BILL NUMBER: SB 1046 CHAPTERED 09/27/00 CHAPTER 697 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2000 APPROVED BY GOVERNOR SEPTEMBER 25, 2000 PASSED THE SENATE AUGUST 31, 2000 PASSED THE ASSEMBLY AUGUST 31, 2000 AMENDED IN ASSEMBLY AUGUST 29, 2000 AMENDED IN ASSEMBLY AUGUST 25, 2000 AMENDED IN ASSEMBLY AUGUST 7, 2000 AMENDED IN ASSEMBLY JUNE 22, 2000 AMENDED IN SENATE JANUARY 3, 2000 INTRODUCED BY Senator Murray FEBRUARY 26, 1999 An act to amend Sections 101 and 144 of, to add and repeal Section 2570.19 of, and to repeal and add Chapter 5.6 (commencing with Section 2570) of Division 2 of, the Business and Professions Code, relating to occupational therapy, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 1046, Murray. Occupational therapy: licensure. Existing law requires that any person representing himself or herself as an occupational therapist or as an occupational therapy assistant meet certain requirements and qualifications related to the practice of those vocations. Existing law makes it a crime for any person not meeting those requirements and qualifications to use in connection with the person's name a title indicating or implying that he or she is an occupational therapist or occupational therapy assistant. This bill would repeal those provisions, operative January 1, 2003, and would instead enact regulatory provisions providing for the licensure of occupational therapists and the certification of occupational therapy assistants by the California Board of Occupational Therapy created by this measure. The authority for the board would become inoperative on July 1, 2006, and would be repealed on January 1, 2007. This bill would make it a crime to practice occupational therapy or to hold oneself out as an occupational therapist or an occupational therapy assistant without a license or certificate, as the case may be, and by creating this new crime, this bill would impose a state-mandated local program. This bill would also create the Occupational Therapy Fund, into which licensure fees would be deposited by the board, for appropriation by the Legislature. This bill would also authorize a $1,000,000 loan from the General Fund to the Occupational Therapy Fund, to be repaid with interest over a period of 5 years. The bill would appropriate $610,000 of the loan proceeds to the board for use, as specified, in the 2000-01 fiscal year. This bill would incorporate additional changes in Section 101 of the Business and Professions Code proposed by SB 2031, to be operative if SB 2031 and this bill are both enacted and become effective on or before January 1, 2001, and this bill is enacted last. 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. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 101 of the Business and Professions Code is amended to read: 101. The department is comprised of: (a) The Dental Board of California. (b) The Medical Board of California. (c) The State Board of Optometry. (d) The California State Board of Pharmacy. (e) The Veterinary Medical Board. (f) The California Board of Accountancy. (g) The California Architects Board. (h) The Barbering and Cosmetology Program. (i) The Board for Professional Engineers and Land Surveyors. (j) The Contractors' State License Board. (k) The Funeral Directors and Embalmers Program. (l) The Structural Pest Control Board. (m) The Bureau of Home Furnishings and Thermal Insulation. (n) The Board of Registered Nursing. (o) The Board of Behavioral Sciences. (p) The State Athletic Commission. (q) The Cemetery Program. (r) The State Board of Guide Dogs for the Blind. (s) The Bureau of Security and Investigative Services. (t) The Court Reporters Board of California. (u) The Board of Vocational Nursing and Psychiatric Technicians. (v) The Landscape Architects Technical Committee. (w) The Bureau of Electronic and Appliance Repair. (x) The Division of Investigation. (y) The Bureau of Automotive Repair. (z) The State Board of Registration for Geologists and Geophysicists. (aa) The State Board of Nursing Home Administrators. (ab) The Respiratory Care Board of California. (ac) The Acupuncture Board. (ad) The Board of Psychology. (ae) The California Board of Podiatric Medicine. (af) The Physical Therapy Board of California. (ag) The Arbitration Review Program. (ah) The Committee on Dental Auxiliaries. (ai) The Hearing Aid Dispensers Advisory Commission. (aj) The Physician Assistant Committee. (ak) The Speech-Language Pathology and Audiology Board. (al) The Tax Preparers Program. (am) The California Board of Occupational Therapy. (an) Any other boards, offices, or officers subject to its jurisdiction by law. SEC. 1.1. Section 101 of the Business and Professions Code is amended to read: 101. The department is comprised of: (a) The Dental Board of California. (b) The Medical Board of California. (c) The State Board of Optometry. (d) The California State Board of Pharmacy. (e) The Veterinary Medical Board. (f) The California Board of Accountancy. (g) The California Architects Board. (h) The Bureau of Barbering and Cosmetology. (i) The Board for Professional Engineers and Land Surveyors. (j) The Contractors' State License Board. (k) The Bureau for Private Postsecondary and Vocational Education. (l) The Structural Pest Control Board. (m) The Bureau of Home Furnishings and Thermal Insulation. (n) The Board of Registered Nursing. (o) The Board of Behavioral Sciences. (p) The State Athletic Commission. (q) The Cemetery and Funeral Bureau. (r) The State Board of Guide Dogs for the Blind. (s) The Bureau of Security and Investigative Services. (t) The Court Reporters Board of California. (u) The Board of Vocational Nursing and Psychiatric Technicians. (v) The Landscape Architects Technical Committee. (w) The Bureau of Electronic and Appliance Repair. (x) The Division of Investigation. (y) The Bureau of Automotive Repair. (z) The State Board for Geologists and Geophysicists. (aa) The Respiratory Care Board of California. (ab) The Acupuncture Board. (ac) The Board of Psychology. (ad) The California Board of Podiatric Medicine. (ae) The Physical Therapy Board of California. (af) The Arbitration Review Program. (ag) The Committee on Dental Auxiliaries. (ah) The Hearing Aid Dispensers Bureau. (ai) The Physician Assistant Committee. (aj) The Speech-Language Pathology and Audiology Board. (ak) The Osteopathic Medical Board of California. (al) The California Board of Occupational Therapy. (am) Any other boards, offices, or officers subject to its jurisdiction by law. SEC. 1.2. Section 144 of the Business and Professions Code is amended to read: 144. (a) Notwithstanding any other provision of law, an agency designated in subdivision (b) shall require an applicant to furnish to the agency a full set of fingerprints for purposes of conducting criminal history record checks. Any agency designated in subdivision (b) may obtain and receive, at its discretion, criminal history information from the Department of Justice and the United States Federal Bureau of Investigation. (b) Subdivision (a) applies to the following boards or committees: (1) California Board of Accountancy. (2) State Athletic Commission. (3) Board of Behavioral Sciences. (4) Court Reporters Board of California. (5) State Board of Guide Dogs for the Blind. (6) California State Board of Pharmacy. (7) Board of Registered Nursing. (8) Veterinary Medical Board. (9) Registered Veterinary Technician Committee. (10) Board of Vocational Nursing and Psychiatric Technicians. (11) Respiratory Care Board of California. (12) Hearing Aid Dispensers Advisory Commission. (13) Physical Therapy Board of California. (14) Physician Assistant Committee of the Medical Board of California. (15) Speech-Language Pathology and Audiology Board. (16) Medical Board of California. (17) Board of Nursing Home Administrators. (18) State Board of Optometry. (19) Acupuncture Board. (20) Cemetery and Funeral Programs. (21) Bureau of Security and Investigative Services. (22) Division of Investigation. (23) Board of Psychology. (24) The California Board of Occupational Therapy. SEC. 2. Chapter 5.6 (commencing with Section 2570) of Division 2 of the Business and Professions Code is repealed. SEC. 3. Chapter 5.6 (commencing with Section 2570) is added to Division 2 of the Business and Professions Code, to read: CHAPTER 5.6. OCCUPATIONAL THERAPY 2570. This chapter may be cited as the Occupational Therapy Practice Act. 2570.1. The Legislature finds and declares that the practice of occupational therapy in California affects the public health, safety, and welfare and there is a necessity for that practice to be subject to regulation and control. 2570.2. As used in this chapter, unless the context requires otherwise: (a) "Appropriate supervision of an aide" means that the responsible occupational therapist shall provide direct in-sight supervision when the aide is providing delegated client-related tasks and shall be readily available at all times to provide advice or instruction to the aide. The occupational therapist is responsible for documenting the client's record concerning the delegated client-related tasks performed by the aide. (b) "Aide" means an individual who provides supportive services to an occupational therapist and who is trained by an occupational therapist to perform, under appropriate supervision, delegated, selected client and nonclient-related tasks for which the aide has demonstrated competency. An occupational therapist licensed pursuant to this chapter may utilize the services of one aide engaged in patient-related tasks to assist the occupational therapist in his or her practice of occupational therapy. An occupational therapy assistant shall not supervise an aide engaged in client-related tasks. (c) "Association" means the Occupational Therapy Association of California or a similarly constituted organization representing occupational therapists in this state. (d) "Board" means the California Board of Occupational Therapy. (e) "Examination" means an entry level certification examination for occupational therapists and occupational therapy assistants administered by the National Board for Certification in Occupational Therapy or by another nationally recognized credentialing body. (f) "Good standing" means that the person has a current, valid license to practice occupational therapy or assist in the practice of occupational therapy and has not been disciplined by the recognized