Bill Text: CA SB467 | 2015-2016 | Regular Session | Amended

California Senate Bill 467 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Professions and vocations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-08 - Chaptered by Secretary of State. Chapter 656, Statutes of 2015. [SB467 Detail]

Download: California-2015-SB467-Amended.html
BILL NUMBER: SB 467	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 29, 2015
	AMENDED IN SENATE  APRIL 21, 2015

INTRODUCED BY   Senator Hill

                        FEBRUARY 25, 2015

   An act to amend Sections 201, 5000, and 5015.6 of, and to add
Sections 312.2, 328, and 5100.5 to, the Business and Professions
Code, relating to professions and vocations.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 467, as amended, Hill. Professions and vocations.
   Existing law provides for the licensure and regulation of various
professions and vocations by boards, bureaus, commissions, divisions,
and other agencies within the Department of Consumer Affairs.
Existing law authorizes the department to levy a pro rata share of
the department's administrative expenses against any of these
constituent agencies at the discretion of the Director of Consumer
Affairs and with the approval of the Department of Finance.
   This bill would eliminate the requirement that the levy described
above be at the discretion of the Director of Consumer Affairs and
with the approval of the Department of Finance, and would instead
require the levy to be approved by the Legislature.
    Existing law requires an agency within the department to
investigate a consumer accusation or complaint against a licensee
and, where appropriate, the agency is authorized to impose
disciplinary action against a licensee. Under existing law, an agency
within the department may refer a complaint to the Attorney General
or Office of Administrative Hearings for further action.
   This bill would require the Attorney General to submit a report to
the department, the Governor, and the appropriate policy committees
of the Legislature, on or before January 1,  2017, 
 2018,  and on or before January 1 of each subsequent year,
that includes specified information regarding the actions taken by
the Attorney General pertaining to  accusations and cases
  accusation matters  relating to consumer
complaints against a person whose profession or vocation is licensed
by an agency within the department.
   Existing law creates the Division of Investigation within the
department and requires investigators who have the authority of peace
officers to be in the division to investigate 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.
   This bill would, in order to implement  specified
complaint prioritization guidelines,   the Consumer
Protection Enforcement Initiative of 2010,  require the Director
of Consumer Affairs, through the Division of Investigation, to
 work cooperatively with the health care boards to
standardize   implement   "Complaint
Prioritization Guidelines   " for boards to utilize in
prioritizing their complaint and investigative workloads and to
determine the  referral of complaints to the division and those
that are retained by the health care boards for investigation.
   Under existing law, the California Board of Accountancy within the
department is responsible for the licensure and regulation of
accountants and is required to designate an execute officer. Existing
law repeals these provisions on January 1, 2016.
   This bill would extend the repeal date to January 1, 2020.
   Existing law authorizes the California Board of Accountancy, after
notice and hearing, to revoke, suspend, or refuse to renew any
permit or certificate, as specified, or to censure the holder of that
permit or certificate for unprofessional conduct.
   This bill would additionally authorize the board, after notice and
hearing, to permanently restrict or limit the practice of a licensee
or impose a probationary term or condition on a licence for
unprofessional conduct. This bill would authorize a licensee to
petition the board for reduction of penalty or reinstatement of the
privilege, as specified, and would provide that failure to comply
with any restriction or limitation imposed by the board is grounds
for revocation of the license.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 201 of the Business and Professions Code is
amended to read:
   201.  (a) (1) A charge for the estimated administrative expenses
of the department, not to exceed the available balance in any
appropriation for any one fiscal year, may be levied in advance on a
pro rata share basis against any of the boards, bureaus, commissions,
divisions, and agencies, with the approval of the Legislature.
   (2) The department shall submit a report of the accounting of the
pro rata calculation of administrative expenses to the appropriate
policy committees of the Legislature on or before July 1, 2015, and
on or before July 1 of each subsequent year.
   (b) The department shall conduct a one-time study of its current
system for prorating administrative expenses to determine if that
system is the most productive, efficient, and cost-effective manner
for the department and the agencies comprising the department. The
study shall include consideration of whether some of the
administrative services offered by the department should be
outsourced or charged on an as-needed basis and whether the agencies
should be permitted to elect not to receive and be charged for
certain administrative services. The department shall include the
findings in its report pursuant to paragraph (2) of subdivision (a)
that it is required to submit on or before July 1, 2015.
  SEC. 2.  Section 312.2 is added to the Business and Professions
Code, to read:
   312.2.  (a) The Attorney General shall submit a report to the
department, the Governor, and the appropriate policy committees of
the Legislature on or before January 1,  2017,  
2018,  and on or before January 1 of each subsequent year that
includes, at a minimum, all of the following for the previous fiscal
 year:   year for each constituent entity within
the department represented by the Licensing Section and Health
Quality Enforcement   Section of the Office of the Attorney
General: 
   (1) The number of  cases   accusation matters
 referred to the  Attorney General by each constituent
entity within the department.   Attorney General. 
   (2) The number of  cases referred by the Attorney General
back to each constituent entity with no further action. 
 accusation matters rejected for filing by the Attorney General.

   (3) The number of  cases rereferred by a constituent
entity to the Attorney General after each constituent entity or the
Division of Investigation completes a supplemental investigation.
  accusation matters for which further investigation was
requested by the Attorney General.  
   (4) The number of accusation matters for which further
investigation was received by the Attorney General.  
   (4) 
    (5)  The number of accusations filed by each constituent
entity. 
   (5) 
    (6)  The number of accusations a constituent entity
withdraws. 
   (7) The number of accusation matters adjudicated by the Attorney
General.  
   (b) The Attorney General shall also report all of the following
for accusation matters adjudicated within the previous fiscal year
for each constituent entity of the department represented by the
Licensing Section and Health Quality Enforcement Section: 

   (6) 
    (1)  The average number of days from the Attorney
General receiving  a case to filing an accusation on behalf
of each   an accusