BILL NUMBER: SB 797 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 24, 2008
AMENDED IN ASSEMBLY SEPTEMBER 7, 2007
INTRODUCED BY Senator Ridley-Thomas
FEBRUARY 23, 2007
An act to amend Sections 490, 2006, 2531,
1616.5, 2006, 2531.75, 2841, 2847, 3041.3,
4501, 4503, 4982, 4989.54, 4990.32, 4992.3,
5552.5, 7026.1, 7028, 7303, 8005, 22258, and 22259
of and to add and repeal Sections 101.2 and 7303.5 of,
the Business and Professions Code, and to amend Sections 12529,
12529.5, 12529.6, and 12529.7 of the Government Code, relating to
professions and vocations, and making an appropriation
therefor. and vocations, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 797, as amended, Ridley-Thomas. Professions and vocations.
(1) Existing law provides for the licensure and regulation of
various professions and vocations by boards within the Department of
Consumer Affairs. Existing law authorizes a board to suspend or
revoke a license on certain bases, including the licensee's
conviction of a crime that is substantially related to the
qualifications, functions, or duties of the business or profession
for which the license was issued.
This bill would specify that this authorization to suspend or
revoke a license is in addition to any other action that a board is
permitted to take against the licensee.
(2) Existing law, the Speech-Language Pathologists and
Audiologists Licensure Act, establishes the Speech-Language Pathology
and Audiology Board and provides for its issuance of a
speech-language pathology license and an audiology license to
qualified applicants and for its regulation of those licensees. Under
existing law, the provisions establishing the board and authorizing
its appointment of an executive officer will become inoperative on
July 1, 2008, and will be repealed on January 1, 2009.
This bill would extend those dates, making the provisions
inoperative on July 1, 2009, and repealing them on January 1, 2010.
(3) Existing law, the Vocational Nursing Practice Act, establishes
the Board of Vocational Nursing and Psychiatric Technicians and
provides for its issuance of a vocational nurse license and a
psychiatric technician's license to qualified applicants and for its
regulation of those licensees. Under existing law, the provisions
establishing the board and authorizing its selection of an executive
officer will become inoperative on July 1, 2008, and will be repealed
on January 1, 2009.
This bill would extend those dates, making the provisions
inoperative on July 1, 2009, and repealing them on January 1, 2010.
(2) 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 extend the inoperative and repeal dates for the
provisions relating to the boards' appointment of executive officers
to January 1, 2012. The bill would delete the requirement that the
Board of Vocational Nursing and Psychiatric Technicians and the Board
of Barbering and Cosmetology appoint or select executive officers,
and would instead authorize those boards to do so. The bill, until
January 1, 2009, would provide that, if any of these boards becomes
inoperative or is repealed, the Governor shall succeed to the
authority of that board to appoint an executive officer and the
executive officer of that board shall have the same administrative
duties with regard to the bureau replacing the board as it had with
regard to the board, and would authorize the Department of Consumer
Affairs to create an advisory committee with specified members to
advise and direct the executive officer.
(4)
(3) Existing law, the Architects Practice Act,
establishes the California Architects Board and provides for its
licensure and regulation of architects. Under existing law, the board
is authorized to implement an intern development program until July
1, 2009.
This bill would extend the authority of the board to implement
this program to July 1, 2011.
(5)
(4) Existing law provides for the certification of
optometrists to diagnose and treat certain conditions of the human
eye or its appendages, and to use therapeutic pharmaceutical agents.
It requires the board to decide all issues relating to the
equivalency of an optometrists' education or training for
certification, as specified.
This bill would delete an obsolete reference to the Therapeutic
Pharmaceutical Agent Advisory Committee.
(6)
(5) Existing law, the Contractors' State License Law,
creates the Contractors' State License Board within the Department of
Consumer Affairs and provides for the licensure and regulation of
contractors. Existing law defines "contractor" and includes
certain persons who perform tree removal, tree pruning, stump
removal, and tree or limb cabling or guying, except as specified,
within that definition. Existing law requires contractors to pay
specified fees, which are deposited into the continuously
appropriated Contractors' License Fund, and requires the deposit of
fines collected under the Contractors' State License Law into the
fund. Existing law , makes it a
misdemeanor for any person to engage in the business or act in the
capacity of a contractor without having a license, and subjects a
person who violates this prohibition to specified fines and
imprisonment.
This bill would also define "contractor" to include a
person who offers to perform, purport
to have the capacity to perform, or submits a bid to perform
tree removal, tree pruning, stump removal, or tree or limb cabling
or guying, except as specified. The bill would revise the penalties
provisions accordingly and would apply specified penalty
provisions to a person named on a revoked license and held
responsible for the act or omission resulting in the revocation.
Because the bill would increase moneys deposited into the
continuously appropriated Contractors' License Fund, the bill would
make an appropriation. Because the bill would expand the definition
of a contractor and thereby create new crimes, it would impose a
state-mandated local program.
(7) Existing law, the Barbering and Cosmetology Act, establishes
the State Board of Barbering and Cosmetology and provides for its
issuance of a cosmetology license, a barbering license, an
esthetician license, a manicurist license, and an electrologist
license and for its regulation of those licensees. Under existing
law, the provisions establishing the board will become inoperative on
July 1, 2008, and will be repealed on January 1, 2009.
This bill would extend those dates, making the provisions
inoperative on July 1, 2009, and repealing them on January 1, 2010.
(8)
(6) Existing law provides for the licensure or
registration, and regulation of marriage and family therapists,
licensed educational psychologists, and clinical social workers by
the Board of Behavioral Sciences. Under existing law, the board may
refuse to issue a registration or license, or may suspend or revoke a
license or registration, if the applicant, registrant, or licensee
has been guilty of unprofessional conduct, as specified.
Under existing law, the board may refuse to issue a registration or
license, or may suspend or revoke a license or registration, if the
applicant, registrant, or licensee has been guilty of unprofessional
conduct, as specified. Existing law authorizes the board to
file a specified accusation against these licensees or registrants
within certain limitations periods for, among other things, an
alleged act or omission involving a minor that is the basis for
disciplinary action.
This bill would specify that unprofessional conduct includes
engaging in specified acts with a minor regardless of whether the act
occurred prior to or after the time the registration or license was
issued by the board , and would apply this provision
to acts that occurred prior to the effective date of the bill .
The bill would also specify that, if after the limitations periods
have expired, the board discovers a specified alleged act with a
minor, and there is independent evidence corroborating the
allegation, an accusation shall be filed within 3 years from the date
the board discovers that alleged act.
(9)
(7) Existing law imposes specified requirements and
prohibitions on tax preparers, as defined, and exempts specified
persons from these requirements and prohibitions. A violation of
those provisions is a misdemeanor. Under existing law, those
provisions will become inoperative on July 1, 2008, and will be
repealed on January 1, 2009.
This bill would extend the inoperative and repeal dates for
these provisions , making the provisions inoperative
on July 1, 2009, and repealing them on January 1,
2010 2012 . The bill would also expand the
category of persons exempted from these provisions and revise the
requirements for exemption, including imposing a requirement that
specified tax returns are signed by a licensed accountant, attorney,
or by a person who is enrolled to practice before the Internal
Revenue Service. The bill would also specify that preparation of a
tax return includes the inputting of tax data into a computer.
Because this bill would impose additional qualifications on the
exemption from tax preparer provisions, the violation of which would
be a crime, and would extend the operation of existing crimes
provisions, it would impose a state-mandated local program.
(10)
(8) Existing law authorizes the Court Reporters Board
to, among other things, appoint an executive officer and employ other
employees as may be necessary. These provisions will become
inoperative on July 1, 2008, and be repealed on January 1, 2009.
This bill would extend those dates, making the provisions
inoperative on July 1, 2009, and repealing them on January
1, 2010 and repealing them on January 1, 2012 .
(11)
(9) Existing law creates the Health Quality Enforcement
Section within the Department of Justice with the primary
responsibility of investigating and prosecuting proceedings against
licensees and applicants within the jurisdiction of the Medical Board
of California and various other boards. Existing law requires that
attorneys staff the intake unit of specified regulatory boards to
evaluate and screen complaints and develop uniform standards for
their processing. Existing law also simultaneously assigns a
complaint received by the medical board to an investigator and a
deputy attorney general in the Health Quality Enforcement Section,
and provides that, for the duration of the assignment, the
investigator is under the direction of the deputy attorney general.
Existing law makes these provisions inoperative on July 1, 2008, and
repeals them on January 1, 2009, unless a later enacted statute
deletes or extends those dates. Existing law also requires the
medical board, in consultation with specified agencies, to report and
make recommendations to the Governor and the Legislature on this
prosecution model by July 1, 2007.
This bill would make those provisions inoperative on July 1, 2010,
repeal them on January 1, 2011, and would make other related
changes. The bill would specify that an investigator is not under the
supervision of the deputy attorney general simultaneously assigned
to a complaint. The bill would require the medical board to increase
its computer capabilities and compatibilities with the Health Quality
Enforcement Section and to establish and implement a plan to locate
its enforcement staff and the staff of the Health Quality Enforcement
Section in the same offices. The bill would also require the medical
board, in consultation with specified agencies, to report and make
recommendations to the Governor and the Legislature on this
enforcement and prosecution model by July 1, 2009.
(12) This bill would incorporate additional changes in Section 490
of the Business and Professions Code, proposed by AB 1025, to be
operative only if AB 1025 and this bill are both chaptered and become
effective on or before January 1, 2008, and this bill is chaptered
last.
(13) This bill would incorporate additional changes in Sections
12529 and 12529.5 of the Government Code, proposed by SB 1048, to be
operative only if SB 1048 and this bill are both chaptered and become
effective on or before January 1, 2008, and this bill is chaptered
last.
