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AB-1545 Professions and vocations.(2007-2008)

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AB1545:v93#DOCUMENT

Assembly Bill No. 1545
CHAPTER 35

An act to add and repeal Sections 1601.1, 1616.5, 2531, 2531.75, 2841, 2847, 4501, 4503, and 7303 of the Business and Professions Code, relating to professions and vocations.

[ Approved by Governor  June 23, 2008. Filed with Secretary of State  June 23, 2008. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1545, Eng. Professions and vocations.
Existing law establishes the Dental Board of California, the Speech-Language Pathology and Audiology Board, the Board of Vocational Nursing and Psychiatric Technicians, and the Board of Barbering and Cosmetology in the Department of Consumer Affairs. Existing law authorizes the Dental Board of California and the Speech-Language Pathology and Audiology Board to appoint executive officers, requires the Board of Vocational Nursing and Psychiatric Technicians to select an executive officer, and requires the Board of Barbering and Cosmetology to appoint an executive officer, as specified. Under existing law, the provisions establishing these boards and their authority to appoint or select executive officers will become inoperative on July 1, 2008, and be repealed on January 1, 2009.
This bill would establish a new Dental Board of California, Speech-Language Pathology and Audiology Board, Board of Vocational Nursing and Psychiatric Technicians, and Board of Barbering and Cosmetology and would vest each board with the same powers as the previous board of the same name. The bill would require the Board of Vocational Nursing and Psychiatric Technicians, and would authorize the other boards, to appoint an executive officer. The bill would repeal the authority for these boards and their executive officers on January 1, 2012. The bill would authorize the executive officer of a previous board to serve as interim executive officer of a board until the appointment of a permanent executive officer, as specified, and would provide that members of a previous board would serve temporarily as interim board members until the appointment of members to the board.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1601.1 is added to the Business and Professions Code, to read:

1601.1.
 (a) There shall be in the Department of Consumer Affairs the Dental Board of California in which the administration of this chapter is vested. The board shall consist of eight practicing dentists, one registered dental hygienist, one registered dental assistant, and four public members. Of the eight practicing dentists, one shall be a member of a faculty of any California dental college, and one shall be a dentist practicing in a nonprofit community clinic. The appointing powers, described in Section 1603, may appoint to the board a person who was a member of the prior board. The board shall be organized into standing committees dealing with examinations, enforcement, and other subjects as the board deems appropriate.
(b) For purposes of this chapter, any reference in this chapter to the Board of Dental Examiners shall be deemed to refer to the Dental Board of California.
(c) The board shall have all authority previously vested in the existing board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board.
(d) This section shall remain in effect only until January 1, 2012, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2012, deletes or extends that date. The repeal of this section renders the board subject to the review required by Division 1.2 (commencing with Section 473).

SEC. 2.

 Section 1616.5 is added to the Business and Professions Code, to read:

1616.5.
 (a) The board, by and with the approval of the director, 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.
(b) This section shall remain in effect only until January 1, 2012, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2012, deletes or extends that date.

SEC. 3.

 Section 2531 is added to the Business and Professions Code, to read:

2531.
 (a) There is in the Department of Consumer Affairs a Speech-Language Pathology and Audiology Board in which the enforcement and administration of this chapter are vested. The Speech-Language Pathology and Audiology Board shall consist of nine members, three of whom shall be public members.
(b) This section shall remain in effect only until January 1, 2012, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2012, deletes or extends that date. The repeal of this section renders the board subject to the review required by Division 1.2 (commencing with Section 473).

SEC. 4.

 Section 2531.75 is added to the Business and Professions Code, to read:

2531.75.
 (a) 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.
(b) This section shall remain in effect only until January 1, 2012, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2012, deletes or extends that date.

SEC. 5.

 Section 2841 is added to the Business and Professions Code, to read:

2841.
 (a) There is in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, consisting of 11 members.
(b) Within the meaning of this chapter, “board,” or “the board,” refers to the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(c) This section shall remain in effect only until January 1, 2012, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2012, deletes or extends that date. The repeal of this section renders the board subject to the review required by Division 1.2 (commencing with Section 473).

SEC. 6.

 Section 2847 is added to the Business and Professions Code, to read:

2847.
 (a) The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties.
(b) The person selected to be the executive officer of the board shall be a duly licensed vocational nurse under this chapter, a duly licensed professional nurse as defined in Section 2725, or a duly licensed psychiatric technician. The executive officer shall not be a member of the board.
(c) With the approval of the Director of Finance, the board shall fix the salary of the executive officer.
(d) The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.
(e) This section shall remain in effect only until January 1, 2012, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2012, deletes or extends that date.

SEC. 7.

 Section 4501 is added to the Business and Professions Code, to read:

4501.
 (a) “Board,” as used in this chapter, means the Board of Vocational Nursing and Psychiatric Technicians.
(b) This section shall remain in effect only until January 1, 2012, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2012, deletes or extends that date.

SEC. 8.

 Section 4503 is added to the Business and Professions Code, to read:

4503.
 (a) The board shall administer and enforce this chapter.
(b) This section shall remain in effect only until January 1, 2012, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2012, deletes or extends that date.

SEC. 9.

 Section 7303 is added to the Business and Professions Code, to read:

7303.
 (a) Notwithstanding Article 8 (commencing with Section 9148) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, there is in the Department of Consumer Affairs the State Board of Barbering and Cosmetology in which the administration of this chapter is vested.
(b) The board shall consist of nine members. Five members shall be public members, and four members shall represent the professions. The Governor shall appoint three of the public members and the four professional members. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one public member. Members of the board shall be appointed for a term of four years, except that of the members appointed by the Governor, two of the public members and two of the professions members shall be appointed for an initial term of two years. No board member may serve longer than two consecutive terms.
(c) The board may appoint an executive officer who is exempt from civil service. The executive officer shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter. The appointment of the executive officer is subject to the approval of the director. In the event that a newly authorized board replaces an existing or previous bureau, the director may appoint an interim executive officer for the board who shall serve temporarily until the new board appoints a permanent executive officer.
(d) The executive officer shall provide examiners, inspectors, and other personnel necessary to carry out the provisions of this chapter.
(e) This section shall remain in effect only until January 1, 2012, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2012, deletes or extends that date.

SEC. 10.

 (a) If members are not appointed to a board on January 1, 2009, pursuant to Section 1601.1, 2531, 2841, or 7303 of the Business and Professions Code, persons who served as board members of the prior board on June 30, 2008, shall serve temporarily as interim board members on the board until such time as board members are appointed to that board pursuant to Section 1601.1, 2531, 2841, or 7303 of the Business and Professions Code. For purposes of appointing board members pursuant to Sections 1601.1, 2531, 2841, and 7303 of the Business and Professions Code, the appointing powers may appoint to any board a person who was a member of the prior board on June 30, 2008.
(b) Notwithstanding any other provision of law, a person serving on December 31, 2008, as executive officer of a board pursuant to Section 1616.5, 2531.75, 2847, or 7303.5 may serve as an interim executive officer of the Dental Board of California, Speech-Language Pathology and Audiology Board, Board of Vocational Nursing and Psychiatric Technicians, or Board of Barbering and Cosmetology, respectively, until the board appoints a permanent executive officer for that board pursuant to Section 1616.5, 2531.75, 2847, or 7303 of the Business and Professions Code. An appointing power may, pursuant to Section 1616.5, 2531.75, 2847, or 7303, appoint the executive officer of the previous board as an executive officer.