SB 1039, as introduced, Hill. Professions and vocations.
(1) Existing law requires the Office of Statewide Health Planning and Development to establish the Health Professions Education Foundation to, among other things, solicit and receive funds for the purpose of providing scholarships, as specified.
The bill would state the intent of the Legislature to enact future legislation that would establish a Dental Corps Scholarship Program, as specified, to increase the supply of dentists serving in medically underserved areas.
(2) The Dental Practice Act provides for the licensure and regulation of persons engaged in the practice of dentistry by the Dental Board of California, which is within the Department of Consumer Affairs, and requires the board to be responsible for the approval of foreign dental schools by evaluating foreign dental schools based on specified criteria. That act authorizes the board to contract with outside consultants or a national professional organization to survey and evaluate foreign dental schools, as specified. That act requires the board to establish a technical advisory group to review the survey and evaluation contracted for prior to the board taking any final action regarding a foreign dental school. That act also requires periodic surveys and evaluations of all approved schools be made to ensure compliance with the act.
This bill would delete the authorization to contract with outside consultants and would instead authorize the board, in lieu of conducting its own survey and evaluation of a foreign dental school, to accept the findings of any commission or accreditation agency approved by the board, if the findings meet specified standards, and adopt those findings as the board’s own. The bill would delete the requirement to establish a technical advisory group. The bill would instead authorize periodic surveys and evaluations be made to ensure compliance with that act.
(3) The Nursing Practice Act provides for the licensure and regulation of nurse practitioners by the Board of Registered Nursing, which is within the Department of Consumer Affairs, and requires the board to adopt regulations establishing standards for continuing education for licensees, as specified. That act requires providers of continuing education programs approved by the board to make records of continuing education courses given to registered nurses available for board inspection.
This bill would require that the content of a continuing education course be based on generally accepted scientific principles. The bill would also require the board to audit continuing education providers, at least once every 5 years, to ensure adherence to regulatory requirements, and to withhold or rescind approval from any provider that is in violation of regulatory requirements.
(4) Existing law provides for the licensure and regulation of structural pest control operators and registered companies by the Structural Pest Control Board, which is within the Department of Consumer Affairs, and requires a licensee to pay a specified license fee. Existing law makes any violation of those provisions punishable as a misdemeanor. Existing law places certain requirements on a registered company or licensee with regards to wood destroying pests or organisms, including that a registered company or licensee is prohibited from commencing work on a contract until an inspection has been made by a licensed Branch 3 field representative or operator, that the address of each property inspected or upon which work was completed is required to be reported to the board, as specified, and that a written inspection report be prepared and delivered to the person requesting the inspection or his or her agent. Existing law requires the original inspection report to be submitted to the board upon demand. Existing law requires that written report to contain certain information, including a foundation diagram or sketch of the structure or portions of the structure inspected, and requires the report, and any contract entered into, to expressly state if a guarantee for the work is made, and if so, the terms and time period of the guarantee. Existing law establishes the Structural Pest Control Fund, which is a continuously appropriated fund as it pertains to fees collected by the board.
This bill would require the operator who is conducting the inspection prior to the commencement of work to be employed by a registered company, except as specified. The bill would not require the address of an inspection report prepared for use by an attorney for litigation to be reported to the board or assessed a filing fee. The bill would require instead that the written inspection report be prepared and delivered to the person requesting it, the property owner, or the property owner’s designated agent, as specified. The bill would allow an inspection report to be a complete, limited, supplemental, or reinspection report, as defined. The bill would require all inspection reports to be submitted to the board and maintained with field notes, activity forms, and notices of completion until one year after the guarantee expires if the guarantee extends beyond 3 years. The bill would require the inspection report to clearly list the infested or infected wood members or parts of the structure identified in the required diagram or sketch. By placing new requirements on a registered company or licensee this bill would expand an existing crime and would, therefore, impose a state-mandated local program.
Existing law requires a registered company to prepare a notice of work completed to give to the owner of the property when the work is completed.
This bill would make this provision only applicable to work relating to wood destroying pests and organisms.
