BILL NUMBER: SB 1048 CHAPTERED
BILL TEXT
CHAPTER 588
FILED WITH SECRETARY OF STATE OCTOBER 13, 2007
APPROVED BY GOVERNOR OCTOBER 13, 2007
PASSED THE SENATE SEPTEMBER 11, 2007
PASSED THE ASSEMBLY SEPTEMBER 11, 2007
AMENDED IN ASSEMBLY SEPTEMBER 7, 2007
AMENDED IN ASSEMBLY AUGUST 27, 2007
AMENDED IN ASSEMBLY AUGUST 20, 2007
AMENDED IN ASSEMBLY JULY 12, 2007
AMENDED IN ASSEMBLY JUNE 27, 2007
INTRODUCED BY Committee on Business, Professions and Economic
Development (Senators Ridley-Thomas (Chair), Aanestad, Corbett,
Denham, Florez, Harman, Simitian, and Yee)
MARCH 22, 2007
An act to amend Sections 337, 1209, 1701.1, 1725, 1750, 1750.1,
1750.2, 1750.3, 1750.4, 1751, 1752, 1752.1, 1752.2, 1752.5, 1752.6,
1753, 1753.1, 1754, 1756, 1757, 1770, 2177, 2225, 2313, 2335, 2416,
2497.5, 2570.7, 2717, 2732.05, 3057, 3527, 3634, 4068, 4084, 4101,
4160, 4161, 4162, 4162.5, 4200, 4200.1, 4200.2, 4208, 4314, 4315,
4980.01, 4980.38, 4980.40, 4980.44, 4980.54, 4980.57, 4980.80,
4980.90, 4982, 4984.1, 4984.4, 4989.36, 4989.42, 4989.54, 4992.3,
4996.4, 4996.6, 4996.18, and 4996.22 of, to add Sections 1672, 2471,
2570.8, 4984.01, 4984.72, 4992.10, and 4996.28 to, and to repeal and
add Sections 3530, 4984.7, 4984.8, 4996.3, 4996.14, and 4997 of, the
Business and Professions Code, and to amend Sections 11372, 12529,
and 12529.5 of the Government Code, relating to healing arts, and
making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1048, Committee on Business, Professions and Economic
Development. Healing arts.
(1) Existing law provides for the regulation and licensure of
clinical laboratories and clinical laboratory personnel, including
laboratory directors.
This bill would prohibit a laboratory director from directing more
than a specified number of laboratories.
(2) Existing law, the Dental Practice Act, establishes the Dental
Board of California and provides for the licensure and regulation of
the practice of dentistry. The act makes the willful practice,
attempt to practice, or advertisement to practice without appropriate
authorization in circumstances causing harm, as specified, a
misdemeanor offense. The act also provides for the licensure of
various types of dental auxiliaries and for their licensure fees to
be established by board resolution, and requires the board to adopt
regulations for the approval and recognition of specified dental
education courses. The act also provides for the establishment by
board resolution of fees for the review of radiation courses and
specialty registration courses. The act defines the functions certain
dental auxiliaries are authorized to perform and the requirements
for such authorization, and, on and after January 1, 2008, revises
the criteria for licensure and the functions certain dental
auxiliaries are authorized to perform. Under the act, commencing on
that date, the board is authorized to issue dental auxiliary licenses
for a registered orthodontic, surgery, and restorative assistant,
and a dentist is authorized to train and educate employees in those
licensure categories pursuant to specified procedures. The act
requires the board, commencing January 1, 2008, to adopt regulations
governing the procedures that dental auxiliaries are authorized to
perform.
This bill would delay from January 1, 2008, to January 1, 2010,
the operation of provisions revising the duties and licensure
criteria for certain dental auxiliaries and requiring the board to
adopt regulations governing the procedures dental auxiliaries are
authorized to perform. The bill would similarly delay the board's
licensure of the additional dental auxiliary categories and would
revise the procedures applicable to a dentist training his or her
employees in those categories. The bill would revise the board's
requirement to adopt regulations for the approval and recognition of
dental education courses, and would revise the licensure and
examination fee provisions for dental auxiliaries and apply the fee
provisions applicable to review of radiation courses or specialty
registration courses to the review of any course approval
application. The bill would revise educational requirements for a
registered dental assistant with relation to the performance of
specified registered surgery assistant duties and monitoring of
patients during the preoperative, intraoperative, and postoperative
phases. The bill would make other related changes to the dental
auxiliary provisions of the Dental Practice Act. The bill would also
increase the punishment for unauthorized practice under the Dental
Practice Act in circumstances causing harm, as specified, by making
it a felony offense. The bill would authorize the board to require a
licensee to pay the costs of monitoring probationary terms or
conditions imposed on his or her license and would prohibit the board
from renewing or reinstating a license if those costs are unpaid.
(3) Existing law, the Medical Practice Act, provides for the
licensure and regulation of physicians and surgeons by the Medical
Board of California (the medical board) and for the licensure and
regulation of podiatrists by the California Board of Podiatric
Medicine (the podiatric board), within the jurisdiction of the
medical board. Existing law creates the Health Quality Enforcement
Section within the Department of Justice with the primary
responsibility of prosecuting proceedings against licensees and
applicants within the jurisdiction of the medical board and various
other boards. Under existing law, a panel of administrative law
judges, the Medical Quality Hearing Panel within the Office of
Administrative Hearings, conducts disciplinary proceedings against
licensees of the medical board and of boards under its jurisdiction.
Existing law requires the podiatric board and the Division of Medical
Quality of the medical board to issue an order of nonadoption of a
proposed decision by the Medical Quality Hearing Panel within 90 days
of receipt of the decision. Existing law requires that all
complaints or relevant information concerning licensees that are
within the jurisdiction of the medical board or the Board of
Psychology be made available to the Health Quality Enforcement
Section and requires the Division of Medical Quality of the medical
board to report annually specified information to the Legislature
relating to its operations and to the licensees of the medical board.
This bill would specify that an applicant remains eligible for a
physician and surgeon's certificate issued by the medical board after
having obtained a passing score on the licensure examination in more
than 4 attempts. The bill would authorize the podiatric board to
employ, within the limits of the funds received by the podiatric
board and subject to specified limitations, all personnel necessary
to carry out the licensing and regulatory provisions applicable to
podiatrists. The bill also would clarify that the provisions
concerning the responsibilities of the Health Quality Enforcement
Section within the Department of Justice apply to complaints and
proceedings concerning licensees of the podiatric board. The bill
would extend to 100 days the time period within which the podiatric
board and the Division of Medical Quality are required to issue an
order of nonadoption of a proposed decision by the Medical Quality
Hearing Panel and would revise the information the division is
required to include in its annual report to the Legislature.
(4) Existing law, the Occupational Therapy Act, establishes the
California Board of Occupational Therapy and makes it responsible for
issuing an occupational therapist's license and an occupational
therapy assistant certification. The act requires that licensure and
certification examinations be given at least twice each year at a
place determined by the board and that the board provide notice of
the examinations.
This bill would delete these particular provisions relating to
licensure and certification examinations and would specify that the
information on the board's Internet Web site is adequate for
licensure verification purposes.
(5) Existing law, the Nursing Practice Act, provides for the
registration and regulation of nurses by the Board of Registered
Nursing in the Department of Consumer Affairs. Existing law requires
an employer of, or agent for, a registered nurse to ascertain that
the nurse is authorized to practice as a registered professional
nurse. A violation of the Nursing Practice Act is a crime.
This bill would require an employer of, or agent for, a registered
nurse required to hold a board-issued certification, as specified,
or a temporary licensee or interim permittee to practice nursing to
ascertain that the person is currently authorized to practice
pursuant to the board-issued certification or as a temporary licensee
or interim permittee. Because this bill would impose new
requirements under the Nursing Practice Act, the violation of which
would be a crime, it would impose a state-mandated local program.
(6) Under existing law, the Optometry Practice Act, the State
Board of Optometry licenses and regulates persons engaged in the
practice of optometry and makes a violation of the act a crime.
Existing law requires an applicant for licensure to meet certain
requirements, including signing a release allowing disclosure of
information from the National Practitioner Data Bank.
This bill would instead require an applicant for licensure to sign
a release allowing disclosure of information from the Healthcare
Integrity and Protection Data Bank.
(7) Existing law, the Physician Assistant Practice Act, provides
for the licensing and regulation of physician assistants by the
Physician Assistant Committee of the Medical Board of California.
Existing law provides for the submission of applications for
reinstatement, restoration, or modification of probation with respect
to the revocation of a license or approval of a physician assistant
after a specified period of time.
This bill would delete those provisions and would instead
authorize a person whose license or approval has been revoked or
suspended or placed on probation to petition the committee to
reinstate the license or approval or modify the penalty after
specified minimum periods of time, would require the petitioner to
submit certain information, and would provide for a hearing by the
committee, as specified. The bill would authorize the committee to
require a licensee to pay the costs of monitoring probationary
conditions imposed on his or her license.
(8) Existing law provides for the licensure and regulation of
naturopathic doctors. Existing law requires a licensee to pass a
recertifying examination before the 10th anniversary of his or her
initial licensure, and requires the bureau to establish standards for
recertification.
This bill would delete the requirements that a licensee pass a
recertifying examination.
(9) Existing law, the Pharmacy Law, provides for the licensure and
regulation of pharmacists and wholesalers of dangerous drugs or
dangerous devices by the Pharmacy Board and generally makes a
violation of its provisions a crime.
Existing law authorizes a prescriber to dispense a controlled
substance to an emergency room patient, if certain requirements are
met, including the hospital pharmacy reporting dispensing information
to the Department of Justice, as specified, if the drug is a
schedule II or schedule III controlled substance.
This bill would also require the hospital to report dispensing
information for any schedule IV controlled substance.
Existing law requires a board inspector to affix a tag or other
marking to an adulterated or counterfeit dangerous drug or device, as
specified, until such time as the drug or device is found not to be
adulterated or counterfeit.
This bill would extend these provisions to dangerous drugs and
devices that are misbranded, as defined.
Existing law prohibits a person from acting as a wholesaler or
nonresident wholesaler of dangerous drugs or devices without a
license, but exempts certain drug manufacturers that are otherwise
licensed, as specified. Existing law authorizes the board to issue a
temporary wholesaler license or temporary nonresident wholesaler
license, as the board determines to be in the public interest, and
requires that the fee for such a license be fixed by the board at an
amount not to exceed the annual fee for renewal of a wholesaler
license or nonresident wholesaler license, respectively. Existing
law, until January 1, 2011, generally requires an applicant for
issuance or renewal of a wholesaler or nonresident wholesaler license
to submit a surety bond of $100,000 or an equivalent means of
security to secure payment of any administrative fines and costs
imposed by the board.
This bill would instead apply the exemption from licensing to
certain drug manufacturer premises that are otherwise licensed, as
specified. The bill would authorize the board to set the license fee
for a temporary wholesaler or temporary nonresident wholesaler
license at either $550 or an amount not to exceed the annual fee for
renewal of a license to compound injectable sterile drug products.
The bill would authorize such a temporary license to be issued for a
period not to exceed 180 days, subject to terms and conditions the
board deems necessary, when needed to protect public safety. The bill
would provide for termination of a temporary license that was issued
by mistake or where a permanent license has been denied, as
specified. The bill would extend the provisions requiring an
applicant for issuance or renewal of a wholesaler or a nonresident
wholesaler license to submit a surety bond or equivalent means of
security until January 1, 2015. Because the bill may increase the
amount of fees deposited into the Pharmacy Board Contingent Fund, a
continuously appropriated fund, the bill would make an appropriation.
Existing law requires the licensure of intern pharmacists, and
sets forth specified requirements that an intern pharmacist must meet
and conditions under which an intern pharmacist license may be
issued.
This bill would allow a person who has not completed the
experience requirements necessary to be eligible for the licensure
examination to have his or her intern license extended for up to 2
years at the discretion of the board in certain circumstances.
Under existing law, the board is authorized to issue citations
containing fines and orders of abatement for a violation of the
Pharmacy Law or regulations adopted pursuant to that law, and the
board's executive officer is authorized to issue a letter of
admonishment for a violation of those provisions. Existing law
authorizes a county to establish, by ordinance, a repository and
distribution program for purposes of distributing surplus unused
medications, as defined, to persons in need of financial assistance
to ensure access to necessary pharmaceutical therapies, and
authorizes a drug manufacturer or a licensed health facility,
pharmacy wholesaler, or pharmacy to donate medications pursuant to
the provisions.
This bill would allow a citation or letter of admonishment to be
issued for a violation of the provisions related to the repository
and distribution programs.
Because this bill would create new requirements under the Pharmacy
Law, the violation of which would be a crime, it would impose a
state-mandated local program.
The bill would make other technical and clarifying amendments to
the Pharmacy Law.
(10) Existing law establishes the Board of Behavioral Sciences and
provides for the licensure of marriage and family therapists and
registration of marriage and family therapist interns and for the
regulation of these licensees and registrants. Under existing law, a
licensee is required to complete continuing education as a
prerequisite for licensure renewal and may place his or her license
on inactive status. Existing law allows a licensee to renew his or
her expired license within 5 years of its expiration date. Existing
law assesses specified fees for licensure and registration with the
board that are deposited into the Behavioral Sciences Fund. Under
existing law, an employee of a governmental entity, educational
facility, or nonprofit charitable institution is exempt from the
provisions otherwise pertaining to marriage and family therapists if
his or her practice is performed under the employer's supervision.
This bill would additionally exempt from those provisions the work
performed by a volunteer in those particular settings. The bill
would revise the licensure requirements for an applicant possessing a
license issued by another state in an equivalent field and would
shorten the time within which an expired license may be renewed to 3
years after its expiration date. The bill would recast the provisions
relating to inactive licenses and would delete certain obsolete
continuing education requirements. The bill would delete other
obsolete provisions relating to intern registration and would recast
the renewal requirements for an intern registration. The bill would
designate additional acts as unprofessional conduct for disciplinary
purposes by the board and would recast its fee provisions.
(11) Existing law, the Educational Psychologist Practice Act,
provides for the licensure and regulation of educational
psychologists by the Board of Behavioral Sciences. Under the act, a
licensee is required to complete continuing education as a
prerequisite for licensure renewal and may renew his or her license
within 5 years of its expiration date.
This bill would shorten the time within which an expired license
may be renewed to 3 years after its expiration date and would
designate additional acts as unprofessional conduct for disciplinary
proceedings by the board.
(12) Existing law, the Clinical Social Workers Practice Act,
provides for the licensure and regulation of clinical social workers
by the Board of Behavioral Sciences and makes a violation of the act'
s provisions a crime. The act requires a person to register with the
board as an associate clinical social worker prior to obtaining
experience for licensure and allows the extension of this
registration after it has been renewed 5 times. Under the act, fees
assessed for registration and licensure are deposited into the
Behavioral Sciences Fund. The act requires its licensees to complete
continuing education as a prerequisite for licensure renewal and
allows a licensee to place his or her license on inactive status.
Under the act, a licensee may renew his or her expired license within
5 years of its expiration date. The act exempts from its provisions
the practice of an employee in specified settings and the use of
hypnotic techniques in designated settings.
This bill would revise these provisions to describe the exempt
practice settings as a governmental entity, a school, college, or
university, and a nonprofit charitable institution and would
additionally exempt from the act's provisions the work performed by a
volunteer in those settings. The bill would delete the provisions
allowing extension of the associate clinical worker registration and
would shorten the time within which an expired license may be renewed
to 3 years after its expiration date. The bill would recast the
licensure fee provisions and those relating to inactive licenses. The
bill would delete certain obsolete continuing education
requirements. The bill would designate additional acts as
unprofessional conduct for disciplinary purposes by the board and
would impose certain requirements on the use of a fictitious name by
a licensee in his or her practice. Because the bill would specify
additional requirements under the act, the violation of which would
be a crime, it would impose a state-mandated local program.
(13) This bill would incorporate additional changes in Sections
1725, 1750.4, 1753, and 1770 of the Business and Professions Code,
proposed by SB 534, to be operative only if SB 534 and this bill are
both chaptered and become effective on or before January 1, 2008, and
this bill is chaptered last.
This bill would incorporate additional changes in Section 1751 of
the Business and Professions Code, proposed by SB 534 and SB 963, to
be operative only if either or both of those bills and this bill are
chaptered and become effective on or before January 1, 2008, and this
bill is chaptered last.
This bill would incorporate additional changes to Section 2335 of
the Business and Professions Code, proposed by AB 253, to be
operative only if AB 253 and this bill are both chaptered and become
effective on or before January 1, 2008, and this bill is chaptered
last.
This bill would incorporate additional changes to Section 4200.1
of the Business and Professions Code, proposed by SB 963, to be
operative only if SB 963 and this bill are both chaptered and become
effective on or before January 1, 2008, and this bill is chaptered
last.
This bill would incorporate additional changes in Sections 12529
and 12529.5 of the Government Code, proposed by SB 797 to be
operative only if SB 797 and this bill are both chaptered and become
effective on or before January 1, 2008, and this bill is chaptered
last.
(14) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 337 of the Business and Professions Code is
amended to read:
337. (a) The department shall prepare and disseminate an
informational brochure for victims of psychotherapist-patient sexual
contact and advocates for those victims. This brochure shall be
developed by the department in consultation with members of the
Sexual Assault Program of the Office of Criminal Justice Planning and
the office of the Attorney General.
(b) The brochure shall include, but is not limited to, the
following:
(1) A legal and an informal definition of psychotherapist-patient
sexual contact.
(2) A brief description of common personal reactions and histories
of victims and victim's families.
(3) A patient's bill of rights.
(4) Options for reporting psychotherapist-patient sexual relations
and instructions for each reporting option.
(5) A full description of administrative, civil, and professional
associations complaint procedures.
(6) A description of services available for support of victims.
(c) The brochure shall be provided to each individual contacting
the Medical Board of California and affiliated health boards or the
Board of Behavioral Sciences regarding a complaint involving
psychotherapist-patient sexual relations.
SEC. 2. Section 1209 of the Business and Professions Code is
amended to read:
1209. (a) As used in this chapter, "laboratory director" means
any person who is a duly licensed physician and surgeon, or is
licensed to direct a clinical laboratory under this chapter and who
substantially meets the laboratory director qualifications under CLIA
for the type and complexity of tests being offered by the
laboratory. The laboratory director, if qualified under CLIA, may
perform the duties of the technical consultant, technical supervisor,
clinical consultant, general supervisor, and testing personnel, or
delegate these responsibilities to persons qualified under CLIA. If
the laboratory director reapportions performance of those
responsibilities or duties, he or she shall remain responsible for
ensuring that all those duties and responsibilities are properly
performed.
(b) (1) The laboratory director is responsible for the overall
operation and administration of the clinical laboratory, including
administering the technical and scientific operation of a clinical
laboratory, the selection and supervision of procedures, the
reporting of results, and active participation in its operations to
the extent necessary to ensure compliance with this act and CLIA. He
or she shall be responsible for the proper performance of all
laboratory work of all subordinates and shall employ a sufficient
number of laboratory personnel with the appropriate education and
either experience or training to provide appropriate consultation,
properly supervise and accurately perform tests, and report test
results in accordance with the personnel qualifications, duties, and
responsibilities described in CLIA and this chapter.
(2) Where a point-of-care laboratory testing device is utilized
and provides results for more than one analyte, the testing personnel
may perform and report the results of all tests ordered for each
analyte for which he or she has been found by the laboratory director
to be competent to perform and report.
(c) As part of the overall operation and administration, the
laboratory director of a registered laboratory shall document the
adequacy of the qualifications (educational background, training, and
experience) of the personnel directing and supervising the
laboratory and performing the laboratory test procedures and
examinations. In determining the adequacy of qualifications, the
laboratory director shall comply with any regulations adopted by the
department that specify the minimum qualifications for personnel, in
addition to any CLIA requirements relative to the education or
training of personnel.
(d) As part of the overall operation and administration, the
laboratory director of a licensed laboratory shall do all of the
following:
(1) Ensure that all personnel, prior to testing biological
specimens, have the appropriate education and experience, receive the
appropriate training for the type and complexity of the services
offered, and have demonstrated that they can perform all testing
operations reliably to provide and report accurate results. In
determining the adequacy of qualifications, the laboratory director
shall comply with any regulations adopted by the department that
specify the minimum qualifications for, and the type of procedures
that may be performed by, personnel in addition to any CLIA
requirements relative to the education or training of personnel. Any
regulations adopted pursuant to this section that specify the type of
procedure that may be performed by testing personnel shall be based
on the skills, knowledge, and tasks required to perform the type of
procedure in question.
