Bill Text: CA SB294 | 2009-2010 | Regular Session | Chaptered
Bill Title: Professions and vocations: regulation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-09-30 - Chaptered by Secretary of State. Chapter 695, Statutes of 2010. [SB294 Detail]
Download: California-2009-SB294-Chaptered.html
BILL NUMBER: SB 294 CHAPTERED
BILL TEXT
CHAPTER 695
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2010
APPROVED BY GOVERNOR SEPTEMBER 30, 2010
PASSED THE SENATE AUGUST 19, 2010
PASSED THE ASSEMBLY AUGUST 18, 2010
AMENDED IN ASSEMBLY AUGUST 17, 2010
AMENDED IN ASSEMBLY AUGUST 2, 2010
AMENDED IN ASSEMBLY JUNE 16, 2010
AMENDED IN ASSEMBLY SEPTEMBER 4, 2009
AMENDED IN ASSEMBLY JULY 1, 2009
AMENDED IN ASSEMBLY JUNE 8, 2009
AMENDED IN SENATE MARCH 31, 2009
INTRODUCED BY Senator Negrete McLeod
FEBRUARY 25, 2009
An act to amend Sections 2001, 2020, 2531, 2569, 2570.19, 2701,
2708, 2920, 2933, 3010.5, 3014.6, 3504, 3512, 3685, 3686, 3710, 3716,
4620, 4928, 4934, 4990, 4990.04, 5000, 5015.6, 5510, 5517, 5552.5,
5620, 5621, 5622, 5810, 6510, 6710, 6714, 7000.5, 7011, 7200, 7303,
8000, 8005, 8520, 8528, 8710, 11506, 18602, 18613, 22259 of, to amend
and repeal Section 2531.75 of, and to add Section 4614 to, the
Business and Professions Code, and to amend Section 94950 of the
Education Code, relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
SB 294, Negrete McLeod. Professions and vocations: regulation.
(1) Existing law provides for the licensure and regulation of
various healing arts licensees by various boards, as defined, within
the Department of Consumer Affairs, including the California Board of
Occupational Therapy and the Physician Assistant Committee of the
Medical Board of California. Existing law requires the Physician
Assistant Committee of the Medical Board of California to appoint an
executive officer. Under existing law, those provisions regarding the
California Board of Occupational Therapy will become inoperative on
July 1, 2013, and will be repealed on January 1, 2014. Those
provisions governing the Physician Assistant Committee of the Medical
Board of California will become inoperative on July 1, 2011, and
will be repealed on January 1, 2012.
Under this bill, the provisions relating to the California Board
of Occupational Therapy would become inoperative and be repealed on
January 1, 2014, and the provisions concerning the Physician
Assistant Committee of the Medical Board of California would become
inoperative and be repealed on January 1, 2013.
Existing law provides for the licensure and regulation of certain
healing arts licensees by the Medical Board of California, the State
Board of Optometry, and the Respiratory Care Board of California.
Existing law authorizes these boards to employ or appoint an
executive director or executive officer. Existing law repeals these
provisions on January 1, 2013. Existing law makes the Speech-Language
Pathology and Audiology and Hearing Aid Dispensers Board responsible
for the licensure of speech-language pathologists, audiologists, and
hearing aid dispensers and authorizes the board to appoint an
executive officer. Existing law repeals these provisions on January
1, 2012. Under existing law, the Board of Psychology is responsible
for the licensure and regulation of psychologists and is authorized
to employ an executive officer. Existing law repeals these provisions
on January 1, 2011.
This bill would repeal these provisions on January 1, 2014.
Existing law provides for the regulation of registered dispensing
opticians by the Medical Board of California and provides that the
powers and duties of the board in that regard shall be subject to
review by the Joint Committee on Boards, Commissions, and Consumer
Protection as if those provisions were scheduled to become
inoperative on July 1, 2003, and repealed on January 1, 2004.
This bill would make the powers and duties of the board subject to
that review as if those provisions were scheduled to be repealed on
January 1, 2014.
Existing law provides for the licensure and regulation of
specified healing arts licensees by the Acupuncture Board and the
Board of Behavioral Sciences (BBS). Existing law authorizes the
Acupuncture Board to appoint an executive officer and requires BBS to
appoint an executive officer. Under existing law, these provisions
are repealed on January 1, 2011.
