Bill Text: CA SB1526 | 2023-2024 | Regular Session | Amended
Bill Title: Consumer affairs.
Spectrum: Committee Bill
Status: (Engrossed) 2024-08-27 - Ordered to third reading. [SB1526 Detail]
Download: California-2023-SB1526-Amended.html
Amended
IN
Assembly
June 11, 2024 |
Amended
IN
Senate
April 17, 2024 |
Introduced by Committee on Business, Professions and Economic Development (Senators Ashby (Chair), Alvarado-Gil, Archuleta, Becker, Dodd, Eggman, Glazer, Menjivar, Nguyen, Niello, Roth, Smallwood-Cuevas, and Wilk) |
March 18, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 144 of the Business and Professions Code is amended to read:144.
(a) Notwithstanding any other law, an agency designated in subdivision (b) shall require an applicant to furnish to the agency a full set of fingerprints for purposes of conducting criminal history record checks. Any agency designated in subdivision (b) may obtain and receive, at its discretion, criminal history information from the Department of Justice and the United States Federal Bureau of Investigation.SEC. 2.
Section 205 of the Business and Professions Code, as amended by Section 1 of Chapter 508 of the Statutes of 2023, is amended to read:205.
(a) There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:SEC. 3.
Section 205 of the Business and Professions Code, as added by Section 2 of Chapter 508 of the Statutes of 2023, is amended to read:205.
(a) There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:SEC. 4.
Section 208 of the Business and Professions Code is amended to read:208.
(a) Beginning April 1, 2023, a Controlled Substance Utilization Review and Evaluation System (CURES) fee of nine dollars ($9) shall be assessed annually on each of the licensees specified in subdivision (b) to pay the reasonable costs associated with operating and maintaining CURES for the purpose of regulating those licensees. The fee assessed pursuant to this subdivision shall be billed and collected by the regulating agency of each licensee at the time of the licensee’s license renewal. If the reasonable regulatory cost of operating and maintaining CURES is less than nine dollars ($9) per licensee, the Department of Consumer Affairs, by regulation, may reduce the fee established by this section to the reasonable regulatory cost.SEC. 5.
Section 1903 of the Business and Professions Code is amended to read:1903.
(a) (1) The dental hygiene board shall consist of nine members as follows:SEC. 6.
Section 1905.2 of the Business and Professions Code is amended to read:1905.2.
Recommendations by the dental hygiene board regarding scope of practice issues, as specified in paragraph (8) of subdivision (a) of Section 1905, shall be approved, modified, or rejected by the dental board within 90 days of submission of the recommendation to the dental board. If the dental board rejects or significantly modifies the intent or scope of the recommendation, the dental hygiene board may request that the dental board provide its reasons in writing for rejecting or significantly modifying the recommendation, which shall be provided by the dental board within 30 days of the request.SEC. 7.
Section 1910.5 of the Business and Professions Code is amended to read:1910.5.
(a) In addition to the duties specified in Section 1910, a registered dental hygienist is authorized to perform the following additional duties, as specified:SEC. 8.
Section 1944 of the Business and Professions Code is amended to read:1944.
(a) The dental hygiene board shall establish by resolution the amount of the fees that relate to the licensing of a registered dental hygienist, a registered dental hygienist in alternative practice, and a registered dental hygienist in extended functions. The fees established by dental hygiene board resolution in effect on June 30, 2009, as they relate to the licensure of registered dental hygienists, registered dental hygienists in alternative practice, and registered dental hygienists in extended functions, shall remain in effect until modified by the dental hygiene board. The fees are subject to the following limitations:SEC. 9.
Section 2538.3 of the Business and Professions Code is amended to read:2538.3.
A person applying for approval as a speech-language pathology assistant shall have graduated from a speech-language pathology assistant associate degree program, or equivalent course of study, approved by the board. A person who has successfully graduated from a board-approved bachelor’s degree program in speech-language pathology or communication disorders shall be deemed to have satisfied an equivalent course of study.SEC. 10.
Section 2538.10 of the Business and Professions Code is amended to read:2538.10.
For the purposes of this article, the following definitions shall apply:SEC. 11.
Section 2538.25 of the Business and Professions Code is amended to read:2538.25.
