Amended in Assembly June 19, 2013

Amended in Assembly June 14, 2013

Amended in Senate April 25, 2013

Amended in Senate April 15, 2013

Senate BillNo. 305


Introduced by Senator Price

(Principal coauthor: Assembly Member Gordon)

February 15, 2013


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

begin delete

Existing

end delete

begin insert(1)end insertbegin insertend insertbegin insertExistingend insert 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 delete

The

end delete

begin insert(2)end insertbegin insertend insertbegin insertTheend insert 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.

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subject to review by the appropriate policy committees of the Legislature as if these provisions were scheduled to be repealed on January 1, 2018.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.

begin delete

Existing

end delete

begin insert(3)end insertbegin insertend insertbegin insertExistingend insert 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 delete

Existing

end delete

begin insert(4)end insertbegin insertend insertbegin insertExistingend insert 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.

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.

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.

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.

begin delete

Existing

end delete

begin insert(5)end insertbegin insertend insertbegin insertExistingend insert 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.

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.

begin delete

Existing

end delete

begin insert(6)end insertbegin insertend insertbegin insertExistingend insert 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.

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

begin delete

Existing

end delete

begin insert(7)end insertbegin insertend insertbegin insertExistingend insert 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.

begin delete

Existing

end delete

begin insert(8)end insertbegin insertend insertbegin insertExistingend insert 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.

begin delete

The

end delete

begin insert(9)end insertbegin insertend insertbegin insertTheend insert 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.

begin delete

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 delete
begin delete

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 delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P4    1

SECTION 1.  

Section 144.5 is added to the Business and
2Professions Code
, to read:

3

144.5.  

Notwithstanding any other law, a board described in
4Section 144 may request, and is authorized to receive, from a local
5or state agency certified records of all arrests and convictions,
6certified records regarding probation, and any and all other related
7documentation needed to complete an applicant or licensee
8investigation. A local or state agency may provide those records
9to the board upon request.

10

SEC. 2.  

Section 1000 of the Business and Professions Code is
11amended to read:

P5    1

1000.  

(a) The law governing practitioners of chiropractic is
2found in an initiative act entitled “An act prescribing the terms
3upon which licenses may be issued to practitioners of chiropractic,
4creating the State Board of Chiropractic Examiners and declaring
5its powers and duties, prescribing penalties for violation hereof,
6and repealing all acts and parts of acts inconsistent herewith,”
7adopted by the electors November 7, 1922.

8(b) The State Board of Chiropractic Examiners is within the
9Department of Consumer Affairs.

10(c) Notwithstanding any other law, the powers and duties of the
11State Board of Chiropractic Examiners, as set forth in this article
12and under the act creating the board, shall be subject to review by
13the appropriate policy committees of the Legislature. The review
14shall be performed as if this chapter were scheduled to be repealed
15as of January 1, 2018.

16

SEC. 3.  

Section 2450 of the Business and Professions Code is
17amended to read:

18

2450.  

There is a Board of Osteopathic Examiners of the State
19of California, established by the Osteopathic Act, which shall be
20known as the Osteopathic Medical Board of California which
21enforces this chapter relating to persons holding or applying for
22physician’s and surgeon’s certificates issued by the Osteopathic
23Medical Board of California under the Osteopathic Act.

24Persons who elect to practice using the term of suffix “M.D.,”
25as provided in Section 2275, shall not be subject to this article,
26and the Medical Board of California shall enforce the provisions
27of this chapter relating to persons who made the election.

28Notwithstanding any other law, the powers and duties of the
29Osteopathic Medical Board of California, as set forth in this article
30and under the Osteopathic Act, shall be subject to review by the
31appropriate policy committees of the Legislature. The review shall
32be performed as if this chapter were scheduled to be repealed as
33of January 1, 2018.

34

SEC. 4.  

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

36

2450.3.  

There is within the jurisdiction of the Osteopathic
37Medical Board of California a Naturopathic Medicine Committee
38authorized under the Naturopathic Doctors Act (Chapter 8.2
39(commencing with Section 3610)). This section shall become
40inoperative on January 1, 2018, and, as of that date is repealed,
P6    1unless a later enacted statute that is enacted before January 1, 2018,
2deletes or extends that date. Notwithstanding any other provision
3of law, the repeal of this section renders the Naturopathic Medicine
4Committee subject to review by the appropriate policy committees
5of the Legislature.

