Amended IN Senate July 03, 2017 Amended IN Senate June 13, 2017 Amended IN Assembly May 02, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1706Introduced by Committee on Business and Professions (Assembly Members Low (Chair), Brough (Vice Chair), Arambula, Baker, Bloom, Chiu, Dahle, Gipson, Grayson, Holden, Mullin, Steinorth, and Ting)March 02, 2017 An act to amend Sections 1000, 2531, 2531.75, 2533.1, 2533.4, 2538.10, 2538.28, 2538.29, 2538.30, 2538.34, 2538.35, 2538.38, 2570.19, 2602, and 2607.5 of of, and to amend and renumber Section 2538.19 of, the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 1706, as amended, Committee on Business and Professions. Healing arts: chiropractic practice: speech-language pathology and audiology and hearing aid dispensing: occupational therapy: physical therapy.The Chiropractic Act, enacted by an initiative measure, provides for the licensure and regulation of chiropractors in this state by the State Board of Chiropractic Examiners. Existing law requires that the powers and duties of the board, as provided, be subject to review by the appropriate policy committees of the Legislature as if that act were scheduled to be repealed on January 1, 2018.This bill would require that the powers and duties of the board, as provided, be subject to review by the appropriate policy committees of the Legislature as if that act were scheduled to be repealed on January 1, 2022.Existing law, the Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act, provides for the licensure and regulation of speech-language pathologists, audiologists, and hearing aid dispensers by the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board, which is within the Department of Consumer Affairs. That act authorizes the board to appoint an executive officer. That act repeals the provisions establishing the board and the boards authority to appoint an executive officer on January 1, 2018.This bill would extend the operation of the board and the boards authority to appoint an executive officer until January 1, 2022.The Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act authorizes a superior court of a county, on application of the board, to issue an injunction or other appropriate restraining order against a person other than a licensed speech-language pathologist or audiologist for an act or practice in violation of that act. That act authorizes the board to suspend, revoke, or impose terms and conditions upon the license of a licensee for, among other things, a conviction, as defined, of a crime substantially related to the qualifications, functions, and duties of a speech-language pathologist, audiologist, or hearing aid dispenser. The act authorizes the board to prosecute a person for a violation of the provisions of the act relating to hearing aid dispensers, as specified.This bill would exclude licensed hearing aid dispensers from the persons against whom a superior court of a county is authorized to issue an injunction or other appropriate restraining order for an act or practice in violation of that act. The bill would expand the definition of a conviction, for the above-mentioned disciplinary purposes, to include certain convictions subsequently dismissed by a court. The bill would authorize the board to prosecute a person for a violation of any provision of the act.The Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act requires each applicant for a hearing aid dispensers license to take and pass a written examination and a practical examination, as specified. That act authorizes the board to issue a temporary hearing aid dispenser license to an applicant who, among other things, holds a hearing aid dispensers license in another state. That act also authorizes the board to issue a temporary hearing aid dispenser license to an applicant who proves to the satisfaction of the board that he or she will be supervised and trained by a hearing aid dispenser who is approved by the board. That act requires a temporary licensee who is supervised to take a licensure examination within the first 10 months after the temporary license is issued, and requires that the license expire if the temporary licensee fails to take the licensure examination.This bill would rename the temporary license of supervised licensees as the trainee license and would make conforming changes. The bill would extend the time by when the licensee is required to take the examination to 12 months after the trainee license is issued.Existing law, the Occupational Therapy Practice Act, provides for the licensure and regulation of occupational therapists by the California Board of Occupational Therapy, which is within the Department of Consumer Affairs, and repeals the provisions establishing the board on January 1, 2018.This bill would extend the operation of the board until January 1, 2022.Existing law, the Physical Therapy Practice Act, provides for the licensure and regulation of physical therapists and physical therapist assistants by the Physical Therapy Board of California, which is within the Department of Consumer Affairs. That act requires the board to appoint an executive officer and authorizes the board to employee employ other persons, as specified. That act repeals the provisions establishing the board and the boards authority to appoint an executive officer and other personnel on January 1, 2018.This bill would extend the operation of the board and the boards authority to appoint an executive officer and other personnel until January 1, 2022.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1000 of the Business and Professions Code is amended to read:1000. (a) The law governing practitioners of chiropractic is found in an initiative act entitled An act prescribing the terms upon which licenses may be issued to practitioners of chiropractic, creating the State Board of Chiropractic Examiners and declaring its powers and duties, prescribing penalties for violation hereof, and repealing all acts and parts of acts inconsistent herewith, adopted by the electors November 7, 1922.(b) The State Board of Chiropractic Examiners is within the Department of Consumer Affairs.(c) Notwithstanding any other law, the powers and duties of the State Board of Chiropractic Examiners, as set forth in this article and under the act creating the board, 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, 2022.SEC. 2. Section 2531 of the Business and Professions Code is amended to read:2531. (a) There is in the Department of Consumer Affairs the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in which the enforcement and administration of this chapter are vested. The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board shall consist of nine members, three of whom shall be public members.(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.SEC. 3. Section 2531.75 of the Business and Professions Code is amended to read:2531.75. (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, 2022, and as of that date is repealed.SEC. 4. Section 2533.1 of the Business and Professions Code is amended to read:2533.1. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist is deemed to be a conviction within the meaning of this article. The board may order a licensee be disciplined or denied a license as provided in Section 2533 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 Section 1203.4 1203.4, 1203.4a, or 1203.41 of the Penal Code allowing the 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, information or indictment.SEC. 5. Section 2533.4 of the Business and Professions Code is amended to read:2533.4. Whenever any a person other than a licensed speech-language pathologist pathologist, hearing aid dispenser, or audiologist has engaged in any an act or practice which constitutes an offense against under this chapter, a superior court of any county, on application of the board, may issue an injunction or other appropriate order restraining that the conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The board may commence action in the superior court under this section on its own motion.SEC. 6. Section 2538.19 of the Business and Professions Code is amended and renumbered to read:2538.19.2533.5. (a) The board may prosecute any and all persons a person for any a violation of this article. chapter.(b) The board shall hear and decide all matters, a matter, including, but not limited to, any a contested case or any a petition for reinstatement or modification of probation, or may assign any of those matters the matter to an administrative law judge in accordance with the Administrative Procedure Act. Except as otherwise provided in this chapter, all hearings a hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.SEC. 7. Section 2538.10 of the Business and Professions Code is amended to read:2538.10. For the purposes of this article, the following definitions shall apply:(a) Advertise and its variants include the use of a newspaper, magazine, or other publication, book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, tag, window display, store sign, radio, or television announcement, or any other means or methods now or hereafter employed to bring to the attention of the public the practice of fitting or selling of hearing aids.(b) License means a hearing aid dispensers license issued pursuant to this article and includes a temporary or trainee license.(c) Licensee means a person holding a license.(d) Hearing aid means any wearable instrument or device designed for, or offered for the purpose of, aiding or compensating for impaired human hearing.(e) Fund means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.SEC. 8. Section 2538.28 of the Business and Professions Code is amended to read:2538.28. (a) An applicant who has fulfilled the requirements of Section 2538.24, and has made application therefor, and who proves to the satisfaction of the board that he or she will be supervised and trained by a hearing aid dispenser who is approved by the board may have a temporary trainee license issued to him or her. The temporary trainee license shall entitle the temporary trainee licensee to fit or sell hearing aids as set forth in regulations of the board. The supervising dispenser shall be responsible for any acts or omissions committed by a temporary trainee licensee under his or her supervision that may constitute a violation of this chapter.(b) The board shall adopt regulations setting forth criteria for its refusal to approve a hearing aid dispenser to supervise a temporary trainee licensee, including procedures to appeal that decision.(c) A temporary trainee license issued pursuant to this section is effective and valid for six months from date of issue. The board may renew the temporary trainee license for an additional period of six months. Except as provided in subdivision (d), the board shall not issue more than two renewals of a temporary trainee license to any applicant. Notwithstanding subdivision (d), if a temporary trainee licensee who is entitled to renew a temporary trainee license does not renew the temporary trainee license and applies for a new temporary trainee license at a later time, the new temporary trainee license shall only be issued and renewed subject to the limitations set forth in this subdivision.(d) A new temporary trainee license may be issued pursuant to this section if a temporary trainee license issued pursuant to subdivision (c) has lapsed for a minimum of three years from the expiration or cancellation date of the previous temporary trainee license. The bureau board may issue only one new temporary trainee license under this subdivision.SEC. 9. Section 2538.29 of the Business and Professions Code is amended to read:2538.29. A temporary licensee trainee licensed under Section 2538.28 shall take the license licensure examination within the first 10 12 months after the temporary trainee license is issued. Failure to take the license licensure examination within that time shall result in expiration of the temporary trainee license, and it shall not be renewed unless the temporary trainee licensee has first taken the licensure examination. The board, however, may in its discretion renew the temporary trainee license if the licensee failed to take the necessary licensure examination due to illness or other hardship.SEC. 10. Section 2538.30 of the Business and Professions Code is amended to read:2538.30. (a) A temporary or trainee licensee shall not be the sole proprietor of, manage, or independently operate a business which engages in the fitting or sale of hearing aids.(b) A temporary or trainee licensee shall not advertise or otherwise represent that he or she holds a license as a hearing aid dispenser.SEC. 11. Section 2538.34 of the Business and Professions Code is amended to read:2538.34. (a) Every licensee who engages in the practice of fitting or selling hearing aids shall have and maintain an established retail business address to engage in that fitting or selling, routinely open for service to customers or clients. The address of the licensees place of business shall be registered with the bureau board as provided in Section 2538.33.(b) Except as provided in subdivision (c), if a licensee maintains more than one place of business within this state, he or she shall apply for and procure a duplicate license for each branch office maintained. The application shall state the name of the person and the location of the place or places of business for which the duplicate license is desired.(c) A hearing aid dispenser may, without obtaining a duplicate license for a branch office, engage on a temporary basis in the practice of fitting or selling hearing aids at the primary or branch location of another licensees business or at a location or facility that he or she may use on a temporary basis, provided that the hearing aid dispenser notifies the board in advance in writing of the dates and addresses of those businesses, locations, or facilities at which he or she will engage in the practice of fitting or selling hearing aids.SEC. 12. Section 2538.35 of the Business and Professions Code is amended to read:2538.35. A licensee shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf of the licensee, containing all of the following:(a) The date of consummation of the sale.(b) Specifications as to the make, serial number, and model number of the hearing aid or aids sold.(c) The address of the principal place of business of the licensee, and the address and office hours at which the licensee shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold.(d) A statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact.(e) The number of the licensees license and the name and license number of any other hearing aid dispenser or dispenser, temporary licensee licensee, or trainee licensee, who provided any recommendation or consultation regarding the purchase of the hearing aid.(f) The terms of any guarantee or written warranty, required by Section 1793.02 of the Civil Code, made to the purchaser with respect to the hearing aid or hearing aids.SEC. 13. Section 2538.38 of the Business and Professions Code is amended to read:2538.38. A licensee shall, upon the consummation of a sale of a hearing aid, keep and maintain records in his or her office or place of business at all times and each record shall be kept and maintained for a seven-year period. All records related to the sale and fitting of hearing aids shall be open to inspection by the bureau board or its authorized representatives upon reasonable notice. The records kept shall include:(a) Results of test techniques as they pertain to fitting of the hearing aid.(b) A copy of the written receipt required by Section 2538.35 and the written recommendation and receipt required by Section 2538.36 when applicable.