(a) The board shall prepare, approve, grade, and conduct examinations of applicants for a hearing aid dispenser license. The board may provide that the preparation and grading of the examination be conducted by a competent person or organization other than the board, provided, however, that the board shall establish the guidelines for the examination and shall approve the actual examination.SEC. 12.
Section 2538.27 of the Business and Professions Code is amended to read:2538.27.
(a) An applicant who has fulfilled the requirements of Section 2538.24 and has made application therefor, may have a temporary license issued to them upon satisfactory proof to the board that the applicant holds a hearing aid dispenser license in another state, that the licensee has not been subject to formal disciplinary action by another licensing authority, and that the applicant has been engaged in the fitting and sale of hearing aids for the two years immediately prior to application.SEC. 13.
Section 2539.1 of the Business and Professions Code is amended to read:2539.1.
(a) (1) On and after January 1, 2010, in addition to satisfying the licensure and examination requirements described in Sections 2532, 2532.2, and 2532.25, no licensed audiologist shall sell hearing aids unless they complete an application for a dispensing audiology license, pay all applicable fees, and pass an examination, approved by the board, relating to selling hearing aids.SEC. 14.
Section 2736 of the Business and Professions Code is amended to read:2736.
(a) An applicant for licensure as a registered nurse shall comply with each of the following:SEC. 15.
Section 2761 of the Business and Professions Code is amended to read:2761.
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SEC. 15.SEC. 16.
Section 2816 of the Business and Professions Code is amended to read:2816.
The nonrefundable fee to be paid by a registered nurse for an evaluation of their qualifications to use the title “public health nurse” shall not be more than one thousand dollars ($1,000). The fee to be paid upon the application for renewal of the certificate to practice as a public health nurse shall not be more than five hundred dollars ($500). The penalty fee for failure to renew a certificate to practice as a public health nurse within the prescribed time shall be 50 percent of the renewal fee in effect on the date of renewal of the certificate, but not more than two hundred fifty dollars ($250). All fees payable under this section shall be collected by and paid to the Board of Registered Nursing Fund. It is the intention of the Legislature that the costs of carrying out the purposes of this article shall be covered by the revenue collected pursuant to this section. The board shall refund any registered nurse who paid more than three hundred dollars ($300) for an evaluation of their qualifications to use the title “public health nurse” between April 5, 2018, and December 31, 2018.SEC. 16.SEC. 17.
Section 3503 of the Business and Professions Code is amended to read:3503.
No person other than one who has been licensed to practice as a physician assistant shall practice as a physician assistant or in a similar capacity to a physician and surgeon or podiatrist or hold themselves out as a “physician assistant,” or shall use any other term indicating or implying that they are a physician assistant.SEC. 17.SEC. 18.
Section 3526 of the Business and Professions Code is amended to read:3526.
A person who fails to renew their license or approval within five years after its expiration may not renew it, and it may not be reissued, reinstated, or restored after that time has elapsed, but that person may apply for and obtain a new license or approval if they:SEC. 18.SEC. 19.
Section 3531 of the Business and Professions Code is amended to read:3531.
A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge of a felony or of any offense that is substantially related to the qualifications, functions, or duties of the business or profession to which the license was issued is deemed to be a conviction within the meaning of this chapter. The board may order the license suspended or revoked, or shall decline to issue a license when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing that person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.SEC. 19.SEC. 20.
Section 3534.4 of the Business and Professions Code is amended to read:3534.4.
(a) Criteria for acceptance into the diversion program shall include all of the following:SEC. 20.SEC. 21.
Section 3534.5 of the Business and Professions Code is amended to read:3534.5.
(a) A participant may be terminated from the program for any of the following reasons:SEC. 21.SEC. 22.
Section 3545 of the Business and Professions Code is amended to read:3545.
The income of a physician assistant corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined in Section 13401 of the Corporations Code, shall not in any manner accrue to the benefit of the shareholder or their shares in the physician assistant corporation.SEC. 22.SEC. 23.
Section 3620 of the Business and Professions Code is amended to read:3620.
The board shall enforce and administer this chapter and shall be solely responsible for the implementation of this chapter.SEC. 23.SEC. 24.
Section 3620.1 of the Business and Professions Code is amended to read:3620.1.
Protection of the public shall be the highest priority for the board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.SEC. 24.SEC. 25.
Section 3621.5 of the Business and Professions Code is amended to read:3621.5.
