BILL NUMBER: SB 1476 CHAPTERED
BILL TEXT
CHAPTER 658
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2006
APPROVED BY GOVERNOR SEPTEMBER 29, 2006
PASSED THE SENATE AUGUST 31, 2006
PASSED THE ASSEMBLY AUGUST 31, 2006
AMENDED IN ASSEMBLY AUGUST 30, 2006
AMENDED IN ASSEMBLY AUGUST 24, 2006
AMENDED IN ASSEMBLY JUNE 21, 2006
AMENDED IN SENATE MAY 1, 2006
AMENDED IN SENATE APRIL 17, 2006
INTRODUCED BY Senator Figueroa
FEBRUARY 23, 2006
An act to amend Sections 30, 101, 205, 473.15, 1601.1, 1616.5,
1742, 1770, 2460, 2570.4, 2570.19, 2602, 2668, 2701, 2708, 2920,
2933, 3010.5, 3014.6, 3504, 3512, 3516.1, 3685, 3710, 3716, 3765,
4001, 4003, 4034, 4162, 4162.5, 4163.5, 4169, 4200.1, 4800, 4804.5,
4928, 4934, 5510, 5517, 5620, 5621, 5622, 5810, 5811, 6704, 6710,
6712, 6714, 6716, 6726.2, 6730, 6732.3, 6738, 6740, 6750, 6753, 6754,
6787, 7000.5, 7011, 7200, 7215.6, 7810, 7815.5, 8000, 8710, 8729,
8740, 8745, and 22251 of, to amend and repeal Sections 1760, 1760.5,
1761, 1762, 1763, 1764, 1765, 1766, 1768, 1769, 1772, 1774, 1775, and
4163 of, to amend, repeal, and add Sections 1621, 1670.1, 1680,
1721, 1721.5, 1741, 1742.1, 1743, 1744, 1771, 4999.2, and 4999.7 of,
to add Sections 1900.5, 2660.5, 4163.1, 6732.5, and 6746.1 to, and to
repeal Section 4163.6 of, the Business and Professions Code, to
amend, repeal, and add Section 44876 of the Education Code, and to
amend, repeal, and add Sections 1348.8 and 128160 of the Health and
Safety Code, relating to professions and vocations, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1476, Figueroa Professions and vocations.
(1) Existing law regulates various professions and vocations by
various boards within the Department of Consumer Affairs. Existing
law requires those boards, and the State Bar of California and the
Department of Real Estate, to require a licensee, at the time of
issuance or renewal of a license, to provide the licensee's federal
employer identification number, if the licensee is a partnership, or
his or her social security number.
This bill would instead impose that requirement only when a
license is issued.
(2) Existing law provides for the licensing and regulation of
dentists by the Dental Board of California, and authorizes the board
to appoint an executive officer. These provisions will become
inoperative on July 1, 2008, and will be repealed on January 1, 2009.
This bill would make nonsubstantive changes to those provisions.
(3) Existing law provides for the licensing and regulation of
dental auxiliaries by the Committee on Dental Auxiliaries, and makes
those provisions inoperative on July 1, 2008, and repeals them on
January 1, 2009.
This bill would instead make those provisions inoperative on July
1, 2009, and would repeal them on January 1, 2010, if SB 1472 is not
enacted.
If SB 1472 is enacted and becomes effective on or before January
1, 2007, it would, among other things, rename the Committee on Dental
Auxiliaries the Committee on Dental Assistants and revise the
membership of the committee, and would create the California Dental
Hygiene Bureau in the Department of Consumer Affairs and the Dental
Hygiene Advisory Committee in the bureau.
This bill would make those provisions operative on January 1,
2008, instead of January 1, 2007, and would make other conforming
changes, if SB 1472 is enacted.
(4) Existing law provides for the licensure and regulation of
psychologists by the Board of Psychology, requires the board to
employ necessary personnel, and authorizes the board to employ an
executive officer. Existing law provides for the licensure and
regulation of acupuncturists by the Acupuncture Board and requires
the board to employ necessary personnel, including an executive
officer. Existing law provides for the licensure and regulation of
geologists and geophysicists by the Board for Geologists and
Geophysicists and for the licensure and regulation of court reporters
by the Court Reporters Board of California. Existing law provides
for the licensure and regulation of contractors by the Contractors'
License Board. These provisions will become inoperative on July 1,
2008, and will be repealed on January 1, 2009.
This bill would instead make these provisions inoperative on July
1, 2009, and would repeal them on January 1, 2010.
(5) Existing law provides for the licensing and regulation of
podiatrists by the California Board of Podiatric Medicine, within the
jurisdiction of the Medical Board of California. Existing law
provides for the licensure and regulation of registered nurses by the
Board of Registered Nursing, in the Department of Consumer Affairs,
and requires the board to appoint an executive officer. Existing law
provides for the licensure and regulation of optometrists by the
State Board of Optometry, in the Department of Consumer Affairs, and
authorizes the board to appoint an executive officer. These
provisions will become inoperative on July 1, 2008, and will be
repealed on January 1, 2009.
This bill would instead make these provisions inoperative on July
1, 2010, and would repeal them on January 1, 2011.
(6) Existing law, the Occupational Therapy Practice Act, provides
for the licensing and regulation of occupational therapists and the
certification and regulation of occupational therapy assistants by
the California Board of Occupational Therapy. These provisions will
become inoperative on July 1, 2007, and will be repealed on January
1, 2008.
This bill would instead make these provisions inoperative on July
1, 2013, and would repeal them on January 1, 2014.
Existing law exempts certain persons from the requirements of the
act, including a licensee from a state with commensurately stringent
requirements, if the services are performed for less than 45 days in
a calender year and are performed in association with an occupational
therapist licensed under the act.
This bill would instead require a licensee from a state with
commensurately stringent requirements to have filed with the board an
application for licensure as an occupational therapist or certified
occupational therapy assistant and would require that his or her
services be performed for no more than 60 days from the date on which
the application is filed. The bill would delete the requirement that
the services be performed in association with an occupational
therapist licensed in the state. This bill would also restrict the
practice of occupational therapists and occupational therapist
assistants who have previously been denied a license in this state.
(7) Existing law provides for the licensure and regulation of
physical therapists and physical therapist assistants by the Physical
Therapy Board of California. These provisions will become
inoperative on July 1, 2007, and will be repealed on January 1, 2008.
This bill would instead make these provisions inoperative on July
1, 2013, and would repeal them on January 1, 2014.
Existing law provides for a diversion program for the
rehabilitation of physical therapists and physical therapist
assistants abusing drugs or alcohol, and authorizes the board to
charge a fee of up to $100 for participation in the program. Existing
law requires persons convicted of certain sex offenses to register
as sex offenders, as specified.
This bill would change the fee for participation in the diversion
program to the amount necessary to cover the actual cost of
administering the program. Because this bill could increase the fee
revenue deposited into the Physical Therapy Fund, a continuously
appropriated fund, the bill would make an appropriation. The bill
would also require the board to deny licensure as a physical
therapist or approval as a physical therapist assistant if the
applicant is required to register as a sex offender, unless the
registration is required as a result of a misdemeanor conviction for
indecent exposure.
(8) Existing law provides for the licensure and regulation of
physician assistants by the Physician Assistant Committee of the
Medical Board of California. Existing law requires the committee to
employ necessary personnel, including an executive officer. Existing
law prohibits a physician who provides services in a medically
underserved area from supervising more than 4 physician assistants at
one time. Existing law establishes within the Department of Consumer
Affairs a State Board of Guide Dogs for the Blind that licenses
schools for the training of guide dogs for the blind. Existing law
also establishes a pilot project for the arbitration of disputes
between guide dog users and guide dog schools relating to the
continued physical custody and use of the guide dog when the dog user
is not the legal owner of the dog. All of these provisions will
become inoperative on July 1, 2008, and will be repealed on January
1, 2009.
This bill would instead make these provisions inoperative on July
1, 2011, and would repeal them on January 1, 2012.
(9) Existing law, the Naturopathic Doctors Act, provides for the
licensure and regulation of the practice of naturopathic medicine,
and establishes the Bureau of Naturopathic Medicine, in the
Department of Consumer Affairs, which is responsible for the
administration of the act. A violation of certain provisions of the
act is a crime. The act will become inoperative on July 1, 2009, and
will be repealed on January 1, 2010.
This bill would instead make the act inoperative on July 1, 2010,
and would repeal it on January 1, 2011.
Because this bill would extend the application of certain
provisions, the violation of which would be a crime, it would impose
a state-mandated local program.
(10) Existing law, the Respiratory Care Practice Act, provides for
the licensure and regulation of respiratory professionals by the
Respiratory Care Board of California, and authorizes the board to
appoint an executive officer. These provisions will become
inoperative on July 1, 2008, and will be repealed on January 1, 2009.
This bill would instead make these provisions inoperative on July
1, 2010, and would repeal them on January 1, 2011.
Existing law defines the practice of respiratory therapy, and
prohibits its practice without a license issued by the board, subject
to certain exceptions.
This bill would specify that a person employed by a home medical
device retail facility or a licensed home health agency is not
prohibited by the act from performing respiratory care or related
services authorized by the board.
(11) Existing law, the Pharmacy Law, provides for the licensure
and regulation of the practice of pharmacy and the sale of dangerous
drugs or dangerous devices by the California State Board of Pharmacy,
in the Department of Consumer Affairs. Existing law authorizes the
board to appoint an executive officer. These provisions will become
inoperative on July 1, 2008, and will be repealed on January 1, 2009.
This bill would instead make these provisions inoperative on July
1, 2010, and would repeal them on January 1, 2011.
On and after January 1, 2007, existing law prohibits a wholesaler
or pharmacy from selling, trading, or transferring a dangerous drug
without a pedigree, as defined, and prohibits a wholesaler or
pharmacy from acquiring a dangerous drug without receiving a
pedigree, unless the compliance date is extended. Existing law
authorizes the board to extend the compliance date to January 1,
2008, in specified circumstances.
This bill would instead impose the prohibition against selling,
trading, transferring, or acquiring a dangerous drug without a
pedigree on January 1, 2009, and would extend the board's authority
to extend the compliance date. The bill would also impose additional
requirements with respect to information required to be contained in
a pedigree and would make other conforming changes.
Existing law requires a surety bond to secure payments of fines by
resident and nonresident dangerous drug wholesalers. These
provisions are repealed on January 1, 2011.
This bill would instead repeal those provisions on January 1,
2015.
(12) Existing law provides for the licensure and regulation of
veterinarians by the Veterinary Medical Board in the Department of
Consumer Affairs, and authorizes the board to appoint an executive
officer. Existing law provides for the licensure and regulation of
architects by the California Architects Board and authorizes the
board to appoint an executive officer. Existing law provides for the
creation of the Landscape Architects Technical Committee to assist
the board with specified functions. These provisions will become
inoperative on July 1, 2009, and will be repealed on January 1, 2010.
This bill would instead make these provisions inoperative on July
1, 2011, and would repeal them on January 1, 2012.
(13) Existing law provides for a certification process for
interior designers, and repeals those provisions on January 1, 2008.
This bill would instead repeal those provisions on January 1,
2010.
(14) Existing law provides for the licensure and regulation of
professional engineers and land surveyors by the Board for
Professional Engineers and Land Surveyors, in the Department of
Consumer Affairs. Existing law requires the board to appoint an
executive officer. These provisions will become inoperative on July
1, 2008, and will be repealed on January 1, 2009.
This bill would instead make these provisions inoperative on July
1, 2011, and would repeal them on January 1, 2012.
The bill would change the date on which board member terms
expire. The bill would revise certain voting requirements for actions
taken by the board. The bill would revise provisions relating to the
use of a person's name in the name of an engineering business or a
land surveying business. The bill would require all businesses
engaged in civil, electrical, or mechanical engineering services to
file a current organization record with the board.
Existing law authorizes the board to give one year of credit as
qualifying experience for a postgraduate degree in a school of
engineering.
This bill would instead authorize the board to give up to 5 years
of credit as qualifying experience. The bill would authorize the
board to make arrangements with an organization to conduct
examinations for licensure. The bill would revise other related
provisions and make technical changes.
(15) Existing law requires the body that certifies interior
designers to report by September 1, 2005, on the effectiveness of the
California Code and Regulation Examination for interior design
professionals.
This bill would extend the reporting date to September 1, 2008.
(16) Existing law imposes various requirements on tax preparers.
Existing law recognizes the California Tax Education Council as an
organization representing various interested organizations in the tax
return preparation industry and that performs certain functions
pursuant to law. Existing law requires the council to establish a
process for 2 individual tax preparers to be appointed to the council
with full voting privileges.
The bill would increase the number of individual tax preparers to
be appointed to 6.
(17) This bill would incorporate additional changes in Section 101
of the Business and Professions Code, proposed by AB 2821, to be
operative only if AB 2821 and this bill are chaptered and become
effective on or before January 1, 2007, SB 1472 is chaptered and
amends Section 101 of the Business and Professions Code, and this
bill is chaptered last.
(18) 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 30 of the Business and Professions Code is
amended to read:
30. (a) Notwithstanding any other provision of law, any board, as
defined in Section 22, and the State Bar and the Department of Real
Estate shall at the time of issuance of the license require that the
licensee provide its federal employer identification number, if the
licensee is a partnership, or his or her social security number for
all others.
(b) Any licensee failing to provide the federal identification
number or social security number shall be reported by the licensing
board to the Franchise Tax Board and, if failing to provide after
notification pursuant to paragraph (1) of subdivision (b) of Section
19528 of the Revenue and Taxation Code, shall be subject to the
penalty provided in paragraph (2) of subdivision (b) of Section 19528
of the Revenue and Taxation Code.
(c) In addition to the penalty specified in subdivision (b), a
licensing board may not process any application for an original
license unless the applicant or licensee provides its federal
employer identification number or social security number where
requested on the application.
(d) A licensing board shall, upon request of the Franchise Tax
Board, furnish to the Franchise Tax Board the following information
with respect to every licensee:
(1) Name.
(2) Address or addresses of record.
(3) Federal employer identification number if the entity is a
partnership or social security number for all others.
(4) Type of license.
(5) Effective date of license or a renewal.
(6) Expiration date of license.
(7) Whether license is active or inactive, if known.
(8) Whether license is new or a renewal.
(e) For the purposes of this section:
(1) "Licensee" means any entity, other than a corporation,
authorized by a license, certificate, registration, or other means to
engage in a business or profession regulated by this code or
referred to in Section 1000 or 3600.
(2) "License" includes a certificate, registration, or any other
authorization needed to engage in a business or profession regulated
by this code or referred to in Section 1000 or 3600.
(3) "Licensing board" means any board, as defined in Section 22,
the State Bar, and the Department of Real Estate.
(f) The reports required under this section shall be filed on
magnetic media or in other machine-readable form, according to
standards furnished by the Franchise Tax Board.
(g) Licensing boards shall provide to the Franchise Tax Board the
information required by this section at a time that the Franchise Tax
Board may require.
(h) Notwithstanding Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code, the social security
number and federal employer identification number furnished pursuant
to this section shall not be deemed to be a public record and shall
not be open to the public for inspection.
(i) Any deputy, agent, clerk, officer, or employee of any
licensing board described in subdivision (a), or any former officer
or employee or other individual who in the course of his or her
employment or duty has or has had access to the information required
to be furnished under this section, may not disclose or make known in
any manner that information, except as provided in this section to
the Franchise Tax Board or as provided in subdivision (k).
(j) It is the intent of the Legislature in enacting this section
to utilize the social security account number or federal employer
identification number for the purpose of establishing the
identification of persons affected by state tax laws and for purposes
of compliance with Section 17520 of the Family Code and, to that
end, the information furnished pursuant to this section shall be used
exclusively for those purposes.
(k) If the board utilizes a national examination to issue a
license, and if a reciprocity agreement or comity exists between the
State of California and the state requesting release of the social
security number, any deputy, agent, clerk, officer, or employee of
any licensing board described in subdivision (a) may release a social
security number to an examination or licensing entity, only for the
purpose of verification of licensure or examination status.
(l) For the purposes of enforcement of Section 17520 of the Family
Code, and notwithstanding any other provision of law, any board, as
defined in Section 22, and the State Bar and the Department of Real
Estate shall at the time of issuance of the license require that each
licensee provide the social security number of each individual
listed on the license and any person who qualifies the license. For
the purposes of this subdivision, "licensee" means any entity that is
issued a license by any board, as defined in Section 22, the State
Bar, the Department of Real Estate, and the Department of Motor
Vehicles.
SEC. 2. Section 101 of the Business and Professions Code is
amended to read:
101. The department is comprised of:
(a) The Dental Board of California.
(b) The Medical Board of California.
(c) The State Board of Optometry.
(d) The California State Board of Pharmacy.
(e) The Veterinary Medical Board.
(f) The California Board of Accountancy.
(g) The California Architects Board.
(h) The Bureau of Barbering and Cosmetology.
(i) The Board for Professional Engineers and Land Surveyors.
(j) The Contractors' State License Board.
(k) The Bureau for Private Postsecondary and Vocational Education.
(l) The Structural Pest Control Board.
(m) The Bureau of Home Furnishings and Thermal Insulation.
(n) The Board of Registered Nursing.
(o) The Board of Behavioral Sciences.
(p) The State Athletic Commission.
(q) The Cemetery and Funeral Bureau.
(r) The State Board of Guide Dogs for the Blind.
(s) The Bureau of Security and Investigative Services.
(t) The Court Reporters Board of California.
(u) The Board of Vocational Nursing and Psychiatric Technicians.
(v) The Landscape Architects Technical Committee.
(w) The Bureau of Electronic and Appliance Repair.
(x) The Division of Investigation.
(y) The Bureau of Automotive Repair.
(z) The State Board of Registration for Geologists and
Geophysicists.
(aa) The Respiratory Care Board of California.
(ab) The Acupuncture Board.
(ac) The Board of Psychology.
(ad) The California Board of Podiatric Medicine.
(ae) The Physical Therapy Board of California.
(af) The Arbitration Review Program.
(ag) The Committee on Dental Auxiliaries or, on and after January
1, 2008, the Committee on Dental Assistants.
(ah) The Hearing Aid Dispensers Bureau.
(ai) The Physician Assistant Committee.
(aj) The Speech-Language Pathology and Audiology Board.
(ak) The California Board of Occupational Therapy.
(al) The Osteopathic Medical Board of California.
(am) The Bureau of Naturopathic Medicine.
(an) On and after January 1, 2008, the California Dental Hygiene
Bureau.
(ao) Any other boards, offices, or officers subject to its
jurisdiction by law.
SEC. 2.5. Section 101 of the Business and Professions Code is
amended to read:
101. The department is comprised of:
(a) The Dental Board of California.
(b) The Medical Board of California.
(c) The State Board of Optometry.
(d) The California State Board of Pharmacy.
(e) The Veterinary Medical Board.
(f) The California Board of Accountancy.
(g) The California Architects Board.
(h) The Bureau of Barbering and Cosmetology.
(i) The Board for Professional Engineers and Land Surveyors.
(j) The Contractors' State License Board.
(k) The Bureau for Private Postsecondary and Vocational Education.
(l) The Structural Pest Control Board.
(m) The Bureau of Home Furnishings and Thermal Insulation.
(n) The Board of Registered Nursing.
(o) The Board of Behavioral Sciences.
(p) The State Athletic Commission.
(q) The Cemetery and Funeral Bureau.
(r) The State Board of Guide Dogs for the Blind.
(s) The Bureau of Security and Investigative Services.
(t) The Court Reporters Board of California.
(u) The Board of Vocational Nursing and Psychiatric Technicians.
(v) The Landscape Architects Technical Committee.
(w) The Bureau of Electronic and Appliance Repair.
(x) The Division of Investigation.
(y) The Bureau of Automotive Repair.
(z) The State Board of Registration for Geologists and
Geophysicists.
(aa) The Respiratory Care Board of California.
(ab) The California Asian Medical Board.
(ac) The Board of Psychology.
(ad) The California Board of Podiatric Medicine.
(ae) The Physical Therapy Board of California.
(af) The Arbitration Review Program.
