Bill Text: CA SB821 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Consumer affairs: professions and vocations.
Spectrum: Slight Partisan Bill (Democrat 7-3)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 307, Statutes of 2009. [SB821 Detail]
Download: California-2009-SB821-Amended.html
Bill Title: Consumer affairs: professions and vocations.
Spectrum: Slight Partisan Bill (Democrat 7-3)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 307, Statutes of 2009. [SB821 Detail]
Download: California-2009-SB821-Amended.html
BILL NUMBER: SB 821 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 16, 2009
INTRODUCED BY Committee on Business, Professions and Economic
Development (Negrete McLeod (Chair), Aanestad, Corbett, Correa,
Florez, Oropeza, Romero, Walters, Wyland, and Yee)
MARCH 10, 2009
An act to amend Sections 805, 821.5, 821.6,
2530.2, 2532.2, 2532.7, 2570.2, 2570.3, 2570.4, 2570.5,
2570.6, 2570.7, 2570.9, 2570.10, 2570.13, 2570.16, 2570.18, 2570.20,
2570.26, 2570.28, 2571, 2872.2, 3357, 3362, 3366, 3456, 3740, 3750.5,
3773, 4101, 4112, 4113, 4160, 4196, 4510.1, 4933, 4980.45, 4980.48,
4982, 4982.2, 4989.22, 4989.54, 4992.1, 4992.3, 4996.23, 4996.28,
4996.5, and 4999.2 of, and to add Sections
2532.25, 2570.17, 2570.186, 4013, 4146, 4989.49, 4992.2, and
4996.24 to, and to repeal Sections 821.5 and 821.6 of, the
Business and Professions Code, and to amend
Section 123105 of the Health and Safety Code, and to amend
Section 3 of Chapter 294 of the Statutes of 2004, relating to
healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 821, as amended, Committee on Business, Professions and
Economic Development. Healing arts: licensees.
(1) Existing law provides for the professional review of specified
healing arts licentiates through a peer review process, and requires
the peer review body to report to the relevant agency upon certain
circumstances , including circumstances related to an obsolete
diversion program .
This bill would include within the definition of "licentiate" a
holder of a special faculty permit to practice medicine within a
medical school. Within the peer review provisions, the
The bill would also delete the
peer review provisions related to the obsolete diversion
program references and would instead require the peer review
body to report to the executive director of the Medical Board of
California or a designee .
(2) Existing law provides for the licensure and regulation of
speech-language pathologists and audiologists by the Speech-Language
Pathology and Audiology Board. Existing law provides that an
audiology aide is any person who meets the minimum requirements of
the board and who works directly under the supervision of an
audiologist.
This bill would prohibit an audiology aide from performing any
function that constitutes the practice of audiology unless he or she
is under the supervision of an audiologist, except if the board
exempts certain functions performed by an industrial audiology aide
and if the employer establishes a set of procedures or protocols.
Existing law requires an applicant for licensure as an audiologist
to meet specified educational and curriculum standards, including
possession of at least a master's degree in audiology.
This bill would revise the educational and curriculum standards
for licensure as an audiologist, as specified, and instead require
possession of a doctorate in audiology. The bill would apply those
requirements to applicants who graduate from an approved educational
institution on or after January 1, 2008. The bill would make
conforming changes to provisions related to the issuance of a
required professional experience (RPE) temporary license, as
specified.
(3) The Occupational Therapy Practice Act provides for the
licensure and regulation of occupational therapists and occupational
therapist assistants. Existing law prohibits an occupational therapy
assistant from supervising an aide engaged in client-related tasks.
Existing law also defines "hand therapy" under the act to mean the
art and science of rehabilitation of the hand, wrist, and forearm
requiring comprehensive knowledge of the upper extremity. Existing
law also provides for minimizing the risk of transmission of
blood-borne infectious diseases.
This bill would authorize occupational therapy assistants to
supervise aides engaged in client-related tasks, and make conforming
changes. The bill would also redefine "hand therapy" by deleting the
term "upper extremity" and replacing that term with "hand, wrist, and
forearm." The bill would delete obsolete certification terms and
replace them with licensure references. The bill would instead
provide for minimizing the risk of transmission of infectious
diseases.
Under the Occupational Therapy Practice Act, occupational
therapists and occupational therapy assistants are subject to
licensure and regulation by the California Board of Occupational
Therapy , and specified licensure fees, which are
deposited into the Occupational Therapy Fund.
This bill would require the board to issue retired licenses to
certain occupational therapists or occupational therapy assistants,
as specified, subject to a $25 fee.
Existing law requires occupational therapists to keep patient
records for a minimum of 7 years. Under existing law, the board is
authorized to investigate violations of the Occupational Therapy
Practice Act.
This bill would authorize the board to inspect the books or
records of, or require reports from, specified facilities providing
occupational therapy treatment or services and its occupational
therapy staff in response to a complaint that a licensee has violated
any law or regulation that constitutes grounds for disciplinary
action. A licensee who fails to comply with this requirement would be
subject to disciplinary action.
Existing law regulates telephone medical advice services, and
requires all staff who provide medical advice services to be
appropriately licensed, certified, or registered professionals, as
specified.
This bill would add occupational therapists to the enumerated
professionals authorized to provide telephone medical advice.
Existing law imposes specified recordkeeping and disclosure
requirements on health care providers, as defined.
This bill would impose those requirements on occupational
therapists.
(4) Existing law provides for the licensure and regulation of
vocational nurses and psychiatric technicians by the Board of
Vocational Nursing and Psychiatric Technicians of the State of
California. Existing law provides, upon application, for the issuance
of an interim permit authorizing an applicant to practice vocational
nursing or, in the case of a psychiatric technician, all skills in
his or her basic course of study, pending the results of a licensing
examination.
This bill would require the application for an interim permit to
be submitted no later than 4 months after completion of a
board-accredited program, and would limit the use of the permit to 9
months, as specified.
(5) Existing law provides for the licensure and regulation of
hearing aid dispensers by the Hearing Aid Dispensers Bureau, and a
person who violates that law is guilty of a misdemeanor. Existing law
provides for the issuance of a temporary license to an applicant who
has made application for licensure and who proves that he or she
will be supervised and trained by a hearing aid dispenser, pending
approval by the board. A temporary license is effective and valid for
6 months, and may be renewed twice for an additional period of 6
months.
This bill would allow for the issuance of a new temporary license
if more than 3 years have lapsed from the expiration or cancellation
date of a previous temporary license.
Existing law requires a person engaging in the practice of fitting
or selling hearing aids to notify the bureau in writing of his or
her business address or addresses or changes in that address or
addresses. Existing law requires a licensee to keep and maintain his
or her business records for a 7-year period.
This bill would require the written notification to be given to
the bureau within a 30-day period. The bill would also require a
licensee to allow his or her business records, as specified, to be
inspected by the bureau upon reasonable notice. Because a violation
of those provisions would be a crime, the bill would impose a
state-mandated local program.
Existing law allows the bureau to impose upon licensees specified
licensure fees and penalties, including a fee for a continuing
education course transcript and for a license confirmation letter.
This bill would delete those transcript and letter fee provisions.
(6) The Respiratory Care Practice Act provides for the licensure
and regulation of respiratory care practitioners by the Respiratory
Care Board of California. The act authorizes the board to deny,
suspend, or revoke the license of any applicant or licensee who has
committed a specified violation, including obtaining or possessing in
violation of law or, except as directed by a licensed physician and
surgeon, dentist, or podiatrist, furnishing or administering to
himself or herself or another a controlled substance, as defined.
This bill would clarify that the licensee is prohibited from
obtaining, possessing, using, or administering to himself or herself
in violation of law, or furnishing or administering to another, any
controlled substance, as defined, except as directed by a licensed
physician and surgeon, dentist, podiatrist, or other authorized
health care provider. The bill would also subject to disciplinary
action a licensee who uses alcoholic beverages to an extent that is
injurious to self or others or if it impairs his or her ability to
conduct with safety the practice of respiratory care. For a
violation thereof, the bill would specify that the board
is authorized to place the license of an applicant or licensee on
probation. The bill would also require a renewing applicant for
licensure to provide additional information requested by the board
and, if the applicant fails to provide that information within 30
days of the request, his or her license would be made inactive until
the information is received.
(7) The Pharmacy Law provides for the licensure and regulation of
pharmacists and pharmacy establishments by the California State Board
of Pharmacy, and makes a knowing violation of the law a misdemeanor.
On and after July 1, 2010, this bill would require any facility
licensed by the board to join the board's e-mail notification list
and make specified e-mail address updates. The bill would also
require nonresdient nonresident
pharmacies to obtain licensure from the board, and would make certain
changes with regard to pharmacists-in-charge of a pharmacy,
representatives-in-charge of the wholesale of any dangerous drug or
device, and representatives-in-charge of veterinary food-animal drug
retailers, and respective notification requirements. The bill would
also allow a pharmacy to accept the return of needles and syringes
from the public if contained in a sharps container, as defined.
Because a knowing violation of those provisions would be a crime, the
bill would impose a state-mandated local program.
(8) Existing law provides for the licensure and regulation of
acupuncturists by the Acupuncture Board. Existing law provides that 5
members of the board shall constitute a quorum.
This bill would provide that 4 members, including at least one
acupuncturist, shall constitute a quorum.
(9) Existing law provides for the licensure and regulation of
marriage and family therapists by the Board of Behavioral Sciences,
and makes a violation of the law a misdemeanor.
This bill would delete references to the employment of unlicensed
interns and instead refer to marriage and family therapy interns or
associate clinical social workers, and would apply specified
disciplinary and probationary provisions to registered marriage and
family therapy interns and associate clinical social workers. The
bill would require any person that advertises services performed by a
trainee, as defined, to include the trainee's name and supervisor
information. Because a violation of this requirement would be a
crime, the bill would impose a state-mandated local program. The bill
would additionally modify the disciplinary provisions that apply to
marriage and family therapists, as specified, and the licensure
provisions that apply to an applicant pending investigation of a
complaint.
(10) Existing law provides for the regulation of educational
psychologists by the Board of Behavioral Sciences, and makes a
violation of the law a misdemeanor. Existing law sets forth certain
prohibited acts that subject a licensee to disciplinary action.
This bill would add to those prohibited acts provisions related to
drug use, telemedicine consent, subversion of an examination, and
fraudulent advertising. The bill would define the term "advertising"
for purposes of those provisions.
(11) Existing law provides for the regulation of clinical social
workers by the Board of Behavioral Sciences. Existing law sets forth
certain prohibited acts that subject a licensee to disciplinary
action.
This bill would add to those prohibited acts provisions related to
the subversion of an examination and advertising. The bill would
define the term "advertising" for purposes of those provisions. The
bill would additionally modify the licensure provisions that apply to
an applicant pending investigation of a complaint. The bill would
modify provisions related to the supervision and employment of
clinical social workers or associate clinical social workers.
(12) Existing law appropriates specified sums from the State
Dental Auxiliary Fund to the Committee on Dental Auxiliaries for
operating expenses necessary to manage the dental hygiene licensing
examination. Existing law requires the Dental Hygiene Committee of
California to administer the dental hygiene licensing examination.
Existing law also provides that on and after July 1, 2009, specified
moneys are to be transferred from the State Dental Auxiliary Fund to
the State Dental Hygiene Fund for purposes of carrying out the
certain provisions of the Dental Practice Act, including the payment
of any encumbrances, related to dental hygienists, dental hygienists
in alternative practice, and dental hygienists in extended functions.
This bill would specify that the moneys for operating the dental
hygiene licensing examination are to be transferred to the Dental
Hygiene Committee of California from the State Dental Hygiene Fund.
(12)
(13) 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: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 805 of the Business and Professions Code is
amended to read:
805. (a) As used in this section, the following terms have the
following definitions:
(1) "Peer review body" includes:
(A) A medical or professional staff of any health care facility or
clinic licensed under Division 2 (commencing with Section 1200) of
the Health and Safety Code or of a facility certified to participate
in the federal Medicare Program as an ambulatory surgical center.
(B) A health care service plan registered under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code or a disability insurer that contracts with licentiates to
provide services at alternative rates of payment pursuant to Section
10133 of the Insurance Code.
(C) Any medical, psychological, marriage and family therapy,
social work, dental, or podiatric professional society having as
members at least 25 percent of the eligible licentiates in the area
in which it functions (which must include at least one county), which
is not organized for profit and which has been determined to be
exempt from taxes pursuant to Section 23701 of the Revenue and
Taxation Code.
(D) A committee organized by any entity consisting of or employing
more than 25 licentiates of the same class that functions for the
purpose of reviewing the quality of professional care provided by
members or employees of that entity.
(2) "Licentiate" means a physician and surgeon, doctor of
podiatric medicine, clinical psychologist, marriage and family
therapist, clinical social worker, or dentist. "Licentiate" also
includes a person authorized to practice medicine pursuant to Section
2113 or 2168.
(3) "Agency" means the relevant state licensing agency having
regulatory jurisdiction over the licentiates listed in paragraph (2).
(4) "Staff privileges" means any arrangement under which a
licentiate is allowed to practice in or provide care for patients in
a health facility. Those arrangements shall include, but are not
limited to, full staff privileges, active staff privileges, limited
staff privileges, auxiliary staff privileges, provisional staff
privileges, temporary staff privileges, courtesy staff privileges,
locum tenens arrangements, and contractual arrangements to provide
professional services, including, but not limited to, arrangements to
provide outpatient services.
(5) "Denial or termination of staff privileges, membership, or
employment" includes failure or refusal to renew a contract or to
renew, extend, or reestablish any staff privileges, if the action is
based on medical disciplinary cause or reason.
(6) "Medical disciplinary cause or reason" means that aspect of a
licentiate's competence or professional conduct that is reasonably
likely to be detrimental to patient safety or to the delivery of
patient care.
(7) "805 report" means the written report required under
subdivision (b).
(b) The chief of staff of a medical or professional staff or other
chief executive officer, medical director, or administrator of any
peer review body and the chief executive officer or administrator of
any licensed health care facility or clinic shall file an 805 report
with the relevant agency within 15 days after the effective date of
any of the following that occur as a result of an action of a peer
review body:
(1) A licentiate's application for staff privileges or membership
is denied or rejected for a medical disciplinary cause or reason.
(2) A licentiate's membership, staff privileges, or employment is
terminated or revoked for a medical disciplinary cause or reason.
(3) Restrictions are imposed, or voluntarily accepted, on staff
privileges, membership, or employment for a cumulative total of 30
days or more for any 12-month period, for a medical disciplinary
cause or reason.
(c) The chief of staff of a medical or professional staff or other
chief executive officer, medical director, or administrator of any
peer review body and the chief executive officer or administrator of
any licensed health care facility or clinic shall file an 805 report
with the relevant agency within 15 days after any of the following
occur after notice of either an impending investigation or the denial
or rejection of the application for a medical disciplinary cause or
reason:
(1) Resignation or leave of absence from membership, staff, or
employment.
(2) The withdrawal or abandonment of a licentiate's application
for staff privileges or membership.
(3) The request for renewal of those privileges or membership is
withdrawn or abandoned.
(d) For purposes of filing an 805 report, the signature of at
least one of the individuals indicated in subdivision (b) or (c) on
the completed form shall constitute compliance with the requirement
to file the report.
(e) An 805 report shall also be filed within 15 days following the
imposition of summary suspension of staff privileges, membership, or
employment, if the summary suspension remains in effect for a period
in excess of 14 days.
(f) A copy of the 805 report, and a notice advising the licentiate
of his or her right to submit additional statements or other
information pursuant to Section 800, shall be sent by the peer review
body to the licentiate named in the report.
The information to be reported in an 805 report shall include the
name and license number of the licentiate involved, a description of
the facts and circumstances of the medical disciplinary cause or
reason, and any other relevant information deemed appropriate by the
reporter.
A supplemental report shall also be made within 30 days following
the date the licentiate is deemed to have satisfied any terms,
conditions, or sanctions imposed as disciplinary action by the
reporting peer review body. In performing its dissemination functions
required by Section 805.5, the agency shall include a copy of a
supplemental report, if any, whenever it furnishes a copy of the
original 805 report.
