Amended IN Assembly April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3217Introduced by Assembly Member BermanFebruary 16, 2018An act to amend Section 44257.2 of the Education Code, relating to teacher credentialing. add Sections 17539.7 and 17539.8 to the Business and Professions Code, relating to advertising.LEGISLATIVE COUNSEL'S DIGESTAB 3217, as amended, Berman. Teacher credentialing: multiple or single subject teaching credential: concentration in a particular subject. Legal services: advertising.Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. The State Bar Act also provides for the regulation of legal advertising, as defined, and, among other things, prohibits an advertisement from containing any false, misleading, or deceptive statement.The Unfair Competition Law (UCL) establishes a statutory cause of action for unfair competition, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising.This bill would require under the UCL that an advertisement for legal services soliciting clients who may allege an injury from a prescription drug to include a statement advising the client not to stop taking the medication, as specified.This bill would also prohibit a person to use, cause to be used, obtain, sell, transfer, or disclose to another person without written authorization, protected health information, as defined, for the purpose of soliciting an individual for legal services.Existing law requires the Commission on Teacher Credentialing, among other duties, to establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law, in order to ensure excellence in teaching in specific subjects, authorizes the commission to issue a multiple or single subject teaching credential with a specified concentration in a particular subject, as provided.This bill would make nonsubstantive changes to the latter provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 17539.7 is added to the Business and Professions Code, to read:17539.7. (a) An advertisement for legal services soliciting clients who may allege an injury from a prescription drug approved, cleared, or the subject of a monograph authorized by the United States Food and Drug Administration shall include the following warning: DO NOT STOP TAKING A PRESCRIBED MEDICATION WITHOUT FIRST CONSULTING WITH YOUR DOCTOR. DISCONTINUING A PRESCRIBED MEDICATION WITHOUT YOUR DOCTORS ADVICE CAN RESULT IN INJURY OR DEATH.(b) (1) The disclosure required pursuant to subdivision (a) shall be presented clearly and conspicuously.(2) Written disclosures shall be clearly legible and, if televised or displayed electronically, shall be displayed for a sufficient time to enable the viewer to easily see and fully read the disclosure or disclaimer.(3) Spoken disclosures shall be plainly audible and clearly intelligible.(c) As used in this section, advertising or advertisement means a solicitation for legal services through television, radio, internet, including domain name, newspaper or other periodical, outdoor display, or other written, electronic, or recorded communication.(d) This section shall apply to any attorney, law firm, or individual, partnership, corporation, association, or any other entity that advertises legal services or identifies potential clients for attorneys or law firms.(e) Nothing in this section may be construed to limit or otherwise affect the application of the State Bar Act (Chapter 4 (commencing with Section 6000) of Division 3).SEC. 2. Section 17539.8 is added to the Business and Professions Code, to read:17539.8. (a) It is unlawful for a person to use, cause to be used, obtain, sell, transfer, or disclose to another person without written authorization, protected health information, as defined in Parts 160 and 164 of Title 45 of the Code of Federal Regulations, for the purpose of soliciting an individual for legal services.(b) This section shall apply to any attorney, law firm, or individual, partnership, corporation, association, or any other entity that advertises legal services or identifies potential clients for attorneys or law firms.(c) As used in this section, solicit means offer to provide legal services by written, recorded, or electronic communications or by in-person, telephone, or real-time electronic contact.(d) Nothing in this section may be construed to limit or otherwise affect the application of the State Bar Act (Chapter 4 (commencing with Section 6000) of Division 3).SECTION 1.Section 44257.2 of the Education Code is amended to read:44257.2.(a)In order to ensure excellence in teaching in specific subjects, the commission may issue a multiple or single subject teaching credential with a specified concentration in a particular subject based upon the depth of an applicants preparation in an important subject of the school curriculum. The commission shall establish and maintain standards for concentrations in particular subjects, as necessary.(b)The commission shall determine the authorizations of teaching credentials with concentrations. The commission shall ensure that, with the exception of the single subject teaching credential specified in subdivision (c), the authorization of a credential with a specified concentration shall not be more restrictive than the authorization of the same credential without the specified concentration.(c)The commission shall issue the single subject teaching credential in science with a specified concentration in a particular subject. The commission shall establish and maintain standards for concentrations in science that shall consist of biological sciences, chemistry, geosciences, and physics. The holder of the single subject teaching credential in science shall be qualified and authorized to teach courses in general science, introductory science, integrated science, and coordinated science in kindergarten and grades 1 to 12, inclusive.