6

SEC. 5.  

Section 2530.2 of the Business and Professions Code
7 is amended to read:

8

2530.2.  

As used in this chapter, unless the context otherwise
9requires:

10(a) “Board” means the Speech-Language Pathology and
11Audiology and Hearing Aid Dispensers Board.

12(b) “Person” means any individual, partnership, corporation,
13limited liability company, or other organization or combination
14thereof, except that only individuals can be licensed under this
15chapter.

16(c) A “speech-language pathologist” is a person who practices
17speech-language pathology.

18(d) The practice of speech-language pathology means all of the
19following:

20(1) The application of principles, methods, instrumental
21procedures, and noninstrumental procedures for measurement,
22testing, screening, evaluation, identification, prediction, and
23counseling related to the development and disorders of speech,
24voice, language, or swallowing.

25(2) The application of principles and methods for preventing,
26planning, directing, conducting, and supervising programs for
27habilitating, rehabilitating, ameliorating, managing, or modifying
28disorders of speech, voice, language, or swallowing in individuals
29or groups of individuals.

30(3) Conducting hearing screenings.

31(4) Performing suctioning in connection with the scope of
32practice described in paragraphs (1) and (2), after compliance with
33a medical facility’s training protocols on suctioning procedures.

34(e) (1) Instrumental procedures referred to in subdivision (d)
35are the use of rigid and flexible endoscopes to observe the
36pharyngeal and laryngeal areas of the throat in order to observe,
37collect data, and measure the parameters of communication and
38swallowing as well as to guide communication and swallowing
39assessment and therapy.

P7    1(2) Nothing in this subdivision shall be construed as a diagnosis.
2Any observation of an abnormality shall be referred to a physician
3and surgeon.

4(f) A licensed speech-language pathologist shall not perform a
5flexible fiberoptic nasendoscopic procedure unless he or she has
6received written verification from an otolaryngologist certified by
7the American Board of Otolaryngology that the speech-language
8pathologist has performed a minimum of 25 flexible fiberoptic
9nasendoscopic procedures and is competent to perform these
10procedures. The speech-language pathologist shall have this written
11verification on file and readily available for inspection upon request
12by the board. A speech-language pathologist shall pass a flexible
13fiberoptic nasendoscopic instrument only under the direct
14authorization of an otolaryngologist certified by the American
15Board of Otolaryngology and the supervision of a physician and
16surgeon.

17(g) A licensed speech-language pathologist shall only perform
18flexible endoscopic procedures described in subdivision (e) in a
19setting that requires the facility to have protocols for emergency
20medical backup procedures, including a physician and surgeon or
21other appropriate medical professionals being readily available.

22(h) “Speech-language pathology aide” means any person
23meeting the minimum requirements established by the board, who
24works directly under the supervision of a speech-language
25pathologist.

26(i) (1) “Speech-language pathology assistant” means a person
27who meets the academic and supervised training requirements set
28forth by the board and who is approved by the board to assist in
29the provision of speech-language pathology under the direction
30and supervision of a speech-language pathologist who shall be
31responsible for the extent, kind, and quality of the services provided
32by the speech-language pathology assistant.

33(2) The supervising speech-language pathologist employed or
34contracted for by a public school may hold a valid and current
35license issued by the board, a valid, current, and professional clear
36clinical or rehabilitative services credential in language, speech,
37and hearing issued by the Commission on Teacher Credentialing,
38or other credential authorizing service in language, speech, and
39hearing issued by the Commission on Teacher Credentialing that
40is not issued on the basis of an emergency permit or waiver of
P8    1requirements. For purposes of this paragraph, a “clear” credential
2is a credential that is not issued pursuant to a waiver or emergency
3permit and is as otherwise defined by the Commission on Teacher
4Credentialing. Nothing in this section referring to credentialed
5supervising speech-language pathologists expands existing
6exemptions from licensing pursuant to Section 2530.5.

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

8(k) “The practice of audiology” means the application of
9principles, methods, and procedures of measurement, testing,
10appraisal, prediction, consultation, counseling, instruction related
11to auditory, vestibular, and related functions and the modification
12of communicative disorders involving speech, language, auditory
13behavior or other aberrant behavior resulting from auditory
14dysfunction; and the planning, directing, conducting, supervising,
15or participating in programs of identification of auditory disorders,
16hearing conservation, cerumen removal, aural habilitation, and
17rehabilitation, including, hearing aid recommendation and
18evaluation procedures including, but not limited to, specifying
19amplification requirements and evaluation of the results thereof,
20auditory training, and speech reading, and the selling of hearing
21aids.

