Amended in Assembly September 6, 2013

Amended in Assembly August 5, 2013

Amended in Assembly June 18, 2013

Amended in Senate May 6, 2013

Amended in Senate April 25, 2013

Senate BillNo. 198


Introduced by Senator Lieu

February 7, 2013


An act to amend Sections 2071, 2602, 2603, 2604, 2607, 2607.5, 2608, 2608.5, 2611, 2612, 2614, 2615, 2620.7, 2630, 2636, 2636.5, 2638, 2651, 2660, 2660.2, 2660.3, 2660.5, 2661, 2661.7, 2663, 2664, 2665, 2666, 2667, 2668, 2669, 2672, and 2682 of, to amend the headings of Article 1 (commencing with Section 2600) of, and Article 2 (commencing with Section 2620) of, Chapter 5.7 of Division 2 of, to amend and renumber Section 2676 of, to amend and renumber the headings of Article 4 (commencing with Section 2650) of, Article 5 (commencing with Section 2660) of, Article 5.5 (commencing with Section 2662) of, Article 6 (commencing with Section 2670) of, Article 7 (commencing with Section 2680) of, and Article 8 (commencing with Section 2690) of, Chapter 5.7 of Division 2 of, to add Sections 2603.5, 2605, 2623, 2630.3, 2630.4, 2630.5, 2633.5, 2633.7, 2639.1, 2654, 2660.4, and 2660.8 to, to add the heading of Article 3 (commencing with Section 2635) to, and to add Article 4 (commencing with Section 2644) to, Chapter 5.7 of Division 2 of, to repeal Sections 2604.5, 2609, 2632, 2640, 2650.1, 2650.2, 2652, 2683, 2684, and 2685 of, to repeal the headings of Article 3 (commencing with Section 2630) of, and Article 6.5 (commencing with Section 2676) of, and to repeal Article 4.5 (commencing with Section 2655) of, Chapter 5.7 of Division 2 of, and to repeal and add Sections 2601, 2622, 2639, 2650, and 2653 of, the Business and Professions Code, and to amend Sections 12529 and 12529.5 of the Government Code, relating to physical therapy, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 198, as amended, Lieu. Physical Therapy Board of California.

(1) Existing law, the Physical Therapy Practice Act, provides for the licensure, approval, and regulation of physical therapists and physical therapist assistants by the Physical Therapy Board of California within the Department of Consumer Affairs. Existing law, until January 1, 2014, requires the board to enforce and administer the act and authorizes the board to appoint an executive officer. A violation of the act is a crime.

This bill would revise and recast those provisions. Among other things, the bill would extend, until Januarybegin delete 1,2018end deletebegin insert 1, 2018end insert, the board’s authority to enforce and administer the act and to appoint an executive officer. The bill would provide for the licensure of physical therapist assistants and impose additional requirements and authority on the board, including to enter into contracts for services necessary for enforcement of the act. The bill would revise the composition of the board and prescribe the duties of the board. The bill would authorize the board, by regulation, to prescribe, amend, or repeal any rules contained within a code of professional conduct appropriate to the establishment and maintenance of integrity and dignity in the profession of physical therapy. The bill would provide exemptions from the licensure requirements for students and physical therapists licensed in other jurisdictions, as specified. The bill would also make related, technical changes.

This bill would also expand the acts that constitute unprofessional conduct to include, among other things, practicing or offering to practice beyond the scope of practice of physical therapy and unlawful possession, use, or conviction of a criminal offense involving a controlled substance. The bill would impose a civil penalty upon a licensee who fails to, or refuses to, comply with a request from the board for the medical records of a patient, as specified. By revising the definition of a crime, this bill would impose a state-mandated local program.

(2) Existing law establishes in the Department of Justice the Health Quality Enforcement Section, the primary responsibility of which is to prosecute proceedings against licensees and applicants within the jurisdiction of the Medical Board of California, the California Board of Podiatric Medicine, the Board of Psychology, or any committee under the jurisdiction of the Medical Board of California, and to provide ongoing review of the investigative activities conducted in support of those prosecutions. Existing law requires that the funding of the Section be from the special funds financing the operations of those boards and the committees under the jurisdiction of the Medical Board of California, with the intent that the expenses be proportionally shared as to services rendered.

This bill would additionally include within the primary responsibility of the Section prosecution of proceedings against those licensees and applicants within the jurisdiction of the Physical Therapy Board of California. The bill would also require a proportional share of the funding for the Section to be budgeted from the special funds financing the operation of the Physical Therapy Board of California, which are continuously appropriated, thereby making an appropriation.

begin insert

(3) The bill would incorporate additional changes to Section 2660 of the Business and Professions Code proposed by AB 1000 that would become operative if this bill and AB 1000 are enacted and this bill is chaptered last.

end insert
begin delete

(3)

end delete

begin insert(4)end insert 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.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 2071 of the Business and Professions
2Code
is amended to read:

3

2071.  

The board shall adopt and administer regulations that
4establish standards for technical supportive services that may be
5performed by a medical assistant. Nothing in this section shall
6prohibit the board from amending or repealing regulations covering
P4    1medical assistants. The board shall, prior to the adoption of any
2regulations, request recommendations regarding these standards
3from appropriate public agencies, including, but not limited to, the
4State Board of Optometry, the Board of Registered Nursing, the
5Board of Vocational Nursing and Psychiatric Technicians, the
6Laboratory Field Services division of the State Department of
7Public Health, those divisions of the State Department of Education
8that pertain to private postsecondary education and career and
9vocational preparation, the Chancellor of the California Community
10Colleges, the California Board of Podiatric Medicine, the Physician
11Assistant Examining Committee, and the Physical Therapy Board
12of California. The board shall also request recommendations
13regarding these standards from associations of medical assistants,
14physicians and surgeons, nurses, doctors of podiatric medicine,
15physician assistants, physical therapists, laboratory technologists,
16optometrists, and others as the board finds appropriate, including,
17but not limited to, the California Optometric Association, the
18California Nurses Association, the California Medical Association,
19the California Society of Medical Assistants, the California Medical
20Assistants Association, and the California Physical Therapy
21Association. Nothing in this section shall be construed to supersede
22or modify that portion of the Administrative Procedure Act that
23relates to the procedure for the adoption of regulations and which
24is set forth in Article 5 (commencing with Section 11346) of
25Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
26Code.

27

SEC. 2.  

The heading of Article 1 (commencing with Section
282600) of Chapter 5.7 of Division 2 of the Business and Professions
29Code
is amended to read:

30 

31Article 1.  Administration and General Provisions
32

 

33

SEC. 3.  

Section 2601 of the Business and Professions Code is
34repealed.

35

SEC. 4.  

Section 2601 is added to the Business and Professions
36Code
, to read:

37

2601.  

For the purpose of this chapter, the following terms shall
38have the following meanings, unless otherwise specified:

39(a) “Board” means the Physical Therapy Board of California.

P5    1(b) “Physical therapist” means a person who is licensed pursuant
2to this chapter to practice physical therapy.

3(c) “Physical therapist assistant” means a person who is licensed
4pursuant to this chapter to assist in the provision of physical therapy
5under the supervision of a licensed physical therapist. “Physical
6therapy assistant” and “physical therapist assistant” shall be deemed
7identical and interchangeable terms.

8(d) “Physical therapist technician” and “physical therapy aide,”
9as described in Section 2630.4, shall be deemed identical and
10interchangeable terms.

11(e) “Physiotherapy” shall be synonymous with “physical
12therapy.”

13

SEC. 5.  

Section 2602 of the Business and Professions Code is
14amended to read:

15

2602.  

The Physical Therapy Board of California, hereafter
16referred to as the board, shall enforce and administer this chapter.

17This section shall remain in effect only until January 1, 2018,
18and as of that date is repealed, unless a later enacted statute, that
19is enacted before January 1, 2018, deletes or extends that date.

20Notwithstanding any other provision of law, the repeal of this
21section renders the board subject to review by the appropriate
22policy committees of the Legislature.

23

SEC. 6.  

Section 2603 of the Business and Professions Code is
24amended to read:

25

2603.  

The members of the board shall consist of four physical
26therapists, only one of whom shall be involved in physical therapy
27education, and three public members.

28

SEC. 7.  

Section 2603.5 is added to the Business and Professions
29Code
, to read:

30

2603.5.  

(a) The physical therapist members of the board shall
31be appointed from persons having all of the following
32qualifications:

33(1) Be a resident of California.

34(2) Possess a valid and unrestricted license in California issued
35pursuant to this chapter.

36(3) Have been licensed pursuant to this chapter and practicing
37in California for at least five years prior to appointment to the
38board.

39(b) (1) The public members of the board shall have both of the
40following qualifications:

P6    1(A) Be appointed from persons having all of the qualifications
2as set forth in Chapter 6 (commencing with Section 450) of
3Division 1.

4(B) Be a resident of California.

5(2) No public member of the board shall be, nor have been, any
6of the following:

7(A) An officer or faculty member of any college, school, or
8institution involved in physical therapy education.

9(B) A licentiate of the Medical Board of California or of any
10board under this division or of any board referred to in Section
111000 or 3600.

12

SEC. 8.  

Section 2604 of the Business and Professions Code is
13amended to read:

14

2604.  

The members of the board shall be appointed for a term
15of four years, expiring on the first day of June of each year.

16The Governor shall appoint one of the public members and the
17four physical therapist members of the board qualified as provided
18in Sections 2603 and 2603.5. The Senate Committee on Rules and
19the Speaker of the Assembly shall each appoint a public member
20qualified as provided in Section 2603.5.

21No person may serve as a member of the board for more than
22two consecutive terms. Vacancies shall be filled by appointment
23for the unexpired term. Annually, the board shall elect one of its
24members as president and one of its members as vice president.

