LEGISLATIVE COUNSEL'S DIGEST


SB 821, as amended, Committee on Business, Professions and
Economic Development. Consumer affairs: professions and vocations.
(1) Existing law provides for the licensure and regulation of
various professions and vocations by boards and bureaus within the
Department of Consumer Affairs. Existing law requires that certain
examinations for licensure be developed by , or in
consultation , with the Office of Examination Resources in
the department, as specified.
This bill would rename that office the Office of Professional
Examination Services.
(2) Existing law prohibits a person from holding himself or
herself out to the public as a professional fiduciary without a
license. Existing law specifies that a violation of certain
requirements to be registered, licensed, or certified to engage in
certain businesses is punishable as an infraction subject to
specified procedures and fines.
This bill would make a violation of the professional fiduciary
licensure requirement punishable as an infraction, thereby imposing a
state-mandated local program.
(3)
(2) Existing law provides for the professional review
of specified healing arts licentiates through a peer review process,
and requires the peer review body to report to the relevant agency
upon certain circumstances, including circumstances related to an
obsolete diversion program.
This bill would include within the definition "licentiate" a
holder of a special faculty permit to practice medicine within a
medical school. The bill would also delete the peer review provisions
related to the obsolete diversion program.
(4)
(3) Existing law, the Bagley-Keene Open Meeting Act,
requires a state body, as defined, to provide prescribed notice of
its meetings to any person who requests that notice in writing.
Existing law provides for the licensure and regulation of accountants
by the California Board of Accountancy and requires the executive
officer of the board to give at least 7 days' notice of board
meetings. Existing law authorizes the board to appoint an
administrative committee and an advisory committee for certain
purposes and requires members of the administrative committee to hold
office for one year.
This bill would designate the advisory committee as the
qualifications committee and would require members of that committee
and the administrative committee to hold office for 2 years. The bill
would require notice of each meeting of the board to be given in
accordance with the Bagley-Keene Open Meeting Act.
(5) Existing law, the Architects Practice Act, provides for the
licensure and regulation of architects by the California Architects
Board. Under existing law, the board is composed of 5 architect
members and 5 public members. Existing law requires that each
appointment to the board expire on June 30 of the 4th year following
the year in which the previous term expired.
This bill would modify the term length for certain members of the
board.
(6)
(4) Existing law provides for the licensure and
regulation of landscape architects by the California Architects
Board. Existing law requires the board to ascertain the
qualifications of applicants for a license by means of written
examination. Under existing law, the board may waive the written
examination for a person licensed out of state, as specified, if the
person has passed an equivalent examination and a supplemental
examination, as specified.
This bill would also require an out-of-state licensee to submit
proof of job experience equivalent to that required of California
applicants in order to waive the written examination.
(7) Existing law, the Professional Engineers Act, provides for the
licensure and regulation of professional engineers by the Board for
Professional Engineers and Land Surveyors within the department.
Under existing law, in order to use the title "structural engineer,"
a person must, in addition to passing the examination prescribed by
the board, successfully pass a written test incorporating a national
examination for structural engineering by a nationally recognized
entity approved by the board, and a supplemental California specific
examination.
This bill would eliminate the requirement to successfully pass
those examinations, so that only the board-prescribed examination
would be required.
(8)
(5) Existing law, the Contractors' State License Law,
provides for the licensure and regulation of contractors by the
Contractors' State License Board. Existing law imposes specified
requirements on home improvement contracts and service and repair
contracts and requires contractors to pay subcontractors within a
specified period of time. Existing law makes it a misdemeanor for a
person to engage in the business or act in the capacity of a
contractor without a license and provides certain exemptions from
that licensure requirement, including exemptions for owner-builders,
as specified. Existing law authorizes the Registrar of Contractors to
issue citations for violations of that licensure requirement, as
specified.
This bill would make various technical, nonsubstantive changes to
those provisions.
Under existing law, a person who violates the law by engaging in
work as an owner-builder without a contractor's license or an
exemption from licensure is prohibited from obtaining a contractor's
license for a period of one year following the violation.
This bill would delete that prohibition.
(9)
(6) Existing law provides for the licensure and
regulation of speech-language pathologists and audiologists by the
Speech-Language Pathology and Audiology Board. Existing law provides
that an audiology aide is any person who meets the minimum
requirements of the board and who works directly under the
supervision of an audiologist.
This bill would prohibit an audiology aide from performing any
function that constitutes the practice of audiology unless he or she
is under the supervision of an audiologist, except if the board
exempts certain functions performed by an industrial audiology aide
and if the employer establishes a set of procedures or protocols.
Existing law requires an applicant for licensure as an audiologist
to meet specified educational and curriculum standards, including
possession of at least a master's degree in audiology.
This bill would revise the educational and curriculum standards
for licensure as an audiologist, as specified, and instead require
possession of a doctorate in audiology. The bill would apply those
requirements to applicants who graduate from an approved educational
institution on or after January 1, 2008. The bill would make
conforming changes to provisions related to the issuance of a
required professional experience (RPE) temporary license, as
specified.
(10)
(7) The Occupational Therapy Practice Act provides for
the licensure and regulation of occupational therapists and
occupational therapist therapy
assistants. Existing law prohibits an occupational therapy assistant
from supervising an aide engaged in client-related tasks. Existing
law also provides for minimizing the risk of transmission of
blood-borne infectious diseases.
This bill would authorize occupational therapy assistants to
supervise aides engaged in client-related tasks, and make conforming
changes. The bill would delete obsolete certification terms and
replace them with licensure references. The bill would provide for
minimizing the risk of transmission of infectious diseases.
Under the Occupational Therapy Practice Act, occupational
therapists and occupational therapy assistants are subject to
licensure and regulation by the California Board of Occupational
Therapy and specified licensure fees, which are deposited into the
Occupational Therapy Fund.
This bill would require the board to issue retired licenses to
certain occupational therapists or occupational therapy assistants,
as specified, subject to a $25 fee.
Existing law regulates telephone medical advice services, and
requires all staff who provide medical advice services to be
appropriately licensed, certified, or registered professionals, as
specified.
This bill would add occupational therapists to the enumerated
professionals authorized to provide telephone medical advice.
Existing law imposes specified recordkeeping and disclosure
requirements on health care providers, as defined.
This bill would impose those requirements on occupational
therapists.
(11)
(8) Existing law provides for the licensure and
regulation of vocational nurses and psychiatric technicians by the
Board of Vocational Nursing and Psychiatric Technicians of the State
of California. Existing law provides, upon application, for the
issuance of an interim permit authorizing an applicant to practice
vocational nursing or, in the case of a psychiatric technician, all
skills in his or her basic course of study, pending the results of a
licensing examination.
This bill would require the application for an interim permit to
be submitted no later than 4 months after completion of a
board-accredited program, and would limit the use of the permit to 9
months, as specified.
(12)
(9) Existing law provides for the licensure and
regulation of hearing aid dispensers by the Hearing Aid Dispensers
Bureau, and a person who violates that law is guilty of a
misdemeanor. Existing law provides for the issuance of a temporary
license to an applicant who has made application for licensure and
who proves that he or she will be supervised and trained by a hearing
aid dispenser, pending approval by the board. A temporary license is
effective and valid for 6 months, and may be renewed twice for an
additional period of 6 months.
This bill would allow for the issuance of a new temporary license
if more than 3 years have lapsed from the expiration or cancellation
date of a previous temporary license.
Existing law requires a person engaging in the practice of fitting
or selling hearing aids to notify the bureau in writing of his or
her business address or addresses or changes in that address or
addresses. Existing law requires a licensee to keep and maintain his
or her business records for a 7-year period.
This bill would require the written notification to be given to
the bureau within a 30-day period. The bill would also require a
licensee to allow his or her business records, as specified, to be
inspected by the bureau upon reasonable notice. Because a violation
of those provisions would be a crime, the bill would impose a
state-mandated local program.
Existing law allows the bureau to impose upon licensees specified
licensure fees and penalties, including a fee for a continuing
education course transcript and for a license confirmation letter.
This bill would delete those transcript and letter fee provisions.

