BILL NUMBER: AB 2130 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Huber
FEBRUARY 18, 2010
An act to amend Sections 22, 101.1, 1917.2, 2001, 2450.3, 2460,
2531, 2569, 2570.19, 2602, 2607.5, 2701, 2841, 3010.5, 3502.1, 3504,
3685, 3710, 4001, 4615, 4800, 4809.8, 4989, 4990.24, 5000, 5510,
5810, 6510, 6710, 7304, 7501, 8710, 9882, 11506, and 22259 of, to
amend and repeal Section 1601.1 of, to add Sections 7200.2, 7611, and
9815 to, and to repeal Division 1.2 (commencing with Section 473)
of, the Business and Professions Code, and to amend Sections 9148.51
and 9148.52 of the Government Code, relating to professions and
vocations.
LEGISLATIVE COUNSEL'S DIGEST
AB 2130, as introduced, Huber. Professions and vocations: sunset
review.
Existing law establishes the Joint Committee on Boards,
Commissions, and Consumer Protection and, until January 1, 2012,
requires the committee to hold public hearings at specified times and
to evaluate whether a board or regulatory program has demonstrated a
need for its continued existence. Existing law states the intent of
the Legislature that all existing and proposed state boards be
subject to review every 4 years to evaluate and determine whether
each has demonstrated a public need for its continued existence, as
specified.
This bill would abolish the Joint Committee on Boards,
Commissions, and Consumer Protection. The bill would instead make
specified boards and regulatory programs subject to review by the
Joint Sunset Review Committee. The bill would provide that its
provisions would not become operative unless Assembly Bill 1659 is
enacted and establishes the Joint Sunset Review Committee.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22 of the Business and Professions Code is
amended to read:
22. (a) "Board," as used in any provision of this code, refers to
the board in which the administration of the provision is vested,
and unless otherwise expressly provided, shall include "bureau,"
"commission," "committee," "department," "division," "examining
committee," "program," and "agency."
(b) Whenever the regulatory program of a board that is subject to
review by the Joint Sunset Review Committee on
Boards, Commissions, and Consumer Protection , as provided
for in Division 1.2 (commencing with Section 473)
Article 7.5 (commencing with Section 9147.7) of Chapter 1.5 of
Part 1 of Division 2 of Title 2 of the Government Code , is
taken over by the department, that program shall be designated as a
"bureau."
SEC. 2. Section 101.1 of the Business and Professions Code is
amended to read:
101.1. (a) It is the intent of the Legislature that all existing
and proposed consumer-related boards or categories of licensed
professionals be subject to a review every four years to evaluate and
determine whether each board has demonstrated a public need for the
continued existence of that board in accordance with enumerated
factors and standards as set forth in Division 1.2
(commencing with Section 473) Article 7.5 (commencing
with Section 9147.7) of Chapter 1.5 of Part 1 of Division 2 of Title
2 of the Government Code .
(b) (1) In the event that If any
board, as defined in Section 477 22 ,
becomes inoperative or is repealed in accordance with the act that
added this section, or by subsequent acts, the Department of Consumer
Affairs shall succeed to and is vested with all the duties, powers,
purposes, responsibilities and jurisdiction not otherwise repealed or
made inoperative of that board and its executive officer.
(2) Any provision of existing law that provides for the
appointment of board members and specifies the qualifications and
tenure of board members shall not be implemented and shall have no
force or effect while that board is inoperative or repealed. Every
reference to the inoperative or repealed board, as defined in Section
477 22 , shall be deemed to be a
reference to the department.
(3) Notwithstanding Section 107, any provision of law authorizing
the appointment of an executive officer by a board subject to the
review described in Division 1.2 (commencing with Section
473) Article 7.5 (commencing with Section 9147.7) of
Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code
, or prescribing his or her duties, shall not be implemented
and shall have no force or effect while the applicable board is
inoperative or repealed. Any reference to the executive officer of an
inoperative or repealed board shall be deemed to be a reference to
the director or his or her designee.
(c) It is the intent of the Legislature that subsequent
legislation to extend or repeal the inoperative date for any board
shall be a separate bill for that purpose.
SEC. 3. Division 1.2 (commencing with Section 473) of the Business
and Professions Code is repealed.
SEC. 4. Section 1601.1 of the Business and Professions Code, as
added by Section 1 of Chapter 35 of the Statutes of 2008, is amended
to read:
1601.1. (a) There shall be in the Department of Consumer Affairs
the Dental Board of California in which the administration of this
chapter is vested. The board shall consist of eight practicing
dentists, one registered dental hygienist, one registered dental
assistant, and four public members. Of the eight practicing dentists,
one shall be a member of a faculty of any California dental college,
and one shall be a dentist practicing in a nonprofit community
clinic. The appointing powers, described in Section 1603, may appoint
to the board a person who was a member of the prior board. The board
shall be organized into standing committees dealing with
examinations, enforcement, and other subjects as the board deems
appropriate.