(c) Records of maintenance or calibration of equipment used in the practice of fitting or selling hearing aids.SEC. 4.SEC. 14. Section 2570.19 of the Business and Professions Code is amended to read:2570.19. (a) There is hereby created a California Board of Occupational Therapy, hereafter referred to as the board. The board shall enforce and administer this chapter.(b) The members of the board shall consist of the following:(1) Three occupational therapists who shall have practiced occupational therapy for five years.(2) One occupational therapy assistant who shall have assisted in the practice of occupational therapy for five years.(3) Three public members who shall not be licentiates of the board, of any other board under this division, or of any board referred to in Section 1000 or 3600.(c) The Governor shall appoint the three occupational therapists and one occupational therapy assistant to be members of the board. The Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall each appoint a public member. Not more than one member of the board shall be appointed from the full-time faculty of any university, college, or other educational institution.(d) All members shall be residents of California at the time of their appointment. The occupational therapist and occupational therapy assistant members shall have been engaged in rendering occupational therapy services to the public, teaching, or research in occupational therapy for at least five years preceding their appointments.(e) The public members may not be or have ever been occupational therapists or occupational therapy assistants or in training to become occupational therapists or occupational therapy assistants. The public members may not be related to, or have a household member who is, an occupational therapist or an occupational therapy assistant, and may not have had, within two years of the appointment, a substantial financial interest in a person regulated by the board.(f) The Governor shall appoint two board members for a term of one year, two board members for a term of two years, and one board member for a term of three years. Appointments made thereafter shall be for four-year terms, but no person shall be appointed to serve more than two consecutive terms. Terms shall begin on the first day of the calendar year and end on the last day of the calendar year or until successors are appointed, except for the first appointed members who shall serve through the last calendar day of the year in which they are appointed, before commencing the terms prescribed by this section. Vacancies shall be filled by appointment for the unexpired term. The board shall annually elect one of its members as president.(g) The board shall meet and hold at least one regular meeting annually in the Cities of Sacramento, Los Angeles, and San Francisco. The board may convene from time to time until its business is concluded. Special meetings of the board may be held at any time and place designated by the board.(h) Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(i) Members of the board shall receive no compensation for their services, but shall be entitled to reasonable travel and other expenses incurred in the execution of their powers and duties in accordance with Section 103.(j) The appointing power shall have the power to remove any member of the board from office for neglect of any duty imposed by state law, for incompetency, or for unprofessional or dishonorable conduct.(k) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.(l) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.SEC. 5.SEC. 15. Section 2602 of the Business and Professions Code is amended to read:2602. (a) The Physical Therapy 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, 2022, and as of that date is repealed.(c) 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. 16. Section 2607.5 of the Business and Professions Code is amended to read:2607.5. (a) The board may employ an executive officer exempt from the provisions of the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) and may also employ investigators, legal counsel, physical therapist consultants, and other assistance as it may deem necessary to carry out this chapter. The board may fix the compensation to be paid for services and may incur other expenses as it may deem necessary. Investigators employed by the board shall be provided special training in investigating physical therapy practice activities.(b) The Attorney General shall act as legal counsel for the board for any judicial and administrative proceedings and his or her services shall be a charge against it.(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
Amended IN Senate July 03, 2017 Amended IN Senate June 13, 2017 Amended IN Assembly May 02, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1706Introduced by Committee on Business and Professions (Assembly Members Low (Chair), Brough (Vice Chair), Arambula, Baker, Bloom, Chiu, Dahle, Gipson, Grayson, Holden, Mullin, Steinorth, and Ting)March 02, 2017 An act to amend Sections 1000, 2531, 2531.75, 2533.1, 2533.4, 2538.10, 2538.28, 2538.29, 2538.30, 2538.34, 2538.35, 2538.38, 2570.19, 2602, and 2607.5 of of, and to amend and renumber Section 2538.19 of, the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 1706, as amended, Committee on Business and Professions. Healing arts: chiropractic practice: speech-language pathology and audiology and hearing aid dispensing: occupational therapy: physical therapy.The Chiropractic Act, enacted by an initiative measure, provides for the licensure and regulation of chiropractors in this state by the State Board of Chiropractic Examiners. Existing law requires that the powers and duties of the board, as provided, be subject to review by the appropriate policy committees of the Legislature as if that act were scheduled to be repealed on January 1, 2018.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 as if that act were scheduled to be repealed on January 1, 2022.Existing law, the Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act, provides for the licensure and regulation of speech-language pathologists, audiologists, and hearing aid dispensers by the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board, which is within the Department of Consumer Affairs. That act authorizes the board to appoint an executive officer. That act repeals the provisions establishing the board and the boards authority to appoint an executive officer on January 1, 2018.This bill would extend the operation of the board and the boards authority to appoint an executive officer until January 1, 2022.The Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act authorizes a superior court of a county, on application of the board, to issue an injunction or other appropriate restraining order against a person other than a licensed speech-language pathologist or audiologist for an act or practice in violation of that act. That act authorizes the board to suspend, revoke, or impose terms and conditions upon the license of a licensee for, among other things, a conviction, as defined, of a crime substantially related to the qualifications, functions, and duties of a speech-language pathologist, audiologist, or hearing aid dispenser. The act authorizes the board to prosecute a person for a violation of the provisions of the act relating to hearing aid dispensers, as specified.This bill would exclude licensed hearing aid dispensers from the persons against whom a superior court of a county is authorized to issue an injunction or other appropriate restraining order for an act or practice in violation of that act. The bill would expand the definition of a conviction, for the above-mentioned disciplinary purposes, to include certain convictions subsequently dismissed by a court. The bill would authorize the board to prosecute a person for a violation of any provision of the act.The Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act requires each applicant for a hearing aid dispensers license to take and pass a written examination and a practical examination, as specified. That act authorizes the board to issue a temporary hearing aid dispenser license to an applicant who, among other things, holds a hearing aid dispensers license in another state. That act also authorizes the board to issue a temporary hearing aid dispenser license to an applicant who proves to the satisfaction of the board that he or she will be supervised and trained by a hearing aid dispenser who is approved by the board. That act requires a temporary licensee who is supervised to take a licensure examination within the first 10 months after the temporary license is issued, and requires that the license expire if the temporary licensee fails to take the licensure examination.This bill would rename the temporary license of supervised licensees as the trainee license and would make conforming changes. The bill would extend the time by when the licensee is required to take the examination to 12 months after the trainee license is issued.Existing law, the Occupational Therapy Practice Act, provides for the licensure and regulation of occupational therapists by the California Board of Occupational Therapy, which is within the Department of Consumer Affairs, and repeals the provisions establishing the board on January 1, 2018.This bill would extend the operation of the board until January 1, 2022.Existing law, the Physical Therapy Practice Act, provides for the licensure and regulation of physical therapists and physical therapist assistants by the Physical Therapy Board of California, which is within the Department of Consumer Affairs. That act requires the board to appoint an executive officer and authorizes the board to employee employ other persons, as specified. That act repeals the provisions establishing the board and the boards authority to appoint an executive officer and other personnel on January 1, 2018.This bill would extend the operation of the board and the boards authority to appoint an executive officer and other personnel until January 1, 2022.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate July 03, 2017 Amended IN Senate June 13, 2017 Amended IN Assembly May 02, 2017
Amended IN Senate July 03, 2017
Amended IN Senate June 13, 2017
Amended IN Assembly May 02, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1706
Introduced by Committee on Business and Professions (Assembly Members Low (Chair), Brough (Vice Chair), Arambula, Baker, Bloom, Chiu, Dahle, Gipson, Grayson, Holden, Mullin, Steinorth, and Ting)March 02, 2017
Introduced by Committee on Business and Professions (Assembly Members Low (Chair), Brough (Vice Chair), Arambula, Baker, Bloom, Chiu, Dahle, Gipson, Grayson, Holden, Mullin, Steinorth, and Ting)
March 02, 2017
An act to amend Sections 1000, 2531, 2531.75, 2533.1, 2533.4, 2538.10, 2538.28, 2538.29, 2538.30, 2538.34, 2538.35, 2538.38, 2570.19, 2602, and 2607.5 of of, and to amend and renumber Section 2538.19 of, the Business and Professions Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1706, as amended, Committee on Business and Professions. Healing arts: chiropractic practice: speech-language pathology and audiology and hearing aid dispensing: occupational therapy: physical therapy.
The Chiropractic Act, enacted by an initiative measure, provides for the licensure and regulation of chiropractors in this state by the State Board of Chiropractic Examiners. Existing law requires that the powers and duties of the board, as provided, be subject to review by the appropriate policy committees of the Legislature as if that act were scheduled to be repealed on January 1, 2018.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 as if that act were scheduled to be repealed on January 1, 2022.Existing law, the Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act, provides for the licensure and regulation of speech-language pathologists, audiologists, and hearing aid dispensers by the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board, which is within the Department of Consumer Affairs. That act authorizes the board to appoint an executive officer. That act repeals the provisions establishing the board and the boards authority to appoint an executive officer on January 1, 2018.This bill would extend the operation of the board and the boards authority to appoint an executive officer until January 1, 2022.The Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act authorizes a superior court of a county, on application of the board, to issue an injunction or other appropriate restraining order against a person other than a licensed speech-language pathologist or audiologist for an act or practice in violation of that act. That act authorizes the board to suspend, revoke, or impose terms and conditions upon the license of a licensee for, among other things, a conviction, as defined, of a crime substantially related to the qualifications, functions, and duties of a speech-language pathologist, audiologist, or hearing aid dispenser. The act authorizes the board to prosecute a person for a violation of the provisions of the act relating to hearing aid dispensers, as specified.This bill would exclude licensed hearing aid dispensers from the persons against whom a superior court of a county is authorized to issue an injunction or other appropriate restraining order for an act or practice in violation of that act. The bill would expand the definition of a conviction, for the above-mentioned disciplinary purposes, to include certain convictions subsequently dismissed by a court. The bill would authorize the board to prosecute a person for a violation of any provision of the act.The Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act requires each applicant for a hearing aid dispensers license to take and pass a written examination and a practical examination, as specified. That act authorizes the board to issue a temporary hearing aid dispenser license to an applicant who, among other things, holds a hearing aid dispensers license in another state. That act also authorizes the board to issue a temporary hearing aid dispenser license to an applicant who proves to the satisfaction of the board that he or she will be supervised and trained by a hearing aid dispenser who is approved by the board. That act requires a temporary licensee who is supervised to take a licensure examination within the first 10 months after the temporary license is issued, and requires that the license expire if the temporary licensee fails to take the licensure examination.This bill would rename the temporary license of supervised licensees as the trainee license and would make conforming changes. The bill would extend the time by when the licensee is required to take the examination to 12 months after the trainee license is issued.Existing law, the Occupational Therapy Practice Act, provides for the licensure and regulation of occupational therapists by the California Board of Occupational Therapy, which is within the Department of Consumer Affairs, and repeals the provisions establishing the board on January 1, 2018.This bill would extend the operation of the board until January 1, 2022.Existing law, the Physical Therapy Practice Act, provides for the licensure and regulation of physical therapists and physical therapist assistants by the Physical Therapy Board of California, which is within the Department of Consumer Affairs. That act requires the board to appoint an executive officer and authorizes the board to employee employ other persons, as specified. That act repeals the provisions establishing the board and the boards authority to appoint an executive officer and other personnel on January 1, 2018.This bill would extend the operation of the board and the boards authority to appoint an executive officer and other personnel until January 1, 2022.
