafter, the board shall review the
list of functions performable by registered dental assistants, the
supervision level, and settings under which they may be performed,
and shall update the regulations as needed to keep them current with
the state of the practice.
(b) This section shall become inoperative on December 31, 2007,
and, as of January 1, 2008, is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 20. Section 1756 of the Business and Professions Code is
amended to read:
1756. (a) The board shall license as a registered dental
assistant in extended functions a person who satisfies all of the
following requirements:
(1) Status as a registered dental assistant.
(2) Completion of clinical training approved by the board in a
facility affiliated with a dental school under the direct supervision
of the dental school faculty.
(3) Satisfactory performance on an examination required by the
board.
(b) This section shall become inoperative on December 31, 2007,
and, as of January 1, 2008, is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 21. Section 1757 of the Business and Professions Code is
amended to read:
1757. (a) Each person who holds a license as a registered dental
assistant in extended functions on the effective date of this section
may only perform those procedures that a registered dental assistant
is allowed to perform as specified in and limited by subdivision (b)
of Section 1752.6, and the procedures listed in paragraphs (1), (2),
(3), (4), (5), (6), (7), and (14) of subdivision (b) of Section
1753.1, until he or she provides evidence of having completed a
board-approved course or courses in the additional procedures
specified in paragraphs (8) to (13) of subdivision (b) of Section
1753.1, and an examination in those additional procedures as
specified by the board.
(b) This section shall become operative on January 1, 2008.
SEC. 22. Section 1770 of the Business and Professions Code, as
amended by Section 23 of Chapter 667 of the Statutes of 2004, is
amended to read:
1770. (a) A licensed dentist may simultaneously utilize in his or
her practice no more than two dental auxiliaries in extended
functions licensed pursuant to Sections 1756 and 1768.
(b) This section shall become inoperative on December 31, 2007,
and, as of January 1, 2008, is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 23. Section 1770 of the Business and Professions Code, as
added by Section 24 of Chapter 667 of the Statutes of 2004, is
amended to read:
1770. (a) A licensed dentist may simultaneously utilize in his or
her practice no more than three dental auxiliaries in extended
functions licensed pursuant to Sections 1753 and 1768.
(b) This section shall become operative on January 1, 2008.
SEC. 24. Section 2053.5 of the Business and Professions Code is
amended to read:
2053.5. (a) Notwithstanding any other provision of law, a person
who complies with the requirements of Section 2053.6 shall not be in
violation of Section 2051 or 2052 unless that person does any of the
following:
(1) Conducts surgery or any other procedure on another person
that punctures the skin or harmfully invades the body.
(2) Administers or prescribes X-ray radiation to another person.
(3) Prescribes or administers legend drugs or controlled
substances to another person.
(4) Recommends the discontinuance of legend drugs or controlled
substances prescribed by an appropriately licensed practitioner.
(5) Willfully diagnoses and treats a physical or mental condition
of any person under circumstances or conditions that cause or create
a risk of great bodily harm, serious physical or mental illness, or
death.
(6) Sets fractures.
(7) Treats lacerations or abrasions through electrotherapy.
(8) Holds out, states, indicates, advertises, or implies to a
client or prospective client that he or she is a physician, a
surgeon, or a physician and surgeon.
(b) A person who advertises any services that are not unlawful
under Section 2051 or 2052 pursuant to subdivision (a) shall disclose
in the advertisement that he or she is not licensed by the state as
a healing arts practitioner.
SEC. 25. Section 2053.6 of the Business and Professions Code is
amended to read:
2053.6. (a) A person who provides services pursuant to Section
2053.5 that are not unlawful under Section 2051 or 2052 shall, prior
to providing those services, do the following:
(1) Disclose to the client in a written statement using plain
language the following information:
(A) That he or she is not a licensed physician.
(B) That the treatment is alternative or complementary to healing
arts services licensed by the state.
(C) That the services to be provided are not licensed by the
state.
(D) The nature of the services to be provided.
(E) The theory of treatment upon which the services are based.
(F) His or her educational, training, experience, and other
qualifications regarding the services to be provided.
(2) Obtain a written acknowledgment from the client stating that
he or she has been provided with the information described in
paragraph (1). The client shall be provided with a copy of the
written acknowledgement, which shall be maintained by the person
providing the service for three years.
(b) The information required by subdivision (a) shall be provided
in a language that the client understands.
(c) Nothing in this section or in Section 2053.5 shall be
construed to do the following:
(1) Affect the scope of practice of licensed physicians and
surgeons.
(2) Limit the right of any person to seek relief for negligence or
any other civil remedy against a person providing services subject
to the requirements of this section.
SEC. 26. Section 2064 of the Business and Professions Code is
amended to read:
2064. Nothing in this chapter shall be construed to prevent a
regularly matriculated student undertaking a course of professional
instruction in an approved medical school, or to prevent a foreign
medical student who is enrolled in an approved medical school and
clinical training program in this state, or to prevent students
enrolled in a program of supervised clinical training under the
direction of an approved medical school pursuant to Section 2104,
from engaging in the practice of medicine whenever and wherever
prescribed as a part of his or her course of study.
SEC. 27. Section 2230 of the Business and Professions Code is
amended to read:
2230. (a) All proceedings against a licensee for unprofessional
conduct, or against an applicant for licensure for unprofessional
conduct or cause, shall be conducted in accordance with the
Administrative Procedure Act (Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code)
except as provided in this chapter, and shall be prosecuted by the
Senior Assistant Attorney General of the Health Quality Enforcement
Section.
(b) For the purpose of exercising its disciplinary authority
against a physician and surgeon pursuant to this chapter and the
Administrative Procedure Act, the Division of Medical Quality shall
organize itself as two panels of seven members. Two members of each
panel shall be public members. For purposes of this article, "agency
itself," as used in the Administrative Procedure Act, means a panel
of the division as described in this subdivision. The decision or
order of a panel imposing any disciplinary action pursuant to this
chapter and the Administrative Procedure Act shall be final.
SEC. 28. Section 2234.1 of the Business and Professions Code is
amended to read:
2234.1. (a) A physician and surgeon shall not be subject to
discipline pursuant to subdivision (b), (c), or (d) of Section 2234
solely on the basis that the treatment or advice he or she rendered
to a patient is alternative or complementary medicine if that
treatment or advice meets all of the following requirements:
(1) It is provided after informed consent and a good faith prior
examination of the patient, and medical indication exists for the
treatment or advice, or it is provided for health or well-being.
(2) It is provided after the physician and surgeon has given the
patient information concerning conventional treatment and describing
the education, experience, and credentials of the physician and
surgeon related to the alternative or complementary medicine he or
she practices.
(3) It does not cause a delay in or discourage traditional
diagnosis of a condition of the patient.
(4) It does not cause death or serious bodily injury to the
patient.
(b) For purposes of this section, "alternative or complementary
medicine" means those health care methods of diagnosis, treatment, or
healing that are not generally used but that provide a reasonable
potential for therapeutic gain in a patient's medical condition that
is not outweighed by the risk of the health care method.
SEC. 28.5. Section 2234.1 of the Business and Professions Code is
amended to read:
2234.1. (a) A physician and surgeon shall not be subject to
discipline pursuant to subdivision (b), (c), or (d) of Section 2234
solely on the basis that the treatment or advice he or she rendered
to a patient is alternative or complementary medicine, including the
treatment of persistent Lyme Disease, if that treatment or advice
meets all of the following requirements:
(1) It is provided after informed consent and a good-faith prior
examination of the patient, and medical indication exists for the
treatment or advice, or it is provided for health or well-being.
