California Senate Bill SB1172 Introduced / Bill

 BILL NUMBER: SB 1172INTRODUCED BILL TEXT INTRODUCED BY Senator Negrete McLeod FEBRUARY 18, 2010 An act to amend Sections 156, 1695, 2360, 2662, 2770, 3534, 4360, and 4860 of the Business and Professions Code, relating to regulatory boards. LEGISLATIVE COUNSEL'S DIGEST SB 1172, as introduced, Negrete McLeod. Regulatory boards. Existing law provides for the regulation of specified professions and vocations by various boards, as defined, within the Department of Consumer Affairs. The department is under the control of the Director of Consumer Affairs. Existing law authorizes the director to enter into contracts for and on behalf of any board within the department. This bill would make a technical, nonsubstantive change to that provision. Existing law establishes diversion and recovery programs to identify and rehabilitate dentists, osteopathic physicians and surgeons, physical therapists, physical therapy assistants, registered nurses, physician assistants, pharmacists and intern pharmacists, veterinarians, and registered veterinary technicians whose competency may be impaired due to, among other things, alcohol and drug abuse. This bill would, with respect to those programs, revise references to alcohol and drug abuse to include other substances. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 156 of the Business and Professions Code is amended to read: 156. (a) The director may, for the department and at the request and with the consent of a board  or bureau  within the department on whose behalf the contract is to be made, enter into contracts pursuant to Chapter 3 (commencing with Section 11250) of Part 1 of Division 3 of Title 2 of the Government Code or Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code for and on behalf of any board  or bureau  within the department. (b) In accordance with subdivision (a), the director may, in his or her discretion, negotiate and execute contracts for examination purposes  which  that  include provisions  which   that  hold harmless a contractor where liability resulting from a contract between a board in the department and the contractor is traceable to the state or its officers, agents, or employees. SEC. 2. Section 1695 of the Business and Professions Code is amended to read: 1695. It is the intent of the Legislature that the  Dental  Board of  Dental Examiners of  California seek ways and means to identify and rehabilitate  licentiates   licensees  whose competency may be impaired due to abuse of dangerous drugs or alcohol  or other substances  , so that  licentiates   licensees  so afflicted may be treated and returned to the practice of dentistry in a manner  which   that  will not endanger the public health and safety. It is also the intent of the Legislature that the  Dental  Board  of Dental Examiners  of California shall implement this legislation in part by establishing a diversion program as a voluntary alternative approach to traditional disciplinary actions. SEC. 3. Section 2360 of the Business and Professions Code is amended to read: 2360. It is the intent of the Legislature that the Osteopathic Medical Board of California seek ways and means to identify and rehabilitate osteopathic physicians and surgeons whose competency may be impaired due to abuse of dangerous drugs  and   or  alcohol  or other substances  , so that osteopathic physicians and surgeons so afflicted may be treated and returned to the practice of medicine in a manner  which   that  will not endanger the public health and safety. It is also the intent of the Legislature that the Osteopathic Medical Board of California shall implement this legislation by establishing a diversion program as a voluntary alternative approach to traditional disciplinary actions. SEC. 4. Section 2662 of the Business and Professions Code is amended to read: 2662. It is the intent of the Legislature that the board shall seek ways and means to identify and rehabilitate physical therapists and physical therapist assistants whose competency is impaired due to abuse of dangerous drugs or alcohol  or other substances  so that they may be treated and returned to the practice of physical therapy in a manner  which   that  will not endanger the public health and safety. SEC. 5. Section 2770 of the Business and Professions Code is amended to read: 2770. It is the intent of the Legislature that the Board of Registered Nursing seek ways and means to identify and rehabilitate registered nurses whose competency may be impaired due to abuse of alcohol  and other   or  drugs  or other substances  , or due to mental illness so that registered nurses so afflicted may be rehabilitated and returned to the practice of nursing in a manner  which   that  will not endanger the public health and safety. It is also the intent of the Legislature that the Board of Registered Nursing shall implement this legislation by establishing a diversion program as a voluntary alternative to traditional disciplinary actions. SEC. 6. Section 3534 of the Business and Professions Code is amended to read: 3534. (a) It is the intent of the Legislature that the examining committee shall seek ways and means to identify and rehabilitate physician assistants whose competency is impaired due to abuse of dangerous drugs or alcohol  or other substances  so that they may be treated and returned to the practice of medicine in a manner which   that  will not endanger the public health and safety. SEC. 7. Section 4360 of the Business and Professions Code is amended to read: 4360. The board shall operate a pharmacists recovery program to rehabilitate pharmacists and intern pharmacists whose competency may be impaired due to abuse of alcohol  or other substances  , drug use, or mental illness. The intent of the pharmacists recovery program is to return these pharmacists and intern pharmacists to the practice of pharmacy in a manner that will not endanger the public health and safety. SEC. 8. Section 4860 of the Business and Professions Code is amended to read: 4860. It is the intent of the Legislature that the Veterinary Medical Board seek ways and means to identify and rehabilitate veterinarians and registered veterinary technicians with impairment due to abuse of dangerous drugs or alcohol  or other substances  , affecting competency so that veterinarians and registered veterinary technicians so afflicted may be treated and returned to the practice of veterinary medicine in a manner that will not endanger the public health and safety.