(2) Ensure that policies and procedures are established for
monitoring individuals who conduct preanalytical, analytical, and
postanalytical phases of testing to ensure that they are competent
and maintain their competency to process biological specimens,
perform test procedures, and report test results promptly and
proficiently, and, whenever necessary, identify needs for remedial
training or continuing education to improve skills.
(3) Specify in writing the responsibilities and duties of each
individual engaged in the performance of the preanalytic, analytic,
and postanalytic phases of clinical laboratory tests or examinations,
including which clinical laboratory tests or examinations the
individual is authorized to perform, whether supervision is required
for the individual to perform specimen processing, test performance,
or results reporting, and whether consultant, supervisor, or director
review is required prior to the individual reporting patient test
results.
(e) The competency and performance of staff of a licensed
laboratory shall be evaluated and documented by the laboratory
director, or by a person who qualifies as a technical consultant or a
technical supervisor under CLIA depending on the type and complexity
of tests being offered by the laboratory.
(1) The procedures for evaluating the competency of the staff
shall include, but are not limited to, all of the following:
(A) Direct observations of routine patient test performance,
including patient preparation, if applicable, and specimen handling,
processing, and testing.
(B) Monitoring the recording and reporting of test results.
(C) Review of intermediate test results or worksheets, quality
control records, proficiency testing results, and preventive
maintenance records.
(D) Direct observation of performance of instrument maintenance
and function checks.
(E) Assessment of test performance through testing previously
analyzed specimens, internal blind testing samples, or external
proficiency testing samples.
(F) Assessment of problem solving skills.
(2) Evaluation and documentation of staff competency and
performance shall occur at least semiannually during the first year
an individual tests biological specimens. Thereafter, evaluations
shall be performed at least annually unless test methodology or
instrumentation changes, in which case, prior to reporting patient
test results, the individual's performance shall be reevaluated to
include the use of the new test methodology or instrumentation.
(f) The laboratory director of each clinical laboratory of an
acute care hospital shall be a physician and surgeon who is a
qualified pathologist, except as follows:
(1) If a qualified pathologist is not available, a physician and
surgeon or a clinical laboratory bioanalyst qualified as a laboratory
director under subdivision (a) may direct the laboratory. However, a
qualified pathologist shall be available for consultation at
suitable intervals to ensure high quality service.
(2) If there are two or more clinical laboratories of an acute
care hospital, those additional clinical laboratories that are
limited to the performance of blood gas analysis, blood electrolyte
analysis, or both may be directed by a physician and surgeon
qualified as a laboratory director under subdivision (a),
irrespective of whether a pathologist is available.
As used in this subdivision, a qualified pathologist is a
physician and surgeon certified or eligible for certification in
clinical or anatomical pathology by the American Board of Pathology
or the American Osteopathic Board of Pathology.
(g) Subdivision (f) does not apply to any director of a clinical
laboratory of an acute care hospital acting in that capacity on or
before January 1, 1988.
(h) A laboratory director may serve as the director of up to the
maximum number of laboratories stipulated by CLIA, as defined under
Section 1202.5.
SEC. 3. Section 1672 is added to the Business and Professions
Code, to read:
1672. (a) When the board disciplines a licensee by placing him or
her on probation, the board may, in addition to the terms and
conditions described in Section 1671, require the licensee to pay the
monetary costs associated with monitoring the licensee's probation.
(b) The board shall not renew the license of a licensee who fails
to pay all of the costs he or she is ordered to pay pursuant to this
section once the licensee has served his or her term of probation.
(c) The board shall not reinstate a license if the petitioner has
failed to pay any costs he or she was ordered to pay pursuant to this
section.
SEC. 4. Section 1701.1 of the Business and Professions Code is
amended to read:
1701.1. (a) Notwithstanding Sections 1700 and 1701, a person who
willfully, under circumstances or conditions that cause or create
risk of bodily harm, serious physical or mental illness, or death,
practices or attempts to practice, or advertises or holds himself or
herself out as practicing dentistry without having at the time of so
doing a valid, unrevoked, and unsuspended certificate, license,
registration, or permit as provided in this chapter, or without being
authorized to perform that act pursuant to a certificate, license,
registration, or permit obtained in accordance with some other
provision of law, is guilty of a public offense, punishable by a fine
not exceeding ten thousand dollars ($10,000), by imprisonment in the
state prison, by imprisonment in a county jail not exceeding one
year, or by both the fine and either imprisonment.
(b) A person who conspires with or aids and abets another to
commit any act described in subdivision (a) is guilty of a public
offense and subject to the punishment described in subdivision (a).
(c) The remedy provided in this section shall not preclude any
other remedy provided by law.
SEC. 5. Section 1725 of the Business and Professions Code is
amended to read:
1725. The amount of the fees prescribed by this chapter that
relate to the licensing of dental auxiliaries shall be established by
board resolution and subject to the following limitations:
(a) The application fee for an original license shall not exceed
twenty dollars ($20). On and after January 1, 2010, the application
fee for an original license shall not exceed fifty dollars ($50).
(b) (1) The fee for examination for licensure as a registered
dental assistant shall not exceed fifty dollars ($50) for the written
examination and shall not exceed sixty dollars ($60) for the
practical examination.
(2) On and after January 1, 2008, the following fees are
established for registered orthodontic assistants, registered surgery
assistants, registered restorative assistants, and registered dental
assistants:
(A) The fee for application and for the issuance of a license
shall not exceed fifty dollars ($50).
(B) The fee for the practical examination shall not exceed the
actual cost of the examination.
(C) The fee for a written examination shall not exceed the actual
cost of the examination.
(c) The fee for examination for licensure as a registered dental
assistant in extended functions or a registered restorative assistant
in extended functions shall not exceed the actual cost of the
examination.
(d) The fee for examination for licensure as a registered dental
hygienist shall not exceed the actual cost of the examination.
(e) For third- and fourth-year dental students, the fee for
examination for licensure as a registered dental hygienist shall not
exceed the actual cost of the examination.
(f) The fee for examination for licensure as a registered dental
hygienist in extended functions shall not exceed the actual cost of
the examination.
(g) The board shall establish the fee at an amount not to exceed
the actual cost for licensure as a registered dental hygienist in
alternative practice.
(h) The biennial renewal fee for a dental auxiliary whose license
expires on or after January 1, 1991, shall not exceed sixty dollars
($60). On or after January 1, 1992, the board may set the renewal fee
in an amount not to exceed eighty dollars ($80).
(i) The delinquency fee shall not exceed twenty-five dollars ($25)
or one-half of the renewal fee, whichever is greater. Any delinquent
license may be restored only upon payment of all fees, including the
delinquency fee.
(j) The fee for issuance of a duplicate registration, license, or
certificate to replace one that is lost or destroyed, or in the event
of a name change, shall not exceed twenty-five dollars ($25).
(k) The fee for each curriculum review and site evaluation for
educational programs for registered dental assistants that are not
accredited by a board-approved agency, the Council for Private
Postsecondary and Vocational Education, or the Chancellor's office of
the California Community Colleges shall not exceed one thousand four
hundred dollars ($1,400).
(l) The fee for review of each approval application for a course
that is not accredited by a board-approved agency, the Council for
Private Postsecondary and Vocational Education, or the Chancellor's
office of the California Community Colleges shall not exceed three
hundred dollars ($300).
(m) No fees or charges other than those listed in subdivisions (a)
through (k) above shall be levied by the board in connection with
the licensure of dental auxiliaries, registered dental assistants
educational program site evaluations and radiation safety course
evaluations pursuant to this chapter.
(n) Fees fixed by the board pursuant to this section shall not be
subject to the approval of the Office of Administrative Law.
(o) Fees collected pursuant to this section shall be deposited in
the State Dental Auxiliary Fund.
SEC. 5.5. Section 1725 of the Business and Professions Code is
amended to read:
1725. The amount of the fees prescribed by this chapter that
relate to the licensing of dental auxiliaries shall be established by
board resolution and subject to the following limitations:
(a) The application fee for an original license shall not exceed
twenty dollars ($20). On and after January 1, 2010, the application
fee for an original license shall not exceed fifty dollars ($50).
(b) (1) The fee for examination for licensure as a registered
dental assistant shall not exceed fifty dollars ($50) for the written
examination and shall not exceed sixty dollars ($60) for the
practical examination.
(2) On and after January 1, 2008, the following fees are
established for registered orthodontic assistants, registered surgery
assistants, registered restorative assistants, and registered dental
assistants:
(A) The fee for application and for the issuance of a license
shall not exceed fifty dollars ($50).
(B) The fee for the practical examination shall not exceed the
actual cost of the examination.
(C) The fee for a written examination shall not exceed the actual
cost of the examination.
(c) The fee for examination for licensure as a registered dental
assistant in extended functions or a registered restorative assistant
in extended functions shall not exceed the actual cost of the
examination.
(d) The biennial renewal fee for a dental assistant shall not
exceed eighty dollars ($80).
(e) The delinquency fee shall not exceed twenty-five dollars ($25)
or one-half of the renewal fee, whichever is greater. Any delinquent
license may be restored only upon payment of all fees, including the
delinquency fee.
(f) The fee for issuance of a duplicate registration, license, or
certificate to replace one that is lost or destroyed, or in the event
of a name change, shall not exceed twenty-five dollars ($25).
(g) The fee for each curriculum review and site evaluation for
educational programs for registered dental assistants that are not
accredited by a board-approved agency, the Council for Private
Postsecondary and Vocational Education, or the Chancellor's office of
the California Community Colleges shall not exceed one thousand four
hundred dollars ($1,400).
(h) The fee for review of each approval application for a course
that is not accredited by a board-approved agency, the Council for
Private Postsecondary and Vocational Education, or the Chancellor's
office of the California Community Colleges shall not exceed three
hundred dollars ($300).
(i) No fees or charges other than those listed in subdivisions (a)
through (h) above shall be levied by the board in connection with
the licensure of dental assistants, dental assisting educational
program site evaluations, and radiation safety course evaluations,
pursuant to this chapter.
(j) Fees fixed by the board pursuant to this section shall not be
subject to the approval of the Office of Administrative Law.
(k) Fees collected pursuant to this section shall be deposited in
the State Dental Assistant Fund.
SEC. 6. Section 1750 of the Business and Professions Code, as
amended by Section 3 of Chapter 621 of the Statutes of 2005, is
amended to read:
1750. (a) A dental assistant is a person who may perform basic
supportive dental procedures as authorized by this article under the
supervision of a licensed dentist and who may perform basic
supportive procedures as authorized pursuant to subdivision (b) of
Section 1751 under the supervision of a registered dental hygienist
in alternative practice.
(b) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
SEC. 7. Section 1750 of the Business and Professions Code, as
amended by Section 4 of Chapter 621 of the Statutes of 2005, is
amended to read:
1750. (a) A dental assistant is an individual who, without a
license, may perform basic supportive dental procedures, as
authorized by this article and by regulations adopted by the board,
under the supervision of a licensed dentist. "Basic supportive dental
procedures" are those procedures that have technically elementary
characteristics, are completely reversible, and are unlikely to
precipitate potentially hazardous conditions for the patient being
treated. These basic supportive dental procedures may be performed
under general supervision. These basic supportive dental procedures
do not include those procedures authorized in Section 1750.3 or
Section 1753.1, or by the board pursuant to Section 1751 for
registered assistants.
(b) The supervising licensed dentist shall be responsible for
determining the competency of the dental assistant to perform the
basic supportive dental procedures authorized pursuant to subdivision
(a).
(c) The supervising licensed dentist shall be responsible for
assuring that each dental assistant, registered orthodontic
assistant, registered surgery assistant, registered restorative
assistant, registered restorative assistant in extended functions,
registered dental assistant, and registered dental assistant in
extended functions, who is in his or her continuous employ for 120
days or more, has completed both of the following within a year of
the date of employment:
(1) Board-approved courses in infection control and California
law.
(2) A course in basic life support offered by the American Red
Cross, the American Heart Association, or any other course approved
by the board as equivalent.
(d) Prior to operating radiographic equipment or applying for
licensure as a registered dental assistant under Section 1752.5, an
auxiliary described in subdivision (c) shall successfully complete a
radiation safety course approved by the board.
(e) This section shall become operative on January 1, 2010.
SEC. 8. Section 1750.1 of the Business and Professions Code is
amended to read:
1750.1. (a) The practice of dental assisting does not include any
of the following procedures:
(1) Diagnosis and comprehensive treatment planning.
(2) Placing, finishing, or removing permanent restorations, except
as provided in Section 1753.1.
(3) Surgery or cutting on hard and soft tissue including, but not
limited to, the removal of teeth and the cutting and suturing of soft
tissue.
(4) Prescribing medication.
(5) Starting or adjusting local or general anesthesia or oral or
parenteral conscious sedation, except for the administration of
nitrous oxide and oxygen, whether administered alone or in
combination with each other and except as otherwise provided in this
article.
(b) This section shall become operative on January 1, 2010.
SEC. 9. Section 1750.2 of the Business and Professions Code is
amended to read:
1750.2. (a) On and after January 1, 2010, the board shall license
as a "registered orthodontic assistant," "registered surgery
assistant," or "registered restorative assistant" any person who does
either of the following:
(1) Submits written evidence of satisfactory completion of a
course or courses approved by the board pursuant to subdivision (b)
that qualifies him or her in one of these specialty areas of practice
and obtains a passing score on both of the following:
(A) A written examination approved by the board and administered
by the Committee on Dental Auxiliaries (COMDA) or by an entity
recommended by COMDA. COMDA may enter into a written agreement with a
public or private organization for the administration of the
examination. All aspects of the examination shall comply with Section
139.
(B) A practical examination for the specialty category for which
the person is seeking licensure that is approved by the board and
administered by the Committee on Dental Auxiliaries (COMDA) or by an
entity recommended by COMDA. COMDA may enter into a written agreement
with a public or private organization for the administration of the
examination. All aspects of the examination shall comply with Section
139.
(2) Completes a work experience pathway to licensure that meets
the requirements set forth in Section 1750.4. This section permits
the work experience pathway to licensure only for those assistants
described in this subdivision and does not apply to dentists or
dental hygienists.
(b) The board shall adopt regulations for the approval of
specialty registration courses in the specialty areas specified in
this section. The board shall also adopt regulations for the approval
and recognition of core courses that teach basic dental science.
The regulations shall define the minimum education and training
requirements necessary to achieve proficiency in the procedures
authorized for each specialty registration, taking into account the
combinations of classroom and practical instruction, clinical
training, and supervised work experience that are most likely to
provide the greatest number of opportunities for improving dental
assisting skills efficiently.
(c) The board may approve specialty registration courses referred
to in this section prior to January 1, 2010, and the board shall
recognize the completion of these approved courses prior to January
1, 2010, but no specialty registrations shall be issued prior to
January 1, 2010.
(d) The board may approve a course for the specialty registration
listed in subdivision (b) that does not include instruction in
coronal polishing.
(e) The board may approve a course that only includes instruction
in coronal polishing as specified in paragraph (8) of subdivision (b)
of Section 1750.3.
(f) A person who holds a specialty registration pursuant to this
section shall be subject to the continuing education requirements
established by the board pursuant to Section 1645 and the renewal
requirements of Article 6 (commencing with Section 1715).
SEC. 10. Section 1750.3 of the Business and Professions Code is
amended to read:
1750.3. (a) A registered orthodontic assistant may perform all of
the following dental procedures, as well as those authorized by
board regulations adopted pursuant to Section 1751:
(1) Any duties that a dental assistant may perform.
(2) Mouth-mirror inspections of the oral cavity, to include
charting of obvious lesions, existing restorations, and missing
teeth.
(3) Placing metal orthodontic separators.
(4) Placing ligatures and arch wires.
(5) Taking orthodontic impressions.
(6) Sizing, fitting, cementing, and removal of orthodontic bands.
(7) Selecting, prepositioning, curing in a position approved by
the supervising dentist, and removal of orthodontic brackets.
(8) Coronal polishing.
(9) Preparing teeth for bonding.
(10) Applying bleaching agents and activating bleaching agents
with nonlaser, light-curing devices.
(11) Removal of excess cement from coronal surfaces of teeth under
orthodontic treatment by means of a hand instrument or an ultrasonic
scaler.
(12) Taking facebow transfers and bite registrations for
diagnostic models for case study only.
(b) A registered surgery assistant may perform the following
dental procedures, as well as those authorized by board regulations
adopted pursuant to Section 1751:
(1) Any duties that a dental assistant may perform.
(2) Mouth-mirror inspections of the oral cavity, to include
charting of obvious lesions, existing restorations, and missing
teeth.
(3) Monitoring of patients during the preoperative,
intraoperative, and postoperative phases.
(A) For purposes of this paragraph, patient monitoring includes
the following:
(i) Selection and validation of monitoring sensors, selecting
menus and default settings and analysis for electrocardiogram, pulse
oximeter and capnograph, continuous blood pressure, pulse, and
respiration rates.
(ii) Interpretation of data from noninvasive patient monitors
including readings from continuous blood pressure and information
from the monitor display for electrocardiogram waveform, carbon
dioxide and end tidal carbon dioxide concentration,
respiratory cycle data, continuous
noninvasive blood pressure data, and pulse arterial oxygen saturation
measurements, for the purpose of evaluating the condition of the
patient during preoperative, intraoperative, and postoperative
treatment.
(B) For purposes of this paragraph, patient monitoring does not
include the following:
(i) Reading and transmitting information from the monitor display
during the intraoperative phase of surgery for electrocardiogram
waveform, carbon dioxide and end tidal carbon dioxide concentrations,
respiratory cycle data, continuous noninvasive blood pressure data,
or pulse arterial oxygen saturation measurements, for the purpose of
interpretation and evaluation by a licensed dentist who shall be at
chairside during this procedure.
(ii) Placing of sensors.
(4) Taking impressions for surgical splints and occlusal guards.
(5) Placement of surgical dressings.
(6) Adding drugs, medications, and fluids to intravenous lines
using a syringe, provided that a licensed dentist is present at the
patient's chairside.
(7) Removal of intravenous lines.
(8) Coronal polishing, provided that evidence of satisfactory
completion of a board-approved course in this function has been
submitted to the board prior to the performance thereof.
(c) A registered restorative assistant may perform all of the
following dental procedures, as well as those authorized by board
regulations adopted pursuant to Section 1751:
(1) Any duties that a dental assistant may perform.
(2) Mouth-mirror inspections of the oral cavity, to include
charting of obvious lesions, existing restorations, and missing
teeth.
(3) Sizing, fitting, adjusting, intraorally fabricating,
temporarily cementing, and removing temporary crowns and other
temporary restorations.
(4) Placing bases and liners on sound dentin.
(5) Removing excess cement from supragingival surfaces of teeth
with a hand instrument or an ultrasonic scaler.
(6) Taking facebow transfers and bite registrations for diagnostic
models for case study only.
(7) Taking impressions for space-maintaining appliances and
occlusal guards.
(8) Coronal polishing.
(9) Applying pit and fissure sealants.
(10) Applying bleaching agents and activating bleaching agents
with nonlaser, light-curing devices.
(11) Placement of surgical dressings.
(d) The supervising dentist shall be responsible for determining
the level of supervision required for assistants registered pursuant
to this section.
(e) This section shall become operative on January 1, 2010.
SEC. 11. Section 1750.4 of the Business and Professions Code is
amended to read:
1750.4. (a) A dentist who holds an active, current, and
unrestricted license to practice dentistry under this chapter may
train and educate his or her employees, or employees of the dental
office, primary care clinic, or hospital where the dentist is
practicing and directly supervises the employees, without charge or
cost to the employees, in all of the allowable duties for the purpose
of licensure in one of the specialty licensure categories set forth
in Section 1750.2. A dentist may not begin the work experience
training and education of an employee until his or her application
for that particular employee is approved by the Committee on Dental
Auxiliaries. For purposes of this subdivision, an unrestricted
license means a license that is not suspended, placed on probation,
or restricted pursuant to subparagraph (B) or (C) of paragraph (3) of
subdivision (a) of Section 1635.5.
(1) In order to train or educate pursuant to this subdivision, the
dentist shall be subject to the following terms and conditions,
which are applicable prior to commencing training for each employee:
(A) On a completed and signed application form approved by the
committee, the dentist shall provide the specialty dental assistant
category in which the dentist will be training the employee and the
name of the employee. When the committee provides a requested
application to an employer, the committee shall also provide a copy
of the regulations governing the education and training of the
specialty assistants or provide access to the regulations on the
committee's Internet Web site.