The Chiropractic Act, enacted by an initiative measure, provides for the licensure and regulation of chiropractors in this state by the State Board of Chiropractic Examiners. Existing law requires that the powers and duties of the board, as provided, be subject to review by the appropriate policy committees of the Legislature as if that act were scheduled to be repealed on January 1, 2018.
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 as if that act were scheduled to be repealed on January 1, 2022.
Existing law, the Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act, provides for the licensure and regulation of speech-language pathologists, audiologists, and hearing aid dispensers by the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board, which is within the Department of Consumer Affairs. That act authorizes the board to appoint an executive officer. That act repeals the provisions establishing the board and the boards authority to appoint an executive officer on January 1, 2018.
This bill would extend the operation of the board and the boards authority to appoint an executive officer until January 1, 2022.
The Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act authorizes a superior court of a county, on application of the board, to issue an injunction or other appropriate restraining order against a person other than a licensed speech-language pathologist or audiologist for an act or practice in violation of that act. That act authorizes the board to suspend, revoke, or impose terms and conditions upon the license of a licensee for, among other things, a conviction, as defined, of a crime substantially related to the qualifications, functions, and duties of a speech-language pathologist, audiologist, or hearing aid dispenser. The act authorizes the board to prosecute a person for a violation of the provisions of the act relating to hearing aid dispensers, as specified.
This bill would exclude licensed hearing aid dispensers from the persons against whom a superior court of a county is authorized to issue an injunction or other appropriate restraining order for an act or practice in violation of that act. The bill would expand the definition of a conviction, for the above-mentioned disciplinary purposes, to include certain convictions subsequently dismissed by a court. The bill would authorize the board to prosecute a person for a violation of any provision of the act.
The Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act requires each applicant for a hearing aid dispensers license to take and pass a written examination and a practical examination, as specified. That act authorizes the board to issue a temporary hearing aid dispenser license to an applicant who, among other things, holds a hearing aid dispensers license in another state. That act also authorizes the board to issue a temporary hearing aid dispenser license to an applicant who proves to the satisfaction of the board that he or she will be supervised and trained by a hearing aid dispenser who is approved by the board. That act requires a temporary licensee who is supervised to take a licensure examination within the first 10 months after the temporary license is issued, and requires that the license expire if the temporary licensee fails to take the licensure examination.
This bill would rename the temporary license of supervised licensees as the trainee license and would make conforming changes. The bill would extend the time by when the licensee is required to take the examination to 12 months after the trainee license is issued.
Existing law, the Occupational Therapy Practice Act, provides for the licensure and regulation of occupational therapists by the California Board of Occupational Therapy, which is within the Department of Consumer Affairs, and repeals the provisions establishing the board on January 1, 2018.
This bill would extend the operation of the board until January 1, 2022.
Existing law, the Physical Therapy Practice Act, provides for the licensure and regulation of physical therapists and physical therapist assistants by the Physical Therapy Board of California, which is within the Department of Consumer Affairs. That act requires the board to appoint an executive officer and authorizes the board to employee employ other persons, as specified. That act repeals the provisions establishing the board and the boards authority to appoint an executive officer and other personnel on January 1, 2018.
This bill would extend the operation of the board and the boards authority to appoint an executive officer and other personnel until January 1, 2022.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1000 of the Business and Professions Code is amended to read:1000. (a) The law governing practitioners of chiropractic is found in an initiative act entitled An act prescribing the terms upon which licenses may be issued to practitioners of chiropractic, creating the State Board of Chiropractic Examiners and declaring its powers and duties, prescribing penalties for violation hereof, and repealing all acts and parts of acts inconsistent herewith, adopted by the electors November 7, 1922.(b) The State Board of Chiropractic Examiners is within the Department of Consumer Affairs.(c) Notwithstanding any other law, the powers and duties of the State Board of Chiropractic Examiners, as set forth in this article and under the act creating the board, 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, 2022.SEC. 2. Section 2531 of the Business and Professions Code is amended to read:2531. (a) There is in the Department of Consumer Affairs the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in which the enforcement and administration of this chapter are vested. The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board shall consist of nine members, three of whom shall be public members.(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.SEC. 3. Section 2531.75 of the Business and Professions Code is amended to read:2531.75. (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, 2022, and as of that date is repealed.SEC. 4. Section 2533.1 of the Business and Professions Code is amended to read:2533.1. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist is deemed to be a conviction within the meaning of this article. The board may order a licensee be disciplined or denied a license as provided in Section 2533 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 Section 1203.4 1203.4, 1203.4a, or 1203.41 of the Penal Code allowing the 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, information or indictment.SEC. 5. Section 2533.4 of the Business and Professions Code is amended to read:2533.4. Whenever any a person other than a licensed speech-language pathologist pathologist, hearing aid dispenser, or audiologist has engaged in any an act or practice which constitutes an offense against under this chapter, a superior court of any county, on application of the board, may issue an injunction or other appropriate order restraining that the conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The board may commence action in the superior court under this section on its own motion.SEC. 6. Section 2538.19 of the Business and Professions Code is amended and renumbered to read:2538.19.2533.5. (a) The board may prosecute any and all persons a person for any a violation of this article. chapter.(b) The board shall hear and decide all matters, a matter, including, but not limited to, any a contested case or any a petition for reinstatement or modification of probation, or may assign any of those matters the matter to an administrative law judge in accordance with the Administrative Procedure Act. Except as otherwise provided in this chapter, all hearings a hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.SEC. 7. Section 2538.10 of the Business and Professions Code is amended to read:2538.10. For the purposes of this article, the following definitions shall apply:(a) Advertise and its variants include the use of a newspaper, magazine, or other publication, book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, tag, window display, store sign, radio, or television announcement, or any other means or methods now or hereafter employed to bring to the attention of the public the practice of fitting or selling of hearing aids.(b) License means a hearing aid dispensers license issued pursuant to this article and includes a temporary or trainee license.(c) Licensee means a person holding a license.(d) Hearing aid means any wearable instrument or device designed for, or offered for the purpose of, aiding or compensating for impaired human hearing.(e) Fund means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.SEC. 8. Section 2538.28 of the Business and Professions Code is amended to read:2538.28. (a) An applicant who has fulfilled the requirements of Section 2538.24, and has made application therefor, and who proves to the satisfaction of the board that he or she will be supervised and trained by a hearing aid dispenser who is approved by the board may have a temporary trainee license issued to him or her. The temporary trainee license shall entitle the temporary trainee licensee to fit or sell hearing aids as set forth in regulations of the board. The supervising dispenser shall be responsible for any acts or omissions committed by a temporary trainee licensee under his or her supervision that may constitute a violation of this chapter.(b) The board shall adopt regulations setting forth criteria for its refusal to approve a hearing aid dispenser to supervise a temporary trainee licensee, including procedures to appeal that decision.(c) A temporary trainee license issued pursuant to this section is effective and valid for six months from date of issue. The board may renew the temporary trainee license for an additional period of six months. Except as provided in subdivision (d), the board shall not issue more than two renewals of a temporary trainee license to any applicant. Notwithstanding subdivision (d), if a temporary trainee licensee who is entitled to renew a temporary trainee license does not renew the temporary trainee license and applies for a new temporary trainee license at a later time, the new temporary trainee license shall only be issued and renewed subject to the limitations set forth in this subdivision.(d) A new temporary trainee license may be issued pursuant to this section if a temporary trainee license issued pursuant to subdivision (c) has lapsed for a minimum of three years from the expiration or cancellation date of the previous temporary trainee license. The bureau board may issue only one new temporary trainee license under this subdivision.SEC. 9. Section 2538.29 of the Business and Professions Code is amended to read:2538.29. A temporary licensee trainee licensed under Section 2538.28 shall take the license licensure examination within the first 10 12 months after the temporary trainee license is issued. Failure to take the license licensure examination within that time shall result in expiration of the temporary trainee license, and it shall not be renewed unless the temporary trainee licensee has first taken the licensure examination. The board, however, may in its discretion renew the temporary trainee license if the licensee failed to take the necessary licensure examination due to illness or other hardship.SEC. 10. Section 2538.30 of the Business and Professions Code is amended to read:2538.30. (a) A temporary or trainee licensee shall not be the sole proprietor of, manage, or independently operate a business which engages in the fitting or sale of hearing aids.(b) A temporary or trainee licensee shall not advertise or otherwise represent that he or she holds a license as a hearing aid dispenser.SEC. 11. Section 2538.34 of the Business and Professions Code is amended to read:2538.34. (a) Every licensee who engages in the practice of fitting or selling hearing aids shall have and maintain an established retail business address to engage in that fitting or selling, routinely open for service to customers or clients. The address of the licensees place of business shall be registered with the bureau board as provided in Section 2538.33.(b) Except as provided in subdivision (c), if a licensee maintains more than one place of business within this state, he or she shall apply for and procure a duplicate license for each branch office maintained. The application shall state the name of the person and the location of the place or places of business for which the duplicate license is desired.(c) A hearing aid dispenser may, without obtaining a duplicate license for a branch office, engage on a temporary basis in the practice of fitting or selling hearing aids at the primary or branch location of another licensees business or at a location or facility that he or she may use on a temporary basis, provided that the hearing aid dispenser notifies the board in advance in writing of the dates and addresses of those businesses, locations, or facilities at which he or she will engage in the practice of fitting or selling hearing aids.SEC. 12. Section 2538.35 of the Business and Professions Code is amended to read:2538.35. A licensee shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf of the licensee, containing all of the following:(a) The date of consummation of the sale.(b) Specifications as to the make, serial number, and model number of the hearing aid or aids sold.(c) The address of the principal place of business of the licensee, and the address and office hours at which the licensee shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold.(d) A statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact.(e) The number of the licensees license and the name and license number of any other hearing aid dispenser or dispenser, temporary licensee licensee, or trainee licensee, who provided any recommendation or consultation regarding the purchase of the hearing aid.(f) The terms of any guarantee or written warranty, required by Section 1793.02 of the Civil Code, made to the purchaser with respect to the hearing aid or hearing aids.SEC. 13. Section 2538.38 of the Business and Professions Code is amended to read:2538.38. A licensee shall, upon the consummation of a sale of a hearing aid, keep and maintain records in his or her office or place of business at all times and each record shall be kept and maintained for a seven-year period. All records related to the sale and fitting of hearing aids shall be open to inspection by the bureau board or its authorized representatives upon reasonable notice. The records kept shall include:(a) Results of test techniques as they pertain to fitting of the hearing aid.