Amended in Assembly June 14, 2013

Amended in Senate April 25, 2013

Amended in Senate April 15, 2013

Senate Bill No. 305

Introduced by Senator Price

(Principal coauthor: Assembly Member Gordon)

February 15, 2013

An act to amend Sections begin insert 1000, end insert 2450, 2450.3, begin insert 2530.2, 2531, 2531.75, 2533, 2570.19, 2602, 2607.5, end insert 3010.5, 3014.6, 3685, 3686, 3710, 3716, begin delete and 3765 end delete begin insert 3765, 4938, and 4939 end insert 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.

begin insert

The Chiropractic Act, enacted by an initiative measure, provides for the licensure and regulation of chiropractors in this state by the State Board of Chiropractic Examiners. Existing law specifies that the law governing chiropractors is found in the act.

end insert begin 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subject to review by the appropriate policy committees of the Legislature as if these provisions were scheduled to be repealed on January 1, 2018. This bill would also make nonsubstantive changes to conform with the Governor’s Reorganization Plan No. 2.

end insert

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 The bill would require that the review be performed as if these provisions were scheduled to be repealed as of January 1, 2018.

begin insert

Existing law, the Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act, provides for the licensure and regulation of speech-language pathologists, audiologists, and hearing aid dispensers by the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. The act authorizes the board to appoint an executive officer. Existing law repeals these provisions on January 1, 2014, and subjects the board to review by the Joint Committee on Boards, Commissions, and Consumer Protection.

end insert begin insert

This bill would extend the operation of these provisions until January 1, 2018, and provide that the repeal of these provisions subjects the board to review by the appropriate policy committees of the Legislature.

end insert begin insert

The Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act also authorizes the board to refuse to issue, or issue subject to terms and conditions, a license on specified grounds, including, among others, securing a license by fraud or deceit.

end insert begin insert

This bill would additionally authorize the board to refuse to issue, or issue subject to terms and conditions, a license for a violation of a term or condition of a probationary order of a license issued by the board, as provided.

end insert begin insert

Existing law, the Occupational Therapy Practice Act, provides for the licensure and regulation of occupational therapists, as defined, by the California Board of Occupational Therapy. Existing law repeals those provisions on January 1, 2014, and subjects the board to review by the Joint Committee on Boards, Commissions, and Consumer Protection.

end insert begin insert

This bill would extend the operation of these provisions until January 1, 2018, and provide that the repeal of these provisions subjects the board to review by the appropriate policy committees of the Legislature.

end insert begin insert

Existing law, the Physical Therapy Practice Act, provides for the licensure and regulation of physical therapists by the Physical Therapy Board of California. The act authorizes the board to appoint an executive officer. Existing law repeals these provisions on January 1, 2014.

end insert begin insert

This bill would extend the operation of these provisions until January 1, 2018.

end insert

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, 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 begin insert , end insert 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 begin delete county end delete begin insert County end insert 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.

begin insert

The Acupuncture Licensure Act provides for an Acupuncture Board within the Department of Consumer Affairs to license and regulate the practice of acupuncture. Existing law requires the board to issue a license to practice acupuncture to a person who files an application, pays a fee, and, among other things, passes a written examination administered by the board. Existing law also requires the board to establish standards for the approval of schools and colleges offering education and training in the practice of an acupuncturist, as specified.

end insert begin insert

This bill would instead require an applicant to pass a written examination administered by the board or, beginning on January 1, 2015, an examination or examinations administered by the National Certification Commission for Acupuncture and Oriental Medicine, as specified. The bill would, beginning January 1, 2017, require acupuncture schools and colleges approved by the board to be accredited by the Accreditation Commission for Acupuncture and Oriental Medicine.

end insert

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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1000 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

1000.  

begin insert (a) end insert begin insert   end insert The law governing practitioners of chiropractic is
found in an initiative act entitled “An act prescribing the terms
upon which licenses may be issued to practitioners of chiropractic,
creating the State Board of Chiropractic Examiners and declaring
its powers and duties, prescribing penalties for violation hereof,
and repealing all acts and parts of acts inconsistent herewith,”
adopted by the electors November 7, 1922.

begin insert

(b) The State Board of Chiropractic Examiners is within the
Department of Consumer Affairs.

end insert begin insert

(c) Notwithstanding any other law, the powers and duties of the
State Board of Chiropractic Examiners, as set forth in this article
and under the act creating the board, 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.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. 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.

begin delete SEC. 3. end delete
begin insert SEC. 4. 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.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 2530.2 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2530.2.  

As used in this chapter, unless the context otherwise
requires:

(a) “Board” means the Speech-Language Pathology and
Audiology and Hearing Aid Dispensers Board. begin delete As used in this
chapter or any other provision of law, “Speech-Language Pathology
and Audiology Board” shall be deemed to refer to the
Speech-Language Pathology and Audiology and Hearing Aid
Dispensers Board or any successor. end delete

(b) “Person” means any individual, partnership, corporation,
limited liability company, or other organization or combination
thereof, except that only individuals can be licensed under this
chapter.

(c) A “speech-language pathologist” is a person who practices
speech-language pathology.

(d) The practice of speech-language pathology means all of the
following:

(1) The application of principles, methods, instrumental
procedures, and noninstrumental procedures for measurement,
testing, screening, evaluation, identification, prediction, and
counseling related to the development and disorders of speech,
voice, language, or swallowing.

(2) The application of principles and methods for preventing,
planning, directing, conducting, and supervising programs for
habilitating, rehabilitating, ameliorating, managing, or modifying
disorders of speech, voice, language, or swallowing in individuals
or groups of individuals.

(3) Conducting hearing screenings.

(4) Performing suctioning in connection with the scope of
practice described in paragraphs (1) and (2), after compliance with
a medical facility’s training protocols on suctioning procedures.

(e) (1) Instrumental procedures referred to in subdivision (d)
are the use of rigid and flexible endoscopes to observe the
pharyngeal and laryngeal areas of the throat in order to observe,
collect data, and measure the parameters of communication and
swallowing as well as to guide communication and swallowing
assessment and therapy.

(2) Nothing in this subdivision shall be construed as a diagnosis.
Any observation of an abnormality shall be referred to a physician
and surgeon.

(f) A licensed speech-language pathologist shall not perform a
flexible fiberoptic nasendoscopic procedure unless he or she has
received written verification from an otolaryngologist certified by
the American Board of Otolaryngology that the speech-language
pathologist has performed a minimum of 25 flexible fiberoptic
nasendoscopic procedures and is competent to perform these
procedures. The speech-language pathologist shall have this written
verification on file and readily available for inspection upon request
by the board. A speech-language pathologist shall pass a flexible
fiberoptic nasendoscopic instrument only under the direct
authorization of an otolaryngologist certified by the American
Board of Otolaryngology and the supervision of a physician and
surgeon.

(g) A licensed speech-language pathologist shall only perform
flexible endoscopic procedures described in subdivision (e) in a
setting that requires the facility to have protocols for emergency
medical backup procedures, including a physician and surgeon or
other appropriate medical professionals being readily available.

(h) “Speech-language pathology aide” means any person
meeting the minimum requirements established by the board, who
works directly under the supervision of a speech-language
pathologist.

(i) (1) “Speech-language pathology assistant” means a person
who meets the academic and supervised training requirements set
forth by the board and who is approved by the board to assist in
the provision of speech-language pathology under the direction
and supervision of a speech-language pathologist who shall be
responsible for the extent, kind, and quality of the services provided
by the speech-language pathology assistant.

(2) The supervising speech-language pathologist employed or
contracted for by a public school may hold a valid and current
license issued by the board, a valid, current, and professional clear
clinical or rehabilitative services credential in language, speech,
and hearing issued by the Commission on Teacher Credentialing,
or other credential authorizing service in language, speech, and
hearing issued by the Commission on Teacher Credentialing that
is not issued on the basis of an emergency permit or waiver of
requirements. For purposes of this paragraph, a “clear” credential
is a credential that is not issued pursuant to a waiver or emergency
permit and is as otherwise defined by the Commission on Teacher
Credentialing. Nothing in this section referring to credentialed
supervising speech-language pathologists expands existing
exemptions from licensing pursuant to Section 2530.5.