(B) The education and training the dentist provides shall be in
compliance with the regulations adopted by the board pursuant to
subdivision (b) of Section 1750.2. Employees trained pursuant to this
section shall be considered bona fide students, as described in
Section 1626.5, as added by Section 6 of Chapter 655 of the Statutes
of 1999. The dentist shall not allow the employee to begin the
clinical training on patients until the employee has completed the
didactic and preclinical training, which includes nonpatient training
on typodonts and other laboratory models and as prescribed in
regulations, and a minimum of 120 days as a dental assistant in
California or another state, which may include graduation from a
regional occupational center or regional occupation program pursuant
to paragraph (1) of subdivision (b).
(C) The dentist shall pay a fee to the committee to cover
administrative costs not to exceed two hundred fifty dollars ($250)
for each employee he or she is training and educating. If a dentist
is training and educating an employee in more than one of the
specialty licensure categories at the same time, the dentist shall
pay the fee for each category in which the employee is being trained
and educated.
(D) Prior to beginning employee training, the dentist shall
complete a teaching methodology course approved by the board that is
six hours in length and covers educational objectives, content,
instructional methods, and evaluation procedures. The dentist shall
be exempt from this requirement if he or she holds any one of the
following degrees, credentials, or positions:
(i) A postgraduate degree in education.
(ii) A Ryan Designated Subjects Vocational Education Teaching
Credential.
(iii) A Standard Designated Subjects Teaching Credential.
(iv) A Community College Teaching Credential.
(v) Is a faculty member of a dental school approved by the
Commission on Dental Accreditation.
The dentist shall provide to the board proof of one of these
designations or shall submit a certificate of course completion in
teaching methodology.
(2) All duties performed by an employee pursuant to this section
shall be done in the dentist's presence. The dentist shall ensure
that any patient treated by a bona fide student is verbally informed
of the student's status.
(3) The work experience pathway for the employee shall not exceed
a term of 18 months, starting on the date that the Committee on
Dental Auxiliaries approves the application submitted by the dentist
for that employee.
(4) Upon successful completion of the work experience pathway
period, the dentist shall certify in writing that the employee has
successfully completed the educational program covering all
procedures authorized for the specialty category for which the
employee is seeking licensure.
(5) With respect to this subdivision, the committee:
(A) Shall approve the application form described in subparagraph
(A) of paragraph (1). The application form shall not be required to
comply with the provisions of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(B) Shall have a maximum of 60 days from the date a completed
application is received in which to approve or deny an application
under this subdivision. Nothing in this section shall prohibit a
dentist from appealing the denial of an application to the executive
officer of the committee.
(C) May inspect the dentist's facilities and practice at any time
to ensure compliance with regulations adopted by the board pursuant
to Section 1750.2.
(D) May revoke an approval for a dentist to provide training or
education pursuant to this section if the dentist is disciplined by
the board, fails to provide the training or education in accordance
with the law and regulations governing the specialty licensure
category, or fails to allow an inspection by the committee, or other
good cause. A dentist whose approval is revoked may appeal the
revocation to the committee's executive officer.
(E) May limit by regulations, approved by the board, the number of
times a dentist may train or educate an individual employee in one
or more of the specialty licensure categories.
(F) May limit by regulations, approved by the board, the number of
employees a dentist may train during the same time period.
(G) May by regulations, approved by the board, require an
applicant for licensure who has repeatedly failed to pass either the
written or practical examination for the specialty licensure category
to complete additional training and education before he or she is
allowed to retake the examination.
(b) As a condition for licensure for specialty registration under
Section 1750.2, an applicant who completes a work experience pathway
pursuant to this section shall do the following:
(1) Certify to the board that he or she has a minimum of 1600
hours of prior work experience as a dental assistant. The 1600 hours
of required work experience may be obtained by working for multiple
employers, if the applicant provides written evidence of work
experience from each dentist employer. The employee may begin the
work experience pathway before he or she completes 1600 hours of work
experience, but may not apply for licensure until that work
experience is completed. The board shall give credit toward the 1600
hours of work experience to persons who have graduated from a dental
assisting program in a postsecondary institution, secondary
institution, regional occupational center, or regional occupation
program that is not approved by the board. The credit shall equal the
hours spent in classroom training and internship on an hour-for-hour
basis not to exceed 400 hours.
(2) Certify to the board that he or she has completed the
educational program covering all procedures authorized for the
specialty category for which the applicant is seeking licensure.
(3) Obtain a passing score on a written examination that is
approved by the board and administered by the Committee on Dental
Auxiliaries (COMDA) or by an entity that is recommended by COMDA.
COMDA may enter into a written agreement with a public or private
organization for the administration of the examination. All aspects
of the examination shall comply with Section 139.
(4) Obtain a passing score on the practical examination for the
specialty category for which the employee is seeking licensure that
is approved by the board and administered by the Committee on Dental
Auxiliaries (COMDA) or by an entity recommended by COMDA. COMDA may
enter into a written agreement with a public or private organization
for the administration of the examination. All aspects of the
examination shall comply with Section 139.
SEC. 11.5. Section 1750.4 of the Business and Professions Code is
amended to read:
1750.4. (a) A dentist who holds an active, current, and
unrestricted license to practice dentistry under this chapter may
train and educate his or her employees, or employees of the dental
office, primary care clinic, or hospital where the dentist is
practicing and directly supervises the employees, without charge or
cost to the employees, in all of the allowable duties for the purpose
of licensure in one of the specialty licensure categories set forth
in Section 1750.2. A dentist may not begin the work experience
training and education of an employee until his or her application
for that particular employee is approved by the board. For purposes
of this subdivision, an unrestricted license means a license that is
not suspended, placed on probation, or restricted pursuant to
subparagraph (B) or (C) of paragraph (3) of subdivision (a) of
Section 1635.5.
(1) In order to train or educate pursuant to this subdivision, the
dentist shall be subject to the following terms and conditions,
which are applicable prior to commencing training for each employee:
(A) On a completed and signed application form approved by the
board, the dentist shall provide the specialty dental assistant
category in which the dentist will be training the employee and the
name of the employee. When the board provides a requested application
to an employer, the board shall also provide a copy of the
regulations governing the education and training of the specialty
assistants or provide access to the regulations on the board's
Internet Web site.
(B) The education and training the dentist provides shall be in
compliance with the regulations adopted by the board pursuant to
subdivision (b) of Section 1750.2. Employees trained pursuant to this
section shall be considered bona fide students, as described in
Section 1626.5, as added by Section 6 of Chapter 655 of the Statutes
of 1999. The dentist shall not allow the employee to begin the
clinical training on patients until the employee has completed the
didactic and preclinical training, which includes nonpatient training
on typodonts and other laboratory models and as prescribed in
regulations, and a minimum of 120 days as a dental assistant in
California or another state, which may include graduation from a
regional occupational center or regional occupation program pursuant
to paragraph (1) of subdivision (b).
(C) The dentist shall pay a fee to the board to cover
administrative costs not to exceed two hundred fifty dollars ($250)
for each employee he or she is training and educating. If a dentist
is training and educating an employee in more than one of the
specialty licensure categories at the same time, the dentist shall
pay the fee for each category in which the employee is being trained
and educated.
(D) Prior to beginning employee training, the dentist shall
complete a teaching methodology course approved by the board that is
six hours in length and covers educational objectives, content,
instructional methods, and evaluation procedures. The dentist shall
be exempt from this requirement if he or she holds any one of the
following degrees, credentials, or positions:
(i) A postgraduate degree in education.
(ii) A Ryan Designated Subjects Vocational Education Teaching
Credential.
(iii) A Standard Designated Subjects Teaching Credential.
(iv) A Community College Teaching Credential.
(v) Is a faculty member of a dental school approved by the
Commission on Dental Accreditation.
The dentist shall provide to the board proof of one of these
designations or shall submit a certificate of course completion in
teaching methodology.
(2) All duties performed by an employee pursuant to this section
shall be done in the dentist's presence. The dentist shall ensure
that any patient treated by a bona fide student is verbally informed
of the student's status.
(3) The work experience pathway for the employee shall not exceed
a term of 18 months, starting on the date that the board approves the
application submitted by the dentist for that employee.
(4) Upon successful completion of the work experience pathway
period, the dentist shall certify in writing that the employee has
successfully completed the educational program covering all
procedures authorized for the specialty category for which the
employee is seeking licensure.
(5) With respect to this subdivision, the board:
(A) Shall approve the application form described in subparagraph
(A) of paragraph (1). The application form shall not be required to
comply with the provisions of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(B) Shall have a maximum of 60 days from the date a completed
application is received in which to approve or deny an application
under this subdivision. Nothing in this section shall prohibit a
dentist from appealing the denial of an application to the executive
officer of the board.
(C) May inspect the dentist's facilities and practice at any time
to ensure compliance with regulations adopted by the board pursuant
to Section 1750.2.
(D) May revoke an approval for a dentist to provide training or
education pursuant to this section if the dentist is disciplined by
the board, fails to provide the training or education in accordance
with the law and regulations governing the specialty licensure
category, or fails to allow an inspection by the board, or other good
cause. A dentist whose approval is revoked may appeal the revocation
to the board's executive officer.
(E) May limit by regulations, approved by the board, the number of
times a dentist may train or educate an individual employee in one
or more of the specialty licensure categories.
(F) May limit by regulations, approved by the board, the number of
employees a dentist may train during the same time period.
(G) May by regulations, approved by the board, require an
applicant for licensure who has repeatedly failed to pass either the
written or practical examination for the specialty licensure category
to complete additional training and education before he or she is
allowed to retake the examination.
(b) As a condition for licensure for specialty registration under
Section 1750.2, an applicant who completes a work experience pathway
pursuant to this section shall do the following:
(1) Certify to the board that he or she has a minimum of 1600
hours of prior work experience as a dental assistant. The 1600 hours
of required work experience may be obtained by working for multiple
employers, if the applicant provides written evidence of work
experience from each dentist employer. The employee may begin the
work experience pathway before he or she completes 1600 hours of work
experience, but may not apply for licensure until that work
experience is completed. The board shall give credit toward the 1600
hours of work experience to persons who have graduated from a dental
assisting program in a postsecondary institution, secondary
institution, regional occupational center, or regional occupation
program that is not approved by the board. The credit shall equal the
hours spent in classroom training and internship on an hour-for-hour
basis not to exceed 400 hours.
(2) Certify to the board that he or she has completed the
educational program covering all procedures authorized for the
specialty category for which the applicant is seeking licensure.
(3) Obtain a passing score on a written examination that is
approved by the board and administered by the board or by an entity
that is recommended by the board. The board may enter into a written
agreement with a public or private organization for the
administration of the examination. All aspects of the examination
shall comply with Section 139.
(4) Obtain a passing score on the practical examination for the
specialty category for which the employee is seeking licensure that
is approved by the board and administered by the board or by an
entity recommended by the board. The board may enter into a written
agreement with a public or private organization for the
administration of the examination. All aspects of the examination
shall comply with Section 139.
SEC. 12. Section 1751 of the Business and Professions Code, as
amended by Section 7.1 of Chapter 621 of the Statutes of 2005, is
amended to read:
1751. (a) By September 15, 1993, the board, upon recommendation
of the committee, consistent with this article, standards of good
dental practice, and the health and welfare of patients, shall adopt
regulations relating to the functions that may be performed by dental
assistants under direct or general supervision, and the settings
within which dental assistants may work. At least once every seven
years thereafter, the board shall review the list of functions
performable by dental assistants, the supervision level, and settings
under which they may be performed, and shall update the regulations
as needed to keep them current with the state of the practice.
(b) Under the supervision of a registered dental hygienist in
alternative practice, a dental assistant may perform intraoral
retraction and suctioning.
(c) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
SEC. 12.5. Section 1751 of the Business and Professions Code, as
amended by Section 7.1 of Chapter 621 of the Statutes of 2005, is
amended to read:
1751. (a) By September 15, 1993, the board, upon recommendation
of the dental assisting committee, consistent with this article,
standards of good dental practice, and the health and welfare of
patients, shall adopt regulations relating to the functions that may
be performed by dental assistants under direct or general
supervision, and the settings within which dental assistants may
work. At least once every seven years thereafter, the board shall
review the list of functions performable by dental assistants, the
supervision level, and settings under which they may be performed,
and shall update the regulations as needed to keep them current with
the state of the practice.
(b) Under the supervision of a registered dental hygienist in
alternative practice, a dental assistant may perform intraoral
retraction and suctioning.
(c) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
SEC. 13. Section 1751 of the Business and Professions Code, as
amended by Section 8 of Chapter 621 of the Statutes of 2005, is
amended to read:
1751. (a) The board, upon recommendation of the committee, shall
adopt regulations governing the procedures that dental assistants,
registered orthodontic assistants, registered surgery assistants,
registered restorative assistants, registered dental assistants,
registered restorative assistants in extended functions, and
registered dental assistants in extended functions are authorized to
perform consistent with and necessary to implement the provisions of
this article, and the settings within which each may practice.
(b) The board shall conduct an initial review of the procedures,
supervision level, settings under which they may be performed, and
utilization of extended functions dental auxiliaries by January 1,
2012. The board shall submit the results of its review to the Joint
Committee on Boards, Commissions, and Consumer Protection. After the
initial review, a review shall be conducted at least once every five
to seven years thereafter and the board shall update regulations as
necessary to keep them current with the state of dental practice.
(c) This section shall become operative on January 1, 2010.
SEC. 13.2. Section 1751 of the Business and Professions Code, as
amended by Section 8 of Chapter 621 of the Statutes of 2005, is
amended to read:
1751. (a) The board, upon recommendation of the dental assisting
committee, shall adopt regulations governing the procedures that
dental assistants, registered orthodontic assistants, registered
surgery assistants, registered restorative assistants, registered
dental assistants, registered restorative assistants in extended
functions, and registered dental assistants in extended functions are
authorized to perform consistent with and necessary to implement the
provisions of this article, and the settings within which each may
practice.
(b) The board shall conduct an initial review of the procedures,
supervision level, settings under which they may be performed, and
utilization of extended functions dental auxiliaries by January 1,
2012. The board shall submit the results of its review to the Joint
Committee on Boards, Commissions, and Consumer Protection. After the
initial review, a review shall be conducted at least once every five
to seven years thereafter and the board shall update regulations as
necessary to keep them current with the state of dental practice.
(c) This section shall become operative on January 1, 2010.
SEC. 13.4. Section 1751 of the Business and Professions Code, as
amended by Section 8 of Chapter 621 of the Statutes of 2005, is
amended to read:
1751. (a) The board, upon recommendation of the committee, shall
adopt regulations governing the procedures that dental assistants,
registered orthodontic assistants, registered surgery assistants,
registered restorative assistants, registered dental assistants,
registered restorative assistants in extended functions, and
registered dental assistants in extended functions are authorized to
perform consistent with and necessary to implement the provisions of
this article, and the settings within which each may practice.
(b) The board shall conduct an initial review of the procedures,
supervision level, settings under which they may be performed, and
utilization of extended functions dental auxiliaries by January 1,
2012. The board shall submit the results of its review to the
Legislature and the Office of the Consumer Advocate. After the
initial review, a review shall be conducted at least once every five
to seven years thereafter and the board shall update regulations as
necessary to keep them current with the state of dental practice.
(c) This section shall become operative on January 1, 2010.
SEC. 13.6. Section 1751 of the Business and Professions Code, as
amended by Section 8 of Chapter 621 of the Statutes of 2005, is
amended to read:
1751. (a) The board, upon recommendation of the dental assisting
committee, shall adopt regulations governing the procedures that
dental assistants, registered orthodontic assistants, registered
surgery assistants, registered restorative assistants, registered
dental assistants, registered restorative assistants in extended
functions, and registered dental assistants in extended functions are
authorized to perform consistent with and necessary to implement the
provisions of this article, and the settings within which each may
practice.
(b) The board shall conduct an initial review of the procedures,
supervision level, settings under which they may be performed, and
utilization of extended functions dental auxiliaries by January 1,
2012. The board shall submit the results of its review to the
Legislature and the Office of the Consumer Advocate. After the
initial review, a review shall be conducted at least once every five
to seven years thereafter and the board shall update regulations as
necessary to keep them current with the state of dental practice.
(c) This section shall become operative on January 1, 2010.
SEC. 14. Section 1752 of the Business and Professions Code, as
amended by Section 10 of Chapter 621 of the Statutes of 2005, is
amended to read:
1752. (a) The supervising licensed dentist shall be responsible
for determining the competency of the dental assistant to perform
allowable functions.
(b) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
SEC. 15. Section 1752 of the Business and Professions Code, as
amended by Section 10.1 of Chapter 621 of the Statutes of 2005, is
amended to read:
1752. (a) A "registered dental assistant in extended functions"
is an individual licensed pursuant to this article who may perform
basic restorative services and direct patient care, as authorized by
Sections 1750, 1750.3, and 1753.1, and by the board regulations
adopted pursuant to Section 1751 under the supervision of a licensed
dentist.
(b) A "registered restorative assistant in extended functions" is
an individual licensed pursuant to this article who may perform basic
restorative services and direct patient care, as authorized by
Section 1750, subdivision (c) of Section 1750.3, and Section 1753.1,
and by board regulations adopted pursuant to Section 1751 under the
supervision of a licensed dentist.
(c) This section shall become operative on January 1, 2010.
SEC. 16. Section 1752.1 of the Business and Professions Code is
amended to read:
1752.1. (a) The board shall license as a registered dental
assistant a person who files an application prior to September 1,
2009, and submits written evidence, satisfactory to the board, of
either one of the following requirements:
(1) Graduation from an educational program in dental assisting
approved by the board, and satisfactory performance on written and
practical examinations required by the board.
(2) Satisfactory work experience of more than 12 months as a
dental assistant in California or another state and satisfactory
performance on a written and practical examination required by the
board. The board shall give credit toward the 12 months work
experience referred to in this subdivision to persons who have
graduated from a dental assisting program in a postsecondary
institution approved by the Department of Education or in a secondary
institution, regional occupational center, or regional occupational
program, that are not, however, approved by the board pursuant to
subdivision (a). The credit shall equal the total weeks spent in
classroom training and internship on a week-for-week basis not to
exceed 16 weeks. The board, in cooperation with the Superintendent of
Public Instruction, shall establish the minimum criteria for the
curriculum of nonboard-approved programs. Additionally, the board
shall notify those programs only if the program's curriculum does not
meet established minimum criteria, as established for board-approved
registered dental assistant programs, except any requirement that
the program be given in a postsecondary institution. Graduates of
programs not meeting established minimum criteria shall not qualify
for satisfactory work experience as defined by this section.
(b) In addition to the requirements specified in subdivision (a),
each applicant for registered dental assistant licensure on or after
July 1, 2002, shall provide evidence of having successfully completed
board-approved courses in radiation safety and coronal polishing as
a condition of licensure. The length and content of the courses shall
be governed by applicable board regulations.
(c) An applicant who fails to pass the written and practical
examinations required by this section on or before June 30, 2010,
shall not be eligible for further reexamination and must apply for
and meet the requirements for registered dental assistant licensure
specified in Section 1752.5. Between September 1, 2009, and June 30,
2010, an applicant shall only be allowed to apply to take the written
examination two times, and shall only be allowed to apply to take
the practical examination two times.
(d) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 17. Section 1752.2 of the Business and Professions Code is
amended to read:
1752.2. (a) A board-approved educational program in registered
dental assisting, as provided in subdivisions (a) and (b) of Section
1752.5, is a program that has met the requirements for approval
pursuant to board regulations.
(b) An educational program in registered dental assisting that has
been approved by the board prior to January 1, 2010, to teach the
duties that a registered dental assistant was allowed to perform
pursuant to board regulations prior to January 1, 2010, shall
continue to be so approved on and after January 1, 2010, if it has
certified no later than November 30, 2009, on a form specified by the
board, that it shall provide instruction in all duties that
registered dental assistants shall be allowed to perform on and after
January 1, 2010, with the exception of adding drugs, medications,
and fluids to intravenous lines using a syringe and the monitoring of
patients during the preoperative, intraoperative, and postoperative
phases.
(c) The board may at any time conduct a thorough evaluation of an
approved educational program's curriculum and facilities to determine
whether the program meets the requirements for approval as specified
in board regulations.
SEC. 18. Section 1752.5 of the Business and Professions Code is
amended to read:
1752.5. On and after September 1, 2009, a person may apply for
and be issued a license as a registered dental assistant upon
obtaining a passing score on a written and practical examination
required by the board and providing evidence to the board of one of
the following:
(a) Successful completion of an educational program in registered
dental assisting approved by the board on or after January 1, 2008,
to teach all of the functions specified in Section 1750.3, with the
exception of the duties of adding drugs, medications, and fluids to
intravenous lines using a syringe and the monitoring of patients
during the preoperative, intraoperative, and postoperative phases.