Under this bill, these provisions would be repealed on January 1,
2013.
Existing law provides for the licensure and regulation of
registered nurses by the Board of Registered Nursing and requires the
board to appoint an executive officer. Under existing law, these
provisions are repealed on January 1, 2013.
This bill would instead repeal these provisions on January 1,
2012.
Existing law provides for the licensure and regulation of
naturopathic doctors by the Naturopathic Medicine Committee within
the Osteopathic Medical Board of California. Existing law provides
that these regulatory provisions are repealed on January 1, 2013.
This bill would provide that these regulatory provisions are
repealed on January 1, 2014.
(2) Existing law provides for the licensure and regulation of
various professions and vocations by boards within the department,
including, the California Board of Accountancy, the California
Architects Board, the Landscape Architects Technical Committee,
Professional Fiduciaries Bureau, the Board for Professional Engineers
and Land Surveyors, and the State Board of Guide Dogs for the Blind.
Existing law requires or authorizes, with certain exceptions, these
boards to appoint an executive officer or a registrar. With respect
to the Professional Fiduciaries Bureau, existing law authorizes the
Governor to appoint the chief of the bureau. Under existing law,
these provisions will become inoperative on July 1, 2011, and will be
repealed on January 1, 2012.
This bill would make these provisions, inoperative and repealed on
January 1, 2012.
Existing law authorizes the California Architects Board to
implement an intern development program until July 1, 2011.
This bill would authorize the board to implement that program
until July 1, 2012.
Existing law establishes in the Department of Pesticide Regulation
a Structural Pest Control Board and requires the board, with the
approval of the director of the department, to appoint a registrar.
These provisions shall become inoperative on July 1, 2011, and are
repealed on January 1, 2012.
This bill would make those provisions inoperative and repealed on
January 1, 2015.
Existing law provides for the certification and regulation of
interior designers until January 1, 2013.
This bill would extend the operation of these provisions to
January 1, 2014.
Existing law provides for the regulation of certified common
interest development managers and tax preparers and repeals these
provisions on January 1, 2012.
This bill would repeal these provisions on January 1, 2015.
Under existing law, there is the Contractors' State License Board
within the department and it is responsible for the licensure and
regulation of contractors and existing law requires the board to
appoint a registrar. Under existing law, these provisions are
repealed on January 1, 2011.
This bill would repeal these provisions on January 1, 2012.
Existing law provides for the licensure and regulation of
barbering and cosmetology by the Board of Barbering and Cosmetology
and existing law authorizes the board to appoint an executive
officer. Under existing law, these provisions are repealed on January
1, 2012.
This bill would repeal these provisions on January 1, 2014.
Under existing law, the practice of shorthand reporting is
regulated by the Court Reporters Board of California and existing law
authorizes the board to appoint committees. These provisions are
repealed on January 1, 2011.
This bill would repeal these provisions on January 1, 2013.
Under existing law, the State Athletic Commission is responsible
for licensing and regulating boxing, kickboxing, and martial arts
matches and is required to appoint an executive officer. Existing law
repeals these provisions on January 1, 2011.
This bill would repeal these provisions on January 1, 2012.
(3) Existing law, the California Private Postsecondary Education
Act of 2009, provides for the regulation of private postsecondary
educational institutions by the Bureau for Private Postsecondary
Education in the Department of Consumer Affairs. Existing law repeals
that act on January 1, 2016.
This bill would repeal the act on January 1, 2015.
(4) Existing law, until January 1, 2016, provides for the
voluntary certification of massage practitioners and massage
therapists by a nonprofit Massage Therapy Organization that is
governed by a board of directors, and imposes certain duties on that
organization. Existing law prohibits a city, county, or city and
county from enacting an ordinance that requires a certificate holder
to obtain any other license, permit, or other authorization to engage
in the practice of massage in addition to the certificate issued by
the organization.
This bill would repeal these provisions on January 1, 2015. The
bill would specify that establishing a uniform standard of
certification and regulation of massage practitioners and massage
therapists is a matter of statewide concern, and the massage therapy
provisions apply to all cities and counties, including charter cities
and charter counties.
