SB 1243, as amended, Lieu. Professions and vocations.
(1) Under existing law, the Department of Consumer Affairs is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations. Existing law requires those agencies to hold public meetings and provide public notice of a meeting.
This bill would require each of those agencies to offer a person requesting to receive notice of a meeting the option to receive that notice by regular mail, email, or both regular mail and email, and would require the agency to comply with that request. The bill would require an agency that intends to Web cast a meeting, to provide notice of intent to Web cast the meeting.
(2) Existing law authorizes certain agencies within the department, upon investigation and with probable cause to believe that a person is advertising in a telephone directory with respect to the offering or performance of services, without being properly licensed by or registered with the agency, to issue a citation including an order of correction. Existing law authorizes those agencies to notify the Public Utilities Commission if a person does not comply with a final order of correction, and requires the commission to require the telephone corporation providing the telephone services to disconnect the service.
This bill would apply those provisions to all agencies that comprise the department, and would delete the requirement that the advertising appear in a telephone directory.
(3) Existing law imposes specified duties on the department and allows the department to levy a charge for the estimated administrative expenses in advance on a pro rata share basis against funds of an agency comprising the department.
This bill would require the department to
begin delete conduct a study of its system for prorating administrative expenses and toend delete submit begin delete aend delete report to the appropriate policy committees of the Legislature, on or before July 1, 2015, and on or before July 1 of each subsequent begin delete year, includingend delete the findings of the study begin delete and an accounting of the pro rata calculationend delete. The bill would also require the department, if it engages a third-party consultant to assess the department’s operations, to promptly, upon receipt of the consultant’s final report on that assessment, to submit that report to the appropriate policy committees of the Legislature including the entire study upon its completion.
The bill would require the department to develop
begin delete an enforcement academy, as specified, and to provide an opportunity for an employee of an agency comprising the department who performsend delete
enforcement functions to begin delete attend an enforcement academy, at least annually, to provide a solid, standard baseline ofend delete knowledge begin delete andend delete practices for all employees who perform enforcement functions.
(4) Existing law requires an agency comprising the department to investigate a consumer accusation or compliant against a licensee and, where appropriate, the agency is authorized to impose disciplinary action against a licensee. Under existing law, an agency comprising the department may refer a compliant to the Attorney General or Office of Administrative Hearings for further action. Existing law requires the Director of Consumer Affairs to submit an annual report to the Governor and the Legislature, on or before January 1, that includes information regarding consumer complaints and the action taken on those complaints.
This bill would require the director’s report to include specific, detailed information regarding those complaints and actions. The bill would require the
begin delete Attorney Generalend delete to submit a report to the department, the Governor, and the appropriate policy committees of the Legislature, on or before January 1, 2016, and on or before January 1 of each subsequent year, that includes specified information regarding the actions taken by the Office of begin delete the Attorney Generalend delete pertaining to accusations and cases relating to consumer complaints against a person whose profession or vocation is licensed by an agency comprising the department. begin delete The bill would require the Office of Administrative Hearings to submit a report to the same parties in the same timeframe as described above that includes actions taken by that office with respect to cases pertaining to those complaints.end delete
(5) Existing law requires a newly appointed member of a board comprising the department to, within one year of assuming office, complete a training and orientation program offered by the department.end delete
This bill would require the department to develop a board member mentor program to assign an experienced board member to mentor a new board member serving on a different board.end delete
Existing law regulates the practice of veterinary medicine. Existing law, until January 1, 2016, provides for a Veterinary Medical Board within the Department of Consumer Affairs. Existing law, until January 1, 2016, authorizes the board to appoint a person exempt from civil service to be designated as an executive officer of the board, as specified.
This bill would extend those provisions until January 1, 2017.
(7) Existing law regulates the practice of common interest development managers, and makes those provisions effective only until January 1, 2015.
This bill would extend the effectiveness of those provisions until January 1, 2019, and subject those provisions to review by the appropriate policy committees of the Legislature. The bill would also delete an obsolete reference.
(8) Existing law establishes the California Tax Education Council, a nonprofit organization, and requires the council to register and regulate tax preparers. Existing law makes those provisions effective only until January 1, 2015.
