Bill Text: CA SB1237 | 2011-2012 | Regular Session | Amended
Bill Title: Professions and vocations: regulatory boards.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-08-16 - Set, second hearing. Held in committee and under submission. [SB1237 Detail]
Download: California-2011-SB1237-Amended.html
BILL NUMBER: SB 1237 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 6, 2012
AMENDED IN ASSEMBLY JULY 5, 2012
AMENDED IN ASSEMBLY JUNE 15, 2012
AMENDED IN SENATE APRIL 30, 2012
AMENDED IN SENATE APRIL 16, 2012
INTRODUCED BY Senator Price
FEBRUARY 23, 2012
An act to amend Sections 2006, 2450.3, 2602, 2607.5, 4001, 4003,
8000, 8005, 8027, 8030.2, 8030.5, 9812.5, 9830.5, 9832.5, 9847.5,
9849, 9851, 9853, 9860, and 9862.5,
9863 , and 9873 of the Business and Professions Code, and
to amend Sections 12529, 12529.5, and 12529.6 of the Government Code,
relating to professions and vocations, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1237, as amended, Price. Professions and vocations: regulatory
boards.
(1) Existing law, until January 1, 2013, declares that using a
vertical enforcement and prosecution model for the Medical Board of
California's investigations is in the best interests of the people of
California. Under existing law, a vertical enforcement and
prosecution model is described as the joint assignment of a complaint
to a board investigator and to a deputy attorney general responsible
for prosecuting the case if the investigation results in the filing
of an accusation. Existing law requires the board to, among other
things, establish and implement a plan to locate specified staff in
the same offices in order to carry out the intent of the vertical
enforcement and prosecution model.
This bill would extend the operation of these provisions to
January 1, 2014, and would also make a conforming change in that
regard.
(2) Existing law, the Naturopathic Doctors Act, provides for the
licensure and regulation of naturopathic doctors by the Naturopathic
Medicine Committee within the Osteopathic Medical Board of
California. Existing law repeals these provisions on January 1, 2014.
Under existing law, boards scheduled for repeal are required to be
evaluated by the Joint Sunset Review Committee.
This bill would make a conforming change with regard to the
operation of these provisions until January 1, 2014, and the bill
would also specify that this board would be subject to review by the
appropriate policy committees of the Legislature.
(3) Existing law, the Physical Therapy Practice Act, provides for
the licensure and regulation of physical therapists by the Physical
Therapy Board of California. Existing law authorizes the board to
appoint an executive officer. Existing law makes these provisions
inoperative on July 1, 2013, and repealed on January 1, 2014. Under
existing law, boards scheduled for repeal are required to be
evaluated by the Joint Sunset Review Committee.
This bill would delete the inoperative date and would instead
repeal these provisions on January 1, 2014. The bill would also
specify that this board would be subject to review by the appropriate
policy committees of the Legislature.
(4) Existing law, the Pharmacy Law, provides for the licensure and
regulation of pharmacies, pharmacists, pharmacy technicians,
wholesalers of dangerous drugs or devices, and others by the
California State Board of Pharmacy. Existing law authorizes the board
to appoint an executive officer. Under existing law, the board and
its authority to appoint an executive officer will be repealed on
January 1, 2013. Under existing law, boards scheduled for repeal are
required to be evaluated by the Joint Sunset Review Committee.
This bill would extend the operation of the California State Board
of Pharmacy and its authority to appoint an executive officer until
January 1, 2017, and would specify that the board is subject to
review by the appropriate policy committees of the Legislature.
(5) Existing law provides for the licensure and regulation of
court reporters by the Court Reporters Board of California within the
Department of Consumer Affairs. Existing law authorizes this board
to appoint an executive officer and committees as necessary. Existing
law repeals these provisions on January 1, 2013.
This bill would extend the operation of these provisions until
January 1, 2017, and would specify that the board is subject to
review by the appropriate policy committees of the Legislature.
Existing law requires, until January 1, 2013, certain fees and
revenues collected by the board to be deposited into the Transcript
Reimbursement Fund, to be available to provide reimbursement for the
cost of providing shorthand reporting services to low-income
litigants in civil cases. Existing law authorizes, until January 1,
2013, low-income persons appearing pro se to apply for funds from the
Transcript Reimbursement Fund, subject to specified requirements and
limitations. Existing law requires the board, until January 1, 2013,
to publicize the availability of the fund to prospective applicants.
Existing law requires the unencumbered funds remaining in the
Transcript Reimbursement Fund as of January 1, 2013, to be
transferred to the Court Reporters' Fund.
This bill would extend the operation of these provisions until
January 1, 2017, and would make a technical change to these
provisions. By extending the operation of the Transcript
Reimbursement Fund, which is a continuously appropriated fund, the
bill would make an appropriation.
(6) Existing law, the Electronic and Appliance Repair Dealer
Registration Law, provides for the registration and regulation of
electronic and appliance service dealers and service contractors by
the Bureau of Electronic and Appliance Repair, Home Furnishings, and
Thermal Insulation within the Department of Consumer Affairs and
makes a failure to comply with its provisions a crime. Existing law,
until January 1, 2013, requires a service contractor to pay specified
fees to the bureau, including a registration fee and a registration
renewal fee. Existing law, until January 1, 2013, requires the
Director of Consumer Affairs to gather evidence of violations of the
Electronic and Appliance Repair Dealer Registration Law, and any of
its regulations, by a service contractor or by any employee, partner,
officer, or member of any service contractor. Existing law, until
January 1, 2013, requires a service contractor to maintain specified
records to be open for inspection by the director and other law
enforcement officials. Existing law, until January 1, 2013, also
provides for the revocation of the registration of a service
contractor by the director and for the superior court to issue a
restraining order or injunction against a service contractor who
violates these provisions.
This bill would extend the operation of these and other
related provisions to January 1, 2015. By extending the
operation of certain of these provisions, the violation of which is a
crime, this bill would impose a state-mandated local program.
(7) Existing law, until January 1, 2013, establishes the Health
Quality Enforcement Section within the Department of Justice for the
purpose of investigating and prosecuting proceedings against
licensees and applicants within the jurisdiction of the Medical Board
of California, the California Board of Podiatric Medicine, the Board
of Psychology, or any committee under the jurisdiction of the
Medical Board of California. Existing law, until January 1, 2013,
requires all complaints against licensees of these boards to be made
available to the Health Quality Enforcement Section.
This bill would extend the operation of these provisions until
January 1, 2014.
(8) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2006 of the Business and Professions Code is
amended to read:
2006. (a) Any reference in this chapter to an investigation by
the board shall be deemed to refer to a joint investigation conducted
by employees of the Department of Justice and the board under the
vertical enforcement and prosecution model, as specified in Section
12529.6 of the Government Code.
(b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 2. Section 2450.3 of the Business and Professions Code is
amended to read:
2450.3. There is within the jurisdiction of the Osteopathic
Medical Board of California a Naturopathic Medicine Committee
authorized under the Naturopathic Doctors Act (Chapter 8.2
(commencing with Section 3610)). This section shall become
inoperative on January 1, 2014, and, as of that date is repealed,
unless a later enacted statute that is enacted before January 1,
2014, deletes or extends that date. Notwithstanding any other
provision of law, the repeal of this section renders the Naturopathic
Medicine Committee subject to review by the appropriate policy
committees of the Legislature.
SEC. 3. 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, shall enforce and administer this chapter.
This section shall remain in effect only until January 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2014, deletes or extends that date.
Notwithstanding any other provision of law, the repeal of this
section renders the board subject to review by the appropriate policy
committees of the Legislature.
SEC. 4. Section 2607.5 of the Business and Professions Code is
amended to read:
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 remain in effect only until January 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2014, deletes or extends that date.
SEC. 5. Section 4001 of the Business and Professions Code is
amended to read:
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) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date. Notwithstanding any other provision of law, the repeal of
this section renders the board subject to review by the appropriate
policy committees of the Legislature.
SEC. 6. Section 4003 of the Business and Professions Code is
amended to read:
4003. (a) The board, 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. 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, 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) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 7. Section 8000 of the Business and Professions Code is
amended to read:
8000. (a) There is in the Department of Consumer Affairs a Court
Reporters Board of California, which consists of five members, three
of whom shall be public members and two of whom shall be holders of
certificates issued under this chapter who have been actively engaged
as shorthand reporters within this state for at least five years
immediately preceding their appointment.
(b) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
(c) Notwithstanding any other provision of law, the repeal of this
section renders the board subject to review by the appropriate
policy committees of the Legislature.
SEC. 8. Section 8005 of the Business and Professions Code is
amended to read:
8005. The Court Reporters Board of California is charged with the
executive functions necessary for effectuating the purposes of this
chapter. It may appoint committees as it deems necessary or proper.
The board may appoint, prescribe the duties, and fix the salary of an
executive officer. Except as provided by Section 159.5, the board
may also employ other employees as may be necessary, subject to civil
service and other provisions of law.
This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.
SEC. 9. Section 8027 of the Business and Professions Code is
amended to read:
8027. (a) As used in this section, "school" means a court
reporter training program or an institution that provides a course of
instruction approved by the board and the Bureau for Private
Postsecondary Education, is a public school in this state, or is
accredited by the Western Association of Schools and Colleges.
(b) A court reporting school shall be primarily organized to train
students for the practice of shorthand reporting, as defined in
Sections 8016 and 8017. Its educational program shall be on the
postsecondary or collegiate level. It shall be legally organized and
authorized to conduct its program under all applicable laws of the
state, and shall conform to and offer all components of the minimum
prescribed course of study established by the board. Its records
shall be kept and shall be maintained in a manner to render them safe
from theft, fire, or other loss. The records shall indicate positive
daily and clock-hour attendance of each student for all classes,
apprenticeship and graduation reports, high school transcripts or the
equivalent or self-certification of high school graduation or the
equivalent, transcripts of other education, and student progress to
date, including all progress and counseling reports.
(c) Any school intending to offer a program in court reporting
shall notify the board within 30 days of the date on which it
provides notice to, or seeks approval from, the State Department of
Education, the Bureau for Private Postsecondary Education, the Office
of the Chancellor of the California Community Colleges, or the
Western Association of Schools and Colleges, whichever is applicable.
The board shall review the proposed curriculum and provide the
school tentative approval, or notice of denial, within 60 days of
receipt of the notice. The school shall apply for provisional
recognition pursuant to subdivision (d) within no more than one year
from the date it begins offering court reporting classes.
(d) The board may grant provisional recognition to a new court
reporting school upon satisfactory evidence that it has met all of
the provisions of subdivision (b) and this subdivision. Recognition
may be granted by the board to a provisionally recognized school
after it has been in continuous operation for a period of no less
than three consecutive years from the date provisional recognition
was granted, during which period the school shall provide
satisfactory evidence that at least one person has successfully
completed the entire course of study established by the board and
complied with the provisions of Section 8020, and has been issued a
certificate to practice shorthand reporting as defined in Sections
8016 and 8017. The board may, for good cause shown, extend the
three-year provisional recognition period for not more than one year.
