BILL NUMBER: SB 819 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 5, 2009
AMENDED IN SENATE APRIL 20, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Committee on Business, Professions and Economic
Development (Negrete McLeod (chair), Aanestad, Corbett, Correa,
Florez, Oropeza, Romero, Walters, Wyland, and Yee)
MARCH 10, 2009
An act to amend Sections 27, 101, 128.5, 144, 146, 149, 683, 733,
800, 801, 801.01, 803, 2089.5, 2096, 2102, 2107, 2135, 2168.4, 2175,
2221, 2307, 2335, 2486, 2488, 2570.5, 2570.6, 2570.7, 2570.185,
2760.1, 3503, 3517, 3518, 3625, 3633.1, 3635,
3636, 3685, 3753.5, 4022.5, 4027, 4040, 4051, 4059.5, 4060, 4062,
4076, 4081, 4110, 4111, 4126.5, 4161, 4174, 4231, 4301, 4305, 4329,
4330, 4857, 4980.30, 4980.43, 4996.2, 4996.17, 4996.18, 5801, 6534,
6536, 6561, 7616, 7629, 8740, and 8746 of, to add Sections 2169,
2570.36, 4036.5, 4980.04, 4990.09, 5515.5, and 9855.15 to, and to
repeal Sections 2172, 2173, 2174, 4981, 4994.1, 4996.20, 4996.21, and
6761 of, the Business and Professions Code, to amend Section 8659 of
the Government Code, to amend Sections 8778.5, 11150, and 11165 of
the Health and Safety Code, and to amend Section 14132.100 of the
Welfare and Institutions Code, relating to professions and vocations,
making an appropriation therefor, and declaring the urgency thereof,
to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 819, as amended, Committee on Business, Professions and
Economic Development. Professions and vocations.
(1) Existing law provides for the licensure and regulation of
various professions and vocations by boards and bureaus within the
Department of Consumer Affairs.
Existing law requires certain boards and bureaus to disclose on
the Internet information on licensees.
This bill would require the Cemetery and Funeral Bureau to
disclose on the Internet information on specified licensees.
(2) Under existing law, if, upon investigation, a specified state
regulatory agency 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 that agency, the agency is authorized to issue a
specified citation.
This bill would add the Physical Therapy Board of California to
those authorized agencies.
Existing law requires specified licensure boards to report to the
State Department of Health Care Services the name and license number
of a person whose license has been revoked, suspended, surrendered,
made inactive, or otherwise restricted, and requires specified
licensure boards to create and maintain a central file of the names
of all persons who hold a license from the board, and to prescribe
and promulgate written complaint forms, as specified.
This bill would also subject the California Board of Occupational
Therapy to these requirements, and would subject the Acupuncture
Board to the requirement to create and maintain a central file of the
names of its licensees and to prescribe and promulgate written
complaint forms, as specified.
Existing law requires specified healing arts licensees, insurers
providing professional liability insurance to those licensees, and
governmental agencies that self-insure those licensees to report
settlements over $30,000 to the licensee's board if the settlement is
for damages for death or personal injury caused by or is based on
the licensee's alleged negligence, error, or omission in practice, or
his or her rendering unauthorized professional services.
This bill would instead require that report if the settlement is
based on the licensee's alleged negligence, error, or omission in
practice in California or rendering unauthorized professional
services in California.
(3) Existing law, the Medical Practice Act, provides for the
licensure and regulation of physicians and surgeons by the Medical
Board of California. The act requires each applicant for a physician
and surgeon's license to meet specified training and examinations
requirements, authorizes the appointment of examination
commissioners, requires that examinations be conducted in English,
except as specified, allows the examinations to be conducted in
specified locations, requires notice of examinations to contain
certain information, and requires examination records to be kept on
file for a period of 2 years or more. The act authorizes a person
whose certificate has been surrendered, revoked, suspended, or placed
on probation, as specified, to petition for reinstatement of the
certificate or modification of the penalty if specified requirements
are met. Under existing law, any person who meets certain eligibility
requirements, including, but not limited to, the requirement that
the person is academically eminent, as defined, may apply for a
special faculty permit that authorizes the holder to practice
medicine, without a physician's and surgeon's certificate, within the
medical school itself and certain affiliated institutions.
This bill would revise the training requirements for a physician
and surgeon's license, and would delete the requirement of passage of
a clinical competency examination that is applicable to certain
applicants. The bill would delete the provisions related to the
appointment of examination commissioners, examinations being
conducted in English and examination interpreters, the location of
examinations, and examination notices. The bill would also delete the
requirement that the board keep examination records on file for at
least 2 years, and would instead require the board to keep state
examination records on file until June 2070. The bill would revise
the requirements for a petition for reinstatement or modification, as
specified. The bill would require the holder of a special faculty
permit to meet the same continuing medical education requirements as
the holder of a physician's and surgeon's certificate and would also
require a special faculty permitholder to show that he or she meets
these requirements at the time of permit renewal.
Existing law provides for the licensure and regulation of
podiatrists by the Board of Podiatric Medicine in the Medical Board
of California. Existing law authorizes the Board of Podiatric
Medicine to issue an order of nonadoption of a proposed decision or
interim order of the Medical Quality Hearing Panel within 90 calendar
days. Existing law requires an applicant for a certificate to
practice podiatric medicine to meet specified application procedures.
This bill would instead authorize the Board of Podiatric Medicine
to issue an order of nonadoption of a proposed decision or interim
order of the Medical Quality Hearing Panel within 100 calendar days.
The bill would revise the application procedures for a certificate to
practice podiatric medicine, as specified.
(4) Existing law, the Occupational Therapy Practice Act, provides
for the licensure of occupational therapists and the certification of
occupational therapy assistants by the California Board of
Occupational Therapy. Existing law requires an occupational therapist
to document his or her evaluation, goals, treatment plan, and
summary of treatment in the patient record. Existing law authorizes a
limited permit to practice occupational therapy to be granted if
specified education and examination requirements are met, but
provides that if the person fails to qualify for or pass the first
announced licensure examination, all limited permit privileges
automatically cease upon due notice. Existing law requires an
applicant applying for a license or certification to file with the
board a written application provided by and satisfactory to the
board, showing that he or she meets certain requirements, including,
but not limited to, successful completion of an educational program's
academic requirements approved by the board and accredited by the
American Occupational Therapy Association's Accreditation Council for
Occupational Therapy Education (ACOTE) and successful completion of
a period of supervised fieldwork experience. Existing law also
specifies the curriculum requirements for an education program for
occupational therapists and occupational therapy assistants.
This bill would require an occupational therapy assistant to
document in the patient record the services provided to the patient,
and would require an occupational therapist or assistant to document
and sign the patient record legibly. The bill would revise the
provisions related to limited permit privileges to instead provide
that a person's failure to pass the licensure examination during the
initial eligibility period would cause the privileges to
automatically cease upon due notice. The bill would require that the
applicant successfully complete the educational program's academic
requirements approved by the board and accredited by ACOTE, or
accredited or approved by the American Occupational Therapy
Association's (AOTA) predecessor organization, or approved by AOTA's
Career Mobility Program. The bill would also revise those curriculum
requirements for an educational program. The bill would authorize an
applicant who is a graduate of an educational program and is unable
to provide evidence of having met the curriculum requirements to
demonstrate passage of a specified examination as evidence of having
successfully satisfied the curriculum requirements. The bill would
require an applicant who completed AOTA's Career Mobility Program to
demonstrate participation in the program and passage of a specified
examination as evidence of having successfully satisfied the
educational program and curriculum requirements. The bill would
revise the supervised fieldwork experience requirement. The bill
would require a licensee to report to the board violations of the
Occupational Therapy Practice Act by licensees or applicants for
licensure and to cooperate with the board, as specified.
(5) Existing law, the Nursing Practice Act, provides for the
licensure and regulation of nurses by the Board of Registered
Nursing. Existing law authorizes a registered nurse whose license is
revoked or suspended, or who is placed on probation, to petition for
reinstatement of his or her license or modification of the penalty
after a specified time period.
This bill would require a petition by a registered nurse whose
initial license application is subject to a disciplinary decision to
be filed after a specified time period from the date upon which his
or her initial license was issued.
(6) Existing law, the Physician Assistant Practice Act, provides
for the licensure and regulation of physician's assistants by the
Physician Assistant Committee of the Medical Board of California.
Existing law authorizes the committee to grant interim approval to an
applicant for licensure as a physician assistant.
This bill would delete that authority to grant interim approval
and would make conforming changes.
(7) Existing law, the Naturopathic Doctors Act, provides for the
licensure and regulation of naturopathic doctors by the Bureau of
Naturopathic Medicine. Existing law authorizes the bureau to
grant a license to a person meeting certain requirements who has
graduated from training prior to 1986 if the application is received
prior to 2008, and requires licensees to obtain continuing
education through specified continuing education courses. Existing
law requires a licensee on inactive status to meet certain
requirements in order to restore his or her license to active status,
including paying a reactivation fee.
This bill would require an application for licensure by a
person who graduated from training prior to 1986 to be received by
the bureau prior to 2011, and would revise the standards
for continuing education courses. The bill would delete the
requirement that a licensee on inactive status pay a reactivation fee
in order to restore his or her license to active status, and would
instead require him or her to be current with all licensing fees.
Existing law authorizes the Director of Consumer Affairs to
establish an advisory council related to naturopathic doctors
composed of members who receive no compensation, travel allowances,
or reimbursement of expenses.
This bill would delete the requirement that the members of the
advisory council receive no compensation, travel allowances, or
reimbursement of expenses.
(8) Existing law provides for the licensure and regulation of
respiratory care practitioners by the Respiratory Care Board of
California. Existing law authorizes the board to direct a
practitioner or applicant who is found to have violated the law to
pay the costs of investigation and prosecution.
This bill would also authorize the board to direct a practitioner
or applicant who is found to have violated a term or condition of
board probation to pay the costs for investigation and prosecution.
Existing law exempts certain healing arts practitioners from
liability for specified services rendered during a state of war,
state of emergency, or local emergency.
This bill would also exempt respiratory care practitioners from
liability for the provision of specified services rendered during a
state of war, state of emergency, or local emergency.
(9) Existing law, the Pharmacy Law, the knowing violation of which
is a crime, provides for the licensure and regulation of pharmacists
and pharmacies by the California State Board of Pharmacy.
Existing law authorizes a pharmacy to furnish dangerous drugs only
to specified persons or entities, and subjects certain pharmacies
and persons who violate the provision to specified fines.
This bill would provide that any violation of this provision by
any person or entity would subject the person to the fine.
Existing law prohibits a person from acting as a wholesaler of any
dangerous drug or device without a license from the board. Existing
law requires a nonresident wholesaler, as defined, to be licensed
prior to shipping, mailing, or delivering dangerous drugs or
dangerous devices to a site located in this state.
This bill would modify that definition and would also require a
nonresident wholesaler to be licensed prior to selling, brokering, or
distributing dangerous drugs or devices within this state. By
subjecting these nonresident wholesalers to these licensure
requirements which include, among other things, payment of specified
fees, the bill would increase that part of the revenue in the
Pharmacy Board Contingent Fund that is continuously appropriated and
would thereby make an appropriation.
Existing law requires a pharmacy or pharmacist who is in charge of
or manages a pharmacy to notify the board within 30 days of
termination of employment of the pharmacist-in-charge or acting as
manager, and provides that a violation of this provision is grounds
for disciplinary action.
This bill would instead provide that failure by a
pharmacist-in-charge or a pharmacy to notify the board in writing
that the pharmacist-in-charge has ceased to act as
pharmacist-in-charge within 30 days constitutes grounds for
disciplinary action, and would also provide that the operation of the
pharmacy for more than 30 days without the supervision or management
by a pharmacist-in-charge constitutes grounds for disciplinary
action. The bill would revise the definition of a designated
representative or designated representative-in-charge, and would
define a pharmacist-in-charge.
Existing law makes a nonpharmacist owner of a pharmacy who commits
acts that would subvert or tend to subvert the efforts of a
pharmacist-in-charge to comply with the Pharmacy Law guilty of a
misdemeanor.
This bill would apply this provision to any pharmacy owner.
The bill would require the board, during a declared federal,
state, or local emergency, to allow for the employment of a mobile
pharmacy in impacted areas under specified conditions, and would
authorize the board to allow the temporary use of a mobile pharmacy
when a pharmacy is destroyed or damaged under specified conditions.
The bill would authorize the board, if a pharmacy fails to provide
documentation substantiating continuing education requirements as
part of a board investigation or audit, to cancel an active pharmacy
license and issue an inactive pharmacy license, and would allow a
pharmacy to reobtain an active pharmacy license if it meets specified
requirements.
Because this bill would impose new requirements and prohibitions
under the Pharmacy Law, the knowing violation of which would be a
crime, it would impose a state-mandated local program.
Existing law requires pharmacies to provide information regarding
certain controlled substances prescriptions to the Department of
Justice on a weekly basis.
This bill would also require a clinic to provide this information
to the Department of Justice on a weekly basis.
(10) Existing law, the Veterinary Medicine Practice Act, provides
for the licensure and regulation of veterinarians by the Veterinary
Medical Board. Existing law prohibits the disclosure of information
about an animal receiving veterinary services, the client responsible
for that animal, or the veterinary care provided to an animal,
except under specified circumstances, including, but not limited to,
as may be required to ensure compliance with any federal, state,
county, or city law or regulation.
This bill would specify that such disclosure is prohibited except
as may be required to ensure compliance with the California Public
Records Act.
(11) Existing law provides for the licensure and regulation of
educational psychologists, clinical social workers, and marriage and
family therapists by the Board of Behavioral Sciences. Existing law
generally provides for a system of citations and fines that are
applicable to healing arts licensees.
This bill would prohibit the board from publishing on the Internet
final determinations of a citation and fine of $1,500 or less for
more than 5 years from the date of issuance of the citation.
(12) Existing law, the Professional Fiduciaries Act, provides for
the licensure and regulation of professional fiduciaries by the
Professional Fiduciaries Bureau until July 1, 2011. Existing law also
requires applicants to provide certain boards and bureaus with a
full set of fingerprints for the purpose of conducting criminal
history record checks. Existing law requires licensees to file and
the bureau to maintain certain information in each licensee's file,
including whether the licensee has ever been removed as a fiduciary
by a court for breach of trust committed intentionally, with gross
negligence, in bad faith, or with reckless indifference, or
demonstrated a pattern of negligent conduct, as specified.
This bill would require the bureau to disclose on the Internet
information on its licensees and would require applicants to the
bureau to comply with that fingerprint requirement. The bill would
require licensees to file and the bureau to maintain information
regarding whether the licensee has ever been removed for cause or
resigned as a conservator, guardian, trustee, or personal
representative, as well as various other details relating to that
removal or resignation. The bill would also make a conforming change.
(13) Existing law, the Architects Practice Act, provides for the
licensure and regulation of architects by the California Architects
Board. Under existing law, the board is composed of 5 architect
members and 5 public members. Existing law requires that each
appointment to the board expire on June 30 of the 4th year following
the year in which the previous term expired.
This bill would modify the term length for certain members of the
board.
(14) Existing law provides a comprehensive scheme for the
certification and regulation of interior designers. Under existing
law, a stamp from an interior design organization certifies that an
interior designer has passed a specified examination and that he or
she has met certain other education or experience requirements, such
as a combination of interior design education and diversified
interior design experience that together total at least 8 years.
This bill would revise that provision by specifying that an
interior designer may meet these requirements by having at least 8
years of interior design education, or at least 8 years of
diversified interior design experience, or a combination of interior
design education and diversified interior design experience that
together total at least 8 years.
(15) Existing law provides for the registration of professional
engineers and the licensure of land surveyors by the Board for
Professional Engineers and Land Surveyors. Under existing law, in
determining the qualifications of an applicant for registration or
licensure, a majority vote of the board is required.
This bill would delete that majority vote requirement.
(16) Existing law, the Funeral Directors and Embalmers Law,
provides for the licensure and regulation of funeral establishments
and directors by the Cemetery and Funeral Bureau. Under existing law,
every funeral establishment holding a funeral director's license on
December 31, 1996, shall, upon application and payment of fees for
renewal, be issued a funeral establishment license.
This bill would delete that provision.
(17) The Electronic and Appliance Repair Dealer Registration Law
provides for registration and regulation of service contractors by
the Bureau of Electronic and Appliance Repair. Existing law makes it
unlawful to act as a service contractor unless that person maintains
a valid registration.
This bill would make it an infraction to violate that provision.
The bill would also make conforming changes. By creating a new crime,
the bill would impose a state-mandated local program.
(18) Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services,
pursuant to which medical benefits are provided to public assistance
recipients and certain other low-income persons. Existing law
provides that federally qualified health center services and rural
health clinic services, as defined, are covered benefits under the
Medi-Cal program, to be reimbursed, to the extent that federal
financial participation is obtained, to providers on a per-visit
basis. For those purposes, a "visit" is defined as a face-to-face
encounter between a patient of a federally qualified health center or
a rural health clinic and a "physician," which is defined to include
a medical doctor, osteopath, podiatrist, dentist, optometrist, and
chiropractor.
This bill would instead provide that the term "physician" includes
a physician and surgeon, podiatrist, dentist, optometrist, and
chiropractor.
(19) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
This
(20) This bill would declare that
it is to take effect immediately as an urgency statute.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 27 of the Business and Professions Code is
amended to read:
27. (a) Every entity specified in subdivision (b) shall provide
on the Internet information regarding the status of every license
issued by that entity in accordance with the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code) and the Information Practices Act
of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of
Part 4 of Division 3 of the Civil Code). The public information to be
provided on the Internet shall include information on suspensions
and revocations of licenses issued by the entity and other related
enforcement action taken by the entity relative to persons,
businesses, or facilities subject to licensure or regulation by the
entity. In providing information on the Internet, each entity shall
comply with the Department of Consumer Affairs Guidelines for Access
to Public Records. The information may not include personal
information, including home telephone number, date of birth, or
social security number. Each entity shall disclose a licensee's
address of record. However, each entity shall allow a licensee to
provide a post office box number or other alternate address, instead
of his or her home address, as the address of record. This section
shall not preclude an entity from also requiring a licensee, who has
provided a post office box number or other alternative mailing
address as his or her address of record, to provide a physical
business address or residence address only for the entity's internal
administrative use and not for disclosure as the licensee's address
of record or disclosure on the Internet.
(b) Each of the following entities within the Department of
Consumer Affairs shall comply with the requirements of this section:
(1) The Acupuncture Board shall disclose information on its
licensees.
(2) The Board of Behavioral Sciences shall disclose information on
its licensees, including marriage and family therapists, licensed
clinical social workers, and licensed educational psychologists.
(3) The Dental Board of California shall disclose information on
its licensees.
(4) The State Board of Optometry shall disclose information
regarding certificates of registration to practice optometry,
statements of licensure, optometric corporation registrations, branch
office licenses, and fictitious name permits of its licensees.
(5) The Board for Professional Engineers and Land Surveyors shall
disclose information on its registrants and licensees.
(6) The Structural Pest Control Board shall disclose information
on its licensees, including applicators, field representatives, and
operators in the areas of fumigation, general pest and wood
destroying pests and organisms, and wood roof cleaning and treatment.
(7) The Bureau of Automotive Repair shall disclose information on
its licensees, including auto repair dealers, smog stations, lamp and
brake stations, smog check technicians, and smog inspection
certification stations.
(8) The Bureau of Electronic and Appliance Repair shall disclose
information on its licensees, including major appliance repair
dealers, combination dealers (electronic and appliance), electronic
repair dealers, service contract sellers, and service contract
administrators.
(9) The Cemetery and Funeral Bureau shall disclose information on
its licensees, including cemetery brokers, cemetery salespersons,
cemetery managers, crematory managers, cemetery authorities,
crematories, cremated remains disposers, embalmers, funeral
establishments, and funeral directors.
(10) The Professional Fiduciaries Bureau shall disclose
information on its licensees.
(11) The Contractors' State License Board shall disclose
information on its licensees in accordance with Chapter 9 (commencing
with Section 7000) of Division 3. In addition to information related
to licenses as specified in subdivision (a), the board shall also
disclose information provided to the board by the Labor Commissioner
pursuant to Section 98.9 of the Labor Code.
(12) The Board of Psychology shall disclose information on its
licensees, including psychologists, psychological assistants, and
registered psychologists.
(c) "Internet" for the purposes of this section has the meaning
set forth in paragraph (6) of subdivision (e) of Section 17538.
SEC. 2. 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 Structural Pest Control Board.
(m) The Bureau of Home Furnishings and Thermal Insulation.
(n) The Board of Registered Nursing.
(o) The Board of Behavioral Sciences.
(p) The State Athletic Commission.
