BILL NUMBER: AB 1137 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 4, 2007
AMENDED IN ASSEMBLY MAY 8, 2007
AMENDED IN ASSEMBLY APRIL 30, 2007
AMENDED IN ASSEMBLY APRIL 16, 2007
AMENDED IN ASSEMBLY MARCH 27, 2007
INTRODUCED BY Assembly Member Eng
(Principal coauthor: Senator Ridley-Thomas)
FEBRUARY 23, 2007
An act to amend Section 101 of, to amend, renumber, and add
Sections 1000, 1001, 1002, 1003, 1004, and 1005 of, and to add
Sections 1006, 1006.5, 1007, 1008, 1009, 1010, 1011, 1012, 1012.5,
1013, 1014, 1015, 1016, 1017, 1018, 1018.5, and 1019 to, the Business
and Professions Code, and to amend an initiative act entitled "An
act prescribing the terms upon which licenses may be issued to
practitioners of chiropractic, creating the State Board of
Chiropractic Examiners state board of chiropractic
examiners and declaring its powers and duties, prescribing
penalties for violation thereof, and repealing all acts and parts of
acts inconsistent therewith" approved by electors November 7, 1922,
by amending Sections 1, 2, 3, 4, 6, and 14 thereof and adding
Section Sections 1.5, 6.5, 11, and 18.5
thereto, relating to chiropractors.
LEGISLATIVE COUNSEL'S DIGEST
AB 1137, as amended, Eng. Chiropractors.
Existing law, the Chiropractic Act, enacted by initiative,
provides for the licensing and regulation of chiropractors by the
State Board of Chiropractic Examiners, which is composed of 7 members
appointed by the Governor. Under the act, the board is required to
employ an executive officer. Existing law establishes the Department
of Consumer Affairs in the State and Consumer Services Agency, and
the department is composed of various boards that regulate members of
professions, including the healing arts and vocations.
This bill would include the board in the Department of Consumer
Affairs. The bill would reduce the number of members appointed by the
Governor to 5, including 2 public members, and would specify that 1
public member be appointed by the Senate Committee on Rules and 1
public member by the Speaker of the Assembly, and would require the
members appointed by the Governor to be confirmed by the Senate. The
bill would exempt the executive officer from civil service and would
specify that other employees of the board are subject to those
provisions. The bill would also specify that protection of the public
is the highest priority of the board. The bill would provide that
the Attorney General be legal counsel for the board, and that the
board be subject to specified meeting and disclosure requirements and
procedures for disciplinary actions. The bill would also require
that all appropriations from the State Board of Chiropractic
Examiners' Fund be made by the Legislature in the annual Budget Act.
The bill would allow the Legislature to amend the act by a majority
vote.
Because the bill would amend an initiative act, the bill would
require certain of its provisions be submitted to the voters for
approval on the June 3, 2008, primary election ballot .
The bill would also codify the provisions of the Chiropractic Act, as
amended by this act, which codification would be operative only if
the amendments to the initiative act are approved by the voters.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The voters of California approved an initiative measure at the
General Election held on November 7, 1922, that authorized the
practice of chiropractic in California and created the State Board of
Chiropractic Examiners to regulate the chiropractic profession in
the public interest.
(b) Because that act is an initiative statute with no provision
for its amendment by the Legislature, subdivision (c) of Section 10
of Article II of the California Constitution requires that it be
amended only by way of another statute approved by the voters.
(c) The inability of the legislative branch of state government to
amend the initiative statute governing the State Board of
Chiropractic Examiners has prevented it from exercising the same
level of oversight, checks and balances, spending review, and public
accountability that apply to other boards that regulate health care
professions, including physicians and surgeons, osteopathic
physicians, nurses, pharmacists, and acupuncturists.
(d) Practitioners of chiropractic have become confused by court
decisions, including Tain v. Board of Chiropractic Examiners (2005)
130 Cal.App.4th 609, that held that Section 7 of the Chiropractic Act
limits authorized chiropractic healing practices to those taught in
chiropractic schools at the time of the enactment of the act in 1922,
and that authorization may not be enlarged by any changes to the
curriculum of those schools.
(e) The Legislature has attempted to apply to chiropractors
numerous provisions of the Business and Professions Code that
currently apply to other health care professions, including Sections
650 and 1005, the validity of which is unclear under subdivision (c)
of Section 10 of Article II of the California Constitution.
(f) The practice of chiropractic merits the same level of
executive and legislative branch oversight as the practices of
medicine, nursing, podiatric medicine, optometry, and pharmacy.
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.
() 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.
(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)
(a ) The Osteopathic Medical Board of
California.
(am) The Bureau of Naturopathic Medicine.
(an) The State Board of Chiropractic Examiners.
(ao) Any other boards, offices, or officers subject to its
jurisdiction by law.
SEC. 3. Section 1000 of the Business and Professions Code is
amended and renumbered to read:
1030. The law governing practitioners of chiropractic is found in
this chapter and in an initiative act entitled "An act prescribing
the terms upon which licenses may be issued to practitioners of
chiropractic, creating the State Board of Chiropractic Examiners and
declaring its powers and duties, prescribing penalties for violation
hereof, and repealing all acts and parts of acts inconsistent
herewith," adopted by the electors November 7, 1922.
SEC. 4. Section 1000 is added to the Business and Professions
Code, to read:
1000. A board is hereby created to be known as the "State Board
of Chiropractic Examiners," hereinafter referred to as the board. The
board shall consist of seven members. Five members shall be
appointed by the Governor, subject to confirmation by the Senate, two
of whom shall be public members. The Senate Committee on Rules and
the Speaker of the Assembly shall each appoint one public member.