(2) It is provided after the physician and surgeon has given the
patient information concerning conventional treatment and describing
the education, experience, and credentials of the physician and
surgeon related to the alternative or complementary medicine that he
or she practices.
(3) In the case of alternative or complementary medicine, it does
not cause a delay in, or discourage traditional diagnosis of, a
condition of the patient.
(4) It does not cause death or serious bodily injury to the
patient.
(b) For purposes of this section, "alternative or complementary
medicine," means those health care methods of diagnosis, treatment,
or healing that are not generally used but that provide a reasonable
potential for therapeutic gain in a patient's medical condition that
is not outweighed by the risk of the health care method.
(c) Since the National Institute of Medicine has reported that it
can take up to 17 years for a new best practice to reach the average
physician and surgeon, it is prudent to give attention to new
developments not only in general medical care but in the actual
treatment of specific diseases, particularly those that are not yet
broadly recognized in California.
SEC. 29. Section 2466 of the Business and Professions Code is
amended to read:
2466. All members of the board shall be appointed for terms of
four years. Vacancies shall immediately be filled by the appointing
power for the unexpired portion of the terms in which they occur. No
person shall serve as a member of the board for more than two
consecutive terms.
SEC. 30. Section 2472 of the Business and Professions Code is
amended to read:
2472. (a) The certificate to practice podiatric medicine
authorizes the holder to practice podiatric medicine.
(b) As used in this chapter, "podiatric medicine" means the
diagnosis, medical, surgical, mechanical, manipulative, and
electrical treatment of the human foot, including the ankle and
tendons that insert into the foot and the nonsurgical treatment of
the muscles and tendons of the leg governing the functions of the
foot.
(c) A doctor of podiatric medicine may not administer an
anesthetic other than local. If an anesthetic other than local is
required for any procedure, the anesthetic shall be administered by
another licensed health care practitioner who is authorized to
administer the required anesthetic within the scope of his or her
practice.
(d) (1) A doctor of podiatric medicine who is ankle certified by
the board on and after January 1, 1984, may do the following:
(A) Perform surgical treatment of the ankle and tendons at the
level of the ankle pursuant to subdivision (e).
(B) Perform services under the direct supervision of a physician
and surgeon, as an assistant at surgery, in surgical procedures that
are otherwise beyond the scope of practice of a doctor of podiatric
medicine.
(C) Perform a partial amputation of the foot no further proximal
than the Chopart's joint.
(2) Nothing in this subdivision shall be construed to permit a
doctor of podiatric medicine to function as a primary surgeon for any
procedure beyond his or her scope of practice.
(e) A doctor of podiatric medicine may perform surgical treatment
of the ankle and tendons at the level of the ankle only in the
following locations:
(1) A licensed general acute care hospital, as defined in Section
1250 of the Health and Safety Code.
(2) A licensed surgical clinic, as defined in Section 1204 of the
Health and Safety Code, if the doctor of podiatric medicine has
surgical privileges, including the privilege to perform surgery on
the ankle, in a general acute care hospital described in paragraph
(1) and meets all the protocols of the surgical clinic.
(3) An ambulatory surgical center that is certified to participate
in the Medicare Program under Title XVIII (42 U.S.C. Sec. 1395 et
seq.) of the federal Social Security Act, if the doctor of podiatric
medicine has surgical privileges, including the privilege to perform
surgery on the ankle, in a general acute care hospital described in
paragraph (1) and meets all the protocols of the surgical center.
(4) A freestanding physical plant housing outpatient services of a
licensed general acute care hospital, as defined in Section 1250 of
the Health and Safety Code, if the doctor of podiatric medicine has
surgical privileges, including the privilege to perform surgery on
the ankle, in a general acute care hospital described in paragraph
(1). For purposes of this section, a "freestanding physical plant"
means any building that is not physically attached to a building
where inpatient services are provided.
(5) An outpatient setting accredited pursuant to subdivision (g)
of Section 1248.1 of the Health and Safety Code.
(f) A doctor of podiatric medicine shall not perform an admitting
history and physical examination of a patient in an acute care
hospital where doing so would violate the regulations governing the
Medicare program.
(g) A doctor of podiatric medicine licensed under this chapter is
a licentiate for purposes of paragraph (2) of subdivision (a) of
Section 805, and thus is a health care practitioner subject to the
provisions of Section 2290.5 pursuant to subdivision (b) of that
section.
SEC. 31. Section 2474 of the Business and Professions Code is
amended to read:
2474. Any person who uses in any sign or in any advertisement or
otherwise, the word or words "doctor of podiatric medicine," "doctor
of podiatry," "podiatric doctor," "D.P.M.," "podiatrist," "foot
specialist," or any other term or terms or any letters indicating or
implying that he or she is a doctor of podiatric medicine, or that he
or she practices podiatric medicine, or holds himself out as
practicing podiatric medicine or foot correction as defined in
Section 2472, without having at the time of so doing a valid,
unrevoked, and unsuspended certificate as provided for in this
chapter, is guilty of a misdemeanor.
SEC. 32. Section 2475 of the Business and Professions Code is
amended to read:
2475. Unless otherwise provided by law, no postgraduate trainee,
intern, resident postdoctoral fellow, or instructor may engage in the
practice of podiatric medicine, or receive compensation therefor, or
offer to engage in the practice of podiatric medicine unless he or
she holds a valid, unrevoked, and unsuspended certificate to practice
podiatric medicine issued by the division. However, a graduate of an
approved college or school of podiatric medicine upon whom the
degree doctor of podiatric medicine has been conferred, who is issued
a resident's license, which may be renewed annually for up to four
years for this purpose by the division upon recommendation of the
board, and who is enrolled in a postgraduate training program
approved by the board, may engage in the practice of podiatric
medicine whenever and wherever required as a part of that program and
may receive compensation for that practice under the following
conditions:
(a) A graduate with a resident's license in an approved
internship, residency, or fellowship program may participate in
training rotations
outside the scope of podiatric medicine, under the supervision of a
physician and surgeon who holds a medical doctor or doctor of
osteopathy degree wherever and whenever required as a part of the
training program, and may receive compensation for that practice. If
the graduate fails to receive a license to practice podiatric
medicine under this chapter within three years from the commencement
of the postgraduate training, all privileges and exemptions under
this section shall automatically cease.
(b) Hospitals functioning as a part of the teaching program of an
approved college or school of podiatric medicine in this state may
exchange instructors or resident or assistant resident doctors of
podiatric medicine with another approved college or school of
podiatric medicine not located in this state, or those hospitals may
appoint a graduate of an approved school as such a resident for
purposes of postgraduate training. Those instructors and residents
may practice and be compensated as provided in this section, but that
practice and compensation shall be for a period not to exceed two
years.
SEC. 33. Section 2492 of the Business and Professions Code is
amended to read:
2492. (a) The board shall examine every applicant for a
certificate to practice podiatric medicine to ensure a minimum of
entry-level competence at the time and place designated by the board
in its discretion, but at least twice a year.
(b) Unless the applicant meets the requirements of Section 2486,
applicants shall be required to have taken and passed the examination
administered by the National Board of Podiatric Medical Examiners.
