Amended in Senate April 16, 2013

Senate BillNo. 304


Introduced by Senator Price

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(Principal coauthor: Assembly Member Gordon)

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February 15, 2013


An act to amend Sectionsbegin delete 2001, 2020, 2569, 3010.5, and 3014.6 ofend deletebegin insert 651, 2021, 2177, 2220.08, 2225.5, 2334, 2514, and 2569 of, and to add Sections 2291.5 and 2403 to, end insertthe Business and Professions Code,begin insert and to amend Sections 11529, 12529.6, and 12529.7 of, and to amend and repeal Sections 12529 and 12529.5 of, the Government Code,end insert relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

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

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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 Existing law provides that those provisions will be repealed on January 1, 2014.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.

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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.

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Existing law makes it unlawful for a healing arts practitioner to disseminate, or cause to be disseminated, any form of public communication containing a false, fraudulent, misleading, or deceptive statement, claim, or image for the purpose of, or likely to induce, the rendering of professional services or furnishing of products in connection with the professional practice or business for which he or she is licensed. Existing law provides for the licensure of physicians and surgeons by the Medical Board of California. Existing law prohibits a physician and surgeon’s advertisements from including a statement that he or she is certified or eligible for certification by a private or public board or parent association, including a multidisciplinary board or association, as defined, unless that board or association meets at least one of several standards, including being a board or association with equivalent requirements approved by that physician and surgeon’s licensing board. A violation of these requirements is a crime.

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This bill would limit the application of that exception to a board or association with equivalent requirements approved by that physician and surgeon’s licensing board prior to January 1, 2014. The bill would establish that the exception continues to apply to a multidisciplinary board or association approved by the Medical Board of California prior to January 1, 2014.

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Because the bill would specify additional provisions regarding the advertising practices of healing art practitioners, the violation of which would be a crime, it would impose a state-mandated local program.

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Existing law authorizes the Medical Board of California, if it publishes a directory, as specified, to require persons licensed, as specified, to furnish specified information to the board for purposes of compiling the directory.

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This bill would require that an applicant and licensee who has an electronic mail address report to the board that electronic mail address no later than July 1, 2014. The bill would provide that the electronic mail address is to be considered confidential, as specified.

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Existing law requires an applicant for a physician and surgeon’s certificate to obtain a passing score on step 3 of the United States Medical Licensing Examination with not more than 4 attempts, subject to an exception.

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This bill would require an applicant to have obtained a passing score on all parts of that examination with not more than 4 attempts, subject to the exception.

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Existing law requires that a complaint, with exceptions, received by the board determined to involve quality of care, before referral to a field office for further investigation, meet certain criteria.

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This bill would expand the types of reports that are exempted from that requirement.

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Existing law provides for a civil penalty of up to $1,000 per day, as specified, to be imposed on a health care facility that fails to comply with a patient’s medical record request, as specified, within 30 days.

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This bill would shorten the time limit for compliance to 15 days for those health care facilities that have electronic health records.

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Under existing law, if a healing arts practioner may be unable to practice his or her profession safely due to mental or physical illness, the licensing agency may order the licentiate to be examined by specified professionals.

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This bill would require that a physician and surgeon’s failure to comply with an order related to these examination requirements shall result in the issuance of notification from the board to cease the practice of medicine immediately until the ordered examinations have been completed and would provide that continued failure to comply would be grounds for suspension or revocation of his or her certificate.

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Existing law prohibits a party from bringing expert testimony in a matter brought by the board unless certain information is exchanged in written form with counsel for the other party, as specified, within 30 calendar days prior to the commencement of the hearing. Existing law provides that the information exchanged include a brief narrative statement of the testimony the expert is expected to bring.

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This bill would instead require that information to be exchanged within 90 days from the filing of a notice of defense and would instead require the information to include a complete expert witness report.

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Existing law establishes that corporations and other artificial legal entities have no professional rights, privileges, or powers.

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This bill would provide that those provisions do not apply to physicians and surgeons enrolled in approved residency postgraduate training programs or fellowship programs.

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Existing law, the Licensed Midwifery Practice Act of 1993, licenses and regulates licensed midwives by the Medical Board of California. Existing law specifies that a midwife student meeting certain conditions is not precluded from engaging in the practice of midwifery as part of his or her course of study, if certain conditions are met, including, that the student is under the supervision of a licensed midwife.

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This bill would require that to engage in those practices, the student is to be enrolled and participating in a midwifery education program or enrolled in a program of supervised clinical training, as provided. The bill would add that the student is permitted to engage in those practices if he or she is under the supervision of a licensed nurse-midwife.

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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.

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Existing law authorizes the administrative law judge of the Medical Quality Hearing Panel to issue an interim order related to licenses, as provided. Existing law requires that in all of those cases in which an interim order is issued, and an accusation is not filed and served within 15 days of the date in which the parties to the hearing have submitted the matter, the order be dissolved.

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This bill would extend the time in which the accusation must be filed and served to 30 days from the date on which the parties to the hearing submitted the matter.

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Existing law establishes the Health Quality Enforcement Section within the Department of Justice to carry out certain duties. Existing law provides for the funding for the section, and for the appointment of a Senior Assistant Attorney General to the section to carry out specified duties. Existing law requires that all complaints or relevant information concerning licensees that are within the jurisdiction of the Medical Board of California, the California Board of Podiatric Medicine, or the Board of Psychology be made available to the Health Quality Enforcement Section. Existing law establishes the procedures for processing the complaints, assisting the boards or committees in establishing training programs for their staff, and for determining whether to bring a disciplinary proceeding against a licensee of the boards. Existing law provides for the repeal of those provisions, as provided, on January 1, 2014.

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This bill would extend the operation of those provisions indefinitely.

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Existing law establishes a vertical enforcement and prosecution model for cases before the Medical Board of California. Existing law requires that a complaint referred to a district office of the board for investigation also be simultaneously and jointly assigned to an investigator and to the deputy attorney general in the Health and Quality Enforcement Section, as provided. Existing law provides for the repeal of those provisions, as provided, on January 1, 2014. Existing law requires the board to report to the Governor and Legislature on the vertical prosecution model by March 1, 2012.

