Bill Text: CA SB887 | 2023-2024 | Regular Session | Introduced
Bill Title: Consumer affairs.
Spectrum: Committee Bill
Status: (Passed) 2023-10-08 - Chaptered by Secretary of State. Chapter 510, Statutes of 2023. [SB887 Detail]
Download: California-2023-SB887-Introduced.html
Introduced by Committee on Business, Professions and Economic Development (Senators Roth (Chair), Alvarado-Gil, Archuleta, Ashby, Becker, Dodd, Eggman, Glazer, Nguyen, Niello, Smallwood-Cuevas, Wahab, and Wilk) |
March 14, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2530.3 of the Business and Professions Code is amended to read:2530.3.
(a) A person representsSEC. 2.
Section 2532 of the Business and Professions Code is amended to read:2532.
No person shall engage in the practice of speech-language pathology or audiology or representSEC. 3.
Section 2532.5 of the Business and Professions Code is amended to read:2532.5.
Every person holding a license under this chapter shall display it conspicuously inSEC. 4.
Section 2535.4 of the Business and Professions Code is amended to read:2535.4.
A person who fails to renewSEC. 5.
Section 2537.3 of the Business and Professions Code is amended to read:2537.3.
The income of a speech-language pathology corporation or an audiology corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined in Section 13401 of the Corporations Code, shall not in any manner accrue to the benefit of that shareholder orSEC. 6.
Section 2538.20 of the Business and Professions Code is amended to read:2538.20.
It is unlawful for an individual to engage in the practice of fitting or selling hearing aids, or to display a sign or in any other way to advertise or holdSEC. 7.
Section 2538.21 of the Business and Professions Code is amended to read:2538.21.
This article does not apply to a person engaged in the practice of fitting hearing aids ifSEC. 8.
Section 2538.27 of the Business and Professions Code is amended to read:2538.27.
(a) An applicant who has fulfilled the requirements of Section 2538.24 and has made application therefor, may have a temporary license issued toSEC. 9.
Section 2538.28 of the Business and Professions Code is amended to read:2538.28.
(a) An applicant who has fulfilled the requirements of Section 2538.24, and has made application therefor, and who proves to the satisfaction of the board thatSEC. 10.
Section 2538.30 of the Business and Professions Code is amended to read:2538.30.
(a) A temporary or trainee licensee shall not be the sole proprietor of, manage, or independently operate a businessSEC. 11.
Section 2538.32 of the Business and Professions Code is amended to read:2538.32.
Every applicant who obtains a passing score determined by the Angoff criterion-referenced method of establishing the point in each examination shall be deemed to have passed that examination. An applicant shall pass the written examination beforeSEC. 12.
Section 2538.33 of the Business and Professions Code is amended to read:2538.33.
(a) Before engaging in the practice of fitting or selling hearing aids, each licensee shall notify the board in writing of the address or addresses whereSEC. 13.
Section 2538.34 of the Business and Professions Code is amended to read:2538.34.
(a) Every licensee who engages in the practice of fitting or selling hearing aids shall have and maintain an established retail business address to engage in that fitting or selling, routinely open for service to customers or clients. The address of the licensee’s place of business shall be registered with the board as provided in Section 2538.33.SEC. 14.
Section 2538.36 of the Business and Professions Code is amended to read:2538.36.
(a) Whenever any of the following conditions are found toSEC. 15.
Section 2538.40 of the Business and Professions Code is amended to read:2538.40.
(a) Upon denial of an application for license, the board shall notify the applicant inSEC. 16.
Section 2538.49 of the Business and Professions Code is amended to read:2538.49.
It is unlawful for a licensed hearing aid dispenser to fit or sell a hearing aid unlessSEC. 17.
Section 2538.50 of the Business and Professions Code is amended to read:2538.50.
It is unlawful to advertise by displaying a sign or otherwise or holdSEC. 18.
Section 2538.51 of the Business and Professions Code is amended to read:2538.51.
It is unlawful to engage in the practice of fitting or selling hearing aids without the licensee having and maintaining an established business address, routinely open for service toSEC. 19.
Section 2538.56 of the Business and Professions Code is amended to read:2538.56.
A license that is not renewed within three years after its expiration may not be renewed, restored, reissued, or reinstated thereafter, but the holder of the expired license may apply for and obtain a new license if all of the following apply:SEC. 20.
Section 2539.1 of the Business and Professions Code is amended to read:2539.1.