(c) The board may appoint qualified persons to give the whole or
any portion of any examination as provided in this article, who shall
be designated as examination commissioners. The board may fix the
compensation of those persons subject to the provisions of applicable
state laws and regulations.
(d) The provisions of Article 9 (commencing with Section 2170)
shall apply to examinations administered by the board except where
those provisions are in conflict with or inconsistent with the
provisions of this article. In respect to applicants under this
article any references to the "Division of Licensing" or "division"
shall be deemed to apply to the board.
SEC. 34. Section 2493 of the Business and Professions Code is
amended to read:
2493. (a) An applicant for a certificate to practice podiatric
medicine shall pass an examination in the subjects required by
Section 2483 in order to ensure a minimum of entry-level competence.
(b) The board shall require a passing score on the National Board
of Podiatric Medical Examiners Part III examination that is
consistent with the postgraduate training requirement in Section
2484. The board, as of July 1, 2005, shall require a passing score
one standard error of measurement higher than the national passing
scale score until such time as the National Board of Podiatric
Medical Examiners recommends a higher passing score consistent with
Section 2484. In consultation with the Office of Examination
Resources of the Department of Consumer Affairs, the board shall
ensure that the part III examination adequately evaluates the full
scope of practice established by Section 2472, including amputation
and other foot and ankle surgical procedures, pursuant to Section
139.
SEC. 35. Section 2498 of the Business and Professions Code is
amended to read:
2498. (a) The board shall have the responsibility for reviewing
the quality of podiatric medical practice carried out by persons
licensed to practice podiatric medicine.
(b) Each member of the board, or any licensed doctor of podiatric
medicine appointed by the board, shall additionally have the
authority to inspect, or require reports from, a general or
specialized hospital and the podiatric medical staff thereof, with
respect to the podiatric medical care, services, or facilities
provided therein, and may inspect podiatric medical patient records
with respect to the care, services, or facilities. The authority to
make inspections and to require reports as provided by this section
shall not be delegated by a member of the board to any person other
than a doctor of podiatric medicine and shall be subject to the
restrictions against disclosure described in Section 2263.
SEC. 36. Section 2499.8 of the Business and Professions Code is
amended to read:
2499.8. Any licensee who demonstrates to the satisfaction of the
board that he or she is unable to practice podiatric medicine due to
a disability may request a waiver of the license renewal fee. The
granting of a waiver shall be at the discretion of the board and may
be terminated at any time. Waivers shall be based on the inability of
a licensee to practice podiatric medicine. A licensee whose renewal
fee has been waived pursuant to this section shall not engage in the
practice of podiatric medicine unless and until the licensee pays the
current renewal fee and does either of the following:
(a) Establishes to the satisfaction of the board, on a form
prescribed by the board and signed under penalty of perjury, that the
licensee's disability either no longer exists or does not affect his
or her ability to practice podiatric medicine safely.
(b) Signs an agreement on a form prescribed by the board, signed
under penalty of perjury, in which the licensee agrees to limit his
or her practice in the manner prescribed by the reviewing physician.
SEC. 37. Section 2570.8 of the Business and Professions Code is
repealed.
SEC. 38. Section 2741 of the Business and Professions Code is
amended to read:
2741. An application for reexamination shall be accompanied by
the fees prescribed by this chapter.
SEC. 39. Section 3735 of the Business and Professions Code is
amended to read:
3735. Except as otherwise provided in this chapter, no applicant
shall receive a license under this chapter without first successfully
passing the national respiratory therapist examination conducted by
those persons, and in the manner and under the rules and regulations,
as the board may prescribe.
SEC. 40. Section 3735.3 of the Business and Professions Code is
repealed.
SEC. 41. Section 3736 of the Business and Professions Code is
repealed.
SEC. 42. Section 3739 of the Business and Professions Code is
amended to read:
3739. (a) (1) Except as otherwise provided in this section, every
person who has filed an application for licensure with the board
may, between the dates specified by the board, perform as a
respiratory care practitioner applicant under the direct supervision
of a respiratory care practitioner licensed in this state provided he
or she has met education requirements for licensure as may be
certified by his or her respiratory care program, and if ever
attempted, has passed the national respiratory therapist examination.
(2) During this period the applicant shall identify himself or
herself only as a "respiratory care practitioner applicant."
(3) If for any reason the license is not issued, all privileges
under this subdivision shall automatically cease on the date
specified by the board.
(b) If an applicant fails the national respiratory therapist
examination, all privileges under this section shall automatically
cease on the date specified by the board.
(c) No applicant for a respiratory care practitioner license shall
be authorized to perform as a respiratory care practitioner
applicant if cause exists to deny the license.
(d) "Under the direct supervision" means assigned to a respiratory
care practitioner who is on duty and immediately available in the
assigned patient care area.
SEC. 43. Section 3775.2 of the Business and Professions Code is
repealed.
SEC. 44. Section 3775.3 of the Business and Professions Code is
repealed.
SEC. 45. Section 3779 is added to the Business and Professions
Code, to read:
3779. For purposes of license verification, a person may rely
upon the licensing information as it is displayed on the board's
Internet Web site that includes the issuance and expiration dates of
any license issued by the board.
SEC. 46. 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 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. 47. Section 4023.5 is added to the Business and Professions
Code, to read:
4023.5. For the purposes of this chapter, "direct supervision and
control" means that a pharmacist is on the premises at all times and
is fully aware of all activities performed by either a pharmacy
technician or intern pharmacist.
SEC. 48. Section 4038 of the Business and Professions Code is
amended to read:
4038. (a) "Pharmacy technician" means an individual who assists a
pharmacist in a pharmacy in the performance of his or her pharmacy
related duties, as specified in Section 4115.
(b) A "pharmacy technician trainee" is a person who is enrolled in
a pharmacy technician training program operated by a California
public postsecondary education institution or by a private
postsecondary vocational institution approved by the Bureau for
Private Postsecondary and Vocational Education.
SEC. 49. Section 4053 of the Business and Professions Code, as
added by Section 7 of Chapter 857 of the Statutes of 2004, is amended
to read:
4053. (a) Notwithstanding Section 4051, the board may issue a
license as a designated representative to provide sufficient and
qualified supervision in a wholesaler or veterinary food-animal drug
retailer. The designated representative shall protect the public
health and safety in the handling, storage, and shipment of dangerous
drugs and dangerous devices in the wholesaler or veterinary
food-animal drug retailer.
(b) An individual may apply for a designated representative
license. In order to obtain and maintain that license, the individual
shall meet all of the following requirements:
(1) He or she shall be a high school graduate or possess a general
education development equivalent.
(2) He or she shall have a minimum of one year of paid work
experience, in the past three years, related to the distribution or
dispensing of dangerous drugs or dangerous devices or meet all of the
prerequisites to take the examination required for licensure as a
pharmacist by the board.
(3) He or she shall complete a training program approved by the
board that, at a minimum, addresses each of the following subjects:
(A) Knowledge and understanding of California law and federal law
relating to the distribution of dangerous drugs and dangerous
devices.
(B) Knowledge and understanding of California law and federal law
relating to the distribution of controlled substances.
(C) Knowledge and understanding of quality control systems.
(D) Knowledge and understanding of the United States Pharmacopoeia
standards relating to the safe storage and handling of drugs.
(E) Knowledge and understanding of prescription terminology,
abbreviations, dosages and format.
