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SB-373 Board of Behavioral Sciences, Board of Psychology, and Veterinary Medical Board: licensees’ and registrants’ addresses.(2023-2024)

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Date Published: 09/15/2023 09:00 PM
SB373:v92#DOCUMENT

Enrolled  September 15, 2023
Passed  IN  Senate  September 13, 2023
Passed  IN  Assembly  September 12, 2023
Amended  IN  Assembly  September 08, 2023
Amended  IN  Assembly  August 31, 2023
Amended  IN  Assembly  June 21, 2023
Amended  IN  Senate  April 20, 2023
Amended  IN  Senate  April 13, 2023
Amended  IN  Senate  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 373

Introduced by Senator Menjivar

February 09, 2023

An act to amend Section 27 of, and to add Sections 2937, 4809.9, and 4990.11 to, the Business and Professions Code, relating to professions and vocations.


LEGISLATIVE COUNSEL'S DIGEST


SB 373, Menjivar. Board of Behavioral Sciences, Board of Psychology, and Veterinary Medical Board: licensees’ and registrants’ addresses.
Existing law creates the Department of Consumer Affairs, which is composed of various boards that license and regulate specified professions deemed to engage in activities that have potential impact upon the public health, safety, and welfare. Existing law requires the Board of Behavioral Sciences, Board of Psychology, and Veterinary Medical Board, among other boards, to post information regarding the status of every license issued by those boards on the board’s internet website. Existing law exempts personal information of licensees from this disclosure requirement, including home telephone number, date of birth, and social security number.
This bill would, with certain exceptions, prohibit the Board of Behavioral Sciences, the Board of Psychology, and the Veterinary Medical Board from disclosing on the internet the full address of record of certain licensees and registrants, and would require those boards to disclose the city, state, county, and ZIP Code of the address of record of those licensees and registrants. The bill would require those boards to establish a process, as specified, for providing a licensee’s or registrant’s full address of record upon receipt of a request that is related to a court proceeding against or request for records from the licensee or registrant.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
This bill would incorporate additional changes to Section 27 of the Business and Professions Code proposed by AB 1263 to be operative only if this bill and AB 1263 are enacted and this bill is enacted last.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 27 of the Business and Professions Code is amended to read:

27.
 (a) Each entity specified in subdivisions (c), (d), and (e) shall provide on the internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensee’s address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of the licensee’s home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as the licensee’s address of record, to provide a physical business address or residence address only for the entity’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the internet.
(b) In providing information on the internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs’ guidelines for access to public records.
(c) Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1) The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2) The Bureau of Automotive Repair shall disclose information on its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations.
(3) The Bureau of Household Goods and Services shall disclose information on its licensees, registrants, and permitholders.
(4) The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5) The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6) The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7) The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8) The California Board of Accountancy shall disclose information on its licensees and registrants.
(9) The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10) The State Athletic Commission shall disclose information on its licensees and registrants.
(11) The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12) The Acupuncture Board shall disclose information on its licensees.
(13) The Board of Behavioral Sciences shall disclose information on its licensees and registrants.
(14) The Dental Board of California shall disclose information on its licensees.
(15) The California State Board of Optometry shall disclose information on its licensees and registrants.
(16) The Board of Psychology shall disclose information on its licensees, including psychologists and registered psychological associates.
(17) The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d) The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e) The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f) Notwithstanding subdivisions (a) and (c), the Board of Behavioral Sciences shall not disclose on the internet the full address of record of their licensees and registrants. However, the board shall disclose the city, state, county, and ZIP Code of the address of record for its licensees and registrants. This subdivision shall not apply to secondary documents linked to the board’s internet website which may contain an address.
(g) Notwithstanding subdivisions (a) and (c), the Board of Psychology shall not disclose on the internet the full address of record of their licensees and registered psychological associates. However, the board shall disclose the city, state, county, and ZIP Code of the address of record for its licensees and registered psychological associates. This subdivision shall not apply to secondary documents linked to the board’s internet website which may contain an address.
(h) Notwithstanding subdivisions (a) and (c), the Veterinary Medical Board shall not disclose on the internet the full address of record of their licensees and registrants. However, the board shall disclose the city, state, county, and ZIP Code of the address of record for its licensees and registrants. This subdivision shall not apply to secondary documents linked to the board’s internet website which may contain an address.
(i) “Internet” for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.

SEC. 1.5.