Each member shall be a citizen of the United States and shall have
been a resident of California for five years. Each licensee member
shall have had at least five years of licensure in this state prior
to appointment. Each licensee member must have pursued a resident
course in an approved chiropractic school or college, and must be a
graduate thereof and hold a diploma therefrom.
Not more than two persons shall serve simultaneously as members of
the board, whose first diplomas were issued by the same school or
college of chiropractic, nor shall more than two members be residents
of any one county of the state. And no person who is , or
within one year of the proposed appointment has been , an
administrator, policy board member, or paid employee of any
chiropractic school or college shall be eligible for appointment to
the board. Each member of the board shall receive a per diem in the
amount provided in Section 103 for each day during which he or she is
actually engaged in the discharge of his or her duties, together
with his or her actual and necessary travel expenses incurred in
connection with the performance of the duties of his or her office,
and the per diem, travel expenses and other incidental expenses of
the board or of its members shall be paid out of the funds of the
board hereinafter defined and not from the state's taxes.
The Legislature may, upon review, repeal this section and
reconstitute the board.
SEC. 5. Section 1001 of the Business and Professions Code is
amended and renumbered to read:
1031. In each year, the State Board of Chiropractic Examiners
shall compile and may thereafter publish and sell a complete
directory of all persons within the state who hold unforfeited and
unrevoked certificates to practice chiropractic, and whose
certificate in any manner authorizes the treatment of human beings
for diseases, injuries, deformities, or any other physical or mental
conditions.
The directory shall contain:
(a) The following information concerning each such person:
1.
(1) The name and address of the person.
2.
(2) The names and symbols indicating his or her title.
3.
(3) The school, attendance at which qualified him or
her for examination or admission to practice.
4.
(4) The date of the issuance of his or her certificate.
(b) The annual report of the board for the prior year.
(c) Information relating to other laws of this state and the
United States that the board determines to be of interest to persons
licensed to practice chiropractic.
(d) Copies of opinions of the Attorney General relating to the
practice of chiropractic.
(e) A copy of the provisions of this chapter.
The board may require the persons designated in this section to
furnish information as it may deem necessary to enable it to compile
the directory. Every person so designated shall report immediately
each and every change of residence, giving both his or her old and
new address.
The directory shall be evidence of the right of the persons named
in it to practice unless his or her certificate to practice
chiropractic has been canceled, suspended or revoked. The board may
collect from each person who voluntarily subscribes to or purchases a
copy of the directory the cost of publication and distribution
thereof; except that one copy of the directory shall be distributed
without charge to each certificate holder of the board.
SEC. 6. Section 1001 is added to the Business and Professions
Code, to read:
1001. Protection of the public shall be the highest priority for
the board in exercising its licensing, regulatory, and disciplinary
functions. Whenever the protection of the public is inconsistent with
the other interests sought to be promoted, the protection of the
public shall be paramount.
SEC. 7. Section 1002 of the Business and Professions Code is
amended and renumbered to read:
1032. Whenever any person has engaged in or is about to engage in
any acts or practices that constitute or will constitute an offense
against this chapter or rules or regulations adopted pursuant to this
chapter, the superior court of any county, on application of the
State Board of Chiropractic Examiners, or on application of 10 or
more licensees of the State Board of Chiropractic Examiners may issue
an injunction or other appropriate order restraining that conduct.
Proceedings under this section shall be governed by Chapter 3
(commencing with Section 525) of Title 7 of Part 2 of the Code of
Civil Procedure.
SEC. 8. Section 1002 is added to the Business and Professions
Code, to read:
1002. Each appointment to the board shall be for the term of four
years, except that an appointment to fill a vacancy shall be for the
unexpired term only. Each member shall serve until his or her
successor has been appointed and qualified or until one year has
elapsed since the expiration of his or her term whichever first
occurs. No person shall serve more than two consecutive terms on the
board nor be eligible for appointment thereafter until the expiration
of four years from the expiration of the second consecutive term,
effective January 2, 1974. The Governor may remove a member from the
board after receiving sufficient proof of the inability or misconduct
of the member.
SEC. 9. Section 1003 of the Business and Professions Code is
amended and renumbered to read:
1033. (a) Except as otherwise allowed by law, the employment of
runners, cappers, steerers, or other persons to procure patients
constitutes unprofessional conduct.
(b) A licensee of the State Board of Chiropractic Examiners shall
have his or her license to practice revoked for a period of 10 years
upon a second conviction for violating any of the following
provisions or upon being convicted of more than one count of
violating any of the following provisions in a single case: Section
650 of this code, Section 750 or 1871.4 of the Insurance Code, or
Section 549 or 550 of the Penal Code. After the expiration of this
10-year period, an application for license reinstatement may be made
pursuant to subdivision (c) of Section 1010.
SEC. 10. Section 1003 is added to the Business and Professions
Code, to read:
1003. The board shall elect a chairman and a vice chairman and a
secretary to be chosen from the members of the board. The board shall
appoint a person exempt from civil service, by and with the approval
of the Director of Consumer Affairs, to be designated as an
executive officer. Elections of the officers shall occur annually at
the January meeting of the board. A majority of the board shall
constitute a quorum.
It shall require the affirmative vote of four members of the board
to carry any motion or resolution, to adopt any rule, or to
authorize the issuance of any license provided for in this chapter.
