BILL NUMBER: ABX4 20 CHAPTERED
BILL TEXT
CHAPTER 18
FILED WITH SECRETARY OF STATE JULY 28, 2009
APPROVED BY GOVERNOR JULY 28, 2009
PASSED THE SENATE JULY 23, 2009
PASSED THE ASSEMBLY JULY 23, 2009
AMENDED IN SENATE JULY 23, 2009
INTRODUCED BY Assembly Members Audra Strickland and Huber
JULY 2, 2009
An act to amend Sections 101, 130, 149, 205, 3612, 3613, 3620,
3622, 3623, 3624, 3624.5, 3626, 3627, 3628, 3630, 3631, 3633, 3633.1,
3634, 3635, 3636, 3640, 3640.1, 3640.5, 3650, 3651, 3651.5, 3652,
3663, 3670, 3675, 3680, 3681, 3685, 3716, 7801, 7810.1, 7820, 7830.1,
8501, 8502, 8505.17, 8520, 8674, 8676, 9801, 9810, 9810.1, 9872,
19004, 19004.1, 19030, 19031, and 19174 of, to add Sections 3621,
3621.5, and 8520.2 to, to add and repeal Section 2450.3 of, and to
repeal Sections 3625, 7810, 7811, 7815, 7815.5, 7816, and 7817 of,
the Business and Professions Code, to add Section 11451.5 to the Food
and Agricultural Code, to amend and repeal Section 44021 of the
Health and Safety Code, to amend Section 677 of the Public Resources
Code, and to amend an initiative act entitled "An act to establish a
board of osteopathic examiners, provide for their appointment, and to
prescribe their powers and duties; to regulate the examination of
applicants, who are graduates of osteopathic schools, for any form of
certificate to treat disease, injuries, deformities, or other
physical or mental conditions; to regulate the practice of those so
licensed, who are graduates of osteopathic schools; to impose upon
said board of osteopathic examiners all duties and functions,
relating to graduates of osteopathic schools, holding or applying for
any form of certificate or license, heretofore exercised and
performed by the board of medical examiners of the State of
California under the provisions of the state medical practice act,
approved June 2, 1913, and acts amendatory thereof" approved by
electors November 7, 1922, by amending, repealing, and adding Section
1 thereof, relating to consumer affairs.
LEGISLATIVE COUNSEL'S DIGEST
AB 20, Audra Strickland. Consumer affairs: regulatory boards:
operations: reorganization.
(1) Existing law, the Osteopathic Act, an initiative act approved
by electors on November 7, 1992, requires the Governor to appoint 7
members to the Board of Osteopathic Examiners.
This bill would require the Governor to appoint 2 additional
members to the board who must be naturopathic doctors, as specified,
and would make other related changes.
Existing law, the Naturopathic Doctors Act, provides for the
licensure and regulation of naturopathic doctors by the Bureau of
Naturopathic Medicine in the Department of Consumer Affairs. Existing
law makes the act inoperative on July 1, 2010, and repealed on
January 1, 2011.
This bill would abolish the Bureau of Naturopathic Medicine and
create the Naturopathic Medicine Committee within the Osteopathic
Medical Board of California to administer the act. The bill would
provide that the committee shall consist of 9 members, as provided,
and meet at least 2 times each calendar year. The bill would make
other conforming changes and would provide that these provisions are
to remain in effect until January 1, 2013.
(2) Existing law provides for the licensure and regulation of
structural pest control operators by the Structural Pest Control
Board within the Department of Consumer Affairs.
This bill would transfer the Structural Pest Control Board from
the jurisdiction of the Department of Consumer Affairs to the
jurisdiction of the Department of Pesticide Regulation.
(3) Existing law provides for the licensure and regulation of
electronic and appliance repair dealers by the Bureau of Electronic
and Appliance Repair within the Department of Consumer Affairs.
Existing law also provides for the licensure and regulation of
persons engaged in various businesses associated with home
furnishings, by the Bureau of Home Furnishings and Thermal Insulation
within the Department of Consumer Affairs.
This bill would create one bureau, the Bureau of Electronic and
Appliance Repair, Home Furnishings, and Thermal Insulation to
administer these provisions.
(4) Existing law provides for the licensure and regulation of
professional engineers and land surveyors by the Board for
Professional Engineers and Land Surveyors.
The Geologists and Geophysicists Act establishes the Board for
Geologists and Geophysicists in the Department of Consumer Affairs
until January 1, 2011, and requires the Board for Geologists and
Geophysicists to administer the act.
This bill would abolish the Board for Geologists and Geophysicists
and instead require the Board for Professional Engineers and Land
Surveyors to administer the act. The bill would make conforming
changes and would require the Board for Professional Engineers and
Land Surveyors to receive 2 personnel-years that were previously
allocated to the Board for Geologists and Geophysicists for the
performance of responsibilities under the act.
(5) Existing law establishes the Inspection and Maintenance Review
Committee to analyze the effect of the improved inspection and
maintenance program on motor vehicle emissions and air quality, as
specified. Existing law requires the review committee to submit
periodic written reports to the Legislature and the Governor on the
performance of the program, including quantification of the reduction
in emissions and improvement in air quality attributed to the
program, and make recommendations on program improvements at least
every 12 months.
This bill would provide that these provisions are to remain in
effect until January 1, 2012.
(6) The California Constitution authorizes the Governor to declare
a fiscal emergency and to call the Legislature into special session
for that purpose. The Governor issued a proclamation declaring a
fiscal emergency, and calling a special session for this purpose, on
July 1, 2009.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on July 1, 2009,
pursuant to the California Constitution.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 101 of the Business and Professions Code, as
amended by Section 1 of Chapter 31 of the Statutes of 2008, is
amended to read:
101. The department is comprised of:
(a) The Dental Board of California.
(b) The Medical Board of California.
(c) The State Board of Optometry.
(d) The California State Board of Pharmacy.
(e) The Veterinary Medical Board.
(f) The California Board of Accountancy.
(g) The California Architects Board.
(h) The Bureau of Barbering and Cosmetology.
(i) The Board for Professional Engineers and Land Surveyors.
(j) The Contractors' State License Board.
(k) The Bureau for Private Postsecondary and Vocational Education.
(l) The Bureau of Electronic and Appliance Repair, Home
Furnishings, and Thermal Insulation.
(m) The Board of Registered Nursing.
(n) The Board of Behavioral Sciences.
(o) The State Athletic Commission.
(p) The Cemetery and Funeral Bureau.
(q) The State Board of Guide Dogs for the Blind.
(r) The Bureau of Security and Investigative Services.
(s) The Court Reporters Board of California.
(t) The Board of Vocational Nursing and Psychiatric Technicians.
(u) The Landscape Architects Technical Committee.
(v) The Division of Investigation.
(w) The Bureau of Automotive Repair.
(x) The Respiratory Care Board of California.
(y) The Acupuncture Board.
(z) The Board of Psychology.
(aa) The California Board of Podiatric Medicine.
(ab) The Physical Therapy Board of California.
(ac) The Arbitration Review Program.
(ad) The Hearing Aid Dispensers Bureau.
(ae) The Physician Assistant Committee.
(af) The Speech-Language Pathology and Audiology Board.
(ag) The California Board of Occupational Therapy.
(ah) The Osteopathic Medical Board of California.
(ai) The Naturopathic Medicine Committee.
(aj) The Dental Hygiene Committee of California.
(ak) Any other boards, offices, or officers subject to its
jurisdiction by law.
SEC. 2. Section 130 of the Business and Professions Code is
amended to read:
130. (a) Notwithstanding any other provision of law, the term of
office of any member of an agency designated in subdivision (b) shall
be for a term of four years expiring on June 1.
(b) Subdivision (a) applies to the following boards or committees:
(1) The Medical Board of California.
(2) The California Board of Podiatric Medicine.
(3) The Physical Therapy Board of California.
(4) The Board of Registered Nursing.
(5) The Board of Vocational Nursing and Psychiatric Technicians.
(6) The State Board of Optometry.
(7) The California State Board of Pharmacy.
(8) The Veterinary Medical Board.
(9) The California Architects Board.
(10) The Landscape Architect Technical Committee.
(11) The Board for Professional Engineers and Land Surveyors.
(12) The Contractors' State License Board.
(13) The State Board of Guide Dogs for the Blind.
(14) The Board of Behavioral Sciences.
(15) The Court Reporters Board of California.
(16) The State Athletic Commission.
(17) The Osteopathic Medical Board of California.
(18) The Respiratory Care Board of California.
(19) The Acupuncture Board.
(20) The Board of Psychology.
SEC. 3. Section 149 of the Business and Professions Code is
amended to read:
149. (a) If, upon investigation, an agency designated in
subdivision (e) has probable cause to believe that a person is
advertising in a telephone directory with respect to the offering or
performance of services, without being properly licensed by or
registered with the agency to offer or perform those services, the
agency may issue a citation under Section 148 containing an order of
correction that requires the violator to do both of the following:
(1) Cease the unlawful advertising.
(2) Notify the telephone company furnishing services to the
violator to disconnect the telephone service furnished to any
telephone number contained in the unlawful advertising.
(b) This action is stayed if the person to whom a citation is
issued under subdivision (a) notifies the agency in writing that he
or she intends to contest the citation. The agency shall afford an
opportunity for a hearing, as specified in Section 125.9.
