BILL NUMBER: SB 1243 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 18, 2014
AMENDED IN ASSEMBLY JUNE 30, 2014
AMENDED IN ASSEMBLY JUNE 18, 2014
AMENDED IN SENATE APRIL 21, 2014
INTRODUCED BY Senator Lieu
(Principal coauthor: Assembly Member Bonilla)
FEBRUARY 20, 2014
An act to amend Sections 101.7, 149, 201, 312,
453, 4800, 4804.5, 4836.2, 4841.5, 4844, 11506,
and 22259 of, and to add Sections 101.7, 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 conduct a study
of its system for prorating administrative expenses and to
submit a an annual 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, including year. The bill would require
the department to conduct a one-time study of its system for
prorating administrative excesses, and to include the findings
of the study and an accounting of the pro rata calculation
in the report it is required to submit on or before
July 1, 2015 . 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 an
enforcement academy, as specified, and to provide an opportunity for
an employee of an agency comprising the department who performs
and make available training courses for employees who
perform enforcement functions to attend an enforcement
academy, at least annually, to provide a solid, standard baseline of
develop knowledge and
of enforcement 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 Attorney General
Office of Administrative Hearings 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 the
Attorney General Administrative Hearings
pertaining to accusations and cases relating to consumer complaints
against a person whose profession or vocation is licensed by an
agency comprising the department. 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.
(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.
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.
(6)
(5) 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.
(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.
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.
(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.
(9) This bill would make technical, nonsubstantive, and conforming
changes.
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 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.
SECTION 1. Section 101.7 of the
Business and Professions Code is amended to read:
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.
(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.
(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.
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 entry level enforcement
academy.
(2) It is in the best interest of consumers in the state for the
department to continue to provide these
ongoing training opportunities for employees performing
enforcement functions for each agency comprising the department.
(b) The department shall provide an opportunity for an
employee of an agency comprising the department who performs
continue to develop and make available training
courses for employees who perform enforcement
functions to attend an enforcement academy, at least annually, to
provide a solid, standard baseline of functions. The
purpose of the training courses is to develop knowledge
and of enforcement 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 an enforcement academy
training courses .
(c) The department shall develop the enforcement academy
training curricula in consultation and
cooperation with the office of the Attorney General and the Office of
Administrative Hearings. 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.
(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.
SEC. 4. Section 201 of the Business and Professions Code is
amended to read:
201. (a) (1) 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. The
(2) The 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 one-time 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
the findings in its report pursuant to paragraph (2) of
subdivision (a) the findings of the study
that it is required to submit on or before July 1, 2015 .
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
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
.
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 for
the previous fiscal year . 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.
(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
(b) The report shall include information
relative to the performance of each constituent entity, including,
but not limited to, length of time for a constituent entity to
reach each of the following milestones in the enforcement process:
(i)
(1) Average number of days from when a constituent
entity receives a complaint until the constituent entity assigns an
investigator to the complaint.
(ii)
(2) 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.
(iii)
(3) Average number of days from a constituent entity
closing an investigation to imposing formal discipline.
(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.
(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:
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)
312.1. 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
for the previous fiscal year :
(1)
(a) Number of cases referred by each constituent entity
to each office of the Office of Administrative Hearings for a
hearing.
(2)
(b) Average number of days from receiving a request to
setting a hearing date at each office of the Office of Administrative
Hearings.
(3)
(c) Average number of days from setting a hearing to
conducting the hearing.
(4)
(d) Average number of days after conducting a hearing
to transmitting the proposed decision by each office of the Office of
Administrative Hearings.
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.
SEC. 9. SEC. 8. 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.
SEC. 10. SEC. 9. 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.
SEC. 10. Section 4836.2 of the Business
and Professions Code is amended to read:
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.
(3) The veterinary assistant to whom the permit is issued has been
convicted of a state or federal felony controlled substance
violation.
(3)
(4) 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.
(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.
(f)
(e) (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.
(g)
(f) 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 (f) (e) .
(h)
(g) This section shall become operative 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 on July
1, 2015 .
SEC. 11. Section 4841.5 of the Business
and Professions Code is amended to read:
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 and
Vocational 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.
SEC. 12. Section 4844 of the Business
and Professions Code is amended to read:
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
such that person may apply for and
obtain a new certificate of registration if:
(a) He or she 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 or she takes and passes the examination, if any,
which that would be required of him
or her if he or she 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 or she is qualified to be a
registered animal health veterinary
technician.
(d) He or she pays all of the fees that would be
required of him or her if he or she 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 in those cases in
which when a certificate of registration is
issued without an examination pursuant to the provisions of
this section.
SEC. 11. SEC. 13. 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.
SEC. 12. SEC. 14. 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.