Amended in Assembly August 18, 2014

Amended in Assembly June 30, 2014

Amended in Assembly June 18, 2014

Amended in Senate April 21, 2014

Senate Bill No. 1243

Introduced by Senator Lieu

(Principal coauthor: Assembly Member Bonilla)

February 20, 2014

An act to amend Sections begin insert 101.7, end insert 149, 201, 312, begin delete 453, end delete 4800, 4804.5, begin insert 4836.2, 4841.5, 4844, end insert 11506, and 22259 of, and to add Sections begin delete 101.7, end delete 154.1, 211, and 312.1 to, the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL’S DIGEST

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 to end delete submit begin delete a end delete begin insert an annual end insert report begin insert of the accounting of the pro rata calculation of administrative expenses end insert 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, including end delete begin insert year. The bill would require the department to conduct a one-time study of its system for prorating administrative excesses, and to include end insert the findings of the study begin delete and an accounting of the pro rata calculation end delete begin insert in the report it is required to submit on or before July 1, 2015 end insert . 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 performs end delete begin insert and make available training courses for employees who perform end insert enforcement functions to begin delete attend an enforcement academy, at least annually, to provide a solid, standard baseline of end delete begin insert develop end insert knowledge begin delete and end delete begin insert of enforcement end insert 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 General end delete begin insert Office of Administrative Hearings end insert 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 General end delete begin insert Administrative Hearings end insert 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

begin 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 begin 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 begin delete

(6)

end delete

begin insert (5) end insert  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.

begin insert

(6) Existing law, beginning January 1, 2015, requires a veterinary assistant to obtain a controlled substance permit from the board in order to administer a controlled substance, and requires the board to revoke a veterinary controlled substance permit upon notification that the veterinary assistant has been convicted of a state or federal felony controlled substance violation.

end insert begin insert

This bill would, instead, beginning July 1, 2015, authorize the board to deny, suspend, or revoke the controlled substance permit of a veterinary assistant after notice and hearing if the veterinary assistant has been convicted of a state or federal felony controlled substance violation.

end insert

(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.

begin insert

(9) This bill would make technical, nonsubstantive, and conforming changes.

end insert

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

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

begin delete

SECTION 1.  

Section 101.7 is added to the Business and
Professions Code, to read:

101.7.  

(a) An agency within the department that is required
to provide a written notice pursuant to subdivision (a) of Section
11125 Government Code, may provide that notice by regular mail,
email, or by both regular mail and email. An agency shall give a
person who requests a notice the option of receiving the notice by
regular mail, email, or by both regular mail and electronic mail.
The agency shall comply with the requester’s chosen form or forms
of notice.

(b) An agency that plans to Web cast a meeting shall include
in the meeting notice required pursuant to subdivision (a) of Section
11125 of the Government Code a statement of the board’s intent
to Web cast the meeting. An agency may Web cast a meeting even
if the agency fails to include that statement of intent in the notice.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 101.7 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

101.7.  

(a) Notwithstanding any other provision of law, boards
shall meet at least three times each calendar year. Boards shall
meet at least once each calendar year in northern California and
once each calendar year in southern California in order to facilitate
participation by the public and its licensees.

(b) The director at his or her discretion may exempt any board
from the requirement in subdivision (a) upon a showing of good
cause that the board is not able to meet at least three times in a
calendar year.

(c) The director may call for a special meeting of the board
when a board is not fulfilling its duties.

begin insert

(d) An agency within the department that is required to provide
a written notice pursuant to subdivision (a) of Section 11125 of
the Government Code, may provide that notice by regular mail,
email, or by both regular mail and email. An agency shall give a
person who requests a notice the option of receiving the notice by
regular mail, email, or by both regular mail and email. The agency
shall comply with the requester’s chosen form or forms of notice.

end insert begin insert

(e) An agency that plans to Web cast a meeting shall include in
the meeting notice required pursuant to subdivision (a) of Section
11125 of the Government Code a statement of the board’s intent
to Web cast the meeting. An agency may Web cast a meeting even
if the agency fails to include that statement of intent in the notice.

end insert

SEC. 2.  

Section 149 of the Business and Professions Code is
amended to read:

149.  

(a) If, upon investigation, an agency designated in Section
101 has probable cause to believe that a person is advertising with
respect to the offering or performance of services, without being
properly licensed by or registered with the agency to offer or
perform those services, the agency may issue a citation under
Section 148 containing an order of correction that requires the
violator to do both of the following:

(1) Cease the unlawful advertising.

(2) Notify the telephone company furnishing services to the
violator to disconnect the telephone service furnished to any
telephone number contained in the unlawful advertising.

(b) This action is stayed if the person to whom a citation is
issued under subdivision (a) notifies the agency in writing that he
or she intends to contest the citation. The agency shall afford an
opportunity for a hearing, as specified in Section 125.9.

(c) If the person to whom a citation and order of correction is
issued under subdivision (a) fails to comply with the order of
correction after that order is final, the agency shall inform the
Public Utilities Commission of the violation and the Public Utilities
Commission shall require the telephone corporation furnishing
services to that person to disconnect the telephone service furnished
to any telephone number contained in the unlawful advertising.

(d) The good faith compliance by a telephone corporation with
an order of the Public Utilities Commission to terminate service
issued pursuant to this section shall constitute a complete defense
to any civil or criminal action brought against the telephone
corporation arising from the termination of service.

SEC. 3.  

Section 154.1 is added to the Business and Professions
Code, to read:

154.1.  

(a) The Legislature hereby finds and declares all of the
following:

(1) The department is currently providing opportunities for
employees of agencies comprising the department who perform
enforcement functions to attend an begin insert entry level end insert enforcement
academy.

(2) It is in the best interest of consumers in the state for the
department to continue to provide begin delete these end delete begin insert ongoing training end insert
opportunities for employees performing enforcement functions
for each agency comprising the department.

(b) The department shall begin delete provide an opportunity for an employee
of an agency comprising the department who performs end delete begin insert continue
to develop and make available training courses for employees who
perform end insert enforcement begin delete functions to attend an enforcement academy,
at least annually, to provide a solid, standard baseline of end delete begin insert functions.
The purpose of the training courses is to develop end insert knowledge begin delete and end delete
begin insert of enforcement end insert practices for all employees who perform
enforcement functions. The department shall encourage an agency
executive officer, registrar, executive director, bureau chief,
enforcement manager, supervisor, or staff member to attend begin delete an end delete
enforcement begin delete academy end delete begin insert training courses end insert .

(c) The department shall develop the enforcement begin delete academy end delete
begin insert training end insert curricula in consultation and cooperation with the office
of the Attorney General and the Office of Administrative Hearings.
begin delete The curricula shall include, but not be limited to, complaint intake,
determining which cases should be referred for investigation,
preparing a case suitable for filing an accusation, and the
Administrative Procedure Act. end delete

begin delete

(d) The department shall develop and implement a measure of
training outcomes that includes a pretest and posttest of an
employee’s knowledge of the training subject matter, and any other
performance measures that the department deems appropriate.

end delete

SEC. 4.  

Section 201 of the Business and Professions Code is
amended to read:

201.  

(a)  begin insert (1) end insert begin insert   end insert A charge for the estimated administrative expenses
of the department, not to exceed the available balance in any
appropriation for any one fiscal year, may be levied in advance on
a pro rata share basis against any of the boards, bureaus,
commissions, divisions, and agencies, at the discretion of the
director and with the approval of the Department of Finance. begin delete The end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert department shall submit a report of the accounting of
the pro rata calculation of administrative expenses to the
appropriate policy committees of the Legislature on or before July
1, 2015, and on or before July 1 of each subsequent year.

(b) The department shall conduct a begin insert one-time end insert study of its current
system for prorating administrative expenses to determine if that
system is the most productive, efficient, and cost-effective manner
for the department and the agencies comprising the department.
The study shall include consideration of whether some of the
administrative services offered by the department should be
outsourced or charged on an as-needed basis and whether the
agencies should be permitted to elect not to receive and be charged
for certain administrative services. The department shall include
begin insert the findings end insert in its report pursuant to begin insert paragraph (2) of end insert subdivision
(a) begin delete the findings of the study end delete begin insert that it is required to submit on or
before July 1, 2015 end insert .

SEC. 5.  

Section 211 is added to the Business and Professions
Code, to read:

211.  

If the department hires a third-party consultant to assess
the department’s operations, the department shall, promptly upon
receipt of the consultant’s final report on that assessment, submit
that report to the appropriate policy committees of the Legislature
begin insert after omitting any information that is not subject to disclosure
under the California Public Records Act (Chapter 3.5 commencing
with Section 6250) of Division 7 of Title 1 of the Government Code end insert .

