BILL NUMBER: SB 1111 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 12, 2010
INTRODUCED BY Senator Negrete McLeod
FEBRUARY 17, 2010
An act to amend Sections 27, 116, 125.9, 155, 159.5, 160, 726,
802.1 , 803, 803.5, 803.6, and
1005, and 2715 of, to amend and repeal Section 125.3 of, to add
Sections 27.5, 125.4, 734, 735, 736, 737, 802.2,
803.7, 1006, 1007, 1699.2, 2372, 2815.6,
2669.2, 2770.18, 3534.12, 4375, and 4873.2 to, to add Article 10.1
(commencing with Section 720) , Article 15 (commencing with
Section 870), and Article 16 (commencing with Section 880)
to Chapter 1 of Division 2 of, and to repeal Article 4.7 (commencing
with Section 1695) of Chapter 4 of, Article 15 (commencing with
Section 2360) of Chapter 5 of, Article 5.5 (commencing with Section
2662) of Chapter 5.7 of, Article 3.1 (commencing with Section 2770)
of Chapter 6 of, Article 6.5 (commencing with Section 3534) of
Chapter 7.7 of, Article 21 (commencing with Section 4360) of Chapter
9 of, and Article 3.5 (commencing with Section 4860) of Chapter 11 of
Division 2 of, the Business and Professions Code, to amend
Sections 12529, 12529.5, 12529.6, and 12529.7 of add
Section 12529.8 to the Government Code, and to amend Section
830.3 of the Penal Code, relating to regulatory boards, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1111, as amended, Negrete McLeod. Regulatory boards.
Existing law provides for the regulation of healing arts licensees
by various boards within the Department of Consumer Affairs. The
department is under the control of the Director of Consumer Affairs.
Existing law, the Chiropractic Act, enacted by initiative,
provides for the licensure and regulation of chiropractors by the
State Board of Chiropractic Examiners.
(1) Existing law requires certain boards within the department to
disclose on the Internet information on their respective licensees.
This bill would additionally require specified healing arts boards
and the State Board of Chiropractic Examiners to disclose
on the Internet information on their respective licensees, as
specified. The bill would also declare the intent of the Legislature
that the department establish an information technology system to
create and update healing arts license information and track
enforcement cases pertaining to these licensees.
Existing law authorizes the director to audit and review, among
other things, inquiries and complaints regarding licensees,
dismissals of disciplinary cases, and discipline short of formal
accusation by the Medical Board of California and the California
Board of Podiatric Medicine.
This bill would additionally authorize the director or his or her
designee to audit and review the aforementioned activities by any of
the healing arts boards.
Existing law authorizes an administrative law judge to order a
licentiate in a disciplinary proceeding to pay, upon request of the
licensing authority, a sum not to exceed the reasonable costs of the
investigation and enforcement of the case.
This bill would instead authorize any entity within the department
, the State Board of Chiropractic Examiners, or the
administrative law judge to order a licensee or applicant in any
penalty or disciplinary hearing to pay a sum not to exceed the
actual reasonable costs of the
investigation, prosecution, and enforcement of the case , in
full, within 30 days of the effective date of an order to pay
costs , unless subject to an agreed upon payment plan .
The bill would also authorize any entity within the department to
request that the administrative law judge charge a licensee on
probation the costs of the monitoring of his or her probation, and
would prohibit relicensure if those costs are not paid. The bill
would authorize any board within the department and the State
Board of Chiropractic Examiners to contract with a collection
agency for the purpose of collecting outstanding fees, fines, or cost
recovery amounts, upon a final decision, and would
authorize the release of personal information, including the birth
date, telephone number, and social security number of the person who
owes that money to the board.
Existing law provides for the regulation of citation or
administrative fine assessments issued pursuant to a citation.
Hearings to contest citations or administrative fine assessments are
conducted pursuant to a formal adjudication process.
This bill would authorize a healing arts boards
board to proceed pursuant to an alternative
adjudication process, as specified , provided the board has
adopted specified regulations .
Existing law requires a physician and surgeon, osteopathic
physician and surgeon, and a doctor of podiatric medicine to report
to his or her respective board when there is an indictment or
information charging a felony against the licensee or he or she has
been convicted of a felony or misdemeanor.
This bill would expand that requirement to a licensee of any
healing arts board, as specified, would require those
licensees to submit a written report, and would further
require a report upon the arrest of the licensee or when disciplinary
action is taken against a licensee by another healing arts board or
by a healing arts board of another state or an agency of the
federal government. The bill would also require a licensee who is
arrested or charged with a misdemeanor or felony to inform law
enforcement and the court that he or she is a licensee of a healing
arts board .
Existing law requires the district attorney, city attorney, and
other prosecuting agencies to notify the Medical Board of California,
the Osteopathic Medical Board of California, the California Board of
Podiatric Medicine, the State Board of Chiropractic Examiners, and
other allied health boards and the court clerk if felony charges have
been filed against one of the board's licensees. Existing law also
requires, within 10 days after a court judgment, the clerk of the
court to report to the appropriate board when a licentiate has
committed a crime or is liable for any death or personal injury
resulting in a specified judgment. Existing law also requires the
clerk of the court to transmit to certain boards specified felony
preliminary transcript hearings concerning a defendant licentiate.
This bill would instead make those provisions applicable to any
described healing arts board. By imposing additional duties on these
local agencies, the bill would impose a state-mandated local program.
(2) Under existing law, healing arts licensees are regulated by
various healing arts boards and these boards are authorized to issue,
deny, suspend, and revoke licenses based on various grounds and to
take disciplinary action against a licensee for the failure to comply
with their laws and regulations. Existing law requires or authorizes
a healing arts board to appoint an executive officer or an executive
director to, among other things, perform duties delegated by the
board. Under existing law, the State Board of Chiropractic
Examiners has the authority to issue, suspend, revoke a license to
practice chiropractic, and to place a licensee on probation for
various violations. Existing law requires the State Board of
Chiropractic Examiners to employ an executive officer to carryout
certain duties.
This bill would authorize the a healing
arts board to delegate to its executive officer or the
executive director of specified healing arts licensing
boards , where an administrative action has been filed by
the board to revoke the license of a licensee and the licensee has
failed to file a notice of defense, appear at the hearing, or has
agreed to the revocation or surrender of his or
her license, to adopt a proposed default decision or a proposed
settlement agreement. The bill would also authorize a healing arts
board to enter into a settlement with a licensee or applicant
prior to in lieu of the issuance of an
accusation or statement of issues against the licensee or applicant.
Upon receipt of evidence that a licensee of a healing arts board
has engaged in conduct that poses an imminent risk of harm to the
public health, safety, or welfare, or has failed to comply
with a request to inspect or copy records, the bill would
authorize the executive officer of the healing arts board to petition
the director or his or her designee to issue a temporary order that
the licensee cease all practice and activities under his or her
license. The bill would require the executive officer to provide
notice to the licensee of the hearing at least one hour
5 business days prior to the hearing and would
provide a mechanism for the presentation of evidence and oral or
written arguments. The bill would allow for the permanent revocation
of the license if the director makes a determination that
the action is necessary to protect upon a
preponderance of the evidence that an imminent risk to the
public health, safety, or welfare exists .
The bill would also provide that the license of a licensee shall
be suspended if the licensee is incarcerated after the conviction of
a felony and would require the board to notify the licensee of the
suspension and of his or her right to a specified hearing. The bill
would specify that no hearing is required, however, if the conviction
was for a violation of federal law or state law for the use of
dangerous drugs or controlled substances or specified sex offenses; a
violation for the use of dangerous drugs or controlled substances
would also constitute unprofessional conduct and a crime, thereby
imposing a state-mandated local program.
The bill would prohibit the issuance of a healing arts license to
any person who is a registered sex offender, and would provide for
the revocation of a license upon the conviction of certain sex
offenses, as defined. The bill would provide that the commission of,
and conviction for, any act of sexual abuse, misconduct, or attempted
sexual misconduct, whether or not with a patient, or conviction of a
felony requiring registration as a sex offender, be considered a
crime substantially related to the qualifications, functions, or
duties of a licensee.
The bill would also prohibit a licensee of healing arts boards
from including certain provisions in an agreement to settle a civil
dispute arising from his or her practice, as specified. The bill
would make a licensee or a health care facility that fails to comply
with a patient's medical record request, as specified, within
10 15 days, if a licensee, or 30
days, if a health care facility, or who fails or refuses to
comply with a court order mandating release of records, subject to
civil and criminal penalties, as specified. By creating a new crime,
the bill would impose a state-mandated local program.
The bill would authorize the Attorney General and his or her
investigative agents and the healing arts boards to inquire into any
alleged violation of the laws under the board's jurisdiction and to
inspect documents subject to specified procedures. The bill would
also set forth procedures related to the inspection of patient
records and patient confidentiality. The bill would require
cooperation between state agencies and healing arts boards when
investigating a licensee, and would require a state agency to provide
to the board all records in the custody of the state agency. The
bill would require all local and state law enforcement agencies,
state and local governments, state agencies, licensed health care
facilities, and any employers of any licensee to provide records to a
healing arts board upon request by that board, and would make an
additional requirement specific to the Department of Justice. By
imposing additional duties on local agencies, the bill would impose a
state-mandated local program.
The bill would require the healing arts boards to report annually,
by October 1, to the department and the Legislature certain
information, including, but not limited to, the total number of
consumer calls received by the board, the total number of complaint
forms received by the board, the total number of convictions reported
to the board, and the total number of licensees in diversion or on
probation for alcohol or drug abuse. The bill would require the
healing arts boards to search submit licensee
information to specified national databases , and to
search those databases prior to licensure of an applicant or
licensee who holds a license in another state ,
and would authorize a healing arts board to charge a fee for the cost
of conducting the search. The bill would authorize a healing
arts board to automatically suspend the license of any licensee who
also has an out-of-state license or a license issued by an agency of
the federal government that is suspended or revoked, except as
specified.
The bill would authorize the healing arts boards to refuse to
issue a license to an applicant if the applicant appears to
may be unable to practice safely due to mental
illness or chemical dependency, subject to specified procedural
requirements and medical examinations. The bill would also authorize
the healing arts boards to issue limited licenses to practice to an
applicant with a disability, as specified.
(3) This bill would make it a crime to violate any of the
provisions of (2) above; to engage in the practice of healing arts
without a current and valid license, except as specified; or
to fraudulently buy, sell, or obtain a license to practice
healing arts ; or to represent oneself as engaging or
authorized to engage in healing arts if he or she is not authorized
to do so . The bill would, except as otherwise
specified, make the provisions of paragraph (2) applicable to
licensees subject to the jurisdiction of the State Board of
Chiropractic Examiners. By creating new crimes, the bill would
impose a state-mandated local program.
This bill would also provide that it is an act of unprofessional
conduct for any licensee of a healing arts board to fail to furnish
information in a timely manner to the board or the board's
investigators, or to fail to cooperate and participate in any
disciplinary investigation pending against him or her, except as
specified.
(4) Existing law requires regulatory fees to be deposited into
special funds within the Professions and Vocations Fund, and certain
of those special funds are continuously appropriated for those
purposes. Those funds are created, and those fees are set, by the
Legislature by statute or, if specified, by administrative
regulation.
This bill would authorize the Department of Consumer Affairs to
adjust those healing arts regulatory fees consistent with the
California Consumer Price Index. By adding a new source of revenue
for deposit into certain continuously appropriated funds, the bill
would make an appropriation.
(4) Existing law provides in the State Treasury the Professions
and Vocations Fund, consisting of the special funds of the healing
arts boards, many of which are continuously appropriated.
This bill would establish in the State Treasury the Emergency
Health Care Enforcement Reserve Fund, which would be a continuously
appropriated fund, and would require that any moneys in a healing
arts board fund consisting of more than 4 months operating
expenditures be transferred to the fund and would authorize
expenditure for specified enforcement purposes, thereby making an
appropriation. The bill would require the fund to be administered by
the department, and would authorize a healing arts board to loan its
surplus moneys in the fund to another healing arts board, thereby
making an appropriation.
Existing law requires specified agencies within the Department of
Consumer Affairs with unencumbered funds equal to or more than the
agency's operating budget for the next 2 fiscal years to reduce
license fees in order to reduce surplus funds to an amount less than
the agency's operating budget, as specified. With respect to certain
other boards within the department, existing law imposes various
reserve fund requirements.
Under this bill, if a healing arts board's fund reserve exceeds
its statutory maximum, the bill would authorize the board to lower
its fees by resolution in order to reduce its fund reserves to an
amount below its statutory maximum.
The bill would also authorize the department to request that the
Department of Finance augment the amount available for expenditures
to pay enforcement costs for the services of the Attorney General's
Office and the Office of Administrative Hearings and the bill would
impose specified procedures for instances when the augmentation
exceeds 20% of the board's budget for the enforcement costs for these
services. The bill would make findings and statements of intent with
respect to this provision.
