BILL NUMBER: SB 1172	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 19, 2010
	PASSED THE ASSEMBLY  AUGUST 16, 2010
	AMENDED IN ASSEMBLY  JUNE 22, 2010
	AMENDED IN SENATE  MAY 11, 2010
	AMENDED IN SENATE  APRIL 27, 2010
	AMENDED IN SENATE  APRIL 12, 2010

INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 18, 2010

   An act to amend Section 156.1 of, and to add Sections 315.2 and
315.4 to, the Business and Professions Code, relating to regulatory
boards.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1172, Negrete McLeod. Regulatory boards: diversion programs.
   (1) Existing law provides for the regulation of specified
professions and vocations by various boards, as defined, within the
Department of Consumer Affairs. Under existing law, individuals or
entities contracting with the department or any board within the
department for the provision of services relating to the treatment
and rehabilitation of licentiates impaired by alcohol or dangerous
drugs are required to retain all records and documents pertaining to
those services for 3 years or until they are audited, whichever
occurs first. Under existing law, those records and documents are
required to be kept confidential and are not subject to discovery or
subpoena.
   This bill would specify that those records and documents shall be
kept for 3 years and kept confidential and are not subject to
discovery or subpoena unless otherwise expressly provided by law.
   (2) Existing law provides for the licensure and regulation of
various healing arts by boards within the Department of Consumer
Affairs. Under existing law, these boards are authorized to issue,
deny, suspend, and revoke licenses based on various grounds and to
take disciplinary action against their licensees.
   Existing law establishes diversion and recovery programs to
identify and rehabilitate dentists, osteopathic physicians and
surgeons, physical therapists, physical therapy assistants,
registered nurses, physician assistants, pharmacists and intern
pharmacists, veterinarians, and registered veterinary technicians
whose competency may be impaired due to, among other things, alcohol
and drug abuse.
   The bill would require a healing arts board to order a licensee to
cease practice if the licensee tests positive for any prohibited
substance under the terms of the licensee's probation or diversion
program. The bill would also authorize a board to adopt regulations
authorizing it to order a licensee on probation or in a diversion
program to cease practice for major violations and when the board
orders a licensee to undergo a clinical diagnostic evaluation, as
specified. The bill would provide that these provisions do not affect
the Board of Registered Nursing.


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

  SECTION 1.  Section 156.1 of the Business and Professions Code is
amended to read:
   156.1.  (a) Notwithstanding any other provision of law,
individuals or entities contracting with the department or any board
within the department for the provision of services relating to the
treatment and rehabilitation of licentiates impaired by alcohol or
dangerous drugs shall retain all records and documents pertaining to
those services until such time as these records and documents have
been reviewed for audit by the department. These records and
documents shall be retained for three years from the date of the last
treatment or service rendered to that licentiate, after which time
the records and documents may be purged and destroyed by the contract
vendor. This provision shall supersede any other provision of law
relating to the purging or destruction of records pertaining to those
treatment and rehabilitation programs.
   (b) Unless otherwise expressly provided by statute or regulation,
all records and documents pertaining to services for the treatment
and rehabilitation of licentiates impaired by alcohol or dangerous
drugs provided by any contract vendor to the department or to any
board within the department shall be kept confidential and are not
subject to discovery or subpoena.
   (c) With respect to all other contracts for services with the
department or any board within the department other than those set
forth in subdivision (a), the director or chief deputy director may
request an examination and audit by the department's internal auditor
of all performance under the contract. For this purpose, all
documents and records of the contract vendor in connection with such
performance shall be retained by such vendor for a period of three
years after final payment under the contract. Nothing in this section
shall affect the authority of the State Auditor to conduct any
examination or audit under the terms of Section 8546.7 of the
Government Code.
  SEC. 2.  Section 315.2 is added to the Business and Professions
Code, to read:
   315.2.  (a) A board, as described in Section 315, shall order a
licensee of the board to cease practice if the licensee tests
positive for any substance that is prohibited under the terms of the
licensee's probation or diversion program.
   (b) An order to cease practice under this section shall not be
governed by the provisions of Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.
   (c) A cease practice order under this section shall not constitute
disciplinary action.
   (d) This section shall have no effect on the Board of Registered
Nursing pursuant to Article 3.1 (commencing with Section 2770) of
Chapter 6 of Division 2.
  SEC. 3.  Section 315.4 is added to the Business and Professions
Code, to read:
   315.4.  (a) A board, as described in Section 315, may adopt
regulations authorizing the board to order a licensee on probation or
in a diversion program to cease practice for major violations and
when the board orders a licensee to undergo a clinical diagnostic
evaluation pursuant to the uniform and specific standards adopted and
authorized under Section 315.
   (b) An order to cease practice under this section shall not be
governed by the provisions of Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.
   (c) A cease practice order under this section shall not constitute
disciplinary action.
   (d) This section shall have no effect on the Board of Registered
Nursing pursuant to Article 3.1 (commencing with Section 2770) of
Chapter 6 of Division 2.