The executive officer shall receive a salary to be fixed by the
board, with the approval of the Director of Finance, together with
his or her actual and necessary traveling expenses incurred in
connection with the performance of the duties of his or her office,
and shall give bond to the state in a sum and with such sureties as
the board may deem proper. He or she shall keep a record of the
proceedings of the board, which shall at times during business hours
be open to the public for inspection. He or she shall keep a true and
accurate account of all funds received and of all expenditures
incurred or authorized by the board, and on the first day of December
of each year he or she shall file with the Governor , or
his or her designee, a report of all receipts and disbursements and
of the proceedings of the board for the preceding fiscal year.
SEC. 11. Section 1004 of the Business and Professions Code is
amended and renumbered to read:
1034. The State Board of Chiropractic Examiners shall investigate
any licensee against whom an information or indictment has been
filed that alleges a violation of Section 550 of the Penal Code or
Section 1871.4 of the Insurance Code, if the district attorney does
not otherwise object to initiating an investigation.
SEC. 12. Section 1004 is added to the Business and Professions
Code, to read:
1004. Powers of board. The board shall have power:
(a) To adopt a seal, which shall be affixed to all licenses issued
by the board.
(b) To adopt from time to time rules and regulations as the board
may deem proper and necessary for the performance of its work, the
effective enforcement and administration of this chapter, the
establishment of educational requirements for license renewal, and
the protection of the public. These rules and regulations shall be
adopted, amended, repealed and established in accordance with the
provisions of Chapter 4.5 (commencing with Section 11400) of Part 1
of Division 3 of Title 2 of the Government Code as it now reads or as
it may be hereafter amended by the Legislature.
(c) To examine applicants and to issue and revoke licenses to
practice chiropractic, as provided in this chapter.
(d) To summon witnesses and to take testimony as to matters
pertaining to its duties; and each member shall have power to
administer oaths and take affidavits.
(e) To do any and all things necessary or incidental to the
exercise of the powers and duties granted or imposed by this chapter.
(f) To determine minimum requirements for teachers in chiropractic
schools and colleges.
(g) To approve chiropractic schools and colleges whose graduates
may apply for licenses in this state. The following shall be eligible
for approval:
(1) Any chiropractic school or college having status with the
accrediting agency and meeting the requirements of Section 1005 and
the rules and regulations adopted by the board.
(2) Any chiropractic school or college initially commencing
instruction prior to November 2, 1976, provided that the school or
college meets the requirements of Section 1005 and the rules and
regulations adopted by the board and provided that the school or
college attained status with the accrediting agency within a time
period commencing on November 7, 1978, and ending March 1, 1980.
(3) Any chiropractic school or college initially commencing
instruction subsequent to November 2, 1976, provided that the school
or college meets the requirements of Section 1005 and the rules and
regulations adopted by the board and provided that the school or
college attains status with the accrediting agency within a time
period not exceeding three years following the commencement of
instruction.
Upon submission of evidence satisfactory to the board that the
accrediting agency has unreasonably denied status to a chiropractic
school or college approved under paragraph (2) or (3) of this
subdivision by not considering the application for status submitted
by that school or college in a timely manner, by denying the
application for status submitted by that school or college without
good cause, or by imposing arbitrary and capricious additional
requirements upon that school or college as conditions for the
attainment of status, the board shall grant an extension of the time
period for the attainment of status specified in the paragraph under
which that school or college is approved, as it applies to that
school or college, of at least six months but no more than one year.
Prior to the expiration of the extension or of any additional
extension the board grants, the board shall determine whether that
school or college has been unreasonably denied status by the
accrediting agency for any of the reasons specified in the
immediately preceding sentence during the extension. Should the board
determine that unreasonable denial of status during the extension
has occurred, the board shall grant an additional extension of the
time period for the attainment of status, as it applies to that
school or college, of at least six months but no more than one year.
As
(h) As used in this section,
"accrediting agency" means (1) the Accrediting Commission of the
Council on Chiropractic Education, other chiropractic school and
college accrediting agencies as may be recognized by the United
States Commissioner of Education, or chiropractic school and college
accrediting agencies employing equivalent standards for accreditation
as determined by the board, (2) if the commission ceases to exist or
ceases to be recognized by the commissioner, a chiropractic school
and college accrediting agency as may be designated by the board or
chiropractic school and college accrediting agencies employing
equivalent standards for accreditation as determined by the board, or
(3) if the commission ceases to exist or ceases to be recognized by
the commissioner, no other accrediting agency is recognized by the
commissioner, and no accrediting agency is acceptable to the board,
the board.
As used in this section, "status" means correspondent status,
status as a recognized candidate for accreditation, accredited
status, or other similar status as may be adopted and used by the
accrediting agency.
As used in this section, "in a timely manner" means within the
time deadlines as may be established by the accrediting agency for
submission of applications, consideration of applications submitted,
acceptance or rejection of applications submitted, and other similar
functions, as those time deadlines are interpreted by the board.
As used in this section, "without good cause" means not in
accordance with rules and regulations that may be established by the
accrediting agency as conditions for the attainment of status, as
those rules and regulations are interpreted by the board.
As used in this section, "arbitrary and capricious additional
requirements" means requirements that may be imposed by the
accrediting agency as conditions for the attainment of status during
the time period specified for the attainment of status by a
chiropractic school or college that, in the board's judgment, cannot
be satisfied within the time period or do not serve to improve the
educational standards or quality of the school or college.
(h)
(i) The board may employ any investigators, clerical
assistants, commissioners on examination, and other employees as it
may deem necessary to carry into effect the provisions of this
chapter, and shall prescribe the duties of those employees. Persons
employed pursuant to this subdivision shall be subject to the State
Civil Service Act (Part 2 (commencing with Section 18500) of Division
5 of Title 5 of the Government Code).
