California Senate Bill SB305 Amended / Bill

 BILL NUMBER: SB 305AMENDED BILL TEXT AMENDED IN SENATE APRIL 15, 2013 INTRODUCED BY Senator Price  (   Principal coauthor:   Assembly Member   Gordon   )  FEBRUARY 15, 2013 An act to amend Sections 2450, 2450.3,  2569, 3010.5, 3014.6,  3685, 3686, 3710,  and  3716  , and 3765  of  , and to add Section 144.5 to,  the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGEST SB 305, as amended, Price. Healing arts: boards.  Existing law requires specified regulatory boards within the Department of Consumer Affairs to require an applicant for licensure to furnish to the board a full set of fingerprints in order to conduct a criminal history record check.   This bill would additionally authorize those boards to request and receive from a local or state agency certified records of all arrests and convictions, certified records regarding probation, and any and all other related documentation needed to complete an applicant or licensee investigation and would authorize a local or state agency to provide those records to the board upon request.  Existing law, the Osteopathic Act,  establishes the Osteopathic Medical Board of California, which issues certificates to, and regulates, osteopathic physicians and surgeons.   provides for the licensure and regulation of osteopathic physicians and surgeons by the Osteopathic Medical Board of California.  This bill would require that the powers and duties of the board, as provided, be subject to review by the appropriate policy committees of the Legislature. The bill would require that  the  review be performed as if  those   these  provisions were scheduled to be repealed as of January 1, 2018. Existing law, the Naturopathic Doctors Act,  until January 1, 2014,  provides for the licensure and regulation of naturopathic doctors by the Naturopathic Medicine Committee within the Osteopathic Medical Board of California.  Existing law repeals these provisions on January 1, 2014.  Existing law also specifies that the  repeal of the  committee  is subject   subjects it  to review by the appropriate policy committees of the Legislature. This bill would  instead repeal those provisions on January 1, 2018,   extend the operation of these provisions until January 1, 2018,  and make conforming changes.  Existing law provides for the regulation of dispensing opticians, as defined, by the Medical Board of California.   This bill would require that the powers and duties of the board, as provided, be subject to review by the appropriate policy committees of the Legislature. The bill would require that the review be performed as if these provisions were scheduled to be repealed as of January 1, 2018.  Existing law  , the Optometry Practice Act, provides for the licensure   and regulation of optometrists by the State Board of Optometry. The Respiratory Care Act  provides for the licensure and regulation of respiratory care practitioners by the Respiratory Care Board of California.  Existing law   Each of those acts  authorizes the board to employ an executive officer. Existing law repeals these provisions on January 1, 2014 and subjects the  board   boards  to review by the Joint  Sunset Review Committee  Committee on Boards, Commissions, and Consumer Protection  . This bill would  instead repeal those provisions on January 1, 2018,   extend the operation of these provisions until January 1,   2018,  and provide that the  committee is subject to   repeal of these provisions subjects the boards to  review by the appropriate policy committees of the Legislature.  The Respiratory Care Act also prohibits a person from engaging in the practice of respiratory care unless he or she is a licensed respiratory care practitioner. However, the act does not prohibit specified acts, including, among others, the performance of respiratory care services in case of an emergency or self-care by a patient.   This bill would additionally authorize the performance of pulmonary function testing by persons who are currently employed by Los Angeles county hospitals and have performed pulmonary function testing for at least 15 years.   This bill would make legislative findings and declarations as to the necessity of a special statute for the persons described above.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 144.5 is added to the   Business and Professions Code   , to read:   144.5. Notwithstanding any other law, a board described in Section 144 may request, and is authorized to receive, from a local or state agency certified records of all arrests and convictions, certified records regarding probation, and any and all other related documentation needed to complete an applicant or licensee investigation. A local or state agency may provide those records to the board upon request.   SECTION 1.   SEC. 2.  Section 2450 of the Business and Professions Code is amended to read: 2450. There is a Board of Osteopathic Examiners of the State of California, established by the Osteopathic Act, which shall be known as the Osteopathic Medical Board of California which enforces this chapter relating to persons holding or applying for physician's and surgeon's certificates issued by the Osteopathic Medical Board of California under the Osteopathic Act. Persons who elect to practice using the term of suffix "M.D.," as provided in Section 2275, shall not be subject to this article, and the Medical Board of California shall enforce the provisions of this chapter relating to persons who made the election. Notwithstanding any other law, the powers and duties of the Osteopathic Medical Board of California, as set forth in this article and under the Osteopathic Act, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2018.  