Bill Text: CA SB1434 | 2021-2022 | Regular Session | Chaptered
Bill Title: State Board of Chiropractic Examiners.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2022-09-27 - Chaptered by Secretary of State. Chapter 623, Statutes of 2022. [SB1434 Detail]
Download: California-2021-SB1434-Chaptered.html
Senate Bill
No. 1434
CHAPTER 623
An act to amend Sections 1000, 1001, 1006, 1006.5, and 1007 of the Business and Professions Code, relating to chiropractors, and making an appropriation therefor.
[
Approved by
Governor
September 27, 2022.
Filed with
Secretary of State
September 27, 2022.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 1434, Roth.
State Board of Chiropractic Examiners.
Existing law, the Chiropractic Act, enacted by an initiative measure, provides for the licensure and regulation of chiropractors in this state by the State Board of Chiropractic Examiners. Existing law requires that the powers and duties of the board, as provided, be subject to review by the appropriate policy committees of the Legislature as if that act were scheduled to be repealed on January 1, 2023.
This bill would instead require that the powers and duties of the board, as provided, be subject to review by the appropriate policy committees of the Legislature as if that act were scheduled to be repealed on January 1, 2027.
Existing law requires the board to annually compile a complete directory of all licensees within the state that contains, among other things, the names and addresses of licensees,
and requires a licensee to report immediately any change in residence, as specified.
This bill would require the directory to additionally include the telephone numbers and emails of licensees, and would require a licensee to report immediately any change in residence or contact information, as specified.
Existing law requires the board to submit a report to the appropriate policy and fiscal committees of the Legislature that contains, but is not limited to, the status of the board’s fee audit and an update on the board’s plans for restructuring its license fees, among other things, by July 1, 2018.
This bill would instead require the board to submit a report to the appropriate policy and fiscal committees of the Legislature that contains, but is not limited to, an update on the status of
the board’s license fee structure and whether the board needs to consider plans for restructuring its license fees by January 1, 2027.
Existing law establishes a schedule of regulatory fees necessary to carry out the responsibilities required by the Chiropractic Initiative Act, including, among others, application and renewal fees for licensure, fees to apply for approval for a continuing education course, and satellite office certificate fees. Existing law authorizes the Legislature to fix the amounts of the fees payable by applicants and licensees, and directs the
deposit of these fees into the State Board of Chiropractic Examiners’ Fund, a continuously appropriated fund.
This bill would change the amount of those fees, as provided. By increasing specified fees for deposit into a continuously appropriated fund, the bill would make an appropriation.
Existing law requires the board to require a licensee to provide a separate disclosure to a patient, patient’s guardian, or patient’s health care surrogate that includes specified information on the licensee’s probationary status, subject to certain exemptions.
This bill would remove specified exemptions from the requirement on licensees to provide the above-described separate disclosure.
Digest Key
Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1000 of the Business and Professions Code is amended to read:1000.
(a) The law governing practitioners of chiropractic is found in an initiative act entitled “An act prescribing the terms upon which licenses may be issued to practitioners of chiropractic, creating the State Board of Chiropractic Examiners and declaring its powers and duties, prescribing penalties for violation hereof, and repealing all acts and parts of acts inconsistent herewith,” adopted by the electors November 7, 1922.(b) The State Board of Chiropractic Examiners is within the Department of Consumer Affairs.
(c) Notwithstanding any other law, the powers and duties of the State Board of Chiropractic Examiners, as set forth in this article and under the act creating the board, shall be subject to
review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2027.
SEC. 2.
Section 1001 of the Business and Professions Code is amended to read:1001.
In each year, the State Board of Chiropractic Examiners shall compile and may thereafter publish and sell a complete directory of all persons within the state who hold unforfeited and unrevoked certificates to practice chiropractic, and whose certificate in any manner authorizes the treatment of human beings for diseases, injuries, deformities, or any other physical or mental conditions.The directory shall contain:
(a) The following information concerning each such person:
(1) The name, address, telephone number, and email of such person.
(2) The names and symbols indicating
their title.
(3) The school, attendance at which qualified them for examination or admission to practice.
(4) The date of the issuance of their certificate.
(b) The annual report of the board for the prior year.
(c) Information relating to other laws of this state and the United States which the board determines to be of interest to persons licensed to practice chiropractic.
(d) Copies of opinions of the Attorney General relating to the practice of chiropractic.
(e) A copy of the provisions of this chapter and a copy of the act cited in Section 1000.
The board may require the persons
designated in this section to furnish such information as it may deem necessary to enable it to compile the directory. Every person so designated shall report immediately each and every change of residence or contact information, giving both their old and new address or contact information, as applicable.