25The appointing power shall have the power to remove any
26member of the board from office for neglect of any duty required
27by law or for incompetency or unprofessional or dishonorable
28conduct.

29

SEC. 9.  

Section 2604.5 of the Business and Professions Code
30 is repealed.

31

SEC. 10.  

Section 2605 is added to the Business and Professions
32Code
, to read:

33

2605.  

The board shall do all of the following:

34(a) Evaluate the qualifications of applicants for licensure.

35(b) Provide for the examinations of physical therapists and
36physical therapist assistants and establish a passing score for each
37examination.

38(c) Issue all licenses for the practice of physical therapy in
39California. Except as otherwise required by the director pursuant
40to Section 164, the license issued by the board shall describe the
P7    1licensee as a “physical therapist” or “physical therapist assistant”
2licensed by the Physical Therapy Board of California.

3(d) Suspend and revoke licenses and otherwise enforce the
4provisions of this chapter.

5(e) Administer a continuing competency program.

6(f) Participate, as a member, in the Delegate Assembly, and in
7applicable committee meetings, of the Federation of State Boards
8of Physical Therapy.

9(g) Publish, at least annually, a newsletter that includes, but is
10not limited to, actions taken by the board, disciplinary actions, and
11relevant statutory and regulatory changes.

12(h) Provide for the timely orientation and training of new
13professional and public member appointees to the board directly
14related to board licensing and disciplinary functions and board
15rules, policies, and procedures.

16(i) Adopt and administer a program of education in matters
17relevant to the regulation of physical therapy.

18

SEC. 11.  

Section 2607 of the Business and Professions Code
19 is amended to read:

20

2607.  

The board may employ, subject to law, such clerical
21assistants and, except as provided in Section 159.5, other
22employees as it may deem necessary to carry out its powers and
23duties.

24The board may enter into contracts for services necessary for
25enforcement of this chapter and may as necessary select and
26contract with physical therapy consultants who are licensed
27physical therapists to assist it in its programs on an intermittent
28basis. Notwithstanding any other provision of law, the board may
29contract with these consultants on a sole source basis. For the
30purposes of Division 3.6 (commencing with Section 810) of Title
311 of the Government Code, any consultant under contract with the
32board shall be considered a public employee.

33

SEC. 12.  

Section 2607.5 of the Business and Professions Code
34 is amended to read:

35

2607.5.  

(a) The board may employ an executive officer exempt
36from the provisions of the State Civil Service Act (Part 2
37(commencing with Section 18500) of Division 5 of Title 2 of the
38Government Code) and may also employ investigators, legal
39counsel, physical therapist consultants, and other assistance as it
40may deem necessary to carry out this chapter. The board may fix
P8    1the compensation to be paid for services and may incur other
2expenses as it may deem necessary. Investigators employed by the
3board shall be provided special training in investigating physical
4therapy practice activities.

5(b) The Attorney General shall act as legal counsel for the board
6for any judicial and administrative proceedings and his or her
7services shall be a charge against it.

8(c) This section shall remain in effect only until January 1, 2018,
9and as of that date is repealed, unless a later enacted statute, that
10is enacted before January 1, 2018, deletes or extends that date.

11

SEC. 13.  

Section 2608 of the Business and Professions Code
12 is amended to read:

13

2608.  

The procedure in all matters and proceedings relating to
14the denial, suspension, revocation, or probationary restriction of
15licenses issued by the board under this chapter shall be governed
16by the provisions of Chapter 5 (commencing with Section 11500)
17of Part 1 of Division 3 of Title 2 of the Government Code.

18

SEC. 14.  

Section 2608.5 of the Business and Professions Code
19 is amended to read:

20

2608.5.  

Each member of the board, or any licensed physical
21therapist appointed by the board, may inspect, or require reports
22from, a general or specialized hospital or any other facility
23providing physical therapy care, treatment or services and the
24physical therapy staff thereof, with respect to the physical therapy
25care, treatment, services, or facilities provided therein, and may
26inspect physical therapy patient records with respect to the care,
27treatment, services, or facilities. The authority to make inspections
28and to require reports as provided by this section shall not be
29delegated by a member of the board to any person other than a
30physical therapist and shall be subject to the restrictions against
31disclosure described in subdivision (u) of Section 2660.

32

SEC. 15.  

Section 2609 of the Business and Professions Code
33 is repealed.

34

SEC. 16.  

Section 2611 of the Business and Professions Code
35 is amended to read:

36

2611.  

The board shall meet at least three times each calendar
37year, meeting at least once each calendar year in northern California
38and once each calendar year in southern California. The board may
39convene from time to time until its business is concluded. Special
40meetings of the board may be held at any time and place as the
P9    1board may designate. Four members of the board shall constitute
2a quorum for the transaction of business.

3

SEC. 17.  

Section 2612 of the Business and Professions Code
4 is amended to read:

5

2612.  

The board shall comply with the Bagley-Keene Open
6Meeting Act (Article 9 (commencing with Section 11120) of
7Chapter 1 of Part 1 of Division 3 of Title 2 of the Government
8Code).

9

SEC. 18.  

Section 2614 of the Business and Professions Code
10 is amended to read:

11

2614.  

The board shall hear all matters, including, but not
12limited to, any contested case or any petition for reinstatement,
13restoration, or modification of probation. Except as otherwise
14provided in this chapter, all hearings shall be conducted in
15accordance with Chapter 5 (commencing with Section 11500) of
16Part 1 of Division 3 of Title 2 of the Government Code. If a
17contested case is heard by the board the hearing officer who
18presided at the hearing shall be present during the board’s
19consideration of the case and, if requested, shall assist and advise
20the board. The board shall issue its decision pursuant to Section
2111517 of the Government Code.

22

SEC. 19.  

Section 2615 of the Business and Professions Code
23 is amended to read:

24

2615.  

The board shall adopt those regulations as may be
25necessary to effectuate this chapter. In adopting regulations the
26board shall comply with Chapter 3.5 (commencing with Section
2711340) of Part 1 of Division 3 of Title 2 of the Government Code.

28

SEC. 20.  

The heading of Article 2 (commencing with Section
292620) of Chapter 5.7 of Division 2 of the Business and Professions
30Code
is amended to read:

31 

32Article 2.  Scope of Regulation and Exemptions
33

 

34

SEC. 21.  

Section 2620.7 of the Business and Professions Code
35 is amended to read:

36

2620.7.  

(a) Patient records shall be documented as required
37in regulations promulgated by the board.

38(b) Patient records shall be maintained for a period of no less
39than seven years following the discharge of the patient, except that
40the records of unemancipated minors shall be maintained at least
P10   1one year after the minor has reached 18 years of age, and not in
2any case less than seven years.

3

SEC. 22.  

Section 2622 of the Business and Professions Code
4 is repealed.

5

SEC. 23.  

Section 2622 is added to the Business and Professions
6Code
, to read:

7

2622.  

(a) A physical therapist shall be responsible for
8managing all aspects of the care of each patient as set forth in
9regulations promulgated by the board.

10(b) A physical therapist shall not supervise more than two
11physical therapist assistants at one time to assist the physical
12therapist in his or her practice of physical therapy.

13(c) A physical therapist may utilize the services of one aide
14engaged in patient-related tasks to aid the physical therapist in his
15or her practice of physical therapy.

16

SEC. 24.  

Section 2623 is added to the Business and Professions
17Code
, to read:

18

2623.  

The board may, by regulation, prescribe, amend, or repeal
19any rules contained within a code of professional conduct
20appropriate to the establishment and maintenance of integrity and
21dignity in the profession of physical therapy. Every licensee of the
22board shall be governed and controlled by the rules and standards
23adopted by the board.

24

SEC. 25.  

The heading of Article 3 (commencing with Section
252630) of Chapter 5.7 of Division 2 of the Business and Professions
26Code
is repealed.

27

SEC. 26.  

Section 2630 of the Business and Professions Code
28 is amended to read:

29

2630.  

It is unlawful for any person or persons to practice, or
30offer to practice, physical therapy in this state for compensation
31received or expected, or to hold himself or herself out as a physical
32therapist, unless at the time of so doing the person holds a valid,
33unexpired, and unrevoked physical therapist license issued under
34this chapter, except as authorized by subdivisions (c), (d), (e), and
35(g) of Section 2630.5.

36

SEC. 27.  

Section 2630.3 is added to the Business and
37Professions Code
, to read:

38

2630.3.  

(a) A licensed physical therapist assistant holding a
39valid, unexpired, and unrevoked physical therapist assistant license
40may assist in the provision of physical therapy services only under
P11   1the supervision of a physical therapist licensed by the board. A
2licensed physical therapist shall at all times be responsible for the
3extent, kind, quality, and documentation of all physical therapy
4services provided by the physical therapist assistant.

5(b) It is unlawful for any person or persons to hold himself or
6herself out as a physical therapist assistant, unless at the time of
7so doing the person holds a valid, unexpired, and unrevoked
8physical therapist assistant license issued under this chapter, except
9as authorized in subdivisions (f) and (g) of Section 2630.5.

10(c) Physical therapist assistants shall not be independently
11supervised by a physical therapist license applicant, as defined in
12Section 2639, or a physical therapist student, as defined in Section
132633.7.

14(d) A physical therapist assistant shall not perform any
15evaluation of a patient or prepare a discharge summary. The
16supervising physical therapist shall determine which elements of
17the treatment plan, if any, shall be assigned to the physical therapist
18assistant. Assignment of patient care shall be commensurate with
19the competence of the physical therapist assistant.

20

SEC. 28.  

Section 2630.4 is added to the Business and
21Professions Code
, to read:

22

2630.4.  