The board shall meet at least two times each calendar year and shall conduct additional meetings in appropriate locations that are necessary to transact its business.SEC. 25.SEC. 26.
Section 3622 of the Business and Professions Code is amended to read:3622.
(a) The board shall adopt regulations in order to carry out the purposes of this chapter.SEC. 26.SEC. 27.
Section 3623 of the Business and Professions Code is amended to read:3623.
(a) The board shall approve a naturopathic medical education program accredited by the Council on Naturopathic Medical Education or an equivalent federally recognized accrediting body for the naturopathic medical profession that has the following minimum requirements:SEC. 27.SEC. 28.
Section 3624 of the Business and Professions Code is amended to read:3624.
(a) The board may grant a certificate of registration to practice naturopathic medicine to a person who does not hold a naturopathic doctor’s license under this chapter and is offered a faculty position by the dean of a naturopathic medical education program approved by the board, if all of the following requirements are met to the satisfaction of the board:SEC. 28.SEC. 29.
Section 3627 of the Business and Professions Code is amended to read:3627.
(a) The board shall establish a naturopathic formulary advisory subcommittee to determine a naturopathic formulary based upon a review of naturopathic medical education and training.SEC. 29.SEC. 30.
Section 3630 of the Business and Professions Code is amended to read:3630.
An applicant for a license as a naturopathic doctor shall file an application with the board on a form provided by the board that shows, to the board’s satisfaction, compliance with all of the following requirements:SEC. 30.SEC. 31.
Section 3633 of the Business and Professions Code is amended to read:3633.
The board may grant a license to an applicant who is licensed and in good standing as a naturopathic doctor in another state, jurisdiction, or territory in the United States, if the applicant has met the requirements of Sections 3630 and 3631.SEC. 31.SEC. 32.
Section 3633.1 of the Business and Professions Code is amended to read:3633.1.
The board may grant a license to an applicant who meets the requirements of Section 3630, but who graduated before 1986, before the Naturopathic Physicians Licensing Examinations, or NPLEX, and passed a state or Canadian Province naturopathic licensing examination. Applications under this section shall be received no later than December 31, 2007.SEC. 32.SEC. 33.
Section 3634 of the Business and Professions Code is amended to read:3634.
A license issued under this chapter shall be subject to renewal biennially, as prescribed by the board, and shall expire unless renewed in that manner. The board may provide by regulation for the late renewal of a license.SEC. 33.SEC. 34.
Section 3636 of the Business and Professions Code is amended to read:3636.
(a) Upon a written request, the board may grant inactive status to a naturopathic doctor who is in good standing and who meets the requirements of Section 462.SEC. 34.SEC. 35.
Section 3640 of the Business and Professions Code is amended to read:3640.
(a) A naturopathic doctor may order and perform physical and laboratory examinations for diagnostic purposes, including, but not limited to, phlebotomy, clinical laboratory tests, speculum examinations, orificial examinations, and physiological function tests.SEC. 35.SEC. 36.
Section 3640.2 of the Business and Professions Code is amended to read:3640.2.
Notwithstanding any other provision of law, a naturopathic assistant may do all of the following:SEC. 36.SEC. 37.
Section 3640.3 of the Business and Professions Code is amended to read:3640.3.
(a) Nothing in this chapter shall be construed as authorizing the licensure of naturopathic assistants. Nothing in this chapter shall be construed as authorizing the administration of local anesthetic agents by a naturopathic assistant. Nothing in this chapter shall be construed as authorizing the California Board of Naturopathic Medicine to adopt any regulations that violate the prohibitions on diagnosis or treatment in Section 2052.SEC. 37.SEC. 38.
Section 3640.5 of the Business and Professions Code is amended to read:3640.5.
Nothing in this chapter or any other law shall be construed to prohibit a naturopathic doctor from furnishing or ordering drugs when all of the following apply:SEC. 38.SEC. 39.
Section 3640.8 of the Business and Professions Code is amended to read:3640.8.
(a) To qualify to administer intravenous (IV) therapy in their practice pursuant to Section 3640.7, a naturopathic doctor shall demonstrate that they have complied with both of the following requirements:SEC. 39.SEC. 40.
Section 3641 of the Business and Professions Code is amended to read:3641.