(c) If the person to whom a citation and order of correction is
issued under subdivision (a) fails to comply with the order of
correction after that order is final, the agency shall inform the
Public Utilities Commission of the violation and the Public Utilities
Commission shall require the telephone corporation furnishing
services to that person to disconnect the telephone service furnished
to any telephone number contained in the unlawful advertising.
(d) The good faith compliance by a telephone corporation with an
order of the Public Utilities Commission to terminate service issued
pursuant to this section shall constitute a complete defense to any
civil or criminal action brought against the telephone corporation
arising from the termination of service.
(e) Subdivision (a) shall apply to the following boards, bureaus,
committees, commissions, or programs:
(1) The Bureau of Barbering and Cosmetology.
(2) The Cemetery and Funeral Bureau.
(3) The Veterinary Medical Board.
(4) The Hearing Aid Dispensers Advisory Committee.
(5) The Landscape Architects Technical Committee.
(6) The California Board of Podiatric Medicine.
(7) The Respiratory Care Board of California.
(8) The Bureau of Electronic and Appliance Repair, Home
Furnishings, and Thermal Insulation.
(9) The Bureau of Security and Investigative Services.
(10) The Bureau of Automotive Repair.
(11) The California Architects Board.
(12) The Speech-Language Pathology and Audiology Board.
(13) The Board for Professional Engineers and Land Surveyors.
(14) The Board of Behavioral Sciences.
(15) The Structural Pest Control Board within the Department of
Pesticide Regulation.
(16) The Acupuncture Board.
(17) The Board of Psychology.
(18) The California Board of Accountancy.
(19) The Naturopathic Medicine Committee.
SEC. 4. Section 205 of the Business and Professions Code, as
amended by Section 2 of Chapter 31 of the Statutes of 2008, is
amended to read:
205. (a) There is in the State Treasury the Professions and
Vocations Fund. The fund shall consist of the following special
funds:
(1) Accountancy Fund.
(2) California Architects Board Fund.
(3) Athletic Commission Fund.
(4) Barbering and Cosmetology Contingent Fund.
(5) Cemetery Fund.
(6) Contractors' License Fund.
(7) State Dentistry Fund.
(8) State Funeral Directors and Embalmers Fund.
(9) Guide Dogs for the Blind Fund.
(10) Home Furnishings and Thermal Insulation Fund.
(11) California Architects Board-Landscape Architects Fund.
(12) Contingent Fund of the Medical Board of California.
(13) Optometry Fund.
(14) Pharmacy Board Contingent Fund.
(15) Physical Therapy Fund.
(16) Private Investigator Fund.
(17) Professional Engineers' and Land Surveyors' Fund.
(18) Consumer Affairs Fund.
(19) Behavioral Sciences Fund.
(20) Licensed Midwifery Fund.
(21) Court Reporters' Fund.
(22) Veterinary Medical Board Contingent Fund.
(23) Vocational Nurses Account of the Vocational Nursing and
Psychiatric Technicians Fund.
(24) Electronic and Appliance Repair Fund.
(25) Geology and Geophysics Fund.
(26) Dispensing Opticians Fund.
(27) Acupuncture Fund.
(28) Hearing Aid Dispensers Fund.
(29) Physician Assistant Fund.
(30) Board of Podiatric Medicine Fund.
(31) Psychology Fund.
(32) Respiratory Care Fund.
(33) Speech-Language Pathology and Audiology Fund.
(34) Board of Registered Nursing Fund.
(35) Psychiatric Technician Examiners Account of the Vocational
Nursing and Psychiatric Technicians Fund.
(36) Animal Health Technician Examining Committee Fund.
(37) State Dental Hygiene Fund.
(38) State Dental Assistant Fund.
(b) For accounting and recordkeeping purposes, the Professions and
Vocations Fund shall be deemed to be a single special fund, and each
of the several special funds therein shall constitute and be deemed
to be a separate account in the Professions and Vocations Fund. Each
account or fund shall be available for expenditure only for the
purposes as are now or may hereafter be provided by law.
SEC. 5. Section 2450.3 is added to the Business and Professions
Code, to read:
2450.3. There is within the jurisdiction of the Osteopathic
Medical Board of California a Naturopathic Medicine Committee
authorized under the Naturopathic Doctors Act (Chapter 8.2
(commencing with Section 3610)). This section shall become
inoperative on January 1, 2013, and, as of that date is repealed,
unless a later enacted statute that is enacted before January 1,
2013, deletes or extends that date. The repeal of this section
renders the Naturopathic Medicine Committee subject to the review
required by Division 1.2 (commencing with Section 473).
SEC. 6. Section 3612 of the Business and Professions Code is
amended to read:
3612. The Naturopathic Medicine Committee is hereby created
within the Osteopathic Medical Board of California.
SEC. 7. Section 3613 of the Business and Professions Code is
amended to read:
3613. The following definitions apply for the purposes of this
chapter:
(a) "Committee" means the Naturopathic Medicine Committee within
the Osteopathic Medical Board of California. Any reference in any law
or regulation to the Bureau of Naturopathic Medicine shall be deemed
to refer to the Naturopathic Medicine Committee within the
Osteopathic Medical Board of California.
(b) "Naturopathic childbirth attendance" means the specialty
practice of natural childbirth by a naturopathic doctor that includes
the management of normal pregnancy, normal labor and delivery, and
the normal postpartum period, including normal newborn care.
(c) "Naturopathic medicine" means a distinct and comprehensive
system of primary health care practiced by a naturopathic doctor for
the diagnosis, treatment, and prevention of human health conditions,
injuries, and disease.
(d) "Naturopathic doctor" means a person who holds an active
license issued pursuant to this chapter.
(e) "Naturopathy" means a noninvasive system of health practice
that employs natural health modalities, substances, and education to
promote health.
(f) "Drug" means any substance defined as a drug by Section 11014
of the Health and Safety Code.
SEC. 8. Section 3620 of the Business and Professions Code is
amended to read:
3620. The committee shall enforce and administer the provisions
of this chapter.
SEC. 9. Section 3621 is added to the Business and Professions
Code, to read:
3621. (a) The committee shall consist of nine members appointed
by the Governor. Members of the committee shall include three members
who are California licensed naturopathic doctors, or have met the
requirements for licensure pursuant to this chapter, three members
who are California licensed physicians and surgeons, and three public
members.
(b) A member of the committee shall be appointed for a four-year
term. A person shall not serve as a member of the committee for more
than two consecutive terms. A member shall hold office until the
appointment and qualification of his or her successor, or until one
year from the expiration of the term for which the member was
appointed, whichever first occurs. Vacancies shall be filled by
appointment for unexpired terms.
(c) (1) A public member of the committee shall be a citizen of
this state for at least five years preceding his or her appointment.
(2) A person shall not be appointed as a public member if the
person or the person's immediate family in any manner owns an
interest in a college, school, or institution engaged in naturopathic
education, or the person or the person's immediate family has an
economic interest in naturopathy or has any other conflict of
interest. "Immediate family" means the public member's spouse,
parents, children, or his or her children's spouses.
(d) Each member of the committee shall receive a per diem and
expenses as provided in Section 103.
(e) The committee, with the approval of the Osteopathic Medical
Board of California, may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the committee
and vested in him or her by this chapter.
SEC. 10. Section 3621.5 is added to the Business and Professions
Code, to read:
3621.5. The committee shall meet at least two times each calendar
year and shall conduct additional meetings in appropriate locations
that are necessary to transact its business.
SEC. 11. Section 3622 of the Business and Professions Code is
amended to read:
3622. (a) The committee shall adopt regulations in order to carry
out the purposes of this chapter.
(b) Unless contrary to the provisions of this chapter, regulations
adopted by the Bureau of Naturopathic Medicine shall continue to
apply to the committee and its licensees.
SEC. 12. Section 3623 of the Business and Professions Code is
amended to read:
3623. (a) The committee shall approve a naturopathic medical
education program accredited by the Council on Naturopathic Medical
Education or an equivalent federally recognized accrediting body for
the naturopathic medical profession that has the following minimum
requirements:
(1) Admission requirements that include a minimum of
three-quarters of the credits required for a bachelor's degree from a
regionally accredited or preaccredited college or university or the
equivalency, as determined by the council.
(2) Program requirements for its degree or diploma of a minimum of
4,100 total hours in basic and clinical sciences, naturopathic
philosophy, naturopathic modalities, and naturopathic medicine. Of
the total requisite hours, not less than 2,500 hours shall consist of
academic instruction, and not less than 1,200 hours shall consist of
supervised clinical training approved by the naturopathic medical
school.
(b) A naturopathic medical education program in the United States
shall offer graduate-level full-time studies and training leading to
the degree of Doctor of Naturopathy or Doctor of Naturopathic
Medicine. The program shall be an institution, or part of an
institution of, higher education that is either accredited or is a
candidate for accreditation by a regional institutional accrediting
agency recognized by the United States Secretary of Education and the
Council on Naturopathic Medical Education, or an equivalent
federally recognized accrediting body for naturopathic doctor
education.
(c) To qualify as an approved naturopathic medical school, a
naturopathic medical program located in Canada or the United States
shall offer a full-time, doctoral-level, naturopathic medical
education program with its graduates being eligible to apply to the
committee for licensure and to the North American Board of
Naturopathic Examiners that administers the naturopathic licensing
examination.
SEC. 13. Section 3624 of the Business and Professions Code is
amended to read:
3624. (a) The committee may grant a certificate of registration
to practice naturopathic medicine to a person who does not hold a
naturopathic doctor's license under this chapter and is offered a
faculty position by the dean of a naturopathic medical education
program approved by the committee, if all of the following
requirements are met to the satisfaction of the committee:
(1) The applicant furnishes documentary evidence that he or she is
a United States citizen or is legally admitted to the United States.
(2) The applicant submits an application on a form prescribed by
the committee.
(3) The dean of the naturopathic medical education program
demonstrates that the applicant has the requisite qualifications to
assume the position to which he or she is to be appointed.
(4) The dean of the naturopathic medical education program
certifies in writing to the committee that the applicant will be
under his or her direction and will not be permitted to practice
naturopathic medicine unless incident to and a necessary part of the
applicant's duties as approved by the committee.
(b) The holder of a certificate of registration issued under this
section shall not receive compensation for or practice naturopathic
medicine unless it is incidental to and a necessary part of the
applicant's duties in connection with the holder's faculty position.
(c) A certificate of registration issued under this section is
valid for two years.
SEC. 14. Section 3624.5 of the Business and Professions Code is
amended to read:
3624.5. (a) This chapter does not apply to a practitioner
licensed as a naturopathic doctor in another state or country who
meets both of the following requirements:
(1) The practitioner is in consultation with a licensed
practitioner of this state, or is an invited guest of any of the
following for the purpose of professional education through lectures,
clinics, or demonstrations:
(A) The California Medical Association.
(B) The Osteopathic Physicians and Surgeons of California.
(C) The California Podiatric Medical Association.
(D) The California Naturopathic Doctors Association.
(E) A component county society of subparagraph (A), (B), (C), or
(D).
(2) The practitioner does not open an office, appoint a place to
meet patients, receive calls from patients, give orders, or have
ultimate authority over the care or primary diagnosis of a patient.
SEC. 15. Section 3625 of the Business and Professions Code is
repealed.
SEC. 16. Section 3626 of the Business and Professions Code is
amended to read:
3626. The Osteopathic Medical Board of California may employ
other officers and employees as necessary to discharge the duties of
the committee.
SEC. 17. Section 3627 of the Business and Professions Code is
amended to read:
3627. (a) The committee shall establish a naturopathic formulary
advisory subcommittee to determine a naturopathic formulary based
upon a review of naturopathic medical education and training.
(b) The naturopathic formulary advisory subcommittee shall be
composed of an equal number of representatives from the clinical and
academic settings of physicians and surgeons, pharmacists, and
naturopathic doctors.
(c) The naturopathic formulary advisory subcommittee shall review
naturopathic education, training, and practice and make specific
recommendations regarding the prescribing, ordering, and furnishing
authority of a naturopathic doctor and the required supervision and
protocols for those functions.
(d) The committee shall make recommendations to the Legislature
not later than January 1, 2007, regarding the prescribing and
furnishing authority of a naturopathic doctor and the required
supervision and protocols, including those for the utilization of
intravenous and ocular routes of prescription drug administration.
The naturopathic formulary advisory subcommittee and the committee
shall consult with physicians and surgeons, pharmacists, and licensed
naturopathic doctors in developing the findings and recommendations
submitted to the Legislature.
SEC. 18. Section 3628 of the Business and Professions Code is
amended to read:
3628. (a) The committee shall establish a naturopathic childbirth
attendance advisory subcommittee to issue recommendations concerning
the practice of naturopathic childbirth attendance based upon a
review of naturopathic medical education and training.
(b) The naturopathic childbirth attendance advisory subcommittee
shall be composed of an equal number of representatives from the
clinical and academic settings of physicians and surgeons, midwives,
and naturopathic doctors.
(c) The naturopathic childbirth attendance advisory subcommittee
shall review naturopathic education, training, and practice and make
specific recommendations to the Legislature regarding the practice of
naturopathic childbirth attendance.
(d) The committee shall make recommendations to the Legislature
not later than January 1, 2007. The naturopathic childbirth
attendance advisory subcommittee and the committee shall consult with
physicians and surgeons, midwives, and licensed naturopathic doctors
in developing the findings and recommendations submitted to the
Legislature.
SEC. 19. Section 3630 of the Business and Professions Code is
amended to read:
3630. An applicant for a license as a naturopathic doctor shall
file with the committee a written application on a form provided by
the committee that shows, to the committee's satisfaction, compliance
with all of the following requirements:
(a) The applicant has not committed an act or crime that
constitutes grounds for denial of a license under Section 480, and
has complied with the requirements of Section 144.
(b) The applicant has received a degree in naturopathic medicine
from an approved naturopathic medical school where the degree
substantially meets the educational requirements in paragraph (2) of
subdivision (a) of Section 3623.
SEC. 20. Section 3631 of the Business and Professions Code is
amended to read:
3631. An applicant for licensure shall pass the Naturopathic
Physicians Licensing Examination (NPLEX) or an equivalent approved by
the North American Board of Naturopathic Examiners. In the absence
of an examination approved by the North American Board of
Naturopathic Examiners, the committee may administer a substantially
equivalent examination.
SEC. 21. Section 3633 of the Business and Professions Code is
amended to read:
3633. The committee may grant a license to an applicant who is
licensed and in good standing as a naturopathic doctor in another
state, jurisdiction, or territory in the United States, provided the
applicant has met the requirements of Sections 3630 and 3631.
SEC. 22. Section 3633.1 of the Business and Professions Code is
amended to read:
3633.1. The committee may grant a license to an applicant who
meets the requirements of Section 3630, but who graduated prior to
1986, pre-NPLEX, and passed a state or Canadian Province naturopathic
licensing examination. Applications under this section shall be
received no later than December 31, 2007.
SEC. 23. 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 committee and shall expire
unless renewed in that manner. The committee may provide by
regulation for the late renewal of a license.
SEC. 24. Section 3635 of the Business and Professions Code is
amended to read:
3635. (a) In addition to any other qualifications and
requirements for licensure renewal, the committee shall require the
satisfactory completion of 60 hours of approved continuing education
biennially. This requirement is waived for the initial license
renewal. The continuing education shall meet the following
requirements:
(1) At least 20 hours shall be in pharmacotherapeutics.
(2) No more than 15 hours may be in naturopathic medical journals
or osteopathic or allopathic medical journals, or audio or videotaped
presentations, slides, programmed instruction, or computer-assisted
instruction or preceptorships.
(3) No more than 20 hours may be in any single topic.
(4) No more than 15 hours of the continuing education requirements
for the specialty certificate in naturopathic childbirth attendance
shall apply to the 60 hours of continuing education requirement.
(b) The continuing education requirements of this section may be
met through continuing education courses approved by the California
Naturopathic Doctors Association, the American Association of
Naturopathic Physicians, the Medical Board of California, the
California State Board of Pharmacy, the State Board of Chiropractic
Examiners, or other courses approved by the committee.
SEC. 25. Section 3636 of the Business and Professions Code is
amended to read:
3636. (a) Upon a written request, the committee may grant
inactive status to a naturopathic doctor who is in good standing and
who meets the requirements of Section 462.
(b) A person whose license is in inactive status may not engage in
any activity for which a license is required under this chapter.
(c) A person whose license is in inactive status shall be exempt
from continuing education requirements while his or her license is in
that status.
(d) To restore a license to active status, a person whose license
is in inactive status must fulfill continuing education requirements
for the two-year period prior to reactivation, and pay a reactivation
fee established by the committee.
SEC. 26. Section 3640 of the Business and Professions Code is
amended to read:
3640. (a) A naturopathic doctor may order and perform physical
and laboratory examinations for diagnostic purposes, including, but
not limited to, phlebotomy, clinical laboratory tests, speculum
examinations, orificial examinations, and physiological function
tests.
(b) A naturopathic doctor may order diagnostic imaging studies,
including X-ray, ultrasound, mammogram, bone densitometry, and
others, consistent with naturopathic training as determined by the
committee, but shall refer the studies to an appropriately licensed
health care professional to conduct the study and interpret the
results.
(c) A naturopathic doctor may dispense, administer, order, and
prescribe or perform the following:
(1) Food, extracts of food, nutraceuticals, vitamins, amino acids,
minerals, enzymes, botanicals and their extracts, botanical
medicines, homeopathic medicines, all dietary supplements and
nonprescription drugs as defined by the federal Food, Drug, and
Cosmetic Act, consistent with the routes of administration identified
in subdivision (d).
(2) Hot or cold hydrotherapy; naturopathic physical medicine
inclusive of the manual use of massage, stretching, resistance, or
joint play examination but exclusive of small amplitude movement at
or beyond the end range of normal joint motion; electromagnetic
energy; colon hydrotherapy; and therapeutic exercise.
(3) Devices, including, but not limited to, therapeutic devices,
barrier contraception, and durable medical equipment.
(4) Health education and health counseling.
(5) Repair and care incidental to superficial lacerations and
abrasions, except suturing.
(6) Removal of foreign bodies located in the superficial tissues.
(d) A naturopathic doctor may utilize routes of administration
that include oral, nasal, auricular, ocular, rectal, vaginal,
transdermal, intradermal, subcutaneous, intravenous, and
intramuscular.
(e) The committee may establish regulations regarding ocular or
intravenous routes of administration that are consistent with the
education and training of a naturopathic doctor.
(f) Nothing in this section shall exempt a naturopathic doctor
from meeting applicable licensure requirements for the performance of
clinical laboratory tests.
(g) The authority to use all routes for furnishing prescription
drugs as described in Section 3640.5 shall be consistent with the
oversight and supervision requirements of Section 2836.1.
SEC. 27. Section 3640.1 of the Business and Professions Code is
amended to read:
3640.1. The committee shall make recommendations to the
Legislature not later than January 1, 2007, regarding the potential
development of scope and supervision requirements of a naturopathic
doctor for the performance of minor office procedures. The committee
shall consult with physicians and surgeons and licensed naturopathic
doctors in developing the findings and recommendations submitted to
the Legislature.
SEC. 28. Section 3640.5 of the Business and Professions Code is
amended to read:
3640.5. Nothing in this chapter or any other provision of law
shall be construed to prohibit a naturopathic doctor from furnishing
or ordering drugs when all of the following apply:
(a) The drugs are furnished or ordered by a naturopathic doctor in
accordance with standardized procedures or protocols developed by
the naturopathic doctor and his or her supervising physician and
surgeon.
(b) The naturopathic doctor is functioning pursuant to
standardized procedure, as defined by subdivisions (a), (b), (d),
(e), (h), and (i) of Section 2836.1 and paragraph (1) of subdivision
(c) of Section 2836.1, or protocol. The standardized procedure or
protocol shall be developed and approved by the supervising physician
and surgeon, the naturopathic doctor, and, where applicable, the
facility administrator or his or her designee.
(c) The standardized procedure or protocol covering the furnishing
of drugs shall specify which naturopathic doctors may furnish or
order drugs, which drugs may be furnished or ordered under what
circumstances, the extent of physician and surgeon supervision, the
method of periodic review of the naturopathic doctor's competence,
including peer review, and review of the provisions of the
standardized procedure.
(d) The furnishing or ordering of drugs by a naturopathic doctor
occurs under physician and surgeon supervision. Physician and surgeon
supervision shall not be construed to require the physical presence
of the physician, but does include all of the following:
(1) Collaboration on the development of the standardized
procedure.
(2) Approval of the standardized procedure.
(3) Availability by telephonic contact at the time of patient
examination by the naturopathic doctor.
(e) For purposes of this section, a physician and surgeon shall
not supervise more than four naturopathic doctors at one time.
(f) Drugs furnished or ordered by a naturopathic doctor may
include Schedule III through Schedule V controlled substances under
the California Uniform Controlled Substances Act (Division 10
(commencing with Section 11000) of the Health and Safety Code) and
shall be further limited to those drugs agreed upon by the
naturopathic doctor and physician and surgeon as specified in the
standardized procedure. When Schedule III controlled substances, as
defined in Section 11056 of the Health and Safety Code, are furnished
or ordered by a naturopathic doctor, the controlled substances shall
be furnished or ordered in accordance with a patient-specific
protocol approved by the treating or supervising physician. A copy of
the section of the naturopathic doctor's standardized procedure
relating to controlled substances shall be provided upon request, to
a licensed pharmacist who dispenses drugs, when there is uncertainty
about the naturopathic doctor furnishing the order.
(g) The committee has certified that the naturopathic doctor has
satisfactorily completed adequate coursework in pharmacology covering
the drugs to be furnished or ordered under this section. The
committee shall establish the requirements for satisfactory
completion of this subdivision.
(h) Use of the term "furnishing" in this section, in health
facilities defined in subdivisions (b), (c), (d), (e), and (i) of
Section 1250 of the Health and Safety Code, shall include both of the
following:
(1) Ordering a drug in accordance with the standardized procedure.
(2) Transmitting an order of a supervising physician and surgeon.
(i) For purposes of this section, "drug order" or "order" means an
order for medication which is dispensed to or for an ultimate user,
issued by a naturopathic doctor as an individual practitioner, within
the meaning of Section 1306.02 of Title 21 of the Code of Federal
Regulations.
(j) Notwithstanding any other provision of law, the following
apply:
(1) A drug order issued pursuant to this section shall be treated
in the same manner as a prescription of the supervising physician.
(2) All references to prescription in this code and the Health and
Safety Code shall include drug orders issued by naturopathic
doctors.
(3) The signature of a naturopathic doctor on a drug order issued
in accordance with this section shall be deemed to be the signature
of a prescriber for purposes of this code and the Health and Safety
Code.
SEC. 29. Section 3650 of the Business and Professions Code is
amended to read:
3650. A naturopathic doctor may perform naturopathic childbirth
attendance if he or she has completed additional training and has
been granted a certificate of specialty practice by the committee.
SEC. 30. Section 3651 of the Business and Professions Code is
amended to read:
3651. In order to be certified for the specialty practice of
naturopathic childbirth attendance, a naturopathic doctor shall
obtain a passing grade on the American College of Nurse Midwives
Written Examination, or a substantially equivalent examination
approved by the committee, and shall establish, to the committee's
satisfaction, compliance with one of the following requirements:
(a) Successful completion of a certificate of midwifery or
naturopathic obstetrics specialty from an approved naturopathic
medical education program consisting of not less than 84 semester
units or 126 quarter units that substantially complies with the
following educational standards and requirements:
(1) The curriculum is presented in semester or quarter units under
the following formula:
(A) One hour of instruction in theory each week throughout a
semester or quarter equals one unit.
(B) Three hours of clinical practice each week throughout a
semester or quarter equals one unit.
(2) The program provides both academic and clinical preparation
that is substantially equivalent to that provided in a program
accredited by the American College of Nurse Midwives. The program
includes, but is not limited to, preparation in all of the following
areas:
(A) The art and science of midwifery, one-half of which shall be
in theory and one-half of which shall be in clinical practice. Theory
and clinical practice shall be concurrent in the areas of maternal
and child health, including, but not limited to, labor and delivery,
neonatal well care, and postpartum care.
(B) Communications skills that include the principles of oral,
written, and group communications.
(C) Anatomy and physiology, genetics, obstetrics and gynecology,
embryology and fetal development, neonatology, applied microbiology,
chemistry, child growth and development, pharmacology, nutrition,
laboratory diagnostic tests and procedures, and physical assessment.
(D) Concepts in psychosocial, emotional, and cultural aspects of
maternal and child care, human sexuality, counseling and teaching,
maternal and infant and family bonding process, breast feeding,
family planning, principles of preventive health, and community
health.
(E) Aspects of the normal pregnancy, labor and delivery,
postpartum period, newborn care, family planning, or routine
gynecological care in alternative birth centers, homes, and
hospitals.
(3) The program integrates the following subjects throughout its
entire curriculum:
(A) Midwifery process.
(B) Basic intervention skills in preventive, remedial, and
supportive midwifery.
(C) The knowledge and skills required to develop collegial
relationships with health care providers from other disciplines.
(D) Related behavioral and social sciences with emphasis on
societal and cultural patterns, human development, and behavior
related to maternal and child health, illness, and wellness.
(4) Instruction in personal hygiene, client abuse, cultural
diversity, and the legal, social, and ethical aspects of midwifery.
(5) Instruction in the midwifery management process which shall
include all of the following:
(A) Obtaining or updating a defined and relevant database for
assessment of the health status of the client.
(B) Identifying problems based upon correct interpretation of the
database.
(C) Preparing a defined needs or problem list, or both, with
corroboration from the client.
(D) Consulting, collaborating with, and referring to, appropriate
members of the health care team.
(E) Providing information to enable clients to make appropriate
decisions and to assume appropriate responsibility for their own
health.
(F) Assuming direct responsibility for the development of
comprehensive, supportive care for the client and with the client.
(G) Assuming direct responsibility for implementing the plan of
care.
(H) Initiating appropriate measures for obstetrical and neonatal
emergencies.
(I) Evaluating, with corroboration from the client, the
achievement of health care goals and modifying the plan of care
appropriately.
(b) Successful completion of an educational program that the
committee has determined satisfies the criteria of subdivision (a)
and current licensure as a midwife by a state with licensing
standards that have been found by the committee to be substantially
equivalent to those adopted by the committee pursuant to this
article.
SEC. 31. Section 3651.5 of the Business and Professions Code is
amended to read:
3651.5. A naturopathic doctor certified for the specialty
practice of naturopathic childbirth attendance shall do both of the
following:
(a) Maintain current certification in neonatal resuscitation and
cardiopulmonary resuscitation.
(b) File with the committee a written plan for the following:
(1) Consultation with other health care providers.
(2) Supervision by a licensed physician and surgeon who has
current practice or training in obstetrics to assist a woman in
childbirth so long as progress meets criteria accepted as normal. The
plan shall provide that all complications shall be referred to a
physician and surgeon immediately.
(3) Emergency transfer and transport of an infant or a maternity
patient, or both, to an appropriate health care facility, and access
to neonatal intensive care units and obstetrical units or other
patient care areas.
SEC. 32. Section 3652 of the Business and Professions Code is
amended to read:
3652. (a) A certificate of specialty practice in naturopathic
childbirth attendance shall expire concurrently with the licensee's
naturopathic doctor's license.