professional certifying or standard-setting body within five years prior to application or renewal of the person's license. (g) "Occupational therapist" means an individual who meets the minimum education requirements specified in Section 2570.6 and is licensed pursuant to the provisions of this chapter and whose license is in good standing as determined by the board to practice occupational therapy under this chapter. Only the occupational therapist is responsible for the occupational therapy assessment of a client, and the development of an occupational therapy plan of treatment. (h) "Occupational therapy assistant" means an individual who is certified pursuant to the provisions of this chapter, who is in good standing as determined by the board, and based thereon, who is qualified to assist in the practice of occupational therapy under this chapter, and who works under the appropriate supervision of a licensed occupational therapist. (i) "Occupational therapy services" means the services of an occupational therapist or the services of an occupational therapy assistant under the appropriate supervision of an occupational therapist. (j) "Person" means an individual, partnership, unincorporated organization, or corporation. (k) "Practice of occupational therapy" means the therapeutic use of purposeful and meaningful goal-directed activities (occupations) which engage the individual's body and mind in meaningful, organized, and self-directed actions that maximize independence, prevent or minimize disability, and maintain health. Occupational therapy services encompass occupational therapy assessment, treatment, education of, and consultation with, individuals who have been referred for occupational therapy services subsequent to diagnosis of disease or disorder (or who are receiving occupational therapy services as part of an Individualized Education Plan (IEP) pursuant to the federal Individuals with Disabilities Education Act (IDEA)). Occupational therapy assessment identifies performance abilities and limitations that are necessary for self-maintenance, learning, work, and other similar meaningful activities. Occupational therapy treatment is focused on developing, improving, or restoring functional daily living skills, compensating for and preventing dysfunction, or minimizing disability. Occupational therapy techniques that are used for treatment involve teaching activities of daily living (excluding speech language skills); designing or fabricating selective temporary orthotic devices, and applying or training in the use of assistive technology or orthotic and prosthetic devices (excluding gait training). Occupational therapy consultation provides expert advice to enhance function and quality of life. Consultation or treatment may involve modification of tasks or environments to allow an individual to achieve maximum independence. Services are provided individually, in groups, or through social groups. (l) "Hand therapy" means the treatment of the hand, wrist, and forearm. 2570.3. (a) No person shall practice occupational therapy or hold himself or herself out as an occupational therapist or as being able to practice occupational therapy, or to render occupational therapy services in this state unless he or she is licensed as an occupational therapist under the provisions of this chapter. No person shall hold himself or herself out as an occupational therapy assistant or work as an occupational therapy assistant under the supervision of an occupational therapist unless he or she is certified as an occupational therapy assistant under the provisions of this chapter. (b) Only an individual may be licensed or certified under this chapter. (c) Nothing in this chapter shall be construed as authorizing an occupational therapist to practice physical therapy, as defined in Section 2620; speech-language pathology or audiology, as defined in Section 2530.2; nursing, as defined Section 2725; psychology, as defined in Section 2903; or spinal manipulation or other forms of healing, except as authorized by this section. (d) An occupational therapist may provide feeding or swallowing assessment, evaluation, or intervention if the therapist has demonstrated to the satisfaction of the board that he or she has met educational training, and competency requirements that the board shall develop in collaboration with the Speech-Language Pathology and Audiology Board. (e) Nothing in this chapter shall be construed as authorizing an occupational therapist to seek reimbursement for services other than for the practice of occupational therapy as defined in this chapter. (f) "Supervision of an occupational therapy assistant" means that the responsible occupational therapist shall at all times be responsible for all occupational therapy services provided to the client. The occupational therapist who is responsible for appropriate supervision shall formulate and document in each client's record, with his or her signature, the goals and plan for that client, and shall make sure that the occupational therapy assistant assigned to that client functions under appropriate supervision. As part of the responsible occupational therapist's appropriate supervision, he or