California Senate Bill SB1111 Latest Draft

 BILL NUMBER: SB 1111AMENDED BILL TEXT AMENDED IN SENATE APRIL 12, 2010 INTRODUCED BY Senator Negrete McLeod FEBRUARY 17, 2010 An act to amend Sections 27, 116, 125.9, 155, 159.5, 160, 726, 802.1  ,  803, 803.5, 803.6,  and   1005, and  2715 of, to amend and repeal Section 125.3 of, to add Sections  27.5,  125.4, 734, 735, 736, 737,  802.2,  803.7,  1006, 1007,  1699.2, 2372,  2815.6,  2669.2, 2770.18, 3534.12, 4375, and 4873.2 to, to add Article 10.1 (commencing with Section 720)  , Article 15 (commencing with Section 870),  and Article 16 (commencing with Section 880) to Chapter 1 of Division 2 of, and to repeal Article 4.7 (commencing with Section 1695) of Chapter 4 of, Article 15 (commencing with Section 2360) of Chapter 5 of, Article 5.5 (commencing with Section 2662) of Chapter 5.7 of, Article 3.1 (commencing with Section 2770) of Chapter 6 of, Article 6.5 (commencing with Section 3534) of Chapter 7.7 of, Article 21 (commencing with Section 4360) of Chapter 9 of, and Article 3.5 (commencing with Section 4860) of Chapter 11 of Division 2 of, the Business and Professions Code, to  amend Sections 12529, 12529.5, 12529.6, and 12529.7 of   add Section 12529.8 to  the Government Code, and to amend Section 830.3 of the Penal Code, relating to regulatory boards, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 1111, as amended, Negrete McLeod. Regulatory boards. Existing law provides for the regulation of healing arts licensees by various boards within the Department of Consumer Affairs. The department is under the control of the Director of Consumer Affairs.  Existing law, the Chiropractic Act, enacted by initiative, provides for the licensure and regulation of chiropractors by the State Board of Chiropractic Examiners.  (1) Existing law requires certain boards within the department to disclose on the Internet information on their respective licensees. This bill would additionally require specified healing arts boards  and the State Board of Chiropractic Examiners  to disclose on the Internet information on their respective licensees, as specified. The bill would also declare the intent of the Legislature that the department establish an information technology system to create and update healing arts license information and track enforcement cases pertaining to these licensees. Existing law authorizes the director to audit and review, among other things, inquiries and complaints regarding licensees, dismissals of disciplinary cases, and discipline short of formal accusation by the Medical Board of California and the California Board of Podiatric Medicine. This bill would additionally authorize the director or his or her designee to audit and review the aforementioned activities by any of the healing arts boards. Existing law authorizes an administrative law judge to order a licentiate in a disciplinary proceeding to pay, upon request of the licensing authority, a sum not to exceed the reasonable costs of the investigation and enforcement of the case. This bill would instead authorize any entity within the department  , the State Board of Chiropractic Examiners,  or the administrative law judge to order a licensee or applicant in any penalty or disciplinary hearing to pay a sum not to exceed the  actual   reasonable  costs of the investigation, prosecution, and enforcement of the case  , in full,  within 30 days of the effective date of an order to pay costs  , unless subject to an agreed upon payment plan  . The bill would also authorize any entity within the department to request that the administrative law judge charge a licensee on probation the costs of the monitoring of his or her probation, and would prohibit relicensure if those costs are not paid. The bill would authorize any board within the department  and the State Board of Chiropractic Examiners  to contract with a collection agency for the purpose of collecting outstanding fees, fines, or cost recovery amounts,  upon a final decision,  and would authorize the release of personal information, including the birth date, telephone number, and social security number of the person who owes that money to the board. Existing law provides for the regulation of citation or administrative fine assessments issued pursuant to a citation. Hearings to contest citations or administrative fine assessments are conducted pursuant to a formal adjudication process. This bill would authorize  a  healing arts boards   board  to proceed pursuant to an alternative adjudication process, as specified  , provided the board has adopted specified regulations  . Existing law requires a physician and surgeon, osteopathic physician and surgeon, and a doctor of podiatric medicine to report to his or her respective board when there is an indictment or information charging a felony against the licensee or he or she has been convicted of a felony or misdemeanor. This bill would expand that requirement to a licensee of any healing arts board, as specified, would require those licensees to submit a written report,  and would further require a report upon the arrest of the licensee or when disciplinary action is taken against a licensee by another healing arts board or by a healing arts board of another state  or an agency of the federal government. The bill would also require a licensee who is arrested or charged with a misdemeanor or felony to inform law enforcement and the court that he or she is a licensee of a healing arts board  . Existing law requires the district attorney, city attorney, and other prosecuting agencies to notify the Medical Board of California, the Osteopathic Medical Board of California, the California Board of Podiatric Medicine, the State Board of Chiropractic Examiners, and other allied health boards and the court clerk if felony charges have been filed against one of the board's licensees. Existing law also requires, within 10 days after a court judgment, the clerk of the court to report to the appropriate board when a licentiate has committed a crime or is liable for any death or personal injury resulting in a specified judgment. Existing law also requires the clerk of the court to transmit to certain boards specified felony preliminary transcript hearings concerning a defendant licentiate. This bill would instead make those provisions applicable to any described healing arts board. By imposing additional duties on these local agencies, the bill would impose a state-mandated local program. (2) Under existing law, healing arts licensees are regulated by various healing arts boards and these boards are authorized to issue, deny, suspend, and revoke licenses based on various grounds and to take disciplinary action against a licensee for the failure to comply with their laws and regulations. Existing law requires or authorizes a healing arts board to appoint an executive officer or an executive director to, among other things, perform duties delegated by the board.  Under existing law, the State Board of Chiropractic Examiners has the authority to issue, suspend, revoke a license to practice chiropractic, and to place a licensee on probation for various violations. Existing law requires the State Board of Chiropractic Examiners to employ an executive officer to carryout certain duties.  This bill would authorize  the   a healing arts board to delegate to its  executive officer or the executive director  of specified healing arts licensing boards  , where an administrative action has been filed by the board to revoke the license of a licensee and the licensee has failed to file a notice of defense, appear at the hearing, or has agreed to  the revocation or  surrender  of  his or her license, to adopt a proposed default decision or a proposed settlement agreement. The bill would also authorize a healing arts board to enter into a settlement with a licensee or applicant  prior to   in lieu of  the issuance of an accusation or statement of issues against the licensee or applicant. Upon receipt of evidence that a licensee of a healing arts board has engaged in conduct that poses an imminent risk of harm to the public health, safety, or welfare,  or has failed to comply with a request to inspect or copy records,  the bill would authorize the executive officer of the healing arts board to petition the director or his or her designee to issue a temporary order that the licensee cease all practice and activities under his or her license. The bill would require the executive officer to provide notice to the licensee of the hearing at least  one hour   5 business days  prior to the hearing and would provide a mechanism for the presentation of evidence and oral or written arguments. The bill would allow for the permanent revocation of the license  if the director makes a determination that the action is necessary to protect   upon a preponderance of the evidence that an imminent risk to  the public health, safety, or welfare  exists  . The bill would also provide that the license of a licensee shall be suspended if the licensee is incarcerated after the conviction of a felony and would require the board to notify the licensee of the suspension and of his or her right to a specified hearing. The bill would specify that no hearing is required, however, if the conviction was for a violation of federal law or state law for the use of dangerous drugs or controlled substances or specified sex offenses; a violation for the use of dangerous drugs or controlled substances would also constitute unprofessional conduct and a crime, thereby imposing a state-mandated local program. The bill would prohibit the issuance of a healing arts license to any person who is a registered sex offender, and would provide for the revocation of a license upon the conviction of certain sex offenses, as defined. The bill would provide that the commission of, and conviction for, any act of sexual abuse, misconduct, or attempted sexual misconduct, whether or not with a patient, or conviction of a felony requiring registration as a sex offender, be considered a crime substantially related to the qualifications, functions, or duties of a licensee. The bill would also prohibit a licensee of healing arts boards from including certain provisions in an agreement to settle a civil dispute arising from his or her practice, as specified. The bill would make a licensee or a health care facility that fails to comply with a patient's medical record request, as specified, within  10   15  days,  if a licensee, or 30 days, if a health care facility,  or who fails or refuses to comply with a court order mandating release of records, subject to civil and criminal penalties, as specified. By creating a new crime, the bill would impose a state-mandated local program. The bill would authorize the Attorney General and his or her investigative agents and the healing arts boards to inquire into any alleged violation of the laws under the board's jurisdiction and to inspect documents subject to specified procedures. The bill would also set forth procedures related to the inspection of patient records and patient confidentiality. The bill would require cooperation between state agencies and healing arts boards when investigating a licensee, and would require a state agency to provide to the board all records in the custody of the state agency. The bill would require all local and state law enforcement agencies, state and local governments, state agencies, licensed health care facilities, and any employers of any licensee to provide records to a healing arts board upon request by that board, and would make an additional requirement specific to the Department of Justice. By imposing additional duties on local agencies, the bill would impose a state-mandated local program. The bill would require the healing arts boards to report annually, by October 1, to the department and the Legislature certain information, including, but not limited to, the total number of consumer calls received by the board, the total number of complaint forms received by the board, the total number of convictions reported to the board, and the total number of licensees in diversion or on probation for alcohol or drug abuse. The bill would require the healing arts boards to  search   submit licensee information to  specified national databases  , and to search those databases  prior to licensure of an applicant or licensee  who holds a license in another state  , and would authorize a healing arts board to charge a fee for the cost of conducting the search.  The bill would authorize a healing arts board to automatically suspend the license of any licensee who also has an out-of-state license or a license issued by an agency of the federal government that is suspended or revoked, except as specified.  The bill would authorize the healing arts boards to refuse to issue a license to an applicant if the applicant  appears to   may  be unable to practice safely due to mental illness or chemical dependency, subject to specified procedural requirements and medical examinations. The bill would also authorize the healing arts boards to issue limited licenses to practice to an applicant with a disability, as specified. (3) This bill would make it a crime to violate any of the provisions of (2) above; to engage in the practice of healing arts without a current and valid license, except as specified;  or  to fraudulently buy, sell, or obtain a license to practice healing arts  ; or to represent oneself as engaging or authorized to engage in healing arts if he or she is not authorized to do so  .  The bill would, except as otherwise specified, make the provisions of paragraph (2) applicable to licensees subject to the jurisdiction of the State Board of Chiropractic Examiners.  By creating new crimes, the bill would impose a state-mandated local program. This bill would also provide that it is an act of unprofessional conduct for any licensee of a healing arts board to fail to furnish information in a timely manner to the board or the board's investigators, or to fail to cooperate and participate in any disciplinary investigation pending against him or her, except as specified.  (4) Existing law requires regulatory fees to be deposited into special funds within the Professions and Vocations Fund, and certain of those special funds are continuously appropriated for those purposes. Those funds are created, and those fees are set, by the Legislature by statute or, if specified, by administrative regulation.   This bill would authorize the Department of Consumer Affairs to adjust those healing arts regulatory fees consistent with the California Consumer Price Index. By adding a new source of revenue for deposit into certain continuously appropriated funds, the bill would make an appropriation.   (4) Existing law provides in the State Treasury the Professions and Vocations Fund, consisting of the special funds of the healing arts boards, many of which are continuously appropriated.   This bill would establish in the State Treasury the Emergency Health Care Enforcement Reserve Fund, which would be a continuously appropriated fund, and would require that any moneys in a healing arts board fund consisting of more than 4 months operating expenditures be transferred to the fund and would authorize expenditure for specified enforcement purposes, thereby making an appropriation. The bill would require the fund to be administered by the department, and would authorize a healing arts board to loan its surplus moneys in the fund to another healing arts board, thereby making an appropriation.   Existing law requires specified agencies within the Department of Consumer Affairs with unencumbered funds equal to or more than the agency's operating budget for the next 2 fiscal years to reduce license fees in order to reduce surplus funds to an amount less than the agency's operating budget, as specified. With respect to certain other boards within the department, existing law imposes various reserve fund requirements.   Under this bill, if a healing arts board's fund reserve exceeds its statutory maximum, the bill would authorize the board to lower its fees by resolution in order to reduce its fund reserves to an amount below its statutory maximum.   The bill would also authorize the department to request that the Department of Finance augment the amount available for expenditures to pay enforcement costs for the services of the Attorney General's Office and the Office of Administrative Hearings and the bill would impose specified procedures for instances when the augmentation exceeds 20% of the board's budget for the enforcement costs for these services. The bill would make findings and statements of intent with respect to this provision.  (5) Existing law authorizes the director to employ investigators, inspectors, and deputies as are necessary to investigate and prosecute all violations of any law, the enforcement of which is charged to the department, or to any board in the department. Inspectors used by the boards are not required to be employees of the Division of Investigation, but may be employees of, or under contract to, the boards. This bill would authorize healing arts boards  and the State Board of Chiropractic Examiners  to employ investigators who are not employees of the Division of Investigation, and would authorize those boards to contract for investigative services provided by the  Medical Board of California or provided by the  Department of Justice. The bill would also provide within the Division of Investigation the Health Quality Enforcement Unit to provide investigative services for healing arts proceedings. Existing law provides that the chief and all investigators of the Division of Investigation of the department and all investigators of the Medical Board of California have the authority of peace officers. This bill would include within that provision investigators of the Board of Registered Nursing and would also provide that investigators employed by the Medical Board of California, the Dental Board of California, and the Board of Registered Nursing are not required to be employed by the division. The bill would also authorize the Board of Registered Nursing to employ nurse consultants and other personnel as it deems necessary. (6) Existing law establishes diversion and recovery programs to identify and rehabilitate dentists, osteopathic physicians and surgeons, physical therapists and physical therapy assistants, registered nurses, physician assistants, pharmacists and intern pharmacists, and veterinarians and registered veterinary technicians whose competency may be impaired due to, among other things, alcohol and drug abuse. This bill would make the provisions establishing these diversion programs inoperative on January 1, 2013. (7) Existing law provides in the Department of Justice the Health Quality Enforcement Section, whose primary responsibility is to investigate and prosecute proceedings against licensees and applicants within the jurisdiction of the Medical Board of California and any committee of the board, the California  Board of  Podiatric Medicine, and the Board of Psychology. This bill would  require   authorize a healing arts board to utilize the services of  the Health Quality Enforcement Section  to provide investigative and prosecutorial services to any healing arts board, as defined, upon request by the executive officer of the board   or licensing section  .  The   If utilized, the  bill would  also  require the Attorney General to assign attorneys employed by the office of the Attorney General to work on location at the  Health Quality Enforcement Unit   licensing unit  of the Division of Investigation of the Department of Consumer Affairs, as specified. (8) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. This act shall be known and may be cited as the Consumer Health Protection Enforcement Act. SEC. 2. (a) The Legislature finds and declares the following: (1) In recent years, it has been reported that many of the healing arts boards within the Department of Consumer Affairs take, on average, more than three years to investigate and prosecute violations of law, a timeframe that does not adequately protect consumers. (2) The excessive amount of time that it takes healing arts boards to investigate and prosecute licensed professionals who have violated the law has been caused, in part, by legal and procedural impediments to the enforcement programs. (3) Both consumers and licensees have an interest in the quick resolution of complaints and disciplinary actions. Consumers need prompt action against licensees who do not comply with professional standards, and licensees have an interest in timely review of consumer complaints to keep the trust of their patients. (b) It is the intent of the Legislature that the changes made by this act will improve efficiency and increase accountability within the healing arts boards of the Department of Consumer Affairs, and will remain consistent with the long-held paramount goal of consumer protection. (c) It is further the intent of the Legislature that the changes made by this act will provide the healing arts boards within the Department of Consumer Affairs with the regulatory tools and authorities necessary to reduce the average timeframe for investigating and prosecuting violations of law by healing arts practitioners to between 12 and 18 months. SEC. 3. Section 27 of the Business and Professions Code is amended to read: 27. (a)  Every   Each  entity specified in  subdivision (b)   subdivisions (b) and (c)  shall provide on the Internet information regarding the status of every license issued by that entity  , whether the license is current, expired, canceled, suspended, or revoked,  in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. In providing information on the Internet, each entity shall comply with the Department of Consumer Affairs Guidelines for Access to Public Records. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensee's address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of his or her home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as his or her address of record, to provide a physical business address or residence address only for the entity's internal administrative use and not for disclosure as the licensee's address of record or disclosure on the Internet. (b) Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section: (1) The Acupuncture Board shall disclose information on its licensees. (2) The Board of Behavioral Sciences shall disclose information on its licensees  , including marriage and family therapists, licensed clinical social workers, and licensed educational psychologists.   .  (3) The Dental Board of California shall disclose information on its licensees. (4) The State Board of Optometry shall disclose information regarding certificates of registration to practice optometry, statements of licensure, optometric corporation registrations, branch office licenses, and fictitious name permits of its licensees. (5) The Board for Professional Engineers and Land Surveyors shall disclose information on its registrants and licensees. (6) The Structural Pest Control Board shall disclose information on its licensees, including applicators, field representatives, and operators in the areas of fumigation, general pest and wood destroying pests and organisms, and wood roof cleaning and treatment. (7) The Bureau of Automotive Repair shall disclose information on its licensees, including auto repair dealers, smog stations, lamp and brake stations, smog check technicians, and smog inspection certification stations. (8) The Bureau of Electronic and Appliance Repair shall disclose information on its licensees, including major appliance repair dealers, combination dealers (electronic and appliance), electronic repair dealers, service contract sellers, and service contract administrators. (9) The Cemetery and Funeral Bureau shall disclose information on its licensees, including cemetery brokers, cemetery salespersons, cemetery managers, crematory managers, cemetery authorities, crematories, cremated remains disposers, embalmers, funeral establishments, and funeral directors. (10) The Professional Fiduciaries Bureau shall disclose information on its licensees. (11) The Contractors' State License Board shall disclose information on its licensees in accordance with Chapter 9 (commencing with Section 7000) of Division 3. In addition to information related to licenses as specified in subdivision (a), the board shall also disclose information provided to the board by the Labor Commissioner pursuant to Section 98.9 of the Labor Code. (12) The Board of Psychology shall disclose information on its licensees, including psychologists, psychological assistants, and registered psychologists. (13) The Bureau for Private Postsecondary Education shall disclose information on private postsecondary institutions under its jurisdiction, including disclosure of notices to comply issued pursuant to Section 94935 of the Education Code.  (14) The Board of Registered Nursing shall disclose information on its licensees.   (15) The Board of Vocational Nursing and Psychiatric Technicians of the State of California shall disclose information on its licensees.   (16) The Veterinary Medical Board shall disclose information on its licensees and registrants.   (17) The Physical Therapy Board of California shall disclose information on its licensees.   (18) The California State Board of Pharmacy shall disclose information on its licensees.   (19) The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board shall disclose information on its licensees.   (20) The Respiratory Care Board of California shall disclose information on its licensees.   (21) The California Board of Occupational Therapy shall disclose information on its licensees.   (22) The Naturopathic Medicine Committee of the Osteopathic Medical Board of California shall disclose information on its licensees.   (23) The Physician Assistant Committee of the Medical Board of California shall disclose information on its licensees.   (24) The Dental Hygiene Committee of California shall disclose information on its licensees.   (c) The State Board of Chiropractic Examiners shall disclose information on its licensees.   (c)   (d)  "Internet" for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.  SEC. 4.   Section 27.5 is added to the   Business and Professions Code   , to read:   27.5. (a) Each entity specified in subdivision (b) shall provide on the Internet information regarding the status of every license issued by that entity, whether the license is current, expired, canceled, suspended, or revoked, in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the Internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. In providing information on the Internet, each entity shall comply with the Department of Consumer Affairs Guidelines for Access to Public Records. The information may not include personal information, including home telephone number, date of birth, or social security number. The information may not include the licensee' s address, but may include the city and county of the licensee's address of record. (b) Each of the following entities within the Department of Consumer Affairs shall comply with the requirements of this section: (1) The Board of Registered Nursing shall disclose information on its licensees. (2) The Board of Vocational Nursing and Psychiatric Technicians of the State of California shall disclose information on its licensees. (3) The Veterinary Medical Board shall disclose information on its licensees and registrants. (4) The Physical Therapy Board of California shall disclose information on its licensees. (5) The California State Board of Pharmacy shall disclose information on its licensees. (6) The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board shall disclose information on its licensees. (7) The Respiratory Care Board of California shall disclose information on its licensees. (8) The California Board of Occupational Therapy shall disclose information on its licensees. (9) The Naturopathic Medicine Committee within the Osteopathic Medical Board of California shall disclose information on its licensees. (10) The Physician Assistant Committee of the Medical Board of California shall disclose information on its licensees. (11) The Dental Hygiene Committee of California shall disclose information on its licensees. (c) "Internet" for the purposes of this section has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.   SEC. 4.   SEC. 5.  Section 116 of the Business and Professions Code is amended to read: 116. (a) The director or his or her designee may audit and review, upon his or her own initiative, or upon the request of a consumer or licensee, inquiries and complaints regarding licensees, dismissals of disciplinary cases, the opening, conduct, or closure of investigations, informal conferences, and discipline short of formal accusation by any of the healing arts boards  defined   listed  in Section 720. The director may make recommendations for changes to the disciplinary system to the appropriate board, the Legislature, or both  ,   for their consideration  . (b) The director shall report to the Chairpersons of the Senate Business and Professions Committee and the Assembly Health Committee annually regarding his or her findings from any audit, review, or monitoring and evaluation conducted pursuant to this section.  SEC. 5.   SEC. 6.  Section 125.3 of the Business and Professions Code, as amended by Section 2 of Chapter 223 of the Statutes of 2006, is amended to read: 125.3. (a) (1) Except as otherwise provided by law, in any order issued in resolution of a penalty or disciplinary proceeding or hearing on a citation issued pursuant to Section 125.9 or regulations adopted  pursuant  thereto, before any board specified in Section 101, the board or the administrative law judge may direct any licensee or applicant found to have committed a violation or violations of law to pay to the board a sum not to exceed the  actual   reasonable  costs of the investigation, prosecution, and enforcement of the case. (2) In an order issued pursuant to paragraph (1) that places a license on probation, the administrative law judge may direct a licensee to pay the board's  actual   reasonable  costs of monitoring that licensee while he or she remains on probation, if so requested by the entity bringing the proceeding. The board shall provide the administrative law judge with a good faith estimate of the probation monitoring costs at the time of the request. (b) In the case of a disciplined licentiate that is a corporation or a partnership, the order may be made against the licensed corporate entity or licensed partnership. (c) A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, signed by the entity bringing the proceeding or its designated representative shall be prima facie evidence of  actual   reasonable  costs of investigation, prosecution, and enforcement of the case. The costs shall include the amount of investigative, prosecution, and enforcement costs up to the date of the hearing, including, but not limited to, charges imposed by the Attorney General. (d) The administrative law judge shall make a proposed finding of the amount of  actual   reasonable  costs of investigation, prosecution, and enforcement of the case and probation monitoring costs when requested pursuant to subdivision (a). The finding of the administrative law judge with regard to costs shall not be reviewable by the board to increase any cost award. The board may reduce or eliminate the cost award, or remand to the administrative law judge if the proposed decision fails to make a finding on costs requested pursuant to subdivision (a).  (e) In determining reasonable costs pursuant to subdivision (a), the administrative law judge shall only consider the public resources expended pursuant to the investigation, prosecution, and enforcement of the case. The administrative law judge shall provide an explanation as to how the amount ordered for reasonable costs was determined if the actual costs were not ordered.   (e)   (f)  If an order for recovery of costs is made, payment is due and payable  , in full, 30 days after the effective date of the order  , unless the licensee and the board have agreed to a payment plan  . If timely payment is not made as directed in the board's decision, the board may enforce the order for repayment in any appropriate court. This right of enforcement shall be in addition to any other rights the board may have as to any licentiate to pay costs.  (f)   (g)  In any action for recovery of costs, proof of the board's decision shall be conclusive proof of the validity of the order of payment and the terms for payment.  (g)   (h)  (1) Except as provided in paragraph (2), the board shall not renew  or reinstate the license   ,   reinstate the license, or terminate the probation  of any licentiate who has failed to pay all of the costs ordered under this section.  This paragraph shall not apply to an administrative law judge when preparing a proposed decision.  (2) Notwithstanding paragraph (1), the board may, in its discretion, conditionally renew or reinstate for a maximum of one year the license of any licentiate who demonstrates financial hardship and who enters into a formal agreement with the board to reimburse the board within that one-year period for the unpaid costs.  (h)   (i)  All costs recovered under this section shall be considered a reimbursement for costs incurred and shall be deposited in the fund of the board recovering the costs to be available upon appropriation by the Legislature.  (i)   (j)  Nothing in this section shall preclude a board from including the recovery of the costs of investigation, prosecution, and enforcement of a case in any stipulated settlement.  (j)   (k)  This section does not apply to any board if a specific statutory provision in that board's licensing act provides for broader authority for the recovery of costs in an administrative disciplinary proceeding.  (k)   (l)  Notwithstanding the provisions of this section, the Medical Board of California shall not request nor obtain from a physician and surgeon, investigation and prosecution costs for a disciplinary proceeding against the licentiate. The board shall ensure that this subdivision is revenue neutral with regard to it and that any loss of revenue or increase in costs resulting from this subdivision is offset by an increase in the amount of the initial license fee and the biennial renewal fee, as provided in subdivision (e) of Section 2435.  (l)   (m)  For purposes of this chapter, costs of prosecution shall include, but not be limited to, costs of attorneys, expert consultants, witnesses, any administrative filing and service fees, and any other cost associated with the prosecution of the case.  SEC. 6.   SEC. 7.  Section 125.3 of the Business and Professions Code, as added by Section 1 of Chapter 1059 of the Statutes of 1992, is repealed.  SEC. 7.   SEC. 8.  Section 125.4 is added to the Business and Professions Code, to read: 125.4.  (a)    Notwithstanding any other provision of law, a board may contract with a collection agency for the purpose of collecting outstanding fees, fines, or cost recovery amounts from any person who owes that money to the board, and, for those purposes, may provide to the collection agency the personal information of that person, including his or her birth date, telephone number, and social security number. The contractual agreement shall provide that the collection agency may use or release personal information only as authorized by the contract, and shall provide safeguards to ensure that the personal information is protected from unauthorized disclosure. The contractual agreement shall hold the collection agency liable for the unauthorized use or disclosure of personal information received or collected under this section.  (b) A board shall not use a collection agency to recover outstanding fees, fines, or cost recovery amounts until the person has exhausted all appeals and the decision is final.   SEC. 8.   SEC. 9.  Section 125.9 of the Business and Professions Code is amended to read: 125.9. (a) Except with respect to persons regulated under Chapter 11 (commencing with Section 7500), and Chapter 11.6 (commencing with Section 7590) of Division 3, any board, bureau, commission, or committee within the department, the board created by the Chiropractic Initiative Act, and the Osteopathic Medical Board of California, may establish, by regulation, a system for the issuance to a licensee of a citation that may contain an order of abatement or an order to pay an administrative fine assessed by the board, bureau, commission, or committee where the licensee is in violation of the applicable licensing act or any regulation adopted pursuant thereto. (b) The system shall contain the following provisions: (1) Citations shall be in writing and shall describe with particularity the nature of the violation, including specific reference to the provision of law determined to have been violated. (2) Whenever appropriate, the citation shall contain an order of abatement fixing a reasonable time for abatement of the violation. (3) In no event shall the administrative fine assessed by the board, bureau, commission, or committee exceed five thousand dollars ($5,000) for each inspection or each investigation made with respect to the violation, or five thousand dollars ($5,000) for each violation or count if the violation involves fraudulent billing submitted to an insurance company, the Medi-Cal program, or Medicare. In assessing a fine, the board, bureau, commission, or committee shall give due consideration to the appropriateness of the amount of the fine with respect to factors such as the gravity of the violation, the good faith of the licensee, and the history of previous violations. (4) A citation or fine assessment issued pursuant to a citation shall inform the licensee that if he or she desires a hearing to appeal the finding of a violation, that hearing shall be requested by written notice to the board, bureau, commission, or committee within 30 days of the date of issuance of the citation or assessment. If a hearing is not requested pursuant to this section, payment of any fine shall not constitute an admission of the violation charged. Hearings shall be held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code or, at the discretion of a healing arts board, as  defined   listed  in Section 720, pursuant to paragraph (5).  (5) (A) If the healing arts board is a board or committee, the executive officer and two members of that board or committee shall hear the appeal and issue a citation decision. A licensee desiring to appeal the citation decision shall file a written appeal of the citation decision with the board or committee within 30 days of issuance of the decision. The appeal shall be considered by the board or committee itself and shall issue a written decision on the appeal. The members of the board or committee who issued the citation decision shall not participate in the appeal before the board or committee unless one or both of the members are needed to establish a quorum to act on the appeal.   (B) If the healing arts board is a bureau, the director shall appoint a designee to hear the appeal and issue a citation decision. A licensee desiring to appeal the citation decision shall file a written appeal of the citation decision with the bureau within 30 days of issuance of the decision. The appeal shall be considered by the director or his or her designee who shall issue a written decision on the appeal.   (C) The hearings specified in this paragraph are not subject to the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.   (D) A healing arts board may adopt regulations to implement this paragraph, which may include the use of telephonic hearings.   (5) (A) If the healing arts board is a board or committee, two members of that board or committee shall hear the appeal and issue a citation decision. One of the two members shall be a licensee of the board.   (B) If the healing arts board is a bureau, the director shall appoint a designee to hear the appeal and issue a citation decision.   (C) A hearing held pursuant to this paragraph is not subject to the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.  (D) A board or committee choosing to utilize the provisions of this paragraph shall first have adopted regulations providing for notice and opportunity to be heard. The regulations shall provide the licensee with due process and describe, in detail, the process for that hearing. Appeal of the citation decision may be made through the filing of a petition for writ of mandate.   (E) A healing arts board may permit the use of telephonic hearings. The decision to have a telephonic hearing shall be at the discretion of the licensee subject to the citation.  (6) Failure of a licensee to pay a fine within 30 days of the date of assessment, unless the citation is being appealed, may result in disciplinary action being taken by the board, bureau, commission, or committee. Where a citation is not contested and a fine is not paid, the full amount of the assessed fine shall be added to the fee for renewal of the license. A license shall not be renewed without payment of the renewal fee and fine. (c) The system may contain the following provisions: (1) A citation may be issued without the assessment of an administrative fine. (2) Assessment of administrative fines may be limited to only particular violations of the applicable licensing act. (d) Notwithstanding any other provision of law, if a fine is paid to satisfy an assessment based on the finding of a violation, payment of the fine shall be represented as satisfactory resolution of the matter for purposes of public disclosure. (e) Administrative fines collected pursuant to this section shall be deposited in the special fund of the particular board, bureau, commission, or committee.  SEC. 9.   SEC. 10.  Section 155 of the Business and Professions Code is amended to read: 155. (a) In accordance with Section 159.5, the director may employ such investigators, inspectors, and deputies as are necessary  to  properly  to  investigate and prosecute all violations of any law, the enforcement of which is charged to the department or to any board, agency, or commission in the department. (b) It is the intent of the Legislature that inspectors used by boards, bureaus, or commissions in the department shall not be required to be employees of the Division of Investigation, but may either be employees of, or under contract to, the boards, bureaus, or commissions. Contracts for services shall be consistent with Article 4.5 (commencing with Section 19130) of Chapter 6 of Part 2 of Division 5 of Title 2 of the Government Code. All civil service employees currently employed as inspectors whose functions are transferred as a result of this section shall retain their positions, status, and rights in accordance with Section 19994.10 of the Government Code and the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code). (c) Investigators used by any healing arts board, as  defined   listed  in Section 720, shall not be required to be employees of the Division of Investigation and the healing arts board may contract for investigative services provided by  the Medical Board of California or provided by  the Department of Justice. (d) Nothing in this section limits the authority of, or prohibits, investigators in the Division of Investigation in the conduct of inspections or investigations of any licensee, or in the conduct of investigations of any officer or employee of a board or the department at the specific request of the director or his or her designee.  SEC. 10.   SEC. 11.  Section 159.5 of the Business and Professions Code is amended to read: 159.5. There is in the department the Division of Investigation. The division is in the charge of a person with the title of chief of the division. There is in the division the Health Quality Enforcement Unit. The primary responsibility of the unit is to investigate complaints against licensees and applicants within the jurisdiction of the healing arts boards  specified   listed  in Section 720. Except as provided in Section 16 of Chapter 1394 of the Statutes of 1970, all positions for the personnel necessary to provide investigative services, as specified in Section 160 of this code and in subdivision (b) of Section 830.3 of the Penal Code, shall be in the division and the personnel shall be appointed by the director.  SEC. 11.  SEC. 12.  Section 160 of the Business and Professions Code is amended to read: 160. (a) The Chief and designated investigators of the Division of Investigation of the department, designated investigators of the Medical Board of California, designated investigators of the Dental Board of California, and designated investigators of the Board of Registered Nursing have the authority of peace officers while engaged in exercising the powers granted or performing the duties imposed upon them or the division in investigating the laws administered by the various boards comprising the department or commencing directly or indirectly any criminal prosecution arising from any investigation conducted under these laws. All persons herein referred to shall be deemed to be acting within the scope of employment with respect to all acts and matters in this section set forth. (b) The Division of Investigation, the Medical Board of California, the Dental Board of California, and the Board of Registered Nursing may employ investigators who are not peace officers to provide investigative services.  SEC. 12.  SEC. 13.  Article 10.1 (commencing with Section 720) is added to Chapter 1 of Division 2 of the Business and Professions Code, to read: Article 10.1. Healing Arts Licensing Enforcement 720. (a) Unless otherwise provided, as used in this article, the term "healing arts board" shall include all of the following: (1) The Dental Board of California. (2) The Medical Board of California. (3) The State Board of Optometry. (4) The California State Board of Pharmacy. (5) The Board of Registered Nursing. (6) The Board of Behavioral Sciences. (7) The Board of Vocational Nursing and Psychiatric Technicians of the State of California. (8) The Respiratory Care Board of California. (9) The Acupuncture Board. (10) The Board of Psychology. (11) The California Board of Podiatric Medicine. (12) The Physical Therapy Board of California. (13) The Physician Assistant Committee of the Medical Board of California. (14) The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. (15) The California Board of Occupational Therapy. (16) The Osteopathic Medical Board of California. (17) The Naturopathic Medicine Committee  of   within  the Osteopathic Medical Board of California. (18) The Dental Hygiene Committee of California. (19) The Veterinary Medical Board. (b) Unless otherwise provided, as used in this article, "board" means all healing arts boards described under subdivision (a) and "licensee" means a licensee of a healing arts board described in subdivision (a). 720.2. (a)  The   A healing arts board may delegate to its  executive officer or executive director  of a healing arts board may   the authority to  adopt a proposed default decision where an administrative action to revoke a license has been filed and the licensee has failed to file a notice of defense or to appear at the hearing and a proposed default decision revoking the license has been issued. (b)  The   A healing arts board may delegate to its  executive officer or executive director  of a healing arts board may   the authority to  adopt a proposed settlement agreement where an administrative action to revoke a license has been filed by the healing arts board and the licensee has agreed to  surrender   the revocation or surrender of  his or her license. 720.4. (a) Notwithstanding Section 11415.60 of the Government Code, a healing arts board may enter into a settlement with a licensee or applicant  prior to the board's   in lieu of the  issuance of an accusation or statement of issues against that licensee or applicant, as applicable.  (b) The settlement shall include language identifying the factual basis for the action being taken and a list of the statutes or regulations violated.   (b) No   (c)     A  person who enters a settlement pursuant to this section  may petition   is not precluded from filing a petition, in the timeframe permitted by law,  to modify the terms of the settlement or petition for early termination of probation, if probation is part of the settlement.  (c) Any settlement   (d)     Any settlement against   a licensee  executed pursuant to this section shall be considered discipline and a public record and shall be posted on the applicable board's Internet Web site.  Any settlement against an applicant executed pursuant to this section shall be considered a public record and shall be posted on the applicable board's Internet Web site.  720.6. (a) Notwithstanding any other provision of law, upon receipt of evidence that a licensee of a healing arts board has engaged in conduct that poses an imminent risk of serious harm to the public health, safety, or welfare,  or has failed to comply with a request to inspect or copy records made pursuant to Section 720.16,  the executive officer of that board may petition the director to issue a temporary order that the licensee cease all practice and activities that require a license by that board. (b) (1) The executive officer of the healing arts board shall, to the extent practicable, provide telephonic, electronic mail, message, or facsimile written notice to the licensee of a hearing on the petition at least  24 hours   five business days  prior to the hearing. The licensee and his or her counsel and the executive officer or his or her designee shall have the opportunity to present oral or written argument before the director. After presentation of the evidence  and consideration of any arguments presented, the director may issue an order that the licensee cease all practice and activities that require a license by that board when, in the opinion of the director, the action is necessary to protect the public health, safety, or welfare.   , if, in the   director's opinion, the petitioner has established by a preponderance of the evidence that an imminent risk of serious harm to the public health, safety, or welfare exists, the director may issue an order that the licensee cease all practice and activities that require a license by that board.  (2) The hearing specified in this subdivision shall not be subject to the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (c) Any order to cease practice issued pursuant to this section shall automatically be vacated within  120   90  days of issuance, or until the healing arts board  , pursuant to Section 494, files a petition   files a petition pursuant to Section 494  for an interim suspension order and the petition is denied or granted, whichever occurs first. (d) A licensee who fails or refuses to comply with an order of the director to cease practice pursuant to this section is subject to disciplinary action to revoke or suspend his or her license by  his or her   the  respective healing arts board and an administrative fine assessed by the board not to exceed twenty-five thousand dollars ($25,000). The remedies provided herein are in addition to any other authority of the healing arts board to sanction a licensee for practicing or engaging in activities subject to the jurisdiction of the board without proper legal authority. (e) Upon receipt of new information, the executive officer for the healing arts board who requested the temporary suspension order shall review the basis for the license suspension to determine if the grounds for the suspension continue to exist. The executive officer shall immediately notify the director if the executive officer believes that the licensee no longer poses an imminent risk of serious harm to the public health, safety, or welfare  or that the licensee has complied with the request to inspect or copy records pursuant to Section 720.16  . The director shall review the information from the executive officer and may vacate the suspension order, if he or she believes that the suspension is no longer necessary to protect the public health, safety, or welfare. (f) Any petition and order to cease practice shall be displayed on the Internet Web site of the applicable healing arts board, except that if the petition is not granted or the director vacates the suspension order pursuant to subdivision (e), the petition and order shall be removed from the respective board's Internet Web site. (g) If the position of director is vacant, the chief deputy director of the department shall fulfill the duties of this section. (h) Temporary suspension orders shall be subject to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure and shall be heard only in the superior court in, and for, the Counties of Sacramento, San Francisco, Los Angeles, or San Diego.  (i) For the purposes of this section, "imminent risk of serious harm to the public health, safety, or welfare" means that there is a reasonable likelihood that allowing the licensee to continue to practice will result in serious physical or emotional injury, unlawful sexual contact, or death to an individual or individuals within the next 90 days.  720.8. (a) The license of a licensee of a healing arts board shall be suspended automatically during any time that the licensee is incarcerated after conviction of a felony, regardless of whether the conviction has been appealed. The healing arts board shall, immediately upon receipt of the certified copy of the record of conviction, determine whether the license of the licensee has been automatically suspended by virtue of his or her incarceration, and if so, the duration of that suspension. The healing arts board shall notify the licensee  in writing  of the license suspension and of his or her right to elect to have the issue of penalty heard as provided in subdivision (d). (b) Upon receipt of the certified copy of the record of conviction, if after a hearing before an administrative law judge from the Office of Administrative  Law   Hearings  it is determined that the felony for which the licensee was convicted was substantially related to the qualifications, functions, or duties of a licensee, the board shall suspend the license until the time for appeal has elapsed, if no appeal has been taken, or until the judgment of conviction has been affirmed on appeal or has otherwise become final, and until further order of the healing arts board. (c) Notwithstanding subdivision (b), a conviction of a charge of violating any federal statute or regulation or any statute or regulation of this state, regulating dangerous drugs or controlled substances, or a conviction of Section 187, 261, 262, or 288 of the Penal Code, shall be conclusively presumed to be substantially related to the qualifications, functions, or duties of a licensee and no hearing shall be held on this issue. However, upon its own motion or for good cause shown, the healing arts board may decline to impose or may set aside the suspension when it appears to be in the interest of justice to do so, with due regard to maintaining the integrity of, and confidence in, the practice regulated by the healing arts board. (d) (1) Discipline may be ordered against a licensee in accordance with the laws and regulations of the healing arts board when the time for appeal has elapsed, the judgment of conviction has been affirmed on appeal, or 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 his or her plea of guilty and to enter a plea of not guilty, setting aside the verdict of guilty, or dismissing the accusation, complaint, information, or indictment. (2) The issue of penalty shall be heard by an administrative law judge from the Office of Administrative  Law   Hearings  . The hearing shall not be had until the judgment of conviction has become final or, irrespective of a subsequent order under Section 1203.4 of the Penal Code, an order granting probation has been made suspending the imposition of sentence; except that a licensee may, at his or her option, elect to have the issue of penalty decided before those time periods have elapsed. Where the licensee so elects, the issue of penalty shall be heard in the manner described in subdivision (b) at the hearing to determine whether the conviction was substantially related to the qualifications, functions, or duties of a licensee. If the conviction of a licensee who has made this election is overturned on appeal, any discipline ordered pursuant to this section shall automatically cease. Nothing in this subdivision shall prohibit the healing arts board from pursuing disciplinary action based on any cause other than the overturned conviction. (e) The record of the proceedings resulting in a conviction, including a transcript of the testimony in those proceedings, may be received in evidence. (f) Any other provision of law setting forth a procedure for the suspension or revocation of a license issued by a healing arts board shall not apply to proceedings conducted pursuant to this section. 720.10. Except as otherwise provided, any proposed decision or decision issued under this article in accordance with the procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, that contains any finding of fact that the licensee or registrant engaged in any act of sexual contact, as defined in subdivision (c) of Section 729, with a patient, or has committed an act or been convicted of a sex offense as defined in Section 44010 of the Education Code, shall contain an order of revocation. The revocation shall not be stayed by the administrative law judge.  Unless otherwise provided in the laws and regulations of the healing arts board, the patient shall no longer be considered a patient of the licensee when the order for medical services and procedures provided by the licensee is terminated, discontinued, or not renewed by the prescribing physician and surgeon.  720.12. (a) Except as otherwise provided, with regard to an individual who is required to register as a sex offender pursuant to Section 290 of the Penal Code, or the equivalent in another state or territory, under military law, or under federal law, the healing arts board shall be subject to the following requirements: (1) The healing arts board shall deny an application by the individual for licensure in accordance with the procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (2) If the individual is licensed under this division, the healing arts board shall promptly revoke the license of the individual in accordance with the procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The healing arts board shall not stay the revocation and place the license on probation. (3) The healing arts board shall not reinstate or reissue the individual's license. The healing arts board shall not issue a stay of license denial  and   nor  place the license on probation. (b) This section shall not apply to any of the following: (1) An individual who has been relieved under Section 290.5 of the Penal Code of his or her duty to register as a sex offender, or whose duty to register has otherwise been formally terminated under California law or the law of the jurisdiction that requires his or her registration as a sex offender. (2) An individual who is required to register as a sex offender pursuant to Section 290 of the Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal Code. However, nothing in this paragraph shall prohibit the healing arts board from exercising its discretion to discipline a licensee under any other provision of state law based upon the licensee's conviction under Section 314 of the Penal Code. (3) Any administrative adjudication proceeding under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code that is fully adjudicated prior to January 1, 2008. A petition for reinstatement of a revoked or surrendered license shall be considered a new proceeding for purposes of this paragraph, and the prohibition against reinstating a license to an individual who is required to register as a sex offender shall be applicable. 720.14. (a) A licensee of a healing arts board shall not include or permit to be included any of the following provisions in an agreement to settle a civil dispute arising from his or her practice, whether the agreement is made before or after the filing of an action: (1) A provision that prohibits another party to the dispute from contacting or cooperating with the healing arts board. (2) A provision that prohibits another party to the dispute from filing a complaint with the healing arts board. (3) A provision that requires another party to the dispute to withdraw a complaint he or she has filed with the healing arts board. (b) A provision described in subdivision (a) is void as against public policy. (c) A violation of this section constitutes unprofessional conduct and may subject the licensee to disciplinary action. (d) If a board complies with Section 2220.7, that board shall not be subject to the requirements of this section. 720.16. (a) Notwithstanding any other provision of law making a communication between a licensee of a healing arts board and his or her patients a privileged communication, those provisions shall not apply to investigations or proceedings conducted by a healing arts board. Members of a healing arts board, deputies, employees, agents, the office of the Attorney General, and representatives of the board shall keep in confidence during the course of investigations the names of any patients whose records are reviewed and may not disclose or reveal those names, except as is necessary during the course of an investigation, unless and until proceedings are instituted. The authority under this subdivision to examine records of patients in the office of a licensee is limited to records of patients who have complained to the healing arts board about that licensee. (b) Notwithstanding any other provision of law, the Attorney General and his or her investigative agents, and a healing arts board and its investigators and representatives may inquire into any alleged violation of the laws under the jurisdiction of the healing arts board or any other federal or state law, regulation, or rule relevant to the practice regulated by the healing arts board, whichever is applicable, and may inspect documents relevant to those investigations in accordance with the following procedures: (1) Any document relevant to an investigation may be inspected, and copies may be obtained, where patient consent is given. (2) Any document relevant to the business operations of a licensee, and not involving medical records attributable to identifiable patients, may be inspected and copied where relevant to an investigation of a licensee. (c) In all cases where documents are inspected or copies of those documents are received, their acquisition or review shall be arranged so as not to unnecessarily disrupt the medical and business operations of the licensee or of the facility where the records are kept or used. (d) Where certified documents are lawfully requested from licensees in accordance with this section by the Attorney General or his or her agents or deputies, or investigators of any board, the documents shall be provided within 10 business days of receipt of the request, unless the licensee is unable to provide the certified documents within this time period for good cause, including, but not limited to, physical inability to access the records in the time allowed due to illness or travel. Failure to produce requested certified documents or copies thereof, after being informed of the required deadline, shall constitute unprofessional conduct. A healing arts board may use its authority to cite and fine a licensee for any violation of this section. This remedy is in addition to any other authority of the healing arts board to sanction a licensee for a delay in producing requested records. (e) Searches conducted of the office or medical facility of any licensee shall not interfere with the recordkeeping format or preservation needs of any licensee necessary for the lawful care of patients. (f) The licensee shall cooperate with the healing arts board in furnishing information or assistance as may be required, including, but not limited to, participation in an interview with investigators or representatives of the healing arts board. (g) If a board complies with Section 2225, that board shall not be subject to the requirements of this section.  (h) This section shall not apply to a licensee who does not have access to, and control over, certified medical records.  720.18. (a) (1) Notwithstanding any other provision of law, a licensee who fails or refuses to comply with a request for the certified medical records of a patient, that is accompanied by that patient's written authorization for release of records to a healing arts board, within  10   15  days of receiving the request and authorization, shall pay to the healing arts board a civil penalty of  up to  one thousand dollars ($1,000) per day for each day that the documents have not been produced after the  10th   15th  day, up to  one hundred thousand dollars ($100,000)   ten thousand dollars ($10,000)  , unless the licensee is unable to provide the documents within this time period for good cause. (2) A health care facility shall comply with a request for the certified medical records of a patient that is accompanied by that patient's written authorization for release of records to a healing arts board together with a notice citing this section and describing the penalties for failure to comply with this section. Failure to provide the authorizing patient's certified medical records to the healing arts board within  10   30  days of receiving the request, authorization, and notice shall subject the health care facility to a civil penalty, payable to the healing arts board, of up to one thousand dollars ($1,000) per day for each day that the documents have not been produced after the  10th   30th  day, up to  one hundred thousand dollars ($100,000)   ten thousand dollars ($10,000)  , unless the health care facility is unable to provide the documents within this time period for good cause. This paragraph shall not require health care facilities to assist a healing arts board in obtaining the patient's authorization. A healing arts board shall pay the reasonable costs of copying the certified medical records, but shall not be required to make that payment prior to the production of the medical records. (b) (1) A licensee who fails or refuses to comply with a court order, issued in the enforcement of a subpoena, mandating the release of records to a healing arts board, shall pay to the healing arts board a civil penalty of up to one thousand dollars ($1,000) per day for each day that the documents have not been produced after the date by which the court order requires the documents to be produced,  up to ten thousand dollars   ($10,000),  unless it is determined that the order is unlawful or invalid. Any statute of limitations applicable to the filing of an accusation by the healing arts board shall be tolled during the period the licensee is out of compliance with the court order and during any related appeals. (2) Any licensee who fails or refuses to comply with a court order, issued