(q) The Cemetery and Funeral Bureau.
(r) The State Board of Guide Dogs for the Blind.
(s) The Bureau of Security and Investigative Services.
(t) The Court Reporters Board of California.
(u) The Board of Vocational Nursing and Psychiatric Technicians.
(v) The Landscape Architects Technical Committee.
(w) The Bureau of Electronic and Appliance Repair.
(x) The Division of Investigation.
(y) The Bureau of Automotive Repair.
(z) The State Board of Registration for Geologists and
Geophysicists.
(aa) The Respiratory Care Board of California.
(ab) The Acupuncture Board.
(ac) The Board of Psychology.
(ad) The California Board of Podiatric Medicine.
(ae) The Physical Therapy Board of California.
(af) The Arbitration Review Program.
(ag) The Hearing Aid Dispensers Bureau.
(ah) The Physician Assistant Committee.
(ai) The Speech-Language Pathology and Audiology Board.
(aj) The California Board of Occupational Therapy.
(ak) The Osteopathic Medical Board of California.
(a) The Bureau of Naturopathic Medicine.
(am) The Dental Hygiene Committee of California.
(an) The Professional Fiduciaries Bureau.
(ao) Any other boards, offices, or officers subject to its
jurisdiction by law.
SEC. 3. Section 128.5 of the Business and Professions Code is
amended to read:
128.5. (a) Notwithstanding any other provision of law, if at the
end of any fiscal year, an agency within the Department of Consumer
Affairs, except the agencies referred to in subdivision (b), has
unencumbered funds in an amount that equals or is more than the
agency's operating budget for the next two fiscal years, the agency
shall reduce license or other fees, whether the license or other fees
be fixed by statute or may be determined by the agency within limits
fixed by statute, during the following fiscal year in an amount that
will reduce any surplus funds of the agency to an amount less than
the agency's operating budget for the next two fiscal years.
(b) Notwithstanding any other provision of law, if at the end of
any fiscal year, the California Architects Board, the Board of
Behavioral Sciences, the Veterinary Medical Board, the Court
Reporters Board of California, the Medical Board of California, the
Board of Vocational Nursing and Psychiatric Technicians, or the
Bureau of Security and Investigative Services has unencumbered funds
in an amount that equals or is more than the agency's operating
budget for the next two fiscal years, the agency shall reduce license
or other fees, whether the license or other fees be fixed by statute
or may be determined by the agency within limits fixed by statute,
during the following fiscal year in an amount that will reduce any
surplus funds of the agency to an amount less than the agency's
operating budget for the next two fiscal years.
SEC. 4. Section 144 of the Business and Professions Code is
amended to read:
144. (a) Notwithstanding any other provision of law, an agency
designated in subdivision (b) shall require an applicant to furnish
to the agency a full set of fingerprints for purposes of conducting
criminal history record checks. Any agency designated in subdivision
(b) may obtain and receive, at its discretion, criminal history
information from the Department of Justice and the United States
Federal Bureau of Investigation.
(b) Subdivision (a) applies to the following:
(1) California Board of Accountancy.
(2) State Athletic Commission.
(3) Board of Behavioral Sciences.
(4) Court Reporters Board of California.
(5) State Board of Guide Dogs for the Blind.
(6) California State Board of Pharmacy.
(7) Board of Registered Nursing.
(8) Veterinary Medical Board.
(9) Registered Veterinary Technician Committee.
(10) Board of Vocational Nursing and Psychiatric Technicians.
(11) Respiratory Care Board of California.
(12) Hearing Aid Dispensers Advisory Commission.
(13) Physical Therapy Board of California.
(14) Physician Assistant Committee of the Medical Board of
California.
(15) Speech-Language Pathology and Audiology Board.
(16) Medical Board of California.
(17) State Board of Optometry.
(18) Acupuncture Board.
(19) Cemetery and Funeral Bureau.
(20) Bureau of Security and Investigative Services.
(21) Division of Investigation.
(22) Board of Psychology.
(23) The California Board of Occupational Therapy.
(24) Structural Pest Control Board.
(25) Contractors' State License Board.
(26) Bureau of Naturopathic Medicine.
(27) The Professional Fiduciaries Bureau.
(c) The provisions of paragraph (24) of subdivision (b) shall
become operative on July 1, 2004. The provisions of paragraph (25) of
subdivision (b) shall become operative on the date on which
sufficient funds are available for the Contractors' State License
Board and the Department of Justice to conduct a criminal history
record check pursuant to this section or on July 1, 2005, whichever
occurs first.
SEC. 5. Section 146 of the Business and Professions Code is
amended to read:
146. (a) Notwithstanding any other provision of law, a violation
of any code section listed in subdivision (c) or (d) is an infraction
subject to the procedures described in Sections 19.6 and 19.7 of the
Penal Code when either of the following applies:
(1) A complaint or a written notice to appear in court pursuant to
Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of
the Penal Code is filed in court charging the offense as an
infraction unless the defendant, at the time he or she is arraigned,
after being advised of his or her rights, elects to have the case
proceed as a misdemeanor.
(2) The court, with the consent of the defendant and the
prosecution, determines that the offense is an infraction in which
event the case shall proceed as if the defendant has been arraigned
on an infraction complaint.
(b) Subdivision (a) does not apply to a violation of the code
sections listed in subdivisions (c) and (d) if the defendant has had
his or her license, registration, or certificate previously revoked
or suspended.
(c) The following sections require registration, licensure,
certification, or other authorization in order to engage in certain
businesses or professions regulated by this code:
(1) Sections 2052 and 2054.
(2) Section 2630.
(3) Section 2903.
(4) Section 3660.
(5) Sections 3760 and 3761.
(6) Section 4080.
(7) Section 4825.
(8) Section 4935.
(9) Section 4980.
(10) Section 4996.
(11) Section 5536.
(12) Section 6704.
(13) Section 6980.10.
(14) Section 7317.
(15) Section 7502 or 7592.
(16) Section 7520.
(17) Section 7617 or 7641.
(18) Subdivision (a) of Section 7872.
(19) Section 8016.
(20) Section 8505.
(21) Section 8725.
(22) Section 9681.
(23) Section 9840.
(24) Subdivision (c) of Section 9891.24.
(25) Section 19049.
(d) Institutions that are required to register with the Bureau for
Private Postsecondary and Vocational Education pursuant to Section
94931 of the Education Code.
(e) Notwithstanding any other provision of law, a violation of any
of the sections listed in subdivision (c) or (d), which is an
infraction, is punishable by a fine of not less than two hundred
fifty dollars ($250) and not more than one thousand dollars ($1,000).
No portion of the minimum fine may be suspended by the court unless
as a condition of that suspension the defendant is required to submit
proof of a current valid license, registration, or certificate for
the profession or vocation the absence of which was the basis for his
or her conviction.
SEC. 6. 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 Funeral Directors and Embalmers Program.
(3) The Veterinary Medical Board.
(4) The Hearing Aid Dispensers Advisory Commission.
(5) The Landscape Architects Technical Committee.
(6) The California Board of Podiatric Medicine.
(7) The Respiratory Care Board of California.
(8) The Bureau of Home Furnishings and Thermal Insulation.
(9) The Bureau of Security and Investigative Services.
(10) The Bureau of Electronic and Appliance Repair.
(11) The Bureau of Automotive Repair.
(12) The Tax Preparers Program.
(13) The California Architects Board.
(14) The Speech-Language Pathology and Audiology Board.
(15) The Board for Professional Engineers and Land Surveyors.
(16) The Board of Behavioral Sciences.
(17) The State Board for Geologists and Geophysicists.
(18) The Structural Pest Control Board.
(19) The Acupuncture Board.
(20) The Board of Psychology.
(21) The California Board of Accountancy.
(22) The Bureau of Naturopathic Medicine.
(23) The Physical Therapy Board of California.
SEC. 7. Section 683 of the Business and Professions Code is
amended to read:
683. (a) A board shall report, within 10 working days, to the
State Department of Health Care Services the name and license number
of a person whose license has been revoked, suspended, surrendered,
made inactive by the licensee, or placed in another category that
prohibits the licensee from practicing his or her profession. The
purpose of the reporting requirement is to prevent reimbursement by
the state for Medi-Cal and Denti-Cal services provided after the
cancellation of a provider's professional license.
(b) "Board," as used in this section, means the Dental Board of
California, the Medical Board of California, the Board of Psychology,
the State Board of Optometry, the California State Board of
Pharmacy, the Osteopathic Medical Board of California, the State
Board of Chiropractic Examiners, and the California Board of
Occupational Therapy.
SEC. 8. Section 733 of the Business and Professions Code is
amended to read:
733. (a) No licentiate shall obstruct a patient in obtaining a
prescription drug or device that has been legally prescribed or
ordered for that patient. A violation of this section constitutes
unprofessional conduct by the licentiate and shall subject the
licentiate to disciplinary or administrative action by his or her
licensing agency.
(b) Notwithstanding any other provision of law, a licentiate shall
dispense drugs and devices, as described in subdivision (a) of
Section 4024, pursuant to a lawful order or prescription unless one
of the following circumstances exists:
(1) Based solely on the licentiate's professional training and
judgment, dispensing pursuant to the order or the prescription is
contrary to law, or the licentiate determines that the prescribed
drug or device would cause a harmful drug interaction or would
otherwise adversely affect the patient's medical condition.
(2) The prescription drug or device is not in stock. If an order,
other than an order described in Section 4019, or prescription cannot
be dispensed because the drug or device is not in stock, the
licentiate shall take one of the following actions:
(A) Immediately notify the patient and arrange for the drug or
device to be delivered to the site or directly to the patient in a
timely manner.
(B) Promptly transfer the prescription to another pharmacy known
to stock the prescription drug or device that is near enough to the
site from which the prescription or order is transferred, to ensure
the patient has timely access to the drug or device.
(C) Return the prescription to the patient and refer the patient.
The licentiate shall make a reasonable effort to refer the patient to
a pharmacy that stocks the prescription drug or device that is near
enough to the referring site to ensure that the patient has timely
access to the drug or device.
(3) The licentiate refuses on ethical, moral, or religious grounds
to dispense a drug or device pursuant to an order or prescription. A
licentiate may decline to dispense a prescription drug or device on
this basis only if the licentiate has previously notified his or her
employer, in writing, of the drug or class of drugs to which he or
she objects, and the licentiate's employer can, without creating
undue hardship, provide a reasonable accommodation of the licentiate'
s objection. The licentiate's employer shall establish protocols that
ensure that the patient has timely access to the prescribed drug or
device despite the licentiate's refusal to dispense the prescription
or order. For purposes of this section, "reasonable accommodation"
and "undue hardship" shall have the same meaning as applied to those
terms pursuant to subdivision (l) of Section 12940 of the Government
Code.
(c) For the purposes of this section, "prescription drug or device"
has the same meaning as the definition in Section 4022.
(d) The provisions of this section shall apply to the drug therapy
described in Section 4052.3.
(e) This section imposes no duty on a licentiate to dispense a
drug or device pursuant to a prescription or order without payment
for the drug or device, including payment directly by the patient or
through a third-party payer accepted by the licentiate or payment of
any required copayment by the patient.
(f) The notice to consumers required by Section 4122 shall include
a statement that describes patients' rights relative to the
requirements of this section.
SEC. 9. Section 800 of the Business and Professions Code is
amended to read:
800. (a) The Medical Board of California, the Board of
Psychology, the Dental Board of California, the Osteopathic Medical
Board of California, the State Board of Chiropractic Examiners, the
Board of Registered Nursing, the Board of Vocational Nursing and
Psychiatric Technicians, the State Board of Optometry, the Veterinary
Medical Board, the Board of Behavioral Sciences, the Physical
Therapy Board of California, the California State Board of Pharmacy,
the Speech-Language Pathology and Audiology Board, the California
Board of Occupational Therapy, and the Acupuncture Board shall each
separately create and maintain a central file of the names of all
persons who hold a license, certificate, or similar authority from
that board. Each central file shall be created and maintained to
provide an individual historical record for each licensee with
respect to the following information:
(1) Any conviction of a crime in this or any other state that
constitutes unprofessional conduct pursuant to the reporting
requirements of Section 803.
(2) Any judgment or settlement requiring the licensee or his or
her insurer to pay any amount of damages in excess of three thousand
dollars ($3,000) for any claim that injury or death was proximately
caused by the licensee's negligence, error or omission in practice,
or by rendering unauthorized professional services, pursuant to the
reporting requirements of Section 801 or 802.
(3) Any public complaints for which provision is made pursuant to
subdivision (b).
(4) Disciplinary information reported pursuant to Section 805.
(b) Each board shall prescribe and promulgate forms on which
members of the public and other licensees or certificate holders may
file written complaints to the board alleging any act of misconduct
in, or connected with, the performance of professional services by
the licensee.
If a board, or division thereof, a committee, or a panel has
failed to act upon a complaint or report within five years, or has
found that the complaint or report is without merit, the central file
shall be purged of information relating to the complaint or report.
Notwithstanding this subdivision, the Board of Psychology, the
Board of Behavioral Sciences, and the Respiratory Care Board of
California shall maintain complaints or reports as long as each board
deems necessary.
(c) The contents of any central file that are not public records
under any other provision of law shall be confidential except that
the licensee involved, or his or her counsel or representative, shall
have the right to inspect and have copies made of his or her
complete file except for the provision that may disclose the identity
of an information source. For the purposes of this section, a board
may protect an information source by providing a copy of the material
with only those deletions necessary to protect the identity of the
source or by providing a comprehensive summary of the substance of
the material. Whichever method is used, the board shall ensure that
full disclosure is made to the subject of any personal information
that could reasonably in any way reflect or convey anything
detrimental, disparaging, or threatening to a licensee's reputation,
rights, benefits, privileges, or qualifications, or be used by a
board to make a determination that would affect a licensee's rights,
benefits, privileges, or qualifications. The information required to
be disclosed pursuant to Section 803.1 shall not be considered among
the contents of a central file for the purposes of this subdivision.
The licensee may, but is not required to, submit any additional
exculpatory or explanatory statement or other information that the
board shall include in the central file.
Each board may permit any law enforcement or regulatory agency
when required for an investigation of unlawful activity or for
licensing, certification, or regulatory purposes to inspect and have
copies made of that licensee's file, unless the disclosure is
otherwise prohibited by law.
These disclosures shall effect no change in the confidential
status of these records.
SEC. 10. Section 801 of the Business and Professions Code is
amended to read:
801. (a) Except as provided in Section 801.01 and subdivisions
(b), (c), and (d) of this section, every insurer providing
professional liability insurance to a person who holds a license,
certificate, or similar authority from or under any agency mentioned
in subdivision (a) of Section 800 shall send a complete report to
that agency as to any settlement or arbitration award over three
thousand dollars ($3,000) of a claim or action for damages for death
or personal injury caused by that person's negligence, error, or
omission in practice, or by his or her rendering of unauthorized
professional services. The report shall be sent within 30 days after
the written settlement agreement has been reduced to writing and
signed by all parties thereto or within 30 days after service of the
arbitration award on the parties.
(b) Every insurer providing professional liability insurance to a
person licensed pursuant to Chapter 13 (commencing with Section 4980)
or Chapter 14 (commencing with Section 4990) shall send a complete
report to the Board of Behavioral Sciences as to any settlement or
arbitration award over ten thousand dollars ($10,000) of a claim or
action for damages for death or personal injury caused by that person'
s negligence, error, or omission in practice, or by his or her
rendering of unauthorized professional services. The report shall be
sent within 30 days after the written settlement agreement has been
reduced to writing and signed by all parties thereto or within 30
days after service of the arbitration award on the parties.
(c) Every insurer providing professional liability insurance to a
dentist licensed pursuant to Chapter 4 (commencing with Section 1600)
shall send a complete report to the Dental Board of California as to
any settlement or arbitration award over ten thousand dollars
($10,000) of a claim or action for damages for death or personal
injury caused by that person's negligence, error, or omission in
practice, or rendering of unauthorized professional services. The
report shall be sent within
30 days after the written settlement agreement has been reduced to
writing and signed by all parties thereto or within 30 days after
service of the arbitration award on the parties.
(d) Every insurer providing liability insurance to a veterinarian
licensed pursuant to Chapter 11 (commencing with Section 4800) shall
send a complete report to the Veterinary Medical Board of any
settlement or arbitration award over ten thousand dollars ($10,000)
of a claim or action for damages for death or injury caused by that
person's negligence, error, or omission in practice, or rendering of
unauthorized professional service. The report shall be sent within 30
days after the written settlement agreement has been reduced to
writing and signed by all parties thereto or within 30 days after
service of the arbitration award on the parties.
(e) The insurer shall notify the claimant, or if the claimant is
represented by counsel, the insurer shall notify the claimant's
attorney, that the report required by subdivision (a), (b), or (c)
has been sent to the agency. If the attorney has not received this
notice within 45 days after the settlement was reduced to writing and
signed by all of the parties, the arbitration award was served on
the parties, or the date of entry of the civil judgment, the attorney
shall make the report to the agency.
(f) Notwithstanding any other provision of law, no insurer shall
enter into a settlement without the written consent of the insured,
except that this prohibition shall not void any settlement entered
into without that written consent. The requirement of written consent
shall only be waived by both the insured and the insurer. This
section shall only apply to a settlement on a policy of insurance
executed or renewed on or after January 1, 1971.
SEC. 11. Section 801.01 of the Business and Professions Code is
amended to read:
801.01. (a) A complete report shall be sent to the Medical Board
of California, the Osteopathic Medical Board, or the California Board
of Podiatric Medicine, with respect to a licensee of the board as to
the following:
(1) A settlement over thirty thousand dollars ($30,000) or
arbitration award of any amount or a civil judgment of any amount,
whether or not vacated by a settlement after entry of the judgment,
that was not reversed on appeal, of a claim or action for damages for
death or personal injury caused by the licensee's alleged
negligence, error, or omission in practice in California, or by his
or her rendering of unauthorized professional services in California.
(2) A settlement over thirty thousand dollars ($30,000) if it is
based on the licensee's alleged negligence, error, or omission in
practice in California, or by the licensee's rendering of
unauthorized professional services in California, and a party to the
settlement is a corporation, medical group, partnership, or other
corporate entity in which the licensee has an ownership interest or
that employs or contracts with the licensee.
(b) The report shall be sent by the following:
(1) The insurer providing professional liability insurance to the
licensee.
(2) The licensee, or his or her counsel, if the licensee does not
possess professional liability insurance.
(3) A state or local governmental agency that self-insures the
licensee.
(c) The entity, person, or licensee obligated to report pursuant
to subdivision (b) shall send the complete report if the judgment,
settlement agreement, or arbitration award is entered against or paid
by the employer of the licensee and not entered against or paid by
the licensee. "Employer," as used in this paragraph, means a
professional corporation, a group practice, a health care facility or
clinic licensed or exempt from licensure under the Health and Safety
Code, a licensed health care service plan, a medical care
foundation, an educational institution, a professional institution, a
professional school or college, a general law corporation, a public
entity, or a nonprofit organization that employs, retains, or
contracts with a licensee referred to in this section. Nothing in
this paragraph shall be construed to authorize the employment of, or
contracting with, any licensee in violation of Section 2400.
(d) The report shall be sent to the Medical Board of California,
the Osteopathic Medical Board of California, or the California Board
of Podiatric Medicine, as appropriate, within 30 days after the
written settlement agreement has been reduced to writing and signed
by all parties thereto, within 30 days after service of the
arbitration award on the parties, or within 30 days after the date of
entry of the civil judgment.
(e) If an insurer is required under subdivision (b) to send the
report, the insurer shall notify the claimant, or if the claimant is
represented by counsel, the claimant's counsel, that the insurer has
sent the report to the Medical Board of California, the Osteopathic
Medical Board of California, or the California Board of Podiatric
Medicine. If the claimant, or his or her counsel, has not received
this notice within 45 days after the settlement was reduced to
writing and signed by all of the parties or the arbitration award was
served on the parties or the date of entry of the civil judgment,
the claimant or the claimant's counsel shall make the report to the
appropriate board.
(f) If the licensee or his or her counsel is required under
subdivision (b) to send the report, the licensee or his or her
counsel shall send a copy of the report to the claimant or to his or
her counsel if he or she is represented by counsel. If the claimant
or his or her counsel has not received a copy of the report within 45
days after the settlement was reduced to writing and signed by all
of the parties or the arbitration award was served on the parties or
the date of entry of the civil judgment, the claimant or the claimant'
s counsel shall make the report to the appropriate board.
(g) Failure of the licensee or claimant, or counsel representing
the licensee or claimant, to comply with subdivision (f) is a public
offense punishable by a fine of not less than fifty dollars ($50) and
not more than five hundred dollars ($500). A knowing and intentional
failure to comply with subdivision (f) or a conspiracy or collusion
not to comply with subdivision (f), or to hinder or impede any other
person in the compliance, is a public offense punishable by a fine of
not less than five thousand dollars ($5,000) and not more than fifty
thousand dollars ($50,000).