(13)
(10) The Respiratory Care Practice Act provides for the
licensure and regulation of respiratory care practitioners by the
Respiratory Care Board of California. The act authorizes the board to
deny, suspend, or revoke the license of any applicant or licensee
who has committed a specified violation, including obtaining or
possessing in violation of law or, except as directed by a licensed
physician and surgeon, dentist, or podiatrist, furnishing or
administering to himself or herself or another a controlled
substance, as defined.
This bill would clarify that the licensee is prohibited from
obtaining, possessing, using, or administering to himself or herself
in violation of law, or furnishing or administering to another, any
controlled substance, as defined, except as directed by a licensed
physician and surgeon, dentist, podiatrist, or other authorized
health care provider. The bill would also subject to disciplinary
action a licensee who uses alcoholic beverages to an extent that is
injurious to self or others or if it impairs his or her ability to
conduct with safety the practice of respiratory care. For a violation
thereof, the bill would specify that the board is authorized to
place the license of an applicant or licensee on probation. The bill
would also require a renewing applicant for licensure to provide
additional information requested by the board and, if the applicant
fails to provide that information within 30 days of the request, his
or her license would be made inactive until the information is
received.
(14)
(11) The Pharmacy Law provides for the licensure and
regulation of pharmacists and pharmacy establishments by the
California State Board of Pharmacy, and makes a knowing violation of
the law a misdemeanor.
On and after July 1, 2010, this bill would require any facility
licensed by the board to join the board's e-mail notification list
and make specified e-mail address updates. The bill would also
require nonresident pharmacies to obtain licensure from the board,
and would make certain changes with regard to pharmacists-in-charge
of a pharmacy, representatives-in-charge of the wholesale of any
dangerous drug or device, and representatives-in-charge of veterinary
food-animal drug retailers, and respective notification
requirements. The bill would also allow a pharmacy to accept the
return of needles and syringes from the public if contained in a
sharps container, as defined. Because a knowing violation of those
provisions would be a crime, the bill would impose a state-mandated
local program.
(15)
(12) Existing law provides for the licensure and
regulation of acupuncturists by the Acupuncture Board. Existing law
provides that 5 members of the board shall constitute a quorum.
This bill would provide that 4 members, including at least one
acupuncturist, shall constitute a quorum.
(16)
(13) Existing law provides for the licensure and
regulation of marriage and family therapists by the Board of
Behavioral Sciences, and makes a violation of the law a misdemeanor.
This bill would delete references to the employment of unlicensed
interns and instead refer to marriage and family therapy interns or
associate clinical social workers, and would apply specified
disciplinary and probationary provisions to registered marriage and
family therapy interns and associate clinical social workers. The
bill would require any person that advertises services performed by a
trainee, as defined, to include the trainee's name and supervisor
information. Because a violation of this requirement would be a
crime, the bill would impose a state-mandated local program. The bill
would additionally modify the disciplinary provisions that apply to
marriage and family therapists, as specified, and the licensure
provisions that apply to an applicant pending investigation of a
complaint.
(17)
(14) Existing law provides for the regulation of
educational psychologists by the Board of Behavioral Sciences, and
makes a violation of the law a misdemeanor. Existing law sets forth
certain prohibited acts that subject a licensee to disciplinary
action.
This bill would add to those prohibited acts provisions related to
drug use, telemedicine consent, subversion of an examination,
impersonation, incompetence, and fraudulent advertising. The bill
would define the term "advertising" for purposes of those provisions.

(18)
(15) Existing law provides for the regulation of
clinical social workers by the Board of Behavioral Sciences. Existing
law sets forth certain prohibited acts that subject a licensee to
disciplinary action.
This bill would add to those prohibited acts provisions related to
the subversion of an examination, access to certain psychological
tests, and advertising. The bill would define the term "advertising"
for purposes of those provisions. The bill would additionally modify
the licensure provisions that apply to an applicant pending
investigation of a complaint. The bill would modify provisions
related to the supervision and employment of clinical social workers
or associate clinical social workers, as specified.
(19)
(16) Existing law appropriates specified sums from the
State Dental Auxiliary Fund to the Committee on Dental Auxiliaries
for operating expenses necessary to manage the dental hygiene
licensing examination. Existing law requires the Dental Hygiene
Committee of California to administer the dental hygiene licensing
examination. Existing law also provides that on and after July 1,
2009, specified moneys are to be transferred from the State Dental
Auxiliary Fund to the State Dental Hygiene Fund for purposes of
carrying out certain provisions of the Dental Practice Act, including
the payment of any encumbrances, related to dental hygienists,
dental hygienists in alternative practice, and dental hygienists in
extended functions.
This bill would specify that the moneys for operating the dental
hygiene licensing examination are to be transferred to the Dental
Hygiene Committee of California from the State Dental Hygiene Fund.