Existing law provides that the laws governing structural pest control operators, including licensure, does not apply to persons engaged in the live capture and removal of vertebrate pests, bees, or wasps from a structure without the use of pesticides.
This bill would instead apply those laws to persons that engage in the live capture and removal of vertebrate pests without the use of pesticides. By requiring persons that engaged in the live capture and removal of vertebrate pests without the use of pesticides to comply with the laws governing structural pest control operators, this bill would expand an existing crime, and would, therefore, impose a state-mandated local program. By requiring those person to be licensed, this bill would require them to pay a licensee fee that would go into a continuously appropriated fund, which would, therefore, result in an appropriation.
(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
It is the intent of the Legislature to enact future
2legislation that would establish a Dental Corps Scholarship
3Program within the Health and Professions Education Foundation
4to increase the supply of dentists serving in medically underserved
Section 1636.4 of the Business and Professions Code
7 is amended to read:
(a) The Legislature recognizes the need to ensure that
9graduates of foreign dental schools who have received an education
10that is equivalent to that of accredited institutions in the United
11States and that adequately prepares their students for the practice
12of dentistry shall be subject to the same licensure requirements as
13graduates of approved dental schools or colleges. It is the purpose
14of this section to provide for the evaluation of foreign dental
15schools and the approval of those foreign dental schools that
16provide an education that is equivalent to that of similar accredited
17institutions in the United States and that adequately prepare their
18students for the practice of dentistry.
19(b) The board shall be responsible
for the approval of foreign
20dental schools based on standards established pursuant to
begin delete (d). The board may contract with outside consultants
22or a national professional organization to survey and evaluate
23foreign dental schools. The consultant or organization shall report
24to the board regarding its findings in the survey and evaluation.end delete
P5 1(c) The board shall establish a technical advisory group to review
2and comment upon the survey and evaluation of a foreign dental
3school contracted for pursuant to subdivision (b), prior to any final
4action by the board regarding certification of the foreign dental
5school. The technical advisory group shall be selected by the board
6and shall consist of four dentists, two of whom shall be selected
7from a list of five recognized United States dental educators
8recommended by the foreign school seeking approval. None of
9the members of the technical advisory group shall be affiliated
10with the school seeking certification.
12 Any foreign dental school that wishes to be approved
13pursuant to this section shall make application to the board for this
14approval, which shall be based upon a finding that
15the educational program of the foreign dental school is equivalent
16to that of similar accredited institutions in the United States and
17adequately prepares its students for the practice of dentistry.
18Curriculum, faculty qualifications, student attendance, plant and
19facilities, and other relevant factors shall be reviewed and
begin delete board, with the cooperation of the technical advisory
shall identify by rule the standards and review
22procedures and methodology to be used in the approval process
23consistent with this subdivision. The board shall not grant approval
24if deficiencies found are of such magnitude as to prevent the
25students in the school from receiving an educational base suitable
26for the practice of dentistry.
28 Periodic surveys and evaluations of all approved schools
begin delete shallend delete be made to ensure continued compliance with this
30section. Approval shall include provisional and full approval. The
31provisional form of approval shall be for a period determined by
32the board, not to exceed three years, and shall be granted to an
33institution, in accordance with rules established by the board, to
34provide reasonable time for the school seeking permanent approval
35to overcome deficiencies found by the board. Prior to the expiration
36of a provisional approval and before the full approval is granted,
37the school shall be required to submit evidence that deficiencies
38noted at the time of initial application have been remedied. A
39school granted full approval shall provide evidence of continued
40compliance with this section. In the event that the board denies
P6 1approval or reapproval, the board shall give the school a specific
2listing of the deficiencies that caused the denial and the
3requirements for remedying the deficiencies, and shall permit the
4school, upon request, to demonstrate by satisfactory evidence,
5within 90 days, that it has remedied the deficiencies listed by the
8 A school shall pay a registration fee established by rule of
9the board, not to exceed one thousand dollars ($1,000), at the time
10of application for approval and shall pay all reasonable costs and
begin delete the board incursend delete for begin delete the conduct ofend delete
12 the approval survey.