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This bill would extend the operation of those provisions indefinitely and would extend the date that report is due to March 1, 2015.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

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P5    1

SECTION 1.  

Section 2001 of the Business and Professions
2Code
is amended to read:

3

2001.  

(a) There is in the Department of Consumer Affairs a
4Medical Board of California that consists of 15 members, seven
5of whom shall be public members.

6(b) The Governor shall appoint 13 members to the board, subject
7to confirmation by the Senate, five of whom shall be public
8members. The Senate Committee on Rules and the Speaker of the
9Assembly shall each appoint a public member.

10(c) This section shall remain in effect only until January 1, 2018,
11and as of that date is repealed, unless a later enacted statute, that
12is enacted before January 1, 2018, deletes or extends that date.
13Notwithstanding any other law, the repeal of this section renders
14the board subject to review by the appropriate policy committees
15of the Legislature.

P6    1

SEC. 2.  

Section 2020 of the Business and Professions Code is
2amended to read:

3

2020.  

(a) The board may employ an executive director exempt
4from the provisions of the Civil Service Act and may also employ
5investigators, legal counsel, medical consultants, and other
6assistance as it may deem necessary to carry this chapter into effect.
7The board may fix the compensation to be paid for services subject
8to the provisions of applicable state laws and regulations and may
9incur other expenses as it may deem necessary. Investigators
10employed by the board shall be provided special training in
11investigating medical practice activities.

12(b) The Attorney General shall act as legal counsel for the board
13for any judicial and administrative proceedings and his or her
14services shall be a charge against it.

15(c) This section shall remain in effect only until January 1, 2018,
16and as of that date is repealed, unless a later enacted statute, that
17is enacted before January 1, 2018, deletes or extends that date.

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18begin insert

begin insertSECTION 1.end insert  

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begin insertSection 651 of the end insertbegin insertBusiness and Professions Codeend insert
19begin insert is amended to read:end insert

20

651.  

(a) It is unlawful for any person licensed under this
21division or under any initiative act referred to in this division to
22disseminate or cause to be disseminated any form of public
23communication containing a false, fraudulent, misleading, or
24deceptive statement, claim, or image for the purpose of or likely
25to induce, directly or indirectly, the rendering of professional
26services or furnishing of products in connection with the
27professional practice or business for which he or she is licensed.
28A “public communication” as used in this section includes, but is
29not limited to, communication by means of mail, television, radio,
30motion picture, newspaper, book, list or directory of healing arts
31practitioners, Internet, or other electronic communication.

32(b) A false, fraudulent, misleading, or deceptive statement,
33claim, or image includes a statement or claim that does any of the
34following:

35(1) Contains a misrepresentation of fact.

36(2) Is likely to mislead or deceive because of a failure to disclose
37material facts.

38(3) (A) Is intended or is likely to create false or unjustified
39expectations of favorable results, including the use of any
40photograph or other image that does not accurately depict the
P7    1results of the procedure being advertised or that has been altered
2in any manner from the image of the actual subject depicted in the
3photograph or image.

4(B) Use of any photograph or other image of a model without
5clearly stating in a prominent location in easily readable type the
6fact that the photograph or image is of a model is a violation of
7subdivision (a). For purposes of this paragraph, a model is anyone
8other than an actual patient, who has undergone the procedure
9being advertised, of the licensee who is advertising for his or her
10services.

11(C) Use of any photograph or other image of an actual patient
12that depicts or purports to depict the results of any procedure, or
13presents “before” and “after” views of a patient, without specifying
14in a prominent location in easily readable type size what procedures
15were performed on that patient is a violation of subdivision (a).
16Any “before” and “after” views (i) shall be comparable in
17presentation so that the results are not distorted by favorable poses,
18lighting, or other features of presentation, and (ii) shall contain a
19statement that the same “before” and “after” results may not occur
20for all patients.

21(4) Relates to fees, other than a standard consultation fee or a
22range of fees for specific types of services, without fully and
23specifically disclosing all variables and other material factors.

24(5) Contains other representations or implications that in
25reasonable probability will cause an ordinarily prudent person to
26misunderstand or be deceived.

27(6) Makes a claim either of professional superiority or of
28performing services in a superior manner, unless that claim is
29relevant to the service being performed and can be substantiated
30with objective scientific evidence.

31(7) Makes a scientific claim that cannot be substantiated by
32reliable, peer reviewed, published scientific studies.

33(8) Includes any statement, endorsement, or testimonial that is
34likely to mislead or deceive because of a failure to disclose material
35facts.

36(c) Any price advertisement shall be exact, without the use of
37phrases, including, but not limited to, “as low as,” “and up,”
38“lowest prices,” or words or phrases of similar import. Any
39advertisement that refers to services, or costs for services, and that
40uses words of comparison shall be based on verifiable data
P8    1substantiating the comparison. Any person so advertising shall be
2prepared to provide information sufficient to establish the accuracy
3of that comparison. Price advertising shall not be fraudulent,
4deceitful, or misleading, including statements or advertisements
5of bait, discount, premiums, gifts, or any statements of a similar
6nature. In connection with price advertising, the price for each
7product or service shall be clearly identifiable. The price advertised
8for products shall include charges for any related professional
9services, including dispensing and fitting services, unless the
10advertisement specifically and clearly indicates otherwise.

11(d) Any person so licensed shall not compensate or give anything
12of value to a representative of the press, radio, television, or other
13communication medium in anticipation of, or in return for,
14professional publicity unless the fact of compensation is made
15known in that publicity.

16(e) Any person so licensed may not use any professional card,
17professional announcement card, office sign, letterhead, telephone
18directory listing, medical list, medical directory listing, or a similar
19professional notice or device if it includes a statement or claim
20that is false, fraudulent, misleading, or deceptive within the
21meaning of subdivision (b).

22(f) Any person so licensed who violates this section is guilty of
23a misdemeanor. A bona fide mistake of fact shall be a defense to
24this subdivision, but only to this subdivision.

25(g) Any violation of this section by a person so licensed shall
26constitute good cause for revocation or suspension of his or her
27license or other disciplinary action.

28(h) Advertising by any person so licensed may include the
29following:

30(1) A statement of the name of the practitioner.

