BILL NUMBER: SB 305 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 10, 2013
PASSED THE ASSEMBLY SEPTEMBER 9, 2013
AMENDED IN ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY AUGUST 5, 2013
AMENDED IN ASSEMBLY JUNE 19, 2013
AMENDED IN ASSEMBLY JUNE 14, 2013
AMENDED IN SENATE APRIL 25, 2013
AMENDED IN SENATE APRIL 15, 2013
INTRODUCED BY Senator Lieu
(Principal coauthor: Assembly Member Gordon)
(Coauthor: Assembly Member Bonilla)
FEBRUARY 15, 2013
An act to amend Sections 1000, 2450, 2450.3, 2530.2, 2531,
2531.06, 2531.75, 2532.6, 2533, 2570.19, 3010.5, 3014.6, 3046, 3056,
3057, 3110, 3685, 3686, 3710, 3716, and 3765 of, and to add Sections
144.5 and 3090.5 to, the Business and Professions Code, relating to
healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 305, Lieu. Healing arts: boards.
(1) 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.
(2) 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.
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to be repealed on January 1, 2018.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.
(3) 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be performed as if these provisions were scheduled to be repealed as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.
(4) 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.
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
or a term or condition of a conditional license issued by the board,
as provided. The bill would also delete an obsolete provision and
make other technical changes.
(5) 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.
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.
(6) 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.
(7) 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.
(8) The Optometry Practice Act prescribes license eligibility
requirements, including, but not limited to, not having been
convicted of a crime, as specified. The act defines unprofessional
conduct to include, committing or soliciting an act punishable as a
sexually related crime, if that act or solicitation is substantially
related to the qualifications, functions, or duties of an
optometrist. Under the act, the board may take action against a
licensee who is charged with unprofessional conduct, and may deny an
application for a license if the applicant has committed an act of
unprofessional conduct. Under existing law, commission of any act of
sexual abuse, misconduct, or relations with a patient, client, or
customer constitutes unprofessional conduct and grounds for
disciplinary action against any healing arts licensee, subject to a
specified exception for a physician and surgeon.
This bill would add to the license eligibility requirements under
the act that the applicant is not currently required to register as a
sex offender, as specified. The bill would make conviction of a
crime that currently requires a licensee to register as a sex
offender unprofessional conduct and would expressly specify that
commission of an act of sexual abuse or misconduct, as specified,
constitutes unprofessional conduct, subject to an exception for an
optometrist treating his or her spouse or person in an equivalent
domestic relationship. The bill would also state that those acts of
unprofessional conduct shall be considered crimes substantially
related to the qualifications, functions, or duties of a licensee.
The bill would also expressly specify that the board may revoke a
license if the licensee has been found, in an administrative
proceeding, as specified, to have been convicted of sexual misconduct
or convicted of a crime that currently requires the licensee to
register as a sex offender.
(9) 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.
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 1000 of the Business and Professions Code is
amended to read:
1000. (a) 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.
(b) The State Board of Chiropractic Examiners is within the
Department of Consumer Affairs.
(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.
SEC. 3. 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. 4. 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. 5. Section 2530.2 of the Business and Professions Code is
amended to read:
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.
(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 fiber optic 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 fiber optic
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 fiber optic 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.
SEC. 6. Section 2531 of the Business and Professions Code is
amended to read:
2531. (a) There is in the Department of Consumer Affairs the
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,
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. 7. Section 2531.06 of the Business and Professions Code is
amended to read:
2531.06. (a) The board is vested with the duties, powers,
purposes, responsibilities, and jurisdiction over the licensing and
regulation of hearing aid dispensers as provided under Article 8
(commencing with Section 2538.10).
(b) In the performance of the duties and the exercise of the
powers vested in the board under this chapter, the board may consult
with hearing aid dispenser industry representatives.
(c) For the performance of the duties and the exercise of the
powers vested in the board under this chapter, the board shall have
possession and control of all records, papers, offices, equipment,
supplies, or other property, real or personal, held for the benefit
or use by the former Hearing Aid Dispensers Bureau.
