Amended in Senate April 15, 2013

Senate Bill No. 305

Introduced by Senator Price

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(Principal coauthor: Assembly Member Gordon)

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February 15, 2013

An act to amend Sections 2450, 2450.3, begin insert 2569, 3010.5, 3014.6, end insert 3685, 3686, 3710, begin delete and end delete 3716 begin insert , and 3765 end insert of begin insert , and to add Section 144.5 to, end insert the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

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

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Existing law requires specified regulatory boards within the Department of Consumer Affairs to require an applicant for licensure to furnish to the board a full set of fingerprints in order to conduct a criminal history record check.

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This bill would additionally authorize those boards to request and receive from a local or state agency certified records of all arrests and convictions, certified records regarding probation, and any and all other related documentation needed to complete an applicant or licensee investigation and would authorize a local or state agency to provide those records to the board upon request.

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Existing law, the Osteopathic Act, begin delete establishes the Osteopathic Medical Board of California, which issues certificates to, and regulates, osteopathic physicians and surgeons. end delete begin insert provides for the licensure and regulation of osteopathic physicians and surgeons by the Osteopathic Medical Board of California. end insert

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 begin insert the end insert review be performed as if begin delete those end delete begin insert these end insert provisions were scheduled to be repealed as of January 1, 2018.

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

This bill would begin delete instead repeal those provisions on January 1, 2018, end delete begin insert extend the operation of these provisions until January 1, 2018, end insert and make conforming changes.

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Existing law provides for the regulation of dispensing opticians, as defined, by the Medical Board of California.

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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 the review be performed as if these provisions were scheduled to be repealed as of January 1, 2018.

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Existing law begin insert , the Optometry Practice Act, provides for the licensure and regulation of optometrists by the State Board of Optometry. The Respiratory Care Act end insert provides for the licensure and regulation of respiratory care practitioners by the Respiratory Care Board of California. begin delete Existing law end delete begin insert Each of those acts end insert authorizes the board to employ an executive officer. Existing law repeals these provisions on January 1, 2014 and subjects the begin delete board end delete begin insert boards end insert to review by the Joint begin delete Sunset Review Committee end delete begin insert Committee on Boards, Commissions, and Consumer Protection end insert .

This bill would begin delete instead repeal those provisions on January 1, 2018, end delete begin insert extend the operation of these provisions until January 1, 2018, end insert and provide that the begin delete committee is subject to end delete begin insert repeal of these provisions subjects the boards to end insert review by the appropriate policy committees of the Legislature.

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The Respiratory Care Act also prohibits a person from engaging in the practice of respiratory care unless he or she is a licensed respiratory care practitioner. However, the act does not prohibit specified acts, including, among others, the performance of respiratory care services in case of an emergency or self-care by a patient.

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This bill would additionally authorize the performance of pulmonary function testing by persons who are currently employed by Los Angeles county hospitals and have performed pulmonary function testing for at least 15 years.

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This bill would make legislative findings and declarations as to the necessity of a special statute for the persons described above.

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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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begin insert SECTION 1. end insert   

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begin insert Section 144.5 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

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begin insert 144.5. end insert   

Notwithstanding any other law, a board described in
Section 144 may request, and is authorized to receive, from a local
or state agency certified records of all arrests and convictions,
certified records regarding probation, and any and all other related
documentation needed to complete an applicant or licensee
investigation. A local or state agency may provide those records
to the board upon request.

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begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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

2450.  

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

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

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

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begin insert SEC. 3. end insert   

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

2450.3.  

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

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begin insert SEC. 4. end insert   

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

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 end delete review begin delete required by Division 1.2 (commencing with Section
473). end delete begin insert 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

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begin insert SEC. 5. end insert   

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

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 end delete review begin delete required by Division
1.2 (commencing with Section 473). end delete begin insert by the appropriate policy
committees of the Legislature. end insert

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begin insert SEC. 6. end insert   

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

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) 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 SEC. 3. end delete
begin insert SEC. 7. end insert   

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

3685.  

Notwithstanding any other law, the repeal of this chapter
renders the committee subject to review by the appropriate policy
committees of the Legislature.

begin delete SEC. 4. end delete
begin insert SEC. 8. end insert   

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

3686.  

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

begin delete SEC. 5. end delete
begin insert SEC. 9. end insert   

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

3710.  

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

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

begin delete SEC. 6. end delete
begin insert SEC. 10. end insert   

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

3716.  

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

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

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begin insert SEC. 11. end insert   

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begin insert Section 3765 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

3765.  

This act does not prohibit any of the following activities:

(a) The performance of respiratory care that is an integral part
of the program of study by students enrolled in approved
respiratory therapy training programs.

(b) Self-care by the patient or the gratuitous care by a friend or
member of the family who does not represent or hold himself or
herself out to be a respiratory care practitioner licensed under the
provisions of this chapter.

(c) The respiratory care practitioner from performing advances
in the art and techniques of respiratory care learned through formal
or specialized training.

(d) The performance of respiratory care in an emergency
situation by paramedical personnel who have been formally trained
in these modalities and are duly licensed under the provisions of
an act pertaining to their speciality.

(e) Respiratory care services in case of an emergency.
“Emergency,” as used in this subdivision, includes an epidemic
or public disaster.

(f) Persons from engaging in cardiopulmonary research.

(g) Formally trained licensees and staff of child day care
facilities from administering to a child inhaled medication as
defined in Section 1596.798 of the Health and Safety Code.

(h) The performance by a person employed by a home medical
device retail facility or by a home health agency licensed by the
State Department of Health Services of specific, limited, and basic
respiratory care or respiratory care related services that have been
authorized by the board.

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(i) The performance of pulmonary function testing by persons
who are currently employed by Los Angeles county hospitals and
have performed pulmonary function testing for at least 15 years.

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begin insert SEC. 12. end insert   

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The Legislature finds and declares that a special law,
as set forth in Section 11 of this act, is necessary and that a general
law cannot be made applicable within the meaning of Section 16
of Article IV of the California Constitution because of the unique
circumstances relating to persons who are currently employed by
Los Angeles county hospitals and have performed pulmonary
function testing for at least 15 years.

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