31(2) A statement of addresses and telephone numbers of the
32offices maintained by the practitioner.

33(3) A statement of office hours regularly maintained by the
34practitioner.

35(4) A statement of languages, other than English, fluently spoken
36by the practitioner or a person in the practitioner’s office.

37(5) (A) A statement that the practitioner is certified by a private
38or public board or agency or a statement that the practitioner limits
39his or her practice to specific fields.

P9    1(B) A statement of certification by a practitioner licensed under
2Chapter 7 (commencing with Section 3000) shall only include a
3statement that he or she is certified or eligible for certification by
4a private or public board or parent association recognized by that
5practitioner’s licensing board.

6(C) A physician and surgeon licensed under Chapter 5
7(commencing with Section 2000) by the Medical Board of
8California may include a statement that he or she limits his or her
9practice to specific fields, but shall not include a statement that he
10or she is certified or eligible for certification by a private or public
11board or parent association,begin delete including, but not limited to, a
12multidisciplinary board or association,end delete
unless that board or
13association is (i) an American Board of Medical Specialties
14member board, (ii) a board or association with equivalent
15requirements approved by that physician and surgeon’s licensing
16begin delete board,end deletebegin insert board prior to January 1, 2014,end insert or (iii) a board or
17association with an Accreditation Council for Graduate Medical
18Education approved postgraduate training program that provides
19complete training in that specialty or subspecialty. A physician
20and surgeon licensed under Chapter 5 (commencing with Section
212000) by the Medical Board of California who is certified by an
22organization other than a board or association referred to in clause
23(i), (ii), or (iii) shall not use the term “board certified” in reference
24to that certification, unless the physician and surgeon is also
25licensed under Chapter 4 (commencing with Section 1600) and
26the use of the term “board certified” in reference to that certification
27is in accordance with subparagraph (A). A physician and surgeon
28licensed under Chapter 5 (commencing with Section 2000) by the
29Medical Board of California who is certified by a board or
30association referred to in clause (i), (ii), or (iii) shall not use the
31term “board certified” unless the full name of the certifying board
32is also used and given comparable prominence with the term “board
33certified” in the statement.

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34For purposes of this subparagraph, a “multidisciplinary board
35or association” means an educational certifying body that has a
36psychometrically valid testing process, as determined by the
37Medical Board of California, for certifying medical doctors and
38other health care professionals that is based on the applicant’s
39education, training, and experience.

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P10   1A multidisciplinary board or association approved by the
2Medical Board of California prior to January 1, 2014, shall retain
3that approval.

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4For purposes of the term “board certified,” as used in this
5subparagraph, the terms “board” and “association” mean an
6organization that is an American Board of Medical Specialties
7member board, an organization with equivalent requirements
8approved by a physician and surgeon’s licensingbegin delete board,end deletebegin insert board
9prior to January 1, 2014,end insert
or an organization with an Accreditation
10Council for Graduate Medical Education approved postgraduate
11training program that provides complete training in a specialty or
12subspecialty.

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13The Medical Board of California shall adopt regulations to
14establish and collect a reasonable fee from each board or
15association applying for recognition pursuant to this subparagraph.
16The fee shall not exceed the cost of administering this
17subparagraph. Notwithstanding Section 2 of Chapter 1660 of the
18Statutes of 1990, this subparagraph shall become operative July
191, 1993. However, an administrative agency or accrediting
20organization may take any action contemplated by this
21subparagraph relating to the establishment or approval of specialist
22requirements on and after January 1, 1991.

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23(D) A doctor of podiatric medicine licensed under Chapter 5
24(commencing with Section 2000) by the Medical Board of
25California may include a statement that he or she is certified or
26eligible or qualified for certification by a private or public board
27or parent association, including, but not limited to, a
28multidisciplinary board or association, if that board or association
29meets one of the following requirements: (i) is approved by the
30Council on Podiatric Medical Education, (ii) is a board or
31association with equivalent requirements approved by the
32California Board of Podiatric Medicine, or (iii) is a board or
33association with the Council on Podiatric Medical Education
34approved postgraduate training programs that provide training in
35podiatric medicine and podiatric surgery. A doctor of podiatric
36medicine licensed under Chapter 5 (commencing with Section
372000) by the Medical Board of California who is certified by a
38board or association referred to in clause (i), (ii), or (iii) shall not
39use the term “board certified” unless the full name of the certifying
40board is also used and given comparable prominence with the term
P11   1“board certified” in the statement. A doctor of podiatric medicine
2licensed under Chapter 5 (commencing with Section 2000) by the
3Medical Board of California who is certified by an organization
4other than a board or association referred to in clause (i), (ii), or
5(iii) shall not use the term “board certified” in reference to that
6certification.

7For purposes of this subparagraph, a “multidisciplinary board
8or association” means an educational certifying body that has a
9psychometrically valid testing process, as determined by the
10California Board of Podiatric Medicine, for certifying doctors of
11podiatric medicine that is based on the applicant’s education,
12training, and experience. For purposes of the term “board certified,”
13as used in this subparagraph, the terms “board” and “association”
14mean an organization that is a Council on Podiatric Medical
15Education approved board, an organization with equivalent
16requirements approved by the California Board of Podiatric
17Medicine, or an organization with a Council on Podiatric Medical
18Education approved postgraduate training program that provides
19training in podiatric medicine and podiatric surgery.

20The California Board of Podiatric Medicine shall adopt
21regulations to establish and collect a reasonable fee from each
22board or association applying for recognition pursuant to this
23subparagraph, to be deposited in the State Treasury in the Podiatry
24Fund, pursuant to Section 2499. The fee shall not exceed the cost
25of administering this subparagraph.

26(6) A statement that the practitioner provides services under a
27specified private or public insurance plan or health care plan.

28(7) A statement of names of schools and postgraduate clinical
29training programs from which the practitioner has graduated,
30together with the degrees received.

31(8) A statement of publications authored by the practitioner.

32(9) A statement of teaching positions currently or formerly held
33by the practitioner, together with pertinent dates.

34(10) A statement of his or her affiliations with hospitals or
35clinics.

36(11) A statement of the charges or fees for services or
37commodities offered by the practitioner.