(5) Existing law authorizes the director to employ investigators,
inspectors, and deputies as are necessary to investigate and
prosecute all violations of any law, the enforcement of which is
charged to the department, or to any board in the department.
Inspectors used by the boards are not required to be employees of the
Division of Investigation, but may be employees of, or under
contract to, the boards.
This bill would authorize healing arts boards and the State
Board of Chiropractic Examiners to employ investigators who are
not employees of the Division of Investigation, and would authorize
those boards to contract for investigative services provided by the
Medical Board of California or provided by the
Department of Justice. The bill would also provide within the
Division of Investigation the Health Quality Enforcement Unit to
provide investigative services for healing arts proceedings.
Existing law provides that the chief and all investigators of the
Division of Investigation of the department and all investigators of
the Medical Board of California have the authority of peace officers.
This bill would include within that provision investigators of the
Board of Registered Nursing and would also provide that
investigators employed by the Medical Board of California, the Dental
Board of California, and the Board of Registered Nursing are not
required to be employed by the division. The bill would also
authorize the Board of Registered Nursing to employ nurse consultants
and other personnel as it deems necessary.
(6) Existing law establishes diversion and recovery programs to
identify and rehabilitate dentists, osteopathic physicians and
surgeons, physical therapists and physical therapy assistants,
registered nurses, physician assistants, pharmacists and intern
pharmacists, and veterinarians and registered veterinary technicians
whose competency may be impaired due to, among other things, alcohol
and drug abuse.
This bill would make the provisions establishing these diversion
programs inoperative on January 1, 2013.
(7) Existing law provides in the Department of Justice the Health
Quality Enforcement Section, whose primary responsibility is to
investigate and prosecute proceedings against licensees and
applicants within the jurisdiction of the Medical Board of California
and any committee of the board, the California Board of
Podiatric Medicine, and the Board of Psychology.
This bill would require authorize a
healing arts board to utilize the services of the Health
Quality Enforcement Section to provide investigative and
prosecutorial services to any healing arts board, as defined, upon
request by the executive officer of the board or
licensing section . The If utilized,
the bill would also require the Attorney
General to assign attorneys employed by the office of the Attorney
General to work on location at the Health Quality
Enforcement Unit licensing unit of the Division
of Investigation of the Department of Consumer Affairs, as specified.
(8) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that 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: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the
Consumer Health Protection Enforcement Act.
SEC. 2. (a) The Legislature finds and declares the following:
(1) In recent years, it has been reported that many of the healing
arts boards within the Department of Consumer Affairs take, on
average, more than three years to investigate and prosecute
violations of law, a timeframe that does not adequately protect
consumers.
(2) The excessive amount of time that it takes healing arts boards
to investigate and prosecute licensed professionals who have
violated the law has been caused, in part, by legal and procedural
impediments to the enforcement programs.
(3) Both consumers and licensees have an interest in the quick
resolution of complaints and disciplinary actions. Consumers need
prompt action against licensees who do not comply with professional
standards, and licensees have an interest in timely review of
consumer complaints to keep the trust of their patients.
(b) It is the intent of the Legislature that the changes made by
this act will improve efficiency and increase accountability within
the healing arts boards of the Department of Consumer Affairs, and
will remain consistent with the long-held paramount goal of consumer
protection.
(c) It is further the intent of the Legislature that the changes
made by this act will provide the healing arts boards within the
Department of Consumer Affairs with the regulatory tools and
authorities necessary to reduce the average timeframe for
investigating and prosecuting violations of law by healing arts
practitioners to between 12 and 18 months.
SEC. 3. Section 27 of the Business and Professions Code is amended
to read:
27. (a) Every Each entity specified
in subdivision (b) subdivisions (b) and (c)
shall provide on the Internet information regarding the status
of every license issued by that entity , whether the license is
current, expired, canceled, suspended, or revoked, in
accordance with the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code) and the Information Practices Act of 1977 (Chapter 1
(commencing with Section 1798) of Title 1.8 of Part 4 of Division 3
of the Civil Code). The public information to be provided on the
Internet shall include information on suspensions and revocations of
licenses issued by the entity and other related enforcement action
taken by the entity relative to persons, businesses, or facilities
subject to licensure or regulation by the entity. In providing
information on the Internet, each entity shall comply with the
Department of Consumer Affairs Guidelines for Access to Public
Records. The information may not include personal information,
including home telephone number, date of birth, or social security
number. Each entity shall disclose a licensee's address of record.
However, each entity shall allow a licensee to provide a post office
box number or other alternate address, instead of his or her home
address, as the address of record. This section shall not preclude an
entity from also requiring a licensee, who has provided a post
office box number or other alternative mailing address as his or her
address of record, to provide a physical business address or
residence address only for the entity's internal administrative use
and not for disclosure as the licensee's address of record or
disclosure on the Internet.
(b) Each of the following entities within the Department of
Consumer Affairs shall comply with the requirements of this section:
(1) The Acupuncture Board shall disclose information on its
licensees.
(2) The Board of Behavioral Sciences shall disclose information on
its licensees , including marriage and family therapists,
licensed clinical social workers, and licensed educational
psychologists. .
(3) The Dental Board of California shall disclose information on
its licensees.
(4) The State Board of Optometry shall disclose information
regarding certificates of registration to practice optometry,
statements of licensure, optometric corporation registrations, branch
office licenses, and fictitious name permits of its licensees.
(5) The Board for Professional Engineers and Land Surveyors shall
disclose information on its registrants and licensees.
(6) The Structural Pest Control Board shall disclose information
on its licensees, including applicators, field representatives, and
operators in the areas of fumigation, general pest and wood
destroying pests and organisms, and wood roof cleaning and treatment.
(7) The Bureau of Automotive Repair shall disclose information on
its licensees, including auto repair dealers, smog stations, lamp and
brake stations, smog check technicians, and smog inspection
certification stations.
(8) The Bureau of Electronic and Appliance Repair shall disclose
information on its licensees, including major appliance repair
dealers, combination dealers (electronic and appliance), electronic
repair dealers, service contract sellers, and service contract
administrators.
(9) The Cemetery and Funeral Bureau shall disclose information on
its licensees, including cemetery brokers, cemetery salespersons,
cemetery managers, crematory managers, cemetery authorities,
crematories, cremated remains disposers, embalmers, funeral
establishments, and funeral directors.
(10) The Professional Fiduciaries Bureau shall disclose
information on its licensees.
(11) The Contractors' State License Board shall disclose
information on its licensees in accordance with Chapter 9 (commencing
with Section 7000) of Division 3. In addition to information related
to licenses as specified in subdivision (a), the board shall also
disclose information provided to the board by the Labor Commissioner
pursuant to Section 98.9 of the Labor Code.
(12) The Board of Psychology shall disclose information on its
licensees, including psychologists, psychological assistants, and
registered psychologists.
(13) The Bureau for Private Postsecondary Education shall disclose
information on private postsecondary institutions under its
jurisdiction, including disclosure of notices to comply issued
pursuant to Section 94935 of the Education Code.
(14) The Board of Registered Nursing shall disclose information on
its licensees.
(15) The Board of Vocational Nursing and Psychiatric Technicians
of the State of California shall disclose information on its
licensees.
(16) The Veterinary Medical Board shall disclose information on
its licensees and registrants.
(17) The Physical Therapy Board of California shall disclose
information on its licensees.
(18) The California State Board of Pharmacy shall disclose
information on its licensees.
(19) The Speech-Language Pathology and Audiology and Hearing Aid
Dispensers Board shall disclose information on its licensees.
(20) The Respiratory Care Board of California shall disclose
information on its licensees.
(21) The California Board of Occupational Therapy shall disclose
information on its licensees.
(22) The Naturopathic Medicine Committee of the Osteopathic
Medical Board of California shall disclose information on its
licensees.
(23) The Physician Assistant Committee of the Medical Board of
California shall disclose information on its licensees.
(24) The Dental Hygiene Committee of California shall disclose
information on its licensees.
(c) The State Board of Chiropractic Examiners shall disclose
information on its licensees.
(c)
(d) "Internet" for the purposes of this section has the
meaning set forth in paragraph (6) of subdivision (f) of Section
17538.
SEC. 4. Section 27.5 is added to the
Business and Professions Code , to read:
27.5. (a) Each entity specified in subdivision (b) shall provide
on the Internet information regarding the status of every license
issued by that entity, whether the license is current, expired,
canceled, suspended, or revoked, in accordance with the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code) and the Information
Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of
Title 1.8 of Part 4 of Division 3 of the Civil Code). The public
information to be provided on the Internet shall include information
on suspensions and revocations of licenses issued by the entity and
other related enforcement action taken by the entity relative to
persons, businesses, or facilities subject to licensure or regulation
by the entity. In providing information on the Internet, each entity
shall comply with the Department of Consumer Affairs Guidelines for
Access to Public Records. The information may not include personal
information, including home telephone number, date of birth, or
social security number. The information may not include the licensee'
s address, but may include the city and county of the licensee's
address of record.
(b) Each of the following entities within the Department of
Consumer Affairs shall comply with the requirements of this section:
(1) The Board of Registered Nursing shall disclose information on
its licensees.
(2) The Board of Vocational Nursing and Psychiatric Technicians of
the State of California shall disclose information on its licensees.
(3) The Veterinary Medical Board shall disclose information on its
licensees and registrants.
(4) The Physical Therapy Board of California shall disclose
information on its licensees.
(5) The California State Board of Pharmacy shall disclose
information on its licensees.
(6) The Speech-Language Pathology and Audiology and Hearing Aid
Dispensers Board shall disclose information on its licensees.
(7) The Respiratory Care Board of California shall disclose
information on its licensees.
(8) The California Board of Occupational Therapy shall disclose
information on its licensees.
(9) The Naturopathic Medicine Committee within the Osteopathic
Medical Board of California shall disclose information on its
licensees.
(10) The Physician Assistant Committee of the Medical Board of
California shall disclose information on its licensees.
(11) The Dental Hygiene Committee of California shall disclose
information on its licensees.
(c) "Internet" for the purposes of this section has the meaning
set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 4. SEC. 5. Section 116 of the
Business and Professions Code is amended to read:
116. (a) The director or his or her designee may audit and
review, upon his or her own initiative, or upon the request of a
consumer or licensee, inquiries and complaints regarding licensees,
dismissals of disciplinary cases, the opening, conduct, or closure of
investigations, informal conferences, and discipline short of formal
accusation by any of the healing arts boards defined
listed in Section 720. The director may make
recommendations for changes to the disciplinary system to the
appropriate board, the Legislature, or both , for
their consideration .
(b) The director shall report to the Chairpersons of the Senate
Business and Professions Committee and the Assembly Health Committee
annually regarding his or her findings from any audit, review, or
monitoring and evaluation conducted pursuant to this section.
SEC. 5. SEC. 6. Section 125.3 of the
Business and Professions Code, as amended by Section 2 of Chapter
223 of the Statutes of 2006, is amended to read:
125.3. (a) (1) Except as otherwise provided by law, in any order
issued in resolution of a penalty or disciplinary proceeding or
hearing on a citation issued pursuant to Section 125.9 or regulations
adopted pursuant thereto, before any board specified in
Section 101, the board or the administrative law judge may direct any
licensee or applicant found to have committed a violation or
violations of law to pay to the board a sum not to exceed the
actual reasonable costs of the
investigation, prosecution, and enforcement of the case.
(2) In an order issued pursuant to paragraph (1) that places a
license on probation, the administrative law judge may direct a
licensee to pay the board's actual reasonable
costs of monitoring that licensee while he or she remains on
probation, if so requested by the entity bringing the proceeding. The
board shall provide the administrative law judge with a good faith
estimate of the probation monitoring costs at the time of the
request.
(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 actual reasonable
costs of investigation, prosecution, and enforcement of the
case. The costs shall include the amount of investigative,
prosecution, 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 actual reasonable costs
of investigation, prosecution, and enforcement of the case and
probation monitoring costs 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 any cost award. The
board may reduce or eliminate the cost award, or remand to the
administrative law judge if the proposed decision fails to make a
finding on costs requested pursuant to subdivision (a).
(e) In determining reasonable costs pursuant to subdivision (a),
the administrative law judge shall only consider the public resources
expended pursuant to the investigation, prosecution, and enforcement
of the case. The administrative law judge shall provide an
explanation as to how the amount ordered for reasonable costs was
determined if the actual costs were not ordered.
(e)
(f) If an order for recovery of costs is made, payment
is due and payable , in full, 30 days after the effective
date of the order , unless the licensee and the board have
agreed to a payment plan . If 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)
(g) 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)
(h) (1) Except as provided in paragraph (2), the board
shall not renew or reinstate the license ,
reinstate the license, or terminate the probation of
any licentiate who has failed to pay all of the costs ordered under
this section. This paragraph shall not apply to an
administrative law judge when preparing a proposed decision.
