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AB-1869 State boards and commissions: reorganization.(2007-2008)



Current Version: 04/03/08 - Amended Assembly         Compare Versions information image


AB1869:v98#DOCUMENT

Amended  IN  Assembly  April 03, 2008

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 1869


Introduced  by  Assembly Member Anderson

February 04, 2008


An act relating to state boards and commissions. An act to amend Sections 27, 101, 112, 116, 120, 123.5, 124, 125.5, 126, 128.5, 144, 149, 473.3, 1601.1, 1618.5, 1619, 1620.1, 1741, 1742, 2020, 2460, 2460.1, 2461, 2470, 2475.2, 2475.3, 2479, 2480, 2481, 2483, 2484, 2486, 2488, 2492, 2493, 2496, 2497, 2497.5, 2498, 2499, 2499.5, 2499.6, 2499.8, 2530.2, 2531.02, 2531.3, 2531.4, 2531.5, 2531.95, 2538, 2538.1, 2570.2, 2570.20, 2570.30, 2601, 2602, 2602.1, 2605, 2607, 2608.5, 2609, 2613, 2614, 2615, 2632, 2701, 2708.1, 2709.5, 2710.5, 2713, 2715, 2717, 2841, 2841.1, 2854, 2857, 2858, 2878.1, 2895.5, 2902, 2915.5, 2915.7, 2920, 2920.1, 2930, 2930.5, 2931, 2933, 2934, 2936, 2987.2, 2987.3, 3004, 3010.1, 3018, 3019, 3023, 3024, 3025, 3025.1 3025.2, 3025.5, 3025.6, 3026, 3027, 3028, 3055, 3075, 3300, 3501, 3504.1, 3509, 3510, 3512, 3519.5, 3704, 3710, 3710.1, 3716, 3717, 3718, 3719, 3719.5, 3722, 3766, 3767, 3768, 3769.3, 3778, 4001.1, 4115, 4116, 4501, 4501.1, 4502.2, 4503, 4504, 4505, 4507, 4509.5, 4521.2, 4800.1, 4808, 4809, 4809.5, 4809.6, 4809.7, 4810,4826, 4828, 4830, 4833, 4836, 4836.5, 4837, 4838, 4839, 4841.5, 4842, 4842.1, 4842.2, 4842.5, 4842.6, 4843, 4843.5, 4844, 4846, 4846.1, 4846.2, 4846.4, 4846.5, 4847, 4848, 4848.3, 4849, 4852, 4853, 4853.1, 4853.5, 4853.6, 4854, 4855, 4856, 4860, 4861, 4865, 4866, 4868, 4871, 4872, 4873, 4875, 4875.2, 4875.4, 4875.6, 4876, 4881, 4883, 4885, 4886, 4887, 4900, 4901, 4902, 4904, 4905, 4916, 4925, 4927, 4928, 4928.1, 4933, 4934, 4935, 4938, 4939, 4940, 4941, 4944, 4974, 4979, 4980.03, 4980.07, 4980.30, 4980.34, 4980.35, 4980.38, 4980.39, 4980.395, 4980.40, 4980.43, 4980.44, 4980.50, 4980.54, 4980.57, 4980.60, 4980.70, 4980.80, 4980.90, 4981, 4982, 4982.05, 4984, 4984.01, 4984.5, 4984.6, 4984.7, 4984.75, 4984.8, 4984.9, 4987.5, 4989.12, 4989.16, 4989.18, 4989.20, 4989.22, 4989.24, 4989.26, 4989.28, 4989.30, 4989.32, 4989.34, 4989.40, 4989.44, 4989.46, 4989.54, 4989.56, 4989.58, 4989.62, 4989.64, 4989.68, 4989.70, 4990.12, 4990.18, 4990.20, 4990.22, 4990.24, 4990.26, 4990.28, 4990.34, 4990.36, 4990.38, 4990.40, 4994, 4996.1, 4996.2, 4996.3, 4996.5, 4996.6, 4996.11, 4996.17, 4996.18, 4996.20, 4996.21, 4996.22, 4996.23, 4996.25, 4996.26, 4996.28, 4996.65, 4997, 5008, 5009, 5010, 5013, 5015, 5018, 5020, 5022, 5023, 5024, 5025.1, 5026, 5027, 5028, 5029, 5084, 5133, 5150, 5525, 5526, 5528, 5620, 6715, 6716, 6717, 6718, 6719, 6726, 6726.1, 6728, 6728.1, 6728.4, 6728.5, 6728.6, 6730, 7000.5, 7011.3, 7011.4, 7011.5, 7011.7, 7012, 7019, 7208, 7209, 7210.5, 7210.6, 7210.7, 7211, 7211.1, 7211.2, 7211.9, 7214, 7215.5, 7215.6, 7216, 7217, 7302, 7303, 7303.1, 7303.2, 7312, 7313, 7314, 7581.2, 7581.3, 7591.8, 7591.9, 7591.10, 7591.11, 7591.19, 7801, 7810.1, 7818, 7819, 7821, 7822, 7823, 7825, 7840, 7850.5, 7850.6, 7855, 8000, 8003, 8004, 8005.1, 8008, 8520, 8520.1, 8525, 8706, 8710, 8711, 8712, 8715, 8715.1, 8720, 8720.1, 8720.4, 8720.5, 8720.6, 10147, 10149, and 19164 of, to amend and repeal Sections 125.3 and 4945 of, to add Sections 100.5, 4001, and 4990.1 to, to repeal Sections 102.2, 1616.5, 1743, 1744, 1745, 1746, 1746.1, 1748, 1749, 2002, 2007, 2008, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2019, 2462, 2463, 2464, 2465, 2466, 2467, 2468, 2469, 2495, 2531, 2531.05, 2531.1, 2531.2, 2531.6, 2531.7, 2531.75, 2531.8, 2531.9, 2570.19, 2570.21, 2603, 2604, 2604.5, 2606, 2607.5, 2611, 2612, 2702, 2703, 2706, 2707, 2708, 2709, 2710, 2712, 2714, 2716, 2842, 2843, 2845, 2846, 2847, 2848, 2849, 2850, 2851, 2852, 2853, 2855, 2921, 2922, 2923, 2924, 2925, 2926, 2927, 2927.5, 2928, 2929, 2935, 3010.5, 3011, 3013, 3014, 3014.6, 3016, 3017, 3321, 3325, 3504, 3505, 3506, 3507, 3508, 3509.5, 3511, 3711, 3712, 3713, 3715, 3720, 4002, 4003, 4004, 4018, 4800, 4801, 4802, 4803, 4804, 4804.5, 4805, 4806, 4807, 4834, 4929, 4930, 4931, 4934.1, 4934.2, 4990, 4990.10, 4990.14, 5000.1, 5000.5, 5001, 5002, 5003, 5004, 5006, 5007, 5011, 5012, 5015.6, 5016, 5017, 5025.2, 5025.3, 5030, 5510, 5514, 5515, 5516, 5517, 5518, 5520, 5521, 5522, 5523, 5524, 5620.1, 5621, 5622, 5624, 5626, 6711, 6712, 6713, 6714, 6720, 7001, 7002, 7003, 7005, 7006, 7007, 7008, 7009, 7010, 7011, 7013, 7015, 7016, 7200, 7200.1, 7200.5, 7207, 7304, 7305, 7309, 7311, 7315, 7581.1, 7581.4, 7591.17, 7591.18, 7591.20, 7810, 7811, 7815, 7815.5, 7816, 7817, 7820, 8001, 8002, 8005, 8502, 8521, 8522, 8523, 8524, 8526, 8527, and 12541 of, and to repeal and add Sections 2001, 4001, 4832, 5000, 5502, 6710, 7201, 7202, 7203, 7204, 7205, 7206, and 8707 of, the Business and Professions Code, to amend Sections 56.30 and 2079.11 of the Civil Code, to amend Sections 1245.210 and 1245.250 of the Code of Civil Procedure, to amend Sections 1330, 11001, 17250.40, 17280.5, 17317, 19952, 19972, 19986, 20002, 32282, 35296, 49116, 66021.2, 66022, 66900, 66902, 66903, 66903.2, 66903.3, 66904, 66905, 67312, 67382, 68120.5, 69432.7, 69432.8, 69432.9, 69433, 69433.5, 69433.7, 69434, 69434.5, 69435, 69435.3, 69436, 69437, 69437.3, 69437.6, 69437.7, 69439, 69440, 69506.5, 69507.5, 69508, 69509, 69509.5, 69511, 69513, 69514, 69517, 69517.5, 69518, 69522, 69522.5, 69523, 69525, 69526, 69527, 69528, 69529, 69529.5, 69532, 69533, 69534.1, 69534.4, 69535, 69535.5, 69537, 69538, 69539, 69540, 69541, 69544, 69546, 69546.5, 69547, 69561, 69612, 69613, 69613.1, 69613.2, 69613.4, 69613.5, 69613.6, 69614, 69615, 69615.4, 69615.6, 69620, 69622, 69623, 69625, 69626, 69627, 69740, 69741, 69741.5, 69742, 69743.5, 69744, 69745, 69761, 69761.5, 69761.7, 69763, 69763.1, 69763.2, 69763.3, 69763.4, 69764, 69765, 69766, 69766.1, 69768, 69769.3, 69772, 69774, 69775, 69776, 69776.5, 69777, 69951, 69952, 69954, 69958, 69959, 69965, 69966, 69967, 69969, 81706, 89347, 89529.15, and 94155 of, to amend the heading of Article 2 (commencing with Section 69510) of Chapter 2 of Part 42 of, to amend the heading of Chapter 11 (commencing with Section 66900) of Part 40 of, to add Article 1.5 (commencing with Section 66910) to Chapter 11 of Part 40 of, to repeal Sections 8480, 66901, 66906, 69510, 69511.5, 69512, 69513.1, 69513.5, 69515, 69562, 69769, 69769.5, and 69769.7 of, and to repeal Article 14 (commencing with Section 8286) of Chapter 2 of Part 6 of, the Education Code, to amend Sections 5002 and 17400 of the Family Code, to repeal Article 5 (commencing with Section 14380) of Chapter 3 of Division 5 of the Financial Code, to amend Sections 2192 and 2765 of the Fish and Game Code, to repeal Section 54451.5 of, and to repeal Article 3 (commencing with Section 54442) of Chapter 2 of Division 20 of, the Food and Agricultural Code, to amend Sections 4450, 4451, 4459, 4560, 6276.48, 8587.7, 8601, 8670.24, 8690.45, 8870, 8870.1, 8870.5, 8870.55, 8870.6, 8870.7, 8870.71, 8870.95, 8878.52, 8894, 8920, 11041, 11121.1, 11126, 11343, 11346.1, 11351, 11356, 11435.15, 11435.25, 11553, 11553.5, 11555, 11556, 11564, 12420.2, 12813, 13332.16, 14502, 14617, 15853, 15855, 19878, 20130, 21164, 21166, 21167, 21168, 21169, 21170, 21171, 21174, 21430, 21537, 21537.5, 21538, 21540, 21540.5, 21544, 22820, 53115.2, 65915, and 87406 of, to amend the heading of Chapter 12 (commencing with Section 8870) of Division 1 of Title 2 of, to add Sections 14652, 15563, and 63029 to,to repeal Sections 8870.2, 8870.3, 8870.35, 8870.4, 11033.5, 12231, and 65054.5 of, to repeal Article 1 (commencing with Section 8260) of Chapter 3.5 of Division 2 of, to repeal Chapter 3.3 (commencing with Section 8255) of Division 1 of Title 2 of, to repeal Chapter 2 (commencing with Section 14999) of Part 5.7 of Division 3 of Title 2 of, and to repeal and add Section 53115.1 of, the Government Code, to amend Sections 62.9, 63.6, 71.7, 72.6, 76.5, 1106, 1125, 1126, 1127, 1130, 1131, 1136, 1137, 1162, 1163, 1164, 1166, 1167, 1168, 1170, 1170.1, 1170.2, 1170.3, 1171, 1171.5, 1172, 1173, 1174, 1175, 1176, 1179, 1180, 1180.3, 1180.6, 1181, 1182, 1183, 1190, 1191, 1195, 1196, 1200, 1201, 1201.5, 1203, 6276, 6869, and 6901.1 of, to amend the heading of Division 1 (commencing with Section 30) of, to add Sections 63 and 63.3 to, to repeal Sections 31, 704, and 1184 of, to repeal Chapter 3 (commencing with Section 80) of Division 1 of, to repeal and add Section 1111 of, and to repeal and add Chapter 2 (commencing with Section 1150) of Division 5 of, the Harbors and Navigation Code, to amend Sections 1179.1, 1179.3, 1179.5, 1276.05, 1569.698, 1569.699, 1596.87, 1797.64, 13108, 13132.7, 13142.6, 13143.5, 16022, 16101, 16109, 16600, 16601, 17913, 17920.9, 17921, 17958, 17958.7, 17959, 17959.6, 18613.5, 18901, 18907, 18914, 18926, 18927, 18928, 18928.1, 18929, 18929.1, 18930, 18931, 18931.5, 18932, 18933, 18934, 18934.5, 18934.7, 18934.8, 18935, 18938, 18944.41, 18947, 18949.4, 18958, 18960, 19164, 19881, 19958.6, 25150, 25244.15.1, 25250.1, 50668.5, 50671.6, 51614, 55100, 57102, 105405, 116064, 118505, 127785, 127929, 128030, 128445, 128705, 128720, 128760, 128765, 128770, 129850, 129940, 130005, 130020, and 130063 of, to amend the heading of Article 2 (commencing with Section 13140) of Chapter 1 of Part 2 of Division 12 of, to amend the heading of Chapter 3 (commencing with Section 18930) of Part 2.5 of Division 13 of, to add Section 1179.15 to, to repeal Sections 1596.873, 13140.5, 13140.6, 13140.7, 13141, 13142.8, 18912, 44021, 128710, and 128715 of, to repeal Article 1 (commencing with Section 18920) and Article 2 (commencing with Section 18925) of Chapter 2 of Part 2.5 of Division 13 of, to repeal and add Sections 13140 and 128695 of, and to repeal and add Article 1 (commencing with Section 1799) of Chapter 8 of Division 2.5 of, the Health and Safety Code, to amend Sections 1063.1, 11659, 11698.1, 11698.2, 12693.91, 12975.8, and 12975.9 of the Insurance Code, to amend Sections 53, 74, 96, 98, 98.3, 110, 111, 127.6, 138.7, 139.2, 142.3, 148, 148.1, 148.2, 148.6, 204.3, 226, 226.7, 350, 511, 512, 512.5, 515, 516, 554, 558, 1030, 1173, 1174, 1174.5, 1175, 1176, 1176.1, 1176.3, 1177, 1178, 1178.5, 1179, 1180, 1181, 1182, 1182.1, 1182.4, 1182.5, 1182.6, 1182.7, 1182.8, 1182.11, 1183, 1184, 1185, 1186, 1187, 1188, 1190, 1191, 1191.5, 1192, 1193, 1193.5, 1193.6, 1194.2, 1195, 1195.5, 1197, 1197.1, 1198, 1198.3, 1198.4, 1199, 1200, 1201, 1202, 1203, 1204, 1391, 1391.2, 1400, 1684, 2695.2, 3205.5, 3550, 3551, 4651, 4709,4728, 5307.27, 5401, 6101, 6354.7, and 6359 of, to add Section 148.01 to, to repeal Sections 70, 70.1, 71, 72, 73, 112, 113, 115, and 116 of, and to repeal and add Chapter 3 (commencing with Section 75) of Division 1 of, the Labor Code, to amend Sections 1302, 1303, 1304, 1306, 1307, 1333, 1334,1335, 1338, 1340, and 1341 of, to add Sections 87 and 1500 to, to repeal Sections 1301, 1331 and 1332 of, to repeal and add Sections 1300 and 1330 of, the Military and Veterans Code, to amend Sections 10340 and 12301 of the Public Contract Code, to amend Sections 700, 740, 741, 743, 745, 759, 760, 762, 763, 765, 767, 768, 769, 770, 772, 774, 775, 776, 777, 778, 778.5, 782, 783, 2008, 2630, 2693, 2701, 2702, 2707, 2709.1, 2714, 2802, 2803, 2804, 2806, 2807, 2811, 3460, 3477.1, 4002, 4521.3, 4662, 4789.2, 5070.3, 5074, 5093.52, 6327, 12220, 15004, 25301, 25302, 25402.1, 25402.2, 25417.5, 25443.5, 25534, 25605.5, 25770, 44202, 71017, 71069.5, and 71113 of, to amend the heading of Article 2 (commencing with Section 730)of Chapter 2.5 of Division 1 of, to repeal Sections 731, 731.1, 732, 735, 736, 737, 738, 739, 760.5, and 5073.7 of, to repeal and add Sections 730, 5073.5, and 40110 of, to repeal and add Article 2 (commencing with Section 660) of Chapter 2 of Division 1 of, and to repeal and add Chapter 3 (commencing with Section 40400) of Part 1 of Division 30 of, the Public Resources Code, to amend Sections 331, 335, 337, 338, 339, 340, 341, 341.2, 341.4, 341.5, 348, 350, 352, 372, 464, 761.3, 132355.4, 185012, 185030, 185032, 185034, 185036, and 185038 of, to add Section 185025 to, to repeal Sections 341.3, 185020, 185022, and 185024 of, to repeal and add Section 336 of, and to repeal and add Division 1.5 (commencing with Section 3300) of, the Public Utilities Code, to amend Sections 431, 17053.34, 17053.46, 17053.47, 17053.74, 19533, 19557, 23622.7, 23622.8, 23634, 23646, and 24357.8 of the Revenue and Taxation Code, to amend Sections 101.3 and 30914.5 of the Streets and Highways Code, to amend Sections 401 and 10529of, and to repeal Section 402 of, the Unemployment Insurance Code, to amend Sections 5024, 22511.11, and 34501.9 of the Vehicle Code, to amend Sections 7045, 7047, 8402, 8403, 8404, 8412, 8413, 8414, 8414.2, 8415, 8451, 8454, 8455, 8456, 8502, 8521, 9251, 10005.1, 12232, 12310, 12313, 12551, 12552, 12553, 12602, 12604.3, 12634.3, 12879.5, 12879.9, 12886.4, 12891.4, 12980, 12984, 12985, 12986, 12987, 12987.5, 12988, 12990, 12991, 12992, 12994, 12995, 13578, 50653, 51021, 51022, 51023, 51024, 51025, 51026, 51027, 51028, 51029, 51234, 73502, 73505, 73512, 79068.6, 79068.8, 79068.10, and 79068.20 of, to amend the heading of Part 4 (commencing with Section 8520) of Division 5 of, to amend the heading of Part 5 (commencing with Section 9250) of Division 5 of, to amend the heading of Part 5 (commencing with Section 12500) of Division 6 of, to amend and renumber Section 9260 of, to amend and renumber the heading of Chapter 5 (commencing with Section 12550), Chapter 6 (commencing with Section 12553), and Chapter 7(commencing with Section 12560) of Part 5 of Division 6 of, to add Sections 9260, 12571.5, and 12578.5 to, to repeal Sections 8452, 12501, 12502, 12892, and 12928.2 of, to repeal Chapter 3 (commencing with Section 12525) and Chapter 4 (commencing with Section 12540) of Part 5 of Division 6 of, to repeal and add Article 2 (commencing with Section 150) of Chapter 2 of Division 1 of, to repeal and add Chapter 2 (commencing with Section 8550) of Part 4 of Division 5 of, and to repeal and add Chapter 2 (commencing with Section 12510) of Part 5 of Division 6 of, the Water Code, and to amend Sections 4341.5, 4421, and 16001.9 of the Welfare and Institutions Code, relating to state government organization.


LEGISLATIVE COUNSEL'S DIGEST


AB 1869, as amended, Anderson. State boards and commissions: reorganization.
(1) Existing law establishes within the Department of Consumer Affairs various boards and committees that are responsible for the regulation of architects, barbers and cosmetologists, geologists and geophysicists, accountants, contractors, court reporters, engineers and land surveyors, landscape architects, structural pest control companies, guide dogs for the blind, veterinarians, and various practitioners of the healing arts. Existing law also establishes the Alarm Company Operator Disciplinary Review Committee, the Committee on Dental Auxiliaries, the Physician Assistant Committee, the Registered Veterinary Technician Committee, the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun, 2 private security disciplinary review committees, and a service agency advisory committee.
This bill would abolish each of those boards and committees and transfer all of their respective duties, responsibilities, obligations, liabilities, and jurisdiction (hereafter, duties) to the department.
(2) Existing law establishes the High-Speed Rail Authority, comprised of 9 members, as specified, that is responsible for directing the development and implementation of intercity high-speed rail service, as specified.
This bill would abolish that authority and transfer all of its duties to the California Transportation Commission.
(3) Existing law, the Donahoe Higher Education Act, sets forth, among other things, the missions and functions of California’s public and independent segments of higher education, and their respective institutions of higher education. The act establishes the 17-member California Postsecondary Education Commission (CPEC) for, among other purposes, the collection of data pertinent to the planning and coordination of the higher education system of the state.
Existing law establishes the Student Aid Commission as the primary state agency for the administration of state-authorized student financial aid programs. Existing law requires the Student Aid Commission to establish a Loan Advisory Council, which is responsible for the review of the policies and activities of the Federal Family Education Loan Program and for advising the commission of its findings and recommendations.
This bill would repeal the provisions that establish the CPEC, the Student Aid Commission, and the Loan Advisory Council. The plan would establish the Office of Higher Education and Financial Aid, and require that all of the functions performed under existing law by the CPEC, the Student Aid Commission, and the Loan Advisory Council instead be performed by the Office of Higher Education and Financial Aid.
(4) Existing law establishes the Seismic Safety Commission with various responsibilities related to seismic safety. Existing law establishes the California Building Standards Commission and prescribes procedures for the approval of building standards and the publication of the California Building Standards Code.
This bill would abolish the Seismic Safety Commission and the California Building Standards Commission and transfer their duties to the Department of General Services. The bill would also abolish the 911 Advisory Board, the Vietnam Veterans Memorial Commission, the Mexican American Veterans’ Memorial Beautification Enhancement Commission and transfer their duties to the Department of General Services.
(5) Existing law establishes in the Employment Development Department the Unemployment Insurance Appeals Board to review the decisions of administrative law judges regarding petitions for unemployment insurance benefits. Existing law establishes within the Labor and Workforce Development Agency the California Occupational Safety and Health Appeals Board to conduct hearings when an employer served with a special order relating to occupational safety and health appeals that order and the Workers’ Compensation Appeals Board which has jurisdiction to determine workers’ compensation claims of an employee for injuries sustained in the course of his or her employment.
This bill would abolish the Unemployment Insurance Appeals Board, the California Occupational Safety and Health Appeals Board, and the Workers’ Compensation Appeals Board and transfer their duties to the Employment and Benefits Appeals Board. The bill would abolish the Commission on Health and Safety and Workers’ Compensation and the Industrial Welfare Commission and transfer their duties to the Labor and Workforce Development Agency. The bill would repeal the authority of the Industrial Welfare Commission to set the minimum wage and would abolish that commission and transfer its remaining duties to the Labor and Workforce Development Agency.
(6) The Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission (Energy Commission) and requires it to certify sufficient sites and related facilities that are required to provide a supply of electricity sufficient to accommodate projected demand for power statewide.
The existing restructuring of the electrical services industry establishes the Electricity Oversight Board (Oversight Board) to oversee the Independent System Operator and the Power Exchange in order to ensure the success of the electrical industry restructuring and to ensure a reliable supply of electricity in the transition to a new market structure. Existing law prescribes the powers and responsibilities of the Oversight Board.
This bill would abolish the Oversight Board and transfer its duties to the Energy Commission. The bill would make conforming changes to provisions relating to the duties of the Oversight Board.
(7) Existing law establishes the California Consumer Power and Conservation Financing Authority, with powers and responsibilities as prescribed, including the issuance of revenue bonds, for the purposes of augmenting electric generating facilities and to ensure a sufficient and reliable supply of electricity, financing incentives for investment in cost-effective energy-efficient appliances and energy demand reduction, achieving a specified energy capacity reserve level, providing financing for the retrofit of inefficient electric powerplants, renewable energy, and conservation, and, where appropriate, developing strategies for the authority to facilitate a dependable supply of natural gas at reasonable prices to the public.
This bill would abolish the California Consumer Power and Conservation Financing Authority and transfer its duties to the Energy Commission.
(8) Existing law contains the California Library Construction and Renovation Bond Act of 1988 and the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000, which authorize the issuance of bonds, pursuant to the State General Obligation Bond Law, in the amount of $75,000,000 and $350,000,000 respectively, for the purpose of financing library construction and renovation. The 1988 act creates the California Library Construction and Renovation Board, composed of specified members, and the 2000 act creates the California Public Library Construction and Renovation Board, composed of specified members to, among other things, review and approve applications for grants under the acts.
This bill would transfer the duties of both boards to the Board of Directors of the California Infrastructure and Economic Development Bank.
(9) Existing law establishes the Inspection and Maintenance Review Committee and the Commission on Uniform State Laws.
This bill would eliminate the committee and the commission.
(10) Existing law establishes the 9-member California Water Commission in the Department of Water Resources and requires the commission to conduct an annual review of the progress and operation of the State Water Project and to carry out various other related functions.
Existing law establishes the Central Valley Flood Protection Board. Existing law authorizes the board to engage in various flood control activities along the Sacramento River, San Joaquin River, their tributaries, and related areas. Existing law requires the board to establish and enforce standards for the maintenance and operation of, and to undertake other responsibilities with regard to, flood control works under its jurisdiction.
Existing law establishes the 8-member Colorado River Board of California in the Resources Agency and requires that board to carry out certain functions relating to the Colorado River.
This bill would eliminate the California Water Commission, the Central Valley Flood Protection Board, and the Colorado River Board of California and transfer the duties undertaken by the commission and those boards to the Department of Water Resources.
(11) Existing law establishes the Office of Rural Health, the Rural Health Policy Council, the State Board of Forestry and Fire Protection, the Boating and Waterways Commission, the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun, the State Mining and Geology Board, the California Recreational Trails Committee, the California Integrated Waste Management Board, the Commission on Emergency Medical Services, the Heart Disease and Stroke Prevention and Treatment Task Force, and the Health Policy and Data Advisory Commission and the State Board of Fire Services.
This bill would also abolish these boards, commissions, committees, councils, and offices, and transfer their duties to the department, agency, or authority, as specified: (a) the Office of Rural Health to the State Department of Health Care Services; (b) the Rural Health Policy Council to the State Department of Health Care Services; (c) the State Board of Forestry and Fire Protection to the Department of the Forestry and Fire Protection; (d) the Boating and Waterways Commission to the Department of Boating and Waterways; (e) the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun, to the Department of Consumer Affairs; (f) the State Mining and Geology Board to the Department of Conservation; (g) California Recreational Trails Committee to the Department of Parks and Recreation; (h) the California Integrated Waste Management Board to the California Environmental Protection Agency; (i) the Commission on Emergency Medical Services to the Emergency Medical Services Authority; (j) the Health Policy and Data Advisory Commission to the Office of Statewide Health Planning and Development; and (k) the State Board of Fire Services to the Department of Forestry and Fire Protection.
(12) Existing law establishes the Credit Union Advisory Committee, the Inspection and Maintenance Review Committee, an agriculture bargaining association advisory committee, and an advisory committee on child development programs.
This bill would abolish each of these advisory bodies.

Existing law establishes various boards and commissions in state government.

This bill would declare the intent of the Legislature to effect the changes proposed by the California Performance Review to eliminate and consolidate various state boards and commissions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO 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)  Every The department and each entity specified in subdivision (b), on or after July 1, 2001, shall provide on the Internet information regarding the status of every license issued by the department or that entity in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 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 department or entity and other related enforcement action taken by the department or entity relative to persons, businesses, or facilities subject to licensure or regulation by the department or entity. In providing information on the Internet, each department or entity shall comply with the Department of Consumer Affairs Guidelines for Access to Public Records. The information may not include personal information, including home telephone number, date of birth, or social security number. Each department or entity shall disclose a licensee’s address of record. However, each department or entity shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude the department or an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as his or her address of record, to provide a physical business address or residence address only for the department’s or entity’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the Internet.
(b) Each of the following entities within the Department of Consumer Affairs department shall comply with the requirements of this section:

(1)The Acupuncture Board shall disclose information on its licensees.

(2)The Board of Behavioral Sciences shall disclose information on its licensees, including marriage and family therapists, licensed clinical social workers, and licensed educational psychologists.

(3)The Dental Board of California shall disclose information on its licensees.

(4)The State Board of Optometry shall disclose information regarding certificates of registration to practice optometry, statements of licensure, optometric corporation registrations, branch office licenses, and fictitious name permits of their licensees.

(5)The Board for Professional Engineers and Land Surveyors shall disclose information on its registrants and licensees.

(6)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.

(7)

(1)  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.

(8)

(2)  The Bureau of Electronic and Appliance Repair shall disclose information on its licensees, including major appliance repair dealers, combination dealers (electronic and appliance), electronic repair dealers, service contract sellers, and service contract administrators.

(9)

(3)  The Cemetery Program and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, crematories, and cremated remains disposers.

(10)

(4)  The Funeral Directors and Embalmers Program Cemetery and Funeral Bureau shall disclose information on its licensees, including embalmers, funeral establishments, and funeral directors.

(11)

(5)  The Contractors’ State License Board department shall disclose information on its licensees 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 department shall also disclose information provided to the board department by the Labor Commissioner pursuant to Section 98.9 of the Labor Code.

(12)

(6)  The Board of Psychology department shall disclose information on its licensees, including psychologists, psychological assistants, and registered psychologists.
(c) “Internet” for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (e) of Section 17538.

SEC. 2.

  Section 100.5 is added to the Business and Professions Code, to read:

100.5.
 (a) The department succeeds to, and is vested with, all the duties, powers, purposes, responsibilities, and jurisdiction of all of the following entities, which are hereby abolished and shall no longer exist and shall be known as predecessor entities:
(1) The Acupuncture Board.
(2) The Alarm Company Operator Disciplinary Review Commission.
(3) The California Architects Board.
(4) The Board of Barbering and Cosmetology.
(5) The State Board of Registration for Geologists and Geophysicists.
(6) The California Board of Accountancy.
(7) The Board of Behavioral Sciences.
(8) The Dental Board of California.
(9) The Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun.
(10) The California Board of Podiatric Medicine.
(11) The Board of Psychology.
(12) The Board of Registered Nursing.
(13) The California State Board of Pharmacy.
(14) The Committee on Dental Auxiliaries.
(15) The Contractors’ State License Board.
(16) The Court Reporters Board of California.
(17) The Board for Professional Engineers and Land Surveyors.
(18) The Landscape Architects Technical Committee.
(19) The Medical Board of California.
(20) The California Board of Occupational Therapy.
(21) The Physical Therapy Board of California.
(22) The Physician Assistant Committee.
(23) The private security disciplinary review committees established pursuant to former Section 7581.1.
(24) The Registered Veterinary Technician Committee.
(25) The Respiratory Care Board of California.
(26) The service agency advisory committee established pursuant to Section 12541.
(27) The Speech–Language Pathology and Audiology Board.
(28) The State Board of Guide Dogs for the Blind.
(29) The State Board of Optometry.
(30) The Structural Pest Control Board.
(31) The Veterinary Medical Board.
(32) The Bureau of Vocational Nursing and Psychiatric Technicians.
(b) All officers and employees of the predecessor entities who are serving in the state civil service, other than as temporary employees, shall be transferred to the department. The status, positions, and rights of those persons shall not be affected by the transfer and shall be retained by those persons as officers and employees of the department, pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code), except as to positions exempt from civil service.
(c) The department shall have possession and control of all records, papers, offices, equipment, supplies, moneys, funds, appropriations, licenses, permits, agreements, contracts, claims, judgments, land, and other property, real or personal, connected with the administration of, or held for, the benefit or use of the predecessor entities.
(d) Any regulation or other action, adopted, prescribed, taken, or performed by a predecessor entity or officer in the administration of a program or the performance of a duty, responsibility, or authorization transferred by the act adding this section shall remain in effect and shall be deemed to be a regulation or action of the department.
(e) No suit, action, or other proceeding lawfully commenced by or against any predecessor entity or other officer of the state, in relation to the administration of any program or the discharge of any duty, responsibility, or authorization transferred by the act adding this section, shall abate by reason of the transfer of the program, duty, responsibility, or authorization under the act adding this section.
(f) No contract, lease, license, bond, or any other agreement to which the predecessor entities or any of their predecessors are a party shall be void or voidable by reason of the enactment of the act adding this section, but shall continue in full force and effect, with the department assuming all of the rights, obligations, liabilities, and duties of the predecessor entities and any of their predecessors. That assumption by the department shall not in any way affect the rights of the parties to the contract, lease, license, or agreement. Bonds issued by the predecessor entities or any of their predecessors, shall become the indebtedness of the department. Any ongoing obligations or responsibilities of the predecessor entities for managing and maintaining bond issuances shall be transferred to the department without impairment to any security contained in the bond instrument.

SEC. 3.

  Section 101 of the Business and Professions Code is amended to read:

101.
 The department is comprised of:

(a)The Dental Board of California.

(b)The Medical Board of California.

(c)The State Board of Optometry.

(d)The California State Board of Pharmacy.

(e)The Veterinary Medical Board.

(f)The California Board of Accountancy.

(g)The California Architects Board.

(h)The Bureau of Barbering and Cosmetology.

(i)The Board for Professional Engineers and Land Surveyors.

(j)The Contractors’ State License Board.

(k)

(a)  The Bureau for Private Postsecondary and Vocational Education.

(l)The Structural Pest Control Board.

(m)

(b)  The Bureau of Home Furnishings and Thermal Insulation.

(n)The Board of Registered Nursing.

(o)The Board of Behavioral Sciences.

(p)

(c)  The State Athletic Commission.

(q)

(d)  The Cemetery and Funeral Bureau.

(r)The State Board of Guide Dogs for the Blind.

(s)

(e)  The Bureau of Security and Investigative Services.

(t)The Court Reporters Board of California.

(u)The Board of Vocational Nursing and Psychiatric Technicians.

(v)The Landscape Architects Technical Committee.

(w)

( f)   The Bureau of Electronic and Appliance Repair.

(x)

( g The Division of Investigation.

(y)

( h The Bureau of Automotive Repair.

(z)The State Board of Registration for Geologists and Geophysicists.

(aa)The Respiratory Care Board of California.

(ab)The Acupuncture Board.

(ac)The Board of Psychology.

(ad)The California Board of Podiatric Medicine.

(ae)The Physical Therapy Board of California.

(af)

( i The Arbitration Review Program.

(ag)The Committee on Dental Auxiliaries.

(ah)

( j The Hearing Aid Dispensers Bureau.

(ai)The Physician Assistant Committee.

(aj)The Speech-Language Pathology and Audiology Board.

(ak)The California Board of Occupational Therapy.

(al)

( k The Osteopathic Medical Board of California.

(am)

(l)  The Bureau of Naturopathic Medicine.

(an)

( m Any other boards, offices, or officers subject to its jurisdiction by law, including any bureau or office that may be created upon abolition of any board the functions of which the department succeeds to. Any bureau or office so created shall be under the supervision and control of the director.

SEC. 4.

  Section 102.2 of the Business and Professions Code is repealed.
102.2.

(a)If the Structural Pest Control Board does not comply with the contingencies specified in paragraphs (a) to (d), inclusive, of Provision 1 of Item 1530-001-0775 of the Budget Act of 1995 by January 1, 1996, as determined by the Department of Consumer Affairs, then the department may succeed to and is vested with all the duties, powers, purpose, responsibilities, and jurisdiction of the board, including the employment of one executive director for the purposes of performing the department obligations herein.

(b)If the department elects to not exercise control over the board pursuant to subdivision (a), the department shall monitor the board on a monthly basis and the Controller shall, on a monthly basis, transfer the necessary amount of funds, not to exceed one-sixth of the amount of the appropriation for each fund identified in subdivision (c), to the board for the purpose of this subdivision. If at any time the department determines that the board is not meeting satisfactory progress toward the obligations set forth in subdivision (a), the department may invoke privileges of succession as allowed by subdivision (a).

Monitoring shall include a monthly report from the board, the status of meeting the obligations set forth in subdivisions (a) through (d), inclusive, of Provision 1 of Item 1530-001-0775 of the Budget Act of 1995 in addition to other statutory obligations as prescribed by law.

(c)Notwithstanding Section 107, any provision of law authorizing the appointment of an executive officer by the Structural Pest Control Board shall not be implemented and shall have no force or effect while the board is inoperative or repealed. This subdivision shall be in effect only if the Department of Consumer Affairs invokes privileges of succession pursuant to subdivision (a).

(d)In the event that the Structural Pest Control Board does not comply with Provision 1 of Item 1530-001-0775 of the Budget Act of 1995 by January 1, 1996, as determined by the department, the sum of one million three hundred fifty-five thousand dollars ($1,355,000) is thereupon appropriated from the Structural Pest Control Fund to the department, and the sum of one hundred three thousand dollars ($103,000) is thereupon appropriated from the Structural Pest Control Education and Enforcement Fund to the department, for purposes of this section.

SEC. 5.

  Section 112 of the Business and Professions Code is amended to read:

112.
 Notwithstanding any other provision of this code, no agency bureau or office in the department, with the exception of the Board for Professional Engineers and Land Surveyors, shall be required to compile, publish, sell, or otherwise distribute a directory. When an agency deems The director may determine that it is necessary to compile and publish a directory, the agency shall cooperate with the director in determining for a bureau or office, and if so, shall determine its form and content, the time and frequency of its publication, the persons to whom it is to be sold or otherwise distributed, and its price if it is sold. Any agency that requires the approval of the director for the compilation, publication, or distribution of a directory, under the law in effect at the time the amendment made to this section at the 1970 Regular Session of the Legislature becomes effective, shall continue to require that approval. As used in this section, “directory” means a directory, roster, register, or similar compilation of the names of persons who hold a license, certificate, permit, registration, or similar indicia of authority from the agency bureau or office.

SEC. 6.

  Section 116 of the Business and Professions Code is amended to read:

116.
 (a) The director may audit and review, upon his or her own initiative, or upon the request of a consumer or licensee, inquiries and complaints regarding licensees, dismissals of disciplinary cases, the opening, conduct, or closure of investigations, informal conferences, and discipline short of formal accusation by the Medical Board of California, the allied health professional boards, and the California Board of Podiatric Medicine , relative to a licensee subject to Chapter 5 (commencing with Section 2000) of Division 2. The director may make recommendations for changes to the disciplinary system to the appropriate board, the Legislature, or both.
(b) The director shall report to the Chairpersons of the Senate Business and Professions Committee and the Assembly Health Committee annually, commencing March 1, 1995, regarding his or her findings from any audit, review, or monitoring and evaluation conducted pursuant to this section.

SEC. 7.

  Section 120 of the Business and Professions Code is amended to read:

120.
 (a) Subdivision (a) of Section 119 shall not apply to a surviving spouse having in his or her possession or displaying a deceased spouse’s canceled certified public accountant certificate or canceled public accountant certificate that has been canceled by official action of the California Board of Accountancy department.
(b) Notwithstanding Section 119, any person who has received a certificate of certified public accountant or a certificate of public accountant from the board department may possess and may display the certificate received unless the person’s certificate, permit, or registration has been suspended or revoked.

SEC. 8.

  Section 123.5 of the Business and Professions Code is amended to read:

123.5.
 Whenever any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of Section 123, the superior court in and for the county wherein the acts or practices take place, or are about to take place, may issue an injunction, or other appropriate order, restraining such conduct on application of a board the department, the Attorney General, or the district attorney of the county.
The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.
The remedy provided for by this section shall be in addition to, and not a limitation on, the authority provided for in any other provision of law.

SEC. 9.

  Section 124 of the Business and Professions Code is amended to read:

124.
 Notwithstanding subdivision (c) of Section 11505 of the Government Code, whenever written notice, including a notice, order, or document served pursuant to Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), or Chapter 5 (commencing with Section 11500), of Part 1 of Division 3 of Title 2 of the Government Code, is required to be given by any board in the department, the notice may be given by regular mail addressed to the last known address of the licentiate or by personal service, at the option of the board department.

SEC. 10.

  Section 125.3 of the Business and Professions Code, as amended by Section 2 of Chapter 223 of the Statutes of 2006, is amended to read:

125.3.
 (a) Except as otherwise provided by law, in any order issued in resolution of a disciplinary proceeding before any board within the department or before the Osteopathic Medical Board, upon request of the entity bringing the proceeding, the administrative law judge may direct a licentiate found to have committed a violation or violations of the licensing act to pay a sum not to exceed the reasonable costs of the investigation and enforcement of the case.
(b) In the case of a disciplined licentiate that is a corporation or a partnership, the order may be made against the licensed corporate entity or licensed partnership.
(c) A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, signed by the entity bringing the proceeding or its designated representative shall be prima facie evidence of reasonable costs of investigation and prosecution of the case. The costs shall include the amount of investigative and enforcement costs up to the date of the hearing, including, but not limited to, charges imposed by the Attorney General.
(d) The administrative law judge shall make a proposed finding of the amount of reasonable costs of investigation and prosecution of the case when requested pursuant to subdivision (a). The finding of the administrative law judge with regard to costs shall not be reviewable by the board entity to increase the cost award. The board entity may reduce or eliminate the cost award, or remand to the administrative law judge if the proposed decision fails to make a finding on costs requested pursuant to subdivision (a).
(e) If an order for recovery of costs is made and timely payment is not made as directed in the board’s entity’s decision, the board entity may enforce the order for repayment in any appropriate court. This right of enforcement shall be in addition to any other rights the board entity may have as to any licentiate to pay costs.
(f) In any action for recovery of costs, proof of the board’s entity’s decision shall be conclusive proof of the validity of the order of payment and the terms for payment.
(g) (1) Except as provided in paragraph (2), the board entity shall not renew or reinstate the license of any licentiate who has failed to pay all of the costs ordered under this section.
(2) Notwithstanding paragraph (1), the board entity may, in its discretion, conditionally renew or reinstate for a maximum of one year the license of any licentiate who demonstrates financial hardship and who enters into a formal agreement with the board entity to reimburse the board entity within that one-year period for the unpaid costs.
(h) All costs recovered under this section shall be considered a reimbursement for costs incurred and shall be deposited in the fund of the board entity recovering the costs to be available upon appropriation by the Legislature.
(i) Nothing in this section shall preclude a board an entity from including the recovery of the costs of investigation and enforcement of a case in any stipulated settlement.
(j) This section does not apply to any board an entity if a specific statutory provision in that board’s the applicable licensing act provides for recovery of costs in an administrative disciplinary proceeding.

(k)Notwithstanding the provisions of this section, the Medical Board of California shall not request nor obtain from a physician and surgeon, investigation and prosecution costs for a disciplinary proceeding against the licentiate. The board shall ensure that this subdivision is revenue neutral with regard to it and that any loss of revenue or increase in costs resulting from this subdivision is offset by an increase in the amount of the initial license fee and the biennial renewal fee, as provided in subdivision (e) of Section 2435.

(k) As used in this section, “entity” means the department or the Osteopathic Medical Board, except as provided in subdivision (j).

SEC. 11.

  Section 125.3 of the Business and Professions Code, as added by Section 1 of Chapter 1059 of the Statutes of 1992, is repealed.
125.3.

(a)Except as otherwise provided by law, in any order issued in resolution of a disciplinary proceeding before any board within the department or before the Osteopathic Medical Board, upon request of the entity bringing the proceeding may request the administrative law judge to direct a licentiate found to have committed a violation or violations of the licensing act to pay a sum not to exceed the reasonable costs of the investigation and enforcement of the case.

(b)In the case of a disciplined licentiate that is a corporation or a partnership, the order may be made against the licensed corporate entity or licensed partnership.

(c)A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, signed by the entity bringing the proceeding or its designated representative shall be prima facie evidence of reasonable costs of investigation and prosecution of the case. The costs shall include the amount of investigative and enforcement costs up to the date of the hearing, including, but not limited to, charges imposed by the Attorney General.

(d)The administrative law judge shall make a proposed finding of the amount of reasonable costs of investigation and prosecution of the case when requested pursuant to subdivision (a). The finding of the administrative law judge with regard to costs shall not be reviewable by the board to increase the cost award. The board may reduce or eliminate the cost award, or remand to the administrative law judge where the proposed decision fails to make a finding on costs requested pursuant to subdivision (a).

(e)Where an order for recovery of costs is made and timely payment is not made as directed in the board’s decision, the board may enforce the order for repayment in any appropriate court. This right of enforcement shall be in addition to any other rights the board may have as to any licentiate to pay costs.

(f)In any action for recovery of costs, proof of the board’s decision shall be conclusive proof of the validity of the order of payment and the terms for payment.

(g)(1)Except as provided in paragraph (2), the board shall not renew or reinstate the license of any licentiate who has failed to pay all of the costs ordered under this section.

(2)Notwithstanding paragraph (1), the board may, in its discretion, conditionally renew or reinstate for a maximum of one year the license of any licentiate who demonstrates financial hardship and who enters into a formal agreement with the board to reimburse the board within that one-year period for the unpaid costs.

(h)All costs recovered under this section shall be considered a reimbursement for costs incurred and shall be deposited in the fund of the board recovering the costs to be available upon appropriation by the Legislature.

(i)Nothing in this section shall preclude a board from including the recovery of the costs of investigation and enforcement of a case in any stipulated settlement.

(j)This section does not apply to any board if a specific statutory provision in that board’s licensing act provides for recovery of costs in an administrative disciplinary proceeding.

SEC. 12.

  Section 125.5 of the Business and Professions Code is amended to read:

125.5.
 (a) The superior court for the county in which any person has engaged or is about to engage in any act which constitutes a violation of a chapter of this code administered or enforced by a board within the department may, upon a petition filed by the board with the approval of the director, issue an injunction or other appropriate order restraining such conduct. The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. As used in this section, “board” includes commission, bureau, division, agency and a medical quality review committee.
(b) The superior court for the county in which any person has engaged in any act which constitutes a violation of a chapter of this code administered or enforced by a board within the department may, upon a petition filed by the board with the approval of the director, order such person to make restitution to persons injured as a result of such violation.
(c) The court may order a person subject to an injunction or restraining order, provided for in subdivision (a) of this section, or subject to an order requiring restitution pursuant to subdivision (b), to reimburse the petitioning board department for expenses incurred by the board department in its investigation related to its petition.
(d) The remedy provided for by this section shall be in addition to, and not a limitation on, the authority provided for in any other section of this code.

SEC. 13.

  Section 126 of the Business and Professions Code is amended to read:

126.
 Notwithstanding any other provision of this code, any board, commission, examining committee, or other similarly constituted agency within the department required prior to the effective date of this section to submit reports to the Governor under any provision of this code shall not be required to submit such those reports. The department, as the successor to those agencies, shall also not be required to submit those reports.

SEC. 14.

  Section 128.5 of the Business and Professions Code is amended to read:

128.5.
  (a)Notwithstanding any other provision of law, if at the end of any fiscal year, an agency a bureau, office, or program within the Department of Consumer Affairs, except the agencies referred to in subdivision (b), department has unencumbered funds in an amount that equals or is more than the agency’s operating budget of the bureau, office, or program for the next two fiscal years, the agency department shall reduce license or other fees, whether the license or other fees be fixed by statute or may be determined by the agency department within limits fixed by statute, during the following fiscal year in an amount that will reduce any surplus funds of the agency of that bureau, office, or program to an amount less than the agency’s operating budget for the next two fiscal years.