38(12) A statement that the practitioner regularly accepts
39installment payments of fees.

P12   1(13) Otherwise lawful images of a practitioner, his or her
2 physical facilities, or of a commodity to be advertised.

3(14) A statement of the manufacturer, designer, style, make,
4trade name, brand name, color, size, or type of commodities
5advertised.

6(15) An advertisement of a registered dispensing optician may
7include statements in addition to those specified in paragraphs (1)
8to (14), inclusive, provided that any statement shall not violate
9subdivision (a), (b), (c), or (e) or any other section of this code.

10(16) A statement, or statements, providing public health
11information encouraging preventative or corrective care.

12(17) Any other item of factual information that is not false,
13fraudulent, misleading, or likely to deceive.

14(i) Each of the healing arts boards and examining committees
15within Division 2 shall adopt appropriate regulations to enforce
16this section in accordance with Chapter 3.5 (commencing with
17Section 11340) of Part 1 of Division 3 of Title 2 of the Government
18Code.

19Each of the healing arts boards and committees and examining
20committees within Division 2 shall, by regulation, define those
21efficacious services to be advertised by businesses or professions
22under their jurisdiction for the purpose of determining whether
23advertisements are false or misleading. Until a definition for that
24service has been issued, no advertisement for that service shall be
25disseminated. However, if a definition of a service has not been
26issued by a board or committee within 120 days of receipt of a
27request from a licensee, all those holding the license may advertise
28the service. Those boards and committees shall adopt or modify
29regulations defining what services may be advertised, the manner
30in which defined services may be advertised, and restricting
31advertising that would promote the inappropriate or excessive use
32of health services or commodities. A board or committee shall not,
33by regulation, unreasonably prevent truthful, nondeceptive price
34or otherwise lawful forms of advertising of services or
35commodities, by either outright prohibition or imposition of
36onerous disclosure requirements. However, any member of a board
37or committee acting in good faith in the adoption or enforcement
38of any regulation shall be deemed to be acting as an agent of the
39state.

P13   1(j) The Attorney General shall commence legal proceedings in
2the appropriate forum to enjoin advertisements disseminated or
3about to be disseminated in violation of this section and seek other
4appropriate relief to enforce this section. Notwithstanding any
5other provision of law, the costs of enforcing this section to the
6respective licensing boards or committees may be awarded against
7any licensee found to be in violation of any provision of this
8section. This shall not diminish the power of district attorneys,
9county counsels, or city attorneys pursuant to existing law to seek
10appropriate relief.

11(k) A physician and surgeon or doctor of podiatric medicine
12licensed pursuant to Chapter 5 (commencing with Section 2000)
13by the Medical Board of California who knowingly and
14intentionally violates this section may be cited and assessed an
15administrative fine not to exceed ten thousand dollars ($10,000)
16per event. Section 125.9 shall govern the issuance of this citation
17and fine except that the fine limitations prescribed in paragraph
18(3) of subdivision (b) of Section 125.9 shall not apply to a fine
19under this subdivision.

20begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 2021 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
21amended to read:end insert

22

2021.  

(a) If the board publishes a directory pursuant to Section
23112, it may require persons licensed pursuant to this chapter to
24furnish any information as it may deem necessary to enable it to
25compile the directory.

26(b) Each licensee shall report to the board each and every change
27of address within 30 days after each change, giving both the old
28and new address. If an address reported to the board at the time of
29application for licensure or subsequently is a post office box, the
30applicant shall also provide the board with a street address. If
31another address is the licensee’s address of record, he or she may
32request that the second address not be disclosed to the public.

33(c) Each licensee shall report to the board each and every change
34of name within 30 days after each change, giving both the old and
35new names.

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36(d) Each applicant and licensee who has an electronic mail
37address shall report to the board that electronic mail address no
38later than July 1, 2014. The electronic mail address shall be
39considered confidential and not subject to public disclosure.

end insert
begin delete

40(d)

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P14   1begin insert(e)end insert The board shall annually send an electronic notice to each
2applicant and licenseebegin delete who has chosen to receive correspondence
3via electronic mailend delete
that requests confirmation from the applicant
4or licensee that his or her electronic mail address is current.begin delete An
5applicant or licensee that does not confirm his or her electronic
6mail address shall receive correspondence at a mailing address
7provided pursuant to subdivision (b).end delete

8begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 2177 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
9amended to read:end insert

10

2177.  

(a) A passing score is required for an entire examination
11or for each part of an examination, as established by resolution of
12the board.

13(b) Applicants may elect to take the written examinations
14conducted or accepted by the board in separate parts.

15(c) (1) An applicant shall have obtained a passing score onbegin insert all
16parts ofend insert
Step 3 of the United States Medical Licensing Examination
17within not more than four attempts in order to be eligible for a
18physician’s and surgeon’s certificate.

19(2)  Notwithstanding paragraph (1), an applicant who obtains
20a passing score onbegin insert all parts ofend insert Step 3 of the United States Medical
21Licensing Examination in more than four attempts and who meets
22the requirements of Section 2135.5 shall be eligible to be
23considered for issuance of a physician’s and surgeon’s certificate.

24begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 2220.08 of the end insertbegin insertBusiness and Professions Codeend insert
25begin insert is amended to read:end insert

26

2220.08.  

(a) Except for reports received by the board pursuant
27to Sectionbegin insert 801.01 orend insert 805 that may be treated as complaints by the
28board and new complaints relating to a physician and surgeon who
29is the subject of a pending accusation or investigation or who is
30on probation, any complaint determined to involve quality of care,
31before referral to a field office for further investigation, shall meet
32the following criteria:

33(1) It shall be reviewed by one or more medical experts with
34the pertinent education, training, and expertise to evaluate the
35specific standard of care issues raised by the complaint to determine
36if further field investigation is required.

37(2) It shall include the review of the following, which shall be
38requested by the board:

39(A) Relevant patient records.

P15   1(B) The statement or explanation of the care and treatment
2provided by the physician and surgeon.

3(C) Any additional expert testimony or literature provided by
4the physician and surgeon.

5(D) Any additional facts or information requested by the medical
6expert reviewers that may assist them in determining whether the
7care rendered constitutes a departure from the standard of care.