This bill would extend the effectiveness of those provisions until January 1, 2019.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 101.7 is added to the Business and
2Professions Code, to read:
(a) An agency within the department that is required
4to provide a written notice pursuant to subdivision (a) of Section
511125 Government Code, may provide that notice by regular mail,
6email, or by both regular mail and email. An agency shall give a
7person who requests a notice the option of receiving the notice by
8regular mail, email, or by both regular mail and electronic mail.
9The agency shall comply with the requester’s chosen form or forms
11(b) An agency that plans to Web cast a meeting shall include
12in the meeting notice required pursuant to subdivision (a) of Section
1311125 of the Government Code a statement of the board’s intent
14to Web cast the meeting. An agency may Web cast a meeting even
15if the agency fails to include that statement of intent in the notice.
(a) Notwithstanding any other provision of law, boards
2shall meet at least three times each calendar year. Boards shall
3meet at least once each calendar year in northern California and
4once each calendar year in southern California in order to facilitate
5participation by the public and its licensees.
6(b) The director at his or her discretion may exempt any board
7from the requirement in subdivision (a) upon a showing of good
8cause that the board is not able to meet at least three times in a
10(c) The director may call for a special meeting of the board
11when a board is not fulfilling its duties.
Section 149 of the Business and Professions Code is
25amended to read:
(a) If, upon investigation, an agency designated in Section
27101 has probable cause to believe that a person is advertising with
28respect to the offering or performance of services, without being
29properly licensed by or registered with the agency to offer or
30perform those services, the agency may issue a citation under
31Section 148 containing an order of correction that requires the
32violator to do both of the following:
33(1) Cease the unlawful advertising.
34(2) Notify the telephone company furnishing services to the
35violator to disconnect the telephone service furnished to any
36telephone number contained in the unlawful advertising.
action is stayed if the person to whom a citation is
38issued under subdivision (a) notifies the agency in writing that he
39or she intends to contest the citation. The agency shall afford an
40opportunity for a hearing, as specified in Section 125.9.
P6 1(c) If the person to whom a citation and order of correction is
2issued under subdivision (a) fails to comply with the order of
3correction after that order is final, the agency shall inform the
4Public Utilities Commission of the violation and the Public Utilities
5Commission shall require the telephone corporation furnishing
6services to that person to disconnect the telephone service furnished
7to any telephone number contained in the unlawful advertising.
8(d) The good faith compliance by a telephone corporation with
9an order of the Public Utilities Commission to terminate service
10issued pursuant to this section shall constitute a complete defense
11to any civil or criminal action brought against the telephone
12corporation arising from the termination of service.
Section 154.1 is added to the Business and Professions
14Code, to read:
(a) The Legislature hereby finds and declares all of the
17(1) The department is currently providing opportunities for
18employees of agencies comprising the department who perform
19enforcement functions to attend an enforcement
21(2) It is in the best interest of consumers in the state for the
22department to continue to provide
begin delete theseend delete
23 opportunities for employees performing enforcement functions
24for each agency comprising the department.
25(b) The department shall
begin delete provide an opportunity for an employee
26of an agency comprising the department who performsend delete
begin delete functions to attend an enforcement academy, knowledge
29at least annually, to provide a solid, standard baseline ofend delete
begin delete andend delete
31 practices for all employees who perform
32enforcement functions. The department shall encourage an agency
33executive officer, registrar, executive director, bureau chief,
34enforcement manager, supervisor, or staff member to attend
begin delete anend delete
begin delete academyend delete.
36(c) The department shall develop the enforcement
begin delete academyend delete
37 curricula in consultation and cooperation with the office
38of the Attorney General and the Office of Administrative Hearings.
begin delete The curricula shall include, but not be limited to, complaint intake,
40determining which cases should be referred for investigation,
P7 1preparing a case suitable for filing an accusation, and the
2Administrative Procedure Act.end delete
3(d) The department shall develop and implement a measure of
4training outcomes that includes a pretest and posttest of an
5employee’s knowledge of the training subject matter, and any other
6performance measures that the department deems appropriate.
Section 201 of the Business and Professions Code is
8amended to read:
(a) A charge for the estimated administrative expenses
10of the department, not to exceed the available balance in any
11appropriation for any one fiscal year, may be levied in advance on
12a pro rata share basis against any of the boards, bureaus,
13commissions, divisions, and agencies, at the discretion of the
14director and with the approval of the Department of Finance.
begin delete Theend delete
15 department shall submit a report of the accounting of
16the pro rata calculation of administrative expenses to the
17appropriate policy committees of the Legislature on or before July
181, 2015, and on or before July 1 of each subsequent year.