SEC. 13. Section 1005 of the Business and Professions Code is
amended and renumbered to read:
1035. The provisions of Sections 12.5, 23.9, 29.5, 30, 31, 35,
104, 114, 115, 119, 121, 121.5, 125, 125.6, 136, 137, 140, 141, 143,
163.5, 461, 462, 475, 480, 484, 485, 487, 489, 490, 490.5, 491, 494,
495, 496, 498, 499, 510, 511, 512, 701, 702, 703, 704, 710, 716,
730.5, 731, and 851 are applicable to persons licensed by the State
Board of Chiropractic Examiners.
SEC. 14. Section 1005 is added to the Business and Professions
Code, to read:
1005. It shall be unlawful for any person to practice
chiropractic in this state without a license to do so. Any person
wishing to practice chiropractic in this state shall make application
to the board 45 days prior to any meeting thereof, in a form and
manner provided by the board. Proof of graduation from an approved
chiropractic school or college, as defined in Section 1004, shall be
received by the board 15 days prior to any meeting of the board. Each
application shall be accompanied by a license fee of not more than
one hundred dollars ($100), as determined by the board. Except as
otherwise provided in this chapter, each applicant shall present to
the board at the time of making an application a diploma from a high
school and a transcript of 60 prechiropractic college credits
satisfactory to the board, or proof, satisfactory to the board, of
education equivalent in training power to such high school and
college courses.
The schedule of minimum educational requirements to enable any
person to practice chiropractic in this state shall be as provided in
Section 5 of the Chiropractic Act, except as otherwise provided in
this chapter.
Any applicant who had matriculated at a chiropractic college prior
to the effective date of the amendments to Section 5 of the
Chiropractic Act submitted to the electors by the 1977-1978
1977-78 Regular Session of the Legislature shall
meet all requirements that existed immediately prior to the
effective date of those amendments but need not meet the change in
requirements made by those amendments.
SEC. 15. Section 1006 is added to the Business and Professions
Code, to read:
1006. (a) The office of the board shall be in the City of
Sacramento. Suboffices may be established in Los Angeles and San
Francisco, and any records as may be necessary may be transferred
temporarily to the suboffices. Legal proceedings against the board
may be instituted in any one of the three cities.
(b) All meetings of the board shall be conducted in accordance
with the provisions of 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).
(c) The board shall meet as a board of examiners at least twice
each calendar year, at times and places as may be found necessary for
the performance of its duties.
(d) The board shall comply with the requirements of Chapter 22.5
(commencing with Section 7528) of Division 7 of Title 1 of the
Government Code and with the provisions of Article 10 (commencing
with Section 11364) of Chapter 3.5 of Part 1 of Division 3 of Title 2
of the Government Code.
(e) Examinations shall be written, oral, and practical, covering
chiropractic as taught in chiropractic schools or colleges, designed
to ascertain the fitness of the applicant to practice chiropractic.
The examination shall include at least each of the subjects as set
forth in Section 5 of the Chiropractic Act. Identity of the
applicants shall not be disclosed to the examiners until after
examinations have been given final grades. A license shall be granted
to any applicant who makes a general average of 75 percent, and does
not fall below 60 percent in more than two subjects or branches of
the examination and receives a 75 percent score in all parts of the
practical examination as designated by the board. Any applicant
failing to make the required grade shall be given credit for the
branches passed, and may, without further cost, take the examination
at the next regular examination on the subjects in which he or she
failed. For each year of actual practice since graduation ,
the applicant shall be given a credit of 1 percent on the general
average.
(f) An applicant having fulfilled the requirements of Section 1005
and paid the fee thereunder, and having obtained a diplomate
certificate from the National Board of Chiropractic Examiners, may
offer the certificate together with a transcript of grades secured in
the national board examination, and the California Board of
Chiropractic Examiners may accept those in lieu of all or a portion
of the California board examination, as determined by the board.
SEC. 16. Section 1006.5 is added to the Business and Professions
Code, to read:
1006.5. The Attorney General shall act as legal counsel for the
board and shall represent the board in any judicial and
administrative proceeding. His or her services shall be a charge
against the board.
SEC. 17. Section 1007 is added to the Business and Professions
Code, to read:
1007. One form of certificate shall be issued by the State Board
of Chiropractic Examiners, which shall be designated "License to
practice chiropractic," and shall authorize the holder thereof to
practice chiropractic in the state of California as taught in
chiropractic schools or colleges; and, also, to use all necessary
mechanical, and hygienic and sanitary measures incident to the care
of the body, but shall not authorize the practice of medicine,
surgery, osteopathic medicine, dentistry or optometry, nor the use of
any drug or medicine now or hereafter included in materia medica.
SEC. 18. Section 1008 is added to the Business and Professions
Code, to read:
1008. No blind person shall be denied admission into any college
or school of chiropractic or denied the right to take any examination
given by such school or college or denied a diploma or certificate
of graduation or a degree or denied admission into any examination
for a state license or denied a regular license to practice
chiropractic on the ground that he or she is blind.
SEC. 19. Section 1009 is added to the Business and Professions
Code, to read:
1009. Notwithstanding any provision of this chapter, the board,
upon receipt of the fee specified in Section 1005, shall issue a
license to any person licensed to practice chiropractic under the
laws of another state, provided that the state then had the same
general requirements as required in this state at the time the
license was issued and provided that the other state in like manner
grants reciprocal registration to chiropractic practitioners of this
state.
The applicant shall also provide a certificate from the other
state stating that he or she was licensed by that state, that he or
she has not been convicted of unprofessional conduct, and that there
is no charge of unprofessional conduct pending against him or her.