(5) This bill would incorporate additional changes in Section
2570.19 of the Business and Professions Code proposed by SB 999 and
SB 1489, to be operative if SB 999 and SB 1489, or either of them,
and this bill become effective on or before January 1, 2011, and this
bill is enacted last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2001 of the Business and Professions Code is
amended to read:
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 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. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).
SEC. 2. Section 2020 of the Business and Professions Code is
amended to read:
2020. (a) The board 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 this chapter into
effect. The board 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 shall be provided special training in
investigating medical practice activities.
(b) The Attorney General shall act as legal counsel for the board
for any judicial and administrative proceedings and his or her
services shall be a charge against it.
(c) 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. 3. Section 2531 of the Business and Professions Code is
amended to read:
2531. (a) There is in the Department of Consumer Affairs a
Speech-Language Pathology and Audiology and Hearing Aid Dispensers
Board in which the enforcement and administration of this chapter are
vested. The Speech-Language Pathology and Audiology and Hearing Aid
Dispensers Board shall consist of nine members, three of whom shall
be public members.
(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. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).
SEC. 4. Section 2531.75 of the Business and Professions Code, as
added by Section 4 of Chapter 35 of the Statutes of 2008, is amended
to read:
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 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 2531.75 of the Business and Professions Code, as
amended by Section 5 of Chapter 33 of the Statutes of 2008, is
repealed.
SEC. 6. Section 2569 of the Business and Professions Code is
amended to read:
2569. The powers and duties of the board, as set forth in this
chapter, shall be subject to the review required by Division 1.2
(commencing with Section 473). The review shall be performed as if
this chapter were scheduled to be repealed as of January 1, 2014, as
described in Section 473.1.
SEC. 7. Section 2570.19 of the Business and Professions Code is
amended to read:
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 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. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).
SEC. 7.5. Section 2570.19 of the Business and Professions Code is
amended to read:
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, of any other board under this division, 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 Committee on Rules, 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) 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. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).
SEC. 7.7. Section 2570.19 of the Business and Professions Code is
amended to read:
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 Committee on Rules, 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) 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. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).
SEC. 7.9. Section 2570.19 of the Business and Professions Code is
amended to read:
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, of any other board under this division, 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 Committee on Rules, 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) 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. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).
SEC. 8. Section 2701 of the Business and Professions Code is
amended to read:
2701. (a) There is in the Department of Consumer Affairs the
Board of Registered Nursing consisting of nine members.
(b) Within the meaning of this chapter, board, or the board,
refers to the Board of Registered Nursing. Any reference in state law
to the 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.
(c) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).
SEC. 9. Section 2708 of the Business and Professions Code is
amended to read:
2708. (a) 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.
(b) The executive officer shall be a nurse currently licensed
under this chapter and shall possess other qualifications as
determined by the board.
(c) The executive officer shall not be a member of the board.
(d) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 10. Section 2920 of the Business and Professions Code is
amended to read:
2920. The Board of Psychology shall enforce and administer this
chapter. The board shall consist of nine members, four of whom shall
be public members.
This section shall remain in effect only until January 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2013, deletes or extends that date.
SEC. 11. Section 2933 of the Business and Professions Code is
amended to read:
2933. Except as provided by Section 159.5, the board shall employ
and shall make available to the board within the limits of the funds
received by the board 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 shall
make all expenditures to carry out this chapter. The board may
accept contributions to effectuate the purposes of this chapter.
This section shall remain in effect only until January 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2013, deletes or extends that date.
SEC. 12. Section 3010.5 of the Business and Professions Code is
amended to read:
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 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. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).
SEC. 13. Section 3014.6 of the Business and Professions Code is
amended to read:
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 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. 14. Section 3504 of the Business and Professions Code is
amended to read:
3504. There is established a Physician Assistant Committee of the
Medical Board of California. The committee consists of nine members.
This section shall remain in effect only until January 1, 2013, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2013, deletes or extends that date. The
repeal of this section renders the committee subject to the review
required by Division 1.2 (commencing with Section 473).
SEC. 15. 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 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 shall make all necessary
expenditures to carry out the provisions of this chapter from the
funds established by Section 3520. The committee may accept
contributions to effect the purposes of this chapter.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 16. Section 3685 of the Business and Professions Code is
amended to read:
3685. (a) The repeal of this chapter renders the committee
subject to the review required by Division 1.2 (commencing with
Section 473).