19(b) The department shall conduct a study of its current
20system for prorating administrative expenses to determine if that
21system is the most productive, efficient, and cost-effective manner
22for the department and the agencies comprising the department.
23The study shall include consideration of whether some of the
24administrative services offered by the department should be
25outsourced or charged on an as-needed basis and whether the
26agencies should be permitted to elect not to receive and be charged
27for certain administrative services. The department shall include
28 in its report pursuant to subdivision
begin delete the findings of the studyend delete.
Section 211 is added to the Business and Professions
32Code, to read:
If the department hires a third-party consultant to assess
34the department’s operations, the department shall, promptly upon
35receipt of the consultant’s final report on that assessment, submit
36that report to the appropriate policy committees of the Legislature
Section 312 of the Business and Professions Code is
2amended to read:
(a) The director shall submit to the Governor and the
4Legislature on or before January 1, 2003, and annually thereafter,
5a report of programmatic and statistical information regarding the
6activities of the department and its constituent entities. The report shall include information
8concerning the director’s activities pursuant to Section 326,
9including the number and general patterns of consumer complaints
10and the action taken on those complaints.
11(1) The report shall include, at a minimum, all of the following
13(2) The total number of temporary restraining orders or interim
14suspension orders sought by each constituent entity to enjoin
15licensees pursuant to Sections 125.7 and 125.8, the circumstances
16in each case that prompted the constituent entity to seek that
17injunctive relief, and whether a restraining order or interim
18suspension order was issued.
19(3) Information relative to the performance of each constituent
20entity, including all of the following:
21(A) Number of consumer calls received.
22(B) Number of consumer calls or letters designated as
24(C) Number of complaint forms received.
25(D) Number of convictions of licensees reported to the
26 constituent entity.
27(E) Number of criminal filings reported to the constituent entity.
28(F) Number of complaints and referrals closed, referred out, or
29resolved without discipline, respectively, prior to accusation.
30(G) Number of accusations filed and final disposition of
31accusations through the constituent entities and court review,
33(H) Final discipline by category.
34(I) Number of citations issued with and without fines.
35(J) Number of cases in process more than six months after a
36constituent entity receives information regarding the acts relevant
37to a filed accusation.
38(K) The average and median times in processing complaints
39from when a constituent entity receives a complaint to each stage
40of discipline and court review.
P9 1(L) Number of public reprimands issued.
2(M) Probation violation reports and probation revocation filings
4(N) Number of petitions for reinstatement and the dispositions
5of those petitions.
6(O) Caseloads of investigators for both original cases and
8(P) Number of reports pursuant to Section 805 or Section 805.01
9by type of peer review body reporting and, where applicable, the
10type of health care facility involved and the number and type of
11administrative or disciplinary actions taken by a constituent entity
12with respect to those reports.
13(Q) Number of reports pursuant to Section 801.01 or 803.
14(R) The number
of malpractice settlements in excess of thirty
15thousand dollars ($30,000) reported pursuant to Section 801.01.
16(S) Number of coroner’s reports received by a constituent entity.
17(T) Averageend delete
18 length of time for a constituent entity to reach each of the
21following milestones in the enforcement process:
number of days from when a constituent entity
24receives a complaint until the constituent entity assigns an
25investigator to the complaint.
27 Average number of days from a constituent entity opening
28an investigation conducted by the constituent entity staff or the
29Division of Investigation to closing the investigation regardless
32 Average number of days from a constituent entity closing
33an investigation to imposing formal discipline.
34(iv) Average number of days for a constituent entity to conduct
35a supplemental investigation for a case that was rereferred by the
36constituent entity to the Attorney General to file an accusation.
37(b) “Action,” for purposes of this section, means a proceeding
38brought by, or on behalf of, a constituent entity against a licensee
39for unprofessional conduct that has not been finally adjudicated,
P10 1and a disciplinary action taken by a constituent entity against a
3(c) A report submitted pursuant to subdivision (a) shall be
4submitted in compliance with Section 9795 of the Government
Section 312.1 is added to the Business and Professions
7Code, to read:
(a) The Attorney General shall submit a report to the
9department, the Governor, and the appropriate policy committees
10of the Legislature on or before January 1, 2016, and on or before
11January 1 of each subsequent year that includes, at a minimum,
12all of the following:
13(1) Number of cases referred to the Attorney General by each
14constituent entity comprising the department.
