Today's Law As Amended


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AB-1229 Healing arts: Board of Vocational Nursing and Psychiatric Technicians of the State of California. (2017-2018)



As Amends the Law Today


SECTION 1.

 Section 2841 of the Business and Professions Code is amended 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, which consists of 11 members.
(b) As used in this chapter, “board” means  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(c) This section shall remain in effect only until January 1, 2029, 2021,  and as of that date is repealed.

SEC. 2.

 Section 2841.2 is added to the Business and Professions Code, to read:

2841.2.
 Notwithstanding any other law, the repeal of Section 2841 renders the successor entity to the board in Section 2841 subject to review by the appropriate policy committees of the Legislature.

SEC. 3.

 Section 2841.3 is added to the Business and Professions Code, to read:

2841.3.
 If the board becomes inoperative or is repealed, the director may, until December 31, 2024, assume the duties, powers, purposes, responsibilities, and jurisdiction of the board and its executive officer that are not otherwise repealed or made inoperative.

SEC. 4.

 Section 2847.1 of the Business and Professions Code is amended to read:

2847.1.
 (a) Except as provided in subdivision (f), the  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. The executive officer shall not be a member of the board. 
(b) The executive officer shall not be a member of the board.
(c) (b)  With the approval of the Director of Finance, the board shall fix the salary of the executive officer.
(d) (c)  The executive officer shall be entitled to traveling and other necessary expenses in the performance of their duties. The executive officer 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) (d)  Commencing January 1, 2018, the executive officer appointed by the board pursuant to subdivision (a) is abolished. Thereafter, until January 1, 2022, 2020,  the executive officer shall be appointed as set forth in Section 2847.3. Commencing January 1, 2020, the executive officer shall, again, be appointed by the board as set forth in subdivision (a). 
(f) Commencing January 1, 2022, the executive officer shall, again, be selected by the board as set forth in subdivision (a), except that any executive officer in office on December 31, 2021, shall continue in the position as executive officer of the board until the position is vacated or the board selects another executive officer.
(g) (e)  This section shall remain in effect only until January 1, 2029, 2021,  and as of that date is repealed.

SEC. 5.

 Section 2847.3 is added to the Business and Professions Code, to read:

2847.3.
 (a) Commencing January 1, 2018, the executive officer position established pursuant to subdivision (d) of Section 2847.1 is temporarily abolished. Commencing January 1, 2018, the Governor shall appoint an executive officer who shall perform duties as are delegated by the board and who shall be responsible for the accomplishment of those duties. The executive officer shall exercise all powers, discharge all responsibilities, and administer and enforce all laws pursuant to this chapter and Chapter 10 (commencing with Section 4500) of Division 2 that are necessary to perform the duties delegated by the board.
(b) The executive officer shall serve at the pleasure of the Governor and the Governor shall fix the salary of the executive officer. The executive officer shall not be a member of the board.
(c) The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties.
(d) This section shall become operative on January 1, 2018, and shall remain in effect only until January 1, 2020, and as of that date is repealed.

SEC. 6.

 Section 2847.6 is added to the Business and Professions Code, to read:

2847.6.
 The board shall submit written reports to the director and the Legislature no later than April 1, 2018, July 1, 2018, October 1, 2018, January 1, 2019, July 1, 2019, and January 1, 2020, demonstrating its progress in implementing the administrative and enforcement program monitor’s recommendations pursuant to Section 2847.5.

SEC. 7.

 Section 2847.7 is added to the Business and Professions Code, to read:

2847.7.
 (a) The director may direct department staff, including staff of the Strategic Organization, Leadership, and Individual Development (SOLID) Training and Planning Office, to review and evaluate the board’s licensing systems and procedures, as determined appropriate by the director, for the purpose of identifying deficiencies and improving the quality and efficiency of the board’s licensing processes.
(b) The board and its staff shall cooperate with the director and the department and shall comply with the department’s request to provide access to board staff, data, information, and files, as requested, to perform the review and evaluation specified in subdivision (a).
(c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.

SEC. 8.

 Section 2847.8 is added to the Business and Professions Code, to read:

2847.8.
 (a) Staff of the board shall meet with staff from the department’s Division of Investigation no later than March 1, 2018, June 1, 2018, September 1, 2018, and December 1, 2018, and each March 1, June 1, September 1, and December 1 thereafter, for the purpose of ensuring the appropriate function and operation of the board’s enforcement program.
(b) The board shall submit a report to the department in advance of each meeting specified in subdivision (a) that includes, at a minimum, the following information for each complaint:
(1) The type of allegation.
(2) A summary of the complaint.
(3) The current status of the complaint.
(4) Information identifying whether the complaint was assigned to the Division of Investigation or retained by the board for investigation.
(c) The board and its staff shall cooperate with the director and the department and shall comply with the department’s request to provide access to board staff, data, information, and files as requested.
(d) The director, through the Division of Investigation, shall have the authority to determine the need for and to implement changes necessary for the appropriate administration of the board’s enforcement functions.
(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.

SEC. 9.

 Section 2867.5 of the Business and Professions Code is amended to read:

2867.5.
 Every person to whom a license is issued shall, as a condition precedent to its issuance and in addition to any other fee that may be payable, pay the initial license fee prescribed by this chapter.

SEC. 10.

 Section 2894 of the Business and Professions Code is amended to read:

2894.
 (a) All money in the Vocational Nursing and Psychiatric Technicians Fund shall be available, upon appropriation by of  the Legislature, to carry out this chapter, including the promotion of nursing education in this state, and Chapter 10 (commencing with Section 4500), and for the refund, in accordance with law, of license fees or other moneys paid into the Vocational Nursing and Psychiatric Technicians Fund under the provisions of this chapter and Chapter 10 (commencing with Section 4500).
(b) Claims against the Vocational Nursing and Psychiatric Technicians Fund shall be audited by the Controller, and shall be paid by the Treasurer upon warrants drawn by the Controller.

SEC. 11.

 Section 4501 of the Business and Professions Code is amended to read:

4501.
 (a) As  “Board,” as  used in this chapter, “board”  means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(b) This section shall remain in effect only until January 1, 2029, 2021,  and as of that date is repealed.

SEC. 12.

 Section 4501.2 is added to the Business and Professions Code, to read:

4501.2.
 Notwithstanding any other law, the repeal of Section 4501 renders the successor entity to the board in Section 4501 subject to review by the appropriate policy committees of the Legislature.

SEC. 13.

 Section 4503 of the Business and Professions Code is amended to read:

4503.
 (a) The board shall administer and enforce the provisions of  this chapter.
(b) This section shall remain in effect only until January 1, 2029, 2021,  and as of that date is repealed.

SEC. 14.

 Section 4503.1 is added to the Business and Professions Code, to read:

4503.1.
 Notwithstanding any other law, the repeal of Section 4503 renders the successor entity to the board in Section 4503 subject to review by the appropriate policy committees of the Legislature.