(b) The committee shall prepare the report required by Section
473.2 no later than September 1, 2012.
SEC. 17. Section 3686 of the Business
and Professions Code is amended to read:
3686. This chapter 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. 18. Section 3710 of the Business and Professions Code is
amended to read:
3710. (a) The Respiratory Care Board of California, hereafter
referred to as the board, shall enforce and administer this chapter.
(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. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).
SEC. 19. Section 3716 of the Business and Professions Code is
amended to read:
3716. The board 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 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. 19.1. Section 4614 is added to the Business and Professions
Code, to read:
4614. The Legislature finds and declares that due to important
health, safety, and welfare concerns that affect the entire state,
establishing a uniform standard of certification and regulation of
massage practitioners and massage therapists upon which consumers may
rely to identify individuals who have achieved specified levels of
education, training, and skill is a matter of statewide concern and
not a municipal affair, as that term is used in Section 5 of Article
XI of the California Constitution. Therefore, this chapter shall
apply to all cities and counties, including charter cities and
charter counties.
SEC. 20. Section 4620 of the Business and Professions Code is
amended to read:
4620. This chapter 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 4928 of the Business and Professions Code is
amended to read:
4928. The Acupuncture Board, which consists of seven members,
shall enforce and administer this chapter.
This section shall remain in effect only until January 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2013, deletes or extends that date.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
SEC. 22. Section 4934 of the Business and Professions Code is
amended to read:
4934. (a) The board, by and with the approval of the director,
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 remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 23. Section 4990 of the Business and Professions Code is
amended to read:
4990. (a) There is in the Department of Consumer Affairs, a Board
of Behavioral Sciences that consists of the following members:
(1) Two state licensed clinical social workers.
(2) One state licensed educational psychologist.
(3) Two state licensed marriage and family therapists.
(4) Commencing January 1, 2012, one state licensed professional
clinical counselor.
(5) Seven public members.
(b) Each member, except the seven 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 five of the public members and the
six 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 remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 24. Section 4990.04 of the Business and Professions Code is
amended to read:
4990.04. (a) The board shall appoint an executive officer. This
position is designated as a confidential position and is exempt from
civil service under subdivision (e) of Section 4 of Article VII of
the California Constitution.
(b) The executive officer serves at the pleasure of the board.
(c) The executive officer shall exercise the powers and perform
the duties delegated by the board and vested in him or her by this
chapter.
(d) With the approval of the director, the board shall fix the
salary of the executive officer.
(e) The chairperson and executive officer may call meetings of the
board and any duly appointed committee at a specified time and
place. For purposes of this section, "call meetings" means setting
the agenda, time, date, or place for any meeting of the board or any
committee.
(f) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 25. Section 5000 of the Business and Professions Code is
amended to read:
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 remain in effect only until January 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2012, deletes or extends that date.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. 26. Section 5015.6 of the Business and Professions Code is
amended to read:
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 remain in effect only until January 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2012, deletes or extends that date.
SEC. 27. Section 5510 of the Business and Professions Code is
amended to read:
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 remain in effect only until January 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2012, deletes or extends that date. The
repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
SEC. 28. Section 5517 of the Business and Professions Code is
amended to read:
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 remain in effect only until January 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2012, deletes or extends that date.
SEC. 29. Section 5552.5 of the Business and Professions Code is
amended to read:
5552.5. The board may, by regulation, implement an intern
development program until July 1, 2012.
SEC. 30. Section 5620 of the Business and Professions Code is
amended to read:
5620. The duties, powers, purposes, responsibilities, and
jurisdiction of the California State Board of Landscape Architects
that were succeeded to and vested with the Department of Consumer
Affairs in accordance with Chapter 908 of the Statutes of 1994 are
hereby transferred to the California Architects Board. The
Legislature finds that the purpose for the transfer of power is to
promote and enhance the efficiency of state government and that
assumption of the powers and duties by the California Architects
Board shall not be viewed or construed as a precedent for the
establishment of state regulation over a profession or vocation that
was not previously regulated by a board, as defined in Section 477.
(a) There is in the Department of Consumer Affairs a California
Architects Board as defined in Article 2 (commencing with Section
5510) of Chapter 3.