she shall conduct at least weekly review and inspection of all aspects of occupational therapy services by the occupational therapy assistant. (1) The supervising occupational therapist has the continuing responsibility to follow the progress of each patient, provide direct care to the patient, and to assure that the occupational therapy assistant does not function autonomously. (2) An occupational therapist shall not supervise more occupational therapy assistants, at any one time, than can be appropriately supervised in the opinion of the board. Two occupational therapy assistants shall be the maximum number of occupational therapy assistants supervised by an occupational therapist at any one time, but the board may permit the supervision of a greater number by an occupational therapist if, in the opinion of the board, there would be adequate supervision and the public's health and safety would be served. In no case shall the total number of occupational therapy assistants exceed twice the number of occupational therapists regularly employed by a facility at any one time. (g) On and after January 1, 2005, any occupational therapist providing hand therapy services shall be certified by the Hand Therapy Certification Commission and shall maintain this certification in order to continue to provide hand therapy services. (1) Techniques used by hand therapists to augment occupational therapy treatment are physical agent modalities and massage. (2) On and after January 1, 2002, occupational therapists who are seeking certification by the Hand Therapy Certification Commission, and who have duly notified the board in writing of their intent to seek that certification, may provide hand therapy services under the supervision of an occupational therapist or physical therapist certified by the Hand Therapy Certification Commission in order to complete the experience requirements for certification. (3) The board shall promulgate rules and regulations specifically pertaining to the practice of hand therapy by a person licensed under this chapter. (h) In developing the rules and regulations required under this section, the board shall collaborate with the Physical Therapy Board of California and the Board of Registered Nursing. 2570.4. Nothing in this chapter shall be construed as preventing or restricting the practice, services, or activities of any of the following persons: (a) Any person licensed, certified, or otherwise recognized in this state by any other law or regulation when that person is engaged in the profession or occupation for which he or she is licensed, certified, or otherwise recognized. (b) Any person pursuing a supervised course of study leading to a degree or certificate in occupational therapy at an accredited educational program, if the person is designated by a title which clearly indicates his or her status as a student or trainee. (c) Any person fulfilling the supervised fieldwork experience requirements of subdivision (c) of Section 2570.6, if the experience constitutes a part of the experience necessary to meet the requirement of that provision. (d) Any person performing occupational therapy services in the state, if those services are performed for no more than 45 days in a calendar year in association with an occupational therapist licensed under this chapter, and if either of the following conditions is satisfied: (1) The person is licensed under the laws of another state which the board determines has licensure requirements at least as stringent as the requirements of this chapter. (2) The person successfully completes the entry-level certification examination requirement described in subdivision (b) of Section 2570.7. (e) Any person employed as an aide subject to the supervision requirements of this section. 2570.5. (a) A limited permit may be granted to any person who has completed the education and experience requirements of this chapter. (b) A person who meets the qualifications to be admitted to the examination for licensure or certification under this chapter and is awaiting the announcement of the results of the next succeeding examination, according to the application requirements for a limited permit, may practice as an occupational therapist or as an occupational therapy assistant under the direction and appropriate supervision of an occupational therapist duly licensed under this chapter. If that person fails to qualify for or pass the first announced examination, all privileges under this section shall automatically cease upon due notice to the applicant of that failure and may not be renewed. (c) A limited permit shall be subject to other requirements set forth in rules adopted by the board. 