15(2) Number of cases referred by the Attorney General back to
16each constituent entity with no further action.
17(3) Number of cases rereferred by a constituent entity to the
18Attorney General after each constituent entity or the Division of
19Investigation completes a supplemental investigation.
20(4) Number of accusations filed by each constituent entity.
21(5) Number of accusations a constituent entity withdraws.
22(6) Average number of days from the Attorney General receiving
23a case to filing an accusation on behalf of each constituent entity.
24(7) Average number of days to prepare an accusation for a case
25that is rereferred to the Attorney General after a supplemental
26investigation is conducted by staff of a constituent entity or the
27Division of Investigation for each constituent entity.
28(8) Average number of days from filing an accusation to
29transmitting a stipulated settlement for each constituent entity.
30(9) Average number of days from filing an accusation to
31transmitting a default decision for each constituent entity.
32(10) Average of days from filing an accusation to scheduling a
33hearing for each constituent entity.
34(11) Average numbers of days from scheduling a hearing to
35conducting a hearing for each constituent entity.
The Office of Administrative Hearings shall submit a
38report to the department, the Governor, and the Legislature on or
39before January 1, 2016, and on or before January 1 of each
P11 1subsequent year that includes, at a minimum, all of the following
4 Number of cases referred by each constituent entity to each
5office of the Office of Administrative Hearings for a hearing.
7 Average number of days from receiving a request to setting
8a hearing date at each office of the Office of Administrative
11 Average number of days from setting a hearing to
14 Average number of days after conducting a hearing to
15transmitting the proposed decision by each office of the Office of
Section 453 of the Business and Professions Code is
18amended to read:
(a) Every newly appointed board member shall, within
20one year of assuming office, complete a training and orientation
21program offered by the department regarding, among other things,
22his or her functions, responsibilities, and obligations as a member
23of a board. The department shall adopt regulations necessary to
24establish this training and orientation program and its content.
25(b) The department shall develop a board member mentor
26 program through which experienced board members will be trained
27to act as mentors to newly appointed board members. A mentor
28member should be assigned to a new board member who serves
29on a different board. A mentor may be a current or former board
Section 4800 of the Business and Professions Code is
33amended to read:
(a) There is in the Department of Consumer Affairs a
35Veterinary Medical Board in which the administration of this
36chapter is vested. The board consists of the following members:
37(1) Four licensed veterinarians.
38(2) One registered veterinary technician.
39(3) Three public members.
P12 1(b) This section shall remain in effect only until January 1, 2017,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2017, deletes or extends that date.
4(c) Notwithstanding any other law, the repeal of this section
5renders the board subject to review by the appropriate policy
6committees of the Legislature. However, the review of the board
7shall be limited to those issues identified by the appropriate policy
8committees of the Legislature and shall not involve the preparation
9or submission of a sunset review document or evaluative
Section 4804.5 of the Business and Professions Code
13 is amended to read:
The board may appoint a person exempt from civil
15service who shall be designated as an executive officer and who
16shall exercise the powers and perform the duties delegated by the
17board and vested in him or her by this chapter.
18This section shall remain in effect only until January 1, 2017,
19and as of that date is repealed, unless a later enacted statute, that
20is enacted before January 1, 2017, deletes or extends that date.
(a) Applications for a veterinary assistant controlled
24substance permit shall be upon a form furnished by the board.
25(b) The fee for filing an application for a veterinary assistant
26controlled substance permit shall be set by the board in an amount
27the board determines is reasonably necessary to provide sufficient
28funds to carry out the purposes of this section, not to exceed one
29hundred dollars ($100).
30(c) The board may deny, suspend, or revoke the controlled
31substance permit of a veterinary assistant after notice and hearing
32for any cause provided in this subdivision. The proceedings under
33this section shall be conducted in accordance with the provisions
34for administrative adjudication in Chapter 5 (commencing with
35Section 11500) of Part 1 of Division 3 of Title 2 of the Government
36Code, and the board shall have all the powers granted therein. The
37board may revoke or suspend a veterinary assistant controlled
38substance permit for any of the following reasons:
39(1) The employment of fraud, misrepresentation, or deception
40in obtaining a veterinary assistant controlled substance permit.