(4) The board may, by regulation, require training programs to
include additional material.
(5) The board may not issue a license as a designated
representative until the applicant provides proof of completion of
the required training to the board.
(c) The veterinary food-animal drug retailer or wholesaler shall
not operate without a pharmacist or a designated representative on
its premises.
(d) Only a pharmacist or a designated representative shall prepare
and affix the label to veterinary food-animal drugs.
(e) Section 4051 shall not apply to any laboratory licensed under
Section 351 of Title III of the Public Health Service Act (Public Law
78-410).
SEC. 50. Section 4104 of the Business and Professions Code is
amended to read:
4104. (a) Every pharmacy shall have in place procedures for
taking action to protect the public when a licensed individual
employed by or with the pharmacy is discovered or known to be
chemically, mentally, or physically impaired to the extent it affects
his or her ability to practice the profession or occupation
authorized by his or her license, or is discovered or known to have
engaged in the theft, diversion, or self-use of dangerous drugs.
(b) Every pharmacy shall have written policies and procedures for
detecting chemical, mental, or physical impairment, as well as theft,
diversion, or self-use of dangerous drugs, among licensed
individuals employed by or with the pharmacy.
(c) Every pharmacy shall report to the board, within 30 days of
the receipt or development of the following information with regard
to any licensed individual employed by or with the pharmacy:
(1) Any admission by a licensed individual of chemical, mental, or
physical impairment affecting his or her ability to practice.
(2) Any admission by a licensed individual of theft, diversion, or
self-use of dangerous drugs.
(3) Any video or documentary evidence demonstrating chemical,
mental, or physical impairment of a licensed individual to the extent
it affects his or her ability to practice.
(4) Any video or documentary evidence demonstrating theft,
diversion, or self-use of dangerous drugs by a licensed individual.
(5) Any termination based on chemical, mental, or physical
impairment of a licensed individual to the extent it affects his or
her ability to practice.
(6) Any termination of a licensed individual based on theft,
diversion, or self-use of dangerous drugs.
(d) Anyone participating in good faith in the making of a report
authorized or required by this section shall have immunity from any
liability, civil or criminal, that might otherwise arise from the
making of the report. Any participant shall have the same immunity
with respect to participation in any administrative or judicial
proceeding resulting from the report.
SEC. 51. Section 4106 of the Business and Professions Code is
amended to read:
4106. For purposes of license verification, a person may rely
upon the licensing information as it is displayed on the board's
Internet Web site that includes the issuance and expiration dates of
any license issued by the board.
SEC. 52. 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 direct supervision and
control 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. 53. Section 4115 of the Business and Professions Code is
amended to read:
4115. (a) A pharmacy technician may perform packaging,
manipulative, repetitive, or other nondiscretionary tasks, only while
assisting, and while under the direct supervision and control of a
pharmacist.
(b) This section does not authorize the performance of any tasks
specified in subdivision (a) by a pharmacy technician without a
pharmacist on duty.
(c) This section does not authorize a pharmacy technician to
perform any act requiring the exercise of professional judgment by a
pharmacist.
(d) The board shall adopt regulations to specify tasks pursuant to
subdivision (a) that a pharmacy technician may perform under the
supervision of a pharmacist. Any pharmacy that employs a pharmacy
technician shall do so in conformity with the regulations adopted by
the board.
(e) No person shall act as a pharmacy technician without first
being licensed by the board as a pharmacy technician.
(f) (1) A pharmacy with only one pharmacist shall have no more
than one pharmacy technician performing the tasks specified in
subdivision (a). The ratio of pharmacy technicians performing the
tasks specified in subdivision (a) to any additional pharmacist shall
not exceed 2:1, except that this ratio shall not apply to personnel
performing clerical functions pursuant to Section 4116 or 4117. This
ratio is applicable to all practice settings, except for an inpatient
of a licensed health facility, a patient of a licensed home health
agency, as specified in paragraph (2), an inmate of a correctional
facility of the Department of the Youth Authority or the Department
of Corrections, and for a person receiving treatment in a facility
operated by the State Department of Mental Health, the State
Department of Developmental Services, or the Department of Veterans
Affairs.
(2) The board may adopt regulations establishing the ratio of
pharmacy technicians performing the tasks specified in subdivision
(a) to pharmacists applicable to the filling of prescriptions of an
inpatient of a licensed health facility and for a patient of a
licensed home health agency. Any ratio established by the board
pursuant to this subdivision shall allow, at a minimum, at least one
pharmacy technician for a single pharmacist in a pharmacy and two
pharmacy technicians for each additional pharmacist, except that this
ratio shall not apply to personnel performing clerical functions
pursuant to Section 4116 or 4117.
(3) A pharmacist scheduled to supervise a second pharmacy
technician may refuse to supervise a second pharmacy technician if
the pharmacist determines, in the exercise of his or her professional
judgment, that permitting the second pharmacy technician to be on
duty would interfere with the effective performance of the pharmacist'
s responsibilities under this chapter. A pharmacist assigned to
supervise a second pharmacy technician shall notify the pharmacist in
charge in writing of his or her determination, specifying the
circumstances of concern with respect to the pharmacy or the pharmacy
technician that have led to the determination, within a reasonable
period, but not to exceed 24 hours, after the posting of the relevant
schedule. No entity employing a pharmacist may discharge,
discipline, or otherwise discriminate against any pharmacist in the
terms and conditions of employment for exercising or attempting to
exercise in good faith the right established pursuant to this
paragraph.
(g) Notwithstanding subdivisions (a) and (b), the board shall by
regulation establish conditions to permit the temporary absence of a
pharmacist for breaks and lunch periods pursuant to Section 512 of
the Labor Code and the orders of the Industrial Welfare Commission
without closing the pharmacy. During these temporary absences, a
pharmacy technician may, at the discretion of the pharmacist, remain
in the pharmacy but may only perform nondiscretionary tasks. The
pharmacist shall be responsible for a pharmacy technician and shall
review any task performed by a pharmacy technician during the
pharmacist's temporary absence. Nothing in this subdivision shall be
construed to authorize a pharmacist to supervise pharmacy technicians
in greater ratios than those described in subdivision (f).
(h) The pharmacist on duty shall be directly responsible for the
conduct of a pharmacy technician supervised by that pharmacist.
SEC. 54. Section 4115.5 of the Business and Professions Code is
amended to read:
4115.5. (a) Notwithstanding any other provision of law, a
pharmacy technician trainee may be placed in a pharmacy to complete
an externship for the purpose of obtaining practical training
required to become licensed as a pharmacy technician.
(b) (1) A pharmacy technician trainee participating in an
externship as described in subdivision (a) may perform the duties
described in subdivision (a) of Section 4115 only under the direct
supervision and control of a pharmacist.
(2) A pharmacist supervising a pharmacy technician trainee
participating in an externship as described in subdivision (a) shall
be directly responsible for the conduct of the trainee.
(3) A pharmacist supervising a pharmacy technician trainee
participating in an externship as described in subdivision (a) shall
verify any prescription prepared by the trainee under supervision of
the pharmacist by initialing the prescription label before the
medication is disbursed to a patient or by engaging in other
verification procedures that are specifically approved by board
regulations.
(4) A pharmacist may only supervise one pharmacy technician
trainee at any given time.
