BILL NUMBER: SB 1050	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Yee
   (Coauthor: Senator Wiggins)

                        FEBRUARY 16, 2010

   An act to amend an initiative act entitled "Osteopathic Act"
approved by the electors November 7, 1922, as amended and approved by
the electors November 6, 1962, by amending and repealing Section 1
thereof, relating to healing arts.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1050, as introduced, Yee. Osteopathic Medical Board of
California: membership.
   Existing law, the Osteopathic Act, requires the Governor to
appoint 7 members to the Osteopathic Medical Board of California,
including 5 osteopathic physicians and surgeons and 2 naturopathic
doctors. This provision is repealed on January 1, 2013, at which time
the membership of the board will be reduced to 5 osteopathic
physicians and surgeons.
   This bill would exclude those naturopathic doctors from the
membership of the board, thereby reducing the membership of the board
to 5 osteopathic physicians and surgeons.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1 of the act cited in the title, as amended by
Section 69 of Chapter 18 of the Fourth Extraordinary Session of the
Statutes of 2009, is repealed. 
      A self-sustaining Osteopathic Medical Board of
California to consist of seven members and to be known as the
"Osteopathic Medical Board of California" is hereby created and
established. The Governor shall appoint the members of the board,
each of whom shall have been a citizen of this state and in active
practice for at least five years next preceding his or her
appointment. Five of the members shall be appointed from among
persons who are graduates of osteopathic schools who hold unrevoked
physician's and surgeon's D.O. licenses or certificates to practice
in this state. Two members shall be naturopathic doctors licensed
under the Naturopathic Doctors Act (Chapter 8.2 (commencing with
Section 3610) of Division 2 of the Business and Professions Code). No
one residing or practicing outside of this state may be appointed
to, or sit as a member of, the board. The Governor shall fill by
appointment all vacancies on the board for the unexpired term. The
term of office of each member shall be three years; provided, that of
the first board appointed, one shall be appointed for one year, two
for two years, and two for three years, and that thereafter all
appointments shall be for three years, except that appointments to
fill vacancies shall be for the unexpired term only. No member shall
serve for more than three full consecutive terms. The Governor shall
have power to remove from office any osteopathic physician and
surgeon member of the board for neglect of duty required by the
Osteopathic Act or Medical Practice Act. The Governor shall have
power to remove from office any naturopathic doctor member of the
board for neglect of duty required by the Naturopathic Doctors Act.
The Governor shall have power to remove any member of the board for
no longer complying with the residency or practice requirements of
this section, for incompetency, or for unprofessional conduct. Each
member of the board shall, before entering upon the duties of his or
her office, take the constitutional oath of office. All fees
collected on behalf of the Osteopathic Medical Board of California
and all receipts of every kind and nature, shall be reported at the
beginning of each month for the month preceding, to the Controller
and at the same time the entire amount must be paid into the State
Treasury and shall be credited to a fund to be known as the
Osteopathic Medical Board of California Contingent Fund, which fund
is hereby created. The contingent fund shall be for the use of the
Osteopathic Medical Board of California and out of it and not
otherwise shall be paid all expenses of the board. Each member of the
board shall receive a per diem and expenses as provided in Section
103, provided the fees and other receipts of the board are sufficient
to meet this expense.
   The Governor shall appoint the members of the board within 30 days
after this act takes effect. The board shall be organized within 60
days after the appointment of its members by the Governor by electing
from its number a president, vice president, and a secretary who
shall also be the treasurer, who shall hold their respective
positions during the pleasure of the board. The board shall hold one
meeting during the first quarter of each calendar year at a time and
place designated by the board with power of adjournment from time to
time until its business is concluded. Special meetings of the board
may be held at such time and place as the board may designate. Notice
of each regular or special meeting shall be given twice a week for
two weeks next preceding each meeting in one daily paper published in
the City of San Francisco, one published in the City of Sacramento,
and one published in the City of Los Angeles which notice shall also
specify the time and place of holding the examination of applicants.
The secretary of the board upon an authorization from the president
of the board, or the chairperson of the committee may call meetings
of any duly appointed committee of the board at a specified time and
place and it shall not be necessary to advertise those committee
meetings. The board shall receive through its secretary applications
for certificates to be issued by the board and shall, on or before
the first day of January in each year transmit to the Governor a full
report of all its proceedings together with a report of its receipts
and disbursements.
   The office of the board shall be in the City of Sacramento.
Suboffices may be established in Los Angeles and San Francisco and
records as may be necessary may be transferred temporarily to those
suboffices. Legal proceedings against the board may be instituted in
any one of the three cities.
   The board may from time to time adopt rules as may be necessary to
enable it to carry into effect the provisions of this act. It shall
require the affirmative vote of a majority of the members of the
board to carry any motion or resolution, to adopt any rules, pass any
measure or to authorize the issuance or the revocation of any
certificate. Any member of the board may administer oaths in all
matters pertaining to the duties of the board and the board shall
have authority to take evidence in any matter cognizable by it. The
board shall keep an official record of its proceedings, a part of
which record shall consist of a register of all applicants for
certificates under this act together with the action of the board
upon each application.
   The board shall have the power to employ legal counsel to advise
and assist it in connection with all matters cognizable by the board
or in connection with any litigation or legal proceedings instituted
by or against the board and may also employ clerical assistance as it
may deem necessary to carry into effect this act. The board may fix
the compensation to be paid for those services and may incur other
expense as it may deem necessary; provided, however, that all of that
expense shall be payable only from the fund hereinbefore provided
for and to be known as the Osteopathic Medical Board of California
Contingent Fund.
   This section shall remain in effect only until January 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2013, deletes or extends that date.

