BILL NUMBER: AB 1545 ENROLLED
BILL TEXT
PASSED THE SENATE MAY 29, 2008
PASSED THE ASSEMBLY JUNE 9, 2008
AMENDED IN SENATE MAY 27, 2008
AMENDED IN SENATE MAY 1, 2008
AMENDED IN SENATE SEPTEMBER 7, 2007
AMENDED IN ASSEMBLY APRIL 30, 2007
INTRODUCED BY Assembly Member Eng
(Coauthor: Assembly Member Emmerson)
(Coauthors: Senators Perata and Ridley-Thomas)
FEBRUARY 23, 2007
An act to add and repeal Sections 1601.1, 1616.5, 2531, 2531.75,
2841, 2847, 4501, 4503, and 7303 of the Business and Professions
Code, relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
AB 1545, Eng. Professions and vocations.
Existing law establishes the Dental Board of California, the
Speech-Language Pathology and Audiology Board, the Board of
Vocational Nursing and Psychiatric Technicians, and the Board of
Barbering and Cosmetology in the Department of Consumer Affairs.
Existing law authorizes the Dental Board of California and the
Speech-Language Pathology and Audiology Board to appoint executive
officers, requires the Board of Vocational Nursing and Psychiatric
Technicians to select an executive officer, and requires the Board of
Barbering and Cosmetology to appoint an executive officer, as
specified. Under existing law, the provisions establishing these
boards and their authority to appoint or select executive officers
will become inoperative on July 1, 2008, and be repealed on January
1, 2009.
This bill would establish a new Dental Board of California,
Speech-Language Pathology and Audiology Board, Board of Vocational
Nursing and Psychiatric Technicians, and Board of Barbering and
Cosmetology and would vest each board with the same powers as the
previous board of the same name. The bill would require the Board of
Vocational Nursing and Psychiatric Technicians, and would authorize
the other boards, to appoint an executive officer. The bill would
repeal the authority for these boards and their executive officers on
January 1, 2012. The bill would authorize the executive officer of a
previous board to serve as interim executive officer of a board
until the appointment of a permanent executive officer, as specified,
and would provide that members of a previous board would serve
temporarily as interim board members until the appointment of members
to the board.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1601.1 is added to the Business and Professions
Code, 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 previous board.
(d) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).
SEC. 2. Section 1616.5 is added to the Business and Professions
Code, 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 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 remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 3. Section 2531 is added to the Business and Professions
Code, to read:
2531. (a) There is in the Department of Consumer Affairs a
Speech-Language Pathology and Audiology Board in which the
enforcement and administration of this chapter are vested. The
Speech-Language Pathology and Audiology Board shall consist of nine
members, three of whom shall be public members.
(b) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).
SEC. 4. Section 2531.75 is added to the Business and Professions
Code, to read:
2531.75. (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 remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 5. Section 2841 is added to the Business and Professions
Code, to read:
2841. (a) There is in the Department of Consumer Affairs a Board
of Vocational Nursing and Psychiatric Technicians of the State of
California, consisting of 11 members.
(b) Within the meaning of this chapter, "board," or "the board,"
refers to the Board of Vocational Nursing and Psychiatric Technicians
of the State of California.
(c) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).
SEC. 6. Section 2847 is added to the Business and Professions
Code, to read:
2847. (a) The board shall select an executive officer who shall
perform duties as are delegated by the board and who shall be
responsible to it for the accomplishment of those duties.
(b) The person selected to be the executive officer of the board
shall be a duly licensed vocational nurse under this chapter, a duly
licensed professional nurse as defined in Section 2725, or a duly
licensed psychiatric technician. The executive officer shall not be a
member of the board.
(c) With the approval of the Director of Finance, the board shall
fix the salary of the executive officer.
(d) The executive officer shall be entitled to traveling and other
necessary expenses in the performance of his or her duties. He or
she shall make a statement, certified before a duly authorized
person, that the expenses have been actually incurred.
(e) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 7. Section 4501 is added to the Business and Professions
Code, to read:
4501. (a) "Board," as used in this chapter, means the Board of
Vocational Nursing and Psychiatric Technicians.
(b) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 8. Section 4503 is added to the Business and Professions
Code, to read:
4503. (a) The board shall administer and enforce this chapter.
(b) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 9. Section 7303 is added to the Business and Professions
Code, to read:
7303. (a) Notwithstanding Article 8 (commencing with Section
9148) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the
Government Code, there is in the Department of Consumer Affairs the
State Board of Barbering and Cosmetology in which the administration
of this chapter is vested.
(b) The board shall consist of nine members. Five members shall be
public members, and four members shall represent the professions.
The Governor shall appoint three of the public members and the four
professional members. The Senate Committee on Rules and the Speaker
of the Assembly shall each appoint one public member. Members of the
board shall be appointed for a term of four years, except that of the
members appointed by the Governor, two of the public members and two
of the professions members shall be appointed for an initial term of
two years. No board member may serve longer than two consecutive
terms.
(c) The board may appoint an executive officer who is exempt from
civil service. The executive officer shall exercise the powers and
perform the duties delegated by the board and vested in him or her by
this chapter. The appointment of the executive officer is subject to
the approval of the director. In the event that a newly authorized
board replaces an existing or previous bureau, the director may
appoint an interim executive officer for the board who shall serve
temporarily until the new board appoints a permanent executive
officer.
(d) The executive officer shall provide examiners, inspectors, and
other personnel necessary to carry out the provisions of this
chapter.
(e) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 10. (a) If members are not appointed to a board on January 1,
2009, pursuant to Section 1601.1, 2531, 2841, or 7303 of the
Business and Professions Code, persons who served as board members of
the prior board on June 30, 2008, shall serve temporarily as interim
board members on the board until such time as board members are
appointed to that board pursuant to Section 1601.1, 2531, 2841, or
7303 of the Business and Professions Code. For purposes of appointing
board members pursuant to Sections 1601.1, 2531, 2841, and 7303 of
the Business and Professions Code, the appointing powers may appoint
to any board a person who was a member of the prior board on June 30,
2008.
(b) Notwithstanding any other provision of law, a person serving
on December 31, 2008, as executive officer of a board pursuant to
Section 1616.5, 2531.75, 2847, or 7303.5 may serve as an interim
executive officer of the Dental Board of California, Speech-Language
Pathology and Audiology Board, Board of Vocational Nursing and
Psychiatric Technicians, or Board of Barbering and Cosmetology,
respectively, until the board appoints a permanent executive officer
for that board pursuant to Section 1616.5, 2531.75, 2847, or 7303 of
the Business and Professions Code. An appointing power may, pursuant
to Section 1616.5, 2531.75, 2847, or 7303, appoint the executive
officer of the previous board as an executive officer.