(14)
(10) 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.
(11) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: majority 2/3 . Appropriation:
yes no . Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 101.2 is added to the
Business and Professions Code , to read:
101.2. (a) Notwithstanding paragraph (3) of subdivision (b) of
Section 101.1, if the Dental Board of California, the Speech-Language
Pathology and Audiology Board, the Board of Vocational Nursing and
Psychiatric Technicians, or the Board of Barbering and Cosmetology
becomes inoperative or is repealed, both of the following shall
apply:
(1) The executive officer of the board shall have the same
administrative duties with regard to any bureau replacing the board
as he or she had with regard to the board, and shall operate under
the direction of the Department of Consumer Affairs.
(2) The Governor shall succeed to the authority of the board to
appoint an executive officer pursuant to Section 1616.5, 2531.75,
2847, or 7303.5, respectively.
(b) The Department of Consumer Affairs may create an advisory
committee for each bureau described in subdivision (a) to advise and
direct the bureau's executive officer. An advisory committee created
under this subdivision shall consist of the prior members of the
board, and the committee shall be subject to the per diem provisions
related to the prior board and to all procedural requirements
governing the actions of the prior board.
(c) An advisory committee created pursuant to subdivision (b)
shall meet as often as is necessary, as determined by that committee.
(d) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.
SECTION 1. SEC. 2. Section 490 of
the Business and Professions Code is amended to read:
490. (a) In addition to any other action that a board is
permitted to take against a licensee, a board may suspend or revoke a
license on the ground that the licensee has been convicted of a
crime, if the crime is substantially related to the qualifications,
functions, or duties of the business or profession for which the
license was issued.
(b) Notwithstanding any other provision of law, a board may
exercise any authority to discipline a licensee for conviction of a
crime that is independent of the authority granted under subdivision
(a) only if the crime is substantially related to the qualifications,
functions, or duties of the business or profession for which the
licensee's license was issued.
(c) A conviction within the meaning of this section means a plea
or verdict of guilty or a conviction following a plea of nolo
contendere. Any action that a board is permitted to take following
the establishment of a conviction may be taken 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 the
provisions of Section 1203.4 of the Penal Code.
(d) The Legislature hereby finds and declares that the application
of this section has been made unclear by the holding in Petropoulos
v. Department of Real Estate (2006) 142 Cal.App.4th 554, and that the
holding in that case has placed a significant number of statutes and
regulations in question, resulting in potential harm to the
consumers of California from licensees who have been convicted of
crimes. Therefore, the Legislature finds and declares that this
section establishes an independent basis for a board to impose
discipline upon a licensee, and that the amendments to this section
made by Senate Bill 797 of the 2007-08 Regular Session do not
constitute a change to, but rather are declaratory of, existing law.
SEC. 1.5 Section 490 of the Business and
Professions Code is amended to read:
490. (a) In addition to any other action that a board is
permitted to take against a licensee, a board may suspend or revoke a
license on the ground that the licensee has been convicted of a
crime, if the crime is substantially related to the qualifications,
functions, or duties of the business or profession for which the
license was issued.
(b) Notwithstanding any other provision of law, a board may
exercise any authority to discipline a licensee for conviction of a
crime that is independent of the authority granted under subdivision
(a) only if the crime is substantially related to the qualifications,
functions, or duties of the business or profession for which the
licensee's license was issued.
(c) A conviction within the meaning of this section means a plea
or verdict of guilty or a conviction following a plea of nolo
contendere. Any action that a board is permitted to take following
the establishment of a conviction may be taken 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.
(d) No license shall be suspended or revoked based solely on any
criminal conviction that has been dismissed pursuant to Section
1203.4 or 1203.4a of the Penal Code, since that dismissal creates a
presumption of rehabilitation for purposes of this section, unless
the board provides substantial evidence to the contrary in writing to
the person justifying the board's suspension or revocation of the
license based solely on his or her dismissed conviction that is
substantially related to the qualifications, functions, or duties of
the business or profession for which the license was made.
(e) The department shall annually prepare a report, to be
submitted to the Legislature on October 1, that documents board
suspensions or revocations of licenses based solely on dismissed
criminal convictions as specified in subdivision (d).
(f) The Legislature hereby finds and declares that the application
of this section has been made unclear by the holding in Petropoulos
v. Department of Real Estate (2006) 142 Cal.App.4th 554, and that the
holding in that case has placed a significant number of statutes and
regulations in question, resulting in potential harm to the
consumers of California from licensees who have been convicted of
crimes. Therefore, the Legislature finds and declares that this
section establishes an independent basis for a board to impose
discipline upon a licensee, and that the amendments to this section
made by Senate Bill 797 of the 2007-08 Regular Session do not
constitute a change to, but rather are declaratory of, existing law.
SEC. 3. 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 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, 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.
(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. 2. SEC. 4. Section 2006 of the
Business and Professions Code is amended to read:
2006. (a) On and after January 1, 2006, any reference in this
chapter to an investigation by the board, or one of its divisions,
shall be deemed to refer to an investigation directed by employees of
the Department of Justice.
(b) 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. 3. Section 2531 of the Business and
Professions Code is amended to read:
2531. There is in the Department of Consumer Affairs a
Speech-Language Pathology and Audiology Board in which the
enforcement and administration of this chapter is vested. The
Speech-Language Pathology and Audiology Board shall consist of nine
members, three 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, that
becomes effective on or before January 1, 2010, deletes or extends
the inoperative and repeal dates. The repeal of this section renders
the board subject to the review required by Division 1.2 (commencing
with Section 473).
SEC. 4. SEC. 5. Section 2531.75 of
the Business and Professions Code is amended 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 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.
(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 of the Business and
Professions Code is amended to read:
2841. 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.
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.
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. 6. Section 2847 of the Business and Professions Code is
amended to read:
2847. (a) The board shall may
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 some
a duly authorized person, that the expenses have been
actually incurred.
(e) 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.
(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 3041.3 of the Business and Professions Code is
amended to read:
3041.3. (a) In order to be certified to use therapeutic
pharmaceutical agents and authorized to diagnose and treat the
conditions listed in subdivisions (b), (d), and (e) of Section 3041,
an optometrist shall apply for a certificate from the board and meet
all requirements imposed by the board.
(b) The board shall grant a certificate to use therapeutic
pharmaceutical agents to any applicant who graduated from a
California accredited school of optometry prior to January 1, 1996,
is licensed as an optometrist in California, and meets all of the
following requirements:
(1) Satisfactorily completes a didactic course of no less than 80
classroom hours in the diagnosis, pharmacological, and other
treatment and management of ocular disease provided by either an
accredited school of optometry in California or a recognized
residency review committee in ophthalmology in California.
(2) Completes a preceptorship of no less than 65 hours, during a
period of not less than two months nor more than one year, in either
an ophthalmologist's office or an optometric clinic. The training
received during the preceptorship shall be on the diagnosis,
treatment, and management of ocular, systemic disease. The preceptor
shall certify completion of the preceptorship. Authorization for the
ophthalmologist to serve as a preceptor shall be provided by an
accredited school of optometry in California, or by a recognized
residency review committee in ophthalmology, and the preceptor shall
be licensed as an ophthalmologist in California, board-certified in
ophthalmology, and in good standing with the Medical Board of
California. The individual serving as the preceptor shall schedule no
more than three optometrist applicants for each of the required 65
hours of the preceptorship program. This paragraph shall not be
construed to limit the total number of optometrist applicants for
whom an individual may serve as a preceptor, and is intended only to
ensure the quality of the preceptorship by requiring that the
ophthalmologist preceptor schedule the training so that each
applicant optometrist completes each of the 65 hours of the
preceptorship while scheduled with no more than two other optometrist
applicants.
(3) Successfully completes a minimum of 20 hours of self-directed
education.
(4) Passes the National Board of Examiners in Optometry's
"Treatment and Management of Ocular Disease" examination or, in the
event this examination is no longer offered, its equivalent, as
determined by the State Board of Optometry.
(5) Passes the examination issued upon completion of the 80-hour
didactic course required under paragraph (1) and provided by the
accredited school of optometry or residency program in ophthalmology.
(6) When any or all of the requirements contained in paragraph
(1), (4), or (5) have been satisfied on or after July 1, 1992, and
before January 1, 1996, an optometrist shall not be required to
fulfill the satisfied requirements in order to obtain certification
to use therapeutic pharmaceutical agents. In order for this paragraph
to apply to the requirement contained in paragraph (5), the didactic
examination that the applicant successfully completed shall meet
equivalency standards, as determined by the board.
(7) Any optometrist who graduated from an accredited school of
optometry on or after January 1, 1992, and before January 1, 1996,
shall not be required to fulfill the requirements contained in
paragraphs (1), (4), and (5).
(c) The board shall grant a certificate to use therapeutic
pharmaceutical agents to any applicant who graduated from a
California accredited school of optometry on or after January 1,
1996, who is licensed as an optometrist in California, and who meets
all of the following requirements:
(1) Passes the National Board of Examiners in Optometry's national
board examination, or its equivalent, as determined by the State
Board of Optometry.
(2) Of the total clinical training required by a school of
optometry's curriculum, successfully completed at least 65 of those
hours on the diagnosis, treatment, and management of ocular, systemic
disease.
(3) Is certified by an accredited school of optometry as competent
in the diagnosis, treatment, and management of ocular, systemic
disease to the extent authorized by this section.
(4) Is certified by an accredited school of optometry as having
completed at least 10 hours of experience with a board-certified
ophthalmologist.
