BILL NUMBER: AB 3473 CHAPTERED
BILL TEXT
CHAPTER 829
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 1996
APPROVED BY GOVERNOR SEPTEMBER 22, 1996
PASSED THE ASSEMBLY AUGUST 27, 1996
PASSED THE SENATE AUGUST 14, 1996
AMENDED IN SENATE AUGUST 8, 1996
AMENDED IN SENATE JULY 7, 1996
AMENDED IN ASSEMBLY APRIL 10, 1996
INTRODUCED BY Committee on Consumer Protection, Governmental
Efficiency, and Economic Development (Assembly Members Morrissey
(Chairman), Baldwin, Firestone, Knight, Thompson, and Woods)
MARCH 6, 1996
An act to amend Sections 110, 2467, 2601, 2602, 2603, 2604,
2604.5, 2605, 2606, 2607, 2607.5, 2608.5, 2609, 2611, 2612, 2613,
2614, 2615, 2620.3, 2620.5, 2630, 2632, 2633, 2634, 2636, 2636.1,
2636.5, 2637, 2638, 2639, 2650, 2650.1, 2651, 2652, 2653, 2655,
2655.1, 2655.2, 2655.3, 2655.4, 2655.5, 2655.6, 2655.7, 2655.71,
2655.8, 2655.9, 2655.91, 2655.92, 2660, 2661, 2661.5, 2662, 2663,
2664, 2665, 2666, 2667, 2668, 2669, 2672, 2680, 2682, 2684, 2685,
2687, 2688, 2688.5, 2689, 2690, 2696, 2987.5, 3356, 3360, 3401,
3427.5, 3901, 3902, 3924, 3930.5, 4980.03, 4980.40, 4984.5, 4984.6,
4987.5, 4990.1, 4990.2, 4990.15, 4994, 4996.3, 4996.6, 4998, 6795.1,
8516, 8522, 8550, 8564.5, 8614, 8617, 8622, and 8675 of, to add
Sections 8656 and 8666 to, and to repeal Sections 2490, 3924.5,
3930.1, 4940.1, 4940.2, 4940.3, and 4990.17 of, the Business and
Professions Code, relating to businesses and professions.
LEGISLATIVE COUNSEL'S DIGEST
AB 3473, Committee on Consumer Protection, Governmental
Efficiency, and Economic Development. Businesses and professions.
(1) Existing law prohibits the Department of Consumer Affairs from
having possession and control of examination questions prior to
submission to applicants at scheduled examinations.
This bill would create an exception to the prohibition if
authorized by one of the boards within the department.
(2) Under existing law, the practice of podiatric medicine is
regulated by the California Board of Podiatric Medicine, which is
required to convene its annual meetings in or near either Sacramento,
Los Angeles, or San Francisco, but is otherwise permitted to hold
meetings at places and times the board deems necessary.
This bill would permit the board to convene any of its meetings at
times it deems necessary.
Existing law places limitations on the frequency with which an
applicant for a certificate to practice podiatric medicine who fails
to pass the oral and practical examination after two examinations may
be eligible for reexamination.
This bill would repeal that provision.
(3) Under existing law, known as the Physical Therapy Practice
Act, the Physical Therapy Examination Committee of California
regulates the licensure and practice of physical therapy.
This bill would change the name of the Physical Therapy
Examination Committee of California to the Physical Therapy Board of
California and make technical, conforming changes to the Physical
Therapy Practice Act so that specific terms used in the act are
consistent throughout.
(4) Under existing law, the Hearing Aid Dispensers Examining
Committee oversees the licensing, and administers the regulation, of
individuals who engage in the practice of fitting and selling hearing
aids. Under existing law, the committee is required to administer
both a written and practical examination of persons who apply for a
license to fit or sell hearing aids and is required to hold
examinations at least twice a year. In addition, the committee is
authorized to issue temporary licenses to persons who are licensed in
other states when the persons supply specified information. These
persons are required to take the first licensing examination offered
by the committee after they have held the license for 90 days.
This bill would require that the committee hold a practical
examination twice a year.
The bill would require that persons who hold a temporary license
on the basis of being licensed in another state take a written
examination within 90 days after the date the temporary license is
issued.
The bill would authorize the committee to deny, issue subject to
terms and conditions, suspend, or revoke a license, or impose
conditions of probation upon a licensee, for violation of any
regulation adopted pursuant to the law regulating hearing aid
dispensers.
(5) Under existing law, the State Board of Nursing Home
Administrators administers the provisions of the Nursing Home
Administrator's Licensing Act. Existing law provides that it is a
misdemeanor for any person to act or serve in the capacity of nursing
home administrator without a license. Existing law requires a
holder of a license to reregister biennially. Under the act, the
board is required, among other things, to establish standards for the
operation of nursing homes, as defined, issue and revoke licenses
for the administration of nursing homes, and submit reports to the
Legislature concerning the administration of nursing homes. The act
has required the board in the past to submit specified reports and
studies to the Legislature by specified dates. The act also
prohibits nursing home administrators whose licenses have been
suspended from being employed as administrators of long term health
care facilities.
This bill would change the name of the act to the Nursing Home
Administrator's Act.
The bill would change the definition of "nursing home" for
purposes of the act. By changing the definition of a crime, the bill
would impose a state-mandated local program.
The bill would require license renewal instead of reregistration
and would require the renewal application to contain a statement
specifying whether the licensee was convicted of a crime during the
preceding renewal period and a statement as to the veracity of the
representations made in the renewal application.
The bill would repeal provisions of the act that require the board
to submit reports to the Legislature that have since been submitted.
The bill would delete the provisions of the act that prohibit
nursing home administrators whose licenses have been suspended from
being employed as administrators of long term health care facilities
and instead prohibit these persons from being employed as
administrators of nursing homes.
(6) Under existing law, the Acupuncture Committee, which exists
within the Division of Licensing of the Medical Board of California,
administers the Acupuncture Licensing Act. Among other things, the
Acupuncture Committee is required to conduct evaluations of
acupuncture tutorial programs and to conduct evaluations and develop
regulations that specify the requirements that must be met by
foreign-trained applicants for licensure as acupuncturists.
This bill would repeal the provision that requires the Acupuncture
Committee to conduct these evaluations and develop these
regulations.
(7) Existing law establishes the Board of Behavioral Science
Examiners and the Behavioral Science Examiners Fund.
This bill would change the names to the Board of Behavioral
Sciences and the Behavioral Sciences Fund.
Existing law authorizes the board, in any order issued in
resolution of a disciplinary proceeding before the board, to request
the administrative law judge to direct any registrant or licensee
found to have violated or to be in violation of certain charges to
pay to the board a sum not to exceed the actual and reasonable costs
of the investigation and prosecution, as prescribed, and specifies
procedures to enforce an order for payment. Existing law prohibits
the board from renewing or reinstating the license or registration
of, or from accepting any petition for reinstatement or modification
of probation from, any licensee or registrant who has failed to pay
all of the costs ordered, except under prescribed conditions where a
financial hardship has been demonstrated. Existing law requires all
costs recovered to be deposited into the Behavioral Science Examiners
Fund, which is continuously appropriated to the board.
This bill would repeal these provisions.
(8) Under existing law, the State Board of Registration for
Professional Engineers and Land Surveyors is required to send a
second notice by certified or registered mail to a registrant's or
authority holder's address if there is no response to the first
notice regarding expiration of a certificate of registration or
certificate of authority.
This bill would delete the requirement that the second notice be
by certified or registered mail.
(9) Under existing law, persons who engage in various facets of
structural pest control are required to be licensed and their
activities in the area of structural pest control are regulated.
Existing law provides that violation of the law governing structural
pest control is subject to specified criminal penalties.
Among the persons licensed and regulated are applicators of
specified types of chemical fumigants used in pest control. Under
existing law, applicators, once licensed, are permitted to apply
specified chemical fumigants for a period of 3 years, after which
they are required to apply for renewal of their license and pass a
written examination.
Existing law permits specified governmental agencies to levy fines
for violations of the restrictions on structural pest control
activities.
This bill would clarify that it is unlawful for an applicator to
act in that capacity without being licensed and delete the
requirement that applicators apply to renew their licenses and pass a
written examination every 3 years.
The bill would place restrictions, as specified, on persons who
fail to pay fines levied for violation of these provisions.
The bill would provide that it is unlawful for any licensee to
recommend or perform any pest control corrective work under any
contract or agreement that the licensee knows or has reason to know
is in excess of that required to eliminate the condition for which
the licensee was employed.
The bill would make technical, conforming changes to the
structural pest control laws.
The bill would impose a state-mandated local program by imposing
criminal penalties on certain persons who violate the provisions of
the bill.
(10) This bill would make other technical changes.
(11) This bill would incorporate additional changes to Section
8516 of the Business and Professions Code proposed by SB 1546,
contingent upon the prior enactment of that bill.
The bill would incorporate additional changes in certain sections
of the Business and Professions Code, proposed by SB 1962, to be
operative only if SB 1962 and this bill are both chaptered and become
effective on or before January 1, 1997, and this bill is chaptered
last.
(12) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 110 of the Business and Professions Code is
amended to read:
110. The department shall have possession and control of all
records, books, papers, offices, equipment, supplies, funds,
appropriations, land and other property--real or personal--now or
hereafter held for the benefit or use of all of the bodies, offices
or officers comprising the department. The title to all property
held by any of these bodies, offices or officers for the use and
benefit of the state, is vested in the State of California to be held
in the possession of the department. Except as authorized by a
board, the department shall not have the possession and control of
examination questions prior to submission to applicants at scheduled
examinations.
SEC. 2. Section 2467 of the Business and Professions Code is
amended to read:
2467. (a) The board may convene from time to time as it deems
necessary.
(b) Four members of the board constitute a quorum for the
transaction of business at any meeting.
(c) It shall require the affirmative vote of a majority of those
members present at a meeting, such members constituting at least a
quorum, to pass any motion, resolution, or measure.
(d) The board shall annually elect one of its members to act as
president and a member to act as vice president who shall hold their
respective positions at the pleasure of the board. The president may
call meetings of any duly appointed subcommittee at a specified time
and place.
SEC. 3. Section 2490 of the Business and Professions Code is
repealed.
SEC. 3.5. Section 2601 of the Business and Professions Code is
amended to read:
2601. "Board" as used in this chapter means the Physical Therapy
Board of California.
SEC. 4. Section 2602 of the Business and Professions Code is
amended to read:
2602. There is hereby created within the jurisdiction of the
Medical Board of California, a Physical Therapy Board of California,
hereinafter referred to as the board. The board shall enforce and
administer this chapter.
This section shall become inoperative on July 1, 1999, and, as of
January 1, 2000, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2000, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 5. Section 2603 of the Business and Professions Code is
amended to read:
2603. The members of the board consist of the following: three
physical therapists who shall have practiced physical therapy for
five years and shall be licensed by the board and three public
members who shall not be licentiates of the board or of any other
board under the Medical Board of California or of any board referred
to in Sections 1000 and 3600.
SEC. 6. Section 2604 of the Business and Professions Code is
amended to read:
2604. The members of the board shall be appointed for a term of
four years, expiring on the first day of June of each year.
The Governor shall appoint one of the public members and the three
physical therapist members of the board qualified as provided in
Section 2603. The Senate Rules Committee and the Speaker of the
Assembly shall each appoint a public member, and their initial
appointment shall be made to fill, respectively, the first and second
public member vacancies which occur on or after January 1, 1983.
Not more than one member of the board shall be appointed from the
full-time faculty of any university, college, or other educational
institution.
No person may serve as a member of the board for more than two
consecutive terms. Vacancies shall be filled by appointment for the
unexpired term. Annually the board shall elect one of its members as
president.
The appointing power shall have the power to remove any member of
the board from office for neglect of any duty required by law or for
incompetency or unprofessional or dishonorable conduct.
SEC. 7. Section 2604.5 of the Business and Professions Code is
amended to read:
2604.5. The public members shall be appointed from persons having
all of the following qualifications:
(a) Be a citizen of California.
(b) Shall not be an officer or faculty member of any college,
school or institution engaged in physical therapy education.
(c) Shall not be a licentiate of the Medical Board of California
or of any board under this division or of any board referred to in
Sections 1000 and 3600.
SEC. 8. Section 2605 of the Business and Professions Code is
amended to read:
2605. It shall be the duty of the board to examine applicants for
a license as provided by this chapter, at those places and times as
shall be designated by the board in its discretion. It may employ
physical therapists licensed pursuant to this chapter to aid it in
that examination. The examination shall reasonably test the
applicant's knowledge of physical therapy in areas such as: anatomy,
pathology, kinesiology, physiology, psychology, physics,
electrotherapy, radiation therapy, hydrotherapy, massage, therapeutic
exercise, physical therapy as applied to medicine, neurology,
orthopedics, surgery, psychiatry, procedures of evaluation, testing,
measuring, and technical procedures in the practice of physical
therapy, consultation, and program planning.
SEC. 9. Section 2606 of the Business and Professions Code is
amended to read:
2606. Each member of the board shall receive a per diem and
expenses as provided in Section 103.
SEC. 10. Section 2607 of the Business and Professions Code is
amended to read:
2607. The board may employ, subject to law, such clerical
assistants and, except as provided in Section 159.5, other employees
as it may deem necessary to carry out its powers and duties.
The board may as necessary select and contract with physical
therapy consultants who are licensed physical therapists to assist it
in its programs on an intermittent basis. Notwithstanding any other
provision of law, the board may contract with these consultants on a
sole source basis. For the purposes of Division 3.6 (commencing
with Section 810) of Title 1 of the Government Code, any consultant
under contract with the board shall be considered a public employee.
SEC. 11. Section 2607.5 of the Business and Professions Code is
amended to read:
2607.5. The board may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board and
vested in him or her by this chapter.
