Bill Text: CA SB304 | 2013-2014 | Regular Session | Chaptered
Bill Title: Healing arts: boards.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2013-10-03 - Chaptered by Secretary of State. Chapter 515, Statutes of 2013. [SB304 Detail]
Download: California-2013-SB304-Chaptered.html
BILL NUMBER: SB 304 CHAPTERED
BILL TEXT
CHAPTER 515
FILED WITH SECRETARY OF STATE OCTOBER 3, 2013
APPROVED BY GOVERNOR OCTOBER 3, 2013
PASSED THE SENATE SEPTEMBER 11, 2013
PASSED THE ASSEMBLY SEPTEMBER 11, 2013
AMENDED IN ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY AUGUST 12, 2013
AMENDED IN SENATE APRIL 24, 2013
AMENDED IN SENATE APRIL 16, 2013
INTRODUCED BY Senator Lieu
(Principal coauthors: Assembly Members Bonilla and Gordon)
FEBRUARY 15, 2013
An act to amend Sections 159.5, 160.5, 2001, 2020, 2021, 2135.7,
2177, 2220.08, 2225.5, 2514, 2569, 4800, 4804.5, 4809.5, 4809.7, and
4809.8 of, to amend, repeal, and add Sections 160 and 4836.1 of, to
amend and add Section 2006 of, and to add Sections 2216.3, 2216.4,
2403, 4836.2, 4836.3, and 4836.4 to, the Business and Professions
Code, to amend Sections 11529, 12529.6, and 12529.7 of, and to amend
and repeal Sections 12529 and 12529.5 of, the Government Code, to
amend Section 1248.15 of the Health and Safety Code, and to amend,
repeal, and add Section 830.3 of the Penal Code, relating to healing
arts, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 304, Lieu. Healing arts: boards.
(1) Existing law provides for the licensure and regulation of
physicians and surgeons by the Medical Board of California. Existing
law authorizes the board to employ an executive director. Existing
law provides that those provisions will be repealed on January 1,
2014, and, upon repeal, the board is subject to review by the Joint
Sunset Review Committee.
This bill would instead repeal those provisions on January 1,
2018, and subject the board to review by the appropriate policy
committees of the Legislature. The bill would authorize the board to
employ an executive director by, and with the approval of, the
Director of Consumer Affairs.
Existing law authorizes the board to issue a physician and surgeon'
s license to an applicant who acquired all or part of his or her
medical education at a foreign medical school that is not recognized
by the board if, among other requirements, the applicant has held an
unlimited and unrestricted license as a physician and surgeon in
another state or federal territory and has continuously practiced for
a minimum of 10 years prior to the date of application or to an
applicant who acquired any part of his or her professional
instruction at a foreign medical school that has previously been
disapproved by the board if, among other requirements, the applicant
has held an unlimited and unrestricted license as a physician and
surgeon in another state or federal territory and has continuously
practiced for a minimum of 20 years prior to the date of application.
For the purposes of these provisions, the board may combine the
period of time that the applicant has held an unlimited and
unrestricted license, but requires each applicant to have a minimum
of 5 years continuous licensure and practice in a single state or
federal territory.
This bill would instead authorize the board to issue a physician
and surgeon's license to an applicant who acquired any part of his or
her medical education from an unrecognized medical school if, among
other requirements, the applicant has held an unlimited and
unrestricted license as a physician and surgeon in another state, a
federal territory, or a Canadian province and has continuously
practiced for a minimum of 10 years prior to the date of application,
or from a disapproved medical school if, among other requirements,
the applicant has held an unlimited and unrestricted license as a
physician and surgeon in another state, a federal territory, or a
Canadian province and has continuously practiced for a minimum of 12
years prior to the date of application. The bill would reduce the
minimum number of years that each applicant must have continuous
licensure and practice in a single state or federal territory to 2
years and permit the period of continuous licensure and practice to
occur in a Canadian province.
Existing law authorizes the Medical Board of California, if it
publishes a directory of its licensees, as specified, to require
persons licensed, as specified, to furnish specified information to
the board for purposes of compiling the directory.
This bill would require that an applicant and licensee who has an
electronic mail address report to the board that electronic mail
address no later than July 1, 2014. The bill would provide that the
electronic mail address is to be considered confidential, as
specified.
Existing law requires an applicant for a physician and surgeon's
certificate to obtain a passing score on Step 3 of the United States
Medical Licensing Examination with not more than 4 attempts, subject
to an exception.
This bill would require an applicant to have obtained a passing
score on all parts of that examination with not more than 4 attempts,
subject to the exception.
Existing law requires that a complaint, with exceptions, received
by the board determined to involve quality of care, before referral
to a field office for further investigation, meet certain criteria.
This bill would expand the types of reports that are exempted from
that requirement.
Existing law provides for a civil penalty of up to $1,000 per day,
as specified, to be imposed on a health care facility that fails to
comply with a patient's medical record request, as specified, within
30 days.
This bill would shorten the time limit for compliance to 15 days
for those health care facilities that have electronic health records.
Existing law establishes that corporations and other artificial
legal entities have no professional rights, privileges, or powers.
This bill would provide that those provisions do not apply to
physicians and surgeons or doctors of podiatric medicine enrolled in
approved residency postgraduate training programs or fellowship
programs.
(2) Existing law, the Licensed Midwifery Practice Act of 1993,
provides for the licensure and regulation of licensed midwives by the
Medical Board of California. Existing law specifies that a midwife
student meeting certain conditions is not precluded from engaging in
the practice of midwifery as part of his or her course of study, if
certain conditions are met, including, that the student is under the
supervision of a licensed midwife.
This bill would require that to engage in those practices, the
student is to be enrolled and participating in a midwifery education
program or enrolled in a program of supervised clinical training, as
provided. The bill would add that the student is permitted to engage
in those practices if he or she is under the supervision of a
licensed nurse-midwife.
(3) Existing law provides for the regulation of registered
dispensing opticians by the Medical Board of California and requires
that the powers and duties of the board in that regard be subject to
review by the Joint Sunset Review Committee as if those provisions
were scheduled to be repealed on January 1, 2014.
This bill would instead make the powers and duties of the board
subject to review by the appropriate policy committees of the
Legislature as if those provisions were scheduled to be repealed on
January 1, 2018.
(4) Existing law provides for the accreditation of outpatient
settings, as defined, by the Medical Board of California, and
requires outpatient settings to report adverse events, as defined, to
the State Department of Public Health within specified time limits.
Existing law provides for the imposition of a civil penalty in the
event that an adverse event is not reported within the applicable
time limit.
This bill would instead require those outpatient settings to
report adverse events to the Medical Board of California within
specified time limits and authorize the board to impose a civil
penalty if an outpatient setting fails to timely report an adverse
event.
(5) Existing law establishes the Medical Quality Hearing Panel,
consisting of no fewer than 5 administrative law judges with certain
medical training, within the Office of Administrative Hearings.
Existing law authorizes those administrative law judges to issue
interim orders suspending a license, or imposing drug testing,
continuing education, supervision of procedures, or other license
restrictions. Existing law requires that in all of those cases in
which an interim order is issued, and an accusation is not filed and
served within 15 days of the date in which the parties to the hearing
have submitted the matter, the order be dissolved.
Under existing law, if a healing arts practitioner is unable to
practice his or her profession safely due to mental or physical
illness, his or her licensing agency may order the practitioner to be
examined by specified professionals.
This bill would extend the time in which the accusation must be
filed and served to 30 days from the date on which the parties to the
hearing submitted the matter. The bill would also provide that a
physician and surgeon's failure to comply with an order to be
examined may constitute grounds for an administrative law judge of
the Medical Quality Hearing Panel to issue an interim suspension
order.
Existing law establishes the Health Quality Enforcement Section
within the Department of Justice to investigate and prosecute
proceedings against licensees and applicants within the jurisdiction
of the Medical Board of California, the California Board of Podiatric
Medicine, the Board of Psychology, or any committee under the
jurisdiction of the Medical Board of California. Existing law
provides for the funding for the section, and for the appointment of
a Senior Assistant Attorney General to the section to carry out
specified duties. Existing law requires that all complaints or
relevant information concerning licensees that are within the
jurisdiction of the boards served by the Health Quality Enforcement
Section be made available to the Health Quality Enforcement Section.
Existing law establishes the procedures for processing the
complaints, assisting the boards or committees in establishing
training programs for their staff, and for determining whether to
bring a disciplinary proceeding against a licensee of the boards.
Existing law provides for the repeal of those provisions, as
provided, on January 1, 2014.
This bill would extend the operation of those provisions
indefinitely and make those provisions applicable to the Physical
Therapy Board of California and licensees within its jurisdiction.
Existing law establishes, until January 1, 2014, a vertical
enforcement and prosecution model for cases before the Medical Board
of California and requires the board to report to the Governor and
Legislature on that model by March 1, 2012.
This bill would extend the date that report is due to March 1,
2015.
Existing law creates the Division of Investigation within the
Department of Consumer Affairs and requires investigators who have
the authority of peace officers to be in the division, except that
investigators of the Medical Board of California and the Dental Board
of California who have that authority are not required to be in the
division.
This bill would require, effective July 1, 2014, that
investigators of the Medical Board of California who have the
authority of a peace officer be in the division and would protect the
positions, status, and rights of those employees who are
subsequently transferred as a result of these provisions. The bill
would also, effective July 1, 2014, create within the Division of
Investigation the Health Quality Investigation Unit.
(6) Existing law, the Veterinary Medicine Practice Act, provides
for the licensure and registration of veterinarians and registered
veterinary technicians and the regulation of the practice of
veterinary medicine by the Veterinary Medical Board. Existing law
repeals the provisions establishing the board, and authorizing the
board to appoint an executive officer, as of January 1, 2014. Under
existing law, the board is subject to evaluation by the Joint Sunset
Review Committee prior to its repeal.
This bill would provide that those provisions are instead repealed
as of January 1, 2016. The bill, upon repeal of the board, would
require that the board be subject to a specifically limited review by
the appropriate policy committees of the Legislature.
Existing law authorizes the board, at any time, to inspect the
premises in which veterinary medicine, veterinary dentistry, or
veterinary surgery is being practiced and requires that those
premises be registered with the board. Existing law requires the
board to establish a regular inspection program that will provide for
random, unannounced inspections.
This bill would require the board to make every effort to inspect
at least 20% of veterinary premises on an annual basis and would
exclude from inspection those premises that are not registered with
the board.
Existing law requires the board to establish an advisory
committee, the Veterinary Medicine Multidisciplinary Advisory
Committee, to assist, advise, and make recommendations for the
implementation of rules and regulations necessary to ensure proper
administration and enforcement of specified provisions and to assist
the board in its examination, licensure, and registration programs.
Existing law requires the committee to consist of 7 members, with 4
licensed veterinarians, 2 registered veterinary technicians, and one
public member.
This bill would expand the number of members on the committee to 9
by including one veterinarian member of the board, to be appointed
by the board president, and the registered veterinary technician of
the board, both of whom would serve concurrently with their terms of
office on the board. The bill would additionally require that the
committee serve only in an advisory capacity to the board, as
specified. The bill would make other technical and conforming
changes.
Existing law authorizes a registered veterinary technician or a
veterinary assistant to administer a drug under the direct or
indirect supervision of a licensed veterinarian when administered
pursuant to the order, control, and full professional responsibility
of a licensed veterinarian. Existing law limits access to controlled
substances by veterinary assistants to persons who have undergone a
background check and who, to the best of the licensee manager's
knowledge, do not have any drug- or alcohol-related felony
convictions. A violation of these provisions is a crime. Existing law
repeals these provisions on January 1, 2015.
This bill would instead require, until the later of January 1,
2015, or the effective date of a specified legislative determination,
a licensee manager to conduct a background check on a veterinary
assistant prior to authorizing him or her to obtain or administer a
controlled substance by the order of a supervising veterinarian and
to prohibit the veterinary assistant from obtaining or administering
controlled substances if the veterinary assistant has a drug- or
alcohol-related felony conviction. Because a violation of these
provisions would be a crime, this bill imposes a state-mandated local
program.
This bill would require that, upon the later of January 1, 2015,
or the effective date of a specified legislative determination, a
veterinary assistant be designated by a licensed veterinarian and
hold a valid veterinary assistant controlled substances permit from
the board in order to obtain or administer controlled substances. The
bill would, as part of the application for a permit, require an
applicant to furnish a set of fingerprints to the Department of
Justice for the purposes of conducting both a state and federal
criminal history record check. The bill would require an applicant
for a veterinary assistant controlled substances permit to apply for
a renewal of his or her permit on or before the last day of the
applicant's birthday month and to update his or her mailing or
employer address with the board. The bill would authorize the board
to collect a filing fee, not to exceed $100, from applicants for a
veterinary assistant controlled substances permit. Because that fee
would be deposited in the Veterinary Medical Board Contingent Fund,
which is a continuously appropriated fund, the bill would make an
appropriation.
(7) This bill would incorporate additional changes to Section
11529 of the Government Code proposed by SB 670 that would become
operative if this bill and SB 670 are enacted and this bill is
chaptered last.
(8) 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.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 159.5 of the Business and Professions Code is
amended to read:
159.5. (a) (1) There is in the department the Division of
Investigation. The division is in the charge of a person with the
title of chief of the division.
(2) Except as provided in Section 160, investigators who have the
authority of peace officers, as specified in subdivision (a) of
Section 160 and in subdivision (a) of Section 830.3 of the Penal
Code, shall be in the division and shall be appointed by the
director.
(b) (1) There is in the Division of Investigation the Health
Quality Investigation Unit. The primary responsibility of the unit is
to investigate violations of law or regulation within the
jurisdiction of the Medical Board of California, the California Board
of Podiatric Medicine, the Board of Psychology, the Osteopathic
Medical Board of California, the Physician Assistant Board, or any
entities under the jurisdiction of the Medical Board of California.
(2) The Medical Board of California shall not be charged an hourly
rate for the performance of investigations by the unit.
(3) This subdivision shall become operative on July 1, 2014.
SEC. 2. Section 160 of the Business and Professions Code is
amended to read:
160. (a) The chief and all investigators of the Division of
Investigation of the department and all investigators of the Medical
Board of California and the Dental Board of California have the
authority of peace officers while engaged in exercising the powers
granted or performing the duties imposed upon them or the division in
investigating the laws administered by the various boards comprising
the department or commencing directly or indirectly any criminal
prosecution arising from any investigation conducted under these
laws. All persons herein referred to shall be deemed to be acting
within the scope of employment with respect to all acts and matters
set forth in this section.
(b) The Division of Investigation of the department, the Medical
Board of California, and the Dental Board of California may employ
individuals, who are not peace officers, to provide investigative
services.
(c) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 3. Section 160 is added to the Business and Professions Code,
to read:
160. (a) The chief and all investigators of the Division of
Investigation of the department and all investigators of the Dental
Board of California have the authority of peace officers while
engaged in exercising the powers granted or performing the duties
imposed upon them or the division in investigating the laws
administered by the various boards comprising the department or
commencing directly or indirectly any criminal prosecution arising
from any investigation conducted under these laws. All persons herein
referred to shall be deemed to be acting within the scope of
employment with respect to all acts and matters set forth in this
section.
(b) The Division of Investigation of the department and the Dental
Board of California may employ individuals, who are not peace
officers, to provide investigative services.
(c) This section shall become operative on July 1, 2014.
SEC. 4. Section 160.5 of the Business and Professions Code is
amended to read:
160.5. (a) All civil service employees currently employed by the
Board of Dental Examiners of the Department of Consumer Affairs,
whose functions are transferred as a result of the act adding this
section shall retain their positions, status, and rights pursuant to
Section 19050.9 of the Government Code and the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2
of the Government Code). The transfer of employees as a result of the
act adding this section shall occur no later than July 1, 1999.
(b) (1) All civil service employees currently employed by the
Medical Board of California of the Department of Consumer Affairs,
whose functions are transferred as a result of the act adding this
subdivision shall retain their positions, status, and rights pursuant
to Section 19050.9 of the Government Code and the State Civil
Service Act (Part 2 (commencing with Section 18500) of Division 5 of
Title 2 of the Government Code). The transfer of employees as a
result of the act adding this subdivision shall occur no later than
July 1, 2014.
(2) The transfer of employees pursuant to this subdivision shall
include all peace officer and medical consultant positions and all
staff support positions for those peace officer and medical
consultant positions.
SEC. 5. Section 2001 of the Business and Professions Code is
amended to read:
2001. (a) There is in the Department of Consumer Affairs a
Medical Board of California that consists of 15 members, 7 of whom
shall be public members.
(b) The Governor shall appoint 13 members to the board, subject to
confirmation by the Senate, 5 of whom shall be public members. The
Senate Committee on Rules and the Speaker of the Assembly shall each
appoint a public member.
(c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date. Notwithstanding any other law, the repeal of this section
renders the board subject to review by the appropriate policy
committees of the Legislature.
SEC. 6. Section 2006 of the Business and Professions Code is
amended to read:
2006. (a) Any reference in this chapter to an investigation by
the board shall be deemed to refer to a joint investigation conducted
by employees of the Department of Justice and the board under the
vertical enforcement and prosecution model, as specified in Section
12529.6 of the Government Code.
(b) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 7. Section 2006 is added to the Business and Professions
Code, to read:
2006. (a) Any reference in this chapter to an investigation by
the board shall be deemed to refer to a joint investigation conducted
by employees of the Department of Justice and the Health Quality
Investigation Unit under the vertical enforcement and prosecution
model, as specified in Section 12529.6 of the Government Code.
(b) This section shall become operative on July 1, 2014.
SEC. 8. Section 2020 of the Business and Professions Code is
amended to read:
2020. (a) The board, by and with the approval of the director,
may employ an executive director exempt from the provisions of the
Civil Service Act and may also employ investigators, legal counsel,
medical consultants, and other assistance as it may deem necessary to
carry this chapter into effect. The board may fix the compensation
to be paid for services subject to the provisions of applicable state
laws and regulations and may incur other expenses as it may deem
necessary. Investigators employed by the board shall be provided
special training in investigating medical 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,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 9. Section 2021 of the Business and Professions Code is
amended to read:
2021. (a) If the board publishes a directory pursuant to Section
112, it may require persons licensed pursuant to this chapter to
furnish any information as it may deem necessary to enable it to
compile the directory.
(b) Each licensee shall report to the board each and every change
of address within 30 days after each change, giving both the old and
new address. If an address reported to the board at the time of
application for licensure or subsequently is a post office box, the
applicant shall also provide the board with a street address. If
another address is the licensee's address of record, he or she may
request that the second address not be disclosed to the public.
(c) Each licensee shall report to the board each and every change
of name within 30 days after each change, giving both the old and new
names.
(d) Each applicant and licensee who has an electronic mail address
shall report to the board that electronic mail address no later than
July 1, 2014. The electronic mail address shall be considered
confidential and not subject to public disclosure.
