Bill Text: CA SB999 | 2009-2010 | Regular Session | Introduced

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

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Bill Title: Occupational therapy.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-08-23 - Chaptered by Secretary of State. Chapter 173, Statutes of 2010. [SB999 Detail]

Download: California-2009-SB999-Introduced.html

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BILL NUMBER: SB 999	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Walters

                        FEBRUARY 9, 2010

   An act to amend Section 2570.19 of the Business and Professions
Code, relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 999, as introduced, Walters. Occupational therapy.
   Existing law provides for the licensure and regulation of
occupational therapists by the California Board of Occupational
Therapy, which consists of seven members, including 3 public members.
Existing law prohibits the public members from being licensees of
the board, the State Board of Chiropractic Examiners, or the
Osteopathic Medical Board of California.
   This bill would also prohibit the public members from being
licensees of any other healing arts board and would delete certain
obsolete language.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 2570.19 of the Business and Professions Code is
amended to read:
   2570.19.  (a) There is hereby created a California Board of
Occupational Therapy, hereafter referred to as the board. The board
shall enforce and administer this chapter.
   (b) The members of the board shall consist of the following:
   (1) Three occupational therapists who shall have practiced
occupational therapy for five years.
   (2) One occupational therapy assistant who shall have assisted in
the practice of occupational therapy for five years.
   (3) Three public members who shall not be licentiates of the board
 ,   of any other board under this division,  or
of any board referred to in Section 1000 or 3600.
   (c) The Governor shall appoint the three occupational therapists
and one occupational therapy assistant to be members of the board.
The Governor, the Senate  Rules Committee  
Committee on Rules  , and the Speaker of the Assembly shall each
appoint a public member. Not more than one member of the board shall
be appointed from the full-time faculty of any university, college,
or other educational institution.
   (d) All members shall be residents of California at the time of
their appointment. The occupational therapist and occupational
therapy assistant members shall have been engaged in rendering
occupational therapy services to the public, teaching, or research in
occupational therapy for at least five years preceding their
appointments.
   (e) The public members may not be or have ever been occupational
therapists or occupational therapy assistants or in training to
become occupational therapists or occupational therapy assistants.
The public members may not be related to, or have a household member
who is, an occupational therapist or an occupational therapy
assistant, and may not have had, within two years of the appointment,
a substantial financial interest in a person regulated by the board.

   (f) The Governor shall appoint two board members for a term of one
year, two board members for a term of two years, and one board
member for a term of three years. Appointments made thereafter shall
be for four-year terms, but no person shall be appointed to serve
more than two consecutive terms. Terms shall begin on the first day
of the calendar year and end on the last day of the calendar year or
until successors are appointed, except for the first appointed
members who shall serve through the last calendar day of the year in
which they are appointed, before commencing the terms prescribed by
this section. Vacancies shall be filled by appointment for the
unexpired term. The board shall annually elect one of its members as
president.
   (g) The board shall meet and hold at least one regular meeting
annually in the Cities of Sacramento, Los Angeles, and San Francisco.
The board may convene from time to time until its business is
concluded. Special meetings of the board may be held at any time and
place designated by the board.
   (h) Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
   (i) Members of the board shall receive no compensation for their
services, but shall be entitled to reasonable travel and other
expenses incurred in the execution of their powers and duties in
accordance with Section 103.
   (j) The appointing power shall have the power to remove any member
of the board from office for neglect of any duty imposed by state
law, for incompetency, or for unprofessional or dishonorable conduct.

   (k) A loan is hereby authorized from the General Fund to the
Occupational Therapy Fund on or after July 1, 2000, in an amount of
up to one million dollars ($1,000,000) to fund operating, personnel,
and other startup costs of the board. Six hundred ten thousand
dollars ($610,000) of this loan amount is hereby appropriated to the
board to use in the 2000-01 fiscal year for the purposes described in
this subdivision. In subsequent years, funds from the Occupational
Therapy Fund shall be available to the board upon appropriation by
the Legislature in the annual Budget Act. The loan shall be repaid to
the General Fund over a period of up to five years, and the amount
paid shall also include interest at the rate accruing to moneys in
the Pooled Money Investment Account. The loan amount and repayment
period shall be minimized to the extent possible based upon actual
board financing requirements as determined by the Department of
Finance.  
   (  l  )
    (k) This section shall become inoperative on July 1,
2013, and, as of January 1, 2014, is repealed, unless a later enacted
statute that is enacted before January 1, 2014, deletes or extends
the dates on which it becomes inoperative and is repealed. The repeal
of this section renders the board subject to the review required by
Division 1.2 (commencing with Section 473).