BILL NUMBER: SB 1171 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 5, 2010
INTRODUCED BY Senator Negrete McLeod
FEBRUARY 18, 2010
An act to amend Sections 22, 473.1, 473.15, 473.2, 473.3, 473.4,
473.6, and 9882 of, to add Sections 473.12 and 473.7 to, to repeal
Sections 473.16 and 473.5 of, and to repeal and add Sections 101.1
and 473 of, the Business and Professions Code, relating to regulatory
boards.
LEGISLATIVE COUNSEL'S DIGEST
SB 1171, as amended, Negrete McLeod. Regulatory boards:
operations.
Existing law creates various regulatory boards, as defined, within
the Department of Consumer Affairs, with board members serving
specified terms of office. Existing law generally makes the
regulatory boards inoperative and repealed on specified dates, unless
those dates are deleted or extended by subsequent legislation, and
subjects these boards that are scheduled to become inoperative and
repealed as well as other boards in state government, as specified,
to review by the Joint Committee on Boards, Commissions, and Consumer
Protection. Under existing law, that committee, following a
specified procedure, recommends whether the board should be continued
or its functions modified. Existing law requires the State Board of
Chiropractic Examiners and the Osteopathic Medical Board of
California to submit certain analyses and reports to the committee on
specified dates and requires the committee to review those boards
and hold hearings as specified, and to make certain evaluations and
findings.
This bill would abolish the Joint Committee on Boards,
Commissions, and Consumer Protection and would authorize the
appropriate policy committees of the Legislature to carry out its
duties. The bill would terminate the terms of office of each board
member or bureau chief within the department on unspecified dates and
would authorize successor board members and bureau chiefs to be
appointed, as specified. The bill would also subject interior design
organizations, the State Board of Chiropractic Examiners, the
Osteopathic Medical Board of California, the Tax Education Council,
and the Naturopathic Medical Committee , and
the certification of common interest development managers and massage
therapists to review on unspecified dates. The bill would
authorize the appropriate policy committees of the Legislature to
review the boards, bureaus, or entities that are scheduled to have
their board membership or bureau chief so terminated or reviewed, as
specified, and would authorize the appropriate policy committees of
the Legislature to investigate their operations and to hold specified
public hearings. The bill would require a board, bureau, or entity,
if its annual report contains certain information, to post that
report on its Internet Web site. The bill would make other conforming
changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22 of the Business and Professions Code is
amended to read:
22. "Board," as used in any provision of this code, refers to the
board in which the administration of the provision is vested, and
unless otherwise expressly provided, shall include "bureau,"
"commission," "committee," "department," "division," "examining
committee," "program," and "agency."
SEC. 2. Section 101.1 of the Business and Professions Code is
repealed.
SEC. 3. Section 101.1 is added to the Business and Professions
Code, to read:
101.1. (a) Notwithstanding any other provision of law, if the
terms of office of the members of a board are terminated in
accordance with the act that added this section or by subsequent
acts, successor members shall be appointed that shall succeed to, and
be vested with, all the duties, powers, purposes, responsibilities,
and jurisdiction not otherwise repealed or made inoperative of the
members that they are succeeding. The successor members shall be
appointed by the same appointing authorities, for the remainder of
the previous members' terms, and shall be subject to the same
membership requirements as the members they are succeeding.
(b) Notwithstanding any other provision of law, if the term of
office for a bureau chief is terminated in accordance with the act
that added this section or by subsequent acts, a successor bureau
chief shall be appointed who shall succeed to, and be vested with,
all the duties, powers, purposes, responsibilities, and jurisdiction
not otherwise repealed or made inoperative of the bureau chief that
he or she is succeeding. The successor bureau chief shall be
appointed by the same appointing authorities, for the
remainder of the previous bureau chief's term,
authority and shall be subject to the same requirements as the
bureau chief he or she is succeeding.
SEC. 4. Section 473 of the Business and Professions Code is
repealed.
SEC. 5. Section 473 is added to the Business and Professions Code,
to read:
473. Whenever the provisions of this code refer to the Joint
Committee on Boards, Commissions, and Consumer Protection, the
reference shall be construed to be a reference to the appropriate
policy committees of the Legislature.