(e) The board shall annually send an electronic notice to each
applicant and licensee that requests confirmation from the applicant
or licensee that his or her electronic mail address is current.
SEC. 10. Section 2135.7 of the Business and Professions Code is
amended to read:
2135.7. (a) Upon review and recommendation, the board may
determine that an applicant for a physician and surgeon's certificate
who acquired his or her medical education or a portion thereof at a
foreign medical school that is not recognized or has been previously
disapproved by the board is eligible for a physician and surgeon's
certificate if the applicant meets all of the following criteria:
(1) Has successfully completed a resident course of medical
education leading to a degree of medical doctor equivalent to that
specified in Sections 2089 to 2091.2, inclusive.
(2) (A) (i) For an applicant who acquired any part of his or her
medical education from an unrecognized foreign medical school, he or
she holds an unlimited and unrestricted license as a physician and
surgeon in another state, a federal territory, or a Canadian province
and has held that license and continuously practiced for a minimum
of 10 years prior to the date of application.
(ii) For an applicant who acquired any part of his or her
professional instruction from a foreign medical school that was
disapproved by the board at the time he or she attended the school,
he or she holds an unlimited and unrestricted license as a physician
and surgeon in another state, a federal territory, or a Canadian
province and has held that license and continuously practiced for a
minimum of 12 years prior to the date of application.
(B) For the purposes of clauses (i) and (ii) of subparagraph (A),
the board may combine the period of time that the applicant has held
an unlimited and unrestricted license in other states, federal
territories, or Canadian provinces and continuously practiced
therein, but each applicant under this section shall have a minimum
of two years continuous licensure and practice in a single state,
federal territory, or Canadian province. For purposes of this
paragraph, continuous licensure and practice includes any
postgraduate training after 24 months in a postgraduate training
program that is accredited by the Accreditation Council for Graduate
Medical Education (ACGME) or postgraduate training completed in
Canada that is accredited by the Royal College of Physicians and
Surgeons of Canada (RCPSC).
(3) Is certified by a specialty board that is a member board of
the American Board of Medical Specialties.
(4) Has successfully taken and passed the examinations described
in Article 9 (commencing with Section 2170).
(5) Has not been the subject of a disciplinary action by a medical
licensing authority or of adverse judgments or settlements resulting
from the practice of medicine that the board determines constitutes
a pattern of negligence or incompetence.
(6) Has successfully completed three years of approved
postgraduate training. The postgraduate training required by this
paragraph shall have been obtained in a postgraduate training program
accredited by the ACGME or postgraduate training completed in Canada
that is accredited by the RCPSC.
(7) Is not subject to denial of licensure under Division 1.5
(commencing with Section 475) or Article 12 (commencing with Section
2220).
(8) Has not held a healing arts license and been the subject of
disciplinary action by a healing arts board of this state or by
another state, federal territory, or Canadian province.
(b) The board may adopt regulations to establish procedures for
accepting transcripts, diplomas, and other supporting information and
records when the originals are not available due to circumstances
outside the applicant's control. The board may also adopt regulations
authorizing the substitution of additional specialty board
certifications for years of practice or licensure when considering
the certification for a physician and surgeon pursuant to this
section.
(c) This section shall not apply to a person seeking to
participate in a program described in Sections 2072, 2073, 2111,
2112, 2113, 2115, or 2168, or seeking to engage in postgraduate
training in this state.
SEC. 11. Section 2177 of the Business and Professions Code is
amended to read:
2177. (a) A passing score is required for an entire examination
or for each part of an examination, as established by resolution of
the board.
(b) Applicants may elect to take the written examinations
conducted or accepted by the board in separate parts.
(c) (1) An applicant shall have obtained a passing score on all
parts of Step 3 of the United States Medical Licensing Examination
within not more than four attempts in order to be eligible for a
physician's and surgeon's certificate.
(2) Notwithstanding paragraph (1), an applicant who obtains a
passing score on all parts of Step 3 of the United States Medical
Licensing Examination in more than four attempts and who meets the
requirements of Section 2135.5 shall be eligible to be considered for
issuance of a physician's and surgeon's certificate.
SEC. 12. Section 2216.3 is added to the Business and Professions
Code, to read:
2216.3. (a) An outpatient setting accredited pursuant to Section
1248.1 of the Health and Safety Code shall report an adverse event to
the board no later than five days after the adverse event has been
detected, or, if that event is an ongoing urgent or emergent threat
to the welfare, health, or safety of patients, personnel, or
visitors, not later than 24 hours after the adverse event has been
detected. Disclosure of individually identifiable patient information
shall be consistent with applicable law.
(b) For the purposes of this section, "adverse event" has the same
meaning as in subdivision (b) of Section 1279.1 of the Health and
Safety Code.
SEC. 13. Section 2216.4 is added to the Business and Professions
Code, to read:
2216.4. If an accredited outpatient setting fails to report an
adverse event pursuant to Section 2216.3, the board may assess the
accredited outpatient setting a civil penalty in an amount not to
exceed one hundred dollars ($100) for each day that the adverse event
is not reported following the initial five-day period or 24-hour
period, as applicable. If the accredited outpatient setting disputes
a determination by the board regarding an alleged failure to report
an adverse event, the accredited outpatient setting may, within 10
days of notification of the board's determination, request a hearing,
which shall be conducted pursuant to the administrative adjudication
provisions of Chapter 4.5 (commencing with Section 11400) and
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code. Penalties shall be paid when appeals
pursuant to those provisions have been exhausted.
SEC. 14. Section 2220.08 of the Business and Professions Code is
amended to read:
2220.08. (a) Except for reports received by the board pursuant to
Section 801.01 or 805 that may be treated as complaints by the board
and new complaints relating to a physician and surgeon who is the
subject of a pending accusation or investigation or who is on
probation, any complaint determined to involve quality of care,
before referral to a field office for further investigation, shall
meet the following criteria:
(1) It shall be reviewed by one or more medical experts with the
pertinent education, training, and expertise to evaluate the specific
standard of care issues raised by the complaint to determine if
further field investigation is required.
(2) It shall include the review of the following, which shall be
requested by the board:
(A) Relevant patient records.
(B) The statement or explanation of the care and treatment
provided by the physician and surgeon.
(C) Any additional expert testimony or literature provided by the
physician and surgeon.
(D) Any additional facts or information requested by the medical
expert reviewers that may assist them in determining whether the care
rendered constitutes a departure from the standard of care.
(b) If the board does not receive the information requested
pursuant to paragraph (2) of subdivision (a) within 10 working days
of requesting that information, the complaint may be reviewed by the
medical experts and referred to a field office for investigation
without the information.
(c) Nothing in this section shall impede the board's ability to
seek and obtain an interim suspension order or other emergency
relief.
SEC. 15. Section 2225.5 of the Business and Professions Code is
amended to read:
2225.5. (a) (1) A licensee who fails or refuses to comply with a
request for the certified medical records of a patient, that is
accompanied by that patient's written authorization for release of
records to the board, within 15 days of receiving the request and
authorization, shall pay to the board a civil penalty of one thousand
dollars ($1,000) per day for each day that the documents have not
been produced after the 15th day, up to ten thousand dollars
($10,000), unless the licensee is unable to provide the documents
within this time period for good cause.
(2) A health care facility shall comply with a request for the
certified medical records of a patient that is accompanied by that
patient's written authorization for release of records to the board
together with a notice citing this section and describing the
penalties for failure to comply with this section. Failure to provide
the authorizing patient's certified medical records to the board
within 30 days of receiving the request, authorization, and notice
shall subject the health care facility to a civil penalty, payable to
the board, of up to one thousand dollars ($1,000) per day for each
day that the documents have not been produced after the 30th day, up
to ten thousand dollars ($10,000), unless the health care facility is
unable to provide the documents within this time period for good
cause. For health care facilities that have electronic health
records, failure to provide the authorizing patient's certified
medical records to the board within 15 days of receiving the request,
authorization, and notice shall subject the health care facility to
a civil penalty, payable to the board, of up to one thousand dollars
($1,000) per day for each day that the documents have not been
produced after the 15th day, up to ten thousand dollars ($10,000),
unless the health care facility is unable to provide the documents
within this time period for good cause. This paragraph shall not
require health care facilities to assist the board in obtaining the
patient's authorization. The board shall pay the reasonable costs of
copying the certified medical records.
(b) (1) A licensee who fails or refuses to comply with a court
order, issued in the enforcement of a subpoena, mandating the release
of records to the board shall pay to the board a civil penalty of
one thousand dollars ($1,000) per day for each day that the documents
have not been produced after the date by which the court order
requires the documents to be produced, up to ten thousand dollars
($10,000), unless it is determined that the order is unlawful or
invalid. Any statute of limitations applicable to the filing of an
accusation by the board shall be tolled during the period the
licensee is out of compliance with the court order and during any
related appeals.
(2) Any licensee who fails or refuses to comply with a court
order, issued in the enforcement of a subpoena, mandating the release
of records to the board is guilty of a misdemeanor punishable by a
fine payable to the board not to exceed five thousand dollars
($5,000). The fine shall be added to the licensee's renewal fee if it
is not paid by the next succeeding renewal date. Any statute of
limitations applicable to the filing of an accusation by the board
shall be tolled during the period the licensee is out of compliance
with the court order and during any related appeals.
(3) A health care facility that fails or refuses to comply with a
court order, issued in the enforcement of a subpoena, mandating the
release of patient records to the board, that is accompanied by a
notice citing this section and describing the penalties for failure
to comply with this section, shall pay to the board a civil penalty
of up to one thousand dollars ($1,000) per day for each day that the
documents have not been produced, up to ten thousand dollars
($10,000), after the date by which the court order requires the
documents to be produced, unless it is determined that the order is
unlawful or invalid. Any statute of limitations applicable to the
filing of an accusation by the board against a licensee shall be
tolled during the period the health care facility is out of
compliance with the court order and during any related appeals.