SEC. 20. Section 1010 is added to the Business and Professions
Code, to read:
1010. (a) The board may by rule or regulation adopt, amend, or
repeal rules of professional conduct appropriate to the establishment
and maintenance of a high standard of professional service and the
protection of the public. These rules or regulations shall be
adopted, amended, or repealed in accordance with the provisions of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code as it now reads or as it may be
hereafter amended.
(b) The board may refuse to grant, or may suspend or revoke, a
license to practice chiropractic in this state, or may place the
licensee upon probation or issue a reprimand to him or her, for
violation of the rules and regulations adopted by the board in
accordance with this chapter, or for any cause specified in this
chapter, including, but not limited to: The employment of fraud or
deception in applying for a license or in passing an examination as
provided in this chapter; the practice of chiropractic under a false
or assumed name; or the personation of another practitioner of like
or different name; 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 offense substantially related to the practice of chiropractic;
habitual intemperance in the use of ardent spirits, narcotics or
stimulants to such an extent as to incapacitate him or her for the
performance of his or her professional duties; the advertising of any
means whereby the monthly periods of women can be regulated or the
menses reestablished if suppressed; or the advertising, directly,
indirectly or in substance, upon any card, sign, newspaper
advertisement, or other written or printed sign or advertisement,
that the holder of such license or any other person, company or
association by which he or she is employed, or in whose services he
or she is, will treat, cure, or attempt to treat or cure, any
venereal disease, or will treat or cure, or attempt to treat or cure,
any person afflicted with any sexual disease, for lost manhood,
sexual weakness or sexual disorder or any disease of the sexual
organs; or being employed by, or being in the service of any person,
company or association so advertising. The proceedings for the
refusal to grant, suspension or revocation of a license upon any of
the foregoing grounds shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2
of the Government Code as it now reads or as it may be hereafter
amended, and the board shall have all the powers granted therein. The
secretary of the board on all cases of revocation shall enter on his
or her register the fact of the revocation, and shall certify the
fact of the revocation under the seal of the board to the county
clerk of the counties in which the certificates of the person whose
certificate has been revoked is recorded; and the clerk shall write
upon the margin or across the face of his or her register of the
certificate of the person the following: "This certificate was
revoked on the _____ day of _____," giving the day, month, and year
of the revocation in accordance with the certification to him or her
by the secretary. The record of revocation made by the county clerk
shall be prima facie evidence of the fact thereof, and of the
regularity of all proceedings of the board in the matter of the
revocation.
(c) At any time after two years following the revocation or
cancellation of a license or registration under this section, the
board may, by a majority vote, reissue a license to the person
affected, restoring him or her to, or conferring on him or her all
the rights and privileges granted by his or her original license or
certificate. Any person to whom such rights have been restored shall
pay to the secretary the fee specified in Section 1005 upon the
issuance of a new license.
SEC. 21. Section 1011 is added to the Business and Professions
Code, to read:
1011. (a) All proceedings related to the refusal to grant, or to
the suspension or revocation of, a license, or for the reissuance or
reinstatement of a license that has been suspended or revoked, or for
the disciplining of licensees shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, and the board shall have all the
powers granted therein.
(b) In reaching a decision on a disciplinary action, the board
shall consider the disciplinary guidelines entitled "Disciplinary
Guidelines and Model Disciplinary Orders" (revised October 21, 2004),
which are hereby incorporated by reference. Deviation from these
guidelines and orders, including the standard terms of probation, is
appropriate if the board in its sole discretion determines that the
facts of the particular case warrant the deviation; for example, the
presence of mitigating factors, the age of the case, and evidentiary
problems.
(c) Any proposed decision or decision issued in accordance with
the procedures set forth in Chapter 5 (commencing with Section 11500)
of Part 1 of Division 3 of Title 2 of the Government Code that
contains any finding of fact that the licensee has a second separate
conviction for fraud, shall contain an order of revocation that shall
not be stayed.
SEC. 22. Section 1012 is added to the Business and Professions
Code, to read:
1012. Licenses issued under the provisions of this section expire
at midnight on the last day of the month of birth of licentiates of
the board.
The board shall establish regulations for the administration of a
birth month renewal program. Each person practicing chiropractic
within this state shall, on or before the last day of their month of
birth of each year, after a license is issued to them as herein
provided, pay to the State Board of Chiropractic Examiners a renewal
fee of not more than one hundred fifty dollars ($150) as determined
by the board. The secretary shall mail to all licensed chiropractors
in this state, on or before 60 days prior to the last day of the
month of their birth each year, a notice that the renewal fee will be
due on or before the last day of the month of their birth next
following. Nothing in this chapter shall be construed to require the
receipts to be recorded in like manner as original licenses. The
failure, neglect, or refusal of any person holding a license or
certificate to practice under this chapter in the State of California
to pay the annual fee during the time his or her license remains in
force shall, after a period of 60 days from the last day of the month
of his or her birth automatically work a forfeiture of his or her
license or certificate, and it shall not be restored except upon the
written application and the payment to the board of a fee of twice
the annual amount of the renewal fee in effect at the time the
restoration application is filed, except that a licensee who fails,
refuses , or neglects to pay the annual tax
fee within a period of 60 days after the last
day of the month of his or her birth of each year shall not be
required to submit to an examination for the reissuance of the
certificate.
SEC. 23. Section 1012.5 is added to the Business and Professions
Code, to read:
1012.5. The Legislature may by law fix the amounts of the fees
payable by applicants and licensees and the amount of the per diem
compensation payable to members of the board.