(5) A pharmacist supervising a pharmacy technician trainee
participating in an externship as described in subdivision (a) shall
certify attendance for the pharmacy technician trainee and certify
that the pharmacy technician trainee has met the educational
objectives established by a California public postsecondary education
institution or the private postsecondary vocational institution in
which the trainee is enrolled, as established by the institution.
(c) (1) Except as described in paragraph (2), an externship in
which a pharmacy technician trainee is participating as described in
subdivision (a) shall be for a period of no more than 120 hours.
(2) When an externship in which a pharmacy technician trainee is
participating as described in subdivision (a) involves rotation
between a community and hospital pharmacy for the purpose of training
the student in distinct practice settings, the externship may be for
a period of up to 320 hours. No more than 120 of the 320 hours may
be completed in a community pharmacy setting or in a single
department in a hospital pharmacy.
(d) An externship in which a pharmacy technician trainee may
participate as described in subdivision (a) shall be for a period of
no more than six consecutive months in a community pharmacy and for a
total of no more than 12 months if the externship involves rotation
between a community and hospital pharmacy. The externship shall be
completed while the trainee is enrolled in a course of instruction at
the institution.
(e) A pharmacy technician trainee participating in an externship
as described in subdivision (a) shall wear identification that
indicates his or her trainee status.
SEC. 55. Section 4127.5 of the Business and Professions Code is
amended to read:
4127.5. The fee for the issuance of a nongovernmental license, or
renewal of a license, to compound sterile drug products shall be
five hundred dollars ($500) and may be increased to six hundred
dollars ($600).
SEC. 56. Section 4161 of the Business and Professions Code, as
added by Section 4.5 of Chapter 887 of the Statutes of 2004, is
amended to read:
4161. (a) A person located outside this state that ships, mails,
or delivers dangerous drugs or dangerous devices into this state
shall be considered a nonresident wholesaler.
(b) A nonresident wholesaler shall be licensed by the board prior
to shipping, mailing, or delivering dangerous drugs or dangerous
devices to a site located in this state.
(c) A separate license shall be required for each place of
business owned or operated by a nonresident wholesaler from or
through which dangerous drugs or dangerous devices are shipped,
mailed, or delivered to a site located in this state. A license shall
be renewed annually and shall not be transferable.
(d) The following information shall be reported, in writing, to
the board at the time of initial application for licensure by a
nonresident wholesaler, on renewal of a nonresident wholesaler
license, or within 30 days of a change in that information:
(1) Its agent for service of process in this state.
(2) Its principal corporate officers, as specified by the board,
if any.
(3) Its general partners, as specified by the board, if any.
(4) Its owners if the applicant is not a corporation or
partnership.
(e) A report containing the information in subdivision (d) shall
be made within 30 days of any change of ownership, office, corporate
officer, or partner.
(f) A nonresident wholesaler shall comply with all directions and
requests for information from the regulatory or licensing agency of
the state in which it is licensed, as well as with all requests for
information made by the board.
(g) A nonresident wholesaler shall maintain records of dangerous
drugs and dangerous devices sold, traded, or transferred to persons
in this state, so that the records are in a readily retrievable form.
(h) A nonresident wholesaler shall at all times maintain a valid,
unexpired license, permit, or registration to conduct the business of
the wholesaler in compliance with the laws of the state in which it
is a resident. An application for a nonresident wholesaler license in
this state shall include a license verification from the licensing
authority in the applicant's state of residence.
(i) The board may not issue or renew a nonresident wholesaler
license until the nonresident wholesaler identifies a designated
representative-in-charge and notifies the board in writing of the
identity and license number of the designated
representative-in-charge.
(j) The designated representative-in-charge shall be responsible
for the nonresident wholesaler's compliance with state and federal
laws governing wholesalers. A nonresident wholesaler shall identify
and notify the board of a new designated representative-in-charge
within 30 days of the date that the prior designated
representative-in-charge ceases to
be the designated representative-in-charge.
(k) The board may issue a temporary license, upon conditions and
for periods of time as the board determines to be in the public
interest. A temporary license fee shall be fixed by the board at an
amount not to exceed the annual fee for renewal of a license to
conduct business as a nonresident wholesaler.
(l) The registration fee shall be the fee specified in subdivision
(f) of Section 4400.
SEC. 57. Section 4202 of the Business and Professions Code is
amended to read:
4202. (a) The board may issue a pharmacy technician license to an
individual if he or she is a high school graduate or possesses a
general educational development certificate equivalent, and meets any
one of the following requirements:
(1) Has obtained an associate's degree in pharmacy technology.
(2) Has completed a course of training specified by the board.
(3) Has graduated from a school of pharmacy recognized by the
board.
(4) Is certified by the Pharmacy Technician Certification Board.
(b) The board shall adopt regulations pursuant to this section for
the licensure of pharmacy technicians and for the specification of
training courses as set out in paragraph (2) of subdivision (a).
Proof of the qualifications of any applicant for licensure as a
pharmacy technician shall be made to the satisfaction of the board
and shall be substantiated by any evidence required by the board.
(c) The board shall conduct a criminal background check of the
applicant to determine if an applicant has committed acts that would
constitute grounds for denial of licensure, pursuant to this chapter
or Chapter 2 (commencing with Section 480) of Division 1.5.
(d) The board may suspend or revoke a license issued pursuant to
this section on any ground specified in Section 4301.
(e) Once licensed as a pharmacist, the pharmacy technician
registration is no longer valid and the pharmacy technician license
shall be returned to the board within 15 days.
SEC. 58. Section 4205 of the Business and Professions Code is
amended to read:
4205. (a) A license issued pursuant to Section 4110, 4120, 4160,
or 4161 shall be considered a license within the meaning of Section
4141.
(b) The board may, in its discretion, issue a license to any
person authorizing the sale and dispensing of hypodermic syringes and
needles for animal use.
(c) The application for a license shall be made in writing on a
form to be furnished by the board. The board may require any
information as the board deems reasonably necessary to carry out the
purposes of Article 9 (commencing with Section 4140) of this chapter.
(d) A separate license shall be required for each of the premises
of any person who sells or dispenses hypodermic syringes or needles
at more than one location.
(e) A license shall be renewed annually and shall not be
transferable.
(f) The board may deny, revoke, or suspend any license issued
pursuant to this article for any violation of this chapter.
SEC. 59. Section 4206 of the Business and Professions Code is
repealed.
SEC. 60. Section 4231 of the Business and Professions Code is
amended to read:
4231. (a) The board shall not renew a pharmacist license unless
the applicant submits proof satisfactory to the board that he or she
has successfully completed 30 hours of approved courses of continuing
pharmacy education during the two years preceding the application
for renewal.
(b) Notwithstanding subdivision (a), the board shall not require
completion of continuing education for the first renewal of a
pharmacist license.
(c) If an applicant for renewal of a pharmacist license submits
the renewal application and payment of the renewal fee but does not
submit proof satisfactory to the board that the licensee has
completed 30 hours of continuing pharmacy education, the board shall
not renew the license and shall issue the applicant an inactive
pharmacist license. A licensee with an inactive pharmacist license
issued pursuant to this section may obtain an active pharmacist
license by paying the renewal fees due and submitting satisfactory
proof to the board that the licensee has completed 30 hours of
continuing pharmacy education.