(a) (1) On and after January 1, 2010, in addition to satisfying the licensure and examination requirements described in Sections 2532, 2532.2, and 2532.25, no licensed audiologist shall sell hearing aids unless they complete an application for a dispensing audiology license,SEC. 21.
Section 2539.6 of the Business and Professions Code is amended to read:2539.6.
(a) Whenever any of the following conditions are found to exist either from observations by the licensed audiologist or on the basis of information furnished by the prospective hearing aid user, a licensed audiologist shall, prior to fitting or selling a hearing aid to any individual, suggest to that individual in writing thatSEC. 22.
Section 2710 of the Business and Professions Code is amended to read:2710.
(a) Special meetings may be held at such times as the board may elect, or on the call of the president of the board, or of not less than three members thereof.A
SEC. 23.
Section 2728 of the Business and Professions Code is amended to read:2728.
If adequate medical and nursing supervision by a professional nurse or nurses is provided, nursing service may be given by attendants, psychiatric technicians, or psychiatric technician interim permittees in institutions under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services or subject to visitation by the State Department of Public Health or the Department of Corrections and Rehabilitation. ServicesSEC. 24.
Section 2732 of the Business and Professions Code is amended to read:2732.
No person shall engage in the practice of nursing, as defined in Section 2725, without holding a licenseSEC. 25.
Section 2732.1 of the Business and Professions Code is amended to read:2732.1.
(a) An applicant for license by examination shall submit a written application in the form prescribed by the board.SEC. 26.
Section 2733 of the Business and Professions Code is amended to read:2733.
(a) (1) (A) Upon approval of an application filed pursuant to subdivision (b) of Section 2732.1, and upon the payment of the fee prescribed by subdivision (k) of Section 2815, the board may issue a temporary license to practice professional nursing, and a temporary certificate to practice as a certified public health nurse for a period of six months from the date of issuance.SEC. 27.
Section 2734 of the Business and Professions Code is amended to read:2734.
Upon application in writing to the board and payment of the biennial renewal fee, a licensee may haveSEC. 28.
Section 2736 of the Business and Professions Code is amended to read:2736.
(a) An applicant for licensure as a registered nurse shall comply with each of the following:SEC. 29.
Section 2738 of the Business and Professions Code is repealed.The board shall hold not less than two examinations each year at such times and places as the board may determine.
SEC. 30.
Section 2746.8 of the Business and Professions Code is amended to read:2746.8.
(a) Each certificate issued pursuant to this article shall be renewable biennially, and each person holding a certificate under this article shall apply for a renewal ofEach such
SEC. 31.
Section 2759 of the Business and Professions Code is amended to read:2759.
The board shall discipline the holder of any license, whose default has been entered or who has been heard by the board and found guilty, by any of the following methods:SEC. 32.
Section 2760 of the Business and Professions Code is amended to read:2760.
(a) If the holder of a license is suspended,Upon
SEC. 33.
Section 2761 of the Business and Professions Code is amended to read:2761.
(a) The board may take disciplinary action against a certified or licensed nurse or deny an application for a certificate or license for any of the following:(a)
(1)Incompetence,
(2)
(3)
(4)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
The
SEC. 34.
Section 2762 of the Business and Professions Code is amended to read:2762.
In addition to other acts constituting unprofessional conduct within the meaning of thisSEC. 35.
Section 2765 of the Business and Professions Code is amended to read:2765.
A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions and duties of a registered nurse is deemed to be a conviction within the meaning of this article. The board may order the license or certificate suspended or revoked, or may decline to issue a license or certificate, 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 the provisions of Section 1203.4 of the Penal Code allowingSEC. 36.
Section 2770.11 of the Business and Professions Code is amended to read:2770.11.
(a) Each registered nurse who requests participation in an intervention program shall agree to cooperate with the rehabilitation program designed by the committee and approved by the program manager. Any failure to comply with a rehabilitation program may result in termination of the registered nurse’s participation in a program. The name and license number of a registered nurse who is terminated for any reason, other than successful completion, shall be reported to the board’s enforcement program.SEC. 37.
Section 2770.7 of the Business and Professions Code is amended to read:2770.7.
(a) The board shall establish criteria for the acceptance, denial, or termination of registered nurses in the intervention program. Only those registered nurses who have voluntarily requested to participate in the intervention program shall participate in the program.SEC. 38.
Section 2780 of the Business and Professions Code is amended to read:2780.