This section shall become inoperative on July 1, 1999, and, as of
January 1, 2000, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2000, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 12. Section 2608.5 of the Business and Professions Code is
amended to read:
2608.5. Each member of the board, or any licensed physical
therapist appointed by the board, may inspect, or require reports
from, a general or specialized hospital or any other facility
providing physical therapy care, treatment or services and the
physical therapy staff thereof, with respect to the physical therapy
care, treatment, services, or facilities provided therein, and may
inspect physical therapy patient records with respect to the care,
treatment, services, or facilities. The authority to make
inspections and to require reports as provided by this section shall
not be delegated by a member of the board to any person other than a
physical therapist and shall be subject to the restrictions against
disclosure described in Section 2263.
SEC. 13. Section 2609 of the Business and Professions Code is
amended to read:
2609. The board shall issue, suspend, and revoke licenses and
approvals to practice physical therapy as provided in this chapter.
SEC. 14. Section 2611 of the Business and Professions Code is
amended to read:
2611. The board shall hold at least one regular meeting annually
in the Cities of Sacramento, Los Angeles and San Francisco. The
board may convene from time to time until its business is concluded.
Special meetings of the board may be held at any time and place as
the board may designate.
SEC. 15. Section 2612 of the Business and Professions Code is
amended to read:
2612. Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
SEC. 16. Section 2613 of the Business and Professions Code is
amended to read:
2613. The board may appoint qualified persons to give the whole
or any portion of any examination as provided in this chapter, who
shall be designated as a commissioner on examination. A commissioner
on examination need not be a member of the board but shall be
subject to the same rules and regulations and shall be entitled to
the same fee as if he or she were a member of the board.
SEC. 17. Section 2614 of the Business and Professions Code is
amended to read:
2614. (a) The board shall hear all matters, including but not
limited to, any contested case or any petition for reinstatement,
restoration, or modification of probation. Except as otherwise
provided in this chapter, all hearings shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code. If a contested case
is heard by the board the hearing officer who presided at the
hearing shall be present during the board's consideration of the case
and, if requested, shall assist and advise the board.
(b) At the conclusion of the hearing, the board shall deny an
application for, or suspend or revoke, or impose probation conditions
upon, a license or approval.
SEC. 18. Section 2615 of the Business and Professions Code is
amended to read:
2615. The board shall from time to time adopt regulations that
may be necessary to effectuate this chapter. In adopting regulations
the board shall comply with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 19. Section 2620.3 of the Business and Professions Code is
amended to read:
2620.3. A physical therapist licensed pursuant to this chapter
may apply topical medications as part of the practice of physical
therapy as defined in Section 2620 if he or she complies with
regulations duly adopted by the board pursuant to this section and
the Administrative Procedure Act. The board shall adopt regulations
implementing this section after meeting and conferring with the
Medical Board of California and the California State Board of
Pharmacy specifying those topical medications applicable to the
practice of physical therapy and protocols for their use. Nothing in
this section shall be construed to authorize a physical therapist to
prescribe medications.
SEC. 20. Section 2620.5 of the Business and Professions Code is
amended to read:
2620.5. A physical therapist may, upon specified authorization of
a physician and surgeon, perform tissue penetration for the purpose
of evaluating neuromuscular performance as a part of the practice of
physical therapy, as defined in Section 2620, provided the physical
therapist is certified by the board to perform the tissue penetration
and evaluation, and provided the physical therapist does not develop
or make diagnostic or prognostic interpretations of the data
obtained.
The board, after meeting and conferring with the Division of
Licensing of the Medical Board of California, shall:
(a) Adopt standards and procedures for tissue penetration for the
purpose of evaluating neuromuscular performance by certified physical
therapists.
(b) Establish standards for the certification of physical
therapists to perform tissue penetration for the purpose of
evaluating neuromuscular performance.
(c) Certify physical therapists meeting standards established by
the board pursuant to this section.
SEC. 21. Section 2630 of the Business and Professions Code is
amended to read:
2630. It is unlawful for any person or persons to practice, or
offer to practice, physical therapy in this state for compensation
received or expected, or to hold himself or herself out as a physical
therapist, unless at the time of so doing the person holds a valid,
unexpired, and unrevoked license issued under this chapter.
Nothing in this section shall restrict the activities authorized
by their licenses on the part of any persons licensed under this code
or any initiative act, or the activities authorized to be performed
pursuant to Article 4.5 (commencing with Section 2655) or Chapter 7.7
(commencing with Section 3500).
A physical therapist licensed pursuant to this chapter may utilize
the services of one aide engaged in patient-related tasks to assist
the physical therapist in his or her practice of physical therapy.
"Patient-related task" means a physical therapy service rendered
directly to the patient by an aide, excluding non-patient-related
tasks. "Non-patient-related task" means a task related to
observation of the patient, transport of the patient, physical
support only during gait or transfer training, housekeeping duties,
clerical duties, and similar functions. The aide shall at all times
be under the orders, direction, and immediate supervision of the
physical therapist. Nothing in this section shall authorize an aide
to independently perform physical therapy or any physical therapy
procedure. The board shall adopt regulations that set forth the
standards and requirements for the orders, direction, and immediate
supervision of an aide by a physical therapist. The physical
therapist shall provide continuous and immediate supervision of the
aide. The physical therapist shall be in the same facility as, and
in proximity to, the location where the aide is performing
patient-related tasks, and shall be readily available at all times to
provide advice or instruction to the aide. When patient-related
tasks are provided to a patient by an aide, the supervising physical
therapist shall, at some point during the treatment day, provide
direct service to the patient as treatment for the patient's
condition, or to further evaluate and monitor the patient's progress,
and shall correspondingly document the patient's record.
The administration of massage, external baths, or normal exercise
not a part of a physical therapy treatment shall not be prohibited by
this section.
SEC. 22. Section 2632 of the Business and Professions Code is
amended to read:
2632. All licenses for the practice of physical therapy in this
state shall be issued by the board, and all applications for the
licenses shall be filed with the board. Excepting as otherwise
required by the director pursuant to Section 164, the license issued
by the board shall describe the licensee as a "physical therapist
licensed by the Physical Therapy Board of California."
Each application shall be accompanied by the application fee
prescribed by Section 2688, shall be signed by the applicant, and
shall contain a statement under oath of the facts entitling the
applicant to receive a license without examination or to take an
examination.
SEC. 23. Section 2633 of the Business and Professions Code is
amended to read:
2633. A person holding a license as a physical therapist issued
by the board may use the title "physical therapist" or the letters
"P.T." or any other words, letters or figures which indicate that the
person using same is a licensed physical therapist. No other person
shall be so designated or shall use the term licensed or registered
physical therapist, licensed or registered physiotherapist, licensed
or registered physical therapy technician, or the letters "L.P.T.,"
"R.P.T.," or "P.T.". The license as a physical therapist shall not
authorize the use of the prefix "Dr.," the word "doctor," or any
suffix or affix indicating or implying that the licensed person is a
doctor or a physician or surgeon.
Notwithstanding this section, a licentiate of this chapter may use
an initial or other suffix indicating possession of a specific
academic degree earned at, and issued by, an institution accredited
by the Western Association of Schools and Colleges or any accrediting
agency recognized by the National Commission on Accrediting or the
United States Department of Education which the board determines is
equivalent, except that the initials "M.D." shall not be used unless
the licentiate is licensed as a physician and surgeon in this state.
SEC. 24. Section 2634 of the Business and Professions Code is
amended to read:
2634. The board may investigate each and every applicant for a
license, before a license is issued, in order to determine whether or
not the applicant has in fact the qualifications required by this
chapter.
SEC. 25. Section 2636 of the Business and Professions Code is
amended to read:
2636. Except as otherwise provided in this chapter, no person
shall receive a license under this chapter without first successfully
passing an examination given under the direction of the board. The
examination shall be in writing and shall be conducted by those
persons and in the manner and under regulations as shall be
prescribed by the board but shall be so conducted that the identity
of each applicant taking an examination will be unknown to all of the
examiners until all of the papers have been graded.
Applicants for licensure as a physical therapist shall be required
to demonstrate knowledge of the laws and regulations related to the
practice of physical therapy in California. The examination shall
reasonably test the applicant's knowledge of these laws and
regulations.
SEC. 26. Section 2636.1 of the Business and Professions Code is
amended to read:
2636.1. Examinations for a license as a physical therapist may be
conducted by the board under a uniform examination system, and for
that purpose the board may make any arrangements with organizations
furnishing examination material as may in its discretion be
desirable.
SEC. 27. Section 2636.5 of the Business and Professions Code is
amended to read:
2636.5. (a) An applicant may be issued a license without a
written examination if he or she meets all of the following:
(1) He or she is at the time of application licensed or registered
as a physical therapist in a state, district, or territory of the
United States having, in the opinion of the board, requirements for
licensing or registration equal to or higher than those in
California, and he or she has passed, to the satisfaction of the
board, an examination for licensing or registration that is, in the
opinion of the board, comparable to the examination used in this
state.
(2) He or she is a graduate of a physical therapist education
program approved by the board, or has met the requirements of Section
2653.
(3) He or she files an application as provided in Section 2632 and
meets the requirements prescribed by Sections 2635 and 2650.
(b) An applicant for licensure under subdivision (a), whose
application is based on a certificate issued by a physical therapy
licensing authority of another state may be required to pass an oral
examination given by the board and file a statement of past work
activity.
(c) An applicant who has filed a physical therapy application
under this section with the board may, between the date of receipt of
notice that his or her application is on file and the date of
receipt of his or her license, perform as a physical therapist under
the direct and immediate supervision of a physical therapist licensed
in this state.
During this period the applicant shall identify himself or herself
only as a "physical therapist license applicant."
If the applicant under this section does not qualify and receive a
license as provided in this section and does not qualify under
Section 2639 all privileges under this section shall terminate upon
notice by certified mail, return receipt requested.
SEC. 27.5. Section 2636.5 of the Business and Professions Code is
amended to read:
2636.5. (a) An applicant may be issued a license without a
written examination if he or she meets all of the following:
(1) He or she is at the time of application licensed or registered
as a physical therapist in a state, district, or territory of the
United States having, in the opinion of the board, requirements for
licensing or registration equal to or higher than those in
California, and he or she has passed, to the satisfaction of the
board, an examination for licensing or registration that is, in the
opinion of the board, comparable to the examination used in this
state.
(2) He or she is a graduate of a physical therapist education
program approved by the board, or has met the requirements of
Section 2653.
(3) He or she files an application as provided in Section 2632 and
meets the requirements prescribed by Sections 2635 and 2650.
(b) An applicant for licensure under subdivision (a), whose
application is based on a certificate issued by a physical therapy
licensing authority of another state may be required to pass an oral
examination given by the board and file a statement of past work
activity.
(c) An applicant who has filed a physical therapy application
under this section with the board for the first time may, between the
date of receipt of notice that his or her application is on file and
the date of receipt of his or her license, perform as a physical
therapist under the direct and immediate supervision of a physical
therapist licensed in this state.
During this period the applicant shall identify himself or herself
only as a "physical therapist license applicant."
If the applicant under this section does not qualify and receive a
license as provided in this section and does not qualify under
Section 2639 all privileges under this section shall terminate upon
notice by certified mail, return receipt requested. An applicant may
only qualify once to perform as a physical therapist license
applicant.
SEC. 28. Section 2637 of the Business and Professions Code is
amended to read:
2637. Every applicant who is otherwise qualified as provided in
this chapter and who receives a passing grade as established by the
board on the examination shall be granted a license.
SEC. 29. Section 2638 of the Business and Professions Code is
amended to read:
2638. Any applicant for licensure as a physical therapist who
fails to pass the examination required by the board may take another
examination and shall pay the reexamination fee.
SEC. 30. Section 2639 of the Business and Professions Code is
amended to read:
2639. Every graduate of an approved physical therapist education
program who has filed a complete application for licensure with the
board may, between the date of receipt of a letter of authorization
to perform as a "physical therapist license applicant" from the board
and the date of receipt of his or her license, perform as a physical
therapist under the direct and immediate supervision of a physical
therapist licensed in this state. During this period the applicant
shall identify himself or herself only as a "physical therapist
license applicant."
A person shall not be considered a graduate unless he or she has
successfully completed all the clinical training and internships
required for graduation from the program.
If the applicant fails to take the next succeeding examination
without due cause or fails to pass the examination or receive a
license, all privileges under this section shall terminate upon
notice by certified mail, return receipt requested.
SEC. 30.5. Section 2639 of the Business and Professions Code is
amended to read:
2639. Every graduate of an approved physical therapist education
program who has filed a complete application for licensure with the
board for the first time may, following receipt of a letter of
authorization to perform as a "physical therapist license applicant"
, perform as a physical therapist under the direct and immediate
supervision of a physical therapist licensed in this state pending
the results of the first licensing examination administered for which
he or she is eligible following graduation from an approved physical
therapist education program. During this period the applicant shall
identify himself or herself only as a "physical therapist license
applicant." If the applicant passes the examination, the physical
therapist license applicant status shall remain in effect until a
regular renewable license is issued, or licensure is denied, by the
committee. If the applicant fails the licensing examination, or if
he or she passes the examination but licensure is denied, the
applicant shall be prohibited from performing as a physical therapist
license applicant at any time in the future.
A person shall not be considered a graduate unless he or she has
successfully completed all the clinical training and internships
required for graduation from the program.
If the applicant fails to take the next succeeding examination
without due cause or fails to pass the examination or receive a
license, all privileges under this section shall terminate upon
notice by certified mail, return receipt requested. An applicant may
only qualify once to perform as a physical therapist license
applicant.
SEC. 31. Section 2650 of the Business and Professions Code is
amended to read:
2650. (a) Except as otherwise provided in this chapter, each
applicant for a license as a physical therapist shall be a graduate
of a professional degree program of an accredited postsecondary
institution or institutions approved by the board, and shall have
completed a professional education including academic coursework and
clinical internship in physical therapy.
(b) As referenced in the evaluative criteria of the Commission on
Accreditation in Physical Therapy Education of the American Physical
Therapy Association, the curriculum shall consist of a combination of
didactic, clinical, and research experiences in physical therapy
using critical thinking and weighing of evidence, and shall include,
at a minimum, all of the following:
(1) The sciences basic to physical therapy including biomedical,
physical, physiological, neurobiological, anatomical, social and
behavioral sciences.