in the enforcement of a subpoena, mandating the release of records to a board is guilty of a misdemeanor punishable by a fine payable to the board not to exceed five thousand dollars ($5,000). The fine shall be added to the licensee's renewal fee if it is not paid by the next succeeding renewal date. Any statute of limitations applicable to the filing of an accusation by a healing arts board shall be tolled during the period the licensee is out of compliance with the court order and during any related appeals. (3) A health care facility that fails or refuses to comply with a court order, issued in the enforcement of a subpoena, mandating the release of patient records to a healing arts board, that is accompanied by a notice citing this section and describing the penalties for failure to comply with this section, shall pay to the healing arts board a civil penalty of up to one thousand dollars ($1,000) per day for each day that the documents have not been produced, up to  one hundred thousand dollars ($100,000)   ten thousand dollars ($10,000)  , after the date by which the court order requires the documents to be produced, unless it is determined that the order is unlawful or invalid. Any statute of limitations applicable to the filing of an accusation by the board against a licensee shall be tolled during the period the health care facility is out of compliance with the court order and during any related appeals. (4) Any health care facility that fails or refuses to comply with a court order, issued in the enforcement of a subpoena, mandating the release of records to a healing arts board is guilty of a misdemeanor punishable by a fine payable to the board not to exceed five thousand dollars ($5,000). Any statute of limitations applicable to the filing of an accusation by the healing arts board against a licensee shall be tolled during the period the health care facility is out of compliance with the court order and during any related appeals. (c) Multiple acts by a licensee in violation of subdivision (b) shall be punishable by a fine not to exceed five thousand dollars ($5,000) or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. Multiple acts by a health care facility in violation of subdivision (b) shall be punishable by a fine not to exceed five thousand dollars ($5,000), shall be reported to the State Department of Public Health, and shall be considered as grounds for disciplinary action with respect to licensure, including suspension or revocation of the license or certificate. (d) A failure or refusal of a licensee to comply with a court order, issued in the enforcement of a subpoena, mandating the release of records to the healing arts board constitutes unprofessional conduct and is grounds for suspension or revocation of his or her license. (e) Imposition of the civil penalties authorized by this section shall be in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code). Any civil penalties paid to, or received by, a healing arts board pursuant to this section shall be deposited into the fund administered by the healing arts board. (f) For purposes of this section, "certified medical records" means a copy of the patient's medical records authenticated by the licensee or health care facility, as appropriate, on a form prescribed by the licensee's board. (g) For purposes of this section, a "health care facility" means a clinic or health facility licensed or exempt from licensure pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. (h) If a board complies with Section  1684.5   1684.1  , 2225.5, or 2969, that board shall not be subject to the requirements of this section. (i) This section shall not apply to a licensee who does not have access to, or control over, certified medical records. 720.20. (a) Notwithstanding any other provision of law, a state agency shall, upon receiving a request in writing from a healing arts board  for records  , immediately provide to the healing arts board all records in the custody of the state agency, including, but not limited to, confidential records, medical records, and records related to closed or open investigations. (b) If a state agency has knowledge that a person it is investigating is licensed by a healing arts board, the state agency shall notify the healing arts board that it is conducting an investigation against one of its licentiates. The notification of investigation to the healing arts board  is to   shall  include the name, address, and, if known, the professional  licensure   licens   e  type and license number of the person being investigated and the name and address or telephone number of a person who can be contacted for further information about the investigation. The state agency shall cooperate with the healing arts board in providing any requested information. 720.22. Notwithstanding any other provision of law, all local and state law enforcement agencies, state and local governments, state agencies, licensed health care facilities, and employers of a licensee of a healing arts board shall provide records to the healing arts board upon request prior to receiving payment from the board  for the cost of providing the records  . 720.24. (a)  Any   Notwithstanding any other provision of law, any  employer of a health care licensee shall report to the board the suspension or termination for cause, or any resignation in lieu of suspension or termination for cause, of any health care licensee in its employ within  five  15  business days. The report shall not be made until after the conclusion of the review process specified in Section 52.3 of Title 2 of the California Code of Regulations and Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, for public employees. This required reporting shall not constitute a waiver of confidentiality of medical records. The information reported or disclosed shall be kept confidential except as provided in subdivision (c) of Section 800 and shall not be subject to discovery in civil cases. (b) For purposes of the section, "suspension or termination for cause"  is defined as suspension   or "resignation in lieu of suspension or termination for cause" is defined as resignation, suspension,  or termination from employment for any of the following reasons: (1) Use of controlled substances or alcohol to the extent that it impairs the licensee's ability to safely practice. (2) Unlawful sale of a controlled substance or other prescription items. (3) Patient or client abuse, neglect, physical harm, or sexual contact with a patient or client.  (4) Falsification of medical records.   (5)   (4)  Gross negligence or incompetence.  (6)   (5)  Theft from a patient or client, any other employee, or the employer.  (c) Failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed one hundred thousand dollars ($100,000) per violation.   (d) Pursuant to Section 43.8 of the Civil Code, no person shall incur any civil penalty as a result of making any report required by this chapter.   (e) This section shall not apply to any of the reporting requirements under Section 805.   (c) As used in this section, the following definitions apply:   (1) "Gross negligence" means a substantial departure from the standard of care, which, under similar circumstances, would have ordinarily been exercised by a competent licensee, and which has or could have resulted in harm to the consumer. An exercise of so slight a degree of care as to justify the belief that there was a conscious disregard or indifference for the health, safety, or welfare of the consumer shall be considered a substantial departure from the standard of care.   (2) "Incompetence" means the lack of possession of and the failure to exercise that degree of learning, skill, care, and experience ordinarily possessed by a responsible licensee.   (3) "Willful" means a knowing and intentional violation of a known legal duty.   (d) (1) Willful failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed one hundred thousand dollars ($100,000) per violation.   (2) Any failure of an employer, other than willful failure, to make a report required by this section is punishable by an administrative fine not to exceed fifty thousand dollars ($50,000).   (e) Pursuant to Section 43.8 of the Civil Code, no person shall incur any civil penalty as a result of making any report required by this article.   (f) No report is required under this section where a report of the action taken is already required under Section 805.  720.26. (a) Each healing arts board shall report annually to the department and the Legislature, not later than October 1 of each year, the following information: (1) The total number of consumer calls received by the board and the number of consumer calls or letters designated as discipline-related complaints. (2) The total number of complaint forms received by the board. (3) The total number of reports received by the board pursuant to Sections 801, 801.01, and 803, as applicable. (4) The total number of coroner reports received by the board. (5) The total number of convictions reported to the board. (6) The total number of criminal filings reported to the board. (7) If the board is authorized to receive reports pursuant to Section 805, the total number of Section 805 reports received by the board, by the type of peer review body reporting and, where applicable, the type of health care facility involved, and the total number and type of administrative or disciplinary actions taken by the board with respect to the reports, and their disposition. (8) The total number of complaints closed or resolved without discipline, prior to accusation. (9) The total number of complaints and reports referred for formal investigation. (10) The total number of accusations filed and the final disposition of accusations through the board and court review, respectively. (11) The total number of citations issued, with fines and without fines, and the number of public letters of reprimand, letters of admonishment, or other similar action issued, if applicable. (12) The total number of final licensee disciplinary actions taken, by category. (13) The total number of cases in process for more than six months, more than 12 months, more than 18 months, and more than 24 months, from receipt of a complaint by the board. (14) The average and median time in processing complaints, from original receipt of the complaint by the board, for all cases, at each stage of the disciplinary process and court review, respectively. (15) The total number of licensees in diversion or on probation for alcohol or drug abuse or mental disorder, and the number of licensees successfully completing diversion programs or probation, and failing to do so, respectively. (16) The total number of probation violation reports and probation revocation filings, and their dispositions. (17) The total number of petitions for reinstatement, and their dispositions. (18) The total number of caseloads of investigators for original cases and for probation cases, respectively. (b) "Action," for purposes of this section, includes proceedings brought by, or on behalf of, the healing arts board against licensees for unprofessional conduct that have not been finally adjudicated, as well as disciplinary actions taken against licensees. (c)  If a board   A board that  complies with Section 2313  , that board  shall not be subject to the requirements of this section. 720.28. Unless otherwise provided, on or after July 1, 2013, every healing arts board shall post on the Internet the following information in its possession, custody, or control regarding every licensee for which the board licenses: (a) With regard to the status of every healing arts license, whether or not the licensee  or former licensee  is in good standing, subject to a temporary restraining order, subject to an interim suspension order, subject to a restriction or cease practice ordered pursuant to Section 23 of the Penal Code, or subject to any of the enforcement actions described in Section 803.1. (b) With regard to prior discipline of a licensee, whether or not the licensee  or former licensee  has been subject to discipline by the healing arts board or by the board of another state or jurisdiction, as described in Section 803.1. (c) Any felony conviction of a licensee reported to the healing arts board  after January 3, 1991  . (d) All current accusations filed by the Attorney General, including those accusations that are on appeal. For purposes of this paragraph, "current accusation" means an accusation that has not been dismissed, withdrawn, or settled, and has not been finally decided upon by an administrative law judge and the board unless an appeal of that decision is pending. (e) Any malpractice judgment or arbitration award imposed against a licensee and reported to the healing arts board  after January 1, 1993  . (f) Any hospital disciplinary action imposed against a licensee that resulted in the termination or revocation of a licensee's hospital staff privileges for a medical disciplinary cause or reason pursuant to Section 720.18 or 805. (g) Any misdemeanor conviction of a licensee that results in a disciplinary action or an accusation that is not subsequently withdrawn or dismissed. (h) Appropriate disclaimers and explanatory statements to accompany the above information, including an explanation of what types of information are not disclosed. These disclaimers and statements shall be developed by the healing arts board and shall be adopted by regulation. 720.30. (a) The office of the Attorney General shall serve, or submit to a healing arts board for service, an accusation within 60 calendar days of receipt from the healing arts board. (b) The office of the Attorney General shall serve, or submit to a healing arts board for service, a default decision within five days following the time period allowed for the filing of a notice of defense. (c) The office of the Attorney General shall set a hearing date within three days of receiving a notice of defense, unless the healing arts board gives the office of the Attorney General instruction otherwise. 720.32. (a) Whenever it appears that an applicant for a license, certificate, or permit from a healing arts board may be unable to practice his or her profession safely because the applicant's ability to practice  would   may  be impaired due to mental illness, or physical illness affecting competency, the healing arts board may order the applicant to be examined by one or more physicians and surgeons or psychologists designated by the healing arts board. The report of the examiners shall be made available to the applicant and may be received as direct evidence in proceedings conducted pursuant to Chapter 2 (commencing with Section 480) of Division 1.5. (b) An applicant's failure to comply with an order issued under subdivision (a) shall authorize the board to deny an applicant a license, certificate, or permit. (c) A healing arts board shall not grant a license, certificate, or permit until it has received competent evidence of the absence or control of the condition that caused its action and until it is satisfied that with due regard for the public health and safety the person may safely practice the profession for which he or she seeks licensure. 720.34. (a) An applicant for a license, certificate, or permit from a healing arts board who is otherwise eligible for that license but is unable to practice some aspects of his or her profession safely due to a disability may receive a limited license if he or she does both of the following: (1) Pays the initial licensure fee. (2) Signs an agreement on a form prescribed by the healing arts board in which the applicant agrees to limit his or her practice in the manner prescribed by the healing arts board. (b) The healing arts board may require the applicant described in subdivision (a) to obtain an independent clinical evaluation of his or her ability to practice safely as a condition of receiving a limited license under this section. (c) Any person who knowingly provides false information in the agreement submitted pursuant to subdivision (a) shall be subject to any sanctions available to the healing arts board. 720.35. (a)  Each   Each healing arts board listed in Section 720 shall report to the National Practitioner Data Bank and the Healthcare Integrity and Protection Data Bank the following information on each of its licensees:   (1) Any adverse action taken by the board as a result of any disciplinary proceeding, including any revocation or suspension of a license and the length of that suspension, or any reprimand, censure, or probation.   (2) Any dismissal or closure of a disciplinary proceeding by reason of a licensee surrendering his or her license or leaving the state.   (3) Any other loss of the license of a licensee, whether by operation of law, voluntary surrender, or otherwise.   (4) Any negative action or finding by the board regarding a licensee.   (b)     Each  healing arts board shall conduct a search on the National Practitioner Data Bank and the Healthcare Integrity and Protection Data Bank prior to granting or renewing a license, certificate, or permit to an applicant  who is licensed by another state  .  (b)   (c)  A healing arts board may charge a fee to cover the actual cost to conduct the search specified in subdivision  (a)   (b)  .  720.36. (a) Unless otherwise provided, if a licensee possesses a license or is otherwise authorized to practice in any state other than California or by any agency of the federal government and that license or authority is suspended or revoked outright and is reported to the National Practitioner Data Bank, the California license of the licensee shall be suspended automatically for the duration of the suspension or revocation, unless terminated or rescinded as provided in subdivision (c). The healing arts board shall notify the licensee of the license suspension and of his or her right to have the issue of penalty heard as provided in this section. (b) Upon its own motion or for good cause shown, a healing arts board may decline to impose or may set aside the suspension when it appears to be in the interest of justice to do so, with due regard to maintaining the integrity of, and confidence in, the specific healing art. (c) The issue of penalty shall be heard by an administrative law judge sitting alone or with a panel of the board, in the discretion of the board. A licensee may request a hearing on the penalty and that hearing shall be held within 90 days from the date of the request. If the order suspending or revoking the license or authority to practice is overturned on appeal, any discipline ordered pursuant to this section shall automatically cease. Upon a showing to the administrative law judge or panel by the licensee that the out-of-state action is not a basis for discipline in California, the suspension shall be rescinded. If an accusation for permanent discipline is not filed within 90 days of the suspension imposed pursuant to this section, the suspension shall automatically terminate. (d) The record of the proceedings that resulted in the suspension or revocation of the licensee's out-of-state license or authority to practice, including a transcript of the testimony therein, may be received in evidence. (e) This section shall not apply to a licensee who maintains his or her primary practice in California, as evidenced by having maintained a practice in this state for not less than one year immediately preceding the date of suspension or revocation. Nothing in this section shall preclude a licensee's license from being suspended pursuant to any other provision of law. (f) This section shall not apply to a licensee whose license has been surrendered, whose only discipline is a medical staff disciplinary action at a federal hospital and not for medical disciplinary cause or reason as that term is defined in Section 805, or whose revocation or suspension has been stayed, even if the licensee remains subject to terms of probation or other discipline. (g) This section shall not apply to a suspension or revocation imposed by a state that is based solely on the prior discipline of the licensee by another state. (h) The other provisions of this article setting forth a procedure for the suspension or revocation of a licensee's license or certificate shall not apply to summary suspensions issued pursuant to this section. If a summary suspension has been issued pursuant to this section, the licensee may request that the hearing on the penalty conducted pursuant to subdivision (c) be held at the same time as a hearing on the accusation. (i) A board that complies with Section 2310 shall not be subject to the requirements of this section.   720.36. Unless it is   720.37.   Unless  otherwise expressly provided, any person, whether licensed pursuant to this division or not, who violates any provision of this article is guilty of a misdemeanor and shall be punished by a fine of not less than two hundred dollars ($200) nor more than one thousand two hundred dollars ($1,200), or by imprisonment  in a county jail  for a term of not less than 60 days nor no more than 180 days, or by both the fine and imprisonment.  720.38. (a) The Emergency Health Care Enforcement Reserve Fund is hereby established in the State Treasury, to be administered by the department. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are hereby continuously appropriated and shall be used to support the investigation and prosecution of any matter within the authority of any of the healing arts boards. The department, upon direction of a healing arts board, shall pay out the funds or approve such payments as deemed necessary from those funds as have been designated for the purpose of this section. (b) Notwithstanding any other law, the funds of the Emergency Health Care Enforcement Reserve Fund are those moneys from the healing arts board's individual funds, which shall be deposited into the Emergency Health Care Enforcement Reserve Fund when the amount within those funds exceeds more than four months operating expenditures of the healing arts board. (c) Notwithstanding any other law, the department, with approval of a healing arts board, may loan to any other board moneys necessary for the purpose of this section when it has been established that insufficient funds exist for that board, provided that the moneys will be repaid.   720.40. Notwithstanding any other provision of law, if a healing arts board's fund reserve exceeds its statutory maximum, the board may lower its fees by resolution in order to reduce its reserves to an amount below its maximum.   720.42. (a) The Legislature finds that there are occasions when a healing arts board, as listed in Section 720, urgently requires additional expenditure authority in order to fund unanticipated enforcement and litigation activities. Without sufficient expenditure authority to obtain the necessary additional resources for urgent litigation and enforcement matters, the board is unable to adequately protect the public. Therefore, it is the intent of the Legislature that, apart from, and in addition to, the expenditure authority that may otherwise be established, the healing arts boards, as listed in Section 720, shall be given the increase in its expenditure authority in any given current fiscal year that is authorized by the Department of Finance pursuant to the provisions of subdivision (b) of this section, for costs and services in urgent litigation and enforcement matters, including, but not limited to, costs for the services of the Attorney General and the Office of Administrative Hearings. (b) Notwithstanding any other provision of law, upon the request of the department, the Department of Finance may augment the amount available for expenditures to pay enforcement costs for the services of the Attorney General's Office and the Office of Administrative Hearings. If an augmentation exceeds 20% of the board's budget for the Attorney General, it may be made no sooner than 30 days after notification in writing to chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee, or no sooner than whatever lesser time the chairperson of the Joint Legislative Budget Committee may in each instance determine.   SEC. 13.   SEC. 14.  Section 726 of the Business and Professions Code is amended to read: 726. (a) The commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer constitutes unprofessional conduct and grounds for disciplinary action for any person licensed under this division, and under any initiative act referred to in this division. (b) For purposes of Division 1.5 (commencing with Section 475),  and the licensing laws and regulations of a healing arts board, as defined in Section 720,  the commission of, and conviction for, any act of sexual abuse, sexual misconduct, or attempted sexual misconduct, whether or not with a patient, or conviction of a felony requiring registration pursuant to Section 290 of the Penal Code shall be considered a crime substantially related to the qualifications, functions, or duties of a licensee of a healing arts board  listed in Section 720  . (c) This section shall not apply to sexual contact between a physician and surgeon and his or her spouse or person in an equivalent domestic relationship when that physician and surgeon provides medical treatment, other than psychotherapeutic treatment, to his or her spouse or person in an equivalent domestic relationship.  SEC. 14.   SEC. 15.  Section 734 is added to the Business and Professions Code, to read: 734. (a) The conviction of a charge of violating any federal statute or regulation or any statute or regulation of this state regulating dangerous drugs or controlled substances constitutes unprofessional conduct. The record of the conviction is conclusive evidence of the unprofessional conduct. A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section. (b) Discipline may be ordered against a licensee in accordance with the laws and regulations of the healing arts board or the board may order the denial of the 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 the provisions of Section 1203.4 of the Penal Code allowing that person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, complaint, information, or indictment.  SEC. 15.   SEC. 16.  Section 735 is added to the Business and Professions Code, to read: 735. A violation of any federal statute or federal regulation or any of the statutes or regulations of this state regulating dangerous drugs or controlled substances constitutes unprofessional conduct.  SEC. 16.   SEC. 17.  Section 736 is added to the Business and Professions Code, to read: 736. (a) The use or prescribing for or administering to himself or herself of any controlled substance; or the use of any of the dangerous drugs specified in Section 4022, or of alcoholic beverages, to the extent or in such a manner as to be dangerous or injurious to the licensee, or to any other person or to the public, or to the extent that the use impairs the ability of the licensee to practice safely; or any misdemeanor or felony involving the use, consumption, or self-administration of any of the substances referred to in this section, or any combination thereof, constitutes unprofessional conduct. The record of the conviction is conclusive evidence of the unprofessional conduct. (b) A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section. Discipline may be ordered against a licensee in accordance with the laws and regulations of the healing arts board or the board may order the denial of the 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 imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing that person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, complaint, information, or indictment. (c) A violation of subdivision (a) is a misdemeanor punishable by a fine of up to ten thousand dollars ($10,000), imprisonment in the county jail of up to six months, or both the fine and imprisonment.  SEC. 17.   SEC. 18.  Section 737 is added to the Business and Professions Code, to read: 737. It shall be unprofessional conduct for any licensee of a healing arts board to fail to comply with the following: (a) Furnish information in a timely manner to the healing arts board or the board's investigators or representatives if  legally  requested by the board. (b) Cooperate and participate in any  disciplinary  investigation or other regulatory or disciplinary proceeding pending against  himself or herself   the licensee  . However, this subdivision shall not be construed to deprive a licensee of any privilege guaranteed by the Fifth Amendment to the Constitution of the United States, or any other constitutional or statutory privileges. This subdivision shall not be construed to require a licensee to cooperate with a request that requires him or her to waive any constitutional or statutory privilege or to comply with a request for information or other matters within an unreasonable period of time in light of the time constraints of the licensee's practice. Any exercise by a licensee of any constitutional or statutory privilege shall not be used against the licensee in a regulatory or disciplinary proceeding against  him or her   the licensee  .  SEC. 18.   SEC. 19.  Section 802.1 of the Business and Professions Code is amended to read: 802.1. (a) (1) A licensee of a healing arts board  defined under Section 720 shall submit a written report of   listed in Section 720 shall report  any of the following to the entity that issued his or her license: (A) The bringing of an indictment or information charging a felony against the licensee. (B) The arrest of the licensee. (C) The conviction of the licensee, including any verdict of guilty, or plea of guilty or no contest, of any felony or misdemeanor. (D) Any disciplinary action taken by another licensing entity or authority of this state or of another state  or an agency of the federal government  . (2) The report required by this subdivision shall be made in writing within 30 days of the date of the bringing of the indictment or the charging of a felony, the arrest, the conviction, or the disciplinary action. (b) Failure to make a report required by this section shall be a public offense punishable by a fine not to exceed five thousand  dollars ($5,000).   dollars ($5,000) and shall constitute unprofessional conduct.   SEC. 20.   Section 802.2 is added to the   Business and Professions Code   , to read:   802.2. A licensee of a healing arts board listed in Section 720 shall identify himself or herself as a licensee of the board to law enforcement and the court upon being arrested or charged with a misdemeanor or felony. The healing arts boards shall inform its licensees of this requirement.   SEC. 19.   SEC. 21.  Section 803 of the Business and Professions Code is amended to read: 803. (a) Except as provided in subdivision (b), within 10 days after a judgment by a court of this state that a person who holds a license, certificate, or other similar authority from a healing arts board  defined   listed  in Section 720, has committed a crime, or is liable for any death or personal injury resulting in a judgment for an amount in excess of thirty thousand dollars ($30,000) caused by his or her negligence, error or omission in practice, or his or her rendering unauthorized professional services, the clerk of the court that rendered the judgment shall report that fact to the agency that issued the license, certificate, or other similar authority. (b) For purposes of a physician and surgeon, osteopathic physician and surgeon, or doctor of podiatric medicine, who is liable for any death or personal injury resulting in a judgment of any amount caused by his or her negligence, error or omission in practice, or his or her rendering unauthorized professional services, the clerk of the court that rendered the judgment shall report that fact to the board that issued the license.  SEC. 20.   SEC. 22.  Section 803.5 of the Business and Professions Code is amended to read: 803.5. (a) The district attorney, city attorney, or other prosecuting agency shall notify the  appropriate  healing arts board  defined   listed  in Section 720 and the clerk of the court in which the charges have been filed, of any filings against a licensee of that board charging a felony immediately upon obtaining information that the defendant is a licensee of the board. The notice shall identify the licensee and describe the crimes charged and the facts alleged. The prosecuting agency shall also notify the clerk of the court in which the action is pending that the defendant is a licensee, and the clerk shall record prominently in the file that the defendant holds a license from one of the boards described above. (b) The clerk of the court in which a licensee of one of the boards is convicted of a crime shall, within 48 hours after the conviction, transmit a certified copy of the record of conviction to the applicable board.  SEC. 21.   Section 803.6 of the Business and Professions Code is amended to read: 803.6. (a) The clerk of the court shall transmit any felony preliminary hearing transcript concerning a defendant licensee to the appropriate healing arts boards defined in Section 720 where the total length of the transcript is under 800 pages and shall notify the appropriate board of any proceeding where the transcript exceeds that length. (b) In any case where a probation report on a licensee is prepared for a court pursuant to Section 1203 of the Penal Code, a copy of that report shall be transmitted by the probation officer to the appropriate board.   SEC. 23.  