BILL NUMBER: SB 2036 CHAPTERED 09/27/94 BILL TEXT CHAPTER 908 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 1994 APPROVED BY GOVERNOR SEPTEMBER 26, 1994 PASSED THE SENATE AUGUST 31, 1994 PASSED THE ASSEMBLY AUGUST 30, 1994 AMENDED IN ASSEMBLY AUGUST 26, 1994 AMENDED IN ASSEMBLY AUGUST 17, 1994 AMENDED IN ASSEMBLY AUGUST 8, 1994 AMENDED IN ASSEMBLY JUNE 30, 1994 AMENDED IN SENATE MAY 26, 1994 AMENDED IN SENATE MAY 18, 1994 AMENDED IN SENATE APRIL 4, 1994 INTRODUCED BY Senator McCorquodale (Coauthor: Assembly Member Snyder) FEBRUARY 25, 1994 An act to amend and repeal Sections 1601, 1616.5, 1742, 2001, 2020, 2460, 2531, 2602, 2607.5, 2701, 2708, 2841, 2847, 2920, 2933, 3010, 3014.5, 3320, 3504, 3710, 3716, 3910, 3915, 4000, 4004.5, 4501, 4503, 4800, 4804.5, 4928, 4934, 4990.1, 4990.8, 5000, 5015.6, 5510, 5517, 5620, 5624, 6710, 6714, 7000.5, 7011, 7200, 7302, 7310, 7601, 7607.5, 7801, 7815.5, 8000, 8005, 8520, 8528, 8710, and 9625 of, to add Sections 101.1 and 5810 to, to add Article 4 (commencing with Section 2569) to Chapter 5.5 of, and Article 7 (commencing with Section 4989) to Chapter 13 of Division 2 of, and Article 17 (commencing with Section 18890) to Chapter 2 of Division 8 of, and to add Division 1.2 (commencing with Section 473) to, the Business and Professions Code, and to amend Sections 9148, 9148.4, and 9148.10 of, and to amend the heading of Article 8 (commencing with Section 9148) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of, the Government Code, relating to licensed professionals, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 2036, McCorquodale. Professional licensing: review: repeals. Existing law provides for the licensing and regulation of various occupations and professions, each administered by a board, as defined. This bill would require that provisions establishing certain of these boards, and authorizing the appointment of an executive officer by those boards, become inoperative on either July 1, 1997, July 1, 1998, or July 1, 1999, and for their repeal effective January 1, 1998, January 1, 1999, or January 1, 2000, respectively. Existing law provides for legislative oversight of state board formation in accordance with a prescribed procedure. This bill would expand this procedure and legislative oversight to cover the creation of new categories of licensed professionals, and the revision of the scope of practice of an existing category of licensed professional. This bill would establish the Joint Legislative Sunset Review Committee, as specified, to conduct a review process of all the boards, as defined, that are to become inoperative and be repealed by this bill. This bill would require each board, with the assistance of the Department of Consumer Affairs, to prepare an analysis and submit a report to the committee no later than one year plus 90 days prior to the January 1st of the year during which the inoperative date for that board occurs. This bill would require the analysis and report to contain specified information. This bill would require the committee to hold described public hearings during the interim recess preceding the date upon which a board becomes inoperative, to receive testimony from the department, the board, the public, and the regulated industry. This bill would require the committee to evaluate and determine whether each board has demonstrated a public need for the continued existence of that board in accordance with enumerated factors and standards. This bill would require the committee to report its findings and recommendations to the department, as provided, and would require the department to submit its findings and recommendations, which shall incorporate the findings and recommendations of the committee, to the Legislature, as specified. This bill would also make the law on regulating certified interior designers, and the Athletic Commission and regulation of certain athletes by the commission subject to the review of the Joint Legislative Sunset Review Committee as described above. This bill would state the intent of the Legislature that all existing and proposed consumer-related boards or categories of licensed professionals be subject to this review every 4 years. This bill would further require that the Department of Consumer Affairs succeed to and be vested with all of the duties, powers, including the authority to expend continuously appropriated funds, purposes, responsibilities, and jurisdiction of a board, and its executive officer, in the event that board becomes inoperative or is repealed in accordance with this bill. The bill would state the intent of the Legislature. This bill would incorporate additional changes in Section 4800 of the Business and Professions Code, proposed by SB 1821, to be operative only if SB 1821 and this bill are both chaptered and become effective January 1, 1995, and this bill is chaptered last. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares the following: (a) California's multilevel, complex governmental structure today contains more than 50 categories of licensed professionals. (b) These categories of licensed professionals include licensees, who practice with a varying degree of training, qualifications, and supervision. (c) These categories of licensed professionals have been established without any method of periodically reviewing their necessity, effectiveness, or utility. (d) As a result, the Legislature and residents of California cannot be assured that existing or proposed professional or occupational licensing and regulation adequately protects the public health, safety, and welfare. SEC. 2. Section 101.1 is added to the Business and Professions Code, to read: 101.1. (a) It is the intent of the Legislature that all existing and proposed consumer-related boards or categories of licensed professionals be subject to a review every four years to evaluate and determine whether each board has demonstrated a public need for the continued existence of that board in accordance with enumerated factors and standards as set forth in Division 1.2 (commencing with Section 473). (b) (1) In the event that any board, as defined in Section 477, becomes inoperative and is repealed in accordance with the act that added this section, the Department