Senate Bill No. 306

Introduced by Senator Price

February 15, 2013

An act to amend Sections 1000, 2531, 2531.75, and 2570.19 of the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

SB 306, as introduced, Price. Healing arts: boards.

The Chiropractic Act, an initiative measure approved by the electors on November 7, 1922, provides for the regulation and licensing 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 provide that the powers and duties of the State Board of Chiropractic Examiners, as provided, shall be subject to review by the appropriate policy committees of the Legislature as if those provisions were scheduled to be repealed on January 1, 2018.

Existing law establishes the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in the Department of Consumer Affairs and makes the board responsible for the licensure of speech-language pathologists, audiologists, and hearing aid dispensers. Existing law 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 Sunset Review and Committee prior to that repeal.

This bill would instead repeal those provisions on January 1, 2018, and would subject the board to review by the appropriate policy committees of the Legislature.

Existing law provides for the licensure and regulation of occupational therapists, as defined, by the California Board of Occupational Therapy within the Department of Consumer Affairs. Existing law repeals those provisions on January 1, 2014, and subjects the board to review by the Joint Sunset Review Committee prior to that repeal.

This bill would instead repeal those provisions on January 1, 2018, would subject the board to review by the appropriate policy committees of the Legislature.

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

1000.  

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 Notwithstanding any
other law, the powers and duties of the State Board of Chiropractic
Examiners, as set forth in this article and under the end insert begin insert 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

SEC. 2.  

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

2531.  

(a) There is in the Department of Consumer Affairs a
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, th end insert begin insert e end insert repeal of this
section renders the board subject to begin delete the review required by Division
1.2 (commencing with Section 473). end delete begin insert review by the appropriate
policy committees of the Legislature. end insert

SEC. 3.  

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, 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.

SEC. 4.  

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