(2) Clinical sciences including laboratory or other practical
experiences involving quantitative and qualitative evaluation within
the scope of physical therapy practice including kinesiology,
neuroscience, pathology,
human development, and gerontology.
(3) Treatment that constitutes the practice of physical therapy.
(4) Learning experiences provided in the areas of administration,
education, and consultation.
(5) Research methods including the review and critical analysis of
research reports.
(6) Ethical, legal, and economical concepts of physical therapy
practice.
(c) Each applicant shall have at least 18 weeks of full-time
clinical experience with a variety of patients.
SEC. 32. Section 2650.1 of the Business and Professions Code is
amended to read:
2650.1. During the period of clinical practice referred to in
Section 2650 or in any similar period of observation or related
educational experience involving recipients of physical therapy, a
person so engaged shall be identified only as a "physical therapy
student," or as a "physical therapy intern" as authorized by the
board in its regulations.
SEC. 33. Section 2651 of the Business and Professions Code is
amended to read:
2651. The board may approve only those physical therapist
education programs that prove to the satisfaction of the board that
they comply with the minimum physical therapy educational
requirements set forth in this chapter and adopted by the board
pursuant to this chapter. Physical therapist education programs that
are recognized by the Commission on Accreditation in Physical
Therapy Education of the American Physical Therapy Association shall
be deemed approved by the board unless the board determines
otherwise.
SEC. 34. Section 2652 of the Business and Professions Code is
amended to read:
2652. All physical therapist education programs, whether situated
in this state or not, furnishing courses of study meeting the
standards required by Sections 2650 and 2651 and the regulations of
the board adopted pursuant to this chapter shall be approved by the
board and shall be entitled to compel this approval, if it is denied,
by action in the Superior Court of the State of California, the
procedure and power of the court in which action shall be the same as
provided in Section 2087.
SEC. 35. Section 2653 of the Business and Professions Code is
amended to read:
2653. (a) An applicant for a license as a physical therapist who
was issued a diploma by a physical therapist education program that
is not an approved program and is not located in the United States
shall meet all of the following requirements in order to be licensed
as a physical therapist:
(1) Furnish documentary evidence satisfactory to the board, that
he or she has completed the equivalent professional degree to that
issued by a United States accredited physical therapist education
program in a physical therapist education program that entitles the
applicant to practice as a physical therapist in the country where
the diploma was issued. The physical therapy education received by
the applicant shall meet the criteria set forth in subdivisions (b)
and (c) of Section 2650. The board may require an applicant to
submit documentation of his or her education to a credentials
evaluation service for review and a report to the board.
(2) Pass the written examination required by Section 2636. The
requirements to pass the written examination shall not apply to an
applicant who at the time of application has passed, to the
satisfaction of the board, an examination for licensure in another
state, district, or territory of the United States, that is, in the
opinion of the board, comparable to the examination given in this
state.
(3) Complete a period of clinical service under the direct and
immediate supervision of a physical therapist licensed by the board
which does not exceed nine months in a location approved by the
board, in a manner satisfactory to the board. The applicant shall
have passed the written examination required in subdivision (b) prior
to commencing the period of clinical service. The board shall
require the supervising physical therapist to evaluate the applicant
and report his or her findings to the board. The board may in its
discretion waive all or part of the required clinical service
pursuant to guidelines set forth in its regulations. During the
period of clinical service until he or she is issued a license as a
physical therapist by the board, the applicant shall be identified as
a "physical therapist license applicant."
(4) An applicant for licensure under this subdivision, whose
application is based on a certificate issued by a physical therapist
licensing authority of another state, may be required to pass an oral
examination given by the board, and to file a statement of past work
activity.
(b) Nothing contained in this section shall prohibit the board
from disapproving any foreign physical therapist education program or
from denying the applicant if, in the opinion of the board, the
instruction received by the applicant or the courses were not
equivalent to that required by this chapter. If the applicant does
not qualify to take the physical therapist examination, his or her
education may be evaluated and the applicant may be eligible to take
the physical therapist assistant examination.
SEC. 36. Section 2655 of the Business and Professions Code is
amended to read:
2655. As used in this article:
(a) "Physical therapist" means a physical therapist licensed by
the board.
(b) "Physical therapist assistant" means a person who meets the
qualifications stated in Section 2655.3 and who is approved by the
board to assist in the provision of physical therapy under the
supervision of a physical therapist who shall be responsible for the
extent, kind, and quality of the services provided by the physical
therapist assistant.
(c) "Physical therapist assistant" and "physical therapy assistant"
shall be deemed identical and interchangeable.
SEC. 37. Section 2655.1 of the Business and Professions Code is
amended to read:
2655.1. The board shall adopt regulations that set forth
standards and requirements for the adequate supervision of physical
therapist assistants.
SEC. 38. Section 2655.2 of the Business and Professions Code is
amended to read:
2655.2. A physical therapist shall not supervise more physical
therapist assistants at any one time than in the opinion of the board
can be adequately supervised. Two physical therapist assistants
shall be the maximum number of physical therapist assistants
supervised by a physical therapist at any one time, but the board may
permit the supervision of a greater number by a physical therapist
if, in the opinion of the board, there would be adequate supervision
and the public's health and safety would be served. In no case,
however, shall the total number of physical therapist assistants
exceed twice the number of physical therapists regularly employed by
a facility at any one time.
SEC. 39. Section 2655.3 of the Business and Professions Code is
amended to read:
2655.3. A person seeking approval as a physical therapist
assistant shall make application to the board for that approval.
Every person applying for approval as a physical therapist assistant
shall have all of the following qualifications:
(a) Have graduated from a physical therapist assistant education
program approved by the board pursuant to Section 2655.9, or have
training or experience or a combination of training and experience
which in the opinion of the board is equivalent to that obtained in
an approved physical therapist assistant education program.
(b) Successfully pass the examination required under this article.
(c) Not be addicted to alcohol or any controlled substance.
(d) Not have committed acts or crimes constituting grounds for
denial of approval under Section 480.
SEC. 40. Section 2655.4 of the Business and Professions Code is
amended to read:
2655.4. Except as otherwise provided in this chapter, no person
shall receive approval as a physical therapist assistant without
first successfully passing an examination given under the direction
of the board. The examination shall be in writing and shall be
conducted by those persons and in the manner and under regulations as
shall be prescribed by the board, but shall be so conducted that the
identity of each applicant taking an examination will be unknown to
all of the examiners until all of the papers have been graded.
SEC. 40.5. Section 2655.4 of the Business and Professions Code is
amended to read:
2655.4. Except as otherwise provided in this chapter, no person
shall receive approval as a physical therapist assistant without
first successfully passing an examination given under the direction
of the board. The examination shall be in writing and shall be
conducted by those persons and in the manner and under regulations as
shall be prescribed by the board, but shall be so conducted that the
identity of each applicant taking an examination will be unknown to
all of the examiners until all of the papers have been graded.
Applicants for approval as a physical therapist assistant shall be
required to demonstrate knowledge of the laws and regulations
related to the practice of physical therapy in California by
successfully passing an examination that reasonably tests the
applicant's knowledge of these laws and regulations.
SEC. 41. Section 2655.5 of the Business and Professions Code is
amended to read:
2655.5. Every applicant for approval as a physical therapist
assistant who is otherwise qualified as provided in this chapter, and
who receives a passing grade, as established by the board, on the
examination shall be issued a certificate of approval.
SEC. 42. Section 2655.6 of the Business and Professions Code is
amended to read:
2655.6. Any applicant for approval as a physical therapist
assistant who fails to pass the examination given by the board may
take another examination and shall pay the reexamination fee.
SEC. 43. Section 2655.7 of the Business and Professions Code is
amended to read:
2655.7. Notwithstanding Section 2630, a physical therapist
assistant may assist in the provision of physical therapy service
provided the assistance is rendered under the supervision of a
physical therapist licensed by the board.
SEC. 44. Section 2655.71 of the Business and Professions Code is
amended to read:
2655.71. (a) An applicant may be issued an approval as a physical
therapist assistant without written examination if he or she meets
all of the following requirements:
(1) He or she is at the time of application approved, licensed, or
registered as a physical therapist assistant in a state, district,
or territory of the United States having, in the opinion of the
board, requirements for approval, licensing, or registration equal to
or higher than those in California, and he or she has passed, to the
satisfaction of the board, an examination for that approval,
licensing or registration that is, in the opinion of the board,
comparable to the examination used in this state.
(2) He or she is a graduate of a physical therapist assistant
education program approved by the board or has graduated from a
program determined by the board to be equivalent, or as meeting the
evaluative criteria for accreditation by the Commission on
Accreditation in Physical Therapy Education of the American Physical
Therapy Association.
(3) He or she files an application as provided in Section 2655.3.
(b) An applicant who has filed a physical therapist assistant
application may assist in the provision of physical therapy in
accordance with Section 2655.91.
SEC. 44.5. Section 2655.71 of the Business and Professions Code is
amended to read:
2655.71. (a) An applicant may be issued an approval as a physical
therapist assistant without written examination if he or she meets
all of the following requirements:
(1) He or she is at the time of application approved, licensed, or
registered as a physical therapist assistant in a state, district,
or territory of the United States having, in the opinion of the
board, requirements for approval, licensing, or registration equal to
or higher than those in California, and he or she has passed, to the
satisfaction of the board, an examination for that approval,
licensing or registration that is, in the opinion of the board,
comparable to the examination used in this state.
(2) He or she is a graduate of a physical therapist assistant
education program approved by the board or has graduated from a
program determined by the board to be equivalent, or as meeting the
evaluative criteria for accreditation by the Commission on
Accreditation in Physical Therapy Education of the American Physical
Therapy Association.
(3) He or she files an application as provided in Section 2655.3.
(b) An applicant who has filed a physical therapist assistant
application for the first time may assist in the provision of
physical therapy in accordance with Section 2655.91.
SEC. 45. Section 2655.8 of the Business and Professions Code is
amended to read:
2655.8. Any person, other than one who has been approved by the
board, who holds himself or herself out as a "physical therapist
assistant" or who uses any other term indicating or implying that he
or she is a physical therapist assistant, is guilty of a misdemeanor.
SEC. 46. Section 2655.9 of the Business and Professions Code is
amended to read:
2655.9. (a) The board shall approve each physical therapist
assistant education program that proves to the satisfaction of the
board that it complies with criteria for approval of those programs
set forth in this section and established by the board. These
criteria may be based upon the standards and curriculum guidelines
for a physical therapist assistant education program as promulgated
by the American Physical Therapy Association or an essentially
equivalent organization.
(b) Except as otherwise provided in this chapter, each applicant
for approval as a physical therapist assistant shall be a graduate of
an accredited postsecondary institution or institutions and shall
have completed both the academic and clinical experience required by
the physical therapist assistant program, and have been awarded the
associate degree.
(c) The curriculum shall consist of a combination of basic
sciences, applied clinical sciences, and progressive application
through clinical experience. The curriculum shall reflect education
in the skills and judgment required of the physical therapist
assistant in the contemporary performance of physical therapy through
an organized sequence of integrated learning experiences.
(1) The basic sciences shall include, at a minimum, human anatomy
and physiology, physical or health sciences, and social or behavioral
sciences.
(2) The applied clinical sciences shall include neurology, normal
and pathological kinesiology, normal and abnormal growth and
development, gerontology, orthopedic disorders, and fundamentals of
physical therapy including the economic, legal, and ethical aspects
of practice. Clinical studies shall also provide laboratory
experiences in simulated patient treatment including the observation,
measurement, and reporting of a patient's physiologic state and
effectiveness of the treatment relative to the goals established by
the physical therapist's evaluation.
(3) The clinical experience shall include physical therapy
treatments of patients of varying ages, disabilities, and diseases.
This experience shall occur in a variety of practice settings
allowing for interaction with health care professionals. Clinical
experience shall include daily written and verbal communication with
the supervising physical therapist to report each patient's treatment
program relative to the treatment goals and to discuss adjustments
in the treatment program and discharge plan.
SEC. 47. Section 2655.91 of the Business and Professions Code is
amended to read:
2655.91. Every graduate of an approved physical therapist
assistant education program who has filed a complete physical
therapist assistant application with the board may, between the date
of receipt of a letter of authorization to perform as a "physical
therapist assistant applicant" from the board and the date of receipt
of approval, assist in the provision of physical therapy under the
direct and immediate supervision of a licensed physical therapist.
During this period the applicant shall identify himself or herself
only as a "physical therapist assistant applicant."
If a person assisting in the provision of physical therapy
pursuant to this section fails to take the next succeeding
examination without due cause or fails to pass the examination or
receive approval, all privileges under this section shall terminate
upon notice by certified mail, return receipt requested.
A student is not eligible to work as a physical therapist
assistant applicant until successful completion of the clinical
experience required for graduation from the program.
SEC. 47.5. Section 2655.91 of the Business and Professions Code is
amended to read:
2655.91. Every graduate of an approved physical therapist
assistant education program who has filed a complete physical
therapist assistant application with the board for the first time
may, following receipt of a letter of authorization to perform as a
"physical therapist assistant applicant" from the board, assist in
the provision of physical therapy under the direct and immediate
supervision of a licensed physical therapist pending the results of
the first examination administered for which he or she is eligible
following graduation from an approved physical therapist assistant
education program. If the applicant passes the examination, the
physical therapist assistant applicant status shall remain in effect
until a regular renewable approval is issued, or approval is denied,
by the committee. If the applicant fails the examination, or if he
or she passes the examination but approval is denied, the applicant
shall be prohibited from performing as a physical therapist assistant
applicant at any time in the future.
During this period the applicant shall identify himself or herself
only as a "physical therapist assistant applicant."
If a person assisting in the provision of physical therapy
pursuant to this section fails to take the next succeeding
examination without due cause or fails to pass the examination or
receive approval, all privileges under this section shall terminate
upon notice by certified mail, return receipt requested. An
applicant may only qualify once to perform as a physical therapist
assistant applicant.
A student is not eligible to work as a physical therapist
assistant applicant until successful completion of the clinical
experience required for graduation from the program.
SEC. 48. Section 2655.92 of the Business and Professions Code is
amended to read:
2655.92. The board may adopt regulations as reasonably necessary
to carry out the purposes of this article. The board shall adopt a
regulation formulating a definition of the term "adequate supervision"
as used in this article.
SEC. 49. Section 2660 of the Business and Professions Code is
amended to read:
2660. The board may, after the conduct of appropriate proceedings
under the Administrative Procedure Act, suspend for not more than 12
months, or revoke, or impose probationary conditions upon, or issue
subject to terms and conditions any license, certificate, or approval
issued under this chapter for any of the following causes:
(a) Advertising in violation of Section 17500.
(b) Fraud in the procurement of any license under this chapter.
(c) Procuring or aiding or offering to procure or aid in criminal
abortion.
(d) Conviction of a crime which substantially relates to the
qualifications, functions, or duties of a physical therapist. The
record of conviction or a certified copy thereof shall be conclusive
evidence of that conviction.
(e) Impersonating or acting as a proxy for an applicant in any
examination given under this chapter.
(f) Habitual intemperance.
(g) Addiction to the excessive use of any habit-forming drug.
(h) Gross negligence in his or her practice as a physical
therapist.
(i) Conviction of a violation of any of the provisions of this
chapter or of the State Medical Practice Act, or violating, or
attempting to violate, directly or indirectly, or assisting in or
abetting the violating of, or conspiring to violate any provision or
term of this chapter or of the State Medical Practice Act.
(j) The aiding or abetting of any person to violate this chapter
or any regulations duly adopted under this chapter.
(k) The aiding or abetting of any person to engage in the unlawful
practice of physical therapy.
(l) The commission of any fraudulent, dishonest, or corrupt act
which is substantially related to the qualifications, functions, or
duties of a physical therapist.
(m) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the board,
thereby risking transmission of blood-borne infectious diseases from
licensee to patient, from patient to patient, and from patient to
licensee. In administering this subdivision, the board shall
consider referencing the standards, regulations, and guidelines of
the State Department of Health Services developed pursuant to Section
1250.11 of the Health and Safety Code and the standards,
regulations, and guidelines pursuant to the California Occupational
Safety and Health Act of 1973 (Part 1 (commencing with Section 6300)
of Division 5 of the Labor Code) for preventing the transmission of
HIV, Hepatitis B, and other blood-borne pathogens in health care
settings. As necessary, the board shall consult with the Medical
Board of California, the California Board of Podiatric Medicine, the
Board of Dental Examiners of California, the Board of Registered
Nursing, and the Board of Vocational Nurse and Psychiatric Technician
Examiners of the State of California, to encourage appropriate
consistency in the implementation of this subdivision.
The board shall seek to ensure that licensees are informed of the
responsibility of licensees and others to follow infection control
guidelines, and of the most recent scientifically recognized
safeguards for minimizing the risk of transmission of blood-borne
infectious diseases.
SEC. 50. Section 2661 of the Business and Professions Code is
amended to read:
2661. A plea or verdict of guilty or a conviction following a
plea of nolo contendere made to a charge of a felony or of any
offense which substantially relates to the qualifications, functions,
or duties of a physical therapist is deemed to be a conviction
within the meaning of this article. The board may order the license
suspended or revoked, or may decline to issue a 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 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, information, or indictment.
SEC. 51. Section 2661.5 of the Business and Professions Code is
amended to read:
2661.5. (a) In any order issued in resolution of a disciplinary
proceeding before the board, the board may request the administrative
law judge to direct any licensee found guilty of unprofessional
conduct to pay to the board a sum not to exceed the actual and
reasonable costs of the investigation and prosecution of the case.
(b) The costs to be assessed shall be fixed by the administrative
law judge and shall not in any event be increased by the board. When
the board does not adopt a proposed decision and remands the case to
an administrative law judge, the administrative law judge shall not
increase the amount of the assessed costs specified in the proposed
decision.
(c) When the payment directed in an order for payment of costs is
not made by the licensee, the board may enforce the order of payment
by bringing an action in any appropriate court. This right of
enforcement shall be in addition to any other rights the board may
have as to any licensee directed to pay costs.
(d) In any judicial action for the 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.
(e) (1) Except as provided in paragraph (2), the board shall not
renew or reinstate the license or approval of any person who has
failed to pay all of the costs ordered under this section.
(2) Notwithstanding paragraph (1), the board may, in its
discretion, conditionally renew or reinstate for a maximum of one
year the license or approval of any person who demonstrates financial
hardship and who enters into a formal agreement with the board to
reimburse the board within that one year period for those unpaid
costs.
(f) All costs recovered under this section shall be deposited in
the Physical Therapy Fund as a reimbursement in either the fiscal
year in which the costs are actually recovered or the previous fiscal
year, as the board may direct.
SEC. 52. 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 so that they may be treated and
returned to the practice of physical therapy in a manner which will
not endanger the public health and safety.
SEC. 53. Section 2663 of the Business and Professions Code is
amended to read:
2663. The board shall establish and administer a diversion
program for the rehabilitation of physical therapists and physical
therapist assistants whose competency is impaired due to the abuse of
drugs or alcohol. The board may contract with any other state
agency or a private organization to perform its duties under this
article. The board may establish one or more diversion evaluation
committees to assist it in carrying out its duties under this
article.
SEC. 54. Section 2664 of the Business and Professions Code is
amended to read:
2664. (a) Any diversion evaluation committee established by the
board shall have at least three members. In making appointments to a
diversion evaluation committee, the board shall consider the
appointment of
persons who are either recovering from substance abuse and have been
free from substance abuse for at least three years immediately prior
to their appointment or who are knowledgeable in the treatment and
recovery of substance abuse. The board also shall consider the
appointment of a physician and surgeon who is board certified in
psychiatry.
(b) Appointments to a diversion evaluation committee shall be by
the affirmative vote of a majority of members appointed to the board.
Each appointment shall be at the pleasure of the board for a term
not to exceed four years. In its discretion, the board may stagger
the terms of the initial members so appointed.
(c) A majority of the members of a diversion evaluation committee
shall constitute a quorum for the transaction of business. Any
action requires an affirmative vote of a majority of those members
present at a meeting constituting at least a quorum. Each diversion
evaluation committee shall elect from its membership a chairperson
and a vice chairperson. Notwithstanding the Bagley-Keene Open
Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1
of Part 1 of Division 3 of Title 2 of the Government Code), relating
to public meetings, a diversion evaluation committee may convene in
closed session to consider matters relating to any physical therapist
or physical therapist assistant applying for or participating in a
diversion program, and a meeting which will be convened entirely in
closed session need not comply with Section 11125 of the Government
Code. A diversion evaluation committee shall only convene in closed
session to the extent it is necessary to protect the privacy of an
applicant or participant. Each member of a diversion evaluation
committee shall receive a per diem and shall be reimbursed for
expenses as provided in Section 103.
SEC. 55. Section 2665 of the Business and Professions Code is
amended to read:
2665. Each diversion evaluation committee has the following
duties and responsibilities:
(a) The evaluation of physical therapists and physical therapist
assistants who request participation in the program and the
consideration of any recommendations from professional consultants on
the admission of applicants to the diversion program.
(b) The review and designation of treatment facilities to which
physical therapists and physical therapist assistants in the
diversion program may be referred.
(c) The receipt and review of information concerning physical
therapists and physical therapist assistants participating in the
program.
(d) Calling meetings as necessary to consider the requests of
physical therapists and physical therapist assistants to participate
in the diversion program, to consider reports regarding participants
in the program, and to consider any other matters referred to it by
the board.
(e) The consideration of whether each participant in the diversion
program may with safety continue or resume the practice of physical
therapy.
(f) Setting forth in writing a treatment program for each
participant in the diversion program with requirements for
supervision and surveillance.
(g) Holding a general meeting at least twice a year, which shall
be open and public, to evaluate the diversion program's progress, to
prepare reports to be submitted to the committee, and to suggest
proposals for changes in the diversion program.
(h) For the purposes of Division 3.6 (commencing with Section 810)
of Title 1 of the Government Code, any member of a diversion
evaluation committee shall be considered a public employee. No board
or diversion evaluation committee member, contractor, or agent
thereof, shall be liable for any civil damage because of acts or
omissions which may occur while acting in good faith in a program
established pursuant to this article.
SEC. 56. Section 2666 of the Business and Professions Code is
amended to read:
2666. (a) Criteria for acceptance into the diversion program
shall include all of the following:
(1) The applicant shall be licensed as a physical therapist or
approved as a physical therapist assistant by the board and shall be
a resident of California.
(2) The applicant shall be found to abuse dangerous drugs or
alcoholic beverages in a manner which may affect his or her ability
to practice physical therapy safely or competently.
(3) The applicant shall have voluntarily requested admission to
the program or shall be accepted into the program in accordance with
terms and conditions resulting from a disciplinary action.
(4) The applicant shall agree to undertake any medical or
psychiatric examination ordered to evaluate the applicant for
participation in the program.
(5) The applicant shall cooperate with the program by providing
medical information, disclosure authorizations, and releases of
liability as may be necessary for participation in the program.
(6) The applicant shall agree in writing to cooperate with all
elements of the treatment program designed for him or her.
Any applicant may be denied participation in the program if the
board, its designee, or a diversion evaluation committee, as the case
may be, determines that the applicant will not substantially benefit
from participation in the program or that the applicant's
participation in the program creates too great a risk to the public
health, safety, or welfare.
(b) A participant may be terminated from the program for any of
the following reasons:
(1) The participant has successfully completed the treatment
program.
(2) The participant has failed to comply with the treatment
program designated for him or her.
(3) The participant fails to meet any of the criteria set forth in
subdivision (a) or (c).
(4) It is determined that the participant has not substantially
benefited from participation in the program or that his or her
continued participation in the program creates too great a risk to
the public health, safety, or welfare. Whenever an applicant is
denied participation in the program or a participant is terminated
from the program for any reason other than the successful completion
of the program, and it is determined that the continued practice of
physical therapy by that individual creates too great a risk to the
public health, safety, and welfare, that fact shall be reported to
the executive officer of the board and all documents and information
pertaining to and supporting that conclusion shall be provided to the
executive officer. The matter may be referred for investigation and
disciplinary action by the board. Each physical therapist or
physical therapy assistant who requests participation in a diversion
program shall agree to cooperate with the recovery program designed
for him or her. Any failure to comply with that program may result
in termination of participation in the program.
The diversion evaluation committee shall inform each participant
in the program of the procedures followed in the program, of the
rights and responsibilities of a physical therapist or physical
therapist assistant in the program, and the possible results of
noncompliance with the program.
(c) In addition to the criteria and causes set forth in
subdivision (a), the board may set forth in its regulations
additional criteria for admission to the program or causes for
termination from the program.
SEC. 57. Section 2667 of the Business and Professions Code is
amended to read:
2667. All board and diversion evaluation committee records and
records of proceedings and participation of a physical therapist or
physical therapist assistant in a program shall be confidential and
are not subject to discovery or subpoena.
SEC. 58. Section 2668 of the Business and Professions Code is
amended to read:
2668. (a) A fee not to exceed one hundred dollars ($100) may be
charged for participation in the program.
(b) If the board contracts with any other entity to carry out this
section, the executive officer of the board, or his or her designee,
shall review the activities and performance of the contractor on a
biennial basis. As part of this review, the board shall review files
of participants in the program. However, the names of participants
who entered the program voluntarily shall remain confidential, except
when the review reveals misdiagnosis, case mismanagement, or
noncompliance by the participant.
SEC. 59. Section 2669 of the Business and Professions Code is
amended to read:
2669. Participation in a diversion program shall not be a defense
to any disciplinary action which may be taken by the board. This
section does not preclude the board from commencing disciplinary
action against a physical therapist or physical therapist assistant
who is terminated unsuccessfully from the program under this section.
That disciplinary action may not include as evidence any
confidential information.
SEC. 60. Section 2672 of the Business and Professions Code is
amended to read:
2672. Whenever any person has engaged or is about to engage in
any acts or practices which constitute or will constitute an offense
against this chapter, the superior court of any county, on
application of the Medical Board of California, the board, or 10 or
more persons holding physical therapist licenses issued under this
chapter, may issue an injunction or other appropriate order
restraining the conduct. Proceedings under this section shall be
governed by Chapter 3 (commencing with Section 525) of Title 7 of
Part 2 of the Code of Civil Procedure.
SEC. 61. Section 2680 of the Business and Professions Code is
amended to read:
2680. The board shall keep a record of its proceedings under this
chapter, and a register of all persons licensed under it. The
register shall show the name of every living licensee, his or her
last known place of residence, and the date and number of his or her
license as a physical therapist. The board shall compile a list of
physical therapists authorized to practice physical therapy in the
state. Any interested person is entitled to obtain a copy of that
list upon application to the board and payment of such amount as may
be fixed by the board which amount shall not exceed the cost of the
list so furnished.
SEC. 62. Section 2682 of the Business and Professions Code is
amended to read:
2682. There is in the State Treasury the Physical Therapy Fund.
All collections from persons licensed or approved or seeking to be
licensed or approved shall be paid by the board into the fund after
reporting to the Controller at the beginning of each month the amount
and source of the collections. All money in the Physical Therapy
Fund is appropriated to carry out the purposes of this chapter.
SEC. 63. Section 2684 of the Business and Professions Code is
amended to read:
2684. (a) Notwithstanding Section 2422, any license or approval
for the practice of physical therapy shall expire at 12 midnight on
the last day of the birth month of the licensee or holder of an
approval during the second year of a two-year term, if not renewed.
(b) To renew an unexpired license or approval, the licensee or the
holder of an approval shall, on or before the dates on which it
would otherwise expire, apply for renewal on a form prescribed by the
board and pay the prescribed renewal fee.
SEC. 64. Section 2685 of the Business and Professions Code is
amended to read:
2685. At least 60 days before the expiration of any license or
approval, the board shall mail to each licensee under this chapter,
at the latest address furnished by the licensee to the executive
officer, a notice stating the amount of the renewal fee and the date
on which it is due, and that failure to pay it on or before the due
date will result in expiration of the license.