If another peer review body is required to file an 805 report, a
health care service plan is not required to file a separate report
with respect to action attributable to the same medical disciplinary
cause or reason. If the Medical Board of California or a licensing
agency of another state revokes or suspends, without a stay, the
license of a physician and surgeon, a peer review body is not
required to file an 805 report when it takes an action as a result of
the revocation or suspension.
(g) The reporting required by this section shall not act as a
waiver of confidentiality of medical records and committee reports.
The information reported or disclosed shall be kept confidential
except as provided in subdivision (c) of Section 800 and Sections
803.1 and 2027, provided that a copy of the report containing the
information required by this section may be disclosed as required by
Section 805.5 with respect to reports received on or after January 1,
1976.
(h) The Medical Board of California, the Osteopathic Medical Board
of California, and the Dental Board of California shall disclose
reports as required by Section 805.5.
(i) An 805 report shall be maintained by an agency for
dissemination purposes for a period of three years after receipt.
(j) No person shall incur any civil or criminal liability as the
result of making any report required by this section.
(k) A willful failure to file an 805 report by any person who is
designated or otherwise required by law to file an 805 report is
punishable by a fine not to exceed one hundred thousand dollars
($100,000) per violation. The fine may be imposed in any civil or
administrative action or proceeding brought by or on behalf of any
agency having regulatory jurisdiction over the person regarding whom
the report was or should have been filed. If the person who is
designated or otherwise required to file an 805 report is a licensed
physician and surgeon, the action or proceeding shall be brought by
the Medical Board of California. The fine shall be paid to that
agency but not expended until appropriated by the Legislature. A
violation of this subdivision may constitute unprofessional conduct
by the licentiate. A person who is alleged to have violated this
subdivision may assert any defense available at law. As used in this
subdivision, "willful" means a voluntary and intentional violation of
a known legal duty.
() Except as otherwise provided in subdivision (k), any failure by
the administrator of any peer review body, the chief executive
officer or administrator of any health care facility, or any person
who is designated or otherwise required by law to file an 805 report,
shall be punishable by a fine that under no circumstances shall
exceed fifty thousand dollars ($50,000) per violation. The fine may
be imposed in any civil or administrative action or proceeding
brought by or on behalf of any agency having regulatory jurisdiction
over the person regarding whom the report was or should have been
filed. If the person who is designated or otherwise required to file
an 805 report is a licensed physician and surgeon, the action or
proceeding shall be brought by the Medical Board of California. The
fine shall be paid to that agency but not expended until appropriated
by the Legislature. The amount of the fine imposed, not exceeding
fifty thousand dollars ($50,000) per violation, shall be proportional
to the severity of the failure to report and shall differ based upon
written findings, including whether the failure to file caused harm
to a patient or created a risk to patient safety; whether the
administrator of any peer review body, the chief executive officer or
administrator of any health care facility, or any person who is
designated or otherwise required by law to file an 805 report
exercised due diligence despite the failure to file or whether they
knew or should have known that an 805 report would not be filed; and
whether there has been a prior failure to file an 805 report. The
amount of the fine imposed may also differ based on whether a health
care facility is a small or rural hospital as defined in Section
124840 of the Health and Safety Code.
(m) A health care service plan registered under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code or a disability insurer that negotiates and enters into a
contract with licentiates to provide services at alternative rates of
payment pursuant to Section 10133 of the Insurance Code, when
determining participation with the plan or insurer, shall evaluate,
on a case-by-case basis, licentiates who are the subject of an 805
report, and not automatically exclude or deselect these licentiates.
SEC. 2. Section 821.5 of the Business and
Professions Code is amended to read:
821.5. (a) A peer review body, as defined in Section 805, that
reviews physicians and surgeons, shall, within 15 days of initiating
a formal investigation of a physician and surgeon's ability to
practice medicine safely based upon information indicating that the
physician and surgeon may be suffering from a disabling mental or
physical condition that poses a threat to patient care, report to the
Medical Board of California the name of the physician and surgeon
under investigation and the general nature of the investigation. A
peer review body that has made a report under this section to the
board's executive director or designee, who is not in the enforcement
program, shall also notify the executive director or designee when
it has completed or closed an investigation.
(b) The executive director or designee, upon receipt of a report
pursuant to subdivision (a), shall contact the peer review body that
made the report within 60 days in order to determine the status of
the peer review body's investigation. The executive director or
designee shall contact the peer review body periodically thereafter
to monitor the progress of the investigation. At any time, if the
executive director or designee determines that the progress of the
investigation is not adequate to protect the public, the executive
director or designee shall notify the chief of enforcement of the
Medical Board of California, who shall promptly conduct an
investigation of the matter. Concurrently with notifying the chief of
enforcement, the executive director or designee shall notify the
reporting peer review body and the chief executive officer or an
equivalent officer of the hospital of its decision to refer the case
for investigation by the chief of enforcement.
(c) For purposes of this section "formal investigation" means an
investigation ordered by the peer review body's medical executive
committee or its equivalent, based upon information indicating that
the physician and surgeon may be suffering from a disabling mental or
physical condition that poses a threat to patient care. "Formal
investigation" does not include the usual activities of the
well-being or assistance committee or the usual quality assessment
and improvement activities undertaken by the medical staff of a
health facility in compliance with the licensing and certification
requirements for health facilities set forth in Title 22 of the
California Code of Regulations, or preliminary deliberations or
inquiries of the executive committee to determine whether to order a
formal investigation.
For purposes of this section, "usual activities" of the well-being
or assistance committee are activities to assist medical staff
members who may be impaired by chemical dependency or mental illness
to obtain necessary evaluation and rehabilitation services that do
not result in referral to the medical executive committee.
(d) Information received by the board pursuant to this section
shall be deemed confidential. The records shall not be further
disclosed by the board, except as provided in subdivision (b).
(e) Upon receipt of notice from a peer review body that an
investigation has been closed and that the peer review body has
determined that there is no need for further action to protect the
public, the board shall purge and destroy all records in its
possession pertaining to the investigation unless the executive
director or designee has referred the matter to the chief of
enforcement pursuant to subdivision (b).
(f) A peer review body that has made a report under subdivision
(a) shall not be deemed to have waived the protections of Section
1157 of the Evidence Code. It is not the intent of the Legislature in
enacting this subdivision to affect pending litigation concerning
Section 1157 or to create any new confidentiality protection except
as specified in subdivision (d).
(g) The report required by this section shall be submitted on a
short form developed by the board. The board shall develop the short
form, the contents of which shall reflect the requirements of this
section, within 30 days of the effective date of this section. The
board shall not require the filing of any report until the short form
is made available by the board.
(h) This section shall become operative on January 1, 2010, unless
the regulations required to be adopted pursuant to Section 821.6 are
adopted prior to that date, in which case this section shall become
operative on the effective date of the regulations.
SEC. 3. Section 821.6 of the Business and
Professions Code is amended to read:
821.6. The board shall adopt regulations to implement the
monitoring responsibility of the executive director or designee
described in subdivision (b) of Section 821.5, and the short form
required to be developed pursuant to subdivision (g), on or before
January 1, 2010.
SEC. 2. Section 821.5 of the Business
and Professions Code is repealed.
821.5. (a) A peer review body, as defined in Section 805, that
reviews physicians and surgeons, shall, within 15 days of initiating
a formal investigation of a physician and surgeon's ability to
practice medicine safely based upon information indicating that the
physician and surgeon may be suffering from a disabling mental or
physical condition that poses a threat to patient care, report to the
diversion program of the Medical Board the name of the physician and
surgeon under investigation and the general nature of the
investigation. A peer review body that has made a report to the
diversion program under this section shall also notify the diversion
program when it has completed or closed an investigation.
(b) The diversion program administrator, upon receipt of a report
pursuant to subdivision (a), shall contact the peer review body that
made the report within 60 days in order to determine the status of
the peer review body's investigation. The diversion program
administrator shall contact the peer review body periodically
thereafter to monitor the progress of the investigation. At any time,
if the diversion program administrator determines that the progress
of the investigation is not adequate to protect the public, the
diversion program administrator shall notify the chief of enforcement
of the Division of Medical Quality of the Medical Board of
California, who shall promptly conduct an investigation of the
matter. Concurrently with notifying the chief of enforcement, the
diversion program administrator shall notify the reporting peer
review body and the chief executive officer or an equivalent officer
of the hospital of its decision to refer the case for investigation
by the chief of enforcement.
(c) For purposes of this section "formal investigation" means an
investigation ordered by the peer review body's medical executive
committee or its equivalent, based upon information indicating that
the physician and surgeon may be suffering from a disabling mental or
physical condition that poses a threat to patient care. "Formal
investigation" does not include the usual activities of the
well-being or assistance committee or the usual quality assessment
and improvement activities undertaken by the medical staff of a
health facility in compliance with the licensing and certification
requirements for health facilities set forth in Title 22 of the
California Code of Regulations, or preliminary deliberations or
inquiries of the executive committee to determine whether to order a
formal investigation.
For purposes of this section, "usual activities" of the well-being
or assistance committee are activities to assist medical staff
members who may be impaired by chemical dependency or mental illness
to obtain necessary evaluation and rehabilitation services that do
not result in referral to the medical executive committee.
(d) Information received by the diversion program pursuant to this
section shall be governed by, and shall be deemed confidential to
the same extent as program records under, Section 2355. The records
shall not be further disclosed by the diversion program, except as
provided in subdivision (b).
(e) Upon receipt of notice from a peer review body that an
investigation has been closed and that the peer review body has
determined that there is no need for further action to protect the
public, the diversion program shall purge and destroy all records in
its possession pertaining to the investigation unless the diversion
program administrator has referred the matter to the chief of
enforcement pursuant to subdivision (b).
(f) A peer review body that has made a report under subdivision
(a) shall not be deemed to have waived the protections of Section
1157 of the Evidence Code. It is not the intent of the Legislature in
enacting this subdivision to affect pending litigation concerning
Section 1157 or to create any new confidentiality protection except
as specified in subdivision (d). "Pending litigation" shall include
Arnett v. Dal Cielo (No. S048308), pending before the California
Supreme Court.
(g) The report required by this section shall be submitted on a
short form developed by the board. The board shall develop the short
form, the contents of which shall reflect the requirements of this
section, within 30 days of the effective date of this section. The
board shall not require the filing of any report until the short form
is made available by the board.
(h) This section shall become operative on January 1, 1997, unless
the regulations required to be adopted pursuant to Section 821.6 are
adopted prior to that date, in which case this section shall become
operative on the effective date of the regulations.
SEC. 3. Section 821.6 of the Business
and Professions Code is repealed.
821.6. The board shall adopt regulations to implement the
monitoring responsibility of the diversion program administrator
described in subdivision (b) of Section 821.5, and the short form
required to be developed pursuant to subdivision (g), on or before
January 1, 1997.
SEC. 4. Section 2530.2 of the Business and Professions Code is
amended to read:
2530.2. As used in this chapter, unless the context otherwise
requires:
(a) "Board" means the Speech-Language Pathology and Audiology
Board or any successor.
(b) "Person" means any individual, partnership, corporation,
limited liability company, or other organization or combination
thereof, except that only individuals can be licensed under this
chapter.
(c) A "speech-language pathologist" is a person who practices
speech-language pathology.
(d) The practice of speech-language pathology means all of the
following:
(1) The application of principles, methods, instrumental
procedures, and noninstrumental procedures for measurement, testing,
screening, evaluation, identification, prediction, and counseling
related to the development and disorders of speech, voice, language,
or swallowing.
(2) The application of principles and methods for preventing,
planning, directing, conducting, and supervising programs for
habilitating, rehabilitating, ameliorating, managing, or modifying
disorders of speech, voice, language, or swallowing in individuals or
groups of individuals.
(3) Conducting hearing screenings.
(4) Performing suctioning in connection with the scope of practice
described in paragraphs (1) and (2), after compliance with a medical
facility's training protocols on suctioning procedures.
(e) (1) Instrumental procedures referred to in subdivision (d) are
the use of rigid and flexible endoscopes to observe the pharyngeal
and laryngeal areas of the throat in order to observe, collect data,
and measure the parameters of communication and swallowing as well as
to guide communication and swallowing assessment and therapy.
(2) Nothing in this subdivision shall be construed as a diagnosis.
Any observation of an abnormality shall be referred to a physician
and surgeon.
(f) A licensed speech-language pathologist shall not perform a
flexible fiberoptic nasendoscopic procedure unless he or she has
received written verification from an otolaryngologist certified by
the American Board of Otolaryngology that the speech-language
pathologist has performed a minimum of 25 flexible fiberoptic
nasendoscopic procedures and is competent to perform these
procedures. The speech-language pathologist shall have this written
verification on file and readily available for inspection upon
request by the board. A speech-language pathologist shall pass a
flexible fiberoptic nasendoscopic instrument only under the direct
authorization of an otolaryngologist certified by the American Board
of Otolaryngology and the supervision of a physician and surgeon.
(g) A licensed speech-language pathologist shall only perform
flexible endoscopic procedures described in subdivision (e) in a
setting that requires the facility to have protocols for emergency
medical backup procedures, including a physician and surgeon or other
appropriate medical professionals being readily available.
(h) "Speech-language pathology aide" means any person meeting the
minimum requirements established by the board, who works directly
under the supervision of a speech-language pathologist.
(i) (1) "Speech-language pathology assistant" means a person who
meets the academic and supervised training requirements set forth by
the board and who is approved by the board to assist in the provision
of speech-language pathology under the direction and supervision of
a speech-language pathologist who shall be responsible for the
extent, kind, and quality of the services provided by the
speech-language pathology assistant.
(2) The supervising speech-language pathologist employed or
contracted for by a public school may hold a valid and current
license issued by the board, a valid, current, and professional clear
clinical or rehabilitative services credential in language, speech,
and hearing issued by the Commission on Teacher Credentialing, or
other credential authorizing service in language, speech, and hearing
issued by the Commission on Teacher Credentialing that is not issued
on the basis of an emergency permit or waiver of requirements. For
purposes of this paragraph, a "clear" credential is a credential that
is not issued pursuant to a waiver or emergency permit and is as
otherwise defined by the Commission on Teacher Credentialing. Nothing
in this section referring to credentialed supervising
speech-language pathologists expands
existing exemptions from licensing pursuant to
Section 2530.5.
(j) An "audiologist" is one who practices audiology.
(k) "The practice of audiology" means the application of
principles, methods, and procedures of measurement, testing,
appraisal, prediction, consultation, counseling, instruction related
to auditory, vestibular, and related functions and the modification
of communicative disorders involving speech, language, auditory
behavior or other aberrant behavior resulting from auditory
dysfunction; and the planning, directing, conducting, supervising, or
participating in programs of identification of auditory disorders,
hearing conservation, cerumen removal, aural habilitation, and
rehabilitation, including, hearing aid recommendation and evaluation
procedures including, but not limited to, specifying amplification
requirements and evaluation of the results thereof, auditory
training, and speech reading.
() "Audiology aide" means any person, meeting the minimum
requirements established by the board. An audiology aide may not
perform any function that constitutes the practice of audiology
unless he or she is under the supervision of an audiologist. The
board may by regulation exempt certain functions performed by an
industrial audiology aide from supervision provided that his or her
employer has established a set of procedures or protocols that the
aide shall follow in performing those functions.
(m) "Medical board" means the Medical Board of California.
(n) A "hearing screening" performed by a speech-language
pathologist means a binary puretone screening at a preset intensity
level for the purpose of determining if the screened individuals are
in need of further medical or audiological evaluation.
(o) "Cerumen removal" means the nonroutine removal of cerumen
within the cartilaginous ear canal necessary for access in
performance of audiological procedures that shall occur under
physician and surgeon supervision. Cerumen removal, as provided by
this section, shall only be performed by a licensed audiologist.