Section 803.6 of the   Business and Professions Code   is amended to read:  803.6. (a) The clerk of the court shall transmit any felony preliminary hearing transcript concerning a defendant licensee to the  Medical Board of California, the Osteopathic Medical Board of California, the California Board of Podiatric Medicine, or other appropriate allied health board, as applicable,   appropriate healing arts board listed in Section 720  where the total length of the transcript is under 800 pages and shall notify the appropriate board of any proceeding where the transcript exceeds that length. (b) In any case where a probation report on a licensee is prepared for a court pursuant to Section 1203 of the Penal Code, a copy of that report shall be transmitted by the probation officer to the  appropriate healing arts  board.  SEC. 22.   SEC. 24.  Section 803.7 is added to the Business and Professions Code, to read: 803.7. The Department of Justice shall ensure that subsequent reports authorized to be issued to any board identified in Section 101 are submitted to that board within 30 days from notification of subsequent arrests, convictions, or other updates.  SEC. 23.   Article 15 (commencing with Section 870) is added to Chapter 1 of Division 2 of the Business and Professions Code, to read: Article 15. Healing Arts Licensing Fees 870. (a) Notwithstanding any provision of law establishing a fee or a fee range in this division, the department may annually establish a maximum fee amount for each healing arts board, as defined in Section 720, adjusted consistent with the California Consumer Price Index. (b) The department shall promulgate regulations pursuant to the Administrative Procedures Act to establish the maximum fee amount calculated pursuant to subdivision (a). (c) A healing arts board, as defined in Section 720, shall establish, through regulations, the specific amount of all fees authorized by statute at a level that is at or below the amount established pursuant to subdivision (b).   SEC. 24.   SEC. 25.  Article 16 (commencing with Section 880) is added to Chapter 1 of Division 2 of the Business and Professions Code, to read: Article 16. Unlicensed Practice 880. (a) (1) It is a public offense, punishable by a fine not to exceed one hundred thousand dollars ($100,000), by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment,  for a person to do any of the following:   for:  (A) Any person who does not hold a current and valid license to practice a healing art under this division who engages in that practice. (B) Any person who fraudulently buys, sells, or obtains a license to practice any healing art in this division or to violate any provision of this division.  (C) Any person who represents himself or herself as engaging or authorized to engage in a healing art of this division who is not authorized to do so.  (2) Subparagraph (A) of paragraph (1) shall not apply to any person who is already being charged with a crime under the specific healing arts licensing provisions for which he or she engaged in unauthorized practice. (b) Notwithstanding any other provision of law, any person who is licensed under this division, but  who is not authorized to provide some or all services of another healing art, who practices or  supervises the practice of  those unauthorized services   any person who does not hold a current and valid license to   practice a healing art under this division  , is guilty of a public crime, punishable by a fine not to exceed one hundred thousand dollars ($100,000), by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.  SEC. 26.   Section 1005 of the   Business and Professions Code   is amended to read:  1005. The provisions of Sections 12.5, 23.9, 29.5, 30, 31, 35, 104, 114, 115, 119, 121, 121.5, 125,  125.3. 125.4,  125.6,  125.9,  136, 137, 140, 141, 143,  155,  163.5, 461, 462, 475, 480, 484, 485, 487, 489, 490, 490.5, 491, 494, 495, 496, 498, 499, 510, 511, 512, 701, 702, 703, 704, 710, 716,  720.2, 720.4, 720.8, 720.10, 720.12, 720.14, 720.16, 720.18, 720.20, 720.22, 720.24, 720.28, 720.30, 720.32, 720.35, 720.36,  730.5, 731,  and   734, 735, 736, 737, 802.1, 803, 803.5, 803.6, 803.7,  851  , and 880  are applicable to persons licensed by the State Board of Chiropractic Examiners under the Chiropractic Act.  SEC. 27.   Section 1006 is added to the   Business and Professions Code  , to read:   1006. (a) Notwithstanding any other provision of law, upon receipt of evidence that a licensee of the State Board of Chiropractic Examiners has engaged in conduct that poses an imminent risk of serious harm to the public health, safety, or welfare, the executive officer may issue a temporary order that the licensee cease all practice and activities that require a license by the board. (b) Before the executive officer may take any action pursuant to this section, the board shall delegate to the executive officer authority to issue a temporary cease practice order as specified in subdivision (a). The board may, by affirmative vote, rescind the executive officer's authority to issue cease temporary practice orders pursuant to subdivision (a). (c) A licensee may appeal the temporary cease practice order decision pursuant to the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (d) Any temporary order to cease practice issued pursuant to this section shall automatically be vacated within 90 days of issuance, or until the board files a petition pursuant to Section 494 for an interim suspension order and the petition is denied or granted, whichever occurs first. (e) A licensee who fails or refuses to comply with a temporary order of the executive officer to cease practice pursuant to this section shall be subject to disciplinary action to revoke or suspend his or her license and by the board and an administrative fine assessed by the board not to exceed twenty-five thousand dollars ($25,000). The remedies provided herein are in addition to any other authority of the board to sanction a licensee for practicing or engaging in activities subject to the jurisdiction of the board without proper legal authority. (f) Upon receipt of new information, the executive officer shall review the basis for the interim license suspension order pursuant to subdivision (d) to determine if the grounds for the suspension continue to exist. The executive officer may vacate the suspension order, if he or she believes that the suspension is no longer necessary to protect the public health, safety, or welfare as described in subdivision (a) of Section 494. (g) Any order to cease practice including an order pursuant to Section 494 shall be displayed on the board's Internet Web site, except that if the executive officer vacates the suspension order pursuant to subdivision (e), the petition and order shall be removed from the respective board's Internet Web site. (h) Temporary suspension orders shall be subject to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure and shall be heard only in the superior court in, and for, the Counties of Sacramento, San Francisco, Los Angeles, or San Diego. (i) For the purposes of this section, "imminent risk of serious harm to the public health, safety, or welfare" means that there is a reasonable likelihood that permitting the licensee to continue to practice will result in serious physical or emotional injury, unlawful sexual contact, or death to an individual or individuals within the next 90 days.   SEC. 28.   Section 1007 is added to the   Business and Professions Code   , to read:   1007. (a) The State Board of Chiropractic Examiners shall report annually to the Legislature, not later than October 1 of each year, the following information: (1) The total number of consumer calls received by the board and the number of consumer calls or letters designated as discipline-related complaints. (2) The total number of complaint forms received by the board. (3) The total number of reports received by the board pursuant to Sections 801, 801.01, and 803, as applicable. (4) The total number of coroner reports received by the board. (5) The total number of convictions reported to the board. (6) The total number of criminal filings reported to the board. (7) The total number of complaints closed or resolved without discipline, prior to accusation. (8) The total number of complaints and reports referred for formal investigation. (9) The total number of accusations filed and the final disposition of accusations through the board and court review, respectively. (10) The total number of citations issued, with fines and without fines, and the number of public letters of reprimand, letters of admonishment, or other similar action issued, if applicable. (11) The total number of final licensee disciplinary actions taken, by category. (12) The total number of cases in process for more than six months, more than 12 months, more than 18 months, and more than 24 months, from receipt of a complaint by the board. (13) The average and median time in processing complaints, from original receipt of the complaint by the board, for all cases, at each stage of the disciplinary process and court review, respectively. (14) The total number of licensees in diversion or on probation for alcohol or drug abuse or mental disorder, and the number of licensees successfully completing diversion programs or probation, and failing to do so, respectively. (15) The total number of probation violation reports and probation revocation filings, and their dispositions. (16) The total number of petitions for reinstatement, and their dispositions. (17) The total number of caseloads of investigators for original cases and for probation cases, respectively. (b) "Action," for purposes of this section, includes proceedings brought by, or on behalf of, the board against licensees for unprofessional conduct that have not been finally adjudicated, as well as disciplinary actions taken against licensees.   SEC. 25.   SEC. 29.  Section 1699.2 is added to the Business and Professions Code, to read: 1699.2. This article shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date.  SEC. 26.   SEC. 30.  Section 2372 is added to the Business and Professions Code, to read: 2372. This article shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date.  SEC. 27.   SEC. 31.  Section 2669.2 is added to the Business and Professions Code, to read: 2669.2. This article shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date.  SEC. 28.   SEC. 32.  Section 2715 of the Business and Professions Code is amended to read: 2715. The board shall prosecute all persons guilty of violating the provisions of this chapter. The board, in accordance with the provisions of the Civil Service Law, may employ investigators, nurse consultants, and other personnel as it deems necessary to carry into effect the provisions of this chapter. Investigators employed by the board shall be provided special training in investigating  alleged  nursing practice  activities   violations  . The board shall have and use a seal bearing the name "Board of Registered Nursing." The board may adopt, amend, or repeal, in accordance with the provisions of Chapter 4.5 (commencing with Section 11371) of Part 1 of Division 3 of Title 2 of the Government Code, such rules and regulations as may be reasonably necessary to enable it to carry into effect the provisions of this chapter.  SEC. 29.   SEC. 33.  Section 2770.18 is added to the Business and Professions Code, to read: 2770.18. This article shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date. SEC. 34.   Section 2815.6 is added to the   Business and Professions Code   , to read:   2815.6. (a) It is the intent of the Legislature that, notwithstanding Section 128.5, in order to maintain an appropriate fund reserve, and in setting fees pursuant to this chapter, the Board of Registered Nursing shall seek to maintain a reserve in the Board of Registered Nursing Fund of not less than three and no more than six months' operating expenditures.   SEC. 30.   SEC. 35.  Section 3534.12 is added to the Business and Professions Code, to read: 3534.12. This article shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date.  SEC. 31.   SEC. 36.  Section 4375 is added to the Business and Professions Code, to read: 4375. This article shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date.  SEC. 32.   SEC. 37.  Section 4873.2 is added to the Business and Professions Code, to read: 4873.2. This article shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date.  SEC. 33.   Section 12529 of the Government Code, as amended by Section 8 of Chapter 505 of the Statutes of 2009, is amended to read: 12529. (a) There is in the Department of Justice the Health Quality Enforcement Section. The primary responsibility of the section is to investigate and prosecute proceedings against licensees and applicants within the jurisdiction of the Medical Board of California, the California Board of Podiatric Medicine, the Board of Psychology, any committee under the jurisdiction of the Medical Board of California, or any other healing arts board, as defined in Section 720 of the Business and Professions Code, as requested by the executive officer of that board. (b) The Attorney General shall appoint a Senior Assistant Attorney General of the Health Quality Enforcement Section. The Senior Assistant Attorney General of the Health Quality Enforcement Section shall be an attorney in good standing licensed to practice in the State of California, experienced in prosecutorial or administrative disciplinary proceedings and competent in the management and supervision of attorneys performing those functions. (c) The Attorney General shall ensure that the Health Quality Enforcement Section is staffed with a sufficient number of experienced and able employees that are capable of handling the most complex and varied types of disciplinary actions against the licensees of the boards. (d) Funding for the Health Quality Enforcement Section shall be budgeted in consultation with the Attorney General from the special funds financing the operations of the Medical Board of California, the California Board of Podiatric Medicine, the Board of Psychology, the committees under the jurisdiction of the Medical Board of California, and any other healing arts board, as defined in Section 720 of the Business and Professions Code, with the intent that the expenses be proportionally shared as to services rendered. (e) This section shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date.   SEC. 34.   Section 12529 of the Government Code, as amended by Section 9 of Chapter 505 of the Statutes of 2009, is amended to read: 12529. (a) There is in the Department of Justice the Health Quality Enforcement Section. The primary responsibility of the section is to prosecute proceedings against licensees and applicants within the jurisdiction of the Medical Board of California, the California Board of Podiatric Medicine, the Board of Psychology, any committee under the jurisdiction of the Medical Board of California, or any other healing arts board, as defined in Section 720 of the Business and Professions Code, as requested by the executive officer of that board, and to provide ongoing review of the investigative activities conducted in support of those prosecutions, as provided in subdivision (b) of Section 12529.5. (b) The Attorney General shall appoint a Senior Assistant Attorney General of the Health Quality Enforcement Section. The Senior Assistant Attorney General of the Health Quality Enforcement Section shall be an attorney in good standing licensed to practice in the State of California, experienced in prosecutorial or administrative disciplinary proceedings and competent in the management and supervision of attorneys performing those functions. (c) The Attorney General shall ensure that the Health Quality Enforcement Section is staffed with a sufficient number of experienced and able employees that are capable of handling the most complex and varied types of disciplinary actions against the licensees of the boards. (d) Funding for the Health Quality Enforcement Section shall be budgeted in consultation with the Attorney General from the special funds financing the operations of the Medical Board of California, the California Board of Podiatric Medicine, the Board of Psychology, the committees under the jurisdiction of the Medical Board of California, and any other healing arts board, as defined in Section 720 of the Business and Professions Code, with the intent that the expenses be proportionally shared as to services rendered. (e) This section shall become operative January 1, 2013.   SEC. 35.   