(b)Notwithstanding any other provision of law, if at the end of any fiscal year, the California Architects Board, the Board of Behavioral Science Examiners, the Veterinary Medical Board, the Court Reporters Board of California, the Medical Board of California, the Board of Vocational Nursing and Psychiatric Technicians, or the Bureau of Security and Investigative Services has unencumbered funds in an amount that equals or is more than the agency’s operating budget for the next two fiscal years, the agency shall reduce license or other fees, whether the license or other fees be fixed by statute or may be determined by the agency within limits fixed by statute, during the following fiscal year in an amount that will reduce any surplus funds of the agency to an amount less than the agency’s operating budget for the next two fiscal years.

SEC. 15.

  Section 144 of the Business and Professions Code is amended to read:

144.
 (a) Notwithstanding any other provision of law, an agency designated in subdivision (b) or the department, upon the department becoming the successor entity to those agencies, shall require an applicant to furnish to the agency or department a full set of fingerprints for purposes of conducting criminal history record checks. Any The agency designated in subdivision (b) or department may obtain and receive, at its discretion, criminal history information from the Department of Justice and the United States Federal Bureau of Investigation.
(b) Subdivision (a) applies to the following:
(1)  The California Board of Accountancy.
(2)  The State Athletic Commission.
(3)  The Board of Behavioral Sciences.
(4)  The Court Reporters Board of California.
(5)  The State Board of Guide Dogs for the Blind.
(6)  The California State Board of Pharmacy.
(7)  The Board of Registered Nursing.
(8)  The Veterinary Medical Board.
(9)  The Registered Veterinary Technician Committee.
(10)  The Board of Vocational Nursing and Psychiatric Technicians.
(11)  The Respiratory Care Board of California.
(12)  The Hearing Aid Dispensers Advisory Commission Bureau.
(13)  The Physical Therapy Board of California.
(14)  The Physician Assistant Committee of the Medical Board of California.
(15)  The Speech-Language Pathology and Audiology Board.
(16)  The Medical Board of California.
(17)  The State Board of Optometry.
(18)  The Acupuncture Board.
(19)  The Cemetery and Funeral Bureau.
(20)  The Bureau of Security and Investigative Services.
(21)  The Division of Investigation.
(22)  The Board of Psychology.
(23) The California Board of Occupational Therapy.
(24)  The Structural Pest Control Board.
(25)  The Contractors’ State License Board.
(26)  The Bureau of Naturopathic Medicine.
(c)  The provisions of paragraph (24) of subdivision (b) shall become operative on July 1, 2004. The provisions of paragraph Paragraph (25) of subdivision (b) shall become operative on the date on which sufficient funds are available for the Contractors’ State License Board or its successor and the Department of Justice to conduct a criminal history record check pursuant to this section or on July 1, 2005, whichever occurs first.

SEC. 16.

  Section 149 of the Business and Professions Code is amended to read:

149.
 (a) If, upon investigation, an agency designated in subdivision (e) or the department, upon the department becoming the successor entity to any of those agencies, has probable cause to believe that a person is advertising in a telephone directory with respect to the offering or performance of services, without being properly licensed by or registered with the agency or department, as applicable, to offer or perform those services, the agency or department may issue a citation under Section 148 containing an order of correction that requires the violator to do both of the following:
(1) Cease the unlawful advertising.
(2) Notify the telephone company furnishing services to the violator to disconnect the telephone service furnished to any telephone number contained in the unlawful advertising.
(b) This action is stayed if the person to whom a citation is issued under subdivision (a) notifies the agency or department, as applicable, in writing that he or she intends to contest the citation. The agency or department shall afford an opportunity for a hearing, as specified in Section 125.9.
(c) If the person to whom a citation and order of correction is issued under subdivision (a) fails to comply with the order of correction after that order is final, the agency or department, as applicable, shall inform the Public Utilities Commission of the violation and the Public Utilities Commission shall require the telephone corporation furnishing services to that person to disconnect the telephone service furnished to any telephone number contained in the unlawful advertising.
(d) The good faith compliance by a telephone corporation with an order of the Public Utilities Commission to terminate service issued pursuant to this section shall constitute a complete defense to any civil or criminal action brought against the telephone corporation arising from the termination of service.
(e) Subdivision (a) shall apply to the following boards, bureaus, committees, commissions, or programs:
(1) The Bureau Board of Barbering and Cosmetology.
(2) The Funeral Directors and Embalmers Program Cemetery and Funeral Bureau.
(3) The Veterinary Medical Board.
(4) The Hearing Aid Dispensers Advisory Commission Bureau.
(5) The Landscape Architects Technical Committee.
(6) The California Board of Podiatric Medicine.
(7) The Respiratory Care Board of California.
(8) The Bureau of Home Furnishings and Thermal Insulation.
(9) The Bureau of Security and Investigative Services.
(10) The Bureau of Electronic and Appliance Repair.
(11) The Bureau of Automotive Repair.
(12) The Tax Preparers Program.
(13) The California Architects Board.
(14) The Speech-Language Pathology and Audiology Board.
(15) The Board for Professional Engineers and Land Surveyors.
(16) The Board of Behavioral Sciences.
(17) The State Board for Geologists and Geophysicists.
(18) The Structural Pest Control Board.
(19) The Acupuncture Board.
(20) The Board of Psychology.
(21) The California Board of Accountancy.
(22) The Bureau of Naturopathic Medicine.

SEC. 17.

  Section 473.3 of the Business and Professions Code is amended to read:

473.3.
 (a) Prior to the termination, continuation, or reestablishment of any board or any of the board’s functions, the Joint Committee on Boards, Commissions, and Consumer Protection shall, during the interim recess preceding the date upon which a board becomes inoperative, hold public hearings to receive testimony from the Director of Consumer Affairs, the board involved, and the public and regulated industry. In that hearing, each board shall have the burden of demonstrating a compelling public need for the continued existence of the board or regulatory program, and that its licensing function is the least restrictive regulation consistent with the public health, safety, and welfare.
(b) In addition to subdivision (a), in 2002 and every four years thereafter, the committee, in cooperation with the California Postsecondary Education Commission Office of Higher Education and Financial Aid, shall hold a public hearing to receive testimony from the Director of Consumer Affairs, the Bureau for Private Postsecondary and Vocational Education, private postsecondary educational institutions regulated by the bureau, and students of those institutions. In those hearings, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare.
(c) The committee, in cooperation with the California Postsecondary Education Commission Office of Higher Education and Financial Aid, shall evaluate and review the effectiveness and efficiency of the Bureau for Private Postsecondary and Vocational Education, based on factors and minimum standards of performance that are specified in Section 473.4. The committee shall report its findings and recommendations as specified in Section 473.5. The bureau shall prepare an analysis and submit a report to the committee as specified in Section 473.2.
(d) In addition to subdivision (a), in 2003 and every four years thereafter, the committee shall hold a public hearing to receive testimony from the Director of Consumer Affairs and the Bureau of Automotive Repair. In those hearings, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare.
(e) The committee shall evaluate and review the effectiveness and efficiency of the Bureau of Automotive Repair based on factors and minimum standards of performance that are specified in Section 473.4. The committee shall report its findings and recommendations as specified in Section 473.5. The bureau shall prepare an analysis and submit a report to the committee as specified in Section 473.2.

SEC. 18.

  Section 1601.1 of the Business and Professions Code is amended to read:

1601.1.
 (a)  There shall be in the Department of Consumer Affairs the Dental Board of California Any reference to “board” in this chapter or to the “Dental Board of California” or the “Board of Dental Examiners” in any law or regulation shall be deemed a reference to the department 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 The department’s authority shall apply to examinations, enforcement, and disciplinary actions undertaken by the department’s predecessor, and to any other subjects deemed appropriate by the director.

(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)

(b)  This section shall become inoperative on July 1, 2008, and, as of January 1, 2009, is repealed, unless a later enacted statute that is enacted before January 1, 2009, deletes or extends the dates on which it becomes inoperative and is repealed. The repeal of this section renders the board this chapter subject to the review required by Division 1.2 (commencing with Section 473).

SEC. 19.

  Section 1616.5 of the Business and Professions Code is repealed.
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 become inoperative on July 1, 2008, and, as of January 1, 2009, is repealed, unless a later enacted statute that is enacted before January 1, 2009, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 20.

  Section 1618.5 of the Business and Professions Code is amended to read:

1618.5.
 (a) The board department shall provide to the Director of the Department of Managed Health Care a copy of any accusation filed with the Office of Administrative Hearings pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, when the accusation is filed, for a violation of this chapter relating to the quality of care of any dental provider of a health care service plan, as defined in Section 1345 of the Health and Safety Code. There shall be no liability on the part of, and no cause of action shall arise against, the State of California, the Board of Dental Examiners department, the Department of Managed Health Care, the director of that either department, or any officer, agent, employee, consultant, or contractor of the state or the board or the either department for the release of any false or unauthorized information pursuant to this section, unless the release is made with knowledge and malice.
(b) The board and its executive officer and staff department shall maintain the confidentiality of any nonpublic reports provided by the Director of the Department of Managed Health Care pursuant to subdivision (i) of Section 1380 of the Health and Safety Code.

SEC. 21.

  Section 1619 of the Business and Professions Code is amended to read:

1619.
 The examination papers of any applicant shall be kept for the period of one year and may then be destroyed, but they shall be open to inspection only by members of the board, by the applicant or by someone appointed by the latter to inspect them, by a court of competent jurisdiction in a proceeding where the question of the contents of the papers is properly involved, or by the director in accordance with Section 110 or 153 department.

SEC. 22.

  Section 1620.1 of the Business and Professions Code is amended to read:

1620.1.
 The Department of Consumer Affairs department, in conjunction with the board and the Joint Committee on Boards, Commissions, and Consumer Protection, shall review the scope of practice for dental auxiliaries. The department shall employ the services of an independent consultant to perform this comprehensive analysis. The department shall be authorized to enter into an interagency agreement or be exempted from obtaining sole source approval for a sole source contract. The board shall pay for all of the costs associated with this comprehensive analysis. The department shall report its findings and recommendations to the Legislature by September 1, 2002.

SEC. 23.

  Section 1741 of the Business and Professions Code is amended to read:

1741.
 As used in this article:
(a) “Board” means the Dental Board of California department.
(b) “Committee” means the Committee on Dental Auxiliaries department. Any reference to “Committee on Dental Auxiliaries” in any law or regulation shall be deemed to refer to the department.
(c) “Direct supervision” means supervision of dental procedures based on instructions given by a licensed dentist, who must be physically present in the treatment facility during the performance of those procedures.
(d) “General supervision” means supervision of dental procedures based on instructions given by a licensed dentist but not requiring the physical presence of the supervising dentist during the performance of those procedures.
(e) “Dental auxiliary” means a person who may perform dental assisting or dental hygiene procedures authorized by this article.

SEC. 24.

  Section 1742 of the Business and Professions Code is amended to read:

(a)There is within the jurisdiction of the board a Committee on Dental Auxiliaries.

(b)

1742.
  (a)  The Committee on Dental Auxiliaries department shall have the following areas of responsibility and duties:
(1) The committee department shall have the following duties and authority related to education programs and curriculum:
(A)  Shall To evaluate all dental auxiliary programs applying for board approval in accordance with board rules governing the programs.
(B)  May To appoint board members qualified persons to any evaluation committee. Board members Persons so appointed shall not make a final decision on the issue of program or course approval.
(C)  Shall report and make recommendations to the board as to whether a program or course qualifies for approval. The board director retains the final authority to grant or deny approval to a program or course.
(D)  Shall To review and document any alleged deficiencies that might warrant board action to withdraw or revoke approval of a program or course, at the request of the board.

(E)May review and document any alleged deficiencies that might warrant board action to withdraw or revoke approval of a program or course, at its own initiation.

(2) The committee department shall have the following duties and authority related to applications:
(A)  Shall To review and evaluate all applications for licensure in the various dental auxiliary categories to ascertain whether a candidate meets the appropriate licensing requirements specified by statute and board regulations.
(B)  Shall To maintain application records, and cashier application fees, and to perform any other ministerial tasks as are incidental to the application process.

(C)May delegate any or all of the functions in this paragraph to its staff.

(D)Shall

(C) To issue auxiliary licenses in all cases, except where there is a question as to a licensing requirement. The board director retains final authority to interpret any licensing requirement. If a question arises in the area of interpreting any licensing requirement, it shall be presented by the committee to the board for resolution.
(3) The committee department shall have the following duties and authority regarding examinations:
(A)  Shall advise the board as to To determine the type of license examination it deems deemed appropriate for the various dental auxiliary license categories.
(B)  Shall, at the direction of the board, To develop or cause to be developed, and administer, or both, examinations in accordance with the board’s instructions and periodically report to the board on the progress of those examinations. The following shall apply to the examination procedure:

(i)The examination shall be submitted to the board for its approval prior to its initial administration.

(ii)Once an examination has been approved by the board, no further approval is required unless a major modification is made to the examination.

(iii)The committee shall report to the board on the results of each examination and shall, where appropriate, recommend pass points.

(iv)The board examinations. The department shall set pass points for all dental auxiliary licensing examinations.

(C)May appoint board members to any examination committee established pursuant to subparagraph (B).

(4) The committee department shall periodically report and make recommendations to the board concerning set the level of fees for dental auxiliaries and establish the need for any legislative fee increase. However, the board retains final authority to set all fees.
(5) The committee department shall be responsible for all aspects of the license renewal process, which shall be accomplished in accordance with this chapter and board regulations. The committee may delegate any or all of its functions under this paragraph to its staff.
(6) The committee department shall have no the authority with respect to the approval of approve continuing education providers and the board retains all of this authority.
(7) The committee department shall advise the board as to set the appropriate standards of conduct for auxiliaries, the proper ordering of enforcement priorities, and any other enforcement-related matters that the board may, in the future, delegate to the committee. The board shall retain all authority with respect to the enforcement actions, including, but not limited to, complaint resolution, investigation, and disciplinary action against auxiliaries.
(8) The committee shall have the following duties regarding regulations: department may adopt regulations.

(A)To review and evaluate all suggestions or requests for regulatory changes related to dental auxiliaries.

(B)To report and make recommendations to the board, after consultation with departmental legal counsel and the board’s executive officer.

(C)To include in any report regarding a proposed regulatory change, at a minimum, the specific language of the proposed changes and the reasons for and facts supporting the need for the change. The board has the final rulemaking authority.

(c)

(b)  This section shall become inoperative on July 1, 2009, and, as of January 1, 2010, is repealed, unless a later enacted statute which becomes effective on or before January 1, 2010, deletes or extends the dates on which it becomes inoperative and is repealed. The repeal of this section renders the committee this article subject to the review required by Division 1.2 (commencing with Section 473).

SEC. 25.

  Section 1743 of the Business and Professions Code is repealed.
1743.

The committee shall consist of the following nine members:

(a)One member who is a public member of the board, one member who is a licensed dentist and who has been appointed by the board as an examiner pursuant to Section 1621, one member who is a licensed dentist who is neither a board member nor appointed by the board as an examiner pursuant to Section 1621, three members who are licensed as registered dental hygienists, at least one of whom is actively employed in a private dental office, and three members who are licensed as registered dental assistants. If available, an individual licensed as a registered dental hygienist in extended functions shall be appointed in place of one of the members licensed as a registered dental hygienist. If available, an individual licensed as a registered dental assistant in extended functions shall be appointed in place of one of the members licensed as a registered dental assistant.

(b)The public member of the board shall not have been licensed under Chapter 4 (commencing with Section 1600) of the Business and Professions Code within five years of the appointment date and shall not have any current financial interest in a dental-related business.

SEC. 26.

  Section 1744 of the Business and Professions Code is repealed.
1744.

(a)The members of the committee shall be appointed by the Governor. The terms of the member who is a board member and the member who has been appointed by the board as an examiner pursuant to Section 1621 shall expire December 31, 1976. The terms of the member who is a licensed dentist and one member who is a dental assistant and one member who is licensed as a registered dental hygienist shall expire on December 31, 1977. The terms of all other members shall expire on December 31, 1978. Thereafter, appointments shall be for a term of four years.

(b)No member shall serve as a member of the committee for more than two consecutive terms. Vacancies shall be filled by appointment for the unexpired terms. The committee shall annually elect one of its members as chairperson.

(c)The Governor shall have the power to remove any member of the committee from office for neglect of any duty required by law or for incompetence or unprofessional or dishonorable conduct.

SEC. 27.

  Section 1745 of the Business and Professions Code is repealed.
1745.

Each member of the committee shall receive a per diem and expenses as provided in Section 103.

SEC. 28.

  Section 1746 of the Business and Professions Code is repealed.
1746.

The committee may employ such employees as it may deem necessary to carry out the functions and responsibilities prescribed by this article.

SEC. 29.

  Section 1746.1 of the Business and Professions Code is repealed.
1746.1.

The committee shall evaluate all suggestions or requests for regulatory changes related to auxiliaries. The committee shall have the authority to hold informational hearings in order to report and make appropriate recommendations to the board, after consultation with departmental legal counsel and the board’s chief executive officer. The committee shall include in any report regarding a proposed regulatory change, at a minimum, the specific language or the proposed change or changes and the reasons therefor and any facts supporting the need for the change.

SEC. 30.

  Section 1748 of the Business and Professions Code is repealed.
1748.

Recommendations by the committee pursuant to this article shall be approved, modified, or rejected by the board within 90 days of submission of the recommendation to the board. If the board rejects or significantly modifies the intent or scope of the recommendation, the committee may request that the board provide its reasons in writing for rejecting or significantly modifying the recommendation.

SEC. 31.

  Section 1749 of the Business and Professions Code is repealed.
1749.

(a)The committee shall meet at least four times annually. The committee shall conduct additional meetings as are necessary in appropriate locations to conclude its business. Special meetings may be held at the time and place the committee designates.

(b)Notice of each meeting of the committee shall be given at least two weeks in advance to those persons and organizations who express an interest in receiving such notification.

(c)The committee shall obtain permission of the director to meet more than six times annually. The director shall approve the meetings that are necessary for the committee to fulfill its legal responsibilities.

SEC. 32.

  Section 2001 of the Business and Professions Code is repealed.
2001.

(a)There is in the Department of Consumer Affairs a Medical Board of California that consists of 15 members, seven of whom shall be public members.

(b)The Governor shall appoint 13 members to the board, subject to confirmation by the Senate, five of whom shall be public members. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member.

(c)Notwithstanding any other provision of law, to reduce the membership of the board to 15, the following shall occur:

(1)Two positions on the board that are public members having a term that expires on June 1, 2010, shall terminate instead on January 1, 2008.

(2)Two positions on the board that are not public members having a term that expires on June 1, 2008, shall terminate instead on August 1, 2008.

(3)Two positions on the board that are not public members having a term that expires on June 1, 2011, shall terminate instead on January 1, 2008.

(d)This section shall become inoperative on July 1, 2010, and, as of January 1, 2011, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2011, deletes or extends the dates on which it becomes inoperative and is repealed. The repeal of this section renders the board subject to the review required by Division 1.2 (commencing with Section 473).

SEC. 33.

  Section 2001 is added to the Business and Professions Code, to read:

2001.
 Any reference to “board” or “division” in this chapter, or to “Medical Board of California,” “Division of Medical Quality,” or “Division of Licensing” in any law or regulation, shall be deemed to refer to the department.

SEC. 34.

  Section 2002 of the Business and Professions Code is repealed.
2002.

Unless otherwise expressly provided, the term “board” as used in this chapter means the Medical Board of California. As used in this chapter or any other provision of law, “Division of Medical Quality” and “Division of Licensing” shall be deemed to refer to the board.

SEC. 35.

  Section 2007 of the Business and Professions Code is repealed.
2007.

Members of the board shall only be appointed from persons who have been citizens of this state for at least five years next preceding their appointment. Members of the board, except the public members, shall only be appointed from persons licensed as physicians and surgeons in this state. No person who in any manner owns any interest in any college, school, or institution engaged in medical instruction shall be appointed to the board. Four of the physician members of the board shall hold faculty appointments in a clinical department of an approved medical school in the state, but not more than four members of the board may hold full-time appointments to the faculties of such medical schools.

The public members shall not be licentiates of the board.

SEC. 36.

  Section 2008 of the Business and Professions Code is repealed.
2008.

The board may appoint panels from its members for the purpose of fulfilling the obligations established in subdivision (c) of Section 2004. Any panel appointed under this section shall at no time be comprised of less than four members and the number of public members assigned to the panel shall not exceed the number of licensed physician and surgeon members assigned to the panel. The president of the board shall not be a member of any panel. Each panel shall annually elect a chair and a vice chair.

SEC. 37.

  Section 2010 of the Business and Professions Code is repealed.
2010.

Each member of the board shall be appointed for a term of four years.

Vacancies occuring on the board shall be filled by appointment of the appointing power for the unexpired term.

SEC. 38.

  Section 2011 of the Business and Professions Code is repealed.
2011.

The appointing power may remove any member of the board for neglect of duty required by this chapter, incompetency, or unprofessional conduct.

SEC. 39.

  Section 2012 of the Business and Professions Code is repealed.
2012.

The board shall elect a president, a vice president, and a secretary from its members.

SEC. 40.

  Section 2013 of the Business and Professions Code is repealed.
2013.

(a)The board and a panel appointed under this chapter may convene from time to time as deemed necessary by the board.

(b)Four members of a panel of the board shall constitute a quorum for the transaction of business at any meeting of the panel. Eight members shall constitute a quorum for the transaction of business at any board meeting.

(c)It shall require the affirmative vote of a majority of those members present at a board or panel meeting, those members constituting at least a quorum, to pass any motion, resolution, or measure. A decision by a panel to discipline a physician and surgeon shall require an affirmative vote, at a meeting or by mail, of a majority of the members of that panel; except that a decision to revoke the certificate of a physician and surgeon shall require the affirmative vote of four members of that panel.

SEC. 41.

  Section 2014 of the Business and Professions Code is repealed.
2014.

Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

SEC. 42.

  Section 2015 of the Business and Professions Code is repealed.
2015.

The president of the board may call meetings of any duly appointed and created committee or panel of the board at a specified time and place.

SEC. 43.

  Section 2016 of the Business and Professions Code is repealed.
2016.

Each member of the board and its committees shall receive per diem and travel expenses as provided in Section 103.

SEC. 44.

  Section 2019 of the Business and Professions Code is repealed.
2019.

The office of the board shall be in the City of Sacramento. Suboffices may be established in the Cities of Los Angeles, San Diego, and San Francisco or the environs of such cities. Legal proceedings against the board shall be instituted in any one of these four cities. The board may also establish other suboffices as it may deem necessary and such records as may be necessary may be transferred temporarily to any suboffices.

SEC. 45.

  Section 2020 of the Business and Professions Code is amended to read:

2020.
 The board department may employ an executive director exempt from the provisions of the Civil Service Act and may also employ investigators, legal counsel, medical consultants, and other assistance as it may deem necessary to carry into effect this chapter. The board department may fix the compensation to be paid for services subject to the provisions of applicable state laws and regulations and may incur other expenses as it may deem necessary. Investigators employed by the board department shall be provided special training in investigating medical practice activities.
The Attorney General shall act as legal counsel for the board department for any judicial and administrative proceedings and his or her services shall be a charge against it. This
This section shall become inoperative on July 1, 2010, and, as of January 1, 2011, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2011, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 46.

  Section 2460 of the Business and Professions Code is amended to read:

2460.
  There is created within the jurisdiction of the Medical Board of California and its divisions the California Board of Podiatric Medicine. Any reference to “board” in this article, or to “California Board of Podiatric Medicine” in any law or regulation, shall be deemed to refer to the department. This section shall become inoperative on July 1, 2010, and, as of January 1, 2011, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2011, deletes or extends the dates on which it becomes inoperative and is repealed. The repeal of this section renders the California Board of Podiatric Medicine this article subject to the review required by Division 1.2 (commencing with Section 473).

SEC. 47.

  Section 2460.1 of the Business and Professions Code is amended to read:

2460.1.
 Protection of the public shall be the highest priority for the California Board of Podiatric Medicine in exercising its licensing, regulatory, and disciplinary functions the enforcement of this article. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

SEC. 48.

  Section 2461 of the Business and Professions Code is amended to read:

2461.
 As used in this article:

(a)“Division” means the Division of Licensing of the Medical Board of California.

(b)“Board” means the California Board of Podiatric Medicine.

(c)“Podiatric article, “podiatric licensing authority” refers to any officer, board, commission, committee, or department of another state that may issue a license to practice podiatric medicine.

SEC. 49.

  Section 2462 of the Business and Professions Code is repealed.
2462.

The board shall consist of seven members, three of whom shall be public members. Not more than one member of the board shall be a full-time faculty member of a college or school of podiatric medicine.

The Governor shall appoint the four members qualified as provided in Section 2463 and one public member. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member.

SEC. 50.

  Section 2463 of the Business and Professions Code is repealed.
2463.

Each member of the board, except the public members, shall be appointed from persons having all of the following qualifications:

(a)Be a citizen of this state for at least five years next preceding his or her appointment.

(b)Be a graduate of a recognized school or college of podiatric medicine.

(c)Have a valid certificate to practice podiatric medicine in this state.

(d)Have engaged in the practice of podiatric medicine in this state for at least five years next preceding his or her appointment.

SEC. 51.

  Section 2464 of the Business and Professions Code is repealed.
2464.

The public members shall be appointed from persons having all of the following qualifications:

(a)Be a citizen of this state for at least five years next preceding his or her appointment.

(b)Shall not be an officer or faculty member of any college, school, or other institution engaged in podiatric medical instruction.

(c)Shall not be a licentiate of the board or of any board under this division or of any board created by an initiative act under this division.

SEC. 52.

  Section 2465 of the Business and Professions Code is repealed.
2465.

No person who directly or indirectly owns any interest in any college, school, or other institution engaged in podiatric medical instruction shall be appointed to the board or shall any incumbent member of the board have or acquire any interest, direct or indirect, in any such college, school, or institution.

SEC. 53.

  Section 2466 of the Business and Professions Code is repealed.
2466.

All members of the board shall be appointed for terms of four years. Vacancies shall immediately be filled by the appointing power for the unexpired portion of the terms in which they occur. No person shall serve as a member of the board for more than two consecutive terms.

SEC. 54.

  Section 2467 of the Business and Professions Code is repealed.
2467.

(a)The board may convene from time to time as it deems necessary.

(b)Four members of the board constitute a quorum for the transaction of business at any meeting.

(c)It shall require the affirmative vote of a majority of those members present at a meeting, those members constituting at least a quorum, to pass any motion, resolution, or measure.

(d)The board shall annually elect one of its members to act as president and a member to act as vice president who shall hold their respective positions at the pleasure of the board. The president may call meetings of the board and any duly appointed committee at a specified time and place.

SEC. 55.

  Section 2468 of the Business and Professions Code is repealed.
2468.

Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

SEC. 56.

  Section 2469 of the Business and Professions Code is repealed.
2469.

Each member of the board shall receive per diem and expenses as provided in Section 2016.

SEC. 57.

  Section 2470 of the Business and Professions Code is amended to read:

2470.
 The board department may adopt, amend, or repeal, in accordance with the provisions of the Administrative Procedure Act, regulations necessary to enable the board to carry into effect the provisions of law relating to the practice of podiatric medicine.

SEC. 58.

  Section 2475.2 of the Business and Professions Code is amended to read:

2475.2.
 As used in this article, “podiatric residency” means a program of supervised postgraduate clinical training, one year or more in duration, approved by the board department.

SEC. 59.

  Section 2475.3 of the Business and Professions Code is amended to read:

2475.3.
 (a) The board department shall approve podiatric residency programs, as defined in Section 2475.2, in the field of podiatric medicine, for persons who are applicants for or have been issued a certificate to practice podiatric medicine pursuant to this article.
(b) The board department may only approve a podiatric residency that it determines meets all of the following requirements:
(1) Reasonably conforms with the Accreditation Council for Graduate Medical Education’s Institutional Requirements of the Essentials of Accredited Residencies in Graduate Medical Education: Institutional and Program Requirements.
(2) Is approved by the Council on Podiatric Medical Education.
(3) Complies with the requirements of this state.

SEC. 60.

  Section 2479 of the Business and Professions Code is amended to read:

2479.
 The division department shall issue, upon the recommendation of the board, a certificate to practice podiatric medicine to each applicant who meets the requirements of this chapter. Every applicant for a certificate to practice podiatric medicine shall comply with the provisions of Article 4 (commencing with Section 2080) which are not specifically applicable to applicants for a physician’s and surgeon’s certificate, in addition to the provisions of this article.

SEC. 61.

  Section 2480 of the Business and Professions Code is amended to read:

2480.
 The board department shall have full authority to investigate and to evaluate each applicant applying for a certificate to practice podiatric medicine and to make a determination of the admission of the applicant to the examination and the issuance of a certificate in accordance with the provisions and requirements of this chapter.

SEC. 62.

  Section 2481 of the Business and Professions Code is amended to read:

2481.
 Each applicant who commenced professional instruction in podiatric medicine after September 1, 1959, shall show by an official transcript or other official evidence submitted directly to the board department by the academic institution that he or she has completed two years of preprofessional postsecondary education, or its equivalent, including the subjects of chemistry, biology or other biological science, and physics or mathematics, before completing the resident course of professional instruction.

SEC. 63.

  Section 2483 of the Business and Professions Code is amended to read:

2483.
 (a) Each applicant for a certificate to practice podiatric medicine shall show by an official transcript or other official evidence satisfactory to the board department that is submitted directly to the board department by the academic institution that he or she has successfully completed a medical curriculum extending over a period of at least four academic years, or 32 months of actual instruction, in a college or school of podiatric medicine approved by the board department. The total number of hours of all courses shall consist of a minimum of 4,000 hours.
The board department, by regulation, shall adopt standards for determining equivalent training authorized by this section.
(b) The curriculum for all applicants shall provide for adequate instruction related to podiatric medicine in the following:
Alcoholism and other chemical substance detection
Local anesthesia
Anatomy, including embryology, histology, and neuroanatomy
Behavioral science
Biochemistry
Biomechanics-foot and ankle
Child abuse detection
Dermatology
Geriatric medicine
Human sexuality
Infectious diseases
Medical ethics
Neurology
Orthopedic surgery
Pathology, microbiology, and immunology
Pediatrics
Pharmacology, including materia medica and toxicology
Physical and laboratory diagnosis
Physical medicine
Physiology
Podiatric medicine
Podiatric surgery
Preventive medicine, including nutrition
Psychiatric problem detection
Radiology and radiation safety
Spousal or partner abuse detection
Therapeutics
Women’s health

SEC. 64.

  Section 2484 of the Business and Professions Code is amended to read:

2484.
 In addition to any other requirements of this chapter, before a certificate to practice podiatric medicine may be issued, each applicant shall show by evidence satisfactory to the board department, submitted directly to the board department by the sponsoring institution, that he or she has satisfactorily completed at least two years of postgraduate podiatric medical and podiatric surgical training in a general acute care hospital approved by the Council of Podiatric Medical Education.

SEC. 65.

  Section 2486 of the Business and Professions Code is amended to read:

2486.
 The division department shall issue, upon the recommendation of the board, a certificate to practice podiatric medicine if the applicant meets all of the following requirements:
(a) The applicant has graduated from an approved school or college of podiatric medicine and meets the requirements of Section 2483.
(b) The applicant, within the past 10 years, has passed parts I, II, and III of the examination administered by the National Board of Podiatric Medical Examiners of the United States or has passed a written examination that is recognized by the board department to be the equivalent in content to the examination administered by the National Board of Podiatric Medical Examiners of the United States.
(c) The applicant has satisfactorily completed the postgraduate training required by Section 2484.
(d) The applicant has passed within the past 10 years any oral and practical examination that may be required of all applicants by the board department to ascertain clinical competence.
(e) The applicant has committed no acts or crimes constituting grounds for denial of a certificate under Division 1.5 (commencing with Section 475).
(f) The board department determines that no disciplinary action has been taken against the applicant by any podiatric licensing authority and that the applicant has not been the subject of adverse judgments or settlements resulting from the practice of podiatric medicine that the board department determines constitutes evidence of a pattern of negligence or incompetence.
(g) A disciplinary databank report regarding the applicant has been directly presented to the board department from the Federation of Podiatric Medical Boards.

SEC. 66.

  Section 2488 of the Business and Professions Code is amended to read:

2488.
 Notwithstanding any other provision of law, the division department shall issue, upon the recommendation of the board, a certificate to practice podiatric medicine by credentialing if the applicant is licensed as a doctor of podiatric medicine in any other state and meets all of the following requirements:
(a) The applicant has graduated from an approved school or college of podiatric medicine.
(b) The applicant, within the past 10 years, has passed either part III of the examination administered by the National Board of Podiatric Medical Examiners of the United States or a written examination that is recognized by the board department to be the equivalent in content to the examination administered by the National Board of Podiatric Medical Examiners of the United States.
(c) The applicant has satisfactorily completed a postgraduate training program approved by the Council on Podiatric Medical Education.
(d) The applicant, within the past 10 years, has passed any oral and practical examination that may be required of all applicants by the board department to ascertain clinical competence.
(e) The applicant has committed no acts or crimes constituting grounds for denial of a certificate under Division 1.5 (commencing with Section 475).
(f) The board department determines that no disciplinary action has been taken against the applicant by any podiatric licensing authority and that the applicant has not been the subject of adverse judgments or settlements resulting from the practice of podiatric medicine that the board department determines constitutes evidence of a pattern of negligence or incompetence.
(g) A disciplinary data bank report regarding the applicant has been submitted to the board department directly from the Federation of Podiatric Medical Boards.

SEC. 67.

  Section 2492 of the Business and Professions Code is amended to read:

2492.
 (a) The board department shall examine every applicant for a certificate to practice podiatric medicine to ensure a minimum of entry-level competence at the time and place designated by the board department in its discretion, but at least twice a year.
(b) Unless the applicant meets the requirements of Section 2486, applicants shall be required to have taken and passed the examination administered by the National Board of Podiatric Medical Examiners.
(c) The board department may appoint qualified persons to give the whole or any portion of any examination as provided in this article, who shall be designated as examination commissioners. The board department may fix the compensation of those persons subject to the provisions of applicable state laws and regulations.
(d) The provisions of Article 9 (commencing with Section 2170) shall apply to examinations administered by the board department except where those provisions are in conflict with or inconsistent with the provisions of this article. In respect to applicants under this article any references to the “Division of Licensing” or “division” shall be deemed to apply to the board.

SEC. 68.

  Section 2493 of the Business and Professions Code is amended to read:

2493.
 (a) An applicant for a certificate to practice podiatric medicine shall pass an examination in the subjects required by Section 2483 in order to ensure a minimum of entry-level competence.
(b) The board department shall require a passing score on the National Board of Podiatric Medical Examiners Part III examination that is consistent with the postgraduate training requirement in Section 2484. The board department, as of July 1, 2005, shall require a passing score one standard error of measurement higher than the national passing scale score until such time as the National Board of Podiatric Medical Examiners recommends a higher passing score consistent with Section 2484. In consultation with the Office of Examination Resources of the Department of Consumer Affairs, the board department shall ensure that the part III examination adequately evaluates the full scope of practice established by Section 2472, including amputation and other foot and ankle surgical procedures, pursuant to Section 139.

SEC. 69.

  Section 2495 of the Business and Professions Code is repealed.
2495.

Notwithstanding any other provision of this chapter, the board may delegate to officials of the board the authority to approve the admission of applicants to the examination and to approve the issuance of certificates to practice podiatric medicine to applicants who have met the specific requirements therefor in routine cases where applicants clearly meet the requirements of this chapter.

SEC. 70.

  Section 2496 of the Business and Professions Code is amended to read:

2496.
 In order to ensure the continuing competence of persons licensed to practice podiatric medicine, the board department shall adopt and administer regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) requiring continuing education of those licensees. The board department shall require those licensees to demonstrate satisfaction of the continuing education requirements and one of the following requirements at each license renewal:
(a) Passage of an examination administered by the board department within the past 10 years.
(b) Passage of an examination administered by an approved specialty certifying board within the past 10 years.
(c) Current diplomate, board-eligible, or board-qualified status granted by an approved specialty certifying board within the past 10 years.
(d) Recertification of current status by an approved specialty certifying board within the past 10 years.
(e) Successful completion of an approved residency or fellowship program within the past 10 years.
(f) Granting or renewal of current staff privileges within the past five years by a health care facility that is licensed, certified, accredited, conducted, maintained, operated, or otherwise approved by an agency of the federal or state government or an organization approved by the Medical Board of California department.
(g) Successful completion within the past five years of an extended course of study approved by the board department.
(h) Passage within the past 10 years of Part III of the examination administered by the National Board of Podiatric Medical Examiners.

SEC. 71.

  Section 2497 of the Business and Professions Code is amended to read:

2497.
 (a) The board department may order the denial of an application for, or the suspension of, or the revocation of, or the imposition of probationary conditions upon, a certificate to practice podiatric medicine for any of the causes set forth in Article 12 (commencing with Section 2220) in accordance with Section 2222.
(b) The board department may hear all matters, including but not limited to, any contested case or may assign any such matters to an administrative law judge. The proceedings shall be held in accordance with Section 2230. If a contested case is heard by the board itself, the administrative law judge who presided at the hearing shall be present during the board’s consideration of the case and shall assist and advise the board.

SEC. 72.

  Section 2497.5 of the Business and Professions Code is amended to read:

2497.5.
 (a) The board department may request the administrative law judge, under his or her proposed decision in resolution of a disciplinary proceeding before the board, to direct any licensee found guilty of unprofessional conduct to pay to the board department a sum not to exceed the actual and reasonable costs of the investigation and prosecution of the case.
(b) The costs to be assessed shall be fixed by the administrative law judge and shall not in any event be increased by the board. When the board department does not adopt a proposed decision and remands the case to an administrative law judge, the administrative law judge shall not increase the amount of any costs assessed in the proposed decision.
(c) When the payment directed in the board’s department’s order for payment of costs is not made by the licensee, the board department may enforce the order for payment by bringing an action in any appropriate court. This right of enforcement shall be in addition to any other rights the board department may have as to any licensee directed to pay costs.
(d) In any judicial action for the recovery of costs, proof of the board’s department’s decision shall be conclusive proof of the validity of the order of payment and the terms for payment.
(e) (1) Except as provided in paragraph (2), the board department shall not renew or reinstate the license of any licensee who has failed to pay all of the costs ordered under this section.
(2) Notwithstanding paragraph (1), the board department may, in its discretion, conditionally renew or reinstate for a maximum of one year the license of any licensee who demonstrates financial hardship and who enters into a formal agreement with the board department to reimburse the board department within that one year period for those unpaid costs.
(f) All costs recovered under this section shall be deposited in the Board of Podiatric Medicine Fund as a reimbursement in either the fiscal year in which the costs are actually recovered or the previous fiscal year, as the board department may direct.

SEC. 73.

  Section 2498 of the Business and Professions Code is amended to read:

2498.
 (a) The board department shall have the responsibility for reviewing the quality of podiatric medical practice carried out by persons licensed to practice podiatric medicine.
(b)  Each member of the board The department, or any licensed doctor of podiatric medicine appointed by the board department, shall additionally have the authority to inspect, or require reports from, a general or specialized hospital and the podiatric medical staff thereof, with respect to the podiatric medical care, services, or facilities provided therein, and may inspect podiatric medical patient records with respect to the care, services, or facilities. The authority to make inspections and to require reports as provided by this section shall not be delegated by a member of the board to any person other than a doctor of podiatric medicine and shall be subject to the restrictions against disclosure described in Section 2263.

SEC. 74.

  Section 2499 of the Business and Professions Code is amended to read:

2499.
 There is in the State Treasury the Board of Podiatric Medicine Fund. Notwithstanding Section 2445, the division department shall report to the Controller at the beginning of each calendar month for the month preceding the amount and source of all revenue received by it on behalf of the board, pursuant to this chapter article, and shall pay the entire amount thereof to the Treasurer for deposit into the fund. All revenue received by the board and the division from fees authorized to be charged relating to the practice of podiatric medicine shall be deposited in the fund as provided in this section, and shall be used to carry out the provisions of this chapter relating to the regulation of the practice of podiatric medicine.

SEC. 75.

  Section 2499.5 of the Business and Professions Code is amended to read:

2499.5.
 The following fees apply to certificates to practice podiatric medicine. The amount of fees prescribed for doctors of podiatric medicine shall be those set forth in this section unless a lower fee is established by the board department in accordance with Section 2499.6. Fees collected pursuant to this section shall be fixed by the board department in amounts not to exceed the actual costs of providing the service for which the fee is collected.
(a) Each applicant for a certificate to practice podiatric medicine shall pay an application fee of twenty dollars ($20) at the time the application is filed. If the applicant qualifies for a certificate, he or she shall pay a fee which shall be fixed by the board department at an amount not to exceed one hundred dollars ($100) nor less than five dollars ($5) for the issuance of the certificate.
(b) The oral examination fee shall be seven hundred dollars ($700), or the actual cost, whichever is lower, and shall be paid by each applicant. If the applicant’s credentials are insufficient or if the applicant does not desire to take the examination, and has so notified the board department 30 days prior to the examination date, only the examination fee is returnable to the applicant. The board department may charge an examination fee for any subsequent reexamination of the applicant.
(c) Each applicant who qualifies for a certificate, as a condition precedent to its issuance, in addition to other fees required by this section, shall pay an initial license fee. The initial license fee shall be eight hundred dollars ($800). The initial license shall expire the second year after its issuance on the last day of the month of birth of the licensee. The board department may reduce the initial license fee by up to 50 percent of the amount of the fee for any applicant who is enrolled in a postgraduate training program approved by the board department or who has completed a postgraduate training program approved by the board department within six months prior to the payment of the initial license fee.
(d) The biennial renewal fee shall be nine hundred dollars ($900). Any licensee enrolled in an approved residency program shall be required to pay only 50 percent of the biennial renewal fee at the time of his or her first renewal.
(e) The delinquency fee is one hundred fifty dollars ($150).
(f) The duplicate wall certificate fee is forty dollars ($40).
(g) The duplicate renewal receipt fee is forty dollars ($40).
(h) The endorsement fee is thirty dollars ($30).
(i) The letter of good standing fee or for loan deferment is thirty dollars ($30).
(j) There shall be a fee of sixty dollars ($60) for the issuance of a resident’s license under Section 2475.
(k) The application fee for ankle certification under Section 2472 for persons licensed prior to January 1, 1984, shall be fifty dollars ($50). The examination and reexamination fee for this certification shall be seven hundred dollars ($700).
(l) The filing fee to appeal the failure of an oral examination shall be twenty-five dollars ($25).
(m) The fee for approval of a continuing education course or program shall be one hundred dollars ($100).

SEC. 76.

  Section 2499.6 of the Business and Professions Code is amended to read:

2499.6.
 The fees in this article shall be fixed by the board department in accordance with Section 313.1.

SEC. 77.

  Section 2499.8 of the Business and Professions Code is amended to read:

2499.8.
 Any licensee who demonstrates to the satisfaction of the board department that he or she is unable to practice podiatric medicine due to a disability may request a waiver of the license renewal fee. The granting of a waiver shall be at the discretion of the board department and may be terminated at any time. Waivers shall be based on the inability of a licensee to practice podiatric medicine. A licensee whose renewal fee has been waived pursuant to this section shall not engage in the practice of podiatric medicine unless and until the licensee pays the current renewal fee and does either of the following:
(a) Establishes to the satisfaction of the board department, on a form prescribed by the board department and signed under penalty of perjury, that the licensee’s disability either no longer exists or does not affect his or her ability to practice podiatric medicine safely.
(b) Signs an agreement on a form prescribed by the board department, signed under penalty of perjury, in which the licensee agrees to limit his or her practice in the manner prescribed by the reviewing physician.

SEC. 78.

  Section 2530.2 of the Business and Professions Code is amended to read:

2530.2.
 As used in this chapter, unless the context otherwise requires:
(a) “Board” means the Speech-Language Pathology and Audiology Board or any successor department.
(b) “Person” means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter.
(c) A “speech-language pathologist” is a person who practices speech-language pathology.
(d) The practice of speech-language pathology means all of the following:
(1) The application of principles, methods, instrumental procedures, and noninstrumental procedures for measurement, testing, screening, evaluation, identification, prediction, and counseling related to the development and disorders of speech, voice, language, or swallowing.
(2) The application of principles and methods for preventing, planning, directing, conducting, and supervising programs for habilitating, rehabilitating, ameliorating, managing, or modifying disorders of speech, voice, language, or swallowing in individuals or groups of individuals.
(3) Conducting hearing screenings.
(4) Performing suctioning in connection with the scope of practice described in paragraphs (1) and (2), after compliance with a medical facility’s training protocols on suctioning procedures.
(e) (1) Instrumental procedures referred to in subdivision (d) are the use of rigid and flexible endoscopes to observe the pharyngeal and laryngeal areas of the throat in order to observe, collect data, and measure the parameters of communication and swallowing as well as to guide communication and swallowing assessment and therapy.
(2) Nothing in this subdivision shall be construed as a diagnosis. Any observation of an abnormality shall be referred to a physician and surgeon.
(f) A licensed speech-language pathologist shall not perform a flexible fiberoptic nasendoscopic procedure unless he or she has received written verification from an otolaryngologist certified by the American Board of Otolaryngology that the speech-language pathologist has performed a minimum of 25 flexible fiberoptic nasendoscopic procedures and is competent to perform these procedures. The speech-language pathologist shall have this written verification on file and readily available for inspection upon request by the board department. A speech-language pathologist shall pass a flexible fiberoptic nasendoscopic instrument only under the direct authorization of an otolaryngologist certified by the American Board of Otolaryngology and the supervision of a physician and surgeon.
(g) A licensed speech-language pathologist shall only perform flexible endoscopic procedures described in subdivision (e) in a setting that requires the facility to have protocols for emergency medical backup procedures, including a physician and surgeon or other appropriate medical professionals being readily available.
(h) “Speech-language pathology aide” means any person meeting the minimum requirements established by the board department, who works directly under the supervision of a speech-language pathologist.
(i) (1) “Speech-language pathology assistant” means a person who meets the academic and supervised training requirements set forth by the board department and who is approved by the board department to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant.
(2) The supervising speech-language pathologist employed or contracted for by a public school may hold a valid and current license issued by the board department, a valid, current, and professional clear clinical or rehabilitative services credential in language, speech, and hearing issued by the Commission on Teacher Credentialing, or other credential authorizing service in language, speech, and hearing issued by the Commission on Teacher Credentialing that is not issued on the basis of an emergency permit or waiver of requirements. For purposes of this paragraph, a “clear” credential is a credential that is not issued pursuant to a waiver or emergency permit and is as otherwise defined by the Commission on Teacher Credentialing. Nothing in this section referring to credentialed supervising speech-language pathologists expands existing exemptions from licensing pursuant to Section 2530.5.
(j) An “audiologist” is one who practices audiology.
(k) “The practice of audiology” means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, counseling, instruction related to auditory, vestibular, and related functions and the modification of communicative disorders involving speech, language, auditory behavior or other aberrant behavior resulting from auditory dysfunction; and the planning, directing, conducting, supervising, or participating in programs of identification of auditory disorders, hearing conservation, cerumen removal, aural habilitation, and rehabilitation, including, hearing aid recommendation and evaluation procedures including, but not limited to, specifying amplification requirements and evaluation of the results thereof, auditory training, and speech reading.
(l) “Audiology aide” means any person, meeting the minimum requirements established by the board department, who works directly under the supervision of an audiologist.
(m) “Medical board” means the Medical Board of California or a division of the board department.
(n) A “hearing screening” performed by a speech-language pathologist means a binary puretone screening at a preset intensity level for the purpose of determining if the screened individuals are in need of further medical or audiological evaluation.
(o) “Cerumen removal” means the nonroutine removal of cerumen within the cartilaginous ear canal necessary for access in performance of audiological procedures that shall occur under physician and surgeon supervision. Cerumen removal, as provided by this section, shall only be performed by a licensed audiologist. Physician and surgeon supervision shall not be construed to require the physical presence of the physician, but shall include all of the following:
(1) Collaboration on the development of written standardized protocols. The protocols shall include a requirement that the supervised audiologist immediately refer to an appropriate physician any trauma, including skin tears, bleeding, or other pathology of the ear discovered in the process of cerumen removal as defined in this subdivision.
(2) Approval by the supervising physician of the written standardized protocol.
(3) The supervising physician shall be within the general vicinity, as provided by the physician-audiologist protocol, of the supervised audiologist and available by telephone contact at the time of cerumen removal.
(4) A licensed physician and surgeon may not simultaneously supervise more than two audiologists for purposes of cerumen removal.