Whenever in this chapter "board" is used, it refers to the
California Architects Board.
(b) Except as provided herein, the board may delegate its
authority under this chapter to the Landscape Architects Technical
Committee.
(c) After review of proposed regulations, the board may direct the
examining committee to notice and conduct hearings to adopt, amend,
or repeal regulations pursuant to Section 5630, provided that the
board itself shall take final action to adopt, amend, or repeal those
regulations.
(d) The board shall not delegate its authority to discipline a
landscape architect or to take action against a person who has
violated this chapter.
(e) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 31. Section 5621 of the Business and Professions Code is
amended to read:
5621. (a) There is hereby created within the jurisdiction of the
board, a Landscape Architects Technical Committee, hereinafter
referred to in this chapter as the landscape architects committee.
(b) The landscape architects committee shall consist of five
members who shall be licensed to practice landscape architecture in
this state. The Governor shall appoint three of the members. The
Senate Committee on Rules and the Speaker of the Assembly shall
appoint one member each.
(c) The initial members to be appointed by the Governor are as
follows: one member for a term of one year; one member for a term of
two years; and one member for a term of three years. The Senate
Committee on Rules and the Speaker of the Assembly shall initially
each appoint one member for a term of four years. Thereafter,
appointments shall be made for four-year terms, expiring on June 1 of
the fourth year and until the appointment and qualification of his
or her successor or until one year shall have elapsed, whichever
first occurs. Vacancies shall be filled for the unexpired term.
(d) No person shall serve as a member of the landscape architects
committee for more than two consecutive terms.
(e) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 32. Section 5622 of the Business and Professions Code is
amended to read:
5622. (a) The landscape architects committee may assist the board
in the examination of candidates for a landscape architect's license
and, after investigation, evaluate and make recommendations
regarding potential violations of this chapter.
(b) The landscape architects committee may investigate, assist,
and make recommendations to the board regarding the regulation of
landscape architects in this state.
(c) The landscape architects committee may perform duties and
functions that have been delegated to it by the board pursuant to
Section 5620.
(d) The landscape architects committee may send a representative
to all meetings of the full board to report on the committee's
activities.
(e) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 33. Section 5810 of the Business and Professions Code is
amended to read:
5810. (a) This chapter shall be subject to the review required by
Division 1.2 (commencing with Section 473).
(b) This chapter 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. 34. Section 6510 of the Business and Professions Code is
amended to read:
6510. (a) There is within the jurisdiction of the department the
Professional Fiduciaries Bureau. The bureau is under the supervision
and control of the director. The duty of enforcing and administering
this chapter is vested in the chief of the bureau, who is responsible
to the director. Every power granted or duty imposed upon the
director under this chapter may be exercised or performed in the name
of the director by a deputy director or by the chief, subject to
conditions and limitations as the director may prescribe.
(b) The Governor shall appoint, subject to confirmation by the
Senate, the chief of the bureau, at a salary to be fixed and
determined by the director with the approval of the Director of
Finance. The chief shall serve under the direction and supervision of
the director and at the pleasure of the Governor.
(c) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.The repeal of this section renders the bureau subject to
the review required by Division 1.2 (commencing with Section 473).
Notwithstanding any other provision of law, upon the repeal of
this section, the responsibilities and jurisdiction of the bureau
shall be transferred to the Professional Fiduciaries Advisory
Committee, as provided by Section 6511.
SEC. 35. Section 6710 of the Business and Professions Code is
amended to read:
6710. (a) There is in the Department of Consumer Affairs a Board
for Professional Engineers and Land Surveyors, which consists of 13
members.
(b) Any reference in any law or regulation to the Board of
Registration for Professional Engineers and Land Surveyors is deemed
to refer to the Board for Professional Engineers and Land Surveyors.
(c) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.The repeal of this section renders the board subject to the
review required by Division 1.2 (commencing with Section 473).
SEC. 36. Section 6714 of the Business and Professions Code is
amended to read:
6714. The board shall appoint an executive officer at a salary to
be fixed and determined by the board with the approval of the
Director of Finance.
This section shall remain in effect only until January 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2012, deletes or extends that date.