(b) A copy of the written receipt required by Section 2538.35 and the written recommendation and receipt required by Section 2538.36 when applicable.(c) Records of maintenance or calibration of equipment used in the practice of fitting or selling hearing aids.SEC. 4.SEC. 14. Section 2570.19 of the Business and Professions Code is amended to read:2570.19. (a) There is hereby created a California Board of Occupational Therapy, hereafter referred to as the board. The board shall enforce and administer this chapter.(b) The members of the board shall consist of the following:(1) Three occupational therapists who shall have practiced occupational therapy for five years.(2) One occupational therapy assistant who shall have assisted in the practice of occupational therapy for five years.(3) Three public members who shall not be licentiates of the board, of any other board under this division, or of any board referred to in Section 1000 or 3600.(c) The Governor shall appoint the three occupational therapists and one occupational therapy assistant to be members of the board. The Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall each appoint a public member. Not more than one member of the board shall be appointed from the full-time faculty of any university, college, or other educational institution.(d) All members shall be residents of California at the time of their appointment. The occupational therapist and occupational therapy assistant members shall have been engaged in rendering occupational therapy services to the public, teaching, or research in occupational therapy for at least five years preceding their appointments.(e) The public members may not be or have ever been occupational therapists or occupational therapy assistants or in training to become occupational therapists or occupational therapy assistants. The public members may not be related to, or have a household member who is, an occupational therapist or an occupational therapy assistant, and may not have had, within two years of the appointment, a substantial financial interest in a person regulated by the board.(f) The Governor shall appoint two board members for a term of one year, two board members for a term of two years, and one board member for a term of three years. Appointments made thereafter shall be for four-year terms, but no person shall be appointed to serve more than two consecutive terms. Terms shall begin on the first day of the calendar year and end on the last day of the calendar year or until successors are appointed, except for the first appointed members who shall serve through the last calendar day of the year in which they are appointed, before commencing the terms prescribed by this section. Vacancies shall be filled by appointment for the unexpired term. The board shall annually elect one of its members as president.(g) The board shall meet and hold at least one regular meeting annually in the Cities of Sacramento, Los Angeles, and San Francisco. The board may convene from time to time until its business is concluded. Special meetings of the board may be held at any time and place designated by the board.(h) Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(i) Members of the board shall receive no compensation for their services, but shall be entitled to reasonable travel and other expenses incurred in the execution of their powers and duties in accordance with Section 103.(j) The appointing power shall have the power to remove any member of the board from office for neglect of any duty imposed by state law, for incompetency, or for unprofessional or dishonorable conduct.(k) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.(l) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.SEC. 5.SEC. 15. Section 2602 of the Business and Professions Code is amended to read:2602. (a) The Physical Therapy 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, 2022, and as of that date is repealed.(c) 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. 16. Section 2607.5 of the Business and Professions Code is amended to read:2607.5. (a) The board may employ an executive officer exempt from the provisions of the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) and may also employ investigators, legal counsel, physical therapist consultants, and other assistance as it may deem necessary to carry out this chapter. The board may fix the compensation to be paid for services and may incur other expenses as it may deem necessary. Investigators employed by the board shall be provided special training in investigating physical therapy practice activities.(b) The Attorney General shall act as legal counsel for the board for any judicial and administrative proceedings and his or her services shall be a charge against it.(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1000 of the Business and Professions Code is amended to read:1000. (a) The law governing practitioners of chiropractic is found in an initiative act entitled An act prescribing the terms upon which licenses may be issued to practitioners of chiropractic, creating the State Board of Chiropractic Examiners and declaring its powers and duties, prescribing penalties for violation hereof, and repealing all acts and parts of acts inconsistent herewith, adopted by the electors November 7, 1922.(b) The State Board of Chiropractic Examiners is within the Department of Consumer Affairs.(c) Notwithstanding any other law, the powers and duties of the State Board of Chiropractic Examiners, as set forth in this article and under the act creating the board, 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, 2022.
SECTION 1. Section 1000 of the Business and Professions Code is amended to read:
### SECTION 1.
1000. (a) The law governing practitioners of chiropractic is found in an initiative act entitled An act prescribing the terms upon which licenses may be issued to practitioners of chiropractic, creating the State Board of Chiropractic Examiners and declaring its powers and duties, prescribing penalties for violation hereof, and repealing all acts and parts of acts inconsistent herewith, adopted by the electors November 7, 1922.(b) The State Board of Chiropractic Examiners is within the Department of Consumer Affairs.(c) Notwithstanding any other law, the powers and duties of the State Board of Chiropractic Examiners, as set forth in this article and under the act creating the board, 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, 2022.
1000. (a) The law governing practitioners of chiropractic is found in an initiative act entitled An act prescribing the terms upon which licenses may be issued to practitioners of chiropractic, creating the State Board of Chiropractic Examiners and declaring its powers and duties, prescribing penalties for violation hereof, and repealing all acts and parts of acts inconsistent herewith, adopted by the electors November 7, 1922.(b) The State Board of Chiropractic Examiners is within the Department of Consumer Affairs.(c) Notwithstanding any other law, the powers and duties of the State Board of Chiropractic Examiners, as set forth in this article and under the act creating the board, 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, 2022.
1000. (a) The law governing practitioners of chiropractic is found in an initiative act entitled An act prescribing the terms upon which licenses may be issued to practitioners of chiropractic, creating the State Board of Chiropractic Examiners and declaring its powers and duties, prescribing penalties for violation hereof, and repealing all acts and parts of acts inconsistent herewith, adopted by the electors November 7, 1922.(b) The State Board of Chiropractic Examiners is within the Department of Consumer Affairs.(c) Notwithstanding any other law, the powers and duties of the State Board of Chiropractic Examiners, as set forth in this article and under the act creating the board, 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, 2022.
1000. (a) The law governing practitioners of chiropractic is found in an initiative act entitled An act prescribing the terms upon which licenses may be issued to practitioners of chiropractic, creating the State Board of Chiropractic Examiners and declaring its powers and duties, prescribing penalties for violation hereof, and repealing all acts and parts of acts inconsistent herewith, adopted by the electors November 7, 1922.
(b) The State Board of Chiropractic Examiners is within the Department of Consumer Affairs.
(c) Notwithstanding any other law, the powers and duties of the State Board of Chiropractic Examiners, as set forth in this article and under the act creating the board, 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, 2022.
SEC. 2. Section 2531 of the Business and Professions Code is amended to read:2531. (a) There is in the Department of Consumer Affairs the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in which the enforcement and administration of this chapter are vested. The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board shall consist of nine members, three of whom shall be public members.(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2. Section 2531 of the Business and Professions Code is amended to read:
### SEC. 2.
2531. (a) There is in the Department of Consumer Affairs the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in which the enforcement and administration of this chapter are vested. The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board shall consist of nine members, three of whom shall be public members.(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
2531. (a) There is in the Department of Consumer Affairs the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in which the enforcement and administration of this chapter are vested. The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board shall consist of nine members, three of whom shall be public members.(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
2531. (a) There is in the Department of Consumer Affairs the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in which the enforcement and administration of this chapter are vested. The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board shall consist of nine members, three of whom shall be public members.(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
2531. (a) There is in the Department of Consumer Affairs the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in which the enforcement and administration of this chapter are vested. The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board shall consist of nine members, three of whom shall be public members.
(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 3. Section 2531.75 of the Business and Professions Code is amended to read:2531.75. (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, 2022, and as of that date is repealed.
SEC. 3. Section 2531.75 of the Business and Professions Code is amended to read:
### SEC. 3.
2531.75. (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, 2022, and as of that date is repealed.
2531.75. (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, 2022, and as of that date is repealed.
2531.75. (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, 2022, and as of that date is repealed.
2531.75. (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, 2022, and as of that date is repealed.
SEC. 4. Section 2533.1 of the Business and Professions Code is amended to read:2533.1. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist is deemed to be a conviction within the meaning of this article. The board may order a licensee be disciplined or denied a license as provided in Section 2533 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 Section 1203.4 1203.4, 1203.4a, or 1203.41 of the Penal Code allowing the 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, information or indictment.
SEC. 4. Section 2533.1 of the Business and Professions Code is amended to read:
### SEC. 4.
2533.1. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist is deemed to be a conviction within the meaning of this article. The board may order a licensee be disciplined or denied a license as provided in Section 2533 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 Section 1203.4 1203.4, 1203.4a, or 1203.41 of the Penal Code allowing the 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, information or indictment.
2533.1. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist is deemed to be a conviction within the meaning of this article. The board may order a licensee be disciplined or denied a license as provided in Section 2533 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 Section 1203.4 1203.4, 1203.4a, or 1203.41 of the Penal Code allowing the 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, information or indictment.
2533.1. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist is deemed to be a conviction within the meaning of this article. The board may order a licensee be disciplined or denied a license as provided in Section 2533 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 Section 1203.4 1203.4, 1203.4a, or 1203.41 of the Penal Code allowing the 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, information or indictment.
2533.1. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist is deemed to be a conviction within the meaning of this article. The board may order a licensee be disciplined or denied a license as provided in Section 2533 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 Section 1203.4 1203.4, 1203.4a, or 1203.41 of the Penal Code allowing the 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, information or indictment.
SEC. 5. Section 2533.4 of the Business and Professions Code is amended to read:2533.4. Whenever any a person other than a licensed speech-language pathologist pathologist, hearing aid dispenser, or audiologist has engaged in any an act or practice which constitutes an offense against under this chapter, a superior court of any county, on application of the board, may issue an injunction or other appropriate order restraining that the conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The board may commence action in the superior court under this section on its own motion.