SEC. 79.

  Section 2531 of the Business and Professions Code is repealed.
2531.

There is in the Department of Consumer Affairs a Speech-Language Pathology and Audiology Board in which the enforcement and administration of this chapter is vested. The Speech-Language Pathology and Audiology Board shall consist of nine members, three of whom shall be public members.

This section shall become inoperative on July 1, 2008, and, as of January 1, 2009, is repealed, unless a later enacted statute, that becomes effective on or before January 1, 2009, deletes or extends the inoperative and repeal dates. The repeal of this section renders the board subject to the review required by Division 1.2 (commencing with Section 473).

SEC. 80.

  Section 2531.02 of the Business and Professions Code is amended to read:

2531.02.
 Protection of the public shall be the highest priority for the Speech-Language Pathology and Audiology Board department in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

SEC. 81.

  Section 2531.05 of the Business and Professions Code is repealed.
2531.05.

The Hearing Aid Dispensers Examining Committee shall appoint one of its members to serve as liaison to the Speech-Language Pathology and Audiology Board for the purpose of coordinating the policies of the committee and board regarding the fitting or dispensing of hearing aids. The Speech-Language Pathology and Audiology Board shall notify the Hearing Aid Dispensers Examining Committee in advance of all board business concerning the fitting or dispensing of hearing aids to facilitate the participation of the liaison member.

SEC. 82.

  Section 2531.1 of the Business and Professions Code is repealed.
2531.1.

(a)Each member of the board shall hold office for a term of four years, and shall serve until the appointment and qualification of his or her successor or until one year has elapsed since the expiration of the term for which he or she was appointed, whichever first occurs. No member may serve for more than two consecutive terms.

(b)Notwithstanding the four-year terms set by subdivision (a), commencing on November 30, 2004, members appointed to the board shall serve the terms set forth below. Each of these terms shall count as a full term for purposes of subdivision (a).

(1)The two public members appointed by the Senate Committee on Rules and the Speaker of the Assembly, respectively, shall each serve a term of one year.

(2)One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing power, shall each serve a term of two years.

(3)One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing power, and the public member who is a licensed physician and surgeon, board certified in otaryngology, shall each serve a term of three years.

(4)One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing power, shall each serve a term of four years.

(c)Upon completion of each of the terms described in subdivision (b), a succeeding member shall be appointed to the board for a term of four years.

SEC. 83.

  Section 2531.2 of the Business and Professions Code is repealed.
2531.2.

The membership of the board shall include three licensed speech-language pathologists, three licensed audiologists, and three public members one of whom is a licensed physician and surgeon, board certified in otolaryngology, and the remaining two public members who shall not be licentiates of the board or of any board under this division or of any board referred to in the Chiropractic Act or the Osteopathic Act.

The Governor shall appoint the physician and surgeon member and the other six licensed members qualified as provided in this section. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member, and their initial appointment shall be made to fill, respectively, the first and second public member vacancies which occur on or after January 1, 1983.

SEC. 84.

  Section 2531.3 of the Business and Professions Code is amended to read:

2531.3.
 The board department shall examine every applicant for a speech-language pathology license or an audiology license at the time and place designated by the board department in its discretion, but at least once in each year; and for that purpose the director may appoint qualified persons to give the whole or any portion of the examination, who shall be designated as commissioners on examination. A commissioner on examination need not be a member of the board, but shall be subject to the same rules and regulations and shall be entitled to the same fee as if he or she were a member of the board.
The board department shall perform all examination functions, including but not limited to, participation in uniform examination systems.

SEC. 85.

  Section 2531.4 of the Business and Professions Code is amended to read:

2531.4.
 The board department shall have full authority to investigate and to evaluate each and every applicant applying for a license to practice speech-language pathology or a license to practice audiology and to determine the admission of the applicant to the examination, if administered by the board, or to issue a license, in conformance with the provisions of, and qualifications required by, this chapter.

SEC. 86.

  Section 2531.5 of the Business and Professions Code is amended to read:

2531.5.
 The board department shall issue, suspend, and revoke licenses and approvals to practice speech-language pathology and audiology as authorized by this chapter.

SEC. 87.

  Section 2531.6 of the Business and Professions Code is repealed.
2531.6.

The Governor has power to remove from office any member of the board for neglect of any duty required by this chapter, for incompetency, or for unprofessional conduct.

SEC. 88.

  Section 2531.7 of the Business and Professions Code is repealed.
2531.7.

The board shall elect annually a chairperson and vice chairperson from among its members. The board shall hold at least one regular meeting each year. Additional meetings may be held upon call of the chairperson or at the written request of any two members of the board.

SEC. 89.

  Section 2531.75 of the Business and Professions Code is repealed.
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 become inoperative on July 1, 2008, and, as of January 1, 2009, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2009, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 90.

  Section 2531.8 of the Business and Professions Code is repealed.
2531.8.

Five members of the board shall at all times constitute a quorum.

SEC. 91.

  Section 2531.9 of the Business and Professions Code is repealed.
2531.9.

Each member of the board shall receive a per diem and expenses as provided in Section 103.

SEC. 92.

  Section 2531.95 of the Business and Professions Code is amended to read:

2531.95.
 The board department shall from time to time adopt the regulations that may be necessary to effectuate this chapter. In adopting regulations the board department shall comply with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

SEC. 93.

  Section 2538 of the Business and Professions Code is amended to read:

2538.
 A person seeking approval as a speech-language pathology assistant shall make application to the board department for that approval.

SEC. 94.

  Section 2538.1 of the Business and Professions Code is amended to read:

2538.1.
 (a) The board department shall adopt regulations, in collaboration with the State Department of Education, the Commission on Teacher Credentialing, and the Advisory Commission on Special Education, that set forth standards and requirements for the adequate supervision of speech-language pathology assistants.
(b) The board department shall adopt regulations as reasonably necessary to carry out the purposes of this article, that shall include, but need not be limited to, the following:
(1) Procedures and requirements for application, registration, renewal, suspension, and revocation.
(2) Standards for approval of Associate Degree Speech-Language Pathology Assistant training programs based upon standards and curriculum guidelines established by the National Council on Academic Accreditation in Audiology and Speech-Language Pathology, or the American Speech-Language-Hearing Association, or equivalent formal training programs consisting of two years of technical education, including supervised field placements. The board department may impanel site review committees to conduct onsite evaluations, inspections, and investigations of a speech-language pathology assistant training program and to assess the training program’s compliance with the board’s laws and regulations. The members of the site review committee shall receive no compensation but shall be reimbursed for their actual travel and per diem expenses by the institution that is the subject of the evaluation, inspection, or investigation.
(3) Standards for accreditation of a Speech-Language Pathology Assistant training program’s institution by the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges or the Senior College Commission of the Western Association of Schools and Colleges, or equivalent accreditation.
(4) The scope of responsibility, duties, and functions of speech-language pathology assistants, that shall include, but not be limited to, all of the following:
(A) Conducting speech-language screening, without interpretation, and using screening protocols developed by the supervising speech-language pathologist.
(B) Providing direct treatment assistance to patients or clients under the supervision of a speech-language pathologist.
(C) Following and implementing documented treatment plans or protocols developed by a supervising speech-language pathologist.
(D) Documenting patient or client progress toward meeting established objectives, and reporting the information to a supervising speech-language pathologist.
(E) Assisting a speech-language pathologist during assessments, including, but not limited to, assisting with formal documentation, preparing materials, and performing clerical duties for a supervising speech-language pathologist.
(F) When competent to do so, as determined by the supervising speech-language pathologist, acting as an interpreter for non-English-speaking patients or clients and their family members.
(G) Scheduling activities and preparing charts, records, graphs, and data.
(H) Performing checks and maintenance of equipment, including, but not limited to, augmentative communication devices.
(I) Assisting with speech-language pathology research projects, in-service training, and family or community education.
The regulations shall provide that speech-language pathology assistants are not authorized to conduct evaluations, interpret data, alter treatment plans, or perform any task without the express knowledge and approval of a supervising speech-language pathologist.
(5) The requirements for the wearing of distinguishing name badges with the title of speech-language pathology assistant.
(6) Minimum continuing professional development requirements for the speech-language pathology assistant, not to exceed 12 hours in a two-year period. The speech-language pathology assistant’s supervisor shall act as a professional development advisor. The speech-language pathology assistant’s professional growth may be satisfied with successful completion of state or regional conferences, workshops, formal in-service presentations, independent study programs, or any combination of these concerning communication and related disorders.
(7) Minimum continuing professional development requirements for the supervisor of a speech-language pathology assistant.
(8) The type and amount of direct and indirect supervision required for speech-language pathology assistants.
(9) The maximum number of assistants permitted per supervisor.
(10) A requirement that the supervising speech-language pathologist shall remain responsible and accountable for clinical judgments and decisions and the maintenance of the highest quality and standards of practice when a speech-language pathology assistant is utilized.

SEC. 95.

  Section 2570.2 of the Business and Professions Code is amended to read:

2570.2.
 As used in this chapter, unless the context requires otherwise:
(a) “Appropriate supervision of an aide” means that the responsible occupational therapist shall provide direct in-sight supervision when the aide is providing delegated client-related tasks and shall be readily available at all times to provide advice or instruction to the aide. The occupational therapist is responsible for documenting the client’s record concerning the delegated client-related tasks performed by the aide.
(b) “Aide” means an individual who provides supportive services to an occupational therapist and who is trained by an occupational therapist to perform, under appropriate supervision, delegated, selected client and nonclient-related tasks for which the aide has demonstrated competency. An occupational therapist licensed pursuant to this chapter may utilize the services of one aide engaged in patient-related tasks to assist the occupational therapist in his or her practice of occupational therapy. An occupational therapy assistant shall not supervise an aide engaged in client-related tasks.
(c) “Association” means the Occupational Therapy Association of California or a similarly constituted organization representing occupational therapists in this state.
(d) “Board” means the California Board of Occupational Therapy department. Any reference to the “California Board of Occupational Therapy” in any law or regulation shall be deemed to refer to the department.
(e) “Examination” means an entry level certification examination for occupational therapists and occupational therapy assistants administered by the National Board for Certification in Occupational Therapy or by another nationally recognized credentialing body.
(f) “Good standing” means that the person has a current, valid license to practice occupational therapy or assist in the practice of occupational therapy and has not been disciplined by the recognized professional certifying or standard-setting body within five years prior to application or renewal of the person’s license.
(g) “Occupational therapist” means an individual who meets the minimum education requirements specified in Section 2570.6 and is licensed pursuant to the provisions of this chapter and whose license is in good standing as determined by the board department to practice occupational therapy under this chapter. Only the occupational therapist is responsible for the occupational therapy assessment of a client, and the development of an occupational therapy plan of treatment.
(h) “Occupational therapy assistant” means an individual who is certified pursuant to the provisions of this chapter, who is in good standing as determined by the board department, and based thereon, who is qualified to assist in the practice of occupational therapy under this chapter, and who works under the appropriate supervision of a licensed occupational therapist.
(i) “Occupational therapy services” means the services of an occupational therapist or the services of an occupational therapy assistant under the appropriate supervision of an occupational therapist.
(j) “Person” means an individual, partnership, unincorporated organization, or corporation.
(k) “Practice of occupational therapy” means the therapeutic use of purposeful and meaningful goal-directed activities (occupations) which engage the individual’s body and mind in meaningful, organized, and self-directed actions that maximize independence, prevent or minimize disability, and maintain health. Occupational therapy services encompass occupational therapy assessment, treatment, education of, and consultation with, individuals who have been referred for occupational therapy services subsequent to diagnosis of disease or disorder (or who are receiving occupational therapy services as part of an Individualized Education Plan (IEP) pursuant to the federal Individuals with Disabilities Education Act (IDEA)). Occupational therapy assessment identifies performance abilities and limitations that are necessary for self-maintenance, learning, work, and other similar meaningful activities. Occupational therapy treatment is focused on developing, improving, or restoring functional daily living skills, compensating for and preventing dysfunction, or minimizing disability. Occupational therapy techniques that are used for treatment involve teaching activities of daily living (excluding speech-language skills); designing or fabricating selective temporary orthotic devices, and applying or training in the use of assistive technology or orthotic and prosthetic devices (excluding gait training). Occupational therapy consultation provides expert advice to enhance function and quality of life. Consultation or treatment may involve modification of tasks or environments to allow an individual to achieve maximum independence. Services are provided individually, in groups, or through social groups.
(l) “Hand therapy” is the art and science of rehabilitation of the hand, wrist, and forearm requiring comprehensive knowledge of the upper extremity and specialized skills in assessment and treatment to prevent dysfunction, restore function, or reverse the advancement of pathology. This definition is not intended to prevent an occupational therapist practicing hand therapy from providing other occupational therapy services authorized under this act in conjunction with hand therapy.
(m) “Physical agent modalities” means techniques that produce a response in soft tissue through the use of light, water, temperature, sound, or electricity. These techniques are used as adjunctive methods in conjunction with, or in immediate preparation for, occupational therapy services.

SEC. 96.

  Section 2570.19 of the Business and Professions Code is repealed.
2570.19.

(a)There is hereby created a California Board of Occupational Therapy, hereafter referred to as the board. The board shall enforce and administer this chapter.

(b)The members of the board shall consist of the following:

(1)Three occupational therapists who shall have practiced occupational therapy for five years.

(2)One occupational therapy assistant who shall have assisted in the practice of occupational therapy for five years.

(3)Three public members who shall not be licentiates of the board or of any board referred to in Section 1000 or 3600.

(c)The Governor shall appoint the three occupational therapists and one occupational therapy assistant to be members of the board. The Governor, the Senate Rules Committee, and the Speaker of the Assembly shall each appoint a public member. Not more than one member of the board shall be appointed from the full-time faculty of any university, college, or other educational institution.

(d)All members shall be residents of California at the time of their appointment. The occupational therapist and occupational therapy assistant members shall have been engaged in rendering occupational therapy services to the public, teaching, or research in occupational therapy for at least five years preceding their appointments.

(e)The public members may not be or have ever been occupational therapists or occupational therapy assistants or in training to become occupational therapists or occupational therapy assistants. The public members may not be related to, or have a household member who is, an occupational therapist or an occupational therapy assistant, and may not have had, within two years of the appointment, a substantial financial interest in a person regulated by the board.

(f)The Governor shall appoint two board members for a term of one year, two board members for a term of two years, and one board member for a term of three years. Appointments made thereafter shall be for four-year terms, but no person shall be appointed to serve more than two consecutive terms. Terms shall begin on the first day of the calendar year and end on the last day of the calendar year or until successors are appointed, except for the first appointed members who shall serve through the last calendar day of the year in which they are appointed, before commencing the terms prescribed by this section. Vacancies shall be filled by appointment for the unexpired term. The board shall annually elect one of its members as president.

(g)The board shall meet and hold at least one regular meeting annually in the Cities of Sacramento, Los Angeles, and San Francisco. The board may convene from time to time until its business is concluded. Special meetings of the board may be held at any time and place designated by the board.

(h)Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

(i)Members of the board shall receive no compensation for their services, but shall be entitled to reasonable travel and other expenses incurred in the execution of their powers and duties in accordance with Section 103.

(j)The appointing power shall have the power to remove any member of the board from office for neglect of any duty imposed by state law, for incompetency, or for unprofessional or dishonorable conduct.

(k)A loan is hereby authorized from the General Fund to the Occupational Therapy Fund on or after July 1, 2000, in an amount of up to one million dollars ($1,000,000) to fund operating, personnel, and other startup costs of the board. Six hundred ten thousand dollars ($610,000) of this loan amount is hereby appropriated to the board to use in the 2000–01 fiscal year for the purposes described in this subdivision. In subsequent years, funds from the Occupational Therapy Fund shall be available to the board upon appropriation by the Legislature in the annual Budget Act. The loan shall be repaid to the General Fund over a period of up to five years, and the amount paid shall also include interest at the rate accruing to moneys in the Pooled Money Investment Account. The loan amount and repayment period shall be minimized to the extent possible based upon actual board financing requirements as determined by the Department of Finance.

(l)This section shall become inoperative on July 1, 2013, and, as of January 1, 2014, is repealed, unless a later enacted statute that is enacted before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed. The repeal of this section renders the board subject to the review required by Division 1.2 (commencing with Section 473).

SEC. 97.

  Section 2570.20 of the Business and Professions Code is amended to read:

2570.20.
 (a) The board department shall administer, coordinate, and enforce the provisions of this chapter, evaluate the qualifications, and approve the examinations for licensure under this chapter.
(b) The board department shall adopt rules in accordance with the Administrative Procedure Act relating to professional conduct to carry out the purpose of this chapter, including, but not limited to, rules relating to professional licensure or certification and to the establishment of ethical standards of practice for persons holding a license to practice occupational therapy and for persons certified to assist in the practice of occupational therapy in this state.
(c) Proceedings under this chapter shall be conducted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

SEC. 98.

  Section 2570.21 of the Business and Professions Code is repealed.
2570.21.

Subject to Sections 107 and 154, the board may employ an executive officer and other officers and employees

SEC. 99.

  Section 2570.30 of the Business and Professions Code is amended to read:

2570.30.
 The board department shall retain jurisdiction to proceed with any investigation, action or disciplinary proceeding against a license, or to render a decision suspending or revoking a license, regardless of the expiration, lapse, or suspension of the license by operation of law, by order or decision of the board department or a court of law, or by the voluntary surrender of a license by the licensee.

SEC. 100.

  Section 2601 of the Business and Professions Code is amended to read:

2601.
 “Board” as used in this chapter means the Physical Therapy Board of California department. Any reference to the “Physical Therapy Board of California” in any law or regulation shall be deemed to refer to the d epartment.

SEC. 101.

  Section 2602 of the Business and Professions Code is amended to read:

2602.
 The Physical Therapy Board of California, hereafter referred to as the board, department shall enforce and administer this chapter. This section shall become inoperative on July 1, 2013, and, as of January 1, 2014, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board this chapter subject to the review required by Division 1.2 (commencing with Section 473).

SEC. 102.

  Section 2602.1 of the Business and Professions Code is amended to read:

2602.1.
 Protection of the public shall be the highest priority for the Physical Therapy Board of California department in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

SEC. 103.

  Section 2603 of the Business and Professions Code is repealed.
2603.

The members of the board consist of the following: one physical therapist involved in the education of physical therapists, three physical therapists who shall have practiced physical therapy for five years and shall be licensed by the board, and three public members who shall not be licentiates of the board or of any other board under the Medical Board of California or of any board referred to in Sections 1000 and 3600.

SEC. 104.

  Section 2604 of the Business and Professions Code is repealed.
2604.

The members of the board shall be appointed for a term of four years, expiring on the first day of June of each year.

The Governor shall appoint one of the public members and the four physical therapist members of the board qualified as provided in Section 2603. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member, and their initial appointment shall be made to fill, respectively, the first and second public member vacancies which occur on or after January 1, 1983.

Not more than one member of the board shall be appointed from the full-time faculty of any university, college, or other educational institution.

No person may serve as a member of the board for more than two consecutive terms. Vacancies shall be filled by appointment for the unexpired term. Annually, the board shall elect one of its members as president.

The appointing power shall have the power to remove any member of the board from office for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct.

SEC. 105.

  Section 2604.5 of the Business and Professions Code is repealed.
2604.5.

The public members shall be appointed from persons having all of the following qualifications:

(a)Be a citizen of California.

(b)Shall not be an officer or faculty member of any college, school or institution engaged in physical therapy education.

(c)Shall not be a licentiate of the Medical Board of California or of any board under this division or of any board referred to in Sections 1000 and 3600.

SEC. 106.

  Section 2605 of the Business and Professions Code is amended to read:

2605.
 It shall be the duty of the board department to examine applicants for a license as provided by this chapter, at those places and times as shall be designated by the board department in its discretion. It may employ physical therapists licensed pursuant to this chapter to aid it in that examination. The examination shall reasonably test the applicant’s knowledge of physical therapy in areas such as: anatomy, pathology, kinesiology, physiology, psychology, physics, electrotherapy, radiation therapy, hydrotherapy, massage, therapeutic exercise, physical therapy as applied to medicine, neurology, orthopedics, surgery, psychiatry, procedures of evaluation, testing, measuring, and technical procedures in the practice of physical therapy, consultation, and program planning.

SEC. 107.

  Section 2606 of the Business and Professions Code is repealed.
2606.

Each member of the board shall receive a per diem and expenses as provided in Section 103.

SEC. 108.

  Section 2607 of the Business and Professions Code is amended to read:

2607.
 The board department may employ, subject to law, such clerical assistants and, except as provided in Section 159.5, other employees as it may deem necessary to carry out its powers and duties.
The board department may as necessary select and contract with physical therapy consultants who are licensed physical therapists to assist it in its programs on an intermittent basis. Notwithstanding any other provision of law, the board department may contract with these consultants on a sole source basis. For the purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, any consultant under contract with the board department shall be considered a public employee.

SEC. 109.

  Section 2607.5 of the Business and Professions Code is repealed.
2607.5.

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.

This section shall become inoperative on July 1, 2013, and, as of January 1, 2014, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.

The repeal of this section renders the board subject to the review required by Division 1.2 (commencing with Section 473).

SEC. 110.

  Section 2608.5 of the Business and Professions Code is amended to read:

2608.5.
  Each member of the board The department, or any licensed physical therapist appointed by the board department, may inspect, or require reports from, a general or specialized hospital or any other facility providing physical therapy care, treatment or services and the physical therapy staff thereof, with respect to the physical therapy care, treatment, services, or facilities provided therein, and may inspect physical therapy patient records with respect to the care, treatment, services, or facilities. The authority to make inspections and to require reports as provided by this section shall not be delegated by a member of the board the department to any person other than a physical therapist and shall be subject to the restrictions against disclosure described in Section 2263.

SEC. 111.

  Section 2609 of the Business and Professions Code is amended to read:

2609.
 The board department shall issue, suspend, and revoke licenses and approvals to practice physical therapy as provided in this chapter.

SEC. 112.

  Section 2611 of the Business and Professions Code is repealed.
2611.

The board shall hold at least one regular meeting annually in the Cities of Sacramento, Los Angeles and San Francisco. The board may convene from time to time until its business is concluded. Special meetings of the board may be held at any time and place as the board may designate.

SEC. 113.

  Section 2612 of the Business and Professions Code is repealed.
2612.

Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

SEC. 114.

  Section 2613 of the Business and Professions Code is amended to read:

2613.
 The board department may appoint qualified persons to give the whole or any portion of any examination as provided in this chapter, who shall be designated as a commissioner on examination. A commissioner on examination need not be a member of the board but shall be subject to the same rules and regulations and shall be entitled to the same fee as if he or she were a member of the board.

SEC. 115.

  Section 2614 of the Business and Professions Code is amended to read:

2614.
 (a) The board department shall hear all matters, including but not limited to, any contested case or any petition for reinstatement, restoration, or modification of probation. Except as otherwise provided in this chapter, all hearings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. If a contested case is heard by the board the hearing officer who presided at the hearing shall be present during the board’s consideration of the case and, if requested, shall assist and advise the board.
(b) At the conclusion of the hearing, the board department shall deny an application for, or suspend or revoke, or impose probation conditions upon, a license or approval.

SEC. 116.

  Section 2615 of the Business and Professions Code is amended to read:

2615.
 The board department shall from time to time adopt regulations that may be necessary to effectuate this chapter. In adopting regulations the board department shall comply with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

SEC. 117.

  Section 2632 of the Business and Professions Code is amended to read:

2632.
 All licenses for the practice of physical therapy in this state shall be issued by the board department, and all applications for the licenses shall be filed with the board department. Excepting as otherwise required by the director pursuant to Section 164, the license issued by the board department shall describe the licensee as a “physical therapist licensed by the Physical Therapy Board Department of Consumer Affairs of California.”
Each application shall be accompanied by the application fee prescribed by Section 2688, shall be signed by the applicant, and shall contain a statement under oath of the facts entitling the applicant to receive a license without examination or to take an examination.

SEC. 118.

  Section 2701 of the Business and Professions Code is amended to read:

There is in the Department of Consumer Affairs the Board of Registered Nursing consisting of nine members.

2701.
 Within the meaning of this chapter, board, or the board, “board” refers to the Board of Registered Nursing department. Any reference in state law or regulation to the Board of Registered Nursing or Board of Nurse Examiners of the State of California or California Board of Nursing Education and Nurse Registration shall be construed to refer to the Board of Registered Nursing department.
This section shall become inoperative on July 1, 2010, and, as of January 1, 2011, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2011, deletes or extends the dates on which it becomes inoperative and is repealed. The repeal of this section renders the board this chapter subject to the review required by Division 1.2 (commencing with Section 473).

SEC. 119.

  Section 2702 of the Business and Professions Code is repealed.
2702.

Each member of the board shall be a citizen of the United States and a resident of the State of California. Four members shall represent the public at large, and shall not be licensed under any board under this division or any board referred to in Section 1000 or 3600 and shall have no pecuniary interests in the provision of health care services. Two members shall be licensed registered nurses under the provisions of this chapter, each of whom shall be active in the practice of his or her profession engaged primarily in direct patient care with at least five continuous years of experience, and who shall not be engaged as an educator or administrator of a nursing education program under the provisions of this chapter. One member shall be a licensed registered nurse who shall be active as an advanced practice registered nurse as defined in Section 2725.5. One member shall be a licensed registered nurse under the provisions of this chapter who shall be active as an educator or administrator in an approved program to train registered nurses. One member shall be a licensed registered nurse who is an administrator of a nursing service with at least five continuous years of experience.

SEC. 120.

  Section 2703 of the Business and Professions Code is repealed.
2703.

All appointments shall be for a term of four years and vacancies shall be filled for the unexpired term. No person shall serve more than two consecutive terms.

The Governor shall appoint two of the public members and the licensed members of the board qualified as provided in Section 2702. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member.

SEC. 121.

  Section 2706 of the Business and Professions Code is repealed.
2706.

The Governor has the power to remove any member of the board from office for neglect of any duty required by law, or for incompetency, or unprofessional or dishonorable conduct.

SEC. 122.

  Section 2707 of the Business and Professions Code is repealed.
2707.

The board shall annually elect from its members a president, vice president, and any other officers as it may deem necessary. The officers of the board shall hold their respective positions during its pleasure.

SEC. 123.

  Section 2708 of the Business and Professions Code is repealed.
2708.

The board shall appoint an executive officer who shall perform the duties delegated by the board and who shall be responsible to it for the accomplishment of those duties.

The executive officer shall be a nurse currently licensed under this chapter and shall possess other qualifications as determined by the board.

The executive officer shall not be a member of the board.

This section shall become inoperative on July 1, 2010, and, as of January 1, 2011, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2011, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 124.

  Section 2708.1 of the Business and Professions Code is amended to read:

2708.1.
 Protection of the public shall be the highest priority for the Board of Registered Nursing department in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

SEC. 125.

  Section 2709 of the Business and Professions Code is repealed.
2709.

The board for the purpose of transacting its business shall meet at least once every three months, at times and places it designates by resolution.

SEC. 126.

  Section 2709.5 of the Business and Professions Code is amended to read:

2709.5.
 The board department shall accept in payment of any fee required by this chapter cash or any customary or generally accepted medium of exchange, including check, cashier’s check, certified check or money order. For the purposes of this section, customary or generally accepted medium of exchange does not include postage stamps.

SEC. 127.

  Section 2710 of the Business and Professions Code is repealed.
2710.

Special meetings may be held at such times as the board may elect, or on the call of the president of the board, or of not less than three members thereof.

A written notice of the time, place and object of any special meeting shall be mailed by the executive officer to all members of the board who are not parties to the call, at least fifteen days before the day of the meeting.

SEC. 128.

  Section 2710.5 of the Business and Professions Code is amended to read:

2710.5.
 The board, with permission of the Director of the Department of Consumer Affairs, department may form advisory committees to advise the board department on the implementation of this chapter. Members of such advisory committees shall be entitled to a per diem and expenses as provided in Section 103.

SEC. 129.

  Section 2712 of the Business and Professions Code is repealed.
2712.

Five members of the board constitute a quorum for the transaction of business at any meeting.

SEC. 130.

  Section 2713 of the Business and Professions Code is amended to read:

2713.
 The board department shall keep a record of all its proceedings, including a register of all applicants for licenses under this chapter and the action of the board department upon each application.

SEC. 131.

  Section 2714 of the Business and Professions Code is repealed.
2714.

The office of the board shall be in the city of Sacramento. Suboffices may be established in Los Angeles and San Francisco and such records as may be necessary may be transferred temporarily to them. Legal proceedings against the board may be instituted in any county in which any of the three cities above mentioned is located.

SEC. 132.

  Section 2715 of the Business and Professions Code is amended to read:

2715.
 The board department shall prosecute all persons guilty of violating the provisions of this chapter.
Except as provided by Section 159.5, the board department, in accordance with the provisions of the Civil Service Law, may employ such personnel as it deems necessary to carry into effect the provisions of this chapter.
The board shall have and use a seal bearing the name “Board of Registered Nursing.” The board department may adopt, amend, or repeal, in accordance with the provisions of Chapter 4.5 (commencing with Section 11371), of Part 1, of Division 3, of Title 2 of the Government Code, such rules and regulations as may be reasonably necessary to enable it to carry into effect the provisions of this chapter.

SEC. 133.

  Section 2716 of the Business and Professions Code is repealed.
2716.

Each member of the board shall receive a per diem and expenses as provided in Section 103.

SEC. 134.

  Section 2717 of the Business and Professions Code is amended to read:

2717.
 (a) The board department shall collect and analyze workforce data from its licensees for future workforce planning. The board department may collect the data at the time of license renewal or from a scientifically selected random sample of its licensees. The board department shall produce reports on the workforce data it collects, at a minimum, on a biennial basis. The board department shall maintain the confidentiality of the information it receives from licensees under this section and shall only release information in an aggregate form that cannot be used to identify an individual. The workforce data collected by the board department shall include, at a minimum, employment information such as hours of work, number of positions held, time spent in direct patient care, clinical practice area, type of employer, and work location. The data shall also include future work intentions, reasons for leaving or reentering nursing, job satisfaction ratings, and demographic data.
(b) Aggregate information collected pursuant to this section shall be placed on the board’s department’s Internet Web site.
(c) The board department is authorized to expend the sum of one hundred forty-five thousand dollars ($145,000) from the Board of Registered Nursing Fund in the Professions and Vocations Fund for the purpose of implementing this section.
(d) This section shall be implemented by the board department on or before July 1, 2003.

SEC. 135.

  Section 2841 of the Business and Professions Code is amended to read:

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.

2841.
 Within the meaning of this chapter, board, or the board, “board” refers to the Board of Vocational Nursing and Psychiatric Technicians of the State of California department. The department shall succeed to, and be vested with, all of the powers, duties, responsibilities, obligations, liabilities, and jurisdiction of the board.
This section shall become inoperative on July 1, 2008, and, as of January 1, 2009, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2009, deletes or extends the dates on which it becomes inoperative and is repealed. The repeal of this section renders the board this chapter subject to the review required by Division 1.2 (commencing with Section 473).

SEC. 136.

  Section 2841.1 of the Business and Professions Code is amended to read:

2841.1.
 Protection of the public shall be the highest priority for the Board of Vocational Nursing and Psychiatric Technicians of the State of California department in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

SEC. 137.

  Section 2842 of the Business and Professions Code is repealed.
2842.

(a)Each member of the board shall be a citizen of the United States and a resident of the State of California. The board shall have the following composition:

(1)Two members shall be duly licensed vocational nurses who have been licensed for a period of not less than three years prior to appointment.

(2)Two members shall be licensed psychiatric technicians, each of whom shall have had not less than five years’ experience in a psychiatric hospital, or in a psychiatric unit of a hospital licensed by the State Department of Health Services, or a private institution licensed by the State Department of Health Services.

(3)One member shall be a licensed vocational nurse or registered nurse who shall have had not less than five years’ experience as a teacher or administrator in an accredited school of vocational nursing.

(4)Six members shall be public members who are not licentiates of the board or any other board under this division or of any board referred to in Sections 1000 and 3600.

(b)No person may serve as a member of the board for more than two consecutive terms.

(c)Per diem and expenses of members of the board who are licensed psychiatric technicians shall be paid solely from revenues received pursuant to Chapter 10 (commencing with Section 4500) of Division 2.

SEC. 138.

  Section 2843 of the Business and Professions Code is repealed.
2843.

Members of the board shall be appointed for a term of four years. Vacancies occurring shall be filled by appointment for the unexpired term.

Appointments to the office shall be for a term of four years expiring on June 1st.

The Governor shall appoint four of the public members and the licensed members of the board qualified as provided in Section 2842. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member, and their initial appointment shall be made to fill, respectively, the first and second public member vacancies which occur on or after January 1, 1983.

SEC. 139.

  Section 2845 of the Business and Professions Code is repealed.
2845.

The Governor has the power to remove any member of the board from office for neglect of any duty required by law, or for incompetency, or unprofessional or dishonorable conduct.

SEC. 140.

  Section 2846 of the Business and Professions Code is repealed.
2846.

The board at its first meeting after appointment, and annually thereafter at its first meeting in each year, shall elect from its members a president, vice president, and such other officers as it may deem necessary. The officers of the board shall hold their respective positions during its pleasure.

SEC. 141.

  Section 2847 of the Business and Professions Code is repealed.
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 some duly authorized person, that the expenses have been actually incurred.

(e)This section shall become inoperative on July 1, 2008, and, as of January 1, 2009, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2009, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 142.

  Section 2848 of the Business and Professions Code is repealed.
2848.

The board for the purpose of transacting its business shall meet at least twice each year, at times and places it designates by resolution.

SEC. 143.

  Section 2849 of the Business and Professions Code is repealed.
2849.

Special meetings may be held at such times as the board may elect, or on the call of the president of the board, or of not less than five members thereof.

A written notice of the time, place, and object of any special meeting shall be mailed by the executive officer to all members of the board who are not parties to the call, at least 15 days before the day of the meeting.

SEC. 144.

  Section 2850 of the Business and Professions Code is repealed.
2850.

Meetings may be held at any time and place by the written consent of all members of the board.

SEC. 145.

  Section 2851 of the Business and Professions Code is repealed.
2851.

Six members of the board constitute a quorum for transaction of business at any meeting.

SEC. 146.

  Section 2852 of the Business and Professions Code is repealed.
2852.

The board shall keep a record of all its proceedings, including a register of all applicants for licenses under this chapter and the action of the board upon each application.

SEC. 147.

  Section 2853 of the Business and Professions Code is repealed.
2853.

The office of the board shall be in the City of Sacramento. Suboffices may be established in Los Angeles and San Francisco and such records as may be necessary may be transferred temporarily to them. Legal proceedings against the board may be instituted in any county in which any of the three cities above mentioned is located.

SEC. 148.

  Section 2854 of the Business and Professions Code is amended to read:

2854.
 The board department shall prosecute all persons guilty of violating the provisions of this chapter.
It may employ such clerical assistance as it may deem necessary to carry into effect the provisions of this chapter. The board department may fix the compensation to be paid for such services and may incur such other expenses as it may deem necessary.
The board department may adopt, amend, or repeal such rules and regulations as may be reasonably necessary to enable it to carry into effect the provisions of this chapter. Such rules and regulations shall be adopted in accordance with the provisions of the Administrative Procedure Act.

SEC. 149.

  Section 2855 of the Business and Professions Code is repealed.
2855.

Each member of the board shall receive a per diem and expenses as provided in Section 103.

SEC. 150.

  Section 2857 of the Business and Professions Code is amended to read:

2857.
 The board department shall issue a license designated as licensed vocational nurse license.

SEC. 151.

  Section 2858 of the Business and Professions Code is amended to read:

2858.
 The board department shall accept in payment of any fee required by this chapter cash or any customary or generally accepted medium of exchange, including check, cashier’s check, certified check, or postal money order. For the purposes of this section, customary or generally accepted medium of exchange does not include postage stamps.

SEC. 152.

  Section 2878.1 of the Business and Professions Code is amended to read:

2878.1.
 (a) If a licensed vocational nurse has knowledge that another person has committed any act prohibited by Section 2878, the licensed vocational nurse shall report this information to the board department in writing and shall cooperate with the board department in furnishing information or assistance as may be required.
(b) Any employer of a licensed vocational nurse shall report to the board department the suspension or termination for cause of any licensed vocational nurse in its employ. In the case of licensed vocational nurses employed by the state, the report shall not be made until after the conclusion of the review process specified in Section 52.3 of the California Code of Regulations and Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194. This required reporting shall not constitute a waiver of confidentiality of medical records. The information reported or disclosed shall be kept confidential except as provided in subdivision (c) of Section 800 of the Business and Professions Code and shall not be subject to discovery in civil cases.
(c) For purposes of the section, “suspension or termination for cause” is defined as suspension or termination from employment for any of the following reasons:
(1) Use of controlled substances or alcohol to the extent that it impairs the licensee’s ability to safely practice vocational nursing.
(2) Unlawful sale of a controlled substance or other prescription items.
(3) Patient or client abuse, neglect, physical harm, or sexual contact with a patient or client.
(4) Falsification of medical records.
(5) Gross negligence or incompetence.
(6) Theft from patients or clients, other employees, or the employer.
(d) Failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.
(e) Pursuant to Section 43.8 of the Civil Code, no person shall incur any civil penalty as a result of making any report required by this chapter.
(f) The board department shall implement this section contingent upon the necessary funding in the annual Budget Act.

SEC. 153.

  Section 2895.5 of the Business and Professions Code is amended to read:

2895.5.
 As provided in subdivision (d) of Section 2895, the Board of Vocational Nursing and Psychiatric Technicians department shall collect an additional five dollar ($5) assessment at the time of the biennial licensure renewal. This amount shall be credited to the Vocational Nurses Education Fund. This assessment is separate from those fees prescribed in Section 2895.

SEC. 154.

  Section 2902 of the Business and Professions Code is amended to read:

2902.
 As used in this chapter, unless the context clearly requires otherwise and except as in this chapter expressly otherwise provided the following definitions apply:
(a) “Licensed psychologist” means an individual to whom a license has been issued pursuant to the provisions of this chapter, which license is in force and has not been suspended or revoked.
(b) “Board” means the Board or “Board of Psychology Psychology” shall mean the Department of Consumer Affairs.
(c) A person represents himself or herself to be a psychologist when the person holds himself or herself out to the public by any title or description of services incorporating the words “psychology,” “psychological,” “psychologist,” “psychology consultation,” “psychology consultant,” “psychometry,” “psychometrics” or “psychometrist,” “psychotherapy,” “psychotherapist,” “psychoanalysis,” or “psychoanalyst,” or when the person holds himself or herself out to be trained, experienced, or an expert in the field of psychology.
(d) “Accredited,” as used with reference to academic institutions, means the University of California, the California State University, or an institution that is accredited by a national or an applicable regional accrediting agency recognized by the United States Department of Education.
(e) “Approved,” as used with reference to academic institutions, means an institution having “approval to operate”, as defined in Section 94718 of the Education Code.

SEC. 155.

  Section 2915.5 of the Business and Professions Code is amended to read:

2915.5.
 (a) Any applicant for licensure as a psychologist who began graduate study on or after January 1, 2004, shall complete, as a condition of licensure, a minimum of 10 contact hours of coursework in aging and long-term care, which could include, but is not limited to, the biological, social, and psychological aspects of aging.
(b) Coursework taken in fulfillment of other educational requirements for licensure pursuant to this chapter, or in a separate course of study, may, at the discretion of the board department, fulfill the requirements of this section.
(c) In order to satisfy the coursework requirement of this section, the applicant shall submit to the board department a certification from the chief academic officer of the educational institution from which the applicant graduated stating that the coursework required by this section is included within the institution’s required curriculum for graduation, or within the coursework, that was completed by the applicant.
(d) The board department shall not issue a license to the applicant until the applicant has met the requirements of this section.

SEC. 156.

  Section 2915.7 of the Business and Professions Code is amended to read:

2915.7.
 (a) A licensee who began graduate study prior to January 1, 2004, shall complete a three-hour continuing education course in aging and long-term care during his or her first renewal period after the operative date of this section, and shall submit to the board department evidence acceptable to the board department of the person’s satisfactory completion of that course.
(b) The course should include, but is not limited to, the biological, social, and psychological aspects of aging.
(c) Any person seeking to meet the requirements of subdivision (a) of this section may submit to the board department a certificate evidencing completion of equivalent courses in aging and long-term care taken prior to the operative date of this section, or proof of equivalent teaching or practice experience. The board department, in its discretion, may accept that certification as meeting the requirements of this section.
(d) The board department may not renew an applicant’s license until the applicant has met the requirements of this section.
(e) A licensee whose practice does not include the direct provision of mental health services may apply to the board department for an exception to the requirements of this section.
(f) This section shall become operative on January 1, 2005.

SEC. 157.

  Section 2920 of the Business and Professions Code is amended to read:

2920.
 The Board of Psychology department shall enforce and administer this chapter. The board shall consist of nine members, four of whom shall be public members.
This section shall become inoperative on July 1, 2009, and, as of January 1, 2010, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2010, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 158.

  Section 2920.1 of the Business and Professions Code is amended to read:

2920.1.
 Protection of the public shall be the highest priority for the Board of Psychology department in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

SEC. 159.

  Section 2921 of the Business and Professions Code is repealed.
2921.

Each member of the board shall hold office for a term of four years, and shall serve until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which he or she was appointed, whichever first occurs. No member may serve for more than two consecutive terms.

SEC. 160.

  Section 2922 of the Business and Professions Code is repealed.
2922.

In appointing the members of the board, except the public members, the Governor shall use his or her judgment to select psychologists who represent, as widely as possible, the varied professional interests of psychologists in California.

The Governor shall appoint two of the public members and the five licensed members of the board qualified as provided in Section 2923. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member, and their initial appointment shall be made to fill, respectively, the first and second public member vacancies which occur on or after January 1, 1983.

SEC. 161.

  Section 2923 of the Business and Professions Code is repealed.
2923.

Each member of the board shall have all of the following qualifications:

(a)He or she shall be a resident of this state.

(b)Each member appointed, except the public members shall be a licensed psychologist.

The public members shall not be licentiates of the board or of any board under this division or of any board referred to in the Chiropractic Act or the Osteopathic Act.

SEC. 162.

  Section 2924 of the Business and Professions Code is repealed.
2924.

The Governor has power to remove from office any member of the board for neglect of any duty required by this chapter, for incompetency, or for unprofessional conduct.

SEC. 163.

  Section 2925 of the Business and Professions Code is repealed.
2925.

The board shall elect annually a president and vice president from among its members.

SEC. 164.

  Section 2926 of the Business and Professions Code is repealed.
2926.

The board shall hold at least one regular meeting each year. Additional meetings may be held upon call of the chairman or at the written request of any two members of the board.

SEC. 165.

  Section 2927 of the Business and Professions Code is repealed.
2927.

Five members of the board shall at all times constitute a quorum.

SEC. 166.

  Section 2927.5 of the Business and Professions Code is repealed.
2927.5.

Notice of each regular meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

SEC. 167.

  Section 2928 of the Business and Professions Code is repealed.
2928.

The board shall administer and enforce this chapter.

SEC. 168.

  Section 2929 of the Business and Professions Code is repealed.
2929.

The board shall adopt a seal, which shall be affixed to all licenses issued by the board.

SEC. 169.

  Section 2930 of the Business and Professions Code is amended to read:

2930.
 The board department shall from time to time adopt rules and regulations as may be necessary to effectuate this chapter. In adopting rules and regulations the board department shall comply with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

SEC. 170.

  Section 2930.5 of the Business and Professions Code is amended to read:

2930.5.
 (a) Any psychologist, who as a sole proprietor, or in a partnership, group, or professional corporation, desires to practice under any name that would otherwise be a violation of subdivision (r) of Section 2960 may practice under that name if the proprietor, partnership, group, or corporation obtains and maintains in current status a fictitious-name permit issued by the committee department under this section.
(b) The committee department shall issue a fictitious-name permit authorizing the holder thereof to use the name specified in the permit in connection with his, her, or its practice if the committee department finds to its satisfaction that:
(1) The applicant or applicants or shareholders of the professional corporation hold valid and current licenses and no charges of unprofessional conduct are pending against any such licensed person.
(2) The place, or portion thereof, in which the applicant’s or applicants’ practice, is owned or leased by the applicant or applicants.
(3) The professional practice of the applicant or applicants is wholly owned and entirely controlled by the applicant or applicants.
(4) The name under which the applicant or applicants propose to practice contains one of the following designations: “psychology group” or “psychology clinic.”
(c) Fictitious-name permits issued by the committee department shall be subject to Article 7 (commencing with Section 2980) pertaining to renewal of licenses.
(d) The committee department may revoke or suspend any permit issued if it finds that the holder or holders of the permit are not in compliance with this section or any regulations adopted pursuant to this section. A proceeding to revoke or suspend a fictitious-name permit shall be conducted in accordance with Section 2965.
(e) The committee department may also proceed to revoke the fictitious-name permit of a licensee whose license has been revoked, but no proceeding may be commenced unless and until the charges of unprofessional conduct against the licensee have resulted in revocation of the license.

(f)The committee may delegate to the executive director, or to another official of the board, its authority to review and approve applications for fictitious-name permits and to issue those permits.

SEC. 171.

  Section 2931 of the Business and Professions Code is amended to read:

2931.
 The board department shall examine and pass upon the qualifications of the applicants for a license as provided by this chapter.

SEC. 172.

  Section 2933 of the Business and Professions Code is amended to read:

2933.
 Except as provided by Section 159.5, the board department shall employ and shall make available to the board , within the limits of the funds received by the board it receives, all personnel necessary to carry out this chapter. The board may employ, exempt from the State Civil Service Act, an executive officer to the Board of Psychology. The board department shall make all expenditures to carry out this chapter. The board department may accept contributions to effectuate the purposes of this chapter.
This section shall become inoperative on July 1, 2009, and, as of January 1, 2010, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2010, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 173.