(b) For purposes of this chapter, any reference in this chapter to
the Board of Dental Examiners shall be deemed to refer to the Dental
Board of California.
(c) The board shall have all authority previously vested in the
existing board under this chapter. The board may enforce all
disciplinary actions undertaken by the previous board.
(d) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section
473) Article 7.5 (commencing with Section 9147.7) of
Chapter 1.5 of Part 1 of Division 2 of Title 2 of the
Government Code .
SEC. 5. Section 1601.1 of the Business and Professions Code, as
added by Section 3 of Chapter 31 of the Statutes of 2008, is
repealed.
1601.1. (a) There shall be in the Department of Consumer Affairs
the Dental Board of California in which the administration of this
chapter is vested. The board shall consist of eight practicing
dentists, one registered dental hygienist, one registered dental
assistant, and four public members. Of the eight practicing dentists,
one shall be a member of a faculty of any California dental college
and one shall be a dentist practicing in a nonprofit community
clinic. The appointing powers, described in Section 1603, may appoint
to the board a person who was a member of the prior board. The board
shall be organized into standing committees dealing with
examinations, enforcement, and other subjects as the board deems
appropriate.
(b) For purposes of this chapter, any reference in this chapter to
the Board of Dental Examiners shall be deemed to refer to the Dental
Board of California.
(c) The board shall have all authority previously vested in the
existing board under this chapter. The board may enforce all
disciplinary actions undertaken by the previous board.
(d) This section shall remain in effect only until January 1,
2012, and as of that date, is repealed, unless a later enacted
statute that is enacted before January 1, 2012, deletes or extends
that date. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).
SEC. 6. Section 1917.2 of the Business and Professions Code is
amended to read:
1917.2. (a) The committee shall license as a registered dental
hygienist a third- or fourth-year dental student who is in good
standing at an accredited California dental school and who satisfies
the following requirements:
(1) Satisfactorily performs on a clinical examination and an
examination in California law and ethics as prescribed by the
committee.
(2) Satisfactorily completes a national written dental hygiene
examination approved by the committee.
(b) A dental student who is granted a registered dental hygienist
license pursuant to this section may only practice in a dental
practice that serves patients who are insured under Denti-Cal, the
Healthy Families Program, or other government programs, or a dental
practice that has a sliding scale fee system based on income.
(c) Upon receipt of a license to practice dentistry pursuant to
Section 1634, a registered dental hygienist license issued pursuant
to this subdivision section is
automatically revoked.
(d) The dental hygienist license is granted for two years upon
passage of the dental hygiene examination, without the ability for
renewal.
(e) Notwithstanding subdivision (d), if a dental student fails to
remain in good standing at an accredited California dental school, or
fails to graduate from the dental program, a registered dental
hygienist license issued pursuant to this section shall be revoked.
The student shall be responsible for submitting appropriate verifying
documentation to the committee.
(f) The provisions of this section shall be reviewed pursuant to
Division 1.2 (commencing with Section 473)
Article 7.5 (commencing with Section 9147.7) of Chapter 1.5 of Part 1
of Division 2 of Title 2 of the Government Code . However, the
review shall be limited to the fiscal feasibility and impact on the
committee.
(g) This section shall become inoperative as of
on January 1, 2012.
SEC. 7. Section 2001 of the Business and Professions Code is
amended to read:
2001. (a) There is in the Department of Consumer Affairs a
Medical Board of California that consists of 15 members, seven of
whom shall be public members.
(b) The Governor shall appoint 13 members to the board, subject to
confirmation by the Senate, five of whom shall be public members.
The Senate Committee on Rules and the Speaker of the Assembly shall
each appoint a public member.
(c) Notwithstanding any other provision of law, to reduce the
membership of the board to 15, the following shall occur:
(1) Two positions on the board that are public members having a
term that expires on June 1, 2010, shall terminate instead on January
1, 2008.
(2) Two positions on the board that are not public members having
a term that expires on June 1, 2008, shall terminate instead on
August 1, 2008.
(3) Two positions on the board that are not public members having
a term that expires on June 1, 2011, shall terminate instead on
January 1, 2008.
(d) 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. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section
473) Article 7.5 (commencing with Section 9147.7)
of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the
Government Code .
SEC. 8. Section 2450.3 of the Business and Professions Code is
amended 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)
Article 7.5 (commencing with Section 9147.7) of
Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code
.
SEC. 9. Section 2460 of the Business and Professions Code is
amended to read:
2460. (a) There is created within the jurisdiction of the Medical
Board of California the California Board of Podiatric Medicine.