SEC. 61. Section 4232 of the Business and Professions Code is
amended to read:
4232. (a) The courses shall be in the form of postgraduate
studies, institutes, seminars, lectures, conferences, workshops,
extension studies, correspondence courses, and other similar methods
of conveying continuing professional pharmacy education.
(b) The subject matter shall be pertinent to the socioeconomic and
legal aspects of health care, the properties and actions of drugs
and dosage forms and the etiology, and characteristics and
therapeutics of the disease state.
(c) The subject matter of the courses may include, but shall not
be limited to, the following: pharmacology, biochemistry, physiology,
pharmaceutical chemistry, pharmacy administration, pharmacy
jurisprudence, public health and communicable diseases, professional
practice management, anatomy, histology, and any other subject matter
as represented in curricula of accredited colleges of pharmacy.
SEC. 62. Section 4315 of the Business and Professions Code is
amended to read:
4315. (a) The executive officer, or his or her designee, may
issue a letter of admonishment to a licensee for failure to comply
with this chapter or regulations adopted pursuant to this chapter,
directing the licensee to come into compliance.
(b) The letter of admonishment shall be in writing and shall
describe in detail the nature and facts of the violation, including a
reference to the statutes or regulations violated.
(c) The letter of admonishment shall inform the licensee that
within 30 days of service of the order of admonishment the licensee
may do either of the following:
(1) Submit a written request for an office conference to the
executive officer of the board to contest the letter of admonishment.
(A) Upon a timely request, the executive officer, or his or her
designee, shall hold an office conference with the licensee or the
licensee's legal counsel or authorized representative. Unless so
authorized by the executive officer, or his or her designee, no
individual other than the legal counsel or authorized representative
of the licensee may accompany the licensee to the office conference.
(B) Prior to or at the office conference the licensee may submit
to the executive officer declarations and documents pertinent to the
subject matter of the letter of admonishment.
(C) The office conference is intended to be an informal proceeding
and shall not be subject to the provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4
(commencing with Section 11370), Chapter 4.5 (commencing with
Section 11400), and Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code).
(D) The executive officer, or his or her designee, may affirm,
modify, or withdraw the letter of admonishment. Within 14 calendar
days from the date of the office conference, the executive officer,
or his or her designee, shall personally serve or send by certified
mail to the licensee's address of record with the board a written
decision. This decision shall be deemed the final administrative
decision concerning the letter of admonishment.
(E) Judicial review of the decision may be had by filing a
petition for a writ of mandate in accordance with the provisions of
Section 1094.5 of the Code of Civil Procedure within 30 days of the
date the decision was personally served or sent by certified mail.
The judicial review shall extend to the question of whether or not
there was a prejudicial abuse of discretion in the issuance of the
letter of admonishment.
(2) Comply with the letter of admonishment and submit a written
corrective action plan to the executive officer documenting
compliance. If an office conference is not requested pursuant to this
section, compliance with the letter of admonishment shall not
constitute an admission of the violation noted in the letter of
admonishment.
(d) The letter of admonishment shall be served upon the licensee
personally or by certified mail at the licensee's address of record
with the board. If the licensee is served by certified mail, service
shall be effective upon deposit in the United States mail.
(e) The licensee shall maintain and have readily available a copy
of the letter of admonishment and corrective action plan, if any, for
at least three years from the date of issuance of the letter of
admonishment.
(f) Nothing in this section shall in any way limit the board's
authority or ability to do either of the following:
(1) Issue a citation pursuant to Section 125.9, 148, or 4067 or
pursuant to Section 1775, 1775.15, 1777, or 1778 of Title 16 of the
California Code of Regulations.
(2) Institute disciplinary proceedings pursuant to Article 19
(commencing with Section 4300).
SEC. 62.5. Section 4315 of the Business and Professions Code is
amended to read:
4315. (a) The executive officer, or his or her designee, may
issue a letter of admonishment to a licensee for failure to comply
with Section 733 or for failure to comply with this chapter or
regulations adopted pursuant to this chapter, directing the licensee
to come into compliance.
(b) The letter of admonishment shall be in writing and shall
describe in detail the nature and facts of the violation, including a
reference to the statutes or regulations violated.
(c) The letter of admonishment shall inform the licensee that
within 30 days of service of the order of admonishment the licensee
may do either of the following:
(1) Submit a written request for an office conference to the
executive officer of the board to contest the letter of admonishment.
(A) Upon a timely request, the executive officer, or his or her
designee, shall hold an office conference with the licensee or the
licensee's legal counsel or authorized representative. Unless so
authorized by the executive officer, or his or her designee, no
individual other than the legal counsel or authorized representative
of the licensee may accompany the licensee to the office conference.
(B) Prior to or at the office conference, the licensee may submit
to the executive officer declarations and documents pertinent to the
subject matter of the letter of admonishment.
(C) The office conference is intended to be an informal proceeding
and shall not be subject to the provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4
(commencing with Section 11370), Chapter 4.5 (commencing with
Section 11400), and Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code).
(D) The executive officer, or his or her designee, may affirm,
modify, or withdraw the letter of admonishment. Within 14 calendar
days from the date of the office conference, the executive officer,
or his or her designee, shall personally serve or send by certified
mail to the licensee's address of record with the board a written
decision. This decision shall be deemed the final administrative
decision concerning the letter of admonishment.
(E) Judicial review of the decision may be had by filing a
petition for a writ of mandate in accordance with the provisions of
Section 1094.5 of the Code of Civil Procedure within 30 days of the
date the decision was personally served or sent by certified mail.
The judicial review shall extend to the question of whether or not
there was a prejudicial abuse of discretion in the issuance of the
letter of admonishment.
(2) Comply with the letter of admonishment and submit a written
corrective action plan to the executive officer documenting
compliance. If an office conference is not requested pursuant to this
section, compliance with the letter of admonishment shall not
constitute an admission of the violation noted in the letter of
admonishment.
(d) The letter of admonishment shall be served upon the licensee
personally or by certified mail at the licensee's address of record
with the board. If the licensee is served by certified mail, service
shall be effective upon deposit in the United States mail.
(e) The licensee shall maintain and have readily available a copy
of the letter of admonishment and corrective action plan, if any, for
at least three years from the date of issuance of the letter of
admonishment.
(f) Nothing in this section shall in any way limit the board's
authority or ability to do either of the following:
(1) Issue a citation pursuant to Section 125.9, 148, or 4067 or
pursuant to Section 1775 of Title 16 of the California Code of
Regulations.
(2) Institute disciplinary proceedings pursuant to Article 19
(commencing with Section 4300).
SEC. 63. Section 4360 of the Business and Professions Code is
amended to read:
4360. The board shall operate a pharmacists recovery program to
rehabilitate pharmacists and intern pharmacists whose competency may
be impaired due to abuse of alcohol, drug use, or mental illness. The
intent of the pharmacists recovery program is to return these
pharmacists and intern pharmacists to the practice of pharmacy in a
manner that will not endanger the public health and safety.
SEC. 64. Section 4361 of the Business and Professions Code is
repealed.
SEC. 65. Section 4361 is added to the Business and Professions
Code, to read:
4361. (a) "Participant" means a pharmacist or intern pharmacist
who has entered the pharmacists recovery program.
(b) "Pharmacists recovery program" means the rehabilitation
program created by this article for pharmacists and intern
pharmacists.
SEC. 66. Section 4362 of the Business and Professions Code is
repealed.