SEC. 24. Section 1013 is added to the Business and Professions
Code, to read:
1013. Chiropractic licensees shall observe and be subject to all
state and municipal regulations relating to all matters pertaining to
the public health, and shall sign death certificates and make
reports as required by law to the proper authorities, and those
reports shall be accepted by the officers of the departments to which
they are made.
SEC. 25. Section 1014 is added to the Business and Professions
Code, to read:
1014. The executive officer shall at the end of each month report
to the Controller the total amount of money received by the board
from all sources, and shall deposit with the Treasurer the entire
amount of those receipts, and the Treasurer shall place the money so
received in a special fund, to be known as the "State Board of
Chiropractic Examiners' Fund". Moneys in the fund shall be expended
in accordance with law for all necessary and proper expenses in
carrying out the provisions of this chapter, upon proper claims
approved by the board or a finance committee thereof. All
appropriations from the fund shall be made by the Legislature in the
annual Budget Act.
SEC. 26. Section 1015 is added to the Business and Professions
Code, to read:
1015. Any person who practices or attempts to practice
chiropractic, or any person who buys, sells, or fraudulently obtains
a license to practice chiropractic, whether recorded or not, or who
uses the title "chiropractor" or "D.C." or any word or title to
induce, or tending to induce belief that he or she is engaged in the
practice of chiropractic, without first complying with the provisions
of this chapter; or any licensee under this chapter who uses the
word "doctor" or the prefix "Dr." without the word "chiropractor," or
"D.C." immediately following his or her name, or the use of the
letters "M.D." or the words "doctor of medicine," or the term
"surgeon," or the term "physician," or the term "osteopathic
physician," or the letters "D.O." or any other letters, prefixes or
suffixes, the use of which would indicate that he or she was
practicing a profession for which he or she held no license from the
State of California, or any person who violates any of the provisions
of this chapter, shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of not less than one
hundred dollars ($100) and not more than seven hundred fifty dollars
($750), or by imprisonment in the county jail for not more than six
months, or by both that fine and imprisonment.
SEC. 27. Section 1016 is added to the Business and Professions
Code, to read:
1016. Nothing in this chapter shall be construed to prohibit
service in case of emergency, or the domestic administration of
chiropractic, nor shall this chapter apply to any chiropractor from
any other state or territory who is actually consulting with a
licensed chiropractor in this state; provided, that the consulting
chiropractor shall not open an office or appoint a place to receive
patients within the limits of the state; nor shall this chapter be
construed so as to discriminate against any particular school of
chiropractic, or any other treatment; nor to regulate, prohibit or
apply to any kind of treatment by prayer; nor to interfere in any way
with the practice of religion. Nor shall this chapter apply to
persons who are licensed under other acts.
SEC. 28. Section 1017 is added to the Business and Professions
Code, to read:
1017. It shall be the duty of the board to aid attorneys and law
enforcement agencies in the enforcement of this chapter.
SEC. 29. Section 1018 is added to the Business and Professions
Code, to read:
1018. Nothing herein shall be construed as repealing the "Medical
Practice Act" of June 2, 1913, or any subsequent amendments thereof,
except in so far insofar as that act
or amendments to that act conflict with the provisions of this
chapter as applied to persons licensed under this chapter, to which
extent any and all acts or parts of acts in conflict herewith are
hereby repealed.
SEC. 30. Section 1018.5 is added to the Business and Professions
Code, to read:
1018.5. This chapter, as amended, may be further amended or
modified by the Legislature.
SEC. 31. Section 1019 is added to the Business and Professions
Code, to read:
1019. If any provision or application of this chapter is for any
reason held to be unconstitutional, the decision shall not affect the
validity of the remaining provisions of this chapter, or
applications thereof.
SEC. 32. Section 1 of the act cited in the title is amended to
read:
Section 1. A board is hereby created to be known as the "State
Board of Chiropractic Examiners," hereinafter referred to as the
board. The board shall consist of seven members. Five members shall
be appointed by the Governor, subject to confirmation by the Senate,
two of whom shall be public members. The Senate Committee on Rules
and the Speaker of the Assembly shall each appoint one public member.
Each member shall be a citizen of the United States and shall have
been a resident of California for five years. Each licensee member
shall have had at least five years of licensure in this state prior
to appointment. Each licensee member shall have pursued a resident
course in an approved chiropractic school or college, and shall be a
graduate thereof and hold a diploma therefrom.
Not more than two persons shall serve simultaneously as members of
the board, whose first diplomas were issued by the same school or
college of chiropractic, nor shall more than two members be residents
of any one county of the state. And no person who is or within one
year of the proposed appointment has been an administrator, policy
board member, or paid employee of any chiropractic school or college
shall be eligible for appointment to the board. Each member of the
board shall receive a per diem in the amount provided in Section 103
of the Business and Professions Code for each day during which he or
she is actually engaged in the discharge of his or her duties,
together with his or her actual and necessary travel expenses
incurred in connection with the performance of the duties of his or
her office, and the per diem, travel expenses and other incidental
expenses of the board or of its members shall be paid out of the
funds of the board hereinafter defined and not from the state's
taxes.
The Legislature may, upon review, repeal this section and
reconstitute the board.
SEC. 33. Section 1.5 is added to the act cited in the title, to
read:
Sec. 1.5. Protection of the public shall be the highest priority
for the board in exercising its licensing, regulatory, and
disciplinary functions. Whenever the protection of the public is
inconsistent with the other interests sought to be promoted, the
protection of the public shall be paramount.