2570.6. An applicant applying for a license as an occupational therapist or certification as an occupational therapy assistant shall file with the board a written application provided by the board, showing to the satisfaction of the board that he or she meets all of the following requirements: (a) That the applicant is in good standing and has not committed acts or crimes constituting grounds for denial of a license under Section 480. (b) (1) That the applicant has successfully completed the academic requirements of an educational program for occupational therapists or occupational therapy assistants that is approved by the board and accredited by the American Occupational Therapy Association's Accreditation Council for Occupational Therapy Education (ACOTE). (2) The curriculum of an education program for occupational therapists shall contain the content specifically required in the ACOTE accreditation standards, including all of the following subjects: (A) Biological, behavioral, and health sciences. (B) Structure and function of the human body, including anatomy, kinesiology, physiology, and the neurosciences. (C) Human development throughout the life span. (D) Human behavior in the context of sociocultural systems. (E) Etiology, clinical course, management, and prognosis of disease processes and traumatic injuries, and the effects of those conditions on human functioning. (F) Occupational therapy theory, practice, and process which shall include the following: (i) Human performance which shall include occupational performance throughout the life cycle, human interaction, roles, values, and the influences of the nonhuman environment. (ii) Activity processes which shall include the following: (I) Theories underlying the use of purposeful activity and the meaning and dynamics of activity. (II) Performance of selected life tasks and activities. (III) Analysis, adaptation, and application of purposeful activity as therapeutic intervention. (IV) Use of self, dyadic, and group interaction. (iii) Theoretical approaches, including those related to purposeful activity, human performance, and adaptation. (iv) Application of occupational therapy theory to practice, which shall include the following: (I) Assessment and interpretation, observation, interviews, history, standardized and nonstandardized tests. (II) Directing, planning and implementation, which shall include: therapeutic intervention related to daily living skills and occupational components; therapeutic adaptation, including methods of accomplishing daily life tasks, environmental adjustments, orthotics, and assistive devices and equipment; and health maintenance, including energy conservation, joint protection, body mechanics, and positioning; prevention programs to foster age-appropriate recommendations to maximize treatment gains. (III) Program termination including reevaluation, determination of discharge, summary of occupational therapy outcome, and appropriate recommendations to maximize treatment gains. (IV) Documentation. (v) Development and implementation of quality assurance. (vi) Management of occupational therapy service, which shall include: (I) Planning services for client groups. (II) Personnel management, including occupational therapy assistants, aides, volunteers, and level I students. (III) Departmental operations, including budgeting, scheduling, recordkeeping, safety, and maintenance of supplies and equipment. (3) The curriculum of an education program for occupational therapy assistants shall contain the content specifically required in the ACOTE accreditation standards, including all of the following subjects: (A) Biological, behavioral, and health sciences. (B) Structure and function of the normal human body. (C) Human development. (D) Conditions commonly referred to occupational therapists. (E) Occupational therapy principles and skills, which shall include the following: (i) Human performance, including life tasks and roles as related to the developmental process from birth to death. (ii) Activity processes and skills, which shall include the following: (I) Performance of selected life tasks and activities. (II) Analysis and adaptation of activities. (III) Instruction of individuals and groups in selected life tasks and activities. (iii) Concepts related to occupational therapy practice, which shall include the following: (I) The importance of human occupation as a health determinant. (II) The use of self, interpersonal, and communication skills. (iv) Use of occupational therapy concepts and skills, which shall include the following: (I) Data collection, which shall include structured observation and interviews, history, and structured tests. (II) Participation in planning and implementation, which shall include: therapeutic intervention related to daily living skills and occupational components; therapeutic adaptation, including methods of accomplishing daily life tasks, environmental adjustments, orthotics, and assistive devices and equipment; health maintenance, including mental health techniques, energy conservation, joint protection, body mechanics, and positioning; and prevention programs to foster age-appropriate balance of self-care and work. (III) Program termination, including assisting in reevaluation, summary of occupational therapy outcome, and appropriate recommendations to maximize treatment gains. (IV) Documentation. (c) That the applicant has successfully completed a period of supervised fieldwork experience approved by the board and arranged by a recognized educational institution where he or she met the academic requirements of subdivision (b) or arranged by a nationally recognized professional association. The fieldwork requirements shall be as follows: (1) For an occupational therapist, a minimum of 960 hours of supervised fieldwork experience shall be completed within 24 months of the completion of didactic coursework. (2) For an occupational therapy assistant, a minimum of 640 hours of supervised fieldwork experience shall be completed within 20 months of the completion of didactic coursework. (d) That the applicant has passed an examination as provided in Section 2570.7. (e) That the applicant, at the time of application, is a person over 18 years of age, is not addicted to alcohol or any controlled substance, and has not committed acts or crimes constituting grounds for denial of licensure or certification under Section 480. 