SEC. 6.  

Section 312 of the Business and Professions Code is
amended to read:

312.  

(a) The director shall submit to the Governor and the
Legislature on or before January 1, 2003, and annually thereafter,
a report of programmatic and statistical information regarding the
activities of the department and its constituent entities begin insert for the
previous fiscal year end insert . The report shall include information
concerning the director’s activities pursuant to Section 326,
including the number and general patterns of consumer complaints
and the action taken on those complaints.

begin delete

(1) The report shall include, at a minimum, all of the following
information:

(2) The total number of temporary restraining orders or interim
suspension orders sought by each constituent entity to enjoin
licensees pursuant to Sections 125.7 and 125.8, the circumstances
in each case that prompted the constituent entity to seek that
injunctive relief, and whether a restraining order or interim
suspension order was issued.

(3) Information relative to the performance of each constituent
entity, including all of the following:

(A) Number of consumer calls received.

(B) Number of consumer calls or letters designated as
discipline-related complaints.

(C) Number of complaint forms received.

(D) Number of convictions of licensees reported to the
constituent entity.

(E) Number of criminal filings reported to the constituent entity.

(F) Number of complaints and referrals closed, referred out, or
resolved without discipline, respectively, prior to accusation.

(G) Number of accusations filed and final disposition of
accusations through the constituent entities and court review,
respectively.

(H) Final discipline by category.

(I) Number of citations issued with and without fines.

(J) Number of cases in process more than six months after a
constituent entity receives information regarding the acts relevant
to a filed accusation.

(K) The average and median times in processing complaints
from when a constituent entity receives a complaint to each stage
of discipline and court review.

(L) Number of public reprimands issued.

(M) Probation violation reports and probation revocation filings
and dispositions.

(N) Number of petitions for reinstatement and the dispositions
of those petitions.

(O) Caseloads of investigators for both original cases and
probation cases.

(P) Number of reports pursuant to Section 805 or Section 805.01
by type of peer review body reporting and, where applicable, the
type of health care facility involved and the number and type of
administrative or disciplinary actions taken by a constituent entity
with respect to those reports.

(Q) Number of reports pursuant to Section 801.01 or 803.

(R) The number of malpractice settlements in excess of thirty
thousand dollars ($30,000) reported pursuant to Section 801.01.

(S) Number of coroner’s reports received by a constituent entity.

(T) Average

end delete

begin insert (b) end insert begin insert   end insert begin insert The report shall include information relative to the
performance of each constituent entity, including, but not limited
to, end insert length of time for a constituent entity to reach each of the
following milestones in the enforcement process:

begin delete

(i)

end delete

begin insert (1) end insert  Average number of days from when a constituent entity
receives a complaint until the constituent entity assigns an
investigator to the complaint.

begin delete

(ii)

end delete

begin insert (2) end insert  Average number of days from a constituent entity opening
an investigation conducted by the constituent entity staff or the
Division of Investigation to closing the investigation regardless
of outcome.

begin delete

(iii)

end delete

begin insert (3) end insert  Average number of days from a constituent entity closing
an investigation to imposing formal discipline.

begin delete

(iv) Average number of days for a constituent entity to conduct
a supplemental investigation for a case that was rereferred by the
constituent entity to the Attorney General to file an accusation.

(b) “Action,” for purposes of this section, means a proceeding
brought by, or on behalf of, a constituent entity against a licensee
for unprofessional conduct that has not been finally adjudicated,
and a disciplinary action taken by a constituent entity against a
licensee.

end delete

(c) A report submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government
Code.

SEC. 7.  

Section 312.1 is added to the Business and Professions
Code, to read:

begin delete

312.1.  

(a) The Attorney General shall 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, at a minimum,
all of the following:

(1) Number of cases referred to the Attorney General by each
constituent entity comprising the department.

(2) Number of cases referred by the Attorney General back to
each constituent entity with no further action.

(3) Number of cases rereferred by a constituent entity to the
Attorney General after each constituent entity or the Division of
Investigation completes a supplemental investigation.

(4) Number of accusations filed by each constituent entity.

(5) Number of accusations a constituent entity withdraws.

(6) Average number of days from the Attorney General receiving
a case to filing an accusation on behalf of each constituent entity.