The directory shall be evidence of the right of the persons named in it to practice unless their certificate to practice chiropractic has been canceled, suspended, or revoked. The board may collect from each person who voluntarily subscribes to or purchases a copy of the directory the cost of publication and distribution thereof, except that one copy of the directory shall be distributed without charge to each certificate holder of the board.
SEC. 3.
Section 1006 of the Business and Professions Code is amended to read:1006.
(a) By January 1, 2027, the State Board of Chiropractic Examiners shall submit a report to the appropriate policy and fiscal committees of the Legislature that contains, but is not limited to, an update on the status of the State Board of Chiropractic Examiners’ license fee structure and whether the board needs to consider plans for restructuring its license fees.(b) The report to the Legislature under subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 4.
Section 1006.5 of the Business and Professions Code is amended to read:1006.5.
Notwithstanding any other law, the amount of regulatory fees necessary to carry out the responsibilities required by the Chiropractic Initiative Act and this chapter are, unless a lower fee is adopted by the board by regulation, fixed in the following schedule:(a) Fee to apply for a license to practice chiropractic: three hundred forty-five dollars ($345).
(b) Fee for initial license to practice chiropractic: one hundred thirty-seven dollars ($137).
(c) The fee to renew an active or inactive license to practice chiropractic shall be three hundred
thirty-six dollars ($336) and may be increased to not more than five hundred dollars ($500) and, if a lower fee is fixed by the board, shall be an amount sufficient to support the functions of the board in the administration of the Chiropractic Initiative Act and this chapter.
(d) Fee to apply for approval as a continuing education provider: two hundred ninety-one dollars ($291).
(e) Biennial continuing education provider renewal fee:
one hundred eighteen dollars ($118).
(f) Fee to apply for approval of a continuing education course: one hundred sixteen dollars ($116) per hour of instruction.
(g) Fee to apply for a satellite office certificate:
sixty-nine dollars ($69).
(h) Fee to renew a satellite office certificate: fifty dollars ($50).
(i) Fee to apply for a license to practice chiropractic pursuant to Section 9 of the Chiropractic Initiative Act: two hundred eighty-three dollars ($283).
(j) Fee to apply for a certificate of registration of a chiropractic corporation: one
hundred seventy-one dollars ($171).
(k) Fee to renew a certificate of registration of a chiropractic corporation: sixty-two dollars ($62).
(l) Fee to file a chiropractic corporation special report: ninety-eight dollars ($98).
(m) Fee to apply for approval as a referral
service:
two hundred seventy-nine dollars ($279).
(n) Fee for an endorsed verification of licensure: eighty-three dollars ($83).
(o) Fee for replacement of a lost or destroyed license: seventy-one dollars ($71).
(p) Fee for replacement of a satellite office certificate:
seventy-one dollars ($71).
(q) Fee for replacement of a certificate of registration of a chiropractic corporation: seventy dollars ($70).
(r) Fee to restore a forfeited or canceled license to practice chiropractic: double the annual renewal fee specified in subdivision (c).
(s) Fee to apply for approval to serve as a preceptor:
seventy-two dollars ($72).
(t) Fee to petition for reinstatement of a revoked license:
four thousand one hundred eighty-five dollars ($4,185).
(u) Fee to petition for early termination of probation: three thousand one hundred ninety-five dollars ($3,195).
(v) Fee to petition for reduction of penalty: three thousand one hundred ninety-five dollars ($3,195).
SEC. 5.
Section 1007 of the Business and Professions Code is amended to read:1007.
(a) Except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensee’s probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the board’s telephone number, and an explanation of how the patient can find further information on the licensee’s probation on the licensee’s profile page on the board’s online license information internet website, to a patient or the patient’s guardian or health care surrogate before the patient’s first visit following the probationary order while the licensee is on probation pursuant to a probationary order.(b) A licensee required to provide a disclosure pursuant to subdivision (a)
shall obtain from the patient, or the patient’s guardian or health care surrogate, a separate, signed copy of that disclosure.
(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:
(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.
(2) The visit occurs in an emergency room.
(3) The licensee does not have a direct treatment relationship with the patient.
(d) The board shall provide the following information, with respect to
licensees on probation and licensees practicing under probationary licenses, in plain view on the licensee’s profile page on the board’s online license information internet website.
(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.
(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.
(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.
(4) The length of the probation and end date.
(5) All practice restrictions placed on the license by the board.
(e) “Board” for purposes of this section means the State Board of Chiropractic Examiners.
