California Senate Bill SB467 Amended / Bill

 BILL NUMBER: SB 467AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 29, 2015 AMENDED IN SENATE APRIL 21, 2015 INTRODUCED BY Senator Hill FEBRUARY 25, 2015 An act to amend Sections 201, 5000, and 5015.6 of, and to add Sections 312.2, 328, and 5100.5 to, the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGEST SB 467, as amended, Hill. Professions and vocations. Existing law provides for the licensure and regulation of various professions and vocations by boards, bureaus, commissions, divisions, and other agencies within the Department of Consumer Affairs. Existing law authorizes the department to levy a pro rata share of the department's administrative expenses against any of these constituent agencies at the discretion of the Director of Consumer Affairs and with the approval of the Department of Finance. This bill would eliminate the requirement that the levy described above be at the discretion of the Director of Consumer Affairs and with the approval of the Department of Finance, and would instead require the levy to be approved by the Legislature. Existing law requires an agency within the department to investigate a consumer accusation or complaint against a licensee and, where appropriate, the agency is authorized to impose disciplinary action against a licensee. Under existing law, an agency within the department may refer a complaint to the Attorney General or Office of Administrative Hearings for further action. This bill would require the Attorney General to submit a report to the department, the Governor, and the appropriate policy committees of the Legislature, on or before January 1,  2017,   2018,  and on or before January 1 of each subsequent year, that includes specified information regarding the actions taken by the Attorney General pertaining to  accusations and cases   accusation matters  relating to consumer complaints against a person whose profession or vocation is licensed by an agency within the department. Existing law creates the Division of Investigation within the department and requires investigators who have the authority of peace officers to be in the division to investigate 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. This bill would, in order to implement  specified complaint prioritization guidelines,   the Consumer Protection Enforcement Initiative of 2010,  require the Director of Consumer Affairs, through the Division of Investigation, to  work cooperatively with the health care boards to standardize   implement   "Complaint Prioritization Guidelines   " for boards to utilize in prioritizing their complaint and investigative workloads and to determine the  referral of complaints to the division and those that are retained by the health care boards for investigation. Under existing law, the California Board of Accountancy within the department is responsible for the licensure and regulation of accountants and is required to designate an execute officer. Existing law repeals these provisions on January 1, 2016. This bill would extend the repeal date to January 1, 2020. Existing law authorizes the California Board of Accountancy, after notice and hearing, to revoke, suspend, or refuse to renew any permit or certificate, as specified, or to censure the holder of that permit or certificate for unprofessional conduct. This bill would additionally authorize the board, after notice and hearing, to permanently restrict or limit the practice of a licensee or impose a probationary term or condition on a licence for unprofessional conduct. This bill would authorize a licensee to petition the board for reduction of penalty or reinstatement of the privilege, as specified, and would provide that failure to comply with any restriction or limitation imposed by the board is grounds for revocation of the license. 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 201 of the Business and Professions Code is amended to read: 201. (a) (1) A charge for the estimated administrative expenses of the department, not to exceed the available balance in any appropriation for any one fiscal year, may be levied in advance on a pro rata share basis against any of the boards, bureaus, commissions, divisions, and agencies, with the approval of the Legislature. (2) The department shall submit a report of the accounting of the pro rata calculation of administrative expenses to the appropriate policy committees of the Legislature on or before July 1, 2015, and on or before July 1 of each subsequent year. (b) The department shall conduct a one-time study of its current system for prorating administrative expenses to determine if that system is the most productive, efficient, and cost-effective manner for the department and the agencies comprising the department. The study shall include consideration of whether some of the administrative services offered by the department should be outsourced or charged on an as-needed basis and whether the agencies should be permitted to elect not to receive and be charged for certain administrative services. The department shall include the findings in its report pursuant to paragraph (2) of subdivision (a) that it is required to submit on or before July 1, 2015. SEC. 2. Section 312.2 is added to the Business and Professions Code, to read: 312.2. (a) The Attorney General shall submit a report to the department, the Governor, and the appropriate policy committees of the Legislature on or before January 1,  2017,   2018,  and on or before January 1 of each subsequent year that includes, at a minimum, all of the following for the previous fiscal  year:   year for each constituent entity within the department represented by the Licensing Section and Health Quality Enforcement   Section of the Office of the Attorney General:  (1) The number of  cases   accusation matters  referred to the  Attorney General by each constituent entity within the department.   