SEC. 37. Section 7000.5 of the Business and Professions Code is
amended to read:
7000.5. (a) There is in the Department of Consumer Affairs a
Contractors' State License Board, which consists of 15 members.
(b) 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 this board by the department shall be limited
to only those unresolved issues identified by the Joint Committee on
Boards, Commissions, and Consumer Protection.
(c) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
SEC. 38. Section 7011 of the Business and Professions Code is
amended to read:
7011. The board, by and with the approval of the director, shall
appoint a registrar of contractors and fix his or her compensation.
The registrar shall be the executive officer and secretary of the
board and shall carry out all of the administrative duties as
provided in this chapter and as delegated to him or her by the board.
For the purpose of administration of this chapter, there may be
appointed a deputy registrar, a chief reviewing and hearing officer,
and, subject to Section 159.5, other assistants and subordinates as
may be necessary.
Appointments shall be made in accordance with the provisions of
civil service laws.
This section shall remain in effect only until January 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2012, deletes or extends that date.
SEC. 39. Section 7200 of the Business and Professions Code is
amended to read:
7200. (a) There is in the Department of Consumer Affairs a State
Board of Guide Dogs for the Blind in whom enforcement of this chapter
is vested. The board shall consist of seven members appointed by the
Governor. One member shall be the Director of Rehabilitation or his
or her designated representative. The remaining members shall be
persons who have shown a particular interest in dealing with the
problems of the blind, and at least two of them shall be blind
persons who use guide dogs.
(b) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.The repeal of this section renders the board subject to the
review required by Division 1.2 (commencing with Section 473).
SEC. 40. Section 7303 of the Business and Professions Code is
amended to read:
7303. (a) Notwithstanding Article 8 (commencing with Section
9148) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the
Government Code, there is in the Department of Consumer Affairs the
State Board of Barbering and Cosmetology in which the administration
of this chapter is vested.
(b) The board shall consist of nine members. Five members shall be
public members, and four members shall represent the professions.
The Governor shall appoint three of the public members and the four
professional members. The Senate Committee on Rules and the Speaker
of the Assembly shall each appoint one public member. Members of the
board shall be appointed for a term of four years, except that of the
members appointed by the Governor, two of the public members and two
of the professions members shall be appointed for an initial term of
two years. No board member may serve longer than two consecutive
terms.
(c) The board may appoint an executive officer who is exempt from
civil service. The executive officer shall exercise the powers and
perform the duties delegated by the board and vested in him or her by
this chapter. The appointment of the executive officer is subject to
the approval of the director. In the event that a newly authorized
board replaces an existing or previous bureau, the director may
appoint an interim executive officer for the board who shall serve
temporarily until the new board appoints a permanent executive
officer.
(d) The executive officer shall provide examiners, inspectors, and
other personnel necessary to carry out the provisions of this
chapter.
(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. 41. Section 8000 of the Business and Professions Code is
amended to read:
8000. 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.
This section shall remain in effect only until January 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2013, deletes or extends that date.
SEC. 42. 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, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2013, deletes or extends that date.
SEC. 43. Section 8520 of the Business and Professions Code is
amended to read:
8520. (a) There is in the Department of Pesticide Regulation a
Structural Pest Control Board, which consists of seven members.
(b) Subject to the jurisdiction conferred upon the director by
Division 6 (commencing with Section 11401) of the Food and
Agricultural Code, the board is vested with the power to and shall
administer the provisions of this chapter.
(c) It is the intent of the Legislature that consumer protection
is the primary mission of the board.
(d) 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.The repeal of this section renders the board subject to the
review required by Division 1.2 (commencing with Section 473).
SEC. 44. Section 8528 of the Business and Professions Code is
amended to read:
8528. With the approval of the director, the board shall appoint
a registrar, fix his or her compensation, and prescribe his or her
duties.
The registrar is the executive officer and secretary of the board.
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. 45. Section 8710 of the Business and Professions Code is
amended to read:
8710. (a) The Board for Professional Engineers and Land Surveyors
is vested with power to administer the provisions and requirements
of this chapter, and may make and enforce rules and regulations that
are reasonably necessary to carry out its provisions.
(b) The board may adopt rules and regulations of professional
conduct that are not inconsistent with state and federal law. The
rules and regulations may include definitions of incompetence and
negligence. Every person who holds a license or certificate issued by
the board pursuant to this chapter, or a license or certificate
issued to a civil engineer pursuant to Chapter 7 (commencing with
Section 6700), shall be governed by these rules and regulations.
(c) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date. The repeal of this section shall render the board subject
to the review required by Division 1.2 (commencing with Section 473).
SEC. 46. Section 11506 of the Business and Professions Code is
amended to read:
11506. This part shall be subject to the review required by
Division 1.2 (commencing with Section 473). This part 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. 47. Section 18602 of the Business and Professions Code is
amended to read:
18602. (a) Except as provided in this section, there is in the
Department of Consumer Affairs the State Athletic Commission, which
consists of seven
members. Five members shall be appointed by the Governor, one member
shall be appointed by the Senate Rules Committee, and one member
shall be appointed by the Speaker of the Assembly.
The members of the commission appointed by the Governor are
subject to confirmation by the Senate pursuant to Section 1322 of the
Government Code.
No person who is currently licensed, or who was licensed within
the last two years, under this chapter may be appointed or
reappointed to, or serve on, the commission.
(b) In appointing commissioners under this section, the Governor,
the Senate Rules Committee, and the Speaker of the Assembly shall
make every effort to ensure that at least four of the members of the
commission shall have experience and demonstrate expertise in one of
the following areas:
(1) A licensed physician or surgeon having expertise or
specializing in neurology, neurosurgery, head trauma, or sports
medicine. Sports medicine includes, but is not limited to,
physiology, kinesiology, or other aspects of sports medicine.
(2) Financial management.
(3) Public safety.
(4) Past experience in the activity regulated by this chapter,
either as a contestant, a referee or official, a promoter, or a venue
operator.
(c) Each member of the commission shall be appointed for a term of
four years. All terms shall end on January 1. Vacancies occurring
prior to the expiration of the term shall be filled by appointment
for the unexpired term. No commission member may serve more than two
consecutive terms.
(d) Notwithstanding any other provision of this chapter, members
first appointed shall be subject to the following terms:
(1) The Governor shall appoint two members for two years, two
members for three years, and one member for four years.
(2) The Senate Committee on Rules shall appoint one member for
four years.
(3) The Speaker of the Assembly shall appoint one member for four
years.
(e) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
The repeal of this section renders the commission subject to the
review required by Division 1.2 (commencing with Section 473).
SEC. 48. Section 18613 of the Business and Professions Code is
amended to read:
18613. (a) (1) The commission shall 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
commission and vested in him or her by this chapter. The appointment
of the executive officer is subject to the approval of the Director
of Consumer Affairs.
(2) The commission may employ in accordance with Section 154 other
personnel as may be necessary for the administration of this
chapter.
(b) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 49. Section 22259 of the Business and Professions Code is
amended to read:
22259. This chapter shall be subject to the review required by
Division 1.2 (commencing with Section 473).
This chapter 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. 50. Section 94950 of the Education Code is amended to read:
94950. This chapter 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. 51. (a) Section 7.5 of this bill incorporates amendments to
Section 2570.19 of the Business and Professions Code proposed by both
this bill and SB 999. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2011,
(2) each bill amends Section 2570.19 of the Business and Professions
Code, and (3) SB 1489 is not enacted or as enacted does not amend
that section, and (4) this bill is enacted after SB 999, in which
case Sections 7, 7.7, and 7.9 of this bill shall not become
operative.
(b) Section 7.7 of this bill incorporates amendments to Section
2570.19 of the Business and Professions Code proposed by both this
bill and SB 1489. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
each bill amends Section 2570.19 of the Business and Professions
Code, (3) SB 999 is not enacted or as enacted does not amend that
section, and (4) this bill is enacted after SB 1489 in which case
Sections 7, 7.5, and 7.9 of this bill shall not become operative.
(c) Section 7.9 of this bill incorporates amendments to Section
2570.19 of the Business and Professions Code proposed by this bill,
SB 999, and SB 1489. It shall only become operative if (1) all three
bills are enacted and become effective on or before January 1, 2011,
(2) all three bills amend Section 2570.19 of the Business and
Professions Code, and (3) this bill is enacted after SB 999 and SB
1489, in which case Sections 7, 7.5, and 7.7 of this bill shall not
become operative.