(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)
(i) 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)
(j) Nothing in this section shall preclude a board from
including the recovery of the costs of investigation, prosecution,
and enforcement of a case in any stipulated settlement.
(j)
(k) This section does not apply to any board if a
specific statutory provision in that board's licensing act provides
for broader authority for the recovery of costs in an administrative
disciplinary proceeding.
(k)
(l) Notwithstanding the provisions of this section, the
Medical Board of California shall not request nor obtain from a
physician and surgeon, investigation and prosecution costs for a
disciplinary proceeding against the licentiate. The board shall
ensure that this subdivision is revenue neutral with regard to it and
that any loss of revenue or increase in costs resulting from this
subdivision is offset by an increase in the amount of the initial
license fee and the biennial renewal fee, as provided in subdivision
(e) of Section 2435.
(l)
(m) For purposes of this chapter, costs of prosecution
shall include, but not be limited to, costs of attorneys, expert
consultants, witnesses, any administrative filing and service fees,
and any other cost associated with the prosecution of the case.
SEC. 6. SEC. 7. Section 125.3 of the
Business and Professions Code, as added by Section 1 of Chapter 1059
of the Statutes of 1992, is repealed.
SEC. 7. SEC. 8. Section 125.4 is
added to the Business and Professions Code, to read:
125.4. (a) Notwithstanding any other
provision of law, a board may contract with a collection agency for
the purpose of collecting outstanding fees, fines, or cost recovery
amounts from any person who owes that money to the board, and, for
those purposes, may provide to the collection agency the personal
information of that person, including his or her birth date,
telephone number, and social security number. The contractual
agreement shall provide that the collection agency may use or release
personal information only as authorized by the contract, and shall
provide safeguards to ensure that the personal information is
protected from unauthorized disclosure. The contractual agreement
shall hold the collection agency liable for the unauthorized use or
disclosure of personal information received or collected under this
section.
(b) A board shall not use a collection agency to recover
outstanding fees, fines, or cost recovery amounts until the person
has exhausted all appeals and the decision is final.
SEC. 8. SEC. 9. 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, commission, or
committee 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 that may contain an order of abatement or
an order to pay an administrative fine assessed by the board,
bureau, commission, or committee 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, commission, or committee exceed five thousand dollars
($5,000) for each inspection or each investigation made with respect
to the violation, or five thousand dollars ($5,000) 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, commission, or committee
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
appeal the finding of a violation, that hearing shall be requested by
written notice to the board, bureau, commission, or committee 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 or,
at the discretion of a healing arts board, as defined
listed in Section 720, pursuant to paragraph
(5).
(5) (A) If the healing arts board is a board or committee, the
executive officer and two members of that board or committee shall
hear the appeal and issue a citation decision. A licensee desiring to
appeal the citation decision shall file a written appeal of the
citation decision with the board or committee within 30 days of
issuance of the decision. The appeal shall be considered by the board
or committee itself and shall issue a written decision on the
appeal. The members of the board or committee who issued the citation
decision shall not participate in the appeal before the board or
committee unless one or both of the members are needed to establish a
quorum to act on the appeal.
(B) If the healing arts board is a bureau, the director shall
appoint a designee to hear the appeal and issue a citation decision.
A licensee desiring to appeal the citation decision shall file a
written appeal of the citation decision with the bureau within 30
days of issuance of the decision. The appeal shall be considered by
the director or his or her designee who shall issue a written
decision on the appeal.
(C) The hearings specified in this paragraph are not subject to
the provisions of Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code.
(D) A healing arts board may adopt regulations to implement this
paragraph, which may include the use of telephonic hearings.
(5) (A) If the healing arts board is a board or committee, two
members of that board or committee shall hear the appeal and issue a
citation decision. One of the two members shall be a licensee of the
board.
(B) If the healing arts board is a bureau, the director shall
appoint a designee to hear the appeal and issue a citation decision.
(C) A hearing held pursuant to this paragraph is not subject to
the provisions of Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code.
(D) A board or committee choosing to utilize the provisions of
this paragraph shall first have adopted regulations providing for
notice and opportunity to be heard. The regulations shall provide the
licensee with due process and describe, in detail, the process for
that hearing. Appeal of the citation decision may be made through the
filing of a petition for writ of mandate.
(E) A healing arts board may permit the use of telephonic
hearings. The decision to have a telephonic hearing shall be at the
discretion of the licensee subject to the citation.
(6) 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, commission, or
committee. 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,
commission, or committee.
SEC. 9. SEC. 10. Section 155 of the
Business and Professions Code is amended to read:
155. (a) In accordance with Section 159.5, the director may
employ such investigators, inspectors, and deputies as are necessary
to properly to investigate and
prosecute all violations of any law, the enforcement of which is
charged to the department or to any board, agency, or commission in
the department.
(b) It is the intent of the Legislature that inspectors used by
boards, bureaus, or commissions in the department shall not be
required to be employees of the Division of Investigation, but may
either be employees of, or under contract to, the boards, bureaus, or
commissions. Contracts for services shall be consistent with Article
4.5 (commencing with Section 19130) of Chapter 6 of Part 2 of
Division 5 of Title 2 of the Government Code. All civil service
employees currently employed as inspectors whose functions are
transferred as a result of this section shall retain their positions,
status, and rights in accordance with Section 19994.10 of the
Government Code and the State Civil Service Act (Part 2 (commencing
with Section 18500) of Division 5 of Title 2 of the Government Code).
(c) Investigators
used by any healing arts board, as defined
listed in Section 720, shall not be required to be employees of
the Division of Investigation and the healing arts board may
contract for investigative services provided by the Medical
Board of California or provided by the Department of
Justice.
(d) Nothing in this section limits the authority of, or prohibits,
investigators in the Division of Investigation in the conduct of
inspections or investigations of any licensee, or in the conduct of
investigations of any officer or employee of a board or the
department at the specific request of the director or his or her
designee.
SEC. 10. SEC. 11. Section 159.5 of
the Business and Professions Code is amended to read:
159.5. There is in the department the Division of Investigation.
The division is in the charge of a person with the title of chief of
the division. There is in the division the Health Quality Enforcement
Unit. The primary responsibility of the unit is to investigate
complaints against licensees and applicants within the jurisdiction
of the healing arts boards specified listed
in Section 720.
Except as provided in Section 16 of Chapter 1394 of the Statutes
of 1970, all positions for the personnel necessary to provide
investigative services, as specified in Section 160 of this code and
in subdivision (b) of Section 830.3 of the Penal Code, shall be in
the division and the personnel shall be appointed by the director.
SEC. 11. SEC. 12. Section 160 of the
Business and Professions Code is amended to read:
160. (a) The Chief and designated investigators of the Division
of Investigation of the department, designated investigators of the
Medical Board of California, designated investigators of the Dental
Board of California, and designated investigators of the Board of
Registered Nursing have the authority of peace officers while engaged
in exercising the powers granted or performing the duties imposed
upon them or the division in investigating the laws administered by
the various boards comprising the department or commencing directly
or indirectly any criminal prosecution arising from any investigation
conducted under these laws. All persons herein referred to shall be
deemed to be acting within the scope of employment with respect to
all acts and matters in this section set forth.
(b) The Division of Investigation, the Medical Board of
California, the Dental Board of California, and the Board of
Registered Nursing may employ investigators who are not peace
officers to provide investigative services.
SEC. 12. SEC. 13. Article 10.1
(commencing with Section 720) is added to Chapter 1 of Division 2 of
the Business and Professions Code, to read:
Article 10.1. Healing Arts Licensing Enforcement
720. (a) Unless otherwise provided, as used in this article, the
term "healing arts board" shall include all of the following:
(1) The Dental Board of California.
(2) The Medical Board of California.
(3) The State Board of Optometry.
(4) The California State Board of Pharmacy.
(5) The Board of Registered Nursing.
(6) The Board of Behavioral Sciences.
(7) The Board of Vocational Nursing and Psychiatric Technicians of
the State of California.
(8) The Respiratory Care Board of California.
(9) The Acupuncture Board.
(10) The Board of Psychology.
(11) The California Board of Podiatric Medicine.
(12) The Physical Therapy Board of California.
(13) The Physician Assistant Committee of the Medical Board of
California.
(14) The Speech-Language Pathology and Audiology and Hearing Aid
Dispensers Board.
(15) The California Board of Occupational Therapy.
(16) The Osteopathic Medical Board of California.
(17) The Naturopathic Medicine Committee of
within the Osteopathic Medical Board of California.
(18) The Dental Hygiene Committee of California.
(19) The Veterinary Medical Board.
(b) Unless otherwise provided, as used in this article, "board"
means all healing arts boards described under subdivision (a) and
"licensee" means a licensee of a healing arts board described in
subdivision (a).
720.2. (a) The A healing arts board may
delegate to its executive officer or executive director
of a healing arts board may the authority to
adopt a proposed default decision where an administrative
action to revoke a license has been filed and the licensee has failed
to file a notice of defense or to appear at the hearing and a
proposed default decision revoking the license has been issued.
(b) The A healing arts board may delegate
to its executive officer or executive director of a
healing arts board may the authority to adopt a
proposed settlement agreement where an administrative action to
revoke a license has been filed by the healing arts board and the
licensee has agreed to surrender the
revocation or surrender of his or her license.
720.4. (a) Notwithstanding Section 11415.60 of the Government
Code, a healing arts board may enter into a settlement with a
licensee or applicant prior to the board's in
lieu of the issuance of an accusation or statement of issues
against that licensee or applicant, as applicable.
(b) The settlement shall include language identifying the factual
basis for the action being taken and a list of the statutes or
regulations violated.
(b) No
(c) A person who enters a
settlement pursuant to this section may petition
is not precluded from filing a petition, in the timeframe
permitted by law, to modify the terms of the settlement or
petition for early termination of probation, if probation is part of
the settlement.
(c) Any settlement
(d) Any settlement against a
licensee executed pursuant to this section shall be considered
discipline and a public record and shall be posted on the applicable
board's Internet Web site. Any settlement against an applicant
executed pursuant to this section shall be considered a public record
and shall be posted on the applicable board's Internet Web site.
720.6. (a) Notwithstanding any other provision of law, upon
receipt of evidence that a licensee of a healing arts board has
engaged in conduct that poses an imminent risk of serious harm to the
public health, safety, or welfare, or has failed to comply
with a request to inspect or copy records made pursuant to Section
720.16, the executive officer of that board may petition
the director to issue a temporary order that the licensee cease all
practice and activities that require a license by that board.
(b) (1) The executive officer of the healing arts board shall, to
the extent practicable, provide telephonic, electronic mail, message,
or facsimile written notice to the licensee of a hearing on the
petition at least 24 hours five business days
prior to the hearing. The licensee and his or her counsel and
the executive officer or his or her designee shall have the
opportunity to present oral or written argument before the director.
After presentation of the evidence and consideration of any
arguments presented, the director may issue an order that the
licensee cease all practice and activities that require a license by
that board when, in the opinion of the director, the action is
necessary to protect the public health, safety, or welfare.
, if, in the director's opinion, the petitioner has
established by a preponderance of the evidence that an imminent risk
of serious harm to the public health, safety, or welfare exists, the
director may issue an order that the licensee cease all practice and
activities that require a license by that board.
(2) The hearing specified in this subdivision shall not be subject
to the provisions of Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code.
(c) Any order to cease practice issued pursuant to this section
shall automatically be vacated within 120 90
days of issuance, or until the healing arts board ,
pursuant to Section 494, files a petition files a
petition pursuant to Section 494 for an interim suspension
order and the petition is denied or granted, whichever occurs first.
(d) A licensee who fails or refuses to comply with an order of the
director to cease practice pursuant to this section is subject to
disciplinary action to revoke or suspend his or her license by
his or her the respective healing arts
board and an administrative fine assessed by the board not to exceed
twenty-five thousand dollars ($25,000). The remedies provided herein
are in addition to any other authority of the healing arts board to
sanction a licensee for practicing or engaging in activities subject
to the jurisdiction of the board without proper legal authority.
(e) Upon receipt of new information, the executive officer for the
healing arts board who requested the temporary suspension order
shall review the basis for the license suspension to determine if the
grounds for the suspension continue to exist. The executive officer
shall immediately notify the director if the executive officer
believes that the licensee no longer poses an imminent risk of
serious harm to the public health, safety, or welfare or
that the licensee has complied with the request to inspect or copy
records pursuant to Section 720.16 . The director shall
review the information from the executive officer and may vacate the
suspension order, if he or she believes that the suspension is no
longer necessary to protect the public health, safety, or welfare.
(f) Any petition and order to cease practice shall be displayed on
the Internet Web site of the applicable healing arts board, except
that if the petition is not granted or the director vacates the
suspension order pursuant to subdivision (e), the petition and order
shall be removed from the respective board's Internet Web site.
