Amended in Senate March 7, 2016

Amended in Assembly January 4, 2016

Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1174

Introduced by Assembly Member Bonilla

February 27, 2015

An act to amend begin delete Section 800 end delete begin insert Sections 9882 and 9882.5 end insert of the Business and Professions Code, relating to begin delete healing arts. end delete begin insert automotive repair. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1174, as amended, Bonilla. begin delete Healing arts: licensee records. end delete begin insert Automotive Repair Act: violations: response. end insert

begin insert

The Automotive Repair Act provides for the licensure and regulation of automotive repair dealers, among others, by the Chief of the Bureau of Automotive Repair under the supervision and control of the Director of Consumer Affairs. The act requires the director, on the director’s initiative or in response to a complaint, to investigate a violation of the act, or of any regulation adopted pursuant to the act, by any automotive repair dealer, automotive technician, or employee, partner, officer, or member of any automotive repair dealer. The act authorizes the director to adopt and enforce the rules and regulations that the director determines are reasonably necessary to carry out the purposes of the act and declaring the policy of the bureau, including a system for the issuance of citations pursuant to a specified law.

end insert begin insert

This bill would clarify that the specified law under which the director may adopt and enforce rules and regulations under the Automotive Repair Act authorizes any board, bureau, or commission within the Department of Consumer Affairs to establish, by regulation, a system for the issuance to a licensee of a citation when the licensee is in violation of the applicable licensing act or any regulation adopted pursuant thereto. The bill would require the director to publicly post on the bureau’s Internet Web site the findings of, and specified information related to, each investigation completed by the director in response to a complaint.

end insert begin delete

Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law requires various state licensing boards, including the Medical Board of California and the Board of Psychology, to create and maintain a central file of the names of licensees to provide an individual historical record for each licensee with information on acts of licensee misconduct and discipline, as specified.

end delete begin delete

This bill would add the California Board of Podiatric Medicine to the list of state licensing boards required to create and maintain such records.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 9882 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

9882.  

(a) There is in the Department of Consumer Affairs a
Bureau of Automotive Repair under the supervision and control
of the director. The duty of enforcing and administering this chapter
is vested in the chief who is responsible to the director. The director
may adopt and enforce those rules and regulations that he or she
determines are reasonably necessary to carry out the purposes of
this chapter and declaring the policy of the bureau, including a
system for the issuance of citations for violations of this chapter
as specified in Section begin delete 125.9. end delete begin insert 125.9, which authorizes any board,
bureau, or commission within the department to establish, by
regulation, a system for the issuance to a licensee of a citation
when the licensee is in violation of the applicable licensing act or
any regulation adopted pursuant thereto. end insert These rules and
regulations shall be adopted pursuant to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.

(b) Notwithstanding any other law, the powers and duties of the
bureau, as set forth in this article and under the Automotive Repair
Act, shall be subject to review by the appropriate policy committees
of the Legislature. In that review, the bureau shall have the burden
of demonstrating a compelling public need for the continued
existence of the bureau and its regulatory program, and that its
function is the least restrictive regulation consistent with the public
health, safety, and welfare. The review shall be performed as if
this chapter were scheduled to be repealed as of January 1, 2019.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 9882.5 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

9882.5.  

begin insert (a) end insert begin insert   end insert The director shall on his or her own initiative or
in response to complaints, investigate on a continuous basis and
gather evidence of violations of this chapter and of any regulation
adopted pursuant to this chapter, by any automotive repair dealer
or automotive technician, whether registered or not, and by any
employee, partner, officer, or member of any automotive repair
dealer. The director shall establish procedures for accepting
complaints from the public against any dealer or automotive
technician. The director may suggest measures that, in the
director’s judgment, would compensate for any damages suffered
as a result of an alleged violation. If the dealer accepts the
suggestions and performs accordingly, such fact shall be given
due consideration in any subsequent disciplinary proceeding.

begin insert

(b) For each investigation the director completes in response
to a complaint pursuant to subdivision (a), the director shall
publicly post on the bureau’s Internet Web site both of the
following:

end insert begin insert

(1) The findings of the completed investigation.

end insert begin insert

(2) The name, business address, and, if applicable, the
registration type and number, of the investigated automotive repair
dealer, automotive technician, or employee, partner, officer, or
member of an automotive repair dealer.

end insert

begin delete

SECTION 1.  

