BILL NUMBER: SB 724 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 10, 2001
AMENDED IN ASSEMBLY AUGUST 23, 2001
INTRODUCED BY Committee on Business and Professions (Senators
Figueroa (Chair), Machado, Morrow, Murray, O'Connell, and Polanco)
FEBRUARY 23, 2001
An act to amend Sections 125.3, 125.9, 650, 802, 803, 803.2,
1646.9, 1647.12, 1716.1, 1743, 1744, 2065, 2066, 2072, 2073, 2079,
2102, 2245, 2499.5, 2531, 2532.6, 2570.3, 2903, 2914,
4008, 4033, 4053, 4110, 4115, 4160, 4161, 4196, 4200.5, 4301, 4305.5,
4331, 4400, 4980.40, 4980.44, 4980.50, 4986.20, 4986.21, 4986.47,
4992.1, 4992.3, 4996.2, 4996.18, 4996.21, 4999.2, 4999.7, 7006, 7026,
7027.3, 7028.7, 7028.13, 7059.1, 7071.11, 7074, 7091, 7112, 7153,
17910.5, 17913, 17917, 17923, 22251, 22254, 22355, and
22453.1 of, to amend and repeal Section 1646.7 of, to add Sections
1621, 4052.7, 4996.23, 5536.26, and 7112.1 to, to repeal Sections
2088 and 4992.6 of, to repeal Article 1.5 (commencing with Section
1621) of Chapter 4 of Division 2 of, and to repeal and add Sections
2878.7 and 4524 of, the Business and Professions Code, and to amend
Sections 109948.1, 111656, and 111656.2 , and
111656.4 of the Health and Safety Code, relating to
businesses, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 724, as amended, Committee on Business and Professions.
Businesses.
(1) Existing law requires that specified information relating to
claims against a physician and surgeon for acts of professional
negligence or for the unauthorized rendering of professional services
be reported to the Medical Board of California.
This bill would require these reports to include the name and
license number of the physician and surgeon against whom the claim
was made.
(2) Existing law, the Dental Practice Act, establishes an
examining committee within the Dental Board of California and makes
it responsible, among other matters, for assisting the board in the
examination of applicants for licensure by the board.
This bill would delete these provisions and would require the
board to use persons who are licensed under the act and who meet
other specified criteria in the administration of its licensure
examination.
(3) Existing law provides, generally, for the licensure of
chiropractors and other health care practitioners.
This bill would extend to chiropractors provisions applicable to
other health care practitioners authorizing a regulatory board to
request an administrative law judge who finds a licentiate found to
have violated the licensing act to pay a sum not to exceed the costs
of investigation and enforcement of the case ; and
would extend to chiropractors provisions making it a misdemeanor to
offer or accept a rebate, commission, discount, or other
consideration for the referral of patients , thereby
imposing a state-mandated local program by expanding the definition
of a crime. The bill would also extend to chiropractors and certain
other health care practitioners provisions authorizing the
establishment, by regulation, of a system for the issuance of
citations to licentiates containing an order of abatement or payment
of an administrative fine.
(4) The Dental Practice Act and the Medical Practice Act include
certain provisions operative until January 1, 2002, relating to the
administration of general anesthesia by a physician and surgeon to
patients in the office of a dentist licensed by the board.
This bill would extend the inoperative date with respect to these
provisions to January 1, 2006 2007 .
(5) The Medical Practice Act prohibits a physician and surgeon
from practicing without a certificate issued by the Medical Board of
California and establishes criteria for the issuance of this
certificate, including evidence of the completion of specified
preprofessional education courses. The act exempts, under specified
conditions, a graduate of an approved medical school and a graduate
of a foreign medical school from this certificate requirement while
participating in postgraduate training.
This bill would delete the postsecondary education criteria as a
requirement for issuance of a certificate and would terminate the
exemption afforded a graduate during postgraduate training if his or
her application for a certificate is denied by the board's Division
of Licensing.
(6) Existing law , which provides for biennial renewal
fees for certificates to practice podiatric medicine, expires January
1, 2002.
This bill would extend that expiration date to January 1, 2004.
(7) Existing law specifies the requirements for an
application for licensure as a psychologist, practice of which
without a license is a misdemeanor.
This bill would revise the definition of psychology for these
purposes to delete the requirement that services be provided for a
fee, thereby imposing a state-mandated local program by expanding the
definition of a crime. Existing law, the
Occupational Therapy Practice Act, sets forth the requirements for
licensure as an occupational therapist and for certification by the
Hand Therapy Certification Commission of a therapist providing hand
therapy services.
This bill would delay until January 1, 2003, the ability of an
occupational therapist to satisfy the experience requirement for this
certification by performing hand therapy services under the
supervision of an occupational or physical therapist who is certified
by the commission.
(8) Existing law specifies the course requirements for continuing
education of speech-language pathologists and audiologists.
This bill would revise those course requirements.
(9) Existing law, the Speech-Language Pathologists and
Audiologists Licensure Act, creates, until July 1, 2002, the
Speech-Language Pathology and Audiology Board.
This bill would extend this board to July 1, 2004.
(10) Existing law provides for the licensure of vocational nurses
and psychiatric technicians by the Board of Vocational Nursing and
Psychiatric Technicians of the State of California and authorizes the
board to reinstate, under specified conditions, a license that it
has suspended or revoked.
This bill would specify the time when a petition for reinstatement
is required to be filed and would provide certain processes for the
conduct of these proceedings.
(11) The Pharmacy Law provides for the regulation and licensing of
pharmacists and various other persons and entities by the California
State Board of Pharmacy and makes it a misdemeanor for a wholesaler
or any other person to permit the dispensing of prescriptions except
by a pharmacist or exemptee.
This bill would authorize a pharmacy to repackage, at the patient'
s request, a drug that was previously dispensed to the patient and
would revise, for purposes of the Pharmacy Law, the definition of
"manufacturer," and the board's authority to issue a temporary permit
to conduct a pharmacy. This bill would also provide that it is a
misdemeanor for a wholesaler or any other person to permit the
furnishing of dangerous drugs or dangerous devices except by a
pharmacist or exemptee. In that regard, the bill would change the
definition of a crime, thereby imposing a state-mandated local
program. The bill would also make other clarifying changes.
(12) Existing law makes it a misdemeanor for any person other than
a pharmacist to compound or dispense any dangerous drug or device,
or to compound or dispense a prescription, with certain exceptions.
This bill would revise the latter exemption with respect to
veterinary food-animal drugs, would limit the insurance or renewal of
licenses for veterinary food-animal drug retailers and wholesalers
of dangerous drugs or devices, would revise provisions for the
issuance of a retired license to a pharmacist, and would expand the
investigative authority of the California State Board of Pharmacy
regarding unprofessional conduct. The bill would impose a
state-mandated local program by expanding the definition of a crime.
The bill would also incorporate changes to Section 4115 of the
Business and Professions Code proposed by AB 536 contingent upon its
prior enactment.
(13) Existing law requires persons engaged in the practice of
marriage, family, and child counseling to be licensed by the Board of
Behavioral Sciences. Under existing law, an applicant for this
licensure is required to achieve a passing score on an examination
and to possess a doctoral or master's degree in one of several
designated subjects, including social work. Existing law requires an
intern, defined as a person who has earned a master's or doctoral
degree but is not yet licensed, to register with the board and renew
this registration annually. Under existing law, the board is
authorized to assess various fees in connection with its licensure
activities that are deposited into the Behavioral Sciences Fund,
which is continuously appropriated.
This bill would delete social work from the type of degrees that
satisfy this particular educational requirement for licensure and
would limit eligibility for oral examination. The bill would also
require an intern to pay a fee of $75 upon his or her registration
renewal. Because the bill would increase the amount of revenue paid
into a continuously appropriated fund, it would make an
appropriation.
(14) Existing law provides for the renewal of registration as an
unlicensed marriage, family, and child counselor.
This bill would revise the requirements for renewal of
registration, including the payment of a renewal fee; and would
prohibit renewal or reinstatement after 6 years from initial
issuance.
(15) Existing law precludes licensure as a licensed educational
psychologist for persons convicted or registered for specified sex
crimes.
This bill would revise that limitation, and further limit
eligibility for licensure based upon oral examination.
(16) Existing law provides for the licensure and registration by
the Board of Behavioral Sciences of persons engaged in the practice
of clinical social work. Under existing law, an applicant for this
license is required to meet specified professional experience and
educational requirements and to achieve a passing score on a
professional licensure examination. Existing law also authorizes the
board to take disciplinary action against a licensee for
unprofessional conduct and makes the violation of any provision
regulating the licensure or practice of a clinical social worker a
crime.
This bill would limit eligibility for oral examination and would
require an applicant for licensure to furnish evidence that he or she
has completed training or coursework in the subjects of human
sexuality and child abuse assessment and reporting. The bill would
also specify the professional experience requirements for licensure
with respect to persons registered with the board on and after
January 1, 2002. The bill would additionally make sexual relations
between the licensee and a former client, unprofessional conduct,
subject to disciplinary action by the board and would prohibit the
board from issuing a license to an applicant subject to criminal
registration laws. Because the bill would specify additional acts as
unprofessional conduct, the commission of which would be a criminal
offense, it would expand the scope of an existing crime, thereby
imposing a state-mandated local program.
(17) Existing law, the Architects Practice Act, provides that
architects may plan the sites and designs of buildings and
structures, and that professional services include the compliance
with applicable codes and regulations, the governmental review
process and contract administration.
This bill would provide that the use of the words "certify" or
"certification" by a licensed architect would constitute a
professional opinion regarding the facts that are the subject of the
certification and would not be considered a warranty or guarantee.
(18) Existing law, the Contractors' State License Law, authorizes
the Contractors' State License Board to conduct all functions and
duties relating to the licensing, regulation, and discipline of
licensees and makes certain acts a crime, including using an
incorrect contractor's license number with the intent to defraud.
The registrar is the executive officer who carries out the board's
administrative duties and tasks delegated by the board and is
authorized to issue a citation for a violation of specified
provisions that may result in the assessment of a civil penalty.
Existing law specifies when the board will conduct its meetings, what
activities contractors may perform, what and
the criminal penalties that exist when
if a licensed or unlicensed person intentionally
uses a contractor's license number that does not belong to him or
her. Existing law provides how much time the registrar has to
collect civil penalties from nonlicensee citations, provides
licensing requirements for fictitious name usage, provides timeframes
for filing claims against a licensee's cash deposit, sets
requirements regarding the licensing examination process, and
addresses misrepresentation and fraud concerning license application
and renewal. Existing law requires that these civil penalties and
other fees that are collected be deposited in the Contractors'
License Fund which is continuously appropriated for purposes of the
Contractors' State License Law.
This bill would authorize the board to meet once each quarter,
allow contractors to deal with underground storage tanks, allow the
registrar to issue citations to unlicensed individuals and
unregistered salespersons the registrar believes violated the
Contractors' State License Law and to persons who use an incorrect
contractor's license number to defraud others, and would also
authorize the registrar to use collection agencies to collect civil
penalties. The civil penalties assessed and collected pursuant to
this bill would be deposited in the Contractor's License Fund which
is continuously appropriated. Therefore, the bill would make an
appropriation.
This bill would also provide that a licensee could only conduct
business under one name per license, extend the time in which a claim
could be made against a licensee's cash deposit to 3 years after the
expiration of the license, revise the licensing examination
procedures, and expand the grounds for disciplinary action during the
license application and renewal process concerning
misrepresentations or omissions made on the application or renewal
form.
(19) Existing law does not allow the use of a fictitious business
name that includes the words or abbreviations "Company," "Limited,"
"Co.," or "Ltd." if a business is not a limited liability company.
This bill would allow the use of a fictitious business name that
includes the words or abbreviations "Company," "Limited," "Co.," or
"Ltd." if that use does not imply that the business is a limited
liability company.
Existing law requires that a fictitious business name statement
contain the name or names of the person or persons doing business,
the name of the business, and when the business began operating under
the fictitious name. The form must be signed by the applicant or
applicants and filed with the county clerk where the business is
located.
This bill would require the applicant or applicants to declare
that the information in the fictitious business name statement is
true and correct. Since the filing of a false statement would
constitute a crime, the bill would impose a state-mandated local
program.
Existing law requires the publication of a refiled fictitious
business name statement when the prior statement has expired unless
there are no changes in the information in the statement.
This bill would provide that the exception from republication of a
fictitious business name statement applies only if the statement is
refiled within 40 days of the expiration date of the previous
statement. This The bill would also
eliminate an exception from publication of a statement of withdrawal
from a partnership operating under a fictitious business name.
(20) Existing law requires that county clerks issue permanent
identification cards with a photograph to each process server and
register professional photocopiers.
This bill would require each county clerk to issue temporary
identification cards, valid for 120 days, to applicants while waiting
for background checks from the Federal Bureau of Investigation and
the Department of Justice. By requiring county clerks to issue
temporary identification cards, this the
bill would impose a state-mandated local program.
This The bill would correct an erroneous section
reference in a provision regulating the fee payable in connection
with the filing of an application with a county clerk for
registration as a professional photocopier.
(21) Existing law requires that a provider of tax preparer
education meet standards and procedures approved by the California
Tax Education Council or the Bureau for Private Postsecondary and
Vocational Education.
This bill would delete the bureau from these provisions and would
require the council to include 2 tax preparers in its membership.
(22) Existing law regulates the retail sale of home medical
devices.
This bill would revise the definition of home medical devices, the
retail sale of which requires licensure by the State Department of
Health Services, would revise the application of licensure for
warehouses owned by retail facilities, would expand the list of home
medical devices that may be sold by pharmacies and pharmacists, and
would revise the requirements applicable to the storage of home
medical devices by retail facilities.
(22)
(23) 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, including the creation of a State Mandates
Claims Fund to pay the costs of mandates that do not exceed
$1,000,000 statewide and other procedures for claims whose statewide
costs exceed $1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 125.3 of the Business and Professions Code is
amended to read:
125.3. (a) Except as otherwise provided by law, in any order
issued in resolution of a disciplinary proceeding before any board
within the department or before the Osteopathic Medical Board or the
board created by the Chiropractic Initiative Act, the board may
request the administrative law judge to direct a licentiate found to
have committed a violation or violations of the licensing act to pay
a sum not to exceed the reasonable costs of the investigation and
enforcement of the case.
(b) In the case of a disciplined licentiate that is a corporation
or a partnership, the order may be made against the licensed
corporate entity or licensed partnership.
(c) A certified copy of the actual costs, or a good faith estimate
of costs where actual costs are not available, signed by the entity
bringing the proceeding or its designated representative shall be
prima facie evidence of reasonable costs of investigation and
prosecution of the case. The costs shall include the amount of
investigative and enforcement costs up to the date of the hearing,
including, but not limited to, charges imposed by the Attorney
General.
(d) The administrative law judge shall make a proposed finding of
the amount of reasonable costs of investigation and prosecution of
the case when requested pursuant to subdivision (a). The finding of
the administrative law judge with regard to costs shall not be
reviewable by the board to increase the cost award. The board may
reduce or eliminate the cost award, or remand to the administrative
law judge where the proposed decision fails to make a finding on
costs requested pursuant to subdivision (a).
(e) Where an order for recovery of costs is made and timely
payment is not made as directed in the board's decision, the board
may enforce the order for repayment in any appropriate court. This
right of enforcement shall be in addition to any other rights the
board may have as to any licentiate to pay costs.
(f) In any action for recovery of costs, proof of the board's
decision shall be conclusive proof of the validity of the order of
payment and the terms for payment.
(g) (1) Except as provided in paragraph (2), the board shall not
renew or reinstate the license of any licentiate who has failed to
pay all of the costs ordered under this section.
(2) Notwithstanding paragraph (1), the board may, in its
discretion, conditionally renew or reinstate for a maximum of one
year the license of any licentiate who demonstrates financial
hardship and who enters into a formal agreement with the board to
reimburse the board within that one-year period for the unpaid costs.
(h) All costs recovered under this section shall be considered a
reimbursement for costs incurred and shall be deposited in the fund
of the board recovering the costs to be available upon appropriation
by the Legislature.
(i) Nothing in this section shall preclude a board from including
the recovery of the costs of investigation and enforcement of a case
in any stipulated settlement.
(j) This section does not apply to any board if a specific
statutory provision in that board's licensing act provides for
recovery of costs in an administrative disciplinary proceeding.
SEC. 1.2. Section 125.9 of the Business and Professions Code is
amended to read:
125.9. (a) Except with respect to persons regulated under Chapter
11 (commencing with Section 7500), and Chapter 11.6 (commencing with
Section 7590) of Division 3, any board, bureau, or commission within
the department, the board created by the Chiropractic Initiative
Act , and the Osteopathic Medical Board of California, may
establish, by regulation, a system for the issuance to a licensee of
a citation which may contain an order of abatement or an order to
pay an administrative fine assessed by the board, bureau, or
commission where the licensee is in violation of the applicable
licensing act or any regulation adopted pursuant thereto.
(b) The system shall contain the following provisions:
(1) Citations shall be in writing and shall describe with
particularity the nature of the violation, including specific
reference to the provision of law determined to have been violated.
(2) Whenever appropriate, the citation shall contain an order of
abatement fixing a reasonable time for abatement of the violation.
(3) In no event shall the administrative fine assessed by the
board, bureau, or commission exceed two thousand five hundred dollars
($2,500) for each inspection or each investigation made with respect
to the violation, or two thousand five hundred dollars ($2,500) for
each violation or count if the violation involves fraudulent billing
submitted to an insurance company, the Medi-Cal program, or Medicare.
In assessing a fine, the board, bureau, or commission shall give
due consideration to the appropriateness of the amount of the fine
with respect to factors such as the gravity of the violation, the
good faith of the licensee, and the history of previous violations.
(4) A citation or fine assessment issued pursuant to a citation
shall inform the licensee that if he or she desires a hearing to
contest the finding of a violation, that hearing shall be requested
by written notice to the board, bureau, or commission within 30 days
of the date of issuance of the citation or assessment. If a hearing
is not requested pursuant to this section, payment of any fine shall
not constitute an admission of the violation charged. Hearings shall
be held pursuant to Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code.
(5) Failure of a licensee to pay a fine within 30 days of the date
of assessment, unless the citation is being appealed, may result in
disciplinary action being taken by the board, bureau, or commission.
Where a citation is not contested and a fine is not paid, the full
amount of the assessed fine shall be added to the fee for renewal of
the license. A license shall not be renewed without payment of the
renewal fee and fine.
(c) The system may contain the following provisions:
(1) A citation may be issued without the assessment of an
administrative fine.
(2) Assessment of administrative fines may be limited to only
particular violations of the applicable licensing act.
(d) Notwithstanding any other provision of law, if a fine is paid
to satisfy an assessment based on the finding of a violation, payment
of the fine shall be represented as satisfactory resolution of the
matter for purposes of public disclosure.
(e) Administrative fines collected pursuant to this section shall
be deposited in the special fund of the particular board, bureau, or
commission.
SEC. 1.4. Section 650 of the Business and Professions Code is
amended to read:
650. Except as provided in Chapter 2.3 (commencing with Section
1400) of Division 2 of the Health and Safety Code, the offer,
delivery, receipt, or acceptance by any person licensed under this
division or the Chiropractic Initiative Act of any rebate, refund,
commission, preference, patronage dividend, discount, or other
consideration, whether in the form of money or otherwise, as
compensation or inducement for referring patients, clients, or
customers to any person, irrespective of any membership, proprietary
interest or coownership in or with any person to whom these patients,
clients , or customers are referred is unlawful.
The payment or receipt of consideration for services other than
the referral of patients which is based on a percentage of gross
revenue or similar type of contractual arrangement shall not be
unlawful if the consideration is commensurate with the value of the
services furnished or with the fair rental value of any premises or
equipment leased or provided by the recipient to the payer.
Except as provided in Chapter 2.3 (commencing with Section 1400)
of Division 2 of the Health and Safety Code and in Sections 654.1 and
654.2, it shall not be unlawful for any person licensed under this
division to refer a person to any laboratory, pharmacy, clinic
(including entities exempt from licensure pursuant to Section 1206 of
the Health and Safety Code), or health care facility solely because
the licensee has a proprietary interest or coownership in the
laboratory, pharmacy, clinic, or health care facility; provided,
however, that the licensee's return on investment for that
proprietary interest or coownership shall be based upon the amount of
the capital investment or proportional ownership of the licensee
which ownership interest is not based on the number or value of any
patients referred. Any referral excepted under this section shall be
unlawful if the prosecutor proves that there was no valid medical
need for the referral.