(ag) The Committee on Dental Auxiliaries or, on and after January
1, 2008, the Committee on Dental Assistants.
(ah) The Hearing Aid Dispensers Bureau.
(ai) The Physician Assistant Committee.
(aj) The Speech-Language Pathology and Audiology Board.
(ak) The California Board of Occupational Therapy.
(al) The Osteopathic Medical Board of California.
(am) The Bureau of Naturopathic Medicine.
(an) On and after January 1, 2008, the California Dental Hygiene
Bureau.
(ao) Any other boards, offices, or officers subject to its
jurisdiction by law.
SEC. 3. Section 205 of the Business and Professions Code is
amended to read:
205. (a) There is in the State Treasury the Professions and
Vocations Fund. The fund shall consist of the following special
funds:
(1) Accountancy Fund.
(2) California Board of Architectural Examiners' Fund.
(3) Athletic Commission Fund.
(4) Barbering and Cosmetology Contingent Fund.
(5) Cemetery Fund.
(6) Contractors' License Fund.
(7) State Dentistry Fund.
(8) State Funeral Directors and Embalmers Fund.
(9) Guide Dogs for the Blind Fund.
(10) Bureau of Home Furnishings and Thermal Insulation Fund.
(11) California Board of Architectural Examiners-Landscape
Architects Fund.
(12) Contingent Fund of the Medical Board of California.
(13) Optometry Fund.
(14) Pharmacy Board Contingent Fund.
(15) Physical Therapy Fund.
(16) Private Investigator Fund.
(17) Professional Engineers' and Land Surveyors' Fund.
(18) Consumer Affairs Fund.
(19) Behavioral Sciences Fund.
(20) Licensed Midwifery Fund.
(21) Court Reporters' Fund.
(22) Structural Pest Control Fund.
(23) Veterinary Medical Board Contingent Fund.
(24) Vocational Nurses Account of the Vocational Nursing and
Psychiatric Technicians Fund.
(25) State Dental Auxiliary Fund or, on and after January 1, 2008,
State Dental Assistant Fund.
(26) Electronic and Appliance Repair Fund.
(27) Geology and Geophysics Fund.
(28) Dispensing Opticians Fund.
(29) Acupuncture Fund.
(30) Hearing Aid Dispensers Fund.
(31) Physician Assistant Fund.
(32) Board of Podiatric Medicine Fund.
(33) Psychology Fund.
(34) Respiratory Care Fund.
(35) Speech-Language Pathology and Audiology Fund.
(36) Board of Registered Nursing Fund.
(37) Psychiatric Technician Examiners Account of the Vocational
Nursing and Psychiatric Technicians Fund.
(38) Animal Health Technician Examining Committee Fund.
(39) Structural Pest Control Education and Enforcement Fund.
(40) Structural Pest Control Research Fund.
(41) On and after January 1, 2008, State Dental Hygiene Fund.
(b) For accounting and recordkeeping purposes, the Professions and
Vocations Fund shall be deemed to be a single special fund, and each
of the several special funds therein shall constitute and be deemed
to be a separate account in the Professions and Vocations Fund. Each
account or fund shall be available for expenditure only for the
purposes as are now or may hereafter be provided by law.
SEC. 4. Section 473.15 of the Business and Professions Code is
amended to read:
473.15. (a) The Joint Committee on Boards, Commissions, and
Consumer Protection established pursuant to Section 473 shall review
the following boards established by initiative measures, as provided
in this section:
(1) The State Board of Chiropractic Examiners established by an
initiative measure approved by electors November 7, 1922.
(2) The Osteopathic Medical Board of California established by an
initiative measure approved June 2, 1913, and acts amendatory thereto
approved by electors November 7, 1922.
(b) The Osteopathic Medical Board of California shall prepare an
analysis and submit a report as described in subdivisions (a) to (e),
inclusive, of Section 473.2, to the Joint Committee on Boards,
Commissions, and Consumer Protection on or before September 1, 2010.
(c) The State Board of Chiropractic Examiners shall prepare an
analysis and submit a report as described in subdivisions (a) to (e),
inclusive, of Section 473.2, to the Joint Committee on Boards,
Commissions, and Consumer Protection on or before September 1, 2011.
(d) The Joint Committee on Boards, Commissions, and Consumer
Protection shall, during the interim recess of 2004 for the
Osteopathic Medical Board of California, and during the interim
recess of 2011 for the State Board of Chiropractic Examiners, hold
public hearings to receive testimony from the Director of Consumer
Affairs, the board involved, the public, and the regulated industry.
In that hearing, each board shall be prepared to demonstrate a
compelling public need for the continued existence of the board or
regulatory program, and that its licensing function is the least
restrictive regulation consistent with the public health, safety, and
welfare.
(e) The Joint Committee on Boards, Commissions, and Consumer
Protection shall evaluate and make determinations pursuant to Section
473.4 and shall report its findings and recommendations to the
department as provided in Section 473.5.
(f) In the exercise of its inherent power to make investigations
and ascertain facts to formulate public policy and determine the
necessity and expediency of contemplated legislation for the
protection of the public health, safety, and welfare, it is the
intent of the Legislature that the State Board of Chiropractic
Examiners and the Osteopathic Medical Board of California be reviewed
pursuant to this section.
(g) It is not the intent of the Legislature in requiring a review
under this section to amend the initiative measures that established
the State Board of Chiropractic Examiners or the Osteopathic Medical
Board of California.
SEC. 5. Section 1601.1 of the Business and Professions Code is
amended to read:
1601.1. (a) There shall be in the Department of Consumer Affairs
the Dental Board of California in which the administration of this
chapter is vested. The board shall consist of eight practicing
dentists, one registered dental hygienist, one registered dental
assistant, and four public members. Of the eight practicing dentists,
one shall be a member of a faculty of any California dental college
and one shall be a dentist practicing in a nonprofit community
clinic. The appointing powers, described in Section 1603, may appoint
to the board a person who was a member of the prior board. The board
shall be organized into standing committees dealing with
examinations, enforcement, and other subjects as the board deems
appropriate.
(b) For purposes of this chapter, any reference in this chapter to
the Board of Dental Examiners shall be deemed to refer to the Dental
Board of California.
(c) The board shall have all authority previously vested in the
existing board under this chapter. The board may enforce all
disciplinary actions undertaken by the prior board.
(d) This section shall become inoperative on July 1, 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. The repeal of this
section renders the board subject to the review required by Division
1.2 (commencing with Section 473).
SEC. 6. Section 1616.5 of the Business and Professions Code is
amended to read:
1616.5. (a) The board, by and with the approval of the director,
may appoint a person exempt from civil service who shall be
designated as an executive officer and exercise the powers and
perform the duties delegated by the board and vested in him or her by
this chapter.
(b) This section shall become inoperative on July 1, 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. 7. Section 1621 of the Business and Professions Code is
amended to read:
1621. The board shall utilize in the administration of its
licensure examinations only examiners whom it has appointed and who
meet the following criteria:
(a) Possession of a valid license to practice dentistry in this
state or possession of a valid license in one of the following dental
auxiliary categories: registered dental assistant, registered dental
assistant in extended functions, registered dental hygienist,
registered dental hygienist in extended functions, or registered
dental hygienist in alternative practice.
(b) Practice as a licensed dentist or in a dental auxiliary
licensure category for at least five years preceding his or her
appointment.
(c) Hold no position as an officer or faculty member at any
college, school, or institution that provides dental instruction in
the same licensure category as that held by the examiner.
(d) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 8. Section 1621 is added to the Business and Professions
Code, to read:
1621. The board shall utilize in the administration of its
licensure examinations only examiners whom it has appointed and who
meet the following criteria:
(a) Possession of a valid license to practice dentistry in this
state or possession of a valid license in one of the following
categories: registered dental assistant, registered dental assistant
in extended functions, registered dental hygienist, registered dental
hygienist in extended functions, or registered dental hygienist in
alternative practice.
(b) Practice as a licensed dentist or in a licensure category
described in subdivision (a) for at least five years preceding his or
her appointment.
(c) Hold no position as an officer or faculty member at any
college, school, or institution that provides dental instruction in
the same licensure category as that held by the examiner.
(d) This section shall become operative on January 1, 2008.
SEC. 9. Section 1670.1 of the Business and Professions Code is
amended to read:
1670.1. Any licentiate under this chapter may have his or her
license revoked or suspended or be reprimanded or be placed on
probation by the board for conviction of a crime substantially
related to the qualifications, functions, or duties of a dentist or
dental auxiliary, in which case the record of conviction or a
certified copy thereof, certified by the clerk of the court or by the
judge in whose court the conviction is had, shall be conclusive
evidence.
The board shall undertake proceedings under this section upon the
receipt of a certified copy of the record of conviction. A plea or
verdict of guilty or a conviction following a plea of nolo contendere
made to a charge of a felony or of any misdemeanor substantially
related to the qualifications, functions, or duties of a dentist or
dental auxiliary is deemed to be a conviction within the meaning of
this section. The board may order the license suspended or revoked,
or may decline to issue a license, when the time for appeal has
elapsed, or the judgment of conviction has been affirmed on appeal or
when an order granting probation is made suspending the imposition
of sentence, irrespective of a subsequent order under any provision
of the Penal Code, including, but not limited to, Section 1203.4 of
the Penal Code, allowing such person to withdraw his or her plea of
guilty and to enter a plea of not guilty, or setting aside the
verdict of guilty, or dismissing the accusation, information or
indictment.
This section shall remain in effect only until January 1, 2008, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2008, deletes or extends that date.
SEC. 10. Section 1670.1 is added to the Business and Professions
Code, to read:
1670.1. (a) Any licentiate under this chapter may have his or her
license revoked or suspended or be reprimanded or be placed on
probation by the board for conviction of a crime substantially
related to the qualifications, functions, or duties of a dentist,
dental auxiliary, or registered dental hygienist, in which case the
record of conviction or a certified copy thereof, certified by the
clerk of the court or by the judge in whose court the conviction is
had, shall be conclusive evidence.
(b) The board shall undertake proceedings under this section upon
the receipt of a certified copy of the record of conviction. A plea
or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge of a felony or of any misdemeanor
substantially related to the qualifications, functions, or duties of
a dentist, dental auxiliary, or registered dental hygienist is deemed
to be a conviction within the meaning of this section. The board may
order the license suspended or revoked, or may decline to issue a
license, when the time for appeal has elapsed, or the judgment of
conviction has been affirmed on appeal or when an order granting
probation is made suspending the imposition of sentence, irrespective
of a subsequent order under any provision of the Penal Code,
including, but not limited to, Section 1203.4 of the Penal Code,
allowing the person to withdraw his or her plea of guilty and to
enter a plea of not guilty, or setting aside the verdict of guilty,
or dismissing the accusation, information, or indictment.
(c) This section shall become operative on January 1, 2008.
SEC. 11. Section 1680 of the Business and Professions Code is
amended to read:
1680. Unprofessional conduct by a person licensed under this
chapter is defined as, but is not limited to, any one of the
following:
(a) The obtaining of any fee by fraud or misrepresentation.
(b) The employment directly or indirectly of any student or
suspended or unlicensed dentist to practice dentistry as defined in
this chapter.
(c) The aiding or abetting of any unlicensed person to practice
dentistry.
(d) The aiding or abetting of a licensed person to practice
dentistry unlawfully.
(e) The committing of any act or acts of sexual abuse, misconduct,
or relations with a patient that are substantially related to the
practice of dentistry.
(f) The use of any false, assumed, or fictitious name, either as
an individual, firm, corporation, or otherwise, or any name other
than the name under which he or she is licensed to practice, in
advertising or in any other manner indicating that he or she is
practicing or will practice dentistry, except that name as is
specified in a valid permit issued pursuant to Section 1701.5.
(g) The practice of accepting or receiving any commission or the
rebating in any form or manner of fees for professional services,
radiograms, prescriptions, or other services or articles supplied to
patients.
(h) The making use by the licensee or any agent of the licensee of
any advertising statements of a character tending to deceive or
mislead the public.
(i) The advertising of either professional superiority or the
advertising of performance of professional services in a superior
manner. This subdivision shall not prohibit advertising permitted by
subdivision (h) of Section 651.
(j) The employing or the making use of solicitors.
(k) The advertising in violation of Section 651.
(l) The advertising to guarantee any dental service, or to perform
any dental operation painlessly. This subdivision shall not prohibit
advertising permitted by Section 651.
(m) The violation of any of the provisions of law regulating the
procurement, dispensing, or administration of dangerous drugs, as
defined in Article 7 (commencing with Section 4211) of Chapter 9, or
controlled substances, as defined in Division 10 (commencing with
Section 11000) of the Health and Safety Code.
(n) The violation of any of the provisions of this division.
(o) The permitting of any person to operate dental radiographic
equipment who has not met the requirements of Section 1656.
(p) The clearly excessive prescribing or administering of drugs or
treatment, or the clearly excessive use of diagnostic procedures, or
the clearly excessive use of diagnostic or treatment facilities, as
determined by the customary practice and standards of the dental
profession.
Any person who violates this subdivision is guilty of a
misdemeanor and shall be punished by a fine of not less than one
hundred dollars ($100) or more than six hundred dollars ($600), or by
imprisonment for a term of not less than 60 days or more than 180
days, or by both a fine and imprisonment.
(q) The use of threats or harassment against any patient or
licensee for providing evidence in any possible or actual
disciplinary action, or other legal action; or the discharge of an
employee primarily based on the employee's attempt to comply with the
provisions of this chapter or to aid in the compliance.
(r) Suspension or revocation of a license issued, or discipline
imposed, by another state or territory on grounds which would be the
basis of discipline in this state.
(s) The alteration of a patient's record with intent to deceive.
(t) Unsanitary or unsafe office conditions, as determined by the
customary practice and standards of the dental profession.
(u) The abandonment of the patient by the licensee, without
written notice to the patient that treatment is to be discontinued
and before the patient has ample opportunity to secure the services
of another dentist and provided the health of the patient is not
jeopardized.
(v) The willful misrepresentation of facts relating to a
disciplinary action to the patients of a disciplined licensee.
(w) Use of fraud in the procurement of any
license issued pursuant to this chapter.
(x) Any action or conduct which would have warranted the denial of
the license.
(y) The aiding or abetting of a licensed dentist or dental
auxiliary to practice dentistry in a negligent or incompetent manner.
(z) The failure to report to the board in writing within seven
days any of the following: (1) the death of his or her patient during
the performance of any dental procedure; (2) the discovery of the
death of a patient whose death is related to a dental procedure
performed by him or her; or (3) except for a scheduled
hospitalization, the removal to a hospital or emergency center for
medical treatment for a period exceeding 24 hours of any patient to
whom oral conscious sedation, conscious sedation, or general
anesthesia was administered, or any patient as a result of dental
treatment. With the exception of patients to whom oral conscious
sedation, conscious sedation, or general anesthesia was administered,
removal to a hospital or emergency center that is the normal or
expected treatment for the underlying dental condition is not
required to be reported. Upon receipt of a report pursuant to this
subdivision the board may conduct an inspection of the dental office
if the board finds that it is necessary.
(aa) Participating in or operating any group advertising and
referral services that are in violation of Section 650.2.
(bb) The failure to use a fail-safe machine with an appropriate
exhaust system in the administration of nitrous oxide. The board
shall, by regulation, define what constitutes a fail-safe machine.
(cc) Engaging in the practice of dentistry with an expired
license.
(dd) Except for good cause, the knowing failure to protect
patients by failing to follow infection control guidelines of the
board, thereby risking transmission of blood-borne infectious
diseases from dentist or dental auxiliary to patient, from patient to
patient, and from patient to dentist or dental auxiliary. In
administering this subdivision, the board shall consider referencing
the standards, regulations, and guidelines of the State Department of
Health Services developed pursuant to Section 1250.11 of the Health
and Safety Code and the standards, guidelines, and regulations
pursuant to the California Occupational Safety and Health Act of 1973
(Part 1 (commencing with Section 6300), Division 5, Labor Code) for
preventing the transmission of HIV, hepatitis B, and other
blood-borne pathogens in health care settings. As necessary, the
board shall consult with the Medical Board of California, the Board
of Podiatric Medicine, the Board of Registered Nursing, and the Board
of Vocational Nursing and Psychiatric Technicians, to encourage
appropriate consistency in the implementation of this subdivision.
The board shall seek to ensure that licensees and others regulated
by the board are informed of the responsibility of licensees and
others to follow infection control guidelines, and of the most recent
scientifically recognized safeguards for minimizing the risk of
transmission of blood-borne infectious diseases.
(ee) The utilization by a licensed dentist of any person to
perform the functions of a registered dental assistant, registered
dental assistant in extended functions, registered dental hygienist,
or registered dental hygienist in extended functions who, at the time
of initial employment, does not possess a current, valid license to
perform those functions.
(ff) The prescribing, dispensing, or furnishing of dangerous drugs
or devices, as defined in Section 4022, in violation of Section
2242.1.
(gg) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.
SEC. 12. Section 1680 is added to the Business and Professions
Code, to read:
1680. Unprofessional conduct by a person licensed under this
chapter is defined as, but is not limited to, any one of the
following:
(a) The obtaining of any fee by fraud or misrepresentation.
(b) The employment directly or indirectly of any student or
suspended or unlicensed dentist to practice dentistry as defined in
this chapter.
(c) The aiding or abetting of any unlicensed person to practice
dentistry.
(d) The aiding or abetting of a licensed person to practice
dentistry unlawfully.
(e) The committing of any act or acts of sexual abuse, misconduct,
or relations with a patient that are substantially related to the
practice of dentistry.
(f) The use of any false, assumed, or fictitious name, either as
an individual, firm, corporation, or otherwise, or any name other
than the name under which he or she is licensed to practice, in
advertising or in any other manner indicating that he or she is
practicing or will practice dentistry, except that name as is
specified in a valid permit issued pursuant to Section 1701.5.
(g) The practice of accepting or receiving any commission or the
rebating in any form or manner of fees for professional services,
radiograms, prescriptions, or other services or articles supplied to
patients.
(h) The making use by the licensee or any agent of the licensee of
any advertising statements of a character tending to deceive or
mislead the public.
(i) The advertising of either professional superiority or the
advertising of performance of professional services in a superior
manner. This subdivision shall not prohibit advertising permitted by
subdivision (h) of Section 651.
(j) The employing or the making use of solicitors.
(k) The advertising in violation of Section 651.
(l) The advertising to guarantee any dental service, or to perform
any dental operation painlessly. This subdivision shall not prohibit
advertising permitted by Section 651.
(m) The violation of any of the provisions of law regulating the
procurement, dispensing, or administration of dangerous drugs, as
defined in Chapter 9 (commencing with Section 4000), or controlled
substances, as defined in Division 10 (commencing with Section 11000)
of the Health and Safety Code.
(n) The violation of any of the provisions of this division.
(o) The permitting of any person to operate dental radiographic
equipment who has not met the requirements of Section 1656.
(p) The clearly excessive prescribing or administering of drugs or
treatment, or the clearly excessive use of diagnostic procedures, or
the clearly excessive use of diagnostic or treatment facilities, as
determined by the customary practice and standards of the dental
profession.
Any person who violates this subdivision is guilty of a
misdemeanor and shall be punished by a fine of not less than one
hundred dollars ($100) or more than six hundred dollars ($600), or by
imprisonment for a term of not less than 60 days or more than 180
days, or by both a fine and imprisonment.
(q) The use of threats or harassment against any patient or
licensee for providing evidence in any possible or actual
disciplinary action, or other legal action; or the discharge of an
employee primarily based on the employee's attempt to comply with the
provisions of this chapter or to aid in the compliance.
(r) Suspension or revocation of a license issued, or discipline
imposed, by another state or territory on grounds which would be the
basis of discipline in this state.
(s) The alteration of a patient's record with intent to deceive.
(t) Unsanitary or unsafe office conditions, as determined by the
customary practice and standards of the dental profession.
(u) The abandonment of the patient by the licensee, without
written notice to the patient that treatment is to be discontinued
and before the patient has ample opportunity to secure the services
of another dentist or registered dental hygienist and provided the
health of the patient is not jeopardized.