(b) Successful completion of:
(1) An educational program in registered dental assisting approved
by the board to teach the duties that registered dental assistants
were allowed to perform pursuant to board regulations prior to
January 1, 2010.
(2) A board-approved course or courses in the following duties:
(A) Selecting, prepositioning, curing in a position approved by
the supervising dentist, and removal of orthodontic brackets.
(B) Applying pit and fissure sealants.
(c) Successful completion of:
(1) Twelve months of satisfactory work experience as a dental
assistant in California or another state. The board shall give credit
toward the 12 months of work experience to persons who have
graduated from a dental assisting program in a postsecondary
institution, secondary institution, regional occupational center, or
regional occupation program that are not approved by the board. The
credit shall equal the total weeks spent in classroom training and
internship on a week-for-week basis not to exceed 16 weeks.
(2) The three board-approved specialty registration courses, as
defined in Section 1750.2, for registration as a registered
orthodontic assistant, registered surgery assistant, and registered
restorative assistant. Any specialty license issued pursuant to
subparagraph (B) of paragraph (3) of subdivision (a) of Section
1750.2 shall be deemed to have met the requirements of this
subdivision for that specialty.
(3) A board-approved radiation safety program.
SEC. 19. Section 1752.6 of the Business and Professions Code is
amended to read:
1752.6. A registered dental assistant may perform all duties and
procedures that a dental assistant, registered orthodontic assistant,
registered surgery assistant, and a registered restorative assistant
are allowed to perform, as well as those procedures authorized by
regulations adopted pursuant to Section 1751, except for the
following:
(a) A registered dental assistant who qualifies for licensure
under subdivision (a) of Section 1752.5 may only perform the
registered surgery assistant duties of adding drugs, medications, and
fluids to intravenous lines and the monitoring of patients during
the preoperative, intraoperative, and postoperative phases after
providing evidence of completion of a board-approved course or
courses in these duties.
(b) A registered dental assistant licensed on or before July 1,
2010, who qualified for licensure prior to September 1, 2009, may
only perform the following duties after the completion of a
board-approved course or courses in the following duties:
(1) Selecting, prepositioning, curing in a position approved by
the supervising dentist, and removal of orthodontic brackets.
(2) Monitoring of patients during the preoperative,
intraoperative, and postoperative phases, using noninvasive
instrumentation such as pulse oximeters, electrocardiograms, and
capnography.
(3) Adding drugs, medications, and fluids to intravenous lines.
(4) Applying pit and fissure sealants.
(c) The supervising dentist shall be responsible for determining
the level of supervision required for authorized procedures performed
by registered dental assistants.
(d) This section shall become operative on January 1, 2010.
SEC. 20. Section 1753 of the Business and Professions Code is
amended to read:
1753. (a) On and after January 1, 2010, the board shall license
as a registered dental assistant in extended functions a person who
submits written evidence, satisfactory to the board, of all of the
following:
(1) Current licensure as a registered dental assistant, or
completion of the requirements for licensure as a registered dental
assistant, as provided in Section 1752.5.
(2) Successful completion of either of the following:
(A) An extended functions postsecondary program approved by the
board in all of the procedures specified in Section 1753.1.
(B) An extended functions postsecondary program approved by the
board on or before July 1, 2009, to teach the duties that registered
dental assistants in extended functions were allowed to perform
pursuant to board regulations prior to January 1, 2010, and a course
approved by the board in the procedures specified in paragraphs (8)
through (13) of subdivision (b) of Section 1753.1.
(3) Successful completion of board-approved courses in radiation
safety and, within the last two years, courses in infection control,
California dental law, and basic life support.
(4) Satisfactory performance on a written examination and a
clinical or practical examination specified by the board. The board
shall designate whether the written examination shall be administered
by the committee or by the board-approved extended functions
program.
(b) On and after January 1, 2010, the board shall license as a
registered restorative assistant in extended functions a person who
submits written evidence, satisfactory to the board, of all of the
following:
(1) Completion of 12 months of satisfactory work experience as a
dental assistant in California or another state. The board shall give
credit toward the 12 months of work experience to persons who have
graduated from a dental assisting program in a postsecondary
institution, secondary institution, regional occupational center, or
regional occupation program that are not approved by the board. The
credit shall equal the total weeks spent in classroom training and
internship on a week-for-week basis, not to exceed 16 weeks.
(2) Successful completion of a board-approved course in radiation
safety, and, within the last two years, courses in infection control,
California dental law, and basic life support.
(3) Successful completion of a postsecondary program approved by
the board for restorative dental assisting specialty registration
specified in subdivision (c) of Section 1750.3.
(4) Successful completion of an extended functions postsecondary
program approved by the board in all of the procedures specified in
Section 1753.1.
(5) Satisfactory performance on a written examination and a
clinical or practical examination specified by the board. The board
shall designate whether the written examination shall be administered
by the committee or by the board-approved extended functions
program.
(c) In approving extended functions postsecondary programs
required to be completed for licensure pursuant to this section, the
board shall require that the programs be taught by persons having
prior experience teaching the applicable procedures specified in
Section 1753.1, or procedures otherwise authorized by the board
pursuant to Section 1751, in a dental school approved either by the
Commission on Dental Accreditation or a comparable organization
approved by the board. Approved programs shall include didactic,
laboratory, and clinical modalities.
(d) The board may approve extended functions postsecondary
programs referred to in this section prior to January 1, 2010, and
the board shall recognize the completion of these approved programs
prior to January 1, 2010.
SEC. 20.5. Section 1753 of the Business and Professions Code is
amended to read:
1753. (a) On and after January 1, 2010, the board shall license
as a registered dental assistant in extended functions a person who
submits written evidence, satisfactory to the board, of all of the
following:
(1) Current licensure as a registered dental assistant, or
completion of the requirements for licensure as a registered dental
assistant, as provided in Section 1752.5.
(2) Successful completion of either of the following:
(A) An extended functions postsecondary program approved by the
board in all of the procedures specified in Section 1753.1.
(B) An extended functions postsecondary program approved by the
board on or before July 1, 2009, to teach the duties that registered
dental assistants in extended functions were allowed to perform
pursuant to board regulations prior to January 1, 2010, and a course
approved by the board in the procedures specified in paragraphs (8)
through (13) of subdivision (b) of Section 1753.1.
(3) Successful completion of board-approved courses in radiation
safety and, within the last two years, courses in infection control,
California dental law, and basic life support.
(4) Satisfactory performance on a written examination and a
clinical or practical examination specified by the board. The board
shall designate whether the written examination shall be administered
by the dental assisting committee.
(b) On and after January 1, 2010, the board shall license as a
registered restorative assistant in extended functions a person who
submits written evidence, satisfactory to the board, of all of the
following:
(1) Completion of 12 months of satisfactory work experience as a
dental assistant in California or another state. The board shall give
credit toward the 12 months of work experience to persons who have
graduated from a dental assisting program in a postsecondary
institution, secondary institution, regional occupational center, or
regional occupation program that are not approved by the board. The
credit shall equal the total weeks spent in classroom training and
internship on a week-for-week basis, not to exceed 16 weeks.
(2) Successful completion of a board-approved course in radiation
safety, and, within the last two years, courses in infection control,
California dental law, and basic life support.
(3) Successful completion of a postsecondary program approved by
the board for restorative dental assisting specialty registration
specified in subdivision (c) of Section 1750.3.
(4) Successful completion of an extended functions postsecondary
program approved by the board in all of the procedures specified in
Section 1753.1.
(5) Satisfactory performance on a written examination and a
clinical or practical examination specified by the board. The board
shall designate whether the written examination shall be administered
by the dental assisting committee.
(c) In approving extended functions postsecondary programs
required to be completed for licensure pursuant to this section, the
board shall require that the programs be taught by persons having
prior experience teaching the applicable procedures specified in
Section 1753.1, or procedures otherwise authorized by the board
pursuant to Section 1751, in a dental school approved either by the
Commission on Dental Accreditation or a comparable organization
approved by the board. Approved programs shall include didactic,
laboratory, and clinical modalities.
(d) The board may approve extended functions postsecondary
programs referred to in this section prior to January 1, 2010, and
the board shall recognize the completion of these approved programs
prior to January 1, 2010.
SEC. 21. Section 1753.1 of the Business and Professions Code is
amended to read:
1753.1. (a) A registered dental assistant in extended functions
licensed on or after January 1, 2010, is authorized to perform all
duties and procedures that a registered dental assistant is
authorized to perform, and those duties that the board may prescribe
by regulation pursuant to Section 1751.
(b) A registered dental assistant in extended functions licensed
on or after January 1, 2010, is authorized to perform the following
additional procedures under direct supervision and pursuant to the
order, control, and full professional responsibility of a licensed
dentist:
(1) Cord retraction of gingivae for impression procedures.
(2) Taking impressions for cast restorations.
(3) Formulating indirect patterns for endodontic post and core
castings.
(4) Fitting trial endodontic filling points.
(5) Drying canals previously opened by the supervising dentist,
with absorbent points.
(6) Testing pulp vitality.
(7) Removing excess cement from subgingival tooth surfaces with a
hand instrument.
(8) Fitting and cementing stainless steel crowns.
(9) Placing, condensing, and carving amalgam restorations.
(10) Placing class I, III, and V nonmetallic restorations.
(11) Taking facebow transfers and bite registrations for fixed
prostheses.
(12) Taking final impressions for tooth-borne, removable
prostheses.
(13) Placing and adjusting permanent crowns for cementation by the
dentist.
(14) Applying etchants for bonding restorative materials.
(15) Other procedures authorized by regulations adopted by the
board pursuant to Section 1751.
(c) A registered restorative assistant in extended functions
licensed on or after January 1, 2010, is authorized to perform all
duties and procedures that a registered restorative assistant is
authorized to perform, those duties that the board may prescribe by
regulation pursuant to Section 1751, and the duties specified in
subdivision (b) of this section.
(d) All procedures required to be performed under direct
supervision shall be checked and approved by the supervising dentist
prior to the patient's dismissal from the office.
SEC. 22. Section 1754 of the Business and Professions Code is
amended to read:
1754. (a) By September 15, 1993, the board, upon recommendation
of the committee and consistent with this article, standards of good
dental practice, and the health and welfare of patients, shall adopt
regulations relating to the functions that may be performed by
registered dental assistants under direct or general supervision, and
the settings within which registered dental assistants may work. At
least once every seven years thereafter, the board shall review the
list of functions performable by registered dental assistants, the
supervision level, and settings under which they may be performed,
and shall update the regulations as needed to keep them current with
the state of the practice.
(b) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
SEC. 23. Section 1756 of the Business and Professions Code is
amended to read:
1756. (a) The board shall license as a registered dental
assistant in extended functions a person who satisfies all of the
following requirements:
(1) Status as a registered dental assistant.
(2) Completion of clinical training approved by the board in a
facility affiliated with a dental school under the direct supervision
of the dental school faculty.
(3) Satisfactory performance on an examination required by the
board.
(b) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
SEC. 24. Section 1757 of the Business and Professions Code is
amended to read:
1757. (a) Each person who holds a license as a registered dental
assistant in extended functions on the effective date of this section
may only perform those procedures that a registered dental assistant
is allowed to perform as specified in and limited by subdivision (b)
of Section 1752.6, and the procedures listed in paragraphs (1), (2),
(3), (4), (5), (6), (7), and (14) of subdivision (b) of Section
1753.1, until he or she provides evidence of having completed a
board-approved course or courses in the additional procedures
specified in paragraphs (8) to (13) of subdivision (b) of Section
1753.1, and an examination in those additional procedures as
specified by the board.
(b) This section shall become operative on January 1, 2010.
SEC. 25. Section 1770 of the Business and Professions Code, as
amended by Section 22 of Chapter 621 of the Statutes of 2005, is
amended to read:
1770. (a) A licensed dentist may simultaneously utilize in his or
her practice no more than two dental auxiliaries in extended
functions licensed pursuant to Sections 1756 and 1768.
(b) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
SEC. 25.5. Section 1770 of the Business and Professions Code, as
amended by Section 22 of Chapter 621 of the Statutes of 2005, is
amended to read:
1770. (a) A licensed dentist may simultaneously utilize in his or
her practice no more than two dental assistants in extended
functions or registered dental hygienists in extended functions
licensed pursuant to Sections 1756 and 1918.
(b) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
SEC. 26. Section 1770 of the Business and Professions Code, as
amended by Section 23 of Chapter 621 of the Statutes of 2005, is
amended to read:
1770. (a) A licensed dentist may simultaneously utilize in his or
her practice no more than three dental auxiliaries in extended
functions licensed pursuant to Sections 1753 and 1768.
(b) This section shall become operative on January 1, 2010.
SEC. 26.5. Section 1770 of the Business and Professions Code, as
amended by Section 23 of Chapter 621 of the Statutes of 2005, is
amended to read:
1770. (a) A licensed dentist may simultaneously utilize in his or
her practice no more than three dental assistants in extended
functions or registered dental hygienists in extended functions
licensed pursuant to Sections 1753 and 1918.
(b) This section shall become operative on January 1, 2010.
SEC. 27. Section 2177 of the Business and Professions Code is
amended to read:
2177. (a) A passing score is required for an entire examination
or for each part of an examination, as established by resolution of
the Division of Licensing.
(b) Applicants may elect to take the written examinations
conducted or accepted by the division in separate parts.
(c) (1) An applicant shall have obtained a passing score on Part
III of the United States Medical Licensing Examination within not
more than four attempts in order to be eligible for a physician's and
surgeon's certificate.
(2) Notwithstanding paragraph (1), an applicant who obtains a
passing score on Part III of the United States Medical Licensing
Examination in more than four attempts and who meets the requirements
of Section 2135.5 shall be eligible to be considered for issuance of
a physician's and surgeon's certificate.
SEC. 28. Section 2225 of the Business and Professions Code is
amended to read:
2225. (a) Notwithstanding Section 2263 and any other provision of
law making a communication between a physician and surgeon or a
doctor of podiatric medicine and his or her patients a privileged
communication, those provisions shall not apply to investigations or
proceedings conducted under this chapter. Members of the board, the
Senior Assistant Attorney General of the Health Quality Enforcement
Section, members of the California Board of Podiatric Medicine, and
deputies, employees, agents, and representatives of the board or the
California Board of Podiatric Medicine and the Senior Assistant
Attorney General of the Health Quality Enforcement Section shall keep
in confidence during the course of investigations, the names of any
patients whose records are reviewed and may not disclose or reveal
those names, except as is necessary during the course of an
investigation, unless and until proceedings are instituted. The
authority of the board or the California Board of Podiatric Medicine
and the Health Quality Enforcement Section to examine records of
patients in the office of a physician and surgeon or a doctor of
podiatric medicine is limited to records of patients who have
complained to the board or the California Board of Podiatric Medicine
about that licensee.
(b) Notwithstanding any other provision of law, the Attorney
General and his or her investigative agents, and investigators and
representatives of the board or the California Board of Podiatric
Medicine, may inquire into any alleged violation of the Medical
Practice Act or any other federal or state law, regulation, or rule
relevant to the practice of medicine or podiatric medicine, whichever
is applicable, and may inspect documents relevant to those
investigations in accordance with the following procedures:
(1) Any
document relevant to an investigation may be inspected, and copies
may be obtained, where patient consent is given.
(2) Any document relevant to the business operations of a
licensee, and not involving medical records attributable to
identifiable patients, may be inspected and copied where relevant to
an investigation of a licensee.
(c) In all cases where documents are inspected or copies of those
documents are received, their acquisition or review shall be arranged
so as not to unnecessarily disrupt the medical and business
operations of the licensee or of the facility where the records are
kept or used.
(d) Where documents are lawfully requested from licensees in
accordance with this section by the Attorney General or his or her
agents or deputies, or investigators of the board or the California
Board of Podiatric Medicine, they shall be provided within 15
business days of receipt of the request, unless the licensee is
unable to provide the documents within this time period for good
cause, including, but not limited to, physical inability to access
the records in the time allowed due to illness or travel. Failure to
produce requested documents or copies thereof, after being informed
of the required deadline, shall constitute unprofessional conduct.
The board may use its authority to cite and fine a physician and
surgeon for any violation of this section. This remedy is in addition
to any other authority of the board to sanction a licensee for a
delay in producing requested records.
(e) Searches conducted of the office or medical facility of any
licensee shall not interfere with the recordkeeping format or
preservation needs of any licensee necessary for the lawful care of
patients.
SEC. 29. Section 2313 of the Business and Professions Code is
amended to read:
2313. The Division of Medical Quality shall report annually to
the Legislature, no later than October 1 of each year, the following
information:
(a) The total number of temporary restraining orders or interim
suspension orders sought by the board or the division to enjoin
licensees pursuant to Sections 125.7, 125.8 and 2311, the
circumstances in each case that prompted the board or division to
seek that injunctive relief, and whether a restraining order or
interim suspension order was actually issued.
(b) The total number and types of actions for unprofessional
conduct taken by the board or a division against licensees, the
number and types of actions taken against licensees for
unprofessional conduct related to prescribing drugs, narcotics, or
other controlled substances, including those related to the
undertreatment or undermedication of pain.
(c) Information relative to the performance of the division,
including the following: number of consumer calls received; number of
consumer calls or letters designated as discipline-related
complaints; number of complaint forms received; number of Section 805
reports by type; number of Section 801.01 and Section 803 reports;
coroner reports received; number of convictions reported to the
division; number of criminal filings reported to the division; number
of complaints and referrals closed, referred out, or resolved
without discipline, respectively, prior to accusation; number of
accusations filed and final disposition of accusations through the
division and court review, respectively; final physician discipline
by category; number of citations issued with fines and without fines,
and number of public reprimands issued; number of cases in process
more than six months from receipt by the division of information
concerning the relevant acts to the filing of an accusation; average
and median time in processing complaints from original receipt of
complaint by the division for all cases at each stage of discipline
and court review, respectively; number of persons in diversion, and
number successfully completing diversion programs and failing to do
so, respectively; probation violation reports and probation
revocation filings and dispositions; number of petitions for
reinstatement and their dispositions; and caseloads of investigators
for original cases and for probation cases, respectively.
"Action," for purposes of this section, includes proceedings
brought by, or on behalf of, the division against licensees for
unprofessional conduct that have not been finally adjudicated, as
well as disciplinary actions taken against licensees.
(d) The total number of reports received pursuant to Section 805
by the type of peer review body reporting and, where applicable, the
type of health care facility involved and the total number and type
of administrative or disciplinary actions taken by the Medical Board
of California with respect to the reports.
(e) The number of malpractice settlements in excess of thirty
thousand dollars ($30,000) reported pursuant to Section 801.01. This
information shall be grouped by specialty practice and shall include
the total number of physicians and surgeons practicing in each
specialty. For the purpose of this subdivision, "specialty" includes
all specialties and subspecialties considered in determining the risk
categories described in Section 803.1.
SEC. 30. Section 2335 of the Business and Professions Code is
amended to read:
2335. (a) All proposed decisions and interim orders of the
Medical Quality Hearing Panel designated in Section 11371 of the
Government Code shall be transmitted to the executive director of the
board, or the Executive Director of the California Board of
Podiatric Medicine as to the licensees of that board, within 48 hours
of filing.
(b) All interim orders shall be final when filed.
(c) A proposed decision shall be acted upon by a panel of the
Division of Medical Quality or the California Board of Podiatric
Medicine, as the case may be, in accordance with Section 11517 of the
Government Code, except that all of the following shall apply to
proceedings against licensees under this chapter:
(1) When considering a proposed decision, the division panel and
the California Board of Podiatric Medicine shall give great weight to
the findings of fact of the administrative law judge, except to the
extent those findings of fact are controverted by new evidence.
(2) The Division of Medical Quality or the California Board of
Podiatric Medicine shall poll the members of the division panel or
California Board of Podiatric Medicine by written mail ballot
concerning the proposed decision. The mail ballot shall be sent
within 10 calendar days of receipt of the proposed decision, and
shall poll each member on whether the member votes to approve the
decision, to approve the decision with an altered penalty, to refer
the case back to the administrative law judge for the taking of
additional evidence, to defer final decision pending discussion of
the case by the panel or board as a whole, or to nonadopt the
decision. No party to the proceeding, including employees of the
agency that filed the accusation, and no person who has a direct or
indirect interest in the outcome of the proceeding or who presided at
a previous stage of the decision, may communicate directly or
indirectly, upon the merits of a contested matter while the
proceeding is pending, with any member of the panel or board, without
notice and opportunity for all parties to participate in the
communication. The votes of four members of a division panel, and a
majority of the California Board of Podiatric Medicine, are required
to approve the decision with an altered penalty, to refer the case
back to the administrative law judge for the taking of further
evidence, or to nonadopt the decision. The votes of two members of
the panel or board are required to defer final decision pending
discussion of the case by the panel or board as a whole. If there is
a vote by the specified number to defer final decision pending
discussion of the case by the panel or board as a whole, provision
shall be made for that discussion before the 100-day period specified
in paragraph (3) expires, but in no event shall that 100-day period
be extended.