(d) The board shall grant a certificate to use therapeutic
pharmaceutical agents to any applicant who is an optometrist who
obtained his or her license outside of California if he or she meets
all of the requirements for an optometrist licensed in California to
be certified to use therapeutic pharmaceutical agents.
(1) In order to obtain a certificate to use therapeutic
pharmaceutical agents, any optometrist who obtained his or her
license outside of California and graduated from an accredited school
of optometry prior to January 1, 1996, shall be required to fulfill
the requirements set forth in subdivision (b). In order for the
applicant to be eligible for the certificate to use therapeutic
pharmaceutical agents, the education he or she received at the
accredited out-of-state school of optometry shall be equivalent to
the education provided by any accredited school of optometry in
California for persons who graduate before January 1, 1996. For those
out-of-state applicants who request that any of the requirements
contained in subdivision (b) be waived based on fulfillment of the
requirement in another state, if the board determines that the
completed requirement was equivalent to that required in California,
the requirement shall be waived.
(2) In order to obtain a certificate to use therapeutic
pharmaceutical agents, any optometrist who obtained his or her
license outside of California and who graduated from an accredited
school of optometry on or after January 1, 1996, shall be required to
fulfill the requirements set forth in subdivision (c). In order for
the applicant to be eligible for the certificate to use therapeutic
pharmaceutical agents, the education he or she received by the
accredited out-of-state school of optometry shall be equivalent to
the education provided by any accredited school of optometry for
persons who graduate on or after January 1, 1996. For those
out-of-state applicants who request that any of the requirements
contained in subdivision (c) be waived based on fulfillment of the
requirement in another state, if the board determines that the
completed requirement was equivalent to that required in California,
the requirement shall be waived.
(3) The State Board of Optometry shall decide all issues relating
to the equivalency of an optometrist's education or training under
this subdivision.
SEC. 8. Section 4501 of the Business and
Professions Code is amended to read:
4501. (a) "Board," as used in this chapter, means the Board of
Vocational Nursing and Psychiatric Technicians.
(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. 9. Section 4503 of the Business and
Professions Code is amended to read:
4503. (a) The board shall administer and enforce this chapter.
(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. 10. Section 4982 of the Business and
Professions Code is amended to read:
4982. The board may refuse to issue any registration or license,
or may suspend or revoke the license or registration of any
registrant or licensee if the applicant, licensee, or registrant has
been guilty of unprofessional conduct. Unprofessional conduct shall
include, but not be limited to:
(a) The conviction of a crime substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The board may
inquire into the circumstances surrounding the commission of the
crime in order to fix the degree of discipline or to determine if the
conviction is substantially related to the qualifications,
functions, or duties of a licensee or registrant under this chapter.
A plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter shall be deemed to be a conviction within the
meaning of this section. The board may order any license or
registration suspended or revoked, or may decline to issue a license
or registration 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 Section 1203.4 of the Penal
Code allowing the person to withdraw a plea of guilty and enter a
plea of not guilty, or setting aside the verdict of guilty, or
dismissing the accusation, information, or indictment.
(b) Securing a license or registration by fraud, deceit, or
misrepresentation on any application for licensure or registration
submitted to the board, whether engaged in by an applicant for a
license or registration, or by a licensee in support of any
application for licensure or registration.
(c) Administering to himself or herself any controlled substance
or using of any of the dangerous drugs specified in Section 4022, or
of any alcoholic beverage to the extent, or in a manner, as to be
dangerous or injurious to the person applying for a registration or
license or holding a registration or license under this chapter, or
to any other person, or to the public, or, to the extent that the use
impairs the ability of the person applying for or holding a
registration or license to conduct with safety to the public the
practice authorized by the registration or license, or the conviction
of more than one misdemeanor or any felony involving the use,
consumption, or self-administration of any of the substances referred
to in this subdivision, or any combination thereof. The board shall
deny an application for a registration or license or revoke the
license or registration of any person, other than one who is licensed
as a physician and surgeon, who uses or offers to use drugs in the
course of performing marriage and family therapy services.
(d) Gross negligence or incompetence in the performance of
marriage and family therapy.
(e) Violating, attempting to violate, or conspiring to violate any
of the provisions of this chapter or any regulation adopted by the
board.
(f) Misrepresentation as to the type or status of a license or
registration held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
(g) Impersonation of another by any licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee, allowing any other person to use his or her license or
registration.
(h) Aiding or abetting, or employing, directly or indirectly, any
unlicensed or unregistered person to engage in conduct for which a
license or registration is required under this chapter.
(i) Intentionally or recklessly causing physical or emotional harm
to any client.
(j) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
(k) Engaging in sexual relations with a client, or a former client
within two years following termination of therapy, soliciting sexual
relations with a client, or committing an act of sexual abuse, or
sexual misconduct with a client, or committing an act punishable as a
sexually related crime, if that act or solicitation is substantially
related to the qualifications, functions, or duties of a marriage
and family therapist.
() Performing, or holding oneself out as being able to perform, or
offering to perform, or permitting any trainee or registered intern
under supervision to perform, any professional services beyond the
scope of the license authorized by this chapter.
(m) Failure to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client which is obtained from tests or
other means.
(n) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
(o) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional counseling
services actually provided by the licensee. Nothing in this
subdivision shall prevent collaboration among two or more licensees
in a case or cases. However, no fee shall be charged for that
collaboration, except when disclosure of the fee has been made in
compliance with subdivision (n).
(p) Advertising in a manner that is false, misleading, or
deceptive.
(q) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device.
(r) Any conduct in the supervision of any registered intern or
trainee by any licensee that violates this chapter or any rules or
regulations adopted by the board.
(s) Performing or holding oneself out as being able to perform
professional services beyond the scope of one's competence, as
established by one's education, training, or experience. This
subdivision shall not be construed to expand the scope of the license
authorized by this chapter.
(t) Permitting a trainee or registered intern under one's
supervision or control to perform, or permitting the trainee or
registered intern to hold himself or herself out as competent to
perform, professional services beyond the trainee's or registered
intern's level of education, training, or experience.
(u) The violation of any statute or regulation governing the
gaining and supervision of experience required by this chapter.
(v) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
(w) Engaging in an act described in Section 261, 286, 288a, or 289
of the Penal Code with a minor or an act described in Section 288 or
288.5 of the Penal Code regardless of whether the act occurred prior
to or after the time the registration or license was issued by the
board.
SEC. 11. Section 4989.54 of the Business and
Professions Code is amended to read:
4989.54. The board may deny a license or may suspend or revoke
the license of a licensee if he or she has been guilty of
unprofessional conduct. Unprofessional conduct includes, but is not
limited to, the following:
(a) Conviction of a crime substantially related to the
qualifications, functions and duties of an educational psychologist.
(1) The record of conviction shall be conclusive evidence only of
the fact that the conviction occurred.
(2) The board may inquire into the circumstances surrounding the
commission of the crime in order to fix the degree of discipline or
to determine if the conviction is substantially related to the
qualifications, functions, or duties of a licensee under this
chapter.
(3) A plea or verdict of guilty or a conviction following a plea
of nolo contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee under this chapter
shall be deemed to be a conviction within the meaning of this
section.
(4) The board may order a 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 Section 1203.4 of
the Penal Code allowing the person to withdraw a plea of guilty and
enter a plea of not guilty or setting aside the verdict of guilty or
dismissing the accusation, information, or indictment.
(b) Securing a license by fraud, deceit, or misrepresentation on
an application for licensure submitted to the board, whether engaged
in by an applicant for a license or by a licensee in support of an
application for licensure.
(c) Administering to himself or herself a controlled substance or
using any of the dangerous drugs specified in Section 4022 or an
alcoholic beverage to the extent, or in a manner, as to be dangerous
or injurious to himself or herself or to any other person or to the
public or to the extent that the use impairs his or her ability to
safely perform the functions authorized by the license.
(d) Conviction of more than one misdemeanor or any felony
involving the use, consumption, or self-administration of any of the
substances referred to in subdivision (c) or any combination thereof.
(e) Advertising in a manner that is false, misleading, or
deceptive.
(f) Violating, attempting to violate, or conspiring to violate any
of the provisions of this chapter or any regulation adopted by the
board.
(g) Commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee.
(h) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by another state or territory
or possession of the United States or by any other governmental
agency, on a license, certificate, or registration to practice
educational psychology or any other healing art. A certified copy of
the disciplinary action, decision, or judgment shall be conclusive
evidence of that action.
(i) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice as a clinical
social worker or marriage and family therapist.
(j) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
(k) Gross negligence or incompetence in the practice of
educational psychology.
() Misrepresentation as to the type or status of a license held by
the licensee or otherwise misrepresenting or permitting
misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
(m) Intentionally or recklessly causing physical or emotional harm
to any client.
(n) Engaging in sexual relations with a client or a former client
within two years following termination of professional services,
soliciting sexual relations with a client, or committing an act of
sexual abuse or sexual misconduct with a client or committing an act
punishable as a sexually related crime, if that act or solicitation
is substantially related to the qualifications, functions, or duties
of a licensed educational psychologist.
(o) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services or the basis upon which that fee will be
computed.
(p) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients.
(q) Failing to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client that is obtained from tests or
other means.
(r) Performing, holding himself or herself out as being able to
perform, or offering to perform any professional services beyond the
scope of the license authorized by this chapter or beyond his or her
field or fields of competence as established by his or her education,
training, or experience.
(s) Reproducing or describing in public, or in any publication
subject to general public distribution, any psychological test or
other assessment device the value of which depends in whole or in
part on the naivete of the subject in ways that might invalidate the
test or device. An educational psychologist shall limit access to the
test or device to persons with professional interests who can be
expected to safeguard its use.