SEC. 6. Section 473.1 of the Business and Professions Code is
amended to read:
473.1. This chapter shall apply to all of the following:
(a) Every board, as defined in Section 22, that is scheduled to
have its membership reconstituted on a specified date as provided by
subdivision (a) of Section 473.12.
(b) Every bureau that is named in subdivision (b) of Section
473.12.
(c) Every entity that is named in subdivision (c) of Section
473.12.
SEC. 7. Section 473.12 is added to the Business and Professions
Code, to read:
473.12. (a) Notwithstanding any other provision of law, the term
of office of each member of the following boards in the department
shall terminate on the date listed, unless a later enacted statute,
that is enacted before the date listed for that board, deletes or
extends that date:
(1) The Dental Board of California: January 1, ____.
(2) The Medical Board of California: January 1, ____.
(3) The State Board of Optometry: January 1, ____.
(4) The California State Board of Pharmacy: January 1, ____.
(5) The Veterinary Medical Board: January 1, ____.
(6) The California Board of Accountancy: January 1, ____.
(7) The California Architects Board: January 1, ____.
(8) The State Board of Barbering and Cosmetology: January 1, ____.
(9) The Board for Professional Engineers and Land Surveyors:
January 1, ____.
(10) The Contractors' State License Board: January 1, ____.
(11) The Board of Registered Nursing: January 1, ____.
(12) The Board of Behavioral Sciences: January 1, ____.
(13) The State Athletic Commission: January 1, ____.
(14) The State Board of Guide Dogs for the Blind: January 1, ____.
(15) The Court Reporters Board of California: January 1, ____.
(16) The Board of Vocational Nursing and Psychiatric Technicians:
January 1, ____.
(17) The Landscape Architects Technical Committee: January 1,
____.
(18) The Respiratory Care Board of California: January 1, ____.
(19) The Acupuncture Board: January 1, ____.
(20) The Board of Psychology: January 1, ____.
(21) The California Board of Podiatric Medicine: January 1, ____.
(22) The Physical Therapy Board of California: January 1, ____.
(23) The Physician Assistant Committee of the Medical Board of
California: January 1, ____.
(24) The Speech-Language Pathology and Audiology and Hearing Aid
Dispensers Board: January 1, ____.
(25) The California Board of Occupational Therapy: January 1,
____.
(26) The Dental Hygiene Committee of California: January 1, ____.
(b) Notwithstanding any other provision of law, the term of office
for the bureau chief of each of the following bureaus shall
terminate on the date listed, unless a later enacted statute, that is
enacted before the date listed for that bureau, deletes or extends
that date:
(1) Arbitration Review Program: January 1, ____.
(2) Bureau for Private Postsecondary Education: January 1, ____.
(3) Bureau of Automotive Repair: January 1, ____.
(4) Bureau of Electronic and Appliance Repair, Home Furnishings
and Thermal Insulation: January 1, ____.
(5) Bureau of Security and Investigative Services: January 1,
____.
(6) Cemetery and Funeral Bureau: January 1, ____.
(7) Professional Fiduciaries Bureau: January 1, ____.
(8) Telephone Medical Advice Services Bureau: January 1, ____.
(9) Division of Investigation: January 1, ____.
(c) Notwithstanding any other provision of law, the following
shall be subject to review under this chapter on the following dates:
(1) Interior design certification organizations: January 1, ____.
(2) State Board of Chiropractic Examiners pursuant to Section
473.15: January 1, ____.
(3) Osteopathic Medical Board of California pursuant to Section
473.15: January 1, ____.
(4) California Tax Education Council: January 1, ____.
(5) Naturopathic Medicine Committee, Osteopathic Medical Board of
California: January 1, ____.
(6) Common interest development manager certification: January 1,
____.
(7) Massage therapy certification law: January 1, ____.
(d) Nothing in this section or in Section 101.1 shall be construed
to preclude, prohibit, or in any manner alter the requirement of
Senate confirmation of a board member, chief officer, or other
appointee that is subject to confirmation by the Senate as otherwise
required by law.
(e) It is not the intent of the Legislature in enacting this
section to amend the initiative measure that established the State
Board of Chiropractic Examiners or the Osteopathic Medical Board of
California.
SEC. 8. Section 473.15 of the Business and Professions Code is
amended to read:
473.15. (a) The appropriate policy committees of the Legislature
shall review the following boards established by initiative measures,
as provided in this section:
(1) The State Board of Chiropractic Examiners established by an
initiative measure approved by electors November 7, 1922.