(d) All regulations in Division 13.3 (commencing with Section
1399.100) of Title 16 of the California Code of Regulations are
continued in existence under the administration of the board until
repealed by regulation.
SEC. 8. Section 2531.75 of the Business and Professions Code is
amended to read:
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,
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. Section 2532.6 of the Business and Professions Code is
amended to read:
2532.6. (a) The Legislature recognizes that the education and
experience requirements of this chapter constitute only minimal
requirements to assure the public of professional competence. The
Legislature encourages all professionals licensed and registered by
the board under this chapter to regularly engage in continuing
professional development and learning that is related and relevant to
the professions of speech-language pathology and audiology.
(b) The board shall not renew any license or registration pursuant
to this chapter unless the applicant certifies to the board that he
or she has completed in the preceding two years not less than the
minimum number of continuing professional development hours
established by the board pursuant to subdivision (c) for the
professional practice authorized by his or her license or
registration.
(c) (1) The board shall prescribe the forms utilized for and the
number of hours of required continuing professional development for
persons licensed or registered under this chapter.
(2) The board shall have the right to audit the records of any
applicant to verify the completion of the continuing professional
development requirements.
(3) Applicants shall maintain records of completion of required
continuing professional development coursework for a minimum of two
years and shall make these records available to the board for
auditing purposes upon request.
(d) The board shall establish exceptions from the continuing
professional development requirements of this section for good cause
as defined by the board.
(e) (1) The continuing professional development services shall be
obtained from accredited institutions of higher learning,
organizations approved as continuing education providers by either
the American Speech-Language Hearing Association or the American
Academy of Audiology, the California Medical Association's Institute
for Medical Quality Continuing Medical Education Program, or other
entities or organizations approved as continuing professional
development providers by the board, in its discretion.
(2) No hours shall be credited for any course enrolled in by a
licensee that has not first been approved and certified by the board,
if the board has sufficient funding and staff resources to implement
the approval and certification process.
(3) The continuing professional development services offered by
these entities may, but are not required to, utilize pretesting and
posttesting or other evaluation techniques to measure and demonstrate
improved professional learning and competency.
(4) An accredited institution of higher learning, an organization
approved as continuing education providers by either the American
Speech-Language Hearing Association or the American Academy of
Audiology, and the California Medical Association's Institute for
Medical Quality Continuing Education Program shall be exempt from any
application or registration fees that the board may charge for
continuing education providers.
(5) Unless a course offered by entities listed in paragraph (4)
meets the requirements established by the board, the course may not
be credited towards the continuing professional development
requirements for license renewal.
(6) The licensee shall be responsible for obtaining the required
course completion documents for courses offered by entities specified
in paragraph (1).
(f) The board, by regulation, shall fund the administration of
this section through professional development services provider and
licensing fees to be deposited in the Speech-Language Pathology and
Audiology Board Fund. The fees related to the administration of this
section shall be sufficient to meet, but shall not exceed, the costs
of administering the corresponding provisions of this section.
(g) The continuing professional development requirements adopted
by the board shall comply with any guidelines for mandatory
continuing education established by the Department of Consumer
Affairs.
SEC. 10. Section 2533 of the Business and Professions Code is
amended to read:
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 of any
controlled substance.
(2) The use of any of the dangerous drugs specified in Section
4022, or of alcoholic beverages, to the extent 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.
(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.
(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.
(m) Violation of a term or condition of a conditional license
issued by the board pursuant to this section.
SEC. 11. Section 2570.19 of the Business and Professions Code is
amended to read:
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,
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. 12. 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. 13. 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. 14. Section 3046 of the Business and Professions Code is
amended to read:
3046. In order to obtain a license to practice optometry in
California, an applicant shall have graduated from an accredited
school of optometry, passed the required examinations for licensure,
not have met any of the grounds for denial established in Section
480, and not be currently required to register as a sex offender
pursuant to Section 290 of the Penal Code. The proceedings under this
section shall be in accordance with Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code.
SEC. 15. Section 3056 of the Business and Professions Code is
amended to read:
3056. (a) The board may issue a license to practice optometry to
a person who meets all of the following qualifications:
(1) Has a degree as a doctor of optometry issued by an accredited
school or college of optometry.
(2) Is currently licensed in another state.
(3) Is currently a full-time faculty member of an accredited
California school or college of optometry and has served in that
capacity for a period of at least five continuous years.
(4) Has attained, at an accredited California school or college of
optometry, the academic rank of professor, associate professor, or
clinical professor,
except that the status of adjunct or affiliated faculty member shall
not be deemed sufficient.
(5) Has successfully passed the board's jurisprudence examination.
(6) Is in good standing, with no past or pending malpractice
awards or judicial or administrative actions.
(7) Has met the minimum continuing education requirements set
forth in Section 3059 for the current and preceding year.
(8) Has met the requirements of Section 3041.3 regarding the use
of therapeutic pharmaceutical agents under subdivision (e) of Section
3041.
(9) Has never had his or her license to practice optometry revoked
or suspended.
(10) (A) Is not subject to denial based on any of the grounds
listed in Section 480.
(B) Is not currently required to register as a sex offender
pursuant to Section 290 of the Penal Code.
(11) Pays an application fee in an amount equal to the application
fee prescribed by the board pursuant to Section 3152.
(12) Files an application on a form prescribed by the board.
(b) Any license issued pursuant to this section shall expire as
provided in Section 3146, and may be renewed as provided in this
chapter, subject to the same conditions as other licenses issued
under this chapter.
(c) The term "in good standing," as used in this section, means
that a person under this section:
(1) Is not currently under investigation nor has been charged with
an offense for any act substantially related to the practice of
optometry by any public agency, nor entered into any consent
agreement or subject to an administrative decision that contains
conditions placed by an agency upon a person's professional conduct
or practice, including any voluntary surrender of license, nor been
the subject of an adverse judgment resulting from the practice of
optometry that the board determines constitutes evidence of a pattern
of incompetence or negligence.
(2) Has no physical or mental impairment related to drugs or
alcohol, and has not been found mentally incompetent by a physician
so that the person is unable to undertake the practice of optometry
in a manner consistent with the safety of a patient or the public.
SEC. 16. Section 3057 of the Business and Professions Code is
amended to read:
3057. (a) The board may issue a license to practice optometry to
a person who meets all of the following requirements:
(1) Has a degree as a doctor of optometry issued by an accredited
school or college of optometry.
(2) Has successfully passed the licensing examination for an
optometric license in another state.
(3) Submits proof that he or she is licensed in good standing as
of the date of application in every state where he or she holds a
license, including compliance with continuing education requirements.
(4) Submits proof that he or she has been in active practice in a
state in which he or she is licensed for a total of at least 5,000
hours in five of the seven consecutive years immediately preceding
the date of his or her application under this section.
(5) Is not subject to disciplinary action as set forth in
subdivision (h) of Section 3110. If the person has been subject to
disciplinary action, the board shall review that action to determine
if it presents sufficient evidence of a violation of this chapter to
warrant the submission of additional information from the person or
the denial of the application for licensure.
(6) Has furnished a signed release allowing the disclosure of
information from the Healthcare Integrity and Protection Data Bank
and, if applicable, the verification of registration status with the
federal Drug Enforcement Administration. The board shall review this
information to determine if it presents sufficient evidence of a
violation of this chapter to warrant the submission of additional
information from the person or the denial of the application for
licensure.
(7) Has never had his or her license to practice optometry revoked
or suspended.
(8) (A) Is not subject to denial of an application for licensure
based on any of the grounds listed in Section 480.
(B) Is not currently required to register as a sex offender
pursuant to Section 290 of the Penal Code.
(9) Has met the minimum continuing education requirements set
forth in Section 3059 for the current and preceding year.
(10) Has met the certification requirements of Section 3041.3 to
use therapeutic pharmaceutical agents under subdivision (e) of
Section 3041.
(11) Submits any other information as specified by the board to
the extent it is required for licensure by examination under this
chapter.