(t) Aiding or abetting an unlicensed person to engage in conduct
requiring a license under this chapter.
(u) When employed by another person or agency, encouraging, either
orally or in writing, the employer's or agency's clientele to
utilize his or her private practice for further counseling without
the approval of the employing agency or administration.
(v) Failing to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
(w) Failing to comply with the elder and adult dependent abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
(x) Engaging in an act described in Section 261, 286, 288a, or 289
of the Penal Code with a minor or an act described in Section 288 or
288.5 of the Penal Code regardless of whether the act occurred prior
to or after the time the registration or license was issued by the
board.
SEC. 8. Section 4982 of the Business
and Professions Code is amended to read:
4982. The board may deny a license or registration or may suspend
or revoke the license or registration of a licensee or registrant if
he or she has been guilty of unprofessional conduct. Unprofessional
conduct includes, but is not limited to, the following:
(a) The conviction of a crime substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The board may
inquire into the circumstances surrounding the commission of the
crime in order to fix the degree of discipline or to determine if the
conviction is substantially related to the qualifications,
functions, or duties of a licensee or registrant under this chapter.
A plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter shall be deemed to be a conviction within the
meaning of this section. The board may order any license or
registration suspended or revoked, or may decline to issue a license
or registration 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 Section 1203.4 of the Penal
Code allowing the person to withdraw a plea of guilty and enter a
plea of not guilty, or setting aside the verdict of guilty, or
dismissing the accusation, information, or indictment.
(b) Securing a license or registration by fraud, deceit, or
misrepresentation on any application for licensure or registration
submitted to the board, whether engaged in by an applicant for a
license or registration, or by a licensee in support of any
application for licensure or registration.
(c) Administering to himself or herself any controlled substance
or using of any of the dangerous drugs specified in Section 4022, or
of any alcoholic beverage to the extent, or in a manner, as to be
dangerous or injurious to the person applying for a registration or
license or holding a registration or license under this chapter, or
to any other person, or to the public, or, to the extent that the use
impairs the ability of the person applying for or holding a
registration or license to conduct with safety to the public the
practice authorized by the registration or license, or the conviction
of more than one misdemeanor or any felony involving the use,
consumption, or self-administration of any of the substances referred
to in this subdivision, or any combination thereof. The board shall
deny an application for a registration or license or revoke the
license or registration of any person, other than one who is licensed
as a physician and surgeon, who uses or offers to use drugs in the
course of performing marriage and family therapy services.
(d) Gross negligence or incompetence in the performance of
marriage and family therapy.
(e) Violating, attempting to violate, or conspiring to violate any
of the provisions of this chapter or any regulation adopted by the
board.
(f) Misrepresentation as to the type or status of a license or
registration held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
(g) Impersonation of another by any licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee, allowing any other person to use his or her license or
registration.
(h) Aiding or abetting, or employing, directly or indirectly, any
unlicensed or unregistered person to engage in conduct for which a
license or registration is required under this chapter.
(i) Intentionally or recklessly causing physical or emotional harm
to any client.
(j) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
(k) Engaging in sexual relations with a client, or a former client
within two years following termination of therapy, soliciting sexual
relations with a client, or committing an act of sexual abuse, or
sexual misconduct with a client, or committing an act punishable as a
sexually related crime, if that act or solicitation is substantially
related to the qualifications, functions, or duties of a marriage
and family therapist.
() Performing, or holding oneself out as being able to perform, or
offering to perform, or permitting any trainee or registered intern
under supervision to perform, any professional services beyond the
scope of the license authorized by this chapter.
(m) Failure to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client that is obtained from tests or
other means.
(n) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
(o) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional counseling
services actually provided by the licensee. Nothing in this
subdivision shall prevent collaboration among two or more licensees
in a case or cases. However, no fee shall be charged for that
collaboration, except when disclosure of the fee has been made in
compliance with subdivision (n).
(p) Advertising in a manner that is false, misleading, or
deceptive.
(q) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device.
(r) Any conduct in the supervision of any registered intern or
trainee by any licensee that violates this chapter or any rules or
regulations adopted by the board.
(s) Performing or holding oneself out as being able to perform
professional services beyond the scope of one's competence, as
established by one's education, training, or experience. This
subdivision shall not be construed to expand the scope of the license
authorized by this chapter.
(t) Permitting a trainee or registered intern under one's
supervision or control to perform, or permitting the trainee or
registered intern to hold himself or herself out as competent to
perform, professional services beyond the trainee's or registered
intern's level of education, training, or experience.
(u) The violation of any statute or regulation governing the
gaining and supervision of experience required by this chapter.
(v) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
(w) Failure to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
(x) Failure to comply with the elder and dependent adult abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
(y) Willful violation of Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code.
(z) Failure to comply with Section 2290.5.
(aa) (1) Engaging in an act described in Section 261, 286, 288a,
or 289 of the Penal Code with a minor or an act described in Section
288 or 288.5 of the Penal Code regardless of whether the act occurred
prior to or after the time the registration or license was issued by
the board. An act described in this subdivision occurring prior to
the effective date of this subdivision shall constitute
unprofessional conduct and shall subject the licensee to refusal,
suspension, or revocation of a license under this section.
(2) The Legislature hereby finds and declares that protection of
the public, and in particular minors, from sexual misconduct by a
licensee is a compelling governmental interest, and that the ability
to suspend or revoke a license for sexual conduct with a minor
occurring prior to the effective date of this section is equally
important to protecting the public as is the ability to refuse a
license for sexual conduct with a minor occurring prior to the
effective date of this section.
SEC. 9 . Section 4989.54 of the
Business and Professions Code is amended to read:
4989.54. The board may deny a license or may suspend or revoke
the license of a licensee if he or she has been guilty of
unprofessional conduct. Unprofessional conduct includes, but is not
limited to, the following:
(a) Conviction of a crime substantially related to the
qualifications, functions and duties of an educational psychologist.
(1) The record of conviction shall be conclusive evidence only of
the fact that the conviction occurred.
(2) The board may inquire into the circumstances surrounding the
commission of the crime in order to fix the degree of discipline or
to determine if the conviction is substantially related to the
qualifications, functions, or duties of a licensee under this
chapter.
(3) A plea or verdict of guilty or a conviction following a plea
of nolo contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee under this chapter
shall be deemed to be a conviction within the meaning of this
section.
(4) The board may order a 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 Section 1203.4 of
the Penal Code allowing the person to withdraw a plea of guilty and
enter a plea of not guilty or setting aside the verdict of guilty or
dismissing the accusation, information, or indictment.
(b) Securing a license by fraud, deceit, or misrepresentation on
an application for licensure submitted to the board, whether engaged
in by an applicant for a license or by a licensee in support of an
application for licensure.
(c) Administering to himself or herself a controlled substance or
using any of the dangerous drugs specified in Section 4022 or an
alcoholic beverage to the extent, or in a manner, as to be dangerous
or injurious to himself or herself or to any other person or to the
public or to the extent that the use impairs his or her ability to
safely perform the functions authorized by the license.
(d) Conviction of more than one misdemeanor or any felony
involving the use, consumption, or self-administration of any of the
substances referred to in subdivision (c) or any combination thereof.
(e) Advertising in a manner that is false, misleading, or
deceptive.
(f) Violating, attempting to violate, or conspiring to violate any
of the provisions of this chapter or any regulation adopted by the
board.
(g) Commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee.
(h) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by another state or territory
or possession of the United States or by any other governmental
agency, on a license, certificate, or registration to practice
educational psychology or any other healing art. A certified copy of
the disciplinary action, decision, or judgment shall be conclusive
evidence of that action.
(i) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice as a clinical
social worker or marriage and family therapist.
(j) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
(k) Gross negligence or incompetence in the practice of
educational psychology.
() Misrepresentation as to the type or status of a license held by
the licensee or otherwise misrepresenting or permitting
misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
(m) Intentionally or recklessly causing physical or emotional harm
to any client.
(n) Engaging in sexual relations with a client or a former client
within two years following termination of professional services,
soliciting sexual relations with a client, or committing an act of
sexual abuse or sexual misconduct with a client or committing an act
punishable as a sexually related crime, if that act or solicitation
is substantially related to the qualifications, functions, or duties
of a licensed educational psychologist.
(o) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services or the basis upon which that fee will be
computed.
(p) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients.
(q) Failing to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client that is obtained from tests or
other means.
(r) Performing, holding himself or herself out as being able to
perform, or offering to perform any professional services beyond the
scope of the license authorized by this chapter or beyond his or her
field or fields of competence as established by his or her education,
training, or experience.
(s) Reproducing or describing in public, or in any publication
subject to general public distribution, any psychological test or
other assessment device the value of which depends in whole or in
part on the naivete of the subject in ways that might invalidate the
test or device. An educational psychologist shall limit access to the
test or device to persons with professional interests who can be
expected to safeguard its use.
(t) Aiding or abetting an unlicensed person to engage in conduct
requiring a license under this chapter.
(u) When employed by another person or agency, encouraging, either
orally or in writing, the employer's or agency's clientele to
utilize his or her private practice for further counseling without
the approval of the employing agency or administration.
(v) Failing to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
(w) Failing to comply with the elder and adult dependent abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
(x) Willful violation of Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code.
(y) (1) Engaging in an act described in Section 261, 286, 288a, or
289 of the Penal Code with a minor or an act described in Section
288 or 288.5 of the Penal Code regardless of whether the act occurred
prior to or after the time the registration or license was issued by
the board. An act described in this subdivision occurring prior to
the effective date of this subdivision shall constitute
unprofessional conduct and shall subject the licensee to refusal,
suspension, or revocation of a license under this section.