14 The board shall renew approval upon receipt of a renewal
15application, accompanied by a fee not to exceed five hundred
16dollars ($500). Each fully approved institution shall submit a
17renewal application every seven years. Any approval that is not
18renewed shall automatically expire.
Section 2811.5 of the Business and Professions Code
20 is amended to read:
(a) Each person renewing his or her license under
22Section 2811 shall submit proof satisfactory to the board that,
23during the preceding two-year period, he or she has been informed
24of the developments in the registered nurse field or in any special
25area of practice engaged in by the licensee, occurring since the
26last renewal thereof, either by pursuing a course or courses of
27continuing education in the registered nurse field or relevant to
28the practice of the licensee, and approved by the board, or by other
29means deemed equivalent by the board.
30(b) For purposes of this section, the board shall, by regulation,
31establish standards for continuing education. The standards shall
32be established in a manner to assure that a variety of alternative
33forms of continuing education are available to licensees, including,
34but not limited to, academic studies, in-service education, institutes,
35seminars, lectures, conferences, workshops, extension studies, and
36home study programs. The standards shall take cognizance of
37specialized areas of
begin delete practice.end delete The continuing
39education standards established by the board shall not exceed 30
40hours of direct participation in a course or courses approved by
P7 1the board, or its equivalent in the units of measure adopted by the
8 The board shall encourage continuing education in spousal
9or partner abuse detection and treatment. In the event the board
10establishes a requirement for continuing education coursework in
11spousal or partner abuse detection or treatment, that requirement
12shall be met by each licensee within no more than four years from
13the date the requirement is imposed.
15 In establishing standards for continuing education, the board
16shall consider including a course in the special care needs of
17individuals and their families facing end-of-life issues, including,
18but not limited to, all of the following:
19(1) Pain and symptom management.
20(2) The psycho-social dynamics of death.
21(3) Dying and bereavement.
22(4) Hospice care.
24 In establishing standards for continuing education, the board
25may include a course on pain management.
27 This section shall not apply to licensees during the first two
28years immediately following their initial licensure in California
29or any other governmental jurisdiction.
31 The board may, in accordance with the
intent of this section,
32make exceptions from continuing education requirements for
33licensees residing in another state or country, or for reasons of
34health, military service, or other good cause.
Section 8516 of the Business and Professions Code is
36amended to read:
(a) This section, and Section 8519, apply only to wood
38destroying pests or organisms.
begin deleteNo end deleteregistered company or licensee shall commence
40work on a contract, or sign, issue, or deliver any documents
P8 1expressing an opinion or statement relating to the absence or
2presence of wood destroying pests or organisms until an inspection
3has been made by a licensed Branch 3 field representative or
begin delete operator.end delete The address of each property inspected
6or upon which work is completed shall be reported on a form
7prescribed by the board and shall be filed with the board no later
8than 10 business days after the commencement of an inspection
9or upon completed work.
10Every property inspected pursuant to this subdivision or Section
118518 shall be assessed a filing fee pursuant to Section 8674.
12Failure of a registered company to report and file with the board
13the address of any property inspected or work completed pursuant
14to Section 8518 or this section is grounds for disciplinary action
15and shall subject the registered company to a fine of not more than
16two thousand five hundred dollars ($2,500).
20A written inspection report conforming to this section and a form
21approved by the board shall be prepared and delivered to the person
22requesting the inspection or to the
begin delete person’send delete
begin delete agentend delete within 10 business days
begin delete ofend delete the inspection, except that an inspection report
25prepared for use by an attorney for litigation purposes is not
26required to be reported to the
begin delete board.end delete The report shall be delivered
30before work is commenced on any property. The registered
31company shall retain for three years all
begin delete originalend delete inspection reports,
32field notes, and activity forms.
33Reports shall be made available for inspection and reproduction
34to the executive officer of the board or his or her duly authorized
35representative during business hours.
begin delete Originalend delete inspection reports
36or copies thereof shall be submitted to the board upon
begin delete requestend delete
37 within two business days. The following shall be set forth
38in the report:
39(1) The date of the inspection and the name of the licensed
40field representative or operator making the inspection.