(g) If the position of director is vacant, the chief deputy
director of the department shall fulfill the duties of this section.
(h) Temporary suspension orders shall be subject to judicial
review pursuant to Section 1094.5 of the Code of Civil Procedure and
shall be heard only in the superior court in, and for, the Counties
of Sacramento, San Francisco, Los Angeles, or San Diego.
(i) For the purposes of this section, "imminent risk of serious
harm to the public health, safety, or welfare" means that there is a
reasonable likelihood that allowing the licensee to continue to
practice will result in serious physical or emotional injury,
unlawful sexual contact, or death to an individual or individuals
within the next 90 days.
720.8. (a) The license of a licensee of a healing arts board
shall be suspended automatically during any time that the licensee is
incarcerated after conviction of a felony, regardless of whether the
conviction has been appealed. The healing arts board shall,
immediately upon receipt of the certified copy of the record of
conviction, determine whether the license of the licensee has been
automatically suspended by virtue of his or her incarceration, and if
so, the duration of that suspension. The healing arts board shall
notify the licensee in writing of the license suspension
and of his or her right to elect to have the issue of penalty heard
as provided in subdivision (d).
(b) Upon receipt of the certified copy of the record of
conviction, if after a hearing before an administrative law judge
from the Office of Administrative Law
Hearings it is determined that the felony for which the
licensee was convicted was substantially related to the
qualifications, functions, or duties of a licensee, the board shall
suspend the license until the time for appeal has elapsed, if no
appeal has been taken, or until the judgment of conviction has been
affirmed on appeal or has otherwise become final, and until further
order of the healing arts board.
(c) Notwithstanding subdivision (b), a conviction of a charge of
violating any federal statute or regulation or any statute or
regulation of this state, regulating dangerous drugs or controlled
substances, or a conviction of Section 187, 261, 262, or 288 of the
Penal Code, shall be conclusively presumed to be substantially
related to the qualifications, functions, or duties of a licensee and
no hearing shall be held on this issue. However, upon its own motion
or for good cause shown, the healing arts board may decline to
impose or may set aside the suspension when it appears to be in the
interest of justice to do so, with due regard to maintaining the
integrity of, and confidence in, the practice regulated by the
healing arts board.
(d) (1) Discipline may be ordered against a licensee in accordance
with the laws and regulations of the healing arts board when the
time for appeal has elapsed, the judgment of conviction has been
affirmed on appeal, or 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, setting
aside the verdict of guilty, or dismissing the accusation, complaint,
information, or indictment.
(2) The issue of penalty shall be heard by an administrative law
judge from the Office of Administrative Law
Hearings . The hearing shall not be had until the judgment of
conviction has become final or, irrespective of a subsequent order
under Section 1203.4 of the Penal Code, an order granting probation
has been made suspending the imposition of sentence; except that a
licensee may, at his or her option, elect to have the issue of
penalty decided before those time periods have elapsed. Where the
licensee so elects, the issue of penalty shall be heard in the manner
described in subdivision (b) at the hearing to determine whether the
conviction was substantially related to the qualifications,
functions, or duties of a licensee. If the conviction of a licensee
who has made this election is overturned on appeal, any discipline
ordered pursuant to this section shall automatically cease. Nothing
in this subdivision shall prohibit the healing arts board from
pursuing disciplinary action based on any cause other than the
overturned conviction.
(e) The record of the proceedings resulting in a conviction,
including a transcript of the testimony in those proceedings, may be
received in evidence.
(f) Any other provision of law setting forth a procedure for the
suspension or revocation of a license issued by a healing arts board
shall not apply to proceedings conducted pursuant to this section.
720.10. Except as otherwise provided, any proposed decision or
decision issued under this article in accordance with the procedures
set forth in Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, that contains any
finding of fact that the licensee or registrant engaged in any act of
sexual contact, as defined in subdivision (c) of Section 729, with a
patient, or has committed an act or been convicted of a sex offense
as defined in Section 44010 of the Education Code, shall contain an
order of revocation. The revocation shall not be stayed by the
administrative law judge. Unless otherwise provided in the
laws and regulations of the healing arts board, the patient shall no
longer be considered a patient of the licensee when the order for
medical services and procedures provided by the licensee is
terminated, discontinued, or not renewed by the prescribing physician
and surgeon.
720.12. (a) Except as otherwise provided, with regard to an
individual who is required to register as a sex offender pursuant to
Section 290 of the Penal Code, or the equivalent in another state or
territory, under military law, or under federal law, the healing arts
board shall be subject to the following requirements:
(1) The healing arts board shall deny an application by the
individual for licensure in accordance with the procedures set forth
in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3
of Title 2 of the Government Code.
(2) If the individual is licensed under this division, the healing
arts board shall promptly revoke the license of the individual in
accordance with the procedures set forth in Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code. The healing arts board shall not stay the revocation
and place the license on probation.
(3) The healing arts board shall not reinstate or reissue the
individual's license. The healing arts board shall not issue a stay
of license denial and nor place the
license on probation.
(b) This section shall not apply to any of the following:
(1) An individual who has been relieved under Section 290.5 of the
Penal Code of his or her duty to register as a sex offender, or
whose duty to register has otherwise been formally terminated under
California law or the law of the jurisdiction that requires his or
her registration as a sex offender.
(2) An individual who is required to register as a sex offender
pursuant to Section 290 of the Penal Code solely because of a
misdemeanor conviction under Section 314 of the Penal Code. However,
nothing in this paragraph shall prohibit the healing arts board from
exercising its discretion to discipline a licensee under any other
provision of state law based upon the licensee's conviction under
Section 314 of the Penal Code.
(3) Any administrative adjudication proceeding under Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code that is fully adjudicated prior to January 1,
2008. A petition for reinstatement of a revoked or surrendered
license shall be considered a new proceeding for purposes of this
paragraph, and the prohibition against reinstating a license to an
individual who is required to register as a sex offender shall be
applicable.
720.14. (a) A licensee of a healing arts board shall not include
or permit to be included any of the following provisions in an
agreement to settle a civil dispute arising from his or her practice,
whether the agreement is made before or after the filing of an
action:
(1) A provision that prohibits another party to the dispute from
contacting or cooperating with the healing arts board.
(2) A provision that prohibits another party to the dispute from
filing a complaint with the healing arts board.
(3) A provision that requires another party to the dispute to
withdraw a complaint he or she has filed with the healing arts board.
(b) A provision described in subdivision (a) is void as against
public policy.
(c) A violation of this section constitutes unprofessional conduct
and may subject the licensee to disciplinary action.
(d) If a board complies with Section 2220.7, that board shall not
be subject to the requirements of this section.
720.16. (a) Notwithstanding any other provision of law making a
communication between a licensee of a healing arts board and his or
her patients a privileged communication, those provisions shall not
apply to investigations or proceedings conducted by a healing arts
board. Members of a healing arts board, deputies, employees, agents,
the office of the Attorney General, and representatives of the board
shall keep in confidence during the course of investigations the
names of any patients whose records are reviewed and may not disclose
or reveal those names, except as is necessary during the course of
an investigation, unless and until proceedings are instituted. The
authority under this subdivision to examine records of patients in
the office of a licensee is limited to records of patients who have
complained to the healing arts board about that licensee.
(b) Notwithstanding any other provision of law, the Attorney
General and his or her investigative agents, and a healing arts board
and its investigators and representatives may inquire into any
alleged violation of the laws under the jurisdiction of the healing
arts board or any other federal or state law, regulation, or rule
relevant to the practice regulated by the healing arts board,
whichever is applicable, and may inspect documents relevant to those
investigations in accordance with the following procedures:
(1) Any document relevant to an investigation may be inspected,
and copies may be obtained, where patient consent is given.
(2) Any document relevant to the business operations of a
licensee, and not involving medical records attributable to
identifiable patients, may be inspected and copied where relevant to
an investigation of a licensee.
(c) In all cases where documents are inspected or copies of those
documents are received, their acquisition or review shall be arranged
so as not to unnecessarily disrupt the medical and business
operations of the licensee or of the facility where the records are
kept or used.
(d) Where certified documents are lawfully requested from
licensees in accordance with this section by the Attorney General or
his or her agents or deputies, or investigators of any board, the
documents shall be provided within 10 business days of receipt of the
request, unless the licensee is unable to provide the certified
documents within this time period for good cause, including, but not
limited to, physical inability to access the records in the time
allowed due to illness or travel. Failure to produce requested
certified documents or copies thereof, after being informed of the
required deadline, shall constitute unprofessional conduct. A healing
arts board may use its authority to cite and fine a licensee for any
violation of this section. This remedy is in addition to any other
authority of the healing arts board to sanction a licensee for a
delay in producing requested records.
(e) Searches conducted of the office or medical facility of any
licensee shall not interfere with the recordkeeping format or
preservation needs of any licensee necessary for the lawful care of
patients.
(f) The licensee shall cooperate with the healing arts board in
furnishing information or assistance as may be required, including,
but not limited to, participation in an interview with investigators
or representatives of the healing arts board.
(g) If a board complies with Section 2225, that board shall not be
subject to the requirements of this section.
(h) This section shall not apply to a licensee who does not have
access to, and control over, certified medical records.
720.18. (a) (1) Notwithstanding any other provision of law, a
licensee who fails or refuses to comply with a request for the
certified medical records of a patient, that is accompanied by that
patient's written authorization for release of records to a healing
arts board, within 10 15 days of
receiving the request and authorization, shall pay to the healing
arts board a civil penalty of up to one thousand dollars
($1,000) per day for each day that the documents have not been
produced after the 10th 15th day, up to
one hundred thousand dollars ($100,000) ten
thousand dollars ($10,000) , unless the licensee is unable to
provide the documents within this time period for good cause.
(2) A health care facility shall comply with a request for the
certified medical records of a patient that is accompanied by that
patient's written authorization for release of records to a healing
arts board together with a notice citing this section and describing
the penalties for failure to comply with this section. Failure to
provide the authorizing patient's certified medical records to the
healing arts board within 10 30 days of
receiving the request, authorization, and notice shall subject the
health care facility to a civil penalty, payable to the healing arts
board, of up to one thousand dollars ($1,000) per day for each day
that the documents have not been produced after the 10th
30th day, up to one hundred thousand
dollars ($100,000) ten thousand dollars ($10,000)
, unless the health care facility is unable to provide the
documents within this time period for good cause. This paragraph
shall not require health care facilities to assist a healing arts
board in obtaining the patient's authorization. A healing arts board
shall pay the reasonable costs of copying the certified medical
records, but shall not be required to make that payment prior to the
production of the medical records.
(b) (1) A licensee who fails or refuses to comply with a court
order, issued in the enforcement of a subpoena, mandating the release
of records to a healing arts board, shall pay to the healing arts
board a civil penalty of up to one thousand dollars ($1,000) per day
for each day that the documents have not been produced after the date
by which the court order requires the documents to be produced,
up to ten thousand dollars ($10,000), unless it is
determined that the order is unlawful or invalid. Any statute of
limitations applicable to the filing of an accusation by the healing
arts board shall be tolled during the period the licensee is out of
compliance with the court order and during any related appeals.
(2) Any licensee who fails or refuses to comply with a court
order, issued in the enforcement of a subpoena, mandating the release
of records to a board is guilty of a misdemeanor punishable by a
fine payable to the board not to exceed five thousand dollars
($5,000). The fine shall be added to the licensee's renewal fee if it
is not paid by the next succeeding renewal date. Any statute of
limitations applicable to the filing of an accusation by a healing
arts board shall be tolled during the period the licensee is out of
compliance with the court order and during any related appeals.
(3) A health care facility that fails or refuses to comply with a
court order, issued in the enforcement of a subpoena, mandating the
release of patient records to a healing arts board, that is
accompanied by a notice citing this section and describing the
penalties for failure to comply with this section, shall pay to the
healing arts board a civil penalty of up to one thousand dollars
($1,000) per day for each day that the documents have not been
produced, up to one hundred thousand dollars ($100,000)
ten thousand dollars ($10,000) , after the date
by which the court order
requires the documents to be produced, unless it is determined that
the order is unlawful or invalid. Any statute of limitations
applicable to the filing of an accusation by the board against a
licensee shall be tolled during the period the health care facility
is out of compliance with the court order and during any related
appeals.
(4) Any health care facility that fails or refuses to comply with
a court order, issued in the enforcement of a subpoena, mandating the
release of records to a healing arts board is guilty of a
misdemeanor punishable by a fine payable to the board not to exceed
five thousand dollars ($5,000). Any statute of limitations applicable
to the filing of an accusation by the healing arts board against a
licensee shall be tolled during the period the health care facility
is out of compliance with the court order and during any related
appeals.