8(b) If the board does not receive the information requested
9pursuant to paragraph (2) of subdivision (a) within 10 working
10days of requesting that information, the complaint may be reviewed
11by the medical experts and referred to a field office for
12investigation without the information.

13(c) Nothing in this section shall impede the board’s ability to
14seek and obtain an interim suspension order or other emergency
15relief.

16begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 2225.5 of the end insertbegin insertBusiness and Professions Codeend insert
17begin insert is amended to read:end insert

18

2225.5.  

(a) (1) A licensee who fails or refuses to comply with
19a request for the certified medical records of a patient, that is
20accompanied by that patient’s written authorization for release of
21records to the board, within 15 days of receiving the request and
22authorization, shall pay to the board a civil penalty of one thousand
23dollars ($1,000) per day for each day that the documents have not
24been produced after the 15th day, up to ten thousand dollars
25($10,000), unless the licensee is unable to provide the documents
26within this time period for good cause.

27(2) A health care facility shall comply with a request for the
28certified medical records of a patient that is accompanied by that
29patient’s written authorization for release of records to the board
30together with a notice citing this section and describing the
31penalties for failure to comply with this section. Failure to provide
32the authorizing patient’s certified medical records to the board
33within 30 days of receiving the request, authorization, and notice
34shall subject the health care facility to a civil penalty, payable to
35the board, of up to one thousand dollars ($1,000) per day for each
36day that the documents have not been produced after the 30th day,
37up to ten thousand dollars ($10,000), unless the health care facility
38is unable to provide the documents within this time period for good
39cause.begin insert For health care facilities that have electronic health records,
40failure to provide the authorizing patient’s certified medical
P16   1records to the board within 15 days of receiving the request,
2authorization, and notice shall subject the health care facility to
3a civil penalty, payable to the board, of up to one thousand dollars
4($1,000) per day for each day that the documents have not been
5produced after the 15th day, up to ten thousand dollars ($10,000),
6unless the health care facility is unable to provide the documents
7within this time period for good cause.end insert
This paragraph shall not
8require health care facilities to assist the board in obtaining the
9patient’s authorization. The board shall pay the reasonable costs
10of copying the certified medical records.

11(b) (1) A licensee who fails or refuses to comply with a court
12order, issued in the enforcement of a subpoena, mandating the
13release of records to the board shall pay to the board a civil penalty
14of one thousand dollars ($1,000) per day for each day that the
15documents have not been produced after the date by which the
16court order requires the documents to be produced, up to ten
17thousand dollars ($10,000), unless it is determined that the order
18is unlawful or invalid. Any statute of limitations applicable to the
19filing of an accusation by the board shall be tolled during the period
20the licensee is out of compliance with the court order and during
21any related appeals.

22(2) Any licensee who fails or refuses to comply with a court
23order, issued in the enforcement of a subpoena, mandating the
24release of records to the board is guilty of a misdemeanor
25punishable by a fine payable to the board not to exceed five
26thousand dollars ($5,000). The fine shall be added to the licensee’s
27renewal fee if it is not paid by the next succeeding renewal date.
28Any statute of limitations applicable to the filing of an accusation
29by the board shall be tolled during the period the licensee is out
30of compliance with the court order and during any related appeals.

31(3) A health care facility that fails or refuses to comply with a
32court order, issued in the enforcement of a subpoena, mandating
33the release of patient records to the board, that is accompanied by
34a notice citing this section and describing the penalties for failure
35to comply with this section, shall pay to the board a civil penalty
36of up to one thousand dollars ($1,000) per day for each day that
37the documents have not been produced, up to ten thousand dollars
38($10,000), after the date by which the court order requires the
39documents to be produced, unless it is determined that the order
40is unlawful or invalid. Any statute of limitations applicable to the
P17   1filing of an accusation by the board against a licensee shall be
2tolled during the period the health care facility is out of compliance
3with the court order and during any related appeals.

4(4) Any health care facility that fails or refuses to comply with
5a court order, issued in the enforcement of a subpoena, mandating
6the release of records to the board is guilty of a misdemeanor
7 punishable by a fine payable to the board not to exceed five
8thousand dollars ($5,000). Any statute of limitations applicable to
9the filing of an accusation by the board against a licensee shall be
10tolled during the period the health care facility is out of compliance
11with the court order and during any related appeals.

12(c) Multiple acts by a licensee in violation of subdivision (b)
13shall be punishable by a fine not to exceed five thousand dollars
14($5,000) or by imprisonment in a county jail not exceeding six
15months, or by both that fine and imprisonment. Multiple acts by
16a health care facility in violation of subdivision (b) shall be
17punishable by a fine not to exceed five thousand dollars ($5,000)
18and shall be reported to the State Department of Public Health and
19shall be considered as grounds for disciplinary action with respect
20to licensure, including suspension or revocation of the license or
21certificate.

22(d) A failure or refusal of a licensee to comply with a court
23order, issued in the enforcement of a subpoena, mandating the
24release of records to the board constitutes unprofessional conduct
25and is grounds for suspension or revocation of his or her license.

26(e) Imposition of the civil penalties authorized by this section
27shall be in accordance with the Administrative Procedure Act
28(Chapter 5 (commencing with Section 11500) of Division 3 of
29Title 2 of the Government Code).

30(f) For purposes of this section, “certified medical records”
31means a copy of the patient’s medical records authenticated by the
32licensee or health care facility, as appropriate, on a form prescribed
33by the board.

34(g) For purposes of this section, a “health care facility” means
35a clinic or health facility licensed or exempt from licensure
36pursuant to Division 2 (commencing with Section 1200) of the
37Health and Safety Code.

38begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 2291.5 is added to the end insertbegin insertBusiness and Professions
39Code
end insert
begin insert, to read:end insert

begin insert
P18   1

begin insert2291.5.end insert  

A physician and surgeon’s failure to comply with an
2order issued under Section 820 shall result in the issuance of
3notification from the board to cease the practice of medicine
4immediately upon the receipt of that notification. The physician
5and surgeon shall cease the practice of medicine until the ordered
6examinations have been completed. A physician and surgeon’s
7continued failure to comply with an order issued under Section
8820 shall constitute grounds for suspension or revocation of his
9or her certificate.

end insert
10begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 2334 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
11amended to read:end insert

12

2334.  