(4) Any health care facility that fails or refuses to comply with
a court order, issued in the enforcement of a subpoena, mandating the
release of records to the board is guilty of a misdemeanor
punishable by a fine payable to the board not to exceed five thousand
dollars ($5,000). Any statute of limitations applicable to the
filing of an accusation by the board against a licensee shall be
tolled during the period the health care facility is out of
compliance with the court order and during any related appeals.
(c) Multiple acts by a licensee in violation of subdivision (b)
shall be punishable by a fine not to exceed five thousand dollars
($5,000) or by imprisonment in a county jail not exceeding six
months, or by both that fine and imprisonment. Multiple acts by a
health care facility in violation of subdivision (b) shall be
punishable by a fine not to exceed five thousand dollars ($5,000) and
shall be reported to the State Department of Public Health and shall
be considered as grounds for disciplinary action with respect to
licensure, including suspension or revocation of the license or
certificate.
(d) A failure or refusal of a licensee to comply with a court
order, issued in the enforcement of a subpoena, mandating the release
of records to the board constitutes unprofessional conduct and is
grounds for suspension or revocation of his or her license.
(e) Imposition of the civil penalties authorized by this section
shall be in accordance with the Administrative Procedure Act (Chapter
5 (commencing with Section 11500) of Division 3 of Title 2 of the
Government Code).
(f) For purposes of this section, "certified medical records"
means a copy of the patient's medical records authenticated by the
licensee or health care facility, as appropriate, on a form
prescribed by the board.
(g) For purposes of this section, a "health care facility" means a
clinic or health facility licensed or exempt from licensure pursuant
to Division 2 (commencing with Section 1200) of the Health and
Safety Code.
SEC. 16. Section 2403 is added to the Business and Professions
Code, to read:
2403. The provisions of Section 2400 do not apply to physicians
and surgeons or doctors of podiatric medicine enrolled in approved
residency postgraduate training programs or fellowship programs.
SEC. 17. Section 2514 of the Business and Professions Code is
amended to read:
2514. (a) Nothing in this chapter shall be construed to prevent a
bona fide student from engaging in the practice of midwifery in this
state, as part of his or her course of study, if both of the
following conditions are met:
(1) The student is under the supervision of a licensed midwife or
certified nurse-midwife, who holds a clear and unrestricted license
in this state, who is present on the premises at all times client
services are provided, and who is practicing pursuant to Section 2507
or 2746.5, or a physician and surgeon.
(2) The client is informed of the student's status.
(b) For the purposes of this section, a "bona fide student" means
an individual who is enrolled and participating in a midwifery
education program or who is enrolled in a program of supervised
clinical training as part of the instruction of a three year
postsecondary midwifery education program approved by the board.
SEC. 18. Section 2569 of the Business and Professions Code is
amended to read:
2569. Notwithstanding any other law, the powers and duties of the
board, as set forth in this chapter, shall be subject to review by
the appropriate policy committees of the Legislature. The review
shall be performed as if this chapter were scheduled to be repealed
as of January 1, 2018.
SEC. 19. Section 4800 of the Business and Professions Code is
amended to read:
4800. (a) There is in the Department of Consumer Affairs a
Veterinary Medical Board in which the administration of this chapter
is vested. The board consists of the following members:
(1) Four licensed veterinarians.
(2) One registered veterinary technician.
(3) Three public members.
(b) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
(c) Notwithstanding any other law, the repeal of this section
renders the board subject to review by the appropriate policy
committees of the Legislature. However, the review of the board shall
be limited to those issues identified by the appropriate policy
committees of the Legislature and shall not involve the preparation
or submission of a sunset review document or evaluative
questionnaire.
SEC. 20. Section 4804.5 of the Business and Professions Code is
amended to read:
4804.5. The board may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated
by the board and vested in him or her by
this chapter.
This section shall remain in effect only until January 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2016, deletes or extends that date.
SEC. 21. Section 4809.5 of the Business and Professions Code is
amended to read:
4809.5. The board may at any time inspect the premises in which
veterinary medicine, veterinary dentistry, or veterinary surgery is
being practiced. The board's inspection authority does not extend to
premises that are not registered with the board. Nothing in this
section shall be construed to affect the board's ability to
investigate alleged unlicensed activity or to inspect a premises for
which registration has lapsed or is delinquent.
SEC. 22. Section 4809.7 of the Business and Professions Code is
amended to read:
4809.7. The board shall establish a regular inspection program
that will provide for random, unannounced inspections. The board
shall make every effort to inspect at least 20 percent of veterinary
premises on an annual basis.
SEC. 23. Section 4809.8 of the Business and Professions Code is
amended to read:
4809.8. (a) The board shall establish an advisory committee to
assist, advise, and make recommendations for the implementation of
rules and regulations necessary to ensure proper administration and
enforcement of this chapter and to assist the board in its
examination, licensure, and registration programs. The committee
shall serve only in an advisory capacity to the board and the
objectives, duties, and actions of the committee shall not be a
substitute for or conflict with any of the powers, duties, and
responsibilities of the board. The committee shall be known as the
Veterinary Medicine Multidisciplinary Advisory Committee. The
multidisciplinary committee shall consist of nine members. The
following members of the multidisciplinary committee shall be
appointed by the board from lists of nominees solicited by the board:
four licensed veterinarians, two registered veterinary technicians,
and one public member. The committee shall also include one
veterinarian member of the board, to be appointed by the board
president, and the registered veterinary technician member of the
board. Members of the multidisciplinary committee shall represent a
sufficient cross section of the interests in veterinary medicine in
order to address the issues before it, as determined by the board,
including veterinarians, registered veterinary technicians, and
members of the public.
(b) Multidisciplinary committee members appointed by the board
shall serve for a term of three years and appointments shall be
staggered accordingly. A member may be reappointed, but no person
shall serve as a member of the committee for more than two
consecutive terms. Vacancies occurring shall be filled by appointment
for the unexpired term, within 90 days after they occur. Board
members of the multidisciplinary committee shall serve concurrently
with their terms of office on the board.
(c) The multidisciplinary committee shall be subject to the
requirements of Article 9 (commencing with Section 11120) of Chapter
1 of Part 1 of Division 3 of Title 2 of the Government Code.
(d) Multidisciplinary committee members shall receive a per diem
as provided in Section 103 and shall be compensated for their actual
travel expenses in accordance with the rules and regulations adopted
by the Department of Human Resources.
(e) The board may remove a member of the multidisciplinary
committee appointed by the board for continued neglect of a duty
required by this chapter, for incompetency, or for unprofessional
conduct.
(f) It is the intent of the Legislature that the multidisciplinary
committee, in implementing this section, give appropriate
consideration to issues pertaining to the practice of registered
veterinarian technicians.
SEC. 24. Section 4836.1 of the Business and Professions Code is
amended to read:
4836.1. (a) Notwithstanding any other provision of law, a
registered veterinary technician or a veterinary assistant may
administer a drug, including, but not limited to, a drug that is a
controlled substance, under the direct or indirect supervision of a
licensed veterinarian when done pursuant to the order, control, and
full professional responsibility of a licensed veterinarian. However,
no person, other than a licensed veterinarian, may induce anesthesia
unless authorized by regulation of the board.
(b) Prior to authorizing a veterinary assistant to obtain or
administer a controlled substance by the order of a supervising
veterinarian, the licensee manager in a veterinary practice shall
conduct a background check on that veterinary assistant. A veterinary
assistant who has a drug- or alcohol-related felony conviction, as
indicated in the background check, shall be prohibited from obtaining
or administering controlled substances.
(c) Notwithstanding subdivision (b), if the Veterinary Medical
Board, in consultation with the Board of Pharmacy, identifies a
dangerous drug, as defined in Section 4022, as a drug that has an
established pattern of being diverted, the Veterinary Medical Board
may restrict access to that drug by veterinary assistants.
(d) For purposes of this section, the following definitions apply:
(1) "Controlled substance" has the same meaning as that term is
defined in Section 11007 of the Health and Safety Code.
(2) "Direct supervision" has the same meaning as that term is
defined in subdivision (e) of Section 2034 of Title 16 of the
California Code of Regulations.
(3) "Drug" has the same meaning as that term is defined in Section
11014 of the Health and Safety Code.
(4) "Indirect supervision" has the same meaning as that term is
defined in subdivision (f) of Section 2034 of Title 16 of the
California Code of Regulations.
(e) This section shall become inoperative on the later of January
1, 2015, or the date Section 4836.2 becomes operative, and, as of
January 1 next following that date, is repealed, unless a later
enacted statute, that becomes operative on or before that date,
deletes or extends the dates on which it becomes inoperative is
repealed.
SEC. 25. Section 4836.1 is added to the Business and Professions
Code, to read:
4836.1. (a) Notwithstanding any other law, a registered
veterinary technician or a veterinary assistant may administer a
drug, including, but not limited to, a drug that is a controlled
substance, under the direct or indirect supervision of a licensed
veterinarian when done pursuant to the order, control, and full
professional responsibility of a licensed veterinarian. However, no
person, other than a licensed veterinarian, may induce anesthesia
unless authorized by regulation of the board.
(b) A veterinary assistant may obtain or administer a controlled
substance pursuant to the order, control, and full professional
responsibility of a licensed veterinarian, only if he or she meets
both of the following conditions:
(1) Is designated by a licensed veterinarian to obtain or
administer controlled substances.