(12) Files an application on a form prescribed by the board, with
an acknowledgment by the person executed under penalty of perjury and
automatic forfeiture of license, of the following:
(A) That the information provided by the person to the board is
true and correct, to the best of his or her knowledge and belief.
(B) That the person has not been convicted of an offense involving
conduct that would violate Section 810.
(13) Pays an application fee in an amount equal to the application
fee prescribed pursuant to subdivision (a) of Section 3152.
(14) Has successfully passed the board's jurisprudence
examination.
(b) If the board finds that the competency of a candidate for
licensure pursuant to this section is in question, the board may
require the passage of a written, practical, or clinical exam or
completion of additional continuing education or coursework.
(c) In cases where the person establishes, to the board's
satisfaction, that he or she has been displaced by a federally
declared emergency and cannot relocate to his or her state of
practice within a reasonable time without economic hardship, the
board is authorized to do both of the following:
(1) Approve an application where the person's time in active
practice is less than that specified in paragraph (4) of subdivision
(a), if a sufficient period in active practice can be verified by the
board and all other requirements of subdivision (a) are satisfied by
the person.
(2) Reduce or waive the fees required by paragraph (13) of
subdivision (a).
(d) Any license issued pursuant to this section shall expire as
provided in Section 3146, and may be renewed as provided in this
chapter, subject to the same conditions as other licenses issued
under this chapter.
(e) The term "in good standing," as used in this section, means
that a person under this section:
(1) Is not currently under investigation nor has been charged with
an offense for any act substantially related to the practice of
optometry by any public agency, nor entered into any consent
agreement or subject to an administrative decision that contains
conditions placed by an agency upon a person's professional conduct
or practice, including any voluntary surrender of license, nor been
the subject of an adverse judgment resulting from the practice of
optometry that the board determines constitutes evidence of a pattern
of incompetence or negligence.
(2) Has no physical or mental impairment related to drugs or
alcohol, and has not been found mentally incompetent by a physician
so that the person is unable to undertake the practice of optometry
in a manner consistent with the safety of a patient or the public.
SEC. 17. Section 3090.5 is added to the Business and Professions
Code, to read:
3090.5. The board may revoke a license issued to a licensee upon
a decision, made in a proceeding as provided in Section 3092, that
contains a finding of fact of either of the following:
(a) The licensee has engaged in an act of sexual abuse,
misconduct, or relations with a patient, as described in paragraph
(2) of subdivision (m) of Section 3110.
(b) The licensee has been convicted of a crime described in
paragraph (3) of subdivision (m) of Section 3110.
SEC. 18. Section 3110 of the Business and Professions Code is
amended to read:
3110. The board may take action against any licensee who is
charged with unprofessional conduct, and may deny an application for
a license if the applicant has committed unprofessional conduct. In
addition to other provisions of this article, unprofessional conduct
includes, but is not limited to, the following:
(a) Violating or attempting to violate, directly or indirectly
assisting in or abetting the violation of, or conspiring to violate
any provision of this chapter or any of the rules and regulations
adopted by the board pursuant to this chapter.
(b) Gross negligence.
(c) Repeated negligent acts. To be repeated, there must be two or
more negligent acts or omissions.
(d) Incompetence.
(e) The commission of fraud, misrepresentation, or any act
involving dishonesty or corruption, that is substantially related to
the qualifications, functions, or duties of an optometrist.
(f) Any action or conduct that would have warranted the denial of
a license.
(g) The use of advertising relating to optometry that violates
Section 651 or 17500.
(h) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action against a health care professional
license by another state or territory of the United States, by any
other governmental agency, or by another California health care
professional licensing board. A certified copy of the decision or
judgment shall be conclusive evidence of that action.
(i) Procuring his or her license by fraud, misrepresentation, or
mistake.
(j) Making or giving any false statement or information in
connection with the application for issuance of a license.
(k) Conviction of a felony or of any offense substantially related
to the qualifications, functions, and duties of an optometrist, in
which event the record of the conviction shall be conclusive evidence
thereof.