(2) The Legislature hereby finds and declares that protection of
the public, and in particular minors, from sexual misconduct by a
licensee is a compelling
governmental interest, and that the ability to suspend or revoke a
license for sexual conduct with a minor occurring prior to the
effective date of this section is equally important to protecting the
public as is the ability to refuse a license for sexual conduct with
a minor occurring prior to the effective date of this section.
SEC. 12. SEC. 10. Section 4990.32 of
the Business and Professions Code is amended to read:
4990.32. (a) Except as otherwise provided in this section, an
accusation filed pursuant to Section 11503 of the Government Code
against a licensee or registrant under the chapters the board
administers and enforces shall be filed within three years from the
date the board discovers the alleged act or omission that is the
basis for disciplinary action or within seven years from the date the
alleged act or omission that is the basis for disciplinary action
occurred, whichever occurs first.
(b) An accusation filed against a licensee alleging the
procurement of a license by fraud or misrepresentation is not subject
to the limitations set forth in subdivision (a).
(c) The limitations period provided by subdivision (a) shall be
tolled for the length of time required to obtain compliance when a
report required to be filed by the licensee or registrant with the
board pursuant to Article 11 (commencing with Section 800) of Chapter
1 is not filed in a timely fashion.
(d) An accusation alleging sexual misconduct shall be filed within
three years after the board discovers the act or omission alleged as
the grounds for disciplinary action or within 10 years after the act
or omission alleged as the grounds for disciplinary action occurred,
whichever occurs first. This subdivision shall apply to a complaint
alleging sexual misconduct received by the board on and after January
1, 2002.
(e) If an alleged act or omission involves a minor, the seven-year
limitations period provided for by subdivision (a) and the 10-year
limitations period provided for by subdivision (d) shall be tolled
until the minor reaches the age of majority. However, if the board
discovers an alleged act of sexual contact with a minor under Section
261, 286, 288, 288.5, 288a, or 289 of the Penal Code after the
limitations periods described in this subdivision have otherwise
expired, and there is independent evidence that corroborates the
allegation, an accusation shall be filed within three years from the
date the board discovers that alleged act.
(f) The limitations period provided by subdivision (a) shall be
tolled during any period if material evidence necessary for
prosecuting or determining whether a disciplinary action would be
appropriate is unavailable to the board due to an ongoing criminal
investigation.
(g) For purposes of this section, "discovers" means the latest of
the occurrence of any of the following with respect to each act or
omission alleged as the basis for disciplinary action:
(1) The date the board received a complaint or report describing
the act or omission.
(2) The date, subsequent to the original complaint or report, on
which the board became aware of any additional acts or omissions
alleged as the basis for disciplinary action against the same
individual.
(3) The date the board receives from the complainant a written
release of information pertaining to the complainant's diagnosis and
treatment.
SEC. 13. Section 4992.3 of the Business and
Professions Code is amended to read:
4992.3. The board may refuse to issue a registration or a
license, or may suspend or revoke the license or registration of any
registrant or licensee if the applicant, licensee, or registrant has
been guilty of unprofessional conduct. Unprofessional conduct
includes, but is not limited to:
(a) The conviction of a crime substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The board may
inquire into the circumstances surrounding the commission of the
crime in order to fix the degree of discipline or to determine if the
conviction is substantially related to the qualifications,
functions, or duties of a licensee or registrant under this chapter.
A plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter is a conviction within the meaning of this
section. The board may order any license or registration suspended or
revoked, or may decline to issue a license or registration 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 Section 1203.4 of the Penal Code allowing the person to
withdraw a plea of guilty and enter a plea of not guilty, or setting
aside the verdict of guilty, or dismissing the accusation,
information, or indictment.
(b) Securing a license or registration by fraud, deceit, or
misrepresentation on any application for licensure or registration
submitted to the board, whether engaged in by an applicant for a
license or registration, or by a licensee in support of any
application for licensure or registration.
(c) Administering to himself or herself any controlled substance
or using any of the dangerous drugs specified in Section 4022 or any
alcoholic beverage to the extent, or in a manner, as to be dangerous
or injurious to the person applying for a registration or license or
holding a registration or license under this chapter, or to any other
person, or to the public, or, to the extent that the use impairs the
ability of the person applying for or holding a registration or
license to conduct with safety to the public the practice authorized
by the registration or license, or the conviction of more than one
misdemeanor or any felony involving the use, consumption, or
self-administration of any of the substances referred to in this
subdivision, or any combination thereof. The board shall deny an
application for a registration or license or revoke the license or
registration of any person who uses or offers to use drugs in the
course of performing clinical social work. This provision does not
apply to any person also licensed as a physician and surgeon under
Chapter 5 (commencing with Section 2000) or the Osteopathic Act who
lawfully prescribes drugs to a patient under his or her care.
(d) Gross negligence or incompetence in the performance of
clinical social work.
(e) Violating, attempting to violate, or conspiring to violate
this chapter or any regulation adopted by the board.
(f) Misrepresentation as to the type or status of a license or
registration held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
For purposes of this subdivision, this misrepresentation includes,
but is not limited to, misrepresentation of the person's
qualifications as an adoption service provider pursuant to Section
8502 of the Family Code.
(g) Impersonation of another by any licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee, allowing any other person to use his or her license or
registration.
(h) Aiding or abetting any unlicensed or unregistered person to
engage in conduct for which a license or registration is required
under this chapter.
(i) Intentionally or recklessly causing physical or emotional harm
to any client.
(j) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
(k) Engaging in sexual relations with a client or with a former
client within two years from the termination date of therapy with the
client, soliciting sexual relations with a client, or committing an
act of sexual abuse, or sexual misconduct with a client, or
committing an act punishable as a sexually related crime, if that act
or solicitation is substantially related to the qualifications,
functions, or duties of a clinical social worker.
() Performing, or holding one's self out as being able to perform,
or offering to perform or permitting, any registered associate
clinical social worker or intern under supervision to perform any
professional services beyond the scope of the license authorized by
this chapter.
(m) Failure to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client which is obtained from tests or
other means.
(n) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
(o) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional counseling
services actually provided by the licensee. Nothing in this
subdivision shall prevent collaboration among two or more licensees
in a case or cases. However, no fee shall be charged for that
collaboration, except when disclosure of the fee has been made in
compliance with subdivision (n).
(p) Advertising in a manner which is false, misleading, or
deceptive.
(q) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device.
(r) Any conduct in the supervision of any registered associate
clinical social worker or intern by any licensee that violates this
chapter or any rules or regulations adopted by the board.
(s) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
(t) Engaging in an act described in Section 261, 286, 288a, or 289
of the Penal Code with a minor or an act described in Section 288 or
288.5 of the Penal Code regardless of whether the act occurred prior
to or after the time the registration or license was issued by the
board.
SEC. 11. Section 4992.3 of the Business
and Professions Code is amended to read:
4992.3. The board may deny a license or a registration, or may
suspend or revoke the license or registration of a licensee or
registrant if he or she has been guilty of unprofessional conduct.
Unprofessional conduct includes, but is not limited to, the
following:
(a) The conviction of a crime substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The board may
inquire into the circumstances surrounding the commission of the
crime in order to fix the degree of discipline or to determine if the
conviction is substantially related to the qualifications,
functions, or duties of a licensee or registrant under this chapter.
A plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter is a conviction within the meaning of this
section. The board may order any license or registration suspended or
revoked, or may decline to issue a license or registration 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 Section 1203.4 of the Penal Code allowing the person to
withdraw a plea of guilty and enter a plea of not guilty, or setting
aside the verdict of guilty, or dismissing the accusation,
information, or indictment.
(b) Securing a license or registration by fraud, deceit, or
misrepresentation on any application for licensure or registration
submitted to the board, whether engaged in by an applicant for a
license or registration, or by a licensee in support of any
application for licensure or registration.
(c) Administering to himself or herself any controlled substance
or using any of the dangerous drugs specified in Section 4022 or any
alcoholic beverage to the extent, or in a manner, as to be dangerous
or injurious to the person applying for a registration or license or
holding a registration or license under this chapter, or to any other
person, or to the public, or, to the extent that the use impairs the
ability of the person applying for or holding a registration or
license to conduct with safety to the public the practice authorized
by the registration or license, or the conviction of more than one
misdemeanor or any felony involving the use, consumption, or
self-administration of any of the substances referred to in this
subdivision, or any combination thereof. The board shall deny an
application for a registration or license or revoke the license or
registration of any person who uses or offers to use drugs in the
course of performing clinical social work. This provision does not
apply to any person also licensed as a physician and surgeon under
Chapter 5 (commencing with Section 2000) or the Osteopathic Act who
lawfully prescribes drugs to a patient under his or her care.
(d) Gross negligence or incompetence in the performance of
clinical social work.
(e) Violating, attempting to violate, or conspiring to violate
this chapter or any regulation adopted by the board.
(f) Misrepresentation as to the type or status of a license or
registration held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
For purposes of this subdivision, this misrepresentation includes,
but is not limited to, misrepresentation of the person's
qualifications as an adoption service provider pursuant to Section
8502 of the Family Code.
(g) Impersonation of another by any licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee, allowing any other person to use his or her license or
registration.
(h) Aiding or abetting any unlicensed or unregistered person to
engage in conduct for which a license or registration is required
under this chapter.
(i) Intentionally or recklessly causing physical or emotional harm
to any client.
(j) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
(k) Engaging in sexual relations with a client or with a former
client within two years from the termination date of therapy with the
client, soliciting sexual relations with a client, or committing an
act of sexual abuse, or sexual misconduct with a client, or
committing an act punishable as a sexually related crime, if that act
or solicitation is substantially related to the qualifications,
functions, or duties of a clinical social worker.