"Health care facility" means a general acute care hospital, acute
psychiatric hospital, skilled nursing facility, intermediate care
facility, and any other health facility licensed by the State
Department of Health Services under Chapter 2 (commencing with
Section 1250) of Division 2 of the Health and Safety Code.
A violation of this section is a public offense and is punishable
upon a first conviction by imprisonment in the county jail for not
more than one year, or by imprisonment in the state prison, or by a
fine not exceeding fifty thousand dollars ($50,000), or by both that
imprisonment and fine. A second or subsequent conviction is
punishable by imprisonment in the state prison or by imprisonment in
the state prison and a fine of fifty thousand dollars ($50,000).
SEC. 1.5. Section 802 of the Business and Professions Code is
amended to read:
802. (a) Every settlement or arbitration award over three
thousand dollars ($3,000) of a claim or action for damages for death
or personal injury caused by negligence, error or omission in
practice, or the unauthorized rendering of professional services, by
a person who holds a license, certificate or other similar authority
from an agency mentioned in subdivision (a) of Section 800 (except a
person licensed pursuant to Chapter 3 (commencing with Section 1200)
or Chapter 5 (commencing with Section 2000) of Division 2) or the
Osteopathic Initiative Act who does not possess professional
liability insurance as to that claim shall, within 30 days after the
written settlement agreement has been reduced to writing and signed
by all the parties thereto or 30 days after service of the
arbitration award on the parties, be reported to the agency that
issued the license, certificate, or similar authority. A complete
report shall be made by appropriate means by the person or his or her
counsel, with a copy of the communication to be sent to the claimant
through his or her counsel if the person is so represented, or
directly if he or she is not. If, within 45 days of the conclusion
of the written settlement agreement or service of the arbitration
award on the parties, counsel for the claimant (or if the claimant is
not represented by counsel, the claimant himself or herself) has not
received a copy of the report, he or she shall himself or herself
make the complete report. Failure of the physician or claimant (or,
if represented by counsel, their counsel) to comply with this section
is a public offense punishable by a fine of not less than fifty
dollars ($50) or more than five hundred dollars ($500). Knowing and
intentional failure to comply with this section, or conspiracy or
collusion not to comply with this section, or to hinder or impede any
other person in the compliance is a public offense punishable by a
fine of not less than five thousand dollars ($5,000) nor more than
fifty thousand dollars ($50,000).
(b) Every settlement over thirty thousand dollars ($30,000), or
arbitration award of any amount, of a claim or action for damages for
death or personal injury caused by negligence, error or omission in
practice, or the unauthorized rendering of professional services, by
a physician and surgeon licensed pursuant to Chapter 5 (commencing
with Section 2000) of Division 2, or the Osteopathic Initiative Act,
who does not possess professional liability insurance as to the claim
shall, within 30 days after the written settlement agreement has
been reduced to writing and signed by all the parties thereto or 30
days after service of the arbitration award on the parties, be
reported to the agency that issued the license, certificate or
similar authority. A complete report including the name and license
number of the physician and surgeon shall be made by appropriate
means by the person or his or her counsel, with a copy of the
communication to be sent to the claimant through his or her counsel
if he or she is so represented, or directly if he or she is not. If,
within 45 days of the conclusion of the written settlement agreement
or service of the arbitration award on the parties, counsel for the
claimant (or if the claimant is not represented by counsel, the
claimant himself or herself) has not received a copy of the report,
he or she shall himself or herself make the complete report. Failure
of the physician or claimant (or, if represented by counsel, their
counsel) to comply with this section is a public offense punishable
by a fine of not less than fifty dollars ($50) or more than five
hundred dollars ($500). Knowing and intentional failure to comply
with this section, or conspiracy or collusion not to comply with this
section, or to hinder or impede any other person in the compliance
is a public offense punishable by a fine of not less than five
thousand dollars ($5,000) nor more than fifty thousand dollars
($50,000).
(c) Every settlement or arbitration award over ten thousand
dollars ($10,000) of a claim or action for damages for death or
personal injury caused by negligence, error, or omission in practice,
or the unauthorized rendering of professional services, by a
marriage, family, and child counselor or clinical social worker
licensed pursuant to Chapter 13 (commencing with Section 4980) or
Chapter 14 (commencing with Section 4990), who does not possess
professional liability insurance as to that claim shall within 30
days after the written settlement agreement has been reduced to
writing and signed by all the parties thereto or 30 days after
service of the arbitration award on the parties, be reported to the
agency that issued the license, certificate, or similar authority. A
complete report shall be made by appropriate means by the person or
his or her counsel, with a copy of the communication to be sent to
the claimant through his or her counsel if he or she is so
represented, or directly if he or she is not. If, within 45 days of
the conclusion of the written settlement agreement or service of the
arbitration award on the parties, counsel for the claimant (or if he
or she is not represented by counsel, the claimant himself or
herself) has not received a copy of the report, he or she shall
himself or herself make a complete report. Failure of the marriage,
family, and child counselor or clinical social worker or claimant
(or, if represented by counsel, their counsel) to comply with this
section is a public offense punishable by a fine of not less than
fifty dollars ($50) or more than five hundred dollars ($500).
Knowing and intentional failure to comply with this section, or
conspiracy or collusion not to comply with this section, or to hinder
or impede any other person in that compliance is a public offense
punishable by a fine of not less than five thousand dollars ($5,000)
nor more than fifty thousand dollars ($50,000).
SEC. 2. Section 803 of the Business and Professions Code is
amended to read:
803. (a) (1) Except as provided in paragraph (2), within 10 days
after a judgment by a court of this state that a person who holds a
license, certificate, or other similar authority from the Board of
Behavioral Science Examiners or from an agency mentioned in
subdivision (a) of Section 800 (except a person licensed pursuant to
Chapter 3 (commencing with Section 1200)) has committed a crime, or
is liable for any death or personal injury resulting in a judgment
for an amount in excess of thirty thousand dollars ($30,000) caused
by his or her negligence, error or omission in practice, or his or
her rendering unauthorized professional services, the clerk of the
court that rendered the judgment shall report that fact to the agency
that issued the license, certificate, or other similar authority.
(2) For purposes of a physician and surgeon who has committed a
crime, or is liable for any death or personal injury resulting in a
judgment of any amount caused by his or her negligence, error or
omission in practice, or his or her rendering unauthorized
professional services, the clerk of the court that rendered the
judgment shall report that fact to the agency that issued the
license.
(b) Every insurer providing professional liability insurance to a
physician and surgeon licensed pursuant to Chapter 5 (commencing with
Section 2000) shall send a complete report including the name and
license number of the physician and surgeon to the Medical Board of
California as to any judgment of a claim for damages for death or
personal injury caused by that licensee's negligence, error, or
omission in practice, or rendering of unauthorized professional
services. The report shall be sent within 30 calendar days after
entry of judgment.
(c) Notwithstanding any other provision of law, the Medical Board
of California and the California Board of Podiatric Medicine shall
disclose to an inquiring member of the public information received
pursuant to subdivision (a) regarding felony convictions of, and
judgments against, a physician and surgeon or doctor of podiatric
medicine. The Division of Medical Quality and the California Board
of Podiatric Medicine may formulate appropriate disclaimers or
explanatory statements to be included with any information released,
and may, by regulation, establish categories of information that need
not be disclosed to the public because that information is
unreliable or not sufficiently related to the licensee's professional
practice.
SEC. 3. Section 803.2 of the Business and Professions Code is
amended to read:
803.2. Every entry of settlement agreement over thirty thousand
dollars ($30,000), or judgment or arbitration award of any amount, of
a claim or action for damages for death or personal injury caused
by, or alleging, the negligence, error, or omission in practice, or
the unauthorized rendering of professional services, by a physician
and surgeon or doctor of podiatric medicine licensed pursuant to
Chapter 5 (commencing with Section 2000) or the Osteopathic
Initiative Act, when that judgment, settlement agreement, or
arbitration award is entered against, or paid by, the employer of
that licensee and not the licensee himself or herself, shall be
reported to the appropriate board by the entity required to report
the information in accordance with Sections 801, 801.1, 802, and 803
as an entry of judgment, settlement, or arbitration award against the
negligent licensee. This report shall include the name and license
number of the physician and surgeon.
"Employer" as used in this section means a professional
corporation, a group practice, a health care facility or clinic
licensed or exempt from licensure under the Health and Safety Code, a
licensed health care service plan, a medical care foundation, an
educational institution, a professional institution, a professional
school or college, a general law corporation, a public entity, or a
nonprofit organization that employs, retains, or contracts with a
licensee referred to in this section. Nothing in this section shall
be construed to authorize the employment of, or contracting with, any
licensee in violation of Section 2400.
SEC. 4. Article 1.5 (commencing with Section 1621) of Chapter 4 of
Division 2 of the Business and Professions Code is repealed.
SEC. 5. Section 1621 is added to the Business and Professions
Code, to read:
1621. The board shall utilize in the administration of its
licensure examinations only examiners whom it has appointed and who
meet the following criteria:
(a) Possession of a valid license to practice dentistry in this
state or possession of a valid license in one of the following dental
auxiliary categories: registered dental assistant, registered
dental assistant in extended functions, registered dental hygienist,
registered dental hygienist in extended functions, or registered
dental hygienist in alternative practice.
(b) Practice as a licensed dentist or in a dental auxiliary
licensure category for at least five years preceding his or her
appointment.
(c) Hold no position as an officer or faculty member at any
college, school, or institution that provides dental instruction in
the same licensure category as that held by the examiner.
SEC. 6. Section 1646.7 of the Business and Professions Code, as
amended by Section 1 of Chapter 177 of the Statutes of 1999, is
amended to read:
1646.7. (a) A violation of this article constitutes
unprofessional conduct and is grounds for the revocation or
suspension of the dentist's permit, license, or both, or the dentist
may be reprimanded or placed on probation.
(b) A violation of any provision of this article or Section 1682
is grounds for suspension or revocation of the physician
physician's and surgeon's permit issued
pursuant to this article by the Dental Board of California. The
exclusive enforcement authority against a physician and surgeon by
the Dental Board of California shall be to suspend or revoke the
permit issued pursuant to this article. The Dental Board of
California shall refer a violation of this article by a physician and
surgeon to the Medical Board of California for its consideration as
unprofessional conduct and further action, if deemed necessary by the
Medical Board of California, pursuant to Chapter 5 (commencing with
Section 2000). A suspension or revocation of a physician and surgeon'
s permit by the Dental Board of California pursuant to this article
shall not constitute a disciplinary proceeding or action for any
purpose except to permit the initiation of an investigation or
disciplinary action by the Medical Board of California as authorized
by Section 2220.5.
(c) The proceedings under this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the Dental Board
of California shall have all the powers granted therein.
SEC. 7. Section 1646.7 of the Business and Professions Code, as
amended by Section 2 of Chapter 177 of the Statutes of 1999, is
repealed.
SEC. 8. Section 1646.9 of the Business and Professions Code is
amended to read:
1646.9. (a) Notwithstanding any other provision of law,
including, but not limited to, Section 1646.1, a physician and
surgeon licensed pursuant to Chapter 5 (commencing with Section 2000)
may administer general anesthesia in the office of a licensed
dentist for dental patients, without regard to whether the dentist
possesses a permit issued pursuant to this article, if all of the
following conditions are met:
(1) The physician and surgeon possesses a current license in good
standing to practice medicine in this state.
(2) The physician and surgeon holds a valid general anesthesia
permit issued by the Dental Board of California pursuant to
subdivision (b).
(b) (1) A physician and surgeon who desires to administer general
anesthesia as set forth in subdivision (a) shall apply to the Dental
Board of California on an application form prescribed by the board
and shall submit all of the following:
(A) The payment of an application fee prescribed by this article.
(B) Evidence satisfactory to the Medical Board of California
showing that the applicant has successfully completed a postgraduate
residency training program in anesthesiology that is recognized by
the American Council on Graduate Medical Education, as set forth in
Section 2079.
(C) Documentation demonstrating that all equipment and drugs
required by the Dental Board of California are possessed by the
applicant and shall be available for use in any dental office in
which he or she administers general anesthesia.
(D) Information relative to the current membership of the
applicant on hospital medical staffs.
(2) Prior to issuance or renewal of a permit pursuant to this
section, the Dental Board of California may, at its discretion,
require an onsite inspection and evaluation of the facility,
equipment, personnel, including, but not limited to, the physician
and surgeon, and procedures utilized. At least one of the persons
evaluating the procedures utilized by the physician and surgeon shall
be a licensed physician and surgeon expert in outpatient general
anesthesia who has been authorized or retained under contract by the
Dental Board of California for this purpose.
(3) The permit of any physician and surgeon who has failed an
onsite inspection and evaluation shall be automatically suspended 30
days after the date on which the board notifies the physician and
surgeon of the failure unless within that time period the physician
and surgeon has retaken and passed an onsite inspection and
evaluation. Every physician and surgeon issued a permit under this
article shall have an onsite inspection and evaluation at least once
every six years. Refusal to submit to an inspection shall result in
automatic denial or revocation of the permit.
(c) This section shall remain in effect until January 1,
2006 2007 , and as of that date is repealed,
unless a later enacted statute, which is enacted on or before January
1, 2006 2007 , deletes or extends that
date.
SEC. 9. Section 1647.12 of the Business and Professions Code is
amended to read:
1647.12. A dentist who desires to administer, or order the
administration of, oral conscious sedation for minor patients, who
does not hold a general anesthesia permit as provided in Sections
1646.1 and 1646.2 or a conscious sedation permit as provided in
Sections 1647.2 and 1647.3, shall register his or her name with the
board on a board-prescribed registration form. The dentist shall
submit the registration fee and evidence showing that he or she
satisfies any of the following requirements:
(a) Satisfactory completion of a postgraduate program in oral and
maxillofacial surgery, pediatric dentistry, or periodontics at a
dental school approved by either the Commission on Dental
Accreditation or a comparable organization approved by the board.
(b) Satisfactory completion of a
general practice residency or other advanced education in a general
dentistry program approved by the board.
(c) Satisfactory completion of a board-approved educational
program on oral medications and sedation.
SEC. 10. Section 1716.1 of the Business and Professions Code is
amended to read:
1716.1. (a) Notwithstanding Section 1716, the board may, by
regulation, reduce the renewal fee for a licensee who has practiced
dentistry for 20 years or more in this state, has reached the age of
retirement under the federal Social Security Act (42 U.S.C. Sec. 301
et seq.), and customarily provides his or her services free of charge
to any person, organization, or agency. In the event that charges
are made, these charges shall be nominal. In no event shall the
aggregate of these charges in any single calendar year be in an
amount that would render the licensee ineligible for full social
security benefits. The board shall not reduce the renewal fee under
this section to an amount less than one-half of the regular renewal
fee.
(b) Notwithstanding Section 1716, any licensee who demonstrates to
the satisfaction of the board that he or she is unable to practice
dentistry due to a disability, may request a waiver of 50 percent of
the renewal fee. The granting of a waiver shall be at the discretion
of the board, and the board may terminate the waiver at any time. A
licensee to whom the board has granted a waiver pursuant to this
subdivision shall not engage in the practice of dentistry unless and
until the licensee pays the current renewal fee in full and
establishes to the satisfaction of the board, on a form prescribed by
the board and signed under penalty of perjury, that the licensee's
disability either no longer exists or no longer affects his or her
ability to safely practice dentistry.
SEC. 11. Section 1743 of the Business and Professions Code is
amended to read:
1743. The committee shall consist of the following nine members:
(a) One member who is a public member of the board, one member who
is a licensed dentist and who has been appointed by the board as an
examiner pursuant to Section 1621, one member who is a licensed
dentist who is neither a board member nor appointed by the board as
an examiner pursuant to Section 1621, three members who are licensed
as registered dental hygienists, at least one of whom is actively
employed in a private dental office, and three members who are
licensed as registered dental assistants. If available, an
individual licensed as a registered dental hygienist in extended
functions shall be appointed in place of one of the members licensed
as a registered dental hygienist. If available, an individual
licensed as a registered dental assistant in extended functions shall
be appointed in place of one of the members licensed as a registered
dental assistant.
(b) The public member of the board shall not have been licensed
under Chapter 4 (commencing with Section 1600) of the Business and
Professions Code within five years of the appointment date and shall
not have any current financial interest in a dental-related business.
SEC. 12. Section 1744 of the Business and Professions Code is
amended to read:
1744. (a) The members of the committee shall be appointed by the
Governor. The terms of the member who is a board member and the
member who has been appointed by the board as an examiner pursuant to
Section 1621 shall expire December 31, 1976. The terms of the
member who is a licensed dentist and one member who is a dental
assistant and one member who is licensed as a registered dental
hygienist shall expire on December 31, 1977. The terms of all other
members shall expire on December 31, 1978. Thereafter, appointments
shall be for a term of four years.
(b) No member shall serve as a member of the committee for more
than two consecutive terms. Vacancies shall be filled by appointment
for the unexpired terms. The committee shall annually elect one of
its members as chairperson.
(c) The Governor shall have the power to remove any member of the
committee from office for neglect of any duty required by law or for
incompetence or unprofessional or dishonorable conduct.
SEC. 13. Section 2065 of the Business and Professions Code is
amended to read:
2065. Unless otherwise provided by law, no postgraduate trainee,
intern, resident, postdoctoral fellow, or instructor may engage in
the practice of medicine, or receive compensation therefor, or offer
to engage in the practice of medicine unless he or she holds a valid,
unrevoked, and unsuspended physician's and surgeon's certificate
issued by the board. However, a graduate of an approved medical
school, who is registered with the Division of Licensing and who is
enrolled in a postgraduate training program approved by the division,
may engage in the practice of medicine whenever and wherever
required as a part of the program under the following conditions:
(a) A graduate enrolled in an approved first-year postgraduate
training program may so engage in the practice of medicine for a
period not to exceed one year whenever and wherever required as a
part of the training program, and may receive compensation for that
practice.
(b) A graduate who has completed the first year of postgraduate
training may, in an approved residency or fellowship, engage in the
practice of medicine whenever and wherever required as part of that
residency or fellowship, and may receive compensation for that
practice. The resident or fellow shall qualify for, take, and pass
the next succeeding written examination for licensure given by the
division, or shall qualify for and receive a physician's and surgeon'
s certificate by one of the other methods specified in this chapter.
If the resident or fellow fails to receive a license to practice
medicine under this chapter within one year from the commencement of
the residency or fellowship or if the division denies his or her
application for licensure, all privileges and exemptions under this
section shall automatically cease.
SEC. 14. Section 2066 of the Business and Professions Code is
amended to read:
2066. (a) Nothing in this chapter shall be construed to prohibit
a foreign medical graduate from engaging in the practice of medicine
whenever and wherever required as a part of a clinical service
program under the following conditions:
(1) The clinical service is in a postgraduate training program
approved by the Division of Licensing.
(2) The graduate is registered with the division for the clinical
service.
(b) A graduate may engage in the practice of medicine under this
section until the receipt of his or her physician and surgeon's
certificate. If the graduate fails to pass the examination and
receive a certificate by the completion of the graduate's third year
of postgraduate training or if the division denies his or her
application for licensure, all privileges and exemptions under this
section shall automatically cease.
(c) Nothing in this section shall preclude a foreign medical
graduate from engaging in the practice of medicine under any other
exemption contained in this chapter.
SEC. 15. Section 2072 of the Business and Professions Code is
amended to read:
2072. Notwithstanding any other provision of law and subject to
the provisions of the State Civil Service Act, any person who is
licensed to practice medicine in any other state, who meets the
requirements for application set forth in this chapter and who
registers with and is approved by the Division of Licensing, may be
appointed to the medical staff within a state institution and, under
the supervision of a physician and surgeon licensed in this state,
may engage in the practice of medicine on persons under the
jurisdiction of any state institution. Qualified physicians and
surgeons licensed in this state shall not be recruited pursuant to
this section.
No person appointed pursuant to this section shall be employed in
any state institution for a period in excess of two years from the
date the person was first employed, and the appointment shall not be
extended beyond the two-year period. At the end of the two-year
period, the physician shall have been issued a physician's and
surgeon's certificate by the board in order to continue employment.