(2) The Osteopathic Medical Board of California established by an
initiative measure approved June 2, 1913, and acts amendatory thereto
approved by electors November 7, 1922.
(b) The Osteopathic Medical Board of California shall prepare an
analysis and submit a report as described in subdivision (a) of
Section 473.2, to the appropriate policy committees of the
Legislature on or before September 1, 2010.
(c) The State Board of Chiropractic Examiners shall prepare an
analysis and submit a report as described in subdivision (a), of
Section 473.2, to the appropriate policy committees of the
Legislature on or before September 1, 2011.
(d) The appropriate policy committees of the Legislature shall,
during the interim recess of 2011, hold public hearings to receive
testimony from the Director of Consumer Affairs, the Osteopathic
Medical Board of California, the State Board of Chiropractic
Examiners, the public, and the regulated industry. In those hearings,
each board shall be prepared to demonstrate 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.
(e) The appropriate policy committees of the Legislature shall
evaluate and make determinations pursuant to Section 473.4.
(f) In the exercise of its inherent power to make investigations
and ascertain facts to formulate public policy and determine the
necessity and expediency of contemplated legislation for the
protection of the public health, safety, and welfare, it is the
intent of the Legislature that the State Board of Chiropractic
Examiners and the Osteopathic Medical Board of California be reviewed
pursuant to this section.
(g) It is not the intent of the Legislature in enacting this
section to amend the initiative measures that established the State
Board of Chiropractic Examiners or the Osteopathic Medical Board of
California.
SEC. 9. Section 473.16 of the Business and Professions Code is
repealed.
SEC. 10. Section 473.2 of the Business and Professions Code is
amended to read:
473.2. (a) All boards or bureaus listed in Section 473.12 shall,
with the assistance of the Department of Consumer Affairs, prepare an
analysis and submit a report to the appropriate policy committees of
the Legislature no later than 22 16
months before that board's membership or the bureau chief's term
shall be terminated pursuant to Section 473.12. The analysis and
report shall include, at a minimum, all of the following:
(1) The number of complaints it received per year, the number of
complaints per year that proceeded to investigation, the number of
accusations filed per year, and the number and kind of disciplinary
actions taken, including, but not limited to, interim suspension
orders, revocations, probations, and suspensions.
(2) The average amount of time per year that elapsed between
receipt of a complaint and the complaint being closed or referred to
investigation; the average amount of time per year elapsed between
the commencement of an investigation and the complaint either being
closed or an accusation being filed; the average amount of time
elapsed per year between the filing of an accusation and a final
decision, including appeals; and the average and median costs per
case.
(3) The average amount of time per year between final disposition
of a complaint and notice to the complainant.
(4) A copy of the enforcement priorities including criteria for
seeking an interim suspension order.
(5) A brief description of the board's or bureau's fund
conditions, sources of revenues, and expenditure categories for the
last four fiscal years by program component.
(6) A brief description of the cost per year required to implement
and administer its licensing examination, ownership of the license
examination, the last assessment of the relevancy and validity of the
licensing examination, the passage rate for each of the last four
years, and areas of examination.
(7) A copy of sponsored legislation and a description of its
budget change proposals.
(8) A brief assessment as to whether its licensing fees are
sufficient, too high, or too low.
(9) A brief statement detailing how the board or bureau over the
prior four years has improved its enforcement, public disclosure,
accessibility to the public, including, but not limited to, Internet
Web casts of its proceedings, and fiscal condition.
(b) If an annual report contains information that is required by
this section, a board or bureau may submit the annual report to the
committees and shall post that report on the board's or bureau's
Internet Web site.
SEC. 11. Section 473.3 of the Business and Professions Code is
amended to read:
473.3. Prior to the termination of the terms of office of the
membership of any board or the chief of any bureau described in
Section 473.12, the appropriate policy committees of the Legislature,
during the interim recess preceding the date upon which a board
member's or bureau chief's term of office is to be terminated, may
hold public hearings to receive and consider testimony from the
Director of Consumer Affairs, the board or bureau involved, the
Attorney General, members of the public, and representatives of the
regulated industry regarding whether the board's or bureau's policies
and practices, including enforcement, disclosure, licensing
examination, and fee structure, are sufficient to protect consumers
and are fair to licensees and prospective licensees, whether
licensure of the profession is required to protect the public, and
whether an enforcement monitor may be necessary to obtain further
information on operations.