Failure to meet the provisions and terms of this section shall
require the board to deny recognition. Once granted, recognition may
be withdrawn by the board for failure to comply with all applicable
laws and regulations.
(e) Application for recognition of a court reporting school shall
be made upon a form prescribed by the board and shall be accompanied
by all evidence, statements, or documents requested. Each branch,
extension center, or off-campus facility requires separate
application.
(f) All recognized and provisionally recognized court reporting
schools shall notify the board of any change in school name, address,
telephone number, responsible court reporting program manager, owner
of private schools, and the effective date thereof, within 30 days
of the change. All of these notifications shall be made in writing.
(g) A school shall notify the board in writing immediately of the
discontinuance or pending discontinuance of its court reporting
program or any of the program's components. Within two years of the
date this notice is sent to the board, the school shall discontinue
its court reporting program in its entirety. The board may, for good
cause shown, grant not more than two one-year extensions of this
period to a school. If a student is to be enrolled after this notice
is sent to the board, a school shall disclose to the student the fact
of the discontinuance or pending discontinuance of its court
reporting program or any of its program components.
(h) The board shall maintain a roster of currently recognized and
provisionally recognized court reporting schools, including, but not
limited to, the name, address, telephone number, and the name of the
responsible court reporting program manager of each school.
(i) The board shall maintain statistics that display the number
and passing percentage of all first-time examinees, including, but
not limited to, those qualified by each recognized or provisionally
recognized school and those first-time examinees qualified by other
methods as defined in Section 8020.
(j) Inspections and investigations shall be conducted by the board
as necessary to carry out this section, including, but not limited
to, unannounced site visits.
(k) All recognized and provisionally recognized schools shall
print in their school or course catalog the name, address, and
telephone number of the board. At a minimum, the information shall be
in 8-point bold type and include the following statement:
"IN ORDER FOR A PERSON TO QUALIFY FROM A SCHOOL TO TAKE THE STATE
LICENSING EXAMINATION, THE PERSON SHALL COMPLETE A PROGRAM AT A
RECOGNIZED SCHOOL. FOR INFORMATION CONCERNING THE MINIMUM
REQUIREMENTS THAT A COURT REPORTING PROGRAM MUST MEET IN ORDER TO BE
RECOGNIZED, CONTACT: THE COURT REPORTERS BOARD OF CALIFORNIA;
(ADDRESS); (TELEPHONE NUMBER)."
( l ) Each court reporting school shall file with the
board, not later than June 30 of each year, a current school catalog
that shows all course offerings and staff, and for private schools,
the owner, except that where there have been no changes to the
catalog within the previous year, no catalog need be sent. In
addition, each school shall also file with the board a statement
certifying whether the school is in compliance with all statutes and
the rules and regulations of the board, signed by the responsible
court reporting program manager.
(m) A school offering court reporting shall not make any written
or verbal claims of employment opportunities or potential earnings
unless those claims are based on verified data and reflect current
employment conditions.
(n) If a school offers a course of instruction that exceeds the
board's minimum requirements, the school shall disclose orally and in
writing the board's minimum requirements and how the course of
instruction differs from those criteria. The school shall make this
disclosure before a prospective student executes an agreement
obligating that person to pay any money to the school for the course
of instruction. The school shall also make this disclosure to all
students enrolled on January 1, 2002.
(o) Private and public schools shall provide each prospective
student with all of the following and have the prospective student
sign a document that shall become part of that individual's permanent
record, acknowledging receipt of each item:
(1) A student consumer information brochure published by the
board.
(2) A list of the school's graduation requirements, including the
number of tests, the pass point of each test, the speed of each test,
and the type of test, such as jury charge or literary.
(3) A list of requirements to qualify for the state-certified
shorthand reporter licensing examination, including the number of
tests, the pass point of each test, the speed of each test, and the
type of test, such as jury charge or literary, if different than
those requirements listed in paragraph (2).
(4) A copy of the school's board-approved benchmarks for
satisfactory progress as identified in subdivision (u).
(5) A report showing the number of students from the school who
qualified for each of the certified shorthand reporter licensing
examinations within the preceding two years, the number of those
students that passed each examination, the time, as of the date of
qualification, that each student was enrolled in court reporting
school, and the placement rate for all students that passed each
examination.
(6) On and after January 1, 2005, the school shall also provide to
prospective students the number of hours each currently enrolled
student who has qualified to take the next licensing test, exclusive
of transfer students, has attended court reporting classes.
(p) All enrolled students shall have the information in
subdivisions (n) and (o) on file no later than June 30, 2005.
(q) Public schools shall provide the information in subdivisions
(n) and (o) to each new student the first day he or she attends
theory or machine speed class, if it was not provided previously.
(r) Each enrolled student shall be provided written notification
of any change in qualification or graduation requirements that is
being implemented due to the requirements of any one of the school's
oversight agencies. This notice shall be provided to each affected
student at least 30 days before the effective date of the change and
shall state the new requirement and the name, address, and telephone
number of the agency that is requiring it of the school. Each student
shall initial and date a document acknowledging receipt of that
information and that document, or a copy thereof, shall be made part
of the student's permanent file.
(s) Schools shall make available a comprehensive final examination
in each academic subject to any student desiring to challenge an
academic class in order to obtain credit towards certification for
the state licensing examination. The points required to pass a
challenge examination shall not be higher than the minimum points
required of other students completing the academic class.
(t) An individual serving as a teacher, instructor, or reader
shall meet the qualifications specified by regulation for his or her
position.
(u) Each school shall provide a substitute teacher or instructor
for any class for which the teacher or instructor is absent for two
consecutive days or more.