(h) (1) The Medical Board of California, the Osteopathic Medical
Board of California, and the California Board of Podiatric Medicine
may develop a prescribed form for the report.
(2) The report shall be deemed complete only if it includes the
following information:
(A) The name and last known business and residential addresses of
every plaintiff or claimant involved in the matter, whether or not
the person received an award under the settlement, arbitration, or
judgment.
(B) The name and last known business and residential address of
every physician and surgeon or doctor of podiatric medicine who was
alleged to have acted improperly, whether or not that person was a
named defendant in the action and whether or not that person was
required to pay any damages pursuant to the settlement, arbitration
award, or judgment.
(C) The name, address, and principal place of business of every
insurer providing professional liability insurance to any person
described in subparagraph (B), and the insured's policy number.
(D) The name of the court in which the action or any part of the
action was filed, and the date of filing and case number of each
action.
(E) A brief description or summary of the facts of each claim,
charge, or allegation, including the date of occurrence.
(F) The name and last known business address of each attorney who
represented a party in the settlement, arbitration, or civil action,
including the name of the client he or she represented.
(G) The amount of the judgment and the date of its entry; the
amount of the arbitration award, the date of its service on the
parties, and a copy of the award document; or the amount of the
settlement and the date it was reduced to writing and signed by all
parties. If an otherwise reportable settlement is entered into after
a reportable judgment or arbitration award is issued, the report
shall include both the settlement and the judgment or award.
(H) The specialty or subspecialty of the physician and surgeon or
the doctor of podiatric medicine who was the subject of the claim or
action.
(I) Any other information the Medical Board of California, the
Osteopathic Medical Board of California, or the California Board of
Podiatric Medicine may, by regulation, require.
(3) Every professional liability insurer, self-insured
governmental agency, or licensee or his or her counsel that makes a
report under this section and has received a copy of any written or
electronic patient medical or hospital records prepared by the
treating physician and surgeon or podiatrist, or the staff of the
treating physician and surgeon, podiatrist, or hospital, describing
the medical condition, history, care, or treatment of the person
whose death or injury is the subject of the report, or a copy of any
deposition in the matter that discusses the care, treatment, or
medical condition of the person, shall include with the report,
copies of the records and depositions, subject to reasonable costs to
be paid by the Medical Board of California, the Osteopathic Medical
Board of California, or the California Board of Podiatric Medicine.
If confidentiality is required by court order and, as a result, the
reporter is unable to provide the records and depositions,
documentation to that effect shall accompany the original report. The
applicable board may, upon prior notification of the parties to the
action, petition the appropriate court for modification of any
protective order to permit disclosure to the board. A professional
liability insurer, self-insured governmental agency, or licensee or
his or her counsel shall maintain the records and depositions
referred to in this paragraph for at least one year from the date of
filing of the report required by this section.
(i) If the board, within 60 days of its receipt of a report filed
under this section, notifies a person named in the report, that
person shall maintain for the period of three years from the date of
filing of the report any records he or she has as to the matter in
question and shall make those records available upon request to the
board to which the report was sent.
(j) Notwithstanding any other provision of law, no insurer shall
enter into a settlement without the written consent of the insured,
except that this prohibition shall not void any settlement entered
into without that written consent. The requirement of written consent
shall only be waived by both the insured and the insurer.
SEC. 12. Section 803 of the Business and Professions Code is
amended to read:
803. (a) Except as provided in subdivision (b), within 10 days
after a judgment by a court of this state that a person who holds a
license, certificate, or other similar authority from the Board of
Behavioral Sciences or from an agency mentioned in subdivision (a) of
Section 800 (except a person licensed pursuant to Chapter 3
(commencing with Section 1200)) has committed a crime, or is liable
for any death or personal injury resulting in a judgment for an
amount in excess of thirty thousand dollars ($30,000) caused by his
or her negligence, error or omission in practice, or his or her
rendering unauthorized professional services, the clerk of the court
that rendered the judgment shall report that fact to the agency that
issued the license, certificate, or other similar authority.
(b) For purposes of a physician and surgeon, osteopathic physician
and surgeon, or doctor of podiatric medicine, who is liable for any
death or personal injury resulting in a judgment of any amount caused
by his or her negligence, error or omission in practice, or his or
her rendering unauthorized professional services, the clerk of the
court that rendered the judgment shall report that fact to the agency
that issued the license.
SEC. 13. Section 2089.5 of the Business and Professions Code is
amended to read:
2089.5. (a) Clinical instruction in the subjects listed in
subdivision (b) of Section 2089 shall meet the requirements of this
section and shall be considered adequate if the requirements of
subdivision (a) of Section 2089 and the requirements of this section
are satisfied.
(b) Instruction in the clinical courses shall total a minimum of
72 weeks in length.
(c) Instruction in the core clinical courses of surgery, medicine,
family medicine, pediatrics, obstetrics and gynecology, and
psychiatry shall total a minimum of 40 weeks in length with a minimum
of eight weeks instruction in surgery, eight weeks in medicine, six
weeks in pediatrics, six weeks in obstetrics and gynecology, a
minimum of four weeks in family medicine, and four weeks in
psychiatry.
(d) Of the instruction required by subdivision (b), including all
of the instruction required by subdivision (c), 54 weeks shall be
performed in a hospital that sponsors the instruction and shall meet
one of the following:
(1) Is a formal part of the medical school or school of
osteopathic medicine.
(2) Has a residency program, approved by the Accreditation Council
for Graduate Medical Education (ACGME) or the Royal College of
Physicians and Surgeons of Canada (RCPSC), in family practice or in
the clinical area of the instruction for which credit is being
sought.
(3) Is formally affiliated with an approved medical school or
school of osteopathic medicine located in the United States or
Canada. If the affiliation is limited in nature, credit shall be
given only in the subject areas covered by the affiliation agreement.
(4) Is formally affiliated with a medical school or a school of
osteopathic medicine located outside the United States or Canada.
(e) If the institution, specified in subdivision (d), is formally
affiliated with a medical school or a school of osteopathic medicine
located outside the United States or Canada, it shall meet the
following:
(1) The formal affiliation shall be documented by a written
contract detailing the relationship between the medical school, or a
school of osteopathic medicine, and hospital and the responsibilities
of each.
(2) The school and hospital shall provide to the board a
description of the clinical program. The description shall be in
sufficient detail to enable the board to determine whether or not the
program provides students an adequate medical education. The board
shall approve the program if it determines that the program provides
an adequate medical education. If the board does not approve the
program, it shall provide its reasons for disapproval to the school
and hospital in writing specifying its findings about each aspect of
the program that it considers to be deficient and the changes
required to obtain approval.
(3) The hospital, if located in the United States, shall be
accredited by the Joint Commission on Accreditation of Hospitals, and
if located in another country, shall be accredited in accordance
with the law of that country.
(4) The clinical instruction shall be supervised by a full-time
director of medical education, and the head of the department for
each core clinical course shall hold a full-time faculty appointment
of the medical school or school of osteopathic medicine and shall be
board certified or eligible, or have an equivalent credential in that
specialty area appropriate to the country in which the hospital is
located.
(5) The clinical instruction shall be conducted pursuant to a
written program of instruction provided by the school.
(6) The school shall supervise the implementation of the program
on a regular basis, documenting the level and extent of its
supervision.
(7) The hospital-based faculty shall evaluate each student on a
regular basis and shall document the completion of each aspect of the
program for each student.
(8) The hospital shall ensure a minimum daily census adequate to
meet the instructional needs of the number of students enrolled in
each course area of clinical instruction, but not less than 15
patients in each course area of clinical instruction.
(9) The board, in reviewing the application of a foreign medical
graduate, may require the applicant to submit a description of the
clinical program, if the board has not previously approved the
program, and may require the applicant to submit documentation to
demonstrate that the applicant's clinical training met the
requirements of this subdivision.
(10) The medical school or school of osteopathic medicine shall
bear the reasonable cost of any site inspection by the board or its
agents necessary to determine whether the clinical program offered is
in compliance with this subdivision.
SEC. 14. Section 2096 of the Business and Professions Code is
amended to read:
2096. In addition to other requirements of this chapter, before a
physician's and surgeon's license may be issued, each applicant,
including an applicant applying pursuant to Article 5 (commencing
with Section 2100), shall show by evidence satisfactory to the board
that he or she has satisfactorily completed at least one year of
postgraduate training, which includes at least four months of general
medicine, in a postgraduate training program approved by the
Accreditation Council for Graduate Medical Education (ACGME) or the
Royal College of Physicians and Surgeons of Canada (RCPSC).
The amendments made to this section at the 1987 portion of the
1987-88 session of the Legislature shall not apply to applicants who
completed their one year of postgraduate training on or before July
1, 1990.
SEC. 15. Section 2102 of the Business and Professions Code is
amended to read:
2102. Any applicant whose professional instruction was acquired
in a country other than the United States or Canada shall provide
evidence satisfactory to the board of compliance with the following
requirements to be issued a physician's and surgeon's certificate:
(a) Completion in a medical school or schools of a resident course
of professional instruction equivalent to that required by Section
2089 and issuance to the applicant of a document acceptable to the
board that shows final and successful completion of the course.
However, nothing in this section shall be construed to require the
board to evaluate for equivalency any coursework obtained at a
medical school disapproved by the board pursuant to this section.
(b) Certification by the Educational Commission for Foreign
Medical Graduates, or its equivalent, as determined by the board.
This subdivision shall apply to all applicants who are subject to
this section and who have not taken and passed the written
examination specified in subdivision (d) prior to June 1, 1986.
(c) Satisfactory completion of the postgraduate training required
under Section 2096. An applicant shall be required to have
substantially completed the professional instruction required in
subdivision (a) and shall be required to make application to the
board and have passed steps 1 and 2 of the written examination
relating to biomedical and clinical sciences prior to commencing any
postgraduate training in this state. In its discretion, the board may
authorize an applicant who is deficient in any education or clinical
instruction required by Sections 2089 and 2089.5 to make up any
deficiencies as a part of his or her postgraduate training program,
but that remedial training shall be in addition to the postgraduate
training required for licensure.
(d) Pass the written examination as provided under Article 9
(commencing with Section 2170). An applicant shall be required to
meet the requirements specified in subdivision (b) prior to being
admitted to the written examination required by this subdivision.
Nothing in this section prohibits the board from disapproving any
foreign medical school or from denying an application if, in the
opinion of the board, the professional instruction provided by the
medical school or the instruction received by the applicant is not
equivalent to that required in Article 4 (commencing with Section
2080).
SEC. 16. Section 2107 of the Business and Professions Code is
amended to read:
2107. (a) The Legislature intends that the board shall have the
authority to substitute postgraduate education and training to remedy
deficiencies in an applicant's medical school education and
training. The Legislature further intends that applicants who
substantially completed their clinical training shall be granted that
substitute credit if their postgraduate education took place in an
accredited program.
(b) To meet the requirements for licensure set forth in Sections
2089 and 2089.5, the board may require an applicant under this
article to successfully complete additional education and training.
In determining the content and duration of the required additional
education and training, the board shall consider the applicant's
medical education and performance on standardized national
examinations, and may substitute approved postgraduate training in
lieu of specified undergraduate requirements. Postgraduate training
substituted for undergraduate training shall be in addition to the
postgraduate training required by Sections 2102 and 2103.
SEC. 17. Section 2135 of the Business and Professions Code is
amended to read:
2135. The board shall issue a physician and surgeon's certificate
to an applicant who meets all of the following requirements:
(a) The applicant holds an unlimited license as a physician and
surgeon in another state or states, or in a Canadian province or
Canadian provinces, which was issued upon:
(1) Successful completion of a resident course of professional
instruction leading to a degree of medical doctor equivalent to that
specified in Section 2089. However, nothing in this section shall be
construed to require the board to evaluate for equivalency any
coursework obtained at a medical school disapproved by the board
pursuant to Article 4 (commencing with Section 2080).
(2) Taking and passing a written examination that is recognized by
the board to be equivalent in content to that administered in
California.
(b) The applicant has held an unrestricted license to practice
medicine, in a state or states, in a Canadian province or Canadian
provinces, or as a member of the active military, United States
Public Health Services, or other federal program, for a period of at
least four years. Any time spent by the applicant in an approved
postgraduate training program or clinical fellowship acceptable to
the board shall not be included in the calculation of this four-year
period.
(c) The board determines that no disciplinary action has been
taken against the applicant by any medical licensing authority and
that the applicant has not been the subject of adverse judgments or
settlements resulting from the practice of medicine that the board
determines constitutes evidence of a pattern of negligence or
incompetence.
(d) The applicant (1) has satisfactorily completed at least one
year of approved postgraduate training and is certified by a
specialty board approved by the American Board of Medical Specialties
or approved by the board pursuant to subdivision (h) of Section 651;
(2) has satisfactorily completed at least two years of approved
postgraduate training; or (3) has satisfactorily completed at least
one year of approved postgraduate training and takes and passes the
clinical competency written examination.
(e) The applicant has not committed any acts or crimes
constituting grounds for denial of a certificate under Division 1.5
(commencing with Section 475) or Article 12 (commencing with Section
2220).
(f) Any application received from an applicant who has held an
unrestricted license to practice medicine, in a state or states, or
Canadian province or Canadian provinces, or as a member of the active
military, United States Public Health Services, or other federal
program for four or more years shall be reviewed and processed
pursuant to this section. Any time spent by the applicant in an
approved postgraduate training program or clinical fellowship
acceptable to the board shall not be included in the calculation of
this four-year period. This subdivision does not apply to
applications that may be reviewed and processed pursuant to Section
2151.
SEC. 18. Section 2168.4 of the Business and Professions Code is
amended to read:
2168.4. (a) A special faculty permit expires and becomes invalid
at midnight on the last day of the permitholder's birth month during
the second year of a two-year term, if not renewed.
(b) A person who holds a special faculty permit shall show at the
time of license renewal that he or she continues to meet the
eligibility criteria set forth in Section 2168.1. After the first
renewal of a special faculty permit, the permitholder shall not be
required to hold a full-time faculty position, and may instead be
employed part-time in a position that otherwise meets the
requirements set forth in paragraph (1) of subdivision (a) of Section
2168.1.
(c) A person who holds a special faculty permit shall show at the
time of license renewal that he or she meets the continuing medical
education requirements of Article 10 (commencing with Section 2190).
(d) In addition to the requirements set forth above, a special
faculty permit shall be renewed in accordance with Article 19
(commencing with Section 2420) in the same manner as a physician's
and surgeon's certificate.
(e) Those fees applicable to a physician's and surgeon's
certificate shall also apply to a special faculty permit and shall be
paid into the State Treasury and credited to the Contingent Fund of
the Medical Board of California.
SEC. 19. Section 2169 is added to the Business and Professions
Code, to read:
2169. A person who holds a special faculty permit shall meet the
continuing medical education requirements set forth in Article 10
(commencing with Section 2190).
SEC. 20. Section 2172 of the Business and Professions Code is
repealed.
SEC. 21. Section 2173 of the Business and Professions Code is
repealed.
SEC. 22. Section 2174 of the Business and Professions Code is
repealed.
SEC. 23. Section 2175 of the Business and Professions Code is
amended to read:
2175. State examination records shall be kept on file by the
board until June 1, 2070. Examinees shall be known and designated by
number only, and the name
attached to the number shall be kept secret until the examinee is
sent notification of the results of the examinations.
SEC. 24. Section 2221 of the Business and Professions Code is
amended to read:
2221. (a) The board may deny a physician's and surgeon's
certificate to an applicant guilty of unprofessional conduct or of
any cause that would subject a licensee to revocation or suspension
of his or her license; or, the board in its sole discretion, may
issue a probationary physician's and surgeon's certificate to an
applicant subject to terms and conditions, including, but not limited
to, any of the following conditions of probation:
(1) Practice limited to a supervised, structured environment where
the licensee's activities shall be supervised by another physician
and surgeon.
(2) Total or partial restrictions on drug prescribing privileges
for controlled substances.
(3) Continuing medical or psychiatric treatment.
(4) Ongoing participation in a specified rehabilitation program.
(5) Enrollment and successful completion of a clinical training
program.
(6) Abstention from the use of alcohol or drugs.
(7) Restrictions against engaging in certain types of medical
practice.
(8) Compliance with all provisions of this chapter.
(9) Payment of the cost of probation monitoring.
(b) The board may modify or terminate the terms and conditions
imposed on the probationary certificate upon receipt of a petition
from the licensee. The board may assign the petition to an
administrative law judge designated in Section 11371 of the
Government Code. After a hearing on the petition, the administrative
law judge shall provide a proposed decision to the board.
(c) The board shall deny a physician's and surgeon's certificate
to an applicant who is required to register pursuant to Section 290
of the Penal Code. This subdivision does not apply to an applicant
who is required to register as a sex offender pursuant to Section 290
of the Penal Code solely because of a misdemeanor conviction under
Section 314 of the Penal Code.
(d) An applicant shall not be eligible to reapply for a physician'
s and surgeon's certificate for a minimum of three years from the
effective date of the denial of his or her application, except that
the board may, in its discretion and for good cause demonstrated,
permit reapplication after not less than one year has elapsed from
the effective date of the denial.
SEC. 25. Section 2307 of the Business and Professions Code is
amended to read:
2307. (a) A person whose certificate has been surrendered while
under investigation or while charges are pending or whose certificate
has been revoked or suspended or placed on probation, may petition
the board for reinstatement or modification of penalty, including
modification or termination of probation.
(b) The person may file the petition after a period of not less
than the following minimum periods have elapsed from the effective
date of the surrender of the certificate or the decision ordering
that disciplinary action:
(1) At least three years for reinstatement of a license
surrendered or revoked for unprofessional conduct, except that the
board may, for good cause shown, specify in a revocation order that a
petition for reinstatement may be filed after two years.
(2) At least two years for early termination of probation of three
years or more.
(3) At least one year for modification of a condition, or
reinstatement of a license surrendered or revoked for mental or
physical illness, or termination of probation of less than three
years.
(c) The petition shall state any facts as may be required by the
board. The petition shall be accompanied by at least two verified
recommendations from physicians and surgeons licensed in any state
who have personal knowledge of the activities of the petitioner since
the disciplinary penalty was imposed.
(d) The petition may be heard by a panel of the board. The board
may assign the petition to an administrative law judge designated in
Section 11371 of the Government Code. After a hearing on the
petition, the administrative law judge shall provide a proposed
decision to the board or the California Board of Podiatric Medicine,
as applicable, which shall be acted upon in accordance with Section
2335.
(e) The panel of the board or the administrative law judge hearing
the petition may consider all activities of the petitioner since the
disciplinary action was taken, the offense for which the petitioner
was disciplined, the petitioner's activities during the time the
certificate was in good standing, and the petitioner's rehabilitative
efforts, general reputation for truth, and professional ability. The
hearing may be continued from time to time as the administrative law
judge designated in Section 11371 of the Government Code finds
necessary.
(f) The administrative law judge designated in Section 11371 of
the Government Code reinstating a certificate or modifying a penalty
may recommend the imposition of any terms and conditions deemed
necessary.
(g) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole. No petition
shall be considered while there is an accusation or petition to
revoke probation pending against the person. The board may deny
without a hearing or argument any petition filed pursuant to this
section within a period of two years from the effective date of the
prior decision following a hearing under this section.
(h) This section is applicable to and may be carried out with
regard to licensees of the California Board of Podiatric Medicine. In
lieu of two verified recommendations from physicians and surgeons,
the petition shall be accompanied by at least two verified
recommendations from doctors of podiatric medicine licensed in any
state who have personal knowledge of the activities of the petitioner
since the date the disciplinary penalty was imposed.
(i) Nothing in this section shall be deemed to alter Sections 822
and 823.
SEC. 26. Section 2335 of the Business and Professions Code is
amended to read:
2335. (a) All proposed decisions and interim orders of the
Medical Quality Hearing Panel designated in Section 11371 of the
Government Code shall be transmitted to the executive director of the
board, or the executive director of the California Board of
Podiatric Medicine as to the licensees of that board, within 48 hours
of filing.
(b) All interim orders shall be final when filed.
(c) A proposed decision shall be acted upon by the board or by any
panel appointed pursuant to Section 2008 or by the California Board
of Podiatric Medicine, as the case may be, in accordance with Section
11517 of the Government Code, except that all of the following shall
apply to proceedings against licensees under this chapter:
(1) When considering a proposed decision, the board or panel and
the California Board of Podiatric Medicine shall give great weight to
the findings of fact of the administrative law judge, except to the
extent those findings of fact are controverted by new evidence.