(a) A “physical therapy aide” is an unlicensed person,
23at least 18 years of age, who aids a licensed physical therapist
24consistent with subdivision (b).

25(b) The aide shall at all times be under the supervision of the
26physical therapist. An aide shall not independently perform
27physical therapy or any physical therapy procedure. The board
28shall adopt regulations that set forth the standards and requirements
29for the supervision of an aide by a physical therapist.

30(c) Physical therapy aides shall not be independently supervised
31by a physical therapist license applicant, as defined in Section
322639, or a physical therapist student, as defined in Section 2633.7.

33(d) This section does not prohibit the administration by a
34physical therapy aide of massage, external baths, or normal exercise
35not a part of a physical therapy treatment.

36

SEC. 29.  

Section 2630.5 is added to the Business and
37Professions Code
, to read:

38

2630.5.  

The following persons are exempt from the licensure
39requirements of this chapter when engaged in the following
40activities:

P12   1(a) A regularly matriculated physical therapist student
2undertaking a course of professional instruction in an approved
3entry-level physical therapy education program or enrolled in a
4program of supervised clinical education under the direction of an
5approved physical therapy education program as described in
6Section 2651. These physical therapist students may perform
7physical therapy as a part of their course of study.

8(b) A regularly matriculated physical therapist assistant student
9undertaking a course of instruction in an approved physical therapy
10education program or enrolled in a program of supervised clinical
11education under the direction of an approved physical therapy
12education program as described in Section 2651. These physical
13therapist assistant students may perform physical therapy
14techniques as a part of their course of study.

15(c) A physical therapist who holds a valid and unrestricted
16license in another jurisdiction of the United States or who is
17credentialed to practice physical therapy in another country if that
18person is researching, demonstrating, or providing physical therapy
19in connection with teaching or participating in an educational
20seminar of no more than 60 days in a calendar year.

21(d) A physical therapist located outside this state, when in actual
22 consultation, whether within this state or across state lines, with a
23licensed physical therapist of this state, or when he or she is an
24invited guest of the American Physical Therapy Association or
25one of its components, or an invited guest of an approved physical
26therapy school or college for the sole purpose of engaging in
27professional education through lectures, clinics, or demonstrations,
28if, at the time of the consultation, lecture, or demonstration, he or
29she holds a valid and unrestricted physical therapist license in the
30state or country in which he or she resides. The physical therapist
31shall not open an office, appoint a place to meet patients, receive
32calls from patients within the limits of this state, give orders, or
33have ultimate authority over the care of a physical therapy patient
34who is located within this state.

35(e) A physical therapist who holds a valid and unrestricted
36license in another jurisdiction of the United States or credentialed
37to practice physical therapy in another country if that person, by
38contract or employment, is providing physical therapy to
39individuals affiliated with or employed by established athletic
40teams, athletic organizations, or performing arts companies
P13   1temporarily practicing, competing, or performing in the state for
2no more than 60 days in a calendar year.

3(f) A physical therapist assistant who holds a valid and
4 unrestricted license in another jurisdiction of the United States and
5is assisting a physical therapist engaged in activities described in
6subdivision (c), (d), or (e).

7(g) A physical therapist or physical therapist assistant who has
8a valid and unrestricted license in a jurisdiction of the United States
9who is forced to leave his or her residence in a state other than
10California due to a governmentally declared emergency. This
11exemption applies for no more than 60 days following the
12declaration of the emergency. In order to be eligible for this
13exemption, the physical therapist or physical therapist assistant
14shall notify the board of his or her intent to practice in this state
15and provide a valid mailing address, telephone number, and email
16address.

17

SEC. 30.  

Section 2632 of the Business and Professions Code
18 is repealed.

19

SEC. 31.  

Section 2633.5 is added to the Business and
20Professions Code
, to read:

21

2633.5.  

(a) Only a person licensed as a physical therapist
22assistant by the board may use the title “physical therapist assistant”
23or “physical therapy assistant” or the letters “PTA” or any other
24words, letters, or figures that indicate that the person is a physical
25therapist assistant licensed pursuant to this chapter.

26(b) The license of a physical therapist assistant shall not
27authorize the use of the prefix “LPT,” “RPT,” “PT,” or “Dr.,” or
28the title “physical therapist,” “therapist,” “doctor,” or any affix
29indicating or implying that the physical therapist assistant is a
30physical therapist or doctor.

31

SEC. 32.  

Section 2633.7 is added to the Business and
32Professions Code
, to read:

33

2633.7.  

During a period of clinical practice described in Section
342650 or in any similar period of observation of related educational
35experience involving recipients of physical therapy, a person so
36engaged shall be identified only as a “physical therapist student”
37or a “physical therapist assistant student,” as authorized by the
38board in its regulations.

P14   1

SEC. 33.  

The heading of Article 3 (commencing with Section
22635) is added to Chapter 5.7 of Division 2 of the Business and
3Professions Code
, to read:

4 

5Article 3.  Qualifications and Requirements for Licensure
6

 

7

SEC. 34.  

Section 2636 of the Business and Professions Code
8 is amended to read:

9

2636.  

(a) Except as otherwise provided in this chapter, no
10person shall receive a license under this chapter without first
11successfully passing the following examinations, where success
12is determined based on the examination passing standard set by
13the board:

14(1) An examination under the direction of the board to
15demonstrate the applicant’s knowledge of the laws and regulations
16related to the practice of physical therapy in California. The
17examination shall reasonably test the applicant’s knowledge of
18these laws and regulations.

19(2) The physical therapy examination for the applicant’s
20licensure category. The examination for licensure as a physical
21therapist shall test entry-level competence to practice physical
22therapy. The examination for licensure as a physical therapist
23assistant shall test entry-level competence to practice as a physical
24therapist assistant in the technical application of physical therapy
25services.

26(b) An applicant may take the examinations for licensure as a
27physical therapist or for licensure as a physical therapist assistant
28after the applicant has met the educational requirements for that
29particular category of licensure.

30(c) The examinations required by the board for a license under
31this chapter may be conducted by the board or by a public or
32private organization specified by the board. The examinations may
33be conducted under a uniform examination system and, for that
34purpose, the board may make arrangements with organizations
35furnishing examination materials as may, in its discretion, be
36 desirable.

37

SEC. 35.  

Section 2636.5 of the Business and Professions Code
38 is amended to read:

39

2636.5.  

(a) An applicant may be issued a license without a
40written examination if he or she meets all of the following:

P15   1(1) He or she is at the time of application licensed as a physical
2therapist or physical therapist assistant in a state, district, or
3territory of the United States having, in the opinion of the board,
4requirements for licensing equal to or higher than those in
5California, and he or she has passed, to the satisfaction of the board,
6an examination for licensing that is, in the opinion of the board,
7comparable to the examination used in this state.

8(2) He or she is a graduate of a physical therapist or physical
9therapist assistant education program approved by the board, or
10has met the requirements of Section 2653.

11(3) He or she files an application with the board and meets the
12requirements prescribed by Sections 2635 and 2650.

13(b) An applicant for licensure under subdivision (a), whose
14application is based on a certificate issued by a physical therapy
15licensing authority of another state may be required to file a
16statement of past work activity.

17(c) An applicant who has filed a physical therapy application
18under this section with the board for the first time may, between
19the date of receipt of notice that his or her application is on file
20and the date of receipt of his or her license, perform as a physical
21therapist or physical therapist assistant, as appropriate, under the
22supervision of a physical therapist licensed in this state.

23During this period the applicant shall identify himself or herself
24only as a “physical therapist license applicant” or “physical
25therapist assistant license applicant,” as appropriate.

26If the applicant under this section does not qualify and receive
27a license as provided in this section and does not qualify under
28Section 2639, all privileges under this section shall terminate upon
29notice by the board. An applicant may only qualify once to perform
30as a physical therapist license applicant or physical therapist
31assistant license applicant.

32

SEC. 36.  

Section 2638 of the Business and Professions Code
33 is amended to read:

34

2638.  

Any applicant for licensure as a physical therapist or
35physical therapist assistant who fails to pass the examination
36required by the board may retake the licensing examination and
37shall pay the reexamination fee.

38

SEC. 37.  

Section 2639 of the Business and Professions Code
39 is repealed.

P16   1

SEC. 38.  

Section 2639 is added to the Business and Professions
2Code
, to read:

3

2639.  

(a) (1) Every graduate of an approved physical therapy
4education program who has filed a complete application, as defined
5in regulation, for licensure with the board and has been awarded
6either physical therapist license applicant status or physical
7therapist assistant license applicant status shall practice under the
8supervision of a licensed physical therapist pursuant to this chapter
9for no more than 120 days pending the results of the first licensing
10examination administered. If the applicant passes the examination,
11the physical therapist license applicant status or physical therapist
12assistant license applicant status shall remain in effect until a
13regular renewable license is issued, or licensure is denied, by the
14board. A supervising physical therapist shall document receipt of
15the letter authorizing the physical therapist license applicant status
16or physical therapist assistant license applicant status and record
17the expiration date of that status in the employee record. A
18supervising physical therapist shall require the applicant to provide
19documentation of the license issued at the conclusion of the
20physical therapist license applicant status or physical therapist
21assistant license applicant status. During this period the applicant
22shall identify himself or herself only as “physical therapist license
23applicant” or “physical therapist assistant license applicant,” as
24appropriate.

25(2) A person shall not be considered a graduate unless he or she
26has successfully completed all the clinical training and internship
27required for graduation from the education program.