(3) If four members of a division panel, or a majority of the
California Board of Podiatric Medicine vote to do so, the panel of
the division and the California Board of Podiatric Medicine shall
issue an order of nonadoption of a proposed decision within 100
calendar days of the date it is received by the board. If a panel of
the division or the California Board of Podiatric Medicine does not
refer the case back to the administrative law judge for the taking of
additional evidence or issue an order of nonadoption within 100
days, the decision shall be final and subject to review under Section
2337. Members of a panel of the division or the California Board of
Podiatric Medicine who review a proposed decision or other matter and
vote by mail as provided in paragraph (2) shall return their votes
by mail to the board within 30 days from receipt of the proposed
decision or other matter.
(4) The division panel or California Board of Podiatric Medicine
shall afford the parties the opportunity to present oral argument
before deciding a case after nonadoption of the administrative law
judge's decision.
(5) A vote of four members of a division panel, or a majority of
the California Board of Podiatric Medicine, are required to increase
the penalty from that contained in the proposed administrative law
judge's decision. No member of the division panel or of the
California Board of Podiatric Medicine may vote to increase the
penalty except after reading the entire record and personally hearing
any additional oral argument and evidence presented to the panel or
board.
SEC. 30.5. Section 2335 of the Business and Professions Code is
amended to read:
2335. (a) All proposed decisions and interim orders of the
Medical Quality Hearing Panel designated in Section 11371 of the
Government Code shall be transmitted to the executive director of the
board, or the Executive Director of the California Board of
Podiatric Medicine as to the licensees of that board, within 48 hours
of filing.
(b) All interim orders shall be final when filed.
(c) A proposed decision shall be acted upon by the board or by any
panel appointed pursuant to Section 2008 or by the California Board
of Podiatric Medicine, as the case may be, in accordance with Section
11517 of the Government Code, except that all of the following shall
apply to proceedings against licensees under this chapter:
(1) When considering a proposed decision, the board or panel and
the California Board of Podiatric Medicine shall give great weight to
the findings of fact of the administrative law judge, except to the
extent those findings of fact are controverted by new evidence.
(2) The board's staff or the staff of the California Board of
Podiatric Medicine shall poll the members of the board or panel or of
the California Board of Podiatric Medicine by written mail ballot
concerning the proposed decision. The mail ballot shall be sent
within 10 calendar days of receipt of the proposed decision, and
shall poll each member on whether the member votes to approve the
decision, to approve the decision with an altered penalty, to refer
the case back to the administrative law judge for the taking of
additional evidence, to defer final decision pending discussion of
the case by the panel or board as a whole, or to nonadopt the
decision. No party to the proceeding, including employees of the
agency that filed the accusation, and no person who has a direct or
indirect interest in the outcome of the proceeding or who presided at
a previous stage of the decision, may communicate directly or
indirectly, upon the merits of a contested matter while the
proceeding is pending, with any member of the panel or board, without
notice and opportunity for all parties to participate in the
communication. The votes of a majority of the board or of the panel,
and a majority of the California Board of Podiatric Medicine, are
required to approve the decision with an altered penalty, to refer
the case back to the administrative law judge for the taking of
further evidence, or to nonadopt the decision. The votes of two
members of the panel or board are required to defer final decision
pending discussion of the case by the panel or board as a whole. If
there is a vote by the specified number to defer final decision
pending discussion of the case by the panel or board as a whole,
provision shall be made for that discussion before the 100-day period
specified in paragraph (3) expires, but in no event shall
that100-day period be extended.
(3) If a majority of the board or of the panel, or a majority of
the California Board of Podiatric Medicine vote to do so, the board
or the panel or the California Board of Podiatric Medicine shall
issue an order of nonadoption of a proposed decision within 100
calendar days of the date it is received by the board. If the board
or the panel or the California Board of Podiatric Medicine does not
refer the case back to the administrative law judge for the taking of
additional evidence or issue an order of nonadoption within 100
days, the decision shall be final and subject to review under Section
2337. Members of the board or of any panel or of the California
Board of Podiatric Medicine who review a proposed decision or other
matter and vote by mail as provided in paragraph (2) shall return
their votes by mail to the board within 30 days from receipt of the
proposed decision or other matter.
(4) The board or the panel or the California Board of Podiatric
Medicine shall afford the parties the opportunity to present oral
argument before deciding a case after nonadoption of the
administrative law judge's decision.
(5) A vote of a majority of the board or of a panel, or a majority
of the California Board of Podiatric Medicine, are required to
increase the penalty from that contained in the proposed
administrative law judge's decision. No member of the board or panel
or of the California Board of Podiatric Medicine may vote to increase
the penalty except after reading the entire record and personally
hearing any additional oral argument and evidence presented to the
panel or board.
SEC. 31. Section 2416 of the Business and Professions Code is
amended to read:
2416. Physicians and surgeons and doctors of podiatric medicine
may conduct their professional practices in a partnership or group of
physician and surgeons or a partnership or group of doctors of
podiatric medicine, respectively. Physician and surgeons and doctors
of podiatric medicine may establish a professional partnership that
includes both physician and surgeons and doctors of podiatric
medicine, if both of the following conditions are satisfied:
(a) A majority of the partners and partnership interests in the
professional partnership are physician and surgeons or osteopathic
physician and surgeons.
(b) Notwithstanding Chapter 2 (commencing with Section 15001) of
Title 1 of the Corporations Code, a partner who is not a physician
and surgeon shall not practice in the partnership or vote on
partnership matters related to the practice of medicine that are
outside his or her scope of practice. All partners may vote on
general administrative, management, and business matters.
SEC. 32. Section 2471 is added to the Business and Professions
Code, to read:
2471. Except as provided by Section 159.5, the board may employ,
within the limits of the funds received by the board, all personnel
necessary to carry out this chapter.
SEC. 33. Section 2497.5 of the Business and Professions Code is
amended to read:
2497.5. (a) The board may request the administrative law judge,
under his or her proposed decision in resolution of a disciplinary
proceeding before the board, to direct any licensee found guilty of
unprofessional conduct to pay to the board a sum not to exceed the
actual and reasonable costs of the investigation and prosecution of
the case.
(b) The costs to be assessed shall be fixed by the administrative
law judge and shall not in any event be increased by the board. When
the board does not adopt a proposed decision and remands the case to
an administrative law judge, the administrative law judge shall not
increase the amount of any costs assessed in the proposed decision.
(c) When the payment directed in the board's order for payment of
costs is not made by the licensee, the board may enforce the order
for payment by bringing an action in any appropriate court. This
right of enforcement shall be in addition to any other rights the
board may have as to any licensee directed to pay costs.
(d) In any judicial action for the recovery of costs, proof of the
board's decision shall be conclusive proof of the validity of the
order of payment and the terms for payment.
(e) (1) Except as provided in paragraph (2), the board shall not
renew or reinstate the license of any licensee who has failed to pay
all of the costs ordered under this section.
(2) Notwithstanding paragraph (1), the board may, in its
discretion, conditionally renew or reinstate for a maximum of one
year the license of any licensee who demonstrates financial hardship
and who enters into a formal agreement with the board to reimburse
the board within that one year period for those unpaid costs.
(f) All costs recovered under this section shall be deposited in
the Board of Podiatric Medicine Fund as a reimbursement in either the
fiscal year in which the costs are actually recovered or the
previous fiscal year, as the board may direct.
SEC. 34. Section 2570.7 of the Business and Professions Code is
amended to read:
2570.7. (a) An applicant who has satisfied the requirements of
Section 2570.6 may apply for examination for licensure or
certification in a manner prescribed by the board. Subject to the
provisions of this chapter, an applicant who fails an examination may
apply for reexamination.
(b) Each applicant for licensure or certification shall
successfully complete the entry level certification examination for
occupational therapists or occupational therapy assistants approved
by the board, such as the examination administered by the National
Board for Certification in Occupational Therapy or by another
nationally recognized credentialing body. The examination shall be
appropriately validated. Each applicant shall be examined by written
examination to test his or her knowledge of the basic and clinical
sciences relating to occupational therapy, occupational therapy
techniques and methods, and any other subjects that the board may
require to determine the applicant's fitness to practice under this
chapter.
(c) Applicants for licensure or certification shall be examined at
a time and place and under that supervision as the board may
require.
SEC. 35. Section 2570.8 is added to the Business and Professions
Code, to read:
2570.8. For the purposes of verifying a license issued under this
chapter, a person may rely on the licensure information posted on
the board's Internet Web site, which includes the issuance and
expiration dates of a license issued by the board.
SEC. 36. Section 2717 of the Business and Professions Code is
amended to read:
2717. (a) The board shall collect and analyze workforce data from
its licensees for future workforce planning. The board may collect
the data at the time of license renewal or from a scientifically
selected random sample of its licensees. The board shall produce
reports on the workforce data it collects, at a minimum, on a
biennial basis. The board shall maintain the confidentiality of the
information it receives from licensees under this section and shall
only release information in an aggregate form that cannot be used to
identify an individual. The workforce data collected by the board
shall include, at a minimum, employment information such as hours of
work, number of positions held, time spent in direct patient care,
clinical practice area, type of employer, and work location. The data
shall also include future work intentions, reasons for leaving or
reentering nursing, job satisfaction ratings, and demographic data.
(b) Aggregate information collected pursuant to this section shall
be placed on the board's Internet Web site.
(c) The board is authorized to expend the sum of one hundred
forty-five thousand dollars ($145,000) from the Board of Registered
Nursing Fund in the Professions and Vocations Fund for the purpose of
implementing this section.
(d) This section shall be implemented by the board on or before
July 1, 2003.
SEC. 37. Section 2732.05 of the Business and Professions Code is
amended to read:
2732.05. (a) Every employer of a registered nurse, every employer
of a registered nurse required to hold any board-issued
certification, and every person acting as an agent for such a nurse
in obtaining employment, shall ascertain that the nurse is currently
authorized to practice as a registered nurse or as a registered nurse
pursuant to a board-issued certification within the provisions of
this chapter. As used in this section, "board-issued certification"
includes, but is not limited to, certification as a nurse
practitioner, nurse practitioner with a furnishing number, nurse
anesthetist, nurse midwife, nurse midwife with a furnishing number,
public health nurse, clinical nurse specialist, or board listed
psychiatric mental health nurse.
(b) Every employer of a temporary licensee or interim permittee
and every person acting as an agent for a temporary licensee or
interim permittee in obtaining employment shall ascertain that the
person is currently authorized to practice as a temporary licensee or
interim permittee.
(c) As used in this section, the term "agent" includes, but is not
limited to, a nurses registry and a traveling nurse agency.
Examination by an employer or agent of evidence satisfactory to
the board showing the nurse's, licensee's, or permittee's current
authority to practice under this chapter, prior to employment, shall
constitute a determination of authority to so practice.
Nothing in this section shall apply to a patient, or other person
acting for a specific patient, who engages the services of a
registered nurse or temporary licensee to provide nursing care to a
single patient.
SEC. 38. Section 3057 of the Business and Professions Code is
amended to read:
3057. (a) The board may issue a license to practice optometry to
a person who meets all of the following requirements:
(1) Has a degree as a doctor of optometry issued by an accredited
school or college of optometry.
(2) Has successfully passed the licensing examination for an
optometric license in another state.
(3) Submits proof that he or she is licensed in good standing as
of the date of application in every state where he or she holds a
license, including compliance with continuing education requirements.
(4) Submits proof that he or she has been in active practice in a
state in which he or she is licensed for a total of at least 5,000
hours in five of the seven consecutive years immediately preceding
the date of his or her application under this section.
(5) Is not subject to disciplinary action as set forth in
subdivision (h) of Section 3110. If the person has been subject to
disciplinary action, the board shall review that action to determine
if it presents sufficient evidence of a violation of this chapter to
warrant the submission of additional information from the person or
the denial of the application for licensure.
(6) Has furnished a signed release allowing the disclosure of
information from the Healthcare Integrity and Protection Data Bank
and, if applicable, the verification of registration status with the
federal Drug Enforcement Administration. The board shall review this
information to determine if it presents sufficient evidence of a
violation of this chapter to warrant the submission of additional
information from the person or the denial of the application for
licensure.
(7) Has never had his or her license to practice optometry revoked
or suspended.
(8) Is not subject to denial of an application for licensure based
on any of the grounds listed in Section 480.
(9) Has met the minimum continuing education requirements set
forth in Section 3059 for the current and preceding year.
(10) Has met the certification requirements of Section 3041.3 to
use therapeutic pharmaceutical agents under subdivision (e) of
Section 3041.
(11) Submits any other information as specified by the board to
the extent it is required for licensure by examination under this
chapter.
(12) Files an application on a form prescribed by the board, with
an acknowledgment by the person executed under penalty of perjury and
automatic forfeiture of license, of the following:
(A) That the information provided by the person to the board is
true and correct, to the best of his or her knowledge and belief.
(B) That the person has not been convicted of an offense involving
conduct that would violate Section 810.
(13) Pays an application fee in an amount equal to the application
fee prescribed pursuant to subdivision (a) of Section 3152.
(14) Has successfully passed the board's jurisprudence
examination.
(b) If the board finds that the competency of a candidate for
licensure pursuant to this section is in question, the board may
require the passage of a written, practical, or clinical exam or
completion of additional continuing education or coursework.
(c) In cases where the person establishes, to the board's
satisfaction, that he or she has been displaced by a federally
declared emergency and cannot relocate to his or her state of
practice within a reasonable time without economic hardship, the
board is authorized to do both of the following:
(1) Approve an application where the person's time in active
practice is less than that specified in paragraph (4) of subdivision
(a), if a sufficient period in active practice can be verified by the
board and all other requirements of subdivision (a) are satisfied by
the person.
(2) Reduce or waive the fees required by paragraph (13) of
subdivision (a).
(d) Any license issued pursuant to this section shall expire as
provided in Section 3146, and may be renewed as provided in this
chapter, subject to the same conditions as other licenses issued
under this chapter.
(e) The term "in good standing," as used in this section, means
that a person under this section:
(1) Is not currently under investigation nor has been charged with
an offense for any act substantially related to the practice of
optometry by any public agency, nor entered into any consent
agreement or subject to an administrative decision that contains
conditions placed by an agency upon a
person's professional conduct or practice, including
any voluntary surrender of license, nor been the subject of an
adverse judgment resulting from the practice of optometry that the
board determines constitutes evidence of a pattern of incompetence or
negligence.
(2) Has no physical or mental impairment related to drugs or
alcohol, and has not been found mentally incompetent by a physician
so that the person is unable to undertake the practice of optometry
in a manner consistent with the safety of a patient or the public.
SEC. 39. Section 3527 of the Business and Professions Code is
amended to read:
3527. (a) The committee may order the denial of an application
for, or the issuance subject to terms and conditions of, or the
suspension or revocation of, or the imposition of probationary
conditions upon a physician assistant license after a hearing as
required in Section 3528 for unprofessional conduct that includes,
but is not limited to, a violation of this chapter, a violation of
the Medical Practice Act, or a violation of the regulations adopted
by the committee or the board.
(b) The committee may order the denial of an application for, or
the suspension or revocation of, or the imposition of probationary
conditions upon, an approved program after a hearing as required in
Section 3528 for a violation of this chapter or the regulations
adopted pursuant thereto.
(c) The board may order the denial of an application for, or the
issuance subject to terms and conditions of, or the suspension or
revocation of, or the imposition of probationary conditions upon, an
approval to supervise a physician assistant, after a hearing as
required in Section 3528, for unprofessional conduct, which includes,
but is not limited to, a violation of this chapter, a violation of
the Medical Practice Act, or a violation of the regulations adopted
by the committee or the board.
(d) Notwithstanding subdivision (c), the Division of Medical
Quality of the Medical Board of California, in conjunction with an
action it has commenced against a physician and surgeon, may, in its
own discretion and without the concurrence of the board, order the
suspension or revocation of, or the imposition of probationary
conditions upon, an approval to supervise a physician assistant,
after a hearing as required in Section 3528, for unprofessional
conduct, which includes, but is not limited to, a violation of this
chapter, a violation of the Medical Practice Act, or a violation of
the regulations adopted by the committee or the board.
(e) The committee may order the denial of an application for, or
the suspension or revocation of, or the imposition of probationary
conditions upon, a physician assistant license, after a hearing as
required in Section 3528 for unprofessional conduct that includes,
except for good cause, the knowing failure of a licensee to protect
patients by failing to follow infection control guidelines of the
committee, thereby risking transmission of blood-borne infectious
diseases from licensee to patient, from patient to patient, and from
patient to licensee. In administering this subdivision, the committee
shall consider referencing the standards, regulations, and
guidelines of the State Department of Public Health developed
pursuant to Section 1250.11 of the Health and Safety Code and the
standards, regulations, and guidelines pursuant to the California
Occupational Safety and Health Act of 1973 (Part 1 (commencing with
Section 6300) of Division 5 of the Labor Code) for preventing the
transmission of HIV, hepatitis B, and other blood-borne pathogens in
health care settings. As necessary, the committee shall consult with
the California Medical Board, the Board of Podiatric Medicine, the
Board of Dental Examiners, the Board of Registered Nursing, and the
Board of Vocational Nursing and Psychiatric Technicians, to encourage
appropriate consistency in the implementation of this subdivision.
The committee shall seek to ensure that licensees are informed of
the responsibility of licensees and others to follow infection
control guidelines, and of the most recent scientifically recognized
safeguards for minimizing the risk of transmission of blood-borne
infectious diseases.
(f) The committee may order the licensee to pay the costs of
monitoring the probationary conditions imposed on the license.
SEC. 40. Section 3530 of the Business and Professions Code is
repealed.
SEC. 41. Section 3530 is added to the Business and Professions
Code, to read:
3530. (a) A person whose license or approval has been revoked or
suspended, or who has been placed on probation, may petition the
committee for reinstatement or modification of penalty, including
modification or termination of probation, after a period of not less
than the following minimum periods has elapsed from the effective
date of the decision ordering that disciplinary action:
(1) At least three years for reinstatement of a license or
approval revoked for unprofessional conduct, except that the
committee may, for good cause shown, specify in a revocation order
that a petition for reinstatement may be filed after two years.
(2) At least two years for early termination of probation of three
years or more.
(3) At least one year for modification of a condition, or
reinstatement of a license or approval revoked for mental or physical
illness, or termination of probation of less than three years.
(b) The petition shall state any facts as may be required by the
board. The petition shall be accompanied by at least two verified
recommendations from physicians licensed either by the Medical Board
of California or the Osteopathic Medical Board who have personal
knowledge of the activities of the petitioner since the disciplinary
penalty was imposed.
(c) The petition may be heard by the committee. The committee may
assign the petition to an administrative law judge designated in
Section 11371 of the Government Code. After a hearing on the
petition, the administrative law judge shall provide a proposed
decision to the committee that shall be acted upon in accordance with
the Administrative Procedure Act.
(d) The committee or the administrative law judge hearing the
petition, may consider all activities of the petitioner since the
disciplinary action was taken, the offense for which the petitioner
was disciplined, the petitioner's activities during the time the
license was in good standing, and the petitioner's rehabilitative
efforts, general reputation for truth, and professional ability. The
hearing may be continued, as the committee or administrative law
judge finds necessary.
(e) The committee or administrative law judge, when hearing a
petition for reinstating a license or approval or modifying a
penalty, may recommend the imposition of any terms and conditions
deemed necessary.
(f) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole. No petition
shall be considered while there is an accusation or petition to
revoke probation pending against the person. The committee may deny,
without a hearing or argument, any petition filed pursuant to this
section within a period of two years from the effective date of the
prior decision following a hearing under this section.
(g) Nothing in this section shall be deemed to alter Sections 822
and 823.
SEC. 42. Section 3634 of the Business and Professions Code is
amended to read:
3634. A license issued under this chapter shall be subject to
renewal biennially as prescribed by the bureau and shall expire
unless renewed in that manner. The bureau may provide by regulation
for the late renewal of a license.