(b) 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. The repeal of this section renders the California Board of
Podiatric Medicine subject to the review required by
Division 1.2 (commencing with Section 473) Article 7.5
(commencing with Section 9147.7) of Chapter 1.5 of Part 1 of
Division 2 of Title 2 of the Government Code .
SEC. 10. Section 2531 of the Business and Professions Code is
amended to read:
2531. (a) There is in the Department of Consumer Affairs a
Speech-Language Pathology and Audiology and Hearing Aid Dispensers
Board in which the enforcement and administration of this chapter are
vested. The Speech-Language Pathology and Audiology and Hearing Aid
Dispensers Board shall consist of nine members, three of whom shall
be public members.
(b) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section
473) Article 7.5 (commencing with Section 9147.7) of
Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code
.
SEC. 11. Section 2569 of the Business and Professions Code is
amended to read:
2569. The powers and duties of the board, as set forth in this
chapter, shall be subject to the review required by Division
1.2 (commencing with Section 473) Article 7.5
(commencing with Section 9147.7) of Chapter 1.5 of Part 1 of Division
2 of Title 2 of the Government Code . The review
shall be performed as if this chapter were scheduled to become
inoperative on July 1, 2003, and would be repealed as of January 1,
2004, as described in Section 473.1.
SEC. 12. Section 2570.19 of the Business and Professions Code is
amended to read:
2570.19. (a) There is hereby created a California Board of
Occupational Therapy, hereafter referred to as the board. The board
shall enforce and administer this chapter.
(b) The members of the board shall consist of the following:
(1) Three occupational therapists who shall have practiced
occupational therapy for five years.
(2) One occupational therapy assistant who shall have assisted in
the practice of occupational therapy for five years.
(3) Three public members who shall not be licentiates of the board
or of any board referred to in Section 1000 or 3600.
(c) The Governor shall appoint the three occupational therapists
and one occupational therapy assistant to be members of the board.
The Governor, the Senate Rules Committee, and the Speaker of the
Assembly shall each appoint a public member. Not more than one member
of the board shall be appointed from the full-time faculty of any
university, college, or other educational institution.
(d) All members shall be residents of California at the time of
their appointment. The occupational therapist and occupational
therapy assistant members shall have been engaged in rendering
occupational therapy services to the public, teaching, or research in
occupational therapy for at least five years preceding their
appointments.
(e) The public members may not be or have ever been occupational
therapists or occupational therapy assistants or in training to
become occupational therapists or occupational therapy assistants.
The public members may not be related to, or have a household member
who is, an occupational therapist or an occupational therapy
assistant, and may not have had, within two years of the appointment,
a substantial financial interest in a person regulated by the board.
(f) The Governor shall appoint two board members for a term of one
year, two board members for a term of two years, and one board
member for a term of three years. Appointments made thereafter shall
be for four-year terms, but no person shall be appointed to serve
more than two consecutive terms. Terms shall begin on the first day
of the calendar year and end on the last day of the calendar year or
until successors are appointed, except for the first appointed
members who shall serve through the last calendar day of the year in
which they are appointed, before commencing the terms prescribed by
this section. Vacancies shall be filled by appointment for the
unexpired term. The board shall annually elect one of its members as
president.
(g) The board shall meet and hold at least one regular meeting
annually in the Cities of Sacramento, Los Angeles, and San Francisco.
The board may convene from time to time until its business is
concluded. Special meetings of the board may be held at any time and
place designated by the board.
(h) Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
(i) Members of the board shall receive no compensation for their
services, but shall be entitled to reasonable travel and other
expenses incurred in the execution of their powers and duties in
accordance with Section 103.
(j) The appointing power shall have the power to remove any member
of the board from office for neglect of any duty imposed by state
law, for incompetency, or for unprofessional or dishonorable conduct.
(k) A loan is hereby authorized from the General Fund to the
Occupational Therapy Fund on or after July 1, 2000, in an amount of
up to one million dollars ($1,000,000) to fund operating, personnel,
and other startup costs of the board. Six hundred ten thousand
dollars ($610,000) of this loan amount is hereby appropriated to the
board to use in the 2000-01 fiscal year for the purposes described in
this subdivision. In subsequent years, funds from the Occupational
Therapy Fund shall be available to the board upon appropriation by
the Legislature in the annual Budget Act. The loan shall be repaid to
the General Fund over a period of up to five years, and the amount
paid shall also include interest at the rate accruing to moneys in
the Pooled Money Investment Account. The loan amount and repayment
period shall be minimized to the extent possible based upon actual
board financing requirements as determined by the Department of
Finance.
( l ) This section shall become inoperative on July 1,
2013, and, as of January 1, 2014, is repealed, unless a later enacted
statute that is enacted before January 1, 2014, deletes or extends
the dates on which it becomes inoperative and is repealed. The repeal
of this section renders the board subject to the review required by
Division 1.2 (commencing with Section 473)
Article 7.5 (commencing with Section 9147.7) of Chapter 1.5 of
Part 1 of Division 2 of Title 2 of the Government Code .