28(b) A physical therapist license applicant who has been awarded
29license applicant status may perform as a physical therapist if he
30or she is under the supervision of a physical therapist licensed by
31the board. A physical therapist assistant license applicant who has
32been awarded license applicant status may perform as a physical
33therapist assistant if he or she is under the supervision of a physical
34therapist licensed by the board. The applicant shall comply with
35any requirements applicable to the license for which he or she
36applied. An applicant may not perform in those capacities if he or
37she fails the first examination attempt.

38

SEC. 39.  

Section 2639.1 is added to the Business and
39Professions Code
, to read:

P17   1

2639.1.  

A person having, in the opinion of the board, training
2or experience, or a combination of training and experience,
3 equivalent to that obtained in an approved physical therapist
4assistant education program and who meets the requirements of
5Section 2635 may apply for licensure as a physical therapist
6assistant.

7

SEC. 40.  

Section 2640 of the Business and Professions Code
8 is repealed.

9

SEC. 41.  

Article 4 (commencing with Section 2644) is added
10to Chapter 5.7 of Division 2 of the Business and Professions Code,
11to read:

12 

13Article 4.  Renewal of Licenses
14

 

15

2644.  

(a) Every license issued under this chapter shall expire
16at 12 a.m. on the last day of the birth month of the licensee during
17the second year of a two-year term, if not renewed.

18(b) To renew an unexpired license, the licensee shall, on or
19before the date on which it would otherwise expire, apply for
20renewal on a form prescribed by the board, pay the prescribed
21renewal fee, and submit proof of the completion of continuing
22competency required by the board pursuant to Section 2649. The
23licensee shall disclose on his or her license renewal application
24any misdemeanor or other criminal offense for which he or she
25has been found guilty or to which he or she has pleaded guilty or
26no contest.

27

2645.  

At least 60 days before the expiration of any license, the
28board shall mail to each licensee under this chapter, at the latest
29address furnished by the licensee to the board, a notice stating the
30amount of the renewal fee and the date on which it is due, and that
31failure to pay it on or before the due date shall result in expiration
32of the license.

33

2646.  

A license that has expired may be renewed at any time
34within five years after its expiration by applying for renewal as
35set forth in Section 2644. Renewal under this section shall be
36effective on the date on which the renewal application is filed, on
37the date on which the renewal fee or accrued renewal fees are paid,
38or on the date on which the delinquency fee and penalty fee, if
39any, are paid, whichever last occurs. A renewed license shall
40continue in effect through the expiration date set forth in Section
P18   12644 that next occurs after the effective date of the renewal, at
2which time it shall expire and become invalid if it is not so
3renewed.

4

2647.  

A person who fails to renew his or her license within
5five years after its expiration may not renew it, and it shall not be
6reissued, reinstated, or restored thereafter. However, the person
7may apply for a new license if he or she satisfies the requirements
8set forth in Article 3 (commencing with Section 2635).

9

2648.  

(a) A licensee is exempt from the payment of the renewal
10fee while engaged in full-time training or active service in the
11United States Army, Navy, Air Force, Marines, or Coast Guard,
12or in the United States Public Health Service.

13(b) A person exempted from the payment of the renewal fee by
14this section shall not engage in any practice of, or assistance in the
15provision of, physical therapy not related to his or her military
16service and shall become liable for payment of the fee for the
17current renewal period upon his or her discharge from full-time
18active service and shall have a period of 60 days after becoming
19liable within which to pay the renewal fee before the delinquency
20fee is required. Any person who is discharged from active service
21 within 60 days of the end of the renewal period is exempt from
22the payment of the renewal fee for that period.

23(c) The time spent in full-time active service or training shall
24not be included in the computation of the five-year period for
25renewal and reinstatement of licensure provided in Section 2646.

26(d) A person exempt from renewal fees under this section shall
27not be exempt from meeting the requirements of Section 2649.

28

2648.3.  

A licensee who demonstrates to the satisfaction of the
29board that he or she is unable to practice, or assist in the provision
30of, physical therapy due to a disability may request a waiver of
31the license renewal fee. The granting of a waiver shall be at the
32discretion of the board and may be terminated at any time. Waivers
33shall be based on the inability of a licensee to practice, or assist in
34the provision of, physical therapy. A licensee whose renewal fee
35has been waived pursuant to this section shall not engage in the
36practice of, or assist in the provision of, physical therapy unless
37and until the licensee pays the current renewal fee and does either
38of the following:

39(a) Establishes to the satisfaction of the board, on a form
40prescribed by the board and signed under penalty of perjury, that
P19   1the licensee’s disability either no longer exists or does not affect
2his or her ability to practice, or assist in the provision of, physical
3therapy safely.

4(b) Signs an agreement, on a form prescribed by the board and
5signed under penalty of perjury, to limit his or her practice of, or
6assistance in the provision of, physical therapy in the manner
7prescribed by his or her reviewing physician.

8(c) A person exempt from renewal fees under this section shall
9not be exempt from meeting the requirements of Section 2649.

10

2648.5.  

(a) The renewal fee shall be waived for licensees
11residing in California who certify to the board that license renewal
12is for the sole purpose of providing voluntary, unpaid physical
13therapy services.

14(b) A person exempt from renewal fees under this section shall
15not be exempt from meeting the requirements of Section 2649.

16

2648.7.  

A licensee is exempt from the payment of the renewal
17fee and from meeting the requirements set forth in Section 2649
18if he or she has applied to the board for retired license status. A
19holder of a license in retired status pursuant to this section shall
20not engage in the practice of, or assist in the provision of, physical
21therapy unless the licensee applies for renewal and meets all of
22the requirements as set forth in Section 2644.

23

SEC. 42.  

The heading of Article 4 (commencing with Section
242650) of Chapter 5.7 of Division 2 of the Business and Professions
25Code
is amended and renumbered to read:

26 

27Article 5.  Educational Standards
28

 

29

SEC. 43.  

Section 2650 of the Business and Professions Code
30 is repealed.

31

SEC. 44.  

Section 2650 is added to the Business and Professions
32Code
, to read:

33

2650.  

(a) The physical therapist education requirements are
34as follows:

35(1) Except as otherwise provided in this chapter, each applicant
36for a license as a physical therapist shall be a graduate of a
37professional degree program of an accredited postsecondary
38institution or institutions approved by the board and shall have
39completed a professional education program including academic
40course work and clinical internship in physical therapy.

P20   1(2) Unless otherwise specified by the board by regulation, the
2educational requirements shall include instruction in the subjects
3prescribed by the Commission on Accreditation in Physical
4Therapy Education (CAPTE) of the American Physical Therapy
5Association or Physiotherapy Education Accreditation Canada and
6shall include a combination of didactic and clinical experiences.
7The clinical experience shall include at least 18 weeks of full-time
8experience with a variety of patients.

9(b) The physical therapist assistant educational requirements
10are as follows:

11(1) Except as otherwise provided in this chapter, each applicant
12for a license as a physical therapist assistant shall be a graduate of
13a physical therapist assistant program of an accredited
14postsecondary institution or institutions approved by the board,
15and shall have completed both the academic and clinical experience
16required by the physical therapist assistant program, and have been
17awarded an associate degree.

18(2) Unless otherwise specified by the board by regulation, the
19educational requirements shall include instruction in the subjects
20prescribed by the CAPTE of the American Physical Therapy
21Association or Physiotherapy Education Accreditation Canada or
22such other body as may be approved by the board by regulation
23and shall include a combination of didactic and clinical
24experiences. The clinical experience shall include at least 18 weeks
25of full-time experience with a variety of patients.

26

SEC. 45.  

Section 2650.1 of the Business and Professions Code
27 is repealed.

28

SEC. 46.  

Section 2650.2 of the Business and Professions Code
29 is repealed.

30

SEC. 47.  

Section 2651 of the Business and Professions Code
31 is amended to read:

32

2651.  

The board shall approve only those physical therapist
33and physical therapist assistant education programs that prove to
34the satisfaction of the board that they comply with the minimum
35physical therapist or physical therapist assistant educational
36requirements set forth in this chapter and adopted by the board
37pursuant to this chapter. Physical therapist and physical therapist
38assistant education programs that are accredited by the Commission
39on Accreditation in Physical Therapy Education of the American
40Physical Therapy Association, Physiotherapy Education
P21   1Accreditation Canada, or such other body as may be approved by
2the board by regulation shall be deemed approved by the board
3unless the board determines otherwise. This chapter shall not
4prohibit the board from disapproving any foreign physical therapist
5or physical therapist assistant educational program or from denying
6an applicant if, in the opinion of the board, the instruction received
7by the applicant or the courses offered by the program were not
8equivalent to that which is required by this chapter.

9

SEC. 48.  

Section 2652 of the Business and Professions Code
10 is repealed.

11

SEC. 49.  

Section 2653 of the Business and Professions Code
12 is repealed.

13

SEC. 50.  

Section 2653 is added to the Business and Professions
14Code
, to read:

15

2653.  

An applicant for a license as a physical therapist who
16has graduated from a physical therapist education program that is
17not approved by the board and is not located in the United States
18shall do all of the following:

19(a) Furnish documentary evidence satisfactory to the board, that
20he or she has completed a professional degree in a physical
21therapist educational program substantially equivalent at the time
22of his or her graduation to that issued by a board approved physical
23therapist education program. The professional degree must entitle
24the applicant to practice as a physical therapist in the country where
25the diploma was issued. The applicant shall meet the educational
26requirements set forth in paragraph (2) of subdivision (a) of Section
272650. The board may require an applicant to submit documentation
28of his or her education to a credentials evaluation service for review
29and a report to the board.

30(b) Demonstrate proficiency in English by achieving a score
31specified by the board on the Test of English as a Foreign Language
32administered by the Educational Testing Services or such other
33examination as may be specified by the board by regulation.