SEC. 5. Section 2533.4 of the Business and Professions Code is amended to read:
### SEC. 5.
2533.4. Whenever any a person other than a licensed speech-language pathologist pathologist, hearing aid dispenser, or audiologist has engaged in any an act or practice which constitutes an offense against under this chapter, a superior court of any county, on application of the board, may issue an injunction or other appropriate order restraining that the conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The board may commence action in the superior court under this section on its own motion.
2533.4. Whenever any a person other than a licensed speech-language pathologist pathologist, hearing aid dispenser, or audiologist has engaged in any an act or practice which constitutes an offense against under this chapter, a superior court of any county, on application of the board, may issue an injunction or other appropriate order restraining that the conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The board may commence action in the superior court under this section on its own motion.
2533.4. Whenever any a person other than a licensed speech-language pathologist pathologist, hearing aid dispenser, or audiologist has engaged in any an act or practice which constitutes an offense against under this chapter, a superior court of any county, on application of the board, may issue an injunction or other appropriate order restraining that the conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The board may commence action in the superior court under this section on its own motion.
2533.4. Whenever any a person other than a licensed speech-language pathologist pathologist, hearing aid dispenser, or audiologist has engaged in any an act or practice which constitutes an offense against under this chapter, a superior court of any county, on application of the board, may issue an injunction or other appropriate order restraining that the conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The board may commence action in the superior court under this section on its own motion.
SEC. 6. Section 2538.19 of the Business and Professions Code is amended and renumbered to read:2538.19.2533.5. (a) The board may prosecute any and all persons a person for any a violation of this article. chapter.(b) The board shall hear and decide all matters, a matter, including, but not limited to, any a contested case or any a petition for reinstatement or modification of probation, or may assign any of those matters the matter to an administrative law judge in accordance with the Administrative Procedure Act. Except as otherwise provided in this chapter, all hearings a hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 6. Section 2538.19 of the Business and Professions Code is amended and renumbered to read:
### SEC. 6.
2538.19.2533.5. (a) The board may prosecute any and all persons a person for any a violation of this article. chapter.(b) The board shall hear and decide all matters, a matter, including, but not limited to, any a contested case or any a petition for reinstatement or modification of probation, or may assign any of those matters the matter to an administrative law judge in accordance with the Administrative Procedure Act. Except as otherwise provided in this chapter, all hearings a hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
2538.19.2533.5. (a) The board may prosecute any and all persons a person for any a violation of this article. chapter.(b) The board shall hear and decide all matters, a matter, including, but not limited to, any a contested case or any a petition for reinstatement or modification of probation, or may assign any of those matters the matter to an administrative law judge in accordance with the Administrative Procedure Act. Except as otherwise provided in this chapter, all hearings a hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
2538.19.2533.5. (a) The board may prosecute any and all persons a person for any a violation of this article. chapter.(b) The board shall hear and decide all matters, a matter, including, but not limited to, any a contested case or any a petition for reinstatement or modification of probation, or may assign any of those matters the matter to an administrative law judge in accordance with the Administrative Procedure Act. Except as otherwise provided in this chapter, all hearings a hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
2538.19.2533.5. (a) The board may prosecute any and all persons a person for any a violation of this article. chapter.
(b) The board shall hear and decide all matters, a matter, including, but not limited to, any a contested case or any a petition for reinstatement or modification of probation, or may assign any of those matters the matter to an administrative law judge in accordance with the Administrative Procedure Act. Except as otherwise provided in this chapter, all hearings a hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 7. Section 2538.10 of the Business and Professions Code is amended to read:2538.10. For the purposes of this article, the following definitions shall apply:(a) Advertise and its variants include the use of a newspaper, magazine, or other publication, book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, tag, window display, store sign, radio, or television announcement, or any other means or methods now or hereafter employed to bring to the attention of the public the practice of fitting or selling of hearing aids.(b) License means a hearing aid dispensers license issued pursuant to this article and includes a temporary or trainee license.(c) Licensee means a person holding a license.(d) Hearing aid means any wearable instrument or device designed for, or offered for the purpose of, aiding or compensating for impaired human hearing.(e) Fund means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
SEC. 7. Section 2538.10 of the Business and Professions Code is amended to read:
### SEC. 7.
2538.10. For the purposes of this article, the following definitions shall apply:(a) Advertise and its variants include the use of a newspaper, magazine, or other publication, book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, tag, window display, store sign, radio, or television announcement, or any other means or methods now or hereafter employed to bring to the attention of the public the practice of fitting or selling of hearing aids.(b) License means a hearing aid dispensers license issued pursuant to this article and includes a temporary or trainee license.(c) Licensee means a person holding a license.(d) Hearing aid means any wearable instrument or device designed for, or offered for the purpose of, aiding or compensating for impaired human hearing.(e) Fund means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
2538.10. For the purposes of this article, the following definitions shall apply:(a) Advertise and its variants include the use of a newspaper, magazine, or other publication, book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, tag, window display, store sign, radio, or television announcement, or any other means or methods now or hereafter employed to bring to the attention of the public the practice of fitting or selling of hearing aids.(b) License means a hearing aid dispensers license issued pursuant to this article and includes a temporary or trainee license.(c) Licensee means a person holding a license.(d) Hearing aid means any wearable instrument or device designed for, or offered for the purpose of, aiding or compensating for impaired human hearing.(e) Fund means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
2538.10. For the purposes of this article, the following definitions shall apply:(a) Advertise and its variants include the use of a newspaper, magazine, or other publication, book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, tag, window display, store sign, radio, or television announcement, or any other means or methods now or hereafter employed to bring to the attention of the public the practice of fitting or selling of hearing aids.(b) License means a hearing aid dispensers license issued pursuant to this article and includes a temporary or trainee license.(c) Licensee means a person holding a license.(d) Hearing aid means any wearable instrument or device designed for, or offered for the purpose of, aiding or compensating for impaired human hearing.(e) Fund means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
2538.10. For the purposes of this article, the following definitions shall apply:
(a) Advertise and its variants include the use of a newspaper, magazine, or other publication, book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, tag, window display, store sign, radio, or television announcement, or any other means or methods now or hereafter employed to bring to the attention of the public the practice of fitting or selling of hearing aids.
(b) License means a hearing aid dispensers license issued pursuant to this article and includes a temporary or trainee license.
(c) Licensee means a person holding a license.
(d) Hearing aid means any wearable instrument or device designed for, or offered for the purpose of, aiding or compensating for impaired human hearing.
(e) Fund means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
SEC. 8. Section 2538.28 of the Business and Professions Code is amended to read:2538.28. (a) An applicant who has fulfilled the requirements of Section 2538.24, and has made application therefor, and who proves to the satisfaction of the board that he or she will be supervised and trained by a hearing aid dispenser who is approved by the board may have a temporary trainee license issued to him or her. The temporary trainee license shall entitle the temporary trainee licensee to fit or sell hearing aids as set forth in regulations of the board. The supervising dispenser shall be responsible for any acts or omissions committed by a temporary trainee licensee under his or her supervision that may constitute a violation of this chapter.(b) The board shall adopt regulations setting forth criteria for its refusal to approve a hearing aid dispenser to supervise a temporary trainee licensee, including procedures to appeal that decision.(c) A temporary trainee license issued pursuant to this section is effective and valid for six months from date of issue. The board may renew the temporary trainee license for an additional period of six months. Except as provided in subdivision (d), the board shall not issue more than two renewals of a temporary trainee license to any applicant. Notwithstanding subdivision (d), if a temporary trainee licensee who is entitled to renew a temporary trainee license does not renew the temporary trainee license and applies for a new temporary trainee license at a later time, the new temporary trainee license shall only be issued and renewed subject to the limitations set forth in this subdivision.(d) A new temporary trainee license may be issued pursuant to this section if a temporary trainee license issued pursuant to subdivision (c) has lapsed for a minimum of three years from the expiration or cancellation date of the previous temporary trainee license. The bureau board may issue only one new temporary trainee license under this subdivision.
SEC. 8. Section 2538.28 of the Business and Professions Code is amended to read:
### SEC. 8.
2538.28. (a) An applicant who has fulfilled the requirements of Section 2538.24, and has made application therefor, and who proves to the satisfaction of the board that he or she will be supervised and trained by a hearing aid dispenser who is approved by the board may have a temporary trainee license issued to him or her. The temporary trainee license shall entitle the temporary trainee licensee to fit or sell hearing aids as set forth in regulations of the board. The supervising dispenser shall be responsible for any acts or omissions committed by a temporary trainee licensee under his or her supervision that may constitute a violation of this chapter.(b) The board shall adopt regulations setting forth criteria for its refusal to approve a hearing aid dispenser to supervise a temporary trainee licensee, including procedures to appeal that decision.(c) A temporary trainee license issued pursuant to this section is effective and valid for six months from date of issue. The board may renew the temporary trainee license for an additional period of six months. Except as provided in subdivision (d), the board shall not issue more than two renewals of a temporary trainee license to any applicant. Notwithstanding subdivision (d), if a temporary trainee licensee who is entitled to renew a temporary trainee license does not renew the temporary trainee license and applies for a new temporary trainee license at a later time, the new temporary trainee license shall only be issued and renewed subject to the limitations set forth in this subdivision.(d) A new temporary trainee license may be issued pursuant to this section if a temporary trainee license issued pursuant to subdivision (c) has lapsed for a minimum of three years from the expiration or cancellation date of the previous temporary trainee license. The bureau board may issue only one new temporary trainee license under this subdivision.
2538.28. (a) An applicant who has fulfilled the requirements of Section 2538.24, and has made application therefor, and who proves to the satisfaction of the board that he or she will be supervised and trained by a hearing aid dispenser who is approved by the board may have a temporary trainee license issued to him or her. The temporary trainee license shall entitle the temporary trainee licensee to fit or sell hearing aids as set forth in regulations of the board. The supervising dispenser shall be responsible for any acts or omissions committed by a temporary trainee licensee under his or her supervision that may constitute a violation of this chapter.(b) The board shall adopt regulations setting forth criteria for its refusal to approve a hearing aid dispenser to supervise a temporary trainee licensee, including procedures to appeal that decision.(c) A temporary trainee license issued pursuant to this section is effective and valid for six months from date of issue. The board may renew the temporary trainee license for an additional period of six months. Except as provided in subdivision (d), the board shall not issue more than two renewals of a temporary trainee license to any applicant. Notwithstanding subdivision (d), if a temporary trainee licensee who is entitled to renew a temporary trainee license does not renew the temporary trainee license and applies for a new temporary trainee license at a later time, the new temporary trainee license shall only be issued and renewed subject to the limitations set forth in this subdivision.(d) A new temporary trainee license may be issued pursuant to this section if a temporary trainee license issued pursuant to subdivision (c) has lapsed for a minimum of three years from the expiration or cancellation date of the previous temporary trainee license. The bureau board may issue only one new temporary trainee license under this subdivision.