() Performing, or holding one's self out as being able to perform,
or offering to perform or permitting, any registered associate
clinical social worker or intern under supervision to perform any
professional services beyond the scope of the license authorized by
this chapter.
(m) Failure to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client that is obtained from tests or
other means.
(n) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
(o) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional counseling
services actually provided by the licensee. Nothing in this
subdivision shall prevent collaboration among two or more licensees
in a case or cases. However, no fee shall be charged for that
collaboration, except when disclosure of the fee has been made in
compliance with subdivision (n).
(p) Advertising in a manner that is false, misleading, or
deceptive.
(q) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device.
(r) Any conduct in the supervision of any registered associate
clinical social worker or intern by any licensee that violates this
chapter or any rules or regulations adopted by the board.
(s) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
(t) Failure to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
(u) Failure to comply with the elder and dependent adult abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
(v) Willful violation of Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code.
(w) Failure to comply with Section 2290.5.
(x) (1) Engaging in an act described in Section 261, 286, 288a, or
289 of the Penal Code with a minor or an act described in Section
288 or 288.5 of the Penal Code regardless of whether the act occurred
prior to or after the time the registration or license was issued by
the board. An act described in this subdivision occurring prior to
the effective date of this subdivision shall constitute
unprofessional conduct and shall subject the licensee to refusal,
suspension, or revocation of a license under this section.
(2) The Legislature hereby finds and declares that protection of
the public, and in particular minors, from sexual misconduct by a
licensee is a compelling governmental interest, and that the ability
to suspend or revoke a license for sexual conduct with a minor
occurring prior to the effective date of this section is equally
important to protecting the public as is the ability to refuse a
license for sexual conduct with a minor occurring prior to the
effective date of this section.
SEC. 14. SEC. 12. Section 5552.5 of
the Business and Professions Code is amended to read:
5552.5. The board may, by regulation, implement an intern
development program until July 1, 2011.
SEC. 15. Section 7026.1 of the Business and
Professions Code is amended to read:
7026.1. The term "contractor" includes all of the following:
(a) Any person not exempt under Section 7053 who maintains or
services air-conditioning, heating, or refrigeration equipment that
is a fixed part of the structure to which it is attached.
(b) Any person, consultant to an owner-builder, firm, association,
organization, partnership, business trust, corporation, or company,
who or which undertakes, offers to undertake, purports to have the
capacity to undertake, or submits a bid, to construct any building or
home improvement project, or part thereof.
(c) A temporary labor service agency that, as the employer,
provides employees for the performance of work covered by this
chapter. The provisions of this subdivision shall not apply if there
is a properly licensed contractor who exercises supervision in
accordance with Section 7068.1 and who is directly responsible for
the final results of the work. Nothing in this subdivision shall
require a qualifying individual, as provided in Section 7068, to be
present during the supervision of work covered by this chapter. A
contractor requesting the services of a temporary labor service
agency shall provide his or her license number to that temporary
labor service agency.
(d) Any person not otherwise exempt by this chapter, who performs,
offers to perform, purports to have the capacity to perform, or
submits a bid to perform tree removal, tree pruning, stump removal,
or tree or limb cabling or guying. The term contractor does not
include a person performing the activities of a nurseryperson who in
the normal course of routine work performs incidental pruning of
trees, or guying of planted trees and their limbs. The term
contractor does not include a gardener who in the normal course of
routine work performs incidental pruning of trees measuring less than
15 feet in height after planting.
(e) Any person engaged in the business of drilling, digging,
boring, or otherwise constructing, deepening, repairing,
reperforating, or abandoning any water well, cathodic protection
well, or monitoring well.
SEC. 16. SEC. 13. Section 7028 of
the Business and Professions Code is amended to read:
7028. (a) It is a misdemeanor for any person to engage in the
business or act in the capacity of a contractor within this state
without having a license therefor, unless the person is particularly
exempted from the provisions of this chapter.
(b) If a person has been previously convicted of the offense
described in this section, unless the provisions of subdivision (c)
are applicable, the court shall impose a fine of 20 percent of the
price of the contract under which the unlicensed person performed
, or offered to perform, contracting work, or four
thousand five hundred dollars ($4,500), whichever is greater, and,
unless the sentence prescribed in subdivision (c) is imposed, the
person shall be confined in a county jail for not less than 90 days,
except in an unusual case where the interests of justice would be
served by imposition of a lesser sentence or a fine. If the court
imposes only a fine or a jail sentence of less than 90 days for
second or subsequent convictions under this section, the court shall
state the reasons for its sentencing choice on the record.
(c) A third or subsequent conviction for the offense described in
this section is punishable by a fine of not less than four thousand
five hundred dollars ($4,500) nor more than the greater amount of
either ten thousand dollars ($10,000) or 20 percent of the contract
price under which the unlicensed person performed , or
offered to perform, contracting work or by imprisonment in
a county jail for not more than one year or less than 90 days, or by
both that fine and imprisonment. The penalty provided by this
subdivision is cumulative to the penalties available under all other
laws of this state.
(d) A person who violates this section is subject to the penalties
prescribed in subdivision (c) if the person was named on a license
that was previously revoked and, either in fact or under law, was
held responsible for any act or omission resulting in the revocation.
(e) In the event the person performing the contracting work has
agreed to furnish materials and labor on an hourly basis, "the price
of the contract" for the purposes of this section means the aggregate
sum of the cost of materials and labor furnished and the cost of
completing the work to be performed.
(f) Notwithstanding any other provision of law to the contrary, an
indictment for any violation of this section by the unlicensed
contractor shall be found or an information or complaint filed within
four years from the date of the contract proposal, contract,
completion, or abandonment of the work, whichever occurs last.
SEC. 17. Section 7303 of the Business and
Professions Code is amended 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
professions 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 shall 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. If 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 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. 14. Section 7303 of the Business
and Professions Code is amended 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
professions 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 shall 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 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.
SEC. 15. Section 7303.5 is added to the
Business and Professions Code , to read:
7303.5. (a) 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.
(b) The executive officer shall provide examiners, inspectors, and
other personnel necessary to carry out the provisions of this
chapter.
(c) This section shall become operative on July 1, 2008.
(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.
SEC. 18. SEC. 16. Section 8005 of
the Business and Professions Code is amended to read:
8005. The Court Reporters Board of California is charged with the
executive functions necessary for effectuating the purposes of this
chapter. It may appoint committees as it deems necessary or proper.
The board may appoint, prescribe the duties, and fix the salary of an
executive officer. Except as provided by Section 159.5, the board
may also employ other employees as may be necessary, subject to civil
service and other provisions of law.
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.
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. 19. SEC. 17. Section 22258 of
the Business and Professions Code is amended to read:
22258. (a) The following persons are exempt from the requirements
of this title, subject to the requirements of subdivision (b):
(1) A person with a current and valid license issued by the
California Board of Accountancy.
(2) A person who is an active member of the State Bar of
California.
(3) Any trust company or trust business as defined in Chapter 1
(commencing with Section 99) of Division 1 of the Financial Code.
(4) A financial institution regulated by the state or federal
government, insofar as the activities of the financial institution
with respect to tax preparation are subject to federal or state
examination or oversight.
(5) A person who is enrolled to practice before the Internal
Revenue Service pursuant to Subpart A (commencing with Section 10.1)
of Part 10 of Title 31 of the Code of Federal Regulations.
(6) Any employee of any person described in paragraph (1), (2),
(3), (4), or (5) , while functioning within the scope of that
employment .
(7) Any employee of any corporation, partnership, association, or
any entity described in subparagraph (B) of paragraph (1) of
subdivision (a) of Section 2225 22251 .
(b) (1) Paragraph Except for employees of
entities described in paragraph (3) or (4) of subdivision (a),
paragraph (6) of subdivision (a) shall apply only if all tax
returns prepared by that employee are signed by an employer
a person described in paragraph (1), (2), or (5)
of subdivision (a).
(2) Paragraph (7) of subdivision (a) shall apply only if all tax
returns prepared by that employee are signed by an employer
the person described in paragraph (7) of
subdivision (a).
(3) No person described in this subdivision as an employee may
sign a tax return, unless that employee is otherwise exempt under
this section, is registered as a tax preparer with the Council, or is
an employee of either a trust company or trust business described in
paragraph (3) of subdivision (a), or any employee of a financial
institution described in paragraph (4) of subdivision (a).
(4) In the case of any employee of a trust company or trust
business described in paragraph (3) of subdivision (a), or any
employee of a financial institution described in paragraph (4) of
subdivision (a), the exemption provided under this subdivision shall
only apply to activities conducted by that employee that are within
the scope of his or her employment.
(c) For purposes of this section, preparation of a tax return
includes the inputting of tax data into a computer.
SEC. 20. Section 22259 of the Business and
Professions Code is amended to read:
22259. This chapter shall be subject to the review required by
Division 1.2 (commencing with Section 473).
This chapter 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
that date on which it becomes inoperative and is repealed.
SEC. 21. Section 12529 of the Government Code,
as amended by Section 24 of Chapter 674 of the Statutes of 2005, is
amended to read:
12529. (a) There is in the Department of Justice the Health
Quality Enforcement Section. The primary responsibility of the
section is to investigate and prosecute proceedings against licensees
and applicants within the jurisdiction of the Medical Board of
California including all committees under the jurisdiction of the
board or a division of the board, including the Board of Podiatric
Medicine, and the Board of Psychology.
(b) The Attorney General shall appoint a Senior Assistant Attorney
General of the Health Quality Enforcement Section. The Senior
Assistant Attorney General of the Health Quality Enforcement Section
shall be an attorney in good standing licensed to practice in the
State of California, experienced in prosecutorial or administrative
disciplinary proceedings and competent in the management and
supervision of attorneys performing those functions.