(j) An “audiologist” is one who practices audiology.

(k) “The practice of audiology” means the application of
principles, methods, and procedures of measurement, testing,
appraisal, prediction, consultation, counseling, instruction related
to auditory, vestibular, and related functions and the modification
of communicative disorders involving speech, language, auditory
behavior or other aberrant behavior resulting from auditory
dysfunction; and the planning, directing, conducting, supervising,
or participating in programs of identification of auditory disorders,
hearing conservation, cerumen removal, aural habilitation, and
rehabilitation, including, hearing aid recommendation and
evaluation procedures including, but not limited to, specifying
amplification requirements and evaluation of the results thereof,
auditory training, and speech reading, and the selling of hearing
aids.

(l) A “dispensing audiologist” is a person who is authorized to
sell hearing aids pursuant to his or her audiology license.

(m) “Audiology aide” means any person meeting the minimum
requirements established by the board. An audiology aid may not
perform any function that constitutes the practice of audiology
unless he or she is under the supervision of an audiologist. The
board may by regulation exempt certain functions performed by
an industrial audiology aide from supervision provided that his or
her employer has established a set of procedures or protocols that
the aide shall follow in performing these functions.

(n) “Medical board” means the Medical Board of California.

(o) A “hearing screening” performed by a speech-language
pathologist means a binary puretone screening at a preset intensity
level for the purpose of determining if the screened individuals
are in need of further medical or audiological evaluation.

(p) “Cerumen removal” means the nonroutine removal of
cerumen within the cartilaginous ear canal necessary for access in
performance of audiological procedures that shall occur under
physician and surgeon supervision. Cerumen removal, as provided
by this section, shall only be performed by a licensed audiologist.
Physician and surgeon supervision shall not be construed to require
the physical presence of the physician, but shall include all of the
following:

(1) Collaboration on the development of written standardized
protocols. The protocols shall include a requirement that the
supervised audiologist immediately refer to an appropriate
physician any trauma, including skin tears, bleeding, or other
pathology of the ear discovered in the process of cerumen removal
as defined in this subdivision.

(2) Approval by the supervising physician of the written
standardized protocol.

(3) The supervising physician shall be within the general
vicinity, as provided by the physician-audiologist protocol, of the
supervised audiologist and available by telephone contact at the
time of cerumen removal.

(4) A licensed physician and surgeon may not simultaneously
supervise more than two audiologists for purposes of cerumen
removal.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 2531 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

2531.  

(a) There is in the Department of Consumer Affairs begin delete a end delete
begin insert the end insert Speech-Language Pathology and Audiology and Hearing Aid
Dispensers Board in which the enforcement and administration of
this chapter are vested. The Speech-Language Pathology and
Audiology and Hearing Aid Dispensers Board shall consist of nine
members, three of whom shall be public members.

(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 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 .

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 2531.75 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2531.75.  

(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 insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 2533 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

2533.  

The board may refuse to issue, or issue subject to terms
and conditions, a license on the grounds specified in Section 480,
or may suspend, revoke, or impose terms and conditions upon the
license of any licensee for any of the following:

(a) Conviction of a crime substantially related to the
qualifications, functions, and duties of a speech-language
pathologist or audiologist or hearing aid dispenser, as the case may
be. The record of the conviction shall be conclusive evidence
thereof.

(b) Securing a license by fraud or deceit.

(c) (1) The use or administering to himself or herself begin delete , end delete of any
controlled substance; (2) the use of any of the dangerous drugs
specified in Section 4022, or of alcoholic beverages, to the extent begin delete , end delete
or in a manner as to be dangerous or injurious to the licensee, to
any other person, or to the public, or to the extent that the use
impairs the ability of the licensee to practice speech-language
pathology or audiology safely; (3) more than one misdemeanor or
any felony involving the use, consumption, or self-administration
of any of the substances referred to in this section; or (4) any
combination of paragraph (1), (2), or (3). The record of the
conviction shall be conclusive evidence of unprofessional conduct.