22(l) A “dispensing audiologist” is a person who is authorized to
23sell hearing aids pursuant to his or her audiology license.

24(m) “Audiology aide” means any person meeting the minimum
25requirements established by the board. An audiology aid may not
26perform any function that constitutes the practice of audiology
27unless he or she is under the supervision of an audiologist. The
28board may by regulation exempt certain functions performed by
29an industrial audiology aide from supervision provided that his or
30her employer has established a set of procedures or protocols that
31the aide shall follow in performing these functions.

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

33(o) A “hearing screening” performed by a speech-language
34pathologist means a binary puretone screening at a preset intensity
35level for the purpose of determining if the screened individuals
36are in need of further medical or audiological evaluation.

37(p) “Cerumen removal” means the nonroutine removal of
38cerumen within the cartilaginous ear canal necessary for access in
39performance of audiological procedures that shall occur under
40physician and surgeon supervision. Cerumen removal, as provided
P9    1by this section, shall only be performed by a licensed audiologist.
2Physician and surgeon supervision shall not be construed to require
3the physical presence of the physician, but shall include all of the
4following:

5(1) Collaboration on the development of written standardized
6protocols. The protocols shall include a requirement that the
7supervised audiologist immediately refer to an appropriate
8physician any trauma, including skin tears, bleeding, or other
9pathology of the ear discovered in the process of cerumen removal
10as defined in this subdivision.

11(2) Approval by the supervising physician of the written
12standardized protocol.

13(3) The supervising physician shall be within the general
14vicinity, as provided by the physician-audiologist protocol, of the
15supervised audiologist and available by telephone contact at the
16time of cerumen removal.

17(4) A licensed physician and surgeon may not simultaneously
18supervise more than two audiologists for purposes of cerumen
19removal.

20

SEC. 6.  

Section 2531 of the Business and Professions Code is
21amended to read:

22

2531.  

(a) There is in the Department of Consumer Affairs the
23Speech-Language Pathology and Audiology and Hearing Aid
24Dispensers Board in which the enforcement and administration of
25this chapter are vested. The Speech-Language Pathology and
26Audiology and Hearing Aid Dispensers Board shall consist of nine
27members, three of whom shall be public members.

28(b) This section shall remain in effect only until January 1, 2018,
29and as of that date is repealed, unless a later enacted statute, that
30is enacted before January 1, 2018, deletes or extends that date.
31Notwithstanding any other law, the repeal of this section renders
32the board subject to review by the appropriate policy committees
33of the Legislature.

34

SEC. 7.  

Section 2531.75 of the Business and Professions Code
35 is amended to read:

36

2531.75.  

(a) The board may appoint a person exempt from
37civil service who shall be designated as an executive officer and
38who shall exercise the powers and perform the duties delegated
39by the board and vested in him or her by this chapter.

P10   1(b) This section shall remain in effect only until January 1, 2018,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2018, deletes or extends that date.

4

SEC. 8.  

Section 2533 of the Business and Professions Code is
5amended to read:

6

2533.  

The board may refuse to issue, or issue subject to terms
7and conditions, a license on the grounds specified in Section 480,
8or may suspend, revoke, or impose terms and conditions upon the
9license of any licensee for any of the following:

10(a) Conviction of a crime substantially related to the
11qualifications, functions, and duties of a speech-language
12pathologist or audiologist or hearing aid dispenser, as the case may
13be. The record of the conviction shall be conclusive evidence
14thereof.

15(b) Securing a license by fraud or deceit.

16(c) (1) The use or administering to himself or herself of any
17controlled substance; (2) the use of any of the dangerous drugs
18specified in Section 4022, or of alcoholic beverages, to the extent
19or in a manner as to be dangerous or injurious to the licensee, to
20any other person, or to the public, or to the extent that the use
21impairs the ability of the licensee to practice speech-language
22pathology or audiology safely; (3) more than one misdemeanor or
23any felony involving the use, consumption, or self-administration
24of any of the substances referred to in this section; or (4) any
25combination of paragraph (1), (2), or (3). The record of the
26conviction shall be conclusive evidence of unprofessional conduct.