SEC. 43. Section 4068 of the Business and Professions Code is
amended to read:
4068. (a) Notwithstanding any provision of this chapter, a
prescriber may dispense a dangerous drug, including a controlled
substance, to an emergency room patient if all of the following
apply:
(1) The hospital pharmacy is closed and there is no pharmacist
available in the hospital.
(2) The dangerous drug is acquired by the hospital pharmacy.
(3) The dispensing information is recorded and provided to the
pharmacy when the pharmacy reopens.
(4) The hospital pharmacy retains the dispensing information and,
if the drug is a schedule II, schedule III, or schedule IV controlled
substance, reports the dispensing information to the Department of
Justice pursuant to Section 11165 of the Health and Safety Code.
(5) The prescriber determines that it is in the best interest of
the patient that a particular drug regimen be immediately commenced
or continued, and the prescriber reasonably believes that a pharmacy
located outside the hospital is not available and accessible at the
time of dispensing to the patient.
(6) The quantity of drugs dispensed to any patient pursuant to
this section are limited to that amount necessary to maintain
uninterrupted therapy during the period when pharmacy services
outside the hospital are not readily available or accessible, but
shall not exceed a 72-hour supply.
(7) The prescriber shall ensure that the label on the drug
contains all the information required by Section 4076.
(b) The prescriber shall be responsible for any error or omission
related to the drugs dispensed.
SEC. 44. Section 4084 of the Business and Professions Code is
amended to read:
4084. (a) When a board inspector finds, or has probable cause to
believe, that any dangerous drug or dangerous device is adulterated,
misbranded, or counterfeit, the board inspector shall affix a tag or
other marking to that dangerous drug or dangerous device. The board
inspector shall give notice to the person that the dangerous drug or
dangerous device bearing the tag or marking has been embargoed.
(b) When a board inspector has found that an embargoed dangerous
drug or dangerous device is not adulterated, misbranded, or
counterfeit, a board inspector shall remove the tag or other marking.
(c) A board inspector may secure a sample or specimen of a
dangerous drug or dangerous device. If the board inspector obtains a
sample prior to leaving the premises, the board inspector shall leave
a receipt describing the sample.
(d) For the purposes of this article, "counterfeit" shall have the
meaning defined in Section 109905 of the Health and Safety Code.
(e) For the purposes of this article, "adulterated" shall have the
meaning defined in Article 2 (commencing with Section 111250) of
Chapter 6 of Part 5 of Division 104 of the Health and Safety Code.
(f) For the purposes of this article, "misbranded" shall have the
meaning defined in Article 3 (commencing with Section 111330) of
Chapter 6 of Part 5 of Division 104 of the Health and Safety Code.
SEC. 45. Section 4101 of the Business and Professions Code is
amended to read:
4101. (a) A pharmacist who takes charge of, or acts as
pharmacist-in-charge of a pharmacy or other entity licensed by the
board, who terminates his or her employment at the pharmacy or other
entity, shall notify the board within 30 days of the termination of
employment.
(b) A designated representative-in-charge of a wholesaler or
veterinary food drug-animal retailer, who terminates his or her
employment at that entity shall notify the board within 30 days of
the termination of employment.
SEC. 46. Section 4160 of the Business and Professions Code is
amended to read:
4160. (a) A person may not act as a wholesaler of any dangerous
drug or dangerous device unless he or she has obtained a license from
the board.
(b) Upon approval by the board and the payment of the required
fee, the board shall issue a license to the applicant.
(c) A separate license shall be required for each place of
business owned or operated by a wholesaler. Each license shall be
renewed annually and shall not be transferable.
(d) The board shall not issue or renew a wholesaler license until
the wholesaler identifies a designated representative-in-charge and
notifies the board in writing of the identity and license number of
that designated representative. The designated
representative-in-charge shall be responsible for the wholesaler's
compliance with state and federal laws governing wholesalers. A
wholesaler shall identify and notify the board of a new designated
representative-in-charge within 30 days of the date that the prior
designated representative-in-charge ceases to be the designated
representative-in-charge. A pharmacist may be identified as the
designated representative-in-charge.
(e) A drug manufacturer premises licensed by the Food and Drug
Administration or licensed pursuant to Section 111615 of the Health
and Safety Code that only distributes dangerous drugs and dangerous
devices of its own manufacture is exempt from this section and
Section 4161.
(f) The board may issue a temporary license, upon conditions and
for periods of time as the board determines to be in the public
interest. A temporary license fee shall be five hundred fifty dollars
($550) or another amount established by the board not to exceed the
annual fee for renewal of a license to compound injectable sterile
drug products. When needed to protect public safety, a temporary
license may be issued for a period not to exceed 180 days, subject to
terms and conditions that the board deems necessary. If the board
determines that a temporary license was issued by mistake or denies
the application for a permanent license, the temporary license shall
terminate upon either personal service of the notice of termination
upon the licenseholder or service by certified mail, return receipt
requested, at the licenseholder's address of record with the board,
whichever occurs first. Neither for purposes of retaining a temporary
license, nor for purposes of any disciplinary or license denial
proceeding before the board, shall the temporary licenseholder be
deemed to have a vested property right or interest in the license.
(g) This section shall become operative on January 1, 2006.
SEC. 47. Section 4161 of the Business and Professions Code is
amended to read:
4161. (a) A person located outside this state that ships, mails,
or delivers dangerous drugs or dangerous devices into this state
shall be considered a nonresident wholesaler.
(b) A nonresident wholesaler shall be licensed by the board prior
to shipping, mailing, or delivering dangerous drugs or dangerous
devices to a site located in this state.
(c) A separate license shall be required for each place of
business owned or operated by a nonresident wholesaler from or
through which dangerous drugs or dangerous devices are shipped,
mailed, or delivered to a site located in this state. A license shall
be renewed annually and shall not be transferable.
(d) The following information shall be reported, in writing, to
the board at the time of initial application for licensure by a
nonresident wholesaler, on renewal of a nonresident wholesaler
license, or within 30 days of a change in that information:
(1) Its agent for service of process in this state.
(2) Its principal corporate officers, as specified by the board,
if any.
(3) Its general partners, as specified by the board, if any.
(4) Its owners if the applicant is not a corporation or
partnership.
(e) A report containing the information in subdivision (d) shall
be made within 30 days of any change of ownership, office, corporate
officer, or partner.
(f) A nonresident wholesaler shall comply with all directions and
requests for information from the regulatory or licensing agency of
the state in which it is licensed, as well as with all requests for
information made by the board.
(g) A nonresident wholesaler shall maintain records of dangerous
drugs and dangerous devices sold, traded, or transferred to persons
in this state, so that the records are in a readily retrievable form.
(h) A nonresident wholesaler shall at all times maintain a valid,
unexpired license, permit, or registration to conduct the business of
the wholesaler in compliance with the laws of the state in which it
is a resident. An application for a nonresident wholesaler license in
this state shall include a license verification from the licensing
authority in the applicant's state of residence.
(i) The board may not issue or renew a nonresident wholesaler
license until the nonresident wholesaler identifies a designated
representative-in-charge and notifies the board in writing of the
identity and license number of the designated
representative-in-charge.
(j) The designated representative-in-charge shall be responsible
for the nonresident wholesaler's compliance with state and federal
laws governing wholesalers. A nonresident wholesaler shall identify
and notify the board of a new designated representative-in-charge
within 30 days of the date that the prior designated
representative-in-charge ceases to be the designated
representative-in-charge.
(k) The board may issue a temporary license, upon conditions and
for periods of time as the board determines to be in the public
interest. A temporary license fee shall be five hundred fifty dollars
($550) or another amount established by the board not to exceed the
annual fee for renewal of a license to compound injectable sterile
drug products. When needed to protect public safety, a temporary
license may be issued for a period not to exceed 180 days, subject to
terms and conditions that the board deems necessary. If the board
determines that a temporary license was issued by mistake or denies
the application for a permanent license, the temporary license shall
terminate upon either personal service of the notice of termination
upon the licenseholder or service by certified mail, return receipt
requested, at the licenseholder's address of record with the board,
whichever occurs first. Neither for purposes of retaining a temporary
license, nor for purposes of any disciplinary or license denial
proceeding before the board, shall the temporary licenseholder be
deemed to have a vested property right or interest in the license.
() The registration fee shall be the fee specified in subdivision
(f) of Section 4400.
SEC. 48. Section 4162 of the Business and Professions Code is
amended to read:
4162. (a) (1) An applicant, that is not a government-owned and
operated wholesaler, for the issuance or renewal of a wholesaler
license shall submit a surety bond of one hundred thousand dollars
($100,000) or other equivalent means of security acceptable to the
board payable to the Pharmacy Board Contingent Fund. The purpose of
the surety bond is to secure payment of any administrative fine
imposed by the board and any cost recovery ordered pursuant to
Section 125.3.
(2) For purposes of paragraph (1), the board may accept a surety
bond less than one hundred thousand dollars ($100,000) if the annual
gross receipts of the previous tax year for the wholesaler is ten
million dollars ($10,000,000) or less, in which case the surety bond
shall be twenty-five thousand dollars ($25,000).
(3) A person to whom an approved new drug application has been
issued by the United States Food and Drug Administration who engages
in the wholesale distribution of only the dangerous drug specified in
the new drug application, and is licensed or applies for licensure
as a wholesaler, shall not be required to post a surety bond as
provided in paragraph (1).
(4) For licensees subject to paragraph (2) or (3), the board may
require a bond up to one hundred thousand dollars ($100,000) for any
licensee who has been disciplined by any state or federal agency or
has been issued an administrative fine pursuant to this chapter.
(b) The board may make a claim against the bond if the licensee
fails to pay a fine within 30 days after the order imposing the fine,
or costs become final.
(c) A single surety bond or other equivalent means of security
acceptable to the board shall satisfy the requirement of subdivision
(a) for all licensed sites under common control as defined in Section
4126.5.
(d) This section shall become operative on January 1, 2006, and
shall remain in effect only until January 1, 2015, and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1, 2015, deletes or extends those dates.
SEC. 49. Section 4162.5 of the Business and Professions Code is
amended to read:
4162.5. (a) (1) An applicant for the issuance or renewal of a
nonresident wholesaler license shall submit a surety bond of one
hundred thousand dollars ($100,000), or other equivalent means of
security acceptable to the board, such as an irrevocable letter of
credit, or a deposit in a trust account or financial institution,
payable to the Pharmacy Board Contingent Fund. The purpose of the
surety bond is to secure payment of any administrative fine imposed
by the board and any cost recovery ordered pursuant to Section 125.3.
(2) For purposes of paragraph (1), the board may accept a surety
bond less than one hundred thousand dollars ($100,000) if the annual
gross receipts of the previous tax year for the nonresident
wholesaler is ten million dollars ($10,000,000) or less in which the
surety bond shall be twenty-five thousand dollars ($25,000).
(3) For applicants who satisfy paragraph (2), the board may
require a bond up to one hundred thousand dollars ($100,000) for any
nonresident wholesaler who has been disciplined by any state or
federal agency or has been issued an administrative fine pursuant to
this chapter.
(4) A person to whom an approved new drug application or a
biologics license application has been issued by the United States
Food and Drug Administration who engages in the wholesale
distribution of only the dangerous drug specified in the new drug
application or biologics license application, and is licensed or
applies for licensure as a nonresident wholesaler, shall not be
required to post a surety bond as provided in this section.
(b) The board may make a claim against the bond if the licensee
fails to pay a fine within 30 days of the issuance of the fine or
when the costs become final.
(c) A single surety bond or other equivalent means of security
acceptable to the board shall satisfy the requirement of subdivision
(a) for all licensed sites under common control as defined in Section
4126.5.
(d) This section shall become operative on January 1, 2006, and
shall become inoperative and is repealed on, January 1, 2015, unless
a later enacted statute, that is enacted before January 1, 2015,
deletes or extends those dates.
SEC. 50. Section 4200 of the Business and Professions Code is
amended to read:
4200. (a) The board may license as a pharmacist an applicant who
meets all the following requirements:
(1) Is at least 18 years of age.
(2) (A) Has graduated from a college of pharmacy or department of
pharmacy of a university recognized by the board; or
(B) If the applicant graduated from a foreign pharmacy school, the
foreign-educated applicant has been certified by the Foreign
Pharmacy Graduate Examination Committee.
(3) Has completed at least 150 semester units of collegiate study
in the United States, or the equivalent thereof in a foreign country.
No less than 90 of those semester units shall have been completed
while in resident attendance at a school or college of pharmacy.
(4) Has earned at least a baccalaureate degree in a course of
study devoted to the practice of pharmacy.
(5) Has completed 1,500 hours of pharmacy practice experience or
the equivalent in accordance with Section 4209.
(6) Has passed a written and practical examination given by the
board prior to December 31, 2003, or has passed the North American
Pharmacist Licensure Examination and the California Practice
Standards and Jurisprudence Examination for Pharmacists on or after
January 1, 2004.
(b) Proof of the qualifications of an applicant for licensure as a
pharmacist, shall be made to the satisfaction of the board and shall
be substantiated by affidavits or other evidence as may be required
by the board.
(c) Each person, upon application for licensure as a pharmacist
under this chapter, shall pay to the executive officer of the board,
the fees provided by this chapter. The fees shall be compensation to
the board for investigation or examination of the applicant.
SEC. 51. Section 4200.1 of the Business and Professions Code is
amended to read:
4200.1. (a) Notwithstanding Section 135, an applicant may take
the North American Pharmacist Licensure Examination four times, and
may take the California Practice Standards and Jurisprudence
Examination for Pharmacists four times.
(b) Notwithstanding Section 135, an applicant may take the North
American Pharmacist Licensure Examination and the California Practice
Standards and Jurisprudence Examination for Pharmacists four
additional times each if he or she successfully completes, at
minimum, 16 additional semester units of education in pharmacy as
approved by the board.
(c) The applicant shall comply with the requirements of Section
4200 for each application for reexamination made pursuant to
subdivision (b).
(d) An applicant may use the same coursework to satisfy the
additional educational requirement for each examination under
subdivision (b), if the coursework was completed within 12 months of
the date of his or her application for reexamination.
(e) For purposes of this section, the board shall treat each
failing score on the pharmacist licensure examination administered by
the board prior to January 1, 2004, as a failing score on both the
North American Pharmacist Licensure Examination and the California
Practice Standards and Jurisprudence Examination for Pharmacists.
(f) From January 1, 2004, to July 1, 2008, inclusive, the board
shall collect data on the applicants who are admitted to, and take,
the licensure examinations required by Section 4200. The board shall
report to the Joint Committee on Boards, Commissions, and Consumer
Protection before September 1, 2008, regarding the impact on those
applicants of the examination limitations imposed by this section.
The report shall include, but not be limited to, the following
information:
(1) The number of applicants taking the examination and the number
who fail the examination for the fourth time.
(2) The number of applicants who, after failing the examination
for the fourth time, complete a pharmacy studies program in
California or another state to satisfy the requirements of this
section and who apply to take the licensure examination required by
Section 4200.
(3) To the
extent possible, the school from which the applicant graduated and
the school's location and the pass/fail rates on the examination for
each school.
(g) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
SEC. 51.5. Section 4200.1 of the Business and Professions Code is
amended to read:
4200.1. (a) Notwithstanding Section 135, an applicant may take
the North American Pharmacist Licensure Examination four times, and
may take the California Practice Standards and Jurisprudence
Examination for Pharmacists four times.
(b) Notwithstanding Section 135, an applicant may take the North
American Pharmacist Licensure Examination and the California Practice
Standards and Jurisprudence Examination for Pharmacists four
additional times each if he or she successfully completes, at
minimum, 16 additional semester units of education in pharmacy as
approved by the board.
(c) The applicant shall comply with the requirements of Section
4200 for each application for reexamination made pursuant to
subdivision (b).
(d) An applicant may use the same coursework to satisfy the
additional educational requirement for each examination under
subdivision (b), if the coursework was completed within 12 months of
the date of his or her application for reexamination.
(e) For purposes of this section, the board shall treat each
failing score on the pharmacist licensure examination administered by
the board prior to January 1, 2004, as a failing score on both the
North American Pharmacist Licensure Examination and the California
Practice Standards and Jurisprudence Examination for Pharmacists.
(f) From January 1, 2004, to July 1, 2008, inclusive, the board
shall collect data on the applicants who are admitted to, and take,
the licensure examinations required by Section 4200. The board shall
report to the Legislature and the Office of the Consumer Advocate
before September 1, 2008, regarding the impact on those applicants of
the examination limitations imposed by this section. The report
shall include, but not be limited to, the following information:
(1) The number of applicants taking the examination and the number
who fail the examination for the fourth time.
(2) The number of applicants who, after failing the examination
for the fourth time, complete a pharmacy studies program in
California or another state to satisfy the requirements of this
section and who apply to take the licensure examination required by
Section 4200.
(3) To the extent possible, the school from which the applicant
graduated and the school's location and the pass/fail rates on the
examination for each school.
(g) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
SEC. 52. Section 4200.2 of the Business and Professions Code is
amended to read:
4200.2. When developing the California Practice Standards and
Jurisprudence Examination for Pharmacists, the board shall include
all of the following:
(a) Examination items to demonstrate the candidate's proficiency
in patient communication skills.
(b) Aspects of contemporary standards of practice for pharmacists
in California, including, but not limited to, the provision of
pharmacist care and the application of clinical knowledge to typical
pharmacy practice situations that are not evaluated by the North
American Pharmacy Licensure Examination.
SEC. 53. Section 4208 of the Business and Professions Code is
amended to read:
4208. (a) At the discretion of the board, an intern pharmacist
license may be issued for a period of:
(1) One to six years to a person who is currently enrolled in a
school of pharmacy recognized by the board.
(2) Two years to a person who is a graduate of a school of
pharmacy recognized by the board and who has applied to become
licensed as a pharmacist in California.
(3) Two years to a foreign graduate who has met educational
requirements described in paragraphs (1) and (2) of subdivision (a)
of Section 4200.
(4) One year to a person who has failed the pharmacist licensure
examination four times and has reenrolled in a school of pharmacy to
satisfy the requirements of Section 4200.1.
(b) The board may issue an intern pharmacist license to an
individual for the period of time specified in a decision of
reinstatement adopted by the board.
(c) An intern pharmacist shall notify the board within 30 days of
any change of address.
(d) An intern pharmacist whose license has been issued pursuant to
paragraph (1) or (4) of subdivision (a) shall return his or her
license, by registered mail, within 30 days of no longer being
enrolled in a school of pharmacy. The intern pharmacist license shall
be canceled by the board. Notwithstanding subdivision (c), an intern
pharmacist license may be reinstated if the student reenrolls in a
school of pharmacy recognized by the board to fulfill the education
requirements of paragraphs (1) to (4), inclusive, of subdivision (a)
of Section 4200.
(e) A person who has not completed the experience requirements
necessary to be eligible for the licensure examination may have his
or her intern license extended for a period of up to two years at the
discretion of the board if he or she is able to demonstrate his or
her inability to exercise the privileges of the intern license during
the initial license period.
SEC. 54. Section 4314 of the Business and Professions Code is
amended to read:
4314. (a) The board may issue citations containing fines and
orders of abatement for any violation of Section 733, for any
violation of this chapter or regulations adopted pursuant to this
chapter, or for any violation of Division 116 (commencing with
Section 150200) of the Health and Safety Code, in accordance with
Sections 125.9, 148, and 4005 and the regulations adopted pursuant to
those sections.
(b) Where appropriate, a citation issued by the board, as
specified in this section, may subject the person or entity to whom
the citation is issued to an administrative fine.
(c) Notwithstanding any other provision of law, where appropriate,
a citation issued by the board may contain an order of abatement.
The order of abatement shall fix a reasonable time for abatement of
the violation. It may also require the person or entity to whom the
citation is issued to demonstrate how future compliance with the
Pharmacy Law, and the regulations adopted pursuant thereto, will be
accomplished. A demonstration may include, but is not limited to,
submission of a corrective action plan, and requiring completion of
up to six hours of continuing education courses in the subject matter
specified in the order of abatement. Any continuing education
courses required by the order of abatement shall be in addition to
those required for license renewal.
(d) Nothing in this section shall in any way limit the board from
issuing a citation, fine, and order of abatement pursuant to Section
4067 or Section 56.36 of the Civil Code, and the regulations adopted
pursuant to those sections.
SEC. 55. Section 4315 of the Business and Professions Code is
amended to read:
4315. (a) The executive officer, or his or her designee, may
issue a letter of admonishment to a licensee for failure to comply
with Section 733, for failure to comply with this chapter or
regulations adopted pursuant to this chapter, or for failure to
comply with Division 116 (commencing with Section 150200) of the
Health and Safety Code, directing the licensee to come into
compliance.