Amended IN Assembly April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3217Introduced by Assembly Member BermanFebruary 16, 2018An act to amend Section 44257.2 of the Education Code, relating to teacher credentialing. add Sections 17539.7 and 17539.8 to the Business and Professions Code, relating to advertising.LEGISLATIVE COUNSEL'S DIGESTAB 3217, as amended, Berman. Teacher credentialing: multiple or single subject teaching credential: concentration in a particular subject. Legal services: advertising.Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. The State Bar Act also provides for the regulation of legal advertising, as defined, and, among other things, prohibits an advertisement from containing any false, misleading, or deceptive statement.The Unfair Competition Law (UCL) establishes a statutory cause of action for unfair competition, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising.This bill would require under the UCL that an advertisement for legal services soliciting clients who may allege an injury from a prescription drug to include a statement advising the client not to stop taking the medication, as specified.This bill would also prohibit a person to use, cause to be used, obtain, sell, transfer, or disclose to another person without written authorization, protected health information, as defined, for the purpose of soliciting an individual for legal services.Existing law requires the Commission on Teacher Credentialing, among other duties, to establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law, in order to ensure excellence in teaching in specific subjects, authorizes the commission to issue a multiple or single subject teaching credential with a specified concentration in a particular subject, as provided.This bill would make nonsubstantive changes to the latter provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly April 02, 2018
Amended IN Assembly April 02, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 3217
Introduced by Assembly Member BermanFebruary 16, 2018
Introduced by Assembly Member Berman
February 16, 2018
An act to amend Section 44257.2 of the Education Code, relating to teacher credentialing. add Sections 17539.7 and 17539.8 to the Business and Professions Code, relating to advertising.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 3217, as amended, Berman. Teacher credentialing: multiple or single subject teaching credential: concentration in a particular subject. Legal services: advertising.
Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. The State Bar Act also provides for the regulation of legal advertising, as defined, and, among other things, prohibits an advertisement from containing any false, misleading, or deceptive statement.The Unfair Competition Law (UCL) establishes a statutory cause of action for unfair competition, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising.This bill would require under the UCL that an advertisement for legal services soliciting clients who may allege an injury from a prescription drug to include a statement advising the client not to stop taking the medication, as specified.This bill would also prohibit a person to use, cause to be used, obtain, sell, transfer, or disclose to another person without written authorization, protected health information, as defined, for the purpose of soliciting an individual for legal services.Existing law requires the Commission on Teacher Credentialing, among other duties, to establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law, in order to ensure excellence in teaching in specific subjects, authorizes the commission to issue a multiple or single subject teaching credential with a specified concentration in a particular subject, as provided.This bill would make nonsubstantive changes to the latter provision.
Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. The State Bar Act also provides for the regulation of legal advertising, as defined, and, among other things, prohibits an advertisement from containing any false, misleading, or deceptive statement.
The Unfair Competition Law (UCL) establishes a statutory cause of action for unfair competition, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising.
This bill would require under the UCL that an advertisement for legal services soliciting clients who may allege an injury from a prescription drug to include a statement advising the client not to stop taking the medication, as specified.
This bill would also prohibit a person to use, cause to be used, obtain, sell, transfer, or disclose to another person without written authorization, protected health information, as defined, for the purpose of soliciting an individual for legal services.
Existing law requires the Commission on Teacher Credentialing, among other duties, to establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law, in order to ensure excellence in teaching in specific subjects, authorizes the commission to issue a multiple or single subject teaching credential with a specified concentration in a particular subject, as provided.