(a) Notwithstanding any other provision of law, with
13respect to the use of expert testimony in matters brought by the
14Medical Board of California, no expert testimony shall be permitted
15by any party unless the following information is exchanged in
16written form with counsel for the otherbegin delete party, as ordered by the
17Office of Administrative Hearings:end delete
begin insert party within 90 days from the
18filing of a notice of defense:end insert

19(1) A curriculum vitae setting forth the qualifications of the
20expert.

21(2) begin deleteA brief narrative statement of the general substance of the
22testimony that the expert is expected to give, including any opinion
23testimony and its basis.end delete
begin insert A complete expert witness report.end insert

24(3) A representation that the expert has agreed to testify at the
25hearing.

26(4) A statement of the expert’s hourly and daily fee for providing
27testimony and for consulting with the party who retained his or
28her services.

begin delete

29(b) The exchange of the information described in subdivision
30(a) shall be completed at least 30 calendar days prior to the
31commencement date of the hearing.

end delete
begin delete

32(c)

end delete

33begin insert(b)end insert The Office of Administrative Hearings may adopt regulations
34governing the required exchange of the information described in
35this section.

36begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 2403 is added to the end insertbegin insertBusiness and Professions
37Code
end insert
begin insert, to read:end insert

begin insert
38

begin insert2403.end insert  

The provisions of Section 2400 do not apply to physicians
39and surgeons enrolled in approved residency postgraduate training
40programs or fellowship programs.

end insert
P19   1begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 2514 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
2amended to read:end insert

3

2514.  

begin insert(a)end insertbegin insertend insert Nothing in this chapter shall be construed to prevent
4a bona fide studentbegin delete who is enrolled or participating in a midwifery
5education program or who is enrolled in a program of supervised
6clinical trainingend delete
from engaging in the practice of midwifery in this
7state, as part of his or her course of study, if both of the following
8conditions are met:

begin delete

9(a)

end delete

10begin insert(1)end insert The student is under the supervision of a licensedbegin delete midwife,end delete
11begin insert midwife or certified nurse-midwife,end insert who holds a clear and
12unrestricted license in this state, who is present on the premises at
13all times client services are provided, and who is practicing
14pursuant to Section 2507begin insert or 2746.5end insert, or a physician and surgeon.

begin delete

15(b)

end delete

16begin insert(2)end insert The client is informed of the student’s status.

begin insert

17(b) For the purposes of this section, a “bona fide student” means
18an individual who is enrolled and participating in a midwifery
19education program or who is enrolled in a program of supervised
20clinical training as part of the instruction of a three year
21postsecondary midwifery education program approved by the
22board.

end insert
23

begin deleteSEC. 3.end delete
24begin insertSEC. 10.end insert  

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

26

2569.  

Notwithstanding any other law, the powers and duties
27of the board, as set forth in this chapter, shall be subject to review
28by the appropriate policy committees of the Legislature. The review
29shall be performed as if this chapter were scheduled to be repealed
30as of January 1, 2018.

31begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 11529 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
32to read:end insert

33

11529.  

(a) The administrative law judge of the Medical Quality
34Hearing Panel established pursuant to Section 11371 may issue
35an interim order suspending a license, or imposing drug testing,
36continuing education, supervision of procedures, or other license
37restrictions. Interim orders may be issued only if the affidavits in
38support of the petition show that the licensee has engaged in, or
39is about to engage in, acts or omissions constituting a violation of
40the Medical Practice Act or the appropriate practice act governing
P20   1each allied health profession, or is unable to practice safely due to
2a mental or physical condition, and that permitting the licensee to
3continue to engage in the profession for which the license was
4issued will endanger the public health, safety, or welfare.

5(b) All orders authorized by this section shall be issued only
6after a hearing conducted pursuant to subdivision (d), unless it
7appears from the facts shown by affidavit that serious injury would
8result to the public before the matter can be heard on notice. Except
9as provided in subdivision (c), the licensee shall receive at least
1015 days’ prior notice of the hearing, which notice shall include
11affidavits and all other information in support of the order.

12(c) If an interim order is issued without notice, the administrative
13law judge who issued the order without notice shall cause the
14licensee to be notified of the order, including affidavits and all
15other information in support of the order by a 24-hour delivery
16service. That notice shall also include the date of the hearing on
17the order, which shall be conducted in accordance with the
18requirement of subdivision (d), not later than 20 days from the
19date of issuance. The order shall be dissolved unless the
20requirements of subdivision (a) are satisfied.

21(d) For the purposes of the hearing conducted pursuant to this
22section, the licentiate shall, at a minimum, have the following
23rights:

24(1) To be represented by counsel.

25(2) To have a record made of the proceedings, copies of which
26may be obtained by the licentiate upon payment of any reasonable
27charges associated with the record.

28(3) To present written evidence in the form of relevant
29declarations, affidavits, and documents.

30The discretion of the administrative law judge to permit
31testimony at the hearing conducted pursuant to this section shall
32be identical to the discretion of a superior court judge to permit
33testimony at a hearing conducted pursuant to Section 527 of the
34Code of Civil Procedure.

35(4) To present oral argument.

36(e) Consistent with the burden and standards of proof applicable
37to a preliminary injunction entered under Section 527 of the Code
38of Civil Procedure, the administrative law judge shall grant the
39interim order where, in the exercise of discretion, the administrative
40law judge concludes that:

P21   1(1) There is a reasonable probability that the petitioner will
2prevail in the underlying action.

3(2) The likelihood of injury to the public in not issuing the order
4outweighs the likelihood of injury to the licensee in issuing the
5order.

6(f) In all cases where an interim order is issued, and an
7accusation is not filed and served pursuant to Sections 11503 and
811505 withinbegin delete 15end deletebegin insert 30end insert days of the date in which the parties to the
9hearing on the interim order have submitted the matter, the order
10shall be dissolved.

