Bill Text: CA SB541 | 2011-2012 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Regulatory boards: expert consultants.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-09-26 - Chaptered by Secretary of State. Chapter 339, Statutes of 2011. [SB541 Detail]

Download: California-2011-SB541-Enrolled.html

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BILL NUMBER: SB 541	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 6, 2011
	PASSED THE ASSEMBLY  AUGUST 25, 2011
	AMENDED IN ASSEMBLY  JUNE 21, 2011
	AMENDED IN SENATE  APRIL 13, 2011

INTRODUCED BY   Senator Price

                        FEBRUARY 17, 2011

   An act to add Section 40 to the Business and Professions Code,
relating to professions and vocations, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 541, Price. Regulatory boards: expert consultants.
   Existing law provides for the licensure and regulation of various
professions and vocations by boards within the Department of Consumer
Affairs. Existing law, the Chiropractic Act, enacted by initiative,
provides for the licensure and regulation of chiropractors by the
State Board of Chiropractic Examiners. Existing law, the Osteopathic
Act, requires the Osteopathic Medical Board of California to regulate
osteopathic physicians and surgeons. Existing law generally requires
applicants for a license to pass an examination and authorizes
boards to take disciplinary action against licensees for violations
of law. Existing law establishes standards relating to personal
service contracts in state employment.
   This bill would authorize these boards to enter into an agreement
with an expert consultant, subject to the standards regarding
personal service contracts described above, to provide enforcement
and examination assistance. The bill would require each board to
establish policies and procedures for the selection and use of these
consultants.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 40 is added to the Business and Professions
Code, to read:
   40.  (a) Subject to the standards described in Section 19130 of
the Government Code, any board, as defined in Section 22, the State
Board of Chiropractic Examiners, or the Osteopathic Medical Board of
California may enter into an agreement with an expert consultant to
do any of the following:
   (1) Provide an expert opinion on enforcement-related matters,
including providing testimony at an administrative hearing.
   (2) Assist the board as a subject matter expert in examination
development, examination validation, or occupational analyses.
   (3) Evaluate the mental or physical health of a licensee or an
applicant for a license as may be necessary to protect the public
health and safety.
   (b) An executed contract between a board and an expert consultant
shall be exempt from the provisions of Part 2 (commencing with
Section 10100) of Division 2 of the Public Contract Code.
   (c) Each board shall establish policies and procedures for the
selection and use of expert consultants.
   (d) Nothing in this section shall be construed to expand the scope
of practice of an expert consultant providing services pursuant to
this section.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   To ensure that licensees engaging in certain professions and
vocations are adequately regulated at the earliest possible time in
order to protect and safeguard consumers and the public in this
state, it is necessary that this act take effect immediately.