(v) The board has the authority to approve or disapprove
benchmarks for satisfactory progress which each school shall develop
for its court reporting program. Schools shall use only
board-approved benchmarks to comply with the provisions of paragraph
(4) of subdivision (o) and subdivision (u).
(w) Each school shall counsel each student a minimum of one time
within each 12-month period to identify the level of attendance and
progress, and the prognosis for completing the requirements to become
eligible to sit for the state licensing examination. If the student
has not progressed in accordance with the board-approved benchmarks
for that school, the student shall be counseled a minimum of one
additional time within that same 12-month period.
(x) The school shall provide to the board, for each student
qualifying through the school as eligible to sit for the state
licensing examination, the number of hours the student attended court
reporting classes, both academic and machine speed classes,
including theory.
(y) The pass rate of first-time examination takers for each school
offering court reporting shall meet or exceed the average pass rate
of all first-time test takers for a majority of examinations given
for the preceding three years. Failure to do so shall require the
board to conduct a review of the program. In addition, the board may
place the school on probation and may withdraw recognition if the
school continues to place below the above-described standard on the
two examinations that follow the three-year period.
(z) A school shall not require more than one 10-minute qualifying
examination, as defined in the regulations of the board, for a
student to be eligible to sit for the state certification
examination.
(aa) A school shall provide the board the actual number of hours
of attendance for each applicant the school qualifies for the state
licensing examination.
(ab) The board shall, by December 1, 2001, do the following by
regulation as necessary:
(1) Establish the format that shall be used by schools to report
tracking of all attendance hours and actual timeframes for completed
coursework.
(2) Require schools to provide a minimum of 10 hours of live
dictation class each school week for every full-time student.
(3) Require schools to provide students with the opportunity to
read back from their stenographic notes a minimum of one time each
day to his or her instructor.
(4) Require schools to provide students with the opportunity to
practice with a school-approved speed-building audio recording, or
other assigned material, a minimum of one hour per day after school
hours as a homework assignment and provide the notes from this audio
recording to their instructor the following day for review.
(5) Develop standardization of policies on the use and
administration of qualifier examinations by schools.
(6) Define qualifier examination as follows: the qualifier
examination shall consist of 4-voice testimony of 10-minute duration
at 200 words per minute, graded at 97.5 percent accuracy, and in
accordance with the guidelines followed by the board. Schools shall
be required to date and number each qualifier and announce the date
and number to the students at the time of administering the
qualifier. All qualifiers shall indicate the actual dictation time of
the test and the school shall catalog and maintain the qualifier for
a period of not less than three years for the purpose of inspection
by the board.
(7) Require schools to develop a program to provide students with
the opportunity to interact with professional court reporters to
provide skill support, mentoring, or counseling that they can
document at least quarterly.
(8) Define qualifications and educational requirements required of
instructors and readers that read test material and qualifiers.
(ac) The board shall adopt regulations to implement the
requirements of this section not later than September 1, 2002.
(ad) The board may recover costs for any additional expenses
incurred under the enactment amending this section in the 2001-02
Regular Session of the Legislature pursuant to its fee authority in
Section 8031.
SEC. 10. Section 8030.2 of the Business and Professions Code is
amended to read:
8030.2. (a) To provide shorthand reporting services to low-income
litigants in civil cases, who are unable to otherwise afford those
services, funds generated by fees received by the board pursuant to
subdivision (c) of Section 8031 in excess of funds needed to support
the board's operating budget for the fiscal year in which a transfer
described below is made shall be used by the board for the purpose of
establishing and maintaining a Transcript Reimbursement Fund. The
Transcript Reimbursement Fund shall be established by a transfer of
funds from the Court Reporters' Fund in the amount of three hundred
thousand dollars ($300,000) at the beginning of each fiscal year.
Notwithstanding any other provision of this article, a transfer to
the Transcript Reimbursement Fund in excess of the fund balance
established at the beginning of each fiscal year shall not be made by
the board if the transfer will result in the reduction of the
balance of the Court Reporters' Fund to an amount less than six
months' operating budget.
(b) All moneys held in the Court Reporters' Fund on the effective
date of this section in excess of the board's operating budget for
the 1996-97 fiscal year shall be used as provided in subdivision (a).
(c) Refunds and unexpended funds that are anticipated to remain in
the Transcript Reimbursement Fund at the end of the fiscal year
shall be considered by the board in establishing the fee assessment
pursuant to Section 8031 so that the assessment shall maintain the
level of funding for the Transcript Reimbursement Fund, as specified
in subdivision (a), in the following fiscal year.
(d) The Transcript Reimbursement Fund is hereby created in the
State Treasury. Notwithstanding Section 13340 of the Government Code,
moneys in the Transcript Reimbursement Fund are continuously
appropriated for the purposes of this chapter.
(e) (1) Applicants, including applicants pursuant to Section
8030.5, who have been reimbursed pursuant to this chapter for
services provided to litigants and who are awarded court costs or
attorney's fees by judgment or by settlement agreement shall refund
the full amount of that reimbursement to the fund within 90 days of
receipt of the award or settlement.
(2) An applicant pursuant to Section 8030.5 who has been
reimbursed for services provided to litigants under this chapter
shall refund the full amount reimbursed if a court orders the
applicant's fee waiver withdrawn or denied retroactively pursuant to
Section 68636 of the Government Code, within 90 days of the court's
order withdrawing or denying the fee waiver.
(f) Subject to the limitations of this chapter, the board shall
maintain the fund at a level that is sufficient to pay all qualified
claims. To accomplish this objective, the board shall utilize all
refunds, unexpended funds, fees, and any other moneys received by the
board.