SEC. 65. Section 2687 of the Business and Professions Code is
amended to read:
2687. All fees earned by the board and all fines and forfeitures
of bail to which the board is entitled shall be reported at the
beginning of each month, for the month preceding, to the State
Controller. At the same time, the entire amount of these collections
shall be paid into the State Treasury and shall be credited to the
Physical Therapy Fund.
This fund shall be for the uses of the board and is continuously
appropriated to the board to pay all salaries and all other expenses
necessarily incurred in carrying into effect the provisions of this
chapter.
SEC. 66. Section 2688 of the Business and Professions Code is
amended to read:
2688. The amount of fees provided in connection with licenses or
approvals for the practice of physical therapy is as follows:
(a) The application fee for a physical therapist's license shall
be established by the board at not more than fifty dollars ($50).
The application fee for an applicant under Section 2653 shall be
established by the board at not more than one hundred dollars ($100).
(b) The examination and reexamination fees for the physical
therapist examination and the physical therapist assistant
examination shall be the actual cost to the board of the purchase and
grading of each written examination, plus the actual cost to the
board of administering each examination.
(c) The initial license fee for a physical therapist license shall
be eighty dollars ($80), unless a lower fee is established by the
board.
(d) The renewal fee for a physical therapist license shall be
eighty dollars ($80), unless a lower fee is established by the board.
(e) A fee to be set by the board of not more than fifty dollars
($50) shall be charged for each application for approval as a
physical therapist assistant.
(f) A fee of eighty dollars ($80) shall be charged for the
issuance of and for the renewal of each approval as a physical
therapist assistant, unless a lower fee is established by the board.
(g) Notwithstanding Section 163.5, the delinquency fee shall be 50
percent of the renewal fee in effect.
(h) The duplicate wall certificate fee shall not exceed twenty
dollars ($20). The duplicate renewal receipt fee shall not exceed
twenty dollars ($20).
(i) The endorsement or letter of good standing fee is thirty
dollars ($30).
SEC. 66.5. Section 2688 of the Business and Professions Code is
amended to read:
2688. The amount of fees provided in connection with licenses or
approvals for the practice of physical therapy is as follows:
(a) The application fee for a physical therapist's license shall
be established by the board at not more than seventy-five dollars
($75). The application fee for an applicant under Section 2653 shall
be established by the board at not more than one hundred twenty-five
dollars ($125).
(b) The examination and reexamination fees for the physical
therapist examination , physical therapist assistant examination, and
the examination to demonstrate knowledge of the rules and
regulations related to the practice of physical therapy shall be the
actual cost to the board of the development and writing of, or
purchase of the examination, and grading of each written examination,
plus the actual cost of administering each examination.
(c) The initial license fee for a physical therapist license shall
be one hundred twenty dollars ($120), unless a lower fee is
established by the board after January 1, 1997.
(d) The renewal fee for a physical therapist license shall be one
hundred twenty dollars ($120), unless a lower fee is established by
the board after January 1, 1997.
(e) A fee to be set by the board of not more than seventy-five
dollars ($75) shall be charged for each application for approval as a
physical therapist assistant.
(f) A fee of one hundred twenty dollars ($120) shall be charged
for the issuance of and for the renewal of each approval as a
physical therapist assistant, unless a lower fee is established by
the board after January 1, 1997.
(g) Notwithstanding Section 163.5, the delinquency fee shall be 50
percent of the renewal fee in effect.
(h) The duplicate wall certificate fee shall not exceed twenty
dollars ($20). The duplicate renewal receipt fee shall not exceed
twenty dollars ($20).
(i) The endorsement or letter of good standing fee is thirty
dollars ($30).
(j) This section shall remain in effect only until January 1, 1999,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 1999, deletes or extends that date.
SEC. 67. Section 2688.5 of the Business and Professions Code is
amended to read:
2688.5. The board shall submit a report to the fiscal and
appropriate policy committees of the legislature whenever the board
increases any fee. The report shall specify the justification for
the increase and the percentage of the fee increase to be used for
enforcement purposes.
SEC. 68. Section 2689 of the Business and Professions Code is
amended to read:
2689. (a) The board may establish by regulation suitable
application and renewal fees of not more than two hundred dollars
($200), for persons certified to perform electromyographical testing
pursuant to Section 2620.5, based upon the cost of operating the
certification program. The application fee shall be paid by the
applicant at the time the application is filed and the renewal fee
shall be paid as provided in Section 2683.
(b) The board shall charge an examination and reexamination fee of
five hundred dollars ($500) to applicants who are examined and who
have been found to otherwise meet the board's standards for
certification.
SEC. 69. Section 2690 of the Business and Professions Code is
amended to read:
2690. A physical therapy corporation is a corporation that is
authorized to render professional services, as defined in Section
13401 of the Corporations Code, so long as that corporation and its
shareholders, officers, directors, and employees rendering
professional services who are physical therapists are in compliance
with the Moscone-Knox Professional Corporation Act, this article and
all other statutes and regulations now or hereafter enacted or
adopted pertaining to the corporation and the conduct of its affairs.
With respect to a physical therapy corporation, the governmental
agency referred to in the Moscone-Knox Professional Corporation Act
is the Physical Therapy Board of California.
SEC. 70. Section 2696 of the Business and Professions Code is
amended to read:
2696. The board may adopt and enforce regulations to carry out
the purposes and objectives of this article, including regulations
requiring (a) that the bylaws of a physical therapy corporation shall
include a provision whereby the capital stock of the corporation
owned by a disqualified person (as defined in Section 13401 of the
Corporations Code), or a deceased person, shall be sold to the
corporation or to the remaining shareholders of the corporation
within the time as the regulations may provide, and (b) that a
physical therapy corporation shall provide adequate security by
insurance or otherwise for claims against it by its patients arising
out of the rendering of professional services.
SEC. 71. Section 2987.5 of the Business and Professions Code is
amended to read:
2987.5. Every person licensed under this chapter is exempt from
the payment of the renewal fee in any one of the following instances:
While engaged in full-time active service in the Army, Navy, Air
Force or Marines, or in the United States Public Health Service, or
while a volunteer in the Peace Corps or Vista.
Every person exempted from the payment of the renewal fee by this
section shall not engage in any private practice and shall become
liable for the fee for the current renewal period upon the completion
of his or her period of full-time active service and shall have a
period of 60 days after becoming liable within which to pay the fee
before the delinquency fee becomes applicable. Any person who
completes his or her period of full-time active service within 60
days of the end of a renewal period is exempt from the payment of the
renewal fee for that period.
The time spent in that full-time active service or full-time
training and active service shall not be included in the computation
of the three-year period for renewal of a license provided in Section
2986.
The exemption provided by this section shall not be applicable if
the person engages in any practice for compensation other than
full-time service in the Army, Navy, Air Force or Marines or in the
United States Public Health Service or the Peace Corps or Vista.
SEC. 72. Section 3356 of the Business and Professions Code is
amended to read:
3356. An applicant who has fulfilled the requirements of Section
3352 and has made application therefor, may have a temporary license
issued to him or her upon satisfactory proof to the committee that
the applicant holds a hearing aid dispenser's license in another
state, that the licensee has not been subject to formal disciplinary
action by another licensing authority, and that the applicant has
been engaged in the fitting and sale of hearing aids for the two
years prior to application. An individual licensed under this
section shall take the written license examination within 90 days
after the date on which the temporary license was issued. If the
temporary licensee does not take either examination or fails either
examination, then he or she shall renew the temporary license under
the provisions of Section 3357, subject to the requirements of that
section.
SEC. 73. Section 3360 of the Business and Professions Code is
amended to read:
3360. Practical examinations shall be held by the committee at
least twice a year. The time and place of any practical examination
shall be fixed by the committee at least 45 days prior to the date it
is to be held.
SEC. 74. Section 3401 of the Business and Professions Code is
amended to read:
3401. The committee may deny, issue subject to terms and
conditions, suspend, or revoke a license, or impose conditions of
probation upon a licensee, for any of the following causes:
(a) Gross incompetency which includes, but is not limited to, the
improper or unnecessary fitting of a hearing aid.
(b) Gross negligence.
(c) Repeated negligent acts.
(d) Conviction of any crime substantially related to the
qualifications, functions and duties of a hearing aid dispenser.
(e) Obtaining a license by fraud or deceit.
(f) Use of the term "doctor" or "physician" or "clinic" or
"audiologist," or any derivation thereof, unless authorized by law.
(g) Fraud or misrepresentation in the fitting or selling of a
hearing aid.
(h) The employment, to perform any act covered by the provisions
of this chapter, of any person whose license has been suspended,
revoked, or who does not possess a valid license issued under this
chapter.
(i) The use or causing the use, of any advertising or promotional
literature in a manner as to have the capacity or tendency to mislead
or deceive purchasers or prospective purchasers.
(j) Habitual intemperance in the use of alcohol or any controlled
substance.
(k) The licensee's permitting another to use his or her license
for any purpose.
(l) Violation of any provision of this chapter or of any
regulation adopted pursuant to this chapter.
(m) Any cause which would be grounds for denial of an application
for a license.
SEC. 75. Section 3427.5 of the Business and Professions Code is
amended to read:
3427.5. It is unlawful for a licensed hearing aid dispenser to
fit or sell a hearing aid unless he or she first does all of the
following:
(a) Complies with all provisions of state laws and regulations
relating to the fitting or selling of hearing aids.
(b) Conducts a direct observation of the purchaser's ear canals.
(c) Informs the purchaser of the address and office hours at which
the licensee shall be available for fitting or postfitting
adjustments and servicing of the hearing aid or aids sold.
SEC. 76. Section 3901 of the Business and Professions Code is
amended to read:
3901. This chapter may be known and cited as the "Nursing Home
Administrator's Act."
SEC. 77. Section 3902 of the Business and Professions Code is
amended to read:
3902. (a) For purposes of this chapter, "nursing home" means any
institution, facility, place, building or agency, or portion thereof,
licensed as a skilled nursing facility, intermediate care facility,
or intermediate care facility/developmentally disabled, as defined in
Chapter 2 (commencing with Section 1250) of Division 2 of the Health
and Safety Code.
(b) In addition, for purposes of this chapter, "nursing home"
means an intermediate care facility/developmentally
disabled-habilitative, intermediate care facility/developmentally
disabled-nursing, or congregate living health facility, as defined in
Chapter 2 (commencing with Section 1250) of Division 2 of the Health
and Safety Code, if a licensed nursing home administrator, as
defined in Section 3903, is charged with the general administration
of the facility.
(c) Nothing in the section shall be construed to allow the board
to have jurisdiction over an administrator of an intermediate care
facility/developmentally disabled-nursing or an intermediate care
facility/developmentally disabled-habilitative if the administrator
of the facility is not using licensure under this chapter to qualify
as an administrator in accordance with subdivision (d) of Section
1276.5 of the Health and Safety Code.
(d) In addition, nothing in this section shall be construed to
define an intermediate care facility/developmentally disabled-nursing
or an intermediate care facility/developmentally
disabled-habilitative as a nursing home for purposes other than the
licensure of nursing home administrators under this chapter.
SEC. 78. Section 3924 of the Business and Professions Code is
amended to read:
3924. (a) Every holder of a nursing home administrator's license
shall renew the license biennially, on dates specified by the board,
by submitting a renewal form and the appropriate renewal fee. In the
event that the license of an individual is not renewed within three
years from the date of expiration, and all accrued and unpaid renewal
fees and delinquent penalties required by this chapter are not paid,
the license shall be cancelled and that individual shall again apply
for licensure and meet all requirements of this chapter as if a new
applicant.
(b) The renewal form shall include a statement specifying whether
the licensee was convicted of a crime during the preceding renewal
period.
(c) A condition of licensure renewal shall be the
presentation of proof by the licensee that he or she has attended the
number of classroom hours of approved continuing educational
programs, classes, seminars, or proceedings required by the
regulations promulgated by the board, at least 25 percent of which
shall be in the area of aging and patient care. The board, at its
discretion, may except from continuing education requirements, the
licensees who for reasons of health, military service, or other good
cause cannot meet those requirements. Each waiver granted shall be
for the current licensure period only.
(d) A licensee may renew his or her license pursuant to this
chapter, although he or she may not currently be actively engaged in
nursing home administration.
(e) The renewal application shall contain a statement that
representations made therein by the applicant are true, correct, and
contain no material omissions of fact to the best knowledge and
belief of the applicant.
SEC. 79. Section 3924.5 of the Business and Professions Code is
repealed.
SEC. 80. Section 3930.1 of the Business and Professions Code is
repealed.
SEC. 81. Section 3930.5 of the Business and Professions Code is
amended to read:
3930.5. Any nursing home administrator whose license has been
suspended shall not be employed as an administrator of a nursing
home, or engage in any activities for which a license is issued by
the board, during the period of suspension.
SEC. 82. Section 4940.1 of the Business and Professions Code is
repealed.
SEC. 83. Section 4940.2 of the Business and Professions Code is
repealed.
SEC. 84. Section 4940.3 of the Business and Professions Code is
repealed.
SEC. 85. Section 4980.03 of the Business and Professions Code is
amended to read:
4980.03. (a) "Board," as used in this chapter, means the Board of
Behavioral Sciences.
(b) "Intern," as used in this chapter, means an unlicensed person
who has earned his or her master's or doctor's degree qualifying him
or her for licensure and is registered with the board.
(c) "Trainee," as used in this chapter, means an unlicensed person
who is currently enrolled in a master's or doctor's degree program,
as specified in Section 4980.40, that is designed to qualify him or
her for licensure under this chapter, and who has completed no less
than 12 semester units or 18 quarter units of coursework in any
qualifying degree program.
(d) "Advertise," as used in this chapter, includes, but is not
limited to, the issuance of any card, sign, or device to any person,
or the causing, permitting, or allowing of any sign or marking on, or
in, any building or structure, or in any newspaper or magazine or in
any directory, or any printed matter whatsoever, with or without any
limiting qualification. It also includes business solicitations
communicated by radio or television broadcasting. Signs within
church buildings or notices in church bulletins mailed to a
congregation shall not be construed as advertising within the meaning
of this chapter.