This bill would make nonsubstantive changes to the latter provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 17539.7 is added to the Business and Professions Code, to read:17539.7. (a) An advertisement for legal services soliciting clients who may allege an injury from a prescription drug approved, cleared, or the subject of a monograph authorized by the United States Food and Drug Administration shall include the following warning: DO NOT STOP TAKING A PRESCRIBED MEDICATION WITHOUT FIRST CONSULTING WITH YOUR DOCTOR. DISCONTINUING A PRESCRIBED MEDICATION WITHOUT YOUR DOCTORS ADVICE CAN RESULT IN INJURY OR DEATH.(b) (1) The disclosure required pursuant to subdivision (a) shall be presented clearly and conspicuously.(2) Written disclosures shall be clearly legible and, if televised or displayed electronically, shall be displayed for a sufficient time to enable the viewer to easily see and fully read the disclosure or disclaimer.(3) Spoken disclosures shall be plainly audible and clearly intelligible.(c) As used in this section, advertising or advertisement means a solicitation for legal services through television, radio, internet, including domain name, newspaper or other periodical, outdoor display, or other written, electronic, or recorded communication.(d) This section shall apply to any attorney, law firm, or individual, partnership, corporation, association, or any other entity that advertises legal services or identifies potential clients for attorneys or law firms.(e) Nothing in this section may be construed to limit or otherwise affect the application of the State Bar Act (Chapter 4 (commencing with Section 6000) of Division 3).SEC. 2. Section 17539.8 is added to the Business and Professions Code, to read:17539.8. (a) It is unlawful for a person to use, cause to be used, obtain, sell, transfer, or disclose to another person without written authorization, protected health information, as defined in Parts 160 and 164 of Title 45 of the Code of Federal Regulations, for the purpose of soliciting an individual for legal services.(b) This section shall apply to any attorney, law firm, or individual, partnership, corporation, association, or any other entity that advertises legal services or identifies potential clients for attorneys or law firms.(c) As used in this section, solicit means offer to provide legal services by written, recorded, or electronic communications or by in-person, telephone, or real-time electronic contact.(d) Nothing in this section may be construed to limit or otherwise affect the application of the State Bar Act (Chapter 4 (commencing with Section 6000) of Division 3).SECTION 1.Section 44257.2 of the Education Code is amended to read:44257.2.(a)In order to ensure excellence in teaching in specific subjects, the commission may issue a multiple or single subject teaching credential with a specified concentration in a particular subject based upon the depth of an applicants preparation in an important subject of the school curriculum. The commission shall establish and maintain standards for concentrations in particular subjects, as necessary.(b)The commission shall determine the authorizations of teaching credentials with concentrations. The commission shall ensure that, with the exception of the single subject teaching credential specified in subdivision (c), the authorization of a credential with a specified concentration shall not be more restrictive than the authorization of the same credential without the specified concentration.(c)The commission shall issue the single subject teaching credential in science with a specified concentration in a particular subject. The commission shall establish and maintain standards for concentrations in science that shall consist of biological sciences, chemistry, geosciences, and physics. The holder of the single subject teaching credential in science shall be qualified and authorized to teach courses in general science, introductory science, integrated science, and coordinated science in kindergarten and grades 1 to 12, inclusive.
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 17539.7 is added to the Business and Professions Code, to read:17539.7. (a) An advertisement for legal services soliciting clients who may allege an injury from a prescription drug approved, cleared, or the subject of a monograph authorized by the United States Food and Drug Administration shall include the following warning: DO NOT STOP TAKING A PRESCRIBED MEDICATION WITHOUT FIRST CONSULTING WITH YOUR DOCTOR. DISCONTINUING A PRESCRIBED MEDICATION WITHOUT YOUR DOCTORS ADVICE CAN RESULT IN INJURY OR DEATH.(b) (1) The disclosure required pursuant to subdivision (a) shall be presented clearly and conspicuously.(2) Written disclosures shall be clearly legible and, if televised or displayed electronically, shall be displayed for a sufficient time to enable the viewer to easily see and fully read the disclosure or disclaimer.(3) Spoken disclosures shall be plainly audible and clearly intelligible.(c) As used in this section, advertising or advertisement means a solicitation for legal services through television, radio, internet, including domain name, newspaper or other periodical, outdoor display, or other written, electronic, or recorded communication.(d) This section shall apply to any attorney, law firm, or individual, partnership, corporation, association, or any other entity that advertises legal services or identifies potential clients for attorneys or law firms.(e) Nothing in this section may be construed to limit or otherwise affect the application of the State Bar Act (Chapter 4 (commencing with Section 6000) of Division 3).
SECTION 1. Section 17539.7 is added to the Business and Professions Code, to read:
### SECTION 1.
17539.7. (a) An advertisement for legal services soliciting clients who may allege an injury from a prescription drug approved, cleared, or the subject of a monograph authorized by the United States Food and Drug Administration shall include the following warning: DO NOT STOP TAKING A PRESCRIBED MEDICATION WITHOUT FIRST CONSULTING WITH YOUR DOCTOR. DISCONTINUING A PRESCRIBED MEDICATION WITHOUT YOUR DOCTORS ADVICE CAN RESULT IN INJURY OR DEATH.(b) (1) The disclosure required pursuant to subdivision (a) shall be presented clearly and conspicuously.(2) Written disclosures shall be clearly legible and, if televised or displayed electronically, shall be displayed for a sufficient time to enable the viewer to easily see and fully read the disclosure or disclaimer.(3) Spoken disclosures shall be plainly audible and clearly intelligible.(c) As used in this section, advertising or advertisement means a solicitation for legal services through television, radio, internet, including domain name, newspaper or other periodical, outdoor display, or other written, electronic, or recorded communication.(d) This section shall apply to any attorney, law firm, or individual, partnership, corporation, association, or any other entity that advertises legal services or identifies potential clients for attorneys or law firms.(e) Nothing in this section may be construed to limit or otherwise affect the application of the State Bar Act (Chapter 4 (commencing with Section 6000) of Division 3).