(2) Holds a valid veterinary assistant controlled substance permit
issued pursuant to Section 4836.2.
(c) Notwithstanding subdivision (b), if the Veterinary Medical
Board, in consultation with the Board of Pharmacy, identifies a
dangerous drug, as defined in Section 4022, as a drug that has an
established pattern of being diverted, the Veterinary Medical Board
may restrict access to that drug by veterinary assistants.
(d) For purposes of this section, the following definitions apply:
(1) "Controlled substance" has the same meaning as that term is
defined in Section 11007 of the Health and Safety Code.
(2) "Direct supervision" has the same meaning as that term is
defined in subdivision (e) of Section 2034 of Title 16 of the
California Code of Regulations.
(3) "Drug" has the same meaning as that term is defined in Section
11014 of the Health and Safety Code.
(4) "Indirect supervision" has the same meaning as that term is
defined in subdivision (f) of Section 2034 of Title 16 of the
California Code of Regulations.
(e) This section shall become operative on the date Section 4836.2
becomes operative.
SEC. 26. Section 4836.2 is added to the Business and Professions
Code, to read:
4836.2. (a) Applications for a veterinary assistant controlled
substance permit shall be upon a form furnished by the board.
(b) The fee for filing an application for a veterinary assistant
controlled substance permit shall be set by the board in an amount
the board determines is reasonably necessary to provide sufficient
funds to carry out the purposes of this section, not to exceed one
hundred dollars ($100).
(c) The board may deny, suspend, or revoke the controlled
substance permit of a veterinary assistant after notice and hearing
for any cause provided in this subdivision. The proceedings under
this section shall be conducted in accordance with the provisions for
administrative adjudication in Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the board shall have all the powers granted therein. The board may
revoke or suspend a veterinary assistant controlled substance permit
for any of the following reasons:
(1) The employment of fraud, misrepresentation, or deception in
obtaining a veterinary assistant controlled substance permit.
(2) Chronic inebriety or habitual use of controlled substances.
(3) Violating or attempts to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this chapter, or of the regulations adopted under
this chapter.
(d) The board shall not issue a veterinary assistant controlled
substance permit to any applicant with a state or federal felony
controlled substance conviction.
(e) The board shall revoke a veterinary assistant controlled
substance permit upon notification that the veterinary assistant to
whom the license is issued has been convicted of a state or federal
felony controlled substance violation.
(f) (1) As part of the application for a veterinary assistant
controlled substance permit, the applicant shall submit to the
Department of Justice fingerprint images and related information, as
required by the Department of Justice for all veterinary assistant
applicants, for the purposes of obtaining information as to the
existence and content of a record of state or federal convictions and
state or federal arrests and information as to the existence and
content of a record of state or federal arrests for which the
Department of Justice establishes that the person is free on bail or
on his or her own recognizance pending trial or appeal.
(2) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information that it receives pursuant to this section. The
Department of Justice shall review any information returned to it
from the Federal Bureau of Investigation and compile and disseminate
a response to the board summarizing that information.
(3) The Department of Justice shall provide a state or federal
level response to the board pursuant to paragraph (1) of subdivision
(p) of Section 11105 of the Penal Code.
(4) The Department of Justice shall charge a reasonable fee
sufficient to cover the cost of processing the request described in
this subdivision.
(g) The board shall request from the Department of Justice
subsequent notification service, as provided pursuant to Section
11105.2 of the Penal Code, for persons described in paragraph (1) of
subdivision (f).
(h) This section shall become operative upon the later of January
1, 2015, or the effective date of the statute in which the
Legislature makes a determination that the board has sufficient
staffing to implement this section.
SEC. 27. Section 4836.3 is added to the Business and Professions
Code, to read:
4836.3. (a) Each person who has been issued a veterinary
assistant controlled substance permit by the board pursuant to
Section 4836.2 shall biennially apply for renewal of his or her
permit on or before the last day of the applicant's birthday month.
The application shall be made on a form provided by the board.
(b) The application shall contain a statement to the effect that
the applicant has not been convicted of a felony, has not been the
subject of professional disciplinary action taken by any public
agency in California or any other state or territory, and has not
violated any of the provisions of this chapter. If the applicant is
unable to make that statement, the application shall contain a
statement of the conviction, professional discipline, or violation.
(c) The board may, as part of the renewal process, make necessary
inquiries of the applicant and conduct an investigation in order to
determine if cause for disciplinary action exists.
(d) The fee for filing an application for a renewal of a
veterinary assistant controlled substance permit shall be set by the
board in an amount the board determines is reasonably necessary to
provide sufficient funds to carry out the purposes of this section,
not to exceed fifty dollars ($50).
(e) This section shall become operative on the date Section 4836.2
becomes operative.
SEC. 28. Section 4836.4 is added to the Business and Professions
Code, to read:
4836.4. (a) Every person who has been issued a veterinary
assistant controlled substance permit by the board pursuant to
Section 4836.2 who changes his or her mailing or employer address
shall notify the board of his or her new mailing or employer address
within 30 days of the change. The board shall not renew the permit of
any person who fails to comply with this section unless the person
pays the penalty fee prescribed in Section 4842.5. An applicant for
the renewal of a permit shall specify in his or her application
whether he or she has changed his or her mailing or employer address
and the board may accept that statement as evidence of the fact.
(b) This section shall become operative on the date Section 4836.2
becomes operative.
SEC. 29. Section 11529 of the Government Code is amended to read:
11529. (a) The administrative law judge of the Medical Quality
Hearing Panel established pursuant to Section 11371 may issue an
interim order suspending a license, or imposing drug testing,
continuing education, supervision of procedures, or other license
restrictions. Interim orders may be issued only if the affidavits in
support of the petition show that the licensee has engaged in, or is
about to engage in, acts or omissions constituting a violation of the
Medical Practice Act or the appropriate practice act governing each
allied health profession, or is unable to practice safely due to a
mental or physical condition, and that permitting the licensee to
continue to engage in the profession for which the license was issued
will endanger the public health, safety, or welfare. The failure to
comply with an order issued pursuant to Section 820 of the Business
and Professions Code may constitute grounds to issue an interim
suspension order under this section.
(b) All orders authorized by this section shall be issued only
after a hearing conducted pursuant to subdivision (d), unless it
appears from the facts shown by affidavit that serious injury would
result to the public before the matter can be heard on notice. Except
as provided in subdivision (c), the licensee shall receive at least
15 days' prior notice of the hearing, which notice shall include
affidavits and all other information in support of the order.
(c) If an interim order is issued without notice, the
administrative law judge who issued the order without notice shall
cause the licensee to be notified of the order, including affidavits
and all other information in support of the order by a 24-hour
delivery service. That notice shall also include the date of the
hearing on the order, which shall be conducted in accordance with the
requirement of subdivision (d), not later than 20 days from the date
of issuance. The order shall be dissolved unless the requirements of
subdivision (a) are satisfied.
(d) For the purposes of the hearing conducted pursuant to this
section, the licentiate shall, at a minimum, have the following
rights:
(1) To be represented by counsel.
(2) To have a record made of the proceedings, copies of which may
be obtained by the licentiate upon payment of any reasonable charges
associated with the record.
(3) To present written evidence in the form of relevant
declarations, affidavits, and documents.
The discretion of the administrative law judge to permit testimony
at the hearing conducted pursuant to this section shall be identical
to the discretion of a superior court judge to permit testimony at a
hearing conducted pursuant to Section 527 of the Code of Civil
Procedure.
(4) To present oral argument.
(e) Consistent with the burden and standards of proof applicable
to a preliminary injunction entered under Section 527 of the Code of
Civil Procedure, the administrative law judge shall grant the interim
order where, in the exercise of discretion, the administrative law
judge concludes that:
(1) There is a reasonable probability that the petitioner will
prevail in the underlying action.
(2) The likelihood of injury to the public in not issuing the
order outweighs the likelihood of injury to the licensee in issuing
the order.
(f) In all cases in which an interim order is issued, and an
accusation is not filed and served pursuant to Sections 11503 and
11505 within 30 days of the date on which the parties to the hearing
on the interim order have submitted the matter, the order shall be
dissolved.
Upon service of the accusation the licensee shall have, in
addition to the rights granted by this section, all of the rights and
privileges available as specified in this chapter. If the licensee
requests a hearing on the accusation, the board shall provide the
licensee with a hearing within 30 days of the request, unless the
licensee stipulates to a later hearing, and a decision within 15 days
of the date the decision is received from the administrative law
judge, or the board shall nullify the interim order previously
issued, unless good cause can be shown by the Division of Medical
Quality for a delay.
(g) If an interim order is issued, a written decision shall be
prepared within 15 days of the hearing, by the administrative law
judge, including findings of fact and a conclusion articulating the
connection between the evidence produced at the hearing and the
decision reached.
(h) Notwithstanding the fact that interim orders issued pursuant
to this section are not issued after a hearing as otherwise required
by this chapter, interim orders so issued shall be subject to
judicial review pursuant to Section 1094.5 of the Code of Civil
Procedure. The relief that may be ordered shall be limited to a stay
of the interim order. Interim orders issued pursuant to this section
are final interim orders and, if not dissolved pursuant to
subdivision (c) or (f), may only be challenged administratively at
the hearing on the accusation.
(i) The interim order provided for by this section shall be:
(1) In addition to, and not a limitation on, the authority to seek
injunctive relief provided for in the Business and Professions Code.
(2) A limitation on the emergency decision procedure provided in
Article 13 (commencing with Section 11460.10) of Chapter 4.5.