SEC. 2.   SEC. 3.  Section 2450.3 of the Business and Professions Code is amended to read: 2450.3. There is within the jurisdiction of the Osteopathic Medical Board of California a Naturopathic Medicine Committee authorized under the Naturopathic Doctors Act (Chapter 8.2 (commencing with Section 3610)). This section shall become inoperative on January 1, 2018, and, as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2018, deletes or extends that date. Notwithstanding any other provision of law, the repeal of this section renders the Naturopathic Medicine Committee subject to review by the appropriate policy committees of the Legislature.  SEC. 4.   Section 2569 of the   Business and Professions Code   is amended to read:  2569.  The   Notwithstanding any other law, the  powers and duties of the board, as set forth in this chapter, shall be subject to  the  review  required by Division 1.2 (commencing with Section 473).   by the appropriate policy committees of the Legislature.  The review shall be performed as if this chapter were scheduled to be repealed as of January 1,  2014, as described in Section 473.1.   2018.   SEC. 5.   Section 3010.5 of the   Business and Professions Code   is amended to read:  3010.5. (a) There is in the Department of Consumer Affairs a State Board of Optometry in which the enforcement of this chapter is vested. The board consists of 11 members, five of whom shall be public members. Six members of the board shall constitute a quorum. (b) The board shall, with respect to conducting investigations, inquiries, and disciplinary actions and proceedings, have the authority previously vested in the board as created pursuant to Section 3010. The board may enforce any disciplinary actions undertaken by that board. (c) This section shall remain in effect only until January 1,  2014,   2018,  and as of that date is repealed, unless a later enacted statute, that is enacted before January 1,  2014,  2018,  deletes or extends that date.  The   Notwithstanding any other law, the  repeal of this section renders the board subject to  the  review  required by Division 1.2 (commencing with Section 473).   by the appropriate policy committees of   the Legislature.   SEC. 6.   Section 3014.6 of the   Business and Professions Code   is amended to read:  3014.6. (a) The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter. (b) This section shall remain in effect only until January 1,  2014,   2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1,  2014,   2018,  deletes or extends that date.  SEC. 3.   SEC. 7.  Section 3685 of the Business and Professions Code is amended to read: 3685. Notwithstanding any other law, the repeal of this chapter renders the committee subject to review by the appropriate policy committees of the Legislature.  SEC. 4.   SEC. 8.  Section 3686 of the Business and Professions Code is amended to read: 3686. This chapter shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.  SEC. 5.   SEC. 9.  Section 3710 of the Business and Professions Code is amended to read: 3710. (a) The Respiratory Care Board of California, hereafter referred to as the board, shall enforce and administer this chapter. (b) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.  SEC. 6.   SEC. 10.  Section 3716 of the Business and Professions Code is amended to read: 3716. The board may employ an executive officer exempt from civil service and, subject to the provisions of law relating to civil service, clerical assistants and, except as provided in Section 159.5, other employees as it may deem necessary to carry out its powers and duties. This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.  SEC. 11.   Section 3765 of the   Business and Professions Code   is amended to read:  3765. This act does not prohibit any of the following activities: (a) The performance of respiratory care that is an integral part of the program of study by students enrolled in approved respiratory therapy training programs. (b) Self-care by the patient or the gratuitous care by a friend or member of the family who does not represent or hold himself or herself out to be a respiratory care practitioner licensed under the provisions of this chapter. (c) The respiratory care practitioner from performing advances in the art and techniques of respiratory care learned through formal or specialized training. (d) The performance of respiratory care in an emergency situation by paramedical personnel who have been formally trained in these modalities and are duly licensed under the provisions of an act pertaining to their speciality. (e) Respiratory care services in case of an emergency. "Emergency," as used in this subdivision, includes an epidemic or public disaster. (f) Persons from engaging in cardiopulmonary research. (g) Formally trained licensees and staff of child day care facilities from administering to a child inhaled medication as defined in Section 1596.798 of the Health and Safety Code. (h) The performance by a person employed by a home medical device retail facility or by a home health agency licensed by the State Department of Health Services of specific, limited, and basic respiratory care or respiratory care related services that have been authorized by the board.  (i) The performance of pulmonary function testing by persons who are currently employed by Los Angeles county hospitals and have performed pulmonary function testing for at least 15 years.   SEC. 12.   The Legislature finds and declares that a special law, as set forth in Section 11 of this act, is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances relating to persons who are currently employed by Los Angeles county hospitals and have performed pulmonary function testing for at least 15 years.