Physician and surgeon supervision shall not be construed to require
the physical presence of the physician, but shall include all of the
following:
(1) Collaboration on the development of written standardized
protocols. The protocols shall include a requirement that the
supervised audiologist immediately refer to an appropriate physician
any trauma, including skin tears, bleeding, or other pathology of the
ear discovered in the process of cerumen removal as defined in this
subdivision.
(2) Approval by the supervising physician of the written
standardized protocol.
(3) The supervising physician shall be within the general
vicinity, as provided by the physician-audiologist protocol, of the
supervised audiologist and available by telephone contact at the time
of cerumen removal.
(4) A licensed physician and surgeon may not simultaneously
supervise more than two audiologists for purposes of cerumen removal.
SEC. 5. Section 2532.2 of the Business
and Professions Code is amended to read:
2532.2. To Except as required by Section
2532.25, to be eligible for licensure by the board as a
speech-language pathologist or audiologist, the applicant shall
possess all of the following qualifications:
(a) Possess at least a master's degree in speech-language
pathology or audiology from an educational institution approved by
the board or qualifications deemed equivalent by the board.
(b) Submit transcripts from an educational institution approved by
the board evidencing the successful completion of at least 60
semester units of courses related to the normal development,
function, and use of speech, hearing, and language; and courses that
provide information about, and training in, the management of speech,
hearing, and language disorders. At least 24 of the required 60
semester units shall be related to disorders of speech, voice, or
language for speech-language pathology applicants or to disorders of
hearing and the modification of communication disorders involving
speech and language resulting from hearing disorders for audiology
applicants. These 60 units do not include credit for thesis,
dissertation, or clinical practice.
(c) Submit evidence of the satisfactory completion of supervised
clinical practice with individuals representative of a wide spectrum
of ages and communication disorders. The board shall establish by
regulation the required number of clock hours, not to exceed 300
clock hours, of supervised clinical practice necessary for the
applicant.
The clinical practice shall be under the direction of an
educational institution approved by the board.
(d) Submit evidence of no less than 36 weeks of satisfactorily
completed supervised professional full-time experience or 72 weeks of
professional part-time experience obtained under the supervision of
a licensed speech-language pathologist or audiologist or a
speech-language pathologist or audiologist having qualifications
deemed equivalent by the board. This experience shall be evaluated
and approved by the board. The required professional experience shall
follow completion of the requirements listed in subdivisions (a),
(b), and (c). Full time is defined as at least 36 weeks in a calendar
year and a minimum of 30 hours per week. Part time is defined as a
minimum of 72 weeks and a minimum of 15 hours per week.
(e) Pass an examination or examinations approved by the board. The
board shall determine the subject matter and scope of the
examinations and may waive the examination upon evidence that the
applicant has successfully completed an examination approved by the
board. Written examinations may be supplemented by oral examinations
as the board shall determine. An applicant who fails his or her
examination may be reexamined at a subsequent examination upon
payment of the reexamination fee required by this chapter.
A speech-language pathologist or audiologist who holds a license
from another state or territory of the United States or who holds
equivalent qualifications as determined by the board and who has
completed no less than one year of full-time continuous employment as
a speech-language pathologist or audiologist within the past three
years is exempt from the supervised professional experience in
subdivision (d).
(f) As applied to licensure as an audiologist, this section shall
apply to applicants who graduated from an approved educational
institution on or before December 31, 2007.
SEC. 6. Section 2532.25 is added to the
Business and Professions Code , to read:
2532.25. (a) An applicant seeking licensure as an audiologist
shall possess a doctorate in audiology earned from an educational
institution approved by the board. The board may, in its discretion,
accept qualifications it deems to be equivalent to a doctoral degree
in audiology. The board shall not, however, accept as equivalent
qualifications graduation from a master's program that the applicant
was enrolled in on or after January 1, 2008.
(b) In addition to meeting the qualifications specified in
subdivision (a), an applicant seeking licensure as an audiologist
shall do all of the following:
(1) Submit evidence of the satisfactory completion of supervised
clinical practice with individuals representative of a wide spectrum
of ages and audiological disorders. The board shall establish by
regulation the required number of clock hours of supervised clinical
practice necessary for the applicant. The clinical practice shall be
under the direction of an educational institution approved by the
board.
(2) Submit evidence of no less than 12 months of satisfactorily
completed supervised professional full-time experience or its
part-time equivalent obtained under the supervision of a licensed
audiologist or an audiologist having qualifications deemed equivalent
by the board. This experience shall be completed under the direction
of a board-approved audiology doctoral program. The required
professional experience shall follow completion of the didactic and
clinical rotation requirements of the audiology doctoral program.
(3) Pass an examination or examinations approved by the board. The
board shall determine the subject matter and scope of the
examination or examinations and may waive an examination upon
evidence that the applicant has successfully completed an examination
approved by the board. Written examinations may be supplemented by
oral examinations as the board shall determine. An applicant who
fails an examination may be reexamined at a subsequent examination
upon payment of the reexamination fee required by this chapter.
(c) This section shall apply to applicants who graduate from an
approved educational institution on and after January 1, 2008.
SEC. 7. Section 2532.7 of the Business
and Professions Code is amended to read:
2532.7. (a) Upon approval of an application filed pursuant to
Section 2532.1, and upon payment of the fee prescribed by Section
2534.2, the board may issue a required professional experience (RPE)
temporary license for a period to be determined by the board to an
applicant who is obtaining the required professional experience
specified in subdivision (d) of Section 2532.2 or paragraph (2)
of subdivision (b) of Section 2532.25 .
(b) Effective July 1, 2003, no person shall obtain the required
professional experience for licensure in either an exempt or
nonexempt setting, as defined in Section 2530.5, unless he or she is
licensed in accordance with this section or is completing the
final clinical externship of a board-approved audiology doctoral
training program in accordance with paragraph (2) of subdivision (b)
of Section 2532.25 in another state .
(c) A person who obtains an RPE temporary license outside the
State of California shall not be required to hold a temporary license
issued pursuant to subdivision (a) if the person is completing the
final clinical externship of an audiology doctoral training program
in accordance with paragraph (2) of subdivision (b) of Section
2532.25.
(c)
(d) Any experience obtained in violation of this act
shall not be approved by the board.
(d)
(e) An RPE temporary license shall terminate upon
notice thereof by certified mail, return receipt requested, if it is
issued by mistake or if the application for permanent licensure is
denied.
(e)
(f) Upon written application, the board may reissue an
RPE temporary license for a period to be determined by the board to
an applicant who is obtaining the required professional experience
specified in subdivision (d) of Section 2532.2 or paragraph (2)
of subdivision (b) of Section 2532.25 .
SEC. 5. SEC. 8. Section 2570.2 of
the Business and Professions Code is amended to read:
2570.2. As used in this chapter, unless the context requires
otherwise:
(a) "Appropriate supervision of an aide" means that the
responsible occupational therapist or occupational therapy assistant
shall provide direct in-sight supervision when the aide is providing
delegated client-related tasks and shall be readily available at all
times to provide advice or instruction to the aide. The occupational
therapist or occupational therapy assistant is responsible for
documenting the client's record concerning the delegated
client-related tasks performed by the aide.
(b) "Aide" means an individual who provides supportive services to
an occupational therapist and who is trained by an occupational
therapist to perform, under appropriate supervision, delegated,
selected client and nonclient-related tasks for which the aide has
demonstrated competency. An occupational therapist licensed pursuant
to this chapter may utilize the services of one aide engaged in
patient-related tasks to assist the occupational therapist in his or
her practice of occupational therapy.
(c) "Association" means the Occupational Therapy Association of
California or a similarly constituted organization representing
occupational therapists in this state.
(d) "Board" means the California Board of Occupational Therapy.
(e) "Examination" means an entry level certification examination
for occupational therapists and occupational therapy assistants
administered by the National Board for Certification in Occupational
Therapy or by another nationally recognized credentialing body.
(f) "Good standing" means that the person has a current, valid
license to practice occupational therapy or assist in the practice of
occupational therapy and has not been disciplined by the recognized
professional certifying or standard-setting body within five years
prior to application or renewal of the person's license.
(g) "Occupational therapist" means an individual who meets the
minimum education requirements specified in Section 2570.6 and is
licensed pursuant to the provisions of this chapter and whose license
is in good standing as determined by the board to practice
occupational therapy under this chapter. Only the occupational
therapist is responsible for the occupational therapy assessment of a
client, and the development of an occupational therapy plan of
treatment.
(h) "Occupational therapy assistant" means an individual who is
licensed pursuant to the provisions of this chapter, who is in good
standing as determined by the board, and based thereon, who is
qualified to assist in the practice of occupational therapy under
this chapter, and who works under the appropriate supervision of a
licensed occupational therapist.
(i) "Occupational therapy services" means the services of an
occupational therapist or the services of an occupational therapy
assistant under the appropriate supervision of an occupational
therapist.
(j) "Person" means an individual, partnership, unincorporated
organization, or corporation.
(k) "Practice of occupational therapy" means the therapeutic use
of purposeful and meaningful goal-directed activities (occupations)
which engage the individual's body and mind in meaningful, organized,
and self-directed actions that maximize independence, prevent or
minimize disability, and maintain health. Occupational therapy
services encompass occupational therapy assessment, treatment,
education of, and consultation with, individuals who have been
referred for occupational therapy services subsequent to diagnosis of
disease or disorder (or who are receiving occupational therapy
services as part of an Individualized Education Plan (IEP) pursuant
to the federal Individuals with Disabilities Education Act (IDEA)).
Occupational therapy assessment identifies performance abilities and
limitations that are necessary for self-maintenance, learning, work,
and other similar meaningful activities. Occupational therapy
treatment is focused on developing, improving, or restoring
functional daily living skills, compensating for and preventing
dysfunction, or minimizing disability. Occupational therapy
techniques that are used for treatment involve teaching activities of
daily living (excluding speech-language skills); designing or
fabricating selective temporary orthotic devices, and applying or
training in the use of assistive technology or orthotic and
prosthetic devices (excluding gait training). Occupational therapy
consultation provides expert advice to enhance function and quality
of life. Consultation or treatment may involve modification of tasks
or environments to allow an individual to achieve maximum
independence. Services are provided individually, in groups, or
through social groups.
() "Hand therapy" is the art and science of rehabilitation of the
hand, wrist, and forearm requiring comprehensive knowledge of the
hand, wrist, and forearm and specialized skills in assessment and
treatment to prevent dysfunction, restore function, or reverse the
advancement of pathology. This definition is not intended to prevent
an occupational therapist practicing hand therapy from providing
other occupational therapy services authorized under this act in
conjunction with hand therapy.
(m) "Physical agent modalities" means techniques that produce a
response in soft tissue through the use of light, water, temperature,
sound, or electricity. These techniques are used as adjunctive
methods in conjunction with, or in immediate preparation for,
occupational therapy services.
SEC. 6. SEC. 9. Section 2570.3 of
the Business and Professions Code is amended to read:
2570.3. (a) No person shall practice occupational therapy or hold
himself or herself out as an occupational therapist or as being able
to practice occupational therapy, or to render occupational therapy
services in this state unless he or she is licensed as an
occupational therapist under the provisions of this chapter. No
person shall hold himself or herself out as an occupational therapy
assistant or work as an occupational therapy assistant under the
supervision of an occupational therapist unless he or she is licensed
as an occupational therapy assistant under the provisions of this
chapter.
(b) Only an individual may be licensed under this chapter.
(c) Nothing in this chapter shall be construed as authorizing an
occupational therapist to practice physical therapy, as defined in
Section 2620; speech-language pathology or audiology, as defined in
Section 2530.2; nursing, as defined in Section 2725;
psychology, as defined in Section 2903; or spinal manipulation or
other forms of healing, except as authorized by this section.
(d) An occupational therapist may provide advanced practices if
the therapist has the knowledge, skill, and ability to do so and has
demonstrated to the satisfaction of the board that he or she has met
educational training and competency requirements. These advanced
practices include the following:
(1) Hand therapy.
(2) The use of physical agent modalities.
(3) Swallowing assessment, evaluation, or intervention.
(e) An occupational therapist providing hand therapy services
shall demonstrate to the satisfaction of the board that he or she has
completed post professional education and training in all of the
following areas:
(1) Anatomy of the hand, wrist, and forearm and how they are
altered by pathology.
(2) Histology as it relates to tissue healing and the effects of
immobilization and mobilization on connective tissue.
(3) Muscle, sensory, vascular, and connective tissue physiology.
(4) Kinesiology of the hand, wrist, and forearm, such as
biomechanical principles of pulleys, intrinsic and extrinsic muscle
function, internal forces of muscles, and the effects of external
forces.
(5) The effects of temperature and electrical currents on nerve
and connective tissue.
(6) Surgical procedures of the hand, wrist, and forearm and their
postoperative course.
(f) An occupational therapist using physical agent modalities
shall demonstrate to the satisfaction of the board that he or she has
completed post professional education and training in all of the
following areas:
(1) Anatomy and physiology of muscle, sensory, vascular, and
connective tissue in response to the application of physical agent
modalities.
(2) Principles of chemistry and physics related to the selected
modality.
(3) Physiological, neurophysiological, and electrophysiological
changes that occur as a result of the application of a modality.
(4) Guidelines for the preparation of the patient, including
education about the process and possible outcomes of treatment.
(5) Safety rules and precautions related to the selected modality.
(6) Methods for documenting immediate and long-term effects of
treatment.
(7) Characteristics of the equipment, including safe operation,
adjustment, indications of malfunction, and care.
(g) An occupational therapist in the process of achieving the
education, training, and competency requirements established by the
board for providing hand therapy or using physical agent modalities
may practice these techniques under the supervision of an
occupational therapist who has already met the requirements
established by the board, a physical therapist, or a physician and
surgeon.
(h) The board shall develop and adopt regulations regarding the
educational training and competency requirements for advanced
practices in collaboration with the Speech-Language Pathology and
Audiology Board, the Board of Registered Nursing, and the Physical
Therapy Board of California.
(i) Nothing in this chapter shall be construed as authorizing an
occupational therapist to seek reimbursement for services other than
for the practice of occupational therapy as defined in this chapter.
(j) "Supervision of an occupational therapy assistant" means that
the responsible occupational therapist shall at all times be
responsible for all occupational therapy services provided to the
client. The occupational therapist who is responsible for appropriate
supervision shall formulate and document in each client's record,
with his or her signature, the goals and plan for that client, and
shall make sure that the occupational therapy assistant assigned to
that client functions under appropriate supervision. As part of the
responsible occupational therapist's appropriate supervision, he or
she shall conduct at least weekly review and inspection of all
aspects of occupational therapy services by the occupational therapy
assistant.
(1) The supervising occupational therapist has the continuing
responsibility to follow the progress of each patient, provide direct
care to the patient, and to assure that the occupational therapy
assistant does not function autonomously.
(2) An occupational therapist shall not supervise more
occupational therapy assistants, at any one time, than can be
appropriately supervised in the opinion of the board. Two
occupational therapy assistants shall be the maximum number of
occupational therapy assistants supervised by an occupational
therapist at any one time, but the board may permit the supervision
of a greater number by an occupational therapist if, in the opinion
of the board, there would be adequate supervision and the public's
health and safety would be served. In no case shall the total number
of occupational therapy assistants exceed twice the number of
occupational therapists regularly employed by a facility at any one
time.
(k) The amendments to subdivisions (d), (e), (f), and (g) relating
to advanced practices, that are made by the act adding this
subdivision, shall become operative no later than January 1, 2004, or
on the date the board adopts regulations pursuant to subdivision (h)
of that section , whichever first occurs.
SEC. 7. SEC. 10. Section 2570.4 of
the Business and Professions Code is amended to read:
2570.4. Nothing in this chapter shall be construed as preventing
or restricting the practice, services, or activities of any of the
following persons:
(a) Any person licensed or otherwise recognized in this state by
any other law or regulation when that person is engaged in the
profession or occupation for which he or she is licensed or otherwise
recognized.
(b) Any person pursuing a supervised course of study leading to a
degree or certificate in occupational therapy at an accredited
educational program, if the person is designated by a title that
clearly indicates his or her status as a student or trainee.