(b) The certificate may be renewed upon submission of the renewal
fee set by the committee and evidence, to the committee's
satisfaction, of the completion of 30 hours of continuing education
credits in naturopathic childbirth, midwifery, or obstetrics. Fifteen
hours may be applied to the 60 hours of continuing education
required for naturopathic doctors.
(c) Licensing or disciplinary action by the committee or a
judicial authority shall be deemed to have an equal effect upon the
specialty certificate to practice naturopathic childbirth issued to a
licensee, unless otherwise specified in the licensing or
disciplinary action. When the subject of a licensing or disciplinary
action relates specifically to the practice of naturopathic
childbirth by a licensee holding a specialty certificate, the action
may, instead of affecting the entire scope of the licensee's
practice, suspend, revoke, condition, or restrict only the licensee's
authority under the specialty certificate.
SEC. 33. Section 3663 of the Business and Professions Code is
amended to read:
3663. The committee may discipline a naturopathic doctor for
unprofessional conduct. After a hearing conducted in accordance with
the Administrative Procedure Act (Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code),
the committee may deny, suspend, revoke, or place on probation the
license of, or reprimand, censure, or otherwise discipline a
naturopathic doctor in accordance with Division 1.5 (commencing with
Section 475).
SEC. 34. Section 3670 of the Business and Professions Code is
amended to read:
3670. A naturopathic corporation is a corporation that is
authorized to render professional services, as defined in Section
13401 of the Corporations Code, if the corporation and its
shareholders, officers, directors, and employees rendering
professional services who are naturopathic doctors are in compliance
with the Moscone-Knox Professional Corporation Act (Part 4
(commencing with Section 13400) of Division 3 of Title 1 of the
Corporations Code), this chapter, and all other statutes and
regulations now or hereafter enacted or adopted pertaining to that
corporation and the conduct of its affairs. With respect to a
naturopathic corporation, the governmental agency referred to in the
Moscone-Knox Professional Corporation Act is the committee.
SEC. 35. Section 3675 of the Business and Professions Code is
amended to read:
3675. The committee may adopt and enforce regulations to carry
out the purposes and objectives of this article, including, but not
limited to, regulations requiring the following:
(a) That the bylaws of a naturopathic corporation include a
provision whereby the capital stock of the corporation owned by a
disqualified person, as defined in Section 13401 of the Corporations
Code, or a deceased person, shall be sold to the corporation or to
the remaining shareholders of the corporation within any time as the
regulations may provide.
(b) That a naturopathic corporation shall provide adequate
security by insurance or otherwise for claims against it by its
patients arising out of the rendering of professional services.
SEC. 36. Section 3680 of the Business and Professions Code is
amended to read:
3680. The committee shall establish the amount of the fee
assessed to conduct activities of the committee, including the amount
of fees for applicant licensure, licensure examination, licensure
renewal, late renewal, and childbirth certification.
SEC. 37. Section 3681 of the Business and Professions Code is
amended to read:
3681. (a) All fees collected by the committee shall be paid into
the State Treasury and shall be credited to the Naturopathic Doctor's
Fund which is hereby created in the State Treasury. The money in the
fund shall be available to the committee for expenditure for the
purposes of this chapter only upon appropriation by the Legislature.
(b) Notwithstanding subdivision (a), all money other than revenue
described in Section 207 received and credited to the Naturopathic
Doctor's Fund in the 2003-04 fiscal year is hereby appropriated to
the committee for the purpose of implementing this chapter.
SEC. 38. Section 3685 of the Business and Professions Code is
amended to read:
3685. (a) The provisions of Article 8 (commencing with Section
3680) shall become operative on January 1, 2004, but the remaining
provisions of this chapter shall become operative on July 1, 2004. It
is the intent of the Legislature that the initial implementation of
this chapter be administered by fees collected in advance from
applicants. Therefore, the committee shall have the power and
authority to establish fees and receive applications for licensure or
intents to file application statements on and after January 1, 2004.
The department shall certify that sufficient funds are available
prior to implementing this chapter. Funds from the General Fund may
not be used for the purpose of implementing this chapter.
(b) This chapter shall become inoperative on January 1, 2013, and,
as of that date is repealed, unless a later enacted statute that is
enacted before January 1, 2013, deletes or extends that date. The
repeal of this chapter renders the committee subject to the review
required by Division 1.2 (commencing with Section 473).
(c) The committee shall prepare the report required by Section
473.2 no later than September 1, 2010.
SEC. 39. Section 3716 of the Business and Professions Code is
amended to read:
3716. The board may employ an executive officer exempt from civil
service and, subject to the provisions of law relating to civil
service, clerical assistants and, except as provided in Section
159.5, other employees as it may deem necessary to carry out its
powers and duties.
This section shall remain in effect only until January 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2013, deletes or extends that date.
SEC. 40. Section 7801 of the Business and Professions Code is
amended to read:
7801. (a) "Board," as used in this chapter, means the Board for
Professional Engineers and Land Surveyors established under Section
6710. Any reference in any law or regulation to the Board for
Geologists and Geophysicists or the State Board of Registration for
Geologists and Geophysicists shall be deemed to refer to the Board
for Professional Engineers and Land Surveyors.
(b) The board shall succeed to and is vested with all the duties,
powers, purposes, responsibilities, and jurisdiction previously
vested in the Board for Geologists and Geophysicists.
(c) The board shall receive two personnel years that were
previously allocated to the Board for Geologists and Geophysicists
for the performance of the board's responsibilities under this
chapter.
SEC. 41. Section 7810 of the Business and Professions Code is
repealed.
SEC. 42. Section 7810.1 of the Business and Professions Code is
amended to read:
7810.1. Protection of the public shall be the highest priority
for the board in exercising its licensing, regulatory, and
disciplinary functions pursuant to this chapter. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.
SEC. 43. Section 7811 of the Business and Professions Code is
repealed.
SEC. 44. Section 7815 of the Business and Professions Code is
repealed.
SEC. 45. Section 7815.5 of the Business and Professions Code is
repealed.
SEC. 46. Section 7816 of the Business and Professions Code is
repealed.
SEC. 47. Section 7817 of the Business and Professions Code is
repealed.
SEC. 48. Section 7820 of the Business and Professions Code is
amended to read:
7820. The board shall have and use a seal bearing the name "Board
for Professional Engineers and Land Surveyors."
SEC. 49. Section 7830.1 of the Business and Professions Code is
amended to read:
7830.1. It is unlawful for anyone other than a geophysicist
registered under this chapter to stamp or seal any plans,
specifications, plats, reports, or other documents with the seal or
stamp of a registered geophysicist, professional geophysicist, or
registered certified specialty geophysicist, or to use in any manner
the title "registered geophysicist," "professional geophysicist," or
the title of any registered certified specialty geophysicist unless
registered, or registered and certified, under this chapter.
SEC. 50. Section 8501 of the Business and Professions Code is
amended to read:
8501. "Director" refers to the Director of Pesticide Regulation.
SEC. 51. Section 8502 of the Business and Professions Code is
amended to read:
8502. "Board" refers to the Structural Pest Control Board within
the Department of Pesticide Regulation.
SEC. 52. Section 8505.17 of the Business and Professions Code is
amended to read:
8505.17. (a) There is hereby continued in existence in the State
Treasury a special fund to be known as the Structural Pest Control
Education and Enforcement Fund. Funds derived from the pesticide use
report filing fee provided for in Section 8674 and all proceeds from
civil penalties collected by the board pursuant to Section 8617 shall
be deposited in the Education and Enforcement Account which is
hereby created in the fund. The account shall be used by the board
(1) for the purposes of training as provided in Section 8616, (2) for
reimbursement to the Director of Pesticide Regulation for work
performed as the agent of the board pursuant to Sections 8616,
8616.4, and 8617 and Section 15202 of the Food and Agricultural Code
and for cases referred to the board pursuant to subdivision (b) of
Section 8616.5, and (3) for reasonable expenses incurred by the
Disciplinary Review Committee. There is no reimbursement from this
fund for inspections and routine investigations.
(b) The board may withhold funds from its agent if it is not
satisfied that its agent has corrected the problems which resulted in
a suspension as provided in Section 8616.6. The authority to
withhold funds shall be limited only to the withholding of an amount
otherwise due the agent for reimbursable activities performed in the
county or counties for which a notice has been filed pursuant to
Section 8616.6.
(c) Registered structural pest control companies shall prepare and
submit to the county agricultural commissioner a monthly report of
all pesticides used in that county. The report shall be on a form
approved by the Director of Pesticide Regulation and shall contain
the name and registration number of each pesticide, the amount used,
and the number of applications made. The report shall be submitted to
the commissioner by the 10th day of the month following the month of
application. Each pesticide use report or combination of use reports
representing a registered structural pest control company's total
county pesticide use for the month shall have affixed thereto a
pesticide use stamp issued by the board in the denomination fixed by
the board in accordance with Section 8674 as the pesticide use report
filing fee. The board shall provide for the sale of these stamps and
for the refund of moneys paid for stamps which are returned to it
unused. When a registered structural pest control company performs no
pest control during a month in a county in which it has given notice
pursuant to Section 15204 of the Food and Agricultural Code, the
registered company shall submit a use report stating this fact to the
commissioner. No pesticide use stamp is required on negative use
reports.