(v) The willful misrepresentation of facts relating to a
disciplinary action to the patients of a disciplined licensee.
(w) Use of fraud in the procurement of any license issued pursuant
to this chapter.
(x) Any action or conduct that would have warranted the denial of
the license.
(y) The aiding or abetting of a licensed dentist, dental
auxiliary, or registered dental hygienist to practice dentistry in a
negligent or incompetent manner.
(z) The failure to report to the board in writing within seven
days any of the following: (1) the death of his or her patient during
the performance of any dental or dental hygiene procedure; (2) the
discovery of the death of a patient whose death is related to a
dental or dental hygiene procedure performed by him or her; or (3)
except for a scheduled hospitalization, the removal to a hospital or
emergency center for medical treatment for a period exceeding 24
hours of any patient to whom oral conscious sedation, conscious
sedation, or general anesthesia was administered, or any patient as a
result of dental or dental hygiene treatment. With the exception of
patients to whom oral conscious sedation, conscious sedation, or
general anesthesia was administered, removal to a hospital or
emergency center that is the normal or expected treatment for the
underlying dental condition is not required to be reported. Upon
receipt of a report pursuant to this subdivision the board may
conduct an inspection of the dental office if the board finds that it
is necessary.
(aa) Participating in or operating any group advertising and
referral services that are in violation of Section 650.2.
(bb) The failure to use a fail-safe machine with an appropriate
exhaust system in the administration of nitrous oxide. The board
shall, by regulation, define what constitutes a fail-safe machine.
(cc) Engaging in the practice of dentistry or dental hygiene with
an expired license.
(dd) Except for good cause, the knowing failure to protect
patients by failing to follow infection control guidelines of the
board, thereby risking transmission of blood-borne infectious
diseases from dentist, dental auxiliary, or registered dental
hygienist to patient, from patient to patient, and from patient to
dentist, dental auxiliary, or registered dental hygienist. In
administering this subdivision, the board shall consider referencing
the standards, regulations, and guidelines of the State Department of
Health Services developed pursuant to Section 1250.11 of the Health
and Safety Code and the standards, guidelines, and regulations
pursuant to the California Occupational Safety and Health Act of 1973
(Part 1 (commencing with Section 6300) of Division 5 of the Labor
Code) for preventing the transmission of HIV, hepatitis B, and other
blood-borne pathogens in health care settings. As necessary, the
board shall consult with the Medical Board of California, the
California Board of Podiatric Medicine, the Board of Registered
Nursing, and the Board of Vocational Nursing and Psychiatric
Technicians, to encourage appropriate consistency in the
implementation of this subdivision.
The board shall seek to ensure that licensees and others regulated
by the board are informed of the responsibility of licensees and
others to follow infection control guidelines, and of the most recent
scientifically recognized safeguards for minimizing the risk of
transmission of blood-borne infectious diseases.
(ee) The utilization by a licensed dentist of any person to
perform the functions of a registered dental assistant, registered
dental assistant in extended functions, registered dental hygienist,
or registered dental hygienist in extended functions who, at the time
of initial employment, does not possess a current, valid license to
perform those functions.
(ff) The prescribing, dispensing, or furnishing of dangerous drugs
or devices, as defined in Section 4022, in violation of Section
2242.1.
(gg) This section shall become operative on January 1, 2008.
SEC. 13. Section 1721 of the Business and Professions Code is
amended to read:
1721. (a) Except as provided in Section 1721.5, all funds
received by the State Treasurer under the authority of this chapter
shall be placed in the State Dentistry Fund. Except as provided in
Section 1721.5, all disbursements by the board made in the
transaction of its business and in the enforcement of this chapter
shall be paid out of the fund upon claims against the state.
(b) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 14. Section 1721 is added to the Business and Professions
Code, to read:
1721. (a) Except as provided in Sections 1721.5 and 1945, all
funds received by the State Treasurer under the authority of this
chapter shall be placed in the State Dentistry Fund. Except as
provided in Sections 1721.5 and 1945, all disbursements by the board
made in the transaction of its business and in the enforcement of
this chapter shall be paid out of the fund upon claims against the
state.
(b) This section shall become operative on January 1, 2008.
SEC. 14.2. Section 1721.5 of the Business and Professions Code is
amended to read:
1721.5. (a) All funds received by the State Treasurer under the
authority of this chapter which relate to dental auxiliaries shall be
placed in the State Dental Auxiliary Fund for the purposes of
administering this chapter as it relates to dental auxiliaries.
(b) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 14.4. Section 1721.5 is added to the Business and Professions
Code, to read:
1721.5. (a) All funds received by the State Treasurer under the
authority of this chapter that relate to registered dental assistants
shall be placed in the State Dental Assistant Fund for the purposes
of administering this chapter as it relates to registered dental
assistants.
(b) This section shall become operative on January 1, 2008.
SEC. 15. 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.
(f) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 16. Section 1741 is added to the Business and Professions
Code, to read:
1741. As used in this article:
(a) "Board" means the Dental Board of California.
(b) "Committee" means the Committee on Dental Assistants.
(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 authorized by this article.
This section shall become operative on January 1, 2008.
SEC. 17. Section 1742 of the Business and Professions Code is
amended to read:
1742. (a) There is within the jurisdiction of the board a
Committee on Dental Auxiliaries.
(b) The Committee on Dental Auxiliaries shall have the following
areas of responsibility and duties:
(1) The committee shall have the following duties and authority
related to education programs and curriculum:
(A) Shall evaluate all dental auxiliary programs applying for
board approval in accordance with board rules governing the programs.
(B) May appoint board members to any evaluation committee. Board
members so appointed shall not make a final decision on the issue of
program or course approval.
(C) Shall report and make recommendations to the board as to
whether a program or course qualifies for approval. The board
retains the final authority to grant or deny approval to a program or
course.
(D) Shall review and document any alleged deficiencies that might
warrant board action to withdraw or revoke approval of a program or
course, at the request of the board.
(E) May review and document any alleged deficiencies that might
warrant board action to withdraw or revoke approval of a program or
course, at its own initiation.
(2) The committee shall have the following duties and authority
related to applications:
(A) Shall review and evaluate all applications for licensure in
the various dental auxiliary categories to ascertain whether a
candidate meets the appropriate licensing requirements specified by
statute and board regulations.
(B) Shall maintain application records, cashier application fees,
and perform any other ministerial tasks as are incidental to the
application process.
(C) May delegate any or all of the functions in this paragraph to
its staff.
(D) Shall issue auxiliary licenses in all cases, except where
there is a question as to a licensing requirement. The board retains
final authority to interpret any licensing requirement. If a
question arises in the area of interpreting any licensing
requirement, it shall be presented by the committee to the board for
resolution.
(3) The committee shall have the following duties and authority
regarding examinations:
(A) Shall advise the board as to the type of license examination
it deems appropriate for the various dental auxiliary license
categories.
(B) Shall, at the direction of the board, develop or cause to be
developed, administer, or both, examinations in accordance with the
board's instructions and periodically report to the board on the
progress of those examinations. The following shall apply to the
examination procedure:
(i) The examination shall be submitted to the board for its
approval prior to its initial administration.
(ii) Once an examination has been approved by the board, no
further approval is required unless a major modification is made to
the examination.
(iii) The committee shall report to the board on the results of
each examination and shall, where appropriate, recommend pass points.
(iv) The board shall set pass points for all dental auxiliary
licensing examinations.
(C) May appoint board members to any examination committee
established pursuant to subparagraph (B).
(4) The committee shall periodically report and make
recommendations to the board concerning the level of fees for dental
auxiliaries and the need for any legislative fee increase. However,
the board retains final authority to set all fees.
(5) The committee shall be responsible for all aspects of the
license renewal process, which shall be accomplished in accordance
with this chapter and board regulations. The committee may delegate
any or all of its functions under this paragraph to its staff.
(6) The committee shall have no authority with respect to the
approval of continuing education providers and the board retains all
of this authority.
(7) The committee shall advise the board as to appropriate
standards of conduct for auxiliaries, the proper ordering of
enforcement priorities, and any other enforcement-related matters
that the board may, in the future, delegate to the committee. The
board shall retain all authority with respect to the enforcement
actions, including, but not limited to, complaint resolution,
investigation, and disciplinary action against auxiliaries.
(8) The committee shall have the following duties regarding
regulations:
(A) To review and evaluate all suggestions or requests for
regulatory changes related to dental auxiliaries.
(B) To report and make recommendations to the board, after
consultation with departmental legal counsel and the board's
executive officer.
(C) To include in any report regarding a proposed regulatory
change, at a minimum, the specific language of the proposed changes
and the reasons for and facts supporting the need for the change. The
board has the final rulemaking authority.
(c) This section shall become inoperative on July 1, 2009, and, as
of January 1, 2010, is repealed, unless a later enacted statute
which becomes effective on or before January 1, 2010, deletes or
extends the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the committee subject to the
review required by Division 1.2 (commencing with Section 473).
SEC. 17.5. Section 1742 of the Business and Professions Code is
amended to read:
1742. (a) There is within the jurisdiction of the board a
Committee on Dental Auxiliaries.
(b) The Committee on Dental Auxiliaries shall have the following
areas of responsibility and duties:
(1) The committee shall have the following duties and authority
related to education programs and curriculum:
(A) Shall evaluate all dental auxiliary programs applying for
board approval in accordance with board rules governing the programs.
(B) May appoint board members to any evaluation committee. Board
members so appointed shall not make a final decision on the issue of
program or course approval.
(C) Shall report and make recommendations to the board as to
whether a program or course qualifies for approval. The board
retains the final authority to grant or deny approval to a program or
course.
(D) Shall review and document any alleged deficiencies that might
warrant board action to withdraw or revoke approval of a program or
course, at the request of the board.
(E) May review and document any alleged deficiencies that might
warrant board action to withdraw or revoke approval of a program or
course, at its own initiation.
(2) The committee shall have the following duties and authority
related to applications:
(A) Shall review and evaluate all applications for licensure in
the various dental auxiliary categories to ascertain whether a
candidate meets the appropriate licensing requirements specified by
statute and board regulations.
(B) Shall maintain application records, cashier application fees,
and perform any other ministerial tasks as are incidental to the
application process.
(C) May delegate any or all of the functions in this paragraph to
its staff.
(D) Shall issue auxiliary licenses in all cases, except where
there is a question as to a licensing requirement. The board retains
final authority to interpret any licensing requirement. If a
question arises in the area of interpreting any licensing
requirement, it shall be presented by the committee to the board for
resolution.
(3) The committee shall have the following duties and authority
regarding examinations:
(A) Shall advise the board as to the type of license examination
it deems appropriate for the various dental auxiliary license
categories.
(B) Shall, at the direction of the board, develop or cause to be
developed, administer, or both, examinations in accordance with the
board's instructions and periodically report to the board on the
progress of those examinations. The following shall apply to the
examination procedure:
(i) The examination shall be submitted to the board for its
approval prior to its initial administration.
(ii) Once an examination has been approved by the board, no
further approval is required unless a major modification is made to
the examination.
(iii) The committee shall report to the board on the results of
each examination and shall, where appropriate, recommend pass points.
(iv) The board shall set pass points for all dental auxiliary
licensing examinations.
(C) May appoint board members to any examination committee
established pursuant to subparagraph (B).
(4) The committee shall periodically report and make
recommendations to the board concerning the level of fees for dental
auxiliaries and the need for any legislative fee increase. However,
the board retains final authority to set all fees.
(5) The committee shall be responsible for all aspects of the
license renewal process, which shall be accomplished in accordance
with this chapter and board regulations. The committee may delegate
any or all of its functions under this paragraph to its staff.
(6) The committee shall have no authority with respect to the
approval of continuing education providers; the board retains all of
this authority.
(7) The committee shall advise the board as to appropriate
standards of conduct for auxiliaries, the proper ordering of
enforcement priorities, and any other enforcement-related matters
that the board may, in the future, delegate to the committee. The
board shall retain all authority with respect to the enforcement
actions, including, but not limited to, complaint resolution,
investigation, and disciplinary action against auxiliaries.
(8) The committee shall have the following duties regarding
regulations:
(A) To review and evaluate all suggestions or requests for
regulatory changes related to dental auxiliaries.
(B) To report and make recommendations to the board, after
consultation with departmental legal counsel and the board's
executive officer.
(C) To include in any report regarding a proposed regulatory
change, at a minimum, the specific language of the proposed changes,
and the reasons for and the facts supporting the need for the change.
The board has the final rulemaking authority.
(c) This section shall become inoperative on July 1, 2008, and, as
of January 1, 2009, is repealed, unless a later enacted statute
which becomes effective on or before January 1, 2009, deletes or
extends the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the committee subject to the
review required by Division 1.2 (commencing with Section 473).
SEC. 18. Section 1742.1 of the Business and Professions
Code is amended to read:
1742.1. (a) Protection of the public shall be the highest
priority for the Committee on Dental Auxiliaries in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
(b) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 19. Section 1742.1 is added to the Business and Professions
Code, to read:
1742.1. Protection of the public shall be the highest priority
for the Committee on Dental Assistants in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
This section shall become operative January 1, 2008.
SEC. 20. Section 1743 of the Business and Professions Code is
amended to read:
1743. The committee shall consist of the following nine members:
(a) One member who is a public member of the board, one member who
is a licensed dentist and who has been appointed by the board as an
examiner pursuant to Section 1621, one member who is a licensed
dentist who is neither a board member nor appointed by the board as
an examiner pursuant to Section 1621, three members who are licensed
as registered dental hygienists, at least one of whom is actively
employed in a private dental office, and three members who are
licensed as registered dental assistants. If available, an individual
licensed as a registered dental hygienist in extended functions
shall be appointed in place of one of the members licensed as a
registered dental hygienist. If available, an individual licensed as
a registered dental assistant in extended functions shall be
appointed in place of one of the members licensed as a registered
dental assistant.
(b) The public member of the board shall not have been licensed
under Chapter 4 (commencing with Section 1600) of the Business and
Professions Code within five years of the appointment date and shall
not have any current financial interest in a dental-related business.
(c) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 21. Section 1743 is added to the Business and Professions
Code, to read:
1743. The committee shall consist of the following nine members:
(a) One member who is a public member of the board, one member who
is a licensed dentist and who has been appointed by the board as an
examiner pursuant to Section 1621, one member who is a licensed
dentist who is neither a board member nor appointed by the board as
an examiner pursuant to Section 1621, and three members who are
licensed as registered dental assistants. If available, an individual
licensed as a registered dental assistant in extended functions
shall be appointed in place of one of the members licensed as a
registered dental assistant.
(b) The public member of the board shall not have been licensed
under this chapter within five years of the appointment date and
shall not have any current financial interest in a dental-related
business.
This section shall become operative on January 1, 2008.
SEC. 22. Section 1744 of the Business and Professions Code is
amended to read:
1744. (a) The members of the committee shall be appointed by the
Governor. The terms of the member who is a board member and the
member who has been appointed by the board as an examiner pursuant to
Section 1621 shall expire December 31, 1976. The terms of the member
who is a licensed dentist and one member who is a dental assistant
and one member who is licensed as a registered dental hygienist shall
expire on December 31, 1977. The terms of all other members shall
expire on December 31, 1978. Thereafter, appointments shall be for a
term of four years.
(b) No member shall serve as a member of the committee for more
than two consecutive terms. Vacancies shall be filled by appointment
for the unexpired terms. The committee shall annually elect one of
its members as chairperson.
(c) The Governor shall have the power to remove any member of the
committee from office for neglect of any duty required by law or for
incompetence or unprofessional or dishonorable conduct.
(d) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 23. Section 1744 is added to the Business and Professions
Code, to read:
1744. (a) The members of the committee shall be appointed by the
Governor. Appointments shall be for a term of four years.
(b) No member shall serve as a member of the committee for more
than two consecutive terms. Vacancies shall be filled by appointment
for the unexpired terms. The committee shall annually elect one of
its members as chairperson.
(c) The Governor shall have the power to remove any member of the
committee from office for neglect of any duty required by law,
incompetence, or unprofessional or dishonorable conduct.
(d) This section shall become operative on January 1, 2008.
SEC. 24. Section 1760 of the Business and Professions Code is
amended to read:
1760. The following functions may be performed by a registered
dental hygienist in addition to those authorized pursuant to Sections
1760.5, 1761, 1762, 1763, and 1764:
(a) All functions that may be performed by a dental assistant or a
registered dental assistant.
(b) All persons holding a license as a registered dental hygienist
on January 1, 2003, or issued a license on or before December 31,
2005, are authorized to perform the duties of a registered dental
assistant specified in Section 1754. All persons issued a license as
a registered dental hygienist on and after January 1, 2006, shall
qualify for and receive a registered dental assistant license prior
to performance of the duties specified in Section 1754.
(c) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 25. Section 1760.5 of the Business and Professions Code is
amended to read:
1760.5. (a) The practice of dental hygiene includes dental
hygiene assessment, development, planning, and implementation of a
dental hygiene care plan. It also includes oral health education,
counseling, and health screenings.
(b) The practice of dental hygiene does not include any of the
following procedures:
(1) Diagnosis and comprehensive treatment planning.
(2) Placing, condensing, carving, or removal of permanent
restorations.
(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) Administering 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, or local anesthesia pursuant to Section
1761.
(c) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 26. Section 1761 of the Business and Professions Code is
amended to read:
1761. A dental hygienist is authorized to perform the following
procedures under direct supervision, after submitting to the board
evidence of satisfactory completion of a board-approved course of
instruction in the procedures:
(a) Soft-tissue curettage.
(b) Administration of local anesthesia.
(c) Administration of nitrous oxide and oxygen, whether
administered alone or in combination with each other.
(d) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 27. Section 1762 of the Business and Professions Code is
amended to read:
1762. A dental hygienist is authorized to perform the following
procedures under general supervision:
(a) Preventive and therapeutic interventions, including oral
prophylaxis, scaling, and root planing.
(b) Application of topical, therapeutic, and subgingival agents
used for the control of caries and periodontal disease.
(c) The taking of impressions for bleaching trays and application
and activation of agents with nonlaser, light-curing devices.
(d) The taking of impressions for bleaching trays and placements
of in-office, tooth-whitening devices.
(e) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 28. Section 1763 of the Business and Professions Code is
amended to read:
1763. (a) A dental hygienist may provide, without supervision,
educational services, oral health training programs, and oral health
screenings.
(b) A dental hygienist shall refer any screened patients with
possible oral abnormalities to a dentist for a comprehensive
examination, diagnosis, and treatment plan.
(c) In any public health program created by federal, state, or
local law or administered by a federal, state, county, or local
governmental entity, a dental hygienist may provide, without
supervision, dental hygiene preventive services in addition to oral
screenings, including, but not limited to, the application of
fluorides and pit and fissure sealants.
(d) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 29. Section 1764 of the Business and Professions Code is
amended to read:
1764. (a) Any procedure performed or service provided by a dental
hygienist that does not specifically require direct supervision
shall require general supervision, so long as it does not give rise
to a situation in the dentist's office requiring immediate services
for alleviation of severe pain, or immediate diagnosis and treatment
of unforeseeable dental conditions, which, if not immediately
diagnosed and treated, would lead to serious disability or death.
(b) Unless otherwise specified in this chapter, a dental hygienist
may perform any procedure or provide any service within the scope of
his or her practice in any setting, so long as the procedure is
performed or the service is provided under the appropriate level of
supervision required by this article.
(c) A dental hygienist may use any material or device approved for
use in the performance of a service or procedure within his or her
scope of practice under the appropriate level of supervision, if the
dental hygienist has the appropriate education and training required
to use the material or device.
(d) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 30. Section 1765 of the Business and Professions Code is
amended to read:
1765. No person other than a licensed dental hygienist or a
licensed dentist may engage in the practice of dental hygiene or
perform dental hygiene procedures on patients, including, but not
limited to, supragingival and subgingival scaling, dental hygiene
assessment, and treatment planning, except for the following persons:
(a) A student enrolled in a dental or a dental hygiene school who
is performing procedures as part of the regular curriculum of that
program under the supervision of the faculty of that program.
(b) A dental assistant acting in accordance with the rules of the
board in performing the following procedures:
(1) Applying nonaerosol and noncaustic topical agents.