SEC. 29.5. Section 11529 of the Government Code is amended to
read:
11529. (a) The administrative law judge of the Medical Quality
Hearing Panel established pursuant to Section 11371 may issue an
interim order suspending a license, imposing drug testing, continuing
education, supervision of procedures, limitations on the authority
to prescribe, furnish, administer, or dispense controlled substances,
or other license restrictions. Interim orders may be issued only if
the affidavits in support of the petition show that the licensee has
engaged in, or is about to engage in, acts or omissions constituting
a violation of the Medical Practice Act or the appropriate practice
act governing each allied health profession, or is unable to practice
safely due to a mental or physical condition, and that permitting
the licensee to continue to engage in the profession for which the
license was issued will endanger the public health, safety, or
welfare. The failure to comply with an order issued pursuant to
Section 820 of the Business and Professions Code may constitute
grounds to issue an interim suspension order under this section.
(b) All orders authorized by this section shall be issued only
after a hearing conducted pursuant to subdivision (d), unless it
appears from the facts shown by affidavit that serious injury would
result to the public before the matter can be heard on notice. Except
as provided in subdivision (c), the licensee shall receive at least
15 days' prior notice of the hearing, which notice shall include
affidavits and all other information in support of the order.
(c) If an interim order is issued without notice, the
administrative law judge who issued the order without notice shall
cause the licensee to be notified of the order, including affidavits
and all other information in support of the order by a 24-hour
delivery service. That notice shall also include the date of the
hearing on the order, which shall be conducted in accordance with the
requirement of subdivision (d), not later than 20 days from the date
of issuance. The order shall be dissolved unless the requirements of
subdivision (a) are satisfied.
(d) For the purposes of the hearing conducted pursuant to this
section, the licentiate shall, at a minimum, have the following
rights:
(1) To be represented by counsel.
(2) To have a record made of the proceedings, copies of which may
be obtained by the licentiate upon payment of any reasonable charges
associated with the record.
(3) To present written evidence in the form of relevant
declarations, affidavits, and documents.
The discretion of the administrative law judge to permit testimony
at the hearing conducted pursuant to this section shall be identical
to the discretion of a superior court judge to permit testimony at a
hearing conducted pursuant to Section 527 of the Code of Civil
Procedure.
(4) To present oral argument.
(e) Consistent with the burden and standards of proof applicable
to a preliminary injunction entered under Section 527 of the Code of
Civil Procedure, the administrative law judge shall grant the interim
order if, in the exercise of discretion, the administrative law
judge concludes that:
(1) There is a reasonable probability that the petitioner will
prevail in the underlying action.
(2) The likelihood of injury to the public in not issuing the
order outweighs the likelihood of injury to the licensee in issuing
the order.
(f) In all cases in which an interim order is issued, and an
accusation is not filed and served pursuant to Sections 11503 and
11505 within 30 days of the date on which the parties to the hearing
on the interim order have submitted the matter, the order shall be
dissolved.
Upon service of the accusation the licensee shall have, in
addition to the rights granted by this section, all of the rights and
privileges available as specified in this chapter. If the licensee
requests a hearing on the accusation, the board shall provide the
licensee with a hearing within 30 days of the request, unless the
licensee stipulates to a later hearing, and a decision within 15 days
of the date the decision is received from the administrative law
judge, or the board shall nullify the interim order previously
issued, unless good cause can be shown by the Division of Medical
Quality for a delay.
(g) If an interim order is issued, a written decision shall be
prepared within 15 days of the hearing, by the administrative law
judge, including findings of fact and a conclusion articulating the
connection between the evidence produced at the hearing and the
decision reached.
(h) Notwithstanding the fact that interim orders issued pursuant
to this section are not issued after a hearing as otherwise required
by this chapter, interim orders so issued shall be subject to
judicial review pursuant to Section 1094.5 of the Code of Civil
Procedure. The relief that may be ordered shall be limited to a stay
of the interim order. Interim orders issued pursuant to this section
are final interim orders and, if not dissolved pursuant to
subdivision (c) or (f), may only be challenged administratively at
the hearing on the accusation.
(i) The interim order provided for by this section shall be:
(1) In addition to, and not a limitation on, the authority to seek
injunctive relief provided for in the Business and Professions Code.
(2) A limitation on the emergency decision procedure provided in
Article 13 (commencing with Section 11460.10) of Chapter 4.5.
SEC. 30. Section 12529 of the Government Code, as amended by
Section 112 of Chapter 332 of the Statutes of 2012, is amended to
read:
12529. (a) There is in the Department of Justice the Health
Quality Enforcement Section. The primary responsibility of the
section is to investigate and prosecute proceedings against licensees
and applicants within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, the Board of
Psychology, the Physical Therapy Board of California, or any
committee under the jurisdiction of the Medical Board of California.
(b) The Attorney General shall appoint a Senior Assistant Attorney
General of the Health Quality Enforcement Section. The Senior
Assistant Attorney General of the Health Quality Enforcement Section
shall be an attorney in good standing licensed to practice in the
State of California, experienced in prosecutorial or administrative
disciplinary proceedings and competent in the management and
supervision of attorneys performing those functions.
(c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the most
complex and varied types of disciplinary actions against the
licensees of the boards.
(d) Funding for the Health Quality Enforcement Section shall be
budgeted in consultation with the Attorney General from the special
funds financing the operations of the Medical Board of California,
the California Board of Podiatric Medicine, the Board of Psychology,
the Physical Therapy Board of California, and the committees under
the jurisdiction of the
Medical Board of California, with the intent that the expenses be
proportionally shared as to services rendered.
SEC. 31. Section 12529 of the Government Code, as amended by
Section 113 of Chapter 332 of the Statutes of 2012, is repealed.
SEC. 32. Section 12529.5 of the Government Code, as amended by
Section 114 of Chapter 332 of the Statutes of 2012, is amended to
read:
12529.5. (a) All complaints or relevant information concerning
licensees that are within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, the Board of
Psychology, or the Physical Therapy Board of California shall be made
available to the Health Quality Enforcement Section.
(b) The Senior Assistant Attorney General of the Health Quality
Enforcement Section shall assign attorneys to work on location at the
intake unit of the boards described in subdivision (a) to assist in
evaluating and screening complaints and to assist in developing
uniform standards and procedures for processing complaints.
(c) The Senior Assistant Attorney General or his or her deputy
attorneys general shall assist the boards in designing and providing
initial and in-service training programs for staff of the boards,
including, but not limited to, information collection and
investigation.
(d) The determination to bring a disciplinary proceeding against a
licensee of the boards shall be made by the executive officer of the
boards as appropriate in consultation with the senior assistant.
SEC. 33. Section 12529.5 of the Government Code, as amended by
Section 115 of Chapter 332 of the Statutes of 2012, is repealed.
SEC. 34. Section 12529.6 of the Government Code is amended to
read:
12529.6. (a) The Legislature finds and declares that the Medical
Board of California, by ensuring the quality and safety of medical
care, performs one of the most critical functions of state
government. Because of the critical importance of the board's public
health and safety function, the complexity of cases involving alleged
misconduct by physicians and surgeons, and the evidentiary burden in
the board's disciplinary cases, the Legislature finds and declares
that using a vertical enforcement and prosecution model for those
investigations is in the best interests of the people of California.
(b) Notwithstanding any other provision of law, as of January 1,
2006, each complaint that is referred to a district office of the
board for investigation shall be simultaneously and jointly assigned
to an investigator and to the deputy attorney general in the Health
Quality Enforcement Section responsible for prosecuting the case if
the investigation results in the filing of an accusation. The joint
assignment of the investigator and the deputy attorney general shall
exist for the duration of the disciplinary matter. During the
assignment, the investigator so assigned shall, under the direction
but not the supervision of the deputy attorney general, be
responsible for obtaining the evidence required to permit the
Attorney General to advise the board on legal matters such as whether
the board should file a formal accusation, dismiss the complaint for
a lack of evidence required to meet the applicable burden of proof,
or take other appropriate legal action.
(c) The Medical Board of California, the Department of Consumer
Affairs, and the Office of the Attorney General shall, if necessary,
enter into an interagency agreement to implement this section.
(d) This section does not affect the requirements of Section
12529.5 as applied to the Medical Board of California where
complaints that have not been assigned to a field office for
investigation are concerned.
(e) It is the intent of the Legislature to enhance the vertical
enforcement and prosecution model as set forth in subdivision (a).
The Medical Board of California shall do all of the following:
(1) Increase its computer capabilities and compatibilities with
the Health Quality Enforcement Section in order to share case
information.
(2) Establish and implement a plan to locate its enforcement staff
and the staff of the Health Quality Enforcement Section in the same
offices, as appropriate, in order to carry out the intent of the
vertical enforcement and prosecution model.
(3) Establish and implement a plan to assist in team building
between its enforcement staff and the staff of the Health Quality
Enforcement Section in order to ensure a common and consistent
knowledge base.
SEC. 35. Section 12529.7 of the Government Code is amended to
read:
12529.7. By March 1, 2015, the Medical Board of California, in
consultation with the Department of Justice and the Department of
Consumer Affairs, shall report and make recommendations to the
Governor and the Legislature on the vertical enforcement and
prosecution model created under Section 12529.6.
SEC. 36. Section 1248.15 of the Health and Safety Code is amended
to read:
1248.15. (a) The board shall adopt standards for accreditation
and, in approving accreditation agencies to perform accreditation of
outpatient settings, shall ensure that the certification program
shall, at a minimum, include standards for the following aspects of
the settings' operations:
(1) Outpatient setting allied health staff shall be licensed or
certified to the extent required by state or federal law.