(c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the most
complex and varied types of disciplinary actions against the
licensees of the division or board.
(d) Funding for the Health Quality Enforcement Section shall be
budgeted in consultation with the Attorney General from the special
funds financing the operations of the Medical Board of California,
the California Board of Podiatric Medicine, and the committees under
the jurisdiction of the Medical Board of California or a division of
the board, and the Board of Psychology, with the intent that the
expenses be proportionally shared as to services rendered.
(e) 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. 21.5 Section 12529 of the Government Code,
as amended by Section 24 of Chapter 674 of the Statutes of 2005, is
amended to read:
12529. (a) There is in the Department of Justice the Health
Quality Enforcement Section. The primary responsibility of the
section is to investigate and prosecute proceedings against licensees
and applicants within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, the Board of
Psychology, or any committee under the jurisdiction of the Medical
Board of California or a division of the board.
(b) The Attorney General shall appoint a Senior Assistant Attorney
General of the Health Quality Enforcement Section. The Senior
Assistant Attorney General of the Health Quality Enforcement Section
shall be an attorney in good standing licensed to practice in the
State of California, experienced in prosecutorial or administrative
disciplinary proceedings and competent in the management and
supervision of attorneys performing those functions.
(c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the most
complex and varied types of disciplinary actions against the
licensees of the division or board.
(d) Funding for the Health Quality Enforcement Section shall be
budgeted in consultation with the Attorney General from the special
funds financing the operations of the Medical Board of California,
the California Board of Podiatric Medicine, the Board of Psychology,
and the committees under the jurisdiction of the Medical Board of
California or a division of the board with the intent that the
expenses be proportionally shared as to services rendered.
(e) 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. 22. Section 12529 of the Government Code,
as added by Section 25 of Chapter 674 of the Statutes of 2005, is
amended to read:
12529. (a) There is in the Department of Justice the Health
Quality Enforcement Section. The primary responsibility of the
section is to prosecute proceedings against licensees and applicants
within the jurisdiction of the Medical Board of California including
all committees under the jurisdiction of the board or a division of
the board, including the Board of Podiatric Medicine, and the Board
of Psychology, and to provide ongoing review of the investigative
activities conducted in support of those prosecutions, as provided in
subdivision (b) of Section 12529.5.
(b) The Attorney General shall appoint a Senior Assistant Attorney
General of the Health Quality Enforcement Section. The Senior
Assistant Attorney General of the Health Quality Enforcement Section
shall be an attorney in good standing licensed to practice in the
State of California, experienced in prosecutorial or administrative
disciplinary proceedings and competent in the management and
supervision of attorneys performing those functions.
(c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the most
complex and varied types of disciplinary actions against the
licensees of the division or board.
(d) Funding for the Health Quality Enforcement Section shall be
budgeted in consultation with the Attorney General from the special
funds financing the operations of the Medical Board of California,
the California Board of Podiatric Medicine, and the committees under
the jurisdiction of the Medical Board of California or a division of
the board, and the Board of Psychology, with the intent that the
expenses be proportionally shared as to services rendered.
(e) This section shall become operative July 1, 2010.
SEC. 22.5 Section 12529 of the Government Code,
as added by Section 25 of Chapter 674 of the Statutes of 2005, is
amended to read:
12529. (a) There is in the Department of Justice the Health
Quality Enforcement Section. The primary responsibility of the
section is to prosecute proceedings against licensees and applicants
within the jurisdiction of the Medical Board of California, the
California Board of Podiatric Medicine, the Board of Psychology, or
any committee under the jurisdiction of the Medical Board of
California or a division of the board, and to provide ongoing review
of the investigative activities conducted in support of those
prosecutions, as provided in subdivision (b) of Section 12529.5.
(b) The Attorney General shall appoint a Senior Assistant Attorney
General of the Health Quality Enforcement Section. The Senior
Assistant Attorney General of the Health Quality Enforcement Section
shall be an attorney in good standing licensed to practice in the
State of California, experienced in prosecutorial or administrative
disciplinary proceedings and competent in the management and
supervision of attorneys performing those functions.
(c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the most
complex and varied types of disciplinary actions against the
licensees of the division or board.
(d) Funding for the Health Quality Enforcement Section shall be
budgeted in consultation with the Attorney General from the special
funds financing the operations of the Medical Board of California,
the California Board of Podiatric Medicine, the Board of Psychology,
and the committees under the jurisdiction of the Medical Board of
California or a division of the board with the intent that the
expenses be proportionally shared as to services rendered.
(e) This section shall become operative July 1, 2010.
SEC. 23. Section 12529.5 of the Government
Code, as amended by Section 26 of Chapter 674 of the Statutes of
2005, is amended to read:
12529.5. (a) All complaints or relevant information concerning
licensees that are within the jurisdiction of the Medical Board of
California or the Board of Psychology shall be made available to the
Health Quality Enforcement Section.
(b) The Senior Assistant Attorney General of the Health Quality
Enforcement Section shall assign attorneys to work on location at the
intake unit of the boards described in subdivision (d) of Section
12529 to assist in evaluating and screening complaints and to assist
in developing uniform standards and procedures for processing
complaints.
(c) The Senior Assistant Attorney General or his or her deputy
attorneys general shall assist the boards, division, or allied health
committees, including the Board of Podiatric Medicine, in designing
and providing initial and in-service training programs for staff of
the division, boards, or allied health committees, including, but not
limited to, information collection and investigation.
(d) The determination to bring a disciplinary proceeding against a
licensee of the division or the boards shall be made by the
executive officer of the division, the board, or allied health
committee, including the Board of Podiatric Medicine, or the Board of
Psychology, as appropriate in consultation with the senior
assistant.
(e) 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. 23.5. Section 12529.5 of the Government
Code, as amended by Section 26 of Chapter 674 of the Statutes of
2005, is amended to read:
12529.5. (a) All complaints or relevant information concerning
licensees that are within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, or the Board
of Psychology shall be made available to the Health Quality
Enforcement Section.
(b) The Senior Assistant Attorney General of the Health Quality
Enforcement Section shall assign attorneys to work on location at the
intake unit of the boards described in subdivision (d) of Section
12529 to assist in evaluating and screening complaints and to assist
in developing uniform standards and procedures for processing
complaints.
(c) The Senior Assistant Attorney General or his or her deputy
attorneys general shall assist the boards, division, or committees in
designing and providing initial and in-service training programs for
staff of the division, boards, or committees, including, but not
limited to, information collection and investigation.
(d) The determination to bring a disciplinary proceeding against a
licensee of the division or the boards shall be made by the
executive officer of the division, boards, or committees, as
appropriate in consultation with the senior assistant.
(e) 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. 24. Section 12529.5 of the Government
Code, as added by Section 27 of Chapter 674 of the Statutes of 2005,
is amended to read:
12529.5. (a) All complaints or relevant information concerning
licensees that are within the jurisdiction of the Medical Board of
California or the Board of Psychology shall be made available to the
Health Quality Enforcement Section.
(b) The Senior Assistant Attorney General of the Health Quality
Enforcement Section shall assign attorneys to assist the division and
the boards in intake and investigations and to direct
discipline-related prosecutions. Attorneys shall be assigned to work
closely with each major intake and investigatory unit of the boards,
to assist in the evaluation and screening of complaints from receipt
through disposition and to assist in developing uniform standards and
procedures for the handling of complaints and investigations.
A deputy attorney general of the Health Quality Enforcement
Section shall frequently be available on location at each of the
working offices at the major investigation centers of the boards, to
provide consultation and related services and engage in case review
with the boards' investigative, medical advisory, and intake staff.
The Senior Assistant Attorney General and deputy attorneys general
working at his or her direction shall consult as appropriate with the
investigators of the boards, medical advisors, and executive staff
in the investigation and prosecution of disciplinary cases.
(c) The Senior Assistant Attorney General or his or her deputy
attorneys general shall assist the boards, division, or allied health
committees, including the Board of Podiatric Medicine, in designing
and providing initial and in-service training programs for staff of
the division, boards, or allied health committees, including, but not
limited to, information collection and investigation.
(d) The determination to bring a disciplinary proceeding against a
licensee of the division or the boards shall be made by the
executive officer of the division, the board, or allied health
committee, including the Board of Podiatric Medicine, or the Board of
Psychology, as appropriate in consultation with the senior
assistant.
(e) This section shall become operative July 1, 2010.
SEC. 24.5 Section 12529.5 of the Government
Code, as added by Section 27 of Chapter 674 of the Statutes of 2005,
is amended to read:
12529.5. (a) All complaints or relevant information concerning
licensees that are within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, or the Board
of Psychology shall be made available to the Health Quality
Enforcement Section.
(b) The Senior Assistant Attorney General of the Health Quality
Enforcement Section shall assign attorneys to assist the division and
the boards in intake and investigations and to direct
discipline-related prosecutions. Attorneys shall be assigned to work
closely with each major intake and investigatory unit of the boards,
to assist in the evaluation and screening of complaints from receipt
through disposition and to assist in developing uniform standards and
procedures for the handling of complaints and investigations.
A deputy attorney general of the Health Quality Enforcement
Section shall frequently be available on location at each of the
working offices at the major investigation centers of the boards, to
provide consultation and related services and engage in case review
with the boards' investigative, medical advisory, and intake staff.
The Senior Assistant Attorney General and deputy attorneys general
working at his or her direction shall consult as appropriate with the
investigators of the boards, medical advisors, and executive staff
in the investigation and prosecution of disciplinary cases.