(2) Applying topical fluoride.
(3) Taking impression for bleaching trays.
(c) A registered dental assistant acting in accordance with the
rules of the board in performing the following procedures:
(1) Polishing the coronal surfaces of teeth.
(2) Applying bleaching agents.
(3) Activating bleaching agents with a nonlaser light-curing
device.
(d) A registered dental assistant in extended functions acting in
accordance with the rules of the board in applying pit and fissure
sealants.
(e) A registered dental hygienist licensed in another jurisdiction
performing a clinical demonstration for educational purposes.
(f) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 31. Section 1766 of the Business and Professions Code is
amended to read:
1766. (a) The board shall license as a registered dental
hygienist a person who satisfies all of the following requirements:
(1) Completion of an educational program for registered dental
hygienists, approved by the board, and accredited by the Commission
on Dental Accreditation, and conducted by a degree-granting,
postsecondary institution.
(2) Satisfactory performance on an examination required by the
board.
(3) Satisfactory completion of a national written dental hygiene
examination approved by the board.
(b) The board may grant a license as a registered dental hygienist
to an applicant who has not taken an examination before the board,
if the applicant submits all of the following to the board:
(1) A completed application form and all fees required by the
board.
(2) Proof of a current license as a registered dental hygienist
issued by another state that is not revoked, suspended, or otherwise
restricted.
(3) Proof that the applicant has been in clinical practice as a
registered dental hygienist or has been a full-time faculty member in
an accredited dental hygiene education program for a minimum of 750
hours per year for at least five years preceding the date of his or
her application under this section. The clinical practice requirement
shall be deemed met if the applicant provides proof of at least
three years of clinical practice and commits to completing the
remaining two years of clinical practice by filing with the board a
copy of a pending contract to practice dental hygiene in any of the
following facilities:
(A) A primary care clinic licensed under subdivision (a) of
Section 1204 of the Health and Safety Code.
(B) A primary care clinic exempt from licensure pursuant to
subdivision (c) of Section 1206 of the Health and Safety Code.
(C) A clinic owned or operated by a public hospital or health
system.
(D) A clinic owned and operated by a hospital that maintains the
primary contract with a county government to fill the county's role
under Section 17000 of the Welfare and Institutions Code.
(4) Proof that the applicant has not been subject to disciplinary
action by any state in which he or she is or has been previously
licensed as a registered dental hygienist or dentist. If the
applicant has been subject to disciplinary action, the board shall
review that action to determine if it warrants refusal to issue a
license to the applicant.
(5) Proof of graduation from a school of dental hygiene accredited
by the Commission on Dental Accreditation.
(6) Proof of satisfactory completion of the Dental Hygiene
National Board Examination and of a state or regional clinical
licensure examination.
(7) Proof that the applicant has not failed the examination for
licensure to practice dental hygiene under this chapter more than
once or once within five years prior to the date of his or her
application for a license under this section.
(8) Documentation of completion of a minimum of 25 units of
continuing education earned in the two years preceding application,
including completion of any continuing education requirements imposed
by the board on registered dental hygienists licensed in this state
at the time of application.
(9) Any other information as specified by the board to the extent
that it is required of applicants for licensure by examination under
this article.
(c) The board may periodically request verification of compliance
with the requirements of paragraph (3) of subdivision (b), and may
revoke the license upon a finding that the employment requirement or
any other requirement of paragraph (3) has not been met.
(d) The board shall provide in the application packet to each
out-of-state dental hygienist pursuant to this section the following
information:
(1) The location of dental manpower shortage areas in the state.
(2) Any not-for-profit clinics, public hospitals, and accredited
dental hygiene education programs seeking to contract with licensees
for dental hygiene service delivery or training purposes.
(e) The board shall review the impact of this section on the
availability of actively practicing dental hygienists in California
and report to the appropriate policy and fiscal committees of the
Legislature by January 1, 2006. The report shall include a separate
section providing data specific to dental hygienists who intend to
fulfill the alternative clinical practice requirements of subdivision
(b). The report shall include, but not be limited to, the following:
(1) The number of applicants from other states who have sought
licensure.
(2) The number of dental hygienists from other states licensed
pursuant to this section, the number of licenses not granted under
this section, and the reason why the license was not granted.
(3) The practice location of dental hygienists licensed pursuant
to this section.
(4) The number of dental hygienists licensed pursuant to this
section who establish a practice in a rural area or in an area
designated as having a shortage of practicing dental hygienists or no
dental hygienists or in a safety net facility identified in
paragraph (3) of subdivision (b).
(5) The length of time dental hygienists licensed pursuant to this
section practiced in the reported location.
(f) In identifying a dental hygienist's location of practice, the
board shall use medical service study areas or other appropriate
geographic descriptions for regions of the state.
(g) (1) The board shall license as a registered dental hygienist a
third- or fourth-year dental student who is in good standing at an
accredited California dental school and who satisfies the following
requirements:
(A) Satisfactorily performs on an examination required by the
board.
(B) Satisfactorily completes a national written dental hygiene
examination approved by the board.
(2) A dental student who is granted a registered dental hygienist
license pursuant to this subdivision may only practice in a dental
practice that serves patients who are insured under Denti-Cal, the
Healthy Families Program, or other government programs, or a dental
practice that has a sliding scale fee system based on income.
(3) Upon receipt of a license to practice dentistry pursuant to
Section 1634, a registered dental hygiene license issued pursuant to
this subdivision is automatically revoked.
(4) The dental hygiene license is granted for two years upon
passage of the dental hygiene examination, without the ability for
renewal.
(5) Notwithstanding paragraph (4), if a dental student fails to
remain in good standing at an accredited California dental school, or
fails to graduate from the dental program, a registered dental
hygiene license issued pursuant to this subdivision shall be revoked.
The student shall be responsible for submitting appropriate
verifying documentation to the board.
(6) The provisions of paragraphs (1) and (2) shall be reviewed
pursuant to Division 1.2 (commencing with Section 473). However, the
review shall be limited to the fiscal feasibility and impact on the
board.
(h) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 32. Section 1768 of the Business and Professions Code is
amended to read:
1768. The board shall license as a registered dental hygienist in
extended functions a person who meets all of the following
requirements:
(a) Holds a valid license issued pursuant to Section 1766 as a
registered dental hygienist.
(b) Completes clinical training approved by the board in a
facility affiliated with a dental school under the direct supervision
of the dental school faculty.
(c) Performs satisfactorily on an examination required by the
board.
This section shall remain in effect only until January 1, 2008, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2008, deletes or extends that date.
SEC. 33. Section 1769 of the Business and Professions Code is
amended to read:
1769. (a) The board, in consultation with the committee, shall
adopt regulations necessary to define the functions that may be
performed by registered dental hygienists in extended functions,
whether the functions require direct or general supervision, and the
settings within which registered dental hygienists in extended
functions may work.
(b) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 34. Section 1770 of the Business and Professions Code, as
amended by Section 22 of Chapter 621 of the Statutes of 2005, 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 who are 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. 35. Section 1770 of the Business and Professions Code, as
amended by Section 23 of Chapter 621 of the Statutes of 2005, 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 or registered dental hygienists in extended functions
licensed pursuant to Sections 1753 and 1918.
(b) This section shall become operative on January 1, 2008.
SEC. 36. Section 1771 of the Business and Professions Code is
amended to read:
1771. (a) Any person, other than a person who has been issued a
license by the board, who holds himself or herself out as a
registered dental assistant, registered dental assistant in extended
functions, registered dental hygienist, registered dental hygienist
in extended functions, or registered dental hygienist in alternative
practice, or uses any other term indicating or implying he or she is
licensed by the board in the aforementioned categories, is guilty of
a misdemeanor.
(b) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 37. Section 1771 is added to the Business and Professions
Code, to read:
1771. (a) Any person, other than a person who has been issued a
license by the board, who holds himself or herself out as a
registered dental assistant or registered dental assistant in
extended functions, or uses any other term indicating or implying he
or she is licensed by the board in the aforementioned categories, is
guilty of a misdemeanor.
(b) This section shall become operative on January 1, 2008.
SEC. 38. Section 1772 of the Business and Professions Code is
amended to read:
1772. (a) The board shall seek to obtain an injunction against
any dental hygienist who provides services in alternative practice
pursuant to Sections 1774 and 1775 if the board has reasonable cause
to believe that the services are being provided to a patient who has
not received a prescription for those services from a dentist or
physician and surgeon licensed to practice in this state.
(b) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 39. Section 1774 of the Business and Professions Code is
amended to read:
1774. (a) The board shall license as a registered dental
hygienist in alternative practice a person who demonstrates
satisfactory performance on an examination required by the board and,
subject to Sections 1760 and 1766, who meets either of the following
requirements:
(1) Holds a current California license as a dental hygienist and
meets the following requirements:
(A) Has been engaged in clinical practice as a dental hygienist
for a minimum of 2,000 hours during the immediately preceding 36
months.
(B) Has successfully completed a bachelor's degree or its
equivalent from a college or institution of higher education that is
accredited by a national agency recognized by the Council on
Postsecondary Accreditation or the United States Department of
Education, and a minimum of 150 hours of additional educational
requirements, as prescribed by the board by regulation, that are
consistent with good dental and dental hygiene practice, including,
but not necessarily limited to, dental hygiene technique and theory
including gerontology and medical emergencies, and business
administration and practice management.
(2) Has received a letter of acceptance into the employment
utilization phase of the Health Manpower Pilot Project No. 155
established by the Office of Statewide Health Planning and
Development pursuant to Article 1 (commencing with Section 128125) of
Chapter 3 of Part 3 of Division 107 of the Health and Safety Code.
(b) Subject to
the provisions of subdivisions (b) and (h) of Section 1775, the
board, in consultation with the committee, shall adopt regulations in
accordance with Section 1748 necessary to implement this section.
(c) The Director of Consumer Affairs shall review the regulations
adopted by the board in accordance with Section 313.1.
(d) A person licensed as a registered dental hygienist who has
completed the prescribed classes through the Health Manpower Pilot
Project (HMPP) and who has established an independent practice under
the HMPP by June 30, 1997, shall be deemed to have satisfied the
licensing requirements under Section 1774, and shall be authorized to
continue to operate the practice he or she presently operates, so
long as he or she follows the requirements for prescription and
functions as specified in this section and Section 1775, with the
exception of subdivision (e) of Section 1775, and as long as he or
she continues to personally practice and operate the practice or
until he or she sells the practice to a licensed dentist.
(e) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 40. Section 1775 of the Business and Professions Code is
amended to read:
1775. (a) A registered dental hygienist in alternative practice
may perform those preventive and therapeutic functions described in
subdivision (a) of Section 1760, subdivision (a) of Section 1760.5,
and subdivisions (a) and (b) of Section 1762 as an employee of a
dentist or of another registered dental hygienist in alternative
practice, or as an independent contractor, or as a sole proprietor of
an alternative dental hygiene practice, or as an employee of a
primary care clinic or specialty clinic that is licensed pursuant to
Section 1204 of the Health and Safety Code or as an employee of a
primary care clinic exempt from licensure pursuant to subdivision (c)
of Section 1206 of the Health and Safety Code, or as an employee of
a clinic owned or operated by a public hospital or health system, or
as an employee of a clinic owned and operated by a hospital that
maintains the primary contract with a county government to fill the
county's role under Section 17000 of the Welfare and Institutions
Code.
(b) A registered dental hygienist in alternative practice may
perform the dental hygiene services specified in subdivision (a) in
the following settings:
(1) Residences of the homebound.
(2) Schools.
(3) Residential facilities and other institutions.
(4) Dental health professional shortage areas, as certified by the
Office of Statewide Health Planning and Development in accordance
with existing office guidelines.
(c) A registered dental hygienist in alternative practice shall
not do any of the following:
(1) Infer, purport, advertise, or imply that he or she is in any
way able to provide dental services or make any type of dental health
diagnosis beyond those services specified in subdivision (a).
(2) Hire a registered dental hygienist to provide direct patient
services other than a registered dental hygienist in alternative
practice.
(d) A registered dental hygienist in alternative practice may
submit or allow to be submitted any insurance or third-party claims
for patient services performed as authorized pursuant to this
article.
(e) A registered dental hygienist in alternative practice may hire
other registered dental hygienists in alternative practice to assist
in his or her practice.
(f) A registered dental hygienist in alternative practice may hire
and supervise dental assistants performing functions specified in
subdivision (b) of Section 1751.
(g) A registered dental hygienist in alternative practice shall
provide to the board documentation of an existing relationship with
at least one dentist for referral, consultation, and emergency
services.
(h) A registered dental hygienist in alternative practice may
perform dental hygiene services for a patient who presents to the
registered hygienist in alternative practice a written prescription
for dental hygiene services issued by a dentist or physician and
surgeon licensed to practice in this state who has performed a
physical examination and a diagnosis of the patient prior to the
prescription being provided. The prescription shall be valid for a
time period based on the dentist's or physician and surgeon's
professional judgment, but not to exceed 15 months from the date that
it was issued.
(i) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 41. Section 1900.5 is added to the Business and Professions
Code, to read:
1900.5. This article shall become operative on January 1, 2008.
SEC. 42. Section 2460 of the Business and Professions Code is
amended to read:
2460. There is created within the jurisdiction of the Medical
Board of California and its divisions the California Board of
Podiatric Medicine. This section shall become inoperative on July 1,
2010, and, as of January 1, 2011, is repealed, unless a later enacted
statute, which becomes effective on or before January 1, 2011,
deletes or extends the dates on which it becomes inoperative and is
repealed. The repeal of this section renders the California Board of
Podiatric Medicine subject to the review required by Division 1.2
(commencing with Section 473).
SEC. 43. Section 2570.4 of the Business and Professions Code is
amended to read:
2570.4. Nothing in this chapter shall be construed as preventing
or restricting the practice, services, or activities of any of the
following persons:
(a) Any person licensed, certified, or otherwise recognized in
this state by any other law or regulation when that person is engaged
in the profession or occupation for which he or she is licensed,
certified, or otherwise recognized.
(b) Any person pursuing a supervised course of study leading to a
degree or certificate in occupational therapy at an accredited
educational program, if the person is designated by a title that
clearly indicates his or her status as a student or trainee.
(c) Any person fulfilling the supervised fieldwork experience
requirements of subdivision (c) of Section 2570.6, if the experience
constitutes a part of the experience necessary to meet the
requirement of that provision.
(d) Any person performing occupational therapy services in the
state if all of the following apply:
(1) An application for licensure as an occupational therapist or
certification as an occupational therapy assistant has been filed
with the board pursuant to Section 2570.6 and an application for a
license or certificate in this state has not been previously denied.
(2) The person possesses a current, active, and nonrestricted
license to practice occupational therapy under the laws of another
state that the board determines has licensure requirements at least
as stringent as the requirements of this chapter.
(3) Occupational therapy services are performed in association
with an occupational therapist licensed under this chapter, and for
no more than 60 days from the date on which the application for
licensure or certification was filed with the board.
(e) Any person employed as an aide subject to the supervision
requirements of this section.
SEC. 44. Section 2570.19 of the Business and Professions Code is
amended to read:
2570.19. (a) There is hereby created a California Board of
Occupational Therapy, hereafter referred to as the board. The board
shall enforce and administer this chapter.
(b) The members of the board shall consist of the following:
(1) Three occupational therapists who shall have practiced
occupational therapy for five years.
(2) One occupational therapy assistant who shall have assisted in
the practice of occupational therapy for five years.
(3) Three public members who shall not be licentiates of the board
or of any board referred to in Section 1000 or 3600.
(c) The Governor shall appoint the three occupational therapists
and one occupational therapy assistant to be members of the board.
The Governor, the Senate Rules Committee, and the Speaker of the
Assembly shall each appoint a public member. Not more than one member
of the board shall be appointed from the full-time faculty of any
university, college, or other educational institution.
(d) All members shall be residents of California at the time of
their appointment. The occupational therapist and occupational
therapy assistant members shall have been engaged in rendering
occupational therapy services to the public, teaching, or research in
occupational therapy for at least five years preceding their
appointments.
(e) The public members may not be or have ever been occupational
therapists or occupational therapy assistants or in training to
become occupational therapists or occupational therapy assistants.
The public members may not be related to, or have a household member
who is, an occupational therapist or an occupational therapy
assistant, and may not have had, within two years of the appointment,
a substantial financial interest in a person regulated by the board.
(f) The Governor shall appoint two board members for a term of one
year, two board members for a term of two years, and one board
member for a term of three years. Appointments made thereafter shall
be for four-year terms, but no person shall be appointed to serve
more than two consecutive terms. Terms shall begin on the first day
of the calendar year and end on the last day of the calendar year or
until successors are appointed, except for the first appointed
members who shall serve through the last calendar day of the year in
which they are appointed, before commencing the terms prescribed by
this section. Vacancies shall be filled by appointment for the
unexpired term. The board shall annually elect one of its members as
president.
(g) The board shall meet and hold at least one regular meeting
annually in the Cities of Sacramento, Los Angeles, and San Francisco.
The board may convene from time to time until its business is
concluded. Special meetings of the board may be held at any time and
place designated by the board.
(h) Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
(i) Members of the board shall receive no compensation for their
services, but shall be entitled to reasonable travel and other
expenses incurred in the execution of their powers and duties in
accordance with Section 103.
(j) The appointing power shall have the power to remove any member
of the board from office for neglect of any duty imposed by state
law, for incompetency, or for unprofessional or dishonorable conduct.
(k) A loan is hereby authorized from the General Fund to the
Occupational Therapy Fund on or after July 1, 2000, in an amount of
up to one million dollars ($1,000,000) to fund operating, personnel,
and other startup costs of the board. Six hundred ten thousand
dollars ($610,000) of this loan amount is hereby appropriated to the
board to use in the 2000-01 fiscal year for the purposes described in
this subdivision. In subsequent years, funds from the Occupational
Therapy Fund shall be available to the board upon appropriation by
the Legislature in the annual Budget Act. The loan shall be repaid to
the General Fund over a period of up to five years, and the amount
paid shall also include interest at the rate accruing to moneys in
the Pooled Money Investment Account. The loan amount and repayment
period shall be minimized to the extent possible based upon actual
board financing requirements as determined by the Department of
Finance.
(l) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute that
is enacted before January 1, 2014, deletes or extends the dates on
which it becomes inoperative and is repealed. The repeal of this
section renders the board subject to the review required by Division
1.2 (commencing with Section 473).
SEC. 45. Section 2602 of the Business and Professions Code is
amended to read:
2602. The Physical Therapy Board of California, hereafter
referred to as the board, shall enforce and administer this chapter.
This section shall become inoperative on July 1, 2013, and, as of
January 1, 2014, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2014, deletes or extends
the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
SEC. 46. Section 2660.5 is added to the Business and Professions
Code, to read:
2660.5. The board shall deny a physical therapist license or
physical therapist assistant approval to an applicant who is required
to register pursuant to Section 290 of the Penal Code. This section
does not apply to an applicant who is required to register as a sex
offender pursuant to Section 290 of the Penal Code solely because of
a misdemeanor conviction under Section 314 of the Penal Code.
SEC. 47. Section 2668 of the Business and Professions Code is
amended to read:
2668. (a) A fee to cover the actual cost of administering the
program shall be charged for participation in the program. If the
board contracts with any other entity to carry out this article, at
the discretion of the board, the fee may be collected and retained by
that entity.
(b) If the board contracts with any other entity to carry out this
section, the executive officer of the board, or his or her designee,
shall review the activities and performance of the contractor on a
biennial basis. As part of this review, the board shall review files
of participants in the program. However, the names of participants
who entered the program voluntarily shall remain confidential, except
when the review reveals misdiagnosis, case mismanagement, or
noncompliance by the participant.
(c) Subdivision (a) shall apply to all new participants entering
into the board's diversion program on or after January 1, 2007.
Subdivision (a) shall apply on and after January 1, 2008, to
participants currently enrolled as of December 31, 2007.
SEC. 48. Section 2701 of the Business and Professions Code is
amended to read:
2701. There is in the Department of Consumer Affairs the Board of
Registered Nursing consisting of nine members.