(c) Any person fulfilling the supervised fieldwork experience
requirements of subdivision (c) of Section 2570.6, if the experience
constitutes a part of the experience necessary to meet the
requirement of that provision.
(d) Any person performing occupational therapy services in the
state if all of the following apply:
(1) An application for licensure as an occupational therapist or
an occupational therapy assistant has been filed with the board
pursuant to Section 2570.6 and an application for a license in this
state has not been previously denied.
(2) The person possesses a current, active, and nonrestricted
license to practice occupational therapy under the laws of another
state that the board determines has licensure requirements at least
as stringent as the requirements of this chapter.
(3) Occupational therapy services are performed in association
with an occupational therapist licensed under this chapter, and for
no more than 60 days from the date on which the application for
licensure was filed with the board.
(e) Any person employed as an aide subject to the supervision
requirements of this section.
SEC. 8. SEC. 11. Section 2570.5 of
the Business and Professions Code is amended to read:
2570.5. (a) A limited permit may be granted to any person who has
completed the education and experience requirements of this chapter.
(b) A person who meets the qualifications to be admitted to the
examination for licensure under this chapter and is waiting to take
the first available examination or awaiting the announcement of the
results of the examination, according to the application requirements
for a limited permit, may practice as an occupational therapist or
as an occupational therapy assistant under the direction and
appropriate supervision of an occupational therapist duly licensed
under this chapter. If that person fails to qualify for or pass the
first announced examination, all privileges under this section shall
automatically cease upon due notice to the applicant of that failure
and may not be renewed.
(c) A limited permit shall be subject to other requirements set
forth in rules adopted by the board.
SEC. 9. SEC. 12. Section 2570.6 of
the Business and Professions Code is amended to read:
2570.6. An applicant applying for a license as an occupational
therapist or as an occupational therapy assistant shall file with the
board a written application provided by the board, showing to the
satisfaction of the board that he or she meets all of the following
requirements:
(a) That the applicant is in good standing and has not committed
acts or crimes constituting grounds for denial of a license under
Section 480.
(b) (1) That the applicant has successfully completed the academic
requirements of an educational program for occupational therapists
or occupational therapy assistants that is approved by the board and
accredited by the American
Occupational Therapy Association's Accreditation Council for
Occupational Therapy Education (ACOTE).
(2) The curriculum of an education program for occupational
therapists shall contain the content specifically required in the
ACOTE accreditation standards, including all of the following
subjects:
(A) Biological, behavioral, and health sciences.
(B) Structure and function of the human body, including anatomy,
kinesiology, physiology, and the neurosciences.
(C) Human development throughout the life span.
(D) Human behavior in the context of sociocultural systems.
(E) Etiology, clinical course, management, and prognosis of
disease processes and traumatic injuries, and the effects of those
conditions on human functioning.
(F) Occupational therapy theory, practice, and process that shall
include the following:
(i) Human performance, that shall include occupational performance
throughout the life cycle, human interaction, roles, values, and the
influences of the nonhuman environment.
(ii) Activity processes that shall include the following:
(I) Theories underlying the use of purposeful activity and the
meaning and dynamics of activity.
(II) Performance of selected life tasks and activities.
(III) Analysis, adaptation, and application of purposeful activity
as therapeutic intervention.
(IV) Use of self, dyadic, and group interaction.
(iii) Theoretical approaches, including those related to
purposeful activity, human performance, and adaptation.
(iv) Application of occupational therapy theory to practice, that
shall include the following:
(I) Assessment and interpretation, observation, interviews,
history, and standardized and nonstandardized tests.
(II) Directing, planning, and implementation, that shall include:
therapeutic intervention related to daily living skills and
occupational components; therapeutic adaptation, including methods of
accomplishing daily life tasks, environmental adjustments,
orthotics, and assistive devices and equipment; health maintenance,
including energy conservation, joint protection, body mechanics, and
positioning; and prevention programs to foster age-appropriate
recommendations to maximize treatment gains.
(III) Program termination including reevaluation, determination of
discharge, summary of occupational therapy outcome, and appropriate
recommendations to maximize treatment gains.
(IV) Documentation.
(v) Development and implementation of quality assurance.
(vi) Management of occupational therapy service, that shall
include:
(I) Planning services for client groups.
(II) Personnel management, including occupational therapy
assistants, aides, volunteers, and level I students.
(III) Departmental operations, including budgeting, scheduling,
recordkeeping, safety, and maintenance of supplies and equipment.
(3) The curriculum of an education program for occupational
therapy assistants shall contain the content specifically required in
the ACOTE accreditation standards, including all of the following
subjects:
(A) Biological, behavioral, and health sciences.
(B) Structure and function of the normal human body.
(C) Human development.
(D) Conditions commonly referred to occupational therapists.
(E) Occupational therapy principles and skills, that shall include
the following:
(i) Human performance, including life tasks and roles as related
to the developmental process from birth to death.
(ii) Activity processes and skills, that shall include the
following:
(I) Performance of selected life tasks and activities.
(II) Analysis and adaptation of activities.
(III) Instruction of individuals and groups in selected life tasks
and activities.
(iii) Concepts related to occupational therapy practice, that
shall include the following:
(I) The importance of human occupation as a health determinant.
(II) The use of self, interpersonal, and communication skills.
(iv) Use of occupational therapy concepts and skills, that shall
include the following:
(I) Data collection, that shall include structured observation and
interviews, history, and structured tests.
(II) Participation in planning and implementation, that shall
include: therapeutic intervention related to daily living skills and
occupational components; therapeutic adaptation, including methods of
accomplishing daily life tasks, environmental adjustments,
orthotics, and assistive devices and equipment; health maintenance,
including mental health techniques, energy conservation, joint
protection, body mechanics, and positioning; and prevention programs
to foster age-appropriate balance of self-care and work.
(III) Program termination, including assisting in reevaluation,
summary of occupational therapy outcome, and appropriate
recommendations to maximize treatment gains.
(IV) Documentation.
(c) That the applicant has successfully completed a period of
supervised fieldwork experience approved by the board and arranged by
a recognized educational institution where he or she met the
academic requirements of subdivision (b) or arranged by a nationally
recognized professional association. The fieldwork requirements shall
be as follows:
(1) For an occupational therapist, a minimum of 960 hours of
supervised fieldwork experience shall be completed within 24 months
of the completion of didactic coursework.
(2) For an occupational therapy assistant, a minimum of 640 hours
of supervised fieldwork experience shall be completed within 20
months of the completion of didactic coursework.
(d) That the applicant has passed an examination as provided in
Section 2570.7.
(e) That the applicant, at the time of application, is a person
over 18 years of age, is not addicted to alcohol or any controlled
substance, and has not committed acts or crimes constituting grounds
for denial of licensure under Section 480.
SEC. 10. SEC. 13. Section 2570.7 of
the Business and Professions Code is amended to read:
2570.7. (a) An applicant who has satisfied the requirements of
Section 2570.6 may apply for examination for licensure in a manner
prescribed by the board. Subject to the provisions of this chapter,
an applicant who fails an examination may apply for reexamination.
(b) Each applicant for licensure shall successfully complete the
entry level certification examination for occupational therapists or
occupational therapy assistants, such as the examination administered
by the National Board for Certification in Occupational Therapy or
by another nationally recognized credentialing body. The examination
shall be appropriately validated. Each applicant shall be examined by
written examination to test his or her knowledge of the basic and
clinical sciences relating to occupational therapy, occupational
therapy techniques and methods, and any other subjects that the board
may require to determine the applicant's fitness to practice under
this chapter.
(c) Applicants for licensure shall be examined at a time and place
and under that supervision as the board may require.
SEC. 11. SEC. 14. Section 2570.9 of
the Business and Professions Code is amended to read:
2570.9. The board shall issue a license to any applicant who
meets the requirements of this chapter, including the payment of the
prescribed licensure or renewal fee, and who meets any other
requirement in accordance with applicable state law.
SEC. 12. SEC. 15. Section 2570.10 of
the Business and Professions Code is amended to read:
2570.10. (a) Any license issued under this chapter shall be
subject to renewal as prescribed by the board and shall expire unless
renewed in that manner. The board may provide for the late renewal
of a license as provided for in Section 163.5.
(b) In addition to any other qualifications and requirements for
licensure renewal, the board may by rule establish and require the
satisfactory completion of continuing competency requirements as a
condition of renewal of a license.
SEC. 13. SEC. 16. Section 2570.13 of
the Business and Professions Code is amended to read:
2570.13. (a) Consistent with this section, subdivisions (a), (b),
and (c) of Section 2570.2, and accepted professional standards, the
board shall adopt rules necessary to assure appropriate supervision
of occupational therapy assistants and aides.
(b) An occupational therapy assistant may practice only under the
supervision of an occupational therapist who is authorized to
practice occupational therapy in this state.
(c) An aide providing delegated, client-related supportive
services shall require continuous and direct supervision by an
occupational therapist.
SEC. 14. SEC. 17. Section 2570.16 of
the Business and Professions Code is amended to read:
2570.16. Initial license and renewal fees shall be established by
the board in an amount that does not exceed a ceiling of one hundred
fifty dollars ($150) per year. The board shall establish the
following additional fees:
(a) An application fee not to exceed fifty dollars ($50).
(b) A late renewal fee as provided for in Section 2570.10.
(c) A limited permit fee.
(d) A fee to collect fingerprints for criminal history record
checks.
SEC. 15. SEC. 18. Section 2570.17 is
added to the Business and Professions Code, to read:
2570.17. (a) The board shall issue, upon application and payment
of a twenty-five dollar ($25) fee, a retired license to an
occupational therapist or an occupational therapy assistant who holds
a license that is current and active, or capable of being renewed
pursuant to Section 2570.10, and whose license is not suspended,
revoked, or otherwise restricted by the board or subject to
discipline under this chapter.
(b) The holder of a retired license issued pursuant to this
section shall not engage in any activity for which an active license
is required. An occupational therapist holding a retired license
shall be permitted to use the title "occupational therapist, retired"
or "retired occupational therapist." An occupational therapy
assistant holding a retired license shall be permitted to use the
title "occupational therapy assistant, retired" or "retired
occupational therapy assistant." The designation of retired shall not
be abbreviated in any way.
(c) The holder of a retired license shall not be required to renew
that license.
(d) In order for the holder of a retired license issued pursuant
to this section to restore his or her license, he or she shall comply
with Section 2570.14.
SEC. 16. SEC. 19. Section 2570.18 of
the Business and Professions Code is amended to read:
2570.18. (a) A person shall not represent to the public by title,
by description of services, methods, or procedures, or otherwise,
that the person is authorized to practice occupational therapy in
this state, unless authorized to practice occupational therapy under
this chapter.
(b) Unless licensed to practice as an occupational therapist under
this chapter, a person may not use the professional abbreviations
"O.T.," "O.T.R.," or "O.T.R./L.," or "Occupational Therapist," or
"Occupational Therapist Registered," or any other words, letters, or
symbols with the intent to represent that the person practices or is
authorized to practice occupational therapy.
(c) Unless licensed to assist in the practice of occupational
therapy as an occupational therapy assistant under this chapter, a
person may not use the professional abbreviations "O.T.A.,"
"O.T.A/L.," "C.O.T.A.," "C.O.T.A./L.," or "Occupational Therapy
Assistant," "Licensed Occupational Therapy Assistant," or any other
words, letters, or symbols, with the intent to represent that the
person assists in, or is authorized to assist in, the practice of
occupational therapy as an occupational therapy assistant.
(d) The unauthorized practice or representation as an occupational
therapist or as an occupational therapy assistant constitutes an
unfair business practice under Section 17200 and false and misleading
advertising under Section 17500.
SEC. 17. SEC. 20. Section 2570.186
is added to the Business and Professions Code, to read:
2570.186. The board may inspect the books or records of, or
require reports from, a general or specialized hospital or any other
facility providing occupational therapy treatment or services and the
occupational therapy staff thereof, with respect to the care,
occupational therapy treatment, services, or facilities provided
therein, in response to a complaint that a licensee has violated any
law or regulation that constitutes grounds for disciplinary action
and may utilize occupational therapists for this purpose.
A licensee's failure to allow an inspection or provide reports or
any part thereof shall be considered unprofessional conduct.
SEC. 18. SEC. 21. Section 2570.20 of
the Business and Professions Code is amended to read:
2570.20. (a) The board shall administer, coordinate, and enforce
the provisions of this chapter, evaluate the qualifications, and
approve the examinations for licensure under this chapter.
(b) The board shall adopt rules in accordance with the
Administrative Procedure Act relating to professional conduct to
carry out the purpose of this chapter, including, but not limited to,
rules relating to professional licensure and to the establishment of
ethical standards of practice for persons holding a license to
practice occupational therapy or to assist in the practice of
occupational therapy in this state.
(c) Proceedings under this chapter shall be conducted in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
SEC. 19. SEC. 22. Section 2570.26 of
the Business and Professions Code is amended to read:
2570.26. (a) The board may, after a hearing, deny, suspend,
revoke, or place on probation a license, inactive license, or limited
permit.
(b) As used in this chapter, "license" includes a license, limited
permit, or any other authorization to engage in practice regulated
by this chapter.
(c) The proceedings under this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the board shall
have all the powers granted therein.
SEC. 20. SEC. 23. Section 2570.28 of
the Business and Professions Code is amended to read:
2570.28. The board may deny or discipline a licensee for any of
the following:
(a) Unprofessional conduct, including, but not limited to, the
following:
(1) Incompetence or gross negligence in carrying out usual
occupational therapy functions.
(2) Repeated similar negligent acts in carrying out usual
occupational therapy functions.
(3) A conviction of practicing medicine without a license in
violation of Chapter 5 (commencing with Section 2000), in which event
a certified copy of the record of conviction shall be conclusive
evidence thereof.
(4) The use of advertising relating to occupational therapy which
violates Section 17500.
(5) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action against a licensee by another state or
territory of the United States, by any other government agency, or by
another California health care professional licensing board. A
certified copy of the decision, order, or judgment shall be
conclusive evidence thereof.
(b) Procuring a license by fraud, misrepresentation, or mistake.
(c) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision or term of this chapter or any regulation adopted
pursuant to this chapter.
(d) Making or giving any false statement or information in
connection with the application for issuance or renewal of a license.
(e) Conviction of a crime or of any offense substantially related
to the qualifications, functions, or duties of a licensee, in which
event the record of the conviction shall be conclusive evidence
thereof.
(f) Impersonating an applicant or acting as proxy for an applicant
in any examination required under this chapter for the issuance of a
license.
(g) Impersonating a licensed practitioner, or permitting or
allowing another unlicensed person to use a license.
(h) Committing any fraudulent, dishonest, or corrupt act that is
substantially related to the qualifications, functions, or duties of
a licensee.
(i) Committing any act punishable as a sexually related crime, if
that act is substantially related to the qualifications, functions,
or duties of a licensee, in which event a certified copy of the
record of conviction shall be conclusive evidence thereof.
(j) Using excessive force upon or mistreating or abusing any
patient. For the purposes of this subdivision, "excessive force"
means force clearly in excess of that which would normally be applied
in similar clinical circumstances.
(k) Falsifying or making grossly incorrect, grossly inconsistent,
or unintelligible entries in a patient or hospital record or any
other record.
() Changing the prescription of a physician and surgeon or
falsifying verbal or written orders for treatment or a diagnostic
regime received, whether or not that action resulted in actual
patient harm.
(m) Failing to maintain confidentiality of patient medical
information, except as disclosure is otherwise permitted or required
by law.
(n) Delegating to an unlicensed employee or person a service that
requires the knowledge, skills, abilities, or judgment of a licensee.
(o) Committing any act that would be grounds for denial of a
license under Section 480.
(p) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the board,
thereby risking transmission of infectious diseases from licensee to
patient, from patient to patient, or from patient to licensee.