SEC. 13. Section 2602 of the Business and Professions Code is
amended to read:
2602. The Physical Therapy Board of California, hereafter
referred to as the board, shall enforce and administer this chapter.
This section shall become inoperative on July 1, 2013, and, as of
January 1, 2014, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2014, deletes or extends
the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473)
Article 7.5 (commencing with Section 9147.7) of
Chapter 1.5 of Part 1 of Division 2 of Title 2 of the
Government Code .
SEC. 14. Section 2607.5 of the Business and Professions Code is
amended to read:
2607.5. The board may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board and
vested in him or her by this chapter.
This section shall become inoperative on July 1, 2013, and, as of
January 1, 2014, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2014, deletes or extends
the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
SEC. 15. Section 2701 of the Business and Professions Code is
amended to read:
2701. (a) There is in the Department of Consumer Affairs the
Board of Registered Nursing consisting of nine members.
(b) Within the meaning of this chapter, board, or the board,
refers to the Board of Registered Nursing. Any reference in state law
to the Board of Nurse Examiners of the State of California or
California Board of Nursing Education and Nurse Registration shall be
construed to refer to the Board of Registered Nursing.
(c) 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. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section
473) Article 7.5 (commencing with Section 9147.7) of
Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code
.
SEC. 16. Section 2841 of the Business and Professions Code is
amended to read:
2841. (a) There is in the Department of Consumer Affairs a Board
of Vocational Nursing and Psychiatric Technicians of the State of
California, consisting of 11 members.
(b) Within the meaning of this chapter, "board," or "the board,"
refers to the Board of Vocational Nursing and Psychiatric Technicians
of the State of California.
(c) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section
473) Article 7.5 (commencing with Section 9147.7) of
Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code
.
SEC. 17. Section 3010.5 of the Business and Professions Code is
amended to read:
3010.5. (a) There is in the Department of Consumer Affairs a
State Board of Optometry in which the enforcement of this chapter is
vested. The board consists of 11 members, five of whom shall be
public members.
Six members of the board shall constitute a quorum.
(b) The board shall, with respect to conducting investigations,
inquiries, and disciplinary actions and proceedings, have the
authority previously vested in the board as created pursuant to
Section 3010. The board may enforce any disciplinary actions
undertaken by that board.
(c) 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. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section
473) Article 7.5 (commencing with Section 9147.7) of
Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code
.
SEC. 18. Section 3502.1 of the Business and Professions Code is
amended to read:
3502.1. (a) In addition to the services authorized in the
regulations adopted by the board, and except as prohibited by Section
3502, while under the supervision of a licensed physician and
surgeon or physicians and surgeons authorized by law to supervise a
physician assistant, a physician assistant may administer or provide
medication to a patient, or transmit orally, or in writing on a
patient's record or in a drug order, an order to a person who may
lawfully furnish the medication or medical device pursuant to
subdivisions (c) and (d).
(1) A supervising physician and surgeon who delegates authority to
issue a drug order to a physician assistant may limit this authority
by specifying the manner in which the physician assistant may issue
delegated prescriptions.
(2) Each supervising physician and surgeon who delegates the
authority to issue a drug order to a physician assistant shall first
prepare and adopt, or adopt, a written, practice specific, formulary
and protocols that specify all criteria for the use of a particular
drug or device, and any contraindications for the selection.
Protocols for Schedule II controlled substances shall address the
diagnosis of illness, injury, or condition for which the Schedule II
controlled substance is being administered, provided, or issued. The
drugs listed in the protocols shall constitute the formulary and
shall include only drugs that are appropriate for use in the type of
practice engaged in by the supervising physician and surgeon. When
issuing a drug order, the physician assistant is acting on behalf of
and as an agent for a supervising physician and surgeon.
(b) "Drug order" for purposes of this section means an order for
medication that is dispensed to or for a patient, issued and signed
by a physician assistant acting as an individual practitioner within
the meaning of Section 1306.02 of Title 21 of the Code of Federal
Regulations. Notwithstanding any other provision of law, (1) a drug
order issued pursuant to this section shall be treated in the same
manner as a prescription or order of the supervising physician, (2)
all references to "prescription" in this code and the Health and
Safety Code shall include drug orders issued by physician assistants
pursuant to authority granted by their supervising physicians and
surgeons, and (3) the signature of a physician assistant on a drug
order shall be deemed to be the signature of a prescriber for
purposes of this code and the Health and Safety Code.
(c) A drug order for any patient cared for by the physician
assistant that is issued by the physician assistant shall either be
based on the protocols described in subdivision (a) or shall be
approved by the supervising physician and surgeon before it is filled
or carried out.