Attorney General.  (2) The number of  cases referred by the Attorney General back to each constituent entity with no further action.   accusation matters rejected for filing by the Attorney General.  (3) The number of  cases rereferred by a constituent entity to the Attorney General after each constituent entity or the Division of Investigation completes a supplemental investigation.   accusation matters for which further investigation was requested by the Attorney General.   (4) The number of accusation matters for which further investigation was received by the Attorney General.   (4)   (5)  The number of accusations filed by each constituent entity.  (5)   (6)  The number of accusations a constituent entity withdraws.  (7) The number of accusation matters adjudicated by the Attorney General.   (b) The Attorney General shall also report all of the following for accusation matters adjudicated within the previous fiscal year for each constituent entity of the department represented by the Licensing Section and Health Quality Enforcement Section:   (6)   (1)  The average number of days from the Attorney General receiving  a case to filing an accusation on behalf of each   an accusation referral to when an accusation is filed by the  constituent entity.  (7)   (2)  The average number of days to prepare an accusation for a case that is rereferred to the Attorney General after  a supplemental   further  investigation is  conducted by staff of   received by the Attorney General from  a constituent entity or the  Division of Investigation for each constituent entity.   Division of Investigation.   (8)   (3) The average number of days from  an agency  filing an accusation to  the Attorney General  transmitting a stipulated settlement  for each   to the  constituent entity.  (9)   (4)  The average number of days from  an agency  filing an accusation to  the Attorney General  transmitting a default decision  for each   to the  constituent entity.  (10)   (5)  The average number of days from  an agency  filing an accusation to  scheduling a hearing for each constituent entity.   the Attorney General requesting a hearing date from the Office of Administrative Hearings.   (11)  (6)  The average number of days from  scheduling a hearing to conducting a hearing for each constituent entity.   the Attorney General's receipt of a hearing date from the Office of Administrative Hearings to the commencement of a hearing.   (b)   (c)  A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. SEC. 3. Section 328 is added to the Business and Professions Code, to read: 328. In order to implement the  complaint prioritization guidelines as described in the memorandum dated August 31, 2009, by Brian J. Stiger titled "Complaint Prioritization Guidelines for Health Care Agencies,"   Consumer Protection Enforcement Initiative of 2010,  the director, through the Division of Investigation,  shall work cooperatively with the health care boards to standardize   shall implement   "Complaint   Prioritization Guidelines   " for boards to utilize in prioritizing their respective complaint and investigative workloads. The guidelines shall be used to determine the  referral of complaints to the division and those that are retained by the health care boards for investigation. SEC. 4. Section 5000 of the Business and Professions Code is amended to read: 5000. (a) There is in the Department of Consumer Affairs the California Board of Accountancy, which consists of 15 members, 7 of whom shall be licensees, and 8 of whom shall be public members who shall not be licentiates of the board or registered by the board. The board has the powers and duties conferred by this chapter. (b) The Governor shall appoint four of the public members, and the seven licensee members as provided in this section. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint two public members. In appointing the seven licensee members, the Governor shall appoint individuals representing a cross section of the accounting profession. (c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. (d) Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. However, the review of the board shall be limited to reports or studies specified in this chapter and those issues identified by the appropriate policy committees of the Legislature and the board regarding the implementation of new licensing requirements. SEC. 5. Section 5015.6 of the Business and Professions Code is amended to read: 5015.6. 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. This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 6. Section 5100.5 is added to the Business and Professions Code, to read: 5100.5. (a) After notice and hearing the board may, for unprofessional conduct, permanently restrict or limit the practice of a licensee or impose a probationary term or condition on a license, which prohibits the licensee from performing or engaging in any of the acts or services described in Section 5051. (b) A licensee may petition the board pursuant to Section 5115 for reduction of penalty or reinstatement of the privilege to engage in the service or act restricted or limited by the board. (c) The authority or sanctions provided by this section are in addition to any other civil, criminal, or administrative penalties or sanctions provided by law, and do not supplant, but are cumulative to, other disciplinary authority, penalties, or sanctions. (d) Failure to comply with any restriction or limitation imposed by the board pursuant to this section is grounds for revocation of the license. (e) For purposes of this section, both of the following shall apply: (1) "Unprofessional conduct" includes, but is not limited to, those grounds for discipline or denial listed in Section 5100. (2) "Permanently restrict or limit the practice of" includes, but is not limited to, the prohibition on engaging in or performing any attestation engagement, audits, or compilations.