Within the meaning of this chapter, board, or the board, refers to
the Board of Registered Nursing. Any reference in state law to the
Board of Nurse Examiners of the State of California or California
Board of Nursing Education and Nurse Registration shall be construed
to refer to the Board of Registered Nursing.
This section shall become inoperative on July 1, 2010, and, as of
January 1, 2011, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2011, deletes or extends
the dates on which it becomes inoperative and is repealed. The repeal
of this section renders the board subject to the review required by
Division 1.2 (commencing with Section 473).
SEC. 49. Section 2708 of the Business and Professions Code is
amended to read:
2708. The board shall appoint an executive officer who shall
perform the duties delegated by the board and who shall be
responsible to it for the accomplishment of those duties.
The executive officer shall be a nurse currently licensed under
this chapter and shall possess other qualifications as determined by
the board.
The executive officer shall not be a member of the board.
This section shall become inoperative on July 1, 2010, and, as of
January 1, 2011, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2011, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 50. Section 2920 of the Business and Professions Code is
amended to read:
2920. The Board of Psychology shall enforce and administer this
chapter. The board shall consist of nine members, four of whom shall
be public members.
This section shall become inoperative on July 1, 2009, and, as of
January 1, 2010, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2010, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 51. Section 2933 of the Business and Professions Code is
amended to read:
2933. Except as provided by Section 159.5, the board shall employ
and shall make available to the board within the limits of the funds
received by the board all personnel necessary to carry out this
chapter. The board may employ, exempt from the State Civil Service
Act, an executive officer to the Board of Psychology. The board shall
make all expenditures to carry out this chapter. The board may
accept contributions to effectuate the purposes of this chapter.
This section shall become inoperative on July 1, 2009, and, as of
January 1, 2010, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2010, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 52. Section 3010.5 of the Business and Professions Code is
amended to read:
3010.5. (a) There is in the Department of Consumer Affairs a
State Board of Optometry in which the enforcement of this chapter is
vested. The board consists of 11 members, five of whom shall be
public members.
Six members of the board shall constitute a quorum.
(b) The board shall, with respect to conducting investigations,
inquiries, and disciplinary actions and proceedings, have the
authority previously vested in the board as created pursuant to
Section 3010. The board may enforce any disciplinary actions
undertaken by that board.
(c) This section shall remain in effect only until July 1, 2010,
and, as of January 1, 2011, is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 53. Section 3014.6 of the Business and Professions Code is
amended to read:
3014.6. (a) The board may appoint a person exempt from civil
service who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board
and vested in him or her by this chapter.
(b) This section shall become inoperative on July 1, 2010, and, as
of January 1, 2011, is repealed, unless a later enacted statute,
that is enacted before January 1, 2011, deletes or extends the dates
on which it becomes inoperative and is repealed.
SEC. 54. Section 3504 of the Business and Professions Code is
amended to read:
3504. There is established a Physician Assistant Committee of the
Medical Board of California. The committee consists of nine members.
This section shall become inoperative on July 1, 2011, and, as of
January 1, 2012, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2012, deletes or extends
the dates on which it becomes inoperative and is repealed. The repeal
of this section renders the committee subject to the review required
by Division 1.2 (commencing with Section 473).
SEC. 55. Section 3512 of the Business and Professions Code is
amended to read:
3512. (a) Except as provided in Sections 159.5 and 2020, the
committee shall employ within the limits of the Physician Assistant
Fund all personnel necessary to carry out the provisions of this
chapter including an executive officer who shall be exempt from civil
service. The board and committee shall make all necessary
expenditures to carry out the provisions of this chapter from the
funds established by Section 3520. The committee may accept
contributions to effect the purposes of this chapter.
(b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 56. Section 3516.1 of the Business and Professions Code is
amended to read:
3516.1. (a) (1) Notwithstanding any other provision of law, a
physician who provides services in a medically underserved area may
supervise not more than four physician assistants at any one time.
(2) As used in this section, "medically underserved area" means a
"health professional(s) shortage area" (HPSA) as defined in Part 5
(commencing with Section 5.1) of Chapter 1 of Title 42 of the Code of
Federal Regulations or an area of the state where unmet priority
needs for physicians exist as determined by the California Healthcare
Workforce Policy Commission pursuant to Section 128225 of the Health
and Safety Code.
(b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute that
is enacted before January 1, 2012, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 57. Section 3685 of the Business and Professions Code is
amended to read:
3685. (a) The provisions of Article 8 (commencing with Section
3680) shall become operative on January 1, 2004, but the remaining
provisions of this chapter shall become operative on July 1, 2004. It
is the intent of the Legislature that the initial implementation of
this chapter be administered by fees collected in advance from
applicants. Therefore, the bureau shall have the power and authority
to establish fees and receive applications for licensure or intents
to file application statements on and after January 1, 2004. The
department shall certify that sufficient funds are available prior to
implementing this chapter. Funds from the General Fund may not be
used for the purpose of implementing this chapter.
(b) This chapter shall become inoperative on July 1, 2010, and, as
of January 1, 2011, is repealed, unless a later enacted statute that
is enacted before January 1, 2011, deletes or extends the dates on
which it becomes inoperative and is repealed. The repeal of this
chapter renders the bureau subject to the review required by Division
1.2 (commencing with Section 473).
(c) The bureau shall prepare the report required by Section 473.2
no later than September 1, 2008.
SEC. 58. Section 3710 of the Business and Professions Code is
amended to read:
3710. The Respiratory Care Board of California, hereafter
referred to as the board, shall enforce and administer this chapter.
This section shall become inoperative on July 1, 2010, and, as of
January 1, 2011, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2011, deletes or extends
the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
SEC. 59. Section 3716 of the Business and Professions Code is
amended to read:
3716. The board may employ an executive officer exempt from civil
service and, subject to the provisions of law relating to civil
service, clerical assistants and, except as provided in Section
159.5, other employees as it may deem necessary to carry out its
powers and duties.
This section shall become inoperative on July 1, 2010, and, as of
January 1, 2011, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2011, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 60. Section 3765 of the Business and Professions Code is
amended to read:
3765. This act does not prohibit any of the following activities:
(a) The performance of respiratory care that is an integral part
of the program of study by students enrolled in approved respiratory
therapy training programs.
(b) Self-care by the patient or the gratuitous care by a friend or
member of the family who does not represent or hold himself or
herself out to be a respiratory care practitioner licensed under the
provisions of this chapter.
(c) The respiratory care practitioner from performing advances in
the art and techniques of respiratory care learned through formal or
specialized training.
(d) The performance of respiratory care in an emergency situation
by paramedical personnel who have been formally trained in these
modalities and are duly licensed under the provisions of an act
pertaining to their speciality.
(e) Respiratory care services in case of an emergency. "Emergency,"
as used in this subdivision, includes an epidemic or public
disaster.
(f) Persons from engaging in cardiopulmonary research.
(g) Formally trained licensees and staff of child day care
facilities from administering to a child inhaled medication as
defined in Section 1596.798 of the Health and Safety Code.
(h) The performance by a person employed by a home medical device
retail facility or by a home health agency licensed by the State
Department of Health Services of specific, limited, and basic
respiratory care or respiratory care related services that have been
authorized by the board.
SEC. 61. Section 4001 of the Business and Professions Code is
amended to read:
4001. (a) There is in the Department of Consumer Affairs a
California State Board of Pharmacy in which the administration and
enforcement of this chapter is vested. The board consists of 13
members.
(b) The Governor shall appoint seven competent pharmacists who
reside in different parts of the state to serve as members of the
board. The Governor shall appoint four public members, and the Senate
Committee on Rules and the Speaker of the Assembly shall each
appoint a public member who shall not be a licensee of the board, any
other board under this division, or any board referred to in Section
1000 or 3600.
(c) At least five of the seven pharmacist appointees to the board
shall be pharmacists who are actively engaged in the practice of
pharmacy. Additionally, the membership of the board shall include at
least one pharmacist representative from each of the following
practice settings: an acute care hospital, an independent community
pharmacy, a chain community pharmacy, and a long-term health care or
skilled nursing facility. The pharmacist appointees shall also
include a pharmacist who is
a member of a labor union that represents pharmacists. For the
purposes of this subdivision, a "chain community pharmacy" means a
chain of 75 or more stores in California under the same ownership,
and an "independent community pharmacy" means a pharmacy owned by a
person or entity who owns no more than four pharmacies in California.
(d) Members of the board shall be appointed for a term of four
years. No person shall serve as a member of the board for more than
two consecutive terms. Each member shall hold office until the
appointment and qualification of his or her successor or until one
year shall have elapsed since the expiration of the term for which
the member was appointed, whichever first occurs. Vacancies occurring
shall be filled by appointment for the unexpired term.
(e) Each member of the board shall receive a per diem and expenses
as provided in Section 103.
(f) In accordance with Sections 101.1 and 473.1, this section
shall become inoperative on July 1, 2010, and, as of January 1, 2011,
is repealed, unless a later enacted statute, that becomes effective
on or before January 1, 2011, deletes or extends the dates on which
it becomes inoperative and is repealed. The repeal of this section
renders the board subject to the review required by Division 1.2
(commencing with Section 473).
SEC. 62. Section 4003 of the Business and Professions Code is
amended to read:
4003. (a) The board may appoint a person exempt from civil
service who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board
and vested in him or her by this chapter. The executive officer may
or may not be a member of the board as the board may determine.
(b) The executive officer shall receive the compensation as
established by the board with the approval of the Director of
Finance. The executive officer shall also be entitled to travel and
other expenses necessary in the performance of his or her duties.
(c) The executive officer shall maintain and update in a timely
fashion records containing the names, titles, qualifications, and
places of business of all persons subject to this chapter.
(d) The executive officer shall give receipts for all money
received by him or her and pay it to the Department of Consumer
Affairs, taking its receipt therefor. Besides the duties required by
this chapter, the executive officer shall perform other duties
pertaining to the office as may be required of him or her by the
board.
(e) In accordance with Sections 101.1 and 473.1, this section
shall become inoperative on July 1, 2010, and, as of January 1, 2011,
is repealed, unless a later enacted statute, that becomes effective
on or before January 1, 2011, deletes or extends the dates on which
it becomes inoperative and is repealed.
SEC. 63. Section 4034 of the Business and Professions Code is
amended to read:
4034. (a) "Pedigree" means a record, in electronic form,
containing information regarding each transaction resulting in a
change of ownership of a given dangerous drug, from sale by a
manufacturer, through acquisition and sale by one or more
wholesalers, manufacturers, or pharmacies, until final sale to a
pharmacy or other person furnishing, administering, or dispensing the
dangerous drug. The pedigree shall be created and maintained in an
interoperable electronic system, ensuring compatibility throughout
all stages of distribution.
(b) A pedigree shall include all of the following information:
(1) The source of the dangerous drug, including the name, the
federal manufacturer's registration number or a state license number
as determined by the board, and principal address of the source.
(2) The trade or generic name of the drug, the quantity of the
dangerous drug, its dosage form and strength, the date of the
transaction, the sales invoice number, the container size, the number
of containers, the expiration dates, and the lot numbers.
(3) The business name, address, and the federal manufacturer's
registration number or a state license number as determined by the
board, of each owner of the dangerous drug, and the dangerous drug
shipping information, including the name and address of each person
certifying delivery or receipt of the dangerous drug.
(4) A certification under penalty of perjury from a responsible
party of the source of the dangerous drug that the information
contained in the pedigree is true and accurate.
(c) A single pedigree shall include every change of ownership of a
given dangerous drug from its initial manufacture through to its
final transaction to a pharmacy or other person for furnishing,
administering, or dispensing the drug, regardless of repackaging or
assignment of another National Drug Code (NDC) Directory number.
(d) A pedigree shall track each dangerous drug at the smallest
package or immediate container distributed by the manufacturer,
received and distributed by the wholesaler, and received by the
pharmacy or another person furnishing, administering, or dispensing
the dangerous drug.
(e) Any return of a dangerous drug to a wholesaler or manufacturer
shall be documented on the same pedigree as the transaction that
resulted in the receipt of the drug by the party returning it.
(f) If a licensed health care service plan, hospital organization,
and one or more physician organizations have exclusive contractual
relationships to provide health care services, drugs distributed
between these persons shall be deemed not to have changed ownership.
(g) The following transactions are not required to be recorded on
a pedigree:
(1) The provision of samples of dangerous drugs by a manufacturer'
s employee to an authorized prescriber, provided the samples are
dispensed to a patient of the prescriber without charge.
(2) An injectable dangerous drug that is delivered by the
manufacturer directly to an authorized prescriber or other entity
directly responsible for administration of the injectable dangerous
drug, only for an injectable dangerous drug that by law may only be
administered under the professional supervision of the prescriber or
other entity directly responsible for administration of the drug.
Injectable dangerous drugs exempted from the pedigree requirement by
this paragraph may not be dispensed to a patient or a patient's agent
for self-administration, and shall only be administered to the
patient, as defined in Section 4016, by the prescriber or other
authorized entity that received the drug directly from the
manufacturer.
(3) The exemption in paragraph (2) shall expire and be inoperative
on January 1, 2010, unless prior to that date the board receives, at
a public hearing, evidence that entities involved in the
distribution of the injectable dangerous drugs subject to that
paragraph are not able to provide a pedigree in compliance with all
of the provisions of California law, and the board votes to extend
the expiration date for the exemption until January 1, 2011. The
decision as to whether to extend the expiration date shall be within
the sole discretion of the board, and shall not be subject to the
requirements of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of the Government Code.
(h) If a manufacturer, wholesaler, or pharmacy has reasonable
cause to believe that a dangerous drug in, or having been in, its
possession is counterfeit or the subject of a fraudulent transaction,
the manufacturer, wholesaler, or pharmacy shall notify the board
within 72 hours of obtaining that knowledge. This subdivision shall
apply to any dangerous drug that has been sold or distributed in or
through this state.
(i) "Interoperable electronic system" as used in this chapter
means an electronic track and trace system for dangerous drugs that
uses a unique identification number, established at the point of
manufacture, contained within a standardized nonproprietary data
format and architecture, that is uniformly used by manufacturers,
wholesalers, and pharmacies for the pedigree of a dangerous drug.
(j) The application of the pedigree requirement in pharmacies
shall be subject to review during the board's sunset review to be
conducted as described in subdivision (f) of Section 4001.
(k) This section shall become operative on January 1, 2009.
However, the board may extend the date for compliance with this
section and Section 4163 until January 1, 2011, in accordance with
Section 4163.5.
SEC. 64. Section 4162 of the Business and Professions Code is
amended to read:
4162. (a) (1) An applicant for the issuance or renewal of a
wholesaler license shall submit a surety bond of one hundred thousand
dollars ($100,000) or other equivalent means of security acceptable
to the board payable to the Pharmacy Board Contingent Fund. The
purpose of the surety bond is to secure payment of any administrative
fine imposed by the board and any cost recovery ordered pursuant to
Section 125.3.
(2) For purposes of paragraph (1), the board may accept a surety
bond less than one hundred thousand dollars ($100,000) if the annual
gross receipts of the previous tax year for the wholesaler is ten
million dollars ($10,000,000) or less, in which case the surety bond
shall be twenty-five thousand dollars ($25,000).
(3) A person to whom an approved new drug application has been
issued by the United States Food and Drug Administration who engages
in the wholesale distribution of only the dangerous drug specified in
the new drug application, and is licensed or applies for licensure
as a wholesaler, shall not be required to post a surety bond as
provided in paragraph (1).
(4) For licensees subject to paragraph (2) or (3), the board may
require a bond up to one hundred thousand dollars ($100,000) for any
licensee who has been disciplined by any state or federal agency or
has been issued an administrative fine pursuant to this chapter.
(b) The board may make a claim against the bond if the licensee
fails to pay a fine within 30 days after the order imposing the fine,
or costs become final.
(c) A single surety bond or other equivalent means of security
acceptable to the board shall satisfy the requirement of subdivision
(a) for all licensed sites under common control as defined in Section
4126.5.
(d) This section shall become operative on January 1, 2006, and
shall remain in effect only until January 1, 2015, and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1, 2015, deletes or extends those dates.
SEC. 65. Section 4162.5 of the Business and Professions Code is
amended to read:
4162.5. (a) (1) An applicant for the issuance or renewal of a
nonresident wholesaler license shall submit a surety bond of one
hundred thousand dollars ($100,000), or other equivalent means of
security acceptable to the board, such as an irrevocable letter of
credit, or a deposit in a trust account or financial institution,
payable to the Pharmacy Board Contingent Fund. The purpose of the
surety bond is to secure payment of any administrative fine imposed
by the board and any cost recovery ordered pursuant to Section 125.3.
(2) For purpose of paragraph (1), the board may accept a surety
bond less than one hundred thousand dollars ($100,000) if the annual
gross receipts of the previous tax year for the nonresident
wholesaler is ten million dollars ($10,000,000) or less in which the
surety bond shall be twenty-five thousand dollars ($25,000).
(3) For applicants who satisfy paragraph (2), the board may
require a bond up to one hundred thousand dollars ($100,000) for any
nonresident wholesaler who has been disciplined by any state or
federal agency or has been issued an administrative fine pursuant to
this chapter.
(4) A person to whom an approved new drug application has been
issued by the United States Food and Drug Administration who engages
in the wholesale distribution of only the dangerous drug specified in
the new drug application, and is licensed or applies for licensure
as a nonresident wholesaler, shall not be required to post a surety
bond as provided in this section.
(b) The board may make a claim against the bond if the licensee
fails to pay a fine within 30 days of the issuance of the fine or
when the costs become final.
(c) A single surety bond or other equivalent means of security
acceptable to the board shall satisfy the requirement of subdivision
(a) for all licensed sites under common control as defined in Section
4126.5.
(d) This section shall become operative on January 1, 2006, and
shall become inoperative and is repealed on, January 1, 2015, unless
a later enacted statute, that is enacted before January 1, 2015,
deletes or extends those dates.
SEC. 66. Section 4163 of the Business and Professions Code, as
amended by Section 31 of Chapter 857 of the Statutes of 2004, is
repealed.
SEC. 67. Section 4163 of the Business and Professions Code, as
added by Section 32 of Chapter 857 of the Statutes of 2004, is
amended to read:
4163. (a) A manufacturer or wholesaler may not furnish a
dangerous drug or dangerous device to an unauthorized person.
(b) Dangerous drugs or dangerous devices shall be acquired from a
person authorized by law to possess or furnish dangerous drugs or
dangerous devices. When the person acquiring the dangerous drugs or
dangerous devices is a wholesaler, the obligation of the wholesaler
shall be limited to obtaining confirmation of licensure of those
sources from whom it has not previously acquired dangerous drugs or
dangerous devices.
(c) Except as otherwise provided in Section 4163.5, commencing on
January 1, 2009, a wholesaler or pharmacy may not sell, trade, or
transfer a dangerous drug at wholesale without providing a pedigree.
(d) Except as otherwise provided in Section 4163.5, commencing on
January 1, 2009, a wholesaler or pharmacy may not acquire a dangerous
drug without receiving a pedigree.
SEC. 68. Section 4163.1 is added to the Business and Professions
Code, to read:
4163.1. It is the intent of the Legislature that commencing on
January 1, 2007, and continuing through the full implementation of
the pedigree requirements specified by Section 4163, manufacturers
and wholesalers shall use best efforts to provide in the most readily
accessible form possible, information regarding the manufacturer's
specific relationships in the distribution of dangerous drugs with
wholesalers.
SEC. 69. Section 4163.5 of the Business and Professions Code is
amended to read:
4163.5. The board may extend the date for compliance with the
requirement for a pedigree set forth in Sections 4034 and 4163 until
January 1, 2011, if it determines that manufacturers or wholesalers
require additional time to implement electronic technologies to track
the distribution of dangerous drugs within the state. A
determination by the board to extend the deadline for providing
pedigrees 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 4163.6 of the Business and Professions Code is
repealed.