(1) A physician assistant shall not administer or provide a drug
or issue a drug order for a drug other than for a drug listed in the
formulary without advance approval from a supervising physician and
surgeon for the particular patient. At the direction and under the
supervision of a physician and surgeon, a physician assistant may
hand to a patient of the supervising physician and surgeon a properly
labeled prescription drug prepackaged by a physician and surgeon,
manufacturer as defined in the Pharmacy Law, or a pharmacist.
(2) A physician assistant may not administer, provide, or issue a
drug order to a patient for Schedule II through Schedule V controlled
substances without advance approval by a supervising physician and
surgeon for that particular patient unless the physician assistant
has completed an education course that covers controlled substances
and that meets standards, including pharmacological content, approved
by the committee. The education course shall be provided either by
an accredited continuing education provider or by an approved
physician assistant training program. If the physician assistant will
administer, provide, or
issue a drug order for Schedule II controlled substances, the course
shall contain a minimum of three hours exclusively on Schedule II
controlled substances. Completion of the requirements set forth in
this paragraph shall be verified and documented in the manner
established by the committee prior to the physician assistant's use
of a registration number issued by the United States Drug Enforcement
Administration to the physician assistant to administer, provide, or
issue a drug order to a patient for a controlled substance without
advance approval by a supervising physician and surgeon for that
particular patient.
(3) Any drug order issued by a physician assistant shall be
subject to a reasonable quantitative limitation consistent with
customary medical practice in the supervising physician and surgeon's
practice.
(d) A written drug order issued pursuant to subdivision (a),
except a written drug order in a patient's medical record in a health
facility or medical practice, shall contain the printed name,
address, and phone number of the supervising physician and surgeon,
the printed or stamped name and license number of the physician
assistant, and the signature of the physician assistant. Further, a
written drug order for a controlled substance, except a written drug
order in a patient's medical record in a health facility or a medical
practice, shall include the federal controlled substances
registration number of the physician assistant and shall otherwise
comply with the provisions of Section 11162.1 of the Health and
Safety Code. Except as otherwise required for written drug orders for
controlled substances under Section 11162.1 of the Health and Safety
Code, the requirements of this subdivision may be met through
stamping or otherwise imprinting on the supervising physician and
surgeon's prescription blank to show the name, license number, and if
applicable, the federal controlled substances number of the
physician assistant, and shall be signed by the physician assistant.
When using a drug order, the physician assistant is acting on behalf
of and as the agent of a supervising physician and surgeon.
(e) The medical record of any patient cared for by a physician
assistant for whom the physician assistant's Schedule II drug order
has been issued or carried out shall be reviewed and countersigned
and dated by a supervising physician and surgeon within seven days.
(f) All physician assistants who are authorized by their
supervising physicians to issue drug orders for controlled substances
shall register with the United States Drug Enforcement
Administration (DEA).
(g) The committee shall consult with the Medical Board of
California and report during its sunset review required by
Division 1.2 (commencing with Section 473) Article 7.5
(commencing with Section 9147.7) of Chapter 1.5 of Part 1 of
Division 2 of Title 2 of the Government Code the impacts of
exempting Schedule III and Schedule IV drug orders from the
requirement for a physician and surgeon to review and countersign the
affected medical record of a patient.
SEC. 19. Section 3504 of the Business and Professions Code is
amended to read:
3504. There is established a Physician Assistant Committee of the
Medical Board of California. The committee consists of nine members.
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. The repeal
of this section renders the committee subject to the review required
by Division 1.2 (commencing with Section 473)
Article 7.5 (commencing with Section 9147.7) of Chapter 1.5 of
Part 1 of Division 2 of Title 2 of the Government Code .
SEC. 20. Section 3685 of the Business and Professions Code is
amended to read:
3685. (a) The repeal of this chapter renders
the committee subject to the review required by Division 1.2
(commencing with Section 473) Article 7.5 (commencing
with Section 9147.7) of Chapter 1.5 of Part 1 of Division 2 of Title
2 of the Government Code .
(b) The committee shall prepare the report required by Section
473.2 no later than September 1, 2010.
SEC. 21. Section 3710 of the Business and Professions Code is
amended to read:
3710. (a) The Respiratory Care Board of California, hereafter
referred to as the board, shall enforce and administer this chapter.
(b) 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. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section
473) Article 7.5 (commencing with Section 9147.7) of
Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code
.
SEC. 22. Section 4001 of the Business and Professions Code is
amended to read:
4001. (a) There is in the Department of Consumer Affairs a
California State Board of Pharmacy in which the administration and
enforcement of this chapter is vested. The board consists of 13
members.
(b) The Governor shall appoint seven competent pharmacists who
reside in different parts of the state to serve as members of the
board. The Governor shall appoint four public members, and the Senate
Committee on Rules and the Speaker of the Assembly shall each
appoint a public member who shall not be a licensee of the board, any
other board under this division, or any board referred to in Section
1000 or 3600.