SEC. 67. Section 4362 is added to the Business and Professions
Code, to read:
4362. (a) A pharmacist or intern pharmacist may enter the
pharmacists recovery program if:
(1) The pharmacist or intern pharmacist is referred by the board
instead of, or in addition to, other means of disciplinary action.
(2) The pharmacist or intern pharmacist voluntarily elects to
enter the pharmacists recovery program.
(b) A pharmacist or intern pharmacist who enters the pharmacists
recovery program pursuant to paragraph (2) of subdivision (a) shall
not be subject to discipline or other enforcement action by the board
solely on his or her entry into the pharmacists recovery program or
on information obtained from the pharmacist or intern pharmacist
while participating in the program unless the pharmacist or intern
pharmacist would pose a threat to the health and safety of the
public. However, if the board receives information regarding the
conduct of the pharmacist or intern pharmacist, that information may
serve as a basis for discipline or other enforcement by the board.
SEC. 68. Section 4363 of the Business and Professions Code is
repealed.
SEC. 69. Section 4364 of the Business and Professions Code is
amended to read:
4364. (a) The board shall establish criteria for the
participation of pharmacists and intern pharmacists in the
pharmacists recovery program.
(b) The board may deny a pharmacist or intern pharmacist who fails
to meet the criteria for participation entry into the pharmacists
recovery program.
(c) The establishment of criteria for participation in the
pharmacists recovery program shall not be subject to the requirements
of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code.
SEC. 70. Section 4365 of the Business and Professions Code is
amended to read:
4365. The board shall contract with one or more qualified
contractors to administer the pharmacists recovery program.
SEC. 71. Section 4366 of the Business and Professions Code is
amended to read:
4366. The functions of the contractor administering the
pharmacists recovery program shall include, but not be limited to,
the following:
(a) To evaluate those pharmacists and intern pharmacists who
request participation in the program.
(b) To develop a treatment contract with each participant in the
pharmacists recovery program.
(c) To monitor the compliance of each participant with their
treatment contract.
(d) To prepare reports as required by the board.
(e) To inform each participant of the procedures followed in the
program.
(f) To inform each participant of their rights and
responsibilities in the program.
(g) To inform each participant of the possible consequences of
noncompliance with the program.
SEC. 72. Section 4367 of the Business and Professions Code is
repealed.
SEC. 73. Section 4368 of the Business and Professions Code is
repealed.
SEC. 74. Section 4369 of the Business and Professions Code is
amended to read:
4369. (a) Any failure to comply with the treatment contract,
determination that the participant is failing to derive benefit from
the program, or other requirements of the pharmacists recovery
program may result in the termination of the pharmacist's or intern
pharmacist's participation in the pharmacists recovery program. The
name and license number of a pharmacist or intern pharmacist who is
terminated from the pharmacists recovery program and the basis for
the termination shall be reported to the board.
(b) Participation in the pharmacists recovery program shall not be
a defense to any disciplinary action that may be taken by the board.
(c) No provision of this article shall preclude the board from
commencing disciplinary action against a licensee who is terminated
from the pharmacists recovery program.
SEC. 75. Section 4370 of the Business and Professions Code is
repealed.
SEC. 76. Section 4371 of the Business and Professions Code is
amended to read:
4371. The board shall review the pharmacists recovery program on
a quarterly basis. As part of this evaluation, the board shall review
files of all participants in the pharmacists recovery program.
SEC. 77. Section 4372 of the Business and Professions Code is
amended to read:
4372. All board records and records of the pharmacists recovery
program pertaining to the treatment of a pharmacist or intern
pharmacist in the program shall be kept confidential and are not
subject to discovery, subpoena, or disclosure pursuant to Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code. However, board records and records of the
pharmacists recovery program may be disclosed and testimony provided
in connection with participation in the pharmacists recovery program,
but only to the extent those records or testimony are relevant to
the conduct for which the pharmacist or intern pharmacist was
terminated from the pharmacists recovery program.
SEC. 78. Section 4373 of the Business and Professions Code is
amended to read:
4373. No member of the board shall be liable for any civil
damages because of acts or omissions that may occur while acting in
good faith pursuant to this article.
SEC. 79. Section 4400 of the Business and Professions Code, as
added by Section 50 of Chapter 857 of the Statutes of 2004, is
amended to read:
4400. The amount of fees and penalties prescribed by this
chapter, except as otherwise provided is that fixed by the board
according to the following schedule:
(a) The fee for a nongovernmental pharmacy license shall be three
hundred forty dollars ($340) and may be increased to four hundred
dollars ($400).
(b) The fee for a nongovernmental pharmacy annual renewal shall be
one hundred seventy-five dollars ($175) and may be increased to two
hundred fifty dollars ($250).
(c) The fee for the pharmacist application and examination shall
be one hundred fifty-five dollars ($155) and may be increased to one
hundred eighty-five dollars ($185).
(d) The fee for regrading an examination shall be seventy-five
dollars ($75) and may be increased to eighty-five dollars ($85). If
an error in grading is found and the applicant passes the
examination, the regrading fee shall be refunded.
(e) The fee for a pharmacist license and biennial renewal shall be
one hundred fifteen dollars ($115) and may be increased to one
hundred fifty dollars ($150).
(f) The fee for a nongovernmental wholesaler license and annual
renewal shall be five hundred fifty dollars ($550) and may be
increased to six hundred dollars ($600).
(g) The fee for a hypodermic license and renewal shall be ninety
dollars ($90) and may be increased to one hundred twenty-five dollars
($125).
(h) (1) The fee for application, investigation, and issuance of a
license as a designated representative pursuant to Section 4053 shall
be one hundred eighty-five dollars ($185) and may be increased to
two hundred fifty dollars ($250). If the applicant is not issued a
license as a designated representative, the board shall refund one
hundred ten dollars ($110) of the fee.
(2) The fee for the annual renewal of a license as a designated
representative shall be one hundred ten dollars ($110) and may be
increased to one hundred fifty dollars ($150).
(i) (1) The fee for the application, investigation, and issuance
of a license as a designated representative for a veterinary
food-animal drug retailer pursuant to Section 4053 shall be two
hundred fifty dollars ($250). If the applicant is not issued a
license as a designated representative, the board shall refund one
hundred fifty dollars ($150) of the fee.
(2) The fee for the annual renewal of a license as a designated
representative for a veterinary food-animal drug retailer shall be
one hundred ten dollars ($110).
(j) The fee for a nonresident wholesaler's license and annual
renewal issued pursuant to Section 4120 shall be five hundred fifty
dollars ($550) and may be increased to six hundred dollars ($600).
(k) The fee for evaluation of continuing education courses for
accreditation shall be set by the board at an amount not to exceed
forty dollars ($40) per course hour.
(l) The fee for an intern pharmacist license shall be sixty-five
dollars ($65) and may be increased to seventy-five dollars ($75). The
fee for transfer of intern hours or verification of licensure to
another state shall be fixed by the board not to exceed twenty
dollars ($20).
(m) The board may waive or refund the additional fee for the
issuance of a certificate where the certificate is issued less than
45 days before the next regular renewal date.
(n) The fee for the reissuance of any license, or renewal thereof,
that has been lost or destroyed or reissued due to a name change is
thirty dollars ($30).
(o) The fee for the reissuance of any license, or renewal thereof,
that must be reissued because of a change in the information, is
sixty dollars ($60) and may be increased to one hundred dollars
($100).