SEC. 71. Section 4169 of the Business and Professions Code, as
added by Section 39 of Chapter 857 of the Statutes of 2004, is
amended to read:
4169. (a) A person or entity may not do any of the following:
(1) Purchase, trade, sell, or transfer dangerous drugs or
dangerous devices at wholesale with a person or entity that is not
licensed with the board as a wholesaler or pharmacy, in violation of
Section 4163.
(2) Purchase, trade, sell, or transfer dangerous drugs that the
person knew or reasonably should have known were adulterated, as set
forth in Article 2 (commencing with Section 111250) of Chapter 6 of
Part 5 of Division 104 of the Health and Safety Code.
(3) Purchase, trade, sell, or transfer dangerous drugs that the
person knew or reasonably should have known were misbranded, as
defined in Section 111335 of the Health and Safety Code.
(4) Purchase, trade, sell, or transfer dangerous drugs or
dangerous devices after the beyond use date on the label.
(5) Fail to maintain records of the acquisition or disposition of
dangerous drugs or dangerous devices for at least three years.
(b) Notwithstanding any other provision of law, a violation of
this section may subject the person or entity that has committed the
violation to a fine not to exceed the amount specified in Section
125.9 for each occurrence, pursuant to a citation issued by the
board.
(c) Amounts due from any person under this section shall be offset
as provided under Section 12419.5 of the Government Code. Amounts
received by the board under this section shall be deposited into the
Pharmacy Board Contingent Fund.
(d) This section shall not apply to a pharmaceutical manufacturer
licensed by the Food and Drug Administration or by the State
Department of Health Services.
(e) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.
SEC. 72. Section 4169 of the Business and Professions Code, as
added by Section 40 of Chapter 857 of the Statutes of 2004, is
amended to read:
4169. (a) A person or entity may not do any of the following:
(1) Purchase, trade, sell, or transfer dangerous drugs or
dangerous devices at wholesale with a person or entity that is not
licensed with the board as a wholesaler or pharmacy.
(2) Purchase, trade, sell, or transfer dangerous drugs that the
person knew or reasonably should have known were adulterated, as set
forth in Article 2 (commencing with Section 111250) of Chapter 6 of
Part 5 of Division 104 of the Health and Safety Code.
(3) Purchase, trade, sell, or transfer dangerous drugs that the
person knew or reasonably should have known were misbranded, as
defined in Section 111335 of the Health and Safety Code.
(4) Purchase, trade, sell, or transfer dangerous drugs or
dangerous devices after the beyond use date on the label.
(5) Fail to maintain records of the acquisition or disposition of
dangerous drugs or dangerous devices for at least three years.
(b) Notwithstanding any other provision of law, a violation of
this section or of subdivision (c) or (d) of Section 4163 may subject
the person or entity that has committed the violation to a fine not
to exceed the amount specified in Section 125.9 for each occurrence,
pursuant to a citation issued by the board.
(c) Amounts due from any person under this section shall be offset
as provided under Section 12419.5 of the Government Code. Amounts
received by the board under this section shall be deposited into the
Pharmacy Board Contingent Fund.
(d) This section shall not apply to a pharmaceutical manufacturer
licensed by the Food and Drug Administration or by the State
Department of Health Services.
(e) This section shall become operative on January 1, 2008.
SEC. 73. Section 4200.1 of the Business and Professions Code is
amended to read:
4200.1. (a) Notwithstanding Section 135, an applicant may take
the North American Pharmacist Licensure Examination four times, and
may take the Multi-State Pharmacy Jurisprudence Examination for
California four times.
(b) Notwithstanding Section 135, an applicant may take the North
American Pharmacist Licensure Examination and the Multi-State
Pharmacy Jurisprudence Examination for California four additional
times each if he or she successfully completes, at minimum, 16
additional semester units of education in pharmacy as approved by the
board.
(c) The applicant shall comply with the requirements of Section
4200 for each application for reexamination made pursuant to
subdivision (b).
(d) An applicant may use the same coursework to satisfy the
additional educational requirement for each examination under
subdivision (b), if the coursework was completed within 12 months of
the date of his or her application for reexamination.
(e) For purposes of this section, the board shall treat each
failing score on the pharmacist licensure examination administered by
the board prior to January 1, 2004, as a failing score on both the
North American Pharmacist Licensure Examination and the Multi-State
Pharmacy Jurisprudence Examination for California.
(f) From January 1, 2004, to July 1, 2008, inclusive, the board
shall collect data on the applicants who are admitted to, and take,
the licensure examinations required by Section 4200. The board shall
report to the Joint Committee on Boards, Commissions, and Consumer
Protection before September 1, 2008, regarding the impact on those
applicants of the examination limitations imposed by this section.
The report shall include, but not be limited to, the following
information:
(1) The number of applicants taking the examination and the number
who fail the examination for the fourth time.
(2) The number of applicants who, after failing the examination
for the fourth time, complete a pharmacy studies program in
California or another state to satisfy the requirements of this
section and who apply to take the licensure examination required by
Section 4200.
(3) To the extent possible, the school from which the applicant
graduated and the school's location and the pass/fail rates on the
examination for each school.
(g) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
SEC. 74. Section 4800 of the Business and Professions Code is
amended to read:
4800. There is in the Department of Consumer Affairs a Veterinary
Medical Board in which the administration of this chapter is vested.
The board consists of seven members, three of whom shall be public
members.
This section shall become inoperative on July 1, 2011, and, as of
January 1, 2012, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2012, deletes or extends
the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
provided for by Division 1.2 (commencing with Section 473).
SEC. 75. Section 4804.5 of the Business and Professions Code is
amended to read:
4804.5. The board may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board and
vested in him or her by this chapter.
This section shall become inoperative on July 1, 2011, and, as of
January 1, 2012, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2012, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 76. Section 4928 of the Business and Professions Code is
amended to read:
4928. The Acupuncture Board, which consists of seven members,
shall enforce and administer this chapter. The appointing powers, as
described in Section 4929, may appoint to the board a person who was
a member of the prior board prior to the repeal of that board on
January 1, 2006.
This section shall become inoperative on July 1, 2009, and, as of
January 1, 2010, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2010, deletes or extends
the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
SEC. 77. Section 4934 of the Business and Professions Code is
amended to read:
4934. (a) The board, by and with the approval of the director,
may employ personnel necessary for the administration of this
chapter, and the board, by and with the approval of the director, may
appoint an executive officer who is exempt from the provisions of
the Civil Service Act.
(b) This section shall become inoperative on July 1, 2009, and, as
of January 1, 2010, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2010, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 78. Section 4999.2 of the Business and Professions Code is
amended to read:
4999.2. (a) In order to obtain and maintain a registration,
in-state or out-of-state telephone medical advice services shall
comply with the requirements established by the department. Those
requirements shall include, but shall not be limited to, all of the
following:
(1) (A) Ensuring that all staff who provide medical advice
services are appropriately licensed, certified, or registered as a
physician and surgeon pursuant to Chapter 5 (commencing with Section
2000) or the Osteopathic Initiative Act, as a dentist pursuant to
Chapter 4 (commencing with Section 1600), as a dental hygienist
pursuant to Sections 1760 to 1775, inclusive, as a psychologist
pursuant to Chapter 6.6 (commencing with Section 2900), as a marriage
and family therapist pursuant to Chapter 13 (commencing with Section
4980), as a licensed clinical social worker pursuant to Chapter 14
(commencing with Section 4990), as an optometrist pursuant to Chapter
7 (commencing with Section 3000), or as a chiropractor pursuant to
the Chiropractic Initiative Act, and operating consistent with the
laws governing their respective scopes of practice in the state
within which they provide telephone medical advice services, except
as provided in paragraph (2).
(B) Ensuring that all staff who provide telephone medical advice
services from an out-of-state location are health care professionals,
as identified in subparagraph (A), who are licensed, registered, or
certified in the state within which they are providing the telephone
medical advice services and are operating consistent with the laws
governing their respective scopes of practice.
(2) Ensuring that all registered nurses providing telephone
medical advice services to both in-state and out-of-state business
entities registered pursuant to this chapter are licensed pursuant to
Chapter 6 (commencing with Section 2700).
(3) Ensuring that the telephone medical advice provided is
consistent with good professional practice.
(4) Maintaining records of telephone medical advice services,
including records of complaints, provided to patients in California
for a period of at least five years.
(5) Ensuring that no staff member uses a title or designation when
speaking to an enrollee or subscriber that may cause a reasonable
person to believe that the staff member is
a licensed, certified, or registered
professional described in subparagraph (A) of paragraph (1), unless
the staff member is a licensed, certified, or registered
professional.
(6) Complying with all directions and requests for information
made by the department.
(b) To the extent permitted by Article VII of the California
Constitution, the department may contract with a private nonprofit
accrediting agency to evaluate the qualifications of applicants for
registration pursuant to this chapter and to make recommendations to
the department.
(c) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 79. Section 4999.2 is added to the Business and Professions
Code, to read:
4999.2. (a) In order to obtain and maintain a registration,
in-state or out-of-state telephone medical advice services shall
comply with the requirements established by the department. Those
requirements shall include, but shall not be limited to, all of the
following:
(1) (A) Ensuring that all staff who provide medical advice
services are appropriately licensed, certified, or registered as a
physician and surgeon pursuant to Chapter 5 (commencing with Section
2000) or the Osteopathic Initiative Act, as a dentist or dental
hygienist pursuant to Chapter 4 (commencing with Section 1600), as a
psychologist pursuant to Chapter 6.6 (commencing with Section 2900),
as a marriage and family therapist pursuant to Chapter 13 (commencing
with Section 4980), as a licensed clinical social worker pursuant to
Chapter 14 (commencing with Section 4990), as an optometrist
pursuant to Chapter 7 (commencing with Section 3000), or as a
chiropractor pursuant to the Chiropractic Initiative Act, and
operating consistent with the laws governing their respective scopes
of practice in the state within which they provide telephone medical
advice services, except as provided in paragraph (2).
(B) Ensuring that all staff who provide telephone medical advice
services from an out-of-state location are health care professionals,
as identified in subparagraph (A), who are licensed, registered, or
certified in the state within which they are providing the telephone
medical advice services and are operating consistent with the laws
governing their respective scopes of practice.
(2) Ensuring that all registered nurses providing telephone
medical advice services to both in-state and out-of-state business
entities registered pursuant to this chapter are licensed pursuant to
Chapter 6 (commencing with Section 2700).
(3) Ensuring that the telephone medical advice provided is
consistent with good professional practice.
(4) Maintaining records of telephone medical advice services,
including records of complaints, provided to patients in California
for a period of at least five years.
(5) Ensuring that no staff member uses a title or designation when
speaking to an enrollee or subscriber that may cause a reasonable
person to believe that the staff member is a licensed, certified, or
registered professional described in subparagraph (A) of paragraph
(1), unless the staff member is a licensed, certified, or registered
professional.
(6) Complying with all directions and requests for information
made by the department.
(b) To the extent permitted by Article VII of the California
Constitution, the department may contract with a private nonprofit
accrediting agency to evaluate the qualifications of applicants for
registration pursuant to this chapter and to make recommendations to
the department.
(c) This section shall become operative on January 1, 2008.
SEC. 80. Section 4999.7 of the Business and Professions Code is
amended to read:
4999.7. (a) Nothing in this section shall limit, preclude, or
otherwise interfere with the practices of other persons licensed or
otherwise authorized to practice, under any other provision of this
division, telephone medical advice services consistent with the laws
governing their respective scopes of practice, or licensed under the
Osteopathic Initiative Act or the Chiropractic Initiative Act and
operating consistent with the laws governing their respective scopes
of practice.
(b) For the purposes of this chapter, "telephone medical advice"
means a telephonic communication between a patient and a health care
professional in which the health care professional's primary function
is to provide to the patient a telephonic response to the patient's
questions regarding his or her or a family member's medical care or
treatment. "Telephone medical advice" includes assessment,
evaluation, or advice provided to patients or their family members.
(c) For the purposes of this chapter, "health care professional"
is a staff person described in Section 4999.2 who provides medical
advice services and is appropriately licensed, certified, or
registered as a registered nurse pursuant to Chapter 6 (commencing
with Section 2700), as a physician and surgeon pursuant to Chapter 5
(commencing with Section 2000) or the Osteopathic Initiative Act, as
a dentist pursuant to Chapter 4 (commencing with Section 1600), as a
dental hygienist pursuant to Sections 1760 to 1775, inclusive, as a
psychologist pursuant to Chapter 6.6 (commencing with Section 2900),
as a marriage and family therapist pursuant to Chapter 13 (commencing
with Section 4980), as a licensed clinical social worker pursuant to
Chapter 14 (commencing with Section 4990), as an optometrist
pursuant to Chapter 7 (commencing with Section 3000), or as a
chiropractor pursuant to the Chiropractic Initiative Act, and who is
operating consistent with the laws governing his or her respective
scopes of practice in the state in which he or she provides telephone
medical advice services.
(d) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 81. Section 4999.7 is added to the Business and Professions
Code, to read:
4999.7. (a) Nothing in this section shall limit, preclude, or
otherwise interfere with the practices of other persons licensed or
otherwise authorized to practice, under any other provision of this
division, telephone medical advice services consistent with the laws
governing their respective scopes of practice, or licensed under the
Osteopathic Initiative Act or the Chiropractic Initiative Act and
operating consistent with the laws governing their respective scopes
of practice.
(b) For the purposes of this chapter, "telephone medical advice"
means a telephonic communication between a patient and a health care
professional in which the health care professional's primary function
is to provide to the patient a telephonic response to the patient's
questions regarding his or her or a family member's medical care or
treatment. "Telephone medical advice" includes assessment,
evaluation, or advice provided to patients or their family members.
(c) For the purposes of this chapter, "health care professional"
is a staff person described in Section 4999.2 who provides medical
advice services and is appropriately licensed, certified, or
registered as a registered nurse pursuant to Chapter 6 (commencing
with Section 2700), as a physician and surgeon pursuant to Chapter 5
(commencing with Section 2000) or the Osteopathic Initiative Act, as
a dentist or dental hygienist pursuant to Chapter 4 (commencing with
Section 1600), as a psychologist pursuant to Chapter 6.6 (commencing
with Section 2900), as a marriage and family therapist pursuant to
Chapter 13 (commencing with Section 4980), as a licensed clinical
social worker pursuant to Chapter 14 (commencing with Section 4990),
as an optometrist pursuant to Chapter 7 (commencing with Section
3000), or as a chiropractor pursuant to the Chiropractic Initiative
Act, and who is operating consistent with the laws governing his or
her respective scopes of practice in the state in which he or she
provides telephone medical advice services.
(d) This section shall become operative on January 1, 2008.
SEC. 82. Section 5510 of the Business and Professions Code is
amended to read:
5510. There is in the Department of Consumer Affairs a California
Architects Board which consists of 10 members.
Any reference in law to the California Board of Architectural
Examiners shall mean the California Architects Board.
This section shall become inoperative on July 1, 2011, and, as of
January 1, 2012, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2012, deletes or extends
the dates on which it becomes inoperative and is repealed. The repeal
of this section renders the board subject to the review required by
Division 1.2 (commencing with Section 473).
SEC. 83. Section 5517 of the Business and Professions Code is
amended to read:
5517. The board may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board and
vested in him or her by this chapter.
This section shall become inoperative on July 1, 2011, and, as of
January 1, 2012, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2012, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 84. Section 5620 of the Business and Professions Code is
amended to read:
5620. The duties, powers, purposes, responsibilities, and
jurisdiction of the California State Board of Landscape Architects
that were succeeded to and vested with the Department of Consumer
Affairs in accordance with Chapter 908 of the Statutes of 1994 are
hereby transferred to the California Architects Board. The
Legislature finds that the purpose for the transfer of power is to
promote and enhance the efficiency of state government and that
assumption of the powers and duties by the California Architects
Board shall not be viewed or construed as a precedent for the
establishment of state regulation over a profession or vocation that
was not previously regulated by a board, as defined in Section 477.
(a) There is in the Department of Consumer Affairs a California
Architects Board as defined in Article 2 (commencing with Section
5510) of Chapter 3.
Whenever in this chapter "board" is used it refers to the
California Architects Board.
(b) Except as provided herein, the board may delegate its
authority under this chapter to the Landscape Architects Technical
Committee.
(c) After review of proposed regulations, the board may direct the
examining committee to notice and conduct hearings to adopt, amend,
or repeal regulations pursuant to Section 5630, provided that the
board itself shall take final action to adopt, amend, or repeal those
regulations.
(d) The board shall not delegate its authority to discipline a
landscape architect or to take action against a person who has
violated this chapter.
(e) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 85. Section 5621 of the Business and Professions Code is
amended to read:
5621. (a) There is hereby created within the jurisdiction of the
board, a Landscape Architects Technical Committee, hereinafter
referred to in this chapter as the landscape architects committee.
(b) The landscape architects committee shall consist of five
members who shall be licensed to practice landscape architecture in
this state. The Governor shall appoint three of the members. The
Senate Committee on Rules and the Speaker of the Assembly shall
appoint one member each.
(c) The initial members to be appointed by the Governor are as
follows: one member for a term of one year; one member for a term of
two years; and one member for a term of three years. The Senate
Committee on Rules and the Speaker of the Assembly shall initially
each appoint one member for a term of four years. Thereafter,
appointments shall be made for four-year terms, expiring on June 1 of
the fourth year and until the appointment and qualification of his
or her successor or until one year shall have elapsed whichever first
occurs. Vacancies shall be filled for the unexpired term.
(d) No person shall serve as a member of the landscape architects
committee for more than two consecutive terms.
(e) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 86. Section 5622 of the Business and Professions Code is
amended to read:
5622. (a) The landscape architects committee may assist the board
in the examination of candidates for a landscape architect's license
and, after investigation, evaluate and make recommendations
regarding potential violations of this chapter.
(b) The landscape architects committee may investigate, assist,
and make recommendations to the board regarding the regulation of
landscape architects in this state.
(c) The landscape architects committee may perform duties and
functions that have been delegated to it by the board pursuant to
Section 5620.
(d) The landscape architects committee may send a representative
to all meetings of the full board to report on the committee's
activities.
(e) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 87. Section 5810 of the Business and Professions Code is
amended to read:
5810. (a) This chapter shall be subject to the review required by
Division 1.2 (commencing with Section 473).
(b) This chapter shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
SEC. 88. Section 5811 of the Business and Professions Code is
amended to read:
5811. An interior design organization issuing stamps under
Section 5801 shall provide to the Joint Committee on Boards,
Commissions, and Consumer Protection by September 1, 2008, a report
that reviews and assesses the costs and benefits associated with the
California Code and Regulations Examination and explores feasible
alternatives to that examination.
SEC. 89. Section 6704 of the Business and Professions Code is
amended to read:
6704. (a) In order to safeguard life, health, property, and
public welfare, no person shall practice civil, electrical, or
mechanical engineering unless appropriately licensed or specifically
exempted from licensure under this chapter, and only persons licensed
under this chapter shall be entitled to take and use the titles
"consulting engineer," "professional engineer," or "registered
engineer," or any combination of those titles or abbreviations
thereof, and according to licensure with the board the engineering
branch titles specified in Section 6732, or the authority titles
specified in Sections 6736 and 6736.1, or the title
"engineer-in-training."
(b) The provisions of this section shall not prevent the use of
the title "consulting engineer" by a person who has qualified for and
maintained exemption for using that title under the provisions of
Section 6732.1, or by a person licensed as a photogrammetric
surveyor.
SEC. 90. Section 6710 of the Business and Professions Code is
amended to read:
6710. (a) There is in the Department of Consumer Affairs a Board
for Professional Engineers and Land Surveyors, which consists of 13
members.
(b) Any reference in any law or regulation to the Board of
Registration for Professional Engineers and Land Surveyors is deemed
to refer to the Board for Professional Engineers and Land Surveyors.
(c) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes effective on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
SEC. 91. Section 6712 of the Business and Professions Code is
amended to read:
6712. (a) All appointments to the board shall be for a term of
four years. Vacancies shall be filled by appointment for the
unexpired term. Each appointment thereafter shall be for a four-year
term expiring on June 30 of the fourth year following the year in
which the previous term expired.