P9 1(2) The name and address of the person or firm ordering the
3(3) The name and address of any person
4who is a party in interest.
5(4) The address or location of the property.
6(5) A general description of the building or premises inspected.
7(6) A foundation diagram or sketch of the structure or structures
8or portions of the structure or structures inspected,
begin delete indicating the approximate location of any infested or
10infected areas evident, and the parts of the structure where
11conditions that would ordinarily subject those parts to attack by
12wood destroying pests or organisms exist.
18(7) Information regarding the substructure, foundation walls
19and footings, porches, patios and steps, air vents, abutments, attic
20spaces, roof framing that includes the eaves, rafters, fascias,
21exposed timbers, exposed sheathing, ceiling joists, and attic walls,
22or other parts subject to attack by wood destroying pests or
23organisms. Conditions usually deemed likely to lead to infestation
24or infection, such as earth-wood contacts, excessive cellulose
25debris, faulty grade levels, excessive moisture conditions, evidence
26of roof leaks, and insufficient ventilation are to be reported.
27(8) One of the following statements, as appropriate, printed in
29(A) The exterior surface of the roof was not inspected. If you
30want the water tightness of the roof determined, you should contact
31a roofing contractor who is licensed by the Contractors’ State
33(B) The exterior surface of the roof was inspected to determine
34whether or not wood destroying pests or organisms are present.
35(9) Indication or description
of any areas that are inaccessible
36or not inspected with recommendation for further inspection if
37practicable. If, after the report has been made in compliance with
38this section, authority is given later to open inaccessible areas, a
39supplemental report on conditions in these areas shall be made.
40(10) Recommendations for corrective measures.
P10 1(11) Information regarding the pesticide or pesticides to be used
2for their control as set forth in subdivision (a) of
4(12) The inspection report shall clearly disclose that if requested
5by the person ordering the original report, a reinspection of the
6structure will be performed if an estimate or bid for making repairs
7was given with the original inspection report, or thereafter.
8(13) The inspection report shall contain the following statement,
9printed in boldface type:
11“NOTICE: Reports on this structure prepared by various
12registered companies should list the same findings (i.e. termite
13infestations, termite damage, fungus damage, etc.). However,
14recommendations to correct these findings may vary from company
15to company. You have a right to seek a second opinion from
estimate or bid
begin delete for repairsend delete
shall be given separately allocating
19the costs to perform each and every recommendation for corrective
20measures as specified in subdivision (c) with the original inspection
21report if the person who ordered the original inspection report so
22requests, and if the registered company is regularly in the business
23of performing corrective
begin delete measures.end delete
24If no estimate or bid was given with the original inspection
25report, or thereafter, then the registered company shall not be
26required to perform a reinspection.
27A reinspection shall be an inspection of those items previously
28listed on an original report to determine if the recommendations
29have been completed. Each reinspection shall be reported on an
30original inspection report form and shall be labeled
begin delete “Reinspection”
31in capital letters by rubber stamp or typewritten.end delete
32 Each reinspection shall also identify the original report by date.
33After four months from an original inspection, all inspections
34shall be original inspections and not reinspections.
35Any reinspection shall be performed for not more than the price
36of the registered company’s original inspection price and shall be
37completed within 10
begin delete workingend delete days after a reinspection
38has been ordered.
9(c) At the time a report is ordered, the registered company or
10licensee shall inform the person or entity ordering the report, that
11a separated report is available pursuant to this subdivision. If a
12separated report is requested at the time the inspection report is
13ordered, the registered company or licensee shall separately identify
14on the report each recommendation for corrective measures as
16(1) The infestation or infection that is evident.
17(2) The conditions that are present that are deemed likely to
18lead to infestation or infection.