(c) Multiple acts by a licensee in violation of subdivision (b)
shall be punishable by a fine not to exceed five thousand dollars
($5,000) or by imprisonment in a county jail not exceeding six
months, or by both that fine and imprisonment. Multiple acts by a
health care facility in violation of subdivision (b) shall be
punishable by a fine not to exceed five thousand dollars ($5,000),
shall be reported to the State Department of Public Health, and shall
be considered as grounds for disciplinary action with respect to
licensure, including suspension or revocation of the license or
certificate.
(d) A failure or refusal of a licensee to comply with a court
order, issued in the enforcement of a subpoena, mandating the release
of records to the healing arts board constitutes unprofessional
conduct and is grounds for suspension or revocation of his or her
license.
(e) Imposition of the civil penalties authorized by this section
shall be in accordance with the Administrative Procedure Act (Chapter
5 (commencing with Section 11500) of Division 3 of Title 2 of the
Government Code). Any civil penalties paid to, or received by, a
healing arts board pursuant to this section shall be deposited into
the fund administered by the healing arts board.
(f) For purposes of this section, "certified medical records"
means a copy of the patient's medical records authenticated by the
licensee or health care facility, as appropriate, on a form
prescribed by the licensee's board.
(g) For purposes of this section, a "health care facility" means a
clinic or health facility licensed or exempt from licensure pursuant
to Division 2 (commencing with Section 1200) of the Health and
Safety Code.
(h) If a board complies with Section 1684.5
1684.1 , 2225.5, or 2969, that board shall not be subject
to the requirements of this section.
(i) This section shall not apply to a licensee who does not have
access to, or control over, certified medical records.
720.20. (a) Notwithstanding any other provision of law, a state
agency shall, upon receiving a request in writing from a healing arts
board for records , immediately provide to the healing
arts board all records in the custody of the state agency, including,
but not limited to, confidential records, medical records, and
records related to closed or open investigations.
(b) If a state agency has knowledge that a person it is
investigating is licensed by a healing arts board, the state agency
shall notify the healing arts board that it is conducting an
investigation against one of its licentiates. The notification of
investigation to the healing arts board is to
shall include the name, address, and, if known, the
professional licensure licens e
type and license number of the person being investigated and
the name and address or telephone number of a person who can be
contacted for further information about the investigation. The state
agency shall cooperate with the healing arts board in providing any
requested information.
720.22. Notwithstanding any other provision of law, all local and
state law enforcement agencies, state and local governments, state
agencies, licensed health care facilities, and employers of a
licensee of a healing arts board shall provide records to the healing
arts board upon request prior to receiving payment from the board
for the cost of providing the records .
720.24. (a) Any Notwithstanding any other
provision of law, any employer of a health care licensee shall
report to the board the suspension or termination for cause, or any
resignation in lieu of suspension or termination for cause, of any
health care licensee in its employ within five
15 business days. The report shall not be made until after the
conclusion of the review process specified in Section 52.3 of Title
2 of the California Code of Regulations and Skelly v. State Personnel
Bd. (1975) 15 Cal.3d 194, for public employees. This required
reporting shall not constitute a waiver of confidentiality of medical
records. The information reported or disclosed shall be kept
confidential except as provided in subdivision (c) of Section 800 and
shall not be subject to discovery in civil cases.
(b) For purposes of the section, "suspension or termination for
cause" is defined as suspension or
"resignation in lieu of suspension or termination for cause" is
defined as resignation, suspension, or termination from
employment for any of the following reasons:
(1) Use of controlled substances or alcohol to the extent that it
impairs the licensee's ability to safely practice.
(2) Unlawful sale of a controlled substance or other prescription
items.
(3) Patient or client abuse, neglect, physical harm, or sexual
contact with a patient or client.
(4) Falsification of medical records.
(5)
(4) Gross negligence or incompetence.
(6)
(5) Theft from a patient or client, any other employee,
or the employer.
(c) Failure of an employer to make a report required by this
section is punishable by an administrative fine not to exceed one
hundred thousand dollars ($100,000) per violation.
(d) Pursuant to Section 43.8 of the Civil Code, no person shall
incur any civil penalty as a result of making any report required by
this chapter.
(e) This section shall not apply to any of the reporting
requirements under Section 805.
(c) As used in this section, the following definitions apply:
(1) "Gross negligence" means a substantial departure from the
standard of care, which, under similar circumstances, would have
ordinarily been exercised by a competent licensee, and which has or
could have resulted in harm to the consumer. An exercise of so slight
a degree of care as to justify the belief that there was a conscious
disregard or indifference for the health, safety, or welfare of the
consumer shall be considered a substantial departure from the
standard of care.
(2) "Incompetence" means the lack of possession of and the failure
to exercise that degree of learning, skill, care, and experience
ordinarily possessed by a responsible licensee.
(3) "Willful" means a knowing and intentional violation of a known
legal duty.
(d) (1) Willful failure of an employer to make a report required
by this section is punishable by an administrative fine not to exceed
one hundred thousand dollars ($100,000) per violation.
(2) Any failure of an employer, other than willful failure, to
make a report required by this section is punishable by an
administrative fine not to exceed fifty thousand dollars ($50,000).
(e) Pursuant to Section 43.8 of the Civil Code, no person shall
incur any civil penalty as a result of making any report required by
this article.
(f) No report is required under this section where a report of the
action taken is already required under Section 805.
720.26. (a) Each healing arts board shall report annually to the
department and the Legislature, not later than October 1 of each
year, the following information:
(1) The total number of consumer calls received by the board and
the number of consumer calls or letters designated as
discipline-related complaints.
(2) The total number of complaint forms received by the board.
(3) The total number of reports received by the board pursuant to
Sections 801, 801.01, and 803, as applicable.
(4) The total number of coroner reports received by the board.
(5) The total number of convictions reported to the board.
(6) The total number of criminal filings reported to the board.
(7) If the board is authorized to receive reports pursuant to
Section 805, the total number of Section 805 reports received by the
board, by the type of peer review body reporting and, where
applicable, the type of health care facility involved, and the total
number and type of administrative or disciplinary actions taken by
the board with respect to the reports, and their disposition.
(8) The total number of complaints closed or resolved without
discipline, prior to accusation.
(9) The total number of complaints and reports referred for formal
investigation.
(10) The total number of accusations filed and the final
disposition of accusations through the board and court review,
respectively.
(11) The total number of citations issued, with fines and without
fines, and the number of public letters of reprimand, letters of
admonishment, or other similar action issued, if applicable.
(12) The total number of final licensee disciplinary actions
taken, by category.
(13) The total number of cases in process for more than six
months, more than 12 months, more than 18 months, and more than 24
months, from receipt of a complaint by the board.
(14) The average and median time in processing complaints, from
original receipt of the complaint by the board, for all cases, at
each stage of the disciplinary process and court review,
respectively.
(15) The total number of licensees in diversion or on probation
for alcohol or drug abuse or mental disorder, and the number of
licensees successfully completing diversion programs or probation,
and failing to do so, respectively.
(16) The total number of probation violation reports and probation
revocation filings, and their dispositions.
(17) The total number of petitions for reinstatement, and their
dispositions.
(18) The total number of caseloads of investigators for original
cases and for probation cases, respectively.
(b) "Action," for purposes of this section, includes proceedings
brought by, or on behalf of, the healing arts board against licensees
for unprofessional conduct that have not been finally adjudicated,
as well as disciplinary actions taken against licensees.
(c) If a board A board that complies
with Section 2313 , that board shall not be
subject to the requirements of this section.
720.28. Unless otherwise provided, on or after July 1, 2013,
every healing arts board shall post on the Internet the following
information in its possession, custody, or control regarding every
licensee for which the board licenses:
(a) With regard to the status of every healing arts license,
whether or not the licensee or former licensee is in good
standing, subject to a temporary restraining order, subject to an
interim suspension order, subject to a restriction or cease practice
ordered pursuant to Section 23 of the Penal Code, or subject to any
of the enforcement actions described in Section 803.1.
(b) With regard to prior discipline of a licensee, whether or not
the licensee or former licensee has been subject to
discipline by the healing arts board or by the board of another state
or jurisdiction, as described in Section 803.1.
(c) Any felony conviction of a licensee reported to the healing
arts board after January 3, 1991 .
(d) All current accusations filed by the Attorney General,
including those accusations that are on appeal. For purposes of this
paragraph, "current accusation" means an accusation that has not been
dismissed, withdrawn, or settled, and has not been finally decided
upon by an administrative law judge and the board unless an appeal of
that decision is pending.
(e) Any malpractice judgment or arbitration award imposed against
a licensee and reported to the healing arts board after
January 1, 1993 .
(f) Any hospital disciplinary action imposed against a licensee
that resulted in the termination or revocation of a licensee's
hospital staff privileges for a medical disciplinary cause or reason
pursuant to Section 720.18 or 805.
(g) Any misdemeanor conviction of a licensee that results in a
disciplinary action or an accusation that is not subsequently
withdrawn or dismissed.
(h) Appropriate disclaimers and explanatory statements to
accompany the above information, including an explanation of what
types of information are not disclosed. These disclaimers and
statements shall be developed by the healing arts board and shall be
adopted by regulation.
720.30. (a) The office of the Attorney General shall serve, or
submit to a healing arts board for service, an accusation within 60
calendar days of receipt from the healing arts board.
(b) The office of the Attorney General shall serve, or submit to a
healing arts board for service, a default decision within five days
following the time period allowed for the filing of a notice of
defense.
(c) The office of the Attorney General shall set a hearing date
within three days of receiving a notice of defense, unless the
healing arts board gives the office of the Attorney General
instruction otherwise.
720.32. (a) Whenever it appears that an applicant for a license,
certificate, or permit from a healing arts board may be unable to
practice his or her profession safely because the applicant's ability
to practice would may be impaired due
to mental illness, or physical illness affecting competency, the
healing arts board may order the applicant to be examined by one or
more physicians and surgeons or psychologists designated by the
healing arts board. The report of the examiners shall be made
available to the applicant and may be received as direct evidence in
proceedings conducted pursuant to Chapter 2 (commencing with Section
480) of Division 1.5.
(b) An applicant's failure to comply with an order issued under
subdivision (a) shall authorize the board to deny an applicant a
license, certificate, or permit.
(c) A healing arts board shall not grant a license, certificate,
or permit until it has received competent evidence of the absence or
control of the condition that caused its action and until it is
satisfied that with due regard for the public health and safety the
person may safely practice the profession for which he or she seeks
licensure.
720.34. (a) An applicant for a license, certificate, or permit
from a healing arts board who is otherwise eligible for that license
but is unable to practice some aspects of his or her profession
safely due to a disability may receive a limited license if he or she
does both of the following:
(1) Pays the initial licensure fee.
(2) Signs an agreement on a form prescribed by the healing arts
board in which the applicant agrees to limit his or her practice in
the manner prescribed by the healing arts board.
(b) The healing arts board may require the applicant described in
subdivision (a) to obtain an independent clinical evaluation of his
or her ability to practice safely as a condition of receiving a
limited license under this section.
(c) Any person who knowingly provides false information in the
agreement submitted pursuant to subdivision (a) shall be subject to
any sanctions available to the healing arts board.
720.35. (a) Each Each healing arts board
listed in Section 720 shall report to the National Practitioner Data
Bank and the Healthcare Integrity and Protection Data Bank the
following information on each of its licensees:
(1) Any adverse action taken by the board as a result of any
disciplinary proceeding, including any revocation or suspension of a
license and the length of that suspension, or any reprimand, censure,
or probation.
(2) Any dismissal or closure of a disciplinary proceeding by
reason of a licensee surrendering his or her license or leaving the
state.
(3) Any other loss of the license of a licensee, whether by
operation of law, voluntary surrender, or otherwise.
(4) Any negative action or finding by the board regarding a
licensee.
(b) Each healing arts board shall
conduct a search on the National Practitioner Data Bank and the
Healthcare Integrity and Protection Data Bank prior to granting or
renewing a license, certificate, or permit to an applicant
who is licensed by another state .
(b)
(c) A healing arts board may charge a fee to cover the
actual cost to conduct the search specified in subdivision
(a) (b) .
720.36. (a) Unless otherwise provided, if a licensee possesses a
license or is otherwise authorized to practice in any state other
than California or by any agency of the federal government and that
license or authority is suspended or revoked outright and is reported
to the National Practitioner Data Bank, the California license of
the licensee shall be suspended automatically for the duration of the
suspension or revocation, unless terminated or rescinded as provided
in subdivision (c). The healing arts board shall notify the licensee
of the license suspension and of his or her right to have the issue
of penalty heard as provided in this section.
(b) Upon its own motion or for good cause shown, a healing arts
board may decline to impose or may set aside the suspension when it
appears to be in the interest of justice to do so, with due regard to
maintaining the integrity of, and confidence in, the specific
healing art.
(c) The issue of penalty shall be heard by an administrative law
judge sitting alone or with a panel of the board, in the discretion
of the board. A licensee may request a hearing on the penalty and
that hearing shall be held within 90 days from the date of the
request. If the order suspending or revoking the license or authority
to practice is overturned on appeal, any discipline ordered pursuant
to this section shall automatically cease. Upon a showing to the
administrative law judge or panel by the licensee that the
out-of-state action is not a basis for discipline in California, the
suspension shall be rescinded. If an accusation for permanent
discipline is not filed within 90 days of the suspension imposed
pursuant to this section, the suspension shall automatically
terminate.
(d) The record of the proceedings that resulted in the suspension
or revocation of the licensee's out-of-state license or authority to
practice, including a transcript of the testimony therein, may be
received in evidence.
(e) This section shall not apply to a licensee who maintains his
or her primary practice in California, as evidenced by having
maintained a practice in this state for not less than one year
immediately preceding the date of suspension or revocation. Nothing
in this section shall preclude a licensee's license from being
suspended pursuant to any other provision of law.
(f) This section shall not apply to a licensee whose license has
been surrendered, whose only discipline is a medical staff
disciplinary action at a federal hospital and not for medical
disciplinary cause or reason as that term is defined in Section 805,
or whose revocation or suspension has been stayed, even if the
licensee remains subject to terms of probation or other discipline.
(g) This section shall not apply to a suspension or revocation
imposed by a state that is based solely on the prior discipline of
the licensee by another state.
(h) The other provisions of this article setting forth a procedure
for the suspension or revocation of a licensee's license or
certificate shall not apply to summary suspensions issued pursuant to
this section. If a summary suspension has been issued pursuant to
this section, the licensee may request that the hearing on the
penalty conducted pursuant to subdivision (c) be held at the same
time as a hearing on the accusation.
(i) A board that complies with Section 2310 shall not be subject
to the requirements of this section.
720.36. Unless it is
720.37. Unless otherwise expressly
provided, any person, whether licensed pursuant to this division or
not, who violates any provision of this article is guilty of a
misdemeanor and shall be punished by a fine of not less than two
hundred dollars ($200) nor more than one thousand two hundred dollars
($1,200), or by imprisonment in a county jail for a term
of not less than 60 days nor no more than 180 days, or by both the
fine and imprisonment.
720.38. (a) The Emergency Health Care Enforcement Reserve Fund is
hereby established in the State Treasury, to be administered by the
department. Notwithstanding Section 13340 of the Government Code, all
moneys in the fund are hereby continuously appropriated and shall be
used to support the investigation and prosecution of any matter
within the authority of any of the healing arts boards. The
department, upon direction of a healing arts board, shall pay out the
funds or approve such payments as deemed necessary from those funds
as have been designated for the purpose of this section.
(b) Notwithstanding any other law, the funds of the Emergency
Health Care Enforcement Reserve Fund are those moneys from the
healing arts board's individual funds, which shall be deposited into
the Emergency Health Care Enforcement Reserve Fund when the amount
within those funds exceeds more than four months operating
expenditures of the healing arts board.
(c) Notwithstanding any other law, the department, with approval
of a healing arts board, may loan to any other board moneys necessary
for the purpose of this section when it has been established that
insufficient funds exist for that board, provided that the moneys
will be repaid.
720.40. Notwithstanding any other provision of law, if a healing
arts board's fund reserve exceeds its statutory maximum, the board
may lower its fees by resolution in order to reduce its reserves to
an amount below its maximum.
720.42. (a) The Legislature finds that there are occasions when a
healing arts board, as listed in Section 720, urgently requires
additional expenditure authority in order to fund unanticipated
enforcement and litigation activities. Without sufficient expenditure
authority to obtain the necessary additional resources for urgent
litigation and enforcement matters, the board is unable to adequately
protect the public. Therefore, it is the intent of the Legislature
that, apart from, and in addition to, the expenditure authority that
may otherwise be established, the healing arts boards, as listed in
Section 720, shall be given the increase in its expenditure authority
in any given current fiscal year that is authorized by the
Department of Finance pursuant to the provisions of subdivision (b)
of this section, for costs and services in urgent litigation and
enforcement matters, including, but not limited to, costs for the
services of the Attorney General and the Office of Administrative
Hearings.
(b) Notwithstanding any other provision of law, upon the request
of the department, the Department of Finance may augment the amount
available for expenditures to pay enforcement costs for the services
of the Attorney General's Office and the Office of Administrative
Hearings. If an augmentation exceeds 20% of the board's budget for
the Attorney General, it may be made no sooner than 30 days after
notification in writing to chairpersons of the committees in each
house of the Legislature that consider appropriations and the
Chairperson of the Joint Legislative Budget Committee, or no sooner
than whatever lesser time the chairperson of the Joint Legislative
Budget Committee may in each instance determine.
SEC. 13. SEC. 14. Section 726 of the
Business and Professions Code is amended to read:
726. (a) The commission of any act of sexual abuse, misconduct,
or relations with a patient, client, or customer constitutes
unprofessional conduct and grounds for disciplinary action for any
person licensed under this division, and under any initiative act
referred to in this division.
(b) For purposes of Division 1.5 (commencing with Section 475),
and the licensing laws and regulations of a healing arts
board, as defined in Section 720, the commission of, and
conviction for, any act of sexual abuse, sexual misconduct, or
attempted sexual misconduct, whether or not with a patient, or
conviction of a felony requiring registration pursuant to Section 290
of the Penal Code shall be considered a crime substantially related
to the qualifications, functions, or duties of a licensee of a
healing arts board listed in Section 720 .
(c) This section shall not apply to sexual contact between a
physician and surgeon and his or her spouse or person in an
equivalent domestic relationship when that physician and surgeon
provides medical treatment, other than psychotherapeutic treatment,
to his or her spouse or person in an equivalent domestic
relationship.
SEC. 14. SEC. 15. Section 734 is added
to the Business and Professions Code, to read:
734. (a) The conviction of a charge of violating any federal
statute or regulation or any statute or regulation of this state
regulating dangerous drugs or controlled substances constitutes
unprofessional conduct. The record of the conviction is conclusive
evidence of the unprofessional conduct. 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 section.
(b) Discipline may be ordered against a licensee in accordance
with the laws and regulations of the healing arts board or the board
may order the denial of the license 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 the provisions
of Section 1203.4 of the Penal Code allowing that 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,
complaint, information, or indictment.
SEC. 15. SEC. 16. Section 735 is
added to the Business and Professions Code, to read:
735. A violation of any federal statute or federal regulation or
any of the statutes or regulations of this state regulating dangerous
drugs or controlled substances constitutes unprofessional conduct.
SEC. 16. SEC. 17. Section 736 is
added to the Business and Professions Code, to read:
736. (a) The use or prescribing for or administering to himself
or herself of any controlled substance; or the use of any of the
dangerous drugs specified in Section 4022, or of alcoholic beverages,
to the extent or in such a manner as to be dangerous or injurious to
the licensee, or to any other person or to the public, or to the
extent that the use impairs the ability of the licensee to practice
safely; or any misdemeanor or felony involving the use, consumption,
or self-administration of any of the substances referred to in this
section, or any combination thereof, constitutes unprofessional
conduct. The record of the conviction is conclusive evidence of the
unprofessional conduct.
(b) 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 section. Discipline may be ordered against a licensee in
accordance with the laws and regulations of the healing arts board or
the board may order the denial of the license 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
imposition of sentence, irrespective of a subsequent order under the
provisions of Section 1203.4 of the Penal Code allowing that 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, complaint, information, or indictment.
(c) A violation of subdivision (a) is a misdemeanor punishable by
a fine of up to ten thousand dollars ($10,000), imprisonment in the
county jail of up to six months, or both the fine and imprisonment.
SEC. 17. SEC. 18. Section 737 is
added to the Business and Professions Code, to read:
737. It shall be unprofessional conduct for any licensee of a
healing arts board to fail to comply with the following:
(a) Furnish information in a timely manner to the healing arts
board or the board's investigators or representatives if
legally requested by the board.
(b) Cooperate and participate in any disciplinary
investigation or other regulatory or disciplinary
proceeding pending against himself or herself
the licensee . However, this subdivision shall not be
construed to deprive a licensee of any privilege guaranteed by the
Fifth Amendment to the Constitution of the United States, or any
other constitutional or statutory privileges. This subdivision shall
not be construed to require a licensee to cooperate with a request
that requires him or her to waive any constitutional or statutory
privilege or to comply with a request for information or other
matters within an unreasonable period of time in light of the time
constraints of the licensee's practice. Any exercise by a licensee of
any constitutional or statutory privilege shall not be used against
the licensee in a regulatory or disciplinary proceeding against
him or her the licensee .
SEC. 18. SEC. 19. Section 802.1 of
the Business and Professions Code is amended to read:
802.1. (a) (1) A licensee of a healing arts board
defined under Section 720 shall submit a written report of
listed in Section 720 shall report any of the following to
the entity that issued his or her license:
(A) The bringing of an indictment or information charging a felony
against the licensee.
(B) The arrest of the licensee.
(C) The conviction of the licensee, including any verdict of
guilty, or plea of guilty or no contest, of any felony or
misdemeanor.
(D) Any disciplinary action taken by another licensing entity or
authority of this state or of another state or an agency of the
federal government .
(2) The report required by this subdivision shall be made in
writing within 30 days of the date of the bringing of the indictment
or the charging of a felony, the arrest, the conviction, or the
disciplinary action.
(b) Failure to make a report required by this section shall be a
public offense punishable by a fine not to exceed five thousand
dollars ($5,000). dollars ($5,000) and shall
constitute unprofessional conduct.
SEC. 20. Section 802.2 is added to the
Business and Professions Code , to read:
802.2. A licensee of a healing arts board listed in Section 720
shall identify himself or herself as a licensee of the board to law
enforcement and the court upon being arrested or charged with a
misdemeanor or felony. The healing arts boards shall inform its
licensees of this requirement.
SEC. 19. SEC. 21. Section 803 of the
Business and Professions Code is amended to read:
803. (a) Except as provided in subdivision (b), 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 a healing arts
board defined listed in Section 720,
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.
(b) For purposes of a physician and surgeon, osteopathic physician
and surgeon, or doctor of podiatric medicine, who 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 board
that issued the license.
SEC. 20. SEC. 22. Section 803.5 of
the Business and Professions Code is amended to read:
803.5. (a) The district attorney, city attorney, or other
prosecuting agency shall notify the appropriate healing
arts board defined listed in Section
720 and the clerk of the court in which the charges have been filed,
of any filings against a licensee of that board charging a felony
immediately upon obtaining information that the defendant is a
licensee of the board. The notice shall identify the licensee and
describe the crimes charged and the facts alleged. The prosecuting
agency shall also notify the clerk of the court in which the action
is pending that the defendant is a licensee, and the clerk shall
record prominently in the file that the defendant holds a license
from one of the boards described above.
(b) The clerk of the court in which a licensee of one of the
boards is convicted of a crime shall, within 48 hours after the
conviction, transmit a certified copy of the record of conviction to
the applicable board.
SEC. 21. Section 803.6 of the Business and
Professions Code is amended to read:
803.6. (a) The clerk of the court shall transmit any felony
preliminary hearing transcript concerning a defendant licensee to the
appropriate healing arts boards defined in Section 720 where the
total length of the transcript is under 800 pages and shall notify
the appropriate board of any proceeding where the transcript exceeds
that length.
(b) In any case where a probation report on a licensee is prepared
for a court pursuant to Section 1203 of the Penal Code, a copy of
that report shall be transmitted by the probation officer to the
appropriate board.
SEC. 23. Section 803.6 of the Business
and Professions Code is amended to read:
803.6. (a) The clerk of the court shall transmit any felony
preliminary hearing transcript concerning a defendant licensee to the
Medical Board of California, the Osteopathic Medical Board
of California, the California Board of Podiatric Medicine, or other
appropriate allied health board, as applicable,
appropriate healing arts board listed in Section 720 where the
total length of the transcript is under 800 pages and shall notify
the appropriate board of any proceeding where the transcript exceeds
that length.
(b) In any case where a probation report on a licensee is prepared
for a court pursuant to Section 1203 of the Penal Code, a copy of
that report shall be transmitted by the probation officer to the
appropriate healing arts board.
SEC. 22. SEC. 24. Section 803.7 is
added to the Business and Professions Code, to read:
803.7. The Department of Justice shall ensure that subsequent
reports authorized to be issued to any board identified in Section
101 are submitted to that board within 30 days from notification of
subsequent arrests, convictions, or other updates.
SEC. 23. Article 15 (commencing with Section
870) is added to Chapter 1 of Division 2 of the Business and
Professions Code, to read:
Article 15. Healing Arts Licensing Fees
870. (a) Notwithstanding any provision of law establishing a fee
or a fee range in this division, the department may annually
establish a maximum fee amount for each healing arts board, as
defined in Section 720, adjusted consistent with the California
Consumer Price Index.