of Consumer Affairs shall succeed to and is vested with all the duties, powers, purposes, responsibilities and jurisdiction of that board and its executive officer. (2) Any provision of existing law that provides for the appointment of board members and specifies the qualifications and tenure of board members shall not be implemented and shall have no force or effect while that board is inoperative or repealed. Every reference to the inoperative or repealed board, as defined in Section 477, shall be deemed to be a reference to the department. (3) Notwithstanding Section 107, any provision of law authorizing the appointment of an executive officer by a board subject to the review described in Division 1.2 (commencing with Section 473), or prescribing his or her duties, shall not be implemented and shall have no force or effect while the applicable board is inoperative or repealed. Any reference to the executive officer of an inoperative or repealed board shall be deemed to be a reference to the director or his or her designee. (c) It is the intent of the Legislature that subsequent legislation to extend or repeal the inoperative date for any board shall be a separate bill for that purpose. SEC. 5. Division 1.2 (commencing with Section 473) is added to the Business and Professions Code, to read: DIVISION 1.2. LEGISLATIVE SUNSET REVIEW COMMITTEE 473. (a) There is hereby established the Joint Legislative Sunset Review Committee. (b) The Joint Legislative Sunset Review Committee shall consist of three members appointed by the Senate Committee on Rules and three members appointed by the Speaker of the Assembly. No more than two of the three members appointed from either the Senate or the Assembly shall be from the same party. The Joint Rules Committee shall annually appoint the chairperson of the committee. The chairperson of this committee may not sit as the chairperson of either standing committee. (c) The Joint Legislative Sunset Review Committee shall have and exercise all of the rights, duties, and powers conferred upon investigating committees and their members by the Joint Rules of the Senate and Assembly as they are adopted and amended from time to time, which provisions are incorporated herein and made applicable to this committee and its members. (d) The Speaker of the Assembly and the Senate Committee on Rules may designate staff for the Joint Legislative Sunset Review Committee. (e) The Joint Legislative Sunset Review Committee is authorized to act until January 1, 2004, at which time the committee's existence shall terminate. 473.1. This division shall apply to every board, as defined in Section 22, that is scheduled to become inoperative on July 1, 1997, July 1, 1998, or July 1, 1999, and to be repealed on either January 1, 1998, January 1, 1999, or January 1, 2000, respectively, by the act which enacted this division. 473.2. All boards to which this division applies shall, with the assistance of the Department of Consumer Affairs, prepare an analysis and submit a report to the Joint Legislative Sunset Review Committee no later than one year plus 90 days prior to the January 1st of the year during which that board shall become inoperative. The analysis and report shall include, at a minimum, all of the following: (a) A comprehensive statement of the board's mission, goals, objectives and legal jurisdiction in protecting the health, safety, and welfare of the public. (b) The board's enforcement priorities, complaint and enforcement data, budget expenditures with average- and median-costs per case, and case aging data specific to post and preaccusation cases at the Attorney General's office. (c) The board's fund conditions, sources of revenues, and expenditure categories for the last four fiscal years by program component. (d) The board's description of its licensing process including the time and costs required to implement and administer its licensing examination, ownership of the license examination, relevancy and validity of the licensing examination, and passage rate and areas of examination. (e) The board's initiation of legislative efforts, budget change proposals, and other initiatives it has taken to improve its legislative mandate. 473.3. Prior to the termination, continuation, or reestablishment of any board or any of the board's functions, the Joint Legislative Sunset Review Committee shall, during the interim recess preceding the date upon which a board becomes inoperative, hold public hearings to receive testimony from the Director of Consumer Affairs, the board involved, and the public and regulated industry. In that hearing, each board shall have the burden of demonstrating a compelling public need for the continued existence of the board or regulatory program, and that its licensing function is the least restrictive regulation consistent with the public health, safety, and welfare. 473.4. (a) The Joint Legislative Sunset Review Committee shall evaluate and determine whether a board or regulatory program has demonstrated a public need for the continued existence of the board or regulatory program and for the degree of regulation the board or regulatory program implements based on the following factors and minimum standards of performance: (1) Whether regulation by the board is necessary to protect the public health, safety, and welfare. (2) Whether the basis or facts that necessitated the initial licensing or regulation of a practice or profession have changed. (3) Whether other conditions have arisen that would warrant increased, decreased, or the same degree of regulation. (4) If regulation of the profession or practice is necessary, whether existing statutes and regulations establish the least restrictive form of regulation consistent with the public interest, considering other available regulatory mechanisms, and whether the board rules enhance the public interest and are within the scope of legislative intent. (5) Whether the board operates and enforces its regulatory responsibilities in the public interest and whether its regulatory mission is impeded or enhanced by existing statutes, regulations, policies, practices, or any other circumstances, including budgetary, resource, and personnel matters. (6) Whether an analysis of board operations indicates that the board performs its statutory duties efficiently and effectively. (7) Whether the composition of the board adequately represents the public interest and whether the board encourages public participation in its decisions rather than participation only by the industry and individuals it regulates. (8) Whether the board and its laws or regulations stimulate or restrict competition, and the extent of the economic impact the board's regulatory practices have on the state's business and technological growth. (9) Whether complaint, investigation, powers to intervene, and disciplinary procedures adequately protect the public and whether final dispositions of complaints, investigations, restraining orders, and disciplinary actions are in the public interest; or if it is, instead, self-serving to the profession, industry or individuals being regulated by the board. (10) Whether the scope of practice of the regulated profession or occupation contributes to the highest utilization of personnel and whether entry requirements encourage affirmative action. (11) Whether administrative and statutory changes are necessary to improve board operations to enhance the public interest. (b) The Joint Legislative Sunset Review Committee shall consider alternatives to placing responsibilities and jurisdiction of the board under the Department of Consumer Affairs. (c) Nothing in this section precludes any board from submitting other appropriate information to the Joint Legislative Sunset Review Committee. 473.5. The Joint Legislative Sunset Review Committee shall report its findings and recommendations to the department for its review, and, within 60 days of receiving the report, the department shall report its findings and recommendations, which shall incorporate the findings and recommendations of the Joint Legislative Sunset Review Committee, to the Legislature during the next year of the regular session that follows the hearings described in Section 473.3. The report shall include whether each board or function scheduled for repeal shall be terminated, continued, or reestablished, and whether its functions should be revised. If the committee or the department deems it advisable, the report may include proposed bills to carry out its recommendations. SEC. 6. Section 1601 of the Business and Professions Code is amended to read: 1601. There is in the Department of Consumer Affairs a Board of Dental Examiners of California in which the administration of this chapter is vested. The board consists of eight practicing dentists, one registered dental hygienist, one registered dental assistant, and four public members. The board shall be organized into standing committees dealing with examinations, enforcement, auxiliary matters, and other subjects as the board deems appropriate. This section shall become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 7. Section 1616.5 of the Business and Professions Code is amended to read: 1616.5. 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 become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 7.5. Section 1742 of the Business and Professions Code is amended to read: 1742. There is within the jurisdiction of the board a Committee on Dental Auxiliaries. This section shall become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 8. Section 2001 of the Business and Professions Code is amended to read: 2001. There is in the Department of Consumer Affairs a Medical Board of California which consists of 19 members, seven of whom shall be public members. The Governor shall appoint 17 members to the board, subject to confirmation by the Senate, five of whom shall be public members. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member, and their initial appointment shall be made to fill, respectively, the first and second public member vacancies which occur on or after January 1, 1983. This section shall become inoperative on July 1, 1999, and, as of January 1, 2000, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 9. Section 2020 of the Business and Professions Code is amended to read: 2020. The board may employ an executive director exempt from the provisions of the Civil Service Act and may also employ investigators, legal counsel, medical consultants, and other assistance as it may deem necessary to carry into effect this chapter. The board may fix the compensation to be paid for services subject to the provisions of applicable state laws and regulations and may incur other expenses as it may deem necessary. Investigators employed by the board shall be provided special training in investigating medical practice activities. The Attorney General shall act as legal counsel for the board for any judicial and administrative proceedings and his or her services shall be a charge against it. This section shall become inoperative on July 1, 1999, and, as of January 1, 2000, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 10. Section 2460 of the Business and Professions Code is amended to read: 2460. There is created within the jurisdiction of the Division of Allied Health Professions of the Medical Board of California the California Board of Podiatric Medicine. This section shall become inoperative on July 1, 1999, and, as of January 1, 2000, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 11. Section 2531 of the Business and Professions Code is amended to read: 2531. There is hereby created a Speech-Language Pathology and Audiology Examining Committee under the jurisdiction of the Division of Allied Health Professions of the Medical Board of California. The committee shall consist of nine members, three of whom shall be public members. This section shall become inoperative on July 1, 1999, and, as of January 1, 2000, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 12. Article 4 (commencing with Section 2569) is added to Chapter 5.5 of Division 2 of the Business and Professions Code, to read: Article 4. Review 2569. The powers and duties of the board, as set forth in this chapter, shall be subject to the review required by Division 1.2 (commencing with Section 473). The first review shall be performed as if this chapter were scheduled to become inoperative on July 1, 1997, and would be