(2) (A) Outpatient settings shall have a system for facility
safety and emergency training requirements.
(B) There shall be onsite equipment, medication, and trained
personnel to facilitate handling of services sought or provided and
to facilitate handling of any medical emergency that may arise in
connection with services sought or provided.
(C) In order for procedures to be performed in an outpatient
setting as defined in Section 1248, the outpatient setting shall do
one of the following:
(i) Have a written transfer agreement with a local accredited or
licensed acute care hospital, approved by the facility's medical
staff.
(ii) Permit surgery only by a licensee who has admitting
privileges at a local accredited or licensed acute care hospital,
with the exception that licensees who may be precluded from having
admitting privileges by their professional classification or other
administrative limitations, shall have a written transfer agreement
with licensees who have admitting privileges at local accredited or
licensed acute care hospitals.
(iii) Submit for approval by an accrediting agency a detailed
procedural plan for handling medical emergencies that shall be
reviewed at the time of accreditation. No reasonable plan shall be
disapproved by the accrediting agency.
(D) In addition to the requirements imposed in subparagraph (C),
the outpatient setting shall submit for approval by an accreditation
agency at the time of accreditation a detailed plan, standardized
procedures, and protocols to be followed in the event of serious
complications or side effects from surgery that would place a patient
at high risk for injury or harm or to govern emergency and urgent
care situations. The plan shall include, at a minimum, that if a
patient is being transferred to a local accredited or licensed acute
care hospital, the outpatient setting shall do all of the following:
(i) Notify the individual designated by the patient to be notified
in case of an emergency.
(ii) Ensure that the mode of transfer is consistent with the
patient's medical condition.
(iii) Ensure that all relevant clinical information is documented
and accompanies the patient at the time of transfer.
(iv) Continue to provide appropriate care to the patient until the
transfer is effectuated.
(E) All physicians and surgeons transferring patients from an
outpatient setting shall agree to cooperate with the medical staff
peer review process on the transferred case, the results of which
shall be referred back to the outpatient setting, if deemed
appropriate by the medical staff peer review committee. If the
medical staff of the acute care facility determines that
inappropriate care was delivered at the outpatient setting, the acute
care facility's peer review outcome shall be reported, as
appropriate, to the accrediting body or in accordance with existing
law.
(3) The outpatient setting shall permit surgery by a dentist
acting within his or her scope of practice under Chapter 4
(commencing with Section 1600) of Division 2 of the Business and
Professions Code or physician and surgeon, osteopathic physician and
surgeon, or podiatrist acting within his or her scope of practice
under Chapter 5 (commencing with Section 2000) of Division 2 of the
Business and Professions Code or the Osteopathic Initiative Act. The
outpatient setting may, in its discretion, permit anesthesia service
by a certified registered nurse anesthetist acting within his or her
scope of practice under Article 7 (commencing with Section 2825) of
Chapter 6 of Division 2 of the Business and Professions Code.
(4) Outpatient settings shall have a system for maintaining
clinical records.
(5) Outpatient settings shall have a system for patient care and
monitoring procedures.
(6) (A) Outpatient settings shall have a system for quality
assessment and improvement.
(B) Members of the medical staff and other practitioners who are
granted clinical privileges shall be professionally qualified and
appropriately credentialed for the performance of privileges granted.
The outpatient setting shall grant privileges in accordance with
recommendations from qualified health professionals, and
credentialing standards established by the outpatient setting.
(C) Clinical privileges shall be periodically reappraised by the
outpatient setting. The scope of procedures performed in the
outpatient setting shall be periodically reviewed and amended as
appropriate.
(7) Outpatient settings regulated by this chapter that have
multiple service locations shall have all of the sites inspected.
(8) Outpatient settings shall post the certificate of
accreditation in a location readily visible to patients and staff.
(9) Outpatient settings shall post the name and telephone number
of the accrediting agency with instructions on the submission of
complaints in a location readily visible to patients and staff.
(10) Outpatient settings shall have a written discharge criteria.
(b) Outpatient settings shall have a minimum of two staff persons
on the premises, one of whom shall either be a licensed physician and
surgeon or a licensed health care professional with current
certification in advanced cardiac life support (ACLS), as long as a
patient is present who has not been discharged from supervised care.
Transfer to an unlicensed setting of a patient who does not meet the
discharge criteria adopted pursuant to paragraph (10) of subdivision
(a) shall constitute unprofessional conduct.
(c) An accreditation agency may include additional standards in
its determination to accredit outpatient settings if these are
approved by the board to protect the public health and safety.
(d) No accreditation standard adopted or approved by the board,
and no standard included in any certification program of any
accreditation agency approved by the board, shall serve to limit the
ability of any allied health care practitioner to provide services
within his or her full scope of practice. Notwithstanding this or any
other provision of law, each outpatient setting may limit the
privileges, or determine the privileges, within the appropriate scope
of practice, that will be afforded to physicians and allied health
care practitioners who practice at the facility, in accordance with
credentialing standards established by the outpatient setting in
compliance with this chapter. Privileges may not be arbitrarily
restricted based on category of licensure.
(e) The board shall adopt standards that it deems necessary for
outpatient settings that offer in vitro fertilization.
(f) The board may adopt regulations it deems necessary to specify
procedures that should be performed in an accredited outpatient
setting for facilities or clinics that are outside the definition of
outpatient setting as specified in Section 1248.
(g) As part of the accreditation process, the accrediting agency
shall conduct a reasonable investigation of the prior history of the
outpatient setting, including all licensed physicians and surgeons
who have an ownership interest therein, to determine whether there
have been any adverse accreditation decisions rendered against them.
For the purposes of this section, "conducting a reasonable
investigation" means querying the Medical Board of California and the
Osteopathic Medical Board of California to ascertain if either the
outpatient setting has, or, if its owners are licensed physicians and
surgeons, if those physicians and surgeons have, been subject to an
adverse accreditation decision.
SEC. 37. Section 830.3 of the Penal Code is amended to read:
830.3. The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any public offense with respect to which there is immediate danger to
person or property, or of the escape of the perpetrator of that
offense, or pursuant to Section 8597 or 8598 of the Government Code.
These peace officers may carry firearms only if authorized and under
those terms and conditions as specified by their employing agencies:
(a) Persons employed by the Division of Investigation of the
Department of Consumer Affairs and investigators of the Medical Board
of California and the Board of Dental Examiners, who are designated
by the Director of Consumer Affairs, provided that the primary duty
of these peace officers shall be the enforcement of the law as that
duty is set forth in Section 160 of the Business and Professions
Code.
(b) Voluntary fire wardens designated by the Director of Forestry
and Fire Protection pursuant to Section 4156 of the Public Resources
Code, provided that the primary duty of these peace officers shall be
the enforcement of the law as that duty is set forth in Section 4156
of that code.
(c) Employees of the Department of Motor Vehicles designated in
Section 1655 of the Vehicle Code, provided that the primary duty of
these peace officers shall be the enforcement of the law as that duty
is set forth in Section 1655 of that code.
(d) Investigators of the California Horse Racing Board designated
by the board, provided that the primary duty of these peace officers
shall be the enforcement of Chapter 4 (commencing with Section 19400)
of Division 8 of the Business and Professions Code and Chapter 10
(commencing with Section 330) of Title 9 of Part 1 of this code.
(e) The State Fire Marshal and assistant or deputy state fire
marshals appointed pursuant to Section 13103 of the Health and Safety
Code, provided that the primary duty of these peace officers shall
be the enforcement of the law as that duty is set forth in Section
13104 of that code.
(f) Inspectors of the food and drug section designated by the
chief pursuant to subdivision (a) of Section 106500 of the Health and
Safety Code, provided that the primary duty of these peace officers
shall be the enforcement of the law as that duty is set forth in
Section 106500 of that code.
(g) All investigators of the Division of Labor Standards
Enforcement designated by the Labor Commissioner, provided that the
primary duty of these peace officers shall be the enforcement of the
law as prescribed in Section 95 of the Labor Code.
(h) All investigators of the State Departments of Health Care
Services, Public Health, Social Services, Mental Health, and Alcohol
and Drug Programs, the Department of Toxic Substances Control, the
Office of Statewide Health Planning and Development, and the Public
Employees' Retirement System, provided that the primary duty of these
peace officers shall be the enforcement of the law relating to the
duties of his or her department or office. Notwithstanding any other
provision of law, investigators of the Public Employees' Retirement
System shall not carry firearms.
(i) The Chief of the Bureau of Fraudulent Claims of the Department
of Insurance and those investigators designated by the chief,
provided that the primary duty of those investigators shall be the
enforcement of Section 550.
(j) Employees of the Department of Housing and Community
Development designated under Section 18023 of the Health and Safety
Code, provided that the primary duty of these peace officers shall be
the enforcement of the law as that duty is set forth in Section
18023 of that code.
(k) Investigators of the office of the Controller, provided that
the primary duty of these investigators shall be the enforcement of
the law relating to the duties of that office. Notwithstanding any
other law, except as authorized by the Controller, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(l) Investigators of the Department of Business Oversight
designated by the Commissioner of Business Oversight, provided that
the primary duty of these investigators shall be the enforcement of
the provisions of law administered by the Department of Business
Oversight. Notwithstanding any other provision of law, the peace
officers designated pursuant to this subdivision shall not carry
firearms.
(m) Persons employed by the Contractors State License Board
designated by the Director of Consumer Affairs pursuant to Section
7011.5 of the Business and Professions Code, provided that the
primary duty of these persons shall be the enforcement of the law as
that duty is set forth in Section 7011.5, and in Chapter 9
(commencing with Section 7000) of Division 3, of that code. The
Director of Consumer Affairs may designate as peace officers not more
than 12 persons who shall at the time of their designation be
assigned to the special investigations unit of the board.