(d) Advertising in violation of Section 17500. Advertising an
academic degree that was not validly awarded or earned under the
laws of this state or the applicable jurisdiction in which it was
issued is deemed to constitute a violation of Section 17500.

(e) Committing a dishonest or fraudulent act that is substantially
related to the qualifications, functions, or duties of a licensee.

(f) Incompetence, gross negligence, or repeated negligent acts.

(g) Other acts that have endangered or are likely to endanger
the health, welfare, and safety of the public.

(h) Use by a hearing aid dispenser of the term “doctor” or
“physician” or “clinic” or “audiologist,” or any derivation thereof,
except as authorized by law.

(i) The use, or causing the use, of any advertising or promotional
literature in a manner that has the capacity or tendency to mislead
or deceive purchasers or prospective purchasers.

(j) Any cause that would be grounds for denial of an application
for a license.

(k) Violation of Section 1689.6 or 1793.02 of the Civil Code.

begin insert

(l) Violation of a term or condition of a probationary order of
a license issued by the board pursuant to Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 2570.19 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2570.19.  

(a) There is hereby created a California Board of
Occupational Therapy, hereafter referred to as the board. The board
shall enforce and administer this chapter.

(b) The members of the board shall consist of the following:

(1) Three occupational therapists who shall have practiced
occupational therapy for five years.

(2) One occupational therapy assistant who shall have assisted
in the practice of occupational therapy for five years.

(3) Three public members who shall not be licentiates of the
board, of any other board under this division, or of any board
referred to in Section 1000 or 3600.

(c) The Governor shall appoint the three occupational therapists
and one occupational therapy assistant to be members of the board.
The Governor, the Senate Committee on Rules, and the Speaker
of the Assembly shall each appoint a public member. Not more
than one member of the board shall be appointed from the full-time
faculty of any university, college, or other educational institution.

(d) All members shall be residents of California at the time of
their appointment. The occupational therapist and occupational
therapy assistant members shall have been engaged in rendering
occupational therapy services to the public, teaching, or research
in occupational therapy for at least five years preceding their
appointments.

(e) The public members may not be or have ever been
occupational therapists or occupational therapy assistants or in
training to become occupational therapists or occupational therapy
assistants. The public members may not be related to, or have a
household member who is, an occupational therapist or an
occupational therapy assistant, and may not have had, within two
years of the appointment, a substantial financial interest in a person
regulated by the board.

(f) The Governor shall appoint two board members for a term
of one year, two board members for a term of two years, and one
board member for a term of three years. Appointments made
thereafter shall be for four-year terms, but no person shall be
appointed to serve more than two consecutive terms. Terms shall
begin on the first day of the calendar year and end on the last day
of the calendar year or until successors are appointed, except for
the first appointed members who shall serve through the last
calendar day of the year in which they are appointed, before
commencing the terms prescribed by this section. Vacancies shall
be filled by appointment for the unexpired term. The board shall
annually elect one of its members as president.

(g) The board shall meet and hold at least one regular meeting
annually in the Cities of Sacramento, Los Angeles, and San
Francisco. The board may convene from time to time until its
business is concluded. Special meetings of the board may be held
at any time and place designated by the board.

(h) Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of
Division 3 of Title 2 of the Government Code).

(i) Members of the board shall receive no compensation for
their services, but shall be entitled to reasonable travel and other
expenses incurred in the execution of their powers and duties in
accordance with Section 103.

(j) The appointing power shall have the power to remove any
member of the board from office for neglect of any duty imposed
by state law, for incompetency, or for unprofessional or
dishonorable conduct.

(k) 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 .

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 2602 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2602.  

The Physical Therapy Board of California, hereafter
referred to as the board, shall enforce and administer this chapter.

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.