(c) At least five of the seven pharmacist appointees to the board
shall be pharmacists who are actively engaged in the practice of
pharmacy. Additionally, the membership of the board shall include at
least one pharmacist representative from each of the following
practice settings: an acute care hospital, an independent community
pharmacy, a chain community pharmacy, and a long-term health care or
skilled nursing facility. The pharmacist appointees shall also
include a pharmacist who is a member of a labor union that represents
pharmacists. For the purposes of this subdivision, a "chain
community pharmacy" means a chain of 75 or more stores in California
under the same ownership, and an "independent community pharmacy"
means a pharmacy owned by a person or entity who owns no more than
four pharmacies in California.
(d) Members of the board shall be appointed for a term of four
years. No person shall serve as a member of the board for more than
two consecutive terms. Each member shall hold office until the
appointment and qualification of his or her successor or until one
year shall have elapsed since the expiration of the term for which
the member was appointed, whichever first occurs. Vacancies occurring
shall be filled by appointment for the unexpired term.
(e) Each member of the board shall receive a per diem and expenses
as provided in Section 103.
(f) In accordance with Sections 101.1 and 473.1, this
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. The repeal of this section renders the board
subject to the review required by Division 1.2 (commencing
with Section 473) Article 7.5 (commencing with Section
9147.7) of Chapter 1.5 of Part 1 of Divisio n 2 of Title
2 of the Government Code .
SEC. 23. Section 4615 of the Business and Professions Code is
amended to read:
4615. This chapter shall be subject to the review required by
Division 1.2 (commencing with Section 473)
Article 7.5 (commencing with Section 9147.7) of Chapter 1.5 of Part 1
of Division 2 of Title 2 of the Government Code .
SEC. 24. Section 4800 of the Business and Professions Code is
amended to read:
4800. There is in the Department of Consumer Affairs a Veterinary
Medical Board in which the administration of this chapter is vested.
The board consists of seven members, three of whom shall be public
members.
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.
The repeal of this section renders the board subject to the review
provided for by Division 1.2 (commencing with Section 473)
Article 7.5 (commencing with Section 9147.7) of
Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code
.
SEC. 25. Section 4809.8 of the Business and Professions Code is
amended to read:
4809.8. (a) The board shall appoint a voluntary, advisory
multidisciplinary committee to assist, advise, and make
recommendations for the implementation of rules and regulations
necessary to ensure proper administration and enforcement of this
chapter. Members of the committee shall be appointed from lists of
nominees solicited by the board. The committee shall consist of no
more than nine members.
(b) The committee shall be subject to the requirements of Article
9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division
3 of Title 2 of the Government Code.
(c) Committee members shall receive a per diem as provided in
Section 103 and shall be compensated for their actual travel expenses
in accordance with the rules and regulations adopted by the
Department of Personnel Administration.
(d) This section shall become inoperative on July 1, 2011, and as
of January 1, 2012, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2012, deletes or extends
the dates on which it becomes inoperative and is repealed. The repeal
of this section renders the committee subject to the review required
by Division 1.2 (commencing with Section 473)
Article 7.5 (commencing with Section 9147.7) of Chapter 1.5 of
Part 1 of Division 2 of Title 2 of the Government Code .
SEC. 26. Section 4989 of the Business and Professions Code is
amended to read:
4989. The powers and duties of the board, as set forth in this
chapter, shall be subject to the review required by Division
1.2 (commencing with Section 473). The review shall be performed as
if this chapter were scheduled to become inoperative on July 1, 2005,
and would be repealed as of January 1, 2006, as described in Section
473.1 Article 7.5 (commencing with Section 9147.7) of
Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government
Code .
SEC. 27. Section 4990.24 of the Business and Professions Code is
amended to read:
4990.24. The powers and duties of the board, as set forth in this
chapter, shall be subject to the review required by
Division 1.2 (commencing with Section 473) Article 7.5
(commencing with Section 9147.7) of Chapter 1.5 of Part 1 of
Division 2 of Title 2 of the Government Code .
SEC. 28. Section 5000 of the Business and Professions Code is
amended to read:
5000. There is in the Department of Consumer Affairs the
California Board of Accountancy, which consists of 15 members, seven
of whom shall be licensees, and eight of whom shall be public members
who shall not be licentiates of the board or registered by the
board. The board has the powers and duties conferred by this chapter.
The Governor shall appoint four of the public members, and the
seven licensee members as provided in this section. The Senate Rules
Committee and the Speaker of the Assembly shall each appoint two
public members. In appointing the seven licensee members, the
Governor shall appoint members representing a cross section of the
accounting profession with at least two members representing a small
public accounting firm. For the purposes of this chapter, a small
public accounting firm shall be defined as a professional firm that
employs a total of no more than four licensees as partners, owners,
or full-time employees in the practice of public accountancy within
the State of California.
