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SB-1310 Professions and vocations: consumer complaints.(2021-2022)

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Date Published: 02/18/2022 09:00 PM
SB1310:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1310


Introduced by Senator Leyva

February 18, 2022


An act to amend Section 328 of the Business and Professions Code, relating to professions and vocations.


LEGISLATIVE COUNSEL'S DIGEST


SB 1310, as introduced, Leyva. Professions and vocations: consumer complaints.
Existing law establishes the Department of Consumer Affairs under the direction of the Director of Consumer Affairs, and requires the director to receive complaints from consumers concerning prescribed matters, including violations of California law governing businesses and professions licensed by any agency of the department, and promulgated regulations. Existing law requires the director, through the Division of Investigation, to implement complaint prioritization guidelines for boards within the department to utilize in prioritizing their respective complaint and investigative workloads. Existing law requires the director to amend the guidelines to include the category of “allegations of serious harm to a minor” under the “urgent” or “highest priority” level on or before July 1, 2019.
This bill would require the director to post these guidelines on the department’s internet website and periodically amend this material. The bill would remove the obsolete provision requiring the director to amend the guidelines to include the category described above under the “urgent” or “highest priority” level.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 328 of the Business and Professions Code is amended to read:

328.
 (a) In order to implement the Consumer Protection Enforcement Initiative of 2010, the director, through the Division of Investigation, shall implement “Complaint Prioritization Guidelines” for boards to utilize in prioritizing their respective complaint and investigative workloads. The guidelines shall be used to determine the referral of complaints to the division and those that are retained by the health care boards for investigation. The director shall post these guidelines on the department’s internet website and shall periodically amend this material.
(b) Neither the Medical Board of California nor the Podiatric Medical Board of California shall be required to utilize the guidelines implemented pursuant to subdivision (a).

(c)On or before July 1, 2019, the director shall amend the guidelines implemented pursuant to subdivision (a) to include the category of “allegations of serious harm to a minor” under the “urgent” or “highest priority” level.