(b) The letter of admonishment shall be in writing and shall
describe in detail the nature and facts of the violation, including a
reference to the statutes or regulations violated.
(c) The letter of admonishment shall inform the licensee that
within 30 days of service of the order of admonishment the licensee
may do either of the following:
(1) Submit a written request for an office conference to the
executive officer of the board to contest the letter of admonishment.
(A) Upon a timely request, the executive officer, or his or her
designee, shall hold an office conference with the licensee or the
licensee's legal counsel or authorized representative. Unless so
authorized by the executive officer, or his or her designee, no
individual other than the legal counsel or authorized representative
of the licensee may accompany the licensee to the office conference.
(B) Prior to or at the office conference, the licensee may submit
to the executive officer declarations and documents pertinent to the
subject matter of the letter of admonishment.
(C) The office conference is intended to be an informal proceeding
and shall not be subject to the provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4
(commencing with Section 11370), Chapter 4.5 (commencing with
Section 11400), and Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code).
(D) The executive officer, or his or her designee, may affirm,
modify, or withdraw the letter of admonishment. Within 14 calendar
days from the date of the office conference, the executive officer,
or his or her designee, shall personally serve or send by certified
mail to the licensee's address of record with the board a written
decision. This decision shall be deemed the final administrative
decision concerning the letter of admonishment.
(E) Judicial review of the decision may be had by filing a
petition for a writ of mandate in accordance with the provisions of
Section 1094.5 of the Code of Civil Procedure within 30 days of the
date the decision was personally served or sent by certified mail.
The judicial review shall extend to the question of whether or not
there was a prejudicial abuse of discretion in the issuance of the
letter of admonishment.
(2) Comply with the letter of admonishment and submit a written
corrective action plan to the executive officer documenting
compliance. If an office conference is not requested pursuant to this
section, compliance with the letter of admonishment shall not
constitute an admission of the violation noted in the letter of
admonishment.
(d) The letter of admonishment shall be served upon the licensee
personally or by certified mail at the licensee's address of record
with the board. If the licensee is served by certified mail, service
shall be effective upon deposit in the United States mail.
(e) The licensee shall maintain and have readily available a copy
of the letter of admonishment and corrective action plan, if any, for
at least three years from the date of issuance of the letter of
admonishment.
(f) Nothing in this section shall in any way limit the board's
authority or ability to do either of the following:
(1) Issue a citation pursuant to Section 125.9, 148, or 4067 or
pursuant to Section 1775 of Title 16 of the California Code of
Regulations.
(2) Institute disciplinary proceedings pursuant to Article 19
(commencing with Section 4300).
SEC. 56. Section 4980.01 of the Business and Professions Code is
amended to read:
4980.01. (a) Nothing in this chapter shall be construed to
constrict, limit, or withdraw the Medical Practice Act, the Social
Work Licensing Law, the Nursing Practice Act, or the Psychology
Licensing Act.
(b) This chapter shall not apply to any priest, rabbi, or minister
of the gospel of any religious denomination when performing
counseling services as part of his or her pastoral or professional
duties, or to any person who is admitted to practice law in the
state, or who is licensed to practice medicine, when providing
counseling services as part of his or her professional practice.
(c) (1) This chapter shall not apply to an employee working in any
of the following settings if his or her work is performed solely
under the supervision of the employer:
(A) A governmental entity.
(B) A school, college, or university.
(C) An institution that is both nonprofit and charitable.
(2) This chapter shall not apply to a volunteer working in any of
the settings described in paragraph (1) if his or her work is
performed solely under the supervision of the entity, school, or
institution.
(d) A marriage and family therapist licensed under this chapter is
a licentiate for purposes of paragraph (2) of subdivision (a) of
Section 805, and thus is a health care practitioner subject to the
provisions of Section 2290.5 pursuant to subdivision (b) of that
section.
(e) Notwithstanding subdivisions (b) and (c), all persons
registered as interns or licensed under this chapter shall not be
exempt from this chapter or the jurisdiction of the board.
SEC. 57. Section 4980.38 of the Business and Professions Code is
amended to read:
4980.38. (a) Each educational institution preparing applicants to
qualify for licensure shall notify each of its students by means of
its public documents or otherwise in writing that its degree program
is designed to meet the requirements of Sections 4980.37 and 4980.40,
and shall certify to the board that it has so notified its students.
(b) In addition to all of the other requirements for licensure,
each applicant shall submit to the board a certification by the chief
academic officer, or his or her designee, of the applicant's
educational institution that the applicant has fulfilled the
requirements enumerated in Sections 4980.37 and 4980.40, and
subdivisions (d) and (e) of Section 4980.41.
SEC. 58. Section 4980.40 of the Business and Professions Code is
amended to read:
4980.40. To qualify for a license, an applicant shall have all
the following qualifications:
(a) Applicants shall possess a doctor's or master's degree in
marriage, family, and child counseling, marital and family therapy,
psychology, clinical psychology, counseling psychology, or counseling
with an emphasis in either marriage, family, and child counseling or
marriage and family therapy, obtained from a school, college, or
university accredited by the Western Association of Schools and
Colleges, or approved by the Bureau for Private Postsecondary and
Vocational Education. The board has the authority to make the final
determination as to whether a degree meets all requirements,
including, but not limited to, course requirements, regardless of
accreditation or approval. In order to qualify for licensure pursuant
to this subdivision, a doctor's or master's degree program shall be
a single, integrated program primarily designed to train marriage and
family therapists and shall contain no less than 48 semester or 72
quarter units of instruction. The instruction shall include no less
than 12 semester units or 18 quarter units of coursework in the areas
of marriage, family, and child counseling, and marital and family
systems approaches to treatment.
The coursework shall include all of the following areas:
(1) The salient theories of a variety of psychotherapeutic
orientations directly related to marriage and family therapy, and
marital and family systems approaches to treatment.
(2) Theories of marriage and family therapy and how they can be
utilized in order to intervene therapeutically with couples,
families, adults, children, and groups.
(3) Developmental issues and life events from infancy to old age
and their effect upon individuals, couples, and family relationships.
This may include coursework that focuses on specific family life
events and the psychological, psychotherapeutic, and health
implications that arise within couples and families, including, but
not limited to, childbirth, child rearing, childhood, adolescence,
adulthood, marriage, divorce, blended families, stepparenting, and
geropsychology.
(4) A variety of approaches to the treatment of children.
The board shall, by regulation, set forth the subjects of
instruction required in this subdivision.
(b) (1) In addition to the 12 semester or 18 quarter units of
coursework specified above, the doctor's or master's degree program
shall contain not less than six semester or nine quarter units of
supervised practicum in applied psychotherapeutic techniques,
assessment, diagnosis, prognosis, and treatment of premarital,
couple, family, and child relationships, including dysfunctions,
healthy functioning, health promotion, and illness prevention, in a
supervised clinical placement that provides supervised fieldwork
experience within the scope of practice of a marriage and family
therapist.
(2) For applicants who enrolled in a degree program on or after
January 1, 1995, the practicum shall include a minimum of 150 hours
of face-to-face experience counseling individuals, couples, families,
or groups.
(3) The practicum hours shall be considered as part of the 48
semester or 72 quarter unit requirement.
(c) As an alternative to meeting the qualifications specified in
subdivision (a), the board shall accept as equivalent degrees, those
master's or doctor's degrees granted by educational institutions
whose degree program is approved by the Commission on Accreditation
for Marriage and Family Therapy Education.
(d) All applicants shall, in addition, complete the coursework or
training specified in Section 4980.41.
(e) All applicants shall be at least 18 years of age.
(f) All applicants shall have at least two years of experience
that meet the requirements of Section 4980.43.
(g) The applicant shall pass a board administered written or oral
examination or both types of examinations, except that an applicant
who passed a written examination and who has not taken and passed an
oral examination shall instead be required to take and pass a
clinical vignette written examination.
(h) The applicant shall not have committed acts or crimes
constituting grounds for denial of licensure under Section 480. The
board shall not issue a registration or license to any person who has
been convicted of a crime in this or another state or in a territory
of the United States that involves sexual abuse of children or who
is required to register pursuant to Section 290 of the Penal Code or
the equivalent in another state or territory.
(i) An applicant for licensure trained in an educational
institution outside the United States shall demonstrate to the
satisfaction of the board that he or she possesses a qualifying
degree that is equivalent to a degree earned from a school, college,
or university accredited by the Western Association of Schools and
Colleges, or approved by the Bureau of Private Postsecondary and
Vocational Education. These applicants shall provide the board with a
comprehensive evaluation of the degree performed by a foreign
credential evaluation service that is a member of the National
Association of Credential Evaluation Services (NACES), and shall
provide any other documentation the board deems necessary.
SEC. 59. Section 4980.44 of the Business and Professions Code is
amended to read:
4980.44. An unlicensed marriage and family therapist intern
employed under this chapter shall comply with the following
requirements:
(a) Possess, at a minimum, a master's degree as specified in
Section 4980.40.
(b) Register with the board prior to performing any duties, except
as otherwise provided in subdivision (e) of Section 4980.43.
(c) Inform each client or patient prior to performing any
professional services that he or she is unlicensed and under the
supervision of a licensed marriage and family therapist, licensed
clinical social worker, licensed psychologist, or a licensed
physician and surgeon certified in psychiatry by the American Board
of Psychiatry and Neurology.
SEC. 60. Section 4980.54 of the Business and Professions Code is
amended to read:
4980.54. (a) The Legislature recognizes that the education and
experience requirements in this chapter constitute only minimal
requirements to assure that an applicant is prepared and qualified to
take the licensure examinations as specified in subdivision (g) of
Section 4980.40 and, if he or she passes those examinations, to begin
practice.
(b) In order to continuously improve the competence of licensed
marriage and family therapists and as a model for all
psychotherapeutic professions, the Legislature encourages all
licensees to regularly engage in continuing education related to the
profession or scope of practice as defined in this chapter.
(c) Except as provided in subdivision (e), the board shall not
renew any license pursuant to this chapter unless the applicant
certifies to the board, on a form prescribed by the board, that he or
she has completed not less than 36 hours of approved continuing
education in or relevant to the field of marriage and family therapy
in the preceding two years, as determined by the board.
(d) The board shall have the right to audit the records of any
applicant to verify the completion of the continuing education
requirement. Applicants shall maintain records of completion of
required continuing education coursework for a minimum of two years
and shall make these records available to the board for auditing
purposes upon request.
(e) The board may establish exceptions from the continuing
education requirements of this section for good cause, as defined by
the board.
(f) The continuing education shall be obtained from one of the
following sources:
(1) An accredited school or state-approved school that meets the
requirements set forth in Section 4980.40. Nothing in this paragraph
shall be construed as requiring coursework to be offered as part of a
regular degree program.
(2) Other continuing education providers, including, but not
limited to, a professional marriage and family therapist association,
a licensed health facility, a governmental entity, a continuing
education unit of an accredited four-year institution of higher
learning, or a mental health professional association, approved by
the board.
(g) The board shall establish, by regulation, a procedure for
approving providers of continuing education courses, and all
providers of continuing education, as described in paragraphs (1) and
(2) of subdivision (f), shall adhere to procedures established by
the board. The board may revoke or deny the right of a provider to
offer continuing education coursework pursuant to this section for
failure to comply with the requirements of this section or any
regulation adopted pursuant to this section.
(h) Training, education, and coursework by approved providers
shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the
understanding or the practice of marriage and family therapy.
(2) Aspects of the discipline of marriage and family therapy in
which significant recent developments have occurred.
(3) Aspects of other disciplines that enhance the understanding or
the practice of marriage and family therapy.
(i) A system of continuing education for licensed marriage and
family therapists shall include courses directly related to the
diagnosis, assessment, and treatment of the client population being
served.
(j) The board shall, by regulation, fund the administration of
this section through continuing education provider fees to be
deposited in the Behavioral Sciences Fund. The fees related to the
administration of this section shall be sufficient to meet, but shall
not exceed, the costs of administering the corresponding provisions
of this section. For purposes of this subdivision, a provider of
continuing education as described in paragraph (1) of subdivision (f)
shall be deemed to be an approved provider.
(k) The continuing education requirements of this section shall
comply fully with the guidelines for mandatory continuing education
established by the Department of Consumer Affairs pursuant to Section
166.
SEC. 61. Section 4980.57 of the Business and Professions Code is
amended to read:
4980.57. (a) The board shall require a licensee who began
graduate study prior to January 1, 2004, to take a continuing
education course during his or her first renewal period after the
operative date of this section in spousal or partner abuse
assessment, detection, and intervention strategies, including
community resources, cultural factors, and same gender abuse
dynamics. On and after January 1, 2005, the course shall consist of
not less than seven hours of training. Equivalent courses in spousal
or partner abuse assessment, detection, and intervention strategies
taken prior to the operative date of this section or proof of
equivalent teaching or practice experience may be submitted to the
board and at its discretion, may be accepted in satisfaction of this
requirement.
(b) Continuing education courses taken pursuant to this section
shall be applied to the 36 hours of approved continuing education
required under subdivision (c) of Section 4980.54.
SEC. 62. Section 4980.80 of the Business and Professions Code is
amended to read:
4980.80. The board may issue a license to a person who, at the
time of application, has held for at least two years a valid license
issued by a board of marriage counselor examiners, marriage therapist
examiners, or corresponding authority of any state, if the education
and supervised experience requirements are substantially the
equivalent of this chapter and the person successfully completes the
board administered licensing examinations as specified by subdivision
(g) of Section 4980.40 and pays the fees specified. Issuance of the
license is further conditioned upon the person's completion of the
following coursework or training:
(a) (1) An applicant who completed a two semester or three quarter
unit course in law and professional ethics for marriage, and family
therapists that included areas of study as specified in Section
4980.41 as part of his or her qualifying degree shall complete an
18-hour course in California law and professional ethics that
includes, but is not limited to, the following subjects: advertising,
scope of practice, scope of competence, treatment of minors,
confidentiality, dangerous patients, psychotherapist-patient
privilege, recordkeeping, patient access to records, requirements of
the Health Insurance Portability and Accountability Act of 1996, dual
relationships, child abuse, elder and dependent adult abuse, online
therapy, insurance reimbursement, civil liability, disciplinary
actions and unprofessional conduct, ethics complaints and ethical
standards, termination of therapy, standards of care, relevant family
law, and therapist disclosures to patients.
(2) An applicant who has not completed a two semester or three
quarter unit course in law and professional ethics for marriage and
family therapists that included areas of study as specified in
Section 4980.41 as part of his or her qualifying degree, shall
complete a two semester or three quarter unit course in California
law and professional ethics that includes, at minimum, the areas of
study specified in Section 4980.41.
(b) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28 and
any regulations promulgated thereunder.
(c) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25 and any regulations
promulgated thereunder.
(d) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency as specified by
regulation.
(e) (1) Instruction in spousal or partner abuse assessment,
detection, and intervention. This instruction may be taken either in
fulfillment of other requirements for licensure or in a separate
course.
(2) On and after January 1, 2004, a minimum of 15 contact hours of
coursework or training in spousal or partner abuse assessment,
detection, and intervention strategies.
(f) On and after January 1, 2003, a minimum of a two semester or
three quarter unit survey course in psychological testing. This
course may be taken either in fulfillment of other requirements for
licensure or in a separate course.
(g) On and after January 1, 2003, a minimum of a two semester or
three quarter unit survey course in psychopharmacology. This course
may be taken either in fulfillment of other requirements for
licensure or in a separate course.
(h) With respect to human sexuality, alcoholism and other chemical
substance dependency, spousal or partner abuse assessment,
detection, and intervention, psychological testing, and
psychopharmacology, the board may accept training or coursework
acquired out of state.
SEC. 63. Section 4980.90 of the Business and Professions Code is
amended to read:
4980.90. (a) Experience gained outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to that required by this chapter and if the applicant has
gained a minimum of 250 hours of supervised experience in direct
counseling within California while registered as an intern with the
board. The board shall consider hours of experience obtained in
another state during the six-year period immediately preceding the
applicant's initial licensure by that state as a marriage and family
therapist.
(b) Education gained while residing outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to the education requirements of this chapter, and if the
applicant has completed all of the following:
(1) A two semester or three quarter unit course in California law
and professional ethics for marriage, family, and child counselors
that shall include areas of study as specified in Section 4980.41.
(2) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28 and
any regulations promulgated thereunder.
(3) A minimum of 10 contact hours of training or coursework in
sexuality as specified in Section 25 and any regulations promulgated
thereunder.
(4) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency as specified by
regulation.
(5) (A) Instruction in spousal or partner abuse assessment,
detection, and intervention. This instruction may be taken either in
fulfillment of other educational requirements for licensure or in a
separate course.
(B) On and after January 1, 2004, a minimum of 15 contact hours of
coursework or training in spousal or partner abuse assessment,
detection, and intervention strategies.
(6) On and after January 1, 2003, a minimum of a two semester or
three quarter unit survey course in psychological testing. This
course may be taken either in fulfillment of other requirements for
licensure or in a separate course.
(7) On and after January 1, 2003, a minimum of a two semester or
three quarter unit survey course in psychopharmacology. This course
may be taken either in fulfillment of other requirements for
licensure or in a separate course.
(8) With respect to human sexuality, alcoholism and other chemical
substance dependency, spousal or partner abuse assessment,
detection, and intervention, psychological testing, and
psychopharmacology, the board may accept training or coursework
acquired out of state.
(c) For purposes of this section, the board may, in its
discretion, accept education as substantially equivalent if the
applicant meets both of the following requirements:
(1) The applicant has been granted a degree in a single integrated
program primarily designed to train marriage and family therapists.
(2) The applicant's education meets the requirements of Sections
4980.37 and 4980.40. The degree title need not be identical to those
required by subdivision (a) of Section 4980.40. If the applicant's
degree does not contain the content required by Section 4980.37 or
the overall number of units required by subdivision (a) of Section
4980.40, the board may, in its discretion, accept the applicant's
education as substantially equivalent if the following criteria are
satisfied:
(A) The applicant's degree contains the required number of
practicum units and coursework required in the areas of marriage,
family, and child counseling and marital and family systems
approaches to treatment as specified in Section 4980.40.
(B) The applicant remediates his or her specific deficiency by
completing the course content required by Section 4980.37 or the
units required by subdivision (a) of Section 4980.40.
(C) The applicant's degree otherwise complies with this section.
SEC. 64. 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.
SEC. 65. Section 4984.01 is added to the Business and Professions
Code, to read:
4984.01. (a) The marriage and family therapist intern
registration shall expire one year from the last day of the month in
which it was issued.
(b) To renew the registration, the registrant shall, on or before
the expiration date of the registration, complete all of the
following actions:
(1) Apply for renewal on a form prescribed by the board.
(2) Pay a renewal fee prescribed by the board.
(3) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, and whether any
disciplinary action has been taken against him or her by a regulatory
or licensing board in this or any other state subsequent to the last
renewal of the registration.
(c) The registration may be renewed a maximum of five times. No
registration shall be renewed or reinstated beyond six years from the
last day of the month during which it was issued, regardless of
whether it has been revoked. When no further renewals are possible,
an applicant may apply for and obtain a new intern registration if
the applicant meets the educational requirements for registration in
effect at the time of the application for a new intern registration.
An applicant who is issued a subsequent intern registration pursuant
to this subdivision may be employed or volunteer in any allowable
work setting except private practice.
SEC. 66. Section 4984.1 of the Business and Professions Code is
amended to read:
4984.1. A licensee may renew a license at any time within three
years after its expiration by completing all of the actions described
in subdivision (b) of Section 4984 and paying any delinquency fees.
SEC. 67. Section 4984.4 of the Business and Professions Code is
amended to read:
4984.4. A license that is not renewed within three years after
its expiration may not be renewed, restored, reinstated, or reissued;
however, the licensee may apply for and obtain a new license if the
following criteria are satisfied:
(a) No fact, circumstance, or condition exists that, if the
license were issued, would constitute grounds for its revocation or
suspension.
(b) He or she submits an application for examination eligibility
and the fee for that application.
(c) He or she takes and passes the current licensing examinations.
(d) He or she submits the fee for initial license issuance.
SEC. 68. Section 4984.7 of the Business and Professions Code is
repealed.
SEC. 69. Section 4984.7 is added to the Business and Professions
Code, to read:
4984.7. (a) The board shall assess the following fees relating to
the licensure of marriage and family therapists:
(1) The application fee for an intern registration shall be
seventy-five dollars ($75).
(2) The renewal fee for an intern registration shall be
seventy-five dollars ($75).
(3) The fee for the application for examination eligibility shall
be one hundred dollars ($100).
(4) The fee for the standard written examination shall be one
hundred dollars ($100). The fee for the clinical vignette examination
shall be one hundred dollars ($100).
(A) An applicant who fails to appear for an examination, after
having been scheduled to take the examination, shall forfeit the
examination fee.
(B) The amount of the examination fees shall be based on the
actual cost to the board of developing, purchasing, and grading each
examination and the actual cost to the board of administering each
examination. The examination fees shall be adjusted periodically by
regulation to reflect the actual costs incurred by the board.
(5) The fee for rescoring an examination shall be twenty dollars
($20).
(6) The fee for issuance of an initial license shall be a maximum
of one hundred eighty dollars ($180).
(7) The fee for license renewal shall be a maximum of one hundred
eighty dollars ($180).
(8) The fee for inactive license renewal shall be a maximum of
ninety dollars ($90).
(9) The renewal delinquency fee shall be a maximum of ninety
dollars ($90). A person who permits his or her license to expire is
subject to the delinquency fee.
(10) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
(11) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
(b) With regard to license, examination, and other fees, the board
shall establish fee amounts at or below the maximum amounts
specified in this chapter.
SEC. 70. Section 4984.72 is added to the Business and Professions
Code, to read:
4984.72. An applicant who fails a standard or clinical vignette
written examination may within one year from the notification date of
that failure, retake the examination as regularly scheduled without
further application upon payment of the fee for the examination.
Thereafter, the applicant shall not be eligible for further
examination until he or she files a new application, meets all
requirements in effect on the date of application, and pays all
required fees.
SEC. 71. Section 4984.8 of the Business and Professions Code is
repealed.
SEC. 72. Section 4984.8 is added to the Business and Professions
Code, to read:
4984.8. (a) A licensee may apply to the board to request that his
or her license be placed on inactive status.
(b) A licensee on inactive status shall be subject to this chapter
and shall not engage in the practice of marriage and family therapy
in this state.
(c) A licensee who holds an inactive license shall pay a biennial
fee in the amount of one-half of the standard renewal fee and shall
be exempt from continuing education requirements.
(d) A licensee on inactive status who has not committed an act or
crime constituting grounds for denial of licensure may, upon request,
restore his or her license to practice marriage and family therapy
to active status.
(1) A licensee requesting to restore his or her license to active
status between renewal cycles shall pay the remaining one-half of his
or her renewal fee.
(2) A licensee requesting to restore his or her license to active
status, whose license will expire less than one year from the date of
the request, shall complete 18 hours of continuing education as
specified in Section 4980.54.
(3) A licensee requesting to restore his or her license to active
status, whose license will expire more than one year form the date of
the request, shall complete 36 hours of continuing education as
specified in Section 4980.54.
SEC. 73. Section 4989.36 of the Business and Professions Code is
amended to read:
4989.36. A licensee may renew a license that has expired at any
time within three years after its expiration date by taking all of
the actions described in Section 4989.32 and by paying all unpaid
prior renewal fees and delinquency fees.
SEC. 74. Section 4989.42 of the Business and Professions Code is
amended to read:
4989.42. A license that is not renewed within three years after
its expiration may not be renewed, restored, reinstated, or reissued
thereafter. A licensee may apply for a new license if he or she
satisfies all of the following requirements:
(a) No fact, circumstance, or condition exists that, if the
license were issued, would constitute grounds for its revocation or
suspension.
(b) Payment of the fees that would be required if he or she were
applying for a license for the first time.
(c) Passage of the current licensure examination.
SEC. 75. 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.
SEC. 76. 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.
SEC. 77. Section 4992.10 is added to the Business and Professions
Code, to read:
4992.10. A licensed clinical social worker who conducts a private
practice under a fictitious business name shall not use a name that
is false, misleading, or deceptive, and shall inform the patient,
prior to the commencement of treatment, of the name and license
designation of the owner or owners of the practice.
SEC. 78. Section 4996.3 of the Business and Professions Code is
repealed.
SEC. 79. Section 4996.3 is added to the Business and Professions
Code, to read:
4996.3. (a) The board shall assess the following fees relating to
the licensure of clinical social workers:
(1) The application fee for registration as an associate clinical
social worker shall be seventy-five dollars ($75).
(2) The fee for renewal of an associate clinical social worker
registration shall be seventy-five dollars ($75).
(3) The fee for application for examination eligibility shall be
one hundred dollars ($100).
(4) The fee for the standard written examination shall be a
maximum of one hundred fifty dollars ($150). The fee for the clinical
vignette examination shall be one hundred dollars ($100).
(A) An applicant who fails to appear for an examination, after
having been scheduled to take the examination, shall forfeit the
examination fees.
(B) The amount of the examination fees shall be based on the
actual cost to the board of developing, purchasing, and grading each
examination and the actual cost to the board of administering each
examination. The written examination fees shall be adjusted
periodically by regulation to reflect the actual costs incurred by
the board.
(5) The fee for rescoring an examination shall be twenty dollars
($20).
(6) The fee for issuance of an initial license shall be a maximum
of one hundred fifty-five dollars ($155).
(7) The fee for license renewal shall be a maximum of one hundred
fifty-five dollars ($155).
(8) The fee for inactive license renewal shall be a maximum of
seventy-seven dollars and fifty cents ($77.50).
(9) The renewal delinquency fee shall be seventy-five dollars
($75). A person who permits his or her license to expire is subject
to the delinquency fee.
(10) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
(11) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
(b) With regard to license, examination, and other fees, the board
shall establish fee amounts at or below the maximum amounts
specified in this chapter.
SEC. 80. Section 4996.4 of the Business and Professions Code is
amended to read:
4996.4. An applicant who fails a standard or clinical vignette
written examination may within one year from the notification date of
failure, retake that examination as regularly scheduled, without
further application, upon payment of the required examination fees.
Thereafter, the applicant shall not be eligible for further
examination until he or she files a new application, meets all
current requirements, and pays all required fees.
SEC. 81. Section 4996.6 of the Business and Professions Code is
amended to read:
4996.6. (a) Licenses issued under this chapter shall expire no
more than 24 months after the issue date. The expiration date of the
original license shall be set by the board.
(b) To renew an unexpired license, the licensee shall, on or
before the expiration date of the license, complete the following
actions:
(1) Apply for a renewal on a form prescribed by the board.
(2) Pay a two-year renewal fee prescribed by the board.
(3) Certify compliance with the continuing education requirements
set forth in Section 4996.22.
(4) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, or whether any
disciplinary action has been taken by any regulatory or licensing
board in this or any other state, subsequent to the licensee's last
renewal.
(c) To renew an expired license within three years of its
expiration, the licensee shall, as a condition precedent to renewal,
complete all of the actions described in subdivision (b) and pay a
delinquency fee.
(d) A license that is not renewed within three years after its
expiration may not be renewed, restored, reinstated, or reissued
thereafter; however, the licensee may apply for and obtain a new
license if he or she satisfies all of the following requirements:
(1) No fact, circumstance, or condition exists that, if the
license were issued, would justify its revocation or suspension.
(2) He or she submits an application for examination eligibility.
(3) He or she takes and passes the current licensing examinations.
(4) He or she submits the fees for examination eligibility and for
initial license issuance.
SEC. 82. Section 4996.14 of the Business and Professions Code is
repealed.
SEC. 83. Section 4996.14 is added to the Business and Professions
Code, to read:
4996.14. (a) This chapter shall not apply to an employee who is
working in any of the following settings if his or her work is
performed solely under the supervision of the employer:
(1) A governmental entity.
(2) A school, college, or university.
(3) An institution that is both nonprofit and charitable.
(b) This chapter shall not apply to a volunteer who is working in
any of the settings described in subdivision (a) if his or her work
is performed solely under the supervision of the entity, school,
college, university, or institution.
(c) This chapter shall not apply to a person using hypnotic
techniques by referral from any of the following persons if his or
her practice is performed solely under the supervision of the
employer:
(1) A person licensed to practice medicine.
(2) A person licensed to practice dentistry.
(3) A person licensed to practice psychology.
(d) This chapter shall not apply to a person using hypnotic
techniques that offer vocational self-improvement, and the person is
not performing therapy for emotional or mental disorders.
SEC. 84. Section 4996.18 of the Business and Professions Code is
amended to read:
4996.18. (a) A person who wishes to be credited with experience
toward licensure requirements shall register with the board as an
associate clinical social worker prior to obtaining that experience.
The application shall be made on a form prescribed by the board.
(b) An applicant for registration shall satisfy the following
requirements:
(1) Possess a master's degree from an accredited school or
department of social work.
(2) Have committed no crimes or acts constituting grounds for
denial of licensure under Section 480.
(c) An applicant who possesses a master's degree from a school or
department of social work that is a candidate for accreditation by
the Commission on Accreditation of the Council on Social Work
Education shall be eligible, and shall be required, to register as an
associate clinical social worker in order to gain experience toward
licensure if the applicant has not committed any crimes or acts that
constitute grounds for denial of licensure under Section 480. That
applicant shall not, however, be eligible for examination until the
school or department of social work has received accreditation by the
Commission on Accreditation of the Council on Social Work Education.
(d) Any experience obtained under the supervision of a spouse or
relative by blood or marriage shall not be credited toward the
required hours of supervised experience. Any experience obtained
under the supervision of a supervisor with whom the applicant has a
personal relationship that undermines the authority or effectiveness
of the supervision shall not be credited toward the required hours of
supervised experience.
(e) An applicant who possesses a master's degree from an
accredited school or department of social work shall be able to apply
experience the applicant obtained during the time the accredited
school or department was in candidacy status by the Commission on
Accreditation of the Council on Social Work Education toward the
licensure requirements, if the experience meets the requirements of
Section 4996.20, 4996.21, or 4996.23. This subdivision shall apply
retroactively to persons who possess a master's degree from an
accredited school or department of social work and who obtained
experience during the time the accredited school or department was in
candidacy status by the Commission on Accreditation of the Council
on Social Work Education.
(f) An applicant for registration or licensure trained in an
educational institution outside the United States shall demonstrate
to the satisfaction of the board that he or she possesses a master's
of social work degree that is equivalent to a master's degree issued
from a school or department of social work that is accredited by the
Commission on Accreditation of the Council on Social Work Education.
These applicants shall provide the board with a comprehensive
evaluation of the degree and shall provide any other documentation
the board deems necessary. The board has the authority to make the
final determination as to whether a degree meets all requirements,
including, but not limited to, course requirements regardless of
evaluation or accreditation.
(g) A registrant shall not provide clinical social work services
to the public for a fee, monetary or otherwise, except as an
employee.
(h) A registrant shall inform each client or patient prior to
performing any professional services that he or she is unlicensed and
is under the supervision of a licensed professional.
SEC. 85. Section 4996.22 of the Business and Professions Code is
amended to read:
4996.22. (a) (1) Except as provided in subdivision (c), the board
shall not renew any license pursuant to this chapter unless the
applicant certifies to the board, on a form prescribed by the board,
that he or she has completed not less than 36 hours of approved
continuing education in or relevant to the field of social work in
the preceding two years, as determined by the board.
(2) The board shall not renew any license of an applicant who
began graduate study prior to January 1, 2004, pursuant to this
chapter unless the applicant certifies to the board that during the
applicant's first renewal period after the operative date of this
section, he or she completed a continuing education course in spousal
or partner abuse assessment, detection, and intervention strategies,
including community resources, cultural factors, and same gender
abuse dynamics. On and after January 1, 2005, the course shall
consist of not less than seven hours of training. Equivalent courses
in spousal or partner abuse assessment, detection, and intervention
strategies taken prior to the operative date of this section or proof
of equivalent teaching or practice experience may be submitted to
the board and at its discretion, may be accepted in satisfaction of
this requirement. Continuing education courses taken pursuant to this
paragraph shall be applied to the 36 hours of approved continuing
education required under paragraph (1).
(b) The board shall have the right to audit the records of any
applicant to verify the completion of the continuing education
requirement. Applicants shall maintain records of completion of
required continuing education coursework for a minimum of two years
and shall make these records available to the board for auditing
purposes upon request.
(c) The board may establish exceptions from the continuing
education requirement of this section for good cause as defined by
the board.
(d) The continuing education shall be obtained from one of the
following sources:
(1) An accredited school of social work, as defined in Section
4991.2, or a school or department of social work that is a candidate
for accreditation by the Commission on Accreditation of the Council
on Social Work Education. Nothing in this paragraph shall be
construed as requiring coursework to be offered as part of a regular
degree program.
(2) Other continuing education providers, including, but not
limited to, a professional social work association, a licensed health
facility, a governmental entity, a continuing education unit of an
accredited four-year institution of higher learning, and a mental
health professional association, approved by the board.
(e) The board shall establish, by regulation, a procedure for
approving providers of continuing education courses, and all
providers of continuing education, as described in paragraphs (1) and
(2) of subdivision (d), shall adhere to the procedures established
by the board. The board may revoke or deny the right of a provider to
offer continuing education coursework pursuant to this section for
failure to comply with the requirements of this section or any
regulation adopted pursuant to this section.
(f) Training, education, and coursework by approved providers
shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the
understanding, or the practice, of social work.
(2) Aspects of the social work discipline in which significant
recent developments have occurred.
(3) Aspects of other related disciplines that enhance the
understanding, or the practice, of social work.
(g) A system of continuing education for licensed clinical social
workers shall include courses directly related to the diagnosis,
assessment, and treatment of the client population being served.
(h) The continuing education requirements of this section shall
comply fully with the guidelines for mandatory continuing education
established by the Department of Consumer Affairs pursuant to Section
166.
(i) The board may adopt regulations as necessary to implement this
section.
(j) The board shall, by regulation, fund the administration of
this section through continuing education provider fees to be
deposited in the Behavioral Science Examiners Fund. The fees related
to the administration of this section shall be sufficient to meet,
but shall not exceed, the costs of administering the corresponding
provisions of this section. For purposes of this subdivision, a
provider of continuing education as described in paragraph (1) of
subdivision (d) shall be deemed to be an approved provider.
SEC. 86. Section 4996.28 is added to the Business and Professions
Code, to read:
4996.28. (a) Registration as an associate clinical social worker
shall expire one year from the last day of the month during which it
was issued. To renew a registration, the registrant shall, on or
before the expiration date of the registration, complete all of the
following actions:
(1) Apply for renewal on a form prescribed by the board.
(2) Pay a renewal fee prescribed by the board.
(3) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, and whether any
disciplinary action has been taken by a regulatory or licensing board
in this or any other state, subsequent to the last renewal of the
registration.
(b) A registration as an associate clinical social worker may be
renewed a maximum of five times. When no further renewals are
possible, an applicant may apply for and obtain a new associate
clinical social worker registration if the applicant meets all
requirements for registration in effect at the time of his or her
application for a new associate clinical social worker registration.
SEC. 87. Section 4997 of the Business and Professions Code is
repealed.
SEC. 88. Section 4997 is added to the Business and Professions
Code, to read:
4997. (a) A licensee may apply to the board to request that his
or her license be placed on inactive status.
(b) A licensee on inactive status shall be subject to this chapter
and shall not engage in the practice of clinical social work in this
state.
(c) A licensee who holds an inactive license shall pay a biennial
fee in the amount of one-half of the standard renewal fee and shall
be exempt from continuing education requirements.
(d) A licensee on inactive status who has not committed an act or
crime constituting grounds for denial of licensure may, upon request,
restore his or her license to practice clinical social work to
active status.
(1) A licensee requesting his or her license be restored to active
status between renewal cycles shall pay the remaining one-half of
his or her renewal fee.
(2) A licensee requesting to restore his or her license to active
status whose license will expire less than one year from the date of
the request shall complete 18 hours of continuing education as
specified in Section 4996.22.
(3) A licensee requesting to restore his or her license to active
status whose license will expire more than one year from the date of
the request shall complete 36 hours of continuing education as
specified in Section 4996.22.
SEC. 89. Section 11372 of the Government Code is amended to read:
11372. (a) Except as provided in subdivision (b), all
adjudicative hearings and proceedings relating to the discipline or
reinstatement of licensees of the Medical Board of California,
including licensees of affiliated health agencies within the
jurisdiction of the Medical Board of California, that are heard
pursuant to the Administrative Procedure Act, shall be conducted by
an administrative law judge as designated in Section 11371, sitting
alone if the case is so assigned by the agency filing the charging
pleading.
(b) Proceedings relating to interim orders shall be heard in
accordance with Section 11529.
SEC. 90. 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, 2008, and, as
of January 1, 2009, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2009, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 90.5. 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. 91. 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, 2008.
SEC. 91.5. 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. 92. 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, 2008, and, as
of January 1, 2009, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2009, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 92.5. 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. 93. 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, 2008.
SEC. 93.5. 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. 94. Section 5.5 of this bill incorporates amendments to
Section 1725 of the Business and Professions Code proposed by both
this bill and SB 534. 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 1725 of the Business and Professions
Code, and (3) this bill is enacted after SB 534, in which case
Section 5 of this bill shall not become operative.
SEC. 95. Section 11.5 of this bill incorporates amendments to
Section 1750.4 of the Business and Professions Code proposed by both
this bill and SB 534. 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 1750.4 of the Business and Professions
Code, and (3) this bill is enacted after SB 534, in which case
Section 11 of this bill shall not become operative.
SEC. 96. (a) Section 12.5 of this bill incorporates amendments to
Section 1751 of the Business and Professions Code proposed by both
this bill and SB 534. It shall become operative if (1) both bills are
enacted and become effective on or before January 1, 2008, (2) each
bill amends Section 1751 of the Business and Professions Code, (3)
and this bill is enacted after SB 534, in which case Section 12 of
this bill shall not become operative.
(b) Section 13.2 of this bill incorporates amendments to Section
1751 of the Business and Professions Code proposed by both this bill
and SB 534. 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 1751 of the Business and Professions Code, (3) SB
963 is not enacted or as enacted does not amend that section, and
(4) this bill is enacted after SB 534 in which case Sections 13,
13.4, and 13.6 of this bill shall not become operative.
(c) Section 13.4 of this bill incorporates amendments to Section
1751 of the Business and Professions Code proposed by both this bill
and SB 963. 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 1751 of the Business and Professions Code, and
(3) SB 534 is not enacted or as enacted does not amend that section,
and (4) this bill is enacted after SB 963, in which case Sections 13,
13.2, and 13.6 of this bill shall not become operative.
(d) Section 13.6 of this bill incorporates amendments to Section
1751 of the Business and Professions Code proposed by this bill, SB
963, and SB 534. It shall only become operative if (1) all three
bills are enacted and become effective on or before January 1, 2008,
(2) all three bills amend Section 1751 of the Business and
Professions Code, and (3) this bill is enacted after SB 963 and SB
534, in which case Sections 13, 13.2, and 13.4 of this bill shall not
become operative.
SEC. 97. Section 20.5 of this bill incorporates amendments to
Section 1753 of the Business and Professions Code proposed by both
this bill and SB 534. 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 1753 of the Business and Professions
Code, and (3) this bill is enacted after SB 534, in which case
Section 20 of this bill shall not become operative.
SEC. 98. Sections 25.5 and 26.5 of this bill incorporate
amendments to Section 1770 of the Business and Professions Code
proposed by both this bill and SB 534. 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 1770 of the
Business and Professions Code, and (3) this bill is enacted after SB
534, in which case Sections 25 and 26 of this bill shall not become
operative.
SEC. 99. Section 30.5 of this bill incorporates amendments to
Section 2335 of the Business and Professions Code proposed by both
this bill and AB 253. 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 2335 of the Business and Professions
Code, and (3) this bill is enacted after AB 253, in which case
Section 30 of this bill shall not become operative.
SEC. 100. Section 51.5 of this bill incorporates amendments to
Section 4200.1 of the Business and Professions Code proposed by both
this bill and SB 963. 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 4200.1 of the Business and Professions
Code, and (3) this bill is enacted after SB 963, in which case
Section 51 of this bill shall not become operative.
SEC. 101. Sections 90.5 and 91.5 of this bill incorporate
amendments to Section 12529 of the Government Code proposed by both
this bill and SB 797. 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 797, in which case Sections 90 and 91
of this bill shall not become operative.
SEC. 102. Sections 92.5 and 93.5 of this bill incorporate
amendments to Section 12529.5 of the Government Code proposed by both
this bill and SB 797. 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 797, in which case Sections 92 and 93
of this bill shall not become operative.
SEC. 103. 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.