(1) In administering this subdivision, the board shall consider
referencing the standards, regulations, and guidelines of the State
Department of Public Health developed pursuant to Section 1250.11 of
the Health and Safety Code and the standards, guidelines, and
regulations pursuant to the California Occupational Safety and Health
Act of 1973 (Part 1 (commencing with Section 63001) of Division 5 of
the Labor Code) for preventing the transmission of HIV, hepatitis B,
and other blood-borne pathogens in health care settings. As
necessary to encourage appropriate consistency in the implementation
of this subdivision, the board shall consult with the Medical Board
of California, the Board of Podiatric Medicine, the Dental Board of
California, the Board of Registered Nursing, and the Board of
Vocational Nursing and Psychiatric Technicians.
(2) The board shall seek to ensure that licensees are informed of
their responsibility to minimize the risk of transmission of
infectious diseases from health care provider to patient, from
patient to patient, and from patient to health care provider, and are
informed of the most recent scientifically recognized safeguards for
minimizing the risks of transmission.
SEC. 21. SEC. 24. Section 2571 of
the Business and Professions Code is amended to read:
2571. (a) An occupational therapist licensed pursuant to this
chapter and approved by the board in the use of physical agent
modalities may apply topical medications prescribed by the patient's
physician and surgeon, certified nurse-midwife pursuant to Section
2746.51, nurse practitioner pursuant to Section 2836.1, or physician
assistant pursuant to Section 3502.1, if the licensee complies with
regulations adopted by the board pursuant to this section.
(b) The board shall adopt regulations implementing this section,
after meeting and conferring with the Medical Board of California,
the California State Board of Pharmacy, and the Physical Therapy
Board of California, specifying those topical medications applicable
to the practice of occupational therapy and protocols for their use.
(c) Nothing in this section shall be construed to authorize an
occupational therapist to prescribe medications.
SEC. 22. SEC. 25. Section 2872.2 of
the Business and Professions Code is amended to read:
2872.2. An applicant for license by examination shall submit a
written application in the form prescribed by the board.
Provided that the application for licensure by examination is
received by the board no later than four months after completion of a
board accredited nursing program and approval of the application,
the board may issue an interim permit authorizing the applicant to
practice vocational nursing pending the results of the first
licensing examination, or for a period of nine months, whichever
occurs first.
If the applicant passes the examination, the interim permit shall
remain in effect until an initial license is issued by the board or
for a maximum period of six months after passing the examination,
whichever occurs first. If the applicant fails the examination, the
interim permit shall terminate upon notice by certified mail, return
receipt requested, or if the applicant fails to receive the notice,
upon the date specified in the interim permit, whichever occurs
first.
A permittee shall function under the supervision of a licensed
vocational nurse or a registered nurse, who shall be present and
available on the premises during the time the permittee is rendering
professional services. The supervising licensed vocational nurse or
registered nurse may delegate to the permittee any function taught in
the permittee's basic nursing program.
An interim permittee shall not use any title or designation other
than vocational nurse interim permittee or "V.N.I.P."
SEC. 23. SEC. 26. Section 3357 of the
Business and Professions Code is amended to read:
3357. (a) An applicant who has fulfilled the requirements of
Section 3352, and has made application therefor, and who proves to
the satisfaction of the bureau that he or she will be supervised and
trained by a hearing aid dispenser who is approved by the bureau may
have a temporary license issued to him or her. The temporary license
shall entitle the temporary licensee to fit or sell hearing aids as
set forth in regulations of the bureau. The supervising dispenser
shall be responsible for any acts or omissions committed by a
temporary licensee under his or her supervision that may constitute a
violation of this chapter.
(b) The bureau shall adopt regulations setting forth criteria for
its refusal to approve a hearing aid dispenser to supervise a
temporary licensee, including procedures to appeal that decision.
(c) A temporary license issued pursuant to this section is
effective and valid for six months from date of issue. The bureau may
renew the temporary license for an additional period of six months.
Except as provided in subdivision (d), the bureau shall not issue
more than two renewals of a temporary license to any applicant.
Notwithstanding subdivision (d), if a temporary licensee who is
entitled to renew a temporary license does not renew the temporary
license and applies for a new temporary license at a later time, the
new temporary license shall only be issued and renewed subject to the
limitations set forth in this subdivision.
(d) A new temporary license may be issued pursuant to this section
if a temporary license issued pursuant to subdivision (c) has lapsed
for a minimum of three years from the expiration or cancellation
date of the previous temporary license. The bureau may issue only one
new temporary license under this subdivision.
SEC. 24. SEC. 27. Section 3362 of
the Business and Professions Code is amended to read:
3362. (a) Before engaging in the practice of fitting or selling
hearing aids, each licensee shall notify the bureau in writing of the
address or addresses where he or she is to engage, or intends to
engage, in the fitting or selling of hearing aids, and of any changes
in his or her place of business within 30 days of engaging in that
practice.
(b) If a street address is not the address at which the licensee
receives mail, the licensee shall also notify the bureau in writing
of the mailing address for each location where the licensee is to
engage, or intends to engage, in the fitting or selling of hearing
aids, and of any change in the mailing address of his or her place or
places of business.
SEC. 25. SEC. 28. Section 3366 of
the Business and Professions Code is amended to read:
3366. A licensee shall, upon the consummation of a sale of a
hearing aid, keep and maintain records in his or her office or place
of business at all times and each record shall be kept and maintained
for a seven-year period. All records related to the sale and fitting
of hearing aids shall be open to inspection by the bureau or its
authorized representatives upon reasonable notice. The records kept
shall include:
(a) Results of test techniques as they pertain to fitting of the
hearing aid.
(b) A copy of the written receipt required by Section 3365 and the
written recommendation and receipt required by Section 3365.5 when
applicable.
(c) Records of maintenance or calibration of equipment used in the
practice of fitting or selling hearing aids.
SEC. 26. SEC. 29. Section 3456 of
the Business and Professions Code is amended to read:
3456. The amount of fees and penalties prescribed by this chapter
shall be those set forth in this section unless a lower fee is fixed
by the bureau:
(a) The fee for applicants applying for the first time for a
license is seventy-five dollars ($75), which shall not be refunded,
except to applicants who are found to be ineligible to take an
examination for a license. Those applicants are entitled to a refund
of fifty dollars ($50).
(b) The fees for taking or retaking the written and practical
examinations shall be amounts fixed by the bureau, which shall be
equal to the actual cost of preparing, grading, analyzing, and
administering the examinations.
(c) The initial temporary license fee is one hundred dollars
($100). The fee for renewal of a temporary license is one hundred
dollars ($100) for each renewal.
(d) The initial permanent license fee is two hundred eighty
dollars ($280). The fee for renewal of a permanent license is not
more than two hundred eighty dollars ($280) for each renewal.
(e) The initial branch office license fee is twenty-five dollars
($25). The fee for renewal of a branch office license is twenty-five
dollars ($25) for each renewal.
(f) The delinquency fee is twenty-five dollars ($25).
(g) The fee for
issuance of a replacement license is twenty-five dollars ($25).
(h) The continuing education course approval application fee is
fifty dollars ($50).
(i) The fee for official certification of licensure is fifteen
dollars ($15).
SEC. 27. SEC. 30. Section 3740 of
the Business and Professions Code is amended to read:
3740. (a) Except as otherwise provided in this chapter, all
applicants for licensure under this chapter shall have completed an
education program for respiratory care that is accredited by the
Commission on Accreditation for Respiratory Care or its successor and
been awarded a minimum of an associate degree from an institution or
university accredited by a regional accreditation agency or
association recognized by the United States Department of Education.
(b) Notwithstanding subdivision (a), meeting the following
qualifications shall be deemed equivalent to the required education:
(1) Enrollment in a baccalaureate degree program in an institution
or university accredited by a regional accreditation agency or
association recognized by the United States Department of Education.
(2) Completion of science, general academic, and respiratory
therapy coursework commensurate with the requirements for an
associate degree in subdivision (a).
(c) An applicant whose application is based on a diploma issued to
the applicant by a foreign respiratory therapy school or a
certificate or license issued by another state, district, or
territory of the United States that does not meet the requirements in
subdivision (a) or (b), shall enroll in an advanced standing and
approved respiratory educational program for evaluation of his or her
education and training and furnish documentary evidence,
satisfactory to the board, that he or she satisfies all of the
following requirements:
(1) Holds an associate degree or higher level degree equivalent to
that required in subdivision (a) or (b).
(2) Completion of a respiratory therapy educational program
equivalent to that required in subdivision (a) or (b).
(3) Possession of knowledge and skills to competently and safely
practice respiratory care in accordance with national standards.
(d) Notwithstanding subdivision (c), an applicant whose
application is based on education provided by a Canadian institution
or university that does not meet the requirements in subdivision (a)
or (b) shall furnish documentary evidence, satisfactory to the board,
that he or she satisfies both of the following requirements:
(1) Holds a degree equivalent to that required in subdivision (a)
or (b).
(2) Completion of a respiratory therapy educational program
recognized by the Canadian Board of Respiratory Care.
(e) A school shall give the director of a respiratory care program
adequate release time to perform his or her administrative duties
consistent with the established policies of the educational
institution.
(f) Satisfactory evidence as to educational qualifications shall
take the form of certified transcripts of the applicant's college
record mailed directly to the board from the educational institution.
However, the board may require an evaluation of educational
credentials by an evaluation service approved by the board.
(g) At the board's discretion, it may waive its educational
requirements if evidence is presented and the board deems it as
meeting the current educational requirements that will ensure the
safe and competent practice of respiratory care. This evidence may
include, but is not limited to:
(1) Work experience.
(2) Good standing of licensure in another state.
(3) Previous good standing of licensure in the State of
California.
(h) Nothing contained in this section shall prohibit the board
from disapproving any respiratory therapy school, nor from denying
the applicant if the instruction, including modalities and
advancements in technology, received by the applicant or the courses
were not equivalent to that required by the board.
SEC. 28. SEC. 31. Section 3750.5 of
the Business and Professions Code is amended to read:
3750.5. In addition to any other grounds specified in this
chapter, the board may deny, suspend, place on probation,
or revoke the license of any applicant or licenseholder who has done
any of the following:
(a) Obtained, possessed, used, or administered to himself or
herself in violation of law, or furnished or administered to another
, any controlled substances as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or any
dangerous drug as defined in Article 2 (commencing with Section
4015) of Chapter 9, except as directed by a licensed physician and
surgeon, dentist, podiatrist, or other authorized health care
provider.
(b) Used any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or any
dangerous drug as defined in Article 2 (commencing with Section
4015) of Chapter 9 of this code, or alcoholic beverages, to an extent
or in a manner dangerous or injurious to himself or herself, or to
others such that the use , or that
impaired his or her ability to conduct with safety the practice
authorized by his or her license.
(c) Applied for employment or worked in any health care profession
or environment while under the influence of alcohol.
(d) Been convicted of a criminal offense involving the consumption
or self-administration of any of the substances described in
subdivisions (a) and (b), or the possession of, or falsification of a
record pertaining to, the substances described in subdivision (a),
in which event the record of the conviction is conclusive evidence
thereof.
(e) Been committed or confined by a court of competent
jurisdiction for intemperate use of or addiction to the use of any of
the substances described in subdivisions (a), (b), and (c), in which
event the court order of commitment or confinement is prima facie
evidence of that commitment or confinement.
(f) Falsified, or made grossly incorrect, grossly inconsistent, or
unintelligible entries in any hospital, patient, or other record
pertaining to the substances described in subdivision (a).
SEC. 29. SEC. 32. Section 3773 of
the Business and Professions Code is amended to read:
3773. (a) At the time of application for renewal of a respiratory
care practitioner license, the licensee shall notify the board of
all of the following:
(1) Whether he or she has been convicted of any crime subsequent
to the licensee's previous renewal.
(2) The name and address of the licensee's current employer or
employers.
(b) The licensee shall cooperate in furnishing additional
information as requested by the board. If the licensee fails to
provide the requested information within 30 days, the license shall
be made inactive until the information is received.
SEC. 30. SEC. 33. Section 4013 is
added to the Business and Professions Code, to read:
4013. (a) Any facility licensed by the board shall join the board'
s e-mail notification list within 60 days of obtaining a license or
at the time of license renewal.
(b) Any facility licensed by the board shall update it's
its e-mail address with the board's e-mail
notification list within 30 days of a change in the facility's e-mail
address.
(c) This section shall become operative on July 1, 2010.
SEC. 31. SEC. 34. Section 4101 of
the Business and Professions Code is amended to read:
4101. (a) A pharmacist may take charge of and act as the
pharmacist-in-charge of a pharmacy upon application by the pharmacy
and approval by the board. Any pharmacist-in-charge who ceases to act
as the pharmacist-in-charge of the pharmacy shall notify the board
in writing within 30 days of the date of that change in status.
(b) A designated representative or a pharmacist may take charge
of, and act as, the designated representative-in-charge of a
wholesaler or veterinary food drug-animal retailer upon application
by the wholesaler or veterinary food drug-animal retailer and
approval by the board. Any designated representative-in-charge who
ceases to act as the designated representative-in-charge at that
entity , shall notify the board in writing within
30 days of the date of that change in status.
SEC. 32. SEC. 35. Section 4112 of
the Business and Professions Code is amended to read:
4112. (a) Any pharmacy located outside this state that ships,
mails, or delivers, in any manner, controlled substances, dangerous
drugs, or dangerous devices into this state shall be considered a
nonresident pharmacy.
(b) A person may not act as a nonresident pharmacy unless he or
she has obtained a license from the board. The board may register a
nonresident pharmacy that is organized as a limited liability company
in the state in which it is licensed.
(c) A nonresident pharmacy shall disclose to the board the
location, names, and titles of (1) its agent for service of process
in this state, (2) all principal corporate officers, if any, (3) all
general partners, if any, and (4) all pharmacists who are dispensing
controlled substances, dangerous drugs, or dangerous devices to
residents of this state. A report containing this information shall
be made on an annual basis and within 30 days after any change of
office, corporate officer, partner, or pharmacist.
(d) All nonresident pharmacies shall comply with all lawful
directions and requests for information from the regulatory or
licensing agency of the state in which it is licensed as well as with
all requests for information made by the board pursuant to this
section. The nonresident pharmacy shall maintain, at all times, a
valid unexpired license, permit, or registration to conduct the
pharmacy in compliance with the laws of the state in which it is a
resident. As a prerequisite to registering with the board, the
nonresident pharmacy shall submit a copy of the most recent
inspection report resulting from an inspection conducted by the
regulatory or licensing agency of the state in which it is located.
(e) All nonresident pharmacies shall maintain records of
controlled substances, dangerous drugs, or dangerous devices
dispensed to patients in this state so that the records are readily
retrievable from the records of other drugs dispensed.
(f) Any pharmacy subject to this section shall, during its regular
hours of operation, but not less than six days per week, and for a
minimum of 40 hours per week, provide a toll-free telephone service
to facilitate communication between patients in this state and a
pharmacist at the pharmacy who has access to the patient's records.
This toll-free telephone number shall be disclosed on a label affixed
to each container of drugs dispensed to patients in this state.
(g) The board shall adopt regulations that apply the same
requirements or standards for oral consultation to a nonresident
pharmacy that operates pursuant to this section and ships, mails, or
delivers any controlled substances, dangerous drugs, or dangerous
devices to residents of this state, as are applied to an in-state
pharmacy that operates pursuant to Section 4037 when the pharmacy
ships, mails, or delivers any controlled substances, dangerous drugs,
or dangerous devices to residents of this state. The board shall not
adopt any regulations that require face-to-face consultation for a
prescription that is shipped, mailed, or delivered to the patient.
The regulations adopted pursuant to this subdivision shall not result
in any unnecessary delay in patients receiving their medication.
(h) The registration fee shall be the fee specified in subdivision
(a) of Section 4400.
(i) The registration requirements of this section shall apply only
to a nonresident pharmacy that ships, mails, or delivers controlled
substances, dangerous drugs, and dangerous devices into this state
pursuant to a prescription.
(j) Nothing in this section shall be construed to authorize the
dispensing of contact lenses by nonresident pharmacists except as
provided by Section 4124.