(7) Average number of days to prepare an accusation for a case
that is rereferred to the Attorney General after a supplemental
investigation is conducted by staff of a constituent entity or the
Division of Investigation for each constituent entity.

(8) Average number of days from filing an accusation to
transmitting a stipulated settlement for each constituent entity.

(9) Average number of days from filing an accusation to
transmitting a default decision for each constituent entity.

(10) Average of days from filing an accusation to scheduling a
hearing for each constituent entity.

(11) Average numbers of days from scheduling a hearing to
conducting a hearing for each constituent entity.

(b) 

end delete

begin insert

begin insert 312.1. end insert   

end insert

The Office of Administrative Hearings shall submit a
report to the department, the Governor, and the Legislature on or
before January 1, 2016, and on or before January 1 of each
subsequent year that includes, at a minimum, all of the following
begin insert for the previous fiscal year end insert :

begin delete

(1)

end delete

begin insert (a) end insert  Number of cases referred by each constituent entity to each
office of the Office of Administrative Hearings for a hearing.

begin delete

(2)

end delete

begin insert (b) end insert  Average number of days from receiving a request to setting
a hearing date at each office of the Office of Administrative
Hearings.

begin delete

(3)

end delete

begin insert (c) end insert  Average number of days from setting a hearing to conducting
the hearing.

begin delete

(4)

end delete

begin insert (d) end insert  Average number of days after conducting a hearing to
transmitting the proposed decision by each office of the Office of
Administrative Hearings.

begin delete

SEC. 8.  

Section 453 of the Business and Professions Code is
amended to read:

453.  

(a) Every newly appointed board member shall, within
one year of assuming office, complete a training and orientation
program offered by the department regarding, among other things,
his or her functions, responsibilities, and obligations as a member
of a board. The department shall adopt regulations necessary to
establish this training and orientation program and its content.

(b) The department shall develop a board member mentor
program through which experienced board members will be trained
to act as mentors to newly appointed board members. A mentor
member should be assigned to a new board member who serves
on a different board. A mentor may be a current or former board
member.

end delete

begin delete SEC. 9. end delete
begin insert SEC. 8. end insert   

Section 4800 of the Business and Professions Code is
amended to read:

4800.  

(a) There is in the Department of Consumer Affairs a
Veterinary Medical Board in which the administration of this
chapter is vested. The board consists of the following members:

(1) Four licensed veterinarians.

(2) One registered veterinary technician.

(3) Three public members.

(b) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

(c) Notwithstanding any other law, the repeal of this section
renders the board subject to review by the appropriate policy
committees of the Legislature. However, the review of the board
shall be limited to those issues identified by the appropriate policy
committees of the Legislature and shall not involve the preparation
or submission of a sunset review document or evaluative
questionnaire.

begin delete SEC. 10. end delete
begin insert SEC. 9. end insert   

Section 4804.5 of the Business and Professions Code
is amended to read:

4804.5.  

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.

This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 4836.2 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4836.2.  

(a) Applications for a veterinary assistant controlled
substance permit shall be upon a form furnished by the board.

(b) The fee for filing an application for a veterinary assistant
controlled substance permit shall be set by the board in an amount
the board determines is reasonably necessary to provide sufficient
funds to carry out the purposes of this section, not to exceed one
hundred dollars ($100).

(c) The board may deny, suspend, or revoke the controlled
substance permit of a veterinary assistant after notice and hearing
for any cause provided in this subdivision. The proceedings under
this section shall be conducted in accordance with the provisions
for administrative adjudication in Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code, and the board shall have all the powers granted therein. The
board may revoke or suspend a veterinary assistant controlled
substance permit for any of the following reasons:

(1) The employment of fraud, misrepresentation, or deception
in obtaining a veterinary assistant controlled substance permit.

(2) Chronic inebriety or habitual use of controlled substances.

begin insert

(3) The veterinary assistant to whom the permit is issued has
been convicted of a state or federal felony controlled substance
violation.

end insert begin delete

(3)

end delete

begin insert (4) end insert  Violating or attempts to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this chapter, or of the regulations adopted under
this chapter.