Until the physician has obtained a physician's and surgeon's
certificate from the board, he or she shall not engage in the
practice of medicine in this state except to the extent expressly
permitted herein.
SEC. 16. Section 2073 of the Business and Professions Code is
amended to read:
2073. Notwithstanding any other provision of law, any person who
is licensed to practice medicine in any other state who meets the
requirements for application set forth in this chapter, and who
registers with and is approved by the Division of Licensing, may be
employed on the resident medical staff within a county general
hospital and, under the supervision of a physician and surgeon
licensed in this state, may engage in the practice of medicine on
persons within the county institution. Employment pursuant to this
section is authorized only when an adequate number of qualified
resident physicians cannot be recruited from intern staffs in this
state.
No person appointed pursuant to this section shall be employed in
any county general hospital for a period in excess of two years from
the date the person was first employed, and the employment shall not
be extended beyond the two-year period. At the end of the two-year
period, the physician shall have been issued a physician's and
surgeon's certificate by the board in order to continue as a member
of the resident staff. Until the physician has obtained a physician'
s and surgeon's certificate from the board, he or she shall not
engage in the practice of medicine in this state except to the extent
expressly permitted herein.
SEC. 17. Section 2079 of the Business and Professions Code is
amended to read:
2079. (a) A physician and surgeon who desires to administer
general anesthesia in the office of a dentist pursuant to Section
1646.9, shall provide the Medical Board of California with a copy of
the application submitted to the Dental Board of California pursuant
to subdivision (b) of Section 1646.9 and a fee established by the
board not to exceed the costs of processing the application as
provided in this section.
(b) The Medical Board of California shall review the information
submitted and take action as follows:
(1) Inform the Dental Board of California whether the physician
and surgeon has a current license in good standing to practice
medicine in this state.
(2) Verify whether the applicant has successfully completed a
postgraduate residency training program in anesthesiology and whether
the program has been recognized by the American Council on Graduate
Medical Education.
(3) Inform the Dental Board of California whether the Medical
Board of California has determined that the applicant has
successfully completed the postgraduate residency training program in
anesthesiology recognized by the American Council on Graduate
Medicine.
(c) This section shall remain in effect until January 1,
2006 2007 , and as of that date is repealed,
unless a later enacted statute, which is enacted on or before January
1, 2006 2007 , deletes or extends that
date.
SEC. 18. Section 2088 of the Business and Professions Code is
repealed.
SEC. 19. Section 2102 of the Business and Professions Code is
amended to read:
2102. Any applicant whose professional instruction was acquired
in a country other than the United States or Canada shall provide
evidence satisfactory to the division of compliance with the
following requirements to be issued a physician
physician's and surgeon's certificate:
(a) Completion in a medical school or schools of a resident course
of professional instruction equivalent to that required by Section
2089 and issuance to the applicant of a document acceptable to the
division that shows final and successful completion of the course.
However, nothing in this section shall be construed to require the
division to evaluate for equivalency any coursework obtained at a
medical school disapproved by the division pursuant to this section.
(b) Certification by the Educational Commission for Foreign
Medical Graduates, or its equivalent, as determined by the division.
This subdivision shall apply to all applicants who are subject to
this section and who have not taken and passed the written
examination specified in subdivision (d) prior to June 1, 1986.
(c) Satisfactory completion of the postgraduate training required
under Section 2096. An applicant shall be required to have
substantially completed the professional instruction required in
subdivision (a) and shall be required to make application to the
division and have passed steps 1 and 2 of the written examination
relating to biomedical and clinical sciences prior to commencing any
postgraduate training in this state. In its discretion, the division
may authorize an applicant who is deficient in any education or
clinical instruction required by Sections 2089 and 2089.5 to make up
any deficiencies as a part of his or her postgraduate training
program, but that remedial training shall be in addition to the
postgraduate training required for licensure.
(d) Pass the written examination as provided under Article 9
(commencing with Section 2170). If an applicant has not
satisfactorily completed at least two years of approved postgraduate
training, the applicant shall also pass the clinical competency
written examination. An applicant shall be required to meet the
requirements specified in subdivision (b) prior to being admitted to
the written examination required by this subdivision.
Nothing in this section prohibits the division from disapproving
any foreign medical school or from denying an application if, in the
opinion of the division, the professional instruction provided by the
medical school or the instruction received by the applicant is not
equivalent to that required in Article 4 (commencing with Section
2080).
SEC. 20. Section 2245 of the Business and Professions Code is
amended to read:
2245. A violation of Article 2.7 (commencing with Section 1646)
of Chapter 4 or Section 1682 by a physician and surgeon who possesses
a permit issued by the Dental Board of California to administer
general anesthesia in a dental office may constitute unprofessional
conduct.
This section shall remain in effect until January 1, 2004
2007 , and as of that date is repealed, unless
a later enacted statute which is enacted on or before January 1,
2004 2007 , deletes or extends that
date.
SEC. 21. Section 2499.5 of the Business and Professions Code is
amended to read:
2499.5. The following fees apply to certificates to practice
podiatric medicine. The amount of fees prescribed for doctors of
podiatric medicine shall be those set forth in this section unless a
lower fee is established by the board in accordance with Section
2499.6. Fees collected pursuant to this section shall be fixed by
the board in amounts not to exceed the actual costs of providing the
service for which the fee is collected.
(a) Each applicant for a certificate to practice podiatric
medicine shall pay an application fee of twenty dollars ($20) at the
time the application is filed. If the applicant qualifies for a
certificate, he or she shall pay a fee which shall be fixed by the
board at an amount not to exceed one hundred dollars ($100) nor less
than five dollars ($5) for the issuance of the certificate.
(b) The oral examination fee shall be seven hundred dollars
($700), or the actual cost, whichever is lower, and shall be paid by
each applicant. If the applicant's credentials are insufficient or
if the applicant does not desire to take the examination, and has so
notified the board 30 days prior to the examination date, only the
examination fee is returnable to the applicant. The board may charge
an examination fee for any subsequent reexamination of the
applicant.
(c) Each applicant who qualifies for a certificate, as a condition
precedent to its issuance, in addition to other fees required by
this section, shall pay an initial license fee. The initial license
fee shall be eight hundred dollars ($800). The initial license shall
expire the second year after its issuance on the last day of the
month of birth of the licensee. The board may reduce the initial
license fee by up to 50 percent of the amount of the fee for any
applicant who is enrolled in a postgraduate training program approved
by the board or who has completed a postgraduate training program
approved by the board within six months prior to the payment of the
initial license fee.
(d) The biennial renewal fee shall be nine hundred dollars ($900).
This fee shall remain in effect only until January 1, 2004, and as
of that date is reduced to eight hundred dollars ($800), unless a
later enacted statute, that is enacted before January 1, 2004,
deletes or extends that date. Any licensee enrolled in an approved
residency program shall be required to pay only 50 percent of the
biennial renewal fee at the time of his or her first renewal.
(e) The delinquency fee is one hundred fifty dollars ($150).
(f) The duplicate wall certificate fee is forty dollars ($40).
(g) The duplicate renewal receipt fee is forty dollars ($40).
(h) The endorsement fee is thirty dollars ($30).
(i) The letter of good standing fee or for loan deferment is
thirty dollars ($30).
(j) There shall be a fee of sixty dollars ($60) for the issuance
of a limited license under Section 2475.
(k) The application fee for certification under Section
2473 2472 shall be fifty dollars ($50). The
examination and reexamination fee for this certification shall be
seven hundred dollars ($700).
(l) The filing fee to appeal the failure of an oral examination
shall be twenty-five dollars ($25).
(m) The fee for approval of a continuing education course or
program shall be one hundred dollars ($100).
SEC. 22. Section 2531 of the Business and Professions Code is
amended to read:
2531. There is hereby created a Speech-Language Pathology and
Audiology Board under the jurisdiction of the Medical Board of
California. The Speech-Language Pathology and Audiology Board shall
consist of nine members, three of whom shall be public members. The
Speech-Language Pathology and Audiology Board shall enforce and
administer this chapter.
This section shall become inoperative on July 1, 2004, and, as of
January 1, 2005, is repealed, unless a later enacted statute, that
becomes effective on or before January 1, 2005, deletes or extends
the inoperative and repeal dates.
SEC. 22.5. Section 2532.6 of the Business and Professions Code is
amended to read:
2532.6. (a) The Legislature recognizes that the education and
experience requirements of this chapter constitute only minimal
requirements to assure the public of professional competence. The
Legislature encourages all professionals licensed and registered by
the board under this chapter to regularly engage in continuing
professional development and learning that is related and relevant to
the professions of speech-language pathology and audiology.
(b) On and after January 1, 2001, and until January 1, 2002, the
board shall not renew any license or registration pursuant to this
chapter unless the applicant certifies to the board that he or she
has completed, after April 12, 1999, and prior to his or her renewal
date in 2001, not less than the minimum number of continuing
professional development hours established by the board pursuant to
subdivision (c) for the professional practice authorized by his or
her license. On and after January 1, 2002, the board shall not renew
any license or registration pursuant to this chapter unless the
applicant certifies to the board that he or she has completed in the
preceding two years not less than the minimum number of continuing
professional development hours established by the board pursuant to
subdivision (c) for the professional practice authorized by his or
her license or registration.
(c) (1) The board shall prescribe the forms utilized for and the
number of hours of required continuing professional development for
persons licensed or registered under this chapter.
(2) The board shall have the right to audit the records of any
applicant to verify the completion of the continuing professional
development requirements.
(3) Applicants shall maintain records of completion of required
continuing professional development coursework for a minimum of two
years and shall make these records available to the board for
auditing purposes upon request.
(d) The board shall establish exceptions from the continuing
professional development requirements of this section for good cause
as defined by the board.
(e) (1) The continuing professional development services shall be
obtained from accredited institutions of higher learning,
organizations approved as continuing education providers by either
the American Speech-Language Hearing Association or the American
Academy of Audiology, the California Medical Association's Institute
for Medical Quality Continuing Medical Education Program, or other
entities or organizations approved as continuing professional
development providers by the board, in its discretion.
(2) The continuing professional development services offered by
these entities may, but are not required to, utilize pretesting and
posttesting or other evaluation techniques to measure and demonstrate
improved professional learning and competency.
(3) An accredited institution of higher learning, an organization
approved as continuing education providers by either the American
Speech-Language Hearing Association or the American Academy of
Audiology, and the California Medical Association's Institute for
Medical Quality Continuing Education Program shall be exempt from any
application or registration fees that the board may charge for
continuing education providers.
(4) Unless a course offered by entities listed in paragraph (3)
meets the requirements of the sponsoring institution, the course may
not be credited towards the continuing professional development
requirements for license renewal.
(5) The licensee shall be responsible for obtaining the required
course completion documents for courses offered by entities specified
in paragraph (1).
(f) The board, by regulation, shall fund the administration of
this section through professional development services provider and
licensing fees to be deposited in the Speech-Language Pathology and
Audiology Board Fund. The fees related to the administration of this
section shall be sufficient to meet, but shall not exceed, the costs
of administering the corresponding provisions of this section.
(g) The continuing professional development requirements adopted
by the board shall comply with any guidelines for mandatory
continuing education established by the Department of Consumer
Affairs.
SEC. 22.7. Section 2570.3 of the Business and Professions Code is
amended to read:
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 2003
, 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.
SEC. 23. Section 2878.7 of the Business and Professions Code is
repealed.
SEC. 24. Section 2878.7 is added to the Business and Professions
Code, to read:
2878.7. (a) A person whose license has been revoked, suspended,
surrendered, or placed on probation, may petition the board for
reinstatement or modification of the penalty, including modification
or termination of probation, after a period not less than the
following minimum periods has elapsed from the effective date of the
disciplinary order or if any portion of the order is stayed by the
board itself or by the superior court, from the date the disciplinary
action is actually implemented in its entirety:
(1) Except as otherwise provided in this section, at least three
years for the reinstatement of a license that was revoked or
surrendered, except that the board may, in its sole discretion,
specify in its order a lesser period of time, which shall be no less
than one year, to petition for reinstatement.
(2) At least two years for the early termination of a probation
period of three years or more.
(3) At least one year for the early termination of a probation
period of less than three years.
(4) At least one year for the modification of a condition of
probation, or for the reinstatement of a license revoked for mental
or physical illness.
(b) The board shall give notice to the Attorney General of the
filing of the petition. The petitioner and the Attorney General
shall be given timely notice by letter of the time and place of the
hearing on the petition, and an opportunity to present both oral and
documentary evidence and argument to the board. The petitioner shall
at all times have the burden of proof to establish by clear and
convincing evidence that he or she is entitled to the relief sought
in the petition.
(c) The board itself or the administrative law judge, if one is
designated by the board, shall hear the petition and shall prepare a
written decision setting forth the reasons supporting the decision.
(d) The board may grant or deny the petition or may impose any
terms and conditions that it reasonably deems appropriate as a
condition of reinstatement or reduction of penalty.
(e) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole or subject to
an order of registration pursuant to Section 290 of the Penal Code.
No petition shall be considered while there is an accusation or
petition to revoke probation pending against the petitioner.
(f) Except in those cases where the petitioner has been
disciplined for a violation of Section 822, the board may in its
discretion deny without hearing or argument any petition that is
filed pursuant to this section within a period of two years from the
effective date of a prior decision following a hearing under this
section.
(g) Nothing in this section shall be deemed to alter the
provisions of Sections 822 and 823.
SEC. 24.2. Section 2903 of the Business and Professions Code is
amended to read:
2903. No person may engage in the practice of psychology, or
represent himself or herself to be a psychologist, without a license
granted under this chapter, except as otherwise provided in this
chapter. The practice of psychology is defined as rendering or
offering to render for a fee to individuals, groups,
organizations or the public any psychological service involving the
application of psychological principles, methods, and procedures of
understanding, predicting, and influencing behavior, such as the
principles pertaining to learning, perception, motivation, emotions,
and interpersonal relationships; and the methods and procedures of
interviewing, counseling, psychotherapy, behavior modification, and
hypnosis; and of constructing, administering, and interpreting tests
of mental abilities, aptitudes, interests, attitudes, personality
characteristics, emotions, and motivations.
The application of such these
principles and methods includes, but is not restricted to:
diagnosis, prevention, treatment, and amelioration of psychological
problems and emotional and mental disorders of individuals and
groups.
Psychotherapy within the meaning of this chapter means the use of
psychological methods in a professional relationship to assist a
person or persons to acquire greater human effectiveness or to modify
feelings, conditions, attitudes and behavior which are emotionally,
intellectually, or socially ineffectual or maladjustive.
As used in this chapter, "fee" means any charge, monetary or
otherwise, whether paid directly or paid on a prepaid or capitation
basis by a third party, or a charge assessed by a facility, for
services rendered.
SEC. 24.4. Section 2914 of the Business and Professions Code is
amended to read:
2914. Each applicant for licensure shall comply with all of the
following requirements:
(a) Is not subject to denial of licensure under Division 1.5.
(b) Possess an earned doctorate degree (1) in psychology, (2) in
education psychology, or (3) in education with the field of
specialization in counseling psychology or educational psychology.
Except as provided in subdivision (g), this degree or training shall
be obtained from an accredited university, college, or professional
school.
No educational institution shall be denied recognition as an
accredited academic institution solely because its program is not
accredited by any professional organization of psychologists, and
nothing in this chapter or in the administration of this chapter
shall require the registration with the board by educational
institutions of their departments of psychology or their doctoral
programs in psychology.
An applicant for licensure trained in an educational institution
outside the United States or Canada shall demonstrate to the
satisfaction of the board that he or she possesses a doctorate degree
in psychology with that is equivalent
to such a degree earned from a regionally
accredited university in the United States or Canada. These
applicants shall provide the board with a comprehensive evaluation of
the degree performed by a foreign credential evaluation service that
is a member of the National Association of Credential Evaluation
Services (NACES), and any other documentation the board deems
necessary.
(c) Have engaged for at least two years in supervised professional
experience under the direction of a licensed psychologist, the
specific requirements of which shall be defined by the board in its
regulations, or under suitable alternative supervision as determined
by the board in regulations duly adopted under this chapter, at least
one year of which shall be after being awarded the doctorate in
psychology. If the supervising licensed psychologist fails to
provide verification to the board of the experience required by this
subdivision within 30 days after being so requested by the applicant,
the applicant may provide written verification directly to the
board.
If the applicant sends verification directly to the board, the
applicant shall file with the board a declaration of proof of
service, under penalty of perjury, of the request for verification.
A copy of the completed verification forms shall be provided to the
supervising psychologist and the applicant shall prove to the board
that a copy has been sent to the supervising psychologist by filing a
declaration of proof of service under penalty of perjury, and shall
file this declaration with the board when the verification forms are
submitted.
Upon receipt by the board of the applicant's verification and
declarations, a rebuttable presumption affecting the burden of
producing evidence is created that the supervised, professional
experience requirements of this subdivision have been satisfied. The
supervising psychologist shall have 20 days from the day the board
receives the verification and declaration to file a rebuttal with the
board.
The authority provided by this subdivision for an applicant to
file written verification directly shall apply only to an applicant
who has acquired the experience required by this subdivision in the
United States.
The board shall establish qualifications by regulation for
supervising psychologists and shall review and approve applicants for
this position on a case-by-case basis.
(d) Take and pass the examination required by Section 2941 unless
otherwise exempted by the board under this chapter.
(e) Show by evidence satisfactory to the board that he or she has
completed training in the detection and treatment of alcohol and
other chemical substance dependency. This requirement applies only
to applicants who matriculate on or after September 1, 1985.
(f) Show by evidence satisfactory to the board that he or she has
completed coursework, in spousal or partner abuse assessment,
detection, and intervention. Coursework required under this
subdivision may be satisfactory if taken either in fulfillment of
other educational requirements for licensure or in a separate course.
This requirement applies to applicants who begin graduate training
on or after January 1, 1995. This requirement for coursework in
spousal or partner abuse detection and treatment shall be satisfied
by, and the board shall accept in satisfaction of the requirement, a
certification from the chief academic officer of the educational
institution from which the applicant graduated that the required
coursework is included within the institution's required curriculum
for graduation.
(g) An applicant holding a doctoral degree in psychology from an
approved institution is deemed to meet the requirements of this
section if all of the following are true:
(1) The approved institution offered a doctoral degree in
psychology designed to prepare students for a license to practice
psychology and was approved by the Bureau for Private Postsecondary
and Vocational Education on or before July 1, 1999.
(2) The approved institution has not, since July 1, 1999, had a
new location, as described in Section 94721 of the Education Code.
(3) The approved institution is not a franchise institution, as
defined in Section 94729.3 of the Education Code.
SEC. 25. Section 4008 of the Business and Professions Code is
amended to read:
4008. (a) Except as provided by Section 159.5, the board may
employ inspectors of pharmacy. The inspectors, whether the
inspectors are employed by the board or the department's Division of
Investigation, may inspect during business hours all pharmacies,
wholesalers, dispensaries, stores, or places in which drugs or
devices are compounded, prepared, furnished, dispensed, or stored.
Any board inspector of pharmacy whose principal duties include either
(1) the inspection and investigation of pharmacies or pharmacists
for alleged violations of this act, or (2) the supervision of other
inspectors of pharmacy, shall be a pharmacist. For purposes of
inspecting or investigating nonpharmacies or nonpharmacists pursuant
to this chapter, a board inspector of pharmacy is not required to be
a pharmacist.
(b) Notwithstanding subdivision (a), a pharmacy inspector may
inspect or examine a physician's office or clinic that does not have
a permit under Section 4180 or 4190 only to the extent necessary to
determine compliance with and to enforce either Section 4080 or 4081.
(c) (1) Any pharmacy inspector employed by the board or in the
department's Division of Investigation shall have the authority, as a
public officer, to arrest, without warrant, any person whenever the
officer has reasonable cause to believe that the person to be
arrested has, in his or her presence, violated any provision of this
chapter or of Division 10 (commencing with Section 11000) of the
Health and Safety Code. If the violation is a felony, or if the
arresting officer has reasonable cause to believe that the person to
be arrested has violated any provision that is declared to be a
felony, although no felony has in fact been committed, he or she may
make an arrest although the violation or suspected violation did not
occur in his or her presence.