27(d) Advertising in violation of Section 17500. Advertising an
28academic degree that was not validly awarded or earned under the
29laws of this state or the applicable jurisdiction in which it was
30 issued is deemed to constitute a violation of Section 17500.

31(e) Committing a dishonest or fraudulent act that is substantially
32related to the qualifications, functions, or duties of a licensee.

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

34(g) Other acts that have endangered or are likely to endanger
35the health, welfare, and safety of the public.

36(h) Use by a hearing aid dispenser of the term “doctor” or
37“physician” or “clinic” or “audiologist,” or any derivation thereof,
38except as authorized by law.

P11   1(i) The use, or causing the use, of any advertising or promotional
2literature in a manner that has the capacity or tendency to mislead
3or deceive purchasers or prospective purchasers.

4(j) Any cause that would be grounds for denial of an application
5for a license.

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

7(l) Violation of a term or condition of a probationary order of
8a license issued by the board pursuant to Chapter 5 (commencing
9with Section 11500) of Part 1 of Division 3 of Title 2 of the
10Government Code.

11

SEC. 9.  

Section 2570.19 of the Business and Professions Code
12 is amended to read:

13

2570.19.  

(a) There is hereby created a California Board of
14Occupational Therapy, hereafter referred to as the board. The board
15shall enforce and administer this chapter.

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

17(1) Three occupational therapists who shall have practiced
18occupational therapy for five years.

19(2) One occupational therapy assistant who shall have assisted
20in the practice of occupational therapy for five years.

21(3) Three public members who shall not be licentiates of the
22board, of any other board under this division, or of any board
23referred to in Section 1000 or 3600.

24(c) The Governor shall appoint the three occupational therapists
25and one occupational therapy assistant to be members of the board.
26The Governor, the Senate Committee on Rules, and the Speaker
27of the Assembly shall each appoint a public member. Not more
28than one member of the board shall be appointed from the full-time
29faculty of any university, college, or other educational institution.

30(d) All members shall be residents of California at the time of
31their appointment. The occupational therapist and occupational
32therapy assistant members shall have been engaged in rendering
33occupational therapy services to the public, teaching, or research
34in occupational therapy for at least five years preceding their
35 appointments.

36(e) The public members may not be or have ever been
37occupational therapists or occupational therapy assistants or in
38training to become occupational therapists or occupational therapy
39assistants. The public members may not be related to, or have a
40household member who is, an occupational therapist or an
P12   1occupational therapy assistant, and may not have had, within two
2years of the appointment, a substantial financial interest in a person
3regulated by the board.

4(f) The Governor shall appoint two board members for a term
5of one year, two board members for a term of two years, and one
6board member for a term of three years. Appointments made
7thereafter shall be for four-year terms, but no person shall be
8appointed to serve more than two consecutive terms. Terms shall
9begin on the first day of the calendar year and end on the last day
10of the calendar year or until successors are appointed, except for
11the first appointed members who shall serve through the last
12calendar day of the year in which they are appointed, before
13 commencing the terms prescribed by this section. Vacancies shall
14be filled by appointment for the unexpired term. The board shall
15annually elect one of its members as president.

16(g) The board shall meet and hold at least one regular meeting
17annually in the Cities of Sacramento, Los Angeles, and San
18Francisco. The board may convene from time to time until its
19business is concluded. Special meetings of the board may be held
20at any time and place designated by the board.

21(h) Notice of each meeting of the board shall be given in
22accordance with the Bagley-Keene Open Meeting Act (Article 9
23(commencing with Section 11120) of Chapter 1 of Part 1 of
24Division 3 of Title 2 of the Government Code).

25(i) Members of the board shall receive no compensation for
26their services, but shall be entitled to reasonable travel and other
27 expenses incurred in the execution of their powers and duties in
28accordance with Section 103.

29(j) The appointing power shall have the power to remove any
30member of the board from office for neglect of any duty imposed
31by state law, for incompetency, or for unprofessional or
32dishonorable conduct.

33(k) This section shall remain in effect only until January 1, 2018,
34and as of that date is repealed, unless a later enacted statute, that
35is enacted before January 1, 2018, deletes or extends that date.
36Notwithstanding any other law, the repeal of this section renders
37the board subject to review by the appropriate policy committees
38of the Legislature.