2538.28. (a) An applicant who has fulfilled the requirements of Section 2538.24, and has made application therefor, and who proves to the satisfaction of the board that he or she will be supervised and trained by a hearing aid dispenser who is approved by the board may have a temporary trainee license issued to him or her. The temporary trainee license shall entitle the temporary trainee licensee to fit or sell hearing aids as set forth in regulations of the board. The supervising dispenser shall be responsible for any acts or omissions committed by a temporary trainee licensee under his or her supervision that may constitute a violation of this chapter.(b) The board shall adopt regulations setting forth criteria for its refusal to approve a hearing aid dispenser to supervise a temporary trainee licensee, including procedures to appeal that decision.(c) A temporary trainee license issued pursuant to this section is effective and valid for six months from date of issue. The board may renew the temporary trainee license for an additional period of six months. Except as provided in subdivision (d), the board shall not issue more than two renewals of a temporary trainee license to any applicant. Notwithstanding subdivision (d), if a temporary trainee licensee who is entitled to renew a temporary trainee license does not renew the temporary trainee license and applies for a new temporary trainee license at a later time, the new temporary trainee license shall only be issued and renewed subject to the limitations set forth in this subdivision.(d) A new temporary trainee license may be issued pursuant to this section if a temporary trainee license issued pursuant to subdivision (c) has lapsed for a minimum of three years from the expiration or cancellation date of the previous temporary trainee license. The bureau board may issue only one new temporary trainee license under this subdivision.
2538.28. (a) An applicant who has fulfilled the requirements of Section 2538.24, and has made application therefor, and who proves to the satisfaction of the board that he or she will be supervised and trained by a hearing aid dispenser who is approved by the board may have a temporary trainee license issued to him or her. The temporary trainee license shall entitle the temporary trainee licensee to fit or sell hearing aids as set forth in regulations of the board. The supervising dispenser shall be responsible for any acts or omissions committed by a temporary trainee licensee under his or her supervision that may constitute a violation of this chapter.
(b) The board shall adopt regulations setting forth criteria for its refusal to approve a hearing aid dispenser to supervise a temporary trainee licensee, including procedures to appeal that decision.
(c) A temporary trainee license issued pursuant to this section is effective and valid for six months from date of issue. The board may renew the temporary trainee license for an additional period of six months. Except as provided in subdivision (d), the board shall not issue more than two renewals of a temporary trainee license to any applicant. Notwithstanding subdivision (d), if a temporary trainee licensee who is entitled to renew a temporary trainee license does not renew the temporary trainee license and applies for a new temporary trainee license at a later time, the new temporary trainee license shall only be issued and renewed subject to the limitations set forth in this subdivision.
(d) A new temporary trainee license may be issued pursuant to this section if a temporary trainee license issued pursuant to subdivision (c) has lapsed for a minimum of three years from the expiration or cancellation date of the previous temporary trainee license. The bureau board may issue only one new temporary trainee license under this subdivision.
SEC. 9. Section 2538.29 of the Business and Professions Code is amended to read:2538.29. A temporary licensee trainee licensed under Section 2538.28 shall take the license licensure examination within the first 10 12 months after the temporary trainee license is issued. Failure to take the license licensure examination within that time shall result in expiration of the temporary trainee license, and it shall not be renewed unless the temporary trainee licensee has first taken the licensure examination. The board, however, may in its discretion renew the temporary trainee license if the licensee failed to take the necessary licensure examination due to illness or other hardship.
SEC. 9. Section 2538.29 of the Business and Professions Code is amended to read:
### SEC. 9.
2538.29. A temporary licensee trainee licensed under Section 2538.28 shall take the license licensure examination within the first 10 12 months after the temporary trainee license is issued. Failure to take the license licensure examination within that time shall result in expiration of the temporary trainee license, and it shall not be renewed unless the temporary trainee licensee has first taken the licensure examination. The board, however, may in its discretion renew the temporary trainee license if the licensee failed to take the necessary licensure examination due to illness or other hardship.
2538.29. A temporary licensee trainee licensed under Section 2538.28 shall take the license licensure examination within the first 10 12 months after the temporary trainee license is issued. Failure to take the license licensure examination within that time shall result in expiration of the temporary trainee license, and it shall not be renewed unless the temporary trainee licensee has first taken the licensure examination. The board, however, may in its discretion renew the temporary trainee license if the licensee failed to take the necessary licensure examination due to illness or other hardship.
2538.29. A temporary licensee trainee licensed under Section 2538.28 shall take the license licensure examination within the first 10 12 months after the temporary trainee license is issued. Failure to take the license licensure examination within that time shall result in expiration of the temporary trainee license, and it shall not be renewed unless the temporary trainee licensee has first taken the licensure examination. The board, however, may in its discretion renew the temporary trainee license if the licensee failed to take the necessary licensure examination due to illness or other hardship.
2538.29. A temporary licensee trainee licensed under Section 2538.28 shall take the license licensure examination within the first 10 12 months after the temporary trainee license is issued. Failure to take the license licensure examination within that time shall result in expiration of the temporary trainee license, and it shall not be renewed unless the temporary trainee licensee has first taken the licensure examination. The board, however, may in its discretion renew the temporary trainee license if the licensee failed to take the necessary licensure examination due to illness or other hardship.
SEC. 10. Section 2538.30 of the Business and Professions Code is amended to read:2538.30. (a) A temporary or trainee licensee shall not be the sole proprietor of, manage, or independently operate a business which engages in the fitting or sale of hearing aids.(b) A temporary or trainee licensee shall not advertise or otherwise represent that he or she holds a license as a hearing aid dispenser.
SEC. 10. Section 2538.30 of the Business and Professions Code is amended to read:
### SEC. 10.
2538.30. (a) A temporary or trainee licensee shall not be the sole proprietor of, manage, or independently operate a business which engages in the fitting or sale of hearing aids.(b) A temporary or trainee licensee shall not advertise or otherwise represent that he or she holds a license as a hearing aid dispenser.
2538.30. (a) A temporary or trainee licensee shall not be the sole proprietor of, manage, or independently operate a business which engages in the fitting or sale of hearing aids.(b) A temporary or trainee licensee shall not advertise or otherwise represent that he or she holds a license as a hearing aid dispenser.
2538.30. (a) A temporary or trainee licensee shall not be the sole proprietor of, manage, or independently operate a business which engages in the fitting or sale of hearing aids.(b) A temporary or trainee licensee shall not advertise or otherwise represent that he or she holds a license as a hearing aid dispenser.
2538.30. (a) A temporary or trainee licensee shall not be the sole proprietor of, manage, or independently operate a business which engages in the fitting or sale of hearing aids.
(b) A temporary or trainee licensee shall not advertise or otherwise represent that he or she holds a license as a hearing aid dispenser.
SEC. 11. Section 2538.34 of the Business and Professions Code is amended to read:2538.34. (a) Every licensee who engages in the practice of fitting or selling hearing aids shall have and maintain an established retail business address to engage in that fitting or selling, routinely open for service to customers or clients. The address of the licensees place of business shall be registered with the bureau board as provided in Section 2538.33.(b) Except as provided in subdivision (c), if a licensee maintains more than one place of business within this state, he or she shall apply for and procure a duplicate license for each branch office maintained. The application shall state the name of the person and the location of the place or places of business for which the duplicate license is desired.(c) A hearing aid dispenser may, without obtaining a duplicate license for a branch office, engage on a temporary basis in the practice of fitting or selling hearing aids at the primary or branch location of another licensees business or at a location or facility that he or she may use on a temporary basis, provided that the hearing aid dispenser notifies the board in advance in writing of the dates and addresses of those businesses, locations, or facilities at which he or she will engage in the practice of fitting or selling hearing aids.
SEC. 11. Section 2538.34 of the Business and Professions Code is amended to read:
### SEC. 11.
2538.34. (a) Every licensee who engages in the practice of fitting or selling hearing aids shall have and maintain an established retail business address to engage in that fitting or selling, routinely open for service to customers or clients. The address of the licensees place of business shall be registered with the bureau board as provided in Section 2538.33.(b) Except as provided in subdivision (c), if a licensee maintains more than one place of business within this state, he or she shall apply for and procure a duplicate license for each branch office maintained. The application shall state the name of the person and the location of the place or places of business for which the duplicate license is desired.(c) A hearing aid dispenser may, without obtaining a duplicate license for a branch office, engage on a temporary basis in the practice of fitting or selling hearing aids at the primary or branch location of another licensees business or at a location or facility that he or she may use on a temporary basis, provided that the hearing aid dispenser notifies the board in advance in writing of the dates and addresses of those businesses, locations, or facilities at which he or she will engage in the practice of fitting or selling hearing aids.
2538.34. (a) Every licensee who engages in the practice of fitting or selling hearing aids shall have and maintain an established retail business address to engage in that fitting or selling, routinely open for service to customers or clients. The address of the licensees place of business shall be registered with the bureau board as provided in Section 2538.33.(b) Except as provided in subdivision (c), if a licensee maintains more than one place of business within this state, he or she shall apply for and procure a duplicate license for each branch office maintained. The application shall state the name of the person and the location of the place or places of business for which the duplicate license is desired.(c) A hearing aid dispenser may, without obtaining a duplicate license for a branch office, engage on a temporary basis in the practice of fitting or selling hearing aids at the primary or branch location of another licensees business or at a location or facility that he or she may use on a temporary basis, provided that the hearing aid dispenser notifies the board in advance in writing of the dates and addresses of those businesses, locations, or facilities at which he or she will engage in the practice of fitting or selling hearing aids.
2538.34. (a) Every licensee who engages in the practice of fitting or selling hearing aids shall have and maintain an established retail business address to engage in that fitting or selling, routinely open for service to customers or clients. The address of the licensees place of business shall be registered with the bureau board as provided in Section 2538.33.(b) Except as provided in subdivision (c), if a licensee maintains more than one place of business within this state, he or she shall apply for and procure a duplicate license for each branch office maintained. The application shall state the name of the person and the location of the place or places of business for which the duplicate license is desired.(c) A hearing aid dispenser may, without obtaining a duplicate license for a branch office, engage on a temporary basis in the practice of fitting or selling hearing aids at the primary or branch location of another licensees business or at a location or facility that he or she may use on a temporary basis, provided that the hearing aid dispenser notifies the board in advance in writing of the dates and addresses of those businesses, locations, or facilities at which he or she will engage in the practice of fitting or selling hearing aids.
2538.34. (a) Every licensee who engages in the practice of fitting or selling hearing aids shall have and maintain an established retail business address to engage in that fitting or selling, routinely open for service to customers or clients. The address of the licensees place of business shall be registered with the bureau board as provided in Section 2538.33.
