Senate BillNo. 305


Introduced by Senator Price

February 15, 2013


An act to amend Sections 2450, 2450.3, 3685, 3686, 3710, and 3716 of the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

SB 305, as introduced, Price. Healing arts: boards.

Existing law, the Osteopathic Act, establishes the Osteopathic Medical Board of California, which issues certificates to, and regulates, osteopathic physicians and surgeons.

This bill would require that the powers and duties of the board, as provided, be subject to review by the appropriate policy committees of the Legislature. The bill would require that review be performed as if those provisions were scheduled to be repealed as of January 1, 2018.

Existing law, the Naturopathic Doctors Act, provides for the licensure and regulation of naturopathic doctors by the Naturopathic Medicine Committee within the Osteopathic Medical Board of California. Existing law repeals these provisions on January 1, 2014. Existing law also specifies that the committee is subject to review by the appropriate policy committees of the Legislature.

This bill would instead repeal those provisions on January 1, 2018, and make conforming changes.

Existing law provides for the licensure and regulation of respiratory care practitioners by the Respiratory Care Board of California. Existing law authorizes the board to employ an executive officer. Existing law repeals these 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 provide that the committee is 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:

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SECTION 1.  

Section 2450 of the Business and Professions
2Code
is amended to read:

3

2450.  

There is a Board of Osteopathic Examiners of the State
4of California, established by the Osteopathic Act, which shall be
5known as the Osteopathic Medical Board of California which
6enforces this chapter relating to persons holding or applying for
7physician’s and surgeon’s certificates issued by the Osteopathic
8Medical Board of California under the Osteopathic Act.

9Persons who elect to practice using the term of suffix “M.D.,”
10as provided in Section 2275, shall not be subject to this article,
11and the Medical Board of California shall enforce the provisions
12of this chapter relating to persons who made the election.

begin insert

13Notwithstanding any other law, the powers and duties of the
14Osteopathic Medical Board of California, as set forth in this article
15and under the Osteopathic Act, shall be subject to review by the
16appropriate policy committees of the Legislature. The review shall
17be performed as if this chapter were scheduled to be repealed as
18of January 1, 2018.

end insert
19

SEC. 2.  

Section 2450.3 of the Business and Professions Code
20 is amended to read:

21

2450.3.  

There is within the jurisdiction of the Osteopathic
22Medical Board of California a Naturopathic Medicine Committee
23authorized under the Naturopathic Doctors Act (Chapter 8.2
24(commencing with Section 3610)). This section shall become
25inoperative on January 1,begin delete 2014,end deletebegin insert 2018,end insert and, as of that date is
26repealed, unless a later enacted statute that is enacted before
27January 1,begin delete 2014,end deletebegin insert 2018,end insert deletes or extends that date.
28Notwithstanding any other provision of law, the repeal of this
29 section renders the Naturopathic Medicine Committee subject to
30review by the appropriate policy committees of the Legislature.

31

SEC. 3.  

Section 3685 of the Business and Professions Code is
32amended to read:

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3685.  

begin delete(a)end deletebegin deleteend deletebegin deleteThe end deletebegin insertNotwithstanding any other law, theend insert repeal of
2this chapter renders the committee subject tobegin delete the review required
3by Division 1.2 (commencing with Section 473).end delete
begin insert review by the
4appropriate policy committees of the Legislature.end insert

begin delete

5(b) The committee shall prepare the report required by Section
6473.2 no later than September 1, 2012.

end delete
7

SEC. 4.  

Section 3686 of the Business and Professions Code is
8amended to read:

9

3686.  

This chapter shall remain in effect only until January 1,
10begin delete 2014,end deletebegin insert 2018,end insert and as of that date is repealed, unless a later enacted
11statute, that is enacted before January 1,begin delete 2014,end deletebegin insert 2018,end insert deletes or
12extends that date.

13

SEC. 5.  

Section 3710 of the Business and Professions Code is
14amended to read:

15

3710.  

(a) The Respiratory Care Board of California, hereafter
16referred to as the board, shall enforce and administer this chapter.

17(b) This section shall remain in effect only until January 1,begin delete 2014,end delete
18begin insert 2018,end insert and as of that date is repealed, unless a later enacted statute,
19that is enacted before January 1,begin delete 2014,end deletebegin insert 2018,end insert deletes or extends
20that date.begin delete Theend deletebegin insert Notwithstanding any other law, theend insert repeal of this
21section renders the board subject tobegin delete the review required by Division
221.2 (commencing with Section 473).end delete
begin insert review by the appropriate
23policy committees of the Legislature.end insert

24

SEC. 6.  

Section 3716 of the Business and Professions Code is
25amended to read:

26

3716.  

The board may employ an executive officer exempt from
27civil service and, subject to the provisions of law relating to civil
28service, clerical assistants and, except as provided in Section 159.5,
29other employees as it may deem necessary to carry out its powers
30and duties.

31This section shall remain in effect only until January 1,begin delete 2014,end delete
32begin insert 2018,end insert and as of that date is repealed, unless a later enacted statute,
33that is enacted before January 1,begin delete 2014,end deletebegin insert 2018,end insert deletes or extends
34that date.



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