(20)
(17) Existing law, the Collateral Recovery Act,
provides for the licensure and regulation of repossession agencies by
the Bureau of Security and Investigative Services under the
supervision and control of the Director of Consumer Affairs. The act
defines "collateral" as any vehicle, boat, recreational vehicle,
motor home, appliance, or other property that is subject to a
security agreement. Under the act, a person may be actively in charge
of only one repossession office at a time. A violation of the act is
a misdemeanor.
This bill would specify that the act also applies to trailers and
would authorize a person to be actively in charge of 2 repossession
offices at a time. The bill would prohibit a licensee from appraising
the value of any collateral. Because a violation of that prohibition
would be a crime, the bill would impose a state-mandated local
program.
(21)
(18) Existing law sets forth a procedure for the
removal, inventory, and storage of personal effects from repossessed
collateral. Existing law allows a debtor to waive the preparation and
presentation of an inventory in certain circumstances and authorizes
a repossession agency to release those personal effects to someone
other than the debtor when authorized by the debtor or legal owner.
Existing law requires specified special interest license plates that
remain the personal effects of the debtor to be removed from the
collateral and inventoried and requires the destruction of those
plates and notification to the Department of Motor Vehicles if the
plates are not claimed by the debtor within 60 days.
This bill would authorize a debtor to make that waiver only with
the consent of the licensee and would authorize the release of
personal effects to someone other than the debtor only when
authorized by the debtor. The bill would also authorize a licensee to
retain those special interest license plates indefinitely for return
to the debtor, as specified.
Existing law provides that whenever possession is taken of any
vehicle by or on behalf of any legal owner under the terms of a
security agreement or lease agreement, the person taking possession
is required to notify specified law enforcement agencies within one
hour after taking possession of the vehicle and by the most
expeditious means available. Failure to provide that notice is an
infraction.
This bill would require separate notifications for multiple
vehicle repossessions. By changing the definition of a crime, the
bill would impose a state-mandated local program.
(22)
(19) Existing law, the Funeral Directors and Embalmers
Law, provides for the licensure and regulation of embalmers and
funeral directors by the Cemetery and Funeral Bureau. Existing law
requires an applicant for an embalmer's license to, among other
things, have successfully completed a course of instruction in a
specified embalming school and to either furnish proof of completion
of a high school course or evidence of licensure and practice for a
certain period of time prior to application.
This bill would instead require the applicant to have graduated
from a specified mortuary science program and to furnish official
transcripts from that program. The bill would make other conforming
changes.
Existing law requires the applicant to pass an examination
including specified subjects and requires the bureau to examine
applicants at least once annually.
This bill would require the applicant to pass the sciences section
of a specified national examination and an examination on the state'
s laws and the rules and regulations of the bureau and would delete
the requirement that the board examine applicants at least once
annually. The bill would, until June 30, 2010, authorize an applicant
who failed the examination previously administered by the bureau to
retake that examination.
(23)
(20) Existing law, the Real Estate Law, provides for
the licensure and regulation of real estate brokers and salespersons
by the Real Estate Commissioner. Existing law authorizes the
commissioner to issue rules and regulations he or she deems necessary
to regulate the method of accounting and to accomplish certain
purposes related to advance fees, as specified.
This bill would make certain nonsubstantive, technical changes to
those provisions.
(24)
(21) Existing law, the Automotive Repair Act, provides
for the registration, licensure, and regulation of automotive repair
dealers, lamp and brake adjusting stations, and smog check stations
and technicians by the Bureau of Automotive Repair in the Department
of Consumer Affairs and requires the Director of Consumer Affairs to
validate an automotive repair dealer registration upon receipt of a
specified form and fee. Existing law authorizes the director to
refuse to validate or invalidate that registration for, among other
things, a conviction for providing consideration to insurance agents
for referrals. Under existing law, the director may deny, suspend,
revoke, or take other disciplinary action against lamp and brake
adjusting station or smog check station and technician applicants and
licensees for, among other things, the conviction of a crime
substantially related to the qualifications, functions, and duties of
the licensee.
This bill would require the director to issue an automotive repair
dealer registration upon receipt of a specified form and fee and
would authorize the director to deny, suspend, revoke, or place on
probation a registration for, among other things, conviction of a
crime that is substantially related to the qualifications, functions,
or duties of an automotive repair dealer. The bill would also
authorize the director to deny, suspend, revoke, or take other
disciplinary action against lamp and brake adjusting station and smog
check station and technician applicants and licensees for the
conviction of a crime substantially related to the qualifications,
functions, or duties of that licensee.
(25)
(22) Existing law establishes the vehicle inspection
and maintenance (smog check) program, administered by the Department
of Consumer Affairs and prescribes certain cost limits for repairs
under the program. Existing law requires a smog check station where
smog check inspections are performed to post a sign advising
customers of those cost limits.
This bill would instead require the department to provide licensed
smog check stations with a sign informing customers about their
options when a vehicle fails a smog check inspection, as specified.
The bill would revise provisions relating to repair assistance
agreements and would make other technical, nonsubstantive changes.

(23) This bill would incorporate additional changes in Section
4160 of the Business and Professions Code proposed by AB 1071, to be
operative if AB 1071 and this bill become effective on or before
January 1, 2010, and this bill is enacted last.
(26)
(24) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.

---

Comments/questions on SB 821 (Committee on Business, Professions and Economic Development): Consumer affairs: professions and vocations.