(b) The department shall promulgate regulations pursuant to the
Administrative Procedures Act to establish the maximum fee amount
calculated pursuant to subdivision (a).
(c) A healing arts board, as defined in Section 720, shall
establish, through regulations, the specific amount of all fees
authorized by statute at a level that is at or below the amount
established pursuant to subdivision (b).
SEC. 24. SEC. 25. Article 16
(commencing with Section 880) is added to Chapter 1 of Division 2 of
the Business and Professions Code, to read:
Article 16. Unlicensed Practice
880. (a) (1) It is a public offense, punishable by a fine not to
exceed one hundred thousand dollars ($100,000), by imprisonment in a
county jail not to exceed one year, or by both that fine and
imprisonment, for a person to do any of the following:
for:
(A) Any person who does not hold a current and valid license to
practice a healing art under this division who engages in that
practice.
(B) Any person who fraudulently buys, sells, or obtains a license
to practice any healing art in this division or to violate any
provision of this division.
(C) Any person who represents himself or herself as engaging or
authorized to engage in a healing art of this division who is not
authorized to do so.
(2) Subparagraph (A) of paragraph (1) shall not apply to any
person who is already being charged with a crime under the specific
healing arts licensing provisions for which he or she engaged in
unauthorized practice.
(b) Notwithstanding any other provision of law, any person who is
licensed under this division, but who is not authorized to
provide some or all services of another healing art, who practices or
supervises the practice of those unauthorized
services any person who does not hold a current and
valid license to practice a healing art under this
division , is guilty of a public crime, punishable by a fine
not to exceed one hundred thousand dollars ($100,000), by
imprisonment in a county jail not to exceed one year, or by both that
fine and imprisonment.
SEC. 26. Section 1005 of the Business
and Professions Code is amended to read:
1005. The provisions of Sections 12.5, 23.9, 29.5, 30, 31, 35,
104, 114, 115, 119, 121, 121.5, 125, 125.3. 125.4, 125.6,
125.9, 136, 137, 140, 141, 143, 155, 163.5,
461, 462, 475, 480, 484, 485, 487, 489, 490, 490.5, 491, 494, 495,
496, 498, 499, 510, 511, 512, 701, 702, 703, 704, 710, 716,
720.2, 720.4, 720.8, 720.10, 720.12, 720.14, 720.16, 720.18, 720.20,
720.22, 720.24, 720.28, 720.30, 720.32, 720.35, 720.36, 730.5,
731, and 734, 735, 736, 737, 802.1, 803,
803.5, 803.6, 803.7, 851 , and 880 are applicable to
persons licensed by the State Board of Chiropractic Examiners under
the Chiropractic Act.
SEC. 27. Section 1006 is added to the
Business and Professions Code , to read:
1006. (a) Notwithstanding any other provision of law, upon
receipt of evidence that a licensee of the State Board of
Chiropractic Examiners has engaged in conduct that poses an imminent
risk of serious harm to the public health, safety, or welfare, the
executive officer may issue a temporary order that the licensee cease
all practice and activities that require a license by the board.
(b) Before the executive officer may take any action pursuant to
this section, the board shall delegate to the executive officer
authority to issue a temporary cease practice order as specified in
subdivision (a). The board may, by affirmative vote, rescind the
executive officer's authority to issue cease temporary practice
orders pursuant to subdivision (a).
(c) A licensee may appeal the temporary cease practice order
decision pursuant to the provisions of Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code.
(d) Any temporary order to cease practice issued pursuant to this
section shall automatically be vacated within 90 days of issuance, or
until the board files a petition pursuant to Section 494 for an
interim suspension order and the petition is denied or granted,
whichever occurs first.
(e) A licensee who fails or refuses to comply with a temporary
order of the executive officer to cease practice pursuant to this
section shall be subject to disciplinary action to revoke or suspend
his or her license and by the board and an administrative fine
assessed by the board not to exceed twenty-five thousand dollars
($25,000). The remedies provided herein are in addition to any other
authority of the board to sanction a licensee for practicing or
engaging in activities subject to the jurisdiction of the board
without proper legal authority.
(f) Upon receipt of new information, the executive officer shall
review the basis for the interim license suspension order pursuant to
subdivision (d) to determine if the grounds for the suspension
continue to exist. The executive officer may vacate the suspension
order, if he or she believes that the suspension is no longer
necessary to protect the public health, safety, or welfare as
described in subdivision (a) of Section 494.
(g) Any order to cease practice including an order pursuant to
Section 494 shall be displayed on the board's Internet Web site,
except that if the executive officer vacates the suspension order
pursuant to subdivision (e), the petition and order shall be removed
from the respective board's Internet Web site.
(h) Temporary suspension orders shall be subject to judicial
review pursuant to Section 1094.5 of the Code of Civil Procedure and
shall be heard only in the superior court in, and for, the Counties
of Sacramento, San Francisco, Los Angeles, or San Diego.
(i) For the purposes of this section, "imminent risk of serious
harm to the public health, safety, or welfare" means that there is a
reasonable likelihood that permitting the licensee to continue to
practice will result in serious physical or emotional injury,
unlawful sexual contact, or death to an individual or individuals
within the next 90 days.
SEC. 28. Section 1007 is added to the
Business and Professions Code , to read:
1007. (a) The State Board of Chiropractic Examiners shall report
annually to the Legislature, not later than October 1 of each year,
the following information:
(1) The total number of consumer calls received by the board and
the number of consumer calls or letters designated as
discipline-related complaints.
(2) The total number of complaint forms received by the board.
(3) The total number of reports received by the board pursuant to
Sections 801, 801.01, and 803, as applicable.
(4) The total number of coroner reports received by the board.
(5) The total number of convictions reported to the board.
(6) The total number of criminal filings reported to the board.
(7) The total number of complaints closed or resolved without
discipline, prior to accusation.
(8) The total number of complaints and reports referred for formal
investigation.
(9) The total number of accusations filed and the final
disposition of accusations through the board and court review,
respectively.
(10) The total number of citations issued, with fines and without
fines, and the number of public letters of reprimand, letters of
admonishment, or other similar action issued, if applicable.
(11) The total number of final licensee disciplinary actions
taken, by category.
(12) The total number of cases in process for more than six
months, more than 12 months, more than 18 months, and more than 24
months, from receipt of a complaint by the board.
(13) The average and median time in processing complaints, from
original receipt of the complaint by the board, for all cases, at
each stage of the disciplinary process and court review,
respectively.
(14) The total number of licensees in diversion or on probation
for alcohol or drug abuse or mental disorder, and the number of
licensees successfully completing diversion programs or probation,
and failing to do so, respectively.
(15) The total number of probation violation reports and probation
revocation filings, and their dispositions.
(16) The total number of petitions for reinstatement, and their
dispositions.
(17) The total number of caseloads of investigators for original
cases and for probation cases, respectively.
(b) "Action," for purposes of this section, includes proceedings
brought by, or on behalf of, the board against licensees for
unprofessional conduct that have not been finally adjudicated, as
well as disciplinary actions taken against licensees.
SEC. 25. SEC. 29. Section 1699.2 is
added to the Business and Professions Code, to read:
1699.2. This article shall remain in effect only until January
1, 2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 26. SEC. 30. Section 2372 is
added to the Business and Professions Code, to read:
2372. This article shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 27. SEC. 31. Section 2669.2 is
added to the Business and Professions Code, to read:
2669.2. This article shall remain in effect only until January
1, 2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 28. SEC. 32. Section 2715 of
the Business and Professions Code is amended to read:
2715. The board shall prosecute all persons guilty of violating
the provisions of this chapter.
The board, in accordance with the provisions of the Civil Service
Law, may employ investigators, nurse consultants, and other
personnel as it deems necessary to carry into effect the provisions
of this chapter. Investigators employed by the board shall be
provided special training in investigating alleged nursing
practice activities violations .
The board shall have and use a seal bearing the name "Board of
Registered Nursing." The board may adopt, amend, or repeal, in
accordance with the provisions of Chapter 4.5 (commencing with
Section 11371) of Part 1 of Division 3 of Title 2 of the Government
Code, such rules and regulations as may be reasonably necessary to
enable it to carry into effect the provisions of this chapter.
SEC. 29. SEC. 33. Section 2770.18 is
added to the Business and Professions Code, to read:
2770.18. This article shall remain in effect only until January
1, 2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 34. Section 2815.6 is added to the
Business and Professions Code , to read:
2815.6. (a) It is the intent of the Legislature that,
notwithstanding Section 128.5, in order to maintain an appropriate
fund reserve, and in setting fees pursuant to this chapter, the Board
of Registered Nursing shall seek to maintain a reserve in the Board
of Registered Nursing Fund of not less than three and no more than
six months' operating expenditures.
SEC. 30. SEC. 35. Section 3534.12 is
added to the Business and Professions Code, to read:
3534.12. This article shall remain in effect only until January
1, 2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 31. SEC. 36. Section 4375 is
added to the Business and Professions Code, to read:
4375. This article shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 32. SEC. 37. Section 4873.2 is
added to the Business and Professions Code, to read:
4873.2. This article shall remain in effect only until January
1, 2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 33. Section 12529 of the Government Code,
as amended by Section 8 of Chapter 505 of the Statutes of 2009, is
amended to read:
12529. (a) There is in the Department of Justice the Health
Quality Enforcement Section. The primary responsibility of the
section is to investigate and prosecute proceedings against licensees
and applicants within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, the Board of
Psychology, any committee under the jurisdiction of the Medical Board
of California, or any other healing arts board, as defined in
Section 720 of the Business and Professions Code, as requested by the
executive officer of that board.
(b) The Attorney General shall appoint a Senior Assistant Attorney
General of the Health Quality Enforcement Section. The Senior
Assistant Attorney General of the Health Quality Enforcement Section
shall be an attorney in good standing licensed to practice in the
State of California, experienced in prosecutorial or administrative
disciplinary proceedings and competent in the management and
supervision of attorneys performing those functions.
(c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the most
complex and varied types of disciplinary actions against the
licensees of the boards.
(d) Funding for the Health Quality Enforcement Section shall be
budgeted in consultation with the Attorney General from the special
funds financing the operations of the Medical Board of California,
the California Board of Podiatric Medicine, the Board of Psychology,
the committees under the jurisdiction of the Medical Board of
California, and any other healing arts board, as defined in Section
720 of the Business and Professions Code, with the intent that the
expenses be proportionally shared as to services rendered.
(e) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 34. Section 12529 of the Government Code,
as amended by Section 9 of Chapter 505 of the Statutes of 2009, is
amended to read:
12529. (a) There is in the Department of Justice the Health
Quality Enforcement Section. The primary responsibility of the
section is to prosecute proceedings against licensees and applicants
within the jurisdiction of the Medical Board of California, the
California Board of Podiatric Medicine, the Board of Psychology, any
committee under the jurisdiction of the Medical Board of California,
or any other healing arts board, as defined in Section 720 of the
Business and Professions Code, as requested by the executive officer
of that board, and to provide ongoing review of the investigative
activities conducted in support of those prosecutions, as provided in
subdivision (b) of Section 12529.5.
(b) The Attorney General shall appoint a Senior Assistant Attorney
General of the Health Quality Enforcement Section. The Senior
Assistant Attorney General of the Health Quality Enforcement Section
shall be an attorney in good standing licensed to practice in the
State of California, experienced in prosecutorial or administrative
disciplinary proceedings and competent in the management and
supervision of attorneys performing those functions.
(c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the most
complex and varied types of disciplinary actions against the
licensees of the boards.
(d) Funding for the Health Quality Enforcement Section shall be
budgeted in consultation with the Attorney General from the special
funds financing the operations of the Medical Board of California,
the California Board of Podiatric Medicine, the Board of Psychology,
the committees under the jurisdiction of the Medical Board of
California, and any other healing arts board, as defined in Section
720 of the Business and Professions Code, with the intent that the
expenses be proportionally shared as to services rendered.
(e) This section shall become operative January 1, 2013.
SEC. 35. Section 12529.5 of the Government
Code, as amended by Section 10 of Chapter 505 of the Statutes of
2009, is amended to read:
12529.5. (a) All complaints or relevant information concerning
licensees that are within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, or the Board
of Psychology shall be made available to the Health Quality
Enforcement Section. Complaints or relevant information may be
referred to the Health Quality Enforcement Section as determined by
the executive officer of any other healing arts board, as defined in
Section 720 of the Business and Professions Code.
(b) The Senior Assistant Attorney General of the Health Quality
Enforcement Section shall assign attorneys to work on location at the
intake unit of the Medical Board of California, the California Board
of Podiatric Medicine, or the Board of Psychology, and shall assign
attorneys to work on location at the Health Quality Enforcement Unit
of the Division of Investigation of the Department of Consumer
Affairs to assist in evaluating and screening complaints and to
assist in developing uniform standards and procedures for processing
complaints.
