Senate Bill No. 304

Introduced by Senator Price

February 15, 2013

An act to amend Sections 2001, 2020, 2569, 3010.5, and 3014.6 of the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

SB 304, as introduced, Price. Healing arts: boards.

Existing law provides for the licensure and regulation of various healing arts licensees by various boards, as defined, within the Department of Consumer Affairs, including the Medical Board of California. Existing law requires the Governor to appoint members to the board, as provided. Existing law authorizes the board to employ an executive director. Existing law provides that those provisions will be repealed on January 1, 2014. Under existing law, the board is subject to evaluation by the Joint Sunset Review Committee.

This bill would instead repeal those provisions on January 1, 2018, and subject the board to review by the appropriate policy committees of the Legislature.

Existing law provides for the regulation of registered dispensing opticians by the Medical Board of California and requires that the powers and duties of the board in that regard be subject to review by the Joint Sunset Review Committee as if those provisions were scheduled to be repealed on January 1, 2014.

This bill would instead make the powers and duties of the board subject to review by the appropriate policy committees of the Legislature as if those provisions were scheduled to be repealed on January 1, 2018.

Existing law provides for the licensure and regulation of optometrists by the State Board of Optometry. Existing law requires that the board consist of specified members and authorizes the board to appoint an executive officer. Existing law repeals those provisions on January 1, 2014 and subjects the board to review by the Joint Sunset Review Committee.

This bill would instead repeal those provisions on January 1, 2018, and require that the board be subject to review by the appropriate policy committees of the Legislature.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 2001 of the Business and Professions
Code is amended to read:

2001.  

(a) There is in the Department of Consumer Affairs a
Medical Board of California that consists of 15 members, seven
of whom shall be public members.

(b) The Governor shall appoint 13 members to the board, subject
to confirmation by the Senate, five of whom shall be public
members. The Senate Committee on Rules and the Speaker of the
Assembly shall each appoint a public member.

begin delete

(c) Notwithstanding any other provision of law, to reduce the
membership of the board to 15, the following shall occur:

end delete begin delete

(1) Two positions on the board that are public members having
a term that expires on June 1, 2010, shall terminate instead on
January 1, 2008.

end delete begin delete

(2) Two positions on the board that are not public members
having a term that expires on June 1, 2008, shall terminate instead
on August 1, 2008.

end delete begin delete

(3) Two positions on the board that are not public members
having a term that expires on June 1, 2011, shall terminate instead
on January 1, 2008.

end delete begin delete

(d)

end delete

begin insert (c) end insert  This section shall remain in effect only until January 1, begin delete 2014, end delete
begin insert 2018, end insert and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, begin delete 2014, end delete begin insert 2018, end insert deletes or extends
that date. begin delete The end delete begin insert Notwithstanding any other law, the end insert repeal of this
section renders the board subject to begin delete the review required by Division
1.2 (commencing with Section 473). end delete begin insert review by the appropriate
policy committees of the Legislature. end insert

SEC. 2.  

Section 2020 of the Business and Professions Code is
amended to read:

2020.  

(a) The board may employ an executive director exempt
from the provisions of the Civil Service Act and may also employ
investigators, legal counsel, medical consultants, and other
assistance as it may deem necessary to carry this chapter into effect.
The board may fix the compensation to be paid for services subject
to the provisions of applicable state laws and regulations and may
incur other expenses as it may deem necessary. Investigators
employed by the board shall be provided special training in
investigating medical practice activities.

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

(c) This section shall remain in effect only until January 1, begin delete 2014, end delete
begin insert 2018, end insert and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, begin delete 2014, end delete begin insert 2018, end insert deletes or extends
that date.

SEC. 3.  

Section 2569 of the Business and Professions Code is
amended to read:

2569.  

begin delete The end delete begin insert Notwithstanding any other law, the end insert powers and
duties of the board, as set forth in this chapter, shall be subject to
begin delete the review required by Division 1.2 (commencing with Section
473). end delete begin insert review by the appropriate policy committees of the
Legislature. end insert The review shall be performed as if this chapter were
scheduled to be repealed as of January 1, begin delete 2014, as described in
Section 473.1. end delete begin insert 2018. end insert

SEC. 4.  

Section 3010.5 of the Business and Professions Code
is amended to read:

3010.5.  

(a) There is in the Department of Consumer Affairs
a State Board of Optometry in which the enforcement of this
chapter is vested. The board consists of 11 members, five of whom
shall be public members.

Six members of the board shall constitute a quorum.

(b) The board shall, with respect to conducting investigations,
inquiries, and disciplinary actions and proceedings, have the
authority previously vested in the board as created pursuant to
Section 3010. The board may enforce any disciplinary actions
undertaken by that board.

(c) This section shall remain in effect only until January 1, begin delete 2014, end delete
begin insert 2018, end insert and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, begin delete 2014, end delete begin insert 2018, end insert deletes or extends
that date. begin delete The end delete begin insert Notwithstanding any other law, the end insert repeal of this
section renders the board subject to begin delete the review required by Division
1.2 (commencing with Section 473). end delete begin insert review by the appropriate
policy committees of the Legislature. end insert

SEC. 5.  

Section 3014.6 of the Business and Professions Code
is amended to read:

3014.6.  

(a) The board may appoint a person exempt from civil
service who shall be designated as an executive officer and who
shall exercise the powers and perform the duties delegated by the
board and vested in him or her by this chapter.

(b)  begin insert   end insert This section shall remain in effect only until January 1,
begin delete 2014, end delete begin insert 2018, end insert and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, begin delete 2014, end delete begin insert 2018, end insert deletes or
extends that date.