 Section 27 of the Business and Professions Code is amended to read:

27.
 (a) Each entity specified in subdivisions (c), (d), and (e) shall provide on the internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensee’s address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of the licensee’s home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as the licensee’s address of record, to provide a physical business address or residence address only for the entity’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the internet.
(b) In providing information on the internet, each entity specified in subdivisions (c) and (d) shall comply with the Department of Consumer Affairs’ guidelines for access to public records.
(c) Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section:
(1) The Board for Professional Engineers, Land Surveyors, and Geologists shall disclose information on its registrants and licensees.
(2) The Bureau of Automotive Repair shall disclose information on its licensees, including automotive repair dealers, smog check stations, smog check inspectors and repair technicians, and vehicle safety systems inspection stations and technicians.
(3) The Bureau of Household Goods and Services shall disclose information on its licensees, registrants, and permitholders.
(4) The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors.
(5) The Professional Fiduciaries Bureau shall disclose information on its licensees.
(6) The Contractors State License Board shall disclose information on its licensees and registrants in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7) The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.
(8) The California Board of Accountancy shall disclose information on its licensees and registrants.
(9) The California Architects Board shall disclose information on its licensees, including architects and landscape architects.
(10) The State Athletic Commission shall disclose information on its licensees and registrants.
(11) The State Board of Barbering and Cosmetology shall disclose information on its licensees.
(12) The Acupuncture Board shall disclose information on its licensees.
(13) The Board of Behavioral Sciences shall disclose information on its licensees and registrants.
(14) The Dental Board of California shall disclose information on its licensees.
(15) The California State Board of Optometry shall disclose information on its licensees and registrants.
(16) The Board of Psychology shall disclose information on its licensees, including psychologists and registered psychological associates.
(17) The Veterinary Medical Board shall disclose information on its licensees, registrants, and permitholders.
(d) The State Board of Chiropractic Examiners shall disclose information on its licensees.
(e) The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment.
(f) Notwithstanding subdivisions (a) and (c), the Board of Behavioral Sciences shall not disclose on the internet the full address of record of their licensees and registrants. However, the board shall disclose the city, state, county, and ZIP Code of the address of record for its licensees and registrants. This subdivision shall not apply to secondary documents linked to the board’s internet website which may contain an address.
(g) Notwithstanding subdivisions (a) and (c), the Board of Psychology shall not disclose on the internet the full address of record of their licensees and registered psychological associates. However, the board shall disclose the city, state, county, and ZIP Code of the address of record for its licensees and registered psychological associates. This subdivision shall not apply to secondary documents linked to the board’s internet website which may contain an address.
(h) Notwithstanding subdivisions (a) and (c), the Veterinary Medical Board shall not disclose on the internet the full address of record of their licensees and registrants. However, the board shall disclose the city, state, county, and ZIP Code of the address of record for its licensees and registrants. This subdivision shall not apply to secondary documents linked to the board’s internet website which may contain an address.
(i) “Internet” for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.

SEC. 2.

 Section 2937 is added to the Business and Professions Code, to read:

2937.
 (a) Notwithstanding Section 27, the board shall not disclose on the internet the full address of record of its licensees and registrants. However, the board shall disclose the city, state, county, and ZIP Code of the address of record for its licensees and registrants. This section shall not apply to secondary documents linked to the board’s internet website which may contain an address.
(b) The board shall establish a process for providing a licensee’s or registrant’s full address of record upon receipt of a request that is related to a court proceeding against or request for records from the licensee or registrant. The process shall ensure that the request is completed within 10 business days. This subdivision shall be implemented in compliance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

SEC. 3.

 Section 4809.9 is added to the Business and Professions Code, to read:

4809.9.
 (a) Notwithstanding Section 27, the board shall not disclose on the internet the full address of record of its licensees and registrants. However, the board shall disclose the city, state, county, and ZIP Code of the address of record for its licensees and registrants. This section shall not apply to secondary documents linked to the board’s internet website which may contain an address.
(b) The board shall establish a process for providing a licensee’s or registrant’s full address of record upon receipt of a request that is related to a court proceeding against or request for records from the licensee or registrant. The process shall ensure that the request is completed within 10 business days. This subdivision shall be implemented in compliance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

SEC. 4.

 Section 4990.11 is added to the Business and Professions Code, to read:

4990.11.
 (a) Notwithstanding Section 27, the board shall not disclose on the internet the full address of record of its licensees and registrants. However, the board shall disclose the city, state, county, and ZIP Code of the address of record for its licensees and registrants. This section shall not apply to secondary documents linked to the board’s internet website which may contain an address.
(b) The board shall establish a process for providing a licensee’s or registrant’s full address of record upon receipt of a request that is related to a court proceeding against or request for records from the licensee or registrant. The process shall ensure that the request is completed within 10 business days. This subdivision shall be implemented in compliance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

SEC. 5.

 The Legislature finds and declares that Section 1 of this act, which amends Section 27 of the Business and Professions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
This act balances the public’s right to access records of the entities within the Department of Consumer Affairs with the need to protect the privacy of licensees.

SEC. 6.

 Section 1.5 of this bill incorporates amendments to Section 27 of the Business and Professions Code proposed by both this bill and Assembly Bill 1263. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 27 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 1263, in which case Section 1 of this bill shall not become operative.