(g) Notwithstanding Section 16346 of the Government Code, all
unencumbered funds remaining in the Transcript Reimbursement Fund as
of January 1, 2017, shall be transferred to the Court Reporters'
Fund.
(h) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 11. Section 8030.5 of the Business and Professions Code is
amended to read:
8030.5. (a) Notwithstanding subdivision (e) of Section 8030.4, as
used in this chapter the term "applicant" also means an indigent
person, as defined in subdivision (f) of Section 8030.4, appearing
pro se to represent himself or herself at any stage of the case and
applying to receive funds from the Transcript Reimbursement Fund
established by this chapter.
(b) Notwithstanding Section 8030.6, total disbursements to cover
the cost of providing transcripts to all applicants pursuant to this
section shall not exceed thirty thousand dollars ($30,000) annually
and shall not exceed one thousand five hundred dollars ($1,500) per
case.
(c) The board shall provide a report to the Senate and Assembly
Committees on Judiciary by March 1, 2012, that includes a summary of
the expenditures and claims relating to this article, including the
initial fund balance as of January 1, 2011; all funds received,
including the amount of, and reason for, any refunds pursuant to
subdivision (e) of Section 8030.2; all claims received, including the
type of case, court involved, service for which reimbursement was
sought, amount paid,
and amount denied, if any, and the reason for denial; and all
administrative fees. This report shall be provided using existing
resources.
(d) The Legislature finds and declares that there are funds
available for indigent pro se parties under this article only because
the Transcript Reimbursement Fund has not been fully utilized in
recent years by the eligible applicants for whom its use has been
intended, despite the evident financial need among legal services
organizations and pro bono attorneys. Accordingly, the board shall,
using existing resources, undertake further efforts to publicize the
availability of the Transcript Reimbursement Fund to prospective
applicants, as defined in subdivision (e) of Section 8030.4, through
appropriate entities serving these applicants, including the State
Bar of California, the California Commission on Access to Justice,
and the Legal Aid Association of California. These efforts shall be
described in the report required by subdivision (c).
(e) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2017, deletes or extends that
date.
SEC. 12. Section 9812.5 of the Business and Professions Code is
amended to read:
9812.5. The director shall gather evidence of violations of this
chapter and of any regulation established hereunder by any service
contractor, whether registered or not, and by any employee, partner,
officer, or member of any service contractor. The director shall, on
his or her own initiative, conduct spot check investigations of
service contractors throughout the state on a continuous basis. This
section shall remain in effect only until January 1, 2015, and as of
that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2015, deletes or extends that date.
SEC. 13. Section 9830.5 of the Business and Professions Code is
amended to read:
9830.5. Each service contractor shall pay the fee required by
this chapter for each place of business operated by him or her in
this state and shall register with the bureau upon forms prescribed
by the director. The forms shall contain sufficient information to
identify the service contractor, including name, address, retail
seller's permit number, if a permit is required under the Sales and
Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of
the Revenue and Taxation Code), a copy of the certificate of
qualification as filed with the Secretary of State if the service
contractor is a foreign corporation, and other identifying data to be
prescribed by the bureau. If the business is to be carried on under
a fictitious name, that fictitious name shall be stated. If the
service contractor is a partnership, identifying data shall be stated
for each partner. If the service contractor is a private company
that does not file an annual report on Form 10-K with the Securities
and Exchange Commission, data shall be included for each of the
officers and directors of the company as well as for the individual
in charge of each place of the service contractor's business in the
State of California, subject to any regulations the director may
adopt. If the service contractor is a publicly held corporation or a
private company that files an annual report on Form 10-K with the
Securities and Exchange Commission, it shall be sufficient for
purposes of providing data for each of the officers and directors of
the corporation or company to file with the director the most recent
annual report on Form 10-K that is filed with the Securities and
Exchange Commission.
A service contractor who does not operate a place of business in
this state but who sells, issues, or administers service contracts in
this state, shall hold a valid registration issued by the bureau and
shall pay the registration fee required by this chapter as if he or
she had a place of business in this state.
This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.
SEC. 14. Section 9832.5 of the Business and Professions Code is
amended to read:
9832.5. (a) Registrations issued under this chapter shall expire
no more than 12 months after the issue date. The expiration date of
registrations shall be set by the director in a manner to best
distribute renewal procedures throughout the year.
(b) To renew an unexpired registration, the service contractor
shall, on or before the expiration date of the registration, apply
for renewal on a form prescribed by the director, and pay the renewal
fee prescribed by this chapter.
(c) To renew an expired registration, the service contractor shall
apply for renewal on a form prescribed by the director, pay the
renewal fee in effect on the last regular renewal date, and pay all
accrued and unpaid delinquency and renewal fees.
(d) Renewal is effective on the date that the application is
filed, the renewal fee is paid, and all delinquency fees are paid.
(e) For purposes of implementing the distribution of the renewal
of registrations throughout the year, the director may extend, by not
more than six months, the date fixed by law for renewal of a
registration, except that, in that event, any renewal fee that may be
involved shall be prorated in such a manner that no person shall be
required to pay a greater or lesser fee than would have been required
had the change in renewal dates not occurred.
(f) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2015, deletes or extends
that date.
SEC. 15. Section 9847.5 of the Business and Professions Code is
amended to read:
9847.5. Each service contractor shall maintain those records as
are required by the regulations adopted to carry out the provisions
of this chapter for a period of at least three years. These records
shall be open for reasonable inspection by the director or other law
enforcement officials.
This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.