(c) The Senior Assistant Attorney General or his or her deputy
attorneys general shall assist the boards, division, or committees in
designing and providing initial and in-service training programs for
staff of the division, boards, or committees, including, but not
limited to, information collection and investigation.
(d) The determination to bring a disciplinary proceeding against a
licensee of the division or the boards shall be made by the
executive officer of the division, boards, or committees, as
appropriate in consultation with the senior assistant.
(e) This section shall become operative July 1, 2010.
SEC. 18. Section 22259 of the Business
and Professions Code is amended to read:
22259. This chapter shall be subject to the review
required by Division 1.2 (commencing with Section 473).
This chapter 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
that date on which it becomes inoperative and is repealed.
This chapter 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. 19. Section 12529 of the
Government Code , as amended by Section 90 of Chapter 588
of the Statutes of 2007, is amended to read:
12529. (a) There is in the Department of Justice the Health
Quality Enforcement Section. The primary responsibility of the
section is to investigate and prosecute proceedings against licensees
and applicants within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, the Board of
Psychology, or any committee under the jurisdiction of the Medical
Board of California or a division of the board.
(b) The Attorney General shall appoint a Senior Assistant Attorney
General of the Health Quality Enforcement Section. The Senior
Assistant Attorney General of the Health Quality Enforcement Section
shall be an attorney in good standing licensed to practice in the
State of California, experienced in prosecutorial or administrative
disciplinary proceedings and competent in the management and
supervision of attorneys performing those functions.
(c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the most
complex and varied types of disciplinary actions against the
licensees of the division or board.
(d) Funding for the Health Quality Enforcement Section shall be
budgeted in consultation with the Attorney General from the special
funds financing the operations of the Medical Board of California,
the California Board of Podiatric Medicine, the Board of Psychology,
and the committees under the jurisdiction of the Medical Board of
California or a division of the board, with the intent that the
expenses be proportionally shared as to services rendered.
(e) This section shall become inoperative on July 1, 2008
2010 , and, as of January 1, 2009
2011 , is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2009
2011 , deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 20. Section 12529 of the
Government Code , as amended by Section 91 of Chapter 588
of the Statutes of 2007, is amended to read:
12529. (a) There is in the Department of Justice the Health
Quality Enforcement Section. The primary responsibility of the
section is to prosecute proceedings against licensees and applicants
within the jurisdiction of the Medical Board of California, the
California Board of Podiatric Medicine, the Board of Psychology, or
any committee under the jurisdiction of the Medical Board of
California or a division of the board, and to provide ongoing review
of the investigative activities conducted in support of those
prosecutions, as provided in subdivision (b) of Section 12529.5.
(b) The Attorney General shall appoint a Senior Assistant Attorney
General of the Health Quality Enforcement Section. The Senior
Assistant Attorney General of the Health Quality Enforcement Section
shall be an attorney in good standing licensed to practice in the
State of California, experienced in prosecutorial or administrative
disciplinary proceedings and competent in the management and
supervision of attorneys performing those functions.
(c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the most
complex and varied types of disciplinary actions against the
licensees of the division or board.
(d) Funding for the Health Quality Enforcement Section shall be
budgeted in consultation with the Attorney General from the special
funds financing the operations of the Medical Board of California,
the California Board of Podiatric Medicine, the Board of Psychology,
and the committees under the jurisdiction of the Medical Board of
California or a division of the board, with the intent that the
expenses be proportionally shared as to services rendered.
(e) This section shall become operative July 1, 2008
2010 .
SEC. 21. Section 12529.5 of the
Government Code , as amended by Section 92 of Chapter 588
of the Statutes of 2007, is amended to read:
12529.5. (a) All complaints or relevant information concerning
licensees that are within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, or the Board
of Psychology shall be made available to the Health Quality
Enforcement Section.
(b) The Senior Assistant Attorney General of the Health Quality
Enforcement Section shall assign attorneys to work on location at the
intake unit of the boards described in subdivision (d) of Section
12529 to assist in evaluating and screening complaints and to assist
in developing uniform standards and procedures for processing
complaints.
(c) The Senior Assistant Attorney General or his or her deputy
attorneys general shall assist the boards, division, or committees in
designing and providing initial and in-service training programs for
staff of the division, boards, or committees, including, but not
limited to, information collection and investigation.
(d) The determination to bring a disciplinary proceeding against a
licensee of the division or the boards shall be made by the
executive officer of the division, boards, or committees as
appropriate in consultation with the senior assistant.
(e) This section shall become inoperative on July 1, 2008
2010 , and, as of January 1, 2009
2011 , is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2009
2011 , deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 22. Section 12529.5 of the
Government Code , as amended by Section 93 of Chapter 588
of the Statutes of 2007, is amended to read:
12529.5. (a) All complaints or relevant information concerning
licensees that are within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, or the Board
of Psychology shall be made available to the Health Quality
Enforcement Section.
(b) The Senior Assistant Attorney General of the Health Quality
Enforcement Section shall assign attorneys to assist the division and
the boards in intake and investigations and to direct
discipline-related prosecutions. Attorneys shall be assigned to work
closely with each major intake and investigatory unit of the boards,
to assist in the evaluation and screening of complaints from receipt
through disposition and to assist in developing uniform standards and
procedures for the handling of complaints and investigations.
A deputy attorney general of the Health Quality Enforcement
Section shall frequently be available on location at each of the
working offices at the major investigation centers of the boards, to
provide consultation and related services and engage in case review
with the boards' investigative, medical advisory, and intake staff.
The Senior Assistant Attorney General and deputy attorneys general
working at his or her direction shall consult as appropriate with the
investigators of the boards, medical advisors, and executive staff
in the investigation and prosecution of disciplinary cases.
(c) The Senior Assistant Attorney General or his or her deputy
attorneys general shall assist the boards, division, or committees in
designing and providing initial and in-service training programs for
staff of the division, boards, or committees, including, but not
limited to, information collection and investigation.
(d) The determination to bring a disciplinary proceeding against a
licensee of the division or the boards shall be made by the
executive officer of the division, boards, or committees as
appropriate in consultation with the senior assistant.
(e) This section shall become operative July 1, 2008
2010 .
SEC. 26. SEC. 23. Section 12529.6 of
the Government Code is amended to read:
12529.6. (a) The Legislature finds and declares that the Medical
Board of California, by ensuring the quality and safety of medical
care, performs one of the most critical functions of state
government. Because of the critical importance of the board's public
health and safety function, the complexity of cases involving alleged
misconduct by physicians and surgeons, and the evidentiary burden in
the board's disciplinary cases, the Legislature finds and declares
that using a vertical enforcement and prosecution model for those
investigations is in the best interests of the people of California.
(b) Notwithstanding any other provision of law, as of January 1,
2006, each complaint that is referred to a district office of the
board for investigation shall be simultaneously and jointly assigned
to an investigator and to the deputy attorney general in the Health
Quality Enforcement Section responsible for prosecuting the case if
the investigation results in the filing of an accusation. The joint
assignment of the investigator and the deputy attorney general shall
exist for the duration of the disciplinary matter. During the
assignment, the investigator so assigned shall, under the direction
but not the supervision of the deputy attorney general, be
responsible for obtaining the evidence required to permit the
Attorney General to advise the board on legal matters such as whether
the board should file a formal accusation, dismiss the complaint for
a lack of evidence required to meet the applicable burden of proof,
or take other appropriate legal action.
(c) The Medical Board of California, the Department of Consumer
Affairs, and the Office of the Attorney General shall, if necessary,
enter into an interagency agreement to implement this section.
(d) This section does not affect the requirements of Section
12529.5 as applied to the Medical Board of California where
complaints that have not been assigned to a field office for
investigation are concerned.
(e) It is the intent of the Legislature to enhance the vertical
enforcement and prosecution model as set forth in subdivision (a).
The Medical Board of California shall do both of the following:
(1) Increase its computer capabilities and compatibilities with
the Health Quality Enforcement Section in order to share case
information.
(2) Establish and implement a plan to locate its enforcement staff
and the staff of the Health Quality Enforcement Section in the same
offices, as appropriate, in order to carry out the intent of the
vertical enforcement and prosecution model.
(f) 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. 27. SEC. 24. Section 12529.7 of
the Government Code is amended to read:
12529.7. By July 1, 2009, the Medical Board of California, in
consultation with the Department of Justice, the Department of
Consumer Affairs, the Department of Finance, and the Department of
Personnel Administration, shall report and make recommendations to
the Governor and the Legislature on the vertical enforcement and
prosecution model created under Section 12529.6.
SEC. 28. Section 1.5 of this bill incorporates
amendments to Section 490 of the Business and Professions Code
proposed by both this bill and AB 1025. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2008, (2) each bill amends Section 490 of the
Business and Professions Code, and (3) this bill is enacted after AB
1025, in which case Section 1 of this bill shall not become
operative.
SEC. 29. Sections 21.5 and 22.5 of this bill
incorporate amendments to Section 12529 of the Government Code
proposed by both this bill and SB 1048. They shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2008, (2) each bill amends Section 12529 of the
Government Code, and (3) this bill is enacted after SB 1048, in which
case Sections 21 and 22 of this bill shall not become operative.
SEC. 30. Sections 23.5 and 24.5 of this bill
incorporate amendments to Section 12529.5 of the Government Code
proposed by both this bill and SB 1048. They shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2008, (2) each bill amends Section 12529.5 of the
Government Code, and (3) this bill is enacted after SB 1048, in which
case Sections 23 and 24 of this bill shall not become operative.
SEC. 31. SEC. 25. 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.
SEC. 26. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
To ensure that individuals engaging in certain professions and
vocations are adequately regulated in order to protect and safeguard
consumers and the public in this state, it is necessary that this act
take effect immediately.