This section shall become inoperative on July 1, 2011, and as of
January 1, 2012, is repealed, unless a later enacted statute, that
becomes effective on or before January 1, 2012, deletes or extends
the dates on which this section becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473)
Article 7.5 (commencing with Section 9147.7) of
Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code
. However, the review of the board shall be limited to reports
or studies specified in this chapter and those issues identified by
the Joint Sunset Review Committee on Boards,
Commissions, and Consumer Protection and the board
regarding the implementation of new licensing requirements.
SEC. 29. Section 5510 of the Business and Professions Code is
amended to read:
5510. There is in the Department of Consumer Affairs a California
Architects Board which consists of 10 members.
Any reference in law to the California Board of Architectural
Examiners shall mean the California Architects Board.
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. The repeal
of this section renders the board subject to the review required by
Division 1.2 (commencing with Section 473)
Article 7.5 (commencing with Section 9147.7) of Chapter 1.5 of Part 1
of Division 2 of Title 2 of the Government Code .
SEC. 30. Section 5810 of the Business and Professions Code is
amended to read:
5810. (a) This chapter shall be subject to the review required by
Division 1.2 (commencing with Section 473)
Article 7.5 (commencing with Section 9147.7) of Chapter 1.5 of Part 1
of Division 2 of Title 2 of the Government Code .
(b) This chapter 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. 31. Section 6510 of the Business and Professions Code is
amended to read:
6510. (a) There is within the jurisdiction of the department the
Professional Fiduciaries Bureau. The bureau is under the supervision
and control of the director. The duty of enforcing and administering
this chapter is vested in the chief of the bureau, who is responsible
to the director. Every power granted or duty imposed upon the
director under this chapter may be exercised or performed in the name
of the director by a deputy director or by the chief, subject to
conditions and limitations as the director may prescribe.
(b) The Governor shall appoint, subject to confirmation by the
Senate, the 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.
(c) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2011
2012 , deletes or extends the dates on which it
becomes inoperative and is repealed. The repeal of this section
renders the bureau subject to the review required by
Division 1.2 (commencing with Section 473) Article 7.5
(commencing with Section 9147.7) of Chapter 1.5 of Part 1 of
Division 2 of Title 2 of the Government Code .
Notwithstanding any other provision of law, upon the repeal of
this section, the responsibilities and jurisdiction of the bureau
shall be transferred to the Professional Fiduciaries Advisory
Committee, as provided by Section 6511.
SEC. 32. Section 6710 of the Business and Professions Code is
amended to read:
6710. (a) There is in the Department of Consumer Affairs a Board
for Professional Engineers and Land Surveyors, which consists of 13
members.
(b) Any reference in any law or regulation to the Board of
Registration for Professional Engineers and Land Surveyors is deemed
to refer to the Board for Professional Engineers and Land Surveyors.
(c) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes effective on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473)
Article 7.5 (commencing with Section 9147.7) of
Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code
.
SEC. 33. Section 7200.2 is added to the Business and Professions
Code, to read:
7200.2. The board shall be subject to the review required by
Article 7.5 (commencing with Section 9147.7) of Chapter 1.5 of Part 1
of Division 2 of Title 2 of the Government Code.
SEC. 34. Section 7304 of the Business and Professions Code is
amended to read:
7304. The board shall be subject to review pursuant to
Division 1.2 (commencing with Section 473) Article 7.5
(commencing with Section 9147.7) of Chapter 1.5 of Part 1 of
Division 2 of Title 2 of the Government Code .
SEC. 35. Section 7501 of the Business and Professions Code is
amended to read:
7501. (a) There is in the Department of
Consumer Affairs a Bureau of Security and Investigative Services. The
bureau is under the supervision and control of the director. The
director shall administer and enforce the provisions of this chapter.
(b) The bureau shall be subject to the review required by Article
7.5 (commencing with Section 9147.7) of Chapter 1.5 of Part 1 of
Division 2 of Title 2 of the Government Code.
SEC. 36. Section 7611 is added to the Business and Professions
Code, to read:
7611. The bureau shall be subject to the review required by
Article 7.5 (commencing with Section 9147.7) of Chapter 1.5 of Part 1
of Division 2 of Title 2 of the Government Code.
SEC. 37. Section 8710 of the Business and Professions Code is
amended to read:
8710. (a) The Board for Professional Engineers and Land Surveyors
is vested with power to administer the provisions and requirements
of this chapter, and may make and enforce rules and regulations that
are reasonably necessary to carry out its provisions.
(b) The board may adopt rules and regulations of professional
conduct that are not inconsistent with state and federal law. The
rules and regulations may include definitions of incompetence and
negligence. Every person who holds a license or certificate issued by
the board pursuant to this chapter, or a license or certificate
issued to a civil engineer pursuant to Chapter 7 (commencing with
Section 6700), shall be governed by these rules and regulations.