SEC. 33. SEC. 36. Section 4113 of
the Business and Professions Code is amended to read:
4113. (a) Every pharmacy shall be supervised or managed by a
pharmacist-in-charge. As part of its initial application for a
license, and for each renewal, each pharmacy shall, on a form
designed by the board, provide identifying information and the
California license number for a pharmacist proposed to serve as the
pharmacist-in-charge. The proposed pharmacist-in-charge shall be
subject to approval by the board. The board shall not issue or renew
a pharmacy license without identification of an approved
pharmacist-in-charge for the pharmacy.
(b) The pharmacist-in-charge shall be responsible for a pharmacy's
compliance with all state and federal laws and regulations
pertaining to the practice of pharmacy.
(c) Every pharmacy shall notify the board in writing, on a form
designed by the board, within 30 days of the date when a
pharmacist-in-charge ceases to act as the
pharmacist-in-charge, and shall on the same form propose another
pharmacist to take over as the pharmacist-in-charge. The
proposed replacement pharmacist-in-charge shall be subject to
approval by the board. If disapproved, the pharmacy shall propose
another replacement within 15 days of the date of disapproval and
shall continue to name proposed replacements until a
pharmacist-in-charge is approved by the board.
(d) If a pharmacy is unable, in the exercise of reasonable
diligence, to identify within 30 days a permanent replacement
pharmacist-in-charge to propose to the board on the notification
form, the pharmacy may instead provide on that form the name of any
pharmacist who is an employee, officer, or administrator of the
pharmacy or the entity that owns the pharmacy and who is actively
involved in the management of the pharmacy on a daily basis, to act
as the interim pharmacist-in-charge for a period not to exceed 120
days. The pharmacy, or the entity that owns the pharmacy, shall be
prepared during normal business hours to provide a representative of
the board with the name of the interim pharmacist-in-charge with
documentation of the active involvement of the interim
pharmacist-in-charge in the daily management of the pharmacy, and
with documentation of the pharmacy's good faith efforts prior to
naming the interim pharmacist-in-charge to obtain a permanent
pharmacist-in-charge. By no later than 120 days following the
identification of the interim pharmacist-in-charge, the pharmacy
shall propose to the board the name of a pharmacist to serve as the
permanent pharmacist-in-charge. The proposed permanent
pharmacist-in-charge shall be subject to approval by the board. If
disapproved, the pharmacy shall propose another replacement within 15
days of the date of disapproval, and shall continue to name proposed
replacements until a pharmacist-in-charge is approved by the board.
SEC. 34. SEC. 37. Section 4146 is
added to the Business and Professions Code, to read:
4146. A pharmacy may accept the return of needles and syringes
from the public if contained in a sharps container, as defined in
Section 117750 of the Health and Safety Code.
SEC. 35. SEC. 38. Section 4160 of
the Business and Professions Code is amended to read:
4160. (a) A person may not act as a wholesaler of any dangerous
drug or dangerous device unless he or she has obtained a license from
the board.
(b) Upon approval by the board and the payment of the required
fee, the board shall issue a license to the applicant.
(c) A separate license shall be required for each place of
business owned or operated by a wholesaler. Each license shall be
renewed annually and shall not be transferable.
(d) Every wholesaler shall be supervised or managed by a
designated representative-in-charge. The designated
representative-in-charge shall be responsible for the wholesaler's
compliance with state and federal laws governing wholesalers. As part
of its initial application for a license, and for each renewal, each
wholesaler shall, on a form designed by the board, provide
identifying information and the California license number for a
designated representative or pharmacist proposed to serve as the
designated representative-in-charge. The proposed designated
representative-in-charge shall be subject to approval by the board.
The board shall not issue or renew a wholesaler license without
identification of an approved designated representative-in-charge for
the wholesaler.
(e) Every wholesaler shall notify the board in writing, on a form
designed by the board, within 30 days of the date when a designated
representative-in-charge ceases to act as the designated
representative-in-charge, and shall on the same form propose another
designated representative or pharmacist to take over as the
designated representative-in-charge. The proposed replacement
designated representative-in-charge shall be subject to approval by
the board. If disapproved, the wholesaler shall propose another
replacement within 15 days of the date of disapproval, and shall
continue to name proposed replacements until a designated
representative-in-charge is approved by the board.
(f) A drug manufacturer premises licensed by the Food and Drug
Administration or licensed pursuant to Section 111615 of the Health
and Safety Code that only distributes dangerous drugs and dangerous
devices of its own manufacture is exempt from this section and
Section 4161.
(g) The board may issue a temporary license, upon conditions and
for periods of time as the board determines to be in the public
interest. A temporary license fee shall be five hundred fifty dollars
($550) or another amount established by the board not to exceed the
annual fee for renewal of a license to compound injectable sterile
drug products. When needed to protect public safety, a temporary
license may be issued for a period not to exceed 180 days, subject to
terms and conditions that the board deems necessary. If the board
determines that a temporary license was issued by mistake or denies
the application for a permanent license, the temporary license shall
terminate upon either personal service of the notice of termination
upon the licenseholder or service by certified mail, return receipt
requested, at the licenseholder's address of record with the board,
whichever occurs first. Neither for purposes of retaining a temporary
license, nor for purposes of any disciplinary or license denial
proceeding before the board, shall the temporary licenseholder be
deemed to have a vested property right or interest in the license.
SEC. 36. SEC. 39. Section 4196 of
the Business and Professions Code is amended to read:
4196. (a) No person shall conduct a veterinary food-animal drug
retailer in the State of California unless he or she has obtained a
license from the board. A license shall be required for each
veterinary food-animal drug retailer owned or operated by a specific
person. A separate license shall be required for each of the premises
of any person operating a veterinary food-animal drug retailer in
more than one location. The license shall be renewed annually and
shall not be transferable.
(b) The board may issue a temporary license, upon conditions and
for periods of time as the board determines to be in the public
interest. A temporary license fee shall be fixed by the board at an
amount not to exceed the annual fee for renewal of a license to
conduct a veterinary food-animal drug retailer.
(c) No person other than a pharmacist, an intern pharmacist, a
designated representative, an authorized officer of the law, or a
person authorized to prescribe, shall be permitted in that area,
place, or premises described in the permit issued by the board
pursuant to Section 4041, wherein veterinary food-animal drugs are
stored, possessed, or repacked. A pharmacist or designated
representative shall be responsible for any individual who enters the
veterinary food-animal drug retailer for the purpose of performing
clerical, inventory control, housekeeping, delivery, maintenance, or
similar functions relating to the veterinary food-animal drug
retailer.
(d) Every veterinary food-animal drug retailer shall be supervised
or managed by a designated representative-in-charge. The designated
representative-in-charge shall be responsible for the veterinary
food-animal drug retailer's compliance with state and federal laws
governing veterinary food-animal drug retailers. As part of its
initial application for a license, and for each renewal, each
veterinary food-animal drug retailer shall, on a form designed by the
board, provide identifying information and the California license
number for a designated representative or pharmacist proposed to
serve as the designated representative-in-charge. The proposed
designated representative-in-charge shall be subject to approval by
the board. The board shall not issue or renew a veterinary
food-animal drug retailer license without identification of an
approved designated representative-in-charge for the veterinary
food-animal drug retailer.
(e) Every veterinary food-animal drug retailer shall notify the
board in writing, on a form designed by the board, within 30 days of
the date when a designated representative-in-charge who ceases to act
as the designated representative or pharmacist to take over as
the designated representative-in-charge. The proposed
replacement designated representative-in-charge shall be subject to
approval by the board. If disapproved, the veterinary food-animal
drug retailer shall propose another replacement within 15 days of the
date of disapproval, and shall continue to name proposed
replacements until a designated representative-in-charge is approved
by the board.
(f) For purposes of this section, designated
representative-in-charge means a person granted a designated
representative license pursuant to Section 4053, or a registered
pharmacist, who is the supervisor or manager of the facility.
SEC. 37. SEC. 40. Section 4510.1 of
the Business and Professions Code is amended to read:
4510.1. An applicant for license by examination shall submit a
written application in the form prescribed by the board. Provided
that the application for licensure is received by the board no later
than four months after completion of a board accredited psychiatric
technician program and approval of the application, the board may
issue an interim permit authorizing the applicant to practice all
skills included in the permittees basic course of study, pending the
results of the first licensing examination, or for a period of nine
months, whichever occurs first.
A permittee shall function under the supervision of a licensed
psychiatric technician or a registered nurse, who shall be present
and available on the premises during the time the permittee is
rendering professional services. The permittee may perform any
function taught in the permittee's basic psychiatric technician
program.
If the applicant passes the examination, the interim permit shall
remain in effect until an initial license is issued by the board or
for a maximum period of six months after passing the examination,
whichever occurs first. If the applicant fails the examination, the
interim permit shall terminate upon notice by certified mail, return
receipt requested, or if the applicant fails to receive the notice,
upon the date specified in the interim permit, whichever occurs
first. An interim permittee shall not use any title or designation
other than psychiatric technician interim permittee or "P.T.I.P."
SEC. 38. SEC. 41. Section 4933 of
the Business and Professions Code is amended to read:
4933. (a) The board shall administer this chapter.
(b) The board may adopt, amend, or repeal, in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
regulations as may be necessary to enable it to carry into effect the
provisions of law relating to the practice of acupuncture.
(c) Four members of the board, including at least one
acupuncturist, shall constitute a quorum to conduct business.
(d) It shall require an affirmative vote of a majority of those
present at a meeting of the board to take any action or pass any
motion.
SEC. 39. SEC. 42. Section 4980.45 of
the Business and Professions Code is amended to read:
4980.45. (a) A licensed professional in private practice who has
satisfied the requirements of subdivision (g) of Section 4980.03 may
supervise or employ, at any one time, no more than a total of two
individuals registered as either a marriage and family therapist
intern or associate clinical social worker in that private practice.
(b) A marriage and family therapy corporation may employ, at any
one time, no more than a total of two individuals registered as
either a marriage and family therapist intern or associate clinical
social worker for each employee or shareholder who has satisfied the
requirements of subdivision (g) of Section 4980.03. In no event shall
any corporation employ, at any one time, more than a total of 10
individuals registered as either a marriage and family therapist
intern or associate clinical social worker. In no event shall any
supervisor supervise, at any one time, more than a total of two
individuals registered as either a marriage and family therapist
intern or associate clinical social worker. Persons who supervise
individuals registered as either a marriage and family therapist
intern or associate clinical social worker shall be employed full
time by the professional corporation and shall be actively engaged in
performing professional services at and for the professional
corporation. Employment and supervision within a marriage and family
therapy corporation shall be subject to all laws and regulations
governing experience and supervision gained in a private practice
setting.
SEC. 40. SEC. 43. Section 4980.48 of
the Business and Professions Code is amended to read:
4980.48. (a) A trainee shall inform each client or patient, prior
to performing any professional services, that he or she is
unlicensed and under the supervision of a licensed marriage and
family therapist, a licensed clinical social worker, a licensed
psychologist, or a licensed physician certified in psychiatry by the
American Board of Psychiatry and Neurology.
(b) Any person that advertises services performed by a trainee
shall include the trainee's name, the supervisor's license
designation or abbreviation, and the supervisor's license number.
SEC. 41.
SEC. 44. Section 4982 of the Business and Professions
Code is amended to read:
4982. The board may deny a license or registration or may suspend
or revoke the license or registration of a licensee or registrant if
he or she has been guilty of unprofessional conduct. Unprofessional
conduct includes, but is not limited to, the following:
(a) The conviction of a crime substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The board may
inquire into the circumstances surrounding the commission of the
crime in order to fix the degree of discipline or to determine if the
conviction is substantially related to the qualifications,
functions, or duties of a licensee or registrant under this chapter.
A plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter shall be deemed to be a conviction within the
meaning of this section. The board may order any license or
registration suspended or revoked, or may decline to issue a license
or registration when the time for appeal has elapsed, or the judgment
of conviction has been affirmed on appeal, or, when an order
granting probation is made suspending the imposition of sentence,
irrespective of a subsequent order under Section 1203.4 of the Penal
Code allowing the person to withdraw a plea of guilty and enter a
plea of not guilty, or setting aside the verdict of guilty, or
dismissing the accusation, information, or indictment.
(b) Securing a license or registration by fraud, deceit, or
misrepresentation on any application for licensure or registration
submitted to the board, whether engaged in by an applicant for a
license or registration, or by a licensee in support of any
application for licensure or registration.
(c) Administering to himself or herself any controlled substance
or using of any of the dangerous drugs specified in Section 4022, or
of any alcoholic beverage to the extent, or in a manner, as to be
dangerous or injurious to the person applying for a registration or
license or holding a registration or license under this chapter, or
to any other person, or to the public, or, to the extent that the use
impairs the ability of the person applying for or holding a
registration or license to conduct with safety to the public the
practice authorized by the registration or license. The board shall
deny an application for a registration or license or revoke the
license or registration of any person, other than one who is licensed
as a physician and surgeon, who uses or offers to use drugs in the
course of performing marriage and family therapy services.
(d) Gross negligence or incompetence in the performance of
marriage and family therapy.
(e) Violating, attempting to violate, or conspiring to violate any
of the provisions of this chapter or any regulation adopted by the
board.
(f) Misrepresentation as to the type or status of a license or
registration held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
(g) Impersonation of another by any licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee, allowing any other person to use his or her license or
registration.
(h) Aiding or abetting, or employing, directly or indirectly, any
unlicensed or unregistered person to engage in conduct for which a
license or registration is required under this chapter.
(i) Intentionally or recklessly causing physical or emotional harm
to any client.
(j) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
(k) Engaging in sexual relations with a client, or a former client
within two years following termination of therapy, soliciting sexual
relations with a client, or committing an act of sexual abuse, or
sexual misconduct with a client, or committing an act punishable as a
sexually related crime, if that act or solicitation is substantially
related to the qualifications, functions, or duties of a marriage
and family therapist.
() Performing, or holding oneself out as being able to perform, or
offering to perform, or permitting any trainee or registered intern
under supervision to perform, any professional services beyond the
scope of the license authorized by this chapter.
(m) Failure to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client that is obtained from tests or
other means.
(n) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
(o) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional counseling
services actually provided by the licensee. Nothing in this
subdivision shall prevent collaboration among two or more licensees
in a case or cases. However, no fee shall be charged for that
collaboration, except when disclosure of the fee has been made in
compliance with subdivision (n).
(p) Advertising in a manner that is false, fraudulent, misleading,
or deceptive, as defined in Section 651.
(q) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device.
(r) Any conduct in the supervision of any registered intern,
associate clinical social worker, or trainee by any licensee that
violates this chapter or any rules or regulations adopted by the
board.
(s) Performing or holding oneself out as being able to perform
professional services beyond the scope of one's competence, as
established by one's education, training, or experience. This
subdivision shall not be construed to expand the scope of the license
authorized by this chapter.
(t) Permitting a trainee or registered intern under one's
supervision or control to perform, or permitting the trainee or
registered intern to hold himself or herself out as competent to
perform, professional services beyond the trainee's or registered
intern's level of education, training, or experience.
(u) The violation of any statute or regulation governing the
gaining and supervision of experience required by this chapter.
(v) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
(w) Failure to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
(x) Failure to comply with the elder and dependent adult abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
(y) Willful violation of Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code.
(z) Failure to comply with Section 2290.5.
(aa) (1) Engaging in an act described in Section 261, 286, 288a,
or 289 of the Penal Code with a minor or an act described in Section
288 or 288.5 of the Penal Code regardless of whether the act occurred
prior to or after the time the registration or license was issued by
the board. An act described in this subdivision occurring prior to
the effective date of this subdivision shall constitute
unprofessional conduct and shall subject the licensee to refusal,
suspension, or revocation of a license under this section.
(2) The Legislature hereby finds and declares that protection of
the public, and in particular minors, from sexual misconduct by a
licensee is a compelling governmental interest, and that the ability
to suspend or revoke a license for sexual conduct with a minor
occurring prior to the effective date of this section is equally
important to protecting the public as is the ability to refuse a
license for sexual conduct with a minor occurring prior to the
effective date of this section.