39

SEC. 10.  

Section 2602 of the Business and Professions Code
40 is amended to read:

P13   1

2602.  

The Physical Therapy Board of California, hereafter
2referred to as the board, shall enforce and administer this chapter.

3This section shall remain in effect only until January 1, 2018,
4and as of that date is repealed, unless a later enacted statute, that
5is enacted before January 1, 2018, deletes or extends that date.

6Notwithstanding any other provision of law, the repeal of this
7section renders the board subject to review by the appropriate
8policy committees of the Legislature.

9

SEC. 11.  

Section 2607.5 of the Business and Professions Code
10 is amended to read:

11

2607.5.  

(a) The board may appoint a person exempt from civil
12service who shall be designated as an executive officer and who
13shall exercise the powers and perform the duties delegated by the
14board and vested in him or her by this chapter.

15(b) 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.

18

SEC. 12.  

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

20

3010.5.  

(a) There is in the Department of Consumer Affairs
21a State Board of Optometry in which the enforcement of this
22chapter is vested. The board consists of 11 members, five of whom
23shall be public members.

24Six members of the board shall constitute a quorum.

25(b) The board shall, with respect to conducting investigations,
26inquiries, and disciplinary actions and proceedings, have the
27authority previously vested in the board as created pursuant to
28Section 3010. The board may enforce any disciplinary actions
29undertaken by that board.

30(c) This section shall remain in effect only until January 1, 2018,
31and as of that date is repealed, unless a later enacted statute, that
32is enacted before January 1, 2018, deletes or extends that date.
33Notwithstanding any other law, the repeal of this section renders
34the board subject to review by the appropriate policy committees
35of the Legislature.

36

SEC. 13.  

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

38

3014.6.  

(a) The board may appoint a person exempt from civil
39service who shall be designated as an executive officer and who
P14   1shall exercise the powers and perform the duties delegated by the
2board and vested in him or her by this chapter.

3(b) This section shall remain in effect only until January 1, 2018,
4and as of that date is repealed, unless a later enacted statute, that
5is enacted before January 1, 2018, deletes or extends that date.

6

SEC. 14.  

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

8

3685.  

Notwithstanding any other law, the repeal of this chapter
9renders the committee subject to review by the appropriate policy
10committees of the Legislature.

11

SEC. 15.  

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

13

3686.  

This chapter shall remain in effect only until January 1,
142018, and as of that date is repealed, unless a later enacted statute,
15that is enacted before January 1, 2018, deletes or extends that date.

16

SEC. 16.  

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

18

3710.  

(a) The Respiratory Care Board of California, hereafter
19referred to as the board, shall enforce and administer this chapter.

20(b) This section shall remain in effect only until January 1, 2018,
21and as of that date is repealed, unless a later enacted statute, that
22is enacted before January 1, 2018, deletes or extends that date.
23Notwithstanding any other law, the repeal of this section renders
24the board subject to review by the appropriate policy committees
25of the Legislature.

26

SEC. 17.  

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

28

3716.  

The board may employ an executive officer exempt from
29civil service and, subject to the provisions of law relating to civil
30service, clerical assistants and, except as provided in Section 159.5,
31other employees as it may deem necessary to carry out its powers
32and duties.

33This section shall remain in effect only until January 1, 2018,
34and as of that date is repealed, unless a later enacted statute, that
35is enacted before January 1, 2018, deletes or extends that date.

36

SEC. 18.  

Section 3765 of the Business and Professions Code
37 is amended to read:

38

3765.  

This act does not prohibit any of the following activities:

P15   1(a) The performance of respiratory care that is an integral part
2of the program of study by students enrolled in approved
3respiratory therapy training programs.

4(b) Self-care by the patient or the gratuitous care by a friend or
5member of the family who does not represent or hold himself or
6herself out to be a respiratory care practitioner licensed under the
7provisions of this chapter.

8(c) The respiratory care practitioner from performing advances
9in the art and techniques of respiratory care learned through formal
10or specialized training.

11(d) The performance of respiratory care in an emergency
12situation by paramedical personnel who have been formally trained
13in these modalities and are duly licensed under the provisions of
14an act pertaining to their speciality.

15(e) Respiratory care services in case of an emergency.
16“Emergency,” as used in this subdivision, includes an epidemic
17or public disaster.