34(c) Complete nine months of clinical service in a location
35approved by the board under the supervision of a physical therapist
36licensed by a United States jurisdiction, in a manner satisfactory
37to the board. The applicant shall have passed the written
38examination required in Section 2636 prior to commencing the
39period of clinical service. The board shall require the supervising
40physical therapist to evaluate the applicant and report his or her
P22   1findings to the board. The board may in its discretion waive all or
2part of the required clinical service pursuant to guidelines set forth
3in its regulations. During the period of clinical service, the applicant
4shall be identified as a physical therapist license applicant. If an
5applicant fails to complete the required period of clinical service,
6the board may, for good cause shown, allow the applicant to
7complete another period of clinical service.

8

SEC. 51.  

Section 2654 is added to the Business and Professions
9Code
, to read:

10

2654.  

If an applicant who has graduated from a physical
11therapist education program that is not approved by the board and
12is not located in the United States does not qualify to take the
13physical therapist examination, his or her education may be
14evaluated by the board and the applicant may be eligible to take
15the physical therapist assistant examination.

16

SEC. 52.  

Article 4.5 (commencing with Section 2655) of
17Chapter 5.7 of Division 2 of the Business and Professions Code
18 is repealed.

19

SEC. 53.  

The heading of Article 5 (commencing with Section
202660) of Chapter 5.7 of Division 2 of the Business and Professions
21Code
is amended and renumbered to read:

22 

23Article 6.  Enforcement
24

 

25

SEC. 54.  

Section 2660 of the Business and Professions Code
26 is amended to read:

27

2660.  

Unprofessional conduct constitutes grounds for citation,
28discipline, denial of a license, or issuance of a probationary license.
29The board may, after the conduct of appropriate proceedings under
30the Administrative Procedure Act (Chapter 4.5 (commencing with
31Section 11400) of Part 1 of Division 3 of Title 2 of the Government
32Code), issue a citation, impose discipline, deny a license, suspend
33for not more than 12 months, or revoke, or impose probationary
34conditions upon any license issued under this chapter for
35unprofessional conduct that includes, in addition to other provisions
36of this chapter, but is not limited to, the following:

37(a) Violating or attempting to violate, directly or indirectly,
38assisting in or abetting the violation of, or conspiring to violate
39any provision of this chapter, any regulations duly adopted under
P23   1this chapter, or the Medical Practice Act (Chapter 5 (commencing
2with Sectionbegin delete 2000).end deletebegin insert 2000))end insertbegin insert.end insert

3(b) Advertising in violation of Section 17500.

4(c) Obtaining or attempting to obtain a license by fraud or
5misrepresentation.

6(d) Practicing or offering to practice beyond the scope of practice
7of physical therapy.

8(e) Conviction of a crime that substantially relates to the
9qualifications, functions, or duties of a physical therapist or
10physical therapist assistant. The record of conviction or a certified
11copy thereof shall be conclusive evidence of that conviction.

12(f) Unlawful possession or use of, or conviction of a criminal
13offense involving, a controlled substance as defined in Division
1410 (commencing with Section 11000) of the Health and Safety
15Code, or any dangerous drug as defined in Article 2 (commencing
16with Section 4015) of Chapter 9, as follows:

17(1) Obtaining or possessing in violation of law, or except as
18directed by a licensed physician and surgeon, dentist, or podiatrist,
19administering to himself or herself, or furnishing or administering
20to another, any controlled substances or any dangerous drug.

21(2) Using any controlled substance or any dangerous drug.

22(3) Conviction of a criminal offense involving the consumption
23or self-administration of, or the possession of, or falsification of
24a record pertaining to, any controlled substance or any dangerous
25drug, in which event the record of the conviction is conclusive
26evidence thereof.

27(g) Failure to maintain adequate and accurate records relating
28to the provision of services to his or her patients.

29(h) Gross negligence or repeated acts of negligence in practice
30or in the delivery of physical therapy care.

31(i) Aiding or abetting any person to engage in the unlawful
32practice of physical therapy.

33(j) The commission of any fraudulent, dishonest, or corrupt act
34that is substantially related to the qualifications, functions, or duties
35of a physical therapist or physical therapist assistant.

36(k) Except for good cause, the knowing failure to protect patients
37by failing to follow infection control guidelines of the board,
38thereby risking transmission of blood-borne infectious diseases
39from licensee to patient, from patient to patient, and from patient
40to licensee. In administering this subdivision, the board shall
P24   1consider referencing the standards, regulations, and guidelines of
2the State Department of Public Health developed pursuant to
3Section 1250.11 of the Health and Safety Code and the standards,
4regulations, and guidelines pursuant to the California Occupational
5Safety and Health Act of 1973 (Part 1 (commencing with Section
66300) of Division 5 of the Labor Code) for preventing the
7transmission of HIV, hepatitis B, and other blood-borne pathogens
8in health care settings. As necessary, the board shall consult with
9the Medical Board of California, the California Board of Podiatric
10Medicine, the Dental Board of California, the Board of Registered
11Nursing, and the Board of Vocational Nursing and Psychiatric
12Technicians of the State of California, to encourage appropriate
13consistency in the implementation of this subdivision.

14(l) The commission of verbal abuse or sexual harassment.

15(m) Engaging in sexual misconduct or violating Section 726.

16(n) Permitting a physical therapist assistant or physical therapy
17aide under one’s supervision or control to perform, or permitting
18the physical therapist assistant or physical therapy aide to hold
19himself or herself out as competent to perform, professional
20services beyond the level of education, training, and experience
21of the physical therapist assistant or aide.

22(o) The revocation, suspension, or other discipline, restriction,
23or limitation imposed by another state upon a license or certificate
24to practice physical therapy issued by that state, or the revocation,
25suspension, or restriction of the authority to practice physical
26therapy by any agency of the federal government.

27(p) Viewing a completely or partially disrobed patient in the
28course of treatment if the viewing is not necessary to patient
29evaluation or treatment under current standards.

30(q) Engaging in any act in violation of Section 650, 651, or
31654.2.

32(r) Charging a fee for services not performed.

33(s) Misrepresenting documentation of patient care or deliberate
34falsifying of patient records.

35(t) Except as otherwise allowed by law, the employment of
36runners, cappers, steerers, or other persons to procure patients.

37(u) The willful, unauthorized violation of professional
38confidence.

39(v) Failing to maintain confidentiality, except as otherwise
40required or permitted by law, of all information that has been
P25   1received from a patient in confidence during the course of treatment
2and all information about the patient that is obtained from tests or
3other means.

4(w) Habitual intemperance.

5begin insert

begin insertSEC. 54.5.end insert  

end insert

begin insertSection 2660 of the end insertbegin insertBusiness and Professions Codeend insert
6begin insert is amended to read:end insert

7

2660.  

begin insertUnprofessional conduct constitutes grounds for citation,
8discipline, denial of a license, or issuance of a probationary
9license. end insert
The board may, after the conduct of appropriate
10proceedings under the Administrative Procedurebegin delete Act,end deletebegin insert Act (Chapter
114.5 (commencing with Section 11400) of Part 1 of Division 3 of
12Title 2 of the Government Code), issue a citation, impose discipline,
13deny a license,end insert
suspend for not more than 12 months, or revoke,
14or impose probationary conditions upon anybegin delete license, certificate,
15or approvalend delete
begin insert licenseend insert issued under this chapter for unprofessional
16conduct that includes,begin insert in addition to other provisions of this
17chapter,end insert
but is not limited to,begin delete one or any combination of the
18following causes:end delete
begin insert the following:end insert

begin insert

19(a) Violating or attempting to violate, directly or indirectly,
20assisting in or abetting the violation of, or conspiring to violate
21any provision of this chapter, any regulations duly adopted under
22this chapter, or the Medical Practice Act (Chapter 5 (commencing
23with Section 2000)).

end insert
begin delete

24(a)

end delete

25begin insert(b)end insert Advertising in violation of Section 17500.

begin delete

26(b) Fraud in the procurement of any license under this chapter.

end delete
begin delete

27(c) Procuring or aiding or offering to procure or aid in criminal
28abortion.

end delete
begin insert

29(c) Obtaining or attempting to obtain a license by fraud or
30misrepresentation.

end insert
begin insert

31(d) Practicing or offering to practice beyond the scope of
32practice of physical therapy.

end insert
begin delete

33(d)

end delete

34begin insert(e)end insert Conviction of a crime that substantially relates to the
35qualifications, functions, or duties of a physical therapist or
36physical therapist assistant. The record of conviction or a certified
37copy thereof shall be conclusive evidence of that conviction.

begin delete

38(e) Habitual intemperance.

end delete
begin delete

39(f) Addiction to the excessive use of any habit-forming drug.

end delete
begin delete

P26   1(g) Gross negligence in his or her practice as a physical therapist
2or physical therapist assistant.

end delete
begin delete

3(h) Conviction of a violation of any of the provisions of this
4chapter or of the Medical Practice Act, or violating, or attempting
5to violate, directly or indirectly, or assisting in or abetting the
6violating of, or conspiring to violate any provision or term of this
7chapter or of the Medical Practice Act.

end delete
begin delete

8(i) The aiding or abetting of any person to violate this chapter
9or any regulations duly adopted under this chapter.

end delete
begin insert

10(f) Unlawful possession or use of, or conviction of a criminal
11offense involving, a controlled substance as defined in Division
1210 (commencing with Section 11000) of the Health and Safety
13Code, or any dangerous drug as defined in Article 2 (commencing
14with Section 4015) of Chapter 9, as follows:

end insert
begin insert

15(1) Obtaining or possessing in violation of law, or except as
16directed by a licensed physician and surgeon, dentist, or podiatrist,
17administering to himself or herself, or furnishing or administering
18to another, any controlled substances or any dangerous drug.