(p) It is the intent of the Legislature that, in setting fees
pursuant to this section, the board shall seek to maintain a reserve
in the Pharmacy Board Contingent Fund equal to approximately one year'
s operating expenditures.
(q) The fee for any applicant for a nongovernmental clinic permit
is three hundred forty dollars ($340) and may be increased to four
hundred dollars ($400) for each permit. The annual fee for renewal of
the permit is one hundred seventy-five dollars ($175) and may be
increased to two hundred fifty dollars ($250) for each permit.
(r) The board shall charge a fee for the processing and issuance
of a license to a pharmacy technician and a separate fee for the
biennial renewal of the license. The license fee shall be twenty-five
dollars ($25) and may be increased to fifty dollars ($50). The
biennial renewal fee shall be twenty-five dollars ($25) and may be
increased to fifty dollars ($50).
(s) The fee for a veterinary food-animal drug retailer license
shall be four hundred dollars ($400). The annual renewal fee for a
veterinary food-animal drug retailer shall be two hundred fifty
dollars ($250).
(t) The fee for issuance of a retired license pursuant to Section
4200.5 shall be thirty dollars ($30).
SEC. 79.5. Section 4400 of the Business and Professions Code, as
added by Section 50 of Chapter 857 of the Statutes of 2004, is
amended to read:
4400. The amount of fees and penalties prescribed by this
chapter, except as otherwise provided is that fixed by the board
according to the following schedule:
(a) The fee for a nongovernmental pharmacy license shall be three
hundred forty dollars ($340) and may be increased to four hundred
dollars ($400).
(b) The fee for a nongovernmental pharmacy annual renewal shall be
one hundred seventy-five dollars ($175) and may be increased to two
hundred fifty dollars ($250).
(c) The fee for the pharmacist application and examination shall
be one hundred fifty-five dollars ($155) and may be increased to one
hundred eighty-five dollars ($185).
(d) The fee for regrading an examination shall be seventy-five
dollars ($75) and may be increased to eighty-five dollars ($85). If
an error in grading is found and the applicant passes the
examination, the regrading fee shall be refunded.
(e) The fee for a pharmacist license and biennial renewal shall be
one hundred fifteen dollars ($115) and may be increased to one
hundred fifty dollars ($150).
(f) The fee for a nongovernmental wholesaler license and annual
renewal shall be five hundred fifty dollars ($550) and may be
increased to six hundred dollars ($600), except as provided in
subdivision (j).
(g) The fee for a hypodermic license and renewal shall be ninety
dollars ($90) and may be increased to one hundred twenty-five dollars
($125).
(h) (1) The fee for application, investigation, and issuance of
license as a designated representative pursuant to Section 4053 shall
be one hundred eighty-five dollars ($185) and may be increased to
two hundred fifty dollars ($250). If the applicant is not issued a
license as a designated representative, the board shall refund one
hundred ten dollars ($110) of the fee.
(2) The fee for the annual renewal of a license as a designated
representative shall be one hundred ten dollars ($110) and may be
increased to one hundred fifty dollars ($150).
(i) (1) The fee for the application, investigation, and issuance
of a license as a designated representative for a veterinary
food-animal drug retailer pursuant to Section 4053 shall be two
hundred fifty dollars ($250). If the applicant is not issued a
license as a designated representative, the board shall refund one
hundred fifty dollars
($150) of the fee.
(2) The fee for the annual renewal of a license as a designated
representative for a veterinary food-animal drug retailer shall be
one hundred ten dollars ($110).
(j) (1) The application fee for a nonresident wholesaler's license
issued pursuant to Section 4161 shall be five hundred fifty dollars
($550) and may be increased to six hundred dollars ($600).
(2) For nonresident wholesalers who have 21 or more wholesaler
facilities operating nationwide the application fees for the first 20
locations shall be five hundred fifty dollars ($550) and may be
increased to six hundred dollars ($600). The application fee for any
additional location after licensure of the first 20 locations shall
be two hundred twenty-five dollars ($225) and may be increased to
three hundred dollars ($300).
(3) The annual renewal fee for a nonresident wholesaler's license
issued pursuant to Section 4161 shall be five hundred fifty dollars
($550) and may be increased to six hundred dollars ($600).
(k) The fee for evaluation of continuing education courses for
accreditation shall be set by the board at an amount not to exceed
forty dollars ($40) per course hour.
(l) The fee for an intern pharmacist license shall be sixty-five
dollars ($65) and may be increased to seventy-five dollars ($75). The
fee for transfer of intern hours or verification of licensure to
another state shall be fixed by the board not to exceed twenty
dollars ($20).
(m) The board may waive or refund the additional fee for the
issuance of a certificate where the certificate is issued less than
45 days before the next regular renewal date.
(n) The fee for the reissuance of any license, or renewal thereof,
that has been lost or destroyed or reissued due to a name change is
thirty dollars ($30).
(o) The fee for the reissuance of any license, or renewal thereof,
that must be reissued because of a change in the information, is
sixty dollars ($60) and may be increased to one hundred dollars
($100).
(p) It is the intent of the Legislature that, in setting fees
pursuant to this section, the board shall seek to maintain a reserve
in the Pharmacy Board Contingent Fund equal to approximately one year'
s operating expenditures.
(q) The fee for any applicant for a nongovernmental clinic permit
is three hundred forty dollars ($340) and may be increased to four
hundred dollars ($400) for each permit. The annual fee for renewal of
the permit is one hundred seventy-five dollars ($175) and may be
increased to two hundred fifty dollars ($250) for each permit.
(r) The board shall charge a fee for the processing and issuance
of a license to a pharmacy technician and a separate fee for the
biennial renewal of the license. The license fee shall be twenty-five
dollars ($25) and may be increased to fifty dollars ($50). The
biennial renewal fee shall be twenty-five dollars ($25) and may be
increased to fifty dollars ($50).
(s) The fee for a veterinary food-animal drug retailer license
shall be four hundred dollars ($400). The annual renewal fee for a
veterinary food-animal drug retailer shall be two hundred fifty
dollars ($250).
(t) The fee for issuance of a retired license pursuant to Section
4200.5 shall be thirty dollars ($30).
SEC. 80. Section 4850 of the Business and Professions Code is
amended to read:
4850. Every person holding a license under this chapter shall
conspicuously display the license in his or her principal place of
business.
SEC. 81. Section 28.5 of this bill incorporates amendments to
Section 2234.1 of the Business and Professions Code proposed by both
this bill and Assembly Bill 592. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2006, (2) each bill amends Section 2234.1 of the Business and
Professions Code, and (3) this bill is enacted after Assembly Bill
592, in which case Section 28 of this bill shall not become
operative.
SEC. 82. Section 62.5 of this bill incorporates amendments to
Section 4315 of the Business and Professions Code proposed by both
this bill and Senate Bill 644. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2006, (2) each bill amends Section 4315 of the Business and
Professions Code, and (3) this bill is enacted after SB 644, in which
case Section 62 of this bill shall not become operative.
SEC. 83. Section 79.5 of this bill incorporates amendments to
Section 4400 of the Business and Professions Code proposed by both
this bill and Assembly Bill 497. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2006, (2) each bill amends Section 4400 of the Business and
Professions Code, and (3) this bill is enacted after AB 497, in which
case Section 79 of this bill shall not become operative.
SEC. 84. 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.