17539.7. (a) An advertisement for legal services soliciting clients who may allege an injury from a prescription drug approved, cleared, or the subject of a monograph authorized by the United States Food and Drug Administration shall include the following warning: DO NOT STOP TAKING A PRESCRIBED MEDICATION WITHOUT FIRST CONSULTING WITH YOUR DOCTOR. DISCONTINUING A PRESCRIBED MEDICATION WITHOUT YOUR DOCTORS ADVICE CAN RESULT IN INJURY OR DEATH.(b) (1) The disclosure required pursuant to subdivision (a) shall be presented clearly and conspicuously.(2) Written disclosures shall be clearly legible and, if televised or displayed electronically, shall be displayed for a sufficient time to enable the viewer to easily see and fully read the disclosure or disclaimer.(3) Spoken disclosures shall be plainly audible and clearly intelligible.(c) As used in this section, advertising or advertisement means a solicitation for legal services through television, radio, internet, including domain name, newspaper or other periodical, outdoor display, or other written, electronic, or recorded communication.(d) This section shall apply to any attorney, law firm, or individual, partnership, corporation, association, or any other entity that advertises legal services or identifies potential clients for attorneys or law firms.(e) Nothing in this section may be construed to limit or otherwise affect the application of the State Bar Act (Chapter 4 (commencing with Section 6000) of Division 3).
17539.7. (a) An advertisement for legal services soliciting clients who may allege an injury from a prescription drug approved, cleared, or the subject of a monograph authorized by the United States Food and Drug Administration shall include the following warning: DO NOT STOP TAKING A PRESCRIBED MEDICATION WITHOUT FIRST CONSULTING WITH YOUR DOCTOR. DISCONTINUING A PRESCRIBED MEDICATION WITHOUT YOUR DOCTORS ADVICE CAN RESULT IN INJURY OR DEATH.(b) (1) The disclosure required pursuant to subdivision (a) shall be presented clearly and conspicuously.(2) Written disclosures shall be clearly legible and, if televised or displayed electronically, shall be displayed for a sufficient time to enable the viewer to easily see and fully read the disclosure or disclaimer.(3) Spoken disclosures shall be plainly audible and clearly intelligible.(c) As used in this section, advertising or advertisement means a solicitation for legal services through television, radio, internet, including domain name, newspaper or other periodical, outdoor display, or other written, electronic, or recorded communication.(d) This section shall apply to any attorney, law firm, or individual, partnership, corporation, association, or any other entity that advertises legal services or identifies potential clients for attorneys or law firms.(e) Nothing in this section may be construed to limit or otherwise affect the application of the State Bar Act (Chapter 4 (commencing with Section 6000) of Division 3).
17539.7. (a) An advertisement for legal services soliciting clients who may allege an injury from a prescription drug approved, cleared, or the subject of a monograph authorized by the United States Food and Drug Administration shall include the following warning: DO NOT STOP TAKING A PRESCRIBED MEDICATION WITHOUT FIRST CONSULTING WITH YOUR DOCTOR. DISCONTINUING A PRESCRIBED MEDICATION WITHOUT YOUR DOCTORS ADVICE CAN RESULT IN INJURY OR DEATH.
(b) (1) The disclosure required pursuant to subdivision (a) shall be presented clearly and conspicuously.
(2) Written disclosures shall be clearly legible and, if televised or displayed electronically, shall be displayed for a sufficient time to enable the viewer to easily see and fully read the disclosure or disclaimer.
(3) Spoken disclosures shall be plainly audible and clearly intelligible.
(c) As used in this section, advertising or advertisement means a solicitation for legal services through television, radio, internet, including domain name, newspaper or other periodical, outdoor display, or other written, electronic, or recorded communication.
(d) This section shall apply to any attorney, law firm, or individual, partnership, corporation, association, or any other entity that advertises legal services or identifies potential clients for attorneys or law firms.
(e) Nothing in this section may be construed to limit or otherwise affect the application of the State Bar Act (Chapter 4 (commencing with Section 6000) of Division 3).