Notwithstanding any other provision of law, the persons designated
pursuant to this subdivision shall not carry firearms.
(n) The Chief and coordinators of the Law Enforcement Branch of
the Office of Emergency Services.
(o) Investigators of the office of the Secretary of State
designated by the Secretary of State, provided that the primary duty
of these peace officers shall be the enforcement of the law as
prescribed in Chapter 3 (commencing with Section 8200) of Division 1
of Title 2 of, and Section 12172.5 of, the Government Code.
Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(p) The Deputy Director for Security designated by Section 8880.38
of the Government Code, and all lottery security personnel assigned
to the California State Lottery and designated by the director,
provided that the primary duty of any of those peace officers shall
be the enforcement of the laws related to assuring the integrity,
honesty, and fairness of the operation and administration of the
California State Lottery.
(q) Investigators employed by the Investigation Division of the
Employment Development Department designated by the director of the
department, provided that the primary duty of those peace officers
shall be the enforcement of the law as that duty is set forth in
Section 317 of the Unemployment Insurance Code.
Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(r) The chief and assistant chief of museum security and safety of
the California Science Center, as designated by the executive
director pursuant to Section 4108 of the Food and Agricultural Code,
provided that the primary duty of those peace officers shall be the
enforcement of the law as that duty is set forth in Section 4108 of
the Food and Agricultural Code.
(s) Employees of the Franchise Tax Board designated by the board,
provided that the primary duty of these peace officers shall be the
enforcement of the law as set forth in Chapter 9 (commencing with
Section 19701) of Part 10.2 of Division 2 of the Revenue and Taxation
Code.
(t) Notwithstanding any other provision of this section, a peace
officer authorized by this section shall not be authorized to carry
firearms by his or her employing agency until that agency has adopted
a policy on the use of deadly force by those peace officers, and
until those peace officers have been instructed in the employing
agency's policy on the use of deadly force.
Every peace officer authorized pursuant to this section to carry
firearms by his or her employing agency shall qualify in the use of
the firearms at least every six months.
(u) Investigators of the Department of Managed Health Care
designated by the Director of the Department of Managed Health Care,
provided that the primary duty of these investigators shall be the
enforcement of the provisions of laws administered by the Director of
the Department of Managed Health Care. Notwithstanding any other
provision of law, the peace officers designated pursuant to this
subdivision shall not carry firearms.
(v) The Chief, Deputy Chief, supervising investigators, and
investigators of the Office of Protective Services of the State
Department of Developmental Services, provided that the primary duty
of each of those persons shall be the enforcement of the law relating
to the duties of his or her department or office.
(w) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 38. Section 830.3 is added to the Penal Code, to read:
830.3. The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any public offense with respect to which there is immediate danger to
person or property, or of the escape of the perpetrator of that
offense, or pursuant to Section 8597 or 8598 of the Government Code.
These peace officers may carry firearms only if authorized and under
those terms and conditions as specified by their employing agencies:
(a) Persons employed by the Division of Investigation of the
Department of Consumer Affairs and investigators of the Board of
Dental Examiners, who are designated by the Director of Consumer
Affairs, provided that the primary duty of these peace officers shall
be the enforcement of the law as that duty is set forth in Section
160 of the Business and Professions Code.
(b) Voluntary fire wardens designated by the Director of Forestry
and Fire Protection pursuant to Section 4156 of the Public Resources
Code, provided that the primary duty of these peace officers shall be
the enforcement of the law as that duty is set forth in Section 4156
of that code.
(c) Employees of the Department of Motor Vehicles designated in
Section 1655 of the Vehicle Code, provided that the primary duty of
these peace officers shall be the enforcement of the law as that duty
is set forth in Section 1655 of that code.
(d) Investigators of the California Horse Racing Board designated
by the board, provided that the primary duty of these peace officers
shall be the enforcement of Chapter 4 (commencing with Section 19400)
of Division 8 of the Business and Professions Code and Chapter 10
(commencing with Section 330) of Title 9 of Part 1 of this code.
(e) The State Fire Marshal and assistant or deputy state fire
marshals appointed pursuant to Section 13103 of the Health and Safety
Code, provided that the primary duty of these peace officers shall
be the enforcement of the law as that duty is set forth in Section
13104 of that code.
(f) Inspectors of the food and drug section designated by the
chief pursuant to subdivision (a) of Section 106500 of the Health and
Safety Code, provided that the primary duty of these peace officers
shall be the enforcement of the law as that duty is set forth in
Section 106500 of that code.
(g) All investigators of the Division of Labor Standards
Enforcement designated by the Labor Commissioner, provided that the
primary duty of these peace officers shall be the enforcement of the
law as prescribed in Section 95 of the Labor Code.
(h) All investigators of the State Departments of Health Care
Services, Public Health, Social Services, Mental Health, and Alcohol
and Drug Programs, the Department of Toxic Substances Control, the
Office of Statewide Health Planning and Development, and the Public
Employees' Retirement System, provided that the primary duty of these
peace officers shall be the enforcement of the law relating to the
duties of his or her department or office. Notwithstanding any other
provision of law, investigators of the Public Employees' Retirement
System shall not carry firearms.
(i) The Chief of the Bureau of Fraudulent Claims of the Department
of Insurance and those investigators designated by the chief,
provided that the primary duty of those investigators shall be the
enforcement of Section 550.
(j) Employees of the Department of Housing and Community
Development designated under Section 18023 of the Health and Safety
Code, provided that the primary duty of these peace officers shall be
the enforcement of the law as that duty is set forth in Section
18023 of that code.
(k) Investigators of the office of the Controller, provided that
the primary duty of these investigators shall be the enforcement of
the law relating to the duties of that office. Notwithstanding any
other law, except as authorized by the Controller, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(l) Investigators of the Department of Business Oversight
designated by the Commissioner of Business Oversight, provided that
the primary duty of these investigators shall be the enforcement of
the provisions of law administered by the Department of Business
Oversight. Notwithstanding any other provision of law, the peace
officers designated pursuant to this subdivision shall not carry
firearms.
(m) Persons employed by the Contractors State License Board
designated by the Director of Consumer Affairs pursuant to Section
7011.5 of the Business and Professions Code, provided that the
primary duty of these persons shall be the enforcement of the law as
that duty is set forth in Section 7011.5, and in Chapter 9
(commencing with Section 7000) of Division 3, of that code. The
Director of Consumer Affairs may designate as peace officers not more
than 12 persons who shall at the time of their designation
be assigned to the special
investigations unit of the board. Notwithstanding any other provision
of law, the persons designated pursuant to this subdivision shall
not carry firearms.
(n) The Chief and coordinators of the Law Enforcement Branch of
the Office of Emergency Services.
(o) Investigators of the office of the Secretary of State
designated by the Secretary of State, provided that the primary duty
of these peace officers shall be the enforcement of the law as
prescribed in Chapter 3 (commencing with Section 8200) of Division 1
of Title 2 of, and Section 12172.5 of, the Government Code.
Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(p) The Deputy Director for Security designated by Section 8880.38
of the Government Code, and all lottery security personnel assigned
to the California State Lottery and designated by the director,
provided that the primary duty of any of those peace officers shall
be the enforcement of the laws related to assuring the integrity,
honesty, and fairness of the operation and administration of the
California State Lottery.
(q) Investigators employed by the Investigation Division of the
Employment Development Department designated by the director of the
department, provided that the primary duty of those peace officers
shall be the enforcement of the law as that duty is set forth in
Section 317 of the Unemployment Insurance Code.
Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(r) The chief and assistant chief of museum security and safety of
the California Science Center, as designated by the executive
director pursuant to Section 4108 of the Food and Agricultural Code,
provided that the primary duty of those peace officers shall be the
enforcement of the law as that duty is set forth in Section 4108 of
the Food and Agricultural Code.
(s) Employees of the Franchise Tax Board designated by the board,
provided that the primary duty of these peace officers shall be the
enforcement of the law as set forth in Chapter 9 (commencing with
Section 19701) of Part 10.2 of Division 2 of the Revenue and Taxation
Code.
(t) Notwithstanding any other provision of this section, a peace
officer authorized by this section shall not be authorized to carry
firearms by his or her employing agency until that agency has adopted
a policy on the use of deadly force by those peace officers, and
until those peace officers have been instructed in the employing
agency's policy on the use of deadly force.
Every peace officer authorized pursuant to this section to carry
firearms by his or her employing agency shall qualify in the use of
the firearms at least every six months.
(u) Investigators of the Department of Managed Health Care
designated by the Director of the Department of Managed Health Care,
provided that the primary duty of these investigators shall be the
enforcement of the provisions of laws administered by the Director of
the Department of Managed Health Care. Notwithstanding any other
provision of law, the peace officers designated pursuant to this
subdivision shall not carry firearms.
(v) The Chief, Deputy Chief, supervising investigators, and
investigators of the Office of Protective Services of the State
Department of Developmental Services, provided that the primary duty
of each of those persons shall be the enforcement of the law relating
to the duties of his or her department or office.
(w) This section shall become operative July 1, 2014.
SEC. 39. Section 29.5 of this bill incorporates amendments to
Section 11529 of the Government Code proposed by both this bill and
Senate Bill 670. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2014, (2) each
bill amends Section 11529 of the Government Code, and (3) this bill
is enacted after Senate Bill 670, in which case Section 29 of this
bill shall not become operative.
SEC. 40. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