(d) All other proceeds from civil penalties collected by the board
shall be deposited in the Civil Penalties Account which is hereby
created in the fund. These funds shall be available to the board upon
appropriation by the Legislature for the purposes of enforcing this
chapter.
SEC. 53. Section 8520 of the Business and Professions Code is
amended to read:
8520. (a) There is in the Department of Pesticide Regulation a
Structural Pest Control Board, which consists of seven members.
(b) Subject to the jurisdiction conferred upon the director by
Division 6 (commencing with Section 11401) of the Food and
Agricultural Code, the board is vested with the power to and shall
administer the provisions of this chapter.
(c) It is the intent of the Legislature that consumer protection
is the primary mission of the board.
(d) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 54. Section 8520.2 is added to the Business and Professions
Code, to read:
8520.2. (a) The Structural Pest Control Board is hereby
transferred from the jurisdiction of the Department of Consumer
Affairs and placed under the jurisdiction of the Department of
Pesticide Regulation.
(b) The registrar of the board under the jurisdiction of the
Department of Consumer Affairs shall remain as the registrar of the
board under the jurisdiction of the Department of Pesticide
Regulation.
(c) The members appointed to the board while under the
jurisdiction of the Department of Consumer Affairs shall remain as
members of the board under the jurisdiction of the Department of
Pesticide Regulation.
(d) All employees of the board under the jurisdiction of the
Department of Consumer Affairs are hereby transferred to the board
under the jurisdiction of the Department of Pesticide Regulation.
(e) The duties, powers, purposes, responsibilities, and
jurisdictions of the board under the jurisdiction of the Department
of Consumer Affairs shall remain with the board under the
jurisdiction of the Department of Pesticide Regulation.
(f) For the performance of the duties and the exercise of the
powers vested in the board under this chapter, the board shall have
possession and control of all records, papers, offices, equipment,
supplies, or other property, real or personal, held for the benefit
or use by the board formerly within the jurisdiction of the
Department of Consumer Affairs.
(g) Any reference to the board in this chapter or in any other
provision of law or regulation shall be construed as a reference to
the board under the jurisdiction of the department.
SEC. 55. Section 8674 of the Business and Professions Code is
amended to read:
8674. The fees prescribed by this chapter are the following:
(a) A duplicate license fee of not more than two dollars ($2).
(b) A fee for filing a change of name of a licensee of not more
than two dollars ($2).
(c) An operator's examination fee of not more than twenty-five
dollars ($25).
(d) An operator's license fee of not more than one hundred fifty
dollars ($150).
(e) An operator's license renewal fee of not more than one hundred
fifty dollars ($150).
(f) A company registration
fee of not more than one hundred twenty dollars ($120).
(g) A branch office registration fee of not more than sixty
dollars ($60).
(h) A field representative's examination fee of not more than
fifteen dollars ($15).
(i) A field representative's license fee of not more than
forty-five dollars ($45).
(j) A field representative's license renewal fee of not more than
forty-five dollars ($45).
(k) An applicator's examination fee of not more than fifteen
dollars ($15).
(l) An applicator's license fee of not more than fifty dollars
($50).
(m) An applicator's license renewal fee of not more than fifty
dollars ($50).
(n) An activity form fee, per property address, of not more than
three dollars ($3).
(o) A fee for certifying a copy of an activity form of not more
than three dollars ($3).
(p) A fee for filing a change of a registered company's name,
principal office address, or branch office address, qualifying
manager, or the names of a registered company's officers, or bond or
insurance of not more than twenty-five dollars ($25) for each change.
(q) A fee for approval of continuing education providers of not
more than fifty dollars ($50).
(r) A pesticide use report filing fee of not more than five
dollars ($5) for each pesticide use report or combination of use
reports representing a registered structural pest control company's
total county pesticide use for the month.
(s) A fee for approval of continuing education courses of not more
than twenty-five dollars ($25).
(t) (1) Any person who pays a fee pursuant to subdivision (r)
shall, in addition, pay a fee of two dollars ($2) for each pesticide
use stamp purchased from the board. Notwithstanding any other
provision of law, the fee established pursuant to this subdivision
shall be deposited with a bank or other depository approved by the
Department of Finance and designated by the Research Advisory Panel
or into the Structural Pest Control Research Fund that is hereby
continued in existence and continuously appropriated to be used only
for structural pest control research. If the Research Advisory Panel
designates that the fees be deposited in an account other than the
Structural Pest Control Research Fund, any moneys in the fund shall
be transferred to the designated account.
(2) Prior to the deposit of any funds, the depository shall enter
into an agreement with the Department of Pesticide Regulation that
includes, but is not limited to, all of the following requirements:
(A) The depository shall serve as custodian for the safekeeping of
the funds.
(B) Funds deposited in the designated account shall be encumbered
solely for the exclusive purpose of implementing and continuing the
program for which they were collected.
(C) Funds deposited in the designated account shall be subject to
an audit at least once every two years by an auditor selected by the
Director of Pesticide Regulation. A copy of the audit shall be
provided to the director within 30 days of completion of the audit.
(D) The Department of Pesticide Regulation shall be reimbursed for
all expenses it incurs that are reasonably related to implementing
and continuing the program for which the funds were collected in
accordance with the agreement.
(E) A reserve in an amount sufficient to pay for costs arising
from unanticipated occurrences associated with administration of the
program shall be maintained in the designated account.
(3) A charge for administrative expenses of the board in an amount
not to exceed 5 percent of the amount collected and deposited in the
Structural Pest Control Research Fund may be assessed against the
fund. The charge shall be limited to expenses directly related to the
administration of the fund.
(4) The board shall, by regulation, establish a five-member
research advisory panel including, but not limited to,
representatives from each of the following: (A) the Structural Pest
Control Board, (B) the structural pest control industry, (C) the
Department of Pesticide Regulation, and (D) the University of
California. The panel, or other entity designated by the board, shall
solicit on behalf of the board all requests for proposals and
present to the panel all proposals that meet the criteria established
by the panel. The panel shall review the proposals and recommend to
the board which proposals to accept. The recommendations shall be
accepted upon a two-thirds vote of the board. The board shall direct
the panel, or other entity designated by the board, to prepare and
issue the research contracts and authorize the transfer of funds from
the Structural Pest Control Research Fund to the applicants whose
proposals were accepted by the board.
(5) A charge for requests for proposals, contracts, and monitoring
of contracted research shall not exceed 5 percent of the research
funds available each year and shall be paid from the Structural Pest
Control Research Fund.
SEC. 56. Section 8676 of the Business and Professions Code is
amended to read:
8676. The department shall receive and account for all moneys
collected under this chapter at the end of each month, and shall pay
it into the Treasury to the credit of the Structural Pest Control
Fund, which is hereby continued in existence.
The money in this fund shall be expended for the pro rata cost of
administration of the department and for the purpose of carrying out
the provisions of this chapter.
SEC. 57. Section 9801 of the Business and Professions Code is
amended to read:
9801. The following terms as used in this chapter have the
meaning expressed in this section:
(a) "Person" includes a firm, partnership, association, limited
liability company, or corporation.
(b) "Department" means the Department of Consumer Affairs.
(c) "Director" means the Director of Consumer Affairs.
(d) "Bureau" means the Bureau of Electronic and Appliance Repair,
Home Furnishings, and Thermal Insulation.
(e) "Chief" means the Chief of the Bureau of Electronic and
Appliance Repair, Home Furnishings, and Thermal Insulation.
(f) "Service dealer" means a person who, for compensation, engages
in, or holds himself or herself out to the public as offering
services in the business of:
(1) Repairing, servicing, or maintaining an electronic set
normally used or sold for personal, family, household, or home office
use.
(2) Installing, repairing, servicing, or maintaining equipment or
a burglar alarm system for use in private motor vehicles.
(3) Installing, repairing, servicing, or maintaining television or
radio receiver antennas, rotators, and accessories or direct
satellite signal receiving equipment located on or adjacent to a
residence and not involving a function that is subject to and
regulated under the provisions of Chapter 9 (commencing with Section
7000).
(4) Repairing, servicing, or maintaining major appliances.
(g) "Equipment" for the purposes of this chapter means an
electronic set, appliance, antenna, rotator, and accessories.
(h) "Electronic set" includes, but is not limited to, any
television, radio, audio or video recorder or playback equipment,
video camera, video game, video monitor, computer system,
photocopier, or facsimile machine normally used or sold for personal,
family, household, or home office use.
(i) "Appliance" or "major home appliance" includes, but is not
limited to, any refrigerator, freezer, range, microwave oven, washer,
dryer, dishwasher, trash compactor, or room air-conditioner normally
used or sold for personal, family, household, or home office use, or
for use in private motor vehicles.
(j) "Antenna" includes, but is not limited to, a resonant device
designed especially for the purpose of capturing electromagnetic
energy transmitted by direct satellite or commercial radio or
television broadcasting facilities. An antenna and its associated
accessories are not deemed to be a part of a set and shall be
considered, under this section, to be located outside or in the attic
of a residence.
(k) "Rotator," when used in connection with an antenna
installation or repair, includes, but is not limited to, an
electromechanical device operated from a remote location to rotate an
antenna on a horizontal plane. A rotator and its associated
accessories are not deemed to be a part of a set and shall be
considered under this section, with the exception of the directional
control unit, to be located outside or in the attic of a residence.