SEC. 86. Section 4980.40 of the Business and Professions Code, as
amended by Section 6.5 of Chapter 758 of the Statutes of 1995, is
amended to read:
4980.40. To qualify for a license an applicant shall have all the
following qualifications:
(a) Applicants applying for licensure on or after January 1, 1988,
shall possess a doctor's or master's degree in marriage, family, and
child counseling, marital and family therapy, psychology, clinical
psychology, counseling psychology, counseling with an emphasis in
marriage, family, and child counseling, or social work with an
emphasis in clinical social work, obtained from a school, college, or
university accredited by the Western Association of Schools and
Colleges, the Northwest Association of Secondary and Higher Schools,
or an essentially equivalent accrediting agency, as determined by the
board, or approved by the Council for Private Postsecondary and
Vocational Education, pursuant to any of Sections 94770 to 94774,
inclusive, of the Education Code. For purposes of this chapter, the
term "approved by the Council for Private Postsecondary and
Vocational Education" shall not include temporary, conditional, or
any other type of interim approval. In order to qualify for
licensure pursuant to this subdivision, any doctor's or master's
degree program shall contain no less than 48 semester or 72 quarter
units of instruction. The instruction shall include no less than 12
semester units or 18 quarter units of coursework in the areas of
marriage, family, and child counseling, and marital and family
systems approaches to treatment.
The coursework shall include all of the following areas:
(1) The salient theories of a variety of psychotherapeutic
orientations directly related to marriage, family, and child
counseling, and marital and family systems approaches to treatment.
(2) Theories of marriage and family therapy and how they can be
utilized in order to intervene therapeutically with couples,
families, adults, children, and groups.
(3) Developmental issues and life events from infancy to old age
and their effect upon individuals, couples, and family relationships.
This may include coursework that focuses on specific family life
events and the psychological, psychotherapeutic, and health
implications that arise within couples and families, including, but
not limited to, childbirth, child rearing, childhood, adolescence,
adulthood, marriage, divorce, blended families, stepparenting, and
geropsychology.
(4) A variety of approaches to the treatment of children.
The board may, by regulation, further define the content
requirements of required courses specified in this subdivision.
(b) (1) In addition to the 12 semester or 18 quarter units of
coursework specified above, the doctor's or master's degree program
shall contain not less than six semester or nine quarter units of
supervised practicum in applied psychotherapeutic techniques,
assessment, diagnosis, prognosis, and treatment of premarital,
couple, family, and child relationships, including dysfunctions,
healthy functioning, health promotion, and illness prevention, in a
supervised clinical placement that provides supervised fieldwork
experience within the scope of practice of a marriage, family, and
child counselor.
(2) On and after January 1, 1995, the practicum shall include a
minimum of 150 hours of face-to-face experience counseling
individuals, couples, families, or groups.
(3) (A) Supervised practicum hours, as specified in this
subdivision, shall be evaluated, accepted, and credited as hours for
trainee experience by the board.
(B) The practicum hours shall be considered as part of the 48
semester or 72 quarter unit requirement.
(c) As an alternative to meeting the qualifications specified in
subdivision (a), the board shall accept as equivalent degrees, those
master's or doctor's degrees granted by educational institutions
whose degree program is approved by the Commission on Accreditation
for Marriage and Family Therapy Education.
(d) All applicants shall, in addition, complete the coursework or
training specified in Section 4980.41.
(e) All applicants shall be at least 18 years of age.
(f) All applicants shall have at least two years' experience that
meets the requirements of this chapter in interpersonal
relationships, marriage, family, and child counseling and
psychotherapy under the supervision of a licensed marriage, family,
and child counselor, licensed clinical social worker, licensed
psychologist, or a licensed physician certified in psychiatry by the
American Board of Psychiatry and Neurology. Experience shall not be
gained under the supervision of an individual who has provided
therapeutic services to that applicant. For those supervisorial
relationships in effect on or before December 31, 1988, and which
remain in continuous effect thereafter, experience may be gained
under the supervision of a licensed physician who has completed a
residency in psychiatry. Any person supervising another person
pursuant to this subdivision shall have been licensed or certified
for at least two years prior to acting as a supervisor, shall have a
current and valid license that is not under suspension or probation,
and shall meet the requirements established by regulations.
(g) The applicant shall pass a written examination and an oral
examination conducted by the board or its designees.
(h) The applicant shall not have committed acts or crimes
constituting grounds for denial of licensure under Section 480. The
board shall not issue a registration or license to any person who has
been convicted of any crime in the United States that involves
sexual abuse of children or who has been ordered to register as a
mentally disordered sex offender or the equivalent in another state
or territory.
(i) Applicants applying for licensure on or before December 31,
1987, shall possess all of the qualifications specified in
subdivisions (e) to (h), inclusive, and shall possess a doctor's or
master's degree in marriage, family, and child counseling, social
work, clinical psychology, counseling, counseling psychology, child
development and family studies, or a degree determined by the board
to be equivalent, obtained from a school, college, or university
accredited by the Western Association of Schools and Colleges, the
Northwest Association of Secondary and Higher Schools, or an
essentially equivalent accrediting agency as determined by the board.
(j) For applicants applying for a license pursuant to subdivision
(i), the board may make a determination that an applicant's master's
or doctor's degree is an equivalent degree if it finds that the
degree was issued upon completion of a course of academic study
primarily designed to train persons as a marriage, family, and child
counselor. The course of study completed by the applicant shall
contain not less than 30 semester or 45 quarter units of coursework
as follows: (1) human biological, psychological, and social
development, (2) human sexuality, (3) psychopathology, (4)
cross-cultural mores and values, (5) theories of marriage, family,
and child counseling, (6) professional ethics and law, (7) human
communication, (8) research methodology, (9) theories and
applications of psychological testing, and (10) not less than six
semester or nine quarter units of supervised practicum in applied
psychotherapeutic techniques, assessment, diagnosis, prognosis, and
treatment of premarital, family, and child relationship dysfunctions.
The applicant shall submit to the board satisfactory written
verification by the chief academic officer of the accredited or
approved school, or by an authorized designee, that the applicant has
successfully completed courses, including the practicum required by
the board. The verification shall include, but need not be limited
to, descriptions of the completed courses. The board may request
further written verification of course content and academic
experience to determine that the applicant's training and experience
is equivalent to the course of instruction required by this section.
(k) (1) An applicant applying for intern registration who, prior
to December 31, 1987, met the qualifications for registration, but
who failed to apply or qualify for intern registration may be granted
an intern registration if the applicant meets all of the following
criteria:
(A) The applicant possesses a doctor's or master's degree in
marriage, family, and child counseling, marital and family therapy,
psychology, clinical psychology, counseling psychology, counseling
with an emphasis in marriage, family, and child counseling, or social
work with an emphasis in clinical social work obtained from a
school, college, or university currently conferring that degree that,
at the time the degree was conferred, was accredited by the Western
Association of Schools and Colleges, and where the degree conferred
was, at the time it was conferred, specifically intended to satisfy
the educational requirements for licensure by the Board of Behavioral
Sciences.
(B) The applicant's degree and the course content of the
instruction underlying that degree have been evaluated by the chief
academic officer of a school, college, or university accredited by
the Western Association of Schools and Colleges to determine the
extent to which the applicant's degree program satisfies the current
educational requirements for licensure, and the chief academic
officer certifies to the board the amount and type of instruction
needed to meet the current requirements.
(C) The applicant completes a plan of instruction that has been
approved by the board at a school, college, or university accredited
by the Western Association of Schools and Colleges that the chief
academic officer of the educational institution has, pursuant to
subparagraph (B), certified will meet the current educational
requirements when considered in conjunction with the original degree.
(2) A person applying under this subdivision shall be considered a
trainee, as that term is defined in Section 4980.03, once he or she
is enrolled to complete the additional coursework necessary to meet
the current educational requirements for licensure.
(l) This section shall become operative on January 1, 1997.
SEC. 87. Section 4984.5 of the Business and Professions Code is
amended to read:
4984.5. The board shall report each month to the Controller the
amount and source of all revenue received pursuant to this chapter
and at the same time pay the entire amount thereof into the State
Treasury for credit to the Behavioral Sciences Fund.
SEC. 88. Section 4984.6 of the Business and Professions Code is
amended to read:
4984.6. (a) The Behavioral Sciences Fund is continuously
appropriated, without regard to fiscal years, to the Board of
Behavioral Sciences for carrying out and enforcing the provisions of
this chapter.
(b) The board shall keep any records as will reasonably ensure
that funds expended in the administration of each licensing or
registration category shall bear a reasonable relation to the revenue
derived from each category, and shall so notify the department no
later than May 31 of each year.
(c) Surpluses, if any, may be used in such a way so as to bear a
reasonable relation to the revenue derived from each category, and
may include, but not be limited to, expenditures for education and
research related to each of the licensing or registration categories.
SEC. 89. Section 4987.5 of the Business and Professions Code is
amended to read:
4987.5. A marriage, family, and child counseling corporation is a
corporation which is registered with the Board of Behavioral
Sciences and has a currently effective certificate of registration
from the board pursuant to the Moscone-Knox Professional Corporation
Act, as contained in Part 4 (commencing with Section 13400) of
Division 3 of Title 1 of the Corporations Code, and this article.
Subject to all applicable statutes, rules and regulations, the
marriage, family, and child counseling corporation is entitled to
practice marriage, family, and child counseling. With respect to a
marriage, family, and child counseling corporation, the governmental
agency referred to in the Moscone-Knox Professional Corporation Act
is the Board of Behavioral Sciences.
SEC. 90. Section 4990.1 of the Business and Professions Code is
amended to read:
4990.1. There is in the Department of Consumer Affairs a Board of
Behavioral Sciences which consists of 11 members.
This section shall become inoperative on July 1, 1999, and, as of
January 1, 2000, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2000, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 91. Section 4990.2 of the Business and Professions Code is
amended to read:
4990.2. Wherever "Board of Social Work Examiners of the State of
California" or "Social Worker and Marriage Counselor Qualifications
Board of the State of California" is used in any law or regulations
of this state it shall mean the Board of Behavioral Sciences.
SEC. 92. Section 4990.15 of the Business and Professions Code is
amended to read:
4990.15. The board shall have and use a seal bearing the words
"The Board of Behavioral Sciences," and shall otherwise conform to
Section 107.5.
SEC. 93. Section 4990.17 of the Business and Professions Code is
repealed.
SEC. 94. Section 4994 of the Business and Professions Code is
amended to read:
4994. Notwithstanding Section 13340 of the Government Code and
except as provided in Section 4984.6, all moneys in the Behavioral
Sciences Fund are continuously appropriated to the board, to be
expended by it for the purposes of the programs under its
jurisdiction.
SEC. 95. Section 4996.3 of the Business and Professions Code is
amended to read:
4996.3. (a) Each application for examination received on or after
January 1, 1996, shall be accompanied by an application fee of one
hundred dollars ($100) and a fee of up to one hundred fifty dollars
($150), including the examination fee and related administrative
costs for the written examination and two hundred dollars ($200) for
the oral examination, that shall be deposited by the board into the
State Treasury to the credit of the Behavioral Sciences Fund.
(b) The fee for rescoring a written examination shall be twenty
dollars ($20). The fee for an appeal of an oral examination shall be
one hundred dollars ($100).
(c) The fee for issuance of the initial license shall be a maximum
of one hundred fifty-five dollars ($155).
SEC. 96. Section 4996.6 of the Business and Professions Code is
amended to read:
4996.6. (a) The renewal fee for licenses that expire on or after
January 1, 1996, shall be a maximum of one hundred fifty-five dollars
($155) and shall be collected on a biennial basis by the board in
accordance with Section 152.6. The fees shall be deposited in the
State Treasury to the credit of the Behavioral Sciences Fund.
(b) If the license is renewed more than 30 days after its
expiration, the licensee shall, as a condition precedent to renewal,
also pay a delinquency fee of seventy-five dollars ($75).
Any person who permits his or her license to become delinquent may
have it restored only upon the payment of all fees that he or she
would have paid if the license had not become delinquent, plus the
payment of any and all delinquency fees.
(c) The fee for issuance of any replacement registration, license,
or certificate shall be twenty dollars ($20).
(d) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
SEC. 97. Section 4998 of the Business and Professions Code is
amended to read:
4998. "Licensed clinical social workers corporation" is a
corporation that is registered with the Board of Behavioral Sciences
and has a currently effective certificate of registration from the
board pursuant to the Moscone-Knox Professional Corporation Act and
this article. Subject to all applicable statutes, rules, and
regulations, the licensed clinical social workers corporation is
entitled to practice clinical social work. With respect to a
licensed clinical social workers corporation, the governmental agency
referred to in the Moscone-Knox Professional Corporation Act is the
Board of Behavioral Sciences.
SEC. 98. Section 6795.1 of the Business and Professions Code is
amended to read:
6795.1. Within 60 to 90 days prior to the expiration of a
certificate of registration or certificate of authority, the board
shall mail to the registrant or authority holder a notice of the
pending expiration. That notice shall include application forms for
renewal. If there is no response by the expiration date, the board
shall provide a second notice to the registrant's or authority holder'
s address.
SEC. 98.5. Section 8516 of the Business and Professions Code is
amended to read:
8516. (a) This section, and Section 8519, apply only to wood
destroying pests or organisms, but do not apply to work conducted
pursuant to Section 8516.1.
(b) No registered company or licensee shall commence work on a
contract, or sign, issue, or deliver any documents expressing an
opinion or statement relating to the absence or presence of wood
destroying pests or organisms until an inspection has been made by a
licensed Branch 3 field representative or operator. The registered
company shall retain for three years all field reports from which a
verbal or written estimate of or solutions for work are made. A
written inspection report conforming to this section and on a form
prescribed by the board shall be prepared and delivered to the person
requesting the inspection or to the person's designated agent. A
copy of each report shall be filed with the board at the time the
report is delivered or not later than 10 working days after the date
the inspection is commenced, except an inspection report prepared for
use by an attorney for litigation is not required to be filed with
the board. The report shall be delivered to the person requesting
the inspection, or to the person's designated agent, before work is
commenced. The following shall be set forth in the report:
(1) The date of the inspection and the name of the licensee making
the inspection.