11Upon service of the accusation the licensee shall have, in addition
12to the rights granted by this section, all of the rights and privileges
13available as specified in this chapter. If the licensee requests a
14hearing on the accusation, the board shall provide the licensee with
15a hearing within 30 days of the request, unless the licensee
16stipulates to a later hearing, and a decision within 15 days of the
17date the decision is received from the administrative law judge, or
18the board shall nullify the interim order previously issued, unless
19 good cause can be shown by the Division of Medical Quality for
20a delay.

21(g) Where an interim order is issued, a written decision shall be
22prepared within 15 days of the hearing, by the administrative law
23judge, including findings of fact and a conclusion articulating the
24connection between the evidence produced at the hearing and the
25decision reached.

26(h) Notwithstanding the fact that interim orders issued pursuant
27to this section are not issued after a hearing as otherwise required
28by this chapter, interim orders so issued shall be subject to judicial
29review pursuant to Section 1094.5 of the Code of Civil Procedure.
30The relief which may be ordered shall be limited to a stay of the
31interim order. Interim orders issued pursuant to this section are
32final interim orders and, if not dissolved pursuant to subdivision
33(c) or (f), may only be challenged administratively at the hearing
34on the accusation.

35(i) The interim order provided for by this section shall be:

36(1) In addition to, and not a limitation on, the authority to seek
37injunctive relief provided for in the Business and Professions Code.

38(2) A limitation on the emergency decision procedure provided
39in Article 13 (commencing with Section 11460.10) of Chapter 4.5.

P22   1begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 12529 of the end insertbegin insertGovernment Codeend insertbegin insert, as amended
2by Section 112 of Chapter 332 of the Statutes of 2012, is amended
3to read:end insert

4

12529.  

(a) There is in the Department of Justice the Health
5Quality Enforcement Section. The primary responsibility of the
6section is to investigate and prosecute proceedings against licensees
7and applicants within the jurisdiction of the Medical Board of
8California, the California Board of Podiatric Medicine, the Board
9of Psychology, or any committee under the jurisdiction of the
10Medical Board of California.

11(b) The Attorney General shall appoint a Senior Assistant
12Attorney General of the Health Quality Enforcement Section. The
13Senior Assistant Attorney General of the Health Quality
14Enforcement Section shall be an attorney in good standing licensed
15to practice in the State of California, experienced in prosecutorial
16or administrative disciplinary proceedings and competent in the
17management and supervision of attorneys performing those
18functions.

19(c) The Attorney General shall ensure that the Health Quality
20Enforcement Section is staffed with a sufficient number of
21experienced and able employees that are capable of handling the
22most complex and varied types of disciplinary actions against the
23licensees of the board.

24(d) Funding for the Health Quality Enforcement Section shall
25be budgeted in consultation with the Attorney General from the
26special funds financing the operations of the Medical Board of
27California, the California Board of Podiatric Medicine, the Board
28of Psychology, and the committees under the jurisdiction of the
29Medical Board of California, with the intent that the expenses be
30proportionally shared as to services rendered.

begin delete

31(e) This section shall remain in effect only until January 1, 2014,
32and as of that date is repealed, unless a later enacted statute, that
33is enacted before January 1, 2014, deletes or extends that date.

end delete
34begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 12529 of the end insertbegin insertGovernment Codeend insertbegin insert, as amended
35by Section 113 of Chapter 332 of the Statutes of 2012, is repealed.end insert

begin delete
36

12529.  

(a) There is in the Department of Justice the Health
37Quality Enforcement Section. The primary responsibility of the
38section is to prosecute proceedings against licensees and applicants
39within the jurisdiction of the Medical Board of California, the
40California Board of Podiatric Medicine, the Board of Psychology,
P23   1or any committee under the jurisdiction of the Medical Board of
2California, and to provide ongoing review of the investigative
3activities conducted in support of those prosecutions, as provided
4in subdivision (b) of Section 12529.5.

5(b) The Attorney General shall appoint a Senior Assistant
6Attorney General of the Health Quality Enforcement Section. The
7Senior Assistant Attorney General of the Health Quality
8 Enforcement Section shall be an attorney in good standing licensed
9to practice in the State of California, experienced in prosecutorial
10or administrative disciplinary proceedings and competent in the
11management and supervision of attorneys performing those
12functions.

13(c) The Attorney General shall ensure that the Health Quality
14Enforcement Section is staffed with a sufficient number of
15experienced and able employees that are capable of handling the
16most complex and varied types of disciplinary actions against the
17licensees of the board.

18(d) Funding for the Health Quality Enforcement Section shall
19be budgeted in consultation with the Attorney General from the
20special funds financing the operations of the Medical Board of
21California, the California Board of Podiatric Medicine, the Board
22of Psychology, and the committees under the jurisdiction of the
23Medical Board of California, with the intent that the expenses be
24proportionally shared as to services rendered.

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

end delete
26begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 12529.5 of the end insertbegin insertGovernment Codeend insertbegin insert, as amended
27by Section 114 of Chapter 332 of the Statutes of 2012, is amended
28to read:end insert

29

12529.5.  

(a) All complaints or relevant information concerning
30licensees that are within the jurisdiction of the Medical Board of
31California, the California Board of Podiatric Medicine, or the
32Board of Psychology shall be made available to the Health Quality
33Enforcement Section.

34(b) The Senior Assistant Attorney General of the Health Quality
35Enforcement Section shall assign attorneys to work on location at
36the intake unit of the boards described in subdivision (d) of Section
3712529 to assist in evaluating and screening complaints and to assist
38in developing uniform standards and procedures for processing
39complaints.

P24   1(c) The Senior Assistant Attorney General or his or her deputy
2attorneys general shall assist the boards or committees in designing
3and providing initial and in-service training programs for staff of
4the boards or committees, including, but not limited to, information
5collection and investigation.

6(d) The determination to bring a disciplinary proceeding against
7a licensee of the boards shall be made by the executive officer of
8the boards or committees as appropriate in consultation with the
9senior assistant.

begin delete

10(e) This section shall remain in effect only until January 1, 2014,
11and as of that date is repealed, unless a later enacted statute, that
12is enacted before January 1, 2014, deletes or extends that date.

end delete
13begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 12529.5 of the end insertbegin insertGovernment Codeend insertbegin insert, as amended
14by Section 115 of Chapter 332 of the Statutes of 2012, is repealed.end insert

begin delete
15

12529.5.  