(l) "Accessories," when used in connection with an antenna or
rotator installation or repair, includes, but is not limited to,
masts, towers, clamps, guy wires, eye hooks, standoff insulators,
roof saddles, vent pipe mounts, chimney mount kits, signal
amplifiers/boosters, multiset couplers, transmission lines, control
cables, directional control units, and other devices as may be used
from time to time to effect installation or repair.
(m) "Computer system" includes, but is not limited to, a central
processing unit that performs data manipulation functions, and any
associated peripheral devices, including, but not limited to,
keyboards, display terminals, printers, or disk drives.
(n) "Video game" includes, but is not limited to, any electronic
amusement device that utilizes a computer, microprocessor, or similar
electronic circuitry and its own cathode ray tube or a television
set or a monitor.
(o) "Direct satellite signal receiving equipment" includes, but is
not limited to, receivers, down converters, amplifiers, and audio or
video processors related to the reception of audio, video, or data
signals broadcasted or rebroadcasted by communication satellites
located in space.
(p) "Electronic repair industry" means those activities defined in
paragraph (1), (2), or (3) of subdivision (f).
(q) "Appliance repair industry" means those activities defined in
paragraph (4) of subdivision (f).
SEC. 58. Section 9810 of the Business and Professions Code is
amended to read:
9810. There is in the Department of Consumer Affairs a Bureau of
Electronic and Appliance Repair, Home Furnishings, and Thermal
Insulation, under the supervision and control of the director. The
director shall administer and enforce the provisions of this chapter
and Chapter 3 (commencing with Section 19000) of Division 8.
The Governor shall appoint, subject to confirmation by the Senate,
a chief of the bureau at a salary to be fixed and determined by the
director with the approval of the Director of Finance. The chief
shall serve under the direction and supervision of the director and
at the pleasure of the Governor.
Every power granted to or duty imposed upon the director under
this chapter and Chapter 3 (commencing with Section 19000) of
Division 8 may be exercised or performed in the name of the director
by a deputy or assistant director or by the chief, subject to
conditions and limitations that the director may prescribe.
Whenever the laws of this state refer to the Bureau of Electronic
Repair Dealer Registration or the Bureau of Electronic and Appliance
Repair, the reference shall be construed to be to the Bureau of
Electronic and Appliance Repair, Home Furnishings, and Thermal
Insulation.
SEC. 59. Section 9810.1 of the Business and Professions Code is
amended to read:
9810.1. Protection of the public shall be the highest priority
for the Bureau of Electronic and Appliance Repair, Home Furnishings,
and Thermal Insulation in exercising its licensing, regulatory, and
disciplinary functions under this chapter. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
SEC. 60. Section 9872 of the Business and Professions Code is
amended to read:
9872. The money in the Electronic and Appliance Repair Fund
necessary for the administration of the bureau and the administration
of this chapter shall be used for such purposes.
SEC. 61. Section 19004 of the Business and Professions Code is
amended to read:
19004. (a) "Bureau" refers to the Bureau of Electronic and
Appliance Repair, Home Furnishings, and Thermal Insulation, as
established in Section 9810.
(b) "Chief" refers to the chief of the bureau.
(c) "Inspector" refers to an inspector either employed by, or
under contract to, the bureau.
(d) "Director" refers to the Director of Consumer Affairs.
(e) "Department" refers to the Department of Consumer Affairs.
SEC. 62. Section 19004.1 of the Business and Professions Code is
amended to read:
19004.1. Protection of the public shall be the highest priority
for the Bureau of Electronic and Appliance Repair, Home Furnishings,
and Thermal Insulation in exercising its licensing, regulatory, and
disciplinary functions under this chapter. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
SEC. 63. Section 19030 of the Business and Professions Code is
amended to read:
19030. Any reference in California law to the Bureau of Home
Furnishings or to the Bureau of Home Furnishings and Thermal
Insulation shall be deemed to refer to the Bureau of Electronic and
Appliance Repair, Home Furnishings, and Thermal Insulation.
SEC. 64. Section 19031 of the Business and Professions Code is
amended to read:
19031. The duty of enforcing and administering this chapter and
Chapter 20 (commencing with Section 9800) of Division 3 is vested in
the chief and he or she is responsible to the director therefor.
SEC. 65. Section 19174 of the Business and Professions Code is
amended to read:
19174. All fees collected under this chapter shall be reported to
the Controller and paid to the Treasurer and credited to the Home
Furnishings and Thermal Insulation Fund, to be expended only for the
purposes of the bureau and in carrying out this chapter.
SEC. 66. Section 11451.5 is added to the Food and Agricultural
Code, to read:
11451.5. The Department of Pesticide Regulation shall have
jurisdiction over the Structural Pest Control Board as established
under the Structural Pest Control Act (Chapter 14 (commencing with
Section 8500) of Division 3 of the Business and Professions Code).
SEC. 67. Section 44021 of the Health and Safety Code is amended to
read:
44021. (a) (1) The Inspection and Maintenance Review Committee is
hereby created to analyze the effect of the improved inspection and
maintenance program established by this chapter on motor vehicle
emissions and air quality. The functions of the review committee
shall be advisory in nature and primarily pertain to the gathering,
analysis, and evaluation of information.
(2) The members of the review committee shall receive no
compensation, but shall be reimbursed by the department for their
reasonable expenses in performing committee duties. The state board
and the department shall provide the review committee with any
necessary technical and clerical support in its evaluation and study.
(3) (A) The review committee shall consist of 13 members, nine to
be appointed by the Governor, two by the Senate Committee on Rules,
and two by the Speaker of the Assembly. All members shall be
appointed to four-year terms, and the Governor shall appoint from
among his or her appointees the chairperson of the review committee.
(B) The appointees of the Governor shall include an air pollution
control officer from an enhanced program nonattainment area, three
public members, an expert in air quality, an economist, a social
scientist, a representative of the inspection and maintenance
industry, and a representative of stationary source emissions
organizations.
(C) The appointees of the Senate Committee on Rules shall include
an environmental member with expertise in air quality, and a
representative from the inspection and maintenance industry.
(D) The appointees of the Speaker of the Assembly shall include an
environmental member with expertise in air quality, and a
representative of a local law enforcement agency charged with
prosecuting violations of this chapter in an enhanced program
nonattainment area.
(4) In preparing its evaluations of program effectiveness as
provided in paragraph (1), the review committee shall consult with
the Department of the California Highway Patrol, the Department of
Motor Vehicles, and any other appropriate agencies, as well as the
department and the state board, shall schedule and conduct periodic
meetings in the performance of its duties, and shall meet and consult
with local, state, and federal officials involved in the evaluation
of motor vehicle inspection and maintenance programs. At the request
of the committee, the department or the state board may, on behalf of
the committee, contract with independent entities to assist in the
committee's evaluations.
(b) The review committee shall submit periodic written reports to
the Legislature and the Governor on the performance of the program
and make recommendations on program improvements at least every 12
months. The periodic reports shall quantify the reduction in
emissions and improvement in air quality attributed to the program.
On or before July 1, 2010, the review committee shall, in
consultation with the department and the state board, include a
discussion of the effectiveness of the visible smoke test component
of the inspection and maintenance program, including the impact of
the visible smoke test on the smog check industry and vehicle owners
who fail the test, and an estimate of the reduction in particulate
emissions, in the periodic reports required by this subdivision. Any
reports, other than those required by this section, that the review
committee is required to provide pursuant to this chapter shall also
be transmitted to the Secretary for Environmental Protection and the
Secretary for State and Consumer Services.
(c) The review committee shall work closely with all interested
parties in preparing the information required by subdivisions (a) and
(b) and shall consider the reports provided pursuant to subdivision
(e). The review committee shall hold at least one public hearing on
its findings and recommendations prior to submitting its reports. The
reports shall include statutory language to implement its
recommendations, and shall recommend the timeframe for making any
changes to the program. The review committee shall seek comments from
the department, the Department of Motor Vehicles, the Department of
the California Highway Patrol, and the state board prior to
submitting its reports, and those comments shall be published as an
appendix to the report.
(d) The review committee shall participate in the demonstration
program authorized by Section 44081.6, as provided by that section.
(e) The state board, in cooperation with the department, shall
periodically submit reports to the review committee. The reports
shall include an assessment of the impact on emissions of continuing
the exemption from inspection of motor vehicles newer than five years
old; a comparison of the actual mass emissions reductions being
achieved by the enhanced program to those required by the State
Implementation Plan; and recommendations to improve the effectiveness
and cost-effectiveness of the program, including specific
recommendations addressing any discrepancy between emissions achieved
and those in the State Implementation Plan. The first report shall
be submitted not later than January 1, 2000, and reports shall be
submitted triennially thereafter. In preparing the reports, the state
board shall use data collected during inspections and repairs, and
data collected using roadside measurements, and may conduct
additional testing, as determined to be necessary, to accurately
quantify the mass emissions reduced.
(f)This section shall remain in effect only until January 1, 2012,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2012, deletes or extends that date.
SEC. 68. Section 677 of the Public Resources Code is amended to
read:
677. The board shall nominate, and the director shall appoint,
the State Geologist, who shall either be registered in compliance
with the Geologist and Geophysicist Act (Chapter 12.5 (commencing
with Section 7800) of Division 3 of the Business and Professions
Code) at least one year from the date of appointment, or the Board
for Professional Engineers and Land Surveyors may, upon the review of
academic and professional experience, grant registration. The State
Geologist shall possess general knowledge of mineral resources,
structural geology, seismology, engineering geology, and related
disciplines in science and engineering, and the reclamation of mined
lands and waters. The State Geologist shall advise the director
regarding technical, scientific, and engineering issues, including
the scientific quality of the division's products and activities.