(2) In any case in which an arrest authorized by this subdivision
is made for an offense declared to be a misdemeanor, and the person
arrested does not demand to be taken before a magistrate, the
arresting inspector may, instead of taking the person before a
magistrate, follow the procedure prescribed by Chapter 5C (commencing
with Section 853.5) of Title 3 of Part 2 of the Penal Code. That
chapter shall thereafter apply with reference to any proceeding based
upon the issuance of a citation pursuant to this authority.
(d) There shall be no civil liability on the part of, and no cause
of action shall arise against, any person, acting pursuant to
subdivision (a) and within the scope of his or her authority, for
false arrest or false imprisonment arising out of any arrest that is
lawful, or that the arresting officer, at the time of the arrest, had
reasonable cause to believe was lawful. No inspector shall be
deemed an aggressor or lose his or her right to self-defense by the
use of reasonable force to effect the arrest or to prevent escape or
to overcome resistance.
(e) Any inspector may serve all processes and notices throughout
the state.
SEC. 26. Section 4033 of the Business and Professions Code is
amended to read:
4033. (a) "Manufacturer" means and includes every person who
prepares, derives, produces, compounds, or repackages any drug or
device except a pharmacy that manufactures on the immediate premises
where the drug or device is sold to the ultimate consumer.
(b) Notwithstanding subdivision (a), "manufacturer" shall not mean
a pharmacy compounding a drug for parenteral therapy, pursuant to a
prescription, for delivery to another pharmacy for the purpose of
delivering or administering the drug to the patient or patients named
in the prescription, provided that neither the components for the
drug nor the drug are compounded, fabricated, packaged, or otherwise
prepared prior to receipt of the prescription.
(c) Notwithstanding subdivision (a), "manufacturer" shall not mean
a pharmacy that, at a patient's request, repackages a drug
previously dispensed to the patient, or to the patient's agent,
pursuant to a prescription.
SEC. 27. Section 4052.7 is added to the Business and Professions
Code, to read:
4052.7. (a) A pharmacy may, at a patient's request, repackage a
drug previously dispensed to the patient or to the patient's agent
pursuant to a prescription.
(b) Any pharmacy providing repackaging services shall have in
place policies and procedures for repackaging these drugs and shall
label the repackaged prescription container with the following:
(1) All the information required by Section 4076.
(2) The name and address of the pharmacy repackaging the drug and
the name and address of the pharmacy that initially dispensed the
drug to the patient.
(c) The repackaging pharmacy and the pharmacy that initially
dispensed the drug shall only be liable for its own actions in
providing the drug to the patient or the patient's agent.
SEC. 27.2. Section 4053 of the Business and Professions Code is
amended to read:
4053. (a) Subdivision (a) of Section 4051 shall not apply to a
manufacturer, veterinary food-animal drug retailer, or wholesaler if
the board shall find that sufficient, qualified supervision is
employed by the manufacturer, veterinary food-animal drug retailer,
or wholesaler to adequately safeguard and protect the public health,
nor shall Section 4051 apply to any laboratory licensed under Section
351 of Title III of the Public Health Service Act (Public Law
78-410).
(b) An individual employed by a manufacturer, veterinary
food-animal drug retailer, or wholesaler may apply for an exemption
from Section 4051. In order to obtain and maintain that exemption,
the individual shall meet the following requirements:
(1) He or she shall be a high school graduate or possess a general
education development equivalent.
(2) He or she shall have a minimum of one year of paid work
experience related to the distribution or dispensing of dangerous
drugs or dangerous devices or meet all of the prerequisites to take
the examination required for licensure as a pharmacist by the board.
(3) He or she shall complete a training program approved by
the board that, at a minimum, addresses each of the following
subjects:
(A) Knowledge and understanding of state and federal law relating
to the distribution of dangerous drugs and dangerous devices.
(B) Knowledge and understanding of state and federal law relating
to the distribution of controlled substances.
(C) Knowledge and understanding of quality control systems.
(D) Knowledge and understanding of the United States Pharmacopoeia
standards relating to the safe storage and handling of drugs.
(E) Knowledge and understanding of prescription terminology,
abbreviations, dosages and format.
(4) The board may, by regulation, require training programs to
include additional material.
(5) The board may, by regulation, require training programs to
include additional material.
(6) The board shall not issue a certificate of exemption until the
applicant provides proof of completion of the required training to
the board.
(c) The manufacturer, veterinary food-animal drug retailer, or
wholesaler shall not operate without a pharmacist or an individual in
possession of a certificate of exemption on its premises.
(d) Only a pharmacist or an individual in possession of a
certificate of exemption shall prepare and affix the label to
veterinary food-animal drugs.
SEC. 28. Section 4110 of the Business and Professions Code is
amended to read:
4110. (a) No person shall conduct a pharmacy in the State of
California unless he or she has obtained a license from the board. A
license shall be required for each pharmacy owned or operated by a
specific person. A separate license shall be required for each of
the premises of any person operating a pharmacy in more than one
location. The license shall be renewed annually. The board may, by
regulation, determine the circumstances under which a license may be
transferred.
(b) The board may, at its discretion, issue a temporary permit,
when the ownership of a pharmacy is transferred from one person to
another, upon the conditions and for any periods of time as the board
determines to be in the public interest. A temporary permit fee
shall be established by the board at an amount not to exceed the
annual fee for renewal of a permit to conduct a pharmacy. A
temporary permit may be issued for a period not to exceed 180 days,
and may be issued subject to terms and conditions the board deems
necessary. If the board determines a temporary permit was issued by
mistake or denies the application for a permanent license or
registration, the temporary license or registration shall terminate
upon either personal service of the notice of termination upon the
permitholder or service by certified mail, return receipt requested,
at the permitholder's address of record with the board, whichever
comes first. Neither for purposes of retaining a temporary permit
nor for purposes of any disciplinary of license denial proceeding
before the board shall the temporary permitholder be deemed to have a
vested property right or interest in the permit.
SEC. 29. Section 4115 of the Business and Professions Code is
amended to read:
4115. (a) Notwithstanding any other provision of law, a pharmacy
technician may perform packaging, manipulative, repetitive, or other
nondiscretionary tasks, only while assisting, and while under the
direct supervision and control of, a pharmacist.
(b) This section does not authorize the performance of any tasks
specified in subdivision (a) by a pharmacy technician without a
pharmacist on duty, nor does this section authorize the use of a
pharmacy technician to perform tasks specified in subdivision (a)
except under the direct supervision and control of a pharmacist.
(c) This section does not authorize a pharmacy technician to
perform any act requiring the exercise of professional judgment by a
pharmacist.
(d) The board shall adopt regulations to specify tasks pursuant to
subdivision (a) that a pharmacy technician may perform under the
direct supervision and control of a pharmacist. Any pharmacy that
employs a pharmacy technician to perform tasks specified in
subdivision (a) shall do so in conformity with the regulations
adopted by the board pursuant to this subdivision.
(e) (1) No person shall act as a pharmacy technician without first
being registered with the board as a pharmacy technician as set
forth in Section 4202.
(2) The registration requirements in paragraph (1) and Section
4202 shall not apply during the first year of employment for a person
employed or utilized as a pharmacy technician to assist in the
filling of prescriptions for an inmate of a correctional facility of
the Department of the Youth Authority or the Department of
Corrections, or for a person receiving treatment in a facility
operated by the State Department of Mental Health, the State
Department of Developmental Services, or the Department of Veterans
Affairs.
(f) The performance of duties by a pharmacy technician shall be
under the direct supervision and control of a pharmacist. The
pharmacist on duty shall be directly responsible for the conduct of a
pharmacy technician. A pharmacy technician may perform the duties,
as specified in subdivision (a), only under the immediate, personal
supervision and control of a pharmacist. Any pharmacist responsible
for a pharmacy technician shall be on the premises at all times, and
the pharmacy technician shall be within the pharmacist's view. A
pharmacist shall indicate verification of the prescription by
initialing the prescription label before the medication is provided
to the patient.
This subdivision shall not apply to a person employed or utilized
as a pharmacy technician to assist in the filling of prescriptions
for an inpatient of a hospital or for an inmate of a correctional
facility. Notwithstanding the exemption in this subdivision, the
requirements of subdivisions (a) and (b) shall apply to a person
employed or utilized as a pharmacy technician to assist in the
filling of prescriptions for an inpatient of a hospital or for an
inmate of a correctional facility.
(g) (1) The ratio of pharmacy technicians performing the tasks
specified in subdivision (a) to pharmacists shall not exceed one to
one, except that this ratio shall not apply to personnel performing
clerical functions pursuant to Section 4116 or 4117. This ratio is
applicable to all practice settings, except for an inpatient of a
licensed health facility, a patient of a licensed home health agency,
as specified in paragraph (2), an inmate of a correctional facility
of the Department of the Youth Authority or the Department of
Corrections, and for a person receiving treatment in a facility
operated by the State Department of Mental Health, the State
Department of Developmental Services, or the Department of Veterans
Affairs.
(2) The board may adopt regulations establishing the ratio of
pharmacy technicians performing the tasks specified in subdivision
(a) to pharmacists applicable to the filling of prescriptions of an
inpatient of a licensed health facility and for a patient of a
licensed home health agency. Any ratio established by the board
pursuant to this subdivision shall allow, at a minimum, at least one
pharmacy technician for each pharmacist, except that this ratio shall
not apply to personnel performing clerical functions pursuant to
Section 4116 or 4117.
(h) Notwithstanding subdivisions (b) and (f), the board shall by
regulation establish conditions to permit the temporary absence of a
pharmacist for breaks and lunch periods pursuant to Section 512 of
the Labor Code and the orders of the Industrial Welfare Commission
without closing the pharmacy. During these temporary absences, a
pharmacy technician may, at the discretion of the pharmacist, remain
in the pharmacy but may only perform nondiscretionary tasks. The
pharmacist shall be responsible for a pharmacy technician and shall
review any task performed by a pharmacy technician during the
pharmacist's temporary absence. Nothing in this subdivision shall be
construed to authorize a pharmacist to supervise pharmacy
technicians in greater ratios than those described in subdivision
(g).
SEC. 29.2. Section 4115 of the Business and Professions Code is
amended to read:
4115. (a) Notwithstanding any other provision of law, a pharmacy
technician may perform packaging, manipulative, repetitive, or other
nondiscretionary tasks, only while assisting, and while under the
direct supervision and control of, a pharmacist.
(b) This section does not authorize the performance of any tasks
specified in subdivision (a) by a pharmacy technician without a
pharmacist on duty, nor does this section authorize the use of a
pharmacy technician to perform tasks specified in subdivision (a)
except under the direct supervision and control of a pharmacist.
(c) This section does not authorize a pharmacy technician to
perform any act requiring the exercise of professional judgment by a
pharmacist.
(d) The board shall adopt regulations to specify tasks
pursuant to subdivision (a) that a pharmacy technician may perform
under the direct supervision and control of a pharmacist. Any
pharmacy that employs a pharmacy technician to perform tasks
specified in subdivision (a) shall do so in conformity with the
regulations adopted by the board pursuant to this subdivision.
(e) (1) No person shall act as a pharmacy technician without first
being registered with the board as a pharmacy technician as set
forth in Section 4202.
(2) The registration requirements in paragraph (1) and Section
4202 shall not apply during the first year of employment for a person
employed or utilized as a pharmacy technician to assist in the
filling of prescriptions for an inmate of a correctional facility of
the Department of the Youth Authority or the Department of
Corrections, or for a person receiving treatment in a facility
operated by the State Department of Mental Health, the State
Department of Developmental Services, or the Department of Veterans
Affairs.
(f) The performance of duties by a pharmacy technician shall be
under the direct supervision and control of a pharmacist. The
pharmacist on duty shall be directly responsible for the conduct of a
pharmacy technician. A pharmacy technician may perform the duties,
as specified in subdivision (a), only under the immediate, personal
supervision and control of a pharmacist. Any pharmacist responsible
for a pharmacy technician shall be on the premises at all times, and
the pharmacy technician shall be within the pharmacist's view. A
pharmacist shall indicate verification of the prescription by
initialing the prescription label before the medication is provided
to the patient.
This subdivision shall not apply to a person employed or utilized
as a pharmacy technician to assist in the filling of prescriptions
for an inpatient of a hospital or for an inmate of a correctional
facility. Notwithstanding the exemption in this subdivision, the
requirements of subdivisions (a) and (b) shall apply to a person
employed or utilized as a pharmacy technician to assist in the
filling of prescriptions for an inpatient of a hospital or for an
inmate of a correctional facility.
(g) (1) A pharmacy with only one pharmacist shall have no more
than one pharmacy technician performing the tasks specified in
subdivision (a). The ratio of pharmacy technicians performing the
tasks specified in subdivision (a) to any additional pharmacist shall
not exceed 2:1, except that this ratio shall not apply to personnel
performing clerical functions pursuant to Section 4116 or 4117. This
ratio is applicable to all practice settings, except for an
inpatient of a licensed health facility, a patient of a licensed home
health agency, as specified in paragraph (2), an inmate of a
correctional facility of the Department of the Youth Authority or the
Department of Corrections, and for a person receiving treatment in a
facility operated by the State Department of Mental Health, the
State Department of Developmental Services, or the Department of
Veterans Affairs.
(2) The board may adopt regulations establishing the ratio of
pharmacy technicians performing the tasks specified in subdivision
(a) to pharmacists applicable to the filling of prescriptions of an
inpatient of a licensed health facility and for a patient of a
licensed home health agency. Any ratio established by the board
pursuant to this subdivision shall allow, at a minimum, at least one
pharmacy technician for a single pharmacist in a pharmacy and two
pharmacy technicians for each additional pharmacist, except that this
ratio shall not apply to personnel performing clerical functions
pursuant to Section 4116 or 4117.
(3) A pharmacist scheduled to supervise a second pharmacy
technician may refuse to supervise a second pharmacy technician if
the pharmacist determines, in the exercise of his or her professional
judgment, that permitting the second pharmacy technician to be on
duty would interfere with the effective performance of the pharmacist'
s responsibilities under this chapter. A pharmacist assigned to
supervise a second pharmacy technician shall notify the pharmacist in
charge in writing of his or her determination, specifying the
circumstances of concern with respect to the pharmacy or the pharmacy
technician that have led to the determination, within a reasonable
period, but not to exceed 24 hours, after the posting of the relevant
schedule. No entity employing a pharmacist may discharge,
discipline, or otherwise discriminate against any pharmacist in the
terms and conditions of employment for exercising or attempting to
exercise in good faith the right established pursuant to this
paragraph.
(h) Notwithstanding subdivisions (b) and (f), the board shall by
regulation establish conditions to permit the temporary absence of a
pharmacist for breaks and lunch periods pursuant to Section 512 of
the Labor Code and the orders of the Industrial Welfare Commission
without closing the pharmacy. During these temporary absences, a
pharmacy technician may, at the discretion of the pharmacist, remain
in the pharmacy but may only perform nondiscretionary tasks. The
pharmacist shall be responsible for a pharmacy technician and shall
review any task performed by a pharmacy technician during the
pharmacist's temporary absence. Nothing in this subdivision shall be
construed to authorize a pharmacist to supervise pharmacy
technicians in greater ratios than those described in subdivision
(g).
SEC. 29.4. Section 4160 of the Business and Professions Code is
amended to read:
4160. (a) No person shall act as a wholesaler of any dangerous
drug or dangerous device unless he or she has obtained a license from
the board. Upon approval by the board and the payment of the
required fee, the board shall issue a license to the applicant.
(b) No selling or distribution outlet, located in this state, of
any out-of-state manufacturer, that has not obtained a license from
the board, that sells or distributes only the dangerous drugs or the
dangerous devices of that manufacturer, shall sell or distribute any
dangerous drug or dangerous device in this state without obtaining a
wholesaler's license from the board.
(c) A separate license shall be required for each place of
business owned or operated by a wholesaler. Each license shall be
renewed annually and shall not be transferable.
(d) The board shall not issue or renew a wholesaler license until
the wholesaler designates an exemptee-in-charge and notifies the
board in writing of the identity and license number of that exemptee.
The exemptee-in-charge shall be responsible for the wholesaler's
compliance with state and federal laws governing wholesalers. Each
wholesaler shall designate, and notify the board of, a new
exemptee-in-charge within 30 days of the date that the prior
exemptee-in-charge ceases to be exemptee-in-charge. A pharmacist may
be designated as the exemptee-in-charge.
(e) For purposes of this section, "exemptee-in-charge" means a
person granted a certificate of exemption pursuant to Section 4053,
or a registered pharmacist, who is the supervisor or manager of the
facility.
SEC. 30. Section 4161 of the Business and Professions Code is
amended to read:
4161. (a) No person shall act as an out-of-state manufacturer or
wholesaler of dangerous drugs or dangerous devices doing business in
this state who has not obtained an out-of-state dangerous drug or
dangerous device distributor's license from the board. Persons not
located in this state selling or distributing dangerous drugs or
dangerous devices in this state only through a licensed wholesaler
are not required to be licensed as an out-of-state manufacturer or
wholesaler or have an out-of-state dangerous drug or dangerous device
distributor's license.
(b) Applications for an out-of-state dangerous drug or dangerous
device distributor's license shall be made on a form furnished by the
board. The board may require any information as the board deems is
reasonably necessary to carry out the purposes of the section. The
license shall be renewed annually.
(c) The Legislature, by enacting this section, does not intend a
license issued to any out-of-state manufacturer or wholesaler
pursuant to this section to change or affect the tax liability
imposed by Chapter 3 (commencing with Section 23501) of Part 11 of
Division 2 of the Revenue and Taxation Code on any out-of-state
manufacturer or wholesaler.
(d) The Legislature, by enacting this section, does not intend a
license issued to any out-of-state manufacturer or wholesaler
pursuant to this section to serve as any evidence that the
out-of-state manufacturer or wholesaler is doing business within this
state.
SEC. 30.2. Section 4196 of the Business and Professions Code is
amended to read:
4196. (a) No person shall conduct a veterinary food-animal drug
retailer in the State of California unless he or she has obtained a
license from the board. A license shall be required for each
veterinary food-animal drug retailer owned or operated by a specific
person. A separate license shall be required for each of the
premises of any person operating a veterinary food-animal drug
retailer in more than one location. The license shall be renewed
annually and shall not be transferable.
(b) The board may issue a temporary license, upon conditions and
for periods of time as the board determines to be in the public
interest. A temporary license fee shall be fixed by the board at an
amount not to exceed the annual fee for renewal of a license to
conduct a veterinary food-animal drug retailer.
(c) No person other than a pharmacist, an intern pharmacist, an
exempt person , an authorized officer of the law, or a
person authorized to prescribe, shall be permitted in that area,
place, or premises described in the permit issued by the board
pursuant to Section 4041, wherein veterinary food-animal drugs are
stored, possessed, or repacked. A pharmacist or exemptee shall be
responsible for any individual who enters the veterinary food-animal
drug retailer for the purpose of performing clerical, inventory
control, housekeeping, delivery, maintenance, or similar functions
relating to the veterinary food-animal drug retailer.
(d) The board shall not issue or renew a veterinary food-animal
retailer license until the veterinary food-animal drug retailer
designates an exemptee-in-charge and notifies the board in writing of
the identity and license number of that exemptee. The
exemptee-in-charge shall be responsible for the veterinary
food-animal drug retailer's compliance with state and federal laws
governing veterinary food-animal drug retailer
retailers . Each veterinary food-animal drug retailer
shall designate, and notify the board of, a new exemptee-in-charge
within 30 days of the date that the prior exemptee-in-charge ceases
to be exemptee-in-charge. A pharmacist may be designated as the
exemptee-in-charge.
(e) For purposes of this section, "exemptee-in-charge" means a
person granted a certificate of exemption pursuant to Section 4053,
or a registered pharmacist, who is the supervisor or manager of the
facility.
SEC. 30.4. Section 4200.5 of the Business and Professions Code is
amended to read:
4200.5. (a) The board shall issue, upon application and payment
of the fee established by Section 4400, a retired license to a
pharmacist who has been licensed by the board. The board shall not
issue a retired license to a pharmacist whose license has been
revoked.
(b) The holder of a retired license issued pursuant to this
section shall not engage in any activity for which an active
pharmacist's license is required. A pharmacist holding a retired
license shall be permitted to use the titles "retired pharmacist" or
"pharmacist, retired."
(c) The holder of a retired license shall not be required to renew
that license.
(d) In order for the holder of a retired license issued pursuant
to this section to restore his or her license to active status, he or
she shall pass the examination that is required for initial
licensure with the board.