(2) The name and address of the person or firm ordering the
report.
(3) The name and address of any person who is a party in interest.
(4) The address or location of the property.
(5) A general description of the building or premises inspected.
(6) A foundation diagram or sketch of the structure or structures
or portions of the structure or structures inspected, indicating
thereon the approximate location of any infested or infected areas
evident, and the parts of the structure where conditions which would
ordinarily subject those parts to attack by wood destroying pests or
organisms exist.
(7) Information regarding the substructure, foundation walls and
footings, porches, patios and steps, air vents, abutments, attic
spaces, roof framing that includes the eaves, rafters, fascias,
exposed timbers, exposed sheathing, ceiling joists, and attic walls,
or other parts subject to attack by wood destroying pests or
organisms. Conditions usually deemed likely to lead to infestation
or infection, such as earth wood contacts, excessive cellulose
debris, faulty grade levels, excessive moisture conditions, evidence
of roof leaks, and insufficient ventilation are to be reported.
(8) One of the following statements, as appropriate, printed in
bold type:
(A) The exterior surface of the roof was not inspected. If you
want the water tightness of the roof determined, you should contact a
roofing contractor who is licensed by the Contractors' State License
Board.
(B) The exterior surface of the roof was inspected to determine
whether or not wood destroying pests or organisms are present.
(9) Indication or description of any areas that are inaccessible
or not inspected with recommendation for further inspection if
practicable. If, after the report has been made in compliance with
this section, authority is given later to open inaccessible areas, a
supplemental report on conditions in these areas shall be made.
(10) Recommendations for corrective measures.
(11) Information regarding the pesticide or pesticides to be used
for their control as set forth in subdivision (a) of Section 8538.
(12) The inspection report shall clearly disclose that if
requested by the person ordering the original report, a reinspection
of the structure will be performed if an estimate or bid for making
repairs was given with the original inspection report, or thereafter.
(13) The inspection report shall contain the following statement,
printed in boldface type:
"NOTICE: The Structural Pest Control Board encourages competitive
business practices among registered companies. Reports on this
structure prepared by various registered companies should list the
same findings (i.e. termite infestations, termite damage, fungus
damage, etc.). However, recommendations to correct these findings
may vary from company to company. Therefore, you may wish to seek a
second opinion since there may be alternative methods of correcting
the findings listed on this report that may be less costly."
An estimate or bid for repairs shall be given separately
allocating the costs to perform each and every recommendation for
corrective measures as specified in subdivision (c) with the original
inspection report if the person who ordered the original inspection
report so requests, and if the registered company is regularly in the
business of performing corrective measures.
If no estimate or bid was given with the original inspection
report, or thereafter, then the registered company shall not be
required to perform a reinspection.
A reinspection shall be an inspection of those items previously
listed on an original report to determine if the recommendations have
been completed. Each reinspection shall be reported on an original
inspection report form and shall be labeled "Reinspection" in capital
letters by rubber stamp or typewritten. Each reinspection shall
also identify the original report by date and stamp numbers.
After four months from an original inspection, all inspections
shall be original inspections and not reinspections.
Any reinspection shall be performed for not more than the price of
the registered company's original inspection price and shall be
completed within 10 working days after a reinspection has been
ordered.
(c) At the time a report is ordered, the registered company or
licensee shall inform the person or entity ordering the report, that
a separated report is available pursuant to this subdivision. If a
separated report is requested at the time the inspection report is
ordered, the registered company or licensee shall separately identify
on the report each recommendation for corrective measures as
follows:
(1) The infestation or infection that is evident.
(2) The conditions that are present that are deemed likely to lead
to infestation or infection.
If a registered company or licensee fails to inform as required by
this subdivision and a dispute arises, or if any other dispute
arises as to whether this subdivision has been complied with, a
separated report shall be provided within 24 hours of the request
but, in no event, later than the next business day, and at no
additional cost.
(d) When a corrective condition is identified, either as paragraph
(1) or (2) of subdivision (c), and the responsible party, as
negotiated between the buyer and the seller, chooses not to correct
those conditions, the registered company or licensee shall not be
liable for damages resulting from a failure to correct those
conditions or subject to any disciplinary action by the board.
Nothing in this subdivision, however, shall relieve a registered
company or a licensee of any liability resulting from negligence,
fraud, dishonest dealing, other violations pursuant to this chapter,
or contractual obligations between the registered company or licensee
and the responsible parties.
(e) The inspection report form prescribed by the board shall
separately identify the infestation or infection that is evident and
the conditions that are present that are deemed likely to lead to
infestation or infection. If a separated form is requested, the form
shall explain the infestation or infection that is evident and the
conditions that are present that are deemed likely to lead to
infestation or infection and the difference between those conditions.
In no event, however, shall conditions deemed likely to lead to
infestation or infection be characterized as actual "defects" or as
actual "active" infestations or infections or in need of correction
as a precondition to issuing a certification pursuant to Section
8519.
(f) The report and any contract entered into shall also state
specifically when any guarantee for the work is made, and if so, the
specific terms of the guarantee and the period of time for which the
guarantee shall be in effect.
(g) Control service is defined as the regular reinspection of a
property after a report has been made in compliance with this section
and any corrections as have been agreed upon have been completed.
Under a control service agreement a registered company shall refer to
the original report and contract in a manner as to identify them
clearly, and the report shall be assumed to be a true report of
conditions as originally issued, except it may be modified after a
control service inspection. A registered company is not required to
issue a report as outlined in paragraphs (1) to (11), inclusive, of
subdivision (b) after each control service inspection. If after
control service inspection, no modification of the original report is
made in writing, then it will be assumed that conditions are as
originally reported. A control service contract shall state
specifically the particular wood destroying pests or organisms and
the portions of the buildings or structures covered by the contract.
(h) A registered company or licensee may enter into and maintain a
control service agreement provided the following requirements are
met:
(1) The control service agreement shall be in writing, signed by
both parties, and shall specifically include the following:
(A) The wood destroying pests and organisms that could infest and
infect the structure.
(B) The wood destroying pests and organisms covered by the control
service agreement. Any wood destroying pest or organism that is not
covered must be specifically listed.
(C) The type and manner of treatment to be used to correct the
infestations or infections.
(D) The structures or buildings, or portions thereof, covered by
the agreement, including a statement specifying whether the coverage
for purposes of periodic inspections is limited or full. Any
exclusions from those described in the original report must be
specifically listed.
(E) A reference to the original inspection report and agreement.
(F) The frequency of the inspections to be provided, the fee to be
charged for each renewal, and the duration of the agreement.
(G) Whether the fee includes structural repairs.
(H) If the services provided are guaranteed, and, if so, the terms
of the guarantee.
(I) A statement that all corrections of infestations or infections
covered by the control service agreement shall be completed within
six months of discovery, unless otherwise agreed to in writing by
both parties.
(2) Inspections made pursuant to a control service agreement shall
be conducted by a Branch 3 licensee. Section 8506.1 does not modify
this provision.
(3) A full inspection of the property covered by the control
service agreement shall be conducted and a report filed pursuant to
subdivision (b) at least once every three years from the date that
the agreement was entered into, unless the consumer cancels the
contract within three years from the date the agreement was entered
into.
(4) A written report shall be required for the correction of any
infestation or infection unless all of the following conditions are
met:
(A) The infestation or infection has been previously reported.
(B) The infestation or infection is covered by the control service
agreement.
(C) There is no additional charge for correcting the infestation
or infection.
(D) Correction of the infestation or infection takes place within
45 days of its discovery.
(E) Correction of the infestation or infection does not include
fumigation.
(5) All notice requirements pursuant to Section 8538 shall apply
to all pesticide treatments conducted under control service
agreements.
(6) For purposes of this section, "control service agreement"
means any agreement, including extended warranties, to have a
licensee conduct over a period of time regular inspections and other
activities related to the control or eradication of wood destroying
pests and organisms.
(i) All work recommended by a registered company, where an
estimate or bid for making repairs was given with the original
inspection report, or thereafter, shall be recorded on this report or
a separate work agreement and shall specify a price for each
recommendation. This information shall be provided to the person
requesting the inspection, and shall be retained by the registered
company with the inspection report copy for three years.
SEC. 98.7. Section 8516 of the Business and Professions Code is
amended to read:
8516. (a) This section, and Section 8519, apply only to wood
destroying pests or organisms, but do not apply to work conducted
pursuant to Section 8516.1.
(b) No registered company or licensee shall commence work on a
contract, or sign, issue, or deliver any documents expressing an
opinion or statement relating to the absence or presence of wood
destroying pests or organisms until an inspection has been made by a
licensed Branch 3 field representative or operator. The registered
company shall retain for three years all field reports from which a
verbal or written estimate of or solutions for work are made. A
written inspection report conforming to this section and on a form
prescribed by the board shall be prepared and delivered to the person
requesting the inspection or to the person's designated agent. A
copy of each report shall be filed with the board at the time the
report is delivered or not later than 10 working days after the date
the inspection is commenced, except an inspection report prepared for
use by an attorney for litigation is not required to be filed with
the board. The report shall be delivered to the person requesting
the inspection, or to the person's designated agent, before work is
commenced. The following shall be set forth in the report:
(1) The date of the inspection and the name of the licensee making
the inspection.
(2) The name and address of the person or firm ordering the
report.
(3) The name and address of any person who is a party in interest.
(4) The address or location of the property.
(5) A general description of the building or premises inspected.
(6) A foundation diagram or sketch of the structure or structures
or portions of the structure or structures inspected, indicating
thereon the approximate location of any infested or infected areas
evident, and the parts of the structure where conditions which would
ordinarily subject those parts to attack by wood destroying pests or
organisms exist.
(7) Information regarding the substructure, foundation walls and
footings, porches, patios and steps, air vents, abutments, attic
spaces, roof framing that includes the eaves, rafters, fascias,
exposed timbers, exposed sheathing, ceiling joists, and attic walls,
or other parts subject to attack by wood destroying pests or
organisms. Conditions usually deemed likely to lead to infestation
or infection, such as earth-wood contacts, excessive cellulose
debris, faulty grade levels, excessive moisture conditions, evidence
of roof leaks, and insufficient ventilation are to be reported.
(8) One of the following statements, as appropriate, printed in
bold type:
(A) The exterior surface of the roof was not inspected. If you
want the water tightness of the roof determined, you should contact a
roofing contractor who is licensed by the Contractors' State License
Board.
(B) The exterior surface of the roof was inspected to determine
whether or not wood destroying pests or organisms are present.
(9) Indication or description of any areas that are inaccessible
or not inspected with recommendation for further inspection if
practicable. If, after the report has been made in compliance with
this section, authority is given later to open inaccessible areas, a
supplemental report on conditions in these areas shall be made.
(10) Recommendations for corrective measures.
(11) Information regarding the pesticide or pesticides to be used
for their control as set forth in subdivision (a) of Section 8538.
(12) The inspection report shall clearly disclose that if
requested by the person ordering the original report, a reinspection
of the structure will be performed if an estimate or bid for making
repairs was given with the original inspection report, or thereafter.
(13) The inspection report shall contain the following statement,
printed in boldface type:
"NOTICE: Reports on this structure prepared by various registered
companies should list the same findings (i.e. termite infestations,
termite damage, fungus damage, etc.). However, recommendations to
correct these findings may vary from company to company. You have a
right to seek a second opinion from another company."
An estimate or bid for repairs shall be given separately
allocating the costs to perform each and every recommendation for
corrective measures as specified in subdivision (c) with the original
inspection report if the person who ordered the original inspection
report so requests, and if the registered company is regularly in the
business of performing corrective measures.
If no estimate or bid was given with the original inspection
report, or thereafter, then the registered company shall not be
required to perform a reinspection.
A reinspection shall be an inspection of those items previously
listed on an original report to determine if the recommendations have
been completed. Each reinspection shall be reported on an original
inspection report form and shall be labeled "Reinspection" in capital
letters by rubber stamp or typewritten. Each reinspection shall
also identify the original report by date and stamp numbers.
After four months from an original inspection, all inspections
shall be original inspections and not reinspections.
Any reinspection shall be performed for not more than the price of
the registered company's original inspection price and shall be
completed within 10 working days after a reinspection has been
ordered.
(c) At the time a report is ordered, the registered company or
licensee shall inform the person or entity ordering the report, that
a separated report is available pursuant to this subdivision. If a
separated report is requested at the time the inspection report is
ordered, the registered company or licensee shall separately identify
on the report each recommendation for corrective measures as
follows:
(1) The infestation or infection that is evident.
(2) The conditions that are present that are deemed likely to lead
to infestation or infection.
If a registered company or licensee fails to inform as required by
this subdivision and a dispute arises, or if any other dispute
arises as to whether this subdivision has been complied with, a
separated report shall be provided within 24 hours of the request
but, in no event, later than the next business day, and at no
additional cost.
(d) When a corrective condition is identified, either as paragraph
(1) or (2) of subdivision (c), and the responsible party, as
negotiated between the buyer and the seller, chooses not to correct
those conditions, the registered company or licensee shall not be
liable for damages resulting from a failure to correct those
conditions or subject to any disciplinary action by the board.
Nothing in this subdivision, however, shall relieve a registered
company or a licensee of any liability resulting from negligence,
fraud, dishonest dealing, other violations pursuant to this chapter,
or contractual obligations between the registered company or licensee
and the responsible parties.
(e) The inspection report form prescribed by the board shall
separately identify the infestation or infection that is evident and
the conditions that are present that are deemed likely to lead to
infestation or infection. If a separated form is requested, the form
shall explain the infestation or infection that is evident and the
conditions that are present that are deemed likely to lead to
infestation or infection and the difference between those conditions.
In no event, however, shall conditions deemed likely to lead to
infestation or infection be characterized as actual "defects" or as
actual "active" infestations or infections or in need of correction
as a precondition to issuing a certification pursuant to Section
8519.
(f) The report and any contract entered into shall also state
specifically when any guarantee for the work is made, and if so, the
specific terms of the guarantee and the period of time for which the
guarantee shall be in effect.
(g) Control service is defined as the regular reinspection of a
property after a report has been made in compliance with this section
and any corrections as have been agreed upon have been completed.
Under a control service agreement a registered company shall refer to
the original report and contract in a manner as to identify them
clearly, and the report shall be assumed to be a true report of
conditions as originally issued, except it may be modified after a
control service inspection. A registered company is not required to
issue a report as outlined in paragraphs (1) to (11), inclusive, of
subdivision (b) after each control service inspection. If after
control service inspection, no modification of the original report is
made in writing, then it will be assumed that conditions are as
originally reported. A control service contract shall state
specifically the particular wood destroying pests or organisms and
the portions of the buildings or structures covered by the contract.
(h) A registered company or licensee may enter into and maintain a
control service agreement provided the following requirements are
met:
(1) The control service agreement shall be in writing, signed by
both parties, and shall specifically include the following:
(A) The wood destroying pests and organisms that could infest and
infect the structure.
(B) The wood destroying pests and organisms covered by the control
service agreement. Any wood destroying pest or organism that is not
covered must be specifically listed.
(C) The type and manner of treatment to be used to correct the
infestations or infections.
(D) The structures or buildings, or portions thereof, covered by
the agreement, including a statement specifying whether the coverage
for purposes of periodic inspections is limited or full. Any
exclusions from those described in the original report must be
specifically listed.
(E) A reference to the original inspection report and agreement.
(F) The frequency of the inspections to be provided, the fee to be
charged for each renewal, and the duration of the agreement.
(G) Whether the fee includes structural repairs.
(H) If the services provided are guaranteed, and, if so, the terms
of the guarantee.
(I) A statement that all corrections of infestations or infections
covered by the control service agreement shall be completed within
six months of discovery, unless otherwise agreed to in writing by
both parties.
(2) Inspections made pursuant to a control service agreement shall
be conducted by a Branch 3 licensee. Section 8506.1 does not modify
this provision.
(3) A full inspection of the property covered by the control
service agreement shall be conducted and a report filed pursuant to
subdivision (b) at least once every three years from the date that
the agreement was entered into, unless the consumer cancels the
contract within three years from the date the agreement was entered
into.
(4) A written report shall be required for the correction of any
infestation or infection unless all of the following conditions are
met:
(A) The infestation or infection has been previously reported.
(B) The infestation or infection is covered by the control service
agreement.
(C) There is no additional charge for correcting the infestation
or infection.
(D) Correction of the infestation or infection takes place within
45 days of its discovery.
(E) Correction of the infestation or infection does not include
fumigation.
(5) All notice requirements pursuant to Section 8538 shall apply
to all pesticide treatments conducted under control service
agreements.
(6) For purposes of this section, "control service agreement"
means any agreement, including extended warranties, to have a
licensee conduct over a period of time regular inspections and other
activities related to the control or eradication of wood destroying
pests and organisms.
(i) All work recommended by a registered company, where an
estimate or bid for making repairs was given with the original
inspection report, or thereafter, shall be recorded on this report or
a separate work agreement and shall specify a price for each
recommendation. This information shall be provided to the person
requesting the inspection, and shall be retained by the registered
company with the inspection report copy for three years.
SEC. 99. Section 8522 of the Business and Professions Code is
amended to read:
8522. Members of the board shall be appointed for a term of four
years, subject to removal by the appointing power at his or her
pleasure.
Vacancies shall be filled by the appointing power for the
unexpired term.
Each member shall hold office until the appointment and
qualification of his or her successor or until one year shall have
elapsed since the expiration of the term for which he or she was
appointed, whichever first occurs. No person shall serve as a member
of the board for more than two consecutive terms.
Each appointment shall be for a four-year term expiring June 1 of
the fourth year following the year in which the previous term
expires.
The Governor shall appoint two of the public members and the two
licensed members qualified as provided in Section 8521. The Senate
Rules Committee and the Speaker of the Assembly shall each appoint a
public member, and their initial appointment shall be made to fill,
respectively, the first and second public member vacancies which
occur on or after January 1, 1983.
The Governor shall appoint the member who is a licentiate of the
board provided at the 1983 portion of the 1983-84 Regular Session of
the Legislature on or before January 15, 1984, and that member's term
shall expire on January 15, 1988. Each appointment thereafter shall
be for a four-year term expiring on January 15th.
SEC. 100. Section 8550 of the Business and Professions Code is
amended to read:
8550. (a) It is unlawful for any individual to engage or offer to
engage in the business of, act in the capacity of, or advertise
himself or herself as, or assume to act as, an operator or a field
representative or an applicator, or to engage or offer to engage in
the practice of structural pest control, unless he or she is licensed
under this chapter. For purposes of this subdivision, "engage in
the practice of structural pest control" shall not include price
quotations given by unlicensed employees of a registered company in
response to a request for that information.
(b) It is unlawful for any firm, partnership, corporation,
association, or other organization or combination thereof to engage
or offer to engage in the practice of structural pest control, unless
registered in accordance with Article 6 (commencing with Section
8610).
SEC. 101. Section 8564.5 of the Business and Professions Code is
amended to read:
8564.5. (a) Any individual 18 years of age or older may apply for
a license as applicator.
(b) The board shall ascertain by written examination that an
applicant for a license as applicator in Branch 2 or Branch 3 has
sufficient knowledge in pesticide equipment, pesticide mixing and
formulation, pesticide application procedures and pesticide label
directions.
(c) The board shall ascertain by written examination that an
applicant for a license as applicator in wood roof cleaning and
treatment has sufficient knowledge of wood preservative application
equipment, wood preservative application procedures, mixing and
formulation and wood preservative label directions.
(d) Passage of the written examination authorizes an individual to
apply any chemical substance in Branch 2 or Branch 3 or any wood
preservative as part of a roof restoration process.
(e) The board may charge a fee for any examination required by
this section in an amount sufficient to cover the cost of
administering the examination, provided, however, that the fee shall
not exceed fifteen dollars ($15).
(f) Nothing in this chapter shall prohibit an applicator,
authorized to apply any chemical substance in Branch 2 or Branch 3 or
wood preservative as part of a roof restoration process before
January 1, 1995, from acting as an applicator pursuant to that
authorization. Upon expiration of the authorization, an applicator's
license shall be required.
SEC. 102. Section 8614 of the Business and Professions Code is
amended to read:
8614. Any person, whether or not a party to a real property
transaction, has a right to request and, upon payment of the required
fee, to obtain directly from the board a certified copy of all
inspection reports and completion notices prepared and filed by any
structural pest control registered company on a particular property
during the preceding two years. Notice of this right shall be
prominently disclosed on every inspection report and work completion
notice.
SEC. 103. Section 8617 of the Business and Professions Code is
amended to read:
8617. (a) The board or county agricultural commissioners, when
acting pursuant to Section 8616.4, may suspend the right of a
structural pest control licensee or registered company to work in a
county for up to three working days or, for a licensee, registered
company, or an unlicensed individual acting as a licensee, may levy a
fine up to one thousand dollars ($1,000) for each violation of this
chapter, or any regulations adopted pursuant to this chapter, or
Chapter 2 (commencing with Section 12751), Chapter 3 (commencing with
Section 14001), Chapter 3.5 (commencing with Section 14101), or
Chapter 7 (commencing with Section 15201) of Division 7 of the Food
and Agricultural Code, or any regulations adopted pursuant to those
chapters, relating to economic poisons. Fines collected shall be
paid to the Education and Enforcement Account in the Structural Pest
Control Education and Enforcement Fund. Suspension may include all
or part of the registered company's business within the county based
on the nature of the violation, but shall, whenever possible, be
restricted to that portion of a registered company's business in a
county that was in violation.
(b) Before a suspension action is taken or a fine levied, the
person charged with the violation shall receive notice of the nature
of the violation and shall be given an opportunity to be heard,
including, the right to review the commissioner's evidence and a
right to present evidence on his or her own behalf.
(c) The person may appeal a fine or suspension to the Disciplinary
Review Committee and shall be subject to the procedures in Section
8662.
(d) If a suspension or fine is ordered, it may not take effect
until 20 days after the date of the decision if no appeal is filed.
If an appeal pursuant to Section 8662 is filed, the order shall be
stayed until 20 days after the committee has ruled on the appeal.
(e) Failure of a licensee or registered company to pay a fine
within 30 days of the date of assessment or to comply with the order
of suspension, unless the citation is being appealed, may result in
disciplinary action being taken by the board.
Where a citation containing a fine is issued to a licensee and it
is not contested or the time to appeal the citation has expired and
the fine is not paid, the full amount of the assessed fine shall be
added to the fee for renewal of that license. A license shall not be
renewed without payment of the renewal fee and fine.
Where a citation containing a fine is issued to a registered
company and it is not contested or the time to appeal the citation
has expired and the fine is not paid, the board shall not sell to the
registered company any inspection stamps, notice of completion
stamps, or pesticide use stamps until the assessed fine has been
paid.
(f) Once final action pursuant to this section is taken, no other
administrative or civil action may be taken by any state governmental
agency for the same violation. However, action taken pursuant to
this section may be used by the board as evidence of prior
discipline, and multiple local actions may be the basis for statewide
disciplinary action by the board pursuant to Section 8620. A
certified copy of the order of suspension or fine issued pursuant to
this section or Section 8662 shall constitute conclusive evidence of
the occurrence of the violation.
SEC. 104. Section 8622 of the Business and Professions Code is
amended to read:
8622. When a complaint is accepted for investigation of a
registered company, the board, through an authorized representative,
may inspect any or all properties on which a report has been
issued pursuant to Section 8516
or a notice of completion has been issued pursuant to Section 8518 by
the registered company to determine compliance with the provisions
of this chapter and the rules and regulations issued thereunder. If
the board determines the property or properties are not in
compliance, a notice shall be sent to the registered company so
stating. The registered company shall have 30 days from the receipt
of the notice to bring such property into compliance, and it shall
submit a new original report or completion notice or both and an
inspection fee of not more than one hundred twenty-five dollars
($125) for each property inspected. If a subsequent reinspection is
necessary, pursuant to the board's review of the new original report
or notice or both, a commensurate reinspection fee shall also be
charged. If the board's authorized representative makes no
determination or determines the property is in compliance, no
inspection fee shall be charged.
The notice sent to the registered company shall inform the
registered company that if it desires a hearing to contest the
finding of noncompliance, the hearing shall be requested by written
notice to the board within 20 days of receipt of the notice of
noncompliance from the board. Where a hearing is not requested
pursuant to this section, payment of any assessment shall not
constitute an admission of any noncompliance charged.
SEC. 105. Section 8656 is added to the Business and Professions
Code, to read:
8656. In addition to the remedies provided for in Section 125.9,
when the licensee who is a registered company has failed to pay the
fine assessed pursuant to a citation within 30 days of the date of
assessment, unless the citation is being appealed, the board shall
not sell to the registered company any inspection stamps, notice of
completion stamps, or pesticide use stamps until the assessed fine
has been paid.
SEC. 106. Section 8666 is added to the Business and Professions
Code, to read:
8666. It shall be unlawful for any licensee under this chapter to
recommend or to perform any pest control corrective work under any
contract or agreement that the licensee knows or has reason to know
is in excess of that required to eliminate the condition for which
the licensee was employed.
A violation of this section is a public offense and is punishable
upon the first conviction by imprisonment in the county jail for not
more than six months, or by a fine not to exceed ten thousand dollars
($10,000), or by both that imprisonment and fine.
SEC. 106.5. Section 8675 of the Business and Professions Code is
amended to read:
8675. The delinquent penalty for a renewal of any license issued
under this chapter applied for after the expiration date of the
license shall be 50 percent of the fee required for the renewal of
the license applied for before the expiration date but not more than
one hundred dollars ($100).
SEC. 107. Section 98.7 of this bill incorporates amendments to
Section 8516 of the Business and Professions Code proposed by both
this bill and SB 1546. It shall only become operative if (1) both
bills are enacted and become effective on January 1, 1997, (2) each
bill amends Section 8516 of the Business and Professions Code, and
(3) this bill is enacted after SB 1546, in which case Section 98.5 of
this bill shall not become operative.
SEC. 108. Section 27.5 of this bill incorporates amendments to
Section 2636.5 of the Business and Professions Code proposed by both
this bill and SB 1962. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 1997,
(2) each bill amends Section 2636.5 of the Business and Professions
Code, and (3) this bill is enacted after SB 1962, in which case
Section 27 of this bill shall not become operative.
SEC. 109. Section 30.5 of this bill incorporates amendments to
Section 2639 of the Business and Professions Code proposed by both
this bill and SB 1962. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 1997,
(2) each bill amends Section 2639 of the Business and Professions
Code, and (3) this bill is enacted after SB 1962, in which case
Section 30 of this bill shall not become operative.
SEC. 110. Section 40.5 of this bill incorporates amendments to
Section 2655.4 of the Business and Professions Code proposed by both
this bill and SB 1962. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 1997,
(2) each bill amends Section 2655.4 of the Business and Professions
Code, and (3) this bill is enacted after SB 1962, in which case
Section 40 of this bill shall not become operative.
SEC. 111. Section 44.5 of this bill incorporates amendments to
Section 2655.71 of the Business and Professions Code proposed by both
this bill and SB 1962. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 1997,
(2) each bill amends Section 2655.71 of the Business and Professions
Code, and (3) this bill is enacted after SB 1962, in which case
Section 44 of this bill shall not become operative.
SEC. 112. Section 47.5 of this bill incorporates amendments to
Section 2655.91 of the Business and Professions Code proposed by both
this bill and SB 1962. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 1997,
(2) each bill amends Section 2655.91 of the Business and Professions
Code, and (3) this bill is enacted after SB 1962, in which case
Section 47 of this bill shall not become operative.
SEC. 113. Section 66.5 of this bill incorporates amendments to
Section 2688 of the Business and Professions Code proposed by both
this bill and SB 1962. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 1997,
(2) each bill amends Section 2688 of the Business and Professions
Code, and (3) this bill is enacted after SB 1962, in which case
Section 66 of this bill shall not become operative.
SEC. 114. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.