  Section 2934 of the Business and Professions Code is amended to read:

2934.
 Notwithstanding Section 112, the board department may issue, biennially, a current geographical directory of licensed psychologists. The directory may be sent to licensees and to other interested parties at cost.

SEC. 174.

  Section 2935 of the Business and Professions Code is repealed.
2935.

Each member of the board shall receive a per diem and expenses as provided in Section 103.

SEC. 175.

  Section 2936 of the Business and Professions Code is amended to read:

2936.
 The board department shall adopt a program of consumer and professional education in matters relevant to the ethical practice of psychology. The board department shall establish as its standards of ethical conduct relating to the practice of psychology, the “Ethical Principles and Code of Conduct” published by the American Psychological Association (APA). Those standards shall be applied by the board department as the accepted standard of care in all licensing examination development and in all board department enforcement policies and disciplinary case evaluations.
To facilitate consumers in receiving appropriate psychological services, all licensees and registrants shall be required to post, in a conspicuous location in their principal psychological business office, a notice which reads as follows:
“NOTICE TO CONSUMERS: The Department of Consumer Affair’s Board of Psychology Affairs receives and responds to questions and complaints regarding the practice of psychology. If you have questions or complaints, you may contact the board department on the Internet at www.psychboard.ca.gov www.dca.ca.gov, by calling 1-866-503-3221, or by writing to the following address:
Board of Psychology Department of Consumer Affairs
1422 Howe Avenue, Suite 22
Sacramento, California 95825-3236”

SEC. 176.

  Section 2987.2 of the Business and Professions Code is amended to read:

2987.2.
 In addition to the fees charged pursuant to Section 2987 for the biennial renewal of a license, the board department shall collect an additional fee of ten dollars ($10) at the time of renewal. The board department shall transfer this amount to the Controller who shall deposit the funds in the Mental Health Practitioner Education Fund.

SEC. 177.

  Section 2987.3 of the Business and Professions Code is amended to read:

2987.3.
 The following fees apply to fictitious-name permits issued under Section 2930.5.
(a) The initial permit fee is an amount equal to the renewal fee in effect at the beginning of the current renewal cycle. If the permit will expire less than one year after its issuance, then the initial permit fee is an amount equal to 50 percent of the fee in effect at the beginning of the current renewal cycle.
(b) The biennial renewal fee shall be fixed by the committee department at an amount not to exceed fifty dollars ($50). The amount of this fee shall not exceed the actual cost of issuing a fictitious-name permit.
(c) The deliquency delinquency fee is twenty dollars ($20).

SEC. 178.

  Section 3004 of the Business and Professions Code is amended to read:

3004.
 As used in this chapter, “board” means the State Board of Optometry Department of Consumer Affairs.

SEC. 179.

  Section 3010.1 of the Business and Professions Code is amended to read:

3010.1.
 Protection of the public shall be the highest priority for the State Board of Optometry department in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

SEC. 180.

  Section 3010.5 of the Business and Professions Code is repealed.
3010.5.

(a)There is in the Department of Consumer Affairs a State Board of Optometry in which the enforcement of this chapter is vested. The board consists of 11 members, five of whom shall be public members.

Six members of the board shall constitute a quorum.

(b)The board shall, with respect to conducting investigations, inquiries, and disciplinary actions and proceedings, have the authority previously vested in the board as created pursuant to Section 3010. The board may enforce any disciplinary actions undertaken by that board.

(c)This section shall remain in effect only until July 1, 2010, and, as of January 1, 2011, is repealed, unless a later enacted statute, that is enacted before January 1, 2011, deletes or extends that date.

SEC. 181.

  Section 3011 of the Business and Professions Code is repealed.
3011.

Members of the board, except the public members, shall be appointed only from persons who are registered optometrists of the State of California and actually engaged in the practice of optometry at the time of appointment or who are members of the faculty of a school of optometry. The public members shall not be a licentiate of the board or of any other board under this division or of any board referred to in Sections 1000 and 3600.

No person, including the public members, shall be eligible to membership in the board who is a stockholder in or owner of or a member of the board of trustees of any school of optometry or who shall be financially interested, directly or indirectly, in any concern manufacturing or dealing in optical supplies at wholesale.

No person, including the public members, shall serve as a member of the board for more than two consecutive terms.

A member of the faculty of a school of optometry may be appointed to the board; however, no more than two faculty members of schools of optometry may be on the board at any one time. Faculty members of the board shall not serve as public members.

SEC. 182.

  Section 3013 of the Business and Professions Code is repealed.
3013.

(a)Each member of the board shall hold office for a term of four years, and shall serve until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which he or she was appointed, whichever first occurs.

(b)Vacancies occurring shall be filled by appointment for the unexpired term.

(c)The Governor shall appoint three of the public members and the six members qualified as provided in Section 3011. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member.

(d)No board member serving between January 1, 2000, and June 1, 2002, inclusive, shall be eligible for reappointment.

(e)For initial appointments made on or after January 1, 2003, one of the public members appointed by the Governor and two of the professional members shall serve terms of one year. One of the public members appointed by the Governor and two of the professional members shall serve terms of three years. The remaining public member appointed by the Governor and the remaining two professional members shall serve terms of four years. The public members appointed by the Senate Committee on Rules and the Speaker of the Assembly shall each serve for a term of four years.

SEC. 183.

  Section 3014 of the Business and Professions Code is repealed.
3014.

The board shall elect from its membership a president, a vice president, and a secretary who shall hold office for one year or until the election and qualification of a successor.

SEC. 184.

  Section 3014.6 of the Business and Professions Code is repealed.
3014.6.

(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 become inoperative on July 1, 2010, and, as of January 1, 2011, is repealed, unless a later enacted statute, that is enacted before January 1, 2011, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 185.

  Section 3016 of the Business and Professions Code is repealed.
3016.

Each member of the board shall receive a per diem and expenses as provided in Section 103.

SEC. 186.

  Section 3017 of the Business and Professions Code is repealed.
3017.

The board shall hold regular meetings every calendar quarter.

Special meetings shall be held upon request of a majority of the members of the board or upon the call of the president.

SEC. 187.

  Section 3018 of the Business and Professions Code is amended to read:

3018.
 The board department shall keep an accurate record of all of its licensees, and proceedings, and meetings.

SEC. 188.

  Section 3019 of the Business and Professions Code is amended to read:

3019.
 The board department shall keep a record of all prosecutions for violations of this chapter and of all applications for licensure and examination.

SEC. 189.

  Section 3023 of the Business and Professions Code is amended to read:

3023.
 For the purposes of this chapter, the board department shall accredit schools, colleges, and universities in or out of this state providing optometric education, that it finds giving a sufficient program of study for the preparation of optometrists.

SEC. 190.

  Section 3024 of the Business and Professions Code is amended to read:

3024.
 The board department may grant or refuse to grant certificates of registration as provided in this chapter and may revoke or suspend the certificate of registration of any optometrist for any of the causes specified in this chapter.
It shall have the power to administer oaths and to take testimony in the exercise of these functions.

SEC. 191.

  Section 3025 of the Business and Professions Code is amended to read:

3025.
 The board department may make and promulgate rules and regulations governing its procedure of the board, the admission of applicants for examination for certificates of registration as optometrists, and the practice of optometry. All such rules and regulations shall be in accordance with and not inconsistent with the provisions of this chapter. Such rules and regulations shall be adopted, amended, or repealed in accordance with the provisions of the Administrative Procedure Act.

SEC. 192.

  Section 3025.1 of the Business and Professions Code is amended to read:

3025.1.
 The board department may adopt rules and regulations that are, in its judgment, reasonable and necessary to ensure that optometrists have the knowledge to adequately protect the public health and safety by establishing educational requirements for admission to the examination for licensure.

SEC. 193.

  Section 3025.2 of the Business and Professions Code is amended to read:

3025.2.
 The board department may adopt rules and regulations that are, in its judgment, reasonable and necessary to ensure that optometrists have the knowledge to adequately protect the public health and safety by governing its accreditation of schools, colleges, and universities that provide optometric education. In promulgating these rules and regulations, or in extending accreditation, the board department may, to the extent that it deems consistent with the purposes of this chapter, recognize, accept, or adopt the advice, recommendation, accreditation, or approval of a nationally recognized accrediting agency or organization.

SEC. 194.

  Section 3025.5 of the Business and Professions Code is amended to read:

3025.5.
 The board department may adopt regulations prescribing minimum standards governing the optometric services offered or performed, the equipment, or the sanitary conditions, in all offices for the practice of optometry, which are necessary to protect the health and safety of persons availing themselves of the services offered or performed in such offices.

SEC. 195.

  Section 3025.6 of the Business and Professions Code is amended to read:

3025.6.
 The board department may adopt regulations clarifying the level of training and the level of supervision of assistants.

SEC. 196.

  Section 3026 of the Business and Professions Code is amended to read:

3026.
 The board department may adopt and use a common seal and establish a permanent office or offices.

SEC. 197.

  Section 3027 of the Business and Professions Code is amended to read:

3027.
 The board department shall employ an executive officer and other necessary assistance in the carrying out of the provisions of this chapter.
The executive officer shall perform the duties delegated by the board department and shall be responsible to it for the accomplishment of those duties. The executive officer shall not be a member of the board. With the approval of the Director of Finance, the board department shall fix the salary of the executive officer. The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties.

SEC. 198.

  Section 3028 of the Business and Professions Code is amended to read:

3028.
 The Attorney General shall act as the legal counsel for the board department and his or her services shall be a charge against it.

SEC. 199.

  Section 3055 of the Business and Professions Code is amended to read:

3055.
 The board department shall issue a license to an applicant who meets the requirements of this chapter, including the payment of the prescribed licensure, certification, or renewal fee, and who meets any other requirement in accordance with state law. A license or certificate issued under the chapter shall be subject to renewal as prescribed by the board department and shall expire unless renewed in that manner. The board department may provide for the late renewal of a license or certificate as provided for in Section 163.5.

SEC. 200.

  Section 3075 of the Business and Professions Code is amended to read:

3075.
 An optometrist shall post in each location where he or she practices optometry, in an area that is likely to be seen by all patients who use the office, his or her current license or other evidence of current license status issued by the board department. The board department may charge a fee as specified in Section 3152 for each issuance of evidence of current licensure.

SEC. 201.

  Section 3300 of the Business and Professions Code is amended to read:

3300.
 For the purposes of this chapter, the following definitions shall apply:
(a) “Person” includes any individual, partnership, corporation, limited liability company, or other organization, or any combination thereof.
(b) “Advertise” and its variants include the use of a newspaper, magazine, or other publication, book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, tag, window display, store sign, radio, or television announcement, or any other means or methods now or hereafter employed to bring to the attention of the public the practice of fitting or selling of hearing aids.
(c) “Department” means the Department of Consumer Affairs.
(d) “Bureau” means the Hearing Aid Dispensers Bureau.

(e)“Advisory committee” or “committee” means the Hearing Aid Dispensers Advisory Committee.

(f)

(e)  “License” includes a temporary license.

(g)

(f)  “Licensee” means a person holding a license.

(h)

(g)  “Hearing aid” means any wearable instrument or device designed for, or offered for the purpose of, aiding or compensating for impaired human hearing.

(i)

(h)   “Director” means the Director of Consumer Affairs.

(j)

(i)  “Chief” means the Chief of the Hearing Aid Dispensers Bureau.

SEC. 202.

  Section 3321 of the Business and Professions Code is repealed.
3321.

(a)There is within the bureau a Hearing Aid Dispensers Advisory Committee. The committee shall consist of seven members; three of whom shall be licensed hearing aid dispensers and four of whom shall be public members. Only one of the licensed members may also be licensed as an audiologist.

(b)Each member of the committee shall hold office for a term of four years. Each member shall hold office until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which he or she was appointed, whichever first occurs.

(c)Vacancies occurring shall be filled by appointment for the unexpired term. Each member of the committee shall be eligible for reappointment in the discretion of the appointing power, provided that reappointed members shall, at the time of the reappointment, hold a valid license under this chapter. No person may serve as a member of the committee for more than two consecutive terms.

(d)The Governor shall appoint two of the public members and the three licensees. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member. When appointing the public members, consideration shall be given to appointing a hearing-impaired individual.

(e)Every member of the committee shall receive per diem and expenses as provided in Section 103 and 113.

(f)The advisory committee shall:

(1)Examine the functions and policies of the bureau and make recommendations with respect to policies, practices, and regulations as may be deemed important and necessary by the director or the chief to promote the interests of consumers or that otherwise promote the welfare of the public.

(2)Consider and make appropriate recommendations to the bureau in all matters relating to hearing aid dispensing in this state.

(3)Provide assistance as may be requested by the bureau in the exercise of its powers or duties.

(g)The bureau shall meet and consult with the committee regarding general policy issues related to hearing aid dispensing.

SEC. 203.

  Section 3325 of the Business and Professions Code is repealed.
3325.

Notice of each meeting of the committee shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Part 1 of Division 3 of Title 2 of the Government Code).

SEC. 204.

  Section 3501 of the Business and Professions Code is amended to read:

3501.
 As used in this chapter:
(a) “Board” means the Division of Licensing of the Medical Board of California Department of Consumer Affairs.
(b) “Approved program” means a program for the education of physician assistants which has been formally approved by the committee department.
(c) “Trainee” means a person who is currently enrolled in an approved program.
(d) “Physician assistant” means a person who meets the requirements of this chapter and is licensed by the committee department.
(e) “Supervising physician” means a physician and surgeon licensed by the board department or by the Osteopathic Medical Board of California who supervises one or more physician assistants, who possesses a current valid license to practice medicine, and who is not currently on disciplinary probation for improper use of a physician assistant.
(f) “Supervision” means that a licensed physician and surgeon oversees the activities of, and accepts responsibility for, the medical services rendered by a physician assistant.
(g) “Committee” or “examining committee” means the Physician Assistant Committee Department of Consumer Affairs.
(h) “Regulations” means the rules and regulations as contained in Chapter 13.8 (commencing with Section 1399.500) of Title 16 of the California Code of Regulations.
(i) “Routine visual screening” means uninvasive nonpharmacological simple testing for visual acuity, visual field defects, color blindness, and depth perception.

SEC. 205.

  Section 3504 of the Business and Professions Code is repealed.
3504.

There is established a Physician Assistant Committee of the Medical Board of California. The committee consists of nine members. This section shall become inoperative on July 1, 2011, and, as of January 1, 2012, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2012, deletes or extends the dates on which it becomes inoperative and is repealed. The repeal of this section renders the committee subject to the review required by Division 1.2 (commencing with Section 473).

SEC. 206.

  Section 3504.1 of the Business and Professions Code is amended to read:

3504.1.
 Protection of the public shall be the highest priority for the Physician Assistant Committee of the Medical Board of California department in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

SEC. 207.

  Section 3505 of the Business and Professions Code is repealed.
3505.

The members of the committee shall include one member of the Medical Board of California, a physician representative of a California medical school, an educator participating in an approved program for the training of physician assistants, a physician who is an approved supervising physician of a physician assistant and who is not a member of any division of the Medical Board of California, three physician assistants, and two public members. Upon the first expiration of the term of the member who is a member of the Medical Board of California, that position shall be filled by a member of the Medical Board of California who is a physician member. Upon the first expiration of the term of the member who is a physician representative of a California medical school, that position shall be filled by a public member. Upon the first expiration of the term of the member who is an educator participating in an approved program for the training of physician assistants, that position shall be filled by a physician assistant. Upon the first expiration of the term of the member who is an approved supervising physician of a physician assistant and not a member of any division of the Medical Board of California, that position shall be filled by a public member. Following the expiration of the terms of the members described above, the committee shall include four physician assistants, one physician who is also a member of the Medical Board of California, and four public members.

Each member of the committee shall hold office for a term of four years expiring on January 1st, and shall serve until the appointment and qualification of a successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs. No member shall serve for more than two consecutive terms. Vacancies shall be filled by appointment for the unexpired terms.

The Governor shall appoint the licensed members qualified as provided in this section and two public members. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member.

SEC. 208.

  Section 3506 of the Business and Professions Code is repealed.
3506.

Each member of the committee shall receive a per diem and expenses as provided in Section 103.

SEC. 209.

  Section 3507 of the Business and Professions Code is repealed.
3507.

The appointing power has power to remove from office any member of the committee, as provided in Section 106.

SEC. 210.

  Section 3508 of the Business and Professions Code is repealed.
3508.

(a)The committee may convene from time to time as deemed necessary by the committee.

(b)Notice of each meeting of the committee shall be given at least two weeks in advance to those persons and organizations who express an interest in receiving notification.

(c)The committee shall receive permission of the director to meet more than six times annually. The director shall approve meetings that are necessary for the committee to fulfill its legal responsibilities.

SEC. 211.

  Section 3509 of the Business and Professions Code is amended to read:

3509.
 It shall be the duty of the committee department to:
(a) Establish standards and issue licenses of approval for programs for the education and training of physician assistants.
(b)  Make recommendations to the board concerning the Determine the scope of practice for physician assistants.
(c)  Make recommendations to the board concerning the formulation of Formulate guidelines for the consideration of applications by licensed physicians to supervise physician assistants and approval of such applications.
(d) Require the examination of applicants for licensure as a physician assistant who meet the requirements of this chapter.

SEC. 212.

  Section 3509.5 of the Business and Professions Code is repealed.
3509.5.

The committee shall elect annually a chairperson and a vice chairperson from among its members.

SEC. 213.

  Section 3510 of the Business and Professions Code is amended to read:

3510.
 The committee department may adopt, amend, and repeal regulations as may be necessary to enable it to carry into effect the provisions of this chapter; provided, however, that the board shall adopt, amend, and repeal such regulations as may be necessary to enable it to implement the provisions of this chapter under its jurisdiction. All regulations shall be in accordance with, and not inconsistent with, the provisions of this chapter. Such regulations shall be adopted, amended, or repealed in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

SEC. 214.

  Section 3511 of the Business and Professions Code is repealed.
3511.

Five members shall constitute a quorum for transacting any business. The affirmative vote of a majority of those present at a meeting of the committee shall be required to carry any motion.

SEC. 215.

  Section 3512 of the Business and Professions Code is amended to read:

3512.
 (a) Except as provided in Sections 159.5 and 2020, the committee department shall employ within the limits of the Physician Assistant Fund all personnel necessary to carry out the provisions of this chapter including an executive officer who shall be exempt from civil service. The board and committee department shall make all necessary expenditures to carry out the provisions of this chapter from the funds established by Section 3520. The committee department may accept contributions to effect the purposes of this chapter.
(b) This section shall become inoperative on July 1, 2011, and, as of January 1, 2012, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2012, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 216.

  Section 3519.5 of the Business and Professions Code is amended to read:

3519.5.
 (a) The committee department may issue under the name of the board a probationary license to an applicant subject to terms and conditions, including, but not limited to, any of the following conditions of probation:
(1) Practice limited to a supervised, structured environment where the applicant’s activities shall be supervised by another physician assistant.
(2) Total or partial restrictions on issuing a drug order for controlled substances.
(3) Continuing medical or psychiatric treatment.
(4) Ongoing participation in a specified rehabilitation program.
(5) Enrollment and successful completion of a clinical training program.
(6) Abstention from the use of alcohol or drugs.
(7) Restrictions against engaging in certain types of medical services.
(8) Compliance with all provisions of this chapter.
(b) The committee and the board department may modify or terminate the terms and conditions imposed on the probationary license upon receipt of a petition from the licensee.
(c) Enforcement and monitoring of the probationary conditions shall be under the jurisdiction of the committee and the board department. These proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

SEC. 217.

  Section 3704 of the Business and Professions Code is amended to read:

3704.
  (a)  As used in this chapter, these terms shall be defined as follows:

(a)“Board” means the Respiratory Care Board of California.

(b)

(1)  “Department” means the Department of Consumer Affairs.

(c)

(2)  “Medical director” means a physician and surgeon who is a member of a health care facility’s active medical staff and who is knowledgeable in respiratory care.

(d)

(3)  “Respiratory care” includes “respiratory therapy” or “inhalation therapy,” where those terms mean respiratory care.

(e)

(4)  “Respiratory therapy school” means a program reviewed and approved by the board department.
(b) Any reference in this chapter to the “board” or to the Respiratory Care Board of California, shall mean the Department of Consumer Affairs.

SEC. 218.

  Section 3710 of the Business and Professions Code is amended to read:

3710.
 The Respiratory Care Board of California, hereafter referred to as the board, department shall enforce and administer this chapter.
This section shall become inoperative on July 1, 2010, and, as of January 1, 2011, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2011, deletes or extends the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board this chapter subject to the review required by Division 1.2 (commencing with Section 473).

SEC. 219.

  Section 3710.1 of the Business and Professions Code is amended to read:

3710.1.
 Protection of the public shall be the highest priority for the Respiratory Care Board of California department in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

SEC. 220.

  Section 3711 of the Business and Professions Code is repealed.
3711.

The members of the board shall be the following: one physician and surgeon, four respiratory care practitioners, each of whom shall have practiced respiratory care and four public members who shall not be licensed by the board.

SEC. 221.

  Section 3712 of the Business and Professions Code is repealed.
3712.

The members of the board shall be appointed as follows:

(a)Two respiratory care practitioners and one public member shall be appointed by the Speaker of the Assembly.

(b)One physician and surgeon, one respiratory care practitioner, and one public member shall be appointed by the Senate Rules Committee.

(c)One respiratory care practitioner, and two public members shall be appointed by the Governor.

Appointments shall be made for four-year terms, expiring on the first day of June of each year, and vacancies shall be filled for the unexpired term.

No member shall serve for more than two consecutive terms. Not more than two members of the board shall be appointed from the full-time faculty of any university, college, or other educational institution.

Annually, the board shall elect one of its members as president.

The appointing power shall have the authority to remove any member of the board from office for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct.

SEC. 222.

  Section 3713 of the Business and Professions Code is repealed.
3713.

(a)The public members shall be appointed from persons having the following qualifications:

(1)Be a citizen of the United States of America.

(2)Be a resident of the State of California.

(3)Shall not be an officer or faculty member of any college, school, or institution engaged in respiratory therapy education.

(4)Shall not be licensed by the board or by any board under this division.

(5)Shall have no pecuniary interests in the provision of health care.

(b)The respiratory care practitioner members shall be appointed from persons licensed as respiratory care practitioners having the following qualifications:

(1)Be a citizen of the United States of America.

(2)Be a resident of the State of California.

(3)One respiratory care practitioner shall be an officer or faculty member of any college, school, or institution engaged in respiratory therapy education.

(4)Three respiratory care practitioners shall be involved in direct patient care.

(5)Have at least five years’ experience in respiratory care or respiratory therapy education, and have been actively engaged therein for at least three years immediately preceding appointment.

(c)The physician and surgeon member shall be appointed from persons having the following qualifications:

(1)Be a citizen of the United States of America.

(2)Be a resident of the State of California.

(3)Be a licensed practicing physician and surgeon in the State of California.

(4)Be knowledgeable in respiratory care.

SEC. 223.

  Section 3715 of the Business and Professions Code is repealed.
3715.

Each member of the board shall receive a per diem and expenses as provided in Section 103.

SEC. 224.

  Section 3716 of the Business and Professions Code is amended to read:

3716.
 The board department may employ an executive officer exempt from civil service and, subject to the provisions of law relating to civil service, clerical assistants and, except as provided in Section 159.5, other employees as it may deem necessary to carry out its powers and duties.
This section shall become inoperative on July 1, 2010, and, as of January 1, 2011, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2011, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 225.

  Section 3717 of the Business and Professions Code is amended to read:

3717.
 (a) The board department, or any licensed respiratory care practitioner, enforcement staff, or investigative unit appointed by the board it appoints, may inspect, or require reports from, a general or specialized hospital or any other facility or corporation providing respiratory care, treatment, or services and the respiratory care staff thereof, with respect to the respiratory care, treatment, services, or facilities provided therein, or the employment of staff providing the respiratory care, treatment, or services, and may inspect and copy respiratory care patient records with respect to that care, treatment, services, or facilities. The authority to make inspections and to require reports as provided by this section is subject to the restrictions against disclosure contained in Section 2225. Those persons may also inspect and copy employment records relevant to an official investigation provided that the written request to inspect the records specifies the portion of the records to be inspected.
(b) The failure of an employer to provide documents as required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation. This penalty shall be in addition to, and not in lieu of, any other civil or criminal remedies.

SEC. 226.

  Section 3718 of the Business and Professions Code is amended to read:

3718.
 The board department shall issue, deny, suspend, and revoke licenses to practice respiratory care as provided in this chapter.

SEC. 227.

  Section 3719 of the Business and Professions Code is amended to read:

3719.
 Each person renewing his or her license shall submit proof satisfactory to the board department that, during the preceding two-year period, he or she completed the required number of continuing education hours established by regulation of the board department. Required continuing education shall not exceed 30 hours every two years.
Successful completion of an examination approved by the board department may be submitted by a licensee for a designated portion of continuing education credit. The board department shall determine the hours of credit to be granted for the passage of particular examinations.

SEC. 228.

  Section 3719.5 of the Business and Professions Code is amended to read:

3719.5.
 The board department may require successful completion of one or more professional courses offered by the board department, the American Association for Respiratory Care, or the California Society for Respiratory Care in any or all of the following circumstances:
(a) As part of continuing education.
(b)  Prior to initial licensure.
(c) Prior to consideration of a reinstatement petition.

SEC. 229.

  Section 3720 of the Business and Professions Code is repealed.
3720.

The board shall hold at least one regular meeting annually. The board may convene from time to time until its business is concluded. Special meetings may be held at the time and place the board may designate. Additional meetings may be held upon call of the president or at the written request of any two members of the board.

SEC. 230.

  Section 3722 of the Business and Professions Code is amended to read:

3722.
 The board department shall adopt any regulations as may be necessary to effectuate this chapter. In adopting rules and regulations, the board department shall comply with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

SEC. 231.

  Section 3766 of the Business and Professions Code is amended to read:

3766.
 (a) The board department may issue a citation containing an order of abatement and civil penalties against a person who acts in the capacity of, or engages in the business of, a respiratory care practitioner in this state without having a license in good standing issued pursuant to this chapter.
(b) The board department may issue a citation containing an order of abatement and civil penalties against a person employing or contracting with a person who acts in the capacity of, or engages in the business of, a respiratory care practitioner in this state without having a license in good standing issued pursuant to this chapter.

SEC. 232.

  Section 3767 of the Business and Professions Code is amended to read:

3767.
 (a) The board department shall issue a citation to a person and to his or her employer or contractor, if, upon inspection or investigation, either upon complaint or otherwise, the following conditions are met:
(1) The board department has probable cause to believe that the person is acting in the capacity of, or engaging in the practice of, a respiratory care practitioner in this state without having a license in good standing issued pursuant to this chapter.
(2) The person is not otherwise exempted from the provisions of this chapter.
(b) Each citation issued pursuant to subdivision (a) shall meet all of the following requirements:
(1) Be in writing and describe with particularity the basis of the citation.
(2) Contain an order of abatement and an assessment of a civil penalty in an amount not less than two hundred dollars ($200) nor more than fifteen thousand dollars ($15,000).
(c) A person served with a citation may appeal to the board department within 15 calendar days after service of the citation with respect to any of the following:
(1) The violations alleged.
(2) The scope of the order of abatement.
(3) The amount of the civil penalty assessed.
(d) If, within 15 calendar days after service of the citation, the person cited fails to notify the board department that he or she intends to appeal the citation, the citation shall be deemed a final order of the board department and not subject to review by any court or agency. The board department may extend the 15-day period for good cause.
(e) (1) If a person cited under this section notifies the board department in a timely manner that he or she intends to contest the citation, the board department shall afford an opportunity for a hearing.
(2) The board department shall thereafter issue a decision, based on findings of fact, affirming, modifying, or vacating the citation, or directing other appropriate relief.
(f)  With the approval of the board, the executive officer The department shall prescribe procedures for the issuance and appeal of a citation and procedures for a hearing under this section. The board department shall adopt regulations covering the assessment of a civil penalty that shall give due consideration to the gravity of the violation, and any history of previous violations.
(g) The sanctions authorized under this section shall be separate from and in addition to, any other civil or criminal remedies.

SEC. 233.

  Section 3768 of the Business and Professions Code is amended to read:

3768.
 (a) After the exhaustion of the review procedures provided for in Section 3767, and as adopted by regulation, the board department may apply to the appropriate superior court for both of the following:
(1) A judgment in the amount of the civil penalty.
(2) An order compelling the cited person to comply with the order of abatement.
(b) The application described in subdivision (a) shall include a certified copy of the final order of the board department.
(c) The application described in subdivision (a) shall constitute a sufficient showing to warrant the issuance of the judgment and order.
(d) The board department may employ collection agencies or other methods in order to collect civil penalties.

SEC. 234.

  Section 3769.3 of the Business and Professions Code is amended to read:

3769.3.
 (a) Notwithstanding any other provision, the board department may, by stipulation with the affected licensee, issue a public reprimand, after it has conducted an investigation, in lieu of filing or prosecuting a formal accusation.
(b) The stipulation shall contain the authority, grounds, and causes and circumstances for taking such action and by way of waiving the affected licensee’s rights, inform the licensee of his or her rights to have a formal accusation filed and stipulate to a settlement thereafter or have the matter in the statement of issues heard before an administrative law judge in accordance with the Administrative Procedures Procedure Act.
(c) The stipulation shall be public information and shall be used as evidence in any future disciplinary or penalty action taken by the board department.

SEC. 235.

  Section 3778 of the Business and Professions Code is amended to read:

3778.
 Notwithstanding any other provision of law, the board department may contract with a collection service for the purpose of collecting outstanding fees, fines, or cost recovery amounts, and may release personal information, including the birth date, telephone number, and social security number of any applicant or licensee for this purpose. The contractual agreement shall provide that the collection service shall not inappropriately use or release personal information, and shall provide safeguards to ensure that the information is protected from inappropriate disclosure. The contractual agreement shall hold the collection service liable for inappropriate use or disclosure of personal information.

SEC. 236.

  Section 4001 of the Business and Professions Code is repealed.
4001.

(a)There is in the Department of Consumer Affairs a California State Board of Pharmacy in which the administration and enforcement of this chapter is vested. The board consists of 13 members.

(b)The Governor shall appoint seven competent pharmacists who reside in different parts of the state to serve as members of the board. The Governor shall appoint four public members, and the Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member who shall not be a licensee of the board, any other board under this division, or any board referred to in Section 1000 or 3600.

(c)At least five of the seven pharmacist appointees to the board shall be pharmacists who are actively engaged in the practice of pharmacy. Additionally, the membership of the board shall include at least one pharmacist representative from each of the following practice settings: an acute care hospital, an independent community pharmacy, a chain community pharmacy, and a long-term health care or skilled nursing facility. The pharmacist appointees shall also include a pharmacist who is a member of a labor union that represents pharmacists. For the purposes of this subdivision, a “chain community pharmacy” means a chain of 75 or more stores in California under the same ownership, and an “independent community pharmacy” means a pharmacy owned by a person or entity who owns no more than four pharmacies in California.

(d)Members of the board shall be appointed for a term of four years. No person shall serve as a member of the board for more than two consecutive terms. Each member shall hold office until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs. Vacancies occurring shall be filled by appointment for the unexpired term.

(e)Each member of the board shall receive a per diem and expenses as provided in Section 103.

(f)In accordance with Sections 101.1 and 473.1, this section shall become inoperative on July 1, 2010, and, as of January 1, 2011, is repealed, unless a later enacted statute, that becomes effective on or before January 1, 2011, deletes or extends the dates on which it becomes inoperative and is repealed. The repeal of this section renders the board subject to the review required by Division 1.2 (commencing with Section 473).

SEC. 237.

  Section 4001 is added to the Business and Professions Code, to read:

4001.
 Any reference in this chapter or its implementing regulations to the California State Board of Pharmacy or “board” shall mean the Department of Consumer Affairs or, if appropriate, the Director of Consumer Affairs.

SEC. 238.

  Section 4001.1 of the Business and Professions Code is amended to read:

4001.1.
 Protection of the public shall be the highest priority for the California State Board of Pharmacy department in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

SEC. 239.

  Section 4002 of the Business and Professions Code is repealed.
4002.

(a)The board shall elect a president, a vice president, and a treasurer. The officers of the board shall be elected by a majority of the membership of the board.

(b)The principal office of the board shall be located in Sacramento. The board shall hold a meeting at least once in every four months. Seven members of the board constitute a quorum.

SEC. 240.

  Section 4003 of the Business and Professions Code is repealed.
4003.

(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. The executive officer may or may not be a member of the board as the board may determine.

(b)The executive officer shall receive the compensation as established by the board with the approval of the Director of Finance. The executive officer shall also be entitled to travel and other expenses necessary in the performance of his or her duties.

(c)The executive officer shall maintain and update in a timely fashion records containing the names, titles, qualifications, and places of business of all persons subject to this chapter.

(d)The executive officer shall give receipts for all money received by him or her and pay it to the Department of Consumer Affairs, taking its receipt therefor. Besides the duties required by this chapter, the executive officer shall perform other duties pertaining to the office as may be required of him or her by the board.

(e)In accordance with Sections 101.1 and 473.1, this section shall become inoperative on July 1, 2010, and, as of January 1, 2011, is repealed, unless a later enacted statute, that becomes effective on or before January 1, 2011, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 241.

  Section 4004 of the Business and Professions Code is repealed.
4004.

No member of the board shall teach pharmacy in any of its branches, unless he or she teaches as either one of the following:

(a)A teacher in a public capacity and in a college of pharmacy.

(b)A teacher of an approved continuing education class as, or under the control of, an accredited provider of continuing education.

SEC. 242.

  Section 4018 of the Business and Professions Code is repealed.
4018.

“Board” means the California State Board of Pharmacy.

SEC. 243.

  Section 4115 of the Business and Professions Code is amended to read:

4115.
 (a) A pharmacy technician may perform packaging, manipulative, repetitive, or other nondiscretionary tasks, only while assisting, and while under the direct supervision and control of a pharmacist.
(b) This section does not authorize the performance of any tasks specified in subdivision (a) by a pharmacy technician without a pharmacist on duty.
(c) This section does not authorize a pharmacy technician to perform any act requiring the exercise of professional judgment by a pharmacist.
(d) The board department shall adopt regulations to specify tasks pursuant to subdivision (a) that a pharmacy technician may perform under the supervision of a pharmacist. Any pharmacy that employs a pharmacy technician shall do so in conformity with the regulations adopted by the board department.
(e) No person shall act as a pharmacy technician without first being licensed by the board department as a pharmacy technician.
(f) (1) A pharmacy with only one pharmacist shall have no more than one pharmacy technician performing the tasks specified in subdivision (a). The ratio of pharmacy technicians performing the tasks specified in subdivision (a) to any additional pharmacist shall not exceed 2:1, except that this ratio shall not apply to personnel performing clerical functions pursuant to Section 4116 or 4117. This ratio is applicable to all practice settings, except for an inpatient of a licensed health facility, a patient of a licensed home health agency, as specified in paragraph (2), an inmate of a correctional facility of the Department of the Youth Authority or the Department of Corrections and Rehabilitation, and for a person receiving treatment in a facility operated by the State Department of Mental Health, the State Department of Developmental Services, or the Department of Veterans Affairs.
(2) The board department may adopt regulations establishing the ratio of pharmacy technicians performing the tasks specified in subdivision (a) to pharmacists applicable to the filling of prescriptions of an inpatient of a licensed health facility and for a patient of a licensed home health agency. Any ratio established by the board department pursuant to this subdivision shall allow, at a minimum, at least one pharmacy technician for a single pharmacist in a pharmacy and two pharmacy technicians for each additional pharmacist, except that this ratio shall not apply to personnel performing clerical functions pursuant to Section 4116 or 4117.
(3) A pharmacist scheduled to supervise a second pharmacy technician may refuse to supervise a second pharmacy technician if the pharmacist determines, in the exercise of his or her professional judgment, that permitting the second pharmacy technician to be on duty would interfere with the effective performance of the pharmacist’s responsibilities under this chapter. A pharmacist assigned to supervise a second pharmacy technician shall notify the pharmacist in charge in writing of his or her determination, specifying the circumstances of concern with respect to the pharmacy or the pharmacy technician that have led to the determination, within a reasonable period, but not to exceed 24 hours, after the posting of the relevant schedule. No entity employing a pharmacist may discharge, discipline, or otherwise discriminate against any pharmacist in the terms and conditions of employment for exercising or attempting to exercise in good faith the right established pursuant to this paragraph.
(g) Notwithstanding subdivisions (a) and (b), the board department shall by regulation establish conditions to permit the temporary absence of a pharmacist for breaks and lunch periods pursuant to Section 512 of the Labor Code and the orders of the Industrial Welfare Commission without closing the pharmacy. During these temporary absences, a pharmacy technician may, at the discretion of the pharmacist, remain in the pharmacy but may only perform nondiscretionary tasks. The pharmacist shall be responsible for a pharmacy technician and shall review any task performed by a pharmacy technician during the pharmacist’s temporary absence. Nothing in this subdivision shall be construed to authorize a pharmacist to supervise pharmacy technicians in greater ratios than those described in subdivision (f).
(h) The pharmacist on duty shall be directly responsible for the conduct of a pharmacy technician supervised by that pharmacist.

SEC. 244.

  Section 4116 of the Business and Professions Code is amended to read:

4116.
 (a) No person other than a pharmacist, an intern pharmacist, an authorized officer of the law, or a person authorized to prescribe shall be permitted in that area, place, or premises described in the license issued by the board department wherein controlled substances or dangerous drugs or dangerous devices are stored, possessed, prepared, manufactured, derived, compounded, dispensed, or repackaged. However, a pharmacist shall be responsible for any individual who enters the pharmacy for the purposes of receiving consultation from the pharmacist or performing clerical, inventory control, housekeeping, delivery, maintenance, or similar functions relating to the pharmacy if the pharmacist remains present in the pharmacy during all times as the authorized individual is present.
(b) (1) The board department may, by regulation, establish reasonable security measures consistent with this section in order to prevent unauthorized persons from gaining access to the area, place, or premises or to the controlled substances or dangerous drugs or dangerous devices therein.
(2) The board department shall, by regulation, establish conditions for the temporary absence of a pharmacist for breaks and lunch periods pursuant to Section 512 of the Labor Code and the orders of the Industrial Welfare Commission Labor and Workforce Development Agency without closing the pharmacy and removing authorized personnel from the pharmacy. These conditions shall ensure the security of the pharmacy and its operations during the temporary absence of the pharmacist and shall allow, at the discretion of the pharmacist, nonpharmacist personnel to remain and perform any lawful activities during the pharmacist’s temporary absence.

SEC. 245.

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

4501.
 (a)  “Board,” as used in this chapter, means the Any reference in this chapter to the Board of Vocational Nursing and Psychiatric Technicians or “board” means the Department of Consumer Affairs.
(b) This section shall become inoperative on July 1, 2008, and, as of January 1, 2009, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2009, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 246.

  Section 4501.1 of the Business and Professions Code is amended to read:

4501.1.
 Protection of the public shall be the highest priority for the board department in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

SEC. 247.

  Section 4502.2 of the Business and Professions Code is amended to read:

4502.2.
 A psychiatric technician, when prescribed by a physician and surgeon, may withdraw blood from a patient with a mental illness or developmental disability if the psychiatric technician has received certification from the board department that the psychiatric technician has completed a prescribed course of instruction approved by the board department or has demonstrated competence to the satisfaction of the board department.

SEC. 248.

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

4503.
 (a) The board department shall administer and enforce this chapter.
(b) This section shall become inoperative on July 1, 2008, and, as of January 1, 2009, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2009, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 249.

  Section 4504 of the Business and Professions Code is amended to read:

4504.
 The board department may adopt rules and regulations to carry out the provisions of this chapter.

SEC. 250.

  Section 4505 of the Business and Professions Code is amended to read:

4505.
 Except as provided by Section 159.5, the board department may employ whatever personnel is necessary for the administration of this chapter.

SEC. 251.

  Section 4507 of the Business and Professions Code is amended to read:

4507.
 This chapter shall not apply to the following:
(a) Physicians and surgeons licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2.
(b) Psychologists licensed pursuant to Chapter 6.6 (commencing with Section 2900) of Division 2.
(c) Registered nurses licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2.
(d) Vocational nurses licensed pursuant to Chapter 6.5 (commencing with Section 2840) of Division 2.
(e) Social workers or clinical social workers licensed pursuant to Chapter 17 (commencing with Section 9000) of Division 3.
(f) Marriage and family therapists licensed pursuant to Chapter 13 (commencing with Section 4980) of Division 2.
(g) Teachers credentialed pursuant to Article 1 (commencing with Section 44200) of Chapter 2 of Part 25 of the Education Code.
(h) Occupational therapists as specified in Chapter 5.6 (commencing with Section 2570) of Division 2.
(i) Art therapists, dance therapists, music therapists, and recreation therapists, as defined in Division 5 (commencing with Section 70001) of Title 22 of the California Code of Regulations, who are personnel of health facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
(j) Any other categories of persons the board department determines are entitled to exemption from this chapter because they have complied with other licensing provisions of this code or because they are deemed by statute or by regulations contained in the California Code of Regulations to be adequately trained in their respective occupations. The exemptions shall apply only to a given specialized area of training within the specific discipline for which the exemption is granted.

SEC. 252.

  Section 4509.5 of the Business and Professions Code is amended to read:

4509.5.
 Nothing in this chapter shall be construed to prevent persons from performing services described in Section 4502 for purposes of training to qualify for licensure under a program approved by the board department or for training in another allied professional field.

SEC. 253.

  Section 4521.2 of the Business and Professions Code is amended to read:

4521.2.
 (a) If a psychiatric technician has knowledge that another person has committed any act prohibited by Section 4521, the psychiatric technician shall report this information to the board department in writing and shall cooperate with the board department in furnishing information or assistance as may be required.
(b) Any employer of a psychiatric technician shall report to the board department the suspension or termination for cause of any psychiatric technician in their employ. In the case of psychiatric technicians employed by the state, the report shall not be made until after the conclusion of the review process specified in Section 52.3 of Title 2 of the California Code of Regulations and Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194. The reporting required herein shall not constitute a waiver of confidentiality of medical records. The information reported or disclosed shall be kept confidential except as provided in subdivision (c) of Section 800 of the Business and Professions Code, and shall not be subject to discovery in civil cases.
(c) For purposes of this section, “suspension or termination for cause” is defined as suspension or termination from employment for any of the following reasons:
(1) Use of controlled substances or alcohol to such an extent that it impairs the licensee’s ability to safely practice as a psychiatric technician.
(2) Unlawful sale of controlled substances or other prescription items.
(3) Patient or client abuse, neglect, physical harm, or sexual contact with a patient or client.
(4) Falsification of medical records.
(5) Gross negligence or incompetence.
(6) Theft from patients or clients, other employees, or the employer.
(d) Failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.
(e) Pursuant to Section 43.8 of the Civil Code, no person shall incur any civil penalty as a result of making any report required by this chapter.
(f) The board department shall implement this section contingent upon necessary funding being provided in the annual Budget Act.

SEC. 254.

  Section 4800 of the Business and Professions Code is repealed.
4800.

There is in the Department of Consumer Affairs a Veterinary Medical Board in which the administration of this chapter is vested. The board consists of seven members, three of whom shall be public members.

This section shall become inoperative on July 1, 2011, and, as of January 1, 2012, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2012, deletes or extends the dates on which it becomes inoperative and is repealed.

The repeal of this section renders the board subject to the review provided for by Division 1.2 (commencing with Section 473).

SEC. 255.

  Section 4800.1 of the Business and Professions Code is amended to read:

4800.1.
 Protection of the public shall be the highest priority for the Veterinary Medical Board department in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

SEC. 256.

  Section 4801 of the Business and Professions Code is repealed.
4801.

Each member, except the public members, shall be a graduate of some veterinary college authorized by law to confer degrees, a bona fide resident of this state for a period of at least five years immediately preceding his or her appointment, a veterinarian licensed by the state, and shall have been actually engaged in the practice of his or her profession in this state during this period. The public members shall have been residents of this state for a period of at least five years last past before their appointment and shall not be licentiates of the board or of any other board under this division or of any board referred to in Sections 1000 and 3600.

No person shall serve as a member of the board for more than two consecutive terms.

SEC. 257.

  Section 4802 of the Business and Professions Code is repealed.
4802.

The members of the board shall hold office for a term of four years. Each member shall serve until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which he or she was appointed, whichever first occurs. A member may be reappointed subject to the limitation contained in Section 4801.

Vacancies occurring shall be filled by appointment for the unexpired term, within 90 days after they occur.

The Governor shall appoint the four members qualified as provided in Section 4801. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member.

SEC. 258.

  Section 4803 of the Business and Professions Code is repealed.
4803.

The Governor may, in his judgment, remove any member of the board for neglect of duty or other sufficient cause, after due notice and hearing.

SEC. 259.

  Section 4804 of the Business and Professions Code is repealed.
4804.

The board shall elect a president, vice president, and any other officers of the board as shall be necessary, from its membership. The Attorney General shall act as counsel for the board and the members thereof in their official or individual capacity for any act done under the color of official right.

SEC. 260.

  Section 4804.5 of the Business and Professions Code is repealed.
4804.5.

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.

This section shall become inoperative on July 1, 2011, and, as of January 1, 2012, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2012, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 261.

  Section 4805 of the Business and Professions Code is repealed.
4805.

The executive officer of the board may administer oaths or affirmations upon matters pertaining to the business of the board. Any person willfully making any false oath or affirmation is guilty of perjury.

SEC. 262.

  Section 4806 of the Business and Professions Code is repealed.
4806.

Each member of the board shall receive a per diem and expenses as provided in Section 103.

SEC. 263.

  Section 4807 of the Business and Professions Code is repealed.
4807.

Four members of the board constitute a quorum for transaction of business at any meeting of the board.

SEC. 264.

  Section 4808 of the Business and Professions Code is amended to read:

4808.
 The board department may in accordance with the provisions of the Administrative Procedure Act, adopt, amend, or repeal such rules and regulations as are reasonably necessary to carry into effect the provisions of this chapter. The board may hold such meetings as are necessary for the transaction of business. It The department shall issue all licenses to practice veterinary medicine in this State state.

SEC. 265.

  Section 4809 of the Business and Professions Code is amended to read:

4809.
 The board shall keep an official record of its meetings, and it department shall also keep an official register of all applicants for licenses.
The register shall be prima facie evidence of all matters contained therein.

SEC. 266.

  Section 4809.5 of the Business and Professions Code is amended to read:

4809.5.
 The board department may at any time inspect the premises in which veterinary medicine, veterinary dentistry, or veterinary surgery is being practiced.

SEC. 267.

  Section 4809.6 of the Business and Professions Code is amended to read:

4809.6.
 The enforcement of Sections 4809.5 and 4854 of this chapter is a function exclusively reserved to the Veterinary Medical Board department and the state has preempted and occupied this field of enforcing the cleanliness and sanitary requirements of this chapter.

SEC. 268.

  Section 4809.7 of the Business and Professions Code is amended to read:

4809.7.
 The board department shall establish a regular inspection program which will provide for random, unannounced inspections.