(ab) Engaging in any conduct that subverts or attempts to subvert
any licensing examination or the administration of an examination as
described in Section 123.
SEC. 42. SEC. 45. Section 4982.2 of
the Business and Professions Code is amended to read:
4982.2. (a) A licensed marriage and family therapist, marriage
and family therapist intern, licensed clinical social worker,
associate clinical social worker, or licensed educational
psychologist whose license or registration has been revoked or
suspended or who has been placed on probation may petition the board
for reinstatement or modification of the penalty, including
modification or termination of probation, after a period not less
than the following minimum periods has elapsed from the effective
date of the decision ordering the disciplinary action, or if the
order of the board, or any portion of it, is stayed by the board
itself, or by the superior court, from the date the disciplinary
action is actually implemented in its entirety:
(1) At least three years for reinstatement of a license or
registration that was revoked for unprofessional conduct, except that
the board may, in its sole discretion at the time of adoption,
specify in its order that a petition for reinstatement may be filed
after two years.
(2) At least two years for early termination of any probation
period of three years, or more.
(3) At least one year for modification of a condition, or
reinstatement of a license or registration revoked for mental or
physical illness, or termination of probation of less than three
years.
(b) The petition may be heard by the board itself, or the board
may assign the petition to an administrative law judge pursuant to
Section 11512 of the Government Code. The board shall give notice to
the Attorney General of the filing of the petition. The petitioner
and the Attorney General shall be given timely notice by letter of
the time and place of the hearing on the petition, and an opportunity
to present both oral and documentary evidence and argument to the
board. The petitioner shall at all times have the burden of
production and proof to establish by clear and convincing evidence
that he or she is entitled to the relief sought in the petition. The
board, when it is hearing the petition itself, or an administrative
law judge sitting for the board, may consider all activities of the
petitioner since the disciplinary action was taken, the offense for
which the petitioner was disciplined, the petitioner's activities
during the time his or her license was in good standing, and the
petitioner's rehabilitative efforts, general reputation for truth,
and professional ability.
(c) The hearing may be continued from time to time as the board or
the administrative law judge deems appropriate.
(d) The board itself, or the administrative law judge if one is
designated by the board, shall hear the petition and shall prepare a
written decision setting forth the reasons supporting the decision.
In a decision granting a petition reinstating a license or modifying
a penalty, the board itself, or the administrative law judge may
impose any terms and conditions that the agency deems reasonably
appropriate, including those set forth in Sections 823 and 4982.15.
Where a petition is heard by an administrative law judge sitting
alone, the administrative law judge shall prepare a proposed decision
and submit it to the board.
(e) The board may take action with respect to the proposed
decision and petition as it deems appropriate.
(f) The petition shall be on a form provided by the board, and
shall state any facts and information as may be required by the board
including, but not limited to, proof of compliance with the terms
and conditions of the underlying disciplinary order.
(g) The petitioner shall pay a fingerprinting fee and provide a
current set of his or her fingerprints to the board. The petitioner
shall execute a form authorizing release to the board or its
designee, of all information concerning the petitioner's current
physical and mental condition. Information provided to the board
pursuant to the release shall be confidential and shall not be
subject to discovery or subpoena in any other proceeding, and shall
not be admissible in any action, other than before the board, to
determine the petitioner's fitness to practice as required by Section
822.
(h) The petition shall be verified by the petitioner, who shall
file an original and sufficient copies of the petition, together with
any supporting documents, for the members of the board, the
administrative law judge, and the Attorney General.
(i) The board may delegate to its executive officer authority to
order investigation of the contents of the petition, but in no case,
may the hearing on the petition be delayed more than 180 days from
its filing without the consent of the petitioner.
(j) The petitioner may request that the board schedule the hearing
on the petition for a board meeting at a specific city where the
board regularly meets.
(k) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole, or the
petitioner is required to register pursuant to Section 290 of the
Penal Code. No petition shall be considered while there is an
accusation or petition to revoke probation pending against the
petitioner.
() Except in those cases where the petitioner has been disciplined
for violation of Section 822, the board may in its discretion deny
without hearing or argument any petition that is filed pursuant to
this section within a period of two years from the effective date of
a prior decision following a hearing under this section.
SEC. 43. SEC. 46. Section 4989.22 of
the Business and Professions Code is amended to read:
4989.22. (a) Only persons who satisfy the requirements of Section
4989.20 are eligible to take the licensure examination.
(b) An applicant who fails the written examination may, within one
year from the notification date of failure, retake the examination
as regularly scheduled without further application. Thereafter, the
applicant shall not be eligible for further examination until he or
she files a new application, meets all current requirements, and pays
all fees required.
(c) Notwithstanding any other provision of law, the board may
destroy all examination materials two years after the date of an
examination.
(d) The board shall not deny any applicant, whose application for
licensure is complete, admission to the standard written examination,
nor shall the board postpone or delay any applicant's standard
written examination or delay informing the candidate of the results
of the standard written examination, solely upon the receipt by the
board of a complaint alleging acts or conduct that would constitute
grounds to deny licensure.
(e) If an applicant for examination who has passed the standard
written examination is the subject of a complaint or is under board
investigation for acts or conduct that, if proven to be true, would
constitute grounds for the board to deny licensure, the board shall
permit the applicant to take the clinical vignette written
examination for licensure, but may withhold the results of the
examination or notify the applicant that licensure will not be
granted pending completion of the investigation.
(f) Notwithstanding Section 135, the board may deny any applicant
who has previously failed either the standard written or clinical
vignette written examination permission to retake either examination
pending completion of the investigation of any complaint against the
applicant. Nothing in this section shall prohibit the board from
denying an applicant admission to any examination, withholding the
results, or refusing to issue a license to any applicant when an
accusation or statement of issues has been filed against the
applicant pursuant to Section 11503 or 11504 of the Government Code,
or the applicant has been denied in accordance with subdivision (b)
of Section 485.
SEC. 44. SEC. 47. Section 4989.49 is
added to the Business and Professions Code, to read:
4989.49. "Advertising," as used in this chapter, includes, but is
not limited to, any public communication as defined in subdivision
(a) of Section 651, the issuance of any card, sign, or device to any
person, or the causing, permitting, or allowing of any sign or
marking on, or in, any building or structure, or in any newspaper,
magazine, or directory, or any printed matter whatsoever, with or
without any limiting qualification. Signs within religious buildings
or notices in bulletins from a religious organization mailed to a
congregation shall not be construed as advertising within the meaning
of this chapter.
SEC. 45. SEC. 48. Section 4989.54 of
the Business and Professions Code is amended to read:
4989.54. The board may deny a license or may suspend or revoke
the license of a licensee if he or she has been guilty of
unprofessional conduct. Unprofessional conduct includes, but is not
limited to, the following:
(a) Conviction of a crime substantially related to the
qualifications, functions and duties of an educational psychologist.
(1) The record of conviction shall be conclusive evidence only of
the fact that the conviction occurred.
(2) The board may inquire into the circumstances surrounding the
commission of the crime in order to fix the degree of discipline or
to determine if the conviction is substantially related to the
qualifications, functions, or duties of a licensee under this
chapter.
(3) A plea or verdict of guilty or a conviction following a plea
of nolo contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee under this chapter
shall be deemed to be a conviction within the meaning of this
section.
(4) The board may order a license suspended or revoked, or may
decline to issue a license when the time for appeal has elapsed, or
the judgment of conviction has been affirmed on appeal, or when an
order granting probation is made suspending the imposition of
sentence, irrespective of a subsequent order under Section 1203.4 of
the Penal Code allowing the person to withdraw a plea of guilty and
enter a plea of not guilty or setting aside the verdict of guilty or
dismissing the accusation, information, or indictment.
(b) Securing a license by fraud, deceit, or misrepresentation on
an application for licensure submitted to the board, whether engaged
in by an applicant for a license or by a licensee in support of an
application for licensure.
(c) Administering to himself or herself a controlled substance or
using any of the dangerous drugs specified in Section 4022 or an
alcoholic beverage to the extent, or in a manner, as to be dangerous
or injurious to himself or herself or to any other person or to the
public or to the extent that the use impairs his or her ability to
safely perform the functions authorized by the license. The board
shall deny an application for a license or revoke the license of any
person, other than one who is licensed as a physician and surgeon,
who uses or offers to use drugs in the course of performing
educational psychology.
(d) Failure to comply with the consent provisions in Section
2290.5.
(e) Advertising in a manner that is false, fraudulent, misleading,
or deceptive, as defined in Section 651.
(f) Violating, attempting to violate, or conspiring to violate any
of the provisions of this chapter or any regulation adopted by the
board.
(g) Commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee.
(h) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by another state or territory
or possession of the United States or by any other governmental
agency, on a license, certificate, or registration to practice
educational psychology or any other healing art. A certified copy of
the disciplinary action, decision, or judgment shall be conclusive
evidence of that action.
(i) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice as a clinical
social worker or marriage and family therapist.
(j) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
(k) Gross negligence or incompetence in the practice of
educational psychology.
() Misrepresentation as to the type or status of a license held by
the licensee or otherwise misrepresenting or permitting
misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
(m) Intentionally or recklessly causing physical or emotional harm
to any client.
(n) Engaging in sexual relations with a client or a former client
within two years following termination of professional services,
soliciting sexual relations with a client, or committing an act of
sexual abuse or sexual misconduct with a client or committing an act
punishable as a sexually related crime, if that act or solicitation
is substantially related to the qualifications, functions, or duties
of a licensed educational psychologist.
(o) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services or the basis upon which that fee will be
computed.
(p) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients.
(q) Failing to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client that is obtained from tests or
other means.
(r) Performing, holding himself or herself out as being able to
perform, or offering to perform any professional services beyond the
scope of the license authorized by this chapter or beyond his or her
field or fields of competence as established by his or her education,
training, or experience.
(s) Reproducing or describing in public, or in any publication
subject to general public distribution, any psychological test or
other assessment device the value of which depends in whole or in
part on the naivete of the subject in ways that might invalidate the
test or device. An educational psychologist shall limit access to the
test or device to persons with professional interests who can be
expected to safeguard its use.
(t) Aiding or abetting an unlicensed person to engage in conduct
requiring a license under this chapter.
(u) When employed by another person or agency, encouraging, either
orally or in writing, the employer's or agency's clientele to
utilize his or her private practice for further counseling without
the approval of the employing agency or administration.
(v) Failing to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
(w) Failing to comply with the elder and adult dependent abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
(x) Willful violation of Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code.
(y) (1) Engaging in an act described in Section 261, 286, 288a, or
289 of the Penal Code with a minor or an act described in Section
288 or 288.5 of the Penal Code regardless of whether the act occurred
prior to or after the time the registration or license was issued by
the board. An act described in this subdivision occurring prior to
the effective date of this subdivision shall constitute
unprofessional conduct and shall subject the licensee to refusal,
suspension, or revocation of a license under this section.
(2) The Legislature hereby finds and declares that protection of
the public, and in particular minors, from sexual misconduct by a
licensee is a compelling governmental interest, and that the ability
to suspend or revoke a license for sexual conduct with a minor
occurring prior to the effective date of this section is equally
important to protecting the public as is the ability to refuse a
license for sexual conduct with a minor occurring prior to the
effective date of this section.
(z) Engaging in any conduct that subverts or attempts to subvert
any licensing examination or the administration of the examination as
described in Section 123.
SEC. 46. SEC. 49. Section 4992.1 of
the Business and Professions Code is amended to read:
4992.1. (a) Only individuals who have the qualifications
prescribed by the board under this chapter are eligible to take the
examination.
(b) Every applicant who is issued a clinical social worker license
shall be examined by the board.
(c) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
(d) The board shall not deny any applicant, whose application for
licensure is complete, admission to the standard written examination,
nor shall the board postpone or delay any applicant's standard
written examination or delay informing the candidate of the results
of the standard written examination, solely upon the receipt by the
board of a complaint alleging acts or conduct that would constitute
grounds to deny licensure.
(e) If an applicant for examination who has passed the standard
written examination is the subject of a complaint or is under board
investigation for acts or conduct that, if proven to be true, would
constitute grounds for the board to deny licensure, the board shall
permit the applicant to take the clinical vignette written
examination for licensure, but may withhold the results of the
examination or notify the applicant that licensure will not be
granted pending completion of the investigation.
(f) Notwithstanding Section 135,
the board may deny any applicant who has previously failed either
the standard written or clinical vignette written examination
permission to retake either examination pending completion of the
investigation of any complaint against the applicant. Nothing in this
section shall prohibit the board from denying an applicant admission
to any examination, withholding the results, or refusing to issue a
license to any applicant when an accusation or statement of issues
has been filed against the applicant pursuant to Section 11503 or
11504 of the Government Code, or the applicant has been denied in
accordance with subdivision (b) of Section 485.
(g) On or after January 1, 2002, no applicant shall be eligible to
participate in a clinical vignette written examination if his or her
passing score on the standard written examination occurred more than
seven years before.
SEC. 47. SEC. 50. Section 4992.2 is
added to the Business and Professions Code, to read:
4992.2. "Advertising," as used in this chapter, includes, but is
not limited to, any public communication as defined in subdivision
(a) of Section 651, the issuance of any card, sign, or device to any
person, or the causing, permitting, or allowing of any sign or
marking on, or in, any building or structure, or in any newspaper,
magazine, or directory, or any printed matter whatsoever, with or
without any limiting qualification. Signs within religious buildings
or notices in bulletins from a religious organization mailed to a
congregation shall not be construed as advertising within the meaning
of this chapter.
SEC. 48. SEC. 51. Section 4992.3 of
the Business and Professions Code is amended to read:
4992.3. The board may deny a license or a registration, or may
suspend or revoke the license or registration of a licensee or
registrant if he or she has been guilty of unprofessional conduct.
Unprofessional conduct includes, but is not limited to, the
following:
(a) The conviction of a crime substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The board may
inquire into the circumstances surrounding the commission of the
crime in order to fix the degree of discipline or to determine if the
conviction is substantially related to the qualifications,
functions, or duties of a licensee or registrant under this chapter.
A plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter is a conviction within the meaning of this
section. The board may order any license or registration suspended or
revoked, or may decline to issue a license or registration when the
time for appeal has elapsed, or the judgment of conviction has been
affirmed on appeal, or, when an order granting probation is made
suspending the imposition of sentence, irrespective of a subsequent
order under Section 1203.4 of the Penal Code allowing the person to
withdraw a plea of guilty and enter a plea of not guilty, or setting
aside the verdict of guilty, or dismissing the accusation,
information, or indictment.
(b) Securing a license or registration by fraud, deceit, or
misrepresentation on any application for licensure or registration
submitted to the board, whether engaged in by an applicant for a
license or registration, or by a licensee in support of any
application for licensure or registration.
(c) Administering to himself or herself any controlled substance
or using any of the dangerous drugs specified in Section 4022 or any
alcoholic beverage to the extent, or in a manner, as to be dangerous
or injurious to the person applying for a registration or license or
holding a registration or license under this chapter, or to any other
person, or to the public, or, to the extent that the use impairs the
ability of the person applying for or holding a registration or
license to conduct with safety to the public the practice authorized
by the registration or license. The board shall deny an application
for a registration or license or revoke the license or registration
of any person who uses or offers to use drugs in the course of
performing clinical social work. This provision does not apply to any
person also licensed as a physician and surgeon under Chapter 5
(commencing with Section 2000) or the Osteopathic Act who lawfully
prescribes drugs to a patient under his or her care.
(d) Gross negligence or incompetence in the performance of
clinical social work.
(e) Violating, attempting to violate, or conspiring to violate
this chapter or any regulation adopted by the board.
(f) Misrepresentation as to the type or status of a license or
registration held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
For purposes of this subdivision, this misrepresentation includes,
but is not limited to, misrepresentation of the person's
qualifications as an adoption service provider pursuant to Section
8502 of the Family Code.
(g) Impersonation of another by any licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee, allowing any other person to use his or her license or
registration.