SEC. 30.6. Section 4301 of the Business and Professions Code is
amended to read:
4301. The board shall take action against any holder of a license
who is guilty of unprofessional conduct or whose license has been
procured by fraud or misrepresentation or issued by mistake.
Unprofessional conduct shall include, but is not limited to, any of
the following:
(a) Gross immorality.
(b) Incompetence.
(c) Gross negligence.
(d) The clearly excessive furnishing of controlled substances in
violation of subdivision (a) of Section 11153 of the Health and
Safety Code.
(e) The clearly excessive furnishing of controlled substances in
violation of subdivision (a) of Section 11153.5 of the Health and
Safety Code. Factors to be considered in determining whether the
furnishing of controlled substances is clearly excessive shall
include, but not be limited to, the amount of controlled substances
furnished, the previous ordering pattern of the customer (including
size and frequency of orders), the type and size of the customer, and
where and to whom the customer distributes its product.
(f) The commission of any act involving moral turpitude,
dishonesty, fraud, deceit, or corruption, whether the act is
committed in the course of relations as a licensee or otherwise, and
whether the act is a felony or misdemeanor or not.
(g) Knowingly making or signing any certificate or other document
that falsely represents the existence or nonexistence of a state of
facts.
(h) The administering to oneself, of any controlled substance, or
the use of any dangerous drug or of alcoholic beverages to the extent
or in a manner as to be dangerous or injurious to oneself, to a
person holding a license under this chapter, or to any other person
or to the public, or to the extent that the use impairs the ability
of the person to conduct with safety to the public the practice
authorized by the license.
(i) Except as otherwise authorized by law, knowingly selling,
furnishing, giving away, or administering or offering to sell,
furnish, give away, or administer any controlled substance to an
addict.
(j) The violation of any of the statutes of this state or of the
United States regulating controlled substances and dangerous drugs.
(k) The conviction of more than one misdemeanor or any felony
involving the use, consumption, or self-administration of any
dangerous drug or alcoholic beverage, or any combination of those
substances.
(l) The conviction of a crime substantially related to the
qualifications, functions, and duties of a licensee under this
chapter. The record of conviction of a violation of Chapter 13
(commencing with Section 801) of Title 21 of the United States Code
regulating controlled substances or of a violation of the statutes of
this state regulating controlled substances or dangerous drugs shall
be conclusive evidence of unprofessional conduct. In all other
cases, the record of conviction shall be conclusive evidence only of
the fact that the conviction occurred. The board may inquire into
the circumstances surrounding the commission of the crime, in order
to fix the degree of discipline or, in the case of a conviction not
involving controlled substances or dangerous drugs, to determine if
the conviction is of an offense substantially related to the
qualifications, functions, and duties of a licensee under this
chapter. A plea or verdict of guilty or a conviction following a
plea of nolo contendere is deemed to be a conviction within the
meaning of this provision. The board may take action when the time
for appeal has elapsed, or the judgment of conviction has been
affirmed on appeal or when an order granting probation is made
suspending the imposition of sentence, irrespective of a subsequent
order under Section 1203.4 of the Penal Code allowing the person to
withdraw his or her plea of guilty and to enter a plea of not guilty,
or setting aside the verdict of guilty, or dismissing the
accusation, information, or indictment.
(m) The cash compromise of a charge of violation of Chapter 13
(commencing with Section 801) of Title 21 of the United States Code
regulating controlled substances or of Chapter 7 (commencing with
Section 14000) of Part 3 of Division 9 of the Welfare and
Institutions Code relating to the Medi-Cal program. The record of
the compromise is conclusive evidence of unprofessional conduct.
(n) The revocation, suspension, or other discipline by another
state of a license to practice pharmacy, operate a pharmacy, or do
any other act for which a license is required by this chapter.
(o) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of or conspiring to violate
any provision or term of this chapter or of the applicable federal
and state laws and regulations governing pharmacy, including
regulations established by the board.
(p) Actions or conduct that would have warranted denial of a
license.
(q) Engaging in any conduct that subverts or attempts to subvert
an investigation of the board.
(r) The selling, trading, transferring, or furnishing of drugs
obtained pursuant to Section 256b of Title 42 of the United States
Code to any person a licensee knows or reasonably should have known,
not to be a patient of a covered entity, as defined in paragraph (4)
of subsection (a) of Section 256b of Title 42 of the United States
Code.
SEC. 31. Section 4305.5 of the Business and Professions Code is
amended to read:
4305.5. (a) Any person who has obtained a license to conduct a
wholesaler or veterinary food-animal drug retailer, shall notify the
board within 30 days of the termination of employment of any
pharmacist or exemptee who takes charge of, or acts as manager of the
licensee. Failure to notify the board within the 30-day period
shall constitute grounds for disciplinary action.
(b) Any person who has obtained a license to conduct a wholesaler
or veterinary food-animal drug retailer, who willfully fails to
notify the board of the termination of employment of any pharmacist
or exemptee who takes charge of, or acts as manager of the licensee,
and who continues to operate the licensee in the absence of a
pharmacist or an exemptee approved for that location, shall be
subject to summary suspension or revocation of his or her license to
conduct a wholesaler or veterinary food-animal drug retailer.
(c) Any pharmacist or exemptee who takes charge of, or acts as
manager of a wholesaler or veterinary food-animal drug retailer, who
terminates his or her employment at the licensee, shall notify the
board within 30 days of the termination of employment. Failure to
notify the board within the 30-day period shall constitute grounds
for disciplinary action.
SEC. 32. Section 4331 of the Business and Professions Code is
amended to read:
4331. (a) Any person who is neither a pharmacist nor an exemptee
and who takes charge of a wholesaler or veterinary food-animal drug
retailer or who dispenses a prescription or furnishes dangerous
devices except as otherwise provided in this chapter is guilty of a
misdemeanor.
(b) Any person who has obtained a license to conduct a veterinary
food-animal drug retailer and who fails to place in charge of that
veterinary food-animal drug retailer a pharmacist or exemptee, or any
person who, by himself or herself, or by any other person, permits
the dispensing of prescriptions, except by a pharmacist or exemptee,
or as otherwise provided in this chapter, is guilty of a misdemeanor.
(c) Any person who has obtained a license to conduct a wholesaler
and who fails to place in charge of that wholesaler a pharmacist or
exemptee, or any person who, by himself or herself, or by any other
person, permits the furnishing of dangerous drugs or dangerous
devices, except by a pharmacist or exemptee, or as otherwise provided
in this chapter, is guilty of a misdemeanor.
SEC. 33. Section 4400 of the Business and Professions Code is
amended to read:
4400. The amount of fees and penalties prescribed by this
chapter, except as otherwise provided, is that fixed by the board
according to the following schedule:
(a) The fee for a nongovernmental pharmacy license shall be three
hundred forty dollars ($340) and may be increased to four hundred
dollars ($400).
(b) The fee for a nongovernmental pharmacy or medical device
retailer annual renewal shall be one hundred seventy-five dollars
($175) and may be increased to two hundred fifty dollars ($250).
(c) The fee for the pharmacist examination shall be one hundred
fifty-five dollars ($155) and may be increased to one hundred
eighty-five dollars ($185).
(d) The fee for regrading an examination shall be seventy-five
dollars ($75) and may be increased to eighty-five dollars ($85). If
an error in grading is found and the applicant passes the
examination, the regrading fee shall be refunded.
(e) The fee for a pharmacist license and biennial renewal shall be
one hundred fifteen dollars ($115) and may be increased to one
hundred fifty dollars ($150).
(f) The fee for a wholesaler license and annual renewal shall be
five hundred fifty dollars ($550) and may be increased to six hundred
dollars ($600).
(g) The fee for a hypodermic license and renewal shall be ninety
dollars ($90) and may be increased to one hundred twenty-five dollars
($125).
(h) The fee for application and investigation for an exemptee
license under Sections 4053 and 4054 shall be seventy-five dollars
($75) and may be increased to one hundred dollars ($100), except for
a veterinary food-animal drug retailer exemptee, for whom the fee
shall be one hundred dollars ($100).
(i) The fee for an exemptee license and annual renewal under
Sections 4053 and 4054 shall be one hundred ten dollars ($110) and
may be increased to one hundred fifty dollars ($150), except that the
fee for the issuance of a veterinary food-animal drug retailer
exemptee license shall be one hundred fifty dollars ($150), for
renewal one hundred ten dollars ($110), which may be increased to one
hundred fifty dollars ($150), and for filing a late renewal
fifty-five dollars ($55).
(j) The fee for an out-of-state drug distributor's license and
annual renewal issued pursuant to Section 4120 shall be five hundred
fifty dollars ($550) and may be increased to six hundred dollars
($600).
(k) The fee for registration and annual renewal of providers of
continuing education shall be one hundred dollars ($100) and may be
increased to one hundred thirty dollars ($130).
(l) The fee for evaluation of continuing education courses for
accreditation shall be set by the board at an amount not to exceed
forty dollars ($40) per course hour.
(m) The fee for evaluation of applications submitted by graduates
of foreign colleges of pharmacy or colleges of pharmacy not
recognized by the board shall be one hundred sixty-five dollars
($165) and may be increased to one hundred seventy-five dollars
($175).
(n) The fee for an intern license or extension shall be sixty-five
dollars ($65) and may be increased to seventy-five dollars ($75).
The fee for transfer of intern hours or verification of licensure to
another state shall be fixed by the board not to exceed twenty
dollars ($20).
(o) The board may, by regulation, provide for the waiver or refund
of the additional fee for the issuance of a certificate where the
certificate is issued less than 45 days before the next succeeding
regular renewal date.
(p) The fee for the reissuance of any license, or renewal thereof,
that has been lost or destroyed or reissued due to a name change is
thirty dollars ($30).
(q) The fee for the reissuance of any license, or renewal thereof,
that must be reissued because of a change in the information, is
sixty dollars ($60) and may be increased to one hundred dollars
($100).
(r) It is the intent of the Legislature that, in setting fees
pursuant to this section, the board shall seek to maintain a reserve
in the Pharmacy Board Contingent Fund equal to approximately one year'
s operating expenditures.
(s) The fee for any applicant for a clinic permit is three hundred
forty dollars ($340) and may be increased to four hundred dollars
($400) for each permit. The annual fee for renewal of the permit is
one hundred seventy-five dollars ($175) and may be increased to two
hundred fifty dollars ($250) for each permit.
(t) The board shall charge a fee for the processing and issuance
of a registration to a pharmacy technician and a separate fee for the
biennial renewal of the registration. The registration fee shall be
twenty-five dollars ($25) and may be increased to fifty dollars
($50). The biennial renewal fee shall be twenty-five dollars ($25)
and may be increased to fifty dollars ($50).
(u) The fee for a veterinary food-animal drug retailer license
shall be four hundred dollars ($400). The annual renewal fee for a
veterinary food-animal drug retailer shall be two hundred fifty
dollars ($250).
(v) The fee for issuance of a retired license pursuant to Section
4200.5 shall be thirty dollars ($30).
SEC. 34. Section 4524 of the Business and Professions Code is
repealed.
SEC. 35. Section 4524 is added to the Business and Professions
Code, to read:
4524. (a) A person whose license has been revoked, suspended,
surrendered, or placed on probation, may petition the board for
reinstatement or modification of the penalty, including modification
or termination of probation, after a period not less than the
following minimum periods has elapsed from the effective date of the
disciplinary order or if any portion of the order is stayed by the
board itself or by the superior court, from the date the disciplinary
action is actually implemented in its entirety:
(1) Except as otherwise provided in this section, at least three
years for the reinstatement of a license that was revoked or
surrendered, except that the board may, in its sole discretion,
specify in its order a lesser period of time, which shall be no less
than one year to petition for reinstatement.
(2) At least two years for the early termination of a probation
period of three years or more.
(3) At least one year for the early termination of a probation
period of less than three years.
(4) At least one year for the modification of a condition of
probation, or for the reinstatement of a license revoked for mental
or physical illness.
(b) The board shall give notice to the Attorney
General of the filing of the petition. The petitioner and the
Attorney General shall be given timely notice by letter of the time
and place of the hearing on the petition, and an opportunity to
present both oral and documentary evidence and argument to the board.
The petitioner shall at all times have the burden of proof to
establish by clear and convincing evidence that he or she is entitled
to the relief sought in the petition.
(c) The board itself or the administrative law judge, if one is
designated by the board, shall hear the petition and shall prepare a
written decision setting forth the reasons supporting the decision.
(d) The board may grant or deny the petition or may impose any
terms and conditions that it reasonably deems appropriate as a
condition of reinstatement or reduction of penalty.
(e) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole or subject to
an order of registration pursuant to Section 290 of the Penal Code.
No petition shall be considered while there is an accusation or
petition to revoke probation pending against the petitioner.
(f) Except in those cases where the petitioner has been
disciplined for a violation of Section 822, the board may in its
discretion deny without hearing or argument any petition that is
filed pursuant to this section within a period of two years from the
effective date of a prior decision following a hearing under this
section.
(g) Nothing in this section shall be deemed to alter the
provisions of Sections 822 and 823.
SEC. 36. Section 4980.40 of the Business and Professions Code is
amended to read:
4980.40. To qualify for a license, an applicant shall have all
the following qualifications:
(a) Applicants applying for licensure on or after January 1, 1988,
shall possess a doctor's or master's degree in marriage, family, and
child counseling, marital and family therapy, psychology, clinical
psychology, counseling psychology, or counseling with an emphasis in
either marriage, family, and child counseling or marriage and family
therapy, obtained from a school, college, or university accredited by
the Western Association of Schools and Colleges, or approved by the
Bureau for Private Postsecondary and Vocational Education. The board
has the authority to make the final determination as to whether a
degree meets all requirements, including, but not limited to, course
requirements regardless of accreditation or approval. For purposes
of this chapter, the term "approved by the Bureau for Private
Postsecondary and Vocational Education" shall mean unconditional
approval existing at the time of the applicant's graduation from the
school, college, or university. In order to qualify for licensure
pursuant to this subdivision, any doctor's or master's degree program
shall be a single, integrated program primarily designed to train
marriage and family therapists and shall contain no less than 48
semester or 72 quarter units of instruction. The instruction shall
include no less than 12 semester units or 18 quarter units of
coursework in the areas of marriage, family, and child counseling,
and marital and family systems approaches to treatment.
The coursework shall include all of the following areas:
(1) The salient theories of a variety of psychotherapeutic
orientations directly related to marriage, family, and child
counseling, and marital and family systems approaches to treatment.
(2) Theories of marriage and family therapy and how they can be
utilized in order to intervene therapeutically with couples,
families, adults, children, and groups.
(3) Developmental issues and life events from infancy to old age
and their effect upon individuals, couples, and family relationships.
This may include coursework that focuses on specific family life
events and the psychological, psychotherapeutic, and health
implications that arise within couples and families, including, but
not limited to, childbirth, child rearing, childhood, adolescence,
adulthood, marriage, divorce, blended families, stepparenting, and
geropsychology.
(4) A variety of approaches to the treatment of children.
The board shall, by regulation, set forth the subjects of
instruction required in this subdivision.
(b) (1) In addition to the 12 semester or 18 quarter units of
coursework specified above, the doctor's or master's degree program
shall contain not less than six semester or nine quarter units of
supervised practicum in applied psychotherapeutic techniques,
assessment, diagnosis, prognosis, and treatment of premarital,
couple, family, and child relationships, including dysfunctions,
healthy functioning, health promotion, and illness prevention, in a
supervised clinical placement that provides supervised fieldwork
experience within the scope of practice of a marriage, family, and
child counselor.
(2) For applicants who enrolled in a degree program on or after
January 1, 1995, the practicum shall include a minimum of 150 hours
of face-to-face experience counseling individuals, couples, families,
or groups.
(3) (A) Supervised practicum hours, as specified in this
subdivision, shall be evaluated, accepted, and credited as hours for
trainee experience by the board.
(B) The practicum hours shall be considered as part of the 48
semester or 72 quarter unit requirement.
(c) As an alternative to meeting the qualifications specified in
subdivision (a), the board shall accept as equivalent degrees, those
master's or doctor's degrees granted by educational institutions
whose degree program is approved by the Commission on Accreditation
for Marriage and Family Therapy Education.
(d) All applicants shall, in addition, complete the coursework or
training specified in Section 4980.41.
(e) All applicants shall be at least 18 years of age.
(f) All applicants shall have at least two years' experience that
meets the requirements of this chapter in interpersonal
relationships, marriage, family, and child counseling and
psychotherapy under the supervision of a licensed marriage, family,
and child counselor, licensed clinical social worker, licensed
psychologist, or a licensed physician certified in psychiatry by the
American Board of Psychiatry and Neurology. Experience shall not be
gained under the supervision of an individual who has provided
therapeutic services to that applicant. For those supervisorial
relationships in effect on or before December 31, 1988, and which
remain in continuous effect thereafter, experience may be gained
under the supervision of a licensed physician who has completed a
residency in psychiatry. Any person supervising another person
pursuant to this subdivision shall have been licensed or certified
for at least two years prior to acting as a supervisor, shall have a
current and valid license that is not under suspension or probation,
and shall meet the requirements established by regulations.
(g) The applicant shall pass a written examination and an oral
examination conducted by the board or its designees.
(h) The applicant shall not have committed acts or crimes
constituting grounds for denial of licensure under Section 480. The
board shall not issue a registration or license to any person who has
been convicted of any crime in this or another state or in a
territory of the United States that involves sexual abuse of children
or who is required to register pursuant to Section 290 of the Penal
Code or the equivalent in another state or territory.
(i) (1) An applicant applying for intern registration who, prior
to December 31, 1987, met the qualifications for registration, but
who failed to apply or qualify for intern registration may be granted
an intern registration if the applicant meets all of the following
criteria:
(A) The applicant possesses a doctor's or master's degree in
marriage, family, and child counseling, marital and family therapy,
psychology, clinical psychology, counseling psychology, counseling
with an emphasis in marriage, family, and child counseling, or social
work with an emphasis in clinical social work obtained from a
school, college, or university currently conferring that degree that,
at the time the degree was conferred, was accredited by the Western
Association of Schools and Colleges, and where the degree conferred
was, at the time it was conferred, specifically intended to satisfy
the educational requirements for licensure by the Board of Behavioral
Sciences.
(B) The applicant's degree and the course content of the
instruction underlying that degree have been evaluated by the chief
academic officer of a school, college, or university accredited by
the Western Association of Schools and Colleges to determine the
extent to which the applicant's degree program satisfies the current
educational requirements for licensure, and the chief academic
officer certifies to the board the amount and type of instruction
needed to meet the current requirements.
(C) The applicant completes a plan of instruction that has been
approved by the board at a school, college, or university accredited
by the Western Association of Schools and Colleges that the chief
academic officer of the educational institution has, pursuant to
subparagraph (B), certified will meet the current educational
requirements when considered in conjunction with the original degree.
(2) A person applying under this subdivision shall be considered a
trainee, as that term is defined in Section 4980.03, once he or she
is enrolled to complete the additional coursework necessary to meet
the current educational requirements for licensure.
SEC. 37. Section 4980.44 of the Business and Professions Code is
amended to read:
4980.44. (a) An unlicensed marriage, family, and child counselor
intern employed under this chapter shall:
(1) Have earned at least a master's degree as specified in Section
4980.40.
(2) Be registered with the board prior to the intern performing
any duties, except as otherwise provided in subdivision (e) of
Section 4980.43.
(3) File for renewal of registration annually for a maximum of
five years after initial registration with the board. Renewal of
registration shall include filing an application for renewal, paying
a renewal fee of seventy-five dollars ($75), and notifying the board
whether he or she has been convicted, as defined in Section 490, of a
misdemeanor or felony, or whether any disciplinary action has been
taken by any regulatory or licensing board in this or any other
state, subsequent to the registrant's last renewal.
(4) Inform each client or patient prior to performing any
professional services that he or she is unlicensed and under the
supervision of a licensed marriage, family, and child counselor,
licensed clinical social worker, licensed psychologist, licensed
physician certified in psychiatry by the American Board of Psychiatry
and Neurology, or a licensed physician who has completed a residency
in psychiatry and who is described in subdivision (f) of Section
4980.40, whichever is applicable. Continued employment as an
unlicensed marriage, family, and child counselor intern shall cease
after six years unless the requirements of subdivision (b) are met.