SEC. 16. Section 9849 of the Business and Professions Code, as
amended by Section 49 of Chapter 354 of the Statutes of 2007, is
amended to read:
9849. The expiration of a valid registration shall not deprive
the director of jurisdiction to proceed with any investigation or
hearing on a cease and desist order against a service dealer or
service contractor or to render a decision to suspend, revoke, or
place on probation a registration.
This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.
SEC. 17. Section 9849 of the Business and Professions Code, as
amended by Section 50 of Chapter 354 of the Statutes of 2007, is
amended to read:
9849. The expiration of a valid registration shall not deprive
the director of jurisdiction to proceed with any investigation or
hearing on a cease and desist order against a service dealer or to
render a decision to suspend, revoke, or place on probation a
registration.
This section shall become operative on January 1, 2015.
SEC. 18. Section 9851 of the Business and Professions Code, as
amended by Section 51 of Chapter 354 of the Statutes of 2007, is
amended to read:
9851. The superior court in and for the county wherein any person
carries on, or attempts to carry on, business as a service dealer or
service contractor in violation of the provisions of this chapter,
or any regulation thereunder, shall, on application of the director,
issue an injunction or other appropriate order restraining that
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, except that the director shall not be required to
allege facts necessary to show or tending to show lack of an adequate
remedy at law or irreparable injury.
This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.
SEC. 19. Section 9851 of the Business and Professions Code, as
amended by Section 52 of Chapter 354 of the Statutes of 2007, is
amended to read:
9851. The superior court in and for the county wherein any person
carries on, or attempts to carry on, business as a service dealer in
violation of the provisions of this chapter, or any regulation
thereunder, shall, on application of the director, issue an
injunction or other appropriate order restraining that 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, except that the director shall not be required to
allege facts necessary to show or tending to show lack of an adequate
remedy at law or irreparable injury.
This section shall become operative on January 1, 2015.
SEC. 20. Section 9853 of the Business and Professions Code, as
amended by Section 53 of Chapter 354 of the Statutes of 2007, is
amended to read:
9853. 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, and duties of a service dealer or service
contractor is deemed to be a conviction within the meaning of this
article. The director may suspend, revoke, or place on probation a
registration, or may deny 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 that 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.
This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.
SEC. 21. Section 9853 of the Business and Professions Code, as
amended by Section 54 of Chapter 354 of the Statutes of 2007, is
amended to read:
9853. 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, and duties of a service dealer is deemed
to be a conviction within the meaning of this article. The director
may suspend, revoke, or place on probation a registration, or may
deny 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 that 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.
This section shall become operative on January 1, 2015.
SEC. 22. Section 9860 of the Business and Professions Code, as
amended by Section 58 of Chapter 354 of the Statutes of 2007, is
amended to read:
9860. The director shall establish procedures for accepting
complaints from the public against any service dealer or service
contractor.
This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.
SEC. 23. Section 9860 of the Business and Professions Code, as
amended by Section 59 of Chapter 354 of the Statutes of 2007, is
amended to read:
9860. The director shall establish procedures for accepting
complaints from the public against any service dealer.
This section shall become operative on January 1, 2015.
SEC. 24. Section 9862.5 of the Business
and Professions Code is amended to read:
9862.5. If a complaint indicates a possible violation of this
chapter or of the regulations adopted pursuant to this chapter, the
director may advise the service contractor of the contents of the
complaint and, if the service contractor is so advised, the director
shall make a summary investigation of the facts after the service
dealer has had reasonable opportunity to reply thereto.
This section shall remain in effect only until January 1,
2013 2015 , and as of that date is repealed,
unless a later enacted statute, that is enacted before January 1,
2013 2015 , deletes or extends that
date.
SEC. 24. SEC. 25. Section 9863 of
the Business and Professions Code, as amended by Section 61 of
Chapter 354 of the Statutes of 2007, is amended to read:
9863. If, upon summary investigation, it appears probable to the
director that a violation of this chapter, or the regulations
thereunder, has occurred, the director, in his or her discretion, may
suggest measures that in the director's judgment would compensate
the complainant for the damages he or she has suffered as a result of
the alleged violation. If the service dealer or service contractor
accepts the director's suggestions and performs accordingly, the
director shall give that fact due consideration in any subsequent
disciplinary proceeding. If the service dealer or service contractor
declines to abide by the suggestions of the director, the director
may investigate further and may institute disciplinary proceedings in
accordance with the provisions of this chapter.
This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.
SEC. 25. SEC. 26. Section 9863 of
the Business and Professions Code, as amended by Section 62 of
Chapter 354 of the Statutes of 2007, is amended to read:
9863. If, upon summary investigation, it appears probable to the
director that a violation of this chapter, or the regulations
thereunder, has occurred, the director, in his or her discretion, may
suggest measures that in the director's judgment would compensate
the complainant for the damages he or she has suffered as a result of
the alleged violation. If the service dealer accepts the director's
suggestions and performs accordingly, the director shall give that
fact due consideration in any subsequent disciplinary proceeding. If
the service dealer declines to abide by the suggestions of the
director, the director may investigate further and may institute
disciplinary proceedings in accordance with the provisions of this
chapter.
This section shall become operative on January 1, 2015.
SEC. 27. Section 9873 of the Business
and Professions Code , as amended by Section 63
of Chapter 354 of the Statutes of 2007, is amended to read:
9873. The fees prescribed by this chapter shall be set by the
director by regulation, according to the following schedule:
(a) (1) The initial registration fee for an electronic repair
industry service dealer or for an appliance repair industry service
dealer is not more than one hundred sixty-five dollars ($165) for
each place of business in this state. The initial registration fee
for a service contractor is not more than seventy-five dollars ($75)
for each place of business in this state.