(b) Each member shall hold office until the appointment and
qualification of his or her successor or until one year shall have
elapsed since the expiration of the term for which he or she was
appointed, whichever first occurs. No person shall serve as a member
of the board for more than two consecutive terms.
(c) The Governor shall appoint professional members so that one is
licensed to practice engineering as a civil engineer, one as an
electrical engineer, one as a mechanical engineer, another is
authorized to use the title of structural engineer, and one is a
member of one of the remaining branches of engineering. One of the
professional members licensed under this chapter shall be from a
local public agency, and one shall be from a state agency.
(d) The Governor shall appoint five of the public members and the
professional members qualified as provided in Section 6711. The
Senate Rules Committee and the Speaker of the Assembly shall each
appoint a public member.
SEC. 92. Section 6714 of the Business and Professions Code is
amended to read:
6714. The board shall appoint an executive officer at a salary to
be fixed and determined by the board with the approval of the
Director of Finance.
This section shall become inoperative on July 1, 2011, and, as of
January 1, 2012, is repealed, unless a later enacted statute, that
becomes effective on or before January 1, 2012, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 93. Section 6716 of the Business and Professions Code is
amended to read:
6716. (a) The board may adopt rules and regulations consistent
with law and necessary to govern its action. These rules and
regulations shall be adopted in accordance with the provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(b) The board may adopt rules and regulations of professional
conduct that are not inconsistent with state and federal law. The
rules and regulations may include definitions of incompetence and
negligence. Every person who holds a license or certificate issued by
the board pursuant to this chapter shall be governed by these rules
and regulations.
(c) The board shall hold at least two regular meetings each year.
Special meetings shall be held at those times that the board's rules
provide. A majority of the board constitutes a quorum.
SEC. 94. Section 6726.2 of the Business and Professions Code is
amended to read:
6726.2. Each member of each technical advisory committee shall be
an expert in the branch of engineering within the committee's
jurisdiction and shall be licensed under this chapter.
SEC. 95. Section 6730 of the Business and Professions Code is
amended to read:
6730. In order to safeguard life, health, property and public
welfare, any person, either in a public or private capacity, except
as in this chapter specifically excepted, who practices, or offers to
practice, civil engineering, electrical engineering or mechanical
engineering, in any of its branches in this state, including any
person employed by the State of California, or any city, county, or
city and county, who practices engineering, shall submit evidence
that he or she is qualified to practice, and shall be licensed
accordingly as a civil engineer, electrical engineer or mechanical
engineer by the board.
SEC. 96. Section 6732.3 of the Business and Professions Code is
amended to read:
6732.3. (a) Any person who has received from the board a license
in corrosion, manufacturing, quality, or safety engineering, and who
holds a valid license under this chapter, may continue to use the
branch title of the branch in which the professional engineer is
legally licensed. A person holding a license in corrosion,
manufacturing, quality, or safety engineering is subject to the
license renewal provisions of this chapter.
(b) The professional engineer also may continue to use the title
of "professional engineer," "licensed engineer," "registered
engineer," or "consulting engineer."
SEC. 97. Section 6732.5 is added to the Business and Professions
Code, to read:
6732.5. (a) Upon the discontinuance of a national examination for
a branch specified in this chapter, the board shall not be required
to administer an examination for a license in that branch or be
required to issue licenses in that branch.
(b) Any person who has received from the board a license in a
branch for which the national examination is discontinued, and who
holds a valid license under this chapter, may continue to use the
branch title of the branch in which the professional engineer is
legally licensed. A person holding a license in the affected branch
of engineering is subject to the license renewal provisions of this
chapter. The professional engineer may also continue to use the title
of "professional engineer," "licensed engineer," or "consulting
engineer."
SEC. 98. Section 6738 of the Business and Professions Code is
amended to read:
6738. (a) This chapter does not prohibit one or more civil,
electrical, or mechanical engineers from practicing or offering to
practice within the scope of their license civil (including
geotechnical and structural), electrical, or mechanical engineering
as a sole proprietorship, partnership, firm, or corporation
(hereinafter called business), if all of the following requirements
are met:
(1) A civil, electrical, or mechanical engineer currently licensed
in this state is an owner, partner, or officer in charge of the
engineering practice of the business.
(2) All civil, electrical, or mechanical engineering services are
performed by, or under the responsible charge of, a professional
engineer licensed in the appropriate branch of professional
engineering.
(3) If the business name of a California engineering business
contains the name of any person, then that person shall be licensed
as a professional engineer, a licensed land surveyor, a licensed
architect, or a geologist registered under the Geologist Act (Chapter
12.5 (commencing with Section 7800)). Any offer, promotion, or
advertisement by the business that contains the name of any
individual in the business, other than by use of the name of an
individual in the business name, shall clearly and specifically
designate the license or registration discipline of each individual
named.
(b) An out-of-state business with a branch office in this state
shall meet the requirements of subdivision (a) and shall have an
owner, partner, or officer who is in charge of the engineering work
in the branch in this state, who is licensed in this state, and who
is physically present at the branch office in this state on a regular
basis. However, the name of the business may contain the name of
any person not licensed in this state if that person is appropriately
registered or licensed in another state. Any offer, promotion, or
advertisement which contains the name of any individual in the
business, other than by use of the names of the individuals in the
business name, shall clearly and specifically designate the license
or registration discipline of each individual named.
(c) The business name of a California engineering business may be
a fictitious name. However, if the fictitious name includes the name
of any person, the requirements of paragraph (3) of subdivision (a)
shall be met.
(d) A person not licensed under this chapter may also be a partner
or an officer of a civil, electrical, or mechanical engineering
business if the requirements of subdivision (a) are met. Nothing in
this section shall be construed to permit a person who is not
licensed under this chapter to be the sole owner of a civil,
electrical, or mechanical engineering business, unless otherwise
exempt under this chapter.
(e) This chapter does not prevent an individual or business
engaged in any line of endeavor other than the practice of civil,
electrical, or mechanical engineering from employing or contracting
with a licensed civil, electrical, or mechanical engineer to perform
the respective engineering services incidental to the conduct of
business.
(f) This section shall not prevent the use of the name of any
business engaged in rendering civil, electrical, or mechanical
engineering services, including the use by any lawful successor or
survivor, that lawfully was in existence on December 31, 1987.
However, the business is subject to paragraphs (1) and (2) of
subdivision (a).
(g) A business engaged in rendering civil, electrical, or
mechanical engineering services may use in its name the name of a
deceased or retired person provided all of the following conditions
are satisfied:
(1) The person's name had been used in the name of the business,
or a predecessor in interest of the business, prior to and after the
death or retirement of the person.
(2) The person shall have been an owner, partner, or officer of
the business, or an owner, partner, or officer of the predecessor in
interest of the business.
(3) The person shall have been licensed as a professional
engineer, or a land surveyor, or an architect, or a geologist, (A) by
the appropriate licensing board if that person is operating a place
of business or practice in this state, or (B) by the applicable state
board if no place of business existed in this state.
(4) The person, if retired, has consented to the use of the name
and does not permit the use of the name in the title of another
professional engineering business in this state during the period of
the consent. However, the retired person may use his or her name as
the name of a new or purchased
business if it is not identical in every respect to that
person's name as used in the former business.
(5) The business shall be subject to the provisions of paragraphs
(1) and (2) of subdivision (a).
(h) This section does not affect the provisions of Sections 6731.2
and 8726.1.
(i) A current organization record form shall be filed with the
board for all business engaged in rendering civil, electrical, or
mechanical engineering services.
SEC. 99. Section 6740 of the Business and Professions Code is
amended to read:
6740. A subordinate to a civil, electrical or mechanical engineer
licensed under this chapter, or a subordinate to a civil, electrical
or mechanical engineer exempted from licensure under this chapter,
insofar as he or she acts solely in that capacity, is exempt from
licensure under the provisions of this chapter. This exemption,
however, does not permit any such subordinate to practice civil,
electrical or mechanical engineering in his or her own right or to
use the titles listed in Sections 6732, 6736, and 6736.1.
SEC. 100. Section 6746.1 is added to the Business and Professions
Code, to read:
6746.1. The provisions of this chapter pertaining to licensure of
professional engineers, other than civil engineers, do not apply to
employees in the communications industry, nor to the employees of
contractors while engaged in work on communications equipment.
However, those employees may not use any of the titles listed in
Sections 6732, 6736, and 6736.1, unless licensed.
SEC. 101. Section 6750 of the Business and Professions Code is
amended to read:
6750. (a) An application for licensure as a professional engineer
or certification as an engineer-in-training shall be made to the
board on the prescribed form, with all statements made therein under
oath, and shall be accompanied by the application fee prescribed by
this chapter. An application for licensure as a professional engineer
shall specify, additionally, the branch of engineering in which the
applicant desires licensure.
(b) The board may authorize an organization specified by the board
pursuant to Section 6754 to receive directly from applicants payment
of the examination fees charged by that organization as payment for
examination materials and services.
SEC. 102. Section 6753 of the Business and Professions Code is
amended to read:
6753. With respect to applicants for licensure as professional
engineers, the board:
(a) Shall give credit as qualifying experience of four years, for
graduation with an engineering degree from a college or university
the curriculum of which has been approved by the board.
(b) May at its discretion give credit as qualifying experience up
to a maximum of two years, for graduation with an engineering degree
from a nonapproved engineering curriculum or graduation with an
engineering technology degree in an approved engineering technology
curriculum.
(c) May at its discretion give credit as qualifying experience of
up to one-half year, for each year of successfully completed
postsecondary study in an engineering curriculum up to a maximum of
four years credit. A year of study shall be at least 32 semester
units or 48 quarter units.
(d) May at its discretion give credit as qualifying experience not
in excess of five years, for a postgraduate degree in a school of
engineering with a board approved undergraduate or postgraduate
curriculum.
(e) May at its discretion give credit as qualifying experience for
engineering teaching, not in excess of one year, if of a character
satisfactory to the board.
The sum of qualifying experience credit for subdivision (a) to
(e), inclusive, shall not exceed five years.
SEC. 103. Section 6754 of the Business and Professions Code is
amended to read:
6754. Examination for licensure shall be held at such times and
places as the board shall determine.
The second division of the examination for all branches specified
in Section 6732 shall be administered at least once each year.
Work of the board relating to examination and licensure may be
divided into committees as the board shall direct. The scope of
examinations and the methods of procedure may be prescribed by board
rule.
The board may make arrangements with a public or private
organization to conduct the examination. The board may contract with
a public or private organization for materials or services related to
the examination.
SEC. 104. Section 6787 of the Business and Professions Code is
amended to read:
6787. Every person is guilty of a misdemeanor:
(a) Who, unless he or she is exempt from licensure under this
chapter, practices or offers to practice civil, electrical, or
mechanical engineering in this state according to the provisions of
this chapter without legal authorization.
(b) Who presents or attempts to file as his or her own the
certificate of licensure of a licensed professional engineer unless
he or she is the person named on the certificate of licensure.
(c) Who gives false evidence of any kind to the board, or to any
member thereof, in obtaining a certificate of licensure.
(d) Who impersonates or uses the seal of a licensed professional
engineer.
(e) Who uses an expired, suspended, surrendered, or revoked
certificate issued by the board.
(f) Who represents himself or herself as, or uses the title of, a
licensed or registered civil, electrical, or mechanical engineer, or
any other title whereby that person could be considered as practicing
or offering to practice civil, electrical, or mechanical engineering
in any of its branches, unless he or she is correspondingly
qualified by licensure as a civil, electrical, or mechanical engineer
under this chapter.
(g) Who, unless appropriately licensed, manages, or conducts as
manager, proprietor, or agent, any place of business from which
civil, electrical, or mechanical engineering work is solicited,
performed, or practiced, except as authorized pursuant to subdivision
(d) of Section 6738 and Section 8726.1.
(h) Who uses the title, or any combination of that title, of
"professional engineer," "licensed engineer," "registered engineer,"
or the branch titles specified in Section 6732, or the authority
titles specified in Sections 6736 and 6736.1, or
"engineer-in-training," or who makes use of any abbreviation of that
title that might lead to the belief that he or she is a licensed
engineer, is authorized to use the titles specified in Section 6736
or 6736.1, or holds a certificate as an engineer-in-training, without
being licensed, authorized, or certified as required by this
chapter.
(i) Who uses the title "consulting engineer" without being
licensed as required by this chapter or without being authorized to
use that title pursuant to legislation enacted at the 1963, 1965 or
1968 Regular Session.
(j) Who violates any provision of this chapter.
SEC. 105. Section 7000.5 of the Business and Professions Code is
amended to read:
7000.5. (a) There is in the Department of Consumer Affairs a
Contractors' State License Board, which consists of 15 members.
(b) The repeal of this section renders the board subject to the
review required by Division 1.2 (commencing with Section 473).
However, the review of this board by the department shall be limited
to only those unresolved issues identified by the Joint Committee on
Boards, Commissions, and Consumer Protection.
(c) This section shall become inoperative on July 1, 2009, and, as
of January 1, 2010, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2010, deletes or
extends the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
SEC. 106. Section 7011 of the Business and Professions Code is
amended to read:
7011. The board, by and with the approval of the director, shall
appoint a registrar of contractors and fix his or her compensation.
The registrar shall be the executive officer and secretary of the
board and shall carry out all of the administrative duties as
provided in this chapter and as delegated to him or her by the board.
For the purpose of administration of this chapter, there may be
appointed a deputy registrar, a chief reviewing and hearing officer,
and, subject to Section 159.5, other assistants and subordinates as
may be necessary.
Appointments shall be made in accordance with the provisions of
civil service laws.
This section shall become inoperative on July 1,2009, and, as of
January 1, 2010, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2010, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 107. Section 7200 of the Business and Professions Code is
amended to read:
7200. (a) There is in the Department of Consumer Affairs a State
Board of Guide Dogs for the Blind in whom enforcement of this chapter
is vested. The board shall consist of seven members appointed by the
Governor. One member shall be the Director of Rehabilitation or his
or her designated representative. The remaining members shall be
persons who have shown a particular interest in dealing with the
problems of the blind, and at least two of them shall be blind
persons who use guide dogs.
(b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 108. Section 7215.6 of the Business and Professions Code is
amended to read:
7215.6. (a) In order to provide a procedure for the resolution of
disputes between guide dog users and guide dog schools relating to
the continued physical custody and use of a guide dog, in all cases
except those in which the dog user is the unconditional legal owner
of the dog, the following arbitration procedure shall be established
as a pilot project.
(b) This procedure establishes an arbitration panel for the
settlement of disputes between a guide dog user and a licensed guide
dog school regarding the continued use of a guide dog by the user in
all cases except those in which the dog user is the unconditional
legal owner of the dog. The disputes that may be subject to this
procedure concern differences between the user and school over
whether or not a guide dog should continue to be used, differences
between the user and school regarding the treatment of a dog by the
user, and differences over whether or not a user should continue to
have custody of a dog pending investigation of charges of abuse. It
specifically does not address issues such as admissions to schools,
training practices, or other issues relating to school standards. The
board and its representative are not parties to any dispute
described in this section.
(c) The licensed guide dog schools in California and the board
shall provide to guide dog users graduating from guide dog programs
in these schools a new avenue for the resolution of disputes that
involve continued use of a guide dog, or the actual physical custody
of a guide dog. Guide dog users who are dissatisfied with decisions
of schools regarding continued use of guide dogs may appeal to the
board to convene an arbitration panel composed of all of the
following:
(1) One person designated by the guide dog user.
(2) One person designated by the licensed guide dog school.
(3) A representative of the board who shall coordinate the
activities of the panel and serve as chair.
(d) If the guide dog user or guide dog school wishes to utilize
the arbitration panel, this must be stated in writing to the board.
The findings and decision of the arbitration panel shall be final and
binding. By voluntarily agreeing to having a dispute resolved by the
arbitration panel and subject to its procedures, each party to the
dispute shall waive any right for subsequent judicial review.
(e) A licensed guide dog school that fails to comply with any
provision of this section shall automatically be subject to a penalty
of two hundred fifty dollars ($250) per day for each day in which a
violation occurs. The penalty shall be paid to the board. The license
of a guide dog school shall not be renewed until all penalties have
been paid.
The fine shall be assessed without advance hearing, but the
licensee may apply to the board for a hearing on the issue of whether
the fine should be modified or set aside. This application shall be
in writing and shall be received by the board within 30 days after
service of notice of the fine. Upon receipt of this written request,
the board shall set the matter for hearing within 60 days.
(f) As a general rule, custody of the guide dog shall remain with
the guide dog user pending a resolution by the arbitration panel. In
circumstances where the immediate health and safety of the guide dog
user or guide dog is threatened, the licensed school may take custody
of the dog at once. However, if the dog is removed from the user's
custody without the user's concurrence, the school shall provide to
the board the evidence that caused this action to be taken at once
and without fail; and within five calendar days a special committee
of two members of the board shall make a determination regarding
custody of the dog pending hearing by the arbitration panel.
(g) The arbitration panel shall decide the best means to determine
final resolution in each case. This shall include, but is not
limited to, a hearing of the matter before the arbitration panel at
the request of either party to the dispute, an opportunity for each
party in the dispute to make presentations before the arbitration
panel, examination of the written record, or any other inquiry as
will best reveal the facts of the disputes. In any case, the panel
shall make its findings and complete its examination within 45
calendar days of the date of filing the request for arbitration, and
a decision shall be rendered within 10 calendar days of the
examination.
All arbitration hearings shall be held at sites convenient to the
parties and with a view to minimizing costs. Each party to the
arbitration shall bear its own costs, except that the arbitration
panel, by unanimous agreement, may modify this arrangement.
(h) The board may study the effectiveness of the arbitration panel
pilot project in expediting resolution and reducing conflict in
disputes between guide dog users and guide dog schools and may share
its findings with the Legislature upon request.
(i) This section shall become inoperative on July 1, 2011, and as
of January 1, 2012, is repealed, unless a later enacted statute,
which is enacted before January 1, 2012, deletes or extends that
date.
SEC. 109. Section 7810 of the Business and Professions Code is
amended to read:
7810. The Board for Geologists and Geophysicists is within the
department and is subject to the jurisdiction of the department.
Except as provided in this section, the board shall consist of eight
members, five of whom shall be public members, two of whom shall be
geologists, and one of whom shall be a geophysicist.
Each member shall hold office until the appointment and
qualification of the member's successor or until one year has elapsed
from the expiration of the term for which the member was appointed,
whichever occurs first. Vacancies occurring prior to the expiration
of the term shall be filled by appointment for the remainder of the
unexpired term.
Each appointment shall be for a four-year term expiring June 1 of
the fourth year following the year in which the previous term
expired. No person shall serve as a member of the board for more than
two consecutive terms.
The Governor shall appoint three of the public members and the
three members qualified as provided in Section 7811. The Senate
Committee on Rules and the Speaker of the Assembly shall each appoint
a public member, and their initial appointment shall be made to
fill, respectively, the first and second public member vacancies that
occurred on or after January 1, 1983.
At the time the first vacancy is created by the expiration of the
term of a public member appointed by the Governor, the board shall be
reduced to consist of seven members, four of whom shall be public
members, two of whom shall be geologists, and one of whom shall be a
geophysicist. Notwithstanding any other provision of law, the term of
that member shall not be extended for any reason, except as provided
in this section.
This section shall become inoperative on July 1, 2009, and, as of
January 1, 2010, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2010, deletes or extends
the dates on which it becomes inoperative and is repealed. The repeal
of this section renders the board subject to the review required by
Division 1.2 (commencing with Section 473).
SEC. 110. Section 7815.5 of the Business and Professions Code is
amended to read:
7815.5. The board may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board and
vested in him or her by this chapter.
This section shall become inoperative on July 1, 2009, and, as of
January 1, 2010, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2010, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 111. Section 8000 of the Business and Professions Code is
amended to read:
8000. There is in the Department of Consumer Affairs a Court
Reporters Board of California, which consists of five members, three
of whom shall be public members and two of whom shall be holders of
certificates issued under this chapter who have been actively engaged
as shorthand reporters within this state for at least five years
immediately preceding their appointment.