The income of a nursing corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined in Section 13401 of the Corporations Code, shall not in any manner accrue to the benefit ofSEC. 39.
Section 2785.6 of the Business and Professions Code is amended to read:2785.6.
There is created within the jurisdiction of the board a Nursing Education and Workforce Advisory Committee, which shall solicit input from approved nursing programs and members of the nursing and health care professions to study and recommend nursing education standards and solutions to workforce issues to the board.SEC. 40.
Section 2800 of the Business and Professions Code is amended to read:2800.
None of the sections in this article, except Sections 2796 and 2797, shall be applicable to any person or persons specifically exempted from the general provisions of this act by Section 2731 hereof, or to schools conducted by anySEC. 41.
Section 2811 of the Business and Professions Code is amended to read:2811.
(a) Each person holding a regular renewable license under this chapter, whether in an active or inactive status, shall apply for a renewal ofSEC. 42.
Section 2816 of the Business and Professions Code is amended to read:2816.
The nonrefundable fee to be paid by a registered nurse for an evaluation ofSEC. 43.
Section 2826 of the Business and Professions Code is amended to read:2826.
As used in this article:SEC. 44.
Section 2828 of the Business and Professions Code is amended to read:2828.
In an acute care facility, a nurse anesthetist who is not an employee of the facility shall, nonetheless, be subject to the bylaws of the facility and may be required by the facility to provide proof of current professional liability insurance coverage. Notwithstanding any other provision of law, a nurse anesthetist shall be responsible forSEC. 45.
Section 2830.6 of the Business and Professions Code is amended to read:2830.6.
Notwithstanding Section 2830, the board shall certify all applicants who can show certification by theSEC. 46.
Section 2833 of the Business and Professions Code is amended to read:2833.
(a) Each certificate issued pursuant to this article shall be renewable biennially, and each person holding a certificate under this article shall apply for a renewal ofEach
SEC. 47.
Section 2836 of the Business and Professions Code is amended to read:2836.
(a) The board shall establish categories of nurse practitioners and standards for nurses to hold themselves out as nurse practitioners in each category.SEC. 48.
Section 2838.1 of the Business and Professions Code is amended to read:2838.1.
(a) On and after July 1, 1998, any registered nurse who holdsSEC. 49.
Section 2838.2 of the Business and Professions Code is amended to read:2838.2.
(a) A clinical nurse specialist is a registered nurse with advanced education, who participates in expert clinical practice, education, research, consultation, and clinical leadership as the major components ofSEC. 50.
Section 2915.4 of the Business and Professions Code is amended to read:2915.4.
(a) Effective January 1, 2020, an applicant for licensure as a psychologist shall show, as part of the application, thatSEC. 51.
Section 2915.5 of the Business and Professions Code is amended to read:2915.5.
(a) Any applicant for licensure as a psychologist as a condition of licensure, a minimum of six contact hours of coursework or applied experience in aging and long-term care, which may include, but need not be limited to, the biological, social, and psychological aspects of aging. This coursework shall include instruction on the assessment and reporting of, as well as treatment related to, elder and dependent adult abuse and neglect.SEC. 52.
Section 4846 of the Business and Professions Code is amended to read:4846.
(a) In order to obtain a license to practice veterinary medicine in California, an individual shall meet the following requirements:SEC. 53.
Section 4861 of the Business and Professions Code is amended to read:4861.
(a) One or more wellness evaluation committees is hereby authorized to be established by the board. Each wellness evaluation committee shall be composed of five persons appointed by the board. The board, in making its appointments, shall give consideration to recommendations of state and local associations and shall consider, among others, where appropriate, the appointment of individuals who have recovered from impairment or who have knowledge and expertise in the management of impairment.(1)Three veterinarians licensed under this chapter. The board in making its appointments shall give consideration to recommendations of veterinary associations and local veterinary societies and shall consider, among others, where appropriate, the appointment of veterinarians who have recovered from impairment or who have knowledge and expertise in the management of impairment.
(2)Two public members.
SEC. 54.
Section 4875.3 of the Business and Professions Code is amended to read:4875.3.
(b)A veterinarian who reviews and investigates an alleged violation pursuant to Section 4875.2 shall be licensed in or employed by the state either full time or part time and shall not have been out of practice for more than four years.
SEC. 55.
Section 4989.14 of the Business and Professions Code is amended to read:4989.14.