repealed as of January 1, 1998, as described in Section 473.1. SEC. 13. Section 2602 of the Business and Professions Code is amended to read: 2602. There is hereby created within the jurisdiction of the Medical Board of California, a Physical Therapy Examining Committee of California, hereinafter referred to as the committee. The committee shall enforce and administer this chapter. This section shall become inoperative on July 1, 1999, and, as of January 1, 2000, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 14. Section 2607.5 of the Business and Professions Code is amended to read: 2607.5. The committee 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 committee and vested in him or her by this chapter. This section shall become inoperative on July 1, 1999, and, as of January 1, 2000, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 15. Section 2701 of the Business and Professions Code is amended to read: 2701. The California Board of Nursing Education and Nurse Registration, consisting of nine members, is continued in existence in the Department of Consumer Affairs as the Board of Registered Nursing. Within the meaning of this chapter, board, or the board, refers to the Board of Registered Nursing. Any reference in state law to the Board of Nurse Examiners of the State of California or California Board of Nursing Education and Nurse Registration shall be construed to refer to the Board of Registered Nursing. This section shall become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 16. Section 2708 of the Business and Professions Code is amended to read: 2708. The board shall appoint an executive officer who shall perform the duties delegated by the board and who shall be responsible to it for the accomplishment of those duties. The executive officer shall be a nurse currently licensed under this chapter and shall possess other qualifications as determined by the board. The executive officer shall not be a member of the board. This section shall become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 17. Section 2841 of the Business and Professions Code is amended to read: 2841. There is in the Department of Consumer Affairs a Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California, consisting of 11 members. Within the meaning of this chapter, board, or the board, refers to the Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California. This section shall become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 18. Section 2847 of the Business and Professions Code is amended to read: 2847. The board shall select an executive officer who shall perform such duties as are delegated by the board and who shall be responsible to it for the accomplishment of such duties. The person selected to be the executive officer of the board shall be a duly licensed vocational nurse under the provisions of this chapter or a duly licensed professional nurse as defined in Section 2725 or a duly licensed psychiatric technician. The executive officer shall not be a member of the board. With the approval of the Director of Finance, the board shall fix the salary of the executive officer. The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before some duly authorized person, that the expenses have been actually incurred. This section shall become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 19. Section 2920 of the Business and Professions Code is amended to read: 2920. The Board of Psychology of the Medical Board of California of the Department of Consumer Affairs shall administer this chapter. The board shall consist of eight members, three of whom shall be public members. This section shall become inoperative on July 1, 1999, and, as of January 1, 2000, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 20. Section 2933 of the Business and Professions Code is amended to read: 2933. Except as provided by Section 159.5, the division shall employ and shall make available to the board within the limits of the funds received by the division all personnel necessary to carry out this chapter. The board may employ, exempt from the State Civil Service Act, an executive officer to the Board of Psychology. The division shall make all expenditures to carry out this chapter. The division may accept contributions to effectuate the purposes of this chapter. This section shall become inoperative on July 1, 1999, and, as of January 1, 2000, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 21. Section 3010 of the Business and Professions Code is amended to read: 3010. There is in the Department of Consumer Affairs a State Board of Optometry in which the enforcement of this chapter is vested. The board consists of nine members, three of whom shall be public members. Six members of the board shall constitute a quorum. This section shall become inoperative on July 1, 1999, and, as of January 1, 2000, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 22. Section 3014.5 of the Business and Professions Code is amended to read: 3014.5. 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 become inoperative on July 1, 1999, and, as of January 1, 2000, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 23. Section 3320 of the Business and Professions Code is amended to read: 3320. There is within the jurisdiction of the board a Hearing Aid Dispensers Examining Committee. The committee shall consist of seven members. Four members shall be public members, one of whom shall be a licensed physician and surgeon specializing in treatment of the diseases of the ear and certified by the American Board of Otolaryngology, and another public member shall be an audiologist licensed under Chapter 5.3 (commencing with Section 2530). Each public member shall be a citizen of the United States, a resident of the State of California, and of good moral character. The remaining three members shall be, and shall have been for at least five years immediately preceding their appointment, engaged exclusively in this state in the practice of fitting or selling hearing aids to persons with impaired hearing. All hearing aid dispenser members shall be persons who hold permanent and valid licenses under this chapter. The director or his or her deputy shall be entitled to