SEC. 269.

  Section 4810 of the Business and Professions Code is amended to read:

4810.
 As used in this chapter:
(a) “Board” means or the Veterinary “Veterinary Medical Board Board” means the Department of Consumer Affairs.
(b) “Committee” or “examining committee” means the Registered Veterinary Technician Examining Committee Department of Consumer Affairs.
(c) “Regulations” means the rules and regulations set forth in Division 20 (commencing with Section 2000) of Title 16 of the California Code of Regulations.
(d) “Executive officer” means the Director of Consumer Affairs or his or her designee.

SEC. 270.

  Section 4826 of the Business and Professions Code is amended to read:

4826.
 A person practices veterinary medicine, surgery, and dentistry, and the various branches thereof, when he or she does any one of the following:
(a) Represents himself or herself as engaged in the practice of veterinary medicine, veterinary surgery, or veterinary dentistry in any of its branches.
(b) Diagnoses or prescribes a drug, medicine, appliance, application, or treatment of whatever nature for the prevention, cure or relief of a wound, fracture, bodily injury, or disease of animals.
(c) Administers a drug, medicine, appliance, application, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease of animals, except where the medicine, appliance, application, or treatment is administered by a registered veterinary technician or an unregistered assistant at the direction of and under the direct supervision of a licensed veterinarian subject to Article 2.5 (commencing with Section 4832) or where the drug, including, but not limited to, a drug that is a controlled substance, is administered by a registered veterinary technician or an unregistered assistant pursuant to Section 4836.1. However, no person, other than a licensed veterinarian, may induce anesthesia unless authorized by regulation of the board department.
(d) Performs a surgical or dental operation upon an animal.
(e) Performs any manual procedure for the diagnosis of pregnancy, sterility, or infertility upon livestock or Equidae.
(f) Uses any words, letters, or titles in such connection or under such circumstances as to induce the belief that the person using them is engaged in the practice of veterinary medicine, veterinary surgery, or veterinary dentistry. This use shall be prima facie evidence of the intention to represent himself or herself as engaged in the practice of veterinary medicine, veterinary surgery, or veterinary dentistry.

SEC. 271.

  Section 4828 of the Business and Professions Code is amended to read:

4828.
 All veterinarians actually engaged and employed as veterinarians by the state, or a county, city, corporation, firm or individual are practicing veterinary medicine and shall secure a license issued by the board department.

SEC. 272.

  Section 4830 of the Business and Professions Code, as amended by Section 1 of Chapter 823 of the Statutes of 2006, is amended to read:

4830.
 (a) This chapter does not apply to:
(1) Veterinarians while serving in any armed branch of the military service of the United States or the United States Department of Agriculture while actually engaged and employed in their official capacity.
(2) Regularly licensed veterinarians in actual consultation from other states.
(3) Regularly licensed veterinarians actually called from other states to attend cases in this state, but who do not open an office or appoint a place to do business within this state.
(4) Veterinarians employed by the University of California while engaged in the performance of duties in connection with the College of Agriculture, the Agricultural Experiment Station, the School of Veterinary Medicine, or the agricultural extension work of the university or employed by the Western University of Health Sciences while engaged in the performance of duties in connection with the College of Veterinary Medicine or the agricultural extension work of the university.
(5) Students in the School of Veterinary Medicine of the University of California or the College of Veterinary Medicine of the Western University of Health Sciences who participate in diagnosis and treatment as part of their educational experience, including those in off-campus educational programs under the direct supervision of a licensed veterinarian in good standing, as defined in paragraph (1) of subdivision (b) of Section 4848, appointed by the University of California, Davis, or the Western University of Health Sciences.
(6) A veterinarian who is employed by the Meat and Poultry Inspection Branch of the California Department of Food and Agriculture while actually engaged and employed in his or her official capacity. A person exempt under this paragraph shall not otherwise engage in the practice of veterinary medicine unless he or she is issued a license by the board department.
(7) Unlicensed personnel employed by the Department of Food and Agriculture or the United States Department of Agriculture when, in the course of their duties, they are directed by a veterinarian supervisor to conduct an examination, obtain biological specimens, apply biological tests, or administer medications or biological products as part of government disease or condition monitoring, investigation, control, or eradication activities.
(8) Veterinarians employed by a city, city and county, or county who meet all of the following criteria:
(A) They have earned and possess a doctorate in veterinary medicine from an American Veterinary Medical Association-accredited college of veterinary medicine, or they possess a degree in veterinary medicine from a non-American Veterinary Medical Association-accredited college of veterinary medicine and possess a certificate issued by the Educational Commission for Foreign Veterinary Graduates or a certificate issued by the Program for Assessment of Veterinary Equivalence, or they have achieved board certification from the American College of Veterinary Pathologists.
(B) They have successfully completed a residency approved by the American College of Veterinary Pathologists.
(C) They are conducting activities, under the direct supervision of a California licensed veterinarian, related to pathology and epidemiology on dead animals as part of a government program to monitor a disease or a disease-related condition or to investigate, control, or eradicate a disease.
(b) This section shall remain in effect only until January 1, 2011, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2011, deletes or extends that date.

SEC. 273.

  Section 4830 of the Business and Professions Code, as added by Section 2 of Chapter 823 of the Statutes of 2006, is amended to read:

4830.
 (a) This chapter does not apply to:
(1) Veterinarians while serving in any armed branch of the military service of the United States or the United States Department of Agriculture while actually engaged and employed in their official capacity.
(2) Regularly licensed veterinarians in actual consultation from other states.
(3) Regularly licensed veterinarians actually called from other states to attend cases in this state, but who do not open an office or appoint a place to do business within this state.
(4) Veterinarians employed by the University of California while engaged in the performance of duties in connection with the College of Agriculture, the Agricultural Experiment Station, the School of Veterinary Medicine, or the agricultural extension work of the university or employed by the Western University of Health Sciences while engaged in the performance of duties in connection with the College of Veterinary Medicine or the agricultural extension work of the university.
(5) Students in the School of Veterinary Medicine of the University of California or the College of Veterinary Medicine of the Western University of Health Sciences who participate in diagnosis and treatment as part of their educational experience, including those in off-campus educational programs under the direct supervision of a licensed veterinarian in good standing, as defined in paragraph (1) of subdivision (b) of Section 4848, appointed by the University of California, Davis, or the Western University of Health Sciences.
(6) A veterinarian who is employed by the Meat and Poultry Inspection Branch of the California Department of Food and Agriculture while actually engaged and employed in his or her official capacity. A person exempt under this paragraph shall not otherwise engage in the practice of veterinary medicine unless he or she is issued a license by the board department.
(7) Unlicensed personnel employed by the Department of Food and Agriculture or the United States Department of Agriculture when in the course of their duties they are directed by a veterinarian supervisor to conduct an examination, obtain biological specimens, apply biological tests, or administer medications or biological products as part of government disease or condition monitoring, investigation, control, or eradication activities.
(b) This section shall become operative on January 1, 2011.

SEC. 274.

  Section 4832 of the Business and Professions Code, as amended by Section 5 of Chapter 467 of the Statutes of 2004, is repealed.
4832.

(a)The board shall establish an advisory committee on issues pertaining to the practice of veterinary technicians, that shall be known as the Registered Veterinary Technician Committee, hereafter referred to as the committee.

(b)It is the intent of the Legislature that the Veterinary Medical Board, in implementing this article, give specific consideration to the recommendations of the Registered Veterinary Technician Committee.

SEC. 275.

  Section 4832 is added to the Business and Professions Code, to read:

4832.
 Any reference to “committee” or “Registered Veterinary Technician Committee” shall mean the Department of Consumer Affairs.

SEC. 276.

  Section 4832 of the Business and Professions Code, as added by Section 35 of Chapter 759 of the Statutes of 1997, is repealed.
4832.

(a)The board shall establish an advisory committee on issues pertaining to the practice of veterinary technicians, known as the Registered Veterinary Technician Committee, hereafter referred to as the committee.

(b)This section shall become operative on July 1, 1998.

SEC. 277.

  Section 4833 of the Business and Professions Code is amended to read:

4833.
 (a) The committee shall advise and may assist the board in department shall conduct the examination of applicants for veterinary technician registration. The examination shall be held at least once a year at the times and places designated by the board department.
(b) The committee department may investigate and evaluate each applicant applying for registration as a registered veterinary technician and may recommend to the board for final determination the admission of the applicant to the examination and eligibility for registration.
(c) The committee may make recommendations to the board regarding the establishment and operation of the department may establish continuing education requirements authorized by Section 4838 of this article.
(d) The committee shall advise and may assist the board in the inspection and approval of all department may inspect and approve schools or institutions offering a curriculum for training registered veterinary technicians.
(e) The committee may advise and assist the board in developing department may develop regulations to establish animal health care tasks and the appropriate degree of supervision required for those tasks for registered veterinary technicians and for unregistered assistants.
(f) The committee may advise and assist the board in developing department may develop regulations to define subdivision (c) of Section 4840, including, but not limited to, procedures for citations and fines, in accordance with Section 125.9.

SEC. 278.

  Section 4834 of the Business and Professions Code is repealed.
4834.

(a)The board has the power to remove from office at any time any member of the committee for continued neglect of any duty required by this article, for incompetency, or for unprofessional conduct.

(b)This section shall become operative on July 1, 1998.

SEC. 279.

  Section 4836 of the Business and Professions Code is amended to read:

4836.
 (a) The board department shall adopt regulations establishing animal health care tasks and an appropriate degree of supervision required for those tasks that may be performed only by a registered veterinary technician or a licensed veterinarian.
(b) The board department also may adopt regulations establishing animal health care tasks that may be performed by an unregistered assistant as well as by a registered veterinary technician or a licensed veterinarian. The board department shall establish an appropriate degree of supervision by a registered veterinary technician or a licensed veterinarian over an unregistered assistant for any tasks established under this subdivision and the degree of supervision for any of those tasks shall be higher than, or equal to, the degree of supervision required when a registered veterinary technician performs the task.
(c) The board department may adopt regulations, as needed, to define subdivision (c) of Section 4840, including, but not limited to, procedures for citations and fines, in accordance with Section 125.9.

SEC. 280.

  Section 4836.5 of the Business and Professions Code is amended to read:

4836.5.
 The board department shall take action pursuant to Article 4 (commencing with Section 4875) of this chapter against any veterinarian licensed or authorized to practice in this state who permits any registered veterinary technician or unregistered assistant to perform any animal health care services other than those allowed by this article.

SEC. 281.

  Section 4837 of the Business and Professions Code is amended to read:

4837.
 The board department may revoke or suspend the registration of a registered veterinary technician in this state after notice and hearing for any cause provided in this article. The proceedings under this article shall be conducted in accordance with the provisions for administrative adjudication in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board department shall have all the powers granted therein. The board department may revoke or suspend a certificate of registration for any of the following reasons:
(a) The employment of fraud, misrepresentation, or deception in obtaining a registration.
(b) Conviction of a crime substantially related to the qualifications, functions, and duties of a registered veterinary technician in which case the record of such conviction will be conclusive evidence.
(c) Chronic inebriety or habitual use of controlled substances.
(d) For having professional connection with or lending one’s name to any illegal practitioner of veterinary medicine and the various branches thereof.
(e) Violating or attempts to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter, or of the regulations adopted under this chapter.

SEC. 282.

  Section 4838 of the Business and Professions Code is amended to read:

4838.
 Effective with the 1976 renewal period, if the board department determines that the public health and safety would be served by requiring all registrants under the provisions of this article to continue their education after receiving such registration, it may require, as a condition of renewal, that they submit assurances satisfactory to the board department that they will, during the succeeding renewal period, inform themselves of the developments in the field of animal health technology since the issuance of their certificate of registration by pursuing one or more courses of study satisfactory to the board department or by other means deemed equivalent by the board department.
The board department shall adopt regulations providing for the suspension of registration at the end of each annual renewal period until compliance with the assurances provided for in this section is accomplished.

SEC. 283.

  Section 4839 of the Business and Professions Code is amended to read:

4839.
 For purposes of this article, a registered veterinary technician means a person who has met the requirements of Section 4841.5, has passed the written and practical examination, and is registered by the board department.

SEC. 284.

  Section 4841.5 of the Business and Professions Code is amended to read:

4841.5.
 To be eligible to take the written and practical examination for registration as a registered veterinary technician, the applicant shall:
(a) Be at least 18 years of age.
(b) Furnish satisfactory evidence of graduation from, at minimum, a two-year curriculum in veterinary technology, in a college or other postsecondary institution approved by the board department, or the equivalent thereof as determined by the board department. In the case of a private postsecondary institution, the institution shall also be approved by the Bureau for Private Postsecondary and Vocational Education.

SEC. 285.

  Section 4842 of the Business and Professions Code is amended to read:

4842.
 The board department may deny an application to take a written and practical examination for registration as a registered veterinary technician if the applicant has done any of the following:
(a) Committed any act which would be grounds for the suspension or revocation of registration under this chapter.
(b) While unregistered, committed, or aided and abetted the commission of, any act for which a certificate of registration is required by this chapter.
(c) Knowingly made any false statement in the application.
(d) Been convicted of a crime substantially related to the qualifications, functions, and duties of a registered veterinary technician.
(e) Committed any act that resulted in a revocation by another state of his or her license, registration, or other procedure by virtue of which one is licensed or allowed to practice veterinary technology in that state.

SEC. 286.

  Section 4842.1 of the Business and Professions Code is amended to read:

4842.1.
 The board department shall issue a certificate of registration to each applicant who passes the examination. The form of the certificate shall be determined by the board department.

SEC. 287.

  Section 4842.2 of the Business and Professions Code is amended to read:

4842.2.
 All funds collected by the board department under this article shall be deposited in the Veterinary Medical Board Contingent Fund.

SEC. 288.

  Section 4842.5 of the Business and Professions Code is amended to read:

4842.5.
 The amount of fees prescribed by this article is that fixed by the following schedule:
(a) The fee for filing an application for examination shall be set by the board department in an amount it determines is reasonably necessary to provide sufficient funds to carry out the purposes of this chapter, not to exceed two hundred dollars ($200).
(b) The fee for the California registered veterinary technician examination shall be set by the board department in an amount it determines is reasonably necessary to provide sufficient funds to carry out the purposes of this chapter, not to exceed three hundred dollars ($300).
(c) The initial registration fee shall be set by the board department at not more than one hundred dollars ($100), except that, if the license is issued less than one year before the date on which it will expire, then the fee shall be set by the board department at not more than fifty dollars ($50). The board department may adopt regulations to provide for the waiver or refund of the initial registration fee where the registration is issued less than 45 days before the date on which it will expire.
(d) The biennial renewal fee shall be set by the board department at not more than one hundred dollars ($100).
(e) The delinquency fee shall be twenty-five dollars ($25).
(f) Any charge made for duplication or other services shall be set at the cost of rendering the services.
(g) The fee for filing an application for approval of a school pursuant to Section 4843 shall be set by the board department at an amount not to exceed the cost of the approval process.

SEC. 289.

  Section 4842.6 of the Business and Professions Code is amended to read:

4842.6.
 (a) Each individual registered by the board department shall biennially apply for renewal of his or her license or registration on or before the last day of the applicant’s birthday month. The application shall be made on a form provided by the board department.
(b) The application shall contain a statement to the effect that the applicant has not been convicted of a felony, has not been the subject of professional disciplinary action taken by any public agency in California or any other state or territory, and has not violated any of the provisions of this chapter. If the applicant is unable to make that statement, the application shall contain a statement of the conviction, professional discipline, or violation.
(c) The board department may, as part of the renewal process, make necessary inquiries of the applicant and conduct an investigation in order to determine if cause for disciplinary action exists.

SEC. 290.

  Section 4843 of the Business and Professions Code is amended to read:

4843.
 The board department shall approve all schools or institutions offering a curriculum for training registered veterinary technicians. Application forms for schools requesting approval shall be furnished by the board department. Approval by the board shall be for a two-year period. Reapplication for approval by the board shall be made at the end of the expiration date.

SEC. 291.

  Section 4843.5 of the Business and Professions Code is amended to read:

4843.5.
 Except as otherwise provided in this article, an expired certificate of registration may be renewed at any time within five years after its expiration on filing of an application for renewal on a form prescribed by the board department, and payment of all accrued and unpaid renewal fees. If the certificate of registration is renewed more than 30 days after its expiration, the registrant, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this article. Renewal under this section shall be effective on the date on which the application is filed, on the date all renewal fees are paid, or on the date on which the delinquency fee, if any, is paid, whichever occurs last.

SEC. 292.

  Section 4844 of the Business and Professions Code is amended to read:

4844.
 A person who fails to renew his or her certificate of registration within five years after its expiration may not renew it, and it shall not be restored, reissued, or reinstated thereafter, but such a person may apply for and obtain a new certificate of registration if:
(a) He or she is not subject to denial of registration under Section 480.
(b) No fact, circumstance, or condition exists which, if the certificate of registration were issued, would justify its revocation or suspension.
(c) He or she takes and passes the examination, if any, which would be required of him or her if he or she were then applying for a certificate of registration for the first time, or otherwise establishes to the satisfaction of the board department that, with due regard for the public interest, he or she is qualified to be a registered animal health technician.
(d) He or she pays all of the fees that would be required of him or her if he or she were applying for the certificate of registration for the first time.
The board department may, by regulation, provide for the waiver or refund of all or any part of the examination fee in those cases in which a certificate of registration is issued without an examination pursuant to the provisions of this section.

SEC. 293.

  Section 4846 of the Business and Professions Code is amended to read:

4846.
 Applications for a license shall be upon a form furnished by the board department and, in addition, shall be accompanied by a diploma or other verification of graduation from a veterinary college recognized by the board department.

SEC. 294.

  Section 4846.1 of the Business and Professions Code is amended to read:

4846.1.
 If the veterinary college from which an applicant is graduated is not recognized by the board department, the board department shall have the authority to determine the qualifications of such graduates and to review the quality of the educational experience attained by them in an unrecognized veterinary college. The board department shall have the authority to adopt rules and regulations to implement this provision.

SEC. 295.

  Section 4846.2 of the Business and Professions Code is amended to read:

4846.2.
 If the board department finds in evaluating the graduate described in Section 4846.1 that such the applicant is deficient in qualification or in the quality of his or her educational experience the board department may require such applicant to fulfill such other remedial or other requirements as the board department, by regulation, may prescribe.

SEC. 296.

  Section 4846.4 of the Business and Professions Code is amended to read:

4846.4.
 (a) Each individual licensed by the board department shall biennially apply for renewal of his or her license or registration on or before the last day of the applicant’s birthday month. The application shall be made on a form provided by the board department.
(b) The application shall contain a statement to the effect that the applicant has not been convicted of a felony, has not been the subject of professional disciplinary action taken by any public agency in California or any other state or territory, and has not violated any of the provisions of this chapter. If the applicant is unable to make that statement, the application shall contain a statement of the conviction, professional discipline, or violation.
(c) The board department may, as part of the renewal process, make necessary inquiries of the applicant and conduct an investigation in order to determine if cause for disciplinary action exists.

SEC. 297.

  Section 4846.5 of the Business and Professions Code is amended to read:

4846.5.
 (a) On or after January 1, 2002, except as provided in this section, the board department shall issue renewal licenses only to those applicants that have completed a minimum of 36 hours of continuing education in the preceding two years.
(b) (1) Notwithstanding any other provision of law, continuing education hours shall be earned by attending courses relevant to veterinary medicine and sponsored or cosponsored by any of the following:
(A)  American Veterinary Medical Association (AVMA) accredited veterinary medical colleges.
(B) Accredited colleges or universities offering programs relevant to veterinary medicine.
(C) The American Veterinary Medical Association.
(D) American Veterinary Medical Association recognized specialty or affiliated allied groups.
(E) American Veterinary Medical Association’s affiliated state veterinary medical associations.
(F) Nonprofit annual conferences established in conjunction with state veterinary medical associations.
(G) Educational organizations affiliated with the American Veterinary Medical Association or its state affiliated veterinary medical associations.
(H) Local veterinary medical associations affiliated with the California Veterinary Medical Association.
(I) Federal, state, or local government agencies.
(J) Providers accredited by the Accreditation Council for Continuing Medical Education (ACCME) or approved by the American Medical Association (AMA), providers recognized by the American Dental Association Continuing Education Recognition Program (ADA CERP), and AMA or ADA affiliated state, local, and specialty organizations.
(2) Continuing education credits shall be granted to those veterinarians taking self-study courses, which may include, but are not limited to, reading journals, viewing of videotapes, or listening to audiotapes. The taking of these courses shall be limited to no more than six hours biennially.
(3) The board department may approve other continuing veterinary medical education providers not specified in paragraph (1).
(A) The board department has the authority to recognize national continuing education approval bodies for the purpose of approving continuing education providers not specified in paragraph (1).
(B) Applicants seeking continuing education provider approval shall have the option of applying to the board department or to a board-recognized national approval body recognized by the department.
(4) For good cause, the board department may adopt an order specifying, on a prospective basis, that a provider of continuing veterinary medical education authorized pursuant to paragraphs (1) or (2) is no longer an acceptable provider.
(5) Continuing education hours earned by attending courses sponsored or cosponsored by those entities listed in paragraph (1) between January 1, 2000, and the effective date of this act shall be credited toward a veterinarian’s continuing education requirement under this section.
(c) Every person renewing his or her license issued pursuant to Section 4846.4 or any person applying for relicensure or for reinstatement of his or her license to active status, shall submit proof of compliance with this section to the board department certifying that he or she is in compliance with this section. Any false statement submitted pursuant to this section shall be a violation subject to Section 4831.
(d) This section shall not apply to a veterinarian’s first license renewal. This section shall apply only to second and subsequent license renewals granted on or after January 1, 2002.
(e) The board department shall have the right to audit the records of all applicants to verify the completion of the continuing education requirement. Applicants shall maintain records of completion of required continuing education coursework for a period of four years and shall make these records available to the board department for auditing purposes upon request. If the board department, during this audit, questions whether any course reported by the veterinarian satisfies the continuing education requirement, the veterinarian shall provide information to the board department concerning the content of the course; the name of its sponsor and cosponsor, if any; and specify the specific curricula that was of benefit to the veterinarian.
(f) A veterinarian desiring an inactive license or to restore an inactive license under Section 701, shall submit an application on a form provided by the board department. In order to restore an inactive license to active status, the veterinarian shall have completed a minimum of 36 hours of continuing education within the last two years preceding application. The inactive license status of a veterinarian shall not deprive the board department of its authority to institute or continue a disciplinary action against a licensee.
(g) Knowing misrepresentation of compliance with the requirements of this article by a veterinarian constitutes unprofessional conduct and grounds for disciplinary action or for the issuance of a citation and the imposition of a civil penalty pursuant to Section 4883.
(h) The board department, in its discretion, may exempt from the continuing education requirement, any veterinarian who for reasons of health, military service, or undue hardship, cannot meet those requirements. Applications for waivers shall be submitted on a form provided by the board department.
(i) The administration of this section may be funded through professional license and continuing education provider fees. The fees related to the administration of this section shall not exceed the costs of administering the corresponding provisions of this section.
(j) For those continuing education providers not listed in paragraph (1) of subdivision (b), the board department or its recognized national approval agent shall establish criteria by which a provider of continuing education shall be approved. The board department shall initially review and approve these criteria and may review the criteria as needed. The board department or its recognized agent shall monitor, maintain, and manage related records and data. The board department shall have the authority to impose an application fee, not to exceed two hundred dollars ($200) biennially, for continuing education providers not listed in paragraph (1) of subdivision (b).

SEC. 298.

  Section 4847 of the Business and Professions Code is amended to read:

4847.
 The board department shall number consecutively all applications received, note upon each the disposition made of it, and preserve the same for reference.

SEC. 299.

  Section 4848 of the Business and Professions Code is amended to read:

4848.
 (a) (1) The board department shall, by means of examination, ascertain the professional qualifications of all applicants for licenses to practice veterinary medicine in this state and shall issue a license to every person whom it finds to be qualified. No license shall be issued to anyone who has not demonstrated his or her competency by examination.
(2) The examination shall consist of each of the following:
(A) A licensing examination that is administered on a national basis.
(B) A California state board examination.
(C) An examination concerning those statutes and regulations of the Veterinary Medicine Practice Act administered by the board department. The examination shall be administered by mail and provided to applicants within 10 to 20 days of eligibility determination. The board department shall have 10 to 20 days from the date of receipt to process the examination and provide candidates with the results of the examination. The applicant shall certify that he or she personally completed the examination. Any false statement is a violation subject to Section 4831. University of California and Western University of Health Sciences veterinary medical students who have successfully completed a board department approved course on veterinary law and ethics covering the Veterinary Medicine Practice Act shall be exempt from this provision.
(3) The examinations may be given at the same time or at different times as determined by the board department. For examination purposes, the board department may make contractual arrangements on a sole source basis with organizations furnishing examination material as it may deem desirable and shall be exempt from Section 10115 of the Public Contract Code.
(4) The licensing examination may be waived by the board department in any case in which it determines that the applicant has taken and passed an examination for licensure in another state substantially equivalent in scope and subject matter to the licensing examination last given in California before the determination is made, and has achieved a score on the out-of-state examination at least equal to the score required to pass the licensing examination administered in California.
(5) Nothing in this chapter shall preclude the board department from permitting a person who has completed a portion of his or her educational program, as determined by the board department, in a veterinary college recognized by the board department under Section 4846 to take any examination or any part thereof prior to satisfying the requirements for application for a license established by Section 4846.
(b) The board department shall waive the examination requirements of subdivision (a), and issue a temporary license valid for one year to an applicant to practice veterinary medicine under the supervision of another licensed California veterinarian in good standing if the applicant meets all of the following requirements and would not be denied issuance of a license by any other provision of this code:
(1) The applicant holds a current valid license in good standing in another state, Canadian province, or United States territory and has practiced clinical veterinary medicine for a minimum of four years full time within the five years immediately preceding filing an application for licensure in this state. Experience obtained while participating in an American Veterinary Medical Association (AVMA) accredited institution’s internship, residency, or specialty board department training program shall be valid for meeting the minimum experience requirement.
The term “in good standing” means that an applicant under this section:
(A) Is not currently under investigation nor has been charged with an offense for any act substantially related to the practice of veterinary medicine by any public agency, nor entered into any consent agreement or subject to an administrative decision that contains conditions placed by an agency upon an applicant’s professional conduct or practice, including any voluntary surrender of license, nor been the subject of an adverse judgment resulting from the practice of veterinary medicine that the board department determines constitutes evidence of a pattern of incompetence or negligence.
(B) Has no physical or mental impairment related to drugs or alcohol, and has not been found mentally incompetent by a physician so that the applicant is unable to undertake the practice of veterinary medicine in a manner consistent with the safety of a patient or the public.
(2) At the time of original licensure, the applicant passed the national licensing requirement in veterinary science with a passing score or scores on the examination or examinations equal to or greater than the passing score required to pass the national licensing examination or examinations administered in this state.
(3) The applicant has either graduated from a veterinary college recognized by the board department under Section 4846 or possesses a certificate issued by the Educational Commission for Foreign Veterinary Graduates (ECFVG).
(4) The applicant passes an examination concerning the statutes and regulations of the Veterinary Medicine Practice Act, administered by the board department, pursuant to subparagraph (C) of paragraph (2) of subdivision (a).
(5) The applicant agrees to complete an approved educational curriculum on regionally specific and important diseases and conditions during the period of temporary licensure. The board department, in consultation with the California Veterinary Medical Association (CVMA), shall approve educational curricula that cover appropriate regionally specific and important diseases and conditions that are common in California. The curricula shall focus on small and large animal diseases consistent with the current proportion of small and large animal veterinarians practicing in the state. The approved curriculum shall not exceed 30 hours of educational time. The board department shall approve a curriculum as soon as practical, but not later than June 1, 1999. The approved curriculum may be offered by multiple providers so that it is widely accessible to candidates licensed under this subdivision.
(c)  Upon receipt of acknowledgment of successful completion of the requirements set forth in subdivision (b), the board department shall issue a license to the applicant. Any applicant who does not meet the requirements of subdivision (b) shall take a California state board examination as specified in subparagraph (B) of paragraph (2) of subdivision (a).
(d) The board department, in its discretion, may extend the expiration date of a temporary license issued pursuant to subdivision (b) for not more than one year for reasons of health, military service, or undue hardship. An application for an extension shall be submitted on a form provided by the board department.

SEC. 300.

  Section 4848.3 of the Business and Professions Code is amended to read:

4848.3.
 (a) The board department shall issue a temporary license valid for one year to an applicant accepted into a qualifying internship or residency program that meets all of the following requirements:
(1) Program participants have either graduated from a veterinary college recognized by the board department under Section 4846 or possess a certificate issued by the Educational Commission for Foreign Veterinary Graduates, and hold a current valid license in good standing in another state, Canadian province, or United States territory.
(2) Program participants are under the direct supervision of a board-certified department–certified California-licensed veterinarian in good standing.
(3) Two or more board-certified department–certified specialists are on the staff of the veterinary practice.
(4) The program undergoes annual evaluation and is approved by one or more existing organizations officially recognized for that purpose by the board department. The board department shall designate one or more organizations for this purpose no later than January 31, 1999, and the evaluation and approval process shall begin no later than March 1, 1999.
(b) The temporary license issued pursuant to this section shall only be valid for activities performed in the course of, and incidental to, a qualifying internship or residency program.

SEC. 301.

  Section 4849 of the Business and Professions Code is amended to read:

4849.
 The complete examination shall be given at least once each year. It shall include all such subjects as are ordinarily included in the curricula of veterinary colleges in good standing and may include such other subjects as the board department may by rule authorize and direct.

SEC. 302.

  Section 4852 of the Business and Professions Code is amended to read:

4852.
 Every person holding a license issued under this chapter who changes his or her mailing address shall notify the board department of his or her new mailing address within 30 days of the change. The board department shall not renew the license of any person who fails to comply with this section unless the person pays the penalty fee prescribed in Section 4905. An applicant for the renewal of a license shall specify in his or her application whether he or she has changed his or her mailing address and the board department may accept that statement as evidence of the fact.

SEC. 303.

  Section 4853 of the Business and Professions Code is amended to read:

4853.
 (a) All premises where veterinary medicine, veterinary dentistry, veterinary surgery, and the various branches thereof is being practiced shall be registered with the board department. The certificate of registration shall be on a form prescribed in accordance with Section 164.
(b) “Premises” for the purpose of this chapter shall include a building, kennel, mobile unit, or vehicle. Mobile units and vehicles shall be exempted from independent registration with the board department when they are operated from a building or facility which is the licensee manager’s principal place of business and the building is registered with the board department, and the registration identifies and declares the use of the mobile unit or vehicle.
(c) Every application for registration of veterinary premises shall set forth in the application the name of the responsible licensee manager who is to act for and on behalf of the licensed premises. Substitution of the responsible licensee manager may be accomplished by application to the board department if the following conditions are met:
(1) The person substituted qualifies by presenting satisfactory evidence that he or she possesses a valid, unexpired, and unrevoked license as provided by this chapter and that the license is not currently under suspension.
(2) No circumvention of the law is contemplated by the substitution.

SEC. 304.

  Section 4853.1 of the Business and Professions Code is amended to read:

4853.1.
 (a) Each application to register a premise pursuant to Section 4853 shall be made on a form provided by the board department. An application for renewal of that registration shall be made annually.
(b) The application shall contain a statement to the effect that the applicant has not been convicted of a felony, has not been the subject of professional disciplinary action taken by any public agency in California or any other state or territory, and has not violated any of the provisions of this chapter. If the applicant is unable to make that statement, the application shall contain a statement of the conviction, professional discipline, or violation.
(c) The board department may, as part of the renewal process, make necessary inquiries of the applicant and conduct an investigation in order to determine if cause for disciplinary action exists.

SEC. 305.

  Section 4853.5 of the Business and Professions Code is amended to read:

4853.5.
 When it has been adjudicated in an administrative hearing that the licensee manager has failed to keep the premises and all equipment therein in a clean and sanitary condition as provided for in subdivision (h) of Section 4883, or is in violation of any of the provisions of Section 4854, the board department may withhold, suspend, or revoke the registration of veterinary premises, or assess a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500) per day until such violation has been rectified, or by both such suspension and fine. The total amount of any fine assessed pursuant to this section shall not exceed five thousand dollars ($5,000).

SEC. 306.

  Section 4853.6 of the Business and Professions Code is amended to read:

4853.6.
 The board department shall withhold, suspend, or revoke registration of veterinary premises:
(a) When the licensee manager set forth in the application in accordance with Section 4853 ceases to become responsible for management of the registered premises and no substitution of the responsible licensee manager has been made by application as provided for in Section 4853.
(b) When the licensee manager has, under proceedings conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the license to practice veterinary medicine, surgery, and dentistry revoked or suspended.

SEC. 307.

  Section 4854 of the Business and Professions Code is amended to read:

4854.
 All premises where veterinary medicine, veterinary dentistry, or veterinary surgery is being practiced, and all instruments, apparatus, and apparel used in connection with those practices, shall be kept clean and sanitary at all times, and shall conform to those minimum standards established by the board department.

SEC. 308.

  Section 4855 of the Business and Professions Code is amended to read:

4855.
 A veterinarian subject to the provisions of this chapter shall, as required by regulation of the board department, keep a written record of all animals receiving veterinary services, and provide a summary of that record to the owner of animals receiving veterinary services, when requested. The minimum amount of information which shall be included in written records and summaries shall be established by the board department. The minimum duration of time for which a licensed premise shall retain the written record or a complete copy of the written record shall be determined by the board department.

SEC. 309.

  Section 4856 of the Business and Professions Code is amended to read:

4856.
 (a) All records required by law to be kept by a veterinarian subject to this chapter, including, but not limited to, records pertaining to diagnosis and treatment of animals and records pertaining to drugs or devices for use on animals, shall be open to inspection by the board department, or its authorized representatives, during an inspection as part of a regular inspection program by the board department, or during an investigation initiated in response to a complaint that a licensee has violated any law or regulation that constitutes grounds for disciplinary action by the board department. A copy of all those records shall be provided to the board department immediately upon request.
(b) Equipment and drugs on the premises, or any other place, where veterinary medicine, veterinary dentistry, veterinary surgery, or the various branches thereof is being practiced, or otherwise in the possession of a veterinarian for purposes of that practice, shall be open to inspection by the board department, or its authorized representatives, during an inspection as part of a regular inspection program by the board department, or during an investigation initiated in response to a complaint that a licensee has violated any law or regulation that constitutes grounds for disciplinary action by the board department.

SEC. 310.

  Section 4860 of the Business and Professions Code is amended to read:

4860.
 It is the intent of the Legislature that the Veterinary Medical Board department seek ways and means to identify and rehabilitate veterinarians and registered veterinary technicians with impairment due to abuse of dangerous drugs or alcohol, affecting competency so that veterinarians and registered veterinary technicians so afflicted may be treated and returned to the practice of veterinary medicine in a manner that will not endanger the public health and safety.

SEC. 311.

  Section 4861 of the Business and Professions Code is amended to read:

4861.
 One or more diversion evaluation committees is hereby authorized to be established by the board department. Each diversion evaluation committee shall be composed of five persons appointed by the board department.
Each diversion evaluation committee shall have the following composition:
(a) Three veterinarians licensed under this chapter. The board department in making its appointments shall give consideration to recommendations of veterinary associations and local veterinary societies and shall consider, among others, where appropriate, the appointment of veterinarians who have recovered from impairment or who have knowledge and expertise in the management of impairment.
(b) Two public members.
Each person appointed to a diversion evaluation committee shall have experience or knowledge in the evaluation or management of persons who are impaired due to alchohol alcohol or drug abuse.

It shall require the majority vote of the board to appoint a person to a diversion evaluation committee. Each

Each appointment shall be at the pleasure of the board department for a term not to exceed four years. In its discretion the board department may stagger the terms of the initial members appointed.
The board department may appoint a program director and other personnel as necessary to carry out provisions of this article.

SEC. 312.

  Section 4865 of the Business and Professions Code is amended to read:

4865.
 The board department shall administer the provisions of this article.

SEC. 313.

  Section 4866 of the Business and Professions Code is amended to read:

4866.
 (a) The board department shall establish criteria for the acceptance, denial, or termination of veterinarians and animal health technicians in a diversion program. Only those veterinarians and animal health technicians who have voluntarily requested diversion treatment and supervision by a diversion evaluation committee shall participate in a program.
(b) The board department shall establish criteria for the selection of administrative physicians who shall examine veterinarians and animal health technicians requesting diversion under a program. Any reports made under this article by the administrative physician shall constitute an exception to Sections 994 and 995 of the Evidence Code.
(c) The diversion program may accept no more than 100 participants who are licensees of the board department.

SEC. 314.

  Section 4868 of the Business and Professions Code is amended to read:

4868.
 Each diversion evaluation committee shall have the following duties and responsibilities:
(a) To evaluate those veterinarians and animal health technicians who request participation in the program according to the guidelines prescribed by the board department and to consider the recommendation of the administrative physician on the admission of the veterinarian or animal health technician to the diversion program.
(b) To review and designate those treatment facilities to which veterinarians and animal health technicians in a diversion program may be referred.
(c) To receive and review information concerning veterinarians and animal health technicians participating in the program.
(d) To call meetings as necessary to consider the requests of veterinarians and animal health technicians to participate in a diversion program, and to consider reports regarding veterinarians and animal health technicians participating in a program from an administrative physician, or from others.
(e) To consider in the case of each veterinarian and animal health technician participating in a program whether he or she may with safety continue or resume the practice of veterinary medicine or the assisting in the practice of veterinary medicine.
(f)  To set forth in writing for each veterinarian and animal health technician participating in a program a treatment program established for each such veterinarian and animal health technician with the requirements for supervision and surveillance.
(g) To hold a general meeting at least twice a year, which shall be open and public, to evaluate the program’s progress, to review data as required in reports to the board department, to prepare reports to be submitted to the board department, and to suggest proposals for changes in the diversion program.

SEC. 315.

  Section 4871 of the Business and Professions Code is amended to read:

4871.
 (a) After a diversion evaluation committee in its discretion has determined that a veterinarian or animal health technician has been rehabilitated and the diversion program is completed, the diversion evaluation committee shall purge and destroy all records pertaining to the veterinarian’s or animal health technician’s participation in a diversion program.
(b) All board department and diversion evaluation committee records and records of proceedings pertaining to the treatment of a veterinarian or animal health technician in a program shall be kept confidential and are not subject to discovery or subpoena.

SEC. 316.

  Section 4872 of the Business and Professions Code is amended to read:

4872.
 The board department shall provide for the representation of any persons making reports to a diversion evaluation committee or the board department under this article in any action for defamation.

SEC. 317.

  Section 4873 of the Business and Professions Code is amended to read:

4873.
 The board department shall charge each veterinarian and animal health technician who is accepted to participate in the diversion program a diversion program registration fee. The diversion program registration fee shall be set by the board department in an amount not to exceed sixteen hundred dollars ($1,600). In the event that the diversion program registration exceeds two hundred dollars ($200), the board department may provide for quarterly payments.

SEC. 318.

  Section 4875 of the Business and Professions Code is amended to read:

4875.
 The board department may revoke or suspend for a certain time the license of any person to practice veterinary medicine or any branch thereof in this state after notice and hearing for any of the causes provided in this article. In addition to its authority to suspend or revoke a license, the board department shall have the authority to assess a fine not in excess of five thousand dollars ($5,000) against a licensee for any of the causes specified in Section 4883. A fine may be assessed in lieu of or in addition to a suspension or revocation. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board department shall have all the powers granted therein. Notwithstanding the provisions of Section 4903, all fines collected pursuant to this section shall be deposited to the credit of the Veterinary Medical Board Contingent Fund.

SEC. 319.

  Section 4875.2 of the Business and Professions Code is amended to read:

4875.2.
 If, upon completion of an investigation, the executive officer has probable cause to believe that a veterinarian or an unlicensed person acting as a veterinarian has violated provisions of this chapter, he or she may issue a citation to the veterinarian or unlicensed person, as provided in this section. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of this chapter alleged to have been violated. In addition, each citation may contain an order of abatement fixing a reasonable time for abatement of the violation, and may contain an assessment of a civil penalty. The citation shall be served upon the veterinarian or unlicensed individual personally or by any type of mailing requiring a return receipt. Before any citation may be issued, the executive officer shall submit the alleged violation for review and investigation to at least one designee of the board department who is a veterinarian licensed in or employed by the state. The review shall include attempts to contact the veterinarian or unlicensed person to discuss and resolve the alleged violation. Upon conclusion of the board department designee’s review, the designee shall prepare a finding of fact and a recommendation. If the board department designee concludes that probable cause exists that the veterinarian or unlicensed person has violated any provisions of this chapter, a civil citation shall be issued to the veterinarian or unlicensed person.

SEC. 320.

  Section 4875.4 of the Business and Professions Code is amended to read:

4875.4.
 (a) The board department shall, in the manner prescribed in Section 4808, adopt regulations covering the assessment of civil penalties under this article which give due consideration to the appropriateness of the penalty with respect to the following factors:
(1) The gravity of the violation.
(2) The good faith of the person being charged.
(3) The history of previous violations.
(b) In no event shall the civil penalty for each citation issued be assessed in an amount greater than five thousand dollars ($5,000).
(c) Regulations adopted by the board department shall be pursuant to the procedures for citations and fines in accordance with Section 125.9.

SEC. 321.

  Section 4875.6 of the Business and Professions Code is amended to read:

4875.6.
 (a) If a veterinarian or an unlicensed person desires to administratively contest a civil citation or the proposed assessment of a civil penalty therefor, he or she shall, within 10 business days after receipt of the citation, notify the executive officer in writing of his or her request for an informal conference with the executive officer or his or her designee. The executive officer or his or her designee shall hold, within 60 days from the receipt of the request, an informal conference. At the conclusion of the informal conference, the executive officer may affirm, modify, or dismiss the citation or proposed assessment of a civil penalty, and he or she shall state with particularity in writing his or her reasons for the action, and shall immediately transmit a copy thereof to the board department, the veterinarian or unlicensed person, and the person who submitted the verified complaint. If the veterinarian or unlicensed person desires to administratively contest under subdivision (c) a decision made after the informal conference, he or she shall inform the executive officer in writing within 30 calendar days after he or she receives the decision resulting from the informal conference.
If the veterinarian or unlicensed person fails to notify the executive officer in writing that he or she intends to contest the citation or the proposed assessment of a civil penalty therefor or the decision made after an informal conference within the time specified in this subdivision, the citation or the proposed assessment of a civil penalty or the decision made after an informal conference shall be deemed a final order of the board department and shall not be subject to further administrative review.
Notwithstanding any other provision of law, where a fine is paid to satisfy an assessment based on the finding of a violation, payment of the fine shall be represented as satisfactory resolution of the matter for purposes of public disclosure.
(b) A veterinarian or an unlicensed person may, in lieu of contesting a citation pursuant to this section, transmit to the board department the amount assessed in the citation as a civil penalty, within 10 business days after receipt of the citation. An unlicensed person may notify the board department and file a petition for a writ of administrative mandamus under Section 1094.5 of the Code of Civil Procedure within 30 calendar days after receipt of the citation, without engaging in an informal conference or administrative hearing. If a petition is not filed pursuant to this section, payment of any fine shall not constitute an admission of the violation charged.
(c) If a veterinarian or an unlicensed person has notified the executive officer that he or she intends to administratively contest the decision made after the informal conference, the executive officer shall forward the matter to the Attorney General’s office who shall prepare a notice of appeal of the citation and civil penalty. After the hearing, the board department and administrative law judge shall issue a decision, based on findings of fact, affirming, modifying, or vacating the citation, or directing other appropriate relief which shall include, but need not be limited to, a notice that the failure of a veterinarian or unlicensed person to comply with any provision of the board’s department’s decision constitutes grounds for suspension, or denial of licensure, or both. The administrative proceedings under this section shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), and the board department shall have all the powers granted therein.
(d) After the exhaustion of the review procedures provided for in this section or if the time for all appeals has passed, the board department may bring an action in the appropriate court in the county in which the offense occurred to recover the civil penalty and obtain an order compelling the cited person to comply with the order of abatement. In that action, the complaint shall include a certified copy of the final order of the board department, together with the factual findings and determinations of the board department and administrative law judge. The findings shall be prima facie evidence of the facts stated therein, and in the absence of contrary evidence may serve as the basis for the issuance of the judgment and order.
(e) Failure of a licensee to pay a civil penalty within 30 days of the date of receipt of the assessment, unless the citation is being appealed, may result in disciplinary action being taken by the board department. When a citation is not contested and a civil penalty is not paid, the full amount of the assessed civil penalty shall be added to the fee for renewal of the license. A license shall not be renewed without payment of the renewal fee and civil penalty.
(f) Any civil penalties received under this chapter shall be deposited in the Veterinary Medical Board Contingent Fund.

SEC. 322.

  Section 4876 of the Business and Professions Code is amended to read:

4876.
 In addition to its authority to suspend or revoke a license, or assess a fine of a person licensed under this chapter, the board department shall have the authority to place a licensee on probation. The authority of the board department to discipline by placing the licensee on probation shall include, but is not limited to, the following:
(a) Requiring the licensee to complete a course of study or service, or both, as prescribed by the board department, and to demonstrate renewed competence to the satisfaction of the board department.
(b) Requiring the licensee to submit to a complete diagnostic examination by one or more physicians appointed by the board department. If the board department requires a licensee to submit to such an examination, the board department shall receive and consider any other report of a complete diagnostic examination given by one or more physicians of the licensee’s choice.
(c) Restricting or limiting the extent, scope, or type of practice of the licensee.

SEC. 323.

  Section 4881 of the Business and Professions Code is amended to read:

4881.
 The executive officer in all cases of suspension, revocation, or restriction of licenses or assessment of fines shall enter on the register the fact of suspension, revocation, restriction, or fine, as the case may be. The record of any suspension, revocation, restriction, or fine so made by the county clerks shall be prima facie evidence of the fact thereof, and of the regularity of all the proceedings of the board department in the matter of the suspension, revocation, restriction, or fine.

SEC. 324.

