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

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Date Published: 10/09/2017 09:00 PM
AB1229:v94#DOCUMENT

Assembly Bill No. 1229
CHAPTER 586

An act to amend Sections 2841, 2847.1, 2867.5, 2894, 4501, and 4503 of, to add Sections 2841.2, 2841.3, 2847.6, 4501.2, and 4503.1 to, and to add and repeal Sections 2847.3, 2847.7, and 2847.8 of, the Business and Professions Code, relating to healing arts.

[ Approved by Governor  October 08, 2017. Filed with Secretary of State  October 08, 2017. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1229, Low. Healing arts: Board of Vocational Nursing and Psychiatric Technicians of the State of California.
Existing law establishes the Department of Consumer Affairs and places the department under the control of the Director of Consumer Affairs. Existing law requires the Board of Vocational Nursing and Psychiatric Technicians of the State of California, which is within the department, to license and regulate vocational nurses and psychiatric technicians and requires the board to appoint an executive officer to perform duties as delegated by the board. Existing law repeals the provisions establishing the board and the board’s authority to appoint an executive officer on January 1, 2018.
This bill would extend the operation of the board and its authority to license and regulate vocational nurses and psychiatric technicians until January 1, 2021. The bill would temporarily abolish the existing executive officer provision and would establish a new executive officer who would be appointed by the Governor and who would serve at the pleasure of the Governor. The bill would require the newly established executive officer to perform duties as delegated by the board, would prohibit the executive officer from being a member of the board, and would provide that the executive officer is entitled to necessary expenses in the performance of his or her duties. The bill would repeal the provisions regarding the new executive officer on January 1, 2020. The bill would, if the board becomes inoperative or is repealed, authorize the director, until December 31, 2024, to assume the duties, powers, purposes, responsibilities, and jurisdiction of the board and its executive officer that are not otherwise repealed or made inoperative. The bill would also make nonsubstantive changes.
Existing law requires the director to appoint an administrative and enforcement program monitor to monitor and evaluate the administrative process and disciplinary system and procedures of the board and requires the monitor to submit a report of his or her findings and conclusions to the Legislature, the department, and the board, as specified.
This bill would require the board to 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.
This bill would require staff of the board to 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. The bill would require the board to submit a report to the department in advance of each meeting that includes, at a minimum, certain information. The bill would require the board and its staff to cooperate with the director and the department. The bill would repeal these provisions on January 1, 2020.
The bill would authorize the director to direct department staff to review and evaluate the board’s licensing systems and procedures for the purpose of identifying deficiencies and improving quality and efficiency of the board’s licensing process, and would require the board and the board’s staff to cooperate with the director and the department, as specified. The bill would repeal these provisions on January 1, 2020.
Existing law establishes the Vocational Nursing and Psychiatric Technicians Fund in the State Treasury, and requires that all money in the fund be used to carry out the Vocational Nursing Practice Act and the Psychiatric Technicians Law, and for the refund of license fees and other moneys paid into the fund under certain provisions of law. Existing law requires that claims against the fund be audited by the Controller, and paid by the Treasurer upon warrants drawn by the Controller.
This bill would specify that moneys in the fund shall be available upon appropriation by the Legislature.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


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) 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, 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) 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) With the approval of the Director of Finance, the board shall fix the salary of the executive officer.
(c) 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.
(d) Commencing January 1, 2018, the executive officer appointed by the board pursuant to subdivision (a) is abolished. Thereafter, until January 1, 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).
(e) This section shall remain in effect only until January 1, 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 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) “Board,” as used in this chapter, 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, 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 this chapter.
(b) This section shall remain in effect only until January 1, 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.