2570.7. (a) An applicant who has satisfied the requirements of Section 2570.6 may apply for examination for licensure or certification in a manner prescribed by the board. Subject to the provisions of this chapter, an applicant who fails an examination may apply for reexamination. (b) Each applicant for licensure or certification shall successfully complete the entry level certification examination for occupational therapists or occupational therapy assistants approved by the board, such as the examination administered by the National Board for Certification in Occupational Therapy or by another nationally recognized credentialing body. The examination shall be appropriately validated. Each applicant shall be examined by written examination to test his or her knowledge of the basic and clinical sciences relating to occupational therapy, occupational therapy techniques and methods, and any other subjects that the board may require to determine the applicant's fitness to practice under this chapter. (c) Applicants for licensure or certification shall be examined at a time and place and under that supervision as the board may require. Examinations shall be given at least twice each year at places determined by the board. The board shall give reasonable public notice of these examinations pursuant to rules adopted by the board. 2570.8. (a) The board may grant a license or certificate to any person who applies on or before January 1, 2003, and who met the requirements of Section 2570 before January 1, 2003. (b) The board may grant a license or certificate to any applicant who presents proof of current licensure as an occupational therapist or occupational therapy assistant in another state, the District of Columbia, or territory of the United States, if that jurisdiction requires standards for licensure considered by the board to meet or exceed the requirements for licensure or certification under this chapter. (c) An applicant seeking a license or certificate under this section based on his or her current practice shall submit to the board all of the following as proof of actual practice within one year of the effective date of this chapter: (1) The applicant's affidavit containing all of the following information: (A) The location and dates of the applicant's employment for the relevant period. (B) A description of the capacity in which the applicant was employed, including job title and description of specific duties and the nature of the patients or clientele. (C) The name and job title of the applicant's supervisor. (2) A written job description. (3) The employer's affidavit containing all of the following information: (A) The dates of the applicant's employment for the relevant period. (B) A description of the applicant's specific duties. (C) The title of the person completing the affidavit. (d) After reviewing the information submitted under subdivision (c), the board may require additional information necessary to enable it to determine whether to grant a license or certificate under this section. 2570.9. The board shall issue a license or certificate to any applicant who meets the requirements of this chapter, including the payment of the prescribed licensure, certification, or renewal fee, and who meets any other requirement in accordance with applicable state law. 2570.10. (a) Any license or certificate issued under this chapter shall be subject to renewal as prescribed by the board and shall expire unless renewed in that manner. The board may provide for the late renewal of a license or certificate as provided for in Section 163.5. (b) In addition to any other qualifications and requirements for licensure or certification renewal, the board may by rule establish and require the satisfactory completion of continuing competency requirements as a condition of renewal of a license or certificate. 2570.11. Upon a written request, the board may grant inactive status to an occupational therapist or occupational therapy assistant who is in good standing, who meets the requirements of Section 462. 2570.13. (a) Consistent with this section, subdivisions (a), (b), and (c) of Section 2570.2, and accepted professional standards, the board shall adopt rules necessary to assure appropriate supervision of occupational therapy assistants and aides. (b) A certified occupational therapy assistant may practice only under the supervision of an occupational therapist who is authorized to practice occupational therapy in this state. (c) An aide providing delegated, client-related supportive services shall require continuous and direct supervision by an occupational therapist. 