SEC. 34. Section 2 of the act cited in the title is amended to
read:
Sec. 2. Each appointment to the board shall be for the term of
four years, except that an appointment to fill a vacancy shall be for
the unexpired term only. Each member shall serve until his successor
has been appointed and qualified or until one year has elapsed since
the expiration of his or her term whichever first occurs. No person
shall serve more than two consecutive terms on the board nor be
eligible for appointment thereafter until the expiration of four
years from the expiration of such second consecutive term, effective
January 2, 1974. The Governor may remove a member form the board
after receiving sufficient proof of the inability or misconduct of
the member.
SEC. 35. Section 3 of the act cited in the title is amended to
read:
Sec. 3. The board shall elect a chairman and a vice chairman and
a secretary to be chosen from the members of the board. The board
shall appoint a person exempt from civil service, by and with the
approval of the Director of Consumer Affairs, to be designated as an
executive officer. Elections of the officers shall occur annually at
the January meeting of the board. A majority of the board shall
constitute a quorum.
It shall require the affirmative vote of four members of the board
to carry any motion or resolution, to adopt any rule, or to
authorize the issuance of any license provided for in this act. The
executive officer shall receive a salary to be fixed by the board,
with the approval of the Director of Finance, together with his or
her actual and necessary traveling expenses incurred in connection
with the performance of the duties of his or her office, and shall
give bond to the state in a sum and with such sureties as the board
may deem proper. He or she shall keep a record of the proceedings of
the board, which shall at times during business hours be open to the
public for inspection. He or she shall keep a true and accurate
account of all funds received and of all expenditures incurred or
authorized by the board, and on the first day of December of each
year he or she shall file with the Governor , or his or
her designee, a report of all receipts and disbursements and of the
proceedings of the board for the preceding fiscal year.
SEC. 36. Section 4 of the act cited in the title is amended to
read:
Sec. 4. Powers of the board. The board shall have power:
(a) To adopt a seal, which shall be affixed to all licenses issued
by the board.
(b) To adopt from time to time rules and regulations as the board
may deem proper and necessary for the performance of its work, the
effective enforcement and administration of this act, the
establishment of educational requirements for license renewal, and
the protection of the public. These rules and regulations shall be
adopted, amended, repealed and established in accordance with the
provisions of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code as it now reads or as
it may be hereafter amended by the Legislature.
(c) To examine applicants and to issue and revoke licenses to
practice chiropractic, as provided in this act.
(d) To summon witnesses and to take testimony as to matters
pertaining to its duties; and each member shall have power to
administer oaths and take affidavits.
(e) To do any and all things necessary or incidental to the
exercise of the powers and duties granted or imposed by this act.
(f) To determine minimum requirements for teachers in chiropractic
schools and colleges.
(g) To approve chiropractic schools and colleges whose graduates
may apply for licenses in this state. The following shall be eligible
for approval:
(1) Any chiropractic school or college having status with the
accrediting agency and meeting the requirements of Section 5 of this
act and the rules and regulations adopted by the board.
(2) Any chiropractic school or college initially commencing
instruction prior to the effective date of the amendments to this
section approved by the electors at the November, 1976, general
election, provided that the school or college meets the requirements
of Section 5 of this act and the rules and regulations adopted by the
board and provided that the school or college attains status with
the accrediting agency within a time period commencing on the
effective date of this provision and ending March 1, 1980.
(3) Any chiropractic school or college initially commencing
instruction subsequent to the effective date of the amendments to
this section approved by the electors at the November, 1976, general
election, provided that the school or college meets the requirements
of Section 5 of this act and the rules and regulations adopted by the
board and provided that the school or college attains status with
the accrediting agency within a time period not exceeding three years
following the commencement of instruction.
Upon submission of evidence satisfactory to the board that the
accrediting agency has unreasonably denied status to a chiropractic
school or college approved under paragraph (2) or (3) of this
subdivision by not considering the application for status submitted
by that school or college in a timely manner, by denying the
application for status submitted by that school or college without
good cause, or by imposing arbitrary and capricious additional
requirements upon that school or college as conditions for the
attainment of status, the board shall grant an extension of the time
period for the attainment of status specified in the paragraph under
which that school or college is approved, as it applies to that
school or college, of at least six months but no more than one year.
Prior to the expiration of the extension or of any additional
extension the board grants, the board shall determine whether that
school or college has been unreasonably denied status by the
accrediting agency for any of the reasons specified in the
immediately preceding sentence during the extension. Should the board
determine that unreasonable denial of status during the extension
has occurred, the board shall grant an additional extension of the
time period for the attainment of status, as it applies to that
school or college, of at least six months but no more than one year.
As used in this section, "accrediting agency" means (1) the
Accrediting Commission of the Council on Chiropractic Education,
other chiropractic school and college accrediting agencies as may be
recognized by the United States Commissioner of Education, or
chiropractic school and college accrediting agencies employing
equivalent standards for accreditation as determined by the board,
(2) in the event that the commission ceases to exist or ceases to be
recognized by the commissioner, a chiropractic school and college
accrediting agency as may be designated by the board or chiropractic
school and college accrediting agencies employing equivalent
standards for accreditation as determined by the board, or (3) in the
event that the commission ceases to exist or ceases to be recognized
by the commissioner, no other accrediting agency is recognized by
the commissioner, and no accrediting agency is acceptable to the
board, the board.
As used in this section, "status" means correspondent status,
status as a recognized candidate for accreditation, accredited
status, or other similar status as may be adopted and used by the
accrediting agency.