P13 1(2) Chronic inebriety or habitual use of controlled substances.
6 Violating or attempts to violate, directly or indirectly, or
7assisting in or abetting the violation of, or conspiring to violate,
8any provision of this chapter, or of the regulations adopted under
10(d) The board shall not issue a veterinary assistant controlled
11substance permit to any applicant with a state or federal felony
12controlled substance conviction.
13(e) The board shall revoke a veterinary assistant controlled
14substance permit upon notification that the veterinary assistant to
15whom the license is issued has been convicted of a state or federal
16felony controlled substance violation.
18 (1) As part of the application for a veterinary assistant
19controlled substance permit, the applicant shall submit to the
20Department of Justice fingerprint images and related information,
21as required by the Department of Justice for all veterinary assistant
22applicants, for the purposes of obtaining information as to the
23existence and content of a record of state or federal convictions
24and state or federal arrests and information as to the existence and
25content of a record of state or federal arrests for which the
26Department of Justice establishes that the person is free on bail or
27on his or her own recognizance pending trial or appeal.
28(2) When received, the Department of Justice shall forward to
29the Federal Bureau of Investigation requests for federal summary
30criminal history information that it receives pursuant to this section.
31The Department of Justice shall review any information returned
32to it from the Federal Bureau of Investigation and compile and
33disseminate a response to the board summarizing that information.
34(3) The Department of Justice shall provide a state or federal
35level response to the board pursuant to paragraph (1) of subdivision
36(p) of Section 11105 of the Penal Code.
37(4) The Department of Justice shall charge a reasonable fee
38sufficient to cover the cost of processing the request described in
P14 1 The board shall request from the Department of Justice
2subsequent notification service, as provided pursuant to Section
311105.2 of the Penal Code, for persons described in paragraph (1)
begin delete (f)end delete.
6 This section shall become operative
begin delete upon the later of January .
71, 2015, or the effective date of the statute in which the Legislature
8makes a determination that the board has sufficient staffing to
9implement this sectionend delete
To be eligible to take the written and practical
13examination for registration as a registered veterinary technician,
14the applicant shall:
15(a) Be at least 18 years of age.
16(b) (1) Furnish satisfactory evidence of graduation from, at
17minimum, a two-year curriculum in veterinary technology, in a
18college or other postsecondary institution approved by the board,
19or the equivalent thereof as determined by the board. In the case
20of a private postsecondary institution, the institution shall also be
21approved by the Bureau for Private Postsecondary
begin delete and Vocationalend delete
23(2) For purposes of this subdivision, education or a combination
24of education and clinical practice experience may constitute the
25equivalent of the graduation requirement imposed under this
26subdivision, as determined by the board.
A person who fails to renew his certificate of registration
30within five years after its expiration may not renew it, and it shall
31not be restored, reissued, or reinstated thereafter, but
begin delete suchend delete
32 person may apply for and obtain a new certificate of registration
34(a) He is not subject to denial of registration under Section
36(b) No fact, circumstance, or condition exists
which, if the
37certificate of registration were issued, would justify its revocation
39(c) He takes and passes the examination, if any,
begin delete whichend delete
40 would be required of him if he were then
P15 1applying for a certificate of registration for the first time, or
2otherwise establishes to the satisfaction of the board that, with due
3regard for the public interest, he is qualified to be a
begin delete animal healthend delete technician.
5(d) He pays all of the fees that would be required of him
6 if he were applying for the certificate of registration
7for the first time.
8The board may, by regulation, provide for the waiver or refund
9of all or any part of the examination fee
begin delete in those cases in whichend delete
10 a certificate of registration is issued without an examination
begin delete the provisions ofend delete this section.
Section 11506 of the Business and Professions Code
14 is amended to read:
This part shall be subject to review by the appropriate
16policy committees of the Legislature. This part shall remain in
17effect only until January 1, 2019, and as of that date is repealed,
18unless a later enacted statute, that is enacted before January 1,
192019, deletes or extends that date.
Section 22259 of the Business and Professions Code
22 is amended to read:
(a) This chapter shall be subject to review by the
24appropriate policy committees of the Legislature.
25(b) This chapter shall remain in effect only until January 1,
262019, and as of that date is repealed, unless a later enacted statute,
27that is enacted before January 1, 2019, deletes or extends that date.