  Section 4883 of the Business and Professions Code is amended to read:

4883.
 The board department may deny, revoke, or suspend a license or assess a fine as provided in Section 4875 for any of the following:
(a) Conviction of a crime substantially related to the qualifications, functions, or duties of veterinary medicine, surgery, or dentistry, in which case the record of the conviction shall be conclusive evidence.
(b) For having professional connection with, or lending one’s name to, any illegal practitioner of veterinary medicine and the various branches thereof.
(c) Violation or attempting to violate, directly or indirectly, any of the provisions of this chapter.
(d) Fraud or dishonesty in applying, treating, or reporting on tuberculin or other biological tests.
(e) Employment of anyone but a veterinarian licensed in the state to demonstrate the use of biologics in the treatment of animals.
(f) False or misleading advertising.
(g) Unprofessional conduct, that includes, but is not limited to, the following:
(1) Conviction of a charge of violating any federal statutes or rules or any statute or rule of this state regulating dangerous drugs or controlled substances. The record of the conviction is conclusive evidence thereof. A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section. The board department may order the license suspended or revoked, or assess a fine, or decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment.
(2) (A) The use of or prescribing for or administering to himself or herself, any controlled substance.
(B) The use of any of the dangerous drugs specified in Section 4022, or of alcoholic beverages to the extent, or in any manner as to be dangerous or injurious to a person licensed under this chapter, or to any other person or to the public, or to the extent that the use impairs the ability of the person so licensed to conduct with safety the practice authorized by the license.
(C) The conviction of more than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in this section or any combination thereof, and the record of the conviction is conclusive evidence.
A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section. The board department may order the license suspended or revoked or assess a fine, or may decline to issue a license, when the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(3) A violation of any federal statute, rule, or regulation or any of the statutes, rules, or regulations of this state regulating dangerous drugs or controlled substances.
(h) Failure to keep one’s premises and all equipment therein in a clean and sanitary condition.
(i) Fraud, deception, negligence, or incompetence in the practice of veterinary medicine.
(j) Aiding or abetting in any acts that are in violation of any of the provisions of this chapter.
(k) The employment of fraud, misrepresentation, or deception in obtaining the license.
(l) The revocation, suspension, or other discipline by another state or territory of a license or certificate to practice veterinary medicine in that state or territory.
(m) Cruelty to animals, conviction on a charge of cruelty to animals, or both.
(n) Disciplinary action taken by any public agency in any state or territory for any act substantially related to the practice of veterinary medicine.
(o) Violation, or the assisting or abetting violation, of any regulations adopted by the board department pursuant to this chapter.

SEC. 325.

  Section 4885 of the Business and Professions Code is amended to read:

4885.
 A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge of a felony or of any offense related to the practice of veterinary medicine is deemed to be a conviction within the meaning of this article. The board department may order the license suspended or revoked, or assess a fine as provided in Section 4883 or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment.

SEC. 326.

  Section 4886 of the Business and Professions Code is amended to read:

4886.
 In reinstating a license which has been revoked or suspended under Section 4883, the board department may impose terms and conditions to be followed by the licensee after the certificate has been reinstated. The authority of the board department to impose terms and conditions includes, but is not limited to, the following:
(a) Requiring the licensee to obtain additional professional training and to pass an examination upon completion of the training.
(b) Requiring the licensee to pass an oral, written, practical , or clinical examination, or any combination thereof to determine his or her present fitness to engage in the practice of veterinary medicine.
(c) Requiring the licensee to submit to a complete diagnostic examination by one or more physicians appointed by the board department. If the board department requires the licensee to submit to such an examination, the board department shall receive and consider any other report of a complete diagnostic examination given by one or more physicians of the licensee’s choice.
(d) Restricting or limiting the extent, scope, or type of practice of the licensee.

SEC. 327.

  Section 4887 of the Business and Professions Code is amended to read:

4887.
 A person whose license has been revoked or who has been placed on probation may petition the board department for reinstatement or modification of penalty including modification or termination of probation after a period of not less than one year has elapsed from the effective date of the decision ordering such disciplinary action. The petition shall state such facts as may be required by the board department.
The petition shall be accompanied by at least two verified recommendations from veterinarians licensed by the board department who have personal knowledge of the activities of the petitioner since the disciplinary penalty was imposed. The petition shall be heard by the board department. The board department may consider all activities of the petitioner since the discipinary disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioner’s activities since the certificate was in good standing, and the petitioner’s rehabilitation efforts, general reputation for truth, and professional ability. The hearing may be continued from time to time as the board department finds necessary.
The board department reinstating the license or modifying a penalty may impose such terms and conditions as it determines necessary. To reinstate a revoked certificate or to otherwise reduce a penalty or modify probation shall require a vote of four of the members of determination by the board department.
The petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. The board department may deny without a hearing or argument any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section.

SEC. 328.

  Section 4900 of the Business and Professions Code is amended to read:

4900.
 (a) All veterinary licenses and animal health technician certificates shall expire at 12 midnight of the last day of the birth month of the licensee or certificate holder during the second year of a two-year term if not renewed.
(b) The board department shall establish by regulation procedures for the administration of a birthdate renewal program, including, but not limited to, the establishment of a system of staggered license and certificate expiration dates and a pro rata formula for the payment of renewal fees by veterinarians and animal health technicians affected by the implementation of the program.
(c) To renew an unexpired license or certificate, the licensee or certificate holder shall, on or before the date of expiration of the license or certificate, apply for renewal on a form provided by the board department, accompanied by the prescribed renewal fee.
(d) Renewal under this section shall be effective on the date on which the application is filed, on the date on which the renewal fee is paid, or on the date on which the delinquency fee, if any, is paid, whichever occurs last. If so renewed, the license or certificate shall continue in effect through the expiration date provided in this section which next occurs after the effective date of the renewal, when it shall expire, if it is not again renewed.

SEC. 329.

  Section 4901 of the Business and Professions Code is amended to read:

4901.
 Except as otherwise provided in this chapter, an expired license may be renewed at any time within five years after its expiration on filing of an application for renewal on a form prescribed by the board department, and payment of all accrued and unpaid renewal fees. If the license is renewed more than 30 days after its expiration, the licensee, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which all renewal fees are paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license shall continue in effect through the expiration date provided in Section 4900 that next occurs after the effective date of the renewal, when it shall expire if it is not again renewed.

SEC. 330.

  Section 4902 of the Business and Professions Code is amended to read:

4902.
 A person who fails to renew his or her license within five years after its expiration may not renew it, and it shall not be restored, reissued, or reinstated thereafter, but such person may apply for and obtain a new license if:
(a) He or she is not subject to denial of licensure under Section 480.
(b) He or she takes and passes the examination, if any, which would be required of him or her if he or she were then applying for a license for the first time, or otherwise establishes to the satisfaction of the board department that, with due regard for the public interest, he or she is qualified to practice veterinary medicine, and medicine.
(c) He or she pays all of the fees that would be required of him or her if he or she were then applying for the license for the first time.
The board department may, by regulation, provide for the waiver or refund of all or any part of the examination fee in those cases in which a license is issued without an examination pursuant to the provisions of this section.

SEC. 331.

  Section 4904 of the Business and Professions Code is amended to read:

4904.
 All fees collected on behalf of the board department and all receipts of every kind and nature shall be reported each month for the month preceding to the State Controller and at the same time the entire amount shall be paid into the State Treasury and shall be credited to the Veterinary Medical Board Contingent Fund. This contingent fund shall be for the use of the Veterinary Medical Board department and out of it and not otherwise shall be paid all expenses of the board department.

SEC. 332.

  Section 4905 of the Business and Professions Code is amended to read:

4905.
 The following fees shall be collected by the board department and shall be credited to the Veterinary Medical Board Contingent Fund:
(a) The fee for filing an application for examination shall be set by the board department in an amount it determines is reasonably necessary to provide sufficient funds to carry out the purpose of this chapter, not to exceed one hundred dollars ($100).
(b) The fee for the licensing examination shall be set by the board department in an amount it determines is reasonably necessary to provide sufficient funds to carry out the purpose of this chapter, not to exceed three hundred twenty-five dollars ($325).
(c) The fee for the California state board examination shall be set by the board department in an amount it determines is reasonably necessary to provide sufficient funds to carry out the purpose of this chapter, not to exceed one hundred fifty dollars ($150).
(d) The fee for the Veterinary Medicine Practice Act examination shall be set by the board department in an amount it determines reasonably necessary to provide sufficient funds to carry out the purpose of this chapter, not to exceed fifty dollars ($50).
(e) The initial license fee shall be set by the board department not to exceed two hundred fifty dollars ($250) except that, if the license is issued less than one year before the date on which it will expire, then the fee shall be set by the board department at not to exceed one hundred twenty-five dollars ($125). The board department may, by appropriate regulation, provide for the waiver or refund of the initial license fee where the license is issued less than 45 days before the date on which it will expire.
(f) The renewal fee shall be set by the board department for each biennial renewal period in an amount it determines is reasonably necessary to provide sufficient funds to carry out the purpose of this chapter, not to exceed two hundred fifty dollars ($250).
(g) The temporary license fee shall be set by the board department in an amount it determines is reasonably necessary to provide sufficient funds to carry out the purpose of this chapter, not to exceed one hundred twenty-five dollars ($125).
(h) The delinquency fee shall be set by the board department, not to exceed twenty-five dollars ($25).
(i) The fee for issuance of a duplicate license is ten dollars ($10).
(j) The board department may make a charge for records, transcripts, and other official documents pertaining to the affairs of the board.
(k) The fee for failure to report a change in the mailing address is fifteen dollars ($15).
(l) The initial and annual renewal fees for registration of veterinary premises shall be set by the board department in an amount not to exceed one hundred dollars ($100) annually.
(m) If the money transferred from the Veterinary Medical Board Contingent Fund to the General Fund pursuant to the Budget Act of 1991 is redeposited into the Veterinary Medical Board Contingent Fund, the fees assessed by the board department shall be reduced correspondingly. However, the reduction shall not be so great as to cause the Veterinary Medical Board Contingent Fund to have a reserve of less than three months of annual authorized board department expenditures. The fees set by the board department shall not result in a Veterinary Medical Board Contingent Fund reserve of more than 10 months of annual authorized board department expenditures.

SEC. 333.

  Section 4916 of the Business and Professions Code is amended to read:

4916.
 The board department may formulate and enforce rules and regulations to carry out the purposes and the objectives of this article, including rules and regulations requiring (1) that the articles of incorporation or bylaws of a veterinary corporation shall include a provision whereby the capital stock of the corporation owned by a disqualified person (as defined in Section 13401 of the Corporations Code), or a deceased person, shall be sold to the corporation or to the remaining shareholders of the corporation within such time as such rules and regulations may provide, and (2) that a veterinary corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services.

SEC. 334.

  Section 4925 of the Business and Professions Code is amended to read:

4925.
 (a) This chapter constitutes the chapter on acupuncture of the Business and Professions Code.
This chapter shall be known and may be cited as the Acupuncture Licensure Act. Whenever a reference is made to the Acupuncture Licensure Act by the provisions of any statute, it is to be construed as referring to the provisions of this chapter.
(b) Any reference in this chapter, or to the regulations pertaining thereto, to “certificate” or “certification” shall hereafter mean “license” or “licensure.” Any reference to the term “certifying” means “licensing,” and the term “certificate holder” means “licensee.” Any reference to the “Acupuncture Committee” or “committee” means the “Acupuncture Board” or “board.” “board” means the Department of Consumer Affairs.

SEC. 335.

  Section 4927 of the Business and Professions Code is amended to read:

4927.
 As used in this chapter, unless the context otherwise requires:
(a)  “Board” means the Acupuncture ¿Board” “Department” means the Department of Consumer Affairs.
(b) “Person” means any individual, organization, or corporate body, except that only individuals may be licensed under this chapter.
(c) “Acupuncturist” means an individual to whom a license has been issued to practice acupuncture pursuant to this chapter, which is in effect and is not suspended or revoked.
(d) “Acupuncture” means the stimulation of a certain point or points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control, for the treatment of certain diseases or dysfunctions of the body and includes the techniques of electroacupuncture, cupping, and moxibustion.

SEC. 336.

  Section 4928 of the Business and Professions Code is amended to read:

4928.
 The Acupuncture Board, which consists of seven members, department shall enforce and administer this chapter. The appointing powers, as described in Section 4929, may appoint to the board a person who was a member of the prior board prior to the repeal of that board on January 1, 2006.
This section shall become inoperative on July 1, 2009, and, as of January 1, 2010, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2010, deletes or extends the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board this chapter subject to the review required by Division 1.2 (commencing with Section 473).

SEC. 337.

  Section 4928.1 of the Business and Professions Code is amended to read:

4928.1.
 Protection of the public shall be the highest priority for the Acupuncture Board department in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

SEC. 338.

  Section 4929 of the Business and Professions Code is repealed.
4929.

Three members of the board shall be acupuncturists with at least five years of experience in acupuncture and four members shall be public members who do not hold a license or certificate as a physician and surgeon or acupuncturist. The acupuncturist members shall be appointed to represent a cross section of the cultural backgrounds of licensed members of the acupuncturist profession.

The Governor shall appoint the three acupuncturist members and two of the public members. All members appointed to the board by the Governor shall be subject to confirmation by the Senate. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member. Any member of the board may be removed by the appointing power for neglect of duty, misconduct, or malfeasance in office, after being provided with a written statement of the charges and an opportunity to be heard.

SEC. 339.

  Section 4930 of the Business and Professions Code is repealed.
4930.

Each member of the board shall be appointed for a term of four years.

SEC. 340.

  Section 4931 of the Business and Professions Code is repealed.
4931.

Each member of the board shall receive per diem and expenses as provided in Section 103.

SEC. 341.

  Section 4933 of the Business and Professions Code is amended to read:

4933.
 (a) The board department shall administer this chapter.
(b) The board department may adopt, amend, or repeal, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), regulations as may be necessary to enable it to carry into effect the provisions of law relating to the practice of acupuncture.

(c)Five members of the board shall constitute a quorum to conduct business.

(d)It shall require an affirmative vote of a majority of those present at a meeting of the board to take any action or pass any motion.

SEC. 342.

  Section 4934 of the Business and Professions Code is amended to read:

4934.
 (a) The board, by and with the approval of the director, department may employ personnel necessary for the administration of this chapter, and the board, by and with the approval of the director, may appoint an executive officer who is exempt from the provisions of the Civil Service Act.
(b) This section shall become inoperative on July 1, 2009, and, as of January 1, 2010, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2010, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 343.

  Section 4934.1 of the Business and Professions Code is repealed.
4934.1.

(a)The Legislature requests the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy to conduct a comprehensive analysis consisting of the following reviews and evaluations and shall report their findings and recommendations to the Legislature by September 1, 2004:

(1)Review and make recommendations on the scope of practice for acupuncturists.

(2)Review and make recommendations on the educational requirements for acupuncturists.

(3)Evaluate the national examination, administered by the National Certification Commission for Acupuncture and Oriental Medicine, and make recommendations as to whether or not the national examination should be offered in California in lieu of, or as part of, the state examination.

(4)Evaluate and make recommendations on the approval process of the Accreditation Commission of Acupuncture and Oriental Medicine, the approval process of the Bureau for Private Postsecondary Education, and the board’s approval process.

(b)The board shall pay for all of the costs associated with the comprehensive analysis. An amount to pay for all of the costs associated with the comprehensive analysis, up to two hundred fifty thousand dollars ($250,000), is hereby appropriated to the board from the Acupuncture Fund.

SEC. 344.

  Section 4934.2 of the Business and Professions Code is repealed.
4934.2.

The board shall conduct the following studies and reviews, and shall report its findings and recommendations to the department and the Joint Committee on Boards, Commissions, and Consumer Protection no later that September 1, 2004:

(a)The board shall conduct a comprehensive study of the use of unlicensed acupuncture assistants and the need to license and regulate those assistants.

(b)The board shall study and recommend ways to improve the frequency and consistency of their auditing and the quality and relevance of their courses.

SEC. 345.

  Section 4935 of the Business and Professions Code is amended to read:

4935.
 (a) (1) It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) and not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for any person who does not hold a current and valid license to practice acupuncture under this chapter or to hold himself or herself out as practicing or engaging in the practice of acupuncture.
(2) It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) and not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for any person to fraudulently buy, sell, or obtain a license to practice acupuncture, or to violate the provisions of this chapter.
(b) Notwithstanding any other provision of law, any person, other than a physician and surgeon, a dentist, or a podiatrist, who is not licensed under this article but is licensed under Division 2 (commencing with Section 500), who practices acupuncture involving the application of a needle to the human body, performs any acupuncture technique or method involving the application of a needle to the human body, or directs, manages, or supervises another person in performing acupuncture involving the application of a needle to the human body is guilty of a misdemeanor.
(c) A person holds himself or herself out as engaging in the practice of acupuncture by the use of any title or description of services incorporating the words “acupuncture,” “acupuncturist,” “certified acupuncturist,” “licensed acupuncturist,” “Asian medicine,” “oriental medicine,” or any combination of those words, phrases, or abbreviations of those words or phrases, or by representing that he or she is trained, experienced, or an expert in the field of acupuncture, Asian medicine, or Chinese medicine.
(d) Subdivision (a) shall not prohibit a person from administering acupuncture treatment as part of his or her educational training if he or she:
(1) Is engaged in a course or tutorial program in acupuncture, as provided in this chapter; or
(2) Is a graduate of a school of acupuncture approved by the board department and participating in a postgraduate review course that does not exceed one year in duration at a school approved by the board department.

SEC. 346.

  Section 4938 of the Business and Professions Code is amended to read:

4938.
 The board department shall issue a license to practice acupuncture to any person who makes an application and meets the following requirements:
(a) Is at least 18 years of age.
(b) Furnishes satisfactory evidence of completion of one of the following:
(1) An educational and training program approved by the board department pursuant to Section 4939.
(2) Satisfactory completion of a tutorial program in the practice of an acupuncturist which is approved by the board department.
(3) In the case of an applicant who has completed education and training outside the United States and Canada, documented educational training and clinical experience which meets the standards established pursuant to Sections 4939 and 4941.
(c) Passes a written examination administered by the board department that tests the applicant’s ability, competency, and knowledge in the practice of an acupuncturist. The written examination shall be developed by the Office of Examination Resources of the Department of Consumer Affairs.
(d) Is not subject to denial pursuant to Division 1.5 (commencing with Section 475).
(e) Completes a clinical internship training program approved by the board department. The clinical internship training program shall not exceed nine months in duration and shall be located in a clinic in this state, which is approved by the board department pursuant to Section 4939. The length of the clinical internship shall depend upon the grades received in the examination and the clinical training already satisfactorily completed by the individual prior to taking the examination. On and after January 1, 1987, individuals with 800 or more hours of documented clinical training shall be deemed to have met this requirement. The purpose of the clinical internship training program shall be to assure a minimum level of clinical competence.
Each applicant who qualifies for a license shall pay, as a condition precedent to its issuance and in addition to other fees required, the initial licensure fee.

SEC. 347.

  Section 4939 of the Business and Professions Code is amended to read:

4939.
 (a) On or before January 1, 2004, the board department shall establish standards for the approval of schools and colleges offering education and training in the practice of an acupuncturist, including standards for the faculty in those schools and colleges and tutorial programs, completion of which will satisfy the requirements of Section 4938.
(b) Standards for the approval of training programs shall include a minimum of 3,000 hours of study in curriculum pertaining to the practice of an acupuncturist. This subdivision shall apply to all students entering programs on or after January 1, 2005.
(c) Within three years of initial approval by the board department, each program so approved by the board department shall receive full institutional approval under Article 3.5 (commencing with Section 94760) of Chapter 7 of Part 59 of the Education Code in the field of traditional Asian medicine, or in the case of institutions located outside of this state, approval by the appropriate governmental educational authority using standards equivalent to those of Article 3.5 (commencing with Section 94760) of Chapter 7 of Part 59 of the Education Code, or the board’s department’s approval of the program shall automatically lapse.

SEC. 348.

  Section 4940 of the Business and Professions Code is amended to read:

4940.
 (a) The board department shall establish standards for the approval of tutorial programs for education and training in the practice of acupuncture, that satisfy the requirements of Section 4938. The board department shall also establish standards for the approved supervising acupuncturists.
(b) An acupuncturist shall be approved to supervise a trainee, provided the supervisor meets the following conditions:
(1) Is licensed to practice acupuncture in this state and that license is current, valid, and has not been suspended or revoked or otherwise subject to disciplinary action.
(2) Has filed an application with the board department.
(3) Files with the board department the name of each trainee to be trained or employed and a training program satisfactory to the board department.
(4) Does not train or employ more than two acupuncture trainees at any one time.
(5) Has at least 10 years of experience practicing as an acupuncturist and has been licensed in this state for at least five years.
(6) Is found by the board department to have the knowledge necessary to educate and train the trainee in the practice of an acupuncturist.
The amendments made to this section at the 1993 portion of the 1993–94 Regular Session of the Legislature shall not affect the approval of any supervising acupuncturist which has been issued prior to the effective date of those amendments.

SEC. 349.

  Section 4941 of the Business and Professions Code is amended to read:

4941.
 In reviewing applications for licensure based upon the completion of a tutorial program in acupuncture, the board department may provide that credit is granted for relevant prior training and experience when that training or experience otherwise meets the standards set by the board department.

SEC. 350.

  Section 4944 of the Business and Professions Code is amended to read:

4944.
 (a) The board department shall have the authority to investigate and evaluate each and every applicant applying for a license to practice acupuncture and to make the final determination of the admission of the applicant to the examination, or for the issuance of a license, in conformance with the provisions of this chapter.
(b) The board department shall investigate and evaluate each school or college applying for approval under Section 4939 and may utilize and contract with consultants to evaluate those training programs.
(c) The board department may delegate to the executive officer or other another official of the board department its authority under this section in routine matters.

SEC. 351.

  Section 4945 of the Business and Professions Code, as amended by Section 1 of Chapter 648 of the Statutes of 2000, is amended to read:

4945.
 (a) The board department shall establish standards for continuing education for acupuncturists.
(b) The board department shall require each acupuncturist to complete 50 hours of continuing education every two years as a condition for renewal of his or her license. No more than five hours of continuing education in each two-year period may be spent on issues unrelated to clinical matters or the actual provision of health care to patients. A provider of continuing education shall apply to the board department for approval to offer continuing education courses for credit toward this requirement on a form developed by the board department, shall pay a fee covering the cost of approval and for the monitoring of the provider by the board department and shall set forth the following information on the application:
(1) Course content.
(2) Test criteria.
(3) Hours of continuing education credit requested for the course.
(4) Experience and training of instructors.
(5) Other information as required by the board department.
(6) That interpreters or bilingual instruction will be made available, when necessary.
(c) Licensees residing out of state or out of the country shall comply with the continuing education requirements.
(d) Providers of continuing education shall be monitored by the board department as determined by the board department.
(e) If the board department determines that any acupuncturist has not obtained the required number of hours of continuing education, it may renew the acupuncturist’s license and require that the deficient hours of continuing education be made up during the following renewal period in addition to the current continuing education required for that period. If any acupuncturist fails to make up the deficient hours and complete the current requirement of hours of continuing education during the subsequent renewal period, then his or her license to practice acupuncture shall not be renewed until all the required hours are completed and documented to the board department.

SEC. 352.

  Section 4945 of the Business and Professions Code, as amended by Section 15 of Chapter 983 of the Statutes of 1991, is repealed.
4945.

(a)The committee shall establish standards for continuing education for acupuncturists.

(b)The committee shall require each acupuncturist to complete 15 hours of continuing education every year as a condition for renewal of his or her certificate. A provider of continuing education shall apply to the committee for approval to offer continuing education courses for credit toward this requirement on a form developed by the committee, shall pay a fee covering the cost of approval and for the monitoring of the provider by the committee and shall set forth the following information on the application:

(1)Course content.

(2)Test criteria.

(3)Hours of continuing education credit requested for the course.

(4)Experience and training of instructors.

(5)Other information as required by the committee.

(6)That interpreters or bilingual instruction will be made available, when necessary.

(c)Licensees residing out of state or out of the country shall comply with the continuing education requirements.

(d)Providers of continuing education shall be monitored by the committee as determined by the committee.

(e)If the committee determines that any acupuncturist has not obtained the required number of hours of continuing education, it may renew the acupuncturist’s license and require that the deficient hours of continuing education be made up during the following renewal period in addition to the current continuing education required for that period. If any acupuncturist fails to make up the deficient hours and complete the current requirement of hours of continuing education during the subsequent renewal period, then his or her license to practice acupuncture shall not be renewed until all the required hours are completed and documented to the committee.

(f)This section shall remain in effect only until January 1, 1996, and shall have no force or effect on or after that date, unless a later enacted statute, which is enacted before January 1, 1996, deletes or extends that date.

SEC. 353.

  Section 4974 of the Business and Professions Code is amended to read:

4974.
 The board department shall report to the Controller at the beginning of each month for the month preceding the amount and source of all revenue received by it pursuant to this chapter, and shall pay the entire amount thereof to the Treasurer for deposit in the Acupuncture Fund, which fund is created to carry out the provisions of this chapter.

SEC. 354.

  Section 4979 of the Business and Professions Code is amended to read:

4979.
 The board department may adopt and enforce regulations to carry out the purposes and objectives of this article, including, but not limited to, regulations requiring (a) that the bylaws of an acupuncture corporation shall include a provision whereby the capital stock of the corporation owned by a disqualified person (as defined in Section 13401 of the Corporations Code), or a deceased person, shall be sold to the corporation or to the remaining shareholders of the corporation within the time the regulations may provide, and (b) that an acupuncture corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services.

SEC. 355.

  Section 4980.03 of the Business and Professions Code is amended to read:

4980.03.
 (a)  “Board,” “Director” or “department” as used in this chapter, means the Board of Behavioral Sciences Department of Consumer Affairs and its director. Whenever “Board of Behavioral Sciences” is used in any law or regulation of this state it shall mean the Department of Consumer Affairs. Any reference to the executive officer shall be deemed to be a reference to the director or his or her designee.
(b) “Intern,” as used in this chapter, means an unlicensed person who has earned his or her master’s or doctor’s degree qualifying him or her for licensure and is registered with the board department.
(c) “Trainee,” as used in this chapter, means an unlicensed person who is currently enrolled in a master’s or doctor’s degree program, as specified in Section 4980.40, that is designed to qualify him or her for licensure under this chapter, and who has completed no less than 12 semester units or 18 quarter units of coursework in any qualifying degree program.
(d) “Applicant,” as used in this chapter, means an unlicensed person who has completed a master’s or doctoral degree program, as specified in Section 4980.40, and whose application for registration as an intern is pending, or an unlicensed person who has completed the requirements for licensure as specified in this chapter, is no longer registered with the board department as an intern, and is currently in the examination process.
(e) “Advertise,” as used in this chapter, includes, but is not limited to, the issuance of any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or in any newspaper or magazine or in any directory, or any printed matter whatsoever, with or without any limiting qualification. It also includes business solicitations communicated by radio or television broadcasting. Signs within church buildings or notices in church bulletins mailed to a congregation shall not be construed as advertising within the meaning of this chapter.
(f) “Experience,” as used in this chapter, means experience in interpersonal relationships, psychotherapy, marriage and family therapy, and professional enrichment activities that satisfies the requirement for licensure as a marriage and family therapist pursuant to Section 4980.40.
(g) “Supervisor,” as used in this chapter, means an individual who meets all of the following requirements:
(1) Has been licensed by a state regulatory agency for at least two years as a marriage and family therapist, licensed clinical social worker, licensed psychologist, or licensed physician certified in psychiatry by the American Board of Psychiatry and Neurology.
(2) Has not provided therapeutic services to the trainee or intern.
(3) Has a current and valid license that is not under suspension or probation.
(4) Complies with supervision requirements established by this chapter and by board department regulations.

SEC. 356.

  Section 4980.07 of the Business and Professions Code is amended to read:

4980.07.
 The board department shall administer the provisions of this chapter.

SEC. 357.

  Section 4980.30 of the Business and Professions Code is amended to read:

4980.30.
 Except as otherwise provided herein, a person desiring to practice and to advertise the performance of marriage and family therapy services shall apply to the board department for a license and shall pay the license fee required by this chapter.

SEC. 358.

  Section 4980.34 of the Business and Professions Code is amended to read:

4980.34.
 It is the intent of the Legislature that the board department employ its resources for each and all of the following functions:
(a) The licensing of marriage and family therapists, clinical social workers, and educational psychologists.
(b) The development and administration of licensing examinations and examination procedures, as specified, consistent with prevailing standards for the validation and use of licensing and certification tests. Examinations shall measure knowledge and abilities demonstrably important to the safe, effective practice of the profession.
(c) Enforcement of laws designed to protect the public from incompetent, unethical, or unprofessional practitioners.
(d) Consumer education.

SEC. 359.

  Section 4980.35 of the Business and Professions Code is amended to read:

4980.35.
 (a) The Legislature acknowledges that the basic obligation to provide a complete and accurate application for a marriage and family therapist license lies with the applicant. At the same time, the Legislature recognizes that an effort should be made by the board department to ensure that persons who enter degree programs and supervisorial training settings that meet the requirements of this chapter are enabled to discern the requirements for licensing and to take the examination when they have completed their educational and experience requirements.
(b) In order that the board department, the educational institutions, and the supervisors who monitor the education and experience of applicants for licensure may develop greater cooperation, the board department shall do all of the following:
(1) Apply a portion of its limited resources specifically to the task of communicating information about its activities, the requirements and qualifications for licensure, and the practice of marriage and family therapy to the relevant educational institutions, supervisors, professional associations, applicants, trainees, interns, and the consuming public.
(2) Develop policies and procedures to assist educational institutions in meeting the curricula requirements of Section 4980.40 and any regulations adopted pursuant to that section, so that those educational institutions may better provide assurance to their students that the curriculum offered to fulfill the educational requirements for licensure will meet those requirements at the time of the student’s application for licensure.
(3) Notify applicants in the application procedure when applications are incomplete, inaccurate, or deficient, and inform applicants of any remediation, reconsideration, or appeal procedures that may be applicable.
(4) Undertake, or cause to be undertaken, further comprehensive review, in consultation with educational institutions, professional associations, supervisors, interns, and trainees, of the supervision of interns and trainees, which shall include, but not be limited to, the following, and shall propose regulations regarding the supervision of interns and trainees which may include, but not be limited to, the following:
(A) Supervisor qualifications.
(B) Continuing education requirements of supervisors.
(C) Registration or licensing of supervisors, or both.
(D) Responsibilities of supervisors in general.
(E) The board’s department’s authority in cases of noncompliance or negligence by supervisors.
(F) The intern’s and trainee’s need for guidance in selecting well-balanced and high quality professional training opportunities within his or her community.
(G) The role of the supervisor in advising and encouraging his or her intern or trainee regarding the necessity or value and appropriateness of the intern or trainee engaging in personal psychotherapy, so as to enable the intern or trainee to become a more competent marriage and family therapist.

SEC. 360.

  Section 4980.38 of the Business and Professions Code is amended to read:

4980.38.
 (a) Each educational institution preparing applicants to qualify for licensure shall notify each of its students by means of its public documents or otherwise in writing that its degree program is designed to meet the requirements of Sections 4980.37 and 4980.40, and shall certify to the board department that it has so notified its students.
(b) In addition to all of the other requirements for licensure, each applicant shall submit to the board department a certification by the chief academic officer, or his or her designee, of the applicant’s educational institution that the applicant has fulfilled the requirements enumerated in Sections 4980.37 and 4980.40, and subdivisions (d) and (e) of Section 4980.41.

SEC. 361.

  Section 4980.39 of the Business and Professions Code is amended to read:

4980.39.
 (a) Any applicant for licensure as a marriage and family therapist who began graduate study on or after January 1, 2004, shall complete, as a condition of licensure, a minimum of 10 contact hours of coursework in aging and long-term care, which could include, but is not limited to, the biological, social, and psychological aspects of aging.
(b) Coursework taken in fulfillment of other educational requirements for licensure pursuant to this chapter, or in a separate course of study, may, at the discretion of the board department, fulfill the requirements of this section.
(c) In order to satisfy the coursework requirement of this section, the applicant shall submit to the board department a certification from the chief academic officer of the educational institution from which the applicant graduated stating that the coursework required by this section is included within the institution’s required curriculum for graduation, or within the coursework, that was completed by the applicant.
(d) The board department shall not issue a license to the applicant until the applicant has met the requirements of this section.

SEC. 362.

  Section 4980.395 of the Business and Professions Code is amended to read:

4980.395.
 (a) A licensee who began graduate study prior to January 1, 2004, shall complete a three-hour continuing education course in aging and long-term care during his or her first renewal period after the operative date of this section and shall submit to the board department evidence, acceptable to the board department, of the person’s satisfactory completion of the course.
(b) The course shall include, but is not limited to, the biological, social, and psychological aspects of aging.
(c) A person seeking to meet the requirements of subdivision (a) of this section may submit to the board department a certificate evidencing completion of equivalent courses in aging and long-term care taken prior to the operative date of this section, or proof of equivalent teaching or practice experience. The board department, in its discretion, may accept that certification as meeting the requirements of this section.
(d) The board department may not renew an applicant’s license until the applicant has met the requirements of this section.
(e) Continuing education courses taken pursuant to this section shall be applied to the 36 hours of approved continuing education required in Section 4980.54.
(f) This section shall become operative on January 1, 2005.

SEC. 363.

  Section 4980.40 of the Business and Professions Code is amended to read:

4980.40.
 To qualify for a license, an applicant shall have all the following qualifications:
(a) Applicants shall possess a doctor’s or master’s degree in marriage, family, and child counseling, marital and family therapy, psychology, clinical psychology, counseling psychology, or counseling with an emphasis in either marriage, family, and child counseling or marriage and family therapy, obtained from a school, college, or university accredited by the Western Association of Schools and Colleges, or approved by the Bureau for Private Postsecondary and Vocational Education. The board department has the authority to make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements, regardless of accreditation or approval. In order to qualify for licensure pursuant to this subdivision, a doctor’s or master’s degree program shall be a single, integrated program primarily designed to train marriage and family therapists and shall contain no less than 48 semester or 72 quarter units of instruction. The instruction shall include no less than 12 semester units or 18 quarter units of coursework in the areas of marriage, family, and child counseling, and marital and family systems approaches to treatment.
The coursework shall include all of the following areas:
(1) The salient theories of a variety of psychotherapeutic orientations directly related to marriage and family therapy, and marital and family systems approaches to treatment.
(2) Theories of marriage and family therapy and how they can be utilized in order to intervene therapeutically with couples, families, adults, children, and groups.
(3) Developmental issues and life events from infancy to old age and their effect upon individuals, couples, and family relationships. This may include coursework that focuses on specific family life events and the psychological, psychotherapeutic, and health implications that arise within couples and families, including, but not limited to, childbirth, child rearing, childhood, adolescence, adulthood, marriage, divorce, blended families, stepparenting, and geropsychology.
(4) A variety of approaches to the treatment of children.
The board department shall, by regulation, set forth the subjects of instruction required in this subdivision.
(b) (1) In addition to the 12 semester or 18 quarter units of coursework specified above, the doctor’s or master’s degree program shall contain not less than six semester or nine quarter units of supervised practicum in applied psychotherapeutic techniques, assessment, diagnosis, prognosis, and treatment of premarital, couple, family, and child relationships, including dysfunctions, healthy functioning, health promotion, and illness prevention, in a supervised clinical placement that provides supervised fieldwork experience within the scope of practice of a marriage and family therapist.
(2) For applicants who enrolled in a degree program on or after January 1, 1995, the practicum shall include a minimum of 150 hours of face-to-face experience counseling individuals, couples, families, or groups.
(3) The practicum hours shall be considered as part of the 48 semester or 72 quarter unit requirement.
(c) As an alternative to meeting the qualifications specified in subdivision (a), the board department shall accept as equivalent degrees, those master’s or doctor’s degrees granted by educational institutions whose degree program is approved by the Commission on Accreditation for Marriage and Family Therapy Education.
(d) All applicants shall, in addition, complete the coursework or training specified in Section 4980.41.
(e) All applicants shall be at least 18 years of age.
(f) All applicants shall have at least two years of experience that meet the requirements of Section 4980.43.
(g) The applicant shall pass a board department administered written or oral examination or both types of examinations, except that an applicant who passed a written examination and who has not taken and passed an oral examination shall instead be required to take and pass a clinical vignette written examination.
(h) The applicant shall not have committed acts or crimes constituting grounds for denial of licensure under Section 480. The board department shall not issue a registration or license to any person who has been convicted of a crime in this or another state or in a territory of the United States that involves sexual abuse of children or who is required to register pursuant to Section 290 of the Penal Code or the equivalent in another state or territory.
(i) An applicant for licensure trained in an educational institution outside the United States shall demonstrate to the satisfaction of the board department that he or she possesses a qualifying degree that is equivalent to a degree earned from a school, college, or university accredited by the Western Association of Schools and Colleges, or approved by the Bureau of Private Postsecondary and Vocational Education. These applicants shall provide the board with a comprehensive evaluation of the degree performed by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES), and shall provide any other documentation the board department deems necessary.

SEC. 364.

  Section 4980.43 of the Business and Professions Code is amended to read:

4980.43.
 (a) Prior to applying for licensure examinations, each applicant shall complete experience that shall comply with the following:
(1) A minimum of 3,000 hours completed during a period of at least 104 weeks.
(2) Not more than 40 hours in any seven consecutive days.
(3) Not less than 1,700 hours of supervised experience completed subsequent to the granting of the qualifying master’s or doctor’s degree.
(4) Not more than 1,300 hours of experience obtained prior to completing a master’s or doctor’s degree. This experience shall be composed as follows:
(A) Not more than 750 hours of counseling and direct supervisor contact.
(B) Not more than 250 hours of professional enrichment activities, excluding personal psychotherapy as described in paragraph (2) of subdivision (l).
(C) Not more than 100 hours of personal psychotherapy as described in paragraph (2) of subdivision (l). The applicant shall be credited for three hours of experience for each hour of personal psychotherapy.
(5) No hours of experience may be gained prior to completing either 12 semester units or 18 quarter units of graduate instruction and becoming a trainee except for personal psychotherapy.
(6) No hours of experience gained more than six years prior to the date the application for licensure was filed, except that up to 500 hours of clinical experience gained in the supervised practicum required by subdivision (b) of Section 4980.40 shall be exempt from this six-year requirement.
(7) Not more than a total of 1,000 hours of experience for direct supervisor contact and professional enrichment activities.
(8) Not more than 500 hours of experience providing group therapy or group counseling.
(9) Not more than 250 hours of postdegree experience administering and evaluating psychological tests of counselees, writing clinical reports, writing progress notes, or writing process notes.
(10) Not more than 250 hours of experience providing counseling or crisis counseling on the telephone.
(11) Not less than 500 total hours of experience in diagnosing and treating couples, families, and children.
(12) Not more than 125 hours of experience providing personal psychotherapy services via telemedicine in accordance with Section 2290.5.
(b) All applicants, trainees, and registrants shall be at all times under the supervision of a supervisor who shall be responsible for ensuring that the extent, kind, and quality of counseling performed is consistent with the training and experience of the person being supervised, and who shall be responsible to the board department for compliance with all laws, rules, and regulations governing the practice of marriage and family therapy. Supervised experience shall be gained by interns and trainees either as an employee or as a volunteer. The requirements of this chapter regarding gaining hours of experience and supervision are applicable equally to employees and volunteers. Experience shall not be gained by interns or trainees as an independent contractor.
(c) Supervision shall include at least one hour of direct supervisor contact in each week for which experience is credited in each work setting, as specified:
(1)  A trainee shall receive an average of at least one hour of direct supervisor contact for every five hours of client contact in each setting.
(2) Each individual supervised after being granted a qualifying degree shall receive an average of at least one hour of direct supervisor contact for every 10 hours of client contact in each setting in which experience is gained.
(3) For purposes of this section, “one hour of direct supervisor contact” means one hour of face-to-face contact on an individual basis or two hours of face-to-face contact in a group of not more than eight persons.
(4) All experience gained by a trainee shall be monitored by the supervisor as specified by regulation. The 5-to-1 and 10-to-1 ratios specified in this subdivision shall be applicable to all hours gained on or after January 1, 1995.
(d) (1) A trainee may be credited with supervised experience completed in any setting that meets all of the following:
(A) Lawfully and regularly provides mental health counseling or psychotherapy.
(B) Provides oversight to ensure that the trainee’s work at the setting meets the experience and supervision requirements set forth in this chapter and is within the scope of practice for the profession as defined in Section 4980.02.
(C) Is not a private practice owned by a licensed marriage and family therapist, a licensed psychologist, a licensed clinical social worker, a licensed physician and surgeon, or a professional corporation of any of those licensed professions.
(2) Experience may be gained by the trainee solely as part of the position for which the trainee volunteers or is employed.
(e) (1) An intern may be credited with supervised experience completed in any setting that meets both of the following:
(A) Lawfully and regularly provides mental health counseling or psychotherapy.
(B) Provides oversight to ensure that the intern’s work at the setting meets the experience and supervision requirements set forth in this chapter and is within the scope of practice for the profession as defined in Section 4980.02.
(2) An applicant shall not be employed or volunteer in a private practice, as defined in subparagraph (C) of paragraph (1) of subdivision (d), until registered as an intern.
(3) While an intern may be either a paid employee or a volunteer, employers are encouraged to provide fair remuneration to interns.
(4) Except for periods of time during a supervisor’s vacation or sick leave, an intern who is employed or volunteering in private practice shall be under the direct supervision of a licensee that has satisfied the requirements of subdivision (g) of Section 4980.03. The supervising licensee shall either be employed by and practice at the same site as the intern’s employer, or shall be an owner or shareholder of the private practice. Alternative supervision may be arranged during a supervisor’s vacation or sick leave if the supervision meets the requirements of this section.
(5) Experience may be gained by the intern solely as part of the position for which the intern volunteers or is employed.
(f) Except as provided in subdivision (g), all persons shall register with the board as an intern in order to be credited for postdegree hours of supervised experience gained toward licensure.
(g) Except when employed in a private practice setting, all postdegree hours of experience shall be credited toward licensure so long as the applicant applies for the intern registration within 90 days of the granting of the qualifying master’s or doctor’s degree and is thereafter granted the intern registration by the board.
(h) Trainees, interns, and applicants shall not receive any remuneration from patients or clients, and shall only be paid by their employers.
(i) Trainees, interns, and applicants shall only perform services at the place where their employers regularly conduct business, which may include performing services at other locations, so long as the services are performed under the direction and control of their employer and supervisor, and in compliance with the laws and regulations pertaining to supervision. Trainees and interns shall have no proprietary interest in their employers’ businesses and shall not lease or rent space, pay for furnishings, equipment or supplies, or in any other way pay for the obligations of their employers.
(j) Trainees, interns, or applicants who provide volunteered services or other services, and who receive no more than a total, from all work settings, of five hundred dollars ($500) per month as reimbursement for expenses actually incurred by those trainees, interns, or applicants for services rendered in any lawful work setting other than a private practice shall be considered an employee and not an independent contractor. The board department may audit applicants who receive reimbursement for expenses, and the applicants shall have the burden of demonstrating that the payments received were for reimbursement of expenses actually incurred.
(k) Each educational institution preparing applicants for licensure pursuant to this chapter shall consider requiring, and shall encourage, its students to undergo individual, marital or conjoint, family, or group counseling or psychotherapy, as appropriate. Each supervisor shall consider, advise, and encourage his or her interns and trainees regarding the advisability of undertaking individual, marital or conjoint, family, or group counseling or psychotherapy, as appropriate. Insofar as it is deemed appropriate and is desired by the applicant, the educational institution and supervisors are encouraged to assist the applicant in locating that counseling or psychotherapy at a reasonable cost.
(l) For purposes of this chapter, “professional enrichment activities” includes the following:
(1) Workshops, seminars, training sessions, or conferences directly related to marriage and family therapy attended by the applicant that are approved by the applicant’s supervisor.
(2) Participation by the applicant in personal psychotherapy which includes group, marital or conjoint, family, or individual psychotherapy by an appropriately licensed professional.

SEC. 365.

  Section 4980.44 of the Business and Professions Code is amended to read:

4980.44.
 An unlicensed marriage and family therapist intern employed under this chapter shall comply with the following requirements:
(a) Possess, at a minimum, a master’s degree as specified in Section 4980.40.
(b) Register with the board department prior to performing any duties, except as otherwise provided in subdivision (e) of Section 4980.43.
(c) Inform each client or patient prior to performing any professional services that he or she is unlicensed and under the supervision of a licensed marriage and family therapist, licensed clinical social worker, licensed psychologist, or a licensed physician and surgeon certified in psychiatry by the American Board of Psychiatry and Neurology.

SEC. 366.

  Section 4980.50 of the Business and Professions Code is amended to read:

4980.50.
 (a) Every applicant who meets the educational and experience requirements and applies for a license as a marriage and family therapist shall be examined by the board department. The examinations shall be as set forth in subdivision (g) of Section 4980.40. The examinations shall be given at least twice a year at a time and place and under supervision as the board department may determine. The board department shall examine the candidate with regard to his or her knowledge and professional skills and his or her judgment in the utilization of appropriate techniques and methods.
(b) The board department shall not deny any applicant, who has submitted a complete application for examination, admission to the licensure examinations required by this section if the applicant meets the educational and experience requirements of this chapter, and has not committed any acts or engaged in any conduct that would constitute grounds to deny licensure.
(c) The board department shall not deny any applicant, whose application for licensure is complete, admission to the standard written examination, nor shall the board department postpone or delay any applicant’s standard written examination or delay informing the candidate of the results of the standard written examination, solely upon the receipt by the board department of a complaint alleging acts or conduct that would constitute grounds to deny licensure.
(d) If an applicant for examination who has passed the standard written examination is the subject of a complaint or is under board departmental investigation for acts or conduct that, if proven to be true, would constitute grounds for the board department to deny licensure, the board department shall permit the applicant to take the clinical vignette written examination for licensure, but may withhold the results of the examination or notify the applicant that licensure will not be granted pending completion of the investigation.
(e) Notwithstanding Section 135, the board department may deny any applicant who has previously failed either the standard written or clinical vignette written examination permission to retake either examination pending completion of the investigation of any complaints against the applicant. Nothing in this section shall prohibit the board department from denying an applicant admission to any examination, withholding the results, or refusing to issue a license to any applicant when an accusation or statement of issues has been filed against the applicant pursuant to Sections 11503 and 11504 of the Government Code, respectively, or the applicant has been denied in accordance with subdivision (b) of Section 485.
(f) Notwithstanding any other provision of law, the board department may destroy all examination materials two years following the date of an examination.
(g) On or after January 1, 2002, no applicant shall be eligible to participate in a clinical vignette written examination if his or her passing score on the standard written examination occurred more than seven years before.
(h) An applicant who has qualified pursuant to this chapter shall be issued a license as a marriage and family therapist in the form that the board department may deem appropriate.

SEC. 367.

  Section 4980.54 of the Business and Professions Code is amended to read:

4980.54.
 (a) The Legislature recognizes that the education and experience requirements in this chapter constitute only minimal requirements to assure that an applicant is prepared and qualified to take the licensure examinations as specified in subdivision (g) of Section 4980.40 and, if he or she passes those examinations, to begin practice.
(b) In order to continuously improve the competence of licensed marriage and family therapists and as a model for all psychotherapeutic professions, the Legislature encourages all licensees to regularly engage in continuing education related to the profession or scope of practice as defined in this chapter.
(c) Except as provided in subdivision (e), the board department shall not renew any license pursuant to this chapter unless the applicant certifies to the board department, on a form prescribed by the board department, that he or she has completed not less than 36 hours of approved continuing education in or relevant to the field of marriage and family therapy in the preceding two years, as determined by the board.
(d) The board department shall have the right to audit the records of any applicant to verify the completion of the continuing education requirement. Applicants shall maintain records of completion of required continuing education coursework for a minimum of two years and shall make these records available to the board for auditing purposes upon request.
(e) The board department may establish exceptions from the continuing education requirements of this section for good cause, as defined by the board department.
(f) The continuing education shall be obtained from one of the following sources:
(1) An accredited school or state-approved school that meets the requirements set forth in Section 4980.40. Nothing in this paragraph shall be construed as requiring coursework to be offered as part of a regular degree program.
(2) Other continuing education providers, including, but not limited to, a professional marriage and family therapist association, a licensed health facility, a governmental entity, a continuing education unit of an accredited four-year institution of higher learning, or a mental health professional association, approved by the board department.
(g) The board department shall establish, by regulation, a procedure for approving providers of continuing education courses, and all providers of continuing education, as described in paragraphs (1) and (2) of subdivision (f), shall adhere to procedures established by the board. The board department may revoke or deny the right of a provider to offer continuing education coursework pursuant to this section for failure to comply with the requirements of this section or any regulation adopted pursuant to this section.
(h) Training, education, and coursework by approved providers shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the understanding or the practice of marriage and family therapy.
(2) Aspects of the discipline of marriage and family therapy in which significant recent developments have occurred.
(3) Aspects of other disciplines that enhance the understanding or the practice of marriage and family therapy.
(i) A system of continuing education for licensed marriage and family therapists shall include courses directly related to the diagnosis, assessment, and treatment of the client population being served.
(j) The board department shall, by regulation, fund the administration of this section through continuing education provider fees to be deposited in the Behavioral Sciences Fund. The fees related to the administration of this section shall be sufficient to meet, but shall not exceed, the costs of administering the corresponding provisions of this section. For purposes of this subdivision, a provider of continuing education as described in paragraph (1) of subdivision (f) shall be deemed to be an approved provider.
(k) The continuing education requirements of this section shall comply fully with the guidelines for mandatory continuing education established by the Department of Consumer Affairs pursuant to Section 166.