No registration shall be renewed or reinstated beyond the six years
from initial issuance regardless of whether it has been revoked.
(b) When no further renewals are possible, either because the
applicant has exhausted the number of renewals available or because
of the repeal of Section 4980.44, as amended by Chapter 1114 of the
Statutes of 1991, an applicant may apply for and obtain new intern
registration status if the applicant meets the educational
requirements for registration in effect at the time of the
application for a new intern registration. An applicant who is
issued a subsequent intern registration pursuant to this subdivision
may be employed or volunteer in all allowable work settings except in
private practice, and shall fulfill all of the required hours of
experience for licensure within that intern registration period.
Hours of experience fulfilled under a prior intern registration shall
not be used to satisfy licensure requirements.
SEC. 38. Section 4980.50 of the Business and Professions Code is
amended to read:
4980.50. Every applicant who meets the educational and experience
requirements and applies for a license as a marriage, family, and
child counselor shall be examined by the board. The examinations
shall be as set forth in subdivision (g) of Section 4980.40. The
examinations shall be given at least twice a year at a time and place
and under supervision as the board may determine. The board shall
examine the candidate with regard to his or her knowledge and
professional skills and his or her judgment in the utilization of
appropriate techniques and methods.
The board shall not deny any applicant, who has submitted a
complete application for examination, admission to the licensure
examinations required by this section if the applicant meets the
educational and experience requirements of this chapter, and has not
committed any acts or engaged in any conduct which would constitute
grounds to deny licensure.
The board shall not deny any applicant, whose application for
licensure is complete, admission to the written examination, nor
shall the board postpone or delay any applicant's written examination
or delay informing the candidate of the results of any written
examination, solely upon the receipt by the board of a complaint
alleging acts or conduct which would constitute grounds to deny
licensure.
If an applicant for examination who has passed the written
examination is the subject of a complaint or is under board
investigation for acts or conduct that, if proven to be true, would
constitute grounds for the board to deny licensure, the board shall
permit the applicant to take the oral examination for licensure, but
may withhold the results of the examination or notify the applicant
that licensure will not be granted pending completion of the
investigation.
Notwithstanding Section 135, the board may deny any applicant who
has previously failed either the written or oral examination
permission to retake either examination pending completion of the
investigation of any complaints against the applicant. Nothing in
this section shall prohibit the board from denying an applicant
admission to any examination, withholding the results, or refusing to
issue a license to any applicant when an accusation or statement of
issues has been filed against the applicant pursuant to Sections
11503 and 11504 of the Government Code, respectively, or the
applicant has been denied in accordance with subdivision (b) of
Section 485.
Notwithstanding any other provision of law, the board may destroy
all written and oral examination materials two years following the
date of the examination.
On or after January 1, 2002, no applicant shall be eligible to
participate in an oral examination if his or her passing score on the
written examination occurred more than seven years before.
An applicant who has qualified pursuant to this chapter shall be
issued a license as a marriage, family, and child counselor in the
form that the board may deem appropriate.
SEC. 39. Section 4986.20 of the Business and Professions Code is
amended to read:
4986.20. A person who desires a license under this article shall
meet all of the following qualifications:
(a) He or she shall possess at least a master's degree in
psychology, educational psychology, school psychology, or counseling
and guidance, or a degree deemed equivalent by the board under
regulations duly adopted under this article. Such
This degree or training shall be obtained from
educational institutions approved by the board according to the
regulations duly adopted under this article.
(b) He or she shall be at least 18 years of age.
(c) He or she shall not have committed any acts or crimes
constituting grounds for denial of licensure under Section 480. The
board shall not issue a registration or license to any person who has
been convicted of any crime in this or any other state or in a
territory of the United States that involves sexual abuse of children
or who is required to register pursuant to Section 290 of the Penal
Code or the equivalent in another state or territory.
(d) He or she shall have successfully completed 60 semester hours
of postgraduate work devoted to pupil personnel services or have
experience deemed equivalent by the board in regulations duly adopted
under this chapter.
(e) He or she shall furnish proof of three years of full-time
experience as a credentialed school psychologist in the public
schools or experience which the board deems equivalent. If the
applicant provides proof of having completed one year's internship
working full time as a school psychologist intern in the public
schools in an accredited internship program, one year's experience
shall be credited toward this requirement.
(f) He or she shall be examined by the board with respect to the
professional functions authorized by this article.
(g) He or she shall have at least one year of supervised
professional experience in an accredited school psychology program,
or under the direction of a licensed psychologist, or such
a suitable alternative experience as determined
by the board in regulations duly adopted under this chapter.
SEC. 40. Section 4986.21 of the Business and Professions Code is
amended to read:
4986.21. (a) Only individuals who have the qualifications
prescribed by the board under this chapter are eligible to take the
examination. Every applicant who is issued a license as an
educational psychologist shall be examined by the board.
(b) Notwithstanding any other provision of law, the board may
destroy all written and oral examination materials two years
following the date of the examination.
On or after January 1, 2002, no applicant shall be eligible to
participate in an oral examination if his or her passing score on the
written examination occurred more than seven years before.
SEC. 41. Section 4986.47 of the Business and Professions Code is
amended to read:
4986.47. A licensee shall give written notice to the board of a
name change within 30 days after each change, providing both the old
and new names. A copy of the legal document affecting the name
change, such as a court order or marriage certificate, shall be
submitted with the notice.
SEC. 42. Section 4992.1 of the Business and Professions Code is
amended to read:
4992.1. (a) Only individuals who have the qualifications
prescribed by the board under this chapter are eligible to take the
examination.
Every applicant who is issued a clinical social worker license
shall be examined by the board.
(b) Notwithstanding any other provision of law, the board may
destroy all written and oral examination materials two years
following the date of the examination.
On or after January 1, 2002, no applicant shall be eligible to
participate in an oral examination if his or her passing score on the
written examination occurred more than seven years before.
SEC. 43. Section 4992.3 of the Business and Professions Code is
amended to read:
4992.3. The board may refuse to issue a registration or a
license, or may suspend or revoke the license or registration of any
registrant or licensee if the applicant, licensee, or registrant has
been guilty of unprofessional conduct. Unprofessional conduct
includes, but is not limited to:
(a) The conviction of a crime substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The board
may inquire into the circumstances surrounding the commission of the
crime in order to fix the degree of discipline or to determine if the
conviction is substantially related to the qualifications,
functions, or duties of a licensee or registrant under this chapter.
A plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter is a conviction within the meaning of this
section. The board may order any license or registration suspended
or revoked, or may decline to issue a license or registration when
the time for appeal has elapsed, or the judgment of conviction has
been affirmed on appeal, or, when an order granting probation is made
suspending the imposition of sentence, irrespective of a subsequent
order under Section 1203.4 of the Penal Code allowing the person to
withdraw a plea of guilty and enter a plea of not guilty, or setting
aside the verdict of guilty, or dismissing the accusation,
information, or indictment.
(b) Securing a license or registration by fraud, deceit, or
misrepresentation on any application for licensure or registration
submitted to the board, whether engaged in by an applicant for a
license or registration, or by a licensee in support of any
application for licensure or registration.
(c) Administering to himself or herself any controlled substance
or using of any of the dangerous drugs specified
in Section 4022 , or any alcoholic beverage to the
extent, or in a manner, as to be dangerous or injurious to the
person applying for a registration or license or holding a
registration or license under this chapter, or to any other person,
or to the public, or, to the extent that the use impairs the ability
of the person applying for or holding a registration or license to
conduct with safety to the public the practice authorized by the
registration or license, or the conviction of more than one
misdemeanor or any felony involving the use, consumption, or
self-administration of any of the substances referred to in this
subdivision, or any combination thereof. The board shall deny an
application for a registration or license or revoke the license or
registration of any person who uses or offers to use drugs in the
course of performing clinical social work. This provision does not
apply to any person also licensed as a physician and surgeon under
Chapter 5 (commencing with Section 2000) or the Osteopathic Act who
lawfully prescribes drugs to a patient under his or her care.
(d) Gross negligence or incompetence in the performance of
clinical social work.
(e) Violating, attempting to violate, or conspiring to violate
this chapter or any regulation adopted by the board.
(f) Misrepresentation as to the type or status of a license or
registration held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
For purposes of this subdivision, this misrepresentation includes,
but is not limited to, misrepresentation of the person's
qualifications as an adoption service provider pursuant to Section
8502 of the Family Code.
(g) Impersonation of another by any licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee, allowing any other person to use his or her license or
registration.
(h) Aiding or abetting any unlicensed or unregistered person to
engage in conduct for which a license or registration is required
under this chapter.
(i) Intentionally or recklessly causing physical or emotional harm
to any client.
(j) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
(k) Engaging in sexual relations with a client or with a former
client within two years from the termination date of therapy with the
client, soliciting sexual relations with a client, or committing an
act of sexual abuse, or sexual misconduct with a client, or
committing an act punishable as a sexually related crime, if that act
or solicitation is substantially related to the qualifications,
functions, or duties of a clinical social worker.
(l) Performing, or holding one's self out as being able to
perform, or offering to perform or permitting, any registered
associate clinical social worker or intern under supervision to
perform any professional services beyond the scope of the license
authorized by this chapter.
(m) Failure to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client which is obtained from tests or
other means.
(n) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
(o) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional counseling
services actually provided by the licensee. Nothing in this
subdivision shall prevent collaboration among two or more licensees
in a case or cases. However, no fee shall be charged for that
collaboration, except when disclosure of the fee has been made in
compliance with subdivision (n).
(p) Advertising in a manner which is false, misleading, or
deceptive.
(q) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device.
(r) Any conduct in the supervision of any registered associate
clinical social worker or intern by any licensee that violates this
chapter or any rules or regulations adopted by the board.
(s) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
SEC. 44. Section 4992.6 of the Business and Professions Code is
repealed.
SEC. 45. Section 4996.2 of the Business and Professions Code is
amended to read:
4996.2. Each applicant shall furnish evidence satisfactory to the
board that he or she complies with all of the following
requirements:
(a) Is at least 21 years of age.
(b) Has received a master's degree from an accredited school of
social work.
(c) Has had two years of supervised post-master's degree
experience, as specified in Section 4996.20, 4996.21, or 4996.23.
(d) Has not committed any crimes or acts constituting grounds for
denial of licensure under Section 480. The board shall not issue a
registration or license to any person who has been convicted of any
crime in this or another state or in a territory of the United States
that involves sexual abuse of children or who is required to
register pursuant to Section 290 of the Penal Code or the equivalent
in another state or territory.
(e) Has completed adequate instruction and training in the subject
of alcoholism and other chemical substance dependency. This
requirement applies only to applicants who matriculate on or after
January 1, 1986.
(f) Has completed instruction and training in spousal or partner
abuse assessment, detection, and intervention. Coursework required
under this subdivision may be satisfactory if taken either in
fulfillment of other educational requirements for licensure or in a
separate course. This requirement applies only to applicants who
begin graduate training on or after January 1, 1995. This
requirement for coursework in spousal or partner abuse detection and
treatment shall be satisfied by, and the board shall accept in
satisfaction of the requirement, a certification from the chief
academic officer of the educational institution from which the
applicant graduated that the required coursework is included within
the institution's required curriculum for graduation.
(g) Has completed a minimum of 10 contact hours of training or
coursework in human sexuality as specified in Section 1807 of Title
16 of the California Code of Regulations. This training or
coursework may be satisfactory if taken either in fulfillment of
other educational requirements for licensure or in a separate course.
(h) Has completed a minimum of seven contact hours of training or
coursework in child abuse assessment and reporting as specified in
Section 1807.2 of Title 16 of the California Code of Regulations.
This training or coursework may be satisfactory if taken either in
fulfillment of other educational requirements for licensure or in a
separate course.
SEC. 46. Section 4996.18 of the Business and Professions Code is
amended to read:
4996.18. (a) Any person who wishes to be credited with experience
toward licensure requirements shall register with the board as an
associate clinical social worker prior to obtaining that experience.
The application shall be made on a form prescribed by the board and
shall be accompanied by a fee of ninety dollars ($90). An applicant
for registration shall (1) possess a master's degree from an
accredited school or department of social work, and (2) not have
committed any crimes or acts constituting grounds for denial of
licensure under Section 480. On and after January 1, 1993, an
applicant who possesses a master's degree from a school or department
of social work that is a candidate for accreditation by the
Commission on Accreditation of the Council on Social Work Education
shall be eligible, and shall be required, to register as an associate
clinical social worker in order to gain experience toward licensure
if the applicant has not committed any crimes or acts that constitute
grounds for denial of licensure under Section 480. That applicant
shall not, however, be eligible for examination until the school or
department of social work has received accreditation by the
Commission on Accreditation of the Council on Social Work Education.
(b) Registration as an associate clinical social worker shall
expire one year from the last day of the month during which it was
issued. A registration may be renewed annually after initial
registration by filing on or before the date on which the
registration expires, an application for renewal, paying a
renewal fee of seventy-five dollars ($75), and notifying the board
whether he or she has been convicted, as defined in Section 490, of a
misdemeanor or felony, or and whether
any disciplinary action has been taken by any regulatory or licensing
board in this or any other state, subsequent to the registrant's
last renewal on or before the date on which the registration
expires . Each person who registers or has registered as
an associate clinical social worker, may retain that status for a
total of six years.
(c) Notwithstanding the limitations on the length of an associate
registration in subdivision (b), an associate may apply for, and the
board shall grant, one-year extensions beyond the six-year period
when no grounds exist for denial, suspension, or revocation of the
registration pursuant to Section 480. An associate shall be eligible
to receive a maximum of three one-year extensions. An associate who
practices pursuant to an extension shall not practice independently
and shall comply with all requirements of this chapter governing
experience, including supervision, even if the associate has
completed the hours of experience required for licensure. Each
extension shall commence on the date when the last associate renewal
or extension expires. An application for extension shall be made on
a form prescribed by the board and shall be accompanied by a renewal
fee of fifty dollars ($50). An associate who is granted this
extension may work in all work settings authorized pursuant to this
chapter.
(d) A registrant shall not provide clinical social work services
to the public for a fee, monetary or otherwise, except as an
employee.
(e) A registrant shall inform each client or patient prior to
performing any professional services that he or she is unlicensed and
is under the supervision of a licensed professional.
(f) Any experience obtained under the supervision of a spouse or
relative by blood or marriage shall not be credited toward the
required hours of supervised experience. Any experience obtained
under the supervision of a supervisor with whom the applicant has a
personal relationship that undermines the authority or effectiveness
of the supervision shall not be credited toward the required hours of
supervised experience.
(g) An applicant who possesses a master's degree from an approved
school or department of social work shall be able to apply experience
the applicant obtained during the time the approved school or
department was in candidacy status by the Commission on Accreditation
of the Council on Social Work Education toward the licensure
requirements, if the experience meets the requirements of Section
4996.20 or 4996.21. This subdivision shall apply retroactively to
persons who possess a master's degree from an approved school or
department of social work and who obtained experience during the time
the approved school or department was in candidacy status by the
Commission on Accreditation of the Council on Social Work Education.
SEC. 47. Section 4996.21 of the Business and Professions Code is
amended to read:
4996.21. The experience required by subdivision (c) of Section
4996.2 shall meet the following criteria:
(a) On or after January 1, 1999, a registrant shall have at least
3,200 hours of post-master's degree experience, supervised by a
licensed clinical social worker, in providing clinical social work
services as permitted by Section 4996.9. Experience shall consist of
the following:
(1) A minimum of 2,000 hours in psychosocial diagnosis,
assessment, and treatment, including psychotherapy and counseling.
(2) A maximum of 1,200 hours in client-centered advocacy,
consultation, evaluation, and research.
(3) Experience shall have been gained in not less than two nor
more than six years and shall have been gained within the six years
immediately preceding the date on which the application for licensure
was filed.
(b) Notwithstanding the requirements of subdivision (a), up to
1,000 hours of the required experience may be gained under the
supervision of a licensed mental health professional acceptable to
the board.
(1) Supervision means responsibility for and control of the
quality of clinical social work services being provided.
(2) Consultation shall not be considered to be supervision.
(3) Supervision shall include at least one hour of direct
supervisor contact for each week of experience claimed and shall
include at least one hour of direct supervisor contact for every 10
hours of client contact in each setting where experience is gained.
Not less than one-half of the hours of required supervision shall be
individual supervision. The remaining hours may be group
supervision. For purposes of this section, "one hour of direct
supervisor contact" means one hour of face-to-face contact on an
individual basis or two hours of face-to-face contact in a group
setting of not more than eight persons.
(4) The supervisor and the supervisee shall develop a supervisory
plan that describes the goals and objectives of supervision. These
goals shall include the ongoing assessment of strengths and
limitations and the assurance of practice in accordance with the laws
and regulations. The associate shall submit to the board the
initial supervisory plan within 30 days of commencement of
supervision.
(c) A "private practice setting" is any setting other than a
governmental entity, a school, college, or university, a nonprofit
and charitable corporation, a licensed health facility, as defined in
Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code, a
social rehabilitation facility or a community treatment facility, as
defined in subdivision (a) of Section 1502 of the Health and Safety
Code, a pediatric day health and respite care facility, as defined in
Section 1760.2 of the Health and Safety Code, or a licensed
alcoholism or drug abuse recovery or treatment facility, as defined
in Section 11834.02 of the Health and Safety Code.
(1) In a setting that is not a private practice, a registrant
shall be employed on either a voluntary or paid basis.
(2) If volunteering, the registrant shall provide the board with a
letter from his or her employer verifying his or her voluntary
status upon application for licensure.
(3) If employed, the registrant shall provide the board with
copies of his or her W-2 tax forms for each year of experience
claimed upon application for licensure.
(d) Employment in a private practice setting shall not commence
until the applicant has been registered as an associate clinical
social worker. A registrant employed in a private practice setting
shall not do any of the following:
(1) Pay his or her employer or supervisor for supervision, and
shall receive fair remuneration from his or her employer.
(2) Receive any remuneration from patients or clients and shall
only be paid by his or her employer.
(3) Perform services at any place except where the registrant's
employer regularly conducts business.
(4) Have any proprietary interest in the employer's business.
(e) A person employed in a setting other than a private practice
setting may obtain supervision from a person not employed by the
registrant's employer if that person has signed a written agreement
with the employer to take supervisory responsibility for the
registrant's social work services.
SEC. 48. Section 4996.23 is added to the Business and Professions
Code, to read:
4996.23. The experience required by subdivision (c) of Section
4996.2 shall meet the following criteria:
(a) All persons registered with the board on and after January 1,
2002, shall have at least 3,200 hours of post-master's degree
supervised experience providing clinical social work services as
permitted by Section 4996.9. This degree of experience shall consist
of the following:
(1) A minimum of 2,000 hours in clinical psychosocial diagnosis,
assessment, and treatment, including psychotherapy and counseling.
(2) A maximum of 1,200 hours in client-centered advocacy,
consultation, evaluation, and research.
(3) Of the 2,000 clinical hours required in paragraph (1), no less
than 750 hours shall be face-to-face individual or group
psychotherapy provided to clients in the context of clinical social
work services.
(4) A minimum of two years of supervised experience is required to
be obtained over a period of not less than 104 weeks and shall have
been gained within the six years immediately preceding the date on
which the application for licensure was filed.
(b) Of the 3,200 hours of supervised experience required in
subdivision (a), 2,200 hours shall be gained under the supervision of
a licensed clinical social worker. The remaining 1,000 hours of the
required supervised experience may be gained under the supervision
of a licensed mental health professional acceptable to the board.
(c) Experience shall not be credited for more than 40 hours in any
week.
(d) "Supervision" means responsibility for, and control of, the
quality of clinical social work services being provided.
(1) consultation Consultation shall
not be considered to be supervision.
(2) Prior to the commencement of supervision, a supervisor shall
comply with all requirements enumerated in Section 1870 of Title
16 of the California Code of Regulations and shall sign under
penalty of perjury the "Responsibility Statement for Supervisors of
an Associate Clinical Social Worker" form.
(3) Supervised experience shall include at least one hour of
direct supervisor contact for each week of experience claimed. A
registrant shall receive an average of at least one hour of direct
supervisor contact for every 10 hours of face-to-face psychotherapy
performed in each setting in which experience is gained. No more
than five hours of supervision, whether individual or group, shall be
credited during any single week. Of the 3,200 hours of supervised
experience required in subdivision (a), 1,600 hours must be
individual supervision. The remaining hours may be group
supervision. For purposes of this section, "one hour of direct
supervisor contact" means one hour of face-to-face contact on an
individual basis or two hours of face-to-face contact in a group of
not more than eight persons receiving supervision.
