SB 1172 Senate Bill - INTRODUCED

BILL NUMBER: SB 1172	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 18, 2010

   An act to amend Sections 156, 1695, 2360, 2662, 2770, 3534, 4360,
and 4860 of the Business and Professions Code, relating to regulatory
boards.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1172, as introduced, Negrete McLeod. Regulatory boards.
   Existing law provides for the regulation of specified professions
and vocations by various boards, as defined, within the Department of
Consumer Affairs. The department is under the control of the
Director of Consumer Affairs. Existing law authorizes the director to
enter into contracts for and on behalf of any board within the
department.
   This bill would make a technical, nonsubstantive change to that
provision.
   Existing law establishes diversion and recovery programs to
identify and rehabilitate dentists, osteopathic physicians and
surgeons, physical therapists, physical therapy assistants,
registered nurses, physician assistants, pharmacists and intern
pharmacists, veterinarians, and registered veterinary technicians
whose competency may be impaired due to, among other things, alcohol
and drug abuse.
   This bill would, with respect to those programs, revise references
to alcohol and drug abuse to include other substances.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 156 of the Business and Professions Code is
amended to read:
   156.  (a) The director may, for the department and at the request
and with the consent of a board  or bureau  within the
department on whose behalf the contract is to be made, enter into
contracts pursuant to Chapter 3 (commencing with Section 11250) of
Part 1 of Division 3 of Title 2 of the Government Code or Chapter 2
(commencing with Section 10290) of Part 2 of Division 2 of the Public
Contract Code for and on behalf of any board  or bureau 
within the department.
   (b) In accordance with subdivision (a), the director may, in his
or her discretion, negotiate and execute contracts for examination
purposes  which  that  include provisions
 which   that  hold harmless a contractor
where liability resulting from a contract between a board in the
department and the contractor is traceable to the state or its
officers, agents, or employees.
  SEC. 2.  Section 1695 of the Business and Professions Code is
amended to read:
   1695.  It is the intent of the Legislature that the  Dental
 Board of  Dental Examiners of  California seek
ways and means to identify and rehabilitate  licentiates
  licensees  whose competency may be impaired due
to abuse of dangerous drugs or alcohol  or other substances 
, so that  licentiates   licensees  so
afflicted may be treated and returned to the practice of dentistry in
a manner  which   that  will not endanger
the public health and safety. It is also the intent of the
Legislature that the  Dental  Board  of Dental
Examiners  of California shall implement this legislation in
part by establishing a diversion program as a voluntary alternative
approach to traditional disciplinary actions.
  SEC. 3.  Section 2360 of the Business and Professions Code is
amended to read:
   2360.  It is the intent of the Legislature that the Osteopathic
Medical Board of California seek ways and means to identify and
rehabilitate osteopathic physicians and surgeons whose competency may
be impaired due to abuse of dangerous drugs  and 
 or  alcohol  or other substances  , so that
osteopathic physicians and surgeons so afflicted may be treated and
returned to the practice of medicine in a manner  which
  that  will not endanger the public health and
safety. It is also the intent of the Legislature that the Osteopathic
Medical Board of California shall implement this legislation by
establishing a diversion program as a voluntary alternative approach
to traditional disciplinary actions.
  SEC. 4.  Section 2662 of the Business and Professions Code is
amended to read:
   2662.  It is the intent of the Legislature that the board shall
seek ways and means to identify and rehabilitate physical therapists
and physical therapist assistants whose competency is impaired due to
abuse of dangerous drugs or alcohol  or other substances 
so that they may be treated and returned to the practice of physical
therapy in a manner  which   that  will not
endanger the public health and safety.
  SEC. 5.  Section 2770 of the Business and Professions Code is
amended to read:
   2770.  It is the intent of the Legislature that the Board of
Registered Nursing seek ways and means to identify and rehabilitate
registered nurses whose competency may be impaired due to abuse of
alcohol  and other   or  drugs  or
other substances  , or due to mental illness so that registered
nurses so afflicted may be rehabilitated and returned to the practice
of nursing in a manner  which   that  will
not endanger the public health and safety. It is also the intent of
the Legislature that the Board of Registered Nursing shall implement
this legislation by establishing a diversion program as a voluntary
alternative to traditional disciplinary actions.
  SEC. 6.  Section 3534 of the Business and Professions Code is
amended to read:
   3534.  (a) It is the intent of the Legislature that the examining
committee shall seek ways and means to identify and rehabilitate
physician assistants whose competency is impaired due to abuse of
dangerous drugs or alcohol  or other substances  so that
they may be treated and returned to the practice of medicine in a
manner which   that  will not endanger the
public health and safety.
  SEC. 7.  Section 4360 of the Business and Professions Code is
amended to read:
   4360.  The board shall operate a pharmacists recovery program to
rehabilitate pharmacists and intern pharmacists whose competency may
be impaired due to abuse of alcohol  or other substances  ,
drug use, or mental illness. The intent of the pharmacists recovery
program is to return these pharmacists and intern pharmacists to the
practice of pharmacy in a manner that will not endanger the public
health and safety.
  SEC. 8.  Section 4860 of the Business and Professions Code is
amended to read:
   4860.  It is the intent of the Legislature that the Veterinary
Medical Board seek ways and means to identify and rehabilitate
veterinarians and registered veterinary technicians with impairment
due to abuse of dangerous drugs or alcohol  or other substances
 , affecting competency so that veterinarians and registered
veterinary technicians so afflicted may be treated and returned to
the practice of veterinary medicine in a manner that will not
endanger the public health and safety.