SEC. 368.

  Section 4980.57 of the Business and Professions Code is amended to read:

4980.57.
 (a) The board department shall require a licensee who began graduate study prior to January 1, 2004, to take a continuing education course during his or her first renewal period after the operative date of this section in spousal or partner abuse assessment, detection, and intervention strategies, including community resources, cultural factors, and same gender abuse dynamics. On and after January 1, 2005, the course shall consist of not less than seven hours of training. Equivalent courses in spousal or partner abuse assessment, detection, and intervention strategies taken prior to the operative date of this section or proof of equivalent teaching or practice experience may be submitted to the board department and at its discretion, may be accepted in satisfaction of this requirement.
(b) Continuing education courses taken pursuant to this section shall be applied to the 36 hours of approved continuing education required under subdivision (c) of Section 4980.54.

SEC. 369.

  Section 4980.60 of the Business and Professions Code is amended to read:

4980.60.
 (a) The board department may adopt those rules and regulations as may be necessary to enable it to carry into effect the provisions of this chapter. The adoption, amendment, or repeal of those rules and regulations shall be made in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) The board department may, by rules or regulations, adopt, amend, or repeal rules of advertising and professional conduct appropriate to the establishment and maintenance of a high standard of integrity in the profession, provided that the rules or regulations are not inconsistent with Section 4982. Every person who holds a license to practice marriage and family therapy shall be governed by the rules of professional conduct.

SEC. 370.

  Section 4980.70 of the Business and Professions Code is amended to read:

4980.70.
 Except as provided by Section 159.5, the board department may employ whatever additional personnel is necessary to carry out the provisions of this chapter.

SEC. 371.

  Section 4980.80 of the Business and Professions Code is amended to read:

4980.80.
 The board department may issue a license to a person who, at the time of application, has held for at least two years a valid license issued by a board of marriage counselor examiners, marriage therapist examiners, or corresponding authority of any state, if the education and supervised experience requirements are substantially the equivalent of this chapter and the person successfully completes the board department administered licensing examinations as specified by subdivision (g) of Section 4980.40 and pays the fees specified. Issuance of the license is further conditioned upon the person’s completion of the following coursework or training:
(a) (1) An applicant who completed a two semester or three quarter unit course in law and professional ethics for marriage, and family therapists that included areas of study as specified in Section 4980.41 as part of his or her qualifying degree shall complete an 18-hour course in California law and professional ethics that includes, but is not limited to, the following subjects: advertising, scope of practice, scope of competence, treatment of minors, confidentiality, dangerous patients, psychotherapist-patient privilege, recordkeeping, patient access to records, requirements of the Health Insurance Portability and Accountability Act of 1996, dual relationships, child abuse, elder and dependent adult abuse, online therapy, insurance reimbursement, civil liability, disciplinary actions and unprofessional conduct, ethics complaints and ethical standards, termination of therapy, standards of care, relevant family law, and therapist disclosures to patients.
(2) An applicant who has not completed a two semester or three quarter unit course in law and professional ethics for marriage and family therapists that included areas of study as specified in Section 4980.41 as part of his or her qualifying degree, shall complete a two semester or three quarter unit course in California law and professional ethics that includes, at minimum, the areas of study specified in Section 4980.41.
(b) A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28 and any regulations promulgated thereunder.
(c) A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 25 and any regulations promulgated thereunder.
(d) A minimum of 15 contact hours of training or coursework in alcoholism and other chemical substance dependency as specified by regulation.
(e) (1) Instruction in spousal or partner abuse assessment, detection, and intervention. This instruction may be taken either in fulfillment of other requirements for licensure or in a separate course.
(2) On and after January 1, 2004, a minimum of 15 contact hours of coursework or training in spousal or partner abuse assessment, detection, and intervention strategies.
(f) On and after January 1, 2003, a minimum of a two semester or three quarter unit survey course in psychological testing. This course may be taken either in fulfillment of other requirements for licensure or in a separate course.
(g) On and after January 1, 2003, a minimum of a two semester or three quarter unit survey course in psychopharmacology. This course may be taken either in fulfillment of other requirements for licensure or in a separate course.
(h) With respect to human sexuality, alcoholism and other chemical substance dependency, spousal or partner abuse assessment, detection, and intervention, psychological testing, and psychopharmacology, the board department may accept training or coursework acquired out of state.

SEC. 372.

  Section 4980.90 of the Business and Professions Code is amended to read:

4980.90.
 (a) Experience gained outside of California shall be accepted toward the licensure requirements if it is substantially equivalent to that required by this chapter and if the applicant has gained a minimum of 250 hours of supervised experience in direct counseling within California while registered as an intern with the board department. The board department shall consider hours of experience obtained in another state during the six-year period immediately preceding the applicant’s initial licensure by that state as a marriage and family therapist.
(b) Education gained while residing outside of California shall be accepted toward the licensure requirements if it is substantially equivalent to the education requirements of this chapter, and if the applicant has completed all of the following:
(1) A two semester or three quarter unit course in California law and professional ethics for marriage, family, and child counselors that shall include areas of study as specified in Section 4980.41.
(2) A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28 and any regulations promulgated thereunder.
(3) A minimum of 10 contact hours of training or coursework in sexuality as specified in Section 25 and any regulations promulgated thereunder.
(4) A minimum of 15 contact hours of training or coursework in alcoholism and other chemical substance dependency as specified by regulation.
(5) (A) Instruction in spousal or partner abuse assessment, detection, and intervention. This instruction may be taken either in fulfillment of other educational requirements for licensure or in a separate course.
(B) On and after January 1, 2004, a minimum of 15 contact hours of coursework or training in spousal or partner abuse assessment, detection, and intervention strategies.
(6) On and after January 1, 2003, a minimum of a two semester or three quarter unit survey course in psychological testing. This course may be taken either in fulfillment of other requirements for licensure or in a separate course.
(7) On and after January 1, 2003, a minimum of a two semester or three quarter unit survey course in psychopharmacology. This course may be taken either in fulfillment of other requirements for licensure or in a separate course.
(8) With respect to human sexuality, alcoholism and other chemical substance dependency, spousal or partner abuse assessment, detection, and intervention, psychological testing, and psychopharmacology, the board department may accept training or coursework acquired out of state.
(c) For purposes of this section, the board department may, in its discretion, accept education as substantially equivalent if the applicant meets both of the following requirements:
(1) The applicant has been granted a degree in a single integrated program primarily designed to train marriage and family therapists.
(2) The applicant’s education meets the requirements of Sections 4980.37 and 4980.40. The degree title need not be identical to those required by subdivision (a) of Section 4980.40. If the applicant’s degree does not contain the content required by Section 4980.37 or the overall number of units required by subdivision (a) of Section 4980.40, the board department may, in its discretion, accept the applicant’s education as substantially equivalent if the following criteria are satisfied:
(A) The applicant’s degree contains the required number of practicum units and coursework required in the areas of marriage, family, and child counseling and marital and family systems approaches to treatment as specified in Section 4980.40.
(B) The applicant remediates his or her specific deficiency by completing the course content required by Section 4980.37 or the units required by subdivision (a) of Section 4980.40.
(C) The applicant’s degree otherwise complies with this section.

SEC. 373.

  Section 4981 of the Business and Professions Code is amended to read:

4981.
 This article applies to licenses to engage in the business of marriage and family therapy, and does not apply to the licenses provided for in Article 5 (commencing with Section 4986) except that the board department shall have all powers provided in this article not inconsistent with this chapter.

SEC. 374.

  Section 4982 of the Business and Professions Code is amended to read:

4982.
 The board department may deny a license or registration or may suspend or revoke the license or registration of a licensee or registrant if he or she has been guilty of unprofessional conduct. Unprofessional conduct includes, but is not limited to, the following:
(a) The conviction of a crime substantially related to the qualifications, functions, or duties of a licensee or registrant under this chapter. The record of conviction shall be conclusive evidence only of the fact that the conviction occurred. The board department may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline or to determine if the conviction is substantially related to the qualifications, functions, or duties of a licensee or registrant under this chapter. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, or duties of a licensee or registrant under this chapter shall be deemed to be a conviction within the meaning of this section. The board department may order any license or registration suspended or revoked, or may decline to issue a license or registration when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or, when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw a plea of guilty and enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(b) Securing a license or registration by fraud, deceit, or misrepresentation on any application for licensure or registration submitted to the board department, whether engaged in by an applicant for a license or registration, or by a licensee in support of any application for licensure or registration.
(c) Administering to himself or herself any controlled substance or using of any of the dangerous drugs specified in Section 4022, or of any alcoholic beverage to the extent, or in a manner, as to be dangerous or injurious to the person applying for a registration or license or holding a registration or license under this chapter, or to any other person, or to the public, or, to the extent that the use impairs the ability of the person applying for or holding a registration or license to conduct with safety to the public the practice authorized by the registration or license, or the conviction of more than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in this subdivision, or any combination thereof. The board department shall deny an application for a registration or license or revoke the license or registration of any person, other than one who is licensed as a physician and surgeon, who uses or offers to use drugs in the course of performing marriage and family therapy services.
(d) Gross negligence or incompetence in the performance of marriage and family therapy.
(e) Violating, attempting to violate, or conspiring to violate any of the provisions of this chapter or any regulation adopted by the board department.
(f) Misrepresentation as to the type or status of a license or registration held by the person, or otherwise misrepresenting or permitting misrepresentation of his or her education, professional qualifications, or professional affiliations to any person or entity.
(g) Impersonation of another by any licensee, registrant, or applicant for a license or registration, or, in the case of a licensee, allowing any other person to use his or her license or registration.
(h) Aiding or abetting, or employing, directly or indirectly, any unlicensed or unregistered person to engage in conduct for which a license or registration is required under this chapter.
(i) Intentionally or recklessly causing physical or emotional harm to any client.
(j) The commission of any dishonest, corrupt, or fraudulent act substantially related to the qualifications, functions, or duties of a licensee or registrant.
(k) Engaging in sexual relations with a client, or a former client within two years following termination of therapy, soliciting sexual relations with a client, or committing an act of sexual abuse, or sexual misconduct with a client, or committing an act punishable as a sexually related crime, if that act or solicitation is substantially related to the qualifications, functions, or duties of a marriage and family therapist.
(l) Performing, or holding oneself out as being able to perform, or offering to perform, or permitting any trainee or registered intern under supervision to perform, any professional services beyond the scope of the license authorized by this chapter.
(m) Failure to maintain confidentiality, except as otherwise required or permitted by law, of all information that has been received from a client in confidence during the course of treatment and all information about the client that is obtained from tests or other means.
(n) Prior to the commencement of treatment, failing to disclose to the client or prospective client the fee to be charged for the professional services, or the basis upon which that fee will be computed.
(o) Paying, accepting, or soliciting any consideration, compensation, or remuneration, whether monetary or otherwise, for the referral of professional clients. All consideration, compensation, or remuneration shall be in relation to professional counseling services actually provided by the licensee. Nothing in this subdivision shall prevent collaboration among two or more licensees in a case or cases. However, no fee shall be charged for that collaboration, except when disclosure of the fee has been made in compliance with subdivision (n).
(p) Advertising in a manner that is false, misleading, or deceptive.
(q) Reproduction or description in public, or in any publication subject to general public distribution, of any psychological test or other assessment device, the value of which depends in whole or in part on the naivete of the subject, in ways that might invalidate the test or device.
(r) Any conduct in the supervision of any registered intern or trainee by any licensee that violates this chapter or any rules or regulations adopted by the board department.
(s) Performing or holding oneself out as being able to perform professional services beyond the scope of one’s competence, as established by one’s education, training, or experience. This subdivision shall not be construed to expand the scope of the license authorized by this chapter.
(t) Permitting a trainee or registered intern under one’s supervision or control to perform, or permitting the trainee or registered intern to hold himself or herself out as competent to perform, professional services beyond the trainee’s or registered intern’s level of education, training, or experience.
(u) The violation of any statute or regulation governing the gaining and supervision of experience required by this chapter.
(v) Failure to keep records consistent with sound clinical judgment, the standards of the profession, and the nature of the services being rendered.
(w) Failure to comply with the child abuse reporting requirements of Section 11166 of the Penal Code.
(x) Failure to comply with the elder and dependent adult abuse reporting requirements of Section 15630 of the Welfare and Institutions Code.
(y) Willful violation of Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the Health and Safety Code.
(z) Failure to comply with Section 2290.5.

SEC. 375.

  Section 4982.05 of the Business and Professions Code is amended to read:

4982.05.
 (a) Except as provided in subdivisions (b), (c), and (e), any accusation filed against a licensee pursuant to Section 11503 of the Government Code shall be filed within three years from the date the board department discovers the alleged act or omission that is the basis for disciplinary action, or within seven years from the date the alleged act or omission that is the basis for disciplinary action occurred, whichever occurs first.
(b) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging the procurement of a license by fraud or misrepresentation is not subject to the limitations set forth in subdivision (a).
(c) The limitation provided for by subdivision (a) shall be tolled for the length of time required to obtain compliance when a report required to be filed by the licensee or registrant with the board pursuant to Article 11 (commencing with Section 800) of Chapter 1 is not filed in a timely fashion.
(d) If an alleged act or omission involves a minor, the seven-year limitations period provided for by subdivision (a) and the 10-year limitations period provided for by subdivision (e) shall be tolled until the minor reaches the age of majority.
(e) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging sexual misconduct shall be filed within three years after the board department discovers the act or omission alleged as the grounds for disciplinary action, or within 10 years after the act or omission alleged as the grounds for disciplinary action occurs, whichever occurs first. This subdivision shall apply to a complaint alleging sexual misconduct received by the board on and after January 1, 2002.
(f) The limitations period provided by subdivision (a) shall be tolled during any period if material evidence necessary for prosecuting or determining whether a disciplinary action would be appropriate is unavailable to the board due to an ongoing criminal investigation.
(g) For purposes of this section, “discovers” means the later of the occurrence of any of the following with respect to each act or omission alleged as the basis for disciplinary action:
(1) The date the board department received a complaint or report describing the act or omission.
(2) The date, subsequent to the original complaint or report, on which the board became aware of any additional acts or omissions alleged as the basis for disciplinary action against the same individual.
(3) The date the board department receives from the complainant a written release of information pertaining to the complainant’s diagnosis and treatment.

SEC. 376.

  Section 4984 of the Business and Professions Code is amended to read:

4984.
 (a) Licenses issued under this chapter shall expire no more than 24 months after the issue date. The expiration date of the original license shall be set by the board department.
(b) To renew an unexpired license, the licensee, on or before the expiration date of the license, shall do all of the following:
(1) Apply for a renewal on a form prescribed by the board department.
(2) Pay a two-year renewal fee prescribed by the board department.
(3) Certify compliance with the continuing education requirements set forth in Section 4980.54.
(4) Notify the board department whether he or she has been convicted, as defined in Section 490, of a misdemeanor or felony, or whether any disciplinary action has been taken by any regulatory or licensing board in this or any other state, subsequent to the licensee’s last renewal.

SEC. 377.

  Section 4984.01 of the Business and Professions Code is amended to read:

4984.01.
 (a) The marriage and family therapist intern registration shall expire one year from the last day of the month in which it was issued.
(b) To renew the registration, the registrant shall, on or before the expiration date of the registration, complete all of the following actions:
(1) Apply for renewal on a form prescribed by the board department.
(2) Pay a renewal fee prescribed by the board department.
(3) Notify the board department whether he or she has been convicted, as defined in Section 490, of a misdemeanor or felony, and whether any disciplinary action has been taken against him or her by a regulatory or licensing board in this or any other state subsequent to the last renewal of the registration.
(c) The registration may be renewed a maximum of five times. No registration shall be renewed or reinstated beyond six years from the last day of the month during which it was issued, regardless of whether it has been revoked. When no further renewals are possible, an applicant may apply for and obtain a new intern registration if the applicant meets the educational requirements for registration in effect at the time of the application for a new intern registration. An applicant who is issued a subsequent intern registration pursuant to this subdivision may be employed or volunteer in any allowable work setting except private practice.

SEC. 378.

  Section 4984.5 of the Business and Professions Code is amended to read:

4984.5.
 The board department shall report each month to the Controller the amount and source of all revenue received pursuant to this chapter and at the same time pay the entire amount thereof into the State Treasury for credit to the Behavioral Sciences Fund.

SEC. 379.

  Section 4984.6 of the Business and Professions Code is amended to read:

4984.6.
 (a) The Behavioral Sciences Fund shall be used for the purposes of carrying out and enforcing the provisions of this chapter.
(b) The board department shall keep any records as will reasonably ensure that funds expended in the administration of each licensing or registration category shall bear a reasonable relation to the revenue derived from each category, and shall so notify the department no later than May 31 of each year.
(c) Surpluses, if any, may be used in such a way so as to bear a reasonable relation to the revenue derived from each category, and may include, but not be limited to, expenditures for education and research related to each of the licensing or registration categories.

SEC. 380.

  Section 4984.7 of the Business and Professions Code is amended to read:

4984.7.
 (a) The board department shall assess the following fees relating to the licensure of marriage and family therapists:
(1) The application fee for an intern registration shall be seventy-five dollars ($75).
(2) The renewal fee for an intern registration shall be seventy-five dollars ($75).
(3) The fee for the application for examination eligibility shall be one hundred dollars ($100).
(4) The fee for the standard written examination shall be one hundred dollars ($100). The fee for the clinical vignette examination shall be one hundred dollars ($100).
(A) An applicant who fails to appear for an examination, after having been scheduled to take the examination, shall forfeit the examination fee.
(B) The amount of the examination fees shall be based on the actual cost to the board department of developing, purchasing, and grading each examination and the actual cost to the board department of administering each examination. The examination fees shall be adjusted periodically by regulation to reflect the actual costs incurred by the board department.
(5) The fee for rescoring an examination shall be twenty dollars ($20).
(6) The fee for issuance of an initial license shall be a maximum of one hundred eighty dollars ($180).
(7) The fee for license renewal shall be a maximum of one hundred eighty dollars ($180).
(8) The fee for inactive license renewal shall be a maximum of ninety dollars ($90).
(9) The renewal delinquency fee shall be a maximum of ninety dollars ($90). A person who permits his or her license to expire is subject to the delinquency fee.
(10) The fee for issuance of a replacement registration, license, or certificate shall be twenty dollars ($20).
(11) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25).
(b) With regard to license, examination, and other fees, the board department shall establish fee amounts at or below the maximum amounts specified in this chapter.

SEC. 381.

  Section 4984.75 of the Business and Professions Code is amended to read:

4984.75.
 In addition to the fees charged pursuant to Section 4984.7 for the biennial renewal of a license pursuant to Section 4984, the board department shall collect an additional fee of ten dollars ($10) at the time of renewal. The board department shall transfer this amount to the Controller who shall deposit the funds in the Mental Health Practitioner Education Fund.

SEC. 382.

  Section 4984.8 of the Business and Professions Code is amended to read:

4984.8.
 (a) A licensee may apply to the board department to request that his or her license be placed on inactive status.
(b) A licensee on inactive status shall be subject to this chapter and shall not engage in the practice of marriage and family therapy in this state.
(c) A licensee who holds an inactive license shall pay a biennial fee in the amount of one-half of the standard renewal fee and shall be exempt from continuing education requirements.
(d) A licensee on inactive status who has not committed an act or crime constituting grounds for denial of licensure may, upon request, restore his or her license to practice marriage and family therapy to active status.
(1) A licensee requesting to restore his or her license to active status between renewal cycles shall pay the remaining one-half of his or her renewal fee.
(2) A licensee requesting to restore his or her license to active status, whose license will expire less than one year from the date of the request, shall complete 18 hours of continuing education as specified in Section 4980.54.
(3) A licensee requesting to restore his or her license to active status, whose license will expire more than one year form the date of the request, shall complete 36 hours of continuing education as specified in Section 4980.54.

SEC. 383.

  Section 4984.9 of the Business and Professions Code is amended to read:

4984.9.
 A licensee or registrant shall give written notice to the board department of a name change within 30 days after each change, giving both the old and new names. A copy of the legal document authorizing the name change, such as a court order or marriage certificate, shall be submitted with the notice.

SEC. 384.

  Section 4987.5 of the Business and Professions Code is amended to read:

4987.5.
 A marriage and family therapy corporation is a corporation that is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as that corporation and its shareholders, officers, directors, and employees rendering professional services who are marriage and family therapists, physicians and surgeons, psychologists, licensed clinical social workers, registered nurses, chiropractors, or acupuncturists are in compliance with the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), this article, and any other statute or regulation pertaining to that corporation and the conduct of its affairs. With respect to a marriage and family therapy corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the Board of Behavioral Sciences Department of Consumer Affairs.

SEC. 385.

  Section 4989.12 of the Business and Professions Code is amended to read:

4989.12.
 The Board of Behavioral Sciences Department of Consumer Affairs shall administer and enforce the provisions of this chapter. For the purposes of this chapter it shall be designated as the board department.

SEC. 386.

  Section 4989.16 of the Business and Professions Code is amended to read:

4989.16.
 (a) A person appropriately credentialed by the Commission on Teacher Credentialing may perform the functions authorized by that credential in a public school without a license issued under this chapter by the board department.
(b) Nothing in this chapter shall be construed to constrict, limit, or withdraw the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), the Psychology Licensing Law (Chapter 6.6 (commencing with Section 2900)), the Marriage and Family Therapist Practice Act (Chapter 13 (commencing with Section 4980)), or the Clinical Social Worker Practice Act (Chapter 14 (commencing with Section 4991)).

SEC. 387.

  Section 4989.18 of the Business and Professions Code is amended to read:

4989.18.
 The board department may, by rules or regulations, adopt, amend, or repeal rules of professional conduct appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession, provided those rules or regulations are not inconsistent with Section 4989.54. Every person licensed under this chapter shall be governed by those rules of professional conduct.

SEC. 388.

  Section 4989.20 of the Business and Professions Code is amended to read:

4989.20.
 (a) The board department may issue a license as an educational psychologist if the applicant satisfies, with proof satisfactory to the board department, the following requirements:
(1) Possession of, at minimum, a master’s degree in psychology, educational psychology, school psychology, counseling and guidance, or a degree deemed equivalent by the board department. This degree shall be obtained from an educational institution approved by the board department according to the regulations adopted under this chapter.
(2) Attainment of 18 years of age.
(3) No commission of an act or crime constituting grounds for denial of licensure under Section 480.
(4) Successful completion of 60 semester hours of postgraduate work in pupil personnel services.
(5) Two years of full-time, or the equivalent to full-time, experience as a credentialed school psychologist in the public schools. The applicant shall not be credited with experience obtained more than six years prior to filing the application for licensure.
(6) One of the following:
(A) One year of supervised professional experience in an accredited school psychology program.
(B) In addition to the requirements of paragraph (5), one year of full-time, or the equivalent to full-time, experience as a credentialed school psychologist in the public schools obtained under the direction of a licensed educational psychologist or a licensed psychologist.
(7) Passage of an examination specified by the board department.

SEC. 389.

  Section 4989.22 of the Business and Professions Code is amended to read:

4989.22.
 (a) Only persons who satisfy the requirements of Section 4989.20 are eligible to take the licensure examination.
(b) An applicant who fails the written examination may, within one year from the notification date of failure, retake the examination as regularly scheduled without further application. Thereafter, the applicant shall not be eligible for further examination until he or she files a new application, meets all current requirements, and pays all fees required.
(c) Notwithstanding any other provision of law, the board department may destroy all examination materials two years after the date of an examination.

SEC. 390.

  Section 4989.24 of the Business and Professions Code is amended to read:

4989.24.
 The board department shall not issue a license to a person who has been convicted of a crime in this or any other state or in a territory of the United States that involves sexual abuse of children or who is required to register pursuant to Section 290 of the Penal Code or the equivalent in another state or territory.

SEC. 391.

  Section 4989.26 of the Business and Professions Code is amended to read:

4989.26.
 The board department may refuse to issue a license to an applicant if it appears he or she may be unable to practice safely due to mental illness or chemical dependency. The procedures set forth in Article 12.5 (commencing with Section 820) of Chapter 1 shall apply to a denial of a license pursuant to this section.

SEC. 392.

  Section 4989.28 of the Business and Professions Code is amended to read:

4989.28.
 The board department may deny an application for licensure if the applicant is or has been guilty of unprofessional conduct as described in Section 4989.54.

SEC. 393.

  Section 4989.30 of the Business and Professions Code is amended to read:

4989.30.
 A license issued under this chapter shall expire no later than 24 months after its date of issue. The expiration date of the original license shall be set by the board department.

SEC. 394.

  Section 4989.32 of the Business and Professions Code is amended to read:

4989.32.
 To renew an unexpired license, the licensee shall, on or before the expiration date of the license, take all of the following actions:
(a) Apply for renewal on a form prescribed by the board department.
(b) Pay a renewal fee prescribed by the board department.
(c) Inform the board department of whether he or she has been convicted, as defined in Section 490, of any misdemeanor or felony and whether any disciplinary action has been taken by a regulatory or licensing board in this or any other state after the prior issuance or renewal of his or her license.
(d) Complete the continuing education requirements described in Section 4989.34.

SEC. 395.

  Section 4989.34 of the Business and Professions Code is amended to read:

4989.34.
 (a) To renew his or her license, a licensee shall certify to the board department, on a form prescribed by the board department, completion in the preceding two years of not less than 36 hours of approved continuing education in, or relevant to, educational psychology.
(b) (1) The continuing education shall be obtained from either an accredited university or a continuing education provider approved by the board department.
(2) The board department shall establish, by regulation, a procedure for approving providers of continuing education courses, and all providers of continuing education shall comply with procedures established by the board department. The board department may revoke or deny the right of a provider to offer continuing education coursework pursuant to this section for failure to comply with the requirements of this section or any regulation adopted pursuant to this section.
(c) Training, education, and coursework by approved providers shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the understanding or the practice of educational psychology.
(2) Aspects of the discipline of educational psychology in which significant recent developments have occurred.
(3) Aspects of other disciplines that enhance the understanding or the practice of educational psychology.
(d) The board department may audit the records of a licensee to verify completion of the continuing education requirement. A licensee shall maintain records of the completion of required continuing education coursework for a minimum of two years and shall make these records available to the board for auditing purposes upon its request.
(e) The board department may establish exceptions from the continuing education requirements of this section for good cause, as determined by the board department.
(f) The board department shall, by regulation, fund the administration of this section through continuing education provider fees to be deposited in the Behavioral Sciences Fund. The amount of the fees shall be sufficient to meet, but shall not exceed, the costs of administering this section.
(g) The continuing education requirements of this section shall comply fully with the guidelines for mandatory continuing education established by the Department of Consumer Affairs pursuant to Section 166.

SEC. 396.

  Section 4989.40 of the Business and Professions Code is amended to read:

4989.40.
 A revoked license is subject to expiration as provided in this article and shall not be renewed. The applicant may apply to the board department for reinstatement of his or her license and shall pay a reinstatement fee in an amount equal to the renewal fee in effect at that time and any delinquency fees that may have accrued and comply with other requirements of the board department for reinstatement.

SEC. 397.

  Section 4989.44 of the Business and Professions Code is amended to read:

4989.44.
 (a) A licensee may apply to the board department to request that his or her license be placed on inactive status.
(b) A licensee on inactive status shall be subject to this chapter and shall not engage in the practice of educational psychology in this state.
(c) A licensee who holds an inactive license shall pay a biennial fee of one-half of the amount of the standard renewal fee.
(d) A licensee on inactive status who has not committed an act or crime constituting grounds for denial of licensure may, upon request, restore his or her license to practice educational psychology to active status. A licensee requesting that his or her license be placed on active status between renewal cycles shall pay the remaining one-half of his or her renewal fee. A licensee requesting to restore his or her license to active status, whose license will expire less than one year from the date of the request, shall complete 18 hours of continuing education as specified in Section 4989.34. A licensee requesting to restore his or her license to active status, whose license will expire more than one year from the date of the request, shall complete 36 hours of continuing education as specified in Section 4989.34.

SEC. 398.

  Section 4989.46 of the Business and Professions Code is amended to read:

4989.46.
 A licensee shall give written notice to the board department of a name change within 30 days after each change, providing both the old and new names. A copy of the legal document authorizing the name change, such as a court order or marriage certificate, shall be submitted with the notice.

SEC. 399.

  Section 4989.54 of the Business and Professions Code is amended to read:

4989.54.
 The board department may deny a license or may suspend or revoke the license of a licensee if he or she has been guilty of unprofessional conduct. Unprofessional conduct includes, but is not limited to, the following:
(a) Conviction of a crime substantially related to the qualifications, functions and duties of an educational psychologist.
(1) The record of conviction shall be conclusive evidence only of the fact that the conviction occurred.
(2) The board department may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline or to determine if the conviction is substantially related to the qualifications, functions, or duties of a licensee under this chapter.
(3) A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, or duties of a licensee under this chapter shall be deemed to be a conviction within the meaning of this section.
(4) The board department may order a license suspended or revoked, or may decline to issue a license when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw a plea of guilty and enter a plea of not guilty or setting aside the verdict of guilty or dismissing the accusation, information, or indictment.
(b) Securing a license by fraud, deceit, or misrepresentation on an application for licensure submitted to the board department, whether engaged in by an applicant for a license or by a licensee in support of an application for licensure.
(c) Administering to himself or herself a controlled substance or using any of the dangerous drugs specified in Section 4022 or an alcoholic beverage to the extent, or in a manner, as to be dangerous or injurious to himself or herself or to any other person or to the public or to the extent that the use impairs his or her ability to safely perform the functions authorized by the license.
(d) Conviction of more than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in subdivision (c) or any combination thereof.
(e) Advertising in a manner that is false, misleading, or deceptive.
(f) Violating, attempting to violate, or conspiring to violate any of the provisions of this chapter or any regulation adopted by the board department.
(g) Commission of any dishonest, corrupt, or fraudulent act substantially related to the qualifications, functions, or duties of a licensee.
(h) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action imposed by another state or territory or possession of the United States or by any other governmental agency, on a license, certificate, or registration to practice educational psychology or any other healing art. A certified copy of the disciplinary action, decision, or judgment shall be conclusive evidence of that action.
(i) Revocation, suspension, or restriction by the board department of a license, certificate, or registration to practice as a clinical social worker or marriage and family therapist.
(j) Failure to keep records consistent with sound clinical judgment, the standards of the profession, and the nature of the services being rendered.
(k) Gross negligence or incompetence in the practice of educational psychology.
(l) Misrepresentation as to the type or status of a license held by the licensee or otherwise misrepresenting or permitting misrepresentation of his or her education, professional qualifications, or professional affiliations to any person or entity.
(m) Intentionally or recklessly causing physical or emotional harm to any client.
(n) Engaging in sexual relations with a client or a former client within two years following termination of professional services, soliciting sexual relations with a client, or committing an act of sexual abuse or sexual misconduct with a client or committing an act punishable as a sexually related crime, if that act or solicitation is substantially related to the qualifications, functions, or duties of a licensed educational psychologist.
(o) Prior to the commencement of treatment, failing to disclose to the client or prospective client the fee to be charged for the professional services or the basis upon which that fee will be computed.
(p) Paying, accepting, or soliciting any consideration, compensation, or remuneration, whether monetary or otherwise, for the referral of professional clients.
(q) Failing to maintain confidentiality, except as otherwise required or permitted by law, of all information that has been received from a client in confidence during the course of treatment and all information about the client that is obtained from tests or other means.
(r) Performing, holding himself or herself out as being able to perform, or offering to perform any professional services beyond the scope of the license authorized by this chapter or beyond his or her field or fields of competence as established by his or her education, training, or experience.
(s) Reproducing or describing in public, or in any publication subject to general public distribution, any psychological test or other assessment device the value of which depends in whole or in part on the naivete of the subject in ways that might invalidate the test or device. An educational psychologist shall limit access to the test or device to persons with professional interests who can be expected to safeguard its use.
(t) Aiding or abetting an unlicensed person to engage in conduct requiring a license under this chapter.
(u) When employed by another person or agency, encouraging, either orally or in writing, the employer’s or agency’s clientele to utilize his or her private practice for further counseling without the approval of the employing agency or administration.
(v) Failing to comply with the child abuse reporting requirements of Section 11166 of the Penal Code.
(w) Failing to comply with the elder and adult dependent abuse reporting requirements of Section 15630 of the Welfare and Institutions Code.
(x) Willful violation of Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the Health and Safety Code.

SEC. 400.

  Section 4989.56 of the Business and Professions Code is amended to read:

4989.56.
 The board department shall revoke the license of a licensee, other than one who is also licensed as a physician and surgeon, who uses or offers to use drugs in the course of his or her practice as an educational psychologist.

SEC. 401.

  Section 4989.58 of the Business and Professions Code is amended to read:

4989.58.
 The board department shall revoke the license of a licensee upon a decision that contains a finding of fact that the licensee engaged in an act of sexual contact, as defined in Section 729, when that act is with a client, or with a former client and the relationship was terminated primarily for the purpose of engaging in that act. The revocation shall not be stayed by the administrative law judge or the board department.

SEC. 402.

  Section 4989.62 of the Business and Professions Code is amended to read:

4989.62.
 All proceedings by the board department to suspend, revoke, or to take other disciplinary action against a licensee shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

SEC. 403.

  Section 4989.64 of the Business and Professions Code is amended to read:

4989.64.
 In addition to other proceedings provided for in this chapter, whenever a person has engaged, or is about to engage, in an act or practice that constitutes, or will constitute, an offense against this chapter, the superior court in and for the county where the act or practice takes place, or is about to take place, may issue an injunction, or other appropriate order, restraining that conduct on application of the board department, the Attorney General, or the district attorney of the county. The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.

SEC. 404.

  Section 4989.68 of the Business and Professions Code is amended to read:

4989.68.
 (a) The board department shall assess the following fees relating to the licensure of educational psychologists:
(1) The application fee for examination eligibility shall be one hundred dollars ($100).
(2) The fee for issuance of the initial license shall be a maximum amount of one hundred fifty dollars ($150).
(3) The fee for license renewal shall be a maximum amount of one hundred fifty dollars ($150).
(4) The delinquency fee shall be seventy-five dollars ($75). A person who permits his or her license to become delinquent may have it restored only upon payment of all the fees that he or she would have paid if the license had not become delinquent, plus the payment of any and all delinquency fees.
(5) The written examination fee shall be one hundred dollars ($100). An applicant who fails to appear for an examination, once having been scheduled, shall forfeit any examination fees he or she paid.
(6) The fee for rescoring a written examination shall be twenty dollars ($20).
(7) The fee for issuance of a replacement registration, license, or certificate shall be twenty dollars ($20).
(8) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25).
(b) With regard to all license, examination, and other fees, the board department shall establish fee amounts at or below the maximum amounts specified in this chapter.

SEC. 405.

  Section 4989.70 of the Business and Professions Code is amended to read:

4989.70.
 The board department shall report each month to the Controller the amount and source of all revenue received pursuant to this chapter and at the same time pay the entire amount thereof into the State Treasury for credit to the Behavioral Sciences Fund.

SEC. 406.

  Section 4990 of the Business and Professions Code is repealed.
4990.

(a)There is in the Department of Consumer Affairs, a Board of Behavioral Sciences that consists of 11 members composed as follows:

(1)Two state licensed clinical social workers.

(2)One state licensed educational psychologist.

(3)Two state licensed marriage and family therapists.

(4)Six public members.

(b)Each member, except the six public members, shall have at least two years of experience in his or her profession.

(c)Each member shall reside in the State of California.

(d)The Governor shall appoint four of the public members and the five licensed members with the advice and consent of the Senate. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member.

(e)Each member of the board shall be appointed for a term of four years. A member appointed by the Speaker of the Assembly or the Senate Committee on Rules shall hold office until the appointment and qualification of his or her successor or until one year from the expiration date of the term for which he or she was appointed, whichever first occurs. Pursuant to Section 1774 of the Government Code, a member appointed by the Governor shall hold office until the appointment and qualification of his or her successor or until 60 days from the expiration date of the term for which he or she was appointed, whichever first occurs.

(f)A vacancy on the board shall be filled by appointment for the unexpired term by the authority who appointed the member whose membership was vacated.

(g)Not later than the first of June of each calendar year, the board shall elect a chairperson and a vice chairperson from its membership.

(h)Each member of the board shall receive a per diem and reimbursement of expenses as provided in Section 103.

(i)This section shall become inoperative on July 1, 2009, and, as of January 1, 2010, is repealed, unless a later enacted statute, that is enacted before January 1, 2010, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 407.

  Section 4990.1 is added to the Business and Professions Code, to read:

4990.1.
 There is in the Department of Consumer Affairs an administration subdivision that shall be established as necessary to accomplish the duties imposed by this chapter concerning social workers.

SEC. 408.

  Section 4990.10 of the Business and Professions Code is repealed.
4990.10.

The board may conduct research in, and make studies of problems involved in, the maintaining of professional standards among those engaged in the professions it licenses and may publish its recommendations thereon.

SEC. 409.

  Section 4990.12 of the Business and Professions Code is amended to read:

4990.12.
 The duty of administering and enforcing this chapter, Chapter 13 (commencing with Section 4980), Chapter 13.5 (commencing with Section 4989.10), and Chapter 14 (commencing with Section 4991) is vested in the board and the executive officer subject to, and under the direction of, the board department. In the performance of this duty, the board and the executive officer have department has all the powers and are subject to all the responsibilities vested in, and imposed upon, the head of a department by Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code.

SEC. 410.

  Section 4990.14 of the Business and Professions Code is repealed.
4990.14.

The board shall have and use a seal bearing the words “The Board of Behavioral Sciences,” and shall otherwise conform to Section 107.5.

SEC. 411.

  Section 4990.18 of the Business and Professions Code is amended to read:

4990.18.
 It is the intent of the Legislature that the board department employ its resources for each and all of the following functions:
(a) The licensure of marriage and family therapists, clinical social workers, and educational psychologists.
(b) The development and administration of licensure examinations and examination procedures consistent with prevailing standards for the validation and use of licensing and certification tests. Examinations shall measure knowledge and abilities demonstrably important to the safe, effective practice of the profession.
(c) Enforcement of laws designed to protect the public from incompetent, unethical, or unprofessional practitioners.
(d) Consumer education.

SEC. 412.

  Section 4990.20 of the Business and Professions Code is amended to read:

4990.20.
 (a) The board department may adopt rules and regulations as necessary to administer and enforce the provisions of this chapter and the other chapters it administers and enforces. The adoption, amendment, or repeal of those rules and regulations shall be made in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) The board department may formulate and enforce rules and regulations requiring the following:
(1) That the articles of incorporation or bylaws of a marriage and family therapist or licensed clinical social worker corporation include a provision whereby the capital stock of that corporation owned by a disqualified person, as defined in the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), or a deceased person shall be sold to the corporation or to the remaining shareholders of that corporation within the time that the rules and regulations may provide.
(2) That a marriage and family therapist corporation or a licensed clinical social worker corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services.

SEC. 413.

  Section 4990.22 of the Business and Professions Code is amended to read:

4990.22.
 (a) The Behavioral Sciences Fund shall be used for the purposes of carrying out and enforcing the provisions of this chapter.
(b) The board department shall keep records that reasonably ensure that funds expended in the administration of each licensure or registration category shall bear a reasonable relation to the revenue derived from each category and report to the department no later than May 31 of each year on those expenditures.
(c) Surpluses, if any, may be used by the board department in a manner that bears a reasonable relation to the revenue derived from each licensure or registration category and may include, but not be limited to, expenditures for education and research related to each of the licensing or registration categories.

SEC. 414.

  Section 4990.24 of the Business and Professions Code is amended to read:

4990.24.
 The powers and duties of the board, department as set forth in this chapter, shall be subject to the review required by Division 1.2 (commencing with Section 473).

SEC. 415.

  Section 4990.26 of the Business and Professions Code is amended to read:

4990.26.
 Wherever “Board of Behavioral Science Examiners,” “Board of Social Work Examiners of the State of California,” or “Social Worker and Marriage Counselor Qualifications Board of the State of California” is used in any law or regulations of this state, it shall mean the Board of Behavioral Sciences Department of Consumer Affairs.

SEC. 416.

  Section 4990.28 of the Business and Professions Code is amended to read:

4990.28.
 The board department may refuse to issue a registration or license under the chapters it administers and enforces whenever it appears that the applicant may be unable to practice his or her profession safely due to mental illness or chemical dependency. The procedures set forth in Article 12.5 (commencing with Section 820) of Chapter 1 shall apply to denial of a license or registration pursuant to this section.

SEC. 417.

  Section 4990.34 of the Business and Professions Code is amended to read:

4990.34.
 (a) The board department may place a license or registration issued under the chapters it administers and enforces on probation under the following circumstances:
(1) In lieu of, or in addition to, any order of the board department suspending or revoking the license or registration.
(2) Upon the issuance of a license or registration to an individual who has been guilty of unprofessional conduct but who otherwise completed all education, training, and experience required for licensure or registration.
(3) As a condition upon the reissuance or reinstatement of a license or registration that has been suspended or revoked by the board department.
(b) The board department may adopt regulations establishing a monitoring program to ensure compliance with any terms or conditions of probation imposed by the board department pursuant to subdivision (a). The cost of probation or monitoring may be ordered to be paid by the licensee or registrant.

SEC. 418.

  Section 4990.36 of the Business and Professions Code is amended to read:

4990.36.
 The board, department in its discretion, may require a licensee or registrant whose license or registration has been placed on probation or whose license or registration has been suspended, to obtain additional professional training and to pass an examination upon completion of that training and to pay any necessary examination fee. The examination may be written, oral, or a practical or clinical examination.

SEC. 419.

  Section 4990.38 of the Business and Professions Code is amended to read:

4990.38.
 The board department may deny an application or may suspend or revoke a license or registration issued under the chapters it administers and enforces for any disciplinary action imposed by another state or territory or possession of the United States, or by a governmental agency on a license, certificate or registration to practice marriage and family therapy, clinical social work, educational psychology or any other healing art. The disciplinary action, which may include denial of licensure or revocation or suspension of the license or imposition of restrictions on it, constitutes unprofessional conduct. A certified copy of the disciplinary action decision or judgment shall be conclusive evidence of that action.

SEC. 420.

  Section 4990.40 of the Business and Professions Code is amended to read:

4990.40.
 The board department shall revoke a license or registration issued under the chapters it administers and enforces upon a decision made in accordance with the procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, that contains a finding of fact that the licensee or registrant engaged in an act of sexual contact, as defined in Section 729, when that act is with a patient or with a former patient when the relationship was terminated primarily for the purpose of engaging in that act. The revocation shall not be stayed by the administrative law judge or the board department.

SEC. 421.

  Section 4994 of the Business and Professions Code is amended to read:

4994.
 All moneys in the Behavioral Sciences Fund shall be expended by the board department for the purposes of the programs under its jurisdiction.

SEC. 422.

  Section 4996.1 of the Business and Professions Code is amended to read:

4996.1.
 The board department shall issue a clinical social worker license to each applicant who qualifies pursuant to this article and successfully passes a board department administered written or oral examination or both examinations. An applicant who has successfully passed a previously administered written examination may be subsequently required to take and pass another written examination.

SEC. 423.

  Section 4996.2 of the Business and Professions Code is amended to read:

4996.2.
 Each applicant shall furnish evidence satisfactory to the board department that he or she complies with all of the following requirements:
(a) Is at least 21 years of age.
(b) Has received a master’s degree from an accredited school of social work.
(c) Has had two years of supervised post-master’s degree experience, as specified in Section 4996.20, 4996.21, or 4996.23.
(d)  Has not committed any crimes or acts constituting grounds for denial of licensure under Section 480. The board department shall not issue a registration or license to any person who has been convicted of any crime in this or another state or in a territory of the United States that involves sexual abuse of children or who is required to register pursuant to Section 290 of the Penal Code or the equivalent in another state or territory.
(e) Has completed adequate instruction and training in the subject of alcoholism and other chemical substance dependency. This requirement applies only to applicants who matriculate on or after January 1, 1986.
(f) Has completed instruction and training in spousal or partner abuse assessment, detection, and intervention. This requirement applies to an applicant who began graduate training during the period commencing on January 1, 1995, and ending on December 31, 2003. An applicant who began graduate training on or after January 1, 2004, shall complete a minimum of 15 contact hours of coursework in spousal or partner abuse assessment, detection, and intervention strategies, including knowledge of community resources, cultural factors, and same gender abuse dynamics. Coursework required under this subdivision may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course. This requirement for coursework shall be satisfied by, and the board department shall accept in satisfaction of the requirement, a certification from the chief academic officer of the educational institution from which the applicant graduated that the required coursework is included within the institution’s required curriculum for graduation.
(g)  Has completed a minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 1807 of Title 16 of the California Code of Regulations. This training or coursework may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course.
(h) Has completed a minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 1807.2 of Title 16 of the California Code of Regulations. This training or coursework may be satisfactory if taken either in fulfillment of other educational requirements for licensure or in a separate course.

SEC. 424.

  Section 4996.3 of the Business and Professions Code is amended to read:

4996.3.
 (a) The board department shall assess the following fees relating to the licensure of clinical social workers:
(1) The application fee for registration as an associate clinical social worker shall be seventy-five dollars ($75).
(2) The fee for renewal of an associate clinical social worker registration shall be seventy-five dollars ($75).
(3) The fee for application for examination eligibility shall be one hundred dollars ($100).
(4) The fee for the standard written examination shall be a maximum of one hundred fifty dollars ($150). The fee for the clinical vignette examination shall be one hundred dollars ($100).
(A) An applicant who fails to appear for an examination, after having been scheduled to take the examination, shall forfeit the examination fees.
(B) The amount of the examination fees shall be based on the actual cost to the board department of developing, purchasing, and grading each examination and the actual cost to the board department of administering each examination. The written examination fees shall be adjusted periodically by regulation to reflect the actual costs incurred by the board department.
(5) The fee for rescoring an examination shall be twenty dollars ($20).
(6) The fee for issuance of an initial license shall be a maximum of one hundred fifty-five dollars ($155).
(7) The fee for license renewal shall be a maximum of one hundred fifty-five dollars ($155).
(8) The fee for inactive license renewal shall be a maximum of seventy-seven dollars and fifty cents ($77.50).
(9) The renewal delinquency fee shall be seventy-five dollars ($75). A person who permits his or her license to expire is subject to the delinquency fee.
(10) The fee for issuance of a replacement registration, license, or certificate shall be twenty dollars ($20).
(11) The fee for issuance of a certificate or letter of good standing shall be twenty-five dollars ($25).
(b) With regard to license, examination, and other fees, the board department shall establish fee amounts at or below the maximum amounts specified in this chapter.