(d) The board shall not issue a veterinary assistant controlled
substance permit to any applicant with a state or federal felony
controlled substance conviction.

begin delete

(e) The board shall revoke a veterinary assistant controlled
substance permit upon notification that the veterinary assistant to
whom the license is issued has been convicted of a state or federal
felony controlled substance violation.

end delete begin delete

(f)

end delete

begin insert (e) end insert  (1) As part of the application for a veterinary assistant
controlled substance permit, the applicant shall submit to the
Department of Justice fingerprint images and related information,
as required by the Department of Justice for all veterinary assistant
applicants, for the purposes of obtaining information as to the
existence and content of a record of state or federal convictions
and state or federal arrests and information as to the existence and
content of a record of state or federal arrests for which the
Department of Justice establishes that the person is free on bail or
on his or her own recognizance pending trial or appeal.

(2) When received, the Department of Justice shall forward to
the Federal Bureau of Investigation requests for federal summary
criminal history information that it receives pursuant to this section.
The Department of Justice shall review any information returned
to it from the Federal Bureau of Investigation and compile and
disseminate a response to the board summarizing that information.

(3) The Department of Justice shall provide a state or federal
level response to the board pursuant to paragraph (1) of subdivision
(p) of Section 11105 of the Penal Code.

(4) The Department of Justice shall charge a reasonable fee
sufficient to cover the cost of processing the request described in
this subdivision.

begin delete

(g)

end delete

begin insert (f) end insert  The board shall request from the Department of Justice
subsequent notification service, as provided pursuant to Section
11105.2 of the Penal Code, for persons described in paragraph (1)
of subdivision begin delete (f) end delete begin insert (e) end insert .

begin delete

(h)

end delete

begin insert (g) end insert  This section shall become operative begin delete upon the later of January
1, 2015, or the effective date of the statute in which the Legislature
makes a determination that the board has sufficient staffing to
implement this section end delete begin insert on July 1, 2015 end insert .

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 4841.5 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4841.5.  

To be eligible to take the written and practical
examination for registration as a registered veterinary technician,
the applicant shall:

(a) Be at least 18 years of age.

(b) (1) Furnish satisfactory evidence of graduation from, at
minimum, a two-year curriculum in veterinary technology, in a
college or other postsecondary institution approved by the board,
or the equivalent thereof as determined by the board. In the case
of a private postsecondary institution, the institution shall also be
approved by the Bureau for Private Postsecondary begin delete and Vocational end delete
Education.

(2) For purposes of this subdivision, education or a combination
of education and clinical practice experience may constitute the
equivalent of the graduation requirement imposed under this
subdivision, as determined by the board.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 4844 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4844.  

A person who fails to renew his certificate of registration
within five years after its expiration may not renew it, and it shall
not be restored, reissued, or reinstated thereafter, but begin delete such end delete begin insert that end insert
person may apply for and obtain a new certificate of registration
if:

(a) He begin insert or she end insert is not subject to denial of registration under Section
480.

(b) No fact, circumstance, or condition exists which, if the
certificate of registration were issued, would justify its revocation
or suspension.

(c) He begin insert or she end insert takes and passes the examination, if any, begin delete which end delete
begin insert that end insert would be required of him begin insert or her end insert if he begin insert or she end insert were then
applying for a certificate of registration for the first time, or
otherwise establishes to the satisfaction of the board that, with due
regard for the public interest, he begin insert or she end insert is qualified to be a
registered begin delete animal health end delete begin insert veterinary end insert technician.

(d) He begin insert or she end insert pays all of the fees that would be required of him
begin insert or her end insert if he begin insert or she end insert were applying for the certificate of registration
for the first time.

The board may, by regulation, provide for the waiver or refund
of all or any part of the examination fee begin delete in those cases in which end delete
begin insert when end insert a certificate of registration is issued without an examination
pursuant to begin delete the provisions of end delete this section.

begin delete SEC. 11. end delete
begin insert SEC. 13. end insert   

Section 11506 of the Business and Professions Code
is amended to read:

11506.  

This part shall be subject to review by the appropriate
policy committees of the Legislature. This part shall remain in
effect only until January 1, 2019, and as of that date is repealed,
unless a later enacted statute, that is enacted before January 1,
2019, deletes or extends that date.

begin delete SEC. 12. end delete
begin insert SEC. 14. end insert   

Section 22259 of the Business and Professions Code
is amended to read:

22259.  

(a) This chapter shall be subject to review by the
appropriate policy committees of the Legislature.

(b) This chapter shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2019, deletes or extends that date.