(2) The board's staff or the staff of the California Board of
Podiatric Medicine shall poll the members of the board or panel or of
the California Board of Podiatric Medicine by written mail ballot
concerning the proposed decision. The mail ballot shall be sent
within 10 calendar days of receipt of the proposed decision, and
shall poll each member on whether the member votes to approve the
decision, to approve the decision with an altered penalty, to refer
the case back to the administrative law judge for the taking of
additional evidence, to defer final decision pending discussion of
the case by the panel or board as a whole, or to nonadopt the
decision. No party to the proceeding, including employees of the
agency that filed the accusation, and no person who has a direct or
indirect interest in the outcome of the proceeding or who presided at
a previous stage of the decision, may communicate directly or
indirectly, upon the merits of a contested matter while the
proceeding is pending, with any member of the panel or board, without
notice and opportunity for all parties to participate in the
communication. The votes of a majority of the board or of the panel,
and a majority of the California Board of Podiatric Medicine, are
required to approve the decision with an altered penalty, to refer
the case back to the administrative law judge for the taking of
further evidence, or to nonadopt the decision. The votes of two
members of the panel or board are required to defer final decision
pending discussion of the case by the panel or board as a whole. If
there is a vote by the specified number to defer final decision
pending discussion of the case by the panel or board as a whole,
provision shall be made for that discussion before the 100-day period
specified in paragraph (3) expires, but in no event shall that
100-day period be extended.
(3) If a majority of the board or of the panel, or a majority of
the California Board of Podiatric Medicine vote to do so, the board
or the panel or the California Board of Podiatric Medicine shall
issue an order of nonadoption of a proposed decision within 100
calendar days of the date it is received by the board. If the board
or the panel or the California Board of Podiatric Medicine does not
refer the case back to the administrative law judge for the taking of
additional evidence or issue an order of nonadoption within 100
calendar days, the decision shall be final and subject to review
under Section 2337. Members of the board or of any panel or of the
California Board of Podiatric Medicine who review a proposed decision
or other matter and vote by mail as provided in paragraph (2) shall
return their votes by mail to the board within 30 days from receipt
of the proposed decision or other matter.
(4) The board or the panel or the California Board of Podiatric
Medicine shall afford the parties the opportunity to present oral
argument before deciding a case after nonadoption of the
administrative law judge's decision.
(5) A vote of a majority of the board or of a panel, or a majority
of the California Board of Podiatric Medicine, are required to
increase the penalty from that contained in the proposed
administrative law judge's decision. No member of the board or panel
or of the California Board of Podiatric Medicine may vote to increase
the penalty except after reading the entire record and personally
hearing any additional oral argument and evidence presented to the
panel or board.
SEC. 27. Section 2486 of the Business and Professions Code is
amended to read:
2486. The Medical Board of California shall issue, upon the
recommendation of the board, a certificate to practice podiatric
medicine if the applicant has submitted directly to the board from
the credentialing organizations verification that he or she meets all
of the following requirements:
(a) The applicant has graduated from an approved school or college
of podiatric medicine and meets the requirements of Section 2483.
(b) The applicant, within the past 10 years, has passed parts I,
II, and III of the examination administered by the National Board of
Podiatric Medical Examiners of the United States or has passed a
written examination that is recognized by the board to be the
equivalent in content to the examination administered by the National
Board of Podiatric Medical Examiners of the United States.
(c) The applicant has satisfactorily completed the postgraduate
training required by Section 2484.
(d) The applicant has passed within the past 10 years any oral and
practical examination that may be required of all applicants by the
board to ascertain clinical competence.
(e) The applicant has committed no acts or crimes constituting
grounds for denial of a certificate under Division 1.5 (commencing
with Section 475).
(f) The board determines that no disciplinary action has been
taken against the applicant by any podiatric licensing authority and
that the applicant has not been the subject of adverse judgments or
settlements resulting from the practice of podiatric medicine that
the board determines constitutes evidence of a pattern of negligence
or incompetence.
(g) A disciplinary databank report regarding the applicant is
received by the board from the Federation of Podiatric Medical
Boards.
SEC. 28. Section 2488 of the Business and Professions Code is
amended to read:
2488. Notwithstanding any other provision of law, the Medical
Board of California shall issue, upon the recommendation of the
board, a certificate to practice podiatric medicine by credentialing
if the applicant has submitted directly to the board from the
credentialing organizations verification that he or she is licensed
as a doctor of podiatric medicine in any other state and meets all of
the following requirements:
(a) The applicant has graduated from an approved school or college
of podiatric medicine.
(b) The applicant, within the past 10 years, has passed either
part III of the examination administered by the National Board of
Podiatric Medical Examiners of the United States or a written
examination that is recognized by the board to be the equivalent in
content to the examination administered by the National Board of
Podiatric Medical Examiners of the United States.
(c) The applicant has satisfactorily completed a postgraduate
training program approved by the Council on Podiatric Medical
Education.
(d) The applicant, within the past 10 years, has passed any oral
and practical examination that may be required of all applicants by
the board to ascertain clinical competence.
(e) The applicant has committed no acts or crimes constituting
grounds for denial of a certificate under Division 1.5 (commencing
with Section 475).
(f) The board determines that no disciplinary action has been
taken against the applicant by any podiatric licensing authority and
that the applicant has not been the subject of adverse judgments or
settlements resulting from the practice of podiatric medicine that
the board determines constitutes evidence of a pattern of negligence
or incompetence.
(g) A disciplinary databank report regarding the applicant is
received by the board from the Federation of Podiatric Medical
Boards.
SEC. 29. Section 2570.5 of the Business and Professions Code is
amended to read:
2570.5. (a) A limited permit may be granted to any person who has
completed the education and experience requirements of this chapter.
(b) A person who meets the qualifications to be admitted to the
examination for licensure or certification under this chapter and is
waiting to take the examination or awaiting the announcement of the
results of the examination, according to the application requirements
for a limited permit, may practice as an occupational therapist or
as an occupational therapy assistant under the direction and
appropriate supervision of an occupational therapist duly licensed
under this chapter. If that person fails to pass the examination
during the initial eligibility period, all privileges under this
section shall automatically cease upon due notice to the applicant of
that failure and may not be renewed.
(c) A limited permit shall be subject to other requirements set
forth in rules adopted by the board.
SEC. 30. Section 2570.6 of the Business and Professions Code is
amended to read:
2570.6. An applicant applying for a license as an occupational
therapist or certification as an occupational therapy assistant shall
file with the board a written application provided by the board,
showing to the satisfaction of the board that he or she meets all of
the following requirements:
(a) That the applicant is in good standing and has not committed
acts or crimes constituting grounds for denial of a license under
Section 480.
(b) (1) That the applicant has successfully completed the academic
requirements of an educational program for occupational therapists
or occupational therapy assistants that is approved by the board and
accredited by the American Occupational Therapy Association's
Accreditation Council for Occupational Therapy Education (ACOTE), or
accredited or approved by the American Occupational Therapy
Association's (AOTA) predecessor organization, or approved by AOTA's
Career Mobility Program.
(2) The curriculum of an educational program for occupational
therapists shall contain the content required by the ACOTE
accreditation standards, or as approved by AOTA's predecessor
organization, or as approved by AOTA's Career Mobility Program,
including all of the following subjects:
(A) Biological, behavioral, and health sciences.
(B) Structure and function of the human body, including anatomy,
kinesiology, physiology, and the neurosciences.
(C) Human development throughout the lifespan.
(D) Human behavior in the context of sociocultural systems.
(E) Etiology, clinical course, management, and prognosis of
disease processes and traumatic injuries, and the effects of those
conditions on human functioning.
(F) Occupational therapy theory, practice, and processes.
(3) The curriculum of an educational program for occupational
therapy assistants shall contain the content required by the ACOTE
accreditation standards, or as approved or accredited by AOTA's
predecessor organization, including all of the following subjects:
(A) Biological, behavioral, and health sciences.
(B) Structure and function of the normal human body.
(C) Human development.
(D) Conditions commonly referred to occupational therapists.
(E) Occupational therapy principles and skills.
(c) (1) For an applicant who is a graduate of an occupational
therapy or occupational therapy assistant educational program who is
unable to provide evidence of having met the requirements of
paragraph (2) or (3) of subdivision (b), he or she may demonstrate
passage of the examination administered by the National Board for
Certification in Occupational Therapy, the American Occupational
Therapy Certification Board, or the American Occupational Therapy
Association, as evidence of having successfully satisfied the
requirements of paragraph (2) or (3) of subdivision (b).
(2) For an applicant who completed AOTA's Career Mobility Program,
he or she shall demonstrate participation in the program and passage
of the examination administered by the National Board for
Certification in Occupational Therapy, the American Occupational
Therapy Certification Board, or the American Occupational Therapy
Association, as evidence of having successfully satisfied the
requirements of paragraphs (1) and (2) of subdivision (b).
(d) That the applicant has successfully completed a period of
supervised fieldwork experience approved by the board and arranged by
a recognized educational institution where he or she met the
academic requirements of subdivision (b) or (c) or arranged by a
nationally recognized professional association. The fieldwork
requirements for applicants applying for licensure as an occupational
therapist or certification as an occupational therapy assistant
shall be consistent with the requirements of the ACOTE accreditation
standards, or AOTA's predecessor organization, or AOTA's Career
Mobility Program, that were in effect when the applicant completed
his or her educational program.
(e) That the applicant has passed an examination as provided in
Section 2570.7.
(f) That the applicant, at the time of application, is a person
over 18 years of age, is not addicted to alcohol or any controlled
substance, and has not committed acts or crimes constituting grounds
for denial of licensure or certification under Section 480.
SEC. 31. Section 2570.7 of the Business and Professions Code is
amended to read:
2570.7. (a) An applicant who has satisfied the requirements of
Section 2570.6 may apply for examination for licensure or
certification in a manner prescribed by the board. Subject to the
provisions of this chapter, an applicant who fails an examination may
apply for reexamination.
(b) Each applicant for licensure or certification shall
successfully complete the entry level certification examination for
occupational therapists or occupational therapy assistants approved
by the board, such as the examination administered by the National
Board for Certification in Occupational Therapy, the American
Occupational Therapy Certification Board, or the American
Occupational Therapy Association. The examination shall be
appropriately validated. Each applicant shall be examined by written
examination to test his or her knowledge of the basic and clinical
sciences relating to occupational therapy, occupational therapy
techniques and methods, and any other subjects that the board may
require to determine the applicant's fitness to practice under this
chapter.
(c) Applicants for licensure or certification shall be examined at
a time and place and under that supervision as the board may
require.
SEC. 32. Section 2570.185 of the Business and Professions Code is
amended to read:
2570.185. (a) An occupational therapist shall document his or her
evaluation, goals, treatment plan, and summary of treatment in the
patient record.
(b) An occupational therapy assistant shall document the services
provided in the patient record.
(c) Occupational therapists and occupational therapy assistants
shall document and sign the patient record legibly.
(d) Patient records shall be maintained for a period of no less
than seven years following the discharge of the patient, except that
the records of unemancipated minors shall be maintained at least one
year after the minor has reached the age of 18 years, and not in any
case less than seven years.
SEC. 33. Section 2570.36 is added to the Business and Professions
Code, to read:
2570.36. If a licensee has knowledge that an applicant or
licensee may be in violation of, or has violated, any of the statutes
or regulations administered by the board, the licensee shall report
this information to the board in writing and shall cooperate with the
board in providing information or assistance as may be required.
SEC. 34. Section 2760.1 of the Business and Professions Code is
amended to read:
2760.1. (a) A registered nurse whose license has been revoked or
suspended or who has been placed on probation may petition the board
for reinstatement or modification of penalty, including reduction or
termination of probation, after a period not less than the following
minimum periods has elapsed from the effective date of the decision
ordering that disciplinary action, or if the order of the board or
any portion of it is stayed by the board itself or by the superior
court, from the date the disciplinary action is actually implemented
in its entirety, or for a registered nurse whose initial license
application is subject to a disciplinary decision, from the date the
initial license was issued:
(1) Except as otherwise provided in this section, at least three
years for reinstatement of a license that was revoked, except that
the board may, in its sole discretion, specify in its order a lesser
period of time provided that the period shall be not less than one
year.
(2) At least two years for early termination of a probation period
of three years or more.
(3) At least one year for modification of a condition, or
reinstatement of a license revoked for mental or physical illness, or
termination of probation of less than three years.
(b) The board shall give notice to the Attorney General of the
filing of the petition. The petitioner and the Attorney General shall
be given timely notice by letter of the time and place of the
hearing on the petition, and an opportunity to present both oral and
documentary evidence and argument to the board. The petitioner shall
at all times have the burden of proof to establish by clear and
convincing evidence that he or she is entitled to the relief sought
in the petition.
(c) The hearing may be continued from time to time as the board
deems appropriate.
(d) The board itself shall hear the petition and the
administrative law judge shall prepare a written decision setting
forth the reasons supporting the decision.
(e) The board may grant or deny the petition, or may impose any
terms and conditions that it reasonably deems appropriate as a
condition of reinstatement or reduction of penalty.
(f) The petitioner shall provide a current set of fingerprints
accompanied by the necessary fingerprinting fee.
(g) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole, or subject to
an order of registration pursuant to Section 290 of the Penal Code.
No petition shall be considered while there is an accusation or
petition to revoke probation pending against the petitioner.
(h) Except in those cases where the petitioner has been
disciplined pursuant to Section 822, the board may in its discretion
deny without hearing or argument any petition that is filed pursuant
to this section within a period of two years from the effective date
of a prior decision following a hearing under this section.
SEC. 35. Section 3503 of the Business and Professions Code is
amended to read:
3503. No person other than one who has been licensed to practice
as a physician assistant shall practice as a physician assistant or
in a similar capacity to a physician and surgeon or podiatrist or
hold himself or herself out as a "physician assistant," or shall use
any other term indicating or implying that he or she is a physician
assistant.
SEC. 36. Section 3517 of the Business and Professions Code is
amended to read:
3517. The committee shall require a written examination of
physician assistants in the manner and under the rules and
regulations as it shall prescribe, but the examination shall be
conducted in that manner as to ensure that the identity of each
applicant taking the examination will be unknown to all of the
examiners until all examination papers have been graded. Except as
otherwise provided in this chapter, or by regulation, no physician
assistant applicant shall receive approval under this chapter without
first successfully passing an examination given under the direction
of the committee.
Examinations for licensure as a physician assistant may be
required by the committee under a uniform examination system, and for
that purpose the committee may make those arrangements with
organizations furnishing examination material as may, in its
discretion, be
desirable. The committee shall, however, establish a passing score
for each examination. The licensure examination for physician
assistants shall be held by the committee at least once a year with
such additional examinations as the committee deems necessary. The
time and place of examination shall be fixed by the committee.
SEC. 37. Section 3518 of the Business and Professions Code is
amended to read:
3518. The committee shall keep current, two separate registers,
one for approved supervising physicians and one for licensed
physician's assistants, by specialty if applicable. These registers
shall show the name of each licensee, his or her last known address
of record, and the date of his or her licensure or approval. Any
interested person is entitled to obtain a copy of the register in
accordance with the Information Practices Act of 1977 (Chapter 1
(commencing with Section 1798) of Title 1.8 of Part 4 of Division 3
of the Civil Code) upon application to the committee together with a
sum as may be fixed by the committee, which amount shall not exceed
the cost of this list so furnished.
SEC. 38. Section 3625 of the Business and Professions Code is
amended to read:
3625. (a) The Director of Consumer Affairs shall establish an
advisory council consisting of nine members. Members of the advisory
council 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 advisory council shall be appointed for a
four-year term. A person shall not serve as a member of the council
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. The first terms of the members first
appointed shall be as follows:
(1) The Governor shall appoint one physician and surgeon member,
one naturopathic doctor member, and one public member, with term
expirations of June 1, 2006; one physician and surgeon member with a
term expiration date of June 1, 2007; and one naturopathic doctor
member with a term expiration date of June 1, 2008.
(2) The Senate Committee on Rules shall appoint one physician and
surgeon member with a term expiration of June 1, 2008, and one public
member with a term expiration of June 1, 2007.
(3) The Speaker of the Assembly shall appoint one naturopathic
doctor member with a term expiration of June 1, 2007, and one public
member with a term expiration of June 1, 2008.
(c) (1) A public member of the advisory council 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) In order to operate in as cost-effective a manner as possible,
the advisory council and any advisory committee created pursuant to
this chapter shall meet as few times as necessary to perform its
duties.
SEC. 39. Section 3633.1 of the Business and
Professions Code is amended to read:
3633.1. The bureau 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, 2010.
SEC. 40. SEC. 39. 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 bureau 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 bureau, the
California Naturopathic Doctors Association, the American Association
of Naturopathic Physicians, the California State Board of Pharmacy,
the State Board of Chiropractic Examiners, or other courses that meet
the standards for continuing education for licensed physicians and
surgeons in California.
SEC. 41. SEC. 40. Section 3636 of
the Business and Professions Code is amended to read:
3636. (a) Upon a written request, the bureau 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 be current with
all licensing fees as determined by the bureau.
SEC. 42. SEC. 41. Section 3685 of
the Business and Professions Code is amended to read:
3685. (a) This chapter shall become inoperative on July 1, 2010,
and, as of January 1, 2011, is repealed, unless a later enacted
statute that is enacted before January 1, 2011, deletes or extends
the dates on which it becomes inoperative and is repealed. The repeal
of this chapter renders the bureau subject to the review required by
Division 1.2 (commencing with Section 473).
(b) The bureau shall prepare the report required by Section 473.2
no later than September 1, 2008.
SEC. 43. SEC. 42. Section 3753.5 of
the Business and Professions Code is amended to read:
3753.5. (a) In any order issued in resolution of a disciplinary
proceeding before the board, the board or the administrative law
judge may direct any practitioner or applicant found to have
committed a violation or violations of law or any term and condition
of board probation to pay to the board a sum not to exceed the costs
of the investigation and prosecution of the case. A certified copy of
the actual costs, or a good faith estimate of costs where actual
costs are not available, signed by the official custodian of the
record or his or her designated representative shall be prima facie
evidence of the actual costs of the investigation and prosecution of
the case.
(b) The costs shall be assessed by the administrative law judge
and shall not be increased by the board; however, the costs may be
imposed or increased by the board if it does not adopt the proposed
decision of the case.
Where an order for recovery of costs is made and timely payment is
not made as directed in the board's decision the board may enforce
the order for repayment in any appropriate court. This right of
enforcement shall be in addition to any other rights the board may
have as to any practitioner directed to pay costs.
(c) In any action for recovery of costs, proof of the board's
decision shall be conclusive proof of the validity of the order of
payment and the terms for payment.
(d) (1) The board shall not renew or reinstate the license of any
licensee who has failed to pay all of the costs ordered under this
section.
(2) Notwithstanding paragraph (1), the board may, in its
discretion, conditionally renew, for a maximum of one year, the
license of any licensee who demonstrates financial hardship, through
documentation satisfactory to the board, and who enters into a formal
agreement with the board to reimburse the board within that one-year
period for those unpaid costs.
SEC. 44. SEC. 43. Section 4022.5 of
the Business and Professions Code is amended to read:
4022.5. (a) "Designated representative" means an individual to
whom a license has been granted pursuant to Section 4053. A
pharmacist fulfilling the duties of Section 4053 shall not be
required to obtain a license as a designated representative.
(b) "Designated representative-in-charge" means a designated
representative or a pharmacist proposed by a wholesaler or veterinary
food-animal drug retailer and approved by the board as the
supervisor or manager responsible for ensuring the wholesaler's or
veterinary food-animal drug retailer's compliance with all state and
federal laws and regulations pertaining to practice in the applicable
license category.
SEC. 45. SEC. 44. Section 4027 of
the Business and Professions Code is amended to read:
4027. (a) As used in this chapter, the terms "skilled nursing
facility," "intermediate care facility," and other references to
health facilities shall be construed with respect to the definitions
contained in Article 1 (commencing with Section 1250) of Chapter 2 of
Division 2 of the Health and Safety Code.
(b) As used in Section 4052.1, "licensed health care facility"
means a facility licensed pursuant to Article 1 (commencing with
Section 1250) of Chapter 2 of Division 2 of the Health and Safety
Code or a facility, as defined in Section 1250 of the Health and
Safety Code, operated by a health care service plan licensed pursuant
to Chapter 2.2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code.