(a) All complaints or relevant information concerning
16licensees that are within the jurisdiction of the Medical Board of
17California, the California Board of Podiatric Medicine, or the
18Board of Psychology shall be made available to the Health Quality
19Enforcement Section.

20(b) The Senior Assistant Attorney General of the Health Quality
21Enforcement Section shall assign attorneys to assist the boards in
22intake and investigations and to direct discipline-related
23prosecutions. Attorneys shall be assigned to work closely with
24each major intake and investigatory unit of the boards, to assist in
25the evaluation and screening of complaints from receipt through
26disposition and to assist in developing uniform standards and
27procedures for the handling of complaints and investigations.

28A deputy attorney general of the Health Quality Enforcement
29Section shall frequently be available on location at each of the
30working offices at the major investigation centers of the boards,
31to provide consultation and related services and engage in case
32review with the boards’ investigative, medical advisory, and intake
33staff. The Senior Assistant Attorney General and deputy attorneys
34general working at his or her direction shall consult as appropriate
35with the investigators of the boards, medical advisors, and
36executive staff in the investigation and prosecution of disciplinary
37cases.

38(c) The Senior Assistant Attorney General or his or her deputy
39attorneys general shall assist the boards or committees in designing
40and providing initial and in-service training programs for staff of
P25   1the boards or committees, including, but not limited to, information
2 collection and investigation.

3(d) The determination to bring a disciplinary proceeding against
4a licensee of the boards shall be made by the executive officer of
5the boards or committees as appropriate in consultation with the
6senior assistant.

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

end delete
8begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 12529.6 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
9to read:end insert

10

12529.6.  

(a) The Legislature finds and declares that the
11Medical Board of California, by ensuring the quality and safety
12of medical care, performs one of the most critical functions of state
13government. Because of the critical importance of the board’s
14public health and safety function, the complexity of cases involving
15alleged misconduct by physicians and surgeons, and the evidentiary
16burden in the board’s disciplinary cases, the Legislature finds and
17declares that using a vertical enforcement and prosecution model
18for those investigations is in the best interests of the people of
19California.

20(b) Notwithstanding any other provision of law, as of January
211, 2006, each complaint that is referred to a district office of the
22board for investigation shall be simultaneously and jointly assigned
23to an investigator and to the deputy attorney general in the Health
24Quality Enforcement Section responsible for prosecuting the case
25if the investigation results in the filing of an accusation. The joint
26assignment of the investigator and the deputy attorney general
27shall exist for the duration of the disciplinary matter. During the
28assignment, the investigator so assigned shall, under the direction
29but not the supervision of the deputy attorney general, be
30responsible for obtaining the evidence required to permit the
31Attorney General to advise the board on legal matters such as
32whether the board should file a formal accusation, dismiss the
33complaint for a lack of evidence required to meet the applicable
34burden of proof, or take other appropriate legal action.

35(c) The Medical Board of California, the Department of
36Consumer Affairs, and the Office of the Attorney General shall,
37if necessary, enter into an interagency agreement to implement
38this section.

39(d) This section does not affect the requirements of Section
4012529.5 as applied to the Medical Board of California where
P26   1complaints that have not been assigned to a field office for
2investigation are concerned.

3(e) It is the intent of the Legislature to enhance the vertical
4enforcement and prosecution model as set forth in subdivision (a).
5The Medical Board of California shall do all of the following:

6(1) Increase its computer capabilities and compatibilities with
7the Health Quality Enforcement Section in order to share case
8information.

9(2) Establish and implement a plan to locate its enforcement
10staff and the staff of the Health Quality Enforcement Section in
11the same offices, as appropriate, in order to carry out the intent of
12the vertical enforcement and prosecution model.

13(3) Establish and implement a plan to assist in team building
14between its enforcement staff and the staff of the Health Quality
15Enforcement Section in order to ensure a common and consistent
16knowledge base.

begin delete

17(f) This section shall remain in effect only until January 1, 2014,
18and as of that date is repealed, unless a later enacted statute, that
19is enacted before January 1, 2014, deletes or extends that date.

end delete
20begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 12529.7 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
21to read:end insert

22

12529.7.  

By March 1,begin delete 2012,end deletebegin insert 2015,end insert the Medical Board of
23California, in consultation with the Department of Justice and the
24Department of Consumer Affairs, shall report and make
25recommendations to the Governor and the Legislature on the
26vertical enforcement and prosecution model created under Section
2712529.6.

28begin insert

begin insertSEC. 18.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
29to Section 6 of Article XIII B of the California Constitution because
30the only costs that may be incurred by a local agency or school
31district will be incurred because this act creates a new crime or
32infraction, eliminates a crime or infraction, or changes the penalty
33for a crime or infraction, within the meaning of Section 17556 of
34the Government Code, or changes the definition of a crime within
35the meaning of Section 6 of Article XIII B of the California
36Constitution.

end insert
begin delete
37

SEC. 4.  

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

39

3010.5.  

(a) There is in the Department of Consumer Affairs
40a State Board of Optometry in which the enforcement of this
P27   1chapter is vested. The board consists of 11 members, five of whom
2shall be public members.

3Six members of the board shall constitute a quorum.

4(b) The board shall, with respect to conducting investigations,
5inquiries, and disciplinary actions and proceedings, have the
6authority previously vested in the board as created pursuant to
7Section 3010. The board may enforce any disciplinary actions
8undertaken by that board.

9(c) This section shall remain in effect only until January 1, 2018,
10and as of that date is repealed, unless a later enacted statute, that
11is enacted before January 1, 2018, deletes or extends that date.
12Notwithstanding any other law, the repeal of this section renders
13the board subject to review by the appropriate policy committees
14of the Legislature.

15

SEC. 5.  

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

17

3014.6.  

(a) The board may appoint a person exempt from civil
18service who shall be designated as an executive officer and who
19shall exercise the powers and perform the duties delegated by the
20board and vested in him or her by this chapter.

21(b)  This section shall remain in effect only until January 1,
222018, and as of that date is repealed, unless a later enacted statute,
23that is enacted before January 1, 2018, deletes or extends that date.

end delete


O

    98