(2) The initial registration fee for a person who engages in
business as both an electronic repair industry service dealer and an
appliance repair industry service dealer is not more than three
hundred twenty-five dollars ($325) for each place of business in this
state. The initial registration fee for a person who is a service
contractor and engages in business as either an electronic repair
industry service dealer or an appliance repair industry service
dealer is not more than two hundred forty dollars ($240) for each
place of business in this state.
(3) The initial registration fee for a person who engages in both
the electronic repair industry and the appliance repair industry as a
service dealer and is a service contractor is not more than four
hundred dollars ($400) for each place of business in this state.
(4) On or after January 1, 2000, the initial registration fee for
a service contractor described in subdivision (e) of Section 12741 of
the Insurance Code shall be set by the director in an amount not to
exceed the actual and direct costs associated with the regulation of
those service contractors, but in no event more than fifty thousand
dollars ($50,000).
A service dealer or service contractor who does not operate a
place of business in this state, but engages in the electronic repair
industry, the appliance repair industry, or sells, issues, or
administers service contracts in this state shall pay the
registration fee specified herein as if he or she had a place of
business in this state.
(b) (1) The annual registration renewal fee for an electronic
repair industry service dealer or for an appliance repair industry
service dealer is not more than one hundred sixty-five dollars ($165)
for each place of business in this state, if renewed prior to its
expiration date. The annual registration renewal fee for a service
contractor is seventy-five dollars ($75) for each place of business
in this state, if renewed prior to its expiration date.
(2) The annual renewal fee for a service dealer who engages in the
business as both an electronic repair industry service dealer and an
appliance repair industry service dealer is not more than three
hundred dollars ($300) for each place of business in this state.
(3) The annual renewal fee for a service dealer who engages in the
electronic repair industry and the appliance repair industry and is
a service contractor is not more than three hundred seventy-five
dollars ($375) for each place of business in this state.
(4) It is the intent of the Legislature that the amount of the
annual registration renewal fee for a service contractor described in
subdivision (e) of Section 12741 of the Insurance Code shall be
evaluated and set by the Legislature.
A service dealer or service contractor who does not operate a
place of business in this state, but who engages in the electronic
repair industry, the appliance repair industry, or sells or issues
service contracts in this state shall pay the registration fee
specified herein as if he or she had a place of business in this
state.
(c) The delinquency fee is an amount equal to 50 percent of the
renewal fee for a license in effect on the date of renewal of the
license, except as otherwise provided in Section 163.5.
This section shall remain in effect only until January 1,
2013 2015 , and as of that date is
repealed, unless a later enacted statute, which is enacted before
January 1, 2013 2015 , deletes or
extends that date.
SEC. 28. Section 9873 of the Business
and Professions Code , as amended by Section 64
of Chapter 354 of the Statutes of 2007, is amended to read:
9873. The fees prescribed by this chapter shall be set by the
director by regulation, according to the following schedule:
(a) The initial registration fee for an electronic repair industry
service dealer or for an appliance repair industry service dealer is
not more than one hundred sixty-five dollars ($165) for each place
of business in this state. The initial registration fee for a person
who engages in business as both an electronic repair industry service
dealer and an appliance repair industry service dealer is not more
than three hundred twenty-five dollars ($325).
(b) The annual registration renewal fee for an electronic repair
industry service dealer or for an appliance repair industry service
dealer is not more than one hundred sixty-five dollars ($165) for
each place of business in this state, if renewed prior to its
expiration date. The annual renewal fee for a service dealer who
engages in the business as both an electronic repair industry service
dealer and an appliance repair industry service dealer is not more
than three hundred dollars ($300).
(c) The delinquency fee is an amount equal to 50 percent of the
renewal fee for a license in effect on the date of renewal of the
license, except as otherwise provided in Section 163.5.
This section shall become operative on January 1, 2013
2015 .
SEC. 26. SEC. 29. Section 12529 of
the Government Code, as amended by Section 8 of Chapter 505 of the
Statutes of 2009, is amended to read:
12529. (a) There is in the Department of Justice the Health
Quality Enforcement Section. The primary responsibility of the
section is to investigate and prosecute proceedings against licensees
and applicants within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, the Board of
Psychology, or any committee under the jurisdiction of the Medical
Board of California.
(b) The Attorney General shall appoint a Senior Assistant Attorney
General of the Health Quality Enforcement Section. The Senior
Assistant Attorney General of the Health Quality Enforcement Section
shall be an attorney in good standing licensed to practice in the
State of California, experienced in prosecutorial or administrative
disciplinary proceedings and competent in the management and
supervision of attorneys performing those functions.
(c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the most
complex and varied types of disciplinary actions against the
licensees of the board.
(d) Funding for the Health Quality Enforcement Section shall be
budgeted in consultation with the Attorney General from the special
funds financing the operations of the Medical Board of California,
the California Board of Podiatric Medicine, the Board of Psychology,
and the committees under the jurisdiction of the Medical Board of
California, with the intent that the expenses be proportionally
shared as to services rendered.
(e) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 27. SEC. 30. Section 12529 of
the Government Code, as amended by Section 9 of Chapter 505 of the
Statutes of 2009, is amended to read:
12529. (a) There is in the Department of Justice the Health
Quality Enforcement Section. The primary responsibility of the
section is to prosecute proceedings against licensees and applicants
within the jurisdiction of the Medical Board of California, the
California Board of Podiatric Medicine, the Board of Psychology, or
any committee under the jurisdiction of the Medical Board of
California, and to provide ongoing review of the investigative
activities conducted in support of those prosecutions, as provided in
subdivision (b) of Section 12529.5.