Notwithstanding any other provision of law, the repeal of this
section renders the board subject to review by the appropriate
policy committees of the Legislature.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 2607.5 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2607.5.  

(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. 4. end delete
begin insert SEC. 12. end insert   

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.

begin delete SEC. 5. end delete
begin insert SEC. 13. end insert   

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.

begin delete SEC. 6. end delete
begin insert SEC. 14. 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. 7. end delete
begin insert SEC. 15. 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. 8. end delete
begin insert SEC. 16. 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. 9. end delete
begin insert SEC. 17. 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.

begin delete SEC. 10. end delete
begin insert SEC. 18. end insert   

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 begin insert Public end insert Health begin delete Services end delete 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.

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 4938 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4938.  

The board shall issue a license to practice acupuncture
to any person who makes an application and meets the following
requirements:

(a) Is at least 18 years of age.

(b) Furnishes satisfactory evidence of completion of one of the
following:

(1) An educational and training program approved by the board
pursuant to Section 4939.

(2) Satisfactory completion of a tutorial program in the practice
of an acupuncturist which is approved by the board.

(3) In the case of an applicant who has completed education
and training outside the United States and Canada, documented
educational training and clinical experience which meets the
standards established pursuant to Sections 4939 and 4941.

(c) Passes a written examination administered by the board begin delete that
tests end delete begin insert or, beginning on January 1, 2015, passes an examination or
examinations administered by the National Certification
Commission for Acupuncture and Oriental Medicine (NCCAOM),
provided that the office of Professional Exam Services of the
Department of Consumer Affairs determines that the examination
or examinations administered by NCCAOM comply with Section
139. The examinations shall test end insert the applicant’s ability,
competency, and knowledge in the practice of an acupuncturist.
The written examination begin insert administered by the board end insert shall be
developed by the Office of Professional Examination Services begin delete of
the Department of Consumer Affairs end delete .

(d) Is not subject to denial pursuant to Division 1.5 (commencing
with Section 475).

(e) Completes a clinical internship training program approved
by the board. The clinical internship training program shall not
exceed nine months in duration and shall be located in a clinic in
this state, which is approved by the board pursuant to Section 4939.
The length of the clinical internship shall depend upon the grades
received in the examination and the clinical training already
satisfactorily completed by the individual prior to taking the
examination. On and after January 1, 1987, individuals with 800
or more hours of documented clinical training shall be deemed to
have met this requirement. The purpose of the clinical internship
training program shall be to ensure a minimum level of clinical
competence.

Each applicant who qualifies for a license shall pay, as a
condition precedent to its issuance and in addition to other fees
required, the initial licensure fee.

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 4939 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4939.  

(a) The board shall establish standards for the approval
of schools and colleges offering education and training in the
practice of an acupuncturist, including standards for the faculty in
those schools and colleges and tutorial programs, completion of
which will satisfy the requirements of Section 4938.

(b) Standards for the approval of training programs shall include
a minimum of 3,000 hours of study in curriculum pertaining to the
practice of an acupuncturist. This subdivision shall apply to all
students entering programs on or after January 1, 2005.

begin insert

(c) Beginning January 1, 2017, all training programs approved
by the board shall be accredited by the Accrediting Commission
for Acupuncture and Oriental Medicine.

end insert begin delete

(c)

end delete

begin insert (d) end insert  Within three years of initial approval by the board, each
program so approved by the board shall receive full institutional
approval under Article 6 (commencing with Section 94885) of
Chapter 8 of Part 59 of Division 10 of Title 3 of the Education
Code in the field of traditional Asian medicine, or in the case of
institutions located outside of this state, approval by the appropriate
governmental educational authority using standards equivalent to
those of Article 6 (commencing with Section 94885) of Chapter
8 of Part 59 of Division 10 of Title 3 of the Education Code, or
the board’s approval of the program shall automatically lapse.

begin delete SEC. 11. end delete
begin insert SEC. 21. end insert   

The Legislature finds and declares that a special law,
as set forth in Section begin delete 10 end delete begin insert 18 end insert 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.