(a) The practice of educational psychology is the performance of any of the following professional functions pertaining to academic learning processes or the educational system or both:SEC. 56.
Section 4990.11 is added to the Business and Professions Code, to read:4990.11.
For purposes of license and registration verification, a person may rely upon the licensing and registration information as it is displayed on the board’s internet website that includes the issuance and expiration dates of any license or registration issued by the board.SEC. 57.
Section 5017.1 of the Business and Professions Code is amended to read:5017.1.
The board shall post, within 10 days of board approval, the finalized minutes from meetings of the board that are open and public pursuant to Section 5017 on the board’sSEC. 58.
Section 5017.5 of the Business and Professions Code is amended to read:5017.5.
(a) The board shall provide a live audio or video broadcast, on itsSEC. 59.
Section 5022 of the Business and Professions Code is amended to read:5022.
The qualifications committee shall make recommendations and forward its report to the board for action on any matter on which it is authorized to act. An applicant for registration as a certified public accountant who is aggrieved by any action taken by the committee with respect toSEC. 60.
Section 5028 of the Business and Professions Code is amended to read:5028.
The board may, in accordance with the intent of this article, make exceptions from continuing education requirements for licensees not engaged in public practice, or for reasons of health, military service, or other goodSEC. 61.
Section 5029 of the Business and Professions Code is repealed.The board may establish an advisory continuing education committee of nine members, six of whom shall be certified public accountants, two of whom shall be board members, one of whom is a public member of the board, and one of whom shall be a public accountant, to perform any of the following duties:
(a)To evaluate programs and advise the board as to whether they qualify under the regulations adopted by the board pursuant to subdivision (f) of Section 5027. Educational courses offered by professional accounting societies shall be accepted by the board as qualifying if the courses are approved by the committee as meeting the requirements of the board under the regulations.
(b)To consider applications for exceptions as permitted under Section 5028 and provide a recommendation to the board.
(c)To consider other advisory matters relating to the requirements of this article as the board may assign to the committee.
SEC. 62.
Section 5037 of the Business and Professions Code is amended to read:5037.
(a) All statements, records, schedules, working papers and memoranda made by a licensee or a partner, shareholder, officer, director, or employee of a licensee, incident to, or in the course of, rendering services to a client in the practice of public accountancy, except the reports submitted by the licensee to the client and except for recordsSEC. 63.
Section 5051 of the Business and Professions Code is amended to read:5051.
Except as provided in Sections 5052 and 5053, a person shall be deemed to be engaged in the practice of public accountancy within the meaning and intent of this chapter ifSEC. 64.
Section 5053 of the Business and Professions Code is amended to read:5053.
Nothing contained in this chapter precludes a person who is not a certified public accountant or public accountant from serving as an employee of, or an assistant to, a certified public accountant or public accountant or partnership or a corporation composed of certified public accountants or public accountants holding a permit to practice pursuant to this chapter if the employee or assistant works under the control and supervision of a certified public accountant, or a public accountant authorized to practice public accountancy pursuant to this chapter and if the employee or assistant does not issue any statement overSEC. 65.
Section 5057 of the Business and Professions Code is amended to read:5057.
Notwithstanding any other provision of law, an individual holding a valid and current license, certificate, or permit to practice public accountancy from another state shall be exempt from the requirement to obtain a permit to practice public accountancy issued by the board under this chapter or to secure a practice privilege pursuant to Article 5.1 (commencing with Section 5096) if all of the following conditions are satisfied:SEC. 66.
Section 5058.2 of the Business and Professions Code is amended to read:5058.2.
The holder of an inactive license issued by the board pursuant to Section 462, when lawfully using the title “certified public accountant,” the CPA designation, or any other reference that would suggest that the person is licensed by the board on materials such as correspondence,SEC. 67.
Section 5058.3 of the Business and Professions Code is amended to read:5058.3.
The holder of a retired license issued by the board pursuant to Section 5070.1, when lawfully using the title “certified public accountant,” the CPA designation, or any other reference that would suggest that the person is licensed by the board on materials such as correspondence,SEC. 68.
Section 5058.4 of the Business and Professions Code is amended to read:5058.4.
The holder of a permit in a military inactive status issued by the board pursuant to Section 5070.2, when lawfully using the title “certified public accountant,” the CPA designation, or any other reference that would suggest that the person is licensed by the board, on materials such as correspondence,SEC. 69.
Section 5060 of the Business and Professions Code is amended to read:5060.