2570.14. Any initial applicant who has not been actively engaged in the practice of occupational therapy within the past five years shall provide to the board, in addition to the requirements for licensure under Section 2570.6, any of the following: (a) Evidence of continued competency as referred to in subdivision (b) of Section 2570.10 for the previous two-year period. (b) Evidence of having completed the entry-level certification examination as described in subdivision (b) of Section 2570.7 within the previous two-year period. (c) Evidence of having successfully completed a board-approved educational program specifically designed for applicants preparing for reentry into the field of occupational therapy. 2570.15. Occupational therapists and occupational therapy assistants trained outside of the United States and its possessions shall be required to satisfy the examination requirements of Section 2570.7. The board shall require that these applicants have completed educational and supervised fieldwork requirements substantially equal to those contained in Section 2570.6, before taking the examination. 2570.16. Initial license or certification and renewal fees shall be established by the board in an amount that does not exceed a ceiling of one hundred fifty dollars ($150) per year. The board shall establish the following additional fees: (a) A late renewal fee as provided for in Section 2570.10. (b) A limited permit fee. (c) A fee to collect fingerprints for criminal history record checks. 2570.17. The board may, after a hearing in accordance with the Administrative Procedure Act, deny a license or certificate, or suspend or revoke the license or certificate of, or place on probation, reprimand, censure, or otherwise discipline, a licensee or certificated person in accordance with Section 480. 2570.18. (a) On and after January 1, 2003, a person shall not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice occupational therapy in this state, unless authorized to practice occupational therapy under this chapter. (b) Unless licensed to practice as an occupational therapist under this chapter, a person may not use the professional abbreviations "O.T.," "O.T.R.," or "O.T.R./L.," or "Occupational Therapist," or "Occupational Therapist Registered," or any other words, letters, or symbols with the intent to represent that the person practices or is authorized to practice occupational therapy. (c) Unless certified to assist in the practice of occupational therapy as an occupational therapy assistant under this chapter, a person may not use the professional abbreviations "O.T.A.," "C.O.T.A.," "C.O.T.A./C." or "Occupational Therapy Assistant," or "Certified Occupational Therapy Assistant," or any other words, letters, or symbols, with the intent to represent that the person assists in, or is authorized to assist in, the practice of occupational therapy as an occupational therapy assistant. (d) The unauthorized practice or representation as an occupational therapist or as an occupational therapy assistant constitutes an unfair business practice under Section 17200 and false and misleading advertising under Section 17500. 2570.185. An occupational therapist shall document his or her evaluation, goals, treatment plan, and summary of treatment in the patient record. Patient records shall be maintained for a period of no less than seven years following the discharge of the patient, except that the records of unemancipated minors shall be maintained at least one year after the minor has reached the age of 18 years, and not in any case less than seven years. 2570.19. (a) There is hereby created a California Board of Occupational Therapy, hereinafter referred to as the board. The board shall enforce and administer this chapter. (b) The members of the board shall consist of the following: (1) Three occupational therapists who shall have practiced occupational therapy for five years. (2) One occupational therapy assistant who shall have assisted in the practice of occupational therapy for five years. (3) Three public members who shall not be licentiates of the board or of any board referred to in Section 1000 or 3600. (c) The Governor shall appoint the three occupational therapists and one occupational therapy assistant to be members of the board. The Governor, the Senate Rules Committee, and the Speaker of the Assembly shall each appoint a public member. Not more than one member of the board shall be appointed from the full-time faculty of any university, college, or other educational institution. (d) All members shall be residents of California at the time of their appointment. The occupational therapist and occupational therapy assistant members shall have been engaged in rendering occupational therapy services to the public, teaching, or research in occupational therapy for at least five years preceding their appointments. (e) The public members may not be or have ever been occupational therapists or occupational therapy assistants or in training to become occupational therapists or occupational therapy assistants. The public members