  SEC. 2.  Section 1 of the act cited in the title, as added by
Section 70 of Chapter 18 of the Fourth Extraordinary Session of the
Statutes of 2009, is amended to read: 
      A 
   Sec. 1.    A  self-sustaining Osteopathic
Medical Board of California to consist of five members and to be
known as the "Osteopathic Medical Board of California" is hereby
created and established. The Governor shall appoint the members of
the board, each of whom shall have been a citizen of this state and
in active practice for at least five years next preceding his or her
appointment. Each of the members shall be appointed from among
persons who are graduates of osteopathic schools who hold unrevoked
physician's and surgeon's D.O. licenses or certificates to practice
in this state. No one residing or practicing outside of this state
may be appointed to, or sit as a member of, the board. The Governor
shall fill by appointment all vacancies on the board for the
unexpired term. The term of office of each member shall be three
years; provided, that of the first board appointed, one shall be
appointed for one year, two for two years, and two for three years,
and that thereafter all appointments shall be for three years, except
that appointments to fill vacancies shall be for the unexpired term
only. No member shall serve for more than three full consecutive
terms. The Governor shall have power to remove from office any member
of the board for neglect of duty required by the Osteopathic Act or
Medical Practice Act, for no longer complying with the residency or
practice requirements of this section, for incompetency, or for
unprofessional conduct. Each member of the board shall, before
entering upon the duties of his or her office, take the
constitutional oath of office. All fees collected on behalf of the
Osteopathic Medical Board of California and all receipts of every
kind and nature, shall be reported at the beginning of each month for
the month preceding, to the Controller and at the same time the
entire amount must be paid into the State Treasury and shall be
credited to a fund to be known as the Osteopathic Medical Board of
California Contingent Fund, which fund is hereby created. The
contingent fund shall be for the use of the Osteopathic Medical Board
of California and out of it and not otherwise shall be paid all
expenses of the board. Each member of the board shall receive a per
diem and expenses as provided in Section 103, provided the fees and
other receipts of the board are sufficient to meet this expense.
   The Governor shall appoint the members of the board within 30 days
after this act takes effect. The board shall be organized within 60
days after the appointment of its members by the Governor by electing
from its number a president, vice president, and a secretary who
shall also be the treasurer, who shall hold their respective
positions during the pleasure of the board. The board shall hold one
meeting during the first quarter of each calendar year at a time and
place designated by the board with power of adjournment from time to
time until its business is concluded. Special meetings of the board
may be held at such time and place as the board may designate. Notice
of each regular or special meeting shall be given twice a week for
two weeks next preceding each meeting in one daily paper published in
the City of San Francisco, one published in the City of Sacramento,
and one published in the City of Los Angeles which notice shall also
specify the time and place of holding the examination of applicants.
The secretary of the board upon an authorization from the president
of the board, or the chairperson of the committee may call meetings
of any duly appointed committee of the board at a specified time and
place and it shall not be necessary to advertise those committee
meetings. The board shall receive through its secretary applications
for certificates to be issued by the board and shall, on or before
the first day of January in each year transmit to the Governor a full
report of all its proceedings together with a report of its receipts
and disbursements.
   The office of the board shall be in the City of Sacramento.
Suboffices may be established in Los Angeles and San Francisco and
records as may be necessary may be transferred temporarily to those
suboffices. Legal proceedings against the board may be instituted in
any one of the three cities.
   The board may from time to time adopt rules as may be necessary to
enable it to carry into effect the provisions of this act. It shall
require the affirmative vote of three members of the board to carry
any motion or resolution, to adopt any rules, pass any measure or to
authorize the issuance or the revocation of any certificate. Any
member of the board may administer oaths in all matters pertaining to
the duties of the board and the board shall have authority to take
evidence in any matter cognizable by it. The board shall keep an
official record of its proceedings, a part of which record shall
consist of a register of all applicants for certificates under this
act together with the action of the board upon each application.
   The board shall have the power to employ legal counsel to advise
and assist it in connection with all matters cognizable by the board
or in connection with any litigation or legal proceedings instituted
by or against the board and may also employ clerical assistance as it
may deem necessary to carry into effect this act. The board may fix
the compensation to be paid for those services and may incur other
expense as it may deem necessary; provided, however, that all of that
expense shall be payable only from the fund hereinbefore provided
for and to be known as the Osteopathic Medical Board of California
Contingent Fund. 
   This section shall become operative on January 1, 2013.