This section shall become inoperative on July 1, 2009, and, as of
January 1, 2010, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2010, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 112. Section 8710 of the Business and Professions Code is
amended to read:
8710. (a) The Board for Professional Engineers and Land Surveyors
is vested with power to administer the provisions and requirements
of this chapter, and may make and enforce rules and regulations that
are reasonably necessary to carry out its provisions.
(b) The board may adopt rules and regulations of professional
conduct that are not inconsistent with state and federal law. The
rules and regulations may include definitions of incompetence and
negligence. Every person who holds a license or certificate issued by
the board pursuant to this chapter, or a license or certificate
issued to a civil engineer pursuant to Chapter 7 (commencing with
Section 6700), shall be governed by these rules and regulations.
(c) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
The repeal of this section shall render the board subject to the
review required by Division 1.2 (commencing with Section 473).
SEC. 113. Section 8729 of the Business and Professions Code is
amended to read:
8729. (a) This chapter does not prohibit one or more licensed
land surveyors or civil engineers licensed in this state prior to
1982 (hereinafter called civil engineers) from practicing or offering
to practice within the scope of their licensure, land surveying as a
sole proprietorship, partnership, firm, or corporation (hereinafter
called business), if the following conditions are satisfied:
(1) A land surveyor or civil engineer currently licensed in the
state is an owner, partner, or officer in charge of the land
surveying practice of the business.
(2) All land surveying services are performed by or under the
responsible charge of a land surveyor or civil engineer.
(3) If the business name of a California land surveying business
contains the name of a person, then that person shall be licensed by
the board as a land surveyor or licensed by the board in any year as
a civil engineer. Any offer, promotion, or advertisement by the
business that contains the name of any individual in the business,
other than by use of the name of the individual in the business name,
shall clearly and specifically designate the license discipline of
each individual named.
(b) An out-of-state business with a branch office in this state
shall meet the requirements of subdivision (a) and shall have an
owner, partner, or officer who is in charge of the land surveying
work in this state, who is licensed in this state, and who is
physically present at the branch office in this state on a regular
basis. However, the name of the business may contain the name of a
person not licensed in this state, if that person is appropriately
licensed or registered in another state. Any offer, promotion, or
advertisement that contains the name of any individual in the
business, other than by use of the name of the individual in the
business name, shall clearly and specifically designate the license
or registration discipline of each individual named.
(c) The business name of a California land surveying business may
be a fictitious name. However, if the fictitious name includes the
names of any person, the requirements of paragraph (3) of subdivision
(a) shall be met.
(d) A person not licensed under this chapter or licensed as a
civil engineer in this state prior to 1982 may also be a partner or
an officer of a land surveying business if the conditions of
subdivision (a) are satisfied. Nothing in this section shall be
construed to permit a person who is not licensed under this chapter
or licensed as a civil engineer in this state prior to 1982 to be the
sole owner or office of a land surveying business, unless otherwise
exempt under this chapter.
(e) This chapter does not prevent an individual or business
engaged in any line of endeavor, other than the practice of land
surveying, from employing or contracting with a licensed land
surveyor or a licensed civil engineer to perform the respective land
surveying services incidental to the conduct of business.
(f) This section shall not prevent the use of the name of any
business engaged in rendering land surveying services, including the
use by any lawful successor or survivor, that lawfully was in
existence on June 1, 1941. However, the business is subject to the
provisions of paragraphs (1) and (2) of subdivision (a).
(g) A business engaged in rendering land surveying services may
use in its name the name of a deceased or retired person if the
following conditions are satisfied:
(1) The person's name had been used in the name of the business,
or a predecessor in interest of the business, prior to the death or
retirement of the person.
(2) The person shall have been an owner, partner, or officer of
the business, or an owner, partner, or officer of the predecessor in
interest of the business.
(3) The person shall have been licensed as a land surveyor or a
civil engineer by the board, if operating a place of business or
practice in this state, or by an applicable state board in the event
no place of business existed in this state.
(4) The person, if retired, has consented to the use of the name
and does not permit the use of the name in the title of another land
surveying business in this state during the period of that consent,
except that a retired person may use his or her name as the name of a
new or purchased business, if that business is not identical in
every respect to that person's name as used in the former business.
(5) The business shall be subject to paragraphs (1) and (2) of
subdivision (a).
(h) This section does not affect Sections 6731.2 and 8726.1.
(i) A current organization record form shall be filed with the
board for all businesses engaged in rendering professional land
surveying services.
SEC. 114. Section 8740 of the Business and Professions Code is
amended to read:
8740. (a) An application for each division of the examination for
a license as a land surveyor shall be made to the board on the form
prescribed by it, with all statements therein made under oath, and
shall be accompanied by the application fee fixed by this chapter.
(b) The board may authorize an organization specified by the board
pursuant to Section 8747 to receive directly from applicants payment
of the examination fees charged by that organization as payment for
examination materials and services.
SEC. 115. Section 8745 of the Business and Professions Code is
amended to read:
8745. Examinations for license shall be held at such times and at
such places within the state as determined by board rule.
The scope of examinations and the method of procedure shall be
prescribed by board rule.
The board may make arrangements with a public or private
organization to conduct the examination. The board may contract with
a public or private organization for materials or services related to
the examination.
SEC. 116. Section 22251 of the Business and Professions Code is
amended to read:
22251. For the purposes of this chapter, the following words have
the following meanings:
(a) (1) Except as otherwise provided in paragraph (2), "tax
preparer" includes:
(A) A person who, for a fee or for other consideration, assists
with or prepares tax returns for another person or who assumes final
responsibility for completed work on a return on which preliminary
work has been done by another person, or who holds himself or herself
out as offering those services. A person engaged in that activity
shall be deemed to be a separate person for the purposes of this
chapter, irrespective of affiliation with, or employment by, another
tax preparer.
(B) A corporation, partnership, association, or other entity that
has associated with it persons not exempted under Section 22258,
which persons shall have as part of their responsibilities the
preparation of data and ultimate signatory authority on tax returns
or that holds itself out as offering those services or having that
authority.
(2) Notwithstanding paragraph (1), "tax preparer" does not
include an employee who, as part of the regular clerical duties of
his or her employment, prepares his or her employer's income, sales,
or payroll tax returns.
(b) "Tax return" means a return, declaration, statement, refund
claim, or other document required to be made or filed in connection
with state or federal income taxes or state bank and corporation
franchise taxes.
(c) An "approved curriculum provider," for purposes of basic
instruction as described in subdivision (a) of Section 22255, and
continuing education as described in subdivision (b) of Section
22255, is one who has been approved by the council as defined in
subdivision (d). A curriculum provider who is approved by the tax
education council is exempt from Chapter 7 (commencing with Section
94700) of Part 59 of Division 10 of the Education Code.
(d) "Council" means the California Tax Education Council that is a
single organization made up of not more than one representative from
each professional society, association, or other entity operating as
a nonprofit corporation that chooses to participate in the council
and that represents tax preparers, enrolled agents, attorneys, or
certified public accountants with a membership in California of at
least 200 for the last three years, and not more than one
representative from each for-profit tax preparation corporation that
chooses to participate in the council and that has at least 200
employees and has been operating in California for the last three
years. The council shall establish a process by which six individuals
who are tax preparers pursuant to Section 22255 are appointed to the
council with full voting privileges to serve terms as determined by
the council, with their initial terms being served on a staggered
basis. A person exempt from the requirements of this chapter pursuant
to Section 22258 is not eligible for appointment to the council,
other than an employee of an individual in an exempt category.
(e) "Client" means an individual for whom a tax preparer performs
or agrees to perform tax preparation services.
(f) "Refund anticipation loan" means a loan, whether provided by
the tax preparer or another entity, such as a financial institution,
in anticipation of, and whose payment is secured by, a client's
federal or state income tax refund or by both.
(g) "Refund anticipation loan fee schedule" means a list or table
of refund anticipation loan fees that includes three or more
representative refund anticipation loan amounts. The schedule shall
separately list each fee or charge imposed, as well as a total of all
fees imposed, related to the making of a refund anticipation loan.
The schedule shall also include, for each representative loan amount,
the estimated annual percentage rate calculated under the guidelines
established by the federal Truth in Lending Act (15 U.S.C. Sec. 1601
and following).
SEC. 117. Section 44876 of the Education Code is amended to read:
44876. (a) The qualifications for a dental hygienist shall be a
valid certificate issued by the Board of Dental Examiners of
California and either a health and development credential, a standard
designated services credential with a specialization in health, or a
services credential with a specialization in health.
(b) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 118. Section 44876 is added to the Education Code, to read:
44876. (a) The qualifications for a dental hygienist shall be a
valid license issued by the California Dental Hygiene Bureau or by
the Dental Board of California and either a health and development
credential, a standard designated services credential with a
specialization in health, or a services credential with a
specialization in health.
(b) This section shall become operative on January 1, 2008.
SEC. 119. Section 1348.8 of the Health and Safety Code is amended
to read:
1348.8. (a) Every health care service plan that provides,
operates, or contracts for, telephone medical advice services to its
enrollees and subscribers shall do all of the following:
(1) Ensure that the in-state or out-of-state telephone medical
advice service is registered pursuant to Chapter 15 (commencing with
Section 4999) of Division 2 of the Business and Professions Code.
(2) Ensure that the staff providing telephone medical advice
services for the in-state or out-of-state telephone medical advice
service are licensed as follows:
(A) For full service health care service plans, the staff hold a
valid California license as a registered nurse or a valid license in
the state within which they provide telephone medical advice services
as a physician and surgeon or physician assistant, and are operating
in compliance with the laws governing their respective scopes of
practice.
(B) (i) For specialized health care service plans providing,
operating, or contracting with a telephone medical advice service in
California, the staff shall be appropriately licensed, registered, or
certified as a physician and surgeon pursuant to Chapter 5
(commencing with Section 2000) of Division 2 of the Business and
Professions Code or the Osteopathic Initiative Act, as a registered
nurse pursuant to Chapter 6 (commencing with Section 2700) of
Division 2 of the Business and Professions Code, as a dentist
pursuant to Chapter 4 (commencing with Section 1600) of Division 2 of
the Business and Professions Code, as a dental hygienist pursuant to
Article 7 (commencing with Section 1740) of Chapter 4 of Division 2
of the Business and Professions Code, as a psychologist pursuant to
Chapter 6.6 (commencing with Section 2900) of Division 2 of the
Business and Professions Code, as a marriage and family therapist
pursuant to Chapter 13 (commencing with Section 4980) of Division 2
of the Business and Professions Code, as a licensed clinical social
worker pursuant to Chapter 14 (commencing with Section 4990) of
Division 2 of the Business and Professions Code, as an optometrist
pursuant to Chapter 7 (commencing with Section 3000) of Division 2 of
the Business and Professions Code, or as a chiropractor pursuant to
the Chiropractic Initiative Act, and operating in compliance with the
laws governing their respective scopes of practice.
(ii) For specialized health care service plans providing,
operating, or contracting with an out-of-state telephone medical
advice service, the staff shall be health care professionals, as
identified in clause (i), who are licensed, registered, or certified
in the state within which they are providing the telephone medical
advice services and are operating in compliance with the laws
governing their respective scopes of practice. All registered nurses
providing telephone medical advice services to both in-state and
out-of-state business entities registered pursuant to this chapter
shall be licensed pursuant to Chapter 6 (commencing with Section
2700) of Division 2 of the Business and Professions Code.
(3) Ensure that every full service health care service plan
provides for a physician and surgeon who is available on an on-call
basis at all times the service is advertised to be available to
enrollees and subscribers.
(4) Ensure that staff members handling enrollee or subscriber
calls, who are not licensed, certified, or registered as required by
paragraph (2), do not provide telephone medical advice. Those staff
members may ask questions on behalf of a staff member who is
licensed, certified, or registered as required by paragraph (2), in
order to help ascertain the condition of an enrollee or subscriber so
that the enrollee or subscriber can be referred to licensed staff.
However, under no circumstances shall those staff members use the
answers to those questions in an attempt to assess, evaluate, advise,
or make any decision regarding the condition of an enrollee or
subscriber or determine when an enrollee or subscriber needs to be
seen by a licensed medical professional.
(5) Ensure that no staff member uses a title or designation when
speaking to an enrollee or subscriber that may cause a reasonable
person to believe that the staff member is a licensed, certified, or
registered professional described in Section 4999.2 unless the staff
member is a licensed, certified, or registered professional.
(6) Ensure that the in-state or out-of-state telephone medical
advice service designates an agent for service of process in
California and files this designation with the director.
(7) Requires that the in-state or out-of-state telephone medical
advice service makes and maintains records for a period of five years
after the telephone medical advice services are provided, including,
but not limited to, oral or written transcripts of all medical
advice conversations with the health care service plan's enrollees or
subscribers in California and copies of all complaints. If the
records of telephone medical advice services are kept out of state,
the health care service plan shall, upon the request of the director,
provide the records to the director within 10 days of the request.
(8) Ensure that the telephone medical advice services are
provided consistent with good professional practice.
(b) The director shall forward to the Department of Consumer
Affairs, within 30 days of the end of each calendar quarter, data
regarding complaints filed with the department concerning telephone
medical advice services.
(c) For the purposes of this section, "telephone medical advice"
means a telephonic communication between a patient and a health care
professional in which the health care professional's primary function
is to provide to the patient a telephonic response to the patient's
questions regarding his or her or a family member's medical care or
treatment. "Telephone medical advice" includes assessment,
evaluation, or advice provided to patients or their family members.
(d) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 120. Section 1348.8 is added to the Health and Safety Code,
to read:
1348.8. (a) Every health care service plan that provides,
operates, or contracts for, telephone medical advice services to its
enrollees and subscribers shall do all of the following:
(1) Ensure that the in-state or out-of-state telephone medical
advice service is registered pursuant to Chapter 15 (commencing with
Section 4999) of Division 2 of the Business and Professions Code.
(2) Ensure that the staff providing telephone medical advice
services for the in-state or out-of-state telephone medical advice
service are licensed as follows:
(A) For full service health care service plans, the staff hold a
valid California license as a registered nurse or a valid license in
the state within which they provide telephone medical advice services
as a physician and surgeon or physician assistant, and are operating
in compliance with the laws governing their respective scopes of
practice.
(B) (i) For specialized health care service plans providing,
operating, or contracting with a telephone medical advice service in
California, the staff shall be appropriately licensed, registered, or
certified as a physician and surgeon pursuant to Chapter 5
(commencing with Section 2000) of Division 2 of the Business and
Professions Code or the Osteopathic Initiative Act, as a registered
nurse pursuant to Chapter 6 (commencing with Section 2700) of
Division 2 of the Business and Professions Code, as a dentist or a
dental hygienist pursuant to Chapter 4 (commencing with Section 1600)
of Division 2 of the Business and Professions Code, as a
psychologist pursuant to Chapter 6.6 (commencing with Section 2900)
of Division 2 of the Business and Professions Code, as a marriage and
family therapist pursuant to Chapter 13 (commencing with Section
4980) of Division 2 of the Business and Professions Code, as a
licensed clinical social worker pursuant to Chapter 14 (commencing
with Section 4990) of Division 2 of the Business and Professions
Code, as an optometrist pursuant to Chapter 7 (commencing with
Section 3000) of Division 2 of the Business and Professions Code, or
as a chiropractor pursuant to the Chiropractic Initiative Act, and
operating in compliance with the laws governing their respective
scopes of practice.
(ii) For specialized health care service plans providing,
operating, or contracting with an out-of-state telephone medical
advice service, the staff shall be health care professionals, as
identified in clause (i), who are licensed, registered, or certified
in the state within which they are providing the telephone medical
advice services and are operating in compliance with the laws
governing their respective scopes of practice. All registered nurses
providing telephone medical advice services to both in-state and
out-of-state business entities registered pursuant to this chapter
shall be licensed pursuant to Chapter 6 (commencing with Section
2700) of Division 2 of the Business and Professions Code.
(3) Ensure that every full service health care service plan
provides for a physician and surgeon who is available on an on-call
basis at all times the service is advertised to be available to
enrollees and subscribers.
(4) Ensure that staff members handling enrollee or subscriber
calls, who are not licensed, certified, or registered as required by
paragraph (2), do not provide telephone medical advice. Those staff
members may ask questions on behalf of a staff member who is
licensed, certified, or registered as required by paragraph (2), in
order to help ascertain the condition of an enrollee or subscriber so
that the enrollee or subscriber can be referred to licensed staff.
However, under no circumstances shall those staff members use the
answers to those questions in an attempt to assess, evaluate, advise,
or make any decision regarding the condition of an enrollee or
subscriber or determine when an enrollee or subscriber needs to be
seen by a licensed medical professional.
(5) Ensure that no staff member uses a title or designation when
speaking to an enrollee or subscriber that may cause a reasonable
person to believe that the staff member is a licensed, certified, or
registered professional described in Section 4999.2 unless the staff
member is a licensed, certified, or registered professional.
(6) Ensure that the in-state or out-of-state telephone medical
advice service designates an agent for service of process in
California and files this designation with the director.
(7) Requires that the in-state or out-of-state telephone medical
advice service makes and maintains records for a period of five years
after the telephone medical advice services are provided, including,
but not limited to, oral or written transcripts of all medical
advice conversations with the health care service plan's enrollees or
subscribers in California and copies of all complaints. If the
records of telephone medical advice services are kept out of state,
the health care service plan shall, upon the request of the director,
provide the records to the director within 10 days of the request.
(8) Ensure that the telephone medical advice services are
provided consistent with good professional practice.
(b) The director shall forward to the Department of Consumer
Affairs, within 30 days of the end of each calendar quarter, data
regarding complaints filed with the department concerning telephone
medical advice services.
(c) For the purposes of this section, "telephone medical advice"
means a telephonic communication between a patient and a health care
professional in which the health care professional's primary function
is to provide to the patient a telephonic response to the patient's
questions regarding his or her or a family member's medical care or
treatment. "Telephone medical advice" includes assessment,
evaluation, or advice provided to patients or their family members.
(d) This section shall become operative on January 1, 2008.
SEC. 121. Section 128160 of the Health and Safety Code is amended
to read:
128160. (a) Pilot projects may be approved in the following
fields:
(1) Expanded role medical auxiliaries.
(2) Expanded role nursing.
(3) Expanded role dental auxiliaries.
(4) Maternal child care personnel.
(5) Pharmacy personnel.
(6) Mental health personnel.
(7) Other health care personnel including, but not limited to,
veterinary personnel, chiropractic personnel, podiatric personnel,
geriatric care personnel, therapy personnel, and health care
technicians.
(b) Projects that operate in rural and central city areas shall
be given priority.
(c) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.
SEC. 122. Section 128160 is added to the Health and Safety Code,
to read:
128160. (a) Pilot projects may be approved in the following
fields:
(1) Expanded role medical auxiliaries.
(2) Expanded role nursing.
(3) Expanded role dental auxiliaries, dental hygienists, dental
hygienists in alternative practice, or dental hygienists is extended
functions.
(4) Maternal child care personnel.
(5) Pharmacy personnel.
(6) Mental health personnel.
(7) Other health care personnel including, but not limited to,
veterinary personnel, chiropractic personnel, podiatric personnel,
geriatric care personnel, therapy personnel, and health care
technicians.
(b) Projects that operate in rural and central city areas shall
be given priority.
(c) This section become operative on January 1, 2008.
SEC. 123. (a) Sections 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
14.2, 14.4, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 78, 79, 80, 81, 117,
118, 119, 120, 121, and 122 of this bill shall only become operative
if AB 1472 is enacted and becomes effective on or before January 1,
2007, and this bill is enacted after AB 1472.
(b) Section 17.5 of this bill shall only become operative if AB
1472 is enacted and becomes effective on or before January 1, 2007,
and this bill is enacted after AB 1472, in which case Section 17 of
this bill shall not become operative.
SEC. 124. Section 2.5 of this bill incorporates amendments to
Section 101 of the Business and Professions Code proposed by both
this bill and AB 2821. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2007,
(2) each bill amends Section 101 of the Business and Professions
Code, (3) SB 1472 is enacted and amends Section 101 of the Business
and Professions Code, and (4) this bill is enacted after AB 2821 and
SB 1472, in which case Section 2 of this bill shall not become
operative.
SEC. 125. 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.