SEC. 12. Section 473.4 of the Business and Professions Code is
amended to read:
473.4. (a) The appropriate policy committees of the Legislature
may evaluate and determine whether a board or regulatory program has
demonstrated a public need for the continued existence of the
regulatory program and for the degree of regulation the board or
regulatory program implements based on the following factors and
minimum standards of performance:
(1) Whether regulation by the board is necessary to protect the
public health, safety, and welfare.
(2) Whether the basis or facts that necessitated the initial
licensing or regulation of a practice or profession have changed.
(3) Whether other conditions have arisen that would warrant
increased, decreased, or the same degree of regulation.
(4) If regulation of the profession or practice is necessary,
whether existing statutes and regulations establish the least
restrictive form of regulation consistent with the public interest,
considering other available regulatory mechanisms, and whether the
board rules enhance the public interest and are within the scope of
legislative intent.
(5) Whether the board operates and enforces its regulatory
responsibilities in the public interest and whether its regulatory
mission is impeded or enhanced by existing statutes, regulations,
policies, practices, or any other circumstances, including budgetary,
resource, and personnel matters.
(6) Whether an analysis of board operations indicates that the
board performs its statutory duties efficiently and effectively.
(7) Whether the composition of the board adequately represents the
public interest and whether the board encourages public
participation in its decisions rather than participation only by the
industry and individuals it regulates.
(8) Whether the board and its laws or regulations stimulate or
restrict competition, and the extent of the economic impact the board'
s regulatory practices have on the state's business and technological
growth.
(9) Whether complaint, investigation, powers to intervene, and
disciplinary procedures adequately protect the public and whether
final dispositions of complaints, investigations, restraining orders,
and disciplinary actions are in the public interest; or if it is,
instead, self-serving to the profession, industry , or
individuals being regulated by the board.
(10) Whether the scope of practice of the regulated profession or
occupation contributes to the highest utilization of personnel and
whether entry requirements encourage affirmative action.
(11) Whether administrative and statutory changes are necessary to
improve board operations to enhance the public interest.
(b) Nothing in this section precludes any board from submitting
other appropriate information to the appropriate policy committees of
the Legislature.
SEC. 13. Section 473.5 of the Business and Professions Code is
repealed.
SEC. 14. Section 473.6 of the Business and Professions Code is
amended to read:
473.6. The chairpersons of the appropriate policy committees of
the Legislature may refer to interim study review of any legislative
issues or proposals to create new licensure or regulatory categories,
change licensing requirements, modify scope of practice, or create a
new licensing board under the provisions of this code or pursuant to
Chapter 1.5 (commencing with Section 9148) of Part 1 of Division 2
of Title 2 of the Government Code.
SEC. 15. Section 473.7 is added to the Business and Professions
Code, to read:
473.7. The appropriate policy committees of the Legislature may,
through their oversight function, investigate the operations of any
entity to which this chapter applies and hold public hearings on any
matter subject to public hearing under Section 473.3.
SEC. 16. Section 9882 of the Business and Professions Code is
amended to read:
9882. (a) There is in the Department of Consumer Affairs a Bureau
of Automotive Repair under the supervision and control of the
director. The duty of enforcing and administering this chapter is
vested in the chief who is responsible to the director. The director
may adopt and enforce those rules and regulations that he or she
determines are reasonably necessary to carry out the purposes of this
chapter and declaring the policy of the bureau, including a system
for the issuance of citations for violations of this chapter as
specified in Section 125.9. These rules and regulations shall be
adopted pursuant to Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
(b) In 2003 and every four years thereafter, the appropriate
policy committees of the Legislature may hold a public hearing to
receive and consider testimony from the Director of Consumer Affairs,
the bureau, the Attorney General, members of the public, and
representatives of this industry regarding the bureau's policies and
practices as specified in Section 473.3. The appropriate policy
committees of the Legislature may evaluate and review the
effectiveness and efficiency of the bureau based on factors and
minimum standards of performance that are specified in Section 473.4.
The bureau shall prepare an analysis and submit a report to the
appropriate policy committees of the Legislature as specified in
Section 473.2.