(a) A naturopathic doctor shall document their observations, diagnosis, and summary of treatment in the patient record. Patient records shall be maintained for a period of not less than seven years following the discharge of the patient. The records of an unemancipated minor shall be maintained until at least one year after the minor has reached 18 years of age or seven years following the discharge of the minor, whichever is longer.SEC. 40.SEC. 41.
Section 3644 of the Business and Professions Code is amended to read:3644.
This chapter does not prevent or restrict the practice, services, or activities of any of the following:SEC. 41.SEC. 42.
Section 3650 of the Business and Professions Code is amended to read:3650.
A naturopathic doctor may perform naturopathic childbirth attendance if they have completed additional training and have been granted a certificate of specialty practice by the board.SEC. 42.SEC. 43.
Section 3651.5 of the Business and Professions Code is amended to read:3651.5.
A naturopathic doctor certified for the specialty practice of naturopathic childbirth attendance shall do both of the following:SEC. 43.SEC. 44.
Section 3652 of the Business and Professions Code is amended to read:3652.
(a) A certificate of specialty practice in naturopathic childbirth attendance shall expire concurrently with the licensee’s naturopathic doctor’s license.SEC. 44.SEC. 45.
Section 3660 of the Business and Professions Code is amended to read:3660.
Except as provided in subdivision (h) of Section 3644, a person shall have a valid, unrevoked, or unsuspended license issued under this chapter to do any of the following:SEC. 45.SEC. 46.
Section 3661 of the Business and Professions Code is amended to read:3661.
A naturopathic doctor who uses the term or designation “Dr.” shall further identify themselves as “Naturopathic Doctor,” “Licensed Naturopathic Doctor,” “Doctor of Naturopathic Medicine,” or “Doctor of Naturopathy” and shall not use any term or designation that would tend to indicate the practice of medicine, other than naturopathic medicine, unless otherwise licensed as a physician and surgeon, osteopathic doctor, or doctor of chiropractic.SEC. 46.SEC. 47.
Section 3663 of the Business and Professions Code is amended to read:3663.
(a) The board shall have the responsibility for reviewing the quality of the practice of naturopathic medicine carried out by persons licensed as naturopathic doctors pursuant to this chapter.SEC. 47.SEC. 48.
Section 3663.5 of the Business and Professions Code is amended to read:3663.5.
(a) On and after July 1, 2019, 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 made on and after July 1, 2019.SEC. 48.SEC. 49.
Section 3670 of the Business and Professions Code is amended to read:3670.
A naturopathic corporation is a corporation that is authorized to render professional services, as defined in Section 13401 of the Corporations Code, if the corporation and its shareholders, officers, directors, and employees rendering professional services who are naturopathic doctors are in compliance with the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), this chapter, and all other statutes and regulations now or hereafter enacted or adopted pertaining to that corporation and the conduct of its affairs. With respect to a naturopathic corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the board.SEC. 49.SEC. 50.
Section 3672 of the Business and Professions Code is amended to read:3672.
The income of a naturopathic corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined in Section 13401 of the Corporations Code, shall not in any manner accrue to the benefit of the shareholder or their shares in the naturopathic corporation.SEC. 50.SEC. 51.
Section 3675 of the Business and Professions Code is amended to read:3675.
The board may adopt and enforce regulations to carry out the purposes and objectives of this article, including, but not limited to, regulations requiring the following:SEC. 51.SEC. 52.
Section 3681 of the Business and Professions Code is amended to read:3681.
All fees collected by the board shall be paid into the State Treasury and shall be credited to the Naturopathic Doctor’s Fund which is hereby created in the State Treasury. The money in the fund shall be available to the board for expenditure for the purposes of this chapter only upon appropriation by the Legislature.SEC. 52.SEC. 53.
Section 3685 of the Business and Professions Code is amended to read:3685.
Notwithstanding any other law, the repeal of this chapter renders the board subject to review by the appropriate policy committees of the Legislature.SEC. 53.SEC. 54.
Section 4175 of the Business and Professions Code is amended to read:4175.
(a) The California State Board of Pharmacy shall promptly forward to the appropriate licensing entity, including the Medical Board of California, the California Veterinary Medical Board, the Dental Board of California, the California State Board of Optometry, the Podiatric Medical Board of California, the Osteopathic Medical Board of California, the Board of Registered Nursing, the California Board of Naturopathic Medicine, or the Physician Assistant Board, all complaints received related to dangerous drugs or dangerous devices dispensed by a prescriber, certified nurse-midwife, nurse practitioner, naturopathic doctor, or physician assistant pursuant to Section 4170.SEC. 54.SEC. 55.