(c) As used in Section 4052.2, "health care facility" means a
facility, other than a facility licensed under Division 2 (commencing
with Section 1200) of the Health and Safety Code, that is owned or
operated by a health care service plan licensed pursuant to Chapter
2.2 (commencing with Section 1340) of the Health and Safety Code, or
by an organization under common ownership or control of the health
care service plan; "licensed home health agency" means a private or
public organization licensed by the State Department of Public Health
pursuant to Chapter 8 (commencing with Section 1725) of Division 2
of the Health and Safety Code, as further defined in Section 1727 of
the Health and Safety Code; and "licensed clinic" means a clinic
licensed pursuant to Article 1 (commencing with Section 1200) of
Chapter 1 of Division 2 of the Health and Safety Code.
(d) "Licensed health care facility" or "facility," as used in
Section 4065, means a health facility licensed pursuant to Article 1
(commencing with Section 1250) of Chapter 2 of Division 2 of the
Health and Safety Code or a facility that is owned or operated by a
health care service plan licensed pursuant to Chapter 2.2 (commencing
with Section 1340) of Division 2 of the Health and Safety Code or by
an organization under common ownership or control with the health
care service plan.
SEC. 46. SEC. 45. Section 4036.5 is
added to the Business and Professions Code, to read:
4036.5. "Pharmacist-in-charge" means a pharmacist proposed by a
pharmacy and approved by the board as the supervisor or manager
responsible for ensuring the pharmacy's compliance with all state and
federal laws and regulations pertaining to the practice of pharmacy.
SEC. 47. SEC. 46. Section 4040 of
the Business and Professions Code is amended to read:
4040. (a) "Prescription" means an oral, written, or electronic
transmission order that is both of the following:
(1) Given individually for the person or persons for whom ordered
that includes all of the following:
(A) The name or names and address of the patient or patients.
(B) The name and quantity of the drug or device prescribed and the
directions for use.
(C) The date of issue.
(D) Either rubber stamped, typed, or printed by hand or typeset,
the name, address, and telephone number of the prescriber, his or her
license classification, and his or her federal registry number, if a
controlled substance is prescribed.
(E) A legible, clear notice of the condition for which the drug is
being prescribed, if requested by the patient or patients.
(F) If in writing, signed by the prescriber issuing the order, or
the certified nurse-midwife, nurse practitioner, physician assistant,
or naturopathic doctor who issues a drug order pursuant to Section
2746.51, 2836.1, 3502.1, or 3640.5, respectively, or the pharmacist
who issues a drug order pursuant to either Section 4052.1 or 4052.2.
(2) Issued by a physician, dentist, optometrist, podiatrist,
veterinarian, or naturopathic doctor pursuant to Section 3640.7 or,
if a drug order is issued pursuant to Section 2746.51, 2836.1,
3502.1, or 3460.5, by a certified nurse-midwife, nurse practitioner,
physician assistant, or naturopathic doctor licensed in this state,
or pursuant to either Section 4052.1 or 4052.2 by a pharmacist
licensed in this state.
(b) Notwithstanding subdivision (a), a written order of the
prescriber for a dangerous drug, except for any Schedule II
controlled substance, that contains at least the name and signature
of the prescriber, the name and address of the patient in a manner
consistent with paragraph (2) of subdivision (a) of Section 11164 of
the Health and Safety Code, the name and quantity of the drug
prescribed, directions for use, and the date of issue may be treated
as a prescription by the dispensing pharmacist as long as any
additional information required by subdivision (a) is readily
retrievable in the pharmacy. In the event of a conflict between this
subdivision and Section 11164 of the Health and Safety Code, Section
11164 of the Health and Safety Code shall prevail.
(c) "Electronic transmission prescription" includes both image and
data prescriptions. "Electronic image transmission prescription"
means any prescription order for which a facsimile of the order is
received by a pharmacy from a licensed prescriber. "Electronic data
transmission prescription" means any prescription order, other than
an electronic image transmission prescription, that is electronically
transmitted from a licensed prescriber to a pharmacy.
(d) The use of commonly used abbreviations shall not invalidate an
otherwise valid prescription.
(e) Nothing in the amendments made to this section (formerly
Section 4036) at the 1969 Regular Session of the Legislature shall be
construed as expanding or limiting the right that a chiropractor,
while acting within the scope of his or her license, may have to
prescribe a device.
SEC. 48. SEC. 47. Section 4051 of
the Business and Professions Code is amended to read:
4051. (a) Except as otherwise provided in this chapter, it is
unlawful for any person to manufacture, compound, furnish, sell, or
dispense any dangerous drug or dangerous device, or to dispense or
compound any prescription pursuant to Section 4040 of a prescriber
unless he or she is a pharmacist under this chapter.
(b) Notwithstanding any other law, a pharmacist may authorize the
initiation of a prescription, pursuant to Section 4052.1, 4052.2, or
4052.3, and otherwise provide clinical advice or information or
patient consultation if all of the following conditions are met:
(1) The clinical advice or information or patient consultation is
provided to a health care professional or to a patient.
(2) The pharmacist has access to prescription, patient profile, or
other relevant medical information for purposes of patient and
clinical consultation and advice.
(3) Access to the information described in paragraph (2) is secure
from unauthorized access and use.
SEC. 49. SEC. 48. Section 4059.5 of
the Business and Professions Code is amended to read:
4059.5. (a) Except as otherwise provided in this chapter,
dangerous drugs or dangerous devices may only be ordered by an entity
licensed by the board and shall be delivered to the licensed
premises and signed for and received by a pharmacist. Where a
licensee is permitted to operate through a designated representative,
the designated representative shall sign for and receive the
delivery.
(b) A dangerous drug or dangerous device transferred, sold, or
delivered to a person within this state shall be transferred, sold,
or delivered only to an entity licensed by the board, to a
manufacturer, or to an ultimate user or the ultimate user's agent.
(c) Notwithstanding subdivisions (a) and (b), deliveries to a
hospital pharmacy may be made to a central receiving location within
the hospital. However, the dangerous drugs or dangerous devices shall
be delivered to the licensed pharmacy premises within one working
day following receipt by the hospital, and the pharmacist on duty at
that time shall immediately inventory the dangerous drugs or
dangerous devices.
(d) Notwithstanding any other provision of law, a dangerous drug
or dangerous device may be ordered by and provided to a manufacturer,
physician, dentist, podiatrist, optometrist, veterinarian,
naturopathic doctor pursuant to Section 3640.7, or laboratory, or a
physical therapist acting within the scope of his or her license. A
person or entity receiving delivery of a dangerous drug or dangerous
device, or a duly authorized representative of the person or entity,
shall sign for the receipt of the dangerous drug or dangerous device.
(e) A dangerous drug or dangerous device shall not be transferred,
sold, or delivered to a person outside this state, whether foreign
or domestic, unless the transferor, seller, or deliverer does so in
compliance with the laws of this state and of the United States and
of the state or country to which the dangerous drugs or dangerous
devices are to be transferred, sold, or delivered. Compliance with
the laws of this state and the United States and of the state or
country to which the dangerous drugs or dangerous devices are to be
delivered shall include, but not be limited to, determining that the
recipient of the dangerous drugs or dangerous devices is authorized
by law to receive the dangerous drugs or dangerous devices.
(f) Notwithstanding subdivision (a), a pharmacy may take delivery
of dangerous drugs and dangerous devices when the pharmacy is closed
and no pharmacist is on duty if all of the following requirements are
met:
(1) The drugs are placed in a secure storage facility in the same
building as the pharmacy.
(2) Only the pharmacist-in-charge or a pharmacist designated by
the pharmacist-in-charge has access to the secure storage facility
after dangerous drugs or dangerous devices have been delivered.
(3) The secure storage facility has a means of indicating whether
it has been entered after dangerous drugs or dangerous devices have
been delivered.
(4) The pharmacy maintains written policies and procedures for the
delivery of dangerous drugs and dangerous devices to a secure
storage facility.
(5) The agent delivering dangerous drugs and dangerous devices
pursuant to this subdivision leaves documents indicating the name and
amount of each dangerous drug or dangerous device delivered in the
secure storage facility.
The pharmacy shall be responsible for the dangerous drugs and
dangerous devices delivered to the secure storage facility. The
pharmacy shall also be responsible for obtaining and maintaining
records relating to the delivery of dangerous drugs and dangerous
devices to a secure storage facility.
SEC. 50. SEC. 49. Section 4060 of
the Business and Professions Code is amended to read:
4060. No person shall possess any controlled substance, except
that furnished to a person upon the prescription of a physician,
dentist, podiatrist, optometrist, veterinarian, or naturopathic
doctor pursuant to Section 3640.7, or furnished pursuant to a drug
order issued by a certified nurse-midwife pursuant to Section
2746.51, a nurse practitioner pursuant to Section 2836.1, a physician
assistant pursuant to Section 3502.1, a naturopathic doctor pursuant
to Section 3640.5, or a pharmacist pursuant to either Section 4052.1
or 4052.2. This section shall not apply to the possession of any
controlled substance by a manufacturer, wholesaler, pharmacy,
pharmacist, physician, podiatrist, dentist, optometrist,
veterinarian, naturopathic doctor, certified nurse-midwife, nurse
practitioner, or physician assistant, when in stock in containers
correctly labeled with the name and address of the supplier or
producer.
Nothing in this section authorizes a certified nurse-midwife, a
nurse practitioner, a physician assistant, or a naturopathic doctor,
to order his or her own stock of dangerous drugs and devices.
SEC. 51. SEC. 50. Section 4062 of
the Business and Professions Code is amended to read:
4062. (a) Notwithstanding Section 4059 or any other provision of
law, a pharmacist may, in good faith, furnish a dangerous drug or
dangerous device in reasonable quantities without a prescription
during a federal, state, or local emergency, to further the health
and safety of the public. A record containing the date, name, and
address of the person to whom the drug or device is furnished, and
the name, strength, and quantity of the drug or device furnished
shall be maintained. The pharmacist shall communicate this
information to the patient's attending physician as soon as possible.
Notwithstanding Section 4060 or any other provision of law, a person
may possess a dangerous drug or dangerous device furnished without
prescription pursuant to this section.
(b) During a declared federal, state, or local emergency, the
board may waive application of any provisions of this chapter or the
regulations adopted pursuant to it if, in the board's opinion, the
waiver will aid in the protection of public health or the provision
of patient care.
(c) During a declared federal, state, or local emergency, the
board shall allow for the employment of a mobile pharmacy in impacted
areas in order to ensure the continuity of patient care, if all of
the following conditions are met:
(1) The mobile pharmacy shares common ownership with at least one
currently licensed pharmacy in good standing.
(2) The mobile pharmacy retains records of dispensing, as required
by subdivision (a).
(3) A licensed pharmacist is on the premises and the mobile
pharmacy is under the control and management of a pharmacist while
the drugs are being dispensed.
(4) Reasonable security measures are taken to safeguard the drug
supply maintained in the mobile pharmacy.
(5) The mobile pharmacy is located within the declared emergency
area or affected areas.
(6) The mobile pharmacy ceases the provision of services within 48
hours following the termination of the declared emergency.
SEC. 52. SEC. 51. Section 4076 of the
Business and Professions Code is amended to read:
4076. (a) A pharmacist shall not dispense any prescription except
in a container that meets the requirements of state and federal law
and is correctly labeled with all of the following:
(1) Except where the prescriber or the certified nurse-midwife who
functions pursuant to a standardized procedure or protocol described
in Section 2746.51, the nurse practitioner who functions pursuant to
a standardized procedure described in Section 2836.1, or protocol,
the physician assistant who functions pursuant to Section 3502.1, the
naturopathic doctor who functions pursuant to a standardized
procedure or protocol described in Section 3640.5, or the pharmacist
who functions pursuant to a policy, procedure, or protocol pursuant
to either Section 4052.1 or 4052.2 orders otherwise, either the
manufacturer's trade name of the drug or the generic name and the
name of the manufacturer. Commonly used abbreviations may be used.
Preparations containing two or more active ingredients may be
identified by the manufacturer's trade name or the commonly used name
or the principal active ingredients.
(2) The directions for the use of the drug.
(3) The name of the patient or patients.
(4) The name of the prescriber or, if applicable, the name of the
certified nurse-midwife who functions pursuant to a standardized
procedure or protocol described in Section 2746.51, the nurse
practitioner who functions pursuant to a standardized procedure
described in Section 2836.1, or protocol, the physician assistant who
functions pursuant to Section 3502.1, the naturopathic doctor who
functions pursuant to a standardized procedure or protocol described
in Section 3640.5, or the pharmacist who functions pursuant to a
policy, procedure, or protocol pursuant to either Section 4052.1 or
4052.2.
(5) The date of issue.
(6) The name and address of the pharmacy, and prescription number
or other means of identifying the prescription.
(7) The strength of the drug or drugs dispensed.
(8) The quantity of the drug or drugs dispensed.
(9) The expiration date of the effectiveness of the drug
dispensed.
(10) The condition for which the drug was prescribed if requested
by the patient and the condition is indicated on the prescription.
(11) (A) Commencing January 1, 2006, the physical description of
the dispensed medication, including its color, shape, and any
identification code that appears on the tablets or capsules, except
as follows:
(i) Prescriptions dispensed by a veterinarian.
(ii) An exemption from the requirements of this paragraph shall be
granted to a new drug for the first 120 days that the drug is on the
market and for the 90 days during which the national reference file
has no description on file.
(iii) Dispensed medications for which no physical description
exists in any commercially available database.
(B) This paragraph applies to outpatient pharmacies only.
(C) The information required by this paragraph may be printed on
an auxiliary label that is affixed to the prescription container.
(D) This paragraph shall not become operative if the board, prior
to January 1, 2006, adopts regulations that mandate the same labeling
requirements set forth in this
paragraph.
(b) If a pharmacist dispenses a prescribed drug by means of a unit
dose medication system, as defined by administrative regulation, for
a patient in a skilled nursing, intermediate care, or other health
care facility, the requirements of this section will be satisfied if
the unit dose medication system contains the aforementioned
information or the information is otherwise readily available at the
time of drug administration.
(c) If a pharmacist dispenses a dangerous drug or device in a
facility licensed pursuant to Section 1250 of the Health and Safety
Code, it is not necessary to include on individual unit dose
containers for a specific patient, the name of the certified
nurse-midwife who functions pursuant to a standardized procedure or
protocol described in Section 2746.51, the nurse practitioner who
functions pursuant to a standardized procedure described in Section
2836.1, or protocol, the physician assistant who functions pursuant
to Section 3502.1, the naturopathic doctor who functions pursuant to
a standardized procedure or protocol described in Section 3640.5, or
the pharmacist who functions pursuant to a policy, procedure, or
protocol pursuant to either Section 4052.1 or 4052.2.
(d) If a pharmacist dispenses a prescription drug for use in a
facility licensed pursuant to Section 1250 of the Health and Safety
Code, it is not necessary to include the information required in
paragraph (11) of subdivision (a) when the prescription drug is
administered to a patient by a person licensed under the Medical
Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing
Practice Act (Chapter 6 (commencing with Section 2700)), or the
Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section
2840)), who is acting within his or her scope of practice.
SEC. 53. SEC. 52. Section 4081 of
the Business and Professions Code is amended to read:
4081. (a) All records of manufacture and of sale, acquisition, or
disposition of dangerous drugs or dangerous devices shall be at all
times during business hours open to inspection by authorized officers
of the law, and shall be preserved for at least three years from the
date of making. A current inventory shall be kept by every
manufacturer, wholesaler, pharmacy, veterinary food-animal drug
retailer, physician, dentist, podiatrist, veterinarian, laboratory,
clinic, hospital, institution, or establishment holding a currently
valid and unrevoked certificate, license, permit, registration, or
exemption under Division 2 (commencing with Section 1200) of the
Health and Safety Code or under Part 4 (commencing with Section
16000) of Division 9 of the Welfare and Institutions Code who
maintains a stock of dangerous drugs or dangerous devices.
(b) The owner, officer, and partner of a pharmacy, wholesaler, or
veterinary food-animal drug retailer shall be jointly responsible,
with the pharmacist-in-charge or designated representative-in-charge,
for maintaining the records and inventory described in this section.
(c) The pharmacist-in-charge or designated
representative-in-charge shall not be criminally responsible for acts
of the owner, officer, partner, or employee that violate this
section and of which the pharmacist-in-charge or designated
representative-in-charge had no knowledge, or in which he or she did
not knowingly participate.
SEC. 54. SEC. 53. Section 4110 of
the Business and Professions Code is amended to read:
4110. (a) No person shall conduct a pharmacy in the State of
California unless he or she has obtained a license from the board. A
license shall be required for each pharmacy owned or operated by a
specific person. A separate license shall be required for each of the
premises of any person operating a pharmacy in more than one
location. The license shall be renewed annually. The board may, by
regulation, determine the circumstances under which a license may be
transferred.
(b) The board may, at its discretion, issue a temporary permit,
when the ownership of a pharmacy is transferred from one person to
another, upon the conditions and for any periods of time as the board
determines to be in the public interest. A temporary permit fee
shall be established by the board at an amount not to exceed the
annual fee for renewal of a permit to conduct a pharmacy. When needed
to protect public safety, a temporary permit may be issued for a
period not to exceed 180 days, and may be issued subject to terms and
conditions the board deems necessary. If the board determines a
temporary permit was issued by mistake or denies the application for
a permanent license or registration, the temporary license or
registration shall terminate upon either personal service of the
notice of termination upon the permitholder or service by certified
mail, return receipt requested, at the permitholder's address of
record with the board, whichever comes first. Neither for purposes of
retaining a temporary permit nor for purposes of any disciplinary or
license denial proceeding before the board shall the temporary
permitholder be deemed to have a vested property right or interest in
the permit.
(c) The board may allow the temporary use of a mobile pharmacy
when a pharmacy is destroyed or damaged, the mobile pharmacy is
necessary to protect the health and safety of the public, and the
following conditions are met:
(1) The mobile pharmacy shall provide services only on or
immediately contiguous to the site of the damaged or destroyed
pharmacy.
(2) The mobile pharmacy is under the control and management of the
pharmacist-in-charge of the pharmacy that was destroyed or damaged.
(3) A licensed pharmacist is on the premises while drugs are being
dispensed.
(4) Reasonable security measures are taken to safeguard the drug
supply maintained in the mobile pharmacy.
(5) The pharmacy operating the mobile pharmacy provides the board
with records of the destruction or damage of the pharmacy and an
expected restoration date.
(6) Within three calendar days of restoration of the pharmacy
services, the board is provided with notice of the restoration of the
permanent pharmacy.
(7) The mobile pharmacy is not operated for more than 48 hours
following the restoration of the permanent pharmacy.
SEC. 55. SEC. 54. Section 4111 of
the Business and Professions Code is amended to read:
4111. (a) Except as otherwise provided in subdivision (b), (d),
or (e), the board shall not issue or renew a license to conduct a
pharmacy to any of the following:
(1) A person or persons authorized to prescribe or write a
prescription, as specified in Section 4040, in the State of
California.
(2) A person or persons with whom a person or persons specified in
paragraph (1) shares a community or other financial interest in the
permit sought.
(3) Any corporation that is controlled by, or in which 10 percent
or more of the stock is owned by a person or persons prohibited from
pharmacy ownership by paragraph (1) or (2).
(b) Subdivision (a) shall not preclude the issuance of a permit
for an inpatient hospital pharmacy to the owner of the hospital in
which it is located.
(c) The board may require any information the board deems is
reasonably necessary for the enforcement of this section.
(d) Subdivision (a) shall not preclude the issuance of a new or
renewal license for a pharmacy to be owned or owned and operated by a
person licensed on or before August 1, 1981, under the Knox-Keene
Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with
Section 1340) of Division 2 of the Health and Safety Code) and
qualified on or before August 1, 1981, under subsection (d) of
Section 1310 of Title XIII of the federal Public Health Service Act,
as amended, whose ownership includes persons defined pursuant to
paragraphs (1) and (2) of subdivision (a).
(e) Subdivision (a) shall not preclude the issuance of a new or
renewal license for a pharmacy to be owned or owned and operated by a
pharmacist authorized to issue a drug order pursuant to either
Section 4052.1 or 4052.2.
SEC. 56. SEC. 55. Section 4126.5 of
the Business and Professions Code is amended to read:
4126.5. (a) A pharmacy may furnish dangerous drugs only to the
following:
(1) A wholesaler owned or under common control by the wholesaler
from whom the dangerous drug was acquired.
(2) The pharmaceutical manufacturer from whom the dangerous drug
was acquired.
(3) A licensed wholesaler acting as a reverse distributor.
(4) Another pharmacy or wholesaler to alleviate a temporary
shortage of a dangerous drug that could result in the denial of
health care. A pharmacy furnishing dangerous drugs pursuant to this
paragraph may only furnish a quantity sufficient to alleviate the
temporary shortage.
(5) A patient or to another pharmacy pursuant to a prescription or
as otherwise authorized by law.
(6) A health care provider that is not a pharmacy but that is
authorized to purchase dangerous drugs.
(7) To another pharmacy under common control.