(c) 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.
The repeal of this section shall render the board subject to the
review required by Division 1.2 (commencing with Section
473) Article 7.5 (commencing with Section 9147.7) of
Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code
.
SEC. 38. Section 9815 is added to the Business and Professions
Code, to read:
9815. The bureau shall be subject to the review required by
Article 7.5 (commencing with Section 9147.7) of Chapter 1.5 of Part 1
of Division 2 of Title 2 of the Government Code.
SEC. 39. Section 9882 of the Business and Professions Code is
amended to read:
9882. (a) There is in the Department of Consumer Affairs a Bureau
of Automotive Repair under the supervision and control of the
director. The duty of enforcing and administering this chapter is
vested in the chief who is responsible to the director. The director
may adopt and enforce those rules and regulations that he or she
determines are reasonably necessary to carry out the purposes of this
chapter and declaring the policy of the bureau, including a system
for the issuance of citations for violations of this chapter as
specified in Section 125.9. These rules and regulations shall be
adopted pursuant to Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
(b) In 2003 and every four years thereafter, the Joint Sunset
Review Committee on Boards, Commissions, and Consumer
Protection shall hold a public hearing to receive
testimony from the Director of Consumer Affairs and the bureau. In
those hearings, the bureau shall have the burden of demonstrating a
compelling public need for the continued existence of the bureau and
its regulatory program, and that its function is the least
restrictive regulation consistent with the public health, safety, and
welfare. The committee shall evaluate and review the effectiveness
and efficiency of the bureau based on factors and minimum
standards of performance that are specified in Section 473.4. The
committee and shall report its findings and
recommendations to the Legislature as specified in
Section 473.5 Article 7.5 (commencing with
Section 9147.7) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of
the Government Code . The bureau shall prepare an analysis and
submit a report to the committee as specified in Section
473.2 subdivision (c) of Section 9147.7 of the
Government Code .
SEC. 40. Section 11506 of the Business and Professions Code is
amended to read:
11506. This part shall be subject to the review required by
Division 1.2 (commencing with Section 473)
Article 7.5 (commencing with Section 9147.7) of Chapter 1.5 of Part 1
of Division 2 of Title 2 of the Government Code . This part
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. 41. Section 22259 of the Business and Professions Code is
amended to read:
22259. This chapter shall be subject to the review required by
Division 1.2 (commencing with Section 473). This
Article 7.5 (commencing with Section 9147.7) of Chapter 1.5 of
Part 1 of Division 2 of Title 2 of the Government Code.
This chapter shall remain in effect only until January
1, 2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 42. Section 9148.51 of the Government Code is amended to
read:
9148.51. (a) It is the intent of the Legislature that all
existing and proposed state boards be subject to review every four
years to evaluate and determine whether each has demonstrated a
public need for its continued existence in accordance with enumerated
factors and standards as set forth in Chapter 2 (commencing
with Section 474) of Division 1.2 of the Business and Professions
Code Article 7.5 (commencing with Section 9147.7)
.
(b) In the event that If
any state board becomes inoperative or is repealed in accordance with
the act that added this section, any provision of existing law that
provides for the appointment of board members and specifies the
qualifications and tenure of board members shall not be implemented
and shall have no force or effect while that state board is
inoperative or repealed.
(c) Any provision of law authorizing the appointment of an
executive officer by a state board subject to the review described in
Chapter 2 (commencing with Section 474) of Division 1.2 of
the Business and Professions Code Article 7.5
(commencing with Section 9147.7) , or prescribing his or her
duties, shall not be implemented and shall have no force or effect
while the applicable state board is inoperative or repealed.
(d) It is the intent of the Legislature that subsequent
legislation to extend or repeal the inoperative date for any state
board shall be a separate bill for that purpose.
SEC. 43. Section 9148.52 of the Government Code is amended to
read:
9148.52. (a) The Joint Sunset Review Committee
on Boards, Commissions, and Consumer Protection
established pursuant to Section 473 of the Business and
Professions Code 9147.7 shall review all state
boards, as defined in Section 9148.2, other than a board
subject to review pursuant to Chapter 1 (commencing with Section 473)
of Division 1.2 of the Business and Professions Code,
every four years.
(b) The committee shall evaluate and make determinations pursuant
to Chapter 2 (commencing with Section 474) of Division 1.2
of the Business and Professions Code Article 7.5
(commencing with Section 9147.7) .
SEC. 44. This act shall not become operative unless Assembly Bill
1659 of the 2009-10 Regular Session is also enacted and becomes
operative on or before January 1, 2011, and adds Article 7.5
(commencing with Section 9147.7) to Chapter 1.5 of Part 1 of Division
2 of Title 2 of the Government Code to establish the Joint Sunset
Review Committee.