Section 4800 of the Business and Professions Code is amended to read:4800.
(a) There is in the Department of Consumer Affairs a California Veterinary Medical Board in which the administration of this chapter is vested. The board shall consist of the following eight members:SEC. 55.SEC. 56.
Section 4800.1 of the Business and Professions Code is amended to read:4800.1.
Protection of the public shall be the highest priority for the California Veterinary Medical Board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.SEC. 56.SEC. 57.
Section 4809.6 of the Business and Professions Code is amended to read:4809.6.
The enforcement of Sections 4809.5 and 4854 of this chapter is a function exclusively reserved to the California Veterinary Medical Board and the state has preempted and occupied this field of enforcing the cleanliness and sanitary requirements of this chapter.SEC. 57.SEC. 58.
Section 4810 of the Business and Professions Code is amended to read:4810.
As used in this chapter:SEC. 58.SEC. 59.
Section 4811 of the Business and Professions Code is amended to read:4811.
This chapter shall be known and may be cited as the “California Veterinary Medicine Practice Act.”SEC. 59.SEC. 60.
Section 4826.7 of the Business and Professions Code is amended to read:4826.7.
(a) For purposes of this section, “veterinarian” means a California licensed veterinarian.SEC. 60.SEC. 61.
Section 4836.1 of the Business and Professions Code is amended 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 California Veterinary Medical Board.SEC. 61.SEC. 62.
Section 4842.2 of the Business and Professions Code is amended to read:4842.2.
All funds collected by the board under this article shall be deposited in the California Veterinary Medical Board Contingent Fund.SEC. 62.SEC. 63.
Section 4846 of the Business and Professions Code is amended to read:4846.
(a) In order to obtain a license to practice veterinary medicine in California, an individual shall meet the following requirements:SEC. 63.SEC. 64.
Section 4848.1 of the Business and Professions Code is amended to read:4848.1.
(a) A veterinarian engaged in the practice of veterinary medicine, as defined in Section 4826, employed by the University of California and engaged in the performance of duties in connection with the School of Veterinary Medicine or employed by the Western University of Health Sciences and engaged in the performance of duties in connection with the College of Veterinary Medicine shall be issued a university license pursuant to this section or hold a license to practice veterinary medicine in this state.SEC. 64.SEC. 65.
Section 4857 of the Business and Professions Code is amended to read:4857.
(a) A veterinarian licensed under this chapter shall not disclose any information concerning an animal patient receiving veterinary services, the client responsible for the animal patient receiving veterinary services, or the veterinary care provided to an animal patient, except under any one of the following circumstances:SEC. 65.SEC. 66.
Section 4860 of the Business and Professions Code is amended to read:4860.
It is the intent of the Legislature that the board seek ways and means to identify and rehabilitate veterinarians and registered veterinary technicians with impairment due to abuse of dangerous drugs or alcohol, affecting competency so that veterinarians and registered veterinary technicians so afflicted may be treated and returned to the practice of veterinary medicine in a manner that will not endanger the public health and safety.SEC. 66.SEC. 67.
Section 4875 of the Business and Professions Code is amended to read:4875.
The board may revoke or suspend for a certain time the license or registration of any person to practice veterinary medicine or any branch of veterinary medicine in this state after notice and hearing for any of the causes provided in this article. In addition to its authority to suspend or revoke a license or registration, the board shall have the authority to assess a fine not in excess of five thousand dollars ($5,000) against a licensee or registrant for any of the causes specified in Section 4883. A fine may be assessed in lieu of or in addition to a suspension or revocation. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted in that chapter. Notwithstanding Section 4903, all fines collected pursuant to this section shall be deposited to the credit of the California Veterinary Medical Board Contingent Fund.SEC. 67.SEC. 68.
Section 4886 of the Business and Professions Code is amended to read:4886.
In reinstating a license or registration that has been revoked or suspended under Section 4883, the board may impose terms and conditions to be followed by the licensee or registrant after the license or registration has been reinstated. The authority of the board to impose terms and conditions includes, but is not limited to, the following:SEC. 68.SEC. 69.
