BILL NUMBER: SB 305 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 25, 2013
AMENDED IN SENATE APRIL 15, 2013
INTRODUCED BY Senator Price
(Principal coauthor: Assembly Member Gordon)
FEBRUARY 15, 2013
An act to amend Sections 2450, 2450.3, 2569,
3010.5, 3014.6, 3685, 3686, 3710, 3716, and 3765of,
3765 of, and to add Section 144.5 to, the
Business and Professions Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 305, as amended, Price. Healing arts: boards.
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.
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.
Existing law, the Osteopathic Act, provides for the licensure and
regulation of osteopathic physicians and surgeons by the Osteopathic
Medical Board of California.
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be performed as if these provisions were scheduled to be repealed as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.
Existing law, the Naturopathic Doctors Act, until January 1, 2014,
provides for the licensure and regulation of naturopathic doctors by
the Naturopathic Medicine Committee within the Osteopathic Medical
Board of California. Existing law also specifies that the repeal of
the committee subjects it to review by the appropriate policy
committees of the Legislature.
This bill would extend the operation of these provisions until
January 1, 2018, and make conforming changes.
Existing law provides for the regulation of dispensing opticians,
as defined, by the Medical Board of California.
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be performed as if these provisions were scheduled to be repealed as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.
Existing law, the Optometry Practice Act, provides for the
licensure and regulation of optometrists by the State Board of
Optometry. The Respiratory Care Act provides for the licensure and
regulation of respiratory care practitioners by the Respiratory Care
Board of California. Each of those acts authorizes the board to
employ an executive officer. Existing law repeals these provisions on
January 1, 2014 and subjects the boards to review by the Joint
Committee on Boards, Commissions, and Consumer Protection.
This bill would extend the operation of these provisions until
January 1, 2018, and provide that the repeal of these provisions
subjects the boards to review by the appropriate policy committees of
the Legislature.
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.
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.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the persons described above.
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 144.5 is added to the Business and Professions
Code, to read:
144.5. 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.
SEC. 2. 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.
SEC. 3. 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.
SEC. 4. Section 2569 of the Business and
Professions Code is amended to read:
2569. Notwithstanding any other law, the powers and duties of the
board, as set forth in this chapter, 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.
SEC. 5. 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,
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.
SEC. 6. 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) 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.
SEC. 7. SEC. 6. 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.
SEC. 8. SEC. 7. 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.
SEC. 9. SEC. 8. 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.
SEC. 10. SEC. 9. 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.
SEC. 11. SEC. 10. Section 3765 of
the Business and Professions Code is amended to read:
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.
(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.
SEC. 12. SEC. 11. The Legislature
finds and declares that a special law, as set forth in Section
11 10 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.