18(f) Persons from engaging in cardiopulmonary research.

19(g) Formally trained licensees and staff of child day care
20facilities from administering to a child inhaled medication as
21defined in Section 1596.798 of the Health and Safety Code.

22(h) The performance by a person employed by a home medical
23device retail facility or by a home health agency licensed by the
24State Department of Public Health of specific, limited, and basic
25respiratory care or respiratory care related services that have been
26authorized by the board.

27(i) The performance of pulmonary function testing by persons
28who are currently employed by Los Angeles County hospitals and
29have performed pulmonary function testing for at least 15 years.

begin delete
30

SEC. 19.  

Section 4938 of the Business and Professions Code
31 is amended to read:

32

4938.  

The board shall issue a license to practice acupuncture
33to any person who makes an application and meets the following
34requirements:

35(a) Is at least 18 years of age.

36(b) Furnishes satisfactory evidence of completion of one of the
37following:

38(1) An educational and training program approved by the board
39pursuant to Section 4939.

P16   1(2) Satisfactory completion of a tutorial program in the practice
2of an acupuncturist which is approved by the board.

3(3) In the case of an applicant who has completed education
4and training outside the United States and Canada, documented
5educational training and clinical experience which meets the
6standards established pursuant to Sections 4939 and 4941.

7(c) Passes a written examination administered by the board or,
8beginning on January 1, 2015, passes an examination or
9examinations administered by the National Certification
10Commission for Acupuncture and Oriental Medicine (NCCAOM),
11provided that the office of Professional Exam Services of the
12Department of Consumer Affairs determines that the examination
13or examinations administered by NCCAOM comply with Section
14139. The examinations shall test the applicant’s ability,
15competency, and knowledge in the practice of an acupuncturist.
16The written examination administered by the board shall be
17developed by the Office of Professional Examination Services.

18(d) Is not subject to denial pursuant to Division 1.5 (commencing
19with Section 475).

20(e) Completes a clinical internship training program approved
21by the board. The clinical internship training program shall not
22exceed nine months in duration and shall be located in a clinic in
23this state, which is approved by the board pursuant to Section 4939.
24The length of the clinical internship shall depend upon the grades
25received in the examination and the clinical training already
26satisfactorily completed by the individual prior to taking the
27examination. On and after January 1, 1987, individuals with 800
28or more hours of documented clinical training shall be deemed to
29have met this requirement. The purpose of the clinical internship
30training program shall be to ensure a minimum level of clinical
31competence.

32Each applicant who qualifies for a license shall pay, as a
33condition precedent to its issuance and in addition to other fees
34required, the initial licensure fee.

35

SEC. 20.  

Section 4939 of the Business and Professions Code
36 is amended to read:

37

4939.  

(a) The board shall establish standards for the approval
38of schools and colleges offering education and training in the
39practice of an acupuncturist, including standards for the faculty in
P17   1those schools and colleges and tutorial programs, completion of
2which will satisfy the requirements of Section 4938.

3(b) Standards for the approval of training programs shall include
4a minimum of 3,000 hours of study in curriculum pertaining to the
5practice of an acupuncturist. This subdivision shall apply to all
6students entering programs on or after January 1, 2005.

7(c) Beginning January 1, 2017, all training programs approved
8by the board shall be accredited by the Accrediting Commission
9for Acupuncture and Oriental Medicine.

10(d) Within three years of initial approval by the board, each
11program so approved by the board shall receive full institutional
12approval under Article 6 (commencing with Section 94885) of
13Chapter 8 of Part 59 of Division 10 of Title 3 of the Education
14Code in the field of traditional Asian medicine, or in the case of
15institutions located outside of this state, approval by the appropriate
16governmental educational authority using standards equivalent to
17those of Article 6 (commencing with Section 94885) of Chapter
188 of Part 59 of Division 10 of Title 3 of the Education Code, or
19the board’s approval of the program shall automatically lapse.

end delete
20

begin deleteSEC. 21.end delete
21begin insertSEC. 19.end insert  

The Legislature finds and declares that a special law,
22as set forth in Section 18 of this act, is necessary and that a general
23law cannot be made applicable within the meaning of Section 16
24of Article IV of the California Constitution because of the unique
25circumstances relating to persons who are currently employed by
26Los Angeles County hospitals and have performed pulmonary
27function testing for at least 15 years.



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