Section 800 of the Business and Professions Code
is amended to read:

800.  

(a) The Medical Board of California, the Board of
Psychology, the Dental Board of California, the Dental Hygiene
Committee of California, the Osteopathic Medical Board of
California, the State Board of Chiropractic Examiners, the Board
of Registered Nursing, the Board of Vocational Nursing and
Psychiatric Technicians of the State of California, the State Board
of Optometry, the Veterinary Medical Board, the Board of
Behavioral Sciences, the Physical Therapy Board of California,
the California State Board of Pharmacy, the Speech-Language
Pathology and Audiology and Hearing Aid Dispensers Board, the
California Board of Occupational Therapy, the Acupuncture Board,
the California Board of Podiatric Medicine, and the Physician
Assistant Board shall each separately create and maintain a central
file of the names of all persons who hold a license, certificate, or
similar authority from that board. Each central file shall be created
and maintained to provide an individual historical record for each
licensee with respect to the following information:

(1) Any conviction of a crime in this or any other state that
constitutes unprofessional conduct pursuant to the reporting
requirements of Section 803.

(2) Any judgment or settlement requiring the licensee or his or
her insurer to pay any amount of damages in excess of three
thousand dollars ($3,000) for any claim that injury or death was
proximately caused by the licensee’s negligence, error or omission
in practice, or by rendering unauthorized professional services,
pursuant to the reporting requirements of Section 801 or 802.

(3) Any public complaints for which provision is made pursuant
to subdivision (b).

(4) Disciplinary information reported pursuant to Section 805,
including any additional exculpatory or explanatory statements
submitted by the licentiate pursuant to subdivision (f) of Section
805. If a court finds, in a final judgment, that the peer review
resulting in the 805 report was conducted in bad faith and the
licensee who is the subject of the report notifies the board of that
finding, the board shall include that finding in the central file. For
purposes of this paragraph, “peer review” has the same meaning
as defined in Section 805.

(5) Information reported pursuant to Section 805.01, including
any explanatory or exculpatory information submitted by the
licensee pursuant to subdivision (b) of that section.

(b) (1) Each board shall prescribe and promulgate forms on
which members of the public and other licensees or certificate
holders may file written complaints to the board alleging any act
of misconduct in, or connected with, the performance of
professional services by the licensee.

(2) If a board, or division thereof, a committee, or a panel has
failed to act upon a complaint or report within five years, or has
found that the complaint or report is without merit, the central file
shall be purged of information relating to the complaint or report.

(3) Notwithstanding this subdivision, the Board of Psychology,
the Board of Behavioral Sciences, and the Respiratory Care Board
of California shall maintain complaints or reports as long as each
board deems necessary.

(c) (1) The contents of any central file that are not public
records under any other law shall be confidential except that the
licensee involved, or his or her counsel or representative, shall
have the right to inspect and have copies made of his or her
complete file except for the provision that may disclose the identity
of an information source. For the purposes of this section, a board
may protect an information source by providing a copy of the
material with only those deletions necessary to protect the identity
of the source or by providing a comprehensive summary of the
substance of the material. Whichever method is used, the board
shall ensure that full disclosure is made to the subject of any
personal information that could reasonably in any way reflect or
convey anything detrimental, disparaging, or threatening to a
licensee’s reputation, rights, benefits, privileges, or qualifications,
or be used by a board to make a determination that would affect
a licensee’s rights, benefits, privileges, or qualifications. The
information required to be disclosed pursuant to Section 803.1
shall not be considered among the contents of a central file for the
purposes of this subdivision.

(2) The licensee may, but is not required to, submit any
additional exculpatory or explanatory statement or other
information that the board shall include in the central file.

(3) Each board may permit any law enforcement or regulatory
agency when required for an investigation of unlawful activity or
for licensing, certification, or regulatory purposes to inspect and
have copies made of that licensee’s file, unless the disclosure is
otherwise prohibited by law.

(4) These disclosures shall effect no change in the confidential
status of these records.

end delete