19If a registered company or licensee fails to inform as required
20by this subdivision and a dispute arises, or if any other dispute
21arises as to whether this subdivision has been complied with, a
22separated report shall be provided within 24 hours of the request
23but, in no event, later than the next business day, and at no
25(d) When a corrective condition is identified, either as paragraph
26(1) or (2) of subdivision (c), and the
begin delete responsible party, as negotiated chooses not to correct those conditions,
27between the buyer and the seller,end delete
29the registered company or licensee shall not be liable for damages
30resulting from a failure to correct those conditions or subject to
31any disciplinary action by the board. Nothing in this subdivision,
32however, shall relieve a registered company or a licensee of any
33liability resulting from negligence, fraud, dishonest dealing, other
34violations pursuant to this chapter, or contractual obligations
35between the registered company or licensee and the responsible
37(e) The inspection report form prescribed by the board shall
38separately identify the infestation or infection that is evident and
39the conditions that are present that are deemed likely to lead to
40infestation or infection. If a separated form is requested, the form
P12 1shall explain the infestation or infection that is evident and the
2conditions that are present that are deemed likely to lead to
3infestation or infection and the difference between those conditions.
4In no event, however, shall conditions deemed likely to lead to
5infestation or infection be characterized as actual “defects” or as
6actual “active” infestations or infections or in need of correction
7as a precondition to issuing a certification pursuant to Section
9(f) The report and any contract entered into shall also state
10specifically when any guarantee for the work is made, and if so,
11the specific terms of the guarantee and the period of time for which
12the guarantee shall be in effect.
begin deleteControl service is defined as the regular reinspection of a Under
a control service agreement
18property after a report has been made in compliance with this
19section and any corrections as have been agreed upon have been
20completed. end delete
25a registered company shall refer to the original report and contract
26in a manner as to identify them clearly, and the report shall be
27assumed to be a true report of conditions as originally issued,
28except it may be modified after a control service inspection. A
29registered company is not required to issue a report as outlined in
30paragraphs (1) to (11), inclusive, of subdivision (b) after each
31control service inspection. If after control service inspection, no
32modification of the original report is made in writing, then it will
33be assumed that conditions are as originally reported. A control
34service contract shall state specifically the particular wood
35destroying pests or organisms and the portions of the buildings or
36structures covered by the contract.
37(h) A registered company or licensee may enter into and
38maintain a control service agreement provided the following
39requirements are met:
P13 1(1) The control service agreement shall be in writing, signed by
2both parties, and shall specifically include the following:
3(A) The wood destroying pests and organisms that could infest
4and infect the structure.
6 The wood destroying pests and organisms covered by the
7control service agreement.
begin delete Anyend delete
8 wood destroying pest or organism that is not covered
9must be specifically listed.
10(C) The type and manner of treatment to be used to correct the
11infestations or infections.
12(D) The structures or buildings, or portions thereof, covered by
13the agreement, including a statement specifying whether the
14coverage for purposes of periodic inspections is limited or full.
15Any exclusions from those described in the original report must
16be specifically listed.
17(E) A reference to the original inspection
begin delete report and agreement.end delete
19(F) The frequency of the inspections to be provided, the fee to
20be charged for each renewal, and the duration of the agreement.
21(G) Whether the fee includes structural repairs.
22(H) If the services provided are guaranteed, and, if so, the terms
23of the guarantee.
24(I) A statement that all corrections of infestations or infections
25covered by the control service agreement shall be completed within
26six months of discovery, unless otherwise agreed to in writing by
32 Inspections made pursuant to a control service agreement
33shall be conducted by a Branch 3 licensee. Section 8506.1 does
34not modify this provision.
36 A full inspection of the property covered by the control
37 service agreement shall be conducted and a report filed pursuant
38to subdivision (b) at least once every three years from the date that
39the agreement was entered into, unless the consumer cancels the
P14 1contract within three years from the date the agreement was entered
3(4) Aend delete
4written report shall
5be required for the correction of any infestation or infection unless
6all of the following conditions are met:
7(A) The infestation or infection has been previously reported.
8(B) The infestation or infection is covered by the control service
10(C) There is no additional charge for correcting the infestation
12(D) Correction of the infestation or infection takes place within
1345 days of its discovery.