As used in this section, "in a timely manner" means within the
time deadlines as may be established by the accrediting agency for
submission of applications, consideration of applications submitted,
acceptance or rejection of applications submitted, and other similar
functions, as those time deadlines are interpreted by the board.
As used in this section, "without good cause" means not in
accordance with rules and regulations that may be established by the
accrediting agency as conditions for the attainment of status, as
those rules and regulations are interpreted by the board.
As used in this section, "arbitrary and capricious additional
requirements" means requirements that may be imposed by the
accrediting agency as conditions for the attainment of status during
the time period specified for the attainment of status by a
chiropractic school or college that, in the board's judgement, cannot
be satisfied within the time period or do not serve to improve the
educational standards or quality of the school or college.
(h) The board may employ any investigators, clerical assistants,
commissioners on examination, and other employees as it may deem
necessary to carry into effect the provisions of this act, and shall
prescribe the duties of those employees. Persons employed pursuant to
this subdivision shall be subject to the State Civil Service Act
(Part 2 (commencing with Section 18500) of Division 5 of Title 5 of
the Government Code).
SEC. 37. Section 6 of the act cited in the title is amended to
read:
Sec. 6. (a) The office of the board shall be in the City of
Sacramento. Suboffices may be established in Los Angeles and San
Francisco, and any records as may be necessary may be transferred
temporarily to the suboffices. Legal proceedings against the board
may be instituted in any one of the three cities.
(b) All meetings of the board shall be conducted in accordance
with the provisions of 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).
(c) The board shall meet as a board of examiners at least twice
each calendar year, at times and places as may be found necessary for
the performance of its duties.
(d) The board shall comply with the requirements of Chapter 22.5
(commencing with Section 7528) of Division 7 of Title 1 of the
Government Code and with the provisions of Article 10 (commencing
with Section 11364) of Chapter 3.5 of Part 1 of Division 3 of Title 2
of the Government Code.
(e) Examinations shall be written, oral, and practical, covering
chiropractic as taught in chiropractic schools or colleges, designed
to ascertain the fitness of the applicant to practice chiropractic.
The examination shall include at least each of the subjects as set
forth in Section 5 of this act. Identity of the applicants shall not
be disclosed to the examiners until after examinations have been
given final grades. A license shall be granted to any applicant who
makes a general average of 75 percent, and does not fall below 60
percent in more than two subjects or branches of the examination and
receives a 75 percent score in all parts of the practical examination
as designated by the board. Any applicant failing to make the
required grade shall be given credit for the branches passed, and
may, without further cost, take the examination at the next regular
examination on the subjects in which he or she failed. For each year
of actual practice since graduation , the applicant shall
be given a credit of 1 percent on the general average.
(f) An applicant having fulfilled the requirements of Section 5
and paid the fee thereunder, and having obtained a diplomate
certificate from the National Board of Chiropractic Examiners, may
offer the certificate together with a transcript of grades secured in
the national board examination, and the California Board of
Chiropractic Examiners may accept those in lieu of all or a portion
of the California board examination, as determined by the board.
SEC. 38. Section 6.5 is added to the act cited in the title, to
read:
Sec. 6.5. The Attorney General shall act as legal counsel for the
board and shall represent the board in any judicial and
administrative proceeding. His or her services shall be a charge
against the board.
SEC. 39. Section 11 is added to the act cited in the title, to
read:
Sec. 11. (a) All proceedings related to the refusal to grant, or
to the suspension or revocation of, a license, or for the reissuance
or reinstatement of a license that has been suspended or revoked, or
for the disciplining of licensees shall be conducted in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code, and the board shall have all the
powers granted therein.
(b) In reaching
a decision on a disciplinary action, the board shall consider the
disciplinary guidelines entitled "Disciplinary Guidelines and Model
Disciplinary Orders" (revised October 21, 2004), which are hereby
incorporated by reference. Deviation from these guidelines and
orders, including the standard terms of probation, is appropriate if
the board in its sole discretion determines that the facts of the
particular case warrant the deviation; for example, the presence of
mitigating factors, the age of the case, and evidentiary problems.
(c) Any proposed decision or decision issued in accordance with
the procedures set forth in Chapter 5 (commencing with Section 11500)
of Part 1 of Division 3 of Title 2 of the Government Code that
contains any finding of fact that the licensee has a second separate
conviction for fraud, shall contain an order of revocation that shall
not be stayed.
SEC. 40. Section 14 of the act cited in the title is amended to
read:
Sec. 14. The executive officer shall at the end of each month
report to the Controller the total amount of money received by the
board from all sources, and shall deposit with the Treasurer the
entire amount of those receipts, and the Treasurer shall place the
money so received in a special fund, to be known as the "State Board
of Chiropractic Examiners' Fund". Moneys in the fund shall be
expended in accordance with law for all necessary and proper expenses
in carrying out the provisions of this act, upon proper claims
approved by said the board or a finance
committee thereof. All appropriations from the fund shall be made by
the Legislature in the annual Budget Act.
SEC. 41. Section 18.5 is added to the act cited in the title, to
read:
Sec. 18.5. This act, as amended, may be further amended or
modified by the Legislature.
SEC. 42. Sections 32 to 41, inclusive, of this act shall become
effective only when submitted to and if approved by the electors
pursuant to subdivision (c) of Section 10 of Article II of the
California Constitution. The Secretary of State is hereby directed to
place those provisions on the ballot of the next statewide
June 3, 2008, primary election for approval by
the electors in accordance with the applicable provisions of law.
SEC. 43. Sections 2 to 31, inclusive, of this act shall become
operative on the date upon which Sections 32 to 41, inclusive, of
this act are approved by the electors.