end insert
begin insert

19(2) Using any controlled substance or any dangerous drug.

end insert
begin insert

20(3) Conviction of a criminal offense involving the consumption
21or self-administration of, or the possession of, or falsification of
22a record pertaining to, any controlled substance or any dangerous
23drug, in which event the record of the conviction is conclusive
24evidence thereof.

end insert
begin insert

25(g) Failure to maintain adequate and accurate records relating
26to the provision of services to his or her patients.

end insert
begin insert

27(h) Gross negligence or repeated acts of negligence in practice
28or in the delivery of physical therapy care.

end insert
begin delete

29(j) The aiding

end delete

30begin insert(i)end insertbegin insertend insertbegin insertAidingend insert or abettingbegin delete ofend delete any person to engage in the unlawful
31practice of physical therapy.

begin delete

32(k)

end delete

33begin insert(j)end insert The commission of any fraudulent, dishonest, or corrupt act
34that is substantially related to the qualifications, functions, or duties
35of a physical therapist or physical therapist assistant.

begin delete

36(l)

end delete

37begin insert(k)end insert Except for good cause, the knowing failure to protect patients
38by failing to follow infection control guidelines of the board,
39thereby risking transmission ofbegin delete blood-borneend deletebegin insert bloodborneend insert infectious
40diseases from licensee to patient, from patient to patient, and from
P27   1patient to licensee. In administering this subdivision, the board
2shall consider referencing the standards, regulations, and guidelines
3of the State Department of Public Health developed pursuant to
4Section 1250.11 of the Health and Safety Code and the standards,
5regulations, and guidelines pursuant to the California Occupational
6Safety and Health Act of 1973 (Part 1 (commencing with Section
76300) of Division 5 of the Labor Code) for preventing the
8transmission of HIV, hepatitis B, and otherbegin delete blood-borneend deletebegin insert bloodborneend insert
9 pathogens in health care settings. As necessary, the board shall
10consult with the Medical Board of California, the California Board
11of Podiatric Medicine, the Dental Board of California, the Board
12of Registered Nursing, and the Board of Vocational Nursing and
13Psychiatric Technicians of the State of California, to encourage
14appropriate consistency in the implementation of this subdivision.

begin delete

15The board shall seek to ensure that licensees are informed of the
16responsibility of licensees and others to follow infection control
17guidelines, and of the most recent scientifically recognized
18safeguards for minimizing the risk of transmission of blood-borne
19infectious diseases.

end delete
begin delete

20(m)

end delete

21begin insert(l)end insert The commission of verbal abuse or sexual harassment.

begin insert

22(m) Engaging in sexual misconduct or violating Section 726.

end insert
begin insert

23(n) Permitting a physical therapist assistant or physical therapy
24aide under one’s supervision or control to perform, or permitting
25the physical therapist assistant or physical therapy aide to hold
26himself or herself out as competent to perform, professional
27services beyond the level of education, training, and experience
28of the physical therapist assistant or aide.

end insert
begin insert

29(o) The revocation, suspension, or other discipline, restriction,
30or limitation imposed by another state upon a license or certificate
31to practice physical therapy issued by that state, or the revocation,
32suspension, or restriction of the authority to practice physical
33therapy by any agency of the federal government.

end insert
begin insert

34(p) Viewing a completely or partially disrobed patient in the
35course of treatment if the viewing is not necessary to patient
36evaluation or treatment under current standards.

end insert
begin insert

37(q) Engaging in any act in violation of Section 650, 651, or
38654.2.

end insert
begin insert

39(r) Charging a fee for services not performed.

end insert
begin insert

P28   1(s) Misrepresenting documentation of patient care or deliberate
2 falsifying of patient records.

end insert
begin insert

3(t) Except as otherwise allowed by law, the employment of
4runners, cappers, steerers, or other persons to procure patients.

end insert
begin insert

5(u) The willful, unauthorized violation of professional
6confidence.

end insert
begin insert

7(v) Failing to maintain confidentiality, except as otherwise
8required or permitted by law, of all information that has been
9received from a patient in confidence during the course of
10treatment and all information about the patient that is obtained
11from tests or other means.

end insert
begin insert

12(w) Habitual intemperance.

end insert
begin insert

13(x) Failure to comply with the provisions of Section 2620.1.

end insert
14

SEC. 55.  

Section 2660.2 of the Business and Professions Code
15 is amended to read:

16

2660.2.  

(a) The board may refuse a license to any applicant
17guilty of unprofessional conduct or sexual activity referred to in
18Section 2660.1. The board may, in its sole discretion, issue a public
19letter of reprimand or may issue a probationary license to any
20applicant for a license who is guilty of unprofessional conduct but
21who has met all other requirements for licensure. The board may
22issue the license subject to any terms or conditions not contrary
23to public policy, including, but not limited to, the following:

24(1) Medical or psychiatric evaluation.

25(2) Continuing medical or psychiatric treatment.

26(3) Restriction of the type or circumstances of practice.

27(4) Continuing participation in a board-approved rehabilitation
28program.

29(5) Abstention from the use of alcohol or drugs.

30(6) Random fluid testing for alcohol or drugs.

31(7) Compliance with laws and regulations governing the practice
32of physical therapy.

33(b) The applicant shall have the right to appeal the denial, or
34the issuance with terms and conditions, of any license in
35accordance with Chapter 5 (commencing with Section 11500) of
36Part 1 of Division 3 of Title 2 of the Government Code, and the
37board shall have all the powers granted therein. The action shall
38be final, except that the propriety of the action is subject to review
39by the superior court pursuant to Section 1094.5 of the Code of
40Civil Procedure.

P29   1(c) In lieu of refusing a license, the board may, upon stipulation
2or agreement by the licensee, issue a public letter of reprimand
3after it has conducted an investigation or inspection as provided
4for in this chapter. The public letter of reprimand may include a
5requirement for specified training or education, and cost recovery
6for investigative costs. The board shall notify the licensee of its
7intention to issue the letter 30 days before the intended issuance
8date of the letter. The licensee shall indicate in writing at least 15
9days prior to the letter’s intended issuance date whether he or she
10agrees to the issuance of the letter. The board, at its option, may
11extend the time within which the licensee may respond to its
12notification. If the licensee does not agree to the issuance of the
13letter, the board shall not issue the letter and may proceed to file
14the accusation. The board may use a public letter of reprimand
15only for minor violations, as defined by the board, committed by
16the applicant. A public letter of reprimand issued pursuant to this
17section shall be disclosed by the board to an inquiring member of
18the public and shall be posted on the board’s Internet Web site.

19

SEC. 56.  

Section 2660.3 of the Business and Professions Code
20 is amended to read:

21

2660.3.  

In lieu of filing or prosecuting a formal accusation
22against a licensee, the board may, upon stipulation or agreement
23by the licensee, issue a public letter of reprimand after it has
24conducted an investigation or inspection as provided for in this
25chapter. The public letter of reprimand may include a requirement
26for specified training or education, and cost recovery for
27investigative costs. The board shall notify the licensee of its
28intention to issue the letter 30 days before the intended issuance
29date of the letter. The licensee shall indicate in writing at least 15
30days prior to the letter’s intended issuance date whether he or she
31agrees to the issuance of the letter. The board, at its option, may
32extend the time within which the licensee may respond to its
33notification. If the licensee does not agree to the issuance of the
34letter, the board shall not issue the letter and may proceed to file
35the accusation. The board may use a public letter of reprimand
36only for minor violations, as defined by the board, committed by
37the licensee. A public letter of reprimand issued pursuant to this
38section shall be disclosed by the board to an inquiring member of
39the public and shall be posted on the board’s Internet Web site.

P30   1

SEC. 57.  

Section 2660.4 is added to the Business and
2Professions Code
, to read:

3

2660.4.  

A licensee who fails or refuses to comply with a request
4from the board for the medical records of a patient, that is
5accompanied by that patient’s written authorization for release of
6records to the board, within 15 days of receiving the request and
7authorization shall pay to the board a civil penalty of one thousand
8dollars ($1,000) per day for each day that the records have not
9been produced after the 15th day, unless the licensee is unable to
10provide the records within this time period for good cause.

11

SEC. 58.  

Section 2660.5 of the Business and Professions Code
12 is amended to read:

13

2660.5.  

The board shall deny a physical therapist license or
14physical therapist assistant license to an applicant who is required
15to register pursuant to Section 290 of the Penal Code. This section
16does not apply to an applicant who is required to register as a sex
17offender pursuant to Section 290 of the Penal Code solely because
18of a misdemeanor conviction under Section 314 of the Penal Code.

19

SEC. 59.  

Section 2660.8 is added to the Business and
20Professions Code
, to read:

21

2660.8.  

A licensee whose matter has been heard by an
22administrative law judge of the Medical Quality Hearing Panel as
23designated in Section 11371 of the Government Code, or whose
24default has been entered or who has entered into a stipulation for
25disciplinary action with the board, may, in accordance with the
26provisions of this chapter:

27(a) Have his or her license revoked upon order of the board.

28(b) Have his or her right to practice suspended for a period not
29to exceed one year upon order of the board.

30(c) Be placed on probation and required to pay the costs of
31probation monitoring upon order of the board.

32(d) Be publicly reprimanded by the board.

33(e) Be required to surrender his or her license based on an order
34of the board.

35(f) Have any other action taken in relation to discipline as part
36of an order of probation, as the board or an administrative law
37judge may deem proper.

38

SEC. 60.  

Section 2661 of the Business and Professions Code
39 is amended to read:

P31   1

2661.  