SEC. 69. Section 1 of the act cited in the title is amended to
read:
A self-sustaining Osteopathic Medical Board of California to
consist of seven members and to be known as the "Osteopathic Medical
Board of California" is hereby created and established. The Governor
shall appoint the members of the board, each of whom shall have been
a citizen of this state and in active practice for at least five
years next preceding his or her appointment. Five of the members
shall be appointed from among persons who are graduates of
osteopathic schools who hold unrevoked physician's and surgeon's D.O.
licenses or certificates to practice in this state. Two members
shall be naturopathic doctors licensed under the Naturopathic Doctors
Act (Chapter 8.2 (commencing with Section 3610) of Division 2 of the
Business and Professions Code). No one residing or practicing
outside of this state may be appointed to, or sit as a member of, the
board. The Governor shall fill by appointment all vacancies on the
board for the unexpired term. The term of office of each member shall
be three years; provided, that of the first board appointed, one
shall be appointed for one year, two for two years, and two for three
years, and that thereafter all appointments shall be for three
years, except that appointments to fill vacancies shall be for the
unexpired term only. No member shall serve for more than three full
consecutive terms. The Governor shall have power to remove from
office any osteopathic physician and surgeon member of the board for
neglect of duty required by the Osteopathic Act or Medical Practice
Act. The Governor shall have power to remove from office any
naturopathic doctor member of the board for neglect of duty required
by the Naturopathic Doctors Act. The Governor shall have power to
remove any member of the board for no longer complying with the
residency or practice requirements of this section, for incompetency,
or for unprofessional conduct. Each member of the board shall,
before entering upon the duties of his or her office, take the
constitutional oath of office. All fees collected on behalf of the
Osteopathic Medical Board of California and all receipts of every
kind and nature, shall be reported at the beginning of each month for
the month preceding, to the Controller and at the same time the
entire amount must be paid into the State Treasury and shall be
credited to a fund to be known as the Osteopathic Medical Board of
California Contingent Fund, which fund is hereby created. The
contingent fund shall be for the use of the Osteopathic Medical Board
of California and out of it and not otherwise shall be paid all
expenses of the board. Each member of the board shall receive a per
diem and expenses as provided in Section 103, provided the fees and
other receipts of the board are sufficient to meet this expense.
The Governor shall appoint the members of the board within 30 days
after this act takes effect. The board shall be organized within 60
days after the appointment of its members by the Governor by electing
from its number a president, vice president, and a secretary who
shall also be the treasurer, who shall hold their respective
positions during the pleasure of the board. The board shall hold one
meeting during the first quarter of each calendar year at a time and
place designated by the board with power of adjournment from time to
time until its business is concluded. Special meetings of the board
may be held at such time and place as the board may designate. Notice
of each regular or special meeting shall be given twice a week for
two weeks next preceding each meeting in one daily paper published in
the City of San Francisco, one published in the City of Sacramento,
and one published in the City of Los Angeles which notice shall also
specify the time and place of holding the examination of applicants.
The secretary of the board upon an authorization from the president
of the board, or the chairperson of the committee may call meetings
of any duly appointed committee of the board at a specified time and
place and it shall not be necessary to advertise those committee
meetings. The board shall receive through its secretary applications
for certificates to be issued by the board and shall, on or before
the first day of January in each year transmit to the Governor a full
report of all its proceedings together with a report of its receipts
and disbursements.
The office of the board shall be in the City of Sacramento.
Suboffices may be established in Los Angeles and San Francisco and
records as may be necessary may be transferred temporarily to those
suboffices. Legal proceedings against the board may be instituted in
any one of the three cities.
The board may from time to time adopt rules as may be necessary to
enable it to carry into effect the provisions of this act. It shall
require the affirmative vote of a majority of the members of the
board to carry any motion or resolution, to adopt any rules, pass any
measure or to authorize the issuance or the revocation of any
certificate. Any member of the board may administer oaths in all
matters pertaining to the duties of the board and the board shall
have authority to take evidence in any matter cognizable by it. The
board shall keep an official record of its proceedings, a part of
which record shall consist of a register of all applicants for
certificates under this act together with the action of the board
upon each application.
The board shall have the power to employ legal counsel to advise
and assist it in connection with all matters cognizable by the board
or in connection with any litigation or legal proceedings instituted
by or against the board and may also employ clerical assistance as it
may deem necessary to carry into effect this act. The board may fix
the compensation to be paid
for those services and may incur other expense as it may deem
necessary; provided, however, that all of that expense shall be
payable only from the fund hereinbefore provided for and to be known
as the Osteopathic Medical Board of California Contingent Fund.
This section shall remain in effect only until January 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2013, deletes or extends that date.
SEC. 70. Section 1 of the act cited in the title is added to read:
A self-sustaining Osteopathic Medical Board of California to
consist of five members and to be known as the "Osteopathic Medical
Board of California" is hereby created and established. The Governor
shall appoint the members of the board, each of whom shall have been
a citizen of this state and in active practice for at least five
years next preceding his or her appointment. Each of the members
shall be appointed from among persons who are graduates of
osteopathic schools who hold unrevoked physician's and surgeon's D.O.
licenses or certificates to practice in this state. No one residing
or practicing outside of this state may be appointed to, or sit as a
member of, the board. The Governor shall fill by appointment all
vacancies on the board for the unexpired term. The term of office of
each member shall be three years; provided, that of the first board
appointed, one shall be appointed for one year, two for two years,
and two for three years, and that thereafter all appointments shall
be for three years, except that appointments to fill vacancies shall
be for the unexpired term only. No member shall serve for more than
three full consecutive terms. The Governor shall have power to remove
from office any member of the board for neglect of duty required by
the Osteopathic Act or Medical Practice Act, for no longer complying
with the residency or practice requirements of this section, for
incompetency, or for unprofessional conduct. Each member of the board
shall, before entering upon the duties of his or her office, take
the constitutional oath of office. All fees collected on behalf of
the Osteopathic Medical Board of California and all receipts of every
kind and nature, shall be reported at the beginning of each month
for the month preceding, to the Controller and at the same time the
entire amount must be paid into the State Treasury and shall be
credited to a fund to be known as the Osteopathic Medical Board of
California Contingent Fund, which fund is hereby created. The
contingent fund shall be for the use of the Osteopathic Medical Board
of California and out of it and not otherwise shall be paid all
expenses of the board. Each member of the board shall receive a per
diem and expenses as provided in Section 103, provided the fees and
other receipts of the board are sufficient to meet this expense.
The Governor shall appoint the members of the board within 30 days
after this act takes effect. The board shall be organized within 60
days after the appointment of its members by the Governor by electing
from its number a president, vice president, and a secretary who
shall also be the treasurer, who shall hold their respective
positions during the pleasure of the board. The board shall hold one
meeting during the first quarter of each calendar year at a time and
place designated by the board with power of adjournment from time to
time until its business is concluded. Special meetings of the board
may be held at such time and place as the board may designate. Notice
of each regular or special meeting shall be given twice a week for
two weeks next preceding each meeting in one daily paper published in
the City of San Francisco, one published in the City of Sacramento,
and one published in the City of Los Angeles which notice shall also
specify the time and place of holding the examination of applicants.
The secretary of the board upon an authorization from the president
of the board, or the chairperson of the committee may call meetings
of any duly appointed committee of the board at a specified time and
place and it shall not be necessary to advertise those committee
meetings. The board shall receive through its secretary applications
for certificates to be issued by the board and shall, on or before
the first day of January in each year transmit to the Governor a full
report of all its proceedings together with a report of its receipts
and disbursements.
The office of the board shall be in the City of Sacramento.
Suboffices may be established in Los Angeles and San Francisco and
records as may be necessary may be transferred temporarily to those
suboffices. Legal proceedings against the board may be instituted in
any one of the three cities.
The board may from time to time adopt rules as may be necessary to
enable it to carry into effect the provisions of this act. It shall
require the affirmative vote of three members of the board to carry
any motion or resolution, to adopt any rules, pass any measure or to
authorize the issuance or the revocation of any certificate. Any
member of the board may administer oaths in all matters pertaining to
the duties of the board and the board shall have authority to take
evidence in any matter cognizable by it. The board shall keep an
official record of its proceedings, a part of which record shall
consist of a register of all applicants for certificates under this
act together with the action of the board upon each application.
The board shall have the power to employ legal counsel to advise
and assist it in connection with all matters cognizable by the board
or in connection with any litigation or legal proceedings instituted
by or against the board and may also employ clerical assistance as it
may deem necessary to carry into effect this act. The board may fix
the compensation to be paid for those services and may incur other
expense as it may deem necessary; provided, however, that all of that
expense shall be payable only from the fund hereinbefore provided
for and to be known as the Osteopathic Medical Board of California
Contingent Fund.
This section shall become operative on January 1, 2013.
SEC. 71. This act addresses the fiscal emergency declared by the
Governor by proclamation on July 1, 2009, pursuant to subdivision (f)
of Section 10 of Article IV of the California Constitution.