BILL NUMBER: SB 306 INTRODUCED
BILL TEXT
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those provisions were scheduled to be repealed on January 1, 2018.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. 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. 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,
2014, 2018, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2014, 2018, deletes or
extends that date. The Notwithstanding any
other law, th e repeal of this section renders the
board subject to the review required by Division 1.2
(commencing with Section 473). review by the
appropriate policy committees of the Legislature.
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,
2014, 2018, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2014, 2018, 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,
2014, 2018, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2014, 2018, deletes or
extends that date. The Notwithstanding any
other law, the repeal of this section renders the board subject
to the review required by Division 1.2 (commencing with
Section 473). review by the appropriate policy
committees of the Legislature.