A plea or verdict of guilty or a conviction following a
2plea of nolo contendere is deemed to be a conviction within the
3meaning of this article. The board may order discipline of the
4licensee in accordance with Section 2660 or the board may take
5action as authorized in Section 2660.2 on an application when the
6time for appeal has elapsed, or the judgment of conviction has
7been affirmed on appeal or when an order granting probation is
8made suspending the imposition of sentence, irrespective of a
9subsequent order under Section 1203.4 of the Penal Code allowing
10that person to withdraw his or her plea of guilty and to enter a plea
11of not guilty, or setting aside the verdict of guilty, or dismissing
12the accusation, information, or indictment.

13

SEC. 61.  

Section 2661.7 of the Business and Professions Code
14 is amended to read:

15

2661.7.  

(a) A person whose license has been revoked or
16suspended, or who has been placed on probation, may petition the
17board for reinstatement or modification of penalty, including
18modification or termination of probation, after a period of not less
19than the following minimum periods has elapsed from the effective
20date of the decision ordering that disciplinary action:

21(1) At least three years for reinstatement of a license or approval
22revoked for unprofessional conduct, except that the board may,
23for good cause shown, specify in a revocation order that a petition
24for reinstatement may be filed after two years.

25(2) At least two years for early termination or one year for
26modification of a condition of probation of three years or more.

27(3) At least one year for reinstatement of a license revoked for
28mental or physical illness, or for modification of a condition, or
29termination of probation of less than three years.

30(b) The petition shall state any facts as may be required by the
31board. The petition shall be accompanied by at least two verified
32recommendations from physical therapists licensed by the board
33who have personal knowledge of the activities of the petitioner
34since the disciplinary penalty was imposed.

35(c) The petition may be heard by the board. The board may
36assign the petition to an administrative law judge designated in
37Section 11371 of the Government Code. After a hearing on the
38petition, the administrative law judge shall provide a proposed
39decision to the board that shall be acted upon in accordance with
40the Administrative Procedure Act.

P32   1(d) The board or the administrative law judge hearing the
2petition may consider all activities of the petitioner since the
3disciplinary action was taken, the offense for which the petitioner
4was disciplined, the petitioner’s activities during the time the
5license was in good standing, and the petitioner’s rehabilitative
6efforts, general reputation for truth, and professional ability. The
7hearing may be continued, as the board or the administrative law
8judge designated in Section 11371 of the Government Code finds
9necessary.

10(e) The administrative law judge designated in Section 11371
11of the Government Code when hearing a petition for reinstating a
12license, or modifying a penalty, may recommend the imposition
13of any terms and conditions deemed necessary.

14(f) No petition shall be considered while the petitioner is under
15sentence for any criminal offense, including any period during
16which the petitioner is on court-imposed probation or parole. No
17petition shall be considered while there is an accusation or petition
18to revoke probation pending against the petitioner. The board may
19deny, without a hearing or argument, any petition filed pursuant
20to this section within a period of two years from the effective date
21of the prior decision following a hearing under this section.

22(g) Nothing in this section shall be deemed to alter Sections 822
23and 823.

24

SEC. 62.  

The heading of Article 5.5 (commencing with Section
252662) of Chapter 5.7 of Division 2 of the Business and Professions
26Code
is amended and renumbered to read:

27 

28Article 7.  Substance Abuse Rehabilitation Program
29

 

30

SEC. 63.  

Section 2663 of the Business and Professions Code
31 is amended to read:

32

2663.  

The board shall establish and administer a substance
33abuse rehabilitation program, hereafter referred to as the
34rehabilitation program, for the rehabilitation of physical therapists
35and physical therapist assistants whose competency is impaired
36due to the abuse of drugs or alcohol. The board may contract with
37any other state agency or a private organization to perform its
38duties under this article. The board may establish one or more
39rehabilitation evaluation committees to assist it in carrying out its
40duties under this article. Any rehabilitation evaluation committee
P33   1established by the board shall operate under the direction of the
2rehabilitation program manager, as designated by the executive
3officer of the board. The program manager has the primary
4responsibility to review and evaluate recommendations of the
5committee.

6

SEC. 64.  

Section 2664 of the Business and Professions Code
7 is amended to read:

8

2664.  

(a) Any rehabilitation evaluation committee established
9by the board shall have at least three members. In making
10appointments to a rehabilitation evaluation committee, the board
11shall consider the appointment of persons who are either recovering
12from substance abuse and have been free from substance abuse
13for at least three years immediately prior to their appointment or
14who are knowledgeable in the treatment and recovery of substance
15abuse. The board also shall consider the appointment of a physician
16and surgeon who is board certified in psychiatry.

17(b) Appointments to a rehabilitation evaluation committee shall
18be by the affirmative vote of a majority of members appointed to
19the board. Each appointment shall be at the pleasure of the board
20for a term not to exceed four years. In its discretion, the board may
21stagger the terms of the initial members so appointed.

22(c) A majority of the members of a rehabilitation evaluation
23committee shall constitute a quorum for the transaction of business.
24Any action requires an affirmative vote of a majority of those
25members present at a meeting constituting at least a quorum. Each
26rehabilitation evaluation committee shall elect from its membership
27a chairperson and a vice chairperson. Notwithstanding the
28Bagley-Keene Open Meeting Act (Article 9 (commencing with
29Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
30the Government Code), relating to public meetings, a rehabilitation
31evaluation committee may convene in closed session to consider
32matters relating to any physical therapist or physical therapist
33assistant applying for or participating in a rehabilitation program,
34and a meeting which will be convened entirely in closed session
35need not comply with Section 11125 of the Government Code. A
36rehabilitation evaluation committee shall only convene in closed
37session to the extent it is necessary to protect the privacy of an
38applicant or participant. Each member of a rehabilitation evaluation
39committee shall receive a per diem and shall be reimbursed for
40expenses as provided in Section 103.

P34   1

SEC. 65.  

Section 2665 of the Business and Professions Code
2 is amended to read:

3

2665.  

Each rehabilitation evaluation committee has the
4following duties and responsibilities:

5(a) To evaluate physical therapists and physical therapist
6assistants who request participation in the rehabilitation program
7and to make recommendations. In making recommendations, the
8committee shall consider any recommendations from professional
9consultants on the admission of applicants to the rehabilitation
10program.

11(b) To review and designate treatment facilities to which
12physical therapists and physical therapist assistants in the
13rehabilitation program may be referred.

14(c) To receive and review information concerning physical
15therapists and physical therapist assistants participating in the
16program.

17(d) Calling meetings as necessary to consider the requests of
18physical therapists and physical therapist assistants to participate
19in the rehabilitation program, to consider reports regarding
20participants in the program, and to consider any other matters
21referred to it by the board.

22(e) To consider whether each participant in the rehabilitation
23program may with safety continue or resume the practice of
24physical therapy.

25(f) To set forth in writing the terms and conditions of the
26 rehabilitation agreement that is approved by the program manager
27for each physical therapist and physical therapist assistant
28participating in the program, including treatment, supervision, and
29monitoring requirements.

30(g) To hold a general meeting at least twice a year, which shall
31be open and public, to evaluate the rehabilitation program’s
32progress, to prepare reports to be submitted to the board, and to
33suggest proposals for changes in the rehabilitation program.

34(h) For the purposes of Division 3.6 (commencing with Section
35810) of Title 1 of the Government Code, any member of a
36rehabilitation evaluation committee shall be considered a public
37employee. No board or rehabilitation evaluation committee
38member, contractor, or agent thereof, shall be liable for any civil
39 damage because of acts or omissions which may occur while acting
40in good faith in a program established pursuant to this article.

P35   1

SEC. 66.  

Section 2666 of the Business and Professions Code
2 is amended to read:

3

2666.  

(a) Criteria for acceptance into the rehabilitation program
4shall include all of the following:

5(1) The applicant shall be licensed as a physical therapist or as
6a physical therapist assistant by the board and shall be a resident
7of California.

8(2) The applicant shall be found to abuse dangerous drugs or
9alcoholic beverages in a manner that may affect his or her ability
10to practice physical therapy safely or competently.

11(3) The applicant shall have voluntarily requested admission to
12the program or shall be accepted into the program in accordance
13with terms and conditions resulting from a disciplinary action.

14(4) The applicant shall agree to undertake any medical or
15psychiatric examination ordered to evaluate the applicant for
16participation in the program.

17(5) The applicant shall cooperate with the program by providing
18medical information, disclosure authorizations, and releases of
19liability as may be necessary for participation in the program.

20(6) The applicant shall agree in writing to cooperate with all
21elements of the treatment program designed for him or her.

22Any applicant may be denied participation in the program if the
23board, the program manager, or a rehabilitation evaluation
24committee determines that the applicant will not substantially
25benefit from participation in the program or that the applicant’s
26participation in the program creates too great a risk to the public
27health, safety, or welfare.

28(b) A participant may be terminated from the program for any
29of the following reasons:

30(1) The participant has successfully completed the treatment
31program.

32(2) The participant has failed to comply with the treatment
33program designated for him or her.

34(3) The participant fails to meet any of the criteria set forth in
35subdivision (a) or (c).

36(4) It is determined that the participant has not substantially
37benefited from participation in the program or that his or her
38continued participation in the program creates too great a risk to
39the public health, safety, or welfare. Whenever an applicant is
40denied participation in the program or a participant is terminated
P36   1from the program for any reason other than the successful
2completion of the program, and it is determined that the continued
3practice of physical therapy by that individual creates too great a
4risk to the public health, safety, and welfare, that fact shall be
5reported to the executive officer of the board and all documents
6and information pertaining to and supporting that conclusion shall
7be provided to the executive officer. The matter may be referred
8for investigation and disciplinary action by the board. Each physical
9therapist or physical therapy assistant who requests participation
10in a rehabilitation program shall agree to cooperate with the
11recovery program designed for him or her. Any failure to comply
12with that program may result in termination of participation in the
13program.