(b) Except as provided in subdivision (c), if a licensee maintains more than one place of business within this state, he or she shall apply for and procure a duplicate license for each branch office maintained. The application shall state the name of the person and the location of the place or places of business for which the duplicate license is desired.
(c) A hearing aid dispenser may, without obtaining a duplicate license for a branch office, engage on a temporary basis in the practice of fitting or selling hearing aids at the primary or branch location of another licensees business or at a location or facility that he or she may use on a temporary basis, provided that the hearing aid dispenser notifies the board in advance in writing of the dates and addresses of those businesses, locations, or facilities at which he or she will engage in the practice of fitting or selling hearing aids.
SEC. 12. Section 2538.35 of the Business and Professions Code is amended to read:2538.35. A licensee shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf of the licensee, containing all of the following:(a) The date of consummation of the sale.(b) Specifications as to the make, serial number, and model number of the hearing aid or aids sold.(c) The address of the principal place of business of the licensee, and the address and office hours at which the licensee shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold.(d) A statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact.(e) The number of the licensees license and the name and license number of any other hearing aid dispenser or dispenser, temporary licensee licensee, or trainee licensee, who provided any recommendation or consultation regarding the purchase of the hearing aid.(f) The terms of any guarantee or written warranty, required by Section 1793.02 of the Civil Code, made to the purchaser with respect to the hearing aid or hearing aids.
SEC. 12. Section 2538.35 of the Business and Professions Code is amended to read:
### SEC. 12.
2538.35. A licensee shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf of the licensee, containing all of the following:(a) The date of consummation of the sale.(b) Specifications as to the make, serial number, and model number of the hearing aid or aids sold.(c) The address of the principal place of business of the licensee, and the address and office hours at which the licensee shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold.(d) A statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact.(e) The number of the licensees license and the name and license number of any other hearing aid dispenser or dispenser, temporary licensee licensee, or trainee licensee, who provided any recommendation or consultation regarding the purchase of the hearing aid.(f) The terms of any guarantee or written warranty, required by Section 1793.02 of the Civil Code, made to the purchaser with respect to the hearing aid or hearing aids.
2538.35. A licensee shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf of the licensee, containing all of the following:(a) The date of consummation of the sale.(b) Specifications as to the make, serial number, and model number of the hearing aid or aids sold.(c) The address of the principal place of business of the licensee, and the address and office hours at which the licensee shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold.(d) A statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact.(e) The number of the licensees license and the name and license number of any other hearing aid dispenser or dispenser, temporary licensee licensee, or trainee licensee, who provided any recommendation or consultation regarding the purchase of the hearing aid.(f) The terms of any guarantee or written warranty, required by Section 1793.02 of the Civil Code, made to the purchaser with respect to the hearing aid or hearing aids.
2538.35. A licensee shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf of the licensee, containing all of the following:(a) The date of consummation of the sale.(b) Specifications as to the make, serial number, and model number of the hearing aid or aids sold.(c) The address of the principal place of business of the licensee, and the address and office hours at which the licensee shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold.(d) A statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact.(e) The number of the licensees license and the name and license number of any other hearing aid dispenser or dispenser, temporary licensee licensee, or trainee licensee, who provided any recommendation or consultation regarding the purchase of the hearing aid.(f) The terms of any guarantee or written warranty, required by Section 1793.02 of the Civil Code, made to the purchaser with respect to the hearing aid or hearing aids.
2538.35. A licensee shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf of the licensee, containing all of the following:
(a) The date of consummation of the sale.
(b) Specifications as to the make, serial number, and model number of the hearing aid or aids sold.
(c) The address of the principal place of business of the licensee, and the address and office hours at which the licensee shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold.
(d) A statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact.
(e) The number of the licensees license and the name and license number of any other hearing aid dispenser or dispenser, temporary licensee licensee, or trainee licensee, who provided any recommendation or consultation regarding the purchase of the hearing aid.
(f) The terms of any guarantee or written warranty, required by Section 1793.02 of the Civil Code, made to the purchaser with respect to the hearing aid or hearing aids.
SEC. 13. Section 2538.38 of the Business and Professions Code is amended to read:2538.38. A licensee shall, upon the consummation of a sale of a hearing aid, keep and maintain records in his or her office or place of business at all times and each record shall be kept and maintained for a seven-year period. All records related to the sale and fitting of hearing aids shall be open to inspection by the bureau board or its authorized representatives upon reasonable notice. The records kept shall include:(a) Results of test techniques as they pertain to fitting of the hearing aid.(b) A copy of the written receipt required by Section 2538.35 and the written recommendation and receipt required by Section 2538.36 when applicable.(c) Records of maintenance or calibration of equipment used in the practice of fitting or selling hearing aids.
SEC. 13. Section 2538.38 of the Business and Professions Code is amended to read:
### SEC. 13.
2538.38. A licensee shall, upon the consummation of a sale of a hearing aid, keep and maintain records in his or her office or place of business at all times and each record shall be kept and maintained for a seven-year period. All records related to the sale and fitting of hearing aids shall be open to inspection by the bureau board or its authorized representatives upon reasonable notice. The records kept shall include:(a) Results of test techniques as they pertain to fitting of the hearing aid.(b) A copy of the written receipt required by Section 2538.35 and the written recommendation and receipt required by Section 2538.36 when applicable.(c) Records of maintenance or calibration of equipment used in the practice of fitting or selling hearing aids.
2538.38. A licensee shall, upon the consummation of a sale of a hearing aid, keep and maintain records in his or her office or place of business at all times and each record shall be kept and maintained for a seven-year period. All records related to the sale and fitting of hearing aids shall be open to inspection by the bureau board or its authorized representatives upon reasonable notice. The records kept shall include:(a) Results of test techniques as they pertain to fitting of the hearing aid.(b) A copy of the written receipt required by Section 2538.35 and the written recommendation and receipt required by Section 2538.36 when applicable.(c) Records of maintenance or calibration of equipment used in the practice of fitting or selling hearing aids.
2538.38. A licensee shall, upon the consummation of a sale of a hearing aid, keep and maintain records in his or her office or place of business at all times and each record shall be kept and maintained for a seven-year period. All records related to the sale and fitting of hearing aids shall be open to inspection by the bureau board or its authorized representatives upon reasonable notice. The records kept shall include:(a) Results of test techniques as they pertain to fitting of the hearing aid.(b) A copy of the written receipt required by Section 2538.35 and the written recommendation and receipt required by Section 2538.36 when applicable.(c) Records of maintenance or calibration of equipment used in the practice of fitting or selling hearing aids.
2538.38. A licensee shall, upon the consummation of a sale of a hearing aid, keep and maintain records in his or her office or place of business at all times and each record shall be kept and maintained for a seven-year period. All records related to the sale and fitting of hearing aids shall be open to inspection by the bureau board or its authorized representatives upon reasonable notice. The records kept shall include:
(a) Results of test techniques as they pertain to fitting of the hearing aid.
(b) A copy of the written receipt required by Section 2538.35 and the written recommendation and receipt required by Section 2538.36 when applicable.
(c) Records of maintenance or calibration of equipment used in the practice of fitting or selling hearing aids.
SEC. 4.SEC. 14. Section 2570.19 of the Business and Professions Code is amended to read:2570.19. (a) There is hereby created a California Board of Occupational Therapy, hereafter referred to as the board. The board shall enforce and administer this chapter.(b) The members of the board shall consist of the following:(1) Three occupational therapists who shall have practiced occupational therapy for five years.(2) One occupational therapy assistant who shall have assisted in the practice of occupational therapy for five years.(3) Three public members who shall not be licentiates of the board, of any other board under this division, or of any board referred to in Section 1000 or 3600.(c) The Governor shall appoint the three occupational therapists and one occupational therapy assistant to be members of the board. The Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall each appoint a public member. Not more than one member of the board shall be appointed from the full-time faculty of any university, college, or other educational institution.(d) All members shall be residents of California at the time of their appointment. The occupational therapist and occupational therapy assistant members shall have been engaged in rendering occupational therapy services to the public, teaching, or research in occupational therapy for at least five years preceding their appointments.(e) The public members may not be or have ever been occupational therapists or occupational therapy assistants or in training to become occupational therapists or occupational therapy assistants. The public members may not be related to, or have a household member who is, an occupational therapist or an occupational therapy assistant, and may not have had, within two years of the appointment, a substantial financial interest in a person regulated by the board.(f) The Governor shall appoint two board members for a term of one year, two board members for a term of two years, and one board member for a term of three years. Appointments made thereafter shall be for four-year terms, but no person shall be appointed to serve more than two consecutive terms. Terms shall begin on the first day of the calendar year and end on the last day of the calendar year or until successors are appointed, except for the first appointed members who shall serve through the last calendar day of the year in which they are appointed, before commencing the terms prescribed by this section. Vacancies shall be filled by appointment for the unexpired term. The board shall annually elect one of its members as president.(g) The board shall meet and hold at least one regular meeting annually in the Cities of Sacramento, Los Angeles, and San Francisco. The board may convene from time to time until its business is concluded. Special meetings of the board may be held at any time and place designated by the board.(h) Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(i) Members of the board shall receive no compensation for their services, but shall be entitled to reasonable travel and other expenses incurred in the execution of their powers and duties in accordance with Section 103.(j) The appointing power shall have the power to remove any member of the board from office for neglect of any duty imposed by state law, for incompetency, or for unprofessional or dishonorable conduct.(k) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.(l) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 4.SEC. 14. Section 2570.19 of the Business and Professions Code is amended to read:
### SEC. 4.SEC. 14.
2570.19. (a) There is hereby created a California Board of Occupational Therapy, hereafter referred to as the board. The board shall enforce and administer this chapter.(b) The members of the board shall consist of the following:(1) Three occupational therapists who shall have practiced occupational therapy for five years.(2) One occupational therapy assistant who shall have assisted in the practice of occupational therapy for five years.(3) Three public members who shall not be licentiates of the board, of any other board under this division, or of any board referred to in Section 1000 or 3600.(c) The Governor shall appoint the three occupational therapists and one occupational therapy assistant to be members of the board. The Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall each appoint a public member. Not more than one member of the board shall be appointed from the full-time faculty of any university, college, or other educational institution.(d) All members shall be residents of California at the time of their appointment. The occupational therapist and occupational therapy assistant members shall have been engaged in rendering occupational therapy services to the public, teaching, or research in occupational therapy for at least five years preceding their appointments.(e) The public members may not be or have ever been occupational therapists or occupational therapy assistants or in training to become occupational therapists or occupational therapy assistants. The public members may not be related to, or have a household member who is, an occupational therapist or an occupational therapy assistant, and may not have had, within two years of the appointment, a substantial financial interest in a person regulated by the board.(f) The Governor shall appoint two board members for a term of one year, two board members for a term of two years, and one board member for a term of three years. Appointments made thereafter shall be for four-year terms, but no person shall be appointed to serve more than two consecutive terms. Terms shall begin on the first day of the calendar year and end on the last day of the calendar year or until successors are appointed, except for the first appointed members who shall serve through the last calendar day of the year in which they are appointed, before commencing the terms prescribed by this section. Vacancies shall be filled by appointment for the unexpired term. The board shall annually elect one of its members as president.(g) The board shall meet and hold at least one regular meeting annually in the Cities of Sacramento, Los Angeles, and San Francisco. The board may convene from time to time until its business is concluded. Special meetings of the board may be held at any time and place designated by the board.(h) Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(i) Members of the board shall receive no compensation for their services, but shall be entitled to reasonable travel and other expenses incurred in the execution of their powers and duties in accordance with Section 103.(j) The appointing power shall have the power to remove any member of the board from office for neglect of any duty imposed by state law, for incompetency, or for unprofessional or dishonorable conduct.(k) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.(l) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
2570.19. (a) There is hereby created a California Board of Occupational Therapy, hereafter referred to as the board. The board shall enforce and administer this chapter.(b) The members of the board shall consist of the following:(1) Three occupational therapists who shall have practiced occupational therapy for five years.(2) One occupational therapy assistant who shall have assisted in the practice of occupational therapy for five years.(3) Three public members who shall not be licentiates of the board, of any other board under this division, or of any board referred to in Section 1000 or 3600.(c) The Governor shall appoint the three occupational therapists and one occupational therapy assistant to be members of the board. The Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall each appoint a public member. Not more than one member of the board shall be appointed from the full-time faculty of any university, college, or other educational institution.(d) All members shall be residents of California at the time of their appointment. The occupational therapist and occupational therapy assistant members shall have been engaged in rendering occupational therapy services to the public, teaching, or research in occupational therapy for at least five years preceding their appointments.(e) The public members may not be or have ever been occupational therapists or occupational therapy assistants or in training to become occupational therapists or occupational therapy assistants. The public members may not be related to, or have a household member who is, an occupational therapist or an occupational therapy assistant, and may not have had, within two years of the appointment, a substantial financial interest in a person regulated by the board.(f) The Governor shall appoint two board members for a term of one year, two board members for a term of two years, and one board member for a term of three years. Appointments made thereafter shall be for four-year terms, but no person shall be appointed to serve more than two consecutive terms. Terms shall begin on the first day of the calendar year and end on the last day of the calendar year or until successors are appointed, except for the first appointed members who shall serve through the last calendar day of the year in which they are appointed, before commencing the terms prescribed by this section. Vacancies shall be filled by appointment for the unexpired term. The board shall annually elect one of its members as president.(g) The board shall meet and hold at least one regular meeting annually in the Cities of Sacramento, Los Angeles, and San Francisco. The board may convene from time to time until its business is concluded. Special meetings of the board may be held at any time and place designated by the board.(h) Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(i) Members of the board shall receive no compensation for their services, but shall be entitled to reasonable travel and other expenses incurred in the execution of their powers and duties in accordance with Section 103.(j) The appointing power shall have the power to remove any member of the board from office for neglect of any duty imposed by state law, for incompetency, or for unprofessional or dishonorable conduct.(k) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.(l) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
2570.19. (a) There is hereby created a California Board of Occupational Therapy, hereafter referred to as the board. The board shall enforce and administer this chapter.(b) The members of the board shall consist of the following:(1) Three occupational therapists who shall have practiced occupational therapy for five years.(2) One occupational therapy assistant who shall have assisted in the practice of occupational therapy for five years.(3) Three public members who shall not be licentiates of the board, of any other board under this division, or of any board referred to in Section 1000 or 3600.(c) The Governor shall appoint the three occupational therapists and one occupational therapy assistant to be members of the board. The Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall each appoint a public member. Not more than one member of the board shall be appointed from the full-time faculty of any university, college, or other educational institution.(d) All members shall be residents of California at the time of their appointment. The occupational therapist and occupational therapy assistant members shall have been engaged in rendering occupational therapy services to the public, teaching, or research in occupational therapy for at least five years preceding their appointments.(e) The public members may not be or have ever been occupational therapists or occupational therapy assistants or in training to become occupational therapists or occupational therapy assistants. The public members may not be related to, or have a household member who is, an occupational therapist or an occupational therapy assistant, and may not have had, within two years of the appointment, a substantial financial interest in a person regulated by the board.(f) The Governor shall appoint two board members for a term of one year, two board members for a term of two years, and one board member for a term of three years. Appointments made thereafter shall be for four-year terms, but no person shall be appointed to serve more than two consecutive terms. Terms shall begin on the first day of the calendar year and end on the last day of the calendar year or until successors are appointed, except for the first appointed members who shall serve through the last calendar day of the year in which they are appointed, before commencing the terms prescribed by this section. Vacancies shall be filled by appointment for the unexpired term. The board shall annually elect one of its members as president.(g) The board shall meet and hold at least one regular meeting annually in the Cities of Sacramento, Los Angeles, and San Francisco. The board may convene from time to time until its business is concluded. Special meetings of the board may be held at any time and place designated by the board.(h) Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(i) Members of the board shall receive no compensation for their services, but shall be entitled to reasonable travel and other expenses incurred in the execution of their powers and duties in accordance with Section 103.(j) The appointing power shall have the power to remove any member of the board from office for neglect of any duty imposed by state law, for incompetency, or for unprofessional or dishonorable conduct.(k) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.(l) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
2570.19. (a) There is hereby created a California Board of Occupational Therapy, hereafter referred to as the board. The board shall enforce and administer this chapter.
(b) The members of the board shall consist of the following:
(1) Three occupational therapists who shall have practiced occupational therapy for five years.
(2) One occupational therapy assistant who shall have assisted in the practice of occupational therapy for five years.
(3) Three public members who shall not be licentiates of the board, of any other board under this division, or of any board referred to in Section 1000 or 3600.
(c) The Governor shall appoint the three occupational therapists and one occupational therapy assistant to be members of the board. The Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall each appoint a public member. Not more than one member of the board shall be appointed from the full-time faculty of any university, college, or other educational institution.
(d) All members shall be residents of California at the time of their appointment. The occupational therapist and occupational therapy assistant members shall have been engaged in rendering occupational therapy services to the public, teaching, or research in occupational therapy for at least five years preceding their appointments.
(e) The public members may not be or have ever been occupational therapists or occupational therapy assistants or in training to become occupational therapists or occupational therapy assistants. The public members may not be related to, or have a household member who is, an occupational therapist or an occupational therapy assistant, and may not have had, within two years of the appointment, a substantial financial interest in a person regulated by the board.
(f) The Governor shall appoint two board members for a term of one year, two board members for a term of two years, and one board member for a term of three years. Appointments made thereafter shall be for four-year terms, but no person shall be appointed to serve more than two consecutive terms. Terms shall begin on the first day of the calendar year and end on the last day of the calendar year or until successors are appointed, except for the first appointed members who shall serve through the last calendar day of the year in which they are appointed, before commencing the terms prescribed by this section. Vacancies shall be filled by appointment for the unexpired term. The board shall annually elect one of its members as president.
(g) The board shall meet and hold at least one regular meeting annually in the Cities of Sacramento, Los Angeles, and San Francisco. The board may convene from time to time until its business is concluded. Special meetings of the board may be held at any time and place designated by the board.
(h) Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(i) Members of the board shall receive no compensation for their services, but shall be entitled to reasonable travel and other expenses incurred in the execution of their powers and duties in accordance with Section 103.
(j) The appointing power shall have the power to remove any member of the board from office for neglect of any duty imposed by state law, for incompetency, or for unprofessional or dishonorable conduct.
(k) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
(l) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 5.SEC. 15. Section 2602 of the Business and Professions Code is amended to read:2602. (a) The Physical Therapy 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, 2022, and as of that date is repealed.(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 5.SEC. 15. Section 2602 of the Business and Professions Code is amended to read:
### SEC. 5.SEC. 15.
2602. (a) The Physical Therapy 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, 2022, and as of that date is repealed.(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
2602. (a) The Physical Therapy 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, 2022, and as of that date is repealed.(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
2602. (a) The Physical Therapy 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, 2022, and as of that date is repealed.(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
2602. (a) The Physical Therapy 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, 2022, and as of that date is repealed.
(c) 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. 16. Section 2607.5 of the Business and Professions Code is amended to read:2607.5. (a) The board may employ an executive officer exempt from the provisions of the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) and may also employ investigators, legal counsel, physical therapist consultants, and other assistance as it may deem necessary to carry out this chapter. The board may fix the compensation to be paid for services and may incur other expenses as it may deem necessary. Investigators employed by the board shall be provided special training in investigating physical therapy practice activities.(b) The Attorney General shall act as legal counsel for the board for any judicial and administrative proceedings and his or her services shall be a charge against it.(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
SEC. 6.SEC. 16. Section 2607.5 of the Business and Professions Code is amended to read:
### SEC. 6.SEC. 16.
2607.5. (a) The board may employ an executive officer exempt from the provisions of the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) and may also employ investigators, legal counsel, physical therapist consultants, and other assistance as it may deem necessary to carry out this chapter. The board may fix the compensation to be paid for services and may incur other expenses as it may deem necessary. Investigators employed by the board shall be provided special training in investigating physical therapy practice activities.(b) The Attorney General shall act as legal counsel for the board for any judicial and administrative proceedings and his or her services shall be a charge against it.(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
2607.5. (a) The board may employ an executive officer exempt from the provisions of the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) and may also employ investigators, legal counsel, physical therapist consultants, and other assistance as it may deem necessary to carry out this chapter. The board may fix the compensation to be paid for services and may incur other expenses as it may deem necessary. Investigators employed by the board shall be provided special training in investigating physical therapy practice activities.(b) The Attorney General shall act as legal counsel for the board for any judicial and administrative proceedings and his or her services shall be a charge against it.(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
2607.5. (a) The board may employ an executive officer exempt from the provisions of the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) and may also employ investigators, legal counsel, physical therapist consultants, and other assistance as it may deem necessary to carry out this chapter. The board may fix the compensation to be paid for services and may incur other expenses as it may deem necessary. Investigators employed by the board shall be provided special training in investigating physical therapy practice activities.(b) The Attorney General shall act as legal counsel for the board for any judicial and administrative proceedings and his or her services shall be a charge against it.(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
2607.5. (a) The board may employ an executive officer exempt from the provisions of the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) and may also employ investigators, legal counsel, physical therapist consultants, and other assistance as it may deem necessary to carry out this chapter. The board may fix the compensation to be paid for services and may incur other expenses as it may deem necessary. Investigators employed by the board shall be provided special training in investigating physical therapy practice activities.
(b) The Attorney General shall act as legal counsel for the board for any judicial and administrative proceedings and his or her services shall be a charge against it.
(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.