attend all meetings of the committee, except that neither shall have the power to vote nor shall be counted for quorum purposes. This section shall become inoperative on July 1, 1999, and, as of January 1, 2000, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 24. Section 3504 of the Business and Professions Code is amended to read: 3504. There is established a Physician Assistant Examining Committee of the Medical Board of California. The committee consists of nine members. This section shall become inoperative on July 1, 1999, and, as of January 1, 2000, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 25. Section 3710 of the Business and Professions Code is amended to read: 3710. There is hereby created within the jurisdiction of the board, a Respiratory Care Examining Committee, hereinafter referred to as the examining committee. The examining committee shall enforce and administer the provisions of this chapter. This section shall become inoperative on July 1, 1999, and, as of January 1, 2000, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 26. Section 3716 of the Business and Professions Code is amended to read: 3716. The examining committee may employ an executive officer exempt from civil service and, subject to the provisions of law relating to civil service, clerical assistants and, except as provided in Section 159.5, other employees as it may deem necessary to carry out its powers and duties. This section shall become inoperative on July 1, 1999, and, as of January 1, 2000, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 27. Section 3910 of the Business and Professions Code is amended to read: 3910. There is hereby created in the Department of Consumer Affairs a State Board of Examiners of Nursing Home Administrators which shall consist of nine members, all of whom shall be citizens of the United States and residents of this state. This section shall become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 28. Section 3915 of the Business and Professions Code is amended to read: 3915. The board shall elect from its membership three officers, a chairperson, a vice chairperson, and a secretary, and shall adopt rules and regulations to govern its proceedings. The chairperson, or five board members, by signed written request, may call board meetings upon written notice to each member of the board. The board at its discretion shall appoint an executive officer. This section shall become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 29. Section 4000 of the Business and Professions Code is amended to read: 4000. There is in the Department of Consumer Affairs a California State Board of Pharmacy in which the administration and enforcement of this chapter is vested. The board consists of 10 members. This section shall become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 30. Section 4004.5 of the Business and Professions Code is amended to read: 4004.5. 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 become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 31. Section 4501 of the Business and Professions Code is amended to read: 4501. "Board," as used in this chapter, means the Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California. This section shall become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 32. Section 4503 of the Business and Professions Code is amended to read: 4503. The board shall administer and enforce the provisions of this chapter. This section shall become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 33. Section 4800 of the Business and Professions Code is amended to read: 4800. There is in the Department of Consumer Affairs a Board of Examiners in Veterinary Medicine in which the administration of this chapter is vested. The board consists of six members, two of whom shall be public members. This section shall become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 33.5. Section 4800 of the Business and Professions Code is amended to read: 4800. 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 six members, two of whom shall be public members. This section shall become inoperative on July 1, 1998, and as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 34. 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 become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 35. Section 4928 of the Business and Professions Code is amended to read: 4928. There is within the jurisdiction of the board an Acupuncture Committee which consists of 11 members. This section shall become inoperative on July 1, 1999, and, as of January 1, 2000, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 36. Section 4934 of the Business and Professions Code is amended to read: 4934. The board shall employ personnel necessary for the administration of this chapter; however, the committee may appoint an executive officer who is exempt from the provisions of the Civil Service Act. This section shall become inoperative on July 1, 1999, and, as of January 1, 2000, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 37. Article 7 (commencing with Section 4989) is added to Chapter 13 of Division 2 of the Business and Professions Code, to read: Article 7. Review 4989. The powers and duties of the board, as set forth in this chapter, shall be subject to the review required by Division 1.2 (commencing with Section 473). The first review shall be performed as if this chapter were scheduled to become inoperative on July 1, 1999, and would be repealed as of January 1, 2000, as described in Section 473.1. SEC. 38. Section 4990.1 of the Business and Professions Code is amended to read: 4990.1. There is in the Department of Consumer Affairs a Board of Behavioral Science Examiners which consists of 11 members. This section shall become inoperative on July 1, 1999, and, as of January 1, 2000, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 39. Section 4990.8 of the Business and Professions Code is amended to read: 4990.8. The executive officer shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter. This section shall become inoperative on July 1, 1999, and, as of January 1, 2000, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 40. Section 5000 of the Business and Professions Code is amended to read: 5000. There is in the Department of Consumer Affairs a State Board of Accountancy, which consists of 12 members, seven of whom shall be certified public accountants, one of whom shall be a public accountant, and four of whom shall be public members who shall not be licentiates of the board or registered by the board. The board has the powers and duties conferred by this chapter. The Governor shall appoint two of the public members and the eight accountant members qualified as provided in this section. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member. In appointing the seven certified public accountant members, the Governor shall appoint members representing a cross section of the accounting profession with at least one member representing a small public accounting firm. For the purposes of this chapter, a small public accounting firm shall be defined as a professional firm that employs a total of no more than four certified public accountants as partners, owners, or full-time employees in the practice of public accountancy within the State of California. This section shall become inoperative on July 1, 1997, and, as of January 1, 1998, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1998, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 41. Section 5015.6 of the Business and Professions Code is amended to read: 5015.6. 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 become inoperative on July 1, 1997, and, as of January 1, 1998, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1998, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 42. Section 5510 of the Business and Professions Code is amended to read: 5510. There is in the Department of Consumer Affairs a California Board of Architectural Examiners which consists of 10 members. This section shall become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 43. Section 5517 of the Business and Professions Code is amended to read: 5517. 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 become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 44. Section 5620 of the Business and Professions Code is amended to read: 5620. There is in the Department of Consumer Affairs a California State Board of Landscape Architects which shall consist of seven members. The membership of the board shall at all times consist of one member who is a resident of, and practices landscape architecture in southern California and one member who is a resident of, and practices landscape architecture in northern California. Three members of the board shall be licensed to practice landscape architecture in this state. The other four shall be public members who shall not be licentiates of the board. This section shall become inoperative on July 1, 1997, and, as of January 1, 1998, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1998, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 45. Section 5624 of the Business and Professions Code is amended to read: 5624. The board shall elect from its members a president to hold office for one year. 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. The executive officer shall hold the office at the pleasure of the board and shall receive a salary fixed by the board with the approval of the Director of Finance. This section shall become inoperative on July 1, 1997, and, as of January 1, 1998, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1998, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 45.5. Section 5810 is added to the Business and Professions Code, to read: 5810. This chapter shall be subject to the review required by Division 1.2 (commencing with Section 473). The first review shall be performed in conjunction with those boards scheduled to become inoperative on July 1, 1997. This chapter shall become inoperative on July 1, 1997, and, as of January 1, 1998, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1998, deletes or extends the date on which it becomes inoperative and is repealed. SEC. 46. Section 6710 of the Business and Professions Code is amended to read: 6710. There is in the Department of Consumer Affairs a State Board of Registration for Professional Engineers and Land Surveyors, which consists of 13 members. This section shall become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 47. Section 6714 of the Business and Professions Code is amended to read: 6714. The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance. This section shall become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 48. Section 7000.5 of the Business and Professions Code is amended to read: 7000.5. There is in the Department of Consumer Affairs a Contractors' State License Board, which consists of 13 members. This section shall become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 49. Section 7011 of the Business and Professions Code is amended to read: 7011. The board by and with the approval of the director shall appoint a registrar of contractors and fix his or her compensation. The registrar shall be the executive officer and secretary of the board and shall carry out all of the administrative duties as provided in this chapter and as delegated to him or her by the board. For the purpose of administration of this chapter, there may be appointed a deputy registrar, a chief reviewing and hearing officer and, subject to the provisions of Section 159.5, other assistants and subordinates as may be necessary. Appointments shall be made in accordance with the provisions of civil service laws. This section shall become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 50. Section 7200 of the Business and Professions Code is amended to read: 7200. There is in the Department of Consumer Affairs a State Board of Guide Dogs for the Blind in whom enforcement of this chapter is vested. The board shall consist of seven members appointed by the Governor. One member shall be the Director of Rehabilitation or his or her designated representative. The remaining members shall be persons who have shown a particular interest in dealing with the problems of the blind, and at least two of them shall be blind persons who use guide dogs. This section shall become inoperative on July 1, 1997, and, as of January 1, 