Section 4903 of the Business and Professions Code is amended to read:4903.
Of all fines or forfeitures of bail in any case where a person is charged with a violation of this chapter, 50 percent shall be paid upon collection by the proper officer of the court to the State Treasurer, to be deposited to the credit of the California Veterinary Medical Board Contingent Fund. The other 50 percent shall be paid as provided by law, for the payment of fines or forfeitures of bail in misdemeanor cases.SEC. 69.SEC. 70.
Section 4904 of the Business and Professions Code is amended to read:4904.
All fees collected on behalf of the board and all receipts of every kind and nature shall be reported each month for the month preceding to the Controller and at the same time the entire amount shall be paid into the State Treasury and shall be credited to the California Veterinary Medical Board Contingent Fund. The California Veterinary Medical Board Contingent Fund shall be available, upon appropriation by the Legislature, for the use of the board.SEC. 70.SEC. 71.
Section 4905 of the Business and Professions Code is amended to read:4905.
The following fees shall be collected by the board and shall be credited to the California Veterinary Medical Board Contingent Fund:SEC. 71.SEC. 72.
Section 4910 of the Business and Professions Code is amended to read:4910.
A veterinary corporation is a corporation that is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as that corporation and its shareholders, officers, directors, and employees rendering professional services who are licensed veterinarians are in compliance with the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), this article, and all other statutes and regulations pertaining to the corporation and the conduct of its affairs. With respect to a veterinary corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the board.SEC. 72.SEC. 73.
Section 4920.2 of the Business and Professions Code is amended to read:4920.2.
Each veterinarian who is licensed in California and engages in the production of animal blood and blood component products solely for use in their own practice or for a community blood bank operating under this article shall meet all of the following conditions:SEC. 73.SEC. 74.
Section 4920.4 of the Business and Professions Code is amended to read:4920.4.
The board may establish a community blood bank registration fee and annual renewal fee to be paid by community blood banks to cover costs associated with oversight and inspection of the premises. The fee shall not exceed the reasonable regulatory costs of administering, implementing, and enforcing this article.SEC. 74.SEC. 75.
Section 4920.8 of the Business and Professions Code is amended to read:4920.8.
A violation of this article by a community blood bank shall constitute a cause for corrective action, suspension, restriction, or the nonrenewal or revocation of a license or registration by the board pursuant to Article 4 (commencing with Section 4875).SEC. 75.SEC. 76.
Section 4980.54 of the Business and Professions Code is amended to read:4980.54.
(a) The Legislature recognizes that the education and experience requirements in this chapter constitute only minimal requirements to ensure that an applicant is prepared and qualified to take the licensure examinations as specified in subdivision (d) of Section 4980.40 and, if an applicant passes those examinations, to begin practice.SEC. 76.SEC. 77.
Section 9884 of the Business and Professions Code is amended to read:9884.
(a) An automotive repair dealer shall pay the fee required by this chapter for each place of business operated by the dealer in this state and shall register with the director upon forms prescribed by the director.SEC. 77.SEC. 78.
Section 17913 of the Business and Professions Code is amended to read:17913.
(a) The fictitious business name statement shall contain all of the information required by this subdivision and shall be substantially in the following form:FICTITIOUS BUSINESS NAME STATEMENT | |
The following person (persons) is (are) doing business as | |
* | |
at ** : | |
*** | |
This business is conducted by **** | |
The registrant commenced to transact business under the fictitious business name or names listed above on | |
***** | |
I declare that all information in this statement is true and correct. (A registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).) | |
Registrant signature | |
Statement filed with the County Clerk of ____ County on |
SEC. 78.SEC. 79.
Section 94816 of the Education Code is amended to read:94816.
“Applicant” means a person, as defined in Section 94855, who has submitted an application to the bureau for an approval to operate or for a renewal of an approval to operate. An approval to operate shall be issued only to an applicant.SEC. 79.SEC. 80.
Section 94850 of the Education Code is amended to read:94850.
“Noninstitutional charges” means charges for an educational program paid directly to an entity other than an institution that are specifically required for participation in an educational program.SEC. 80.SEC. 81.
Section 94856 of the Education Code is amended to read:94856.
“Person in control” means a person who, by the authority or conduct of their position, directs the management of an institution.SEC. 81.SEC. 82.