(b) Notwithstanding any other provision of law, a violation of
this section may subject the person or persons who committed the
violation to a fine not to exceed the amount specified in Section
125.9 for each occurrence pursuant to a citation issued by the board.
(c) Amounts due from any person under this section on or after
January 1, 2005, shall be offset as provided under Section 12419.5 of
the Government Code. Amounts received by the board under this
section shall be deposited into the Pharmacy Board Contingent Fund.
(d) For purposes of this section, "common control" means the power
to direct or cause the direction of the management and policies of
another person whether by ownership, by voting rights, by contract,
or by other means.
SEC. 57. SEC. 56. Section 4161 of
the Business and Professions Code is amended to read:
4161. (a) A person located outside this state that (1) ships,
sells, mails, or delivers dangerous drugs or dangerous devices into
this state or (2) sells, brokers, or distributes dangerous drugs or
devices within this state shall be considered a nonresident
wholesaler.
(b) A nonresident wholesaler shall be licensed by the board prior
to shipping, selling, mailing, or delivering dangerous drugs or
dangerous devices to a site located in this state or selling,
brokering, or distributing dangerous drugs or devices within this
state.
(c) A separate license shall be required for each place of
business owned or operated by a nonresident wholesaler from or
through which dangerous drugs or dangerous devices are shipped, sold,
mailed, or delivered to a site located in this state or sold,
brokered, or distributed within this state. A license shall be
renewed annually and shall not be transferable.
(d) The following information shall be reported, in writing, to
the board at the time of initial application for licensure by a
nonresident wholesaler, on renewal of a nonresident wholesaler
license, or within 30 days of a change in that information:
(1) Its agent for service of process in this state.
(2) Its principal corporate officers, as specified by the board,
if any.
(3) Its general partners, as specified by the board, if any.
(4) Its owners if the applicant is not a corporation or
partnership.
(e) A report containing the information in subdivision (d) shall
be made within 30 days of any change of ownership, office, corporate
officer, or partner.
(f) A nonresident wholesaler shall comply with all directions and
requests for information from the regulatory or licensing agency of
the state in which it is licensed, as well as with all requests for
information made by the board.
(g) A nonresident wholesaler shall maintain records of dangerous
drugs and dangerous devices sold, traded, or transferred to persons
in this state or within this state, so that the records are in a
readily retrievable form.
(h) A nonresident wholesaler shall at all times maintain a valid,
unexpired license, permit, or registration to conduct the business of
the wholesaler in compliance with the laws of the state in which it
is a resident. An application for a nonresident wholesaler license in
this state shall include a license verification from the licensing
authority in the applicant's state of residence.
(i) The board may not issue or renew a nonresident wholesaler
license until the nonresident wholesaler identifies a designated
representative-in-charge and notifies the board in writing of the
identity and license number of the designated
representative-in-charge.
(j) The designated representative-in-charge shall be responsible
for the nonresident wholesaler's compliance with state and federal
laws governing wholesalers. A nonresident wholesaler shall identify
and notify the board of a new designated representative-in-charge
within 30 days of the date that the prior designated
representative-in-charge ceases to be the designated
representative-in-charge.
(k) The board may issue a temporary license, upon conditions and
for periods of time as the board determines to be in the public
interest. A temporary license fee shall be five hundred fifty dollars
($550) or another amount established by the board not to exceed the
annual fee for renewal of a license to compound injectable sterile
drug products. When needed to protect public safety, a temporary
license may be issued for a period not to exceed 180 days, subject to
terms and conditions that the board deems necessary. If the board
determines that a temporary license was issued by mistake or denies
the application for a permanent license, the temporary license shall
terminate upon either personal service of the notice of termination
upon the licenseholder or service by certified mail, return receipt
requested, at the licenseholder's address of record with the board,
whichever occurs first. Neither for purposes of retaining a temporary
license, nor for purposes of any disciplinary or license denial
proceeding before the board, shall the temporary licenseholder be
deemed to have a vested property right or interest in the license.
(l) The registration fee shall be the fee specified in subdivision
(f) of Section 4400.
SEC. 58. SEC. 57. Section 4174 of
the Business and Professions Code is amended to read:
4174. Notwithstanding any other provision of law, a pharmacist
may dispense drugs or devices upon the drug order of a nurse
practitioner functioning pursuant to Section 2836.1 or a certified
nurse-midwife functioning pursuant to Section 2746.51, a drug order
of a physician assistant functioning pursuant to Section 3502.1 or a
naturopathic doctor functioning pursuant to Section 3640.5, or the
order of a pharmacist acting under Section 4052.1, 4052.2, or 4052.3.
SEC. 59. SEC. 58. Section 4231 of
the Business and Professions Code is amended to read:
4231. (a) The board shall not renew a pharmacist license unless
the applicant submits proof satisfactory to the board that he or she
has successfully completed 30 hours of approved courses of continuing
pharmacy education during the two years preceding the application
for renewal.
(b) Notwithstanding subdivision (a), the board shall not require
completion of continuing education for the first renewal of a
pharmacist license.
(c) If an applicant for renewal of a pharmacist license submits
the renewal application and payment of the renewal fee but does not
submit proof satisfactory to the board that the licensee has
completed 30 hours of continuing pharmacy education, the board shall
not renew the license and shall issue the applicant an inactive
pharmacist license. A licensee with an inactive pharmacist license
issued pursuant to this section may obtain an active pharmacist
license by paying the renewal fees due and submitting satisfactory
proof to the board that the licensee has completed 30 hours of
continuing pharmacy education.
(d) If, as part of an investigation or audit conducted by the
board, a pharmacist fails to provide documentation substantiating the
completion of continuing education as required in subdivision (a),
the board shall cancel the active pharmacist license and issue an
inactive pharmacist license in its place. A licensee with an inactive
pharmacist license issued pursuant to this section may obtain an
active pharmacist license by paying the renewal fees due and
submitting satisfactory proof to the board that the licensee has
completed 30 hours of continuing pharmacy education.
SEC. 60. SEC. 59. Section 4301 of
the Business and Professions Code is amended to read:
4301. The board shall take action against any holder of a license
who is guilty of unprofessional conduct or whose license has been
procured by fraud or misrepresentation or issued by mistake.
Unprofessional conduct shall include, but is not limited to, any of
the following:
(a) Gross immorality.
(b) Incompetence.
(c) Gross negligence.
(d) The clearly excessive furnishing of controlled substances in
violation of subdivision (a) of Section 11153 of the Health and
Safety Code.
(e) The clearly excessive furnishing of controlled substances in
violation of subdivision (a) of Section 11153.5 of the Health and
Safety Code. Factors to be considered in determining whether the
furnishing of controlled substances is clearly excessive shall
include, but not be limited to, the amount of controlled substances
furnished, the previous ordering pattern of the customer (including
size and frequency of orders), the type and size of the customer, and
where and to whom the customer distributes its product.
(f) The commission of any act involving moral turpitude,
dishonesty, fraud, deceit, or corruption, whether the act is
committed in the course of relations as a licensee or otherwise, and
whether the act is a felony or misdemeanor or not.
(g) Knowingly making or signing any certificate or other document
that falsely represents the existence or nonexistence of a state of
facts.
(h) The administering to oneself, of any controlled substance, or
the use of any dangerous drug or of alcoholic beverages to the extent
or in a manner as to be dangerous or injurious to oneself, to a
person holding a license under this chapter, or to any other person
or to the public, or to the extent that the use impairs the ability
of the person to conduct with safety to the public the practice
authorized by the license.
(i) Except as otherwise authorized by law, knowingly selling,
furnishing, giving away, or administering, or offering to sell,
furnish, give away, or administer, any controlled substance to an
addict.
(j) The violation of any of the statutes of this state, of any
other state, or of the United States regulating controlled substances
and dangerous drugs.
(k) The conviction of more than one misdemeanor or any felony
involving the use, consumption, or self-administration of any
dangerous drug or alcoholic beverage, or any combination of those
substances.
(l) The conviction of a crime substantially related to the
qualifications, functions, and duties of a licensee under this
chapter. The record of conviction of a violation of Chapter 13
(commencing with Section 801) of Title 21 of the United States Code
regulating controlled substances or of a violation of the statutes of
this state regulating controlled substances or dangerous drugs shall
be conclusive evidence of unprofessional conduct. In all other
cases, the record of conviction shall be conclusive evidence only of
the fact that the conviction occurred. The board may inquire into the
circumstances surrounding the commission of the crime, in order to
fix the degree of discipline or, in the case of a conviction not
involving controlled substances or dangerous drugs, to determine if
the conviction is of an offense substantially related to the
qualifications, functions, and duties of a licensee under this
chapter. A plea or verdict of guilty or a conviction following a plea
of nolo contendere is deemed to be a conviction within the meaning
of this provision. The board may take action when the time for appeal
has elapsed, or the judgment of conviction has been affirmed on
appeal or when an order granting probation is made suspending the
imposition of sentence, irrespective of a subsequent order under
Section 1203.4 of the Penal Code allowing the person to withdraw his
or her plea of guilty and to enter a plea of not guilty, or setting
aside the verdict of guilty, or dismissing the accusation,
information, or indictment.
(m) The cash compromise of a charge of violation of Chapter 13
(commencing with Section 801) of Title 21 of the United States Code
regulating controlled substances or of Chapter 7 (commencing with
Section 14000) of Part 3 of Division 9 of the Welfare and
Institutions Code relating to the Medi-Cal program. The record of the
compromise is conclusive evidence of unprofessional conduct.
(n) The revocation, suspension, or other discipline by another
state of a license to practice pharmacy, operate a pharmacy, or do
any other act for which a license is required by this chapter.
(o) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of or conspiring to violate
any provision or term of this chapter or of the applicable federal
and state laws and regulations governing pharmacy, including
regulations established by the board or by any other state or federal
regulatory agency.
(p) Actions or conduct that would have warranted denial of a
license.
(q) Engaging in any conduct that subverts or attempts to subvert
an investigation of the board.
(r) The selling, trading, transferring, or furnishing of drugs
obtained pursuant to Section 256b of Title 42 of the United States
Code to any person a licensee knows or reasonably should have known,
not to be a patient of a covered entity, as defined in paragraph (4)
of subsection (a) of Section 256b of Title 42 of the United States
Code.
(s) The clearly excessive furnishing of dangerous drugs by a
wholesaler to a pharmacy that primarily or solely dispenses
prescription drugs to patients of long-term care facilities. Factors
to be considered in determining whether the furnishing of dangerous
drugs is clearly excessive shall include, but not be limited to, the
amount of dangerous drugs furnished to a pharmacy that primarily or
solely dispenses prescription drugs to patients of long-term care
facilities, the previous ordering pattern of the pharmacy, and the
general patient population to whom the pharmacy distributes the
dangerous drugs. That a wholesaler has established, and employs, a
tracking system that complies with the requirements of subdivision
(b) of Section 4164 shall be considered in determining whether there
has been a violation of this subdivision. This provision shall not be
interpreted to require a wholesaler to obtain personal medical
information or be authorized to permit a wholesaler to have access to
personal medical information except as otherwise authorized by
Section 56 and following of the Civil Code. For purposes of this
section, "long-term care facility" shall have the same meaning given
the term in Section 1418 of the Health and Safety Code.
SEC. 61. SEC. 60. Section 4305 of
the Business and Professions Code is amended to read:
4305. (a) Failure by any pharmacist to notify the board in
writing that he or she has ceased to act as the pharmacist-in-charge
of a pharmacy, or by any pharmacy to notify the board in writing that
a pharmacist-in-charge is no longer acting in that capacity, within
the 30-day period specified in Sections 4101 and 4113 shall
constitute grounds for disciplinary action.
(b) Operation of a pharmacy for more than 30 days without
supervision or management by a pharmacist-in-charge shall constitute
grounds for disciplinary action.
(c) Any person who has obtained a license to conduct a pharmacy,
who willfully fails to timely notify the board that the
pharmacist-in-charge of the pharmacy has ceased to act in that
capacity, and who continues to permit the compounding or dispensing
of prescriptions, or the furnishing of drugs or poisons, in his or
her pharmacy, except by a pharmacist subject to the supervision and
management of a responsible pharmacist-in-charge, shall be subject to
summary suspension or revocation of his or her license to conduct a
pharmacy.
SEC. 62. SEC. 61. Section 4329 of
the Business and Professions Code is amended to read:
4329. Any nonpharmacist who takes charge of or acts as
supervisor, manager, or pharmacist-in-charge of any pharmacy, or who
compounds or dispenses a prescription or furnishes dangerous drugs
except as otherwise provided in this chapter, is guilty of a
misdemeanor.
SEC. 63. SEC. 62. Section 4330 of
the Business and Professions Code is amended to read:
4330. (a) Any person who has obtained a license to conduct a
pharmacy, who fails to place in charge of the pharmacy a pharmacist,
or any person, who by himself or herself, or by any other person,
permits the compounding or dispensing of prescriptions, or the
furnishing of dangerous drugs, in his or her pharmacy, except by a
pharmacist, or as otherwise provided in this chapter, is guilty of a
misdemeanor.
(b) Any pharmacy owner who commits any act that would subvert or
tend to subvert the efforts of the pharmacist-in-charge to comply
with the laws governing the operation of the pharmacy is guilty of a
misdemeanor.
SEC. 64. SEC. 63. Section 4857 of
the Business and Professions Code is amended to read:
4857. (a) A veterinarian licensed under the provisions of this
chapter shall not disclose any information concerning an animal
receiving veterinary services, the client responsible for the animal
receiving veterinary services, or the veterinary care provided to an
animal, except under any one of the following circumstances:
(1) Upon written or witnessed oral authorization by knowing and
informed consent of the client responsible for the animal receiving
services or an authorized agent of the client.
(2) Upon authorization received by electronic transmission when
originated by the client responsible for the animal receiving
services or an authorized agent of the client.
(3) In response to a valid court order or subpoena.
(4) As may be required to ensure compliance with any federal,
state, county, or city law or regulation, including, but not limited
to, the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code).
(5) Nothing in this section is intended to prevent the sharing of
veterinary medical information between veterinarians or facilities
for the purpose of diagnosis or treatment of the animal who is
the subject of the medical
records.
(6) As otherwise provided in this section.
(b) This section shall not apply to the extent that the client
responsible for an animal or an authorized agent of the client
responsible for the animal has filed or caused to be filed a civil or
criminal complaint that places the veterinarian's care and treatment
of the animal or the nature and extent of the injuries to the animal
at issue, or when the veterinarian is acting to comply with federal,
state, county, or city laws or regulations.
(c) A veterinarian shall be subject to the criminal penalties set
forth in Section 4831 or any other provision of this code for a
violation of this section. In addition, any veterinarian who
negligently releases confidential information shall be liable in a
civil action for any damages caused by the release of that
information.
(d) Nothing in this section is intended to prevent the sharing of
veterinary medical information between veterinarians and peace
officers, humane society officers, or animal control officers who are
acting to protect the welfare of animals.
SEC. 65. SEC. 64. Section 4980.04 is
added to the Business and Professions Code, to read:
4980.04. This chapter shall be known and may be cited as the
Marriage and Family Therapist Act.
SEC. 66. SEC. 65. Section 4980.30 of
the Business and Professions Code is amended to read:
4980.30. Except as otherwise provided herein, a person desiring
to practice and to advertise the performance of marriage and family
therapy services shall apply to the board for a license, pay the
license fee required by this chapter, and obtain a license from the
board.
SEC. 67. SEC. 66. Section 4980.43 of
the Business and Professions Code is amended to read:
4980.43. (a) Prior to applying for licensure examinations, each
applicant shall complete experience that shall comply with the
following:
(1) A minimum of 3,000 hours completed during a period of at least
104 weeks.
(2) Not more than 40 hours in any seven consecutive days.
(3) Not less than 1,700 hours of supervised experience completed
subsequent to the granting of the qualifying master's or doctor's
degree.
(4) Not more than 1,300 hours of experience obtained prior to
completing a master's or doctor's degree. This experience shall be
composed as follows:
(A) Not more than 750 hours of counseling and direct supervisor
contact.
(B) Not more than 250 hours of professional enrichment activities,
excluding personal psychotherapy as described in paragraph (2) of
subdivision (l).
(C) Not more than 100 hours of personal psychotherapy as described
in paragraph (2) of subdivision (l). The applicant shall be credited
for three hours of experience for each hour of personal
psychotherapy.
(5) No hours of experience may be gained prior to completing
either 12 semester units or 18 quarter units of graduate instruction
and becoming a trainee except for personal psychotherapy.
(6) No hours of experience gained more than six years prior to the
date the application for examination eligibility was filed, except
that up to 500 hours of clinical experience gained in the supervised
practicum required by subdivision (b) of Section 4980.40 shall be
exempt from this six-year requirement.
(7) Not more than a total of 1,000 hours of experience for direct
supervisor contact and professional enrichment activities.
(8) Not more than 500 hours of experience providing group therapy
or group counseling.
(9) Not more than 250 hours of postdegree experience administering
and evaluating psychological tests of counselees, writing clinical
reports, writing progress notes, or writing process notes.
(10) Not more than 250 hours of experience providing counseling or
crisis counseling on the telephone.
(11) Not less than 500 total hours of experience in diagnosing and
treating couples, families, and children.
(12) Not more than 125 hours of experience providing personal
psychotherapy services via telemedicine in accordance with Section
2290.5.
(b) All applicants, trainees, and registrants shall be at all
times under the supervision of a supervisor who shall be responsible
for ensuring that the extent, kind, and quality of counseling
performed is consistent with the training and experience of the
person being supervised, and who shall be responsible to the board
for compliance with all laws, rules, and regulations governing the
practice of marriage and family therapy. Supervised experience shall
be gained by interns and trainees either as an employee or as a
volunteer. The requirements of this chapter regarding gaining hours
of experience and supervision are applicable equally to employees and
volunteers. Experience shall not be gained by interns or trainees as
an independent contractor.
(c) Supervision shall include at least one hour of direct
supervisor contact in each week for which experience is credited in
each work setting, as specified:
(1) A trainee shall receive an average of at least one hour of
direct supervisor contact for every five hours of client contact in
each setting.
(2) Each individual supervised after being granted a qualifying
degree shall receive an average of at least one hour of direct
supervisor contact for every 10 hours of client contact in each
setting in which experience is gained.
(3) For purposes of this section, "one hour of direct supervisor
contact" means one hour of face-to-face contact on an individual
basis or two hours of face-to-face contact in a group of not more
than eight persons.
(4) All experience gained by a trainee shall be monitored by the
supervisor as specified by regulation. The 5-to-1 and 10-to-1 ratios
specified in this subdivision shall be applicable to all hours gained
on or after January 1, 1995.
(d) (1) A trainee may be credited with supervised experience
completed in any setting that meets all of the following:
(A) Lawfully and regularly provides mental health counseling or
psychotherapy.
(B) Provides oversight to ensure that the trainee's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as defined in Section 4980.02.
(C) Is not a private practice owned by a licensed marriage and
family therapist, a licensed psychologist, a licensed clinical social
worker, a licensed physician and surgeon, or a professional
corporation of any of those licensed professions.
(2) Experience may be gained by the trainee solely as part of the
position for which the trainee volunteers or is employed.
(e) (1) An intern may be credited with supervised experience
completed in any setting that meets both of the following:
(A) Lawfully and regularly provides mental health counseling or
psychotherapy.
(B) Provides oversight to ensure that the intern's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as defined in Section 4980.02.
(2) An applicant shall not be employed or volunteer in a private
practice, as defined in subparagraph (C) of paragraph (1) of
subdivision (d), until registered as an intern.
(3) While an intern may be either a paid employee or a volunteer,
employers are encouraged to provide fair remuneration to interns.
(4) Except for periods of time during a supervisor's vacation or
sick leave, an intern who is employed or volunteering in private
practice shall be under the direct supervision of a licensee that has
satisfied the requirements of subdivision (g) of Section 4980.03.
The supervising licensee shall either be employed by and practice at
the same site as the intern's employer, or shall be an owner or
shareholder of the private practice. Alternative supervision may be
arranged during a supervisor's vacation or sick leave if the
supervision meets the requirements of this section.
(5) Experience may be gained by the intern solely as part of the
position for which the intern volunteers or is employed.
(f) Except as provided in subdivision (g), all persons shall
register with the board as an intern in order to be credited for
postdegree hours of supervised experience gained toward licensure.
(g) Except when employed in a private practice setting, all
postdegree hours of experience shall be credited toward licensure so
long as the applicant applies for the intern registration within 90
days of the granting of the qualifying master's or doctor's degree
and is thereafter granted the intern registration by the board.
(h) Trainees, interns, and applicants shall not receive any
remuneration from patients or clients, and shall only be paid by
their employers.