1998, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1998, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 51. Section 7302 of the Business and Professions Code is amended to read: 7302. There is in the Department of Consumer Affairs a State Board of Barbering and Cosmetology which consists of nine members. The members of the board shall consist of five public members and four members representing the professions. Wherever in this chapter "board" is used it refers to the State Board of Barbering and Cosmetology. This section shall become inoperative on July 1, 1997, and, as of January 1, 1998, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1998, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 52. Section 7310 of the Business and Professions Code is amended to read: 7310. (a) The board shall appoint an executive officer exempt from civil service, who shall not be a board member, who shall exercise the powers and perform the duties delegated by the board and vested in that person by this chapter. (b) The board shall also have the authority to employ a deputy executive officer. (c) The board's appointment of an executive officer shall be subject to confirmation by the Director of Consumer Affairs. The director may reject the board's appointment of its executive officer, or may recommend dismissal of the executive officer to the board, provided that the rejection or recommendation for dismissal be for good cause specifically stated to the board in writing. (d) The executive officer shall employ examiners, inspectors and all other personnel as necessary to carry out this chapter. Their compensation, and all expenses incurred by the board, shall be paid exclusively from the special funds received by the board. (e) The board shall employ through its executive officer sufficient inspectors to ensure that the health and safety of consumers is met. (f) The board shall prescribe through its executive officer the qualifications and duties of its employees in accordance with established civil service guidelines and collective bargaining agreements. (g) This section shall become inoperative on July 1, 1997, and, as of January 1, 1998, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1998, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 53. Section 7601 of the Business and Professions Code is amended to read: 7601. There is in the Department of Consumer Affairs the State Board of Funeral Directors and Embalmers which consists of five members, two of whom shall be licentiates of the board, and three of whom shall be public members. This section shall become inoperative on July 1, 1997, and, as of January 1, 1998, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1998, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 54. Section 7607.5 of the Business and Professions Code is amended to read: 7607.5. 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 become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 55. Section 7801 of the Business and Professions Code is amended to read: 7801. "Board," as used in this chapter, means the State Board of Registration for Geologists and Geophysicists. This section shall become inoperative on July 1, 1997, and, as of January 1, 1998, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1998, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 56. Section 7815.5 of the Business and Professions Code is amended to read: 7815.5. 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 become inoperative on July 1, 1997, and, as of January 1, 1998, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1998, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 57. Section 8000 of the Business and Professions Code is amended to read: 8000. There is in the Department of Consumer Affairs a Court Reporters Board of California, which consists of five members, three of whom shall be public members and two of whom shall be holders of certificates issued under this chapter who have been actively engaged as shorthand reporters within this state for at least five years immediately preceding their appointment. This section shall become inoperative on July 1, 1997, and, as of January 1, 1998, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1998, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 58. Section 8005 of the Business and Professions Code is amended to read: 8005. The Court Reporters Board of California is charged with the executive functions necessary for effectuating the purposes of this chapter. It may appoint committees as it deems necessary or proper. The board may appoint, prescribe the duties, and fix the salary of an executive officer. Except as provided by Section 159.5, the board may also employ other employees as may be necessary, subject to civil service and other provisions of law. This section shall become inoperative on July 1, 1997, and, as of January 1, 1998, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1998, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 59. Section 8520 of the Business and Professions Code is amended to read: 8520. There is in the Department of Consumer Affairs a Structural Pest Control Board, which consists of seven members. Subject to the jurisdiction conferred upon the director by Division 1 (commencing with Section 100) of this code, the board is vested with the power to and shall administer the provisions of this chapter. This section shall become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 60. Section 8528 of the Business and Professions Code is amended to read: 8528. With the approval of the director, the board shall appoint a registrar, fix his or her compensation and prescribe his or her duties. The registrar is the executive officer and secretary of the board. This section shall become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 61. Section 8710 of the Business and Professions Code is amended to read: 8710. The State Board of Registration for Professional Engineers and Land Surveyors is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations which are reasonably necessary to carry out its provisions. This section shall become inoperative on July 1, 1998, and, as of January 1, 1999, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 62. Section 9625 of the Business and Professions Code is amended to read: 9625. There is in the department a Cemetery Board which consists of six members, including four members representing the public at large. Each appointment shall be for a four-year term expiring June 1 of the fourth year following the year in which the previous term expired. The Governor shall appoint two of the public members and the two members qualified as provided in Section 9626 with confirmation of the Senate. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member, and their initial appointment shall be made to fill, respectively, the first and second public member vacancies which occur on or after January 1, 1983. This section shall become inoperative on July 1, 1997, and, as of January 1, 1998, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1998, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 63. Article 17 (commencing with Section 18890) is added to Chapter 2 of Division 8 of the Business and Professions Code, to read: Article 17. Review 18890. This chapter shall be subject to the review required by Division 1.2 (commencing with Section 473). The first review shall be performed as if this chapter, establishing the Athletic Commission, were scheduled to become inoperative on July 1, 1997, and would be repealed as of January 1, 1998, as described in Section 473.1. SEC. 64. The heading of Article 8 (commencing with Section 9148) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code is amended to read: Article 8. Legislative Oversight of State Board Formation and Licensed Professional Practice SEC. 65. Section 9148 of the Government Code is amended to read: 9148. Any state board proposed for creation by the Legislature on or after January 1, 1991, or any category of licensed professional proposed for creation by the Legislature on or after January 1, 1995, shall be subject to this article. SEC. 66. Section 9148.4 of the Government Code is amended to read: 9148.4. Prior to consideration by the Legislature of legislation creating a new state board or legislation creating a new category of licensed professional, a plan for the establishment and operation of the proposed state board or new category of licensed professional shall be developed by the author or sponsor of the legislation. The plan shall include, but not be limited to, all of the following: (a) A description of the problem that the creation of the specific state board or new category of licensed professional would address, including the specific evidence of need for the state to address the problem. (b) The reasons why this proposed state board or new category of licensed professional was selected to address this problem, including the full range of alternatives considered and the reason why each of these alternatives was not selected. Alternatives that shall be considered include, but are not limited to, the following: (1) No action taken to establish a state board or create a new category of licensed professional. (2) The use of a current state board or agency or the existence of a current category of licensed professional to address the problem, including any necessary changes to the mandate or composition of the existing state board or agency or current category of licensed professional. (3) The various levels of regulation or administration available to address the problem. (4) Addressing the problem by federal or local agencies. (c) The specific public benefit or harm that would result from the establishment of the proposed state board or new category of licensed professional, the specific manner in which the proposed state board or new category of licensed professional would achieve this benefit, and the specific standards of performance which shall be used in reviewing the subsequent operation of the board or category of licensed professional. (d) The specific source or sources of revenue and funding to be utilized by the proposed state board or new category of licensed professional in achieving its mandate. (e) The necessary data and other information required in this section shall be provided to the Legislature with the initial legislation and forwarded to the policy committees in which the bill will be heard. SEC. 67. Section 9148.10 of the Government Code is amended to read: 9148.10. Any state board or category of licensed professional under this article shall be subject to the following: (a) The Joint Legislative Budget Committee shall establish criteria and review processes for the operational review of each state board or category of licensed professional. The criteria and review processes shall include, but not be limited to, all of the following: (1) An assessment of whether the initial problem or condition which led to establishment of the state board or category of licensed professional being reviewed still exists to such a degree as to require the continued existence of that agency or category of licensed professional. (2) An assessment of other similar conditions which have arisen and the manner in which they have been addressed. (3) An assessment of the agency's or licensing category's current and original scope of authority and functions, and the justification for any change. (4) A full cost-benefit analysis of the state board's or licensing category's operation on a year-by-year basis since its establishment or prior review under this article. (b) The committee shall identify all state boards or categories of licensed professionals subject to review under this article and establish a schedule for review of these state boards or categories of licensed professionals. In no case shall any state board or category of licensed professional be allowed to operate for more than eight years after the initial date of its enactment without being subject to review under this article. SEC. 68. Section 33.5 of this bill incorporates amendments to Section 4800 of the Business and Professions Code proposed by both this bill and SB 1821. It shall only become operative if (1) both bills are enacted and become effective on January 1, 1995, (2) each bill amends Section 4800 of the Business and Professions Code, and (3) this bill is enacted after SB 1821, in which case Section 33 of this bill shall not become operative.