(b) The Attorney General shall appoint a Senior Assistant Attorney
General of the Health Quality Enforcement Section. The Senior
Assistant Attorney General of the Health Quality Enforcement Section
shall be an attorney in good standing licensed to practice in the
State of California, experienced in prosecutorial or administrative
disciplinary proceedings and competent in the management and
supervision of attorneys performing those functions.
(c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the most
complex and varied types of disciplinary actions against the
licensees of the board.
(d) Funding for the Health Quality Enforcement Section shall be
budgeted in consultation with the Attorney General from the special
funds financing the operations of the Medical Board of California,
the California Board of Podiatric Medicine, the Board of Psychology,
and the committees under the jurisdiction of the Medical Board of
California, with the intent that the expenses be proportionally
shared as to services rendered.
(e) This section shall become operative January 1, 2014.
SEC. 28. SEC. 31. Section 12529.5 of
the Government Code, as amended by Section 10 of Chapter 505 of the
Statutes of 2009, is amended to read:
12529.5. (a) All complaints or relevant information concerning
licensees that are within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, or the Board
of Psychology shall be made available to the Health Quality
Enforcement Section.
(b) The Senior Assistant Attorney General of the Health Quality
Enforcement Section shall assign attorneys to work on location at the
intake unit of the boards described in subdivision (d) of Section
12529 to assist in evaluating and screening complaints and to assist
in developing uniform standards and procedures for processing
complaints.
(c) The Senior Assistant Attorney General or his or her deputy
attorneys general shall assist the boards or committees in designing
and providing initial and in-service training programs for staff of
the boards or committees, including, but not limited to, information
collection and investigation.
(d) The determination to bring a disciplinary proceeding against a
licensee of the boards shall be made by the executive officer of the
boards or committees as appropriate in consultation with the senior
assistant.
(e) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 29. SEC. 32. Section 12529.5 of
the Government Code, as amended by Section 11 of Chapter 505 of the
Statutes of 2009, is amended to read:
12529.5. (a) All complaints or relevant information concerning
licensees that are within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, or the Board
of Psychology shall be made available to the Health Quality
Enforcement Section.
(b) The Senior Assistant Attorney General of the Health Quality
Enforcement Section shall assign attorneys to assist the boards in
intake and investigations and to direct
discipline-related prosecutions. Attorneys shall
be assigned to work closely with each major intake and investigatory
unit of the boards, to assist in the evaluation and screening of
complaints from receipt through disposition and to assist in
developing uniform standards and procedures for the handling of
complaints and investigations.
A deputy attorney general of the Health Quality Enforcement
Section shall frequently be available on location at each of the
working offices at the major investigation centers of the boards, to
provide consultation and related services and engage in case review
with the boards' investigative, medical advisory, and intake staff.
The Senior Assistant Attorney General and deputy attorneys general
working at his or her direction shall consult as appropriate with the
investigators of the boards, medical advisors, and executive staff
in the investigation and prosecution of disciplinary cases.
(c) The Senior Assistant Attorney General or his or her deputy
attorneys general shall assist the boards or committees in designing
and providing initial and in-service training programs for staff of
the boards or committees, including, but not limited to, information
collection and investigation.
(d) The determination to bring a disciplinary proceeding against a
licensee of the boards shall be made by the executive officer of the
boards or committees as appropriate in consultation with the senior
assistant.
(e) This section shall become operative January 1, 2014.
SEC. 30. SEC. 33. Section 12529.6 of
the Government Code is amended to read:
12529.6. (a) The Legislature finds and declares that the Medical
Board of California, by ensuring the quality and safety of medical
care, performs one of the most critical functions of state
government. Because of the critical importance of the board's public
health and safety function, the complexity of cases involving alleged
misconduct by physicians and surgeons, and the evidentiary burden in
the board's disciplinary cases, the Legislature finds and declares
that using a vertical enforcement and prosecution model for those
investigations is in the best interests of the people of California.
(b) Notwithstanding any other provision of law, as of January 1,
2006, each complaint that is referred to a district office of the
board for investigation shall be simultaneously and jointly assigned
to an investigator and to the deputy attorney general in the Health
Quality Enforcement Section responsible for prosecuting the case if
the investigation results in the filing of an accusation. The joint
assignment of the investigator and the deputy attorney general shall
exist for the duration of the disciplinary matter. During the
assignment, the investigator so assigned shall, under the direction
but not the supervision of the deputy attorney general, be
responsible for obtaining the evidence required to permit the
Attorney General to advise the board on legal matters such as whether
the board should file a formal accusation, dismiss the complaint for
a lack of evidence required to meet the applicable burden of proof,
or take other appropriate legal action.
(c) The Medical Board of California, the Department of Consumer
Affairs, and the Office of the Attorney General shall, if necessary,
enter into an interagency agreement to implement this section.
(d) This section does not affect the requirements of Section
12529.5 as applied to the Medical Board of California where
complaints that have not been assigned to a field office for
investigation are concerned.
(e) It is the intent of the Legislature to enhance the vertical
enforcement and prosecution model as set forth in subdivision (a).
The Medical Board of California shall do all of the following:
(1) Increase its computer capabilities and compatibilities with
the Health Quality Enforcement Section in order to share case
information.
(2) Establish and implement a plan to locate its enforcement staff
and the staff of the Health Quality Enforcement Section in the same
offices, as appropriate, in order to carry out the intent of the
vertical enforcement and prosecution model.
(3) Establish and implement a plan to assist in team building
between its enforcement staff and the staff of the Health Quality
Enforcement Section in order to ensure a common and consistent
knowledge base.
(f) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 31. SEC. 34. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution because the only costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.