14(E) Correction of the infestation or infection does not include
17 All notice requirements pursuant to Section 8538 shall apply
18to all pesticide treatments conducted under control service
20(6) For purposes of this section, “control service agreement”
21means any agreement, including extended warranties, to have a
22licensee conduct over a period of time regular inspections and
23other activities related to the control or eradication of wood
24destroying pests and organisms.
25(i) All work recommended by a registered company, where an
26estimate or bid for making repairs was given with the original
27inspection report, or thereafter, shall be recorded on this report or
28a separate work agreement and shall specify a price for each
29recommendation. This information shall be provided to the person
30requesting the inspection, and shall be retained by the registered
31company with the inspection report copy for three years.
Section 8518 of the Business and Professions Code is
33amended to read:
(a) When a registered company completes work under
35a contract, it shall prepare, on a form prescribed by the board, a
36notice of work completed and not completed, and shall furnish
37that notice to the owner of the property or the owner’s agent within
3810 business days after completing the work. The notice shall
39include a statement of the cost of the completed work and estimated
40cost of work not completed.
P15 1(b) The address of each property inspected or upon which work
2was completed shall be reported on a form prescribed by the board
3and shall be filed with the board no later than 10 business days
4after completed work.
5(c) A filing fee shall be assessed pursuant to Section 8674 for
6every property upon which work is completed.
7(d) Failure of a registered company to report and file with the
8board the address of any property upon which work was completed
9pursuant to subdivision (b) of Section 8516 or
begin delete Section 8518end delete is grounds for disciplinary action and shall subject the
11registered company to a fine of not more than two thousand five
12hundred dollars ($2,500).
13(e) The registered company shall retain for three years all
14original notices of work completed, work not completed, and
16(f) Notices of work completed and not completed shall be made
17available for inspection and reproduction to the executive officer
18of the board or his or her duly authorized representative during
19business hours. Original notices of work completed or not
20completed or copies thereof shall be submitted to the board upon
21request within two business days.
Section 8555 of the Business and Professions Code is
25amended to read:
This chapter does not apply to:
27(a) Public utilities operating under the regulations of the Public
28Utilities Commission, except to work performed upon property of
29the utilities not subject to the jurisdiction of the Public Utilities
30Commission or work done by the utility for hire.
31(b) Persons engaged only in agricultural pest control work under
32permit or license by the Department of Pesticide Regulation or a
33county agricultural commissioner.
34(c) Pest control performed by persons upon property that they
35own, lease or rent, except that the persons shall be subject to the
36limitations imposed by Article 3 of this chapter.
37(d) Governmental agencies, state, federal, city, or county
38officials, and their employees while officially engaged.
39(e) Authorized representatives of an educational institution or
40state or federal agency engaged in research or study of pest control,
P16 1or engaged in investigation or preparation for expert opinion or
2testimony. A professional engaging in research, study,
3investigation, or preparation for expert opinion or testimony on
4his or her own behalf shall comply with the requirements of this
6(f) Certified architects and registered civil engineers, acting
7solely within their professional capacity, except that they shall be
8subject to the limitations imposed by Article 3 of this chapter.
9(g) Persons engaged in the live capture and
removal or exclusion
begin delete vertebrate pests, bees,end delete or wasps from a structure without
11the use of pesticides, provided those persons maintain insurance
12coverage as described in Section 8692.
begin delete “Vertebrate pests” include,
13but are not limited to, bats, raccoons, skunks, and squirrels, but do
14not include mice, rats, or pigeons. This section does not exempt a
15person from the provisions of Chapter 1.5 (commencing with
16Section 2050) of Division 3 of the Fish and Game Code.end delete
No reimbursement is required by this act pursuant to
18Section 6 of Article XIII B of the California Constitution because
19the only costs that may be incurred by a local agency or school
20district will be incurred because this act creates a new crime or
21infraction, eliminates a crime or infraction, or changes the penalty
22for a crime or infraction, within the meaning of Section 17556 of
23the Government Code, or changes the definition of a crime within
24the meaning of Section 6 of Article XIII B of the California