SEC. 2. Section 17539.8 is added to the Business and Professions Code, to read:17539.8. (a) It is unlawful for a person to use, cause to be used, obtain, sell, transfer, or disclose to another person without written authorization, protected health information, as defined in Parts 160 and 164 of Title 45 of the Code of Federal Regulations, for the purpose of soliciting an individual for legal services.(b) This section shall apply to any attorney, law firm, or individual, partnership, corporation, association, or any other entity that advertises legal services or identifies potential clients for attorneys or law firms.(c) As used in this section, solicit means offer to provide legal services by written, recorded, or electronic communications or by in-person, telephone, or real-time electronic contact.(d) Nothing in this section may be construed to limit or otherwise affect the application of the State Bar Act (Chapter 4 (commencing with Section 6000) of Division 3).
SEC. 2. Section 17539.8 is added to the Business and Professions Code, to read:
### SEC. 2.
17539.8. (a) It is unlawful for a person to use, cause to be used, obtain, sell, transfer, or disclose to another person without written authorization, protected health information, as defined in Parts 160 and 164 of Title 45 of the Code of Federal Regulations, for the purpose of soliciting an individual for legal services.(b) This section shall apply to any attorney, law firm, or individual, partnership, corporation, association, or any other entity that advertises legal services or identifies potential clients for attorneys or law firms.(c) As used in this section, solicit means offer to provide legal services by written, recorded, or electronic communications or by in-person, telephone, or real-time electronic contact.(d) Nothing in this section may be construed to limit or otherwise affect the application of the State Bar Act (Chapter 4 (commencing with Section 6000) of Division 3).
17539.8. (a) It is unlawful for a person to use, cause to be used, obtain, sell, transfer, or disclose to another person without written authorization, protected health information, as defined in Parts 160 and 164 of Title 45 of the Code of Federal Regulations, for the purpose of soliciting an individual for legal services.(b) This section shall apply to any attorney, law firm, or individual, partnership, corporation, association, or any other entity that advertises legal services or identifies potential clients for attorneys or law firms.(c) As used in this section, solicit means offer to provide legal services by written, recorded, or electronic communications or by in-person, telephone, or real-time electronic contact.(d) Nothing in this section may be construed to limit or otherwise affect the application of the State Bar Act (Chapter 4 (commencing with Section 6000) of Division 3).
17539.8. (a) It is unlawful for a person to use, cause to be used, obtain, sell, transfer, or disclose to another person without written authorization, protected health information, as defined in Parts 160 and 164 of Title 45 of the Code of Federal Regulations, for the purpose of soliciting an individual for legal services.(b) This section shall apply to any attorney, law firm, or individual, partnership, corporation, association, or any other entity that advertises legal services or identifies potential clients for attorneys or law firms.(c) As used in this section, solicit means offer to provide legal services by written, recorded, or electronic communications or by in-person, telephone, or real-time electronic contact.(d) Nothing in this section may be construed to limit or otherwise affect the application of the State Bar Act (Chapter 4 (commencing with Section 6000) of Division 3).
17539.8. (a) It is unlawful for a person to use, cause to be used, obtain, sell, transfer, or disclose to another person without written authorization, protected health information, as defined in Parts 160 and 164 of Title 45 of the Code of Federal Regulations, for the purpose of soliciting an individual for legal services.
(b) This section shall apply to any attorney, law firm, or individual, partnership, corporation, association, or any other entity that advertises legal services or identifies potential clients for attorneys or law firms.
(c) As used in this section, solicit means offer to provide legal services by written, recorded, or electronic communications or by in-person, telephone, or real-time electronic contact.
(d) Nothing in this section may be construed to limit or otherwise affect the application of the State Bar Act (Chapter 4 (commencing with Section 6000) of Division 3).
(a)In order to ensure excellence in teaching in specific subjects, the commission may issue a multiple or single subject teaching credential with a specified concentration in a particular subject based upon the depth of an applicants preparation in an important subject of the school curriculum. The commission shall establish and maintain standards for concentrations in particular subjects, as necessary.
(b)The commission shall determine the authorizations of teaching credentials with concentrations. The commission shall ensure that, with the exception of the single subject teaching credential specified in subdivision (c), the authorization of a credential with a specified concentration shall not be more restrictive than the authorization of the same credential without the specified concentration.
(c)The commission shall issue the single subject teaching credential in science with a specified concentration in a particular subject. The commission shall establish and maintain standards for concentrations in science that shall consist of biological sciences, chemistry, geosciences, and physics. The holder of the single subject teaching credential in science shall be qualified and authorized to teach courses in general science, introductory science, integrated science, and coordinated science in kindergarten and grades 1 to 12, inclusive.