(a) No person or firm may practice public accountancy under any name which is false or misleading.SEC. 70.
Section 5063.3 of the Business and Professions Code is amended to read:5063.3.
(a) No confidential information obtained by a licensee, inSEC. 71.
Section 5070.7 of the Business and Professions Code is amended to read:5070.7.
(a) A permit that is not renewed within five years following its expiration may not be renewed, restored, or reinstated thereafter, and the certificate of the holder of the permit shall be canceled immediately upon expiration of the five-year period, except as provided in subdivision (e).SEC. 72.
Section 5076 of the Business and Professions Code is amended to read:5076.
(a) In order to renew its registration in an active status or convert to an active status, a firm, as defined in Section 5035.1, shall have a peer review report of its accounting and auditing practice accepted by a board-recognized peer review program no less frequently than every three years.SEC. 73.
Section 5082.4 of the Business and Professions Code is amended to read:5082.4.
A Canadian Chartered Accountant in good standing may be deemed by the board to have met the examination requirements of Section 5082, 5092, or 5093 ifSEC. 74.
Section 5092.1 of the Business and Professions Code is repealed.Notwithstanding subdivision (a) of Section 5093, an applicant who has successfully completed the examination requirement specified in Section 5082 on or before December 31, 2013, may qualify for the issuance of a certified public accountant license until January 1, 2016, if he or she has met all remaining requirements specified in Section 5092 as they existed on December 31, 2013.
SEC. 75.
Section 5094 of the Business and Professions Code is amended to read:5094.
(a) In order for education to be qualifying, it shall meet the standards described in subdivision (b) or (c) of this section.SEC. 76.
Section 5096.20 of the Business and Professions Code is amended to read:5096.20.
(a) To ensure that Californians are protected from out-of-state licensees with disqualifying conditions who may unlawfully attempt to practice in this state under a practice privilege, prior to July 1, 2013, the board shall add an out-of-state licensee feature to its license lookup tab of the home page of itsSEC. 77.
Section 5096.21 of the Business and Professions Code is amended to read:5096.21.
(a) (1) On and after January 1, 2016, if the board determines, through a majority vote of the board at a regularly scheduled meeting, that allowing individuals from a particular state to practice in this state pursuant to a practice privilege as described in Section 5096, violates the board’s duty to protect the public, pursuant to Section 5000.1, the board shall require out-of-state individuals licensed from that state, as a condition to exercising a practice privilege in this state, to file the notification form and pay the applicable fees as required by Section 5096.22.SEC. 78.
Section 5103.5 of the Business and Professions Code is amended to read:5103.5.
(a) The board shall post on itsSEC. 79.
Section 5104 of the Business and Professions Code is amended to read:5104.
Any certified public accountant or public accountant whose certificate, registration, or permit has been revoked or suspendedSEC. 80.
Section 5107 of the Business and Professions Code is amended to read:5107.
(a) The executive officer of the board may request the administrative law judge, as part of the proposed decision in a disciplinary proceeding, to direct any holder of a permit or certificate found to have committed a violation or violations of this chapter to pay to the board all reasonable costs of investigation and prosecution of the case, including, but not limited to, attorney’s fees. The board shall not recover costs incurred at the administrative hearing.SEC. 81.
Section 5121 of the Business and Professions Code is amended to read:5121.
The display or uttering by a person of a card, sign, advertisement or other printed, engraved or written instrument or device, bearing a person’s name in conjunction with the words “certified public accountant” or any abbreviation thereof or the words “public accountant” or any abbreviation thereof shall be prima facie evidence in any prosecution, proceeding or hearing brought under this article that the person whose name is so displayed caused or procured the display or uttering of such card, sign, advertisement or other printed, engraved or written instrument or device. Any such display or uttering shall be prima facie evidence that the person whose name is so displayed holdsSEC. 82.
Section 5134 of the Business and Professions Code is amended to read:5134.
The amount of fees prescribed by this chapter is as follows:(k)(1)The annual fee to be charged an individual for a practice privilege pursuant to Section 5096 with an authorization to sign attest reports shall be fixed by the board at an amount not to exceed one hundred twenty-five dollars ($125).
(2)The annual fee to be charged an individual for a practice privilege pursuant to Section 5096 without an authorization to sign attest reports shall be fixed by the board at an amount not to exceed 80 percent of the fee authorized under paragraph (1).
(l)
(m)
(n)