(i) Trainees, interns, and applicants shall only perform services
at the place where their employers regularly conduct business, which
may include performing services at other locations, so long as the
services are performed under the direction and control of their
employer and supervisor, and in compliance with the laws and
regulations pertaining to supervision. Trainees and interns shall
have no proprietary interest in their employers' businesses and shall
not lease or rent space, pay for furnishings, equipment or supplies,
or in any other way pay for the obligations of their employers.
(j) Trainees, interns, or applicants who provide volunteered
services or other services, and who receive no more than a total,
from all work settings, of five hundred dollars ($500) per month as
reimbursement for expenses actually incurred by those trainees,
interns, or applicants for services rendered in any lawful work
setting other than a private practice shall be considered an employee
and not an independent contractor. The board may audit applicants
who receive reimbursement for expenses, and the applicants shall have
the burden of demonstrating that the payments received were for
reimbursement of expenses actually incurred.
(k) Each educational institution preparing applicants for
licensure pursuant to this chapter shall consider requiring, and
shall encourage, its students to undergo individual, marital or
conjoint, family, or group counseling or psychotherapy, as
appropriate. Each supervisor shall consider, advise, and encourage
his or her interns and trainees regarding the advisability of
undertaking individual, marital or conjoint, family, or group
counseling or psychotherapy, as appropriate. Insofar as it is deemed
appropriate and is desired by the applicant, the educational
institution and supervisors are encouraged to assist the applicant in
locating that counseling or psychotherapy at a reasonable cost.
(l) For purposes of this chapter, "professional enrichment
activities" includes the following:
(1) Workshops, seminars, training sessions, or conferences
directly related to marriage and family therapy attended by the
applicant that are approved by the applicant's supervisor.
(2) Participation by the applicant in personal psychotherapy which
includes group, marital or conjoint, family, or individual
psychotherapy by an appropriately licensed professional.
SEC. 68. SEC. 67. Section 4981 of
the Business and Professions Code is repealed.
SEC. 69. SEC. 68. Section 4990.09 is
added to the Business and Professions Code, to read:
4990.09. The board shall not publish on the Internet the final
determination of a citation and fine of one thousand five hundred
dollars ($1,500) or less issued against a licensee or registrant
pursuant to Section 125.9 for a period of time in excess of five
years from the date of issuance of the citation.
SEC. 70. SEC. 69. Section 4994.1 of
the Business and Professions Code is repealed.
SEC. 71. SEC. 70. Section 4996.2 of
the Business and Professions Code is amended to read:
4996.2. Each applicant shall furnish evidence satisfactory to the
board that he or she complies with all of the following
requirements:
(a) Is at least 21 years of age.
(b) Has received a master's degree from an accredited school of
social work.
(c) Has had two years of supervised post-master's degree
experience, as specified in Section 4996.23.
(d) Has not committed any crimes or acts constituting grounds for
denial of licensure under Section 480. The board shall not issue a
registration or license to any person who has been convicted of any
crime in this or another state or in a territory of the United States
that involves sexual abuse of children or who is required to
register pursuant to Section 290 of the Penal Code or the equivalent
in another state or territory.
(e) Has completed adequate instruction and training in the subject
of alcoholism and other chemical substance dependency. This
requirement applies only to applicants who matriculate on or after
January 1, 1986.
(f) Has completed instruction and training in spousal or partner
abuse assessment, detection, and intervention. This requirement
applies to an applicant who began graduate training during the period
commencing on January 1, 1995, and ending on December 31, 2003. An
applicant who began graduate training on or after January 1, 2004,
shall complete a minimum of 15 contact hours of coursework in spousal
or partner abuse assessment, detection, and intervention strategies,
including knowledge of community resources, cultural factors, and
same gender abuse dynamics. Coursework required under this
subdivision may be satisfactory if taken either in fulfillment of
other educational requirements for licensure or in a separate course.
This requirement for coursework shall be satisfied by, and the board
shall accept in satisfaction of the requirement, a certification
from the chief academic officer of the educational institution from
which the applicant graduated that the required coursework is
included within the institution's required curriculum for graduation.
(g) Has completed a minimum of 10 contact hours of training or
coursework in human sexuality as specified in Section 1807 of Title
16 of the California Code of Regulations. This training or coursework
may be satisfactory if taken either in fulfillment of other
educational requirements for licensure or in a separate course.
(h) Has completed a minimum of seven contact hours of training or
coursework in child abuse assessment and reporting as specified in
Section 1807.2 of Title 16 of the California Code of Regulations.
This training or coursework may be satisfactory if taken either in
fulfillment of other educational requirements for licensure or in a
separate course.
SEC. 72. SEC. 71. Section 4996.17 of
the Business and Professions Code is amended to read:
4996.17. (a) Experience gained outside of California shall be
accepted toward the licensure requirements if it is substantially the
equivalent of the requirements of this chapter.
(b) The board may issue a license to any person who, at the time
of application, holds a valid active clinical social work license
issued by a board of clinical social work examiners or corresponding
authority of any state, if the person passes the board administered
licensing examinations as specified in Section 4996.1 and pays the
required fees. Issuance of the license is conditioned upon all of the
following:
(1) The applicant has supervised experience that is substantially
the equivalent of that required by this chapter. If the applicant has
less than 3,200 hours of qualifying supervised experience, time
actively licensed as a clinical social worker shall be accepted at a
rate of 100 hours per month up to a maximum of 1,200 hours.
(2) Completion of the following coursework or training in or out
of this state:
(A) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28, and
any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
(D) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(3) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
(4) The applicant is not currently under investigation in any
other state, and has not been charged with an offense for any act
substantially related to the practice of social work by any public
agency, entered into any consent agreement or been subject to an
administrative decision that contains conditions placed by an agency
upon an applicant's professional conduct or practice, including any
voluntary surrender of license, or been the subject of an adverse
judgment resulting from the practice of social work that the board
determines constitutes evidence of a pattern of incompetence or
negligence.
(5) The applicant shall provide a certification from each state
where he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
(6) The applicant is not subject to denial of licensure under
Section 480, 4992.3, 4992.35, or 4992.36.
(c) The board may issue a license to any person who, at the time
of application, has held a valid, active clinical social work license
for a minimum of four years, issued by a board of clinical social
work examiners or a corresponding authority of any state, if the
person passes the board administered licensing examinations as
specified in Section 4996.1 and pays the required fees. Issuance of
the license is conditioned upon all of the following:
(1) Completion of the following coursework or training in or out
of state:
(A) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28, and
any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
(D) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(2) The applicant has been licensed as a clinical social worker
continuously for a minimum of four years prior to the date of
application.
(3) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
(4) The applicant is not currently under investigation in any
other state, and has not been charged with an offense for any act
substantially related to the practice of social work by any public
agency, entered into any consent agreement or been subject to an
administrative decision that contains conditions placed by an agency
upon an applicant's professional conduct or practice, including any
voluntary surrender of license, or been the subject of an adverse
judgment resulting from the practice of social work that the board
determines constitutes evidence of a pattern of incompetence or
negligence.
(5) The applicant provides a certification from each state where
he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
(6) The applicant is not subject to denial of licensure under
Section 480, 4992.3, 4992.35, or 4992.36.
SEC. 73. SEC. 72. Section 4996.18 of
the Business and Professions Code is amended to read:
4996.18. (a) A person who wishes to be credited with experience
toward licensure requirements shall register with the board as an
associate clinical social worker prior to obtaining that experience.
The application shall be made on a form prescribed by the board.
(b) An applicant for registration shall satisfy the following
requirements:
(1) Possess a master's degree from an accredited school or
department of social work.
(2) Have committed no crimes or acts constituting grounds for
denial of licensure under Section 480.
(c) An applicant who possesses a master's degree from a school or
department of social work that is a candidate for accreditation by
the Commission on Accreditation of the Council on Social Work
Education shall be eligible, and shall be required, to register as an
associate clinical social worker in order to gain experience toward
licensure if the applicant has not committed any crimes or acts that
constitute grounds for denial of licensure under Section 480. That
applicant shall not, however, be eligible for examination until the
school or department of social work has received accreditation by the
Commission on Accreditation of the Council on Social Work Education.
(d) Any experience obtained under the supervision of a spouse or
relative by blood or marriage shall not be credited toward the
required hours of supervised experience. Any experience obtained
under the supervision of a supervisor with whom the applicant has a
personal relationship that undermines the authority or effectiveness
of the supervision shall not be credited toward the required hours of
supervised experience.
(e) An applicant who possesses a master's degree from an
accredited school or department of social work shall be able to apply
experience the applicant obtained during the time the accredited
school or department was in candidacy status by the Commission on
Accreditation of the Council on Social Work Education toward the
licensure requirements, if the experience meets the requirements of
Section 4996.23. This subdivision shall apply retroactively to
persons who possess a master's degree from an accredited school or
department of social work and who obtained experience during the time
the accredited school or department was in candidacy status by the
Commission on Accreditation of the Council on Social Work Education.
(f) An applicant for registration or licensure trained in an
educational institution outside the United States shall demonstrate
to the satisfaction of the board that he or she possesses a master's
of social work degree that is equivalent to a master's degree issued
from a school or department of social work that is accredited by the
Commission on Accreditation of the Council on Social Work Education.
These applicants shall provide the board with a comprehensive
evaluation of the degree and shall provide any other documentation
the board deems necessary. The board has the authority to make the
final determination as to whether a degree meets all requirements,
including, but not limited to, course requirements regardless of
evaluation or accreditation.
(g) A registrant shall not provide clinical social work services
to the public for a fee, monetary or otherwise, except as an
employee.
(h) A registrant shall inform each client or patient prior to
performing any professional services that he or she is unlicensed and
is under the supervision of a licensed professional.
SEC. 74. SEC. 73. Section 4996.20 of
the Business and Professions Code is repealed.
SEC. 75. SEC. 74. Section 4996.21 of
the Business and Professions Code is repealed.
SEC. 76. SEC. 75. Section 5515.5 is
added to the Business and Professions Code, to read:
5515.5. (a) Notwithstanding Section 5515, the following
provisions shall apply:
(1) Of the architect members of the board appointed by the
Governor whose terms commence on July 1, 2009, the term of two
members shall expire on June 30, 2013, and the term of one member
shall expire on June 30, 2015.
(2) Of the architect members of the board appointed by the
Governor whose terms commence on July 1, 2010, one member's term
shall expire on June 30, 2014, and one member's term shall expire on
June 30, 2016.
(3) The term of the public member of the board appointed by the
Governor whose term commences on July 1, 2010, shall expire on June
30, 2015.
(4) Of the public members of the board appointed by the Governor
whose terms commence on July 1, 2012, one member's term shall expire
on June 30, 2016, and one member's term shall expire on June 30,
2017.
(b) Except as provided in subdivision (a), this section shall not
be construed to affect the application of Section 5515 to the terms
of any current or future members of the board.
SEC. 77. SEC. 76. Section 5801 of
the Business and Professions Code is amended to read:
5801. A certified interior designer may obtain a stamp from an
interior design organization that shall include a number that
uniquely identifies and bears the name of that certified interior
designer. The stamp certifies that the interior designer has provided
the interior design organization with evidence of passage of an
interior design examination approved by that interior design
organization and any of the following:
(a) He or she is a graduate of a four- or five-year accredited
interior design degree program, and has two years of diversified
interior design experience.
(b) He or she has completed a three-year accredited interior
design certificate program, and has completed three years of
diversified interior design experience.
(c) He or she has completed a two-year accredited interior design
program and has completed four years of diversified interior design
experience.
(d) He or she has at least eight years of interior design
education, or at least eight years of diversified interior design
experience, or a combination of interior design education and
diversified interior design experience that together total at least
eight years.
SEC. 78. SEC. 77. Section 6534 of the
Business and Professions Code is amended to read:
6534. (a) The bureau shall maintain the following information in
each licensee's file, shall make this information available to a
court for any purpose, including the determination of the
appropriateness of appointing or continuing the appointment of, or
removing, the licensee as a conservator, guardian, trustee, or
personal representative, and shall otherwise keep this information
confidential, except as provided in subdivisions (b) and (c) of this
section:
(1) The names of the licensee's current conservatees or wards and
the trusts or estates currently administered by the licensee.
(2) The aggregate dollar value of all assets currently under the
licensee's supervision as a professional fiduciary.
(3) The licensee's current addresses and telephone numbers for his
or her place of business and place of residence.
(4) Whether the licensee has
ever been removed for cause as a conservator, guardian, trustee, or
personal representative or has ever resigned as a conservator,
guardian, trustee, or personal representative in a specific case, the
circumstances causing that removal or resignation, and the case
names, court locations, and case numbers associated with the removal
or resignation.
(5) The case names, court locations, and case numbers of all
conservatorship, guardianship, or trust or other estate
administration cases that are closed for which the licensee served as
the conservator, guardian, trustee, or personal representative.
(6) Information regarding any discipline imposed upon the licensee
by the bureau.
(7) Whether the licensee has filed for bankruptcy or held a
controlling financial interest in a business that filed for
bankruptcy in the last 10 years.
(b) The bureau shall make the information in paragraphs (2), (4),
(6), and (7) of subdivision (a) available to the public.
(c) The bureau shall also publish information regarding licensees
on the Internet as specified in Section 27. The information shall
include, but shall not be limited to, information regarding license
status and the information specified under subdivision (b).
SEC. 79. SEC. 78. Section 6536 of
the Business and Professions Code is amended to read:
6536. The bureau shall review all applications for licensure and
may investigate an applicant's qualifications for licensure. The
bureau shall approve those applications that meet the requirements
for licensure, but shall not issue a license to any applicant who
meets any of the following criteria:
(a) Does not meet the qualifications for licensure under this
chapter.
(b) Has been convicted of a crime substantially related to the
qualifications, functions, or duties of a fiduciary.
(c) Has engaged in fraud or deceit in applying for a license under
this chapter.
(d) Has engaged in dishonesty, fraud, or gross negligence in
performing the functions or duties of a fiduciary, including engaging
in such conduct prior to January 1, 2009.
(e) Has been removed as a fiduciary by a court for breach of trust
committed intentionally, with gross negligence, in bad faith, or
with reckless indifference, or has demonstrated a pattern of
negligent conduct, including a removal prior to January 1, 2009, and
all appeals have been taken, or the time to file an appeal has
expired.
SEC. 80. SEC. 79. Section 6561 of
the Business and Professions Code is amended to read:
6561. (a) A licensee shall initially, and annually thereafter,
file with the bureau a statement under penalty of perjury containing
the following:
(1) Her or his business address, telephone number, and facsimile
number.
(2) Whether or not he or she has been removed as a conservator,
guardian, trustee, or personal representative for cause. The licensee
may file an additional statement of the issues and facts pertaining
to the case.
(3) The case names, court locations, and case numbers for all
matters where the licensee has been appointed by the court.
(4) Whether he or she has been found by a court to have breached a
fiduciary duty.
(5) Whether he or she has resigned or settled a matter in which a
complaint has been filed, along with the case number and a statement
of the issues and facts pertaining to the allegations.
(6) Any licenses or professional certificates held by the
licensee.
(7) Any ownership or beneficial interests in any businesses or
other enterprises held by the licensee or by a family member that
receives or has received payments from a client of the licensee.
(8) Whether the licensee has filed for bankruptcy or held a
controlling financial interest in a business that filed for
bankruptcy in the last ten years.
(9) The name of any persons or entities that have an interest in
the licensee's professional fiduciary business.
(10) Whether the licensee has been convicted of a crime.
(b) The statement by the licensee required by this section may be
filed electronically with the bureau, in a form approved by the
bureau. However, any additional statement filed under paragraph (2)
of subdivision (a) shall be filed in writing.
SEC. 81. SEC. 80. Section 6761 of
the Business and Professions Code is repealed.
SEC. 82. SEC. 81. Section 7616 of
the Business and Professions Code is amended to read:
7616. (a) A licensed funeral establishment is a place of business
conducted in a building or separate portion of a building having a
specific street address or location and devoted exclusively to those
activities as are incident, convenient, or related to the preparation
and arrangements, financial and otherwise, for the funeral,
transportation, burial or other disposition of human remains and
including, but not limited to, either of the following:
(1) A suitable room for the storage of human remains.
(2) A preparation room equipped with a sanitary flooring and
necessary drainage and ventilation and containing necessary
instruments and supplies for the preparation, sanitation, or
embalming of human remains for burial or transportation.
(b) Licensed funeral establishments under common ownership or by
contractual agreement within close geographical proximity of each
other shall be deemed to be in compliance with the requirements of
paragraph (1) or (2) of subdivision (a) if at least one of the
establishments has a room described in those paragraphs.
(c) Except as provided in Section 7609, and except accredited
embalming schools and colleges engaged in teaching students the art
of embalming, no person shall operate or maintain or hold himself or
herself out as operating or maintaining any of the facilities
specified in paragraph (2) of subdivision (a), unless he or she is
licensed as a funeral director.
(d) Nothing in this section shall be construed to require a
funeral establishment to conduct its business or financial
transactions at the same location as its preparation or storage of
human remains.
(e) Nothing in this chapter shall be deemed to render unlawful the
conduct of any ambulance service from the same premises as those on
which a licensed funeral establishment is conducted, including the
maintenance in connection with the funeral establishment of garages
for the ambulances and living quarters for ambulance drivers.
SEC. 83. SEC. 82. Section 7629 of
the Business and Professions Code is amended to read:
7629. No funeral establishment shall be conducted or held forth
as being conducted or advertised as being conducted under any name
which might tend to mislead the public or which would be sufficiently
like the name of any other licensed funeral establishment so as to
constitute an unfair method of competition.
Any funeral director desiring to change the name appearing on his
or her license may do so by applying to the bureau and paying the fee
fixed by this chapter.
SEC. 84. SEC. 83. Section 8740 of
the Business and Professions Code is amended to read:
8740. (a) An application for each division of the examination for
a license as a land surveyor shall be made to the board on the form
prescribed by it, with all statements therein made under oath, and
shall be accompanied by the application fee fixed by this chapter.
(b) The board may authorize an organization specified by the board
pursuant to Section 8745 to receive directly from applicants payment
of the examination fees charged by that organization as payment for
examination materials and services.
SEC. 85. SEC. 84. Section 8746 of
the Business and Professions Code is amended to read:
8746. An applicant failing on examination, upon the payment of
another application fee, may be examined again.
SEC. 86. SEC. 85. Section 9855.15 is
added to the Business and Professions Code, to read:
9855.15. (a) Notwithstanding any other provision of law, a
violation of Section 9855.1 is an infraction subject to the
procedures described in Sections 19.6 and 19.7 of the Penal Code when
either of the following applies:
(1) A complaint or a written notice to appear in court pursuant to
Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of
the Penal Code is filed in court charging the offense as an
infraction unless the defendant, at the time he or she is arraigned,
after being advised of his or her rights, elects to have the case
proceed as a misdemeanor.
(2) The court, with the consent of the defendant and the
prosecution, determines that the offense is an infraction in which
event the case shall proceed as if the defendant has been arraigned
on an infraction complaint.
(b) Subdivision (a) does not apply to a violation of Section
9855.1 if the defendant has had his or her registration previously
revoked or suspended.
(c) Notwithstanding any other provision of law, a violation of
Section 9855.1, which is an infraction, is punishable by a fine of
not less than two hundred fifty dollars ($250) and not more than one
thousand dollars ($1,000).
No portion of the minimum fine may be suspended by the court
unless as a condition of that suspension the defendant is required to
submit proof of a current valid registration to act as a service
contractor the absence of which was the basis for his or her
conviction.
SEC. 87. SEC. 86. Section 8659 of the
Government Code is amended to read:
8659. Any physician or surgeon (whether licensed in this state or
any other state), hospital, pharmacist, respiratory care
practitioner, nurse, or dentist who renders services during any state
of war emergency, a state of emergency, or a local emergency at the
express or implied request of any responsible state or local official
or agency shall have no liability for any injury sustained by any
person by reason of those services, regardless of how or under what
circumstances or by what cause those injuries are sustained;
provided, however, that the immunity herein granted shall not apply
in the event of a willful act or omission.
SEC. 88. SEC. 87. Section 8778.5 of
the Health and Safety Code is amended to read:
8778.5. Each special care trust fund established pursuant to this
article shall be administered in compliance with the following
requirements:
(a) (1) The board of trustees shall honor a written request of
revocation by the trustor within 30 days upon receipt of the written
request.
(2) Except as provided in paragraph (3), the board of trustees
upon revocation of a special care trust may assess a revocation fee
on the earned income of the trust only, the amount of which shall not
exceed 10 percent of the trust corpus, as set forth in subdivision
(c) of Section 2370 of Title 16 of the California Code of
Regulations.