Section 94876 of the Education Code is amended to read:94876.
(a) The powers and duties set forth in this chapter are vested in the Director of Consumer Affairs, who may delegate them to a bureau chief, subject to this section. The bureau chief shall work in collaboration with the director. The director is responsible for the implementation of this chapter and they shall ensure that the protection of the public is the bureau’s highest priority.SEC. 82.SEC. 83.
Section 94883 of the Education Code is amended to read:94883.
(a) Any individual serving on a visiting committee who provides information to the bureau, or its staff, in the course of evaluating any institution, or who testifies in any administrative hearing arising under this chapter, is entitled to a defense and indemnification in any action arising out of the information or testimony provided as if they were a public employee.SEC. 84.
Section 94897 of the Education Code is amended to read:94897.
An institution shall not do any of the following:(1)A financial report filed with the bureau.
(2)Information or records relating to the student’s eligibility for student financial aid at the institution.
(3)Any other record or document required by this chapter or by the bureau.
SEC. 83.SEC. 85.
Section 94899.5 of the Education Code is amended to read:94899.5.
(a) Institutions that offer short-term programs designed to be completed in one term or four months, whichever is less, may require payment of all tuition and fees on the first day of instruction.SEC. 84.SEC. 86.
Section 94901 of the Education Code is amended to read:94901.
(a) An institution’s recruiters shall be employees.SEC. 85.SEC. 87.
Section 94906 of the Education Code is amended to read:94906.
(a) An enrollment agreement shall be written in language that is easily understood. If English is not the student’s primary language, and the student is unable to understand the terms and conditions of the enrollment agreement, the student shall have the right to obtain a clear explanation of the terms and conditions and all cancellation and refund policies in their primary language.SEC. 88.
Section 94907 of the Education Code is amended to read:94907.
AnSEC. 86.SEC. 89.
Section 94913 of the Education Code is amended to read:94913.
(a) An institution that maintains an internet website shall provide on that internet websiteSEC. 90.
Section 94947 of the Education Code is repealed.(a)Notwithstanding Section 94874.2, an institution described in subdivision (i) of Section 94874 that satisfies all of the following requirements may claim an exemption from this chapter:
(1)The institution has been accredited by an accrediting agency recognized by the United States Department of Education for at least 10 years, and has not been placed on probation or on a greater level than standard monitoring, or sanctioned, by its accrediting agency.
(2)The institution is headquartered in California and has operated continuously in this state for at least 25 years.
(3)The institution is privately held and prior to its current exemption, the institution was granted an approval to operate by the Bureau for Private Postsecondary Education, or its predecessor agency and has experienced no change of ownership since the institution was last approved.
(4)During its existence, the institution has not filed for bankruptcy protection.
(5)The institution maintains an equity ratio composite score of at least 1.5 based on the current financial stability test.
(6)At least 12.5 percent of the institution’s revenues are derived from sources other than financial aid. For purposes of this requirement, financial aid includes all forms of state or federal student assistance, including, but not limited to, financial aid provided to veterans and financial aid through the Cal Grant Program.
(7)The institution’s cohort default rate does not exceed 13 percent for the most recent three years, as published by the United States Department of Education.
(8)The institution has a graduation rate that exceeds 60 percent, as reported to the Integrated Postsecondary Education Data System.
(9)The institution has not been subject to any legal or regulatory actions by a state attorney general for a violation of consumer protection laws that resulted in monetary settlement, fines, or other documented violations.
(10)The institution provides a pro rata refund of unearned institutional charges to students who complete 75 percent or less of the period of attendance.
(11)The institution provides to all students the right to cancel the enrollment agreement and obtain a refund of charges paid through attendance at the second class session, or the 14th day after enrollment, whichever is later.
(12)The institution complies with all other reasonable criteria, necessary to ensure educational quality and protection of veterans, established by the California State Approving Agency for Veterans Education.
(13)The institution verifies its exemption pursuant to Section 94874.7.
(b)An institution exempt from this chapter pursuant to this section may apply to the bureau for an approval to operate pursuant to Section 94874.8.
(c)It is the intent of the Legislature that if the exemption provided in this section is declared by a court to be invalid for any reason, the requirements of this
chapter shall apply to an institution that would otherwise be subject to receive this exemption.