(4) The supervisor and the supervisee shall develop a supervisory
plan that describes the goals and objectives of supervision. These
goals shall include the ongoing assessment of strengths and
limitations and the assurance of practice in accordance with the laws
and regulations. The associate shall submit to the board the
initial supervisory plan within 30 days of commencement of
supervision.
(c)
(e) Acceptable settings for gaining experience are private
practice, a governmental entity, a school, college, or
university, a nonprofit and charitable corporation, a licensed health
facility, as defined in Sections 1250, 1250.2, and 1250.3 of the
Health and Safety Code, a social rehabilitation facility or a
community treatment care facility, as
defined in subdivision (a) of Section 1502 of the Health and Safety
Code, a pediatric day health and respite care facility, as defined in
Section 1760.2 of he the Health and
Safety Code, or a licensed alcoholism or drug abuse recovery or
treatment facility, as defined in Section 11834.02 of the Health and
Safety Code, that meet the following criteria:
Code.
(1) In a setting that is not a private practice, a registrant
shall be employed on either a voluntary or paid basis.
(2) If volunteering, the registrant shall provide the board with a
letter from his or her employer verifying his or her voluntary
status upon application for licensure.
(3) If employed, the registrant shall provide the board with
copies of his or her W-2 tax forms for each year of experience
claimed upon application for licensure.
(f) Employment in private a a private
practice setting shall not commence until the applicant has
been registered as an associate clinical social worker. A registrant
employed in a private practice setting shall not do any of the
following:
(1) Pay his or her employer or supervisor for supervision, and
shall receive fair remuneration from his or her employer.
(2) Receive any remuneration from patients or clients and shall
only be paid by his or her employer.
(3) Perform services at any place except where the registrant's
employer and supervisor regularly conduct business.
(4) Have any proprietary interest in the employer's business.
(g) A person employed in a setting other than a private practice
setting may obtain supervision from a person not employed by the
registrant's employer if that person has signed a written agreement
with the employer to take supervisory responsibility for the
registrant's social work services.
(h) Notwithstanding any other provision of law, registrants and
applicants for examination shall receive a minimum of one hour of
supervision per week for each setting in which he or she is working.
SEC. 49. Section 4999.2 of the Business and Professions Code is
amended to read:
4999.2. (a) In order to obtain and maintain a registration,
in-state or out-of-state telephone medical advice services shall
comply with the requirements established by the department. Those
requirements shall include, but shall not be limited to, all of the
following:
(1) (A) Ensuring that all staff who provide medical advice
services are appropriately licensed, certified, or registered as a
physician and surgeon pursuant to Chapter 5 (commencing with Section
2000) or the Osteopathic Initiative Act, as a dentist pursuant to
Chapter 4 (commencing with Section 1600), as a dental hygienist
pursuant to Section 1758 et seq., as a psychologist pursuant to
Chapter 6.6 (commencing with Section 2900), as a marriage, family and
child counselor pursuant to Chapter 13 (commencing with Section
4980), as an optometrist pursuant to Chapter 7 (commencing with
Section 3000), as a chiropractor pursuant to the Chiropractic
Initiative Act, and operating consistent with the laws governing
their respective scopes of practice in the state within which they
provide telephone medical advice services, except as provided in
paragraph (2).
(B) Ensuring that all staff who provide telephone medical advice
services from an out-of-state location are health care professionals
as identified in subparagraph (A) that are licensed, registered, or
certified in the state within which they are providing the telephone
medical advice services and operating consistent with the laws
governing their respective scopes of practice.
(2) Ensuring that all registered nurses providing telephone
medical advice services to both in-state and out-of-state business
entities registered pursuant to this chapter shall be licensed
pursuant to Chapter 6 (commencing with Section 2700).
(3) Ensuring that the telephone medical advice provided is
consistent with good professional practice.
(4) Maintaining records of telephone medical advice services,
including records of complaints, provided to patients in California
for a period of at least five years.
(5) Complying with all directions and requests for information
made by the department.
(b) To the extent permitted by Article VII of the California
Constitution, the department may contract with a private nonprofit
accrediting agency to evaluate the qualifications of applicants for
registration pursuant to this chapter, and to make recommendations to
the department.
SEC. 50. Section 4999.7 of the Business and Professions Code is
amended to read:
4999.7. (a) Nothing in this section shall limit, preclude, or
otherwise interfere with the practices of other persons licensed or
otherwise authorized to practice, under any other provision of this
division, telephone medical advice services consistent with the laws
governing their respective scopes of practice, or licensed under the
Osteopathic Initiative Act or the Chiropractic Initiative Act and
operating consistent with the laws governing their respective scopes
of practice.
(b) For the purposes of this chapter, "telephone medical advice"
means a telephonic communication between a patient and a health care
professional, wherein the health care professional's primary function
is to provide to the patient a telephonic response to the patient's
questions regarding his or her or a family member's medical care or
treatment.
(c) For the purposes of this chapter, "health care professional"
is a staff person described in Section 4999.2 who provides medical
advice services and is appropriately licensed, certified, or
registered as a registered nurse pursuant to Chapter 6 (commencing
with Section 2700), a physician and surgeon pursuant to Chapter 5
(commencing with Section 2000) or the Osteopathic Initiative Act, a
dentist pursuant to Chapter 4 (commencing with Section 1600), a
dental hygienist pursuant to Section 1758 et seq., a psychologist
pursuant to Chapter 6.6 (commencing with Section 2900), a marriage
and family therapist pursuant to Chapter 13 (commencing with Section
4980), an optometrist pursuant to Chapter 7 (commencing with Section
3000), a chiropractor pursuant to the Chiropractic Initiative Act,
and who is operating consistent with the laws governing his or her
respective scopes of practice in the state in which he or she
provides telephone medical advice services.
SEC. 51. Section 5536.26 is added to the Business and Professions
Code, to read:
5536.26. The use of the words "certify" or "certification" by a
licensed architect in the practice of architecture constitutes an
expression of professional opinion regarding those facts or findings
that are the subject of the certification, and does not constitute a
warranty or guarantee, either expressed or implied. Nothing in this
section is intended to alter the standard of care ordinarily
exercised by a licensed architect.
SEC. 52. Section 7006 of the Business and Professions Code is
amended to read:
7006. The board shall meet at least once each calendar quarter
for the purpose of transacting business as may properly come before
it.
Special meetings of the board may be held at times as the board
may provide in its bylaws. Four members of the board may call a
special meeting at any time.
SEC. 53. Section 7026 of the Business and Professions Code is
amended to read:
7026. "Contractor," for the purposes of this chapter, is
synonymous with "builder" and, within the meaning of this chapter, a
contractor is any person who undertakes to or offers to undertake to,
or purports to have the capacity to undertake to, or submits a bid
to, or does himself or herself or by or through others, construct,
alter, repair, add to, subtract from, improve, move, wreck or
demolish any building, highway, road, parking facility, railroad,
excavation or other structure, project, development or improvement,
or to do any part thereof, including the erection of scaffolding or
other structures or works in connection therewith, or the cleaning of
grounds or structures in connection therewith, or the preparation
and removal of roadway construction zones, lane closures, flagging,
or traffic diversions, or the installation, repair, maintenance, or
calibration of monitoring equipment for underground storage tanks,
and whether or not the performance of work herein described involves
the addition to, or fabrication into, any structure, project,
development or improvement herein described of any material or
article of merchandise. "Contractor" includes subcontractor and
specialty contractor. "Roadway" includes, but is not limited to,
public or city streets, highways, or any public conveyance.
SEC. 54. Section 7027.3 of the Business and Professions Code is
amended to read:
7027.3. Any person, licensed or unlicensed, who willfully and
intentionally uses, with intent to defraud, a contractor's license
number that does not correspond to the number on a currently valid
contractor's license held by that person, is punishable by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in
state prison, or in county jail for not more than one year, or by
both the that fine and imprisonment.
The penalty provided by this section is cumulative to the penalties
available under all other laws of this state. If, upon
investigation, the registrar has probable cause to believe that an
unlicensed individual is in violation of this section, the registrar
may issue a citation pursuant to Section 7028.7.
SEC. 55. Section 7028.7 of the Business and Professions Code is
amended to read:
7028.7. If upon inspection or investigation, either upon
complaint or otherwise, the registrar has probable cause to believe
that a person is acting in the capacity of or engaging in the
business of a contractor or salesperson within this state without
having a license or registration in good standing to so act or
engage, and the person is not otherwise exempted from this chapter,
the registrar shall issue a citation to that person. Within 72 hours
of receiving notice that a public entity is intending to award, or
has awarded, a contract to an unlicensed contractor, the registrar
shall give written notice to the public entity that a citation may be
issued if a contract is awarded to an unlicensed contractor. If
after receiving the written notice from the registrar that
the public entity has awarded or awards the contract to an
unlicensed contractor, the registrar may issue a citation to the
responsible officer or employee of the public entity as specified in
Section 7028.15. Each citation shall be in writing and shall describe
with particularity the basis of the citation. Each citation shall
contain an order of abatement and an assessment of a civil penalty in
an amount not less than two hundred dollars ($200) nor more than
fifteen thousand dollars ($15,000). With the approval of the
Contractors' State License Board , the registrar shall
prescribe procedures for the issuance of a citation under this
section. The Contractors' State License Board shall adopt
regulations covering the assessment of a civil penalty that shall
give due consideration to the gravity of the violation, and any
history of previous violations. The sanctions authorized under this
section shall be separate from, and in addition to, all other
remedies either civil or criminal.
SEC. 56. Section 7028.13 of the Business and Professions Code is
amended to read:
7028.13. (a) After the exhaustion of the review procedures
provided for in Sections 7028.10 to 7028.12, inclusive, the registrar
may apply to the appropriate
superior court for a judgment in the amount of the civil
penalty and an order compelling the cited person to comply with the
order of abatement. The application, which shall include a certified
copy of the final order of the registrar, shall constitute a
sufficient showing to warrant the issuance of the judgment and order.
If the cited person did not appeal the citation, a certified copy
of the citation and proof of service, and a certification that the
person cited is not or was not a licensed contractor or applicant for
a license at the time of issuance of the citation, shall constitute
a sufficient showing to warrant the issuance of the judgment and
order.
(b) Notwithstanding any other provision of law, the registrar may
delegate the collection of the civil penalty for any citation issued
to any person or entity legally authorized to engage in collections.
Costs of collection shall be borne by the person cited. The
registrar shall not delegate the authority to enforce the order of
abatement.
(c) Notwithstanding any other provision of law, the registrar
shall have the authority to assign the rights to the civil penalty,
or a portion thereof, for adequate consideration. The assignee and
the registrar shall have all the rights afforded under the ordinary
laws of assignment of rights and delegation of duties. The registrar
shall not assign the order of abatement. The assignee may apply to
the appropriate superior court for a judgment based upon the assigned
rights upon the same evidentiary showing as set forth in subdivision
(a).
(d) Notwithstanding any other provision of law, including
subdivisions (1) and (2) of Section 340 of the Code of Civil
Procedure, the registrar or his or her designee or assignee shall
have four years from the date of the final order to collect civil
penalties except that the registrar or his or her designee or
assignee shall have 10 years from the date of the judgment to enforce
civil penalties on citations that have been converted to judgments
through the process described in subdivisions (a) and (c).
SEC. 57. Section 7059.1 of the Business and Professions Code is
amended to read:
7059.1. (a) A licensee shall not use any business name that
indicates the licensee is qualified to perform work in
classifications other than those issued for that license, or any
business name that is incompatible with the type of business entity
licensed.
(b) A licensee shall not conduct business under more than one name
for each license. Nothing in this section shall prevent a licensee
from obtaining a business name change as otherwise provided by this
chapter.
SEC. 58. Section 7071.11 of the Business and Professions Code is
amended to read:
7071.11. (a) A copy of the complaint in a civil action commenced
by a person claiming against a bond required by this article shall be
served by registered or certified mail upon the registrar by the
clerk of the court at the time the action is commenced and the
registrar shall maintain a record, available for public inspection,
of all actions so commenced. The aggregate liability of a surety on
a claim for wages and fringe benefits brought against any bond
required by this article, other than a bond required by Section
7071.8, shall not exceed the sum of four thousand dollars ($4,000).
If any bond which may be required is insufficient to pay all claims
in full, the sum of the bond shall be distributed to all claimants in
proportion to the amount of their respective claims. Any action,
other than an action to recover wages or fringe benefits, against a
contractor's bond or a bond of a qualifying individual filed by an
active licensee shall be brought within two years after the
expiration of the license period during which the act or omission
occurred, or within two years of the date the license of the active
licensee was inactivated, canceled, or revoked by the board,
whichever first occurs. Any action, other than an action to recover
wages or fringe benefits, against a disciplinary bond filed by an
active licensee pursuant to Section 7071.8 shall be brought within
two years after the expiration of the license period during which the
act or omission occurred, or within two years of the date the
license of the active licensee was inactivated, canceled, or revoked
by the board, or within two years after the last date for which a
disciplinary bond filed pursuant to Section 7071.8 was required,
whichever date is first. A claim to recover wages or fringe benefits
shall be brought within six months from the date that the wage or
fringe benefit delinquencies were discovered, but in no event shall a
civil action thereon be brought later than two years from the date
the wage or fringe benefit contributions were due.
(b) When the surety makes payment on any claim against a bond
required by this article, whether or not payment is made through a
court action or otherwise, the surety shall, within 30 days of the
payment, notify the registrar. The notice shall contain, on a form
prescribed by the registrar, the name and license number of the
contractor, the surety bond number, the amount of payment, the
statutory basis upon which the claim is made, and the names of the
person or persons to whom payments are made.
(c) Any judgment or admitted claim against, or good faith payment
from, a bond required by this article shall constitute grounds for
disciplinary action against the licensee, except in those cases of
good faith payment where the licensee has, in writing, timely
instructed the surety not to make payment from the bond on his or her
account, upon the specific grounds that (1) the claim is opposed by
the licensee, and (2) the licensee has, in writing, previously
directed to the surety a specific and reasonable basis for his or her
opposition to payment. The license may not be reissued or
reinstated while any judgment or admitted claim in excess of the
amount of the bond remains unsatisfied. Further, the license may not
be reissued or reinstated while any surety remains unreimbursed for
loss and expense sustained on any bond issued for the licensee or for
any entity of which any officer, director, member, partner, or
qualifying person was an officer, director, member, partner, or
qualifying person of the licensee while the licensee was subject to
disciplinary action under this section. The board shall require the
licensee to file a new bond in an amount as required pursuant to
Section 7071.8.
(d) Legal fees may not be charged against the bond by the board.
(e) In any case in which a claim is filed against a deposit given
in lieu of a bond by any employee or by an employee organization on
behalf of an employee, concerning wages or fringe benefits based upon
the employee's employment, claims for the nonpayment shall be filed
with the Labor Commissioner. The Labor Commissioner shall, pursuant
to the authority vested by Section 96.5 of the Labor Code, conduct
hearings to determine whether or not the wages or fringe benefits
should be paid to the complainant. Upon a finding by the
commissioner that the wages or fringe benefits should be paid to the
complainant, the commissioner shall notify the registrar of the
findings. The registrar shall not make payment from the deposit on
the basis of findings by the commissioner for a period of 10 days
following determination of the findings. If, within the period, the
complainant or the contractor files written notice with the registrar
and the commissioner of an intention to seek judicial review of the
findings pursuant to Section 11523 of the Government Code, the
registrar shall not make payment, if an action is actually filed,
except as determined by the court. If, thereafter, no action is
filed within 60 days following determination of findings by the
commissioner, the registrar shall make payment from the deposit to
the complainant.
(f) Any action, other than an action to recover wages or fringe
benefits, against a deposit given in lieu of a contractor's bond or
bond of a qualifying individual filed by an active licensee shall be
brought within three years after the expiration of the license period
during which the act or omission occurred, or within three years
after the date the license was inactivated, canceled, or revoked by
the board, whichever first occurs. Any action, other than an action
to recover wages or fringe benefits, against a deposit given in lieu
of a disciplinary bond filed by an active licensee pursuant to
Section 7071.8 shall be brought within three years after the
expiration of the license period during which the act or omission
occurred, or within three years of the date the license of the active
licensee was inactivated, canceled, or revoked by the board, or
within three years after the last date for which a deposit given in
lieu of a disciplinary bond filed pursuant to Section 7071.8 was
required, whichever date is first. If the board is notified of a
complaint relative to a claim against the deposit, the deposit shall
not be released until the complaint has been adjudicated.
SEC. 59. Section 7074 of the Business and Professions Code is
amended to read:
7074. (a) Except as otherwise provided by this section, an
application for an original license, for an additional classification
or for a change of qualifier shall become void when:
(1) The applicant or examinee for the applicant has failed to
appear for the scheduled qualifying examination and fails to request
and pay the fee for rescheduling within 90 days of notification of
failure to appear, or, after being rescheduled, has failed to appear
for a second examination.
(2) The applicant or the examinee for the applicant has failed to
achieve a passing grade in the scheduled qualifying examination, and
fails to request and pay the fee for rescheduling within 90 days of
notification of failure to pass the examination.
(3) The applicant or the examinee for the applicant has failed to
achieve a passing grade in the qualifying examination within 18
months after the application has been deemed acceptable by the board.
(4) The applicant for an original license, after having been
notified to do so, fails to pay the initial license fee within 90
days from the date of the notice.
(5) The applicant, after having been notified to do so, fails to
file within 90 days from the date of the notice any bond or cash
deposit or other documents that may be required for issuance or
granting pursuant to this chapter.
(6) After filing, the applicant withdraws the application.
(7) The applicant fails to return the application rejected by the
board for insufficiency or incompleteness within 90 days from the
date of original notice or rejection.
(8) The application is denied after disciplinary proceedings
conducted in accordance with the provisions of this code.
(b) The void date on an application may be extended up to 90 days
or one examination may be rescheduled without a fee upon documented
evidence by the applicant that the failure to complete the
application process or to appear for an examination was due to a
medical emergency or other circumstance beyond the control of the
applicant.
(c) An application voided pursuant to the provisions of this
section shall remain in the possession of the registrar for the
period as he or she deems necessary and shall not be returned to the
applicant. Any reapplication for a license shall be accompanied by
the fee fixed by this chapter.
SEC. 60. Section 7091 of the Business and Professions Code is
amended to read:
7091. (a) A complaint against a licensee alleging commission of
any patent acts or omissions that may be grounds for legal action
shall be filed in writing with the registrar within four years after
the act or omission alleged as the ground for the disciplinary
action. An accusation or citation against a licensee shall be filed
within four years after the patent act or omission alleged as the
ground for disciplinary action or within 18 months from the date of
the filing of the complaint with the registrar, whichever is later,
except that with respect to an accusation alleging a violation of
Section 7112, the accusation may be filed within two years after the
discovery by the registrar or by the board of the alleged facts
constituting the fraud or misrepresentation prohibited by the
section.
(b) A complaint against a licensee alleging commission of any
latent acts or omissions that may be grounds for legal action
pursuant to subdivision (a) of Section 7109 regarding structural
defects, as defined by regulation, shall be filed in writing with the
registrar within 10 years after the act or omission alleged as the
ground for the disciplinary action. An accusation and citation
against a licensee shall be filed within 10 years after the latent
act or omission alleged as the ground for disciplinary action or
within 18 months from the date of the filing of the complaint with
the registrar, whichever is later, except that with respect to an
accusation alleging a violation of Section 7112, the accusation may
be filed within two years after the discovery by the registrar or by
the board of the alleged facts constituting the fraud or
misrepresentation prohibited by Section 7112. As used in this
section "latent act or omission" means an act or omission that is not
apparent by reasonable inspection.
(c) An accusation regarding an alleged breach of an express,
written warranty for a period in excess of the time periods specified
in subdivisions (a) and (b) issued by the contractor shall be filed
within the duration of that warranty.
(d) The proceedings under this article shall be conducted in
accordance with the provisions of Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the registrar shall have all the powers granted therein.
(e) Nothing in this section shall be construed to affect the
liability of a surety or the period of limitations prescribed by law
for the commencement of actions against a surety or cash deposit.