(l) Administering to himself or herself any controlled substance
or using any of the dangerous drugs specified in Section 4022, or
using alcoholic beverages to the extent, or in a manner, as to be
dangerous or injurious to the person applying for a license or
holding a license under this chapter, or to any other person, or to
the public, or, to the extent that the use impairs the ability of the
person applying for or holding a license to conduct with safety to
the public the practice authorized by the license, or the conviction
of a misdemeanor or felony involving the use, consumption, or self
administration of any of the substances referred to in this
subdivision, or any combination thereof.
(m) (1) Committing or soliciting an act punishable as a sexually
related crime, if that act or solicitation is substantially related
to the qualifications, functions, or duties of an optometrist.
(2) Committing any act of sexual abuse, misconduct, or relations
with a patient. The commission of and conviction for any act of
sexual abuse, sexual misconduct, or attempted sexual misconduct,
whether or not with a patient, shall be considered a crime
substantially related to the qualifications, functions, or duties of
a licensee. This paragraph shall not apply to sexual contact between
any person licensed under this chapter and his or her spouse or
person in an equivalent domestic relationship when that licensee
provides optometry treatment to his or her spouse or person in an
equivalent domestic relationship.
(3) Conviction of a crime that currently requires the person to
register as a sex offender pursuant to Section 290 of the Penal Code.
A conviction within the meaning of this paragraph means a plea or
verdict of guilty or a conviction following a plea of nolo
contendere. A conviction described in this paragraph shall be
considered a crime substantially related to the qualifications,
functions, or duties of a licensee.
(n) Repeated acts of excessive prescribing, furnishing or
administering of controlled substances or dangerous drugs specified
in Section 4022, or repeated acts of excessive treatment.
(o) Repeated acts of excessive use of diagnostic or therapeutic
procedures, or repeated acts of excessive use of diagnostic or
treatment facilities.
(p) The prescribing, furnishing, or administering of controlled
substances or drugs specified in Section 4022, or treatment without a
good faith prior examination of the patient and optometric reason.
(q) The failure to maintain adequate and accurate records relating
to the provision of services to his or her patients.
(r) Performing, or holding oneself out as being able to perform,
or offering to perform, any professional services beyond the scope of
the license authorized by this chapter.
(s) The practice of optometry without a valid, unrevoked,
unexpired license.
(t) The employing, directly or indirectly, of any suspended or
unlicensed optometrist to perform any work for which an optometry
license is required.
(u) Permitting another person to use the licensee's optometry
license for any purpose.
(v) Altering with fraudulent intent a license issued by the board,
or using a fraudulently altered license, permit certification or any
registration issued by the board.
(w) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the board,
thereby risking transmission of blood borne infectious diseases from
optometrist to patient, from patient to patient, or from patient to
optometrist. In administering this subdivision, the board shall
consider the standards, regulations, and guidelines of the State
Department of Health Services developed pursuant to Section 1250.11
of the Health and Safety Code and the standards, guidelines, and
regulations pursuant to the California Occupational Safety and Health
Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of
the Labor Code) for preventing the transmission of HIV, hepatitis B,
and other blood borne pathogens in health care settings. As
necessary, the board may consult with the Medical Board of
California, the Board of Podiatric Medicine, the Board of Registered
Nursing, and the Board of Vocational Nursing and Psychiatric
Technicians, to encourage appropriate consistency in the
implementation of this subdivision.
(x) Failure or refusal to comply with a request for the clinical
records of a patient, that is accompanied by that patient's written
authorization for release of records to the board, within 15 days of
receiving the request and authorization, unless the licensee is
unable to provide the documents within this time period for good
cause.
(y) Failure to refer a patient to an appropriate physician in
either of the following circumstances:
(1) Where an examination of the eyes indicates a substantial
likelihood of any pathology that requires the attention of that
physician.
(2) As required by subdivision (c) of Section 3041.
SEC. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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 specialty.
(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 Public Health 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. 24. The Legislature finds and declares that a special law, as
set forth in Section 18 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.