(c) The Senior Assistant Attorney General or his or her deputy
attorneys general shall assist the boards, committees, and the
Division of Investigation in designing and providing initial and
in-service training programs for staff of the boards or committees,
including, but not limited to, information collection and
investigation.
(d) The determination to bring a disciplinary proceeding against a
licensee of the boards shall be made by the executive officer of the
boards or committees as appropriate in consultation with the senior
assistant.
(e) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 36. Section 12529.5 of the Government
Code, as amended by Section 11 of Chapter 505 of the Statutes of
2009, is amended to read:
12529.5. (a) All complaints or relevant information concerning
licensees that are within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, or the Board
of Psychology shall be made available to the Health Quality
Enforcement Section. Complaints or relevant information may be
referred to the Health Quality Enforcement Section as determined by
the executive officer of any other healing arts board, as defined in
Section 720 of the Business and Professions Code.
(b) The Senior Assistant Attorney General of the Health Quality
Enforcement Section shall assign attorneys to assist the boards in
intake and investigations, shall assign attorneys to work on location
at the Health Quality Enforcement Unit of the Division of
Investigation of the Department of Consumer Affairs, and to direct
discipline-related prosecutions. Attorneys shall be assigned to work
closely with each major intake and investigatory unit of the boards,
to assist in the evaluation and screening of complaints from receipt
through disposition and to assist in developing uniform standards and
procedures for the handling of complaints and investigations.
A deputy attorney general of the Health Quality Enforcement
Section shall frequently be available on location at each of the
working offices at the major investigation centers of the boards, to
provide consultation and related services and engage in case review
with the boards' investigative, medical advisory, and intake staff
and the Division of Investigation. The Senior Assistant Attorney
General and deputy attorneys general working at his or her direction
shall consult as appropriate with the investigators of the boards,
medical advisors, and executive staff in the investigation and
prosecution of disciplinary cases.
(c) The Senior Assistant Attorney General or his or her deputy
attorneys general shall assist the boards or committees in designing
and providing initial and in-service training programs for staff of
the boards or committees, including, but not limited to, information
collection and investigation.
(d) The determination to bring a disciplinary proceeding against a
licensee of the boards shall be made by the executive officer of the
boards or committees as appropriate in consultation with the senior
assistant.
(e) This section shall become operative January 1, 2013.
SEC. 37. Section 12529.6 of the Government Code
is amended to read:
12529.6. (a) The Legislature finds and declares that the healing
arts boards, as defined in Section 720 of the Business and
Professions Code, by ensuring the quality and safety of health care,
perform one of the most critical functions of state government.
Because of the critical importance of a board's public health and
safety function, the complexity of cases involving alleged misconduct
by health care practitioners, and the evidentiary burden in a
healing arts board's disciplinary cases, the Legislature finds and
declares that using a vertical enforcement and prosecution model for
those investigations is in the best interests of the people of
California.
(b) Notwithstanding any other provision of law, each complaint
that is referred to a district office of the Medical Board of
California, the California Board of Podiatric Medicine, the Board of
Psychology, or the Health Quality Enforcement Unit for investigation
shall be simultaneously and jointly assigned to an investigator and
to the deputy attorney general in the Health Quality Enforcement
Section responsible for prosecuting the case if the investigation
results in the filing of an accusation. The joint assignment of the
investigator and the deputy attorney general shall exist for the
duration of the disciplinary matter. During the assignment, the
investigator so assigned shall, under the direction but not the
supervision of the deputy attorney general, be responsible for
obtaining the evidence required to permit the Attorney General to
advise the board on legal matters such as whether the board should
file a formal accusation, dismiss the complaint for a lack of
evidence required to meet the applicable burden of proof, or take
other appropriate legal action.
(c) The Medical Board of California, the Department of Consumer
Affairs, and the Office of the Attorney General shall, if necessary,
enter into an interagency agreement to implement this section.
(d) This section does not affect the requirements of Section
12529.5 as applied to the Medical Board of California where
complaints that have not been assigned to a field office for
investigation are concerned.
(e) It is the intent of the Legislature to enhance the vertical
enforcement and prosecution model as set forth in subdivision (a).
The Medical Board of California shall do all of the following:
(1) Increase its computer capabilities and compatibilities with
the Health Quality Enforcement Section in order to share case
information.
(2) Establish and implement a plan to collocate, when feasible,
its enforcement staff and the staff of the Health Quality Enforcement
Section, in order to carry out the intent of the vertical
enforcement and prosecution model.
(3) Establish and implement a plan to assist in team building
between its enforcement staff and the staff of the Health Quality
Enforcement Section in order to ensure a common and consistent
knowledge base.
(f) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 38. Section 12529.7 of the Government Code
is amended to read:
12529.7. By March 1, 2012, the Department of Consumer Affairs, in
consultation with the healing arts boards, as defined in Section 720
of the Business and Professions Code, and the Department of Justice,
shall report and make recommendations to the Governor and the
Legislature on the vertical enforcement and prosecution model created
under Section 12529.6.
SEC. 38. Section 12529.8 is added to the
Government Code , to read:
12529.8. (a) Any healing arts board listed in Section 720 of the
Business and Professions Code may utilize the model prescribed in
Sections 12529 to 12529.6, inclusive, for the investigation and
prosecution of some or all of its enforcement actions and may utilize
the services of the Department of Justice Health Quality Enforcement
Section or the licensing section. If a board elects to proceed
pursuant to this section and utilizes the services of the licensing
section, the Department of Justice shall assign attorneys to work on
location at the licensing unit of the Division of Investigation of
the Department of Consumer Affairs.
(b) The report requirements contained in Section 12529.7 shall
apply to any healing arts board that utilizes those provisions for
enforcement.
(c) This section shall not apply to any healing arts board listed
in subdivision (a) of Section 12529.
SEC. 39. Section 830.3 of the Penal Code is amended to read:
830.3. The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 of the
Penal Code as to any public offense with respect to which there is
immediate danger to person or property, or of the escape of the
perpetrator of that offense, or pursuant to Section 8597 or 8598 of
the Government Code. These peace officers may carry firearms only if
authorized and under those terms and conditions as specified by their
employing agencies:
(a) Persons employed by the Division of Investigation of the
Department of Consumer Affairs and investigators of the Medical Board
of California, the Dental Board of California, and the Board of
Registered Nursing who are designated by the Director of Consumer
Affairs, provided that the primary duty of these peace officers shall
be the enforcement of the law as that duty is set forth in Section
160 of the Business and Professions Code.
(b) Voluntary fire wardens designated by the Director of Forestry
and Fire Protection pursuant to Section 4156 of the Public Resources
Code, provided that the primary duty of these peace officers shall be
the enforcement of the law as that duty is set forth in Section 4156
of that code.
(c) Employees of the Department of Motor Vehicles designated in
Section 1655 of the Vehicle Code, provided that the primary duty of
these peace officers shall be the enforcement of the law as that duty
is set forth in Section 1655 of that code.
(d) Investigators of the California Horse Racing Board designated
by the board, provided that the primary duty of these peace officers
shall be the enforcement of Chapter 4 (commencing with Section 19400)
of Division 8 of the Business and Professions Code and Chapter 10
(commencing with Section 330) of Title 9 of Part 1 of this code.
(e) The State Fire Marshal and assistant or deputy state fire
marshals appointed pursuant to Section 13103 of the Health and Safety
Code, provided that the primary duty of these peace officers shall
be the enforcement of the law as that duty is set forth in Section
13104 of that code.
(f) Inspectors of the food and drug section designated by the
chief pursuant to subdivision (a) of Section 106500 of the Health and
Safety Code, provided that the primary duty of these peace officers
shall be the enforcement of the law as that duty is set forth in
Section 106500 of that code.
(g) All investigators of the Division of Labor Standards
Enforcement designated by the Labor Commissioner, provided that the
primary duty of these peace officers shall be the enforcement of the
law as prescribed in Section 95 of the Labor Code.
(h) All investigators of the State Departments of Health Care
Services, Public Health, Social Services, Mental Health, and Alcohol
and Drug Programs, the Department of Toxic Substances Control, the
Office of Statewide Health Planning and Development, and the Public
Employees' Retirement System, provided that the primary duty of these
peace officers shall be the enforcement of the law relating to the
duties of his or her department or office. Notwithstanding any other
provision of law, investigators of the Public Employees' Retirement
System shall not carry firearms.
(i) The Chief of the Bureau of Fraudulent Claims of the Department
of Insurance and those investigators designated by the chief,
provided that the primary duty of those investigators shall be the
enforcement of Section 550.
(j) Employees of the Department of Housing and Community
Development designated under Section 18023 of the Health and Safety
Code, provided that the primary duty of these peace officers shall be
the enforcement of the law as that duty is set forth in Section
18023 of that code.
(k) Investigators of the office of the Controller, provided that
the primary duty of these investigators shall be the enforcement of
the law relating to the duties of that office. Notwithstanding any
other law, except as authorized by the Controller, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(l) Investigators of the Department of Corporations designated by
the Commissioner of Corporations, provided that the primary duty of
these investigators shall be the enforcement of the provisions of law
administered by the Department of Corporations. Notwithstanding any
other provision of law, the peace officers designated pursuant to
this subdivision shall not carry firearms.
(m) Persons employed by the Contractors' State License Board
designated by the Director of Consumer Affairs pursuant to Section
7011.5 of the Business and Professions Code, provided that the
primary duty of these persons shall be the enforcement of the law as
that duty is set forth in Section 7011.5, and in Chapter 9
(commencing with Section 7000) of Division 3, of that code. The
Director of Consumer Affairs may designate as peace officers not more
than three persons who shall at the time of their designation be
assigned to the special investigations unit of the board.
Notwithstanding any other provision of law, the persons designated
pursuant to this subdivision shall not carry firearms.
(n) The Chief and coordinators of the Law Enforcement Division of
the Office of Emergency Services.
(o) Investigators of the office of the Secretary of State
designated by the Secretary of State, provided that the primary duty
of these peace officers shall be the enforcement of the law as
prescribed in Chapter 3 (commencing with Section 8200) of Division 1
of Title 2 of, and Section 12172.5 of, the Government Code.
Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(p) The Deputy Director for Security designated by Section 8880.38
of the Government Code, and all lottery security personnel assigned
to the California State Lottery and designated by the director,
provided that the primary duty of any of those peace officers shall
be the enforcement of the laws related to assuring
ensuring the integrity, honesty, and fairness of the
operation and administration of the California State Lottery.
(q) Investigators employed by the Investigation Division of the
Employment Development Department designated by the director of the
department, provided that the primary duty of those peace officers
shall be the enforcement of the law as that duty is set forth in
Section 317 of the Unemployment Insurance Code.
Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(r) The chief and assistant chief of museum security and safety of
the California Science Center, as designated by the executive
director pursuant to Section 4108 of the Food and Agricultural Code,
provided that the primary duty of those peace officers shall be the
enforcement of the law as that duty is set forth in Section 4108 of
the Food and Agricultural Code.
(s) Employees of the Franchise Tax Board designated by the board,
provided that the primary duty of these peace officers shall be the
enforcement of the law as set forth in Chapter 9 (commencing with
Section 19701) of Part 10.2 of Division 2 of the Revenue and Taxation
Code.
(t) Notwithstanding any other provision of this section, a peace
officer authorized by this section shall not be authorized to carry
firearms by his or her employing agency until that agency has adopted
a policy on the use of deadly force by those peace officers, and
until those peace officers have been instructed in the employing
agency's policy on the use of deadly force.
Every peace officer authorized pursuant to this section to carry
firearms by his or her employing agency shall qualify in the use of
the firearms at least every six months.
(u) Investigators of the Department of Managed Health Care
designated by the Director of the Department of Managed Health Care,
provided that the primary duty of these investigators shall be the
enforcement of the provisions of laws administered by the Director of
the Department of Managed Health Care. Notwithstanding any other
provision of law, the peace officers designated pursuant to this
subdivision shall not carry firearms.
(v) The Chief, Deputy Chief, supervising investigators, and
investigators of the Office of Protective Services of the State
Department of Developmental Services, provided that the primary duty
of each of those persons shall be the enforcement of the law relating
to the duties of his or her department or office.
SEC. 40. (a) It is the intent of the Legislature that the
Department of Consumer Affairs shall, on or before December 31, 2012,
establish an enterprise information technology system necessary to
electronically create and update healing arts license information,
track enforcement cases, and allocate enforcement efforts pertaining
to healing arts licensees. The Legislature intends the system to be
designed as an integrated system to support all business automation
requirements of the department's licensing and enforcement functions.
(b) The Legislature also intends the department to enter into
contracts for telecommunication, programming, data analysis, data
processing, and other services necessary to develop, operate, and
maintain the enterprise information technology system.
SEC. 41. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.
However, 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.