may not be related to or have a household member who is an occupational therapist or an occupational therapy assistant and may not have had within two years of the appointment a substantial financial interest in a person regulated by the board. (f) The Governor shall appoint two board members for a term of one year, two board members for a term of two years, and one board member for a term of three years. Appointments made thereafter shall be for four-year terms, but no person shall be appointed to serve more than two consecutive terms. Terms shall begin on the first day of the calendar year and end on the last day of the calendar year or until successors are appointed, except for the first appointed members who shall serve through the last calendar day of the year in which they are appointed, before commencing the terms prescribed by this section. Vacancies shall be filled by appointment for the unexpired term. The board shall annually elect one of its members as president. (g) The board shall meet and hold at least one regular meeting annually in the Cities of Sacramento, Los Angeles, and San Francisco. The board may convene from time to time until its business is concluded. Special meetings of the board may be held at any time and place designated by the board. (h) Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (i) Members of the board shall receive no compensation for their services but shall be entitled to reasonable travel and other expenses incurred in the execution of their powers and duties in accordance with Section 103. (j) The appointing power shall have the power to remove any member of the board from office for neglect of any duty imposed by state law, for incompetency, or for unprofessional or dishonorable conduct. (k) A loan is hereby authorized from the General Fund to the Occupational Therapy Fund on or after July 1, 2000, in an amount of up to one million dollars ($1,000,000) to fund operating, personnel, and other startup costs of the board. Six hundred ten thousand dollars ($610,000) of this loan amount is hereby appropriated to the board to use in the 2000-01 fiscal year for the purposes described in this subdivision. In subsequent years, funds from the Occupational Therapy Fund shall be available to the board upon appropriation by the Legislature in the annual Budget Act. The loan shall be repaid to the General Fund over a period of up to five years, and the amount paid shall also include interest at the rate accruing to moneys in the Pooled Money Investment Account. The loan amount and repayment period shall be minimized to the extent possible based upon actual board financing requirements as determined by the Department of Finance. (l) This section shall become inoperative on July 1, 2006, and, as of January 1, 2007, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2006, deletes or extends the dates on which it becomes inoperative and is repealed. The repeal of this section renders the board subject to the review required by Division 1.2 (commencing with Section 473). 2570.20. (a) The board shall administer, coordinate, and enforce the provisions of this chapter, evaluate the qualifications, and approve the examinations for licensure under this chapter. (b) The board shall adopt rules in accordance with the Administrative Procedure Act relating to professional conduct to carry out the purpose of this chapter, including, but not limited to, rules relating to professional licensure or certification and to the establishment of ethical standards of practice for persons holding a license to practice occupational therapy and for persons certified to assist in the practice of occupational therapy in this state. (c) Proceedings under this chapter shall be conducted in accordance with Section 5102. 2570.21. Subject to Sections 107 and 154, the board may employ an executive officer and other officers and employees 2570.22. All fees collected by the board shall be paid into the State Treasury and shall be credited to the Occupational Therapy Fund which is hereby created. The money in the fund shall be available, upon appropriation by the Legislature, for expenditure by the board to defray its expenses and to otherwise administer this chapter. 2570.23. Any person who violates Section 2570.3 is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five thousand dollars ($5,000), or by imprisonment of not more than one year in a county jail, or by both that fine and imprisonment. 2570.24. If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, that invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are declared to be severable. SEC. 4. Except for Section 2 of this act, this act shall become operative January 1, 2001. Section 2 of this act shall become operative January 1, 2003. SEC. 5. Section 1.1 of this bill incorporates amendments to Section 101 of the Business and Professions Code proposed by both this bill and SB 2031. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2001, (2) each bill amends Section 101 of the Business and Professions Code, and (3) this bill is enacted after SB 2031, in which case Section 1 of this bill shall not become operative. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.