(3) If, prior to or upon the death of the beneficiary of a
revocable special care trust, the cemetery authority is unable to
perform the services of the special care trust fund agreement, the
board of trustees shall pay the entire trust corpus and all earned
income to the beneficiary or trustor, or the legal representative of
either the beneficiary or trustor, without the imposition of a
revocation fee.
(b) Notwithstanding subdivision (d) of Section 2370 of Title 16 of
the California Code of Regulations, the board of trustees may charge
an annual fee for administering a revocable special care trust fund,
which may be recovered by administrative withdrawals from current
trust income, but the total administrative withdrawals in any year
shall not exceed 4 percent of the trust balance.
(c) Notwithstanding Section 8785, any person, partnership, or
corporation who violates this section shall be subject to
disciplinary action as provided in Article 6 (commencing with Section
9725) of Chapter 19 of Division 3 of the Business and Professions
Code, or by a civil fine not exceeding five hundred dollars ($500),
or by both, as determined by the Cemetery and Funeral Bureau and
shall not be guilty of a crime.
SEC. 89. SEC. 88. Section 11150 of
the Health and Safety Code is amended to read:
11150. No person other than a physician, dentist, podiatrist, or
veterinarian, or naturopathic doctor acting pursuant to Section
3640.7 of the Business and Professions Code, or pharmacist acting
within the scope of a project authorized under Article 1 (commencing
with Section 128125) of Chapter 3 of Part 3 of Division 107 or within
the scope of either Section 4052.1 or 4052.2 of the Business and
Professions Code, a registered nurse acting within the scope of a
project authorized under Article 1 (commencing with Section 128125)
of Chapter 3 of Part 3 of Division 107, a certified nurse-midwife
acting within the scope of Section 2746.51 of the Business and
Professions Code, a nurse practitioner acting within the scope of
Section 2836.1 of the Business and Professions Code, a physician
assistant acting within the scope of a project authorized under
Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of
Division 107 or Section 3502.1 of the Business and Professions Code,
a naturopathic doctor acting within the scope of Section 3640.5 of
the Business and Professions Code, or an optometrist acting within
the scope of Section 3041 of the Business and Professions Code, or an
out-of-state prescriber acting pursuant to Section 4005 of the
Business and Professions Code shall write or issue a prescription.
SEC. 90. SEC. 89. Section 11165 of
the Health and Safety Code is amended to read:
11165. (a) To assist law enforcement and regulatory agencies in
their efforts to control the diversion and resultant abuse of
Schedule II, Schedule III, and Schedule IV controlled substances, and
for statistical analysis, education, and research, the Department of
Justice shall, contingent upon the availability of adequate funds
from the Contingent Fund of the Medical Board of California, the
Pharmacy Board Contingent Fund, the State Dentistry Fund, the Board
of Registered Nursing Fund, and the Osteopathic Medical Board of
California Contingent Fund, maintain the Controlled Substance
Utilization Review and Evaluation System (CURES) for the electronic
monitoring of the prescribing and dispensing of Schedule II, Schedule
III, and Schedule IV controlled substances by all practitioners
authorized to prescribe or dispense these controlled substances.
(b) The reporting of Schedule III and Schedule IV controlled
substance prescriptions to CURES shall be contingent upon the
availability of adequate funds from the Department of Justice. The
Department of Justice may seek and use grant funds to pay the costs
incurred from the reporting of controlled substance prescriptions to
CURES. Funds shall not be appropriated from the Contingent Fund of
the Medical Board of California, the Pharmacy Board Contingent Fund,
the State Dentistry Fund, the Board of Registered Nursing Fund, the
Naturopathic Doctor's Fund, or the Osteopathic Medical Board of
California Contingent Fund to pay the costs of reporting Schedule III
and Schedule IV controlled substance prescriptions to CURES.
(c) CURES shall operate under existing provisions of law to
safeguard the privacy and confidentiality of patients. Data obtained
from CURES shall only be provided to appropriate state, local, and
federal persons or public agencies for disciplinary, civil, or
criminal purposes and to other agencies or entities, as determined by
the Department of Justice, for the purpose of educating
practitioners and others in lieu of disciplinary, civil, or criminal
actions. Data may be provided to public or private entities, as
approved by the Department of Justice, for educational, peer review,
statistical, or research purposes, provided that patient information,
including any information that may identify the patient, is not
compromised. Further, data disclosed to any individual or agency as
described in this subdivision shall not be disclosed, sold, or
transferred to any third party.
(d) For each prescription for a Schedule II, Schedule III, or
Schedule IV controlled substance, the dispensing pharmacy or clinic
shall provide the following information to the Department of Justice
on a weekly basis and in a format specified by the Department of
Justice:
(1) Full name, address, and the telephone number of the ultimate
user or research subject, or contact information as determined by the
Secretary of the United States Department of Health and Human
Services, and the gender, and date of birth of the ultimate user.
(2) The prescriber's category of licensure and license number;
federal controlled substance registration number; and the state
medical license number of any prescriber using the federal controlled
substance registration number of a government-exempt facility.
(3) Pharmacy prescription number, license number, and federal
controlled substance registration number.
(4) NDC (National Drug Code) number of the controlled substance
dispensed.
(5) Quantity of the controlled substance dispensed.
(6) ICD-9 (diagnosis code), if available.
(7) Number of refills ordered.
(8) Whether the drug was dispensed as a refill of a prescription
or as a first-time request.
(9) Date of origin of the prescription.
(10) Date of dispensing of the prescription.
(e) This section shall become operative on January 1, 2005.
SEC. 91. SEC. 90. Section 14132.100
of the Welfare and Institutions Code is amended to read:
14132.100. (a) The federally qualified health center services
described in Section 1396d(a)(2)(C) of Title 42 of the United States
Code are covered benefits.
(b) The rural health clinic services described in Section 1396d(a)
(2)(B) of Title 42 of the United States Code are covered benefits.
(c) Federally qualified health center services and rural health
clinic services shall be reimbursed on a per-visit basis in
accordance with the definition of "visit" set forth in subdivision
(g).
(d) Effective October 1, 2004, and on each October 1, thereafter,
until no longer required by federal law, federally qualified health
center (FQHC) and rural health clinic (RHC) per-visit rates shall be
increased by the Medicare Economic Index applicable to primary care
services in the manner provided for in Section 1396a(bb)(3)(A) of
Title 42 of the United States Code. Prior to January 1, 2004, FQHC
and RHC per-visit rates shall be adjusted by the Medicare Economic
Index in accordance with the methodology set forth in the state plan
in effect on October 1, 2001.
(e) (1) An FQHC or RHC may apply for an adjustment to its
per-visit rate based on a change in the scope of services provided by
the FQHC or RHC. Rate changes based on a change in the scope of
services provided by an FQHC or RHC shall be evaluated in accordance
with Medicare reasonable cost principles, as set forth in Part 413
(commencing with Section 413.1) of Title 42 of the Code of Federal
Regulations, or its successor.
(2) Subject to the conditions set forth in subparagraphs (A) to
(D), inclusive, of paragraph (3), a change in scope of service means
any of the following:
(A) The addition of a new FQHC or RHC service that is not
incorporated in the baseline prospective payment system (PPS) rate,
or a deletion of an FQHC or RHC service that is incorporated in the
baseline PPS rate.
(B) A change in service due to amended regulatory requirements or
rules.
(C) A change in service resulting from relocating or remodeling an
FQHC or RHC.
(D) A change in types of services due to a change in applicable
technology and medical practice utilized by the center or clinic.
(E) An increase in service intensity attributable to changes in
the types of patients served, including, but not limited to,
populations with HIV or AIDS, or other chronic diseases, or homeless,
elderly, migrant, or other special populations.
(F) Any changes in any of the services described in subdivision
(a) or (b), or in the provider mix of an FQHC or RHC or one of its
sites.
(G) Changes in operating costs attributable to capital
expenditures associated with a modification of the scope of any of
the services described in subdivision (a) or (b), including new or
expanded service facilities, regulatory compliance, or changes in
technology or medical practices at the center or clinic.
(H) Indirect medical education adjustments and a direct graduate
medical education payment that reflects the costs of providing
teaching services to interns and residents.
(I) Any changes in the scope of a project approved by the federal
Health Resources and Service Administration (HRSA).
(3) No change in costs shall, in and of itself, be considered a
scope-of-service change unless all of the following apply:
(A) The increase or decrease in cost is attributable to an
increase or decrease in the scope of services defined in subdivisions
(a) and (b), as applicable.
(B) The cost is allowable under Medicare reasonable cost
principles set forth in Part 413 (commencing with Section 413) of
Subchapter B of Chapter 4 of Title 42 of the Code of Federal
Regulations, or its successor.
(C) The change in the scope of services is a change in the type,
intensity, duration, or amount of services, or any combination
thereof.
(D) The net change in the FQHC's or RHC's rate equals or exceeds
1.75 percent for the affected FQHC or RHC site. For FQHCs and RHCs
that filed consolidated cost reports for multiple sites to establish
the initial prospective payment reimbursement rate, the 1.75-percent
threshold shall be applied to the average per-visit rate of all sites
for the purposes of calculating the cost associated with a
scope-of-service change. "Net change" means the per-visit rate change
attributable to the cumulative effect of all increases and decreases
for a particular fiscal year.
(4) An FQHC or RHC may submit requests for scope-of-service
changes once per fiscal year, only within 90 days following the
beginning of the FQHC's or RHC's fiscal year. Any approved increase
or decrease in the provider's rate shall be retroactive to the
beginning of the FQHC's or RHC's fiscal year in which the request is
submitted.
(5) An FQHC or RHC shall submit a scope-of-service rate change
request within 90 days of the beginning of any FQHC or RHC fiscal
year occurring after the effective date of this section, if, during
the FQHC's or RHC's prior fiscal year, the FQHC or RHC experienced a
decrease in the scope of services provided that the FQHC or RHC
either knew or should have known would have resulted in a
significantly lower per-visit rate. If an FQHC or RHC discontinues
providing onsite pharmacy or dental services, it shall submit a
scope-of-service rate change request within 90 days of the beginning
of the following fiscal year. The rate change shall be effective as
provided for in paragraph (4). As used in this paragraph,
"significantly lower" means an average per-visit rate decrease in
excess of 2.5 percent.
(6) Notwithstanding paragraph (4), if the approved
scope-of-service change or changes were initially implemented on or
after the first day of an FQHC's or RHC's fiscal year ending in
calendar year 2001, but before the adoption and issuance of written
instructions for applying for a scope-of-service change, the adjusted
reimbursement rate for that scope-of-service change shall be made
retroactive to the date the scope-of-service change was initially
implemented. Scope-of-service changes under this paragraph shall be
required to be submitted within the later of 150 days after the
adoption and issuance of the written instructions by the department,
or 150 days after the end of the FQHC's or RHC's fiscal year ending
in 2003.
(7) All references in this subdivision to "fiscal year" shall be
construed to be references to the fiscal year of the individual FQHC
or RHC, as the case may be.
(f) (1) An FQHC or RHC may request a supplemental payment if
extraordinary circumstances beyond the control of the FQHC or RHC
occur after December 31, 2001, and PPS payments are insufficient due
to these extraordinary circumstances. Supplemental payments arising
from extraordinary circumstances under this subdivision shall be
solely and exclusively within the discretion of the department and
shall not be subject to subdivision (l). These supplemental payments
shall be determined separately from the scope-of-service adjustments
described in subdivision (e). Extraordinary circumstances include,
but are not limited to, acts of nature, changes in applicable
requirements in the Health and Safety Code, changes in applicable
licensure requirements, and changes in applicable rules or
regulations. Mere inflation of costs alone, absent extraordinary
circumstances, shall not be grounds for supplemental payment. If an
FQHC's or RHC's PPS rate is sufficient to cover its overall costs,
including those associated with the extraordinary circumstances, then
a supplemental payment is not warranted.
(2) The department shall accept requests for supplemental payment
at any time throughout the prospective payment rate year.
(3) Requests for supplemental payments shall be submitted in
writing to the department and shall set forth the reasons for the
request. Each request shall be accompanied by sufficient
documentation to enable the department to act upon the request.
Documentation shall include the data necessary to demonstrate that
the circumstances for which supplemental payment is requested meet
the requirements set forth in this section. Documentation shall
include all of the following:
(A) A presentation of data to demonstrate reasons for the FQHC's
or RHC's request for a supplemental payment.
(B) Documentation showing the cost implications. The cost impact
shall be material and significant, two hundred thousand dollars
($200,000) or 1 percent of a facility's total costs, whichever is
less.
(4) A request shall be submitted for each affected year.
(5) Amounts granted for supplemental payment requests shall be
paid as lump-sum amounts for those years and not as revised PPS
rates, and shall be repaid by the FQHC or RHC to the extent that it
is not expended for the specified purposes.
(6) The department shall notify the provider of the department's
discretionary decision in writing.
(g) (1) An FQHC or RHC "visit" means a face-to-face encounter
between an FQHC or RHC patient and a physician, physician assistant,
nurse practitioner, certified nurse-midwife, clinical psychologist,
licensed clinical social worker, or a visiting nurse. For purposes of
this section, "physician" shall be interpreted in a manner
consistent with the Centers for Medicare and Medicaid Services'
Medicare Rural Health Clinic and Federally Qualified Health Center
Manual (Publication 27), or its successor, only to the
extent that it defines the
professionals whose services are reimbursable on a per-visit basis
and not as to the types of services that these professionals may
render during these visits and shall include a physician and surgeon,
podiatrist, dentist, optometrist, and chiropractor. A visit shall
also include a face-to-face encounter between an FQHC or RHC patient
and a comprehensive perinatal services practitioner, as defined in
Section 51179.1 of Title 22 of the California Code of Regulations,
providing comprehensive perinatal services, a four-hour day of
attendance at an adult day health care center, and any other provider
identified in the state plan's definition of an FQHC or RHC visit.
(2) (A) A visit shall also include a face-to-face encounter
between an FQHC or RHC patient and a dental hygienist or a dental
hygienist in alternative practice.
(B) Notwithstanding subdivision (e), an FQHC or RHC that currently
includes the cost of the services of a dental hygienist in
alternative practice for the purposes of establishing its FQHC or RHC
rate shall apply for an adjustment to its per-visit rate, and, after
the rate adjustment has been approved by the department, shall bill
these services as a separate visit. However, multiple encounters with
dental professionals that take place on the same day shall
constitute a single visit. The department shall develop the
appropriate forms to determine which FQHC's or RHC rates shall be
adjusted and to facilitate the calculation of the adjusted rates. An
FQHC's or RHC's application for, or the department's approval of, a
rate adjustment pursuant to this subparagraph shall not constitute a
change in scope of service within the meaning of subdivision (e). An
FQHC or RHC that applies for an adjustment to its rate pursuant to
this subparagraph may continue to bill for all other FQHC or RHC
visits at its existing per-visit rate, subject to reconciliation,
until the rate adjustment for visits between an FQHC or RHC patient
and a dental hygienist or a dental hygienist in alternative practice
has been approved. Any approved increase or decrease in the provider'
s rate shall be made within six months after the date of receipt of
the department's rate adjustment forms pursuant to this subparagraph
and shall be retroactive to the beginning of the fiscal year in which
the FQHC or RHC submits the request, but in no case shall the
effective date be earlier than January 1, 2008.
(C) An FQHC or RHC that does not provide dental hygienist or
dental hygienist in alternative practice services, and later elects
to add these services, shall process the addition of these services
as a change in scope of service pursuant to subdivision (e).
(h) If FQHC or RHC services are partially reimbursed by a
third-party payer, such as a managed care entity (as defined in
Section 1396u-2(a)(1)(B) of Title 42 of the United States Code), the
Medicare Program, or the Child Health and Disability Prevention
(CHDP) program, the department shall reimburse an FQHC or RHC for the
difference between its per-visit PPS rate and receipts from other
plans or programs on a contract-by-contract basis and not in the
aggregate, and may not include managed care financial incentive
payments that are required by federal law to be excluded from the
calculation.
(i) (1) An entity that first qualifies as an FQHC or RHC in the
year 2001 or later, a newly licensed facility at a new location added
to an existing FQHC or RHC, and any entity that is an existing FQHC
or RHC that is relocated to a new site shall each have its
reimbursement rate established in accordance with one of the
following methods, as selected by the FQHC or RHC:
(A) The rate may be calculated on a per-visit basis in an amount
that is equal to the average of the per-visit rates of three
comparable FQHCs or RHCs located in the same or adjacent area with a
similar caseload.
(B) In the absence of three comparable FQHCs or RHCs with a
similar caseload, the rate may be calculated on a per-visit basis in
an amount that is equal to the average of the per-visit rates of
three comparable FQHCs or RHCs located in the same or an adjacent
service area, or in a reasonably similar geographic area with respect
to relevant social, health care, and economic characteristics.
(C) At a new entity's one-time election, the department shall
establish a reimbursement rate, calculated on a per-visit basis, that
is equal to 100 percent of the projected allowable costs to the FQHC
or RHC of furnishing FQHC or RHC services during the first 12 months
of operation as an FQHC or RHC. After the first 12-month period, the
projected per-visit rate shall be increased by the Medicare Economic
Index then in effect. The projected allowable costs for the first 12
months shall be cost settled and the prospective payment
reimbursement rate shall be adjusted based on actual and allowable
cost per visit.
(D) The department may adopt any further and additional methods of
setting reimbursement rates for newly qualified FQHCs or RHCs as are
consistent with Section 1396a(bb)(4) of Title 42 of the United
States Code.
(2) In order for an FQHC or RHC to establish the comparability of
its caseload for purposes of subparagraph (A) or (B) of paragraph
(1), the department shall require that the FQHC or RHC submit its
most recent annual utilization report as submitted to the Office of
Statewide Health Planning and Development, unless the FQHC or RHC was
not required to file an annual utilization report. FQHCs or RHCs
that have experienced changes in their services or caseload
subsequent to the filing of the annual utilization report may submit
to the department a completed report in the format applicable to the
prior calendar year. FQHCs or RHCs that have not previously submitted
an annual utilization report shall submit to the department a
completed report in the format applicable to the prior calendar year.
The FQHC or RHC shall not be required to submit the annual
utilization report for the comparable FQHCs or RHCs to the
department, but shall be required to identify the comparable FQHCs or
RHCs.
(3) The rate for any newly qualified entity set forth under this
subdivision shall be effective retroactively to the later of the date
that the entity was first qualified by the applicable federal agency
as an FQHC or RHC, the date a new facility at a new location was
added to an existing FQHC or RHC, or the date on which an existing
FQHC or RHC was relocated to a new site. The FQHC or RHC shall be
permitted to continue billing for Medi-Cal covered benefits on a
fee-for-service basis until it is informed of its enrollment as an
FQHC or RHC, and the department shall reconcile the difference
between the fee-for-service payments and the FQHC's or RHC's
prospective payment rate at that time.
(j) Visits occurring at an intermittent clinic site, as defined in
subdivision (h) of Section 1206 of the Health and Safety Code, of an
existing FQHC or RHC, or in a mobile unit as defined by paragraph
(2) of subdivision (b) of Section 1765.105 of the Health and Safety
Code, shall be billed by and reimbursed at the same rate as the FQHC
or RHC establishing the intermittent clinic site or the mobile unit,
subject to the right of the FQHC or RHC to request a scope-of-service
adjustment to the rate.
(k) An FQHC or RHC may elect to have pharmacy or dental services
reimbursed on a fee-for-service basis, utilizing the current fee
schedules established for those services. These costs shall be
adjusted out of the FQHC's or RHC's clinic base rate as
scope-of-service changes. An FQHC or RHC that reverses its election
under this subdivision shall revert to its prior rate, subject to an
increase to account for all MEI increases occurring during the
intervening time period, and subject to any increase or decrease
associated with applicable scope-of-services adjustments as provided
in subdivision (e).
(l) FQHCs and RHCs may appeal a grievance or complaint concerning
ratesetting, scope-of-service changes, and settlement of cost report
audits, in the manner prescribed by Section 14171. The rights and
remedies provided under this subdivision are cumulative to the rights
and remedies available under all other provisions of law of this
state.
(m) The department shall, by no later than March 30, 2008,
promptly seek all necessary federal approvals in order to implement
this section, including any amendments to the state plan. To the
extent that any element or requirement of this section is not
approved, the department shall submit a request to the federal
Centers for Medicare and Medicaid Services for any waivers that would
be necessary to implement this section.
(n) The department shall implement this section only to the extent
that federal financial participation is obtained.
SEC. 92. SEC. 91. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution because the only costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.
SEC. 93. SEC. 92. This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to enable various regulatory boards in the Department of
Consumer Affairs to better carry out their licensing and enforcement
functions and for these boards to provide better protection to the
people of the State of California as soon as practically possible, it
is necessary that this act take effect immediately.