14The rehabilitation evaluation committee shall inform each
15participant in the program of the procedures followed in the
16program, of the rights and responsibilities of a physical therapist
17or physical therapist assistant in the program, and the possible
18results of noncompliance with the program.

19(c) In addition to the criteria and causes set forth in subdivision
20(a), the board may set forth in its regulations additional criteria for
21admission to the program or causes for termination from the
22program.

23

SEC. 67.  

Section 2667 of the Business and Professions Code
24 is amended to read:

25

2667.  

All board and rehabilitation evaluation committee records
26and records of proceedings and participation of a physical therapist
27or physical therapist assistant in a program shall be confidential
28and are not subject to discovery or subpoena.

29

SEC. 68.  

Section 2668 of the Business and Professions Code
30 is amended to read:

31

2668.  

(a) A fee to cover the actual cost of administering the
32program shall be charged for participation in the program. If the
33board contracts with any other entity to carry out this article, at
34the discretion of the board, the fee may be collected and retained
35by that entity.

36(b) If the board contracts with any other entity to carry out this
37section, the executive officer of the board, or his or her designee,
38shall review the activities and performance of the contractor on a
39biennial basis. As part of this review, the board shall review files
40of participants in the program. However, the names of participants
P37   1who entered the program voluntarily shall remain confidential,
2except when the review reveals misdiagnosis, case
3mismanagement, or noncompliance by the participant.

4(c) Subdivision (a) shall apply to all new participants entering
5into the board’s rehabilitation program on or after January 1, 2007.
6Subdivision (a) shall apply on and after January 1, 2008, to
7participants currently enrolled as of December 31, 2007.

8

SEC. 69.  

Section 2669 of the Business and Professions Code
9 is amended to read:

10

2669.  

Participation in a rehabilitation program shall not be a
11defense to any disciplinary action that may be taken by the board.
12This section does not preclude the board from commencing
13disciplinary action against a physical therapist or physical therapist
14assistant who is terminated unsuccessfully from the program. That
15disciplinary action may not include as evidence any confidential
16information.

17

SEC. 70.  

The heading of Article 6 (commencing with Section
182670) of Chapter 5.7 of Division 2 of the Business and Professions
19Code
is amended and renumbered to read:

20 

21Article 8.  Offenses Against this Chapter
22

 

23

SEC. 71.  

Section 2672 of the Business and Professions Code
24 is amended to read:

25

2672.  

Whenever any person has engaged or is about to engage
26in any acts or practices that constitute or will constitute an offense
27against this chapter, the superior court of any county, on application
28of the board, or 10 or more persons holding physical therapist
29licenses issued under this chapter, may issue an injunction or other
30appropriate order restraining the conduct. Proceedings under this
31section shall be governed by Chapter 3 (commencing with Section
32525) of Title 7 of Part 2 of the Code of Civil Procedure.

33

SEC. 72.  

The heading of Article 6.5 (commencing with Section
342676) of Chapter 5.7 of Division 2 of the Business and Professions
35Code
is repealed.

36

SEC. 73.  

Section 2676 of the Business and Professions Code
37 is amended and renumbered to read:

38

2649.  

(a) A person renewing his or her license shall submit
39proof satisfactory to the board that, during the preceding two years,
40he or she has completed the required number of continuing
P38   1education hours established by regulation by the board, or such
2other proof of continuing competency as the board may establish
3by regulation. Required continuing education shall not exceed 30
4hours every two years.

5(b) The board shall adopt and administer regulations including,
6but not limited to, continuing education intended to ensure the
7continuing competency of persons licensed pursuant to this chapter.
8The board may establish different requirements for physical
9therapists and physical therapist assistants. The board may not
10require the completion of an additional postsecondary degree or
11successful completion of an examination as a condition of renewal,
12but may recognize these as demonstrative of continuing
13competency. This program shall include provisions requiring
14random audits of licensees in order to ensure compliance.

15(c) The administration of this section may be funded through
16professional license fees, continuing education provider fees, and
17recognized approval agency fees. The fees shall not exceed the
18amounts necessary to cover the actual costs of administering this
19section.

20

SEC. 74.  

The heading of Article 7 (commencing with Section
212680) of Chapter 5.7 of Division 2 of the Business and Professions
22Code
is amended and renumbered to read:

23 

24Article 9.  Fiscal Administration
25

 

26

SEC. 75.  

Section 2682 of the Business and Professions Code
27 is amended to read:

28

2682.  

There is in the State Treasury the Physical Therapy Fund.
29All collections from persons licensed or seeking to be licensed
30shall be paid by the board into the fund after reporting to the
31Controller at the beginning of each month the amount and source
32of the collections. All money in the Physical Therapy Fund is
33appropriated for the exclusive purpose of executing this chapter.

34

SEC. 76.  

Section 2683 of the Business and Professions Code
35 is repealed.

36

SEC. 77.  

Section 2684 of the Business and Professions Code
37 is repealed.

38

SEC. 78.  

Section 2685 of the Business and Professions Code
39 is repealed.

P39   1

SEC. 79.  

The heading of Article 8 (commencing with Section
22690) of Chapter 5.7 of Division 2 of the Business and Professions
3Code
is amended and renumbered to read:

4 

5Article 10.  Physical Therapy Corporations
6

 

7

SEC. 80.  

Section 12529 of the Government Code, as amended
8by Section 113 of Chapter 332 of the Statutes of 2012, is amended
9to read:

10

12529.  

(a) There is in the Department of Justice the Health
11Quality Enforcement Section. The primary responsibility of the
12section is to prosecute proceedings against licensees and applicants
13within the jurisdiction of the Medical Board of California, the
14California Board of Podiatric Medicine, the Board of Psychology,
15the Physical Therapy Board of California, or any committee under
16the jurisdiction of the Medical Board of California, and to provide
17ongoing review of the investigative activities conducted in support
18of those prosecutions, as provided in subdivision (b) of Section
1912529.5.

20(b) The Attorney General shall appoint a Senior Assistant
21Attorney General of the Health Quality Enforcement Section. The
22Senior Assistant Attorney General of the Health Quality
23Enforcement Section shall be an attorney in good standing licensed
24to practice in the State of California, experienced in prosecutorial
25or administrative disciplinary proceedings and competent in the
26management and supervision of attorneys performing those
27functions.

28(c) The Attorney General shall ensure that the Health Quality
29Enforcement Section is staffed with a sufficient number of
30experienced and able employees that are capable of handling the
31most complex and varied types of disciplinary actions against the
32licensees of the boards.

33(d) Funding for the Health Quality Enforcement Section shall
34be budgeted in consultation with the Attorney General from the
35special funds financing the operations of the Medical Board of
36California, the California Board of Podiatric Medicine, the Board
37of Psychology, the Physical Therapy Board of California, and the
38committees under the jurisdiction of the Medical Board of
39California, with the intent that the expenses be proportionally
40shared as to services rendered.

P40   1(e) This section shall become operative on January 1, 2014.

2

SEC. 81.  

Section 12529.5 of the Government Code, as amended
3by Section 115 of Chapter 332 of the Statutes of 2012, is amended
4to read:

5

12529.5.  

(a) All complaints or relevant information concerning
6licensees that are within the jurisdiction of the Medical Board of
7California, the California Board of Podiatric Medicine, the Board
8of Psychology, or the Physical Therapy Board of California, shall
9be made available to the Health Quality Enforcement Section.

10(b) The Senior Assistant Attorney General of the Health Quality
11Enforcement Section shall assign attorneys to assist the boards in
12intake and investigations and to direct discipline-related
13prosecutions. Attorneys shall be assigned to work closely with
14each major intake and investigatory unit of the boards, to assist in
15the evaluation and screening of complaints from receipt through
16disposition, and to assist in developing uniform standards and
17procedures for the handling of complaints and investigations.

18A deputy attorney general of the Health Quality Enforcement
19Section shall frequently be available on location at each of the
20working offices at the major investigation centers of the boards,
21to provide consultation and related services and engage in case
22review with the boards’ investigative, medical advisory, and intake
23staff. The Senior Assistant Attorney General and his or her deputy
24attorneys general working at his or her direction shall consult as
25appropriate with the investigators of the boards, medical advisors,
26and executive staff in the investigation and prosecution of
27disciplinary cases.

28(c) The Senior Assistant Attorney General or his or her deputy
29attorneys general shall assist the boards in designing and providing
30initial and in-service training programs for staff of the boards,
31including, but not limited to, information collection and
32investigation.

33(d) The determination to bring a disciplinary proceeding against
34a licensee of the boards shall be made by the executive officer of
35the boards as appropriate in consultation with the senior assistant.

36(e) This section shall become operative on January 1, 2014.

37begin insert

begin insertSEC. 82.end insert  

end insert
begin insert

Section 54.5 of this bill incorporates amendments to
38Section 2660 of the Business and Professions Code proposed by
39both this bill and Assembly Bill 1000. It shall only become
40operative if (1) both bills are enacted and become effective on or
P41   1before January 1, 2014, (2) each bill amends Section 2660 of the
2Business and Professions Code, and (3) this bill is enacted after
3Assembly Bill 1000, in which case Section 54 of this bill shall not
4become operative.

end insert
5

begin deleteSEC. 82.end delete
6begin insertSEC. 83.end insert  

No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution because
8the only costs that may be incurred by a local agency or school
9district will be incurred because this act creates a new crime or
10infraction, eliminates a crime or infraction, or changes the penalty
11for a crime or infraction, within the meaning of Section 17556 of
12the Government Code, or changes the definition of a crime within
13the meaning of Section 6 of Article XIII B of the California
14Constitution.



O

    94