Section 12529.5 of the Government Code, as amended by Section 10 of Chapter 505 of the Statutes of 2009, is amended to read: 12529.5. (a) All complaints or relevant information concerning licensees that are within the jurisdiction of the Medical Board of California, the California Board of Podiatric Medicine, or the Board of Psychology shall be made available to the Health Quality Enforcement Section. Complaints or relevant information may be referred to the Health Quality Enforcement Section as determined by the executive officer of any other healing arts board, as defined in Section 720 of the Business and Professions Code. (b) The Senior Assistant Attorney General of the Health Quality Enforcement Section shall assign attorneys to work on location at the intake unit of the Medical Board of California, the California Board of Podiatric Medicine, or the Board of Psychology, and shall assign attorneys to work on location at the Health Quality Enforcement Unit of the Division of Investigation of the Department of Consumer Affairs to assist in evaluating and screening complaints and to assist in developing uniform standards and procedures for processing complaints. (c) The Senior Assistant Attorney General or his or her deputy attorneys general shall assist the boards, committees, and the Division of Investigation in designing and providing initial and in-service training programs for staff of the boards or committees, including, but not limited to, information collection and investigation. (d) The determination to bring a disciplinary proceeding against a licensee of the boards shall be made by the executive officer of the boards or committees as appropriate in consultation with the senior assistant. (e) This section shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date.   SEC. 36.   Section 12529.5 of the Government Code, as amended by Section 11 of Chapter 505 of the Statutes of 2009, is amended to read: 12529.5. (a) All complaints or relevant information concerning licensees that are within the jurisdiction of the Medical Board of California, the California Board of Podiatric Medicine, or the Board of Psychology shall be made available to the Health Quality Enforcement Section. Complaints or relevant information may be referred to the Health Quality Enforcement Section as determined by the executive officer of any other healing arts board, as defined in Section 720 of the Business and Professions Code. (b) The Senior Assistant Attorney General of the Health Quality Enforcement Section shall assign attorneys to assist the boards in intake and investigations, shall assign attorneys to work on location at the Health Quality Enforcement Unit of the Division of Investigation of the Department of Consumer Affairs, and to direct discipline-related prosecutions. Attorneys shall be assigned to work closely with each major intake and investigatory unit of the boards, to assist in the evaluation and screening of complaints from receipt through disposition and to assist in developing uniform standards and procedures for the handling of complaints and investigations. A deputy attorney general of the Health Quality Enforcement Section shall frequently be available on location at each of the working offices at the major investigation centers of the boards, to provide consultation and related services and engage in case review with the boards' investigative, medical advisory, and intake staff and the Division of Investigation. The Senior Assistant Attorney General and deputy attorneys general working at his or her direction shall consult as appropriate with the investigators of the boards, medical advisors, and executive staff in the investigation and prosecution of disciplinary cases. (c) The Senior Assistant Attorney General or his or her deputy attorneys general shall assist the boards or committees in designing and providing initial and in-service training programs for staff of the boards or committees, including, but not limited to, information collection and investigation. (d) The determination to bring a disciplinary proceeding against a licensee of the boards shall be made by the executive officer of the boards or committees as appropriate in consultation with the senior assistant. (e) This section shall become operative January 1, 2013.   SEC. 37.   Section 12529.6 of the Government Code is amended to read: 12529.6. (a) The Legislature finds and declares that the healing arts boards, as defined in Section 720 of the Business and Professions Code, by ensuring the quality and safety of health care, perform one of the most critical functions of state government. Because of the critical importance of a board's public health and safety function, the complexity of cases involving alleged misconduct by health care practitioners, and the evidentiary burden in a healing arts board's disciplinary cases, the Legislature finds and declares that using a vertical enforcement and prosecution model for those investigations is in the best interests of the people of California. (b) Notwithstanding any other provision of law, each complaint that is referred to a district office of the Medical Board of California, the California Board of Podiatric Medicine, the Board of Psychology, or the Health Quality Enforcement Unit for investigation shall be simultaneously and jointly assigned to an investigator and to the deputy attorney general in the Health Quality Enforcement Section responsible for prosecuting the case if the investigation results in the filing of an accusation. The joint assignment of the investigator and the deputy attorney general shall exist for the duration of the disciplinary matter. During the assignment, the investigator so assigned shall, under the direction but not the supervision of the deputy attorney general, be responsible for obtaining the evidence required to permit the Attorney General to advise the board on legal matters such as whether the board should file a formal accusation, dismiss the complaint for a lack of evidence required to meet the applicable burden of proof, or take other appropriate legal action. (c) The Medical Board of California, the Department of Consumer Affairs, and the Office of the Attorney General shall, if necessary, enter into an interagency agreement to implement this section. (d) This section does not affect the requirements of Section 12529.5 as applied to the Medical Board of California where complaints that have not been assigned to a field office for investigation are concerned. (e) It is the intent of the Legislature to enhance the vertical enforcement and prosecution model as set forth in subdivision (a). The Medical Board of California shall do all of the following: (1) Increase its computer capabilities and compatibilities with the Health Quality Enforcement Section in order to share case information. (2) Establish and implement a plan to collocate, when feasible, its enforcement staff and the staff of the Health Quality Enforcement Section, in order to carry out the intent of the vertical enforcement and prosecution model. (3) Establish and implement a plan to assist in team building between its enforcement staff and the staff of the Health Quality Enforcement Section in order to ensure a common and consistent knowledge base. (f) This section shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date.   SEC. 38.   Section 12529.7 of the Government Code is amended to read: 12529.7. By March 1, 2012, the Department of Consumer Affairs, in consultation with the healing arts boards, as defined in Section 720 of the Business and Professions Code, and the Department of Justice, shall report and make recommendations to the Governor and the Legislature on the vertical enforcement and prosecution model created under Section 12529.6.   SEC. 38.   Section 12529.8 is added to the   Government Code   , to read:   12529.8. (a) Any healing arts board listed in Section 720 of the Business and Professions Code may utilize the model prescribed in Sections 12529 to 12529.6, inclusive, for the investigation and prosecution of some or all of its enforcement actions and may utilize the services of the Department of Justice Health Quality Enforcement Section or the licensing section. If a board elects to proceed pursuant to this section and utilizes the services of the licensing section, the Department of Justice shall assign attorneys to work on location at the licensing unit of the Division of Investigation of the Department of Consumer Affairs. (b) The report requirements contained in Section 12529.7 shall apply to any healing arts board that utilizes those provisions for enforcement. (c) This section shall not apply to any healing arts board listed in subdivision (a) of Section 12529.  SEC. 39. Section 830.3 of the Penal Code is amended to read: 830.3. The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 of the Penal Code as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. These peace officers may carry firearms only if authorized and under those terms and conditions as specified by their employing agencies: (a) Persons employed by the Division of Investigation of the Department of Consumer Affairs and investigators of the Medical Board of California, the Dental Board of California, and the Board of Registered Nursing who are designated by the Director of Consumer Affairs, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 160 of the Business and Professions Code. (b) Voluntary fire wardens designated by the Director of Forestry and Fire Protection pursuant to Section 4156 of the Public Resources Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 4156 of that code. (c) Employees of the Department of Motor Vehicles designated in Section 1655 of the Vehicle Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 1655 of that code. (d) Investigators of the California Horse Racing Board designated by the board, provided that the primary duty of these peace officers shall be the enforcement of Chapter 4 (commencing with Section 19400) of Division 8 of the Business and Professions Code and Chapter 10 (commencing with Section 330) of Title 9 of Part 1 of this code. (e) The State Fire Marshal and assistant or deputy state fire marshals appointed pursuant to Section 13103 of the Health and Safety Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 13104 of that code. (f) Inspectors of the food and drug section designated by the chief pursuant to subdivision (a) of Section 106500 of the Health and Safety Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 106500 of that code. (g) All investigators of the Division of Labor Standards Enforcement designated by the Labor Commissioner, provided that the primary duty of these peace officers shall be the enforcement of the law as prescribed in Section 95 of the Labor Code. (h) All investigators of the State Departments of Health Care Services, Public Health, Social Services, Mental Health, and Alcohol and Drug Programs, the Department of Toxic Substances Control, the Office of Statewide Health Planning and Development, and the Public Employees' Retirement System, provided that the primary duty of these peace officers shall be the enforcement of the law relating to the duties of his or her department or office. Notwithstanding any other provision of law, investigators of the Public Employees' Retirement System shall not carry firearms. (i) The Chief of the Bureau of Fraudulent Claims of the Department of Insurance and those investigators designated by the chief, provided that the primary duty of those investigators shall be the enforcement of Section 550. (j) Employees of the Department of Housing and Community Development designated under Section 18023 of the Health and Safety Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 18023 of that code. (k) Investigators of the office of the Controller, provided that the primary duty of these investigators shall be the enforcement of the law relating to the duties of that office. Notwithstanding any other law, except as authorized by the Controller, the peace officers designated pursuant to this subdivision shall not carry firearms. (l) Investigators of the Department of Corporations designated by the Commissioner of Corporations, provided that the primary duty of these investigators shall be the enforcement of the provisions of law administered by the Department of Corporations. Notwithstanding any other provision of law, the peace officers designated pursuant to this subdivision shall not carry firearms. (m) Persons employed by the Contractors' State License Board designated by the Director of Consumer Affairs pursuant to Section 7011.5 of the Business and Professions Code, provided that the primary duty of these persons shall be the enforcement of the law as that duty is set forth in Section 7011.5, and in Chapter 9 (commencing with Section 7000) of Division 3, of that code. The Director of Consumer Affairs may designate as peace officers not more than three persons who shall at the time of their designation be assigned to the special investigations unit of the board. Notwithstanding any other provision of law, the persons designated pursuant to this subdivision shall not carry firearms. (n) The Chief and coordinators of the Law Enforcement Division of the Office of Emergency Services. (o) Investigators of the office of the Secretary of State designated by the Secretary of State, provided that the primary duty of these peace officers shall be the enforcement of the law as prescribed in Chapter 3 (commencing with Section 8200) of Division 1 of Title 2 of, and Section 12172.5 of, the Government Code. Notwithstanding any other provision of law, the peace officers designated pursuant to this subdivision shall not carry firearms. (p) The Deputy Director for Security designated by Section 8880.38 of the Government Code, and all lottery security personnel assigned to the California State Lottery and designated by the director, provided that the primary duty of any of those peace officers shall be the enforcement of the laws related to  assuring   ensuring  the integrity, honesty, and fairness of the operation and administration of the California State Lottery. (q) Investigators employed by the Investigation Division of the Employment Development Department designated by the director of the department, provided that the primary duty of those peace officers shall be the enforcement of the law as that duty is set forth in Section 317 of the Unemployment Insurance Code. Notwithstanding any other provision of law, the peace officers designated pursuant to this subdivision shall not carry firearms. (r) The chief and assistant chief of museum security and safety of the California Science Center, as designated by the executive director pursuant to Section 4108 of the Food and Agricultural Code, provided that the primary duty of those peace officers shall be the enforcement of the law as that duty is set forth in Section 4108 of the Food and Agricultural Code. (s) Employees of the Franchise Tax Board designated by the board, provided that the primary duty of these peace officers shall be the enforcement of the law as set forth in Chapter 9 (commencing with Section 19701) of Part 10.2 of Division 2 of the Revenue and Taxation Code. (t) Notwithstanding any other provision of this section, a peace officer authorized by this section shall not be authorized to carry firearms by his or her employing agency until that agency has adopted a policy on the use of deadly force by those peace officers, and until those peace officers have been instructed in the employing agency's policy on the use of deadly force. Every peace officer authorized pursuant to this section to carry firearms by his or her employing agency shall qualify in the use of the firearms at least every six months. (u) Investigators of the Department of Managed Health Care designated by the Director of the Department of Managed Health Care, provided that the primary duty of these investigators shall be the enforcement of the provisions of laws administered by the Director of the Department of Managed Health Care. Notwithstanding any other provision of law, the peace officers designated pursuant to this subdivision shall not carry firearms. (v) The Chief, Deputy Chief, supervising investigators, and investigators of the Office of Protective Services of the State Department of Developmental Services, provided that the primary duty of each of those persons shall be the enforcement of the law relating to the duties of his or her department or office. SEC. 40. (a) It is the intent of the Legislature that the Department of Consumer Affairs shall, on or before December 31, 2012, establish an enterprise information technology system necessary to electronically create and update healing arts license information, track enforcement cases, and allocate enforcement efforts pertaining to healing arts licensees. The Legislature intends the system to be designed as an integrated system to support all business automation requirements of the department's licensing and enforcement functions. (b) The Legislature also intends the department to enter into contracts for telecommunication, programming, data analysis, data processing, and other services necessary to develop, operate, and maintain the enterprise information technology system. SEC. 41. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.