SEC. 61. Section 7112 of the Business and Professions Code is
amended to read:
7112. Omission or misrepresentation of a material fact by an
applicant or a licensee in obtaining, or renewing a license, or in
adding a classification to an existing license constitutes a cause
for disciplinary action.
SEC. 62. Section 7112.1 is added to the Business and Professions
Code, to read:
7112.1. Any classification that has been added to an existing
license record as a result of an applicant or licensee omitting or
misrepresenting a material fact shall be expunged from the license
record pursuant to a final order of the registrar evidencing a
violation of Section 7112.
SEC. 63. Section 7153 of the Business and Professions Code is
amended to read:
7153. (a) It is a misdemeanor for any person to engage in the
occupation of salesperson for one or more home improvement
contractors within this state without having a registration issued by
the registrar for each of the home improvement contractors by whom
he or she is employed as a home improvement salesperson. If, upon
investigation, the registrar has probable cause to believe that a
salesperson is in violation of this section, the registrar may issue
a citation pursuant to Section 7028.7.
It is a misdemeanor for any person to engage in the occupation of
salesperson of home improvement goods or services within this state
without having a registration issued by the registrar.
(b) Any security interest taken by a contractor, to secure any
payment for the performance of any act or conduct described in
Section 7151 that occurs on or after January 1, 1995, is
unenforceable if the person soliciting the act or contract was not a
duly registered salesperson or was not exempt from registration
pursuant to Section 7152 at the time the homeowner signs the home
improvement contract solicited by the salesperson.
SEC. 64. Section 17910.5 of the Business and Professions Code is
amended to read:
17910.5. (a) No person shall adopt any fictitious business name
which includes "Corporation," "Corp.," "Incorporated," or "Inc."
unless that person is a corporation organized pursuant to the laws of
this state or some other jurisdiction.
(b) No person shall adopt any fictitious business name that
includes "Limited Liability Company" or "LLC" or "LC" unless that
person is a limited liability company organized pursuant to the laws
of this state or some other jurisdiction. A person is not prohibited
from using the complete words "Limited" or "Company" or their
abbreviations in the person's business name as long as that use does
not imply that the person is a limited liability company.
(c) A county clerk shall not accept a fictitious business name
statement which would be in violation of this section.
SEC. 65. Section 17913 of the Business and Professions Code is
amended to read:
17913. (a) The fictitious business name statement shall contain
all of the information required by this subdivision and shall be
substantially in the following form:
FICTITIOUS BUSINESS NAME STATEMENT
The following person (persons) is (are) doing business as
* _______________________________________________________
at ** _________________________________________________:
*** ________________________________________
________________________________________
________________________________________
________________________________________
This business is conducted by ****_____________________
The registrant commenced to transact business under the
fictitious business name or names listed above on
***** ______________________________________
I declare that all information in this statement is true and
correct. (A registrant who declares as true information which he
or she knows to be false is guilty of a crime.)
Signed _______________________________
Statement filed with the County Clerk of _____ County on
______
NOTICE--THIS FICTITIOUS NAME STATEMENT EXPIRES FIVE YEARS FROM THE
DATE IT WAS FILED IN THE OFFICE OF THE COUNTY CLERK. A NEW
FICTITIOUS BUSINESS NAME STATEMENT MUST BE FILED BEFORE THAT TIME.
THE FILING OF THIS STATEMENT DOES NOT OF ITSELF AUTHORIZE THE USE IN
THIS STATE OF A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE RIGHTS
OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE SECTION 14411 ET
SEQ., BUSINESS AND PROFESSIONS CODE).
(b) The statement shall contain the following information set
forth in the manner indicated in the form provided by subdivision
(a):
(1) Where the asterisk (*) appears in the form, insert the
fictitious business name or names. Only those businesses operated at
the same address may be listed on one statement.
(2) Where the two asterisks (**) appear in the form: If the
registrant has a place of business in this state, insert the street
address of his or her principal place of business in this state. If
the registrant has no place of business in this state, insert the
street address of his or her principal place of business outside this
state.
(3) Where the three asterisks (***) appear in the form: If the
registrant is an individual, insert his or her full name and
residence address. If the registrant is a partnership or other
association of persons, insert the full name and residence address of
each general partner. If the registrant is a limited liability
company, insert the name of the limited liability company as set out
in its articles of organization and the state of organization. If
the registrant is a business trust, insert the full name and address
of each trustee. If the registrant is a corporation, insert the name
of the corporation as set out in its articles of incorporation and
the state of incorporation.
(4) Where the four asterisks (****) appear in the form, insert
whichever of the following best describes the nature of the business:
(i) "an individual," (ii) "a general partnership," (iii) "a limited
partnership," (iv) "a limited liability company," (v) "an
unincorporated association other than a partnership," (vi) "a
corporation," (vii) "a business trust," (viii) "copartners," (ix)
"husband and wife," (x) "joint venture," or (xi) "other--please
specify."
(5) Where the five asterisks (*****) appear in the form, insert
the date on which the registrant first commenced to transact business
under the fictitious business name or names listed, if already
transacting business under that name or names. If the registrant has
not yet commenced to transact business under the fictitious business
name or names listed, insert the statement, "Not applicable."
(c) The registrant shall declare that all of the information in
the statement is true and correct. A registrant who declares as true
any material matter pursuant to this section which he or she knows
to be false is guilty of a misdemeanor.
SEC. 66. Section 17917 of the Business and Professions Code is
amended to read:
17917. (a) Within 30 days after a fictitious business name
statement has been filed pursuant to this chapter, the registrant
shall cause a statement in the form prescribed by subdivision (a) of
Section 17913 to be published pursuant to Government Code Section
6064 in a newspaper of general circulation in the county in which the
principal place of business of the registrant is located or, if
there is no such newspaper in that county, then in a newspaper of
general circulation in an adjoining county. If the registrant does
not have a place of business in this state, the notice shall be
published in a newspaper of general circulation in Sacramento County.
(b) Subject to the requirements of subdivision (a), the newspaper
selected for the publication of the statement should be one that
circulates in the area where the business is to be conducted.
(c) If a refiling is required because the prior statement has
expired, the refiling need not be published unless there has been a
change in the information required in the expired statement, provided
the refiling is filed within 40 days of the date the statement
expired.
(d) An affidavit showing the publication of the statement shall be
filed with the county clerk within 30 days after the completion of
the publication.
SEC. 67. Section 17923 of the Business and Professions Code is
amended to read:
17923. (a) Any person who is a general partner in a partnership
that is or has been regularly transacting business in
under a fictitious business name may, upon
withdrawing as a general partner, file a statement of withdrawal from
the partnership operating under a fictitious
business name. The statement shall be executed by the person filing
the statement in the same manner as a fictitious business name
statement and shall be filed with the county clerk of the county
where the partnership filed its fictitious business name statement.
(b) The statement shall include:
(1) The fictitious business name of the partnership.
(2) The date on which the fictitious business name statement for
the partnership was filed and the county where filed.
(3) The street address of its principal place of business in this
state or, if it has no place of business in this state, the street
address of its principal place of business outside this state, if
any.
(4) The full name and residence of the person withdrawing as a
partner.
(c) The statement of withdrawal from the partnership operating
under a fictitious business name shall be published in the same
manner as the fictitious business name statement and an affidavit
showing the publication of the statement shall be filed with the
county clerk after the completion of the publication.
(d) The withdrawal of a general partner does not cause a
fictitious business name statement to expire if the withdrawing
partner files a statement of withdrawal in accordance with
subdivisions (a) and (b) and the requirement of subdivision (c) is
satisfied.
SEC. 67.2. Section 22251 of the Business and Professions Code is
amended to read:
22251. For the purposes of this chapter, the following words have
the following meanings:
(a) (1) Except as otherwise provided in paragraph (2), "tax
preparer" includes:
(A) A person who, for a fee or for other consideration, assists
with or prepares tax returns for another person or who assumes final
responsibility for completed work on a return on which preliminary
work has been done by another person, or who holds himself or herself
out as offering those services. A person engaged in that activity
shall be deemed to be a separate person for the purposes of this
chapter, irrespective of affiliation with, or employment by, another
tax preparer.
(B) A corporation, partnership, association, or other entity that
has associated with it persons not exempted under Section 22258,
which persons shall have as part of their responsibilities the
preparation of data and ultimate signatory authority on tax returns
or that holds itself out as offering those services or having that
authority.
(2) Notwithstanding paragraph (1), "tax preparer" does not include
an employee who, as part of the regular clerical duties of his or
her employment, prepares his or her employer's income, sales, or
payroll tax returns.
(b) "Tax return" means a return, declaration, statement, refund
claim, or other document required to be made or filed in connection
with state or federal income taxes or state bank and corporation
franchise taxes.
(c) An "approved curriculum provider," for purposes of basic
instruction as described in subdivision (a) of Section 22255, and
continuing education as described in subdivision (b) of Section
22255, is one who has been approved by the council as defined in
subdivision (d) , or by the Bureau for Private Postsecondary
and Vocational Education under Chapter 7 (commencing with Section
94700) of Part 59 of Division 10 of the Education Code . A
curriculum provider who is approved by the tax education council is
exempt from Chapter 7 (commencing with Section 94700) of Part 59 of
Division 10 of the Education Code.
(d) "Council" means the California Tax Education Council
which that is a single organization made up of
not more than one representative from each professional society,
association, or other entity operating as a California nonprofit
corporation which that chooses to
participate in the council and which that
represents tax preparers, enrolled agents, attorneys, or
certified public
accountants with a membership of at least 200 for the last three
years, and not more than one representative from each for-profit tax
preparation corporation which that
chooses to participate in the council and which
that has at least 200 employees and has been operating in
California for the last three years. The council shall
establish a process by which two individuals who are tax preparers
pursuant to Section 22255 are appointed to the council with full
voting privileges to serve terms as determined by the council, with
their initial terms being served on a staggered basis. A person
exempt from the requirements of this chapter pursuant to Section
22258 is not eligible for appointment to the council, other than an
employee of an individual in an exempt category.
SEC. 67.4. Section 22254 of the Business and Professions Code is
amended to read:
22254. A provider of tax preparer education for tax preparers
shall meet standards and procedures as approved by the council
, or by the Bureau for Private Postsecondary and Vocational
Education . The council shall either approve or decline to
approve providers of tax preparer education within 120 days of
receiving a request for approval. If approval is not declined within
120 days, the provider shall be deemed approved. A listing of those
providers approved by the council shall be made available to tax
preparers upon request.
SEC. 68. Section 22355 of the Business and Professions Code is
amended to read:
22355. (a) The county clerk shall maintain a register of process
servers and assign a number and issue an identification card to each
process server. The county clerk shall issue a temporary
identification card , for no additional fee, to applicants
who are required to submit fingerprint cards for background checks
to the Federal Bureau of Investigation and the Department of Justice.
This card shall be valid for 120 days. If clearance is received
from the Federal Bureau of Investigation and the Department of
Justice within 120 days, the county clerk shall immediately issue a
permanent identification card to the applicant. Upon request of
the applicant, the permanent identification card shall be mailed to
the applicant at his or her address of record. Upon renewal of
a certificate of registration, the same number shall be assigned,
provided there is no lapse in the period of registration.
(b) The temporary and permanent identification cards shall be 33/8
inches by 21/4 inches and shall contain at the top the title,
"Registered Process Server," followed by the registrant's name,
address, registration number, date of expiration, and county of
registration. In the case of a natural person, it shall also contain
a photograph of the registrant in the lower left corner.
SEC. 69. Section 22453.1 of the Business and Professions Code is
amended to read:
22453.1. Notwithstanding Section 22453, any person registered
pursuant to Chapter 16 (commencing with Section 22350) shall pay a
fee of one hundred dollars ($100) instead of the fee of one hundred
seventy-five dollars ($175) otherwise required by Section 22453.
SEC. 70. Section 109948.1 of the Health and Safety Code is amended
to read:
109948.1. (a) "Home medical device services" means the delivery,
installation, maintenance, replacement of, or instruction in the use
of, home medical devices used by a sick or disabled individual to
allow the individual to be maintained in a residence.
(b) "Home medical device" means a device intended for use in a
home care setting including, but not limited to, all of the
following:
(1) Oxygen delivery systems and prefilled cylinders.
(2) Ventilators.
(3) Continuous Positive Airway Pressure devices (CPAP).
(4) Respiratory disease management devices.
(5) Hospital beds and commodes.
(6) Electronic and computer driven wheelchairs and seating
systems.
(7) Apnea monitors.
(8) Low air loss continuous pressure management devices.
(9) Transcutaneous Electrical Nerve Stimulator (TENS) units.
(10) Prescription devices.
(11) Disposable medical supplies including, but not limited to,
incontinence supplies as defined in Section 14125.1 of the Welfare
and Institutions Code.
(12) In vitro diagnostic tests.
(13) Any other similar device as defined in regulations adopted by
the department.
(c) The term "home medical device" does not include any of the
following:
(1) Devices used or dispensed in the normal course of treating
patients by hospitals and nursing facilities, other than devices
delivered or dispensed by a separate unit or subsidiary corporation
of a hospital or nursing facility or agency that is in the business
of delivering home medical devices to an individual's residence.
(2) Prosthetics and orthotics.
(3) Automated external defibrillators (AEDs).
(4) Devices provided through a physician's office incident to a
physician's service.
(5) Devices provided by a licensed pharmacist that are used to
administer drugs that can be dispensed only by a licensed pharmacist.
(6) Enteral and parenteral devices provided by a licensed
pharmacist.
SEC. 71. Section 111656 of the Health and Safety Code is amended
to read:
111656. (a) No person shall conduct a home medical device retail
facility business in the State of California unless he or she has
obtained a license from the department. A license shall be required
for each home medical device retail facility owned or operated by a
specific person. A separate license shall be required for each of
the premises of any person operating a home medical device retail
facility in more than one location. The license shall be renewed
annually and shall not be transferable. The licensee shall be
responsible for assuring compliance with all requirements of this
article pertaining to home medical device retail facilities.
(b) Applications for a home medical device retail facility license
shall be made on a form furnished by the department. The department
may require any information it deems reasonably necessary to carry
out the purposes of this section.
(c) A warehouse owned by a home medical device retail facility the
primary purpose of which is storage, not dispensing of home medical
devices to patients, shall be licensed at a fee one-half of that for
a home medical device retail facility. There shall be no separate or
additional license fee for warehouse premises owned by a home
medical device retail facility that are physically connected to the
retail premises or that share common access.
(d) The department may, at its discretion, issue a temporary
license when the ownership of a home medical device retail facility
is transferred from one person to another upon any conditions and for
the periods of time as the department determines to be in the public
interest. A temporary license fee shall be established by the
department at an amount not to exceed the annual fee for renewal of a
license to conduct a home medical device retail facility.
(e) Notwithstanding any other provision of law, a licensed home
medical device retail facility may furnish a prescription device to a
licensed health care facility for storage in a secured emergency
pharmaceutical supplies container maintained within the facility in
accordance with facility regulations of the State Department of
Health Services set forth in Title 22 of the California Code of
Regulations.
(f) The licensure requirements of this section shall not apply to
the following entities or practitioners, unless the entities or
practitioners furnish home medical devices or home medical device
services through a separate entity including, but not limited to, a
corporate entity, division, or other business entity:
(1) Home health agencies that do not have a Part B Medicare
supplier number.
(2) Hospitals, excluding providers of home medical devices that
are owned or related to a hospital.
(3) Manufacturers and wholesale distributors, if not selling
directly to the patient.
(4) Health care practitioners authorized to prescribe or order
home medical devices or who use home medical devices or who use home
medical devices to treat their patients.
(5) Licensed pharmacists and pharmacies. Pharmacies that sell or
rent home medical devices shall be governed by the provisions of
Chapter 9 (commencing with Section 4000) of Division 2 of the
Business and Professions Code and any rules and regulations adopted
by the California State Board of Pharmacy.
(6) Licensed hospice programs.
(7) Licensed nursing homes.
(8) Licensed veterinarians.
(9) Licensed dentists.
(10) Emergency medical services provider.
(11) Breast feeding support programs.
SEC. 72. Section 111656.2 of the Health and Safety Code is amended
to read:
111656.2. (a) The following standards shall apply to all home
medical device retail facilities:
(1) Each retail facility shall store prescription devices in a
manner that does not allow a customer direct access or self-service.
(2) Each retail facility shall maintain the premises, fixtures,
and equipment in a clean and orderly condition.
(3) Each retail facility shall maintain the premises in a dry,
well-ventilated condition, free from contamination or other
conditions that may render home medical devices unfit for their
intended use.
(b) The department may by regulation impose any other standards
pertaining to the acquisition, storage, and maintenance of
prescription devices or other goods or to the maintenance or
condition of the licensed premises of any home medical device retail
facility as the department determines are reasonably necessary.
SEC. 73. Section 111656.4 of the Health and Safety Code is
amended to read:
111656.4. Section 4051 of the Business and Professions Code shall
not prohibit a home medical device retail facility from selling or
dispensing prescription devices if the department finds that
sufficient qualified supervision is employed by the home medical
device retail facility to adequately safeguard and protect the public
health. Each person applying to the department for this exemption
shall meet the following requirements to obtain and maintain the
exemption:
(a) A licensed pharmacist or an exemptee who has taken
and passed an examination administered by the department
meets the requirements set forth in paragraphs (1) to (5),
inclusive, and whose certificate
license of exemption is currently valid, shall be in charge of
the home medical device retail facility.
(1) He or she shall be a high school graduate or possess a general
education development equivalent.
(2) He or she shall have a minimum of one year of paid work
experience related to the distribution or dispensing of dangerous
drugs or dangerous devices.
(3) He or she shall complete a training program that addresses
each of the following subjects that are applicable to him or her:
(A) Knowledge and understanding of state and federal laws relating
the distribution of dangerous drugs and dangerous devices.
(B) Knowledge and understanding of state and federal laws relating
the distribution of controlled substances.
(C) Knowledge and understanding of quality control systems.
(D) Knowledge and understanding of the United States Pharmacopoeia
standards relating to the safe storage and handling of drugs.
(E) Knowledge and understanding relating to the safe storage and
handling of home medical devices.
(F) Knowledge and understanding of prescription terminology,
abbreviations, and format.
(4) The department may, by regulation, require training programs
that include additional material.
(5) The department shall not issue an exemptee license until the
applicant provides proof of completion of the required training that
the department determines is adequate to fulfill these requirements.
(b) The licensed pharmacist or exemptee shall be on the premises
at all times that prescription devices are available for sale or
fitting unless the prescription devices are stored separately from
other merchandise and are under the exclusive control of the licensed
pharmacist or exemptee. A licensed pharmacist or an exemptee need
not be present in the warehouse facility of a home medical device
retail facility unless the department establishes that requirement by
regulation based upon the need to protect the public.
(c) The department may require an exemptee to complete a
designated number of hours of coursework in department-approved
courses of home health education in the disposition of any
disciplinary action taken against the exemptee.
(d) Each premises maintained by a home medical device retail
facility shall have a license issued by the department and shall have
a licensed pharmacist or exemptee on the premises if prescription
devices are furnished, sold, or dispensed.
(e) A home medical device retail facility may establish locked
storage (a lock box or locked area) for emergency or after working
hours furnishing of prescription devices. Locked storage may be
installed or placed in a service vehicle of the home medical device
retail facility for emergency or after hours service to patients
having prescriptions for prescription devices.
(f) The department may by regulation authorize a licensed
pharmacist or exemptee to direct an employee of the home medical
device retail facility who operates the service vehicle equipped with
locked storage described in subdivision (e) to deliver a
prescription device from the locked storage to patients having
prescriptions for prescription devices. These regulations shall
establish inventory requirements for the locked storage by a licensed
pharmacist or exemptee to take place shortly after a prescription
device has been delivered from the locked storage to a patient.
SEC. 74. Section 29.2 of this bill incorporates amendments
to Section 4115 of the Business and Professions Code proposed by both
this bill and AB 536. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2002,
(2) each bill amends Section 4115 of the Business and Professions
Code, and (3) this bill is enacted after AB 536, in which case
Section 29 of this bill shall not become operative.
SEC. 74.
SEC. 75. No reimbursement is required by this act pursuant
to Section 6 of Article XIIIB of the California Constitution for
certain costs that may be incurred by a local agency or school
district because in that regard 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.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.