(h) Aiding or abetting any unlicensed or unregistered person to
engage in conduct for which a license or registration is required
under this chapter.
(i) Intentionally or recklessly causing physical or emotional harm
to any client.
(j) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
(k) Engaging in sexual relations with a client or with a former
client within two years from the termination date of therapy with the
client, soliciting sexual relations with a client, or committing an
act of sexual abuse, or sexual misconduct with a client, or
committing an act punishable as a sexually related crime, if that act
or solicitation is substantially related to the qualifications,
functions, or duties of a clinical social worker.
() Performing, or holding one's self out as being able to perform,
or offering to perform or permitting, any registered associate
clinical social worker or intern under supervision to perform any
professional services beyond the scope of the license authorized by
this chapter.
(m) Failure to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client that is obtained from tests or
other means.
(n) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
(o) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional counseling
services actually provided by the licensee. Nothing in this
subdivision shall prevent collaboration among two or more licensees
in a case or cases. However, no fee shall be charged for that
collaboration, except when disclosure of the fee has been made in
compliance with subdivision (n).
(p) Advertising in a manner that is false, fraudulent, misleading,
or deceptive, as defined in Section 651.
(q) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device.
(r) Any conduct in the supervision of any registered associate
clinical social worker, intern, or trainee by any licensee that
violates this chapter or any rules or regulations adopted by the
board.
(s) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
(t) Failure to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
(u) Failure to comply with the elder and dependent adult abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
(v) Willful violation of Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code.
(w) Failure to comply with Section 2290.5.
(x) (1) Engaging in an act described in Section 261, 286, 288a, or
289 of the Penal Code with a minor or an act described in Section
288 or 288.5 of the Penal Code regardless of whether the act occurred
prior to or after the time the registration or license was issued by
the board. An act described in this subdivision occurring prior to
the effective date of this subdivision shall constitute
unprofessional conduct and shall subject the licensee to refusal,
suspension, or revocation of a license under this section.
(2) The Legislature hereby finds and declares that protection of
the public, and in particular minors, from sexual misconduct by a
licensee is a compelling governmental interest, and that the ability
to suspend or revoke a license for sexual conduct with a minor
occurring prior to the effective date of this section is equally
important to protecting the public as is the ability to refuse a
license for sexual conduct with a minor occurring prior to the
effective date of this section.
(y) Engaging in any conduct that subverts or attempts to subvert
any licensing examination or the administration of the examination as
described in Section 123.
SEC. 49. SEC. 52. Section 4996.23 of
the Business and Professions Code is amended to read:
4996.23. The experience required by subdivision (c) of Section
4996.2 shall meet the following criteria:
(a) All persons registered with the board on and after January 1,
2002, shall have at least 3,200 hours of post-master's degree
supervised experience providing clinical social work services as
permitted by Section 4996.9. At least 1,700 hours shall be gained
under the supervision of a licensed clinical social worker. The
remaining required supervised experience may be gained under the
supervision of a licensed mental health professional acceptable to
the board as defined by a regulation adopted by the board. This
experience shall consist of the following:
(1) A minimum of 2,000 hours in clinical psychosocial diagnosis,
assessment, and treatment, including psychotherapy or counseling.
(2) A maximum of 1,200 hours in client-centered advocacy,
consultation, evaluation, and research.
(3) Of the 2,000 clinical hours required in paragraph (1), no less
than 750 hours shall be face-to-face individual or group
psychotherapy provided to clients in the context of clinical social
work services.
(4) A minimum of two years of supervised experience is required to
be obtained over a period of not less than 104 weeks and shall have
been gained within the six years immediately preceding the date on
which the application for licensure was filed.
(5) Experience shall not be credited for more than 40 hours in any
week.
(b) "Supervision" means responsibility for, and control of, the
quality of clinical social work services being provided. Consultation
or peer discussion shall not be considered to be supervision.
(c) (1) Prior to the commencement of supervision, a supervisor
shall comply with all requirements enumerated in Section 1870 of
Title 16 of the California Code of Regulations and shall sign under
penalty of perjury the "Responsibility Statement for Supervisors of
an Associate Clinical Social Worker" form.
(2) Supervised experience shall include at least one hour of
direct supervisor contact for a minimum of 104 weeks. For purposes of
this subdivision, "one hour of director supervisor contact" means
one hour per week of face-to-face contact on an individual basis or
two hours of face-to-face contact in a group conducted within the
same week as the hours claimed.
(3) An associate shall receive an average of at least one hour of
direct supervisor contact for every week in which more than 10 hours
of face-to-face psychotherapy is performed in each setting in which
experience is gained. No more than five hours of supervision, whether
individual or group, shall be credited during any single week.
(4) Group supervision shall be provided in a group of not more
than eight supervisees and shall be provided in segments lasting no
less than one continuous hour.
(5) An associate clinical social worker working in a governmental
entity, a school, college, or university, or an institution that is
both a nonprofit and charitable institution may be credited with up
to 30 hours of direct supervisor contact, via two-way, real-time
videoconferencing. The supervisor shall be responsible for ensuring
that client confidentiality is maintained.
(6) Of the 104 weeks of required supervision, 52 weeks shall be
individual supervision, and of the 52 weeks of required individual
supervision, not less than 13 weeks shall be supervised by a licensed
clinical social worker.
(d) The supervisor and the associate shall develop a supervisory
plan that describes the goals and objectives of supervision. These
goals shall include the ongoing assessment of strengths and
limitations and the assurance of practice in accordance with the laws
and regulations. The associate shall submit to the board the initial
original supervisory plan upon application for licensure.
(e) Experience shall only be gained in a setting that meets both
of the following:
(1) Lawfully and regularly provides clinical social work, mental
health counseling, or psychotherapy.
(2) Provides oversight to ensure that the associate's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as defined in Section 4996.9.
(f) Experience shall not be gained until the applicant has been
registered as an associate clinical social worker.
(g) Employment in a private practice as defined in subdivision (h)
shall not commence until the applicant has been registered as an
associate clinical social worker.
(h) A private practice setting is a setting that is owned by a
licensed clinical social worker, a licensed marriage and family
therapist, a licensed psychologist, a licensed physician and surgeon,
or a professional corporation of any of those licensed professions.
(i) If volunteering, the associate shall provide the board with a
letter from his or her employer verifying his or her voluntary status
upon application for licensure.
(j) If employed, the associate shall provide the board with copies
of his or her W-2 tax forms for each year of experience claimed upon
application for licensure.
(k) While an associate may be either a paid employee or volunteer,
employers are encouraged to provide fair remuneration to associates.
() An associate shall not do the following:
(1) Receive any remuneration from patients or clients and shall
only be paid by his or her employer.
(2) Have any proprietary interest in the employer's business.
(3) Lease or rent space, pay for furnishings, equipment, or
supplies, or in any other way pay for the obligations of his or her
employer.
(m) An associate, whether employed or volunteering, may obtain
supervision from a person not employed by the associate's employer if
that person has signed a written agreement with the employer to take
supervisory responsibility for the associate's social work services.
(n) Notwithstanding any other provision of law, associates and
applicants for examination shall receive a minimum of one hour of
supervision per week for each setting in which he or she is working.
SEC. 50. SEC. 53. Section 4996.24 is
added to the Business and Professions Code, to read:
4996.24. (a) A licensee in private practice who has satisfied the
requirements of Section 1870 of Title 16 of the California Code of
Regulations may supervise or employ, at any one time, no more than a
total of two individuals registered as either a marriage and family
therapist intern or associate clinical social worker in that private
practice.
(b) A licensed clinical social workers' corporation may employ, at
any one time, no more than a total of two individuals registered as
either a marriage and family therapist intern or associate clinical
social worker for each employee or shareholder who has satisfied the
requirements of Section 1870 of Title 16 of the California Code of
Regulations.
(c) In no event shall any corporation employ, at any one time,
more than a total of 10 individuals registered as either a marriage
and family therapist intern or associate clinical social worker. In
no event shall any supervisor supervise, at any one time, more than a
total of two individuals registered as either a marriage and family
therapist intern or associate clinical social worker. Persons who
supervise individuals registered as either a marriage and family
therapist intern or associate clinical social worker shall be
employed full time by the professional corporation and shall be
actively engaged in performing professional services at and for the
professional corporation. Employment and supervision within the
licensed clinical social workers' corporation shall be subject to all
laws and regulations governing experience and supervision gained in
a private practice setting.
SEC. 51. SEC. 54. Section 4996.28 of
the Business and Professions Code is amended to read:
4996.28. (a) Registration as an associate clinical social worker
shall expire one year from the last day of the month during which it
was issued. To renew a registration, the registrant shall, on or
before the expiration date of the registration, complete all of the
following actions:
(1) Apply for renewal on a form prescribed by the board.
(2) Pay a renewal fee prescribed by the board.
(3) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, and whether any
disciplinary action has been taken by a regulatory or licensing board
in this or any other state, subsequent to the last renewal of the
registration.
(b) A registration as an associate clinical social worker may be
renewed a maximum of five times. When no further renewals are
possible, an applicant may apply for and obtain a new associate
clinical social worker registration if the applicant meets all
requirements for registration in effect at the time of his or her
application for a new associate clinical social worker registration.
An applicant issued a subsequent associate registration pursuant to
this subdivision may be employed or volunteer in any allowable work
setting except private practice.
SEC. 52. SEC. 55. Section 4996.5 of
the Business and Professions Code is amended to read:
4996.5. The board shall issue a license to each applicant meeting
the requirements of this article, which license, so long as the
renewal fees have been paid, licenses the holder to engage in the
practice of clinical social work as defined in Section 4996.9,
entitles the holder to use the title of licensed clinical social
worker, and authorizes the holder to hold himself or herself out as
qualified to perform any of the functions delineated by this chapter.
The form and content of the license shall be determined by the
director in accordance with Section 164.
SEC. 53. SEC. 56. Section 4999.2 of
the Business and Professions Code, as amended by Section 48 of
Chapter 31 of the Statutes of 2008, is amended to read:
4999.2. (a) In order to obtain and maintain a registration,
in-state or out-of-state telephone medical advice services shall
comply with the requirements established by the department. Those
requirements shall include, but shall not be limited to, all of the
following:
(1) (A) Ensuring that all staff who provide medical advice
services are appropriately licensed, certified, or registered as a
physician and surgeon pursuant to Chapter 5 (commencing with Section
2000) or the Osteopathic Initiative Act, as a dentist, dental
hygienist, dental hygienist in alternative practice, or dental
hygienist in extended functions pursuant to Chapter 4 (commencing
with Section 1600), as an occupational therapist pursuant to Chapter
5.6 (commencing with Section 2570), as a registered nurse pursuant to
Chapter 6 (commencing with Section 2700), as a psychologist pursuant
to Chapter 6.6 (commencing with Section 2900), as a marriage and
family therapist pursuant to Chapter 13 (commencing with Section
4980), as a licensed clinical social worker pursuant to Chapter 14
(commencing with Section 4990.1), as an optometrist pursuant to
Chapter 7 (commencing with Section 3000), or as a chiropractor
pursuant to the Chiropractic Initiative Act, and operating consistent
with the laws governing their respective scopes of practice in the
state within which they provide telephone medical advice services,
except as provided in paragraph (2).
(B) Ensuring that all staff who provide telephone medical advice
services from an out-of-state location are health care professionals,
as identified in subparagraph (A), who are licensed, registered, or
certified in the state within which they are providing the telephone
medical advice services and are operating consistent with the laws
governing their respective scopes of practice.
(2) Ensuring that the telephone medical advice provided is
consistent with good professional practice.
(3) Maintaining records of telephone medical advice services,
including records of complaints, provided to patients in California
for a period of at least five years.
(4) Ensuring that no staff member uses a title or designation when
speaking to an enrollee or subscriber that may cause a reasonable
person to believe that the staff member is a licensed, certified, or
registered professional described in subparagraph (A) of paragraph
(1), unless the staff member is a licensed, certified, or registered
professional.
(5) Complying with all directions and requests for information
made by the department.
(b) To the extent permitted by Article VII of the California
Constitution, the department may contract with a private nonprofit
accrediting agency to evaluate the qualifications of applicants for
registration pursuant to this chapter and to make recommendations to
the department.
SEC. 54. SEC. 57. Section 123105 of
the Health and Safety Code is amended to read:
123105. As used in this chapter:
(a) "Health care provider" means any of the following:
(1) A health facility licensed pursuant to Chapter 2 (commencing
with Section 1250) of Division 2.
(2) A clinic licensed pursuant to Chapter 1 (commencing with
Section 1200) of Division 2.
(3) A home health agency licensed pursuant to Chapter 8
(commencing with Section 1725) of Division 2.
(4) A physician and surgeon licensed pursuant to Chapter 5
(commencing with Section 2000) of Division 2 of the Business and
Professions Code or pursuant to the Osteopathic Act.
(5) A podiatrist licensed pursuant to Article 22 (commencing with
Section 2460) of Chapter 5 of Division 2 of the Business and
Professions Code.
(6) A dentist licensed pursuant to Chapter 4 (commencing with
Section 1600) of Division 2 of the Business and Professions Code.
(7) A psychologist licensed pursuant to Chapter 6.6 (commencing
with Section 2900) of Division 2 of the Business and Professions
Code.
(8) An optometrist licensed pursuant to Chapter 7 (commencing with
Section 3000) of Division 2 of the Business and Professions Code.
(9) A chiropractor licensed pursuant to the Chiropractic
Initiative Act.
(10) A marriage and family therapist licensed pursuant to Chapter
13 (commencing with Section 4980) of Division 2 of the Business and
Professions Code.
(11) A clinical social worker licensed pursuant to Chapter 14
(commencing with Section 4990) of Division 2 of the Business and
Professions Code.
(12) A physical therapist licensed pursuant to Chapter 5.7
(commencing with Section 2600) of Division 2 of the Business and
Professions Code.
(13) An occupational therapist licensed pursuant to Chapter 5.6
(commencing with Section 2570).
(b) "Mental health records" means patient records, or discrete
portions thereof, specifically relating to evaluation or treatment of
a mental disorder. "Mental health records" includes, but is not
limited to, all alcohol and drug abuse records.
(c) "Patient" means a patient or former patient of a health care
provider.
(d) "Patient records" means records in any form or medium
maintained by, or in the custody or control of, a health care
provider relating to the health history, diagnosis, or condition of a
patient, or relating to treatment provided or proposed to be
provided to the patient. "Patient records" includes only records
pertaining to the patient requesting the records or whose
representative requests the records. "Patient records" does not
include information given in confidence to a health care provider by
a person other than another health care provider or the patient, and
that material may be removed from any records prior to inspection or
copying under Section 123110 or 123115. "Patient records" does not
include information contained in aggregate form, such as indices,
registers, or logs.
(e) "Patient's representative" or "representative" means any of
the following:
(1) A parent or guardian of a minor who is a patient.
(2) The guardian or conservator of the person of an adult patient.
(3) An agent as defined in Section 4607 of the Probate Code, to
the extent necessary for the agent to fulfill his or her duties as
set forth in Division 4.7 (commencing with Section 4600) of the
Probate Code.
(4) The beneficiary as defined in Section 24 of the Probate Code
or personal representative as defined in Section 58 of the Probate
Code, of a deceased patient.
(f) "Alcohol and drug abuse records" means patient records, or
discrete portions thereof, specifically relating to evaluation and
treatment of alcoholism or drug abuse.
SEC. 58. Section 3 of Chapter 294 of the Statutes
of 2004 is amended to read:
Sec. 3. The sum of
one hundred thirty-eight thousand dollars ($138,000) in the 2004-05
fiscal year, and the sum of two hundred sixty-four thousand dollars
($264,000) in the 2005-06 fiscal year and subsequent fiscal years, is
hereby appropriated from the State Dental Auxiliary
Hygiene Fund to the Committee on Dental
Auxiliaries Dental Hygiene Committee of California
for operating expenses necessary to manage the dental hygiene
licensing examination.
SEC. 55. SEC. 59. 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.