SEC. 425.

  Section 4996.5 of the Business and Professions Code is amended to read:

4996.5.
 The board department shall issue a license to each applicant meeting the requirements of this article, which license, so long as the annual renewal fees have been paid, licenses the holder to engage in the practice of clinical social work as defined in Section 4996.9, entitles the holder to use the title of licensed clinical social worker, and authorizes the holder to hold himself or herself out as qualified to perform any of the functions delineated by this chapter. The form and content of the license shall be determined by the director in accordance with Section 164.

SEC. 426.

  Section 4996.6 of the Business and Professions Code is amended to read:

4996.6.
 (a) Licenses issued under this chapter shall expire no more than 24 months after the issue date. The expiration date of the original license shall be set by the board department.
(b) To renew an unexpired license, the licensee shall, on or before the expiration date of the license, complete the following actions:
(1) Apply for a renewal on a form prescribed by the board department.
(2) Pay a two-year renewal fee prescribed by the board department.
(3) Certify compliance with the continuing education requirements set forth in Section 4996.22.
(4) Notify the board department whether he or she has been convicted, as defined in Section 490, of a misdemeanor or felony, or whether any disciplinary action has been taken by any regulatory or licensing board in this or any other state, subsequent to the licensee’s last renewal.
(c) To renew an expired license within three years of its expiration, the licensee shall, as a condition precedent to renewal, complete all of the actions described in subdivision (b) and pay a delinquency fee.
(d) A license that is not renewed within three years after its expiration may not be renewed, restored, reinstated, or reissued thereafter; however, the licensee may apply for and obtain a new license if he or she satisfies all of the following requirements:
(1) No fact, circumstance, or condition exists that, if the license were issued, would justify its revocation or suspension.
(2) He or she submits an application for examination eligibility.
(3) He or she takes and passes the current licensing examinations.
(4) He or she submits the fees for examination eligibility and for initial license issuance.

SEC. 427.

  Section 4996.11 of the Business and Professions Code is amended to read:

4996.11.
 The board department may suspend or revoke the license of any person who is guilty on the grounds set forth in Section 4992.3. The proceedings for the suspension or revocation of licenses under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board department shall have all the powers granted in that chapter.

SEC. 428.

  Section 4996.17 of the Business and Professions Code is amended to read:

4996.17.
 (a) Experience gained outside of California shall be accepted toward the licensure requirements if it is substantially the equivalent of the requirements of this chapter.
(b) The board department may issue a license to any person who, at the time of application, has held a valid active clinical social work license issued by a board of clinical social work examiners or corresponding authority of any state, if the person passes the board department administered licensing examinations as specified in Section 4996.1 and pays the required fees. Issuance of the license is conditioned upon all of the following:
(1) The applicant has supervised experience that is substantially the equivalent of that required by this chapter. If the applicant has less than 3,200 hours of qualifying supervised experience, time actively licensed as a clinical social worker shall be accepted at a rate of 100 hours per month up to a maximum of 1,200 hours.
(2) Completion of the following coursework or training in or out of this state:
(A) A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28, and any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 25, and any regulations promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in alcoholism and other chemical substance dependency, as specified by regulation.
(D) A minimum of 15 contact hours of coursework or training in spousal or partner abuse assessment, detection, and intervention strategies.
(3) The applicant’s license is not suspended, revoked, restricted, sanctioned, or voluntarily surrendered in any state.
(4) The applicant is not currently under investigation in any other state, and has not been charged with an offense for any act substantially related to the practice of social work by any public agency, entered into any consent agreement or been subject to an administrative decision that contains conditions placed by an agency upon an applicant’s professional conduct or practice, including any voluntary surrender of license, or been the subject of an adverse judgment resulting from the practice of social work that the board department determines constitutes evidence of a pattern of incompetence or negligence.
(5) The applicant shall provide a certification from each state where he or she holds a license pertaining to licensure, disciplinary action, and complaints pending.
(6) The applicant is not subject to denial of licensure under Section 480, 4992.3, 4992.35, or 4992.36.
(c) The board department may issue a license to any person who, at the time of application, has held a valid, active clinical social work license for a minimum of four years, issued by a board of clinical social work examiners or a corresponding authority of any state, if the person passes the board department administered licensing examinations as specified in Section 4996.1 and pays the required fees. Issuance of the license is conditioned upon all of the following:
(1) Completion of the following coursework or training in or out of state:
(A) A minimum of seven contact hours of training or coursework in child abuse assessment and reporting as specified in Section 28, and any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in human sexuality as specified in Section 25, and any regulations promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in alcoholism and other chemical substance dependency, as specified by regulation.
(D) A minimum of 15 contact hours of coursework or training in spousal or partner abuse assessment, detection, and intervention strategies.
(2) The applicant has been licensed as a clinical social worker continuously for a minimum of four years prior to the date of application.
(3) The applicant’s license is not suspended, revoked, restricted, sanctioned, or voluntarily surrendered in any state.
(4) The applicant is not currently under investigation in any other state, and has not been charged with an offense for any act substantially related to the practice of social work by any public agency, entered into any consent agreement or been subject to an administrative decision that contains conditions placed by an agency upon an applicant’s professional conduct or practice, including any voluntary surrender of license, or been the subject of an adverse judgment resulting from the practice of social work that the board department determines constitutes evidence of a pattern of incompetence or negligence.
(5) The applicant provides a certification from each state where he or she holds a license pertaining to licensure, disciplinary action, and complaints pending.
(6) The applicant is not subject to denial of licensure under Section 480, 4992.3, 4992.35, or 4992.36.

SEC. 429.

  Section 4996.18 of the Business and Professions Code is amended to read:

4996.18.
 (a) A person who wishes to be credited with experience toward licensure requirements shall register with the board department as an associate clinical social worker prior to obtaining that experience. The application shall be made on a form prescribed by the board department.
(b) An applicant for registration shall satisfy the following requirements:
(1) Possess a master’s degree from an accredited school or department of social work.
(2) Have committed no crimes or acts constituting grounds for denial of licensure under Section 480.
(c) An applicant who possesses a master’s degree from a school or department of social work that is a candidate for accreditation by the Commission on Accreditation of the Council on Social Work Education shall be eligible, and shall be required, to register as an associate clinical social worker in order to gain experience toward licensure if the applicant has not committed any crimes or acts that constitute grounds for denial of licensure under Section 480. That applicant shall not, however, be eligible for examination until the school or department of social work has received accreditation by the Commission on Accreditation of the Council on Social Work Education.
(d) Any experience obtained under the supervision of a spouse or relative by blood or marriage shall not be credited toward the required hours of supervised experience. Any experience obtained under the supervision of a supervisor with whom the applicant has a personal relationship that undermines the authority or effectiveness of the supervision shall not be credited toward the required hours of supervised experience.
(e) An applicant who possesses a master’s degree from an accredited school or department of social work shall be able to apply experience the applicant obtained during the time the accredited school or department was in candidacy status by the Commission on Accreditation of the Council on Social Work Education toward the licensure requirements, if the experience meets the requirements of Section 4996.20, 4996.21, or 4996.23. This subdivision shall apply retroactively to persons who possess a master’s degree from an accredited school or department of social work and who obtained experience during the time the accredited school or department was in candidacy status by the Commission on Accreditation of the Council on Social Work Education.
(f) An applicant for registration or licensure trained in an educational institution outside the United States shall demonstrate to the satisfaction of the board department that he or she possesses a master’s of social work degree that is equivalent to a master’s degree issued from a school or department of social work that is accredited by the Commission on Accreditation of the Council on Social Work Education. These applicants shall provide the board department with a comprehensive evaluation of the degree and shall provide any other documentation the board deems necessary. The board department has the authority to make the final determination as to whether a degree meets all requirements, including, but not limited to, course requirements regardless of evaluation or accreditation.
(g) A registrant shall not provide clinical social work services to the public for a fee, monetary or otherwise, except as an employee.
(h) A registrant shall inform each client or patient prior to performing any professional services that he or she is unlicensed and is under the supervision of a licensed professional.

SEC. 430.

  Section 4996.20 of the Business and Professions Code is amended to read:

4996.20.
 The experience required by subdivision (c) of Section 4996.2 shall meet the following criteria:
(a) An applicant shall have at least 3,200 hours of post-master’s experience, supervised by a licensed clinical social worker, in providing clinical social work services consisting of psychosocial diagnosis; assessment; treatment, including psychotherapy and counseling; client-centered advocacy; consultation; and evaluation as permitted by Section 4996.9. For persons applying for licensure on or after January 1, 1992, this experience shall have been gained in not less than two nor more than six years and shall have been gained within the six years immediately preceding the date on which the application for licensure was filed.
(b) Notwithstanding the requirements of subdivision (a) that 3,200 hours of experience shall be gained under the supervision of a licensed clinical social worker, up to 1,000 hours of the required experience may be gained under the supervision of a licensed mental health professional acceptable to the board department.
For purposes of this section, “supervision” means responsibility for and control of the quality of social work services being provided. Consultation shall not be considered to be supervision. Supervision shall include at least one hour of direct supervision for each week of experience claimed. Not less than one-half of the hours of required supervision shall be individual supervision. The remaining hours may be group supervision. “Individual supervision” means one supervisor meets with one supervisee at a time. “Group supervision” means a supervisor meets with a group of no more than eight supervisees at a time.
(c) For purposes of this section, a “private practice setting” is any setting other than a governmental entity, a school, college or university, a nonprofit and charitable corporation, or a licensed health facility. Employment in a private practice setting shall not commence until the applicant has been registered as an associate clinical social worker. A registrant employed in a private practice setting shall not:
(1) Pay his or her employer for supervision, and shall receive fair remuneration from his or her employer.
(2) Receive any remuneration from patients or clients and shall only be paid by his or her employer.
(3) Perform services at any place except where the registrant’s employer regularly conducts business.
(4) Have any proprietary interest in the employer’s business.
(d) A person employed in a setting other than a private practice setting may obtain supervision from a person not employed by the registrant’s employer if that person has signed a written contract with the employer to take supervisory responsibility for the registrant’s social work services.
(e) This section shall apply only to persons who apply for registration on or before December 31, 1998.

SEC. 431.

  Section 4996.21 of the Business and Professions Code is amended to read:

4996.21.
 The experience required by subdivision (c) of Section 4996.2 shall meet the following criteria:
(a) On or after January 1, 1999, an associate shall have at least 3,200 hours of post-master’s degree experience in providing clinical social work services as permitted by Section 4996.9. At least 1,700 of these hours shall be gained under the supervision of a licensed clinical social worker. The remaining hours of the required experience may be gained under the supervision of a licensed mental health professional acceptable to the board department as defined in a regulation adopted by the board department. Experience shall consist of the following:
(1) A minimum of 2,000 hours in psychosocial diagnosis, assessment, and treatment, including psychotherapy or counseling.
(2) A maximum of 1,200 hours in client-centered advocacy, consultation, evaluation, and research.
(3) Experience shall have been gained in not less than two nor more than six years and shall have been gained within the six years immediately preceding the date on which the application for licensure was filed.
(b) Supervision means responsibility for and control of the quality of clinical social work services being provided.
(c) Consultation or peer discussion shall not be considered to be supervision.
(d) Supervision shall include at least one hour of direct supervisor contact for a minimum of 104 weeks and shall include at least one hour of direct supervisor contact for every 10 hours of client contact in each setting where experience is gained. Of the 104 weeks of required supervision, 52 weeks shall be individual supervision, and of the 52 weeks of required individual supervision, not less than 13 weeks shall be supervised by a licensed clinical social worker. For purposes of this section, “one hour of direct supervisor contact” means one hour of face-to-face contact on an individual basis or two hours of face-to-face contact in a group setting of not more than eight persons.
(e) The supervisor and the associate shall develop a supervisory plan that describes the goals and objectives of supervision. These goals shall include the ongoing assessment of strengths and limitations and the assurance of practice in accordance with the laws and regulations. The associate shall submit to the board department the initial original supervisory plan upon application for licensure.
(f) (1) Experience shall only be gained in a setting that meets both of the following:
(A) Lawfully and regularly provides clinical social work, mental health counseling, or psychotherapy.
(B) Provides oversight to ensure that the associate’s work at the setting meets the experience and supervision requirements set forth in this chapter and is within the scope of practice for the profession as defined in Section 4996.9.
(2) Experience shall not be gained until the applicant has been registered as an associate clinical social worker.
(3)  Employment in a private practice as defined in paragraph (4) shall not commence until the applicant has been registered as an associate clinical social worker.
(4) A private practice setting is a setting that is owned by a licensed clinical social worker, a licensed marriage and family therapist, a licensed psychologist, a licensed physician and surgeon, or a professional corporation of any of those licensed professions.
(5) If volunteering, the associate shall provide the board department with a letter from his or her employer verifying his or her voluntary status upon application for licensure.
(6) If employed, the associate shall provide the board department with copies of his or her W-2 tax forms for each year of experience claimed upon application for licensure.
(g) While an associate may be either a paid employee or a volunteer, employers are encouraged to provide fair remuneration to associates.
(h) An associate shall not do the following:
(1) Receive any remuneration from patients or clients and shall only be paid by his or her employer.
(2) Have any proprietary interest in the employer’s business.
(i)  An associate, whether employed or volunteering, may obtain supervision from a person not employed by the associate’s employer if that person has signed a written agreement with the employer to take supervisory responsibility for the associate’s social work services.

SEC. 432.

  Section 4996.22 of the Business and Professions Code is amended to read:

4996.22.
 (a) (1) Except as provided in subdivision (c), the board department shall not renew any license pursuant to this chapter unless the applicant certifies to the board department, on a form prescribed by the board department, that he or she has completed not less than 36 hours of approved continuing education in or relevant to the field of social work in the preceding two years, as determined by the board department.
(2) The board department shall not renew any license of an applicant who began graduate study prior to January 1, 2004, pursuant to this chapter unless the applicant certifies to the board department that during the applicant’s first renewal period after the operative date of this section, he or she completed a continuing education course in spousal or partner abuse assessment, detection, and intervention strategies, including community resources, cultural factors, and same gender abuse dynamics. On and after January 1, 2005, the course shall consist of not less than seven hours of training. Equivalent courses in spousal or partner abuse assessment, detection, and intervention strategies taken prior to the operative date of this section or proof of equivalent teaching or practice experience may be submitted to the board department and at its discretion, may be accepted in satisfaction of this requirement. Continuing education courses taken pursuant to this paragraph shall be applied to the 36 hours of approved continuing education required under paragraph (1).
(b) The board department shall have the right to audit the records of any applicant to verify the completion of the continuing education requirement. Applicants shall maintain records of completion of required continuing education coursework for a minimum of two years and shall make these records available to the board for auditing purposes upon request.
(c) The board department may establish exceptions from the continuing education requirement of this section for good cause as defined by the board department.
(d) The continuing education shall be obtained from one of the following sources:
(1) An accredited school of social work, as defined in Section 4991.2, or a school or department of social work that is a candidate for accreditation by the Commission on Accreditation of the Council on Social Work Education. Nothing in this paragraph shall be construed as requiring coursework to be offered as part of a regular degree program.
(2) Other continuing education providers, including, but not limited to, a professional social work association, a licensed health facility, a governmental entity, a continuing education unit of an accredited four-year institution of higher learning, and a mental health professional association, approved by the board.
(e) The board department shall establish, by regulation, a procedure for approving providers of continuing education courses, and all providers of continuing education, as described in paragraphs (1) and (2) of subdivision (d), shall adhere to the procedures established by the board department. The board department may revoke or deny the right of a provider to offer continuing education coursework pursuant to this section for failure to comply with the requirements of this section or any regulation adopted pursuant to this section.
(f) Training, education, and coursework by approved providers shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the understanding, or the practice, of social work.
(2) Aspects of the social work discipline in which significant recent developments have occurred.
(3) Aspects of other related disciplines that enhance the understanding, or the practice, of social work.
(g) A system of continuing education for licensed clinical social workers shall include courses directly related to the diagnosis, assessment, and treatment of the client population being served.
(h) The continuing education requirements of this section shall comply fully with the guidelines for mandatory continuing education established by the Department of Consumer Affairs department pursuant to Section 166.
(i) The board department may adopt regulations as necessary to implement this section.
(j) The board department shall, by regulation, fund the administration of this section through continuing education provider fees to be deposited in the Behavioral Science Examiners Fund. The fees related to the administration of this section shall be sufficient to meet, but shall not exceed, the costs of administering the corresponding provisions of this section. For purposes of this subdivision, a provider of continuing education as described in paragraph (1) of subdivision (d) shall be deemed to be an approved provider.

SEC. 433.

  Section 4996.23 of the Business and Professions Code is amended to read:

4996.23.
 The experience required by subdivision (c) of Section 4996.2 shall meet the following criteria:
(a) All persons registered with the board department on and after January 1, 2002, shall have at least 3,200 hours of post-master’s degree supervised experience providing clinical social work services as permitted by Section 4996.9. At least 1,700 hours shall be gained under the supervision of a licensed clinical social worker. The remaining required supervised experience may be gained under the supervision of a licensed mental health professional acceptable to the board department as defined by a regulation adopted by the board department. This experience shall consist of the following:
(1) A minimum of 2,000 hours in clinical psychosocial diagnosis, assessment, and treatment, including psychotherapy or counseling.
(2) A maximum of 1,200 hours in client-centered advocacy, consultation, evaluation, and research.
(3) Of the 2,000 clinical hours required in paragraph (1), no less than 750 hours shall be face-to-face individual or group psychotherapy provided to clients in the context of clinical social work services.
(4) A minimum of two years of supervised experience is required to be obtained over a period of not less than 104 weeks and shall have been gained within the six years immediately preceding the date on which the application for licensure was filed.
(5) Experience shall not be credited for more than 40 hours in any week.
(b) “Supervision” means responsibility for, and control of, the quality of clinical social work services being provided. Consultation or peer discussion shall not be considered to be supervision.
(c) (1) Prior to the commencement of supervision, a supervisor shall comply with all requirements enumerated in Section 1870 of Title 16 of the California Code of Regulations and shall sign under penalty of perjury the “Responsibility Statement for Supervisors of an Associate Clinical Social Worker” form.
(2) Supervised experience shall include at least one hour of direct supervisor contact for a minimum of 104 weeks. In addition, an associate shall receive an average of at least one hour of direct supervisor contact for every week in which more than 10 hours of face-to-face psychotherapy is performed in each setting experience is gained. No more than five hours of supervision, whether individual or group, shall be credited during any single week. Of the 104 weeks of required supervision, 52 weeks shall be individual supervision, and of the 52 weeks of required individual supervision, not less than 13 weeks shall be supervised by a licensed clinical social worker. For purposes of this section, “one hour of direct supervisor contact” means one hour of face-to-face contact on an individual basis or two hours of face-to-face contact in a group of not more than eight persons receiving supervision.
(d) The supervisor and the associate shall develop a supervisory plan that describes the goals and objectives of supervision. These goals shall include the ongoing assessment of strengths and limitations and the assurance of practice in accordance with the laws and regulations. The associate shall submit to the board department the initial original supervisory plan upon application for licensure.
(e) Experience shall only be gained in a setting that meets both of the following:
(1) Lawfully and regularly provides clinical social work, mental health counseling, or psychotherapy.
(2) Provides oversight to ensure that the associate’s work at the setting meets the experience and supervision requirements set forth in this chapter and is within the scope of practice for the profession as defined in Section 4996.9.
(f) Experience shall not be gained until the applicant has been registered as an associate clinical social worker.
(g) Employment in a private practice as defined in subdivision (h) shall not commence until the applicant has been registered as an associate clinical social worker.
(h) A private practice setting is a setting that is owned by a licensed clinical social worker, a licensed marriage and family therapist, a licensed psychologist, a licensed physician and surgeon, or a professional corporation of any of those licensed professions.
(i) If volunteering, the associate shall provide the board department with a letter from his or her employer verifying his or her voluntary status upon application for licensure.
(j) If employed, the associate shall provide the board department with copies of his or her W-2 tax forms for each year of experience claimed upon application for licensure.
(k) While an associate may be either a paid employee or volunteer, employers are encouraged to provide fair remuneration to associates.
( l) Associates shall not do the following:
(1) Receive any remuneration from patients or clients and shall only be paid by his or her employer.
(2) Have any proprietary interest in the employer’s business.
(m) An associate, whether employed or volunteering, may obtain supervision from a person not employed by the associate’s employer if that person has signed a written agreement with the employer to take supervisory responsibility for the associate’s social work services.
(n) Notwithstanding any other provision of law, associates and applicants for examination shall receive a minimum of one hour of supervision per week for each setting in which he or she is working.

SEC. 434.

  Section 4996.25 of the Business and Professions Code is amended to read:

4996.25.
 (a) Any applicant for licensure as a licensed clinical social worker who began graduate study on or after January 1, 2004, shall complete, as a condition of licensure, a minimum of 10 contact hours of coursework in aging and long-term care, which could include, but is not limited to, the biological, social, and psychological aspects of aging.
(b) Coursework taken in fulfillment of other educational requirements for licensure pursuant to this chapter, or in a separate course of study, may, at the discretion of the board department, fulfill the requirements of this section.
(c) In order to satisfy the coursework requirement of this section, the applicant shall submit to the board department a certification from the chief academic officer of the educational institution from which the applicant graduated stating that the coursework required by this section is included within the institution’s required curriculum for graduation, or within the coursework, that was completed by the applicant.
(d) The board department shall not issue a license to the applicant until the applicant has met the requirements of this section.

SEC. 435.

  Section 4996.26 of the Business and Professions Code is amended to read:

4996.26.
 (a) A licensee who began graduate study prior to January 1, 2004, shall complete a three-hour continuing education course in aging and long-term care during his or her first renewal period after the operative date of this section, and shall submit to the board department evidence acceptable to the board department of the person’s satisfactory completion of the course.
(b) The course shall include, but is not limited to, the biological, social, and psychological aspects of aging.
(c) Any person seeking to meet the requirements of subdivision (a) of this section may submit to the board department a certificate evidencing completion of equivalent courses in aging and long-term care taken prior to the operative date of this section, or proof of equivalent teaching or practice experience. The board department, in its discretion, may accept that certification as meeting the requirements of this section.
(d) The board department may not renew an applicant’s license until the applicant has met the requirements of this section.
(e) Continuing education courses taken pursuant to this section shall be applied to the 36 hours of approved continuing education required in Section 4996.22.
(f) This section shall become operative on January 1, 2005.

SEC. 436.

  Section 4996.28 of the Business and Professions Code is amended to read:

4996.28.
 (a) Registration as an associate clinical social worker shall expire one year from the last day of the month during which it was issued. To renew a registration, the registrant shall, on or before the expiration date of the registration, complete all of the following actions:
(1) Apply for renewal on a form prescribed by the board department.
(2) Pay a renewal fee prescribed by the board department.
(3) Notify the board department whether he or she has been convicted, as defined in Section 490, of a misdemeanor or felony, and whether any disciplinary action has been taken by a regulatory or licensing board in this or any other state, subsequent to the last renewal of the registration.
(b) A registration as an associate clinical social worker may be renewed a maximum of five times. When no further renewals are possible, an applicant may apply for and obtain a new associate clinical social worker registration if the applicant meets all requirements for registration in effect at the time of his or her application for a new associate clinical social worker registration.

SEC. 437.

  Section 4996.65 of the Business and Professions Code is amended to read:

4996.65.
 In addition to the fees charged pursuant to Section 4996.6 for the biennial renewal of a license, the board department shall collect an additional fee of ten dollars ($10) at the time of renewal. The board department shall transfer this amount to the Controller who shall deposit the funds in the Mental Health Practitioner Education Fund.

SEC. 438.

  Section 4997 of the Business and Professions Code is amended to read:

4997.
 (a) A licensee may apply to the board department to request that his or her license be placed on inactive status.
(b) A licensee on inactive status shall be subject to this chapter and shall not engage in the practice of clinical social work in this state.
(c) A licensee who holds an inactive license shall pay a biennial fee in the amount of one-half of the standard renewal fee and shall be exempt from continuing education requirements.
(d) A licensee on inactive status who has not committed an act or crime constituting grounds for denial of licensure may, upon request, restore his or her license to practice clinical social work to active status.
(1) A licensee requesting his or her license be restored to active status between renewal cycles shall pay the remaining one-half of his or her renewal fee.
(2) A licensee requesting to restore his or her license to active status whose license will expire less than one year from the date of the request shall complete 18 hours of continuing education as specified in Section 4996.22.
(3) A licensee requesting to restore his or her license to active status whose license will expire more than one year from the date of the request shall complete 36 hours of continuing education as specified in Section 4996.22.

SEC. 439.

  Section 5000 of the Business and Professions Code is repealed.
5000.

There is in the Department of Consumer Affairs the California Board of Accountancy, which consists of 15 members, seven of whom shall be licensees, and eight of whom shall be public members who shall not be licentiates of the board or registered by the board. The board has the powers and duties conferred by this chapter.

The Governor shall appoint four of the public members, and the seven licensee members as provided in this section. The Senate Rules Committee and the Speaker of the Assembly shall each appoint two public members. In appointing the seven licensee members, the Governor shall appoint members representing a cross section of the accounting profession with at least two members representing a small public accounting firm. For the purposes of this chapter, a small public accounting firm shall be defined as a professional firm that employs a total of no more than four licensees as partners, owners, or full-time employees in the practice of public accountancy within the State of California.

This section shall become inoperative on July 1, 2011, and as of January 1, 2012, is repealed, unless a later enacted statute, that becomes effective on or before January 1, 2012, deletes or extends the dates on which this section becomes inoperative and is repealed. The repeal of this section renders the board subject to the review required by Division 1.2 (commencing with Section 473). However, the review of the board shall be limited to reports or studies specified in this chapter and those issues identified by the Joint Committee on Boards, Commissions, and Consumer Protection and the board regarding the implementation of new licensing requirements.

SEC. 440.

  Section 5000 is added to the Business and Professions Code, to read:

5000.
 Any reference to the “board” in this chapter, or to the California Board of Accountancy in any law or regulation, shall refer to the Department of Consumer Affairs or the Director of the Department of Consumer Affairs, as indicated by the context.

SEC. 441.

  Section 5000.1 of the Business and Professions Code is repealed.
5000.1.

Protection of the public shall be the highest priority for the California Board of Accountancy in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

SEC. 442.

  Section 5000.5 of the Business and Professions Code is repealed.
5000.5.

No public member shall be a current or former licensee of the board or an immediate family member of a licensee, or be currently or formerly employed by a public accounting firm, bookkeeping firm, or firm engaged in providing tax preparation as its primary business, or have any financial interest in the business of a licensee. Each public member shall meet all of the requirements for public membership on the board as set forth in Chapter 6 (commencing with Section 450) of Division 1.

SEC. 443.

  Section 5001 of the Business and Professions Code is repealed.
5001.

(a)Except as provided in subdivision (b), each member of the board, except the public members, shall be actively engaged in the practice of public accountancy and shall have been so engaged for a period of not less than five years preceding the date of his appointment. Each member shall be a citizen of the United States and a resident of this state for at least five years next preceding his appointment, and shall be of good character. Within 30 days after their appointment, the members of the board shall take and subscribe to the oath of office as prescribed by the Government Code and shall file the same with the Secretary of State.

(b)One licensee member appointed by the Governor may be an active educator within a program that emphasizes the study of accounting within a college, university, or four-year educational institution.

SEC. 444.

  Section 5002 of the Business and Professions Code is repealed.
5002.

Each member shall be appointed for a term of four years and shall hold office until the appointment and qualification of his successor or until one year shall have elapsed since the expiration of the term for which he was appointed, whichever first occurs.

Vacancies occurring shall be filled by appointment for the unexpired term of a person licensed in the same capacity as the person being replaced. No person shall serve more than two terms consecutively. The Governor shall remove from the board any member, except a public member, whose permit to practice has become void, revoked or suspended. The Governor may, after hearing, remove any member of the board for neglect of duty or other just cause.

SEC. 445.

  Section 5003 of the Business and Professions Code is repealed.
5003.

The officers of the board are a president, vice president and a secretary-treasurer.

SEC. 446.

  Section 5004 of the Business and Professions Code is repealed.
5004.

The president, vice president, and secretary-treasurer shall be elected by the board for a term of one year from among its members at the time of the annual meeting. The newly elected president, vice president, and secretary-treasurer shall assume the duties of their respective offices at the conclusion of the annual meeting at which they were elected.

SEC. 447.

  Section 5006 of the Business and Professions Code is repealed.
5006.

The officers of the board shall continue in office until their successors are elected and qualify.

SEC. 448.

  Section 5007 of the Business and Professions Code is repealed.
5007.

The president shall preside at all meetings of the board, and in the event of his absence or inability to act, the vice president shall preside. Other duties of the president, vice president, and the duties of the secretary-treasurer, shall be such as the board may prescribe.

SEC. 449.

  Section 5008 of the Business and Professions Code is amended to read:

5008.
 The board department shall, from time to time, but not less than twice each year, prepare and distribute to all licensees, a report of the relevant activities of the board department, including amendments to this chapter and regulations adopted by the board department, and may likewise distribute reports of other matters of interest to the public and to practitioners.

SEC. 450.

  Section 5009 of the Business and Professions Code is amended to read:

5009.
 The board department shall compile and maintain, or may have compiled and maintained on its behalf, a register of licensees that contains information that the board department determines is necessary for the purposes for which the board department was established. The board department shall make the register available to any licensee and to the public.

SEC. 451.

  Section 5010 of the Business and Professions Code is amended to read:

5010.
 The board department may adopt, repeal, or amend such regulations as may be reasonably necessary and expedient for the orderly conduct of its affairs and for the administration of this chapter. The regulations shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

SEC. 452.

  Section 5011 of the Business and Professions Code is repealed.
5011.

The board shall designate the location of its principal office and may establish branch offices in other locations.

SEC. 453.

  Section 5012 of the Business and Professions Code is repealed.
5012.

The board shall have a seal.

SEC. 454.

  Section 5013 of the Business and Professions Code is amended to read:

5013.
 The board department shall keep records of all proceedings and actions by and before the board department and before its committees. In any proceeding in court, civil or criminal, copies of those records certified as correct by the executive officer of the board director under seal of the board department shall be admissible in evidence and shall be prima facie evidence of the correctness of the contents thereof.

SEC. 455.

  Section 5015 of the Business and Professions Code is amended to read:

5015.
 The board department may employ clerks, examiners and, except as provided by Section 159.5, other assistants in the performance of its duties, and pay salaries and necessary expenses.

SEC. 456.

  Section 5015.6 of the Business and Professions Code is repealed.
5015.6.

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.

This section shall become inoperative on July 1, 2011, and, as of January 1, 2012, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2012, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 457.

  Section 5016 of the Business and Professions Code is repealed.
5016.

A majority of the board shall constitute a quorum for the transaction of any business at any meeting of the board for which a notice of at least seven days is given by the president or executive officer. Notice of meetings may be waived in writing either before or after the meeting by unanimous consent of all members. The board shall meet at the call of the president and executive officer, but not less than twice each year. Any two members of the board may request the executive officer to call a special meeting, and the executive officer, upon receiving that notice, shall call a meeting pursuant to the procedure prescribed herein.

SEC. 458.

  Section 5017 of the Business and Professions Code is repealed.
5017.

All meetings of the board shall be open and public, except that the board may hold executive sessions to deliberate on the decision to be reached upon the evidence introduced in a proceeding conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2, of the Government Code.

The members of the board may hold executive sessions to prepare, approve, grade, or administer examinations and shall have jurisdiction or vote over these functions of preparing, approving, grading, or administering examinations in executive session as provided for in Section 11126 of the Government Code.

SEC. 459.

  Section 5018 of the Business and Professions Code is amended to read:

5018.
 The board department may by regulation, prescribe, amend, or repeal rules of professional conduct appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession. In addition to the requirements contained in Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code, a copy of the rules shall be mailed to every holder of a license under this chapter at least 30 days prior to a date named for a public hearing held for the purpose of receiving and considering objections to any of the proposed provisions. Every licensee of the California Board of Accountancy department under this chapter in this state shall be governed and controlled by the rules and standards adopted by the board department.

SEC. 460.

  Section 5020 of the Business and Professions Code is amended to read:

5020.
 The board director may, for the purpose of obtaining technical expertise, appoint an administrative committee of not more than 13 licensees to provide advice and assistance related to the functions specified in Section 5103. The committee shall act only in an advisory capacity, shall have no authority to initiate any disciplinary action against a licensee, and shall only be authorized to report its findings from any investigation or hearing conducted pursuant to this section to the board, or upon direction of the board, to the executive officer director.

SEC. 461.

  Section 5022 of the Business and Professions Code is amended to read:

5022.
 The committee shall make recommendations and forward its report to the board director for action on any matter on which it is authorized to act. Any applicant for registration as a certified public accountant who is aggrieved by any action taken by the committee with respect to his or her qualifications may appeal to the board director in accordance with rules or regulations prescribed by the board department. The board director on the appeal may give an oral or written examination as an aid in determining whether the applicant is qualified under the terms of this chapter.

SEC. 462.

  Section 5023 of the Business and Professions Code is amended to read:

5023.
 The board director may establish an advisory committee of its own certified public accountant members or other certified public accountants of the state in good standing, to perform either of the following advisory duties:
(a) To examine all applicants for the license of certified public accountant.
(b) To recommend to the board director applicants for the certified public accountant license who fulfill the requirements of this chapter.

SEC. 463.

  Section 5024 of the Business and Professions Code is amended to read:

5024.
 The board director may create and appoint other advisory committees consisting of public accountants or certified public accountants of this state in good standing and who need not be members of the board for the purpose of making recommendations on matters as may be specified by the board director.

SEC. 464.

  Section 5025.1 of the Business and Professions Code is amended to read:

5025.1.
 (a) The board department may contract with and employ certified public accountants and public accountants as consultants and experts to assist in the investigation and prosecution of judicial and administrative matters.
(b) Contracts made pursuant to this section are not subject to Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, except that the board department shall apply the standards set forth in Section 19130 in awarding personal service contracts under this section.
(c) Notwithstanding any other provision of law, the board department may contract with these consultants and experts on a sole source basis.
(d) If a person, not a regular employee of the board department, is hired or under contract to provide expertise to the board director in the evaluation of the conduct of a licensee, and that person is named as a defendant in a civil action for defamation, tortious interference with prospective business advantage, or other civil causes of action directly resulting from opinions rendered, statements made, or testimony given to the board department, its committees, staff, legal counsel, or other representatives, or in any proceeding instituted by the board department or to which the board department is a party, the board department shall provide for representation required to defend that person in that civil action and shall indemnify that person for any judgment rendered against him or her. This right of defense and indemnification shall be the same as, and no greater than, the right provided to a public employee pursuant to Section 825 of the Government Code. Nothing herein shall be construed as expanding or limiting any immunity from liability otherwise provided by law.
(e)  On Notwithstanding Section 7550.5 of the Government Code, on or before June 1 of each year, the board department shall report to the appropriate policy and fiscal committees of each house of the Legislature the terms of the contract or contracts entered into each fiscal year pursuant to this section. The report shall include the cost, services, terms and duration provided under each contract, the identity of the firms or individuals awarded any contract, and data demonstrating the cost effectiveness of the board’s department’s sole-source contracting in the investigation and prosecution of the board’s department’s enforcement programs.

SEC. 465.

  Section 5025.2 of the Business and Professions Code is repealed.
5025.2.

(a)The Legislature finds that there are occasions when the California Board of Accountancy urgently requires additional expenditure authority in order to fund unanticipated enforcement and litigation activities. Without sufficient expenditure authority to obtain the necessary additional resources for urgent litigation and enforcement matters, the board is unable to adequately protect the public. Therefore, it is the intent of the Legislature that, apart from, and in addition to, the expenditure authority that may otherwise be established, the California Board of Accountancy shall be given the increase in its expenditure authority in any given current fiscal year that is authorized by the Department of Finance pursuant to the provisions of subdivision (b) of this section, for costs and services in urgent litigation and enforcement matters, including, but not limited to, costs for professional and consulting services and for the services of the Attorney General and the Office of Administrative Hearings.

(b)Notwithstanding Control Section 27.00 of the annual Budget Act, Section 11006 of the Government Code, and the amount listed in the annual Budget Act for expenditure, the Department of Finance shall authorize up to two million dollars ($2,000,000) in additional expenditures for the California Board of Accountancy upon a showing by the board that those funds are necessary for public protection and that the shortfall was not anticipated. These additional expenditures shall be payable from the Accountancy Fund for purposes of the board’s litigation or enforcement activities in any given current fiscal year.

SEC. 466.

  Section 5025.3 of the Business and Professions Code is repealed.
5025.3.

(a)Whenever the board enters into a contract for litigation or enforcement purposes, including, but not limited to, contracts pursuant to Section 5025.1, funds may be encumbered in the fiscal year the contract is executed and expended at any time during the subsequent 24 months commencing with the last day of the fiscal year in which the contract is executed.

(b)Notwithstanding Section 13340 of the Government Code, funds encumbered for a contract pursuant to subdivision (a) of this section are continuously appropriated without regard to fiscal year, however, the appropriation is limited to the period for which funds are authorized to be encumbered under subdivision (a).

SEC. 467.

  Section 5026 of the Business and Professions Code is amended to read:

5026.
 The Legislature has determined it is in the public interest to require that certified public accountants and public accountants licensed under provisions of this chapter comply with continuing education requirements adopted by the board department as a prerequisite to the renewal of public accountancy licenses on and after December 31, 1974.

SEC. 468.

  Section 5027 of the Business and Professions Code is amended to read:

5027.
 The board department shall by regulation prescribe, amend, or repeal rules including, but not limited to, all of the following:
(a) A definition of basic requirements for continuing education.
(b) A licensee who plans, directs, or approves any financial or compliance audit report on any governmental agency shall complete a minimum of 24 hours of qualifying continuing education in the area of governmental accounting and auditing or related subjects during the two-year license renewal period.
(c) A licensee who provides audit, review, other attestation services, or issues compiled financial statement reports shall, during the two-year license renewal period, complete a minimum of 24 hours of qualifying continuing education in the area of accounting and auditing related to reporting on financial statements.
(d) A licensee with a valid permit to practice public accountancy shall, within a six-year period, complete a continuing education course on the provisions of this chapter and the rules of professional conduct.
(e) A licensee on inactive status shall complete the continuing education course required by subdivision (d) prior to reentering public practice.
(f) A delineation of qualifying programs for maintaining competency.
(g) A system of control and compliance reporting.
In exercising its power under this section for the interests of consumer protection, the board department shall establish standards which will assure reasonable currency of knowledge as a basis for a high standard of practice by licensees. The standards shall be established in a manner to assure that a variety of alternatives are available to licensees to comply with the continuing education requirements for renewal of licenses and taking cognizance of specialized areas of practice.

SEC. 469.

  Section 5028 of the Business and Professions Code is amended to read:

5028.
 The board director may, in accordance with the intent of this article, make exceptions from continuing education requirements for licensees not engaged in public practice, or for reasons of health, military service, or other good cause; provided, however, that if such licensee returns to the practice of public accounting he or she shall meet such continuing education requirements as the board department may determine.

SEC. 470.

  Section 5029 of the Business and Professions Code is amended to read:

5029.
 The board director may establish an advisory continuing education committee of nine members, six of whom shall be certified public accountants, two of whom shall be board members, one of whom is a public member of the board, and one of whom shall be a public accountant, to perform any of the following duties:
(a) To evaluate programs and advise the board director as to whether they qualify under the regulations adopted by the board department pursuant to subdivision (f) of Section 5027. Educational courses offered by professional accounting societies shall be accepted by the board department as qualifying if the courses are approved by the committee as meeting the requirements of the board department under the regulations.
(b) To consider applications for exceptions as permitted under Section 5028 and provide a recommendation to the board department.
(c) To consider other advisory matters relating to the requirements of this article as the board director may assign to the committee.

SEC. 471.

  Section 5030 of the Business and Professions Code is repealed.
5030.

“Board” means the California Board of Accountancy.

SEC. 472.

  Section 5084 of the Business and Professions Code is amended to read:

5084.
 For applicants seeking licensure pursuant to subdivision (b) of Section 5090, the board department shall grant one year’s credit toward fulfillment of its public accounting experience requirement to a graduate of a college who has completed a four-year course with 45 or more semester units or the equivalent thereof in the study of accounting and related business administration subjects, of which at least 20 semester units or the equivalent thereof shall be in the study of accounting.
The members of the board department shall prescribe rules establishing the character and variety of experience necessary to fulfill the experience requirements set forth in this section.
This section shall remain in effect only until January 1, 2010, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2010, deletes or extends that date.

SEC. 473.

  Section 5133 of the Business and Professions Code is amended to read:

5133.
 All money in the Accountancy Fund is hereby appropriated to the California Board of Accountancy Department of Consumer Affairs to carry out the provisions of this chapter. Each member of the board and each member of a committee shall receive a per diem and expenses as provided in Section 103.

SEC. 474.

  Section 5150 of the Business and Professions Code is amended to read:

5150.
 An accountancy corporation is a corporation which is registered with the California Board of Accountancy Department of Consumer Affairs and has a currently effective certificate of registration from the board department pursuant to the Moscone-Knox Professional Corporation Act, as contained in Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code, and this article. Subject to all applicable statutes, rules and regulations, an accountancy corporation is entitled to practice accountancy. With respect to an accountancy corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the California Board of Accountancy Department of Consumer Affairs.

SEC. 475.

  Section 5502 of the Business and Professions Code is repealed.
5502.

As used in this chapter, board refers to the California Architects Board.

SEC. 476.

  Section 5502 is added to the Business and Professions Code, to read:

5502.
 Any reference to “board” in this chapter, or to the California Architects Board or the California Board of Architectural Examiners in any law or regulation, shall refer to the Department of Consumer Affairs, or if specified or if the context otherwise indicates, shall refer to the Director of the Department of Consumer Affairs.

SEC. 477.

  Section 5510 of the Business and Professions Code is repealed.
5510.

There is in the Department of Consumer Affairs a California Architects Board which consists of 10 members.

Any reference in law to the California Board of Architectural Examiners shall mean the California Architects Board.

This section shall become inoperative on July 1, 2011, and, as of January 1, 2012, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2012, deletes or extends the dates on which it becomes inoperative and is repealed. The repeal of this section renders the board subject to the review required by Division 1.2 (commencing with Section 473).

SEC. 478.

  Section 5514 of the Business and Professions Code is repealed.
5514.

The membership of the board shall be composed of 10 members, five of whom shall be architects and five of whom shall be public members.

The five professional members of the board shall be selected from architects in good standing who have been licensed and in practice in this state for at least five years at the time of appointment, all of whom shall be residents and in practice in California.

The public members of the board shall not be licensees of the board.

This section shall become operative on January 1, 1988.

SEC. 479.

  Section 5515 of the Business and Professions Code is repealed.
5515.

Every person appointed shall serve for four years and until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which he or she was appointed, whichever first occurs.

No person shall serve as a member of the board for more than two consecutive terms.

Vacancies occurring prior to the expiration of the term shall be filled by appointment for the unexpired term.

Each appointment shall expire on June 30 of the fourth year following the year in which the previous term expired.

The Governor shall appoint three of the public members and the five licensed members qualified as provided in Section 5514. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member.

SEC. 480.

  Section 5516 of the Business and Professions Code is repealed.
5516.

Each member of the board shall receive a per diem and expenses as provided in Section 103.

SEC. 481.

  Section 5517 of the Business and Professions Code is repealed.
5517.

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.

This section shall become inoperative on July 1, 2011, and, as of January 1, 2012, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2012, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 482.

  Section 5518 of the Business and Professions Code is repealed.
5518.

The board shall elect from its members a president, a vice president, and a secretary to hold office for one year, or until their successors are duly elected and qualified.

SEC. 483.

  Section 5520 of the Business and Professions Code is repealed.
5520.

The board shall adopt a seal for its own use. The seal used shall have the words, “State Board of Architectural Examiners” inscribed thereon.

The executive officer shall have the care and custody of the seal.

SEC. 484.

  Section 5521 of the Business and Professions Code is repealed.
5521.

The executive officer shall keep an accurate record of all proceedings of the board.

SEC. 485.

  Section 5522 of the Business and Professions Code is repealed.
5522.

The board shall meet at least once each calendar quarter for the purpose of transacting such business as may lawfully come before it.

The board may hold meetings at such other times and at such places as it may designate.

SEC. 486.

  Section 5523 of the Business and Professions Code is repealed.
5523.

Special meetings of the board shall be called by the executive officer upon the written notice of four members by giving each member of the board 10 days' written notice of the time and place of the meeting.

SEC. 487.

  Section 5524 of the Business and Professions Code is repealed.
5524.

Six of the members of the board constitute a quorum of the board for the transaction of business. The concurrence of five members of the board present at a meeting duly held at which a quorum is present shall be necessary to constitute an act or decision of the board, except that when all 10 members of the board are present at a meeting duly held, the concurrence of six members shall be necessary to constitute an act or decision of the board.

SEC. 488.

  Section 5525 of the Business and Professions Code is amended to read:

5525.
 The board director may prosecute all persons guilty of violating the provisions of this chapter. Except as provided in Section 159.5, the board director may employ inspectors, special agents, investigators, and such clerical assistants as it may deem necessary to carry into effect the provisions of this chapter. It may also fix the compensation to be paid for such services and incur such additional expense as may be deemed necessary.

SEC. 489.

  Section 5526 of the Business and Professions Code is amended to read:

5526.
 (a) The board department shall adopt rules and regulations governing the examination of applicants for licenses to practice architecture in this state.
(b) The board department may, by rule or regulation, adopt rules of professional conduct that are not inconsistent with state or federal law. Every person who holds a license issued by the board department shall be governed and controlled by these rules.
(c) The board department may adopt other rules and regulations as may be necessary and proper.
(d) The board department may, from time to time, repeal, amend, or modify rules and regulations adopted under this section. No rule or regulation shall be inconsistent with this chapter.
(e) The board department shall adopt, by regulation, a system as described in Section 125.9 for the issuance to a licensee of a citation and a system as described in Section 148 for the issuance of an administrative citation to an unlicensed person who is acting in the capacity of a licensee or registrant under the jurisdiction of the board department.
(f) The adoption, repeal, amendment, or modification of these rules and regulations shall be made in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

SEC. 490.

  Section 5528 of the Business and Professions Code is amended to read:

5528.
 (a) The board department may select and contract with necessary architect consultants who are licensed architects to assist it in its enforcement program on an intermittent basis. The architect consultants shall perform only those services that are necessary to carry out and enforce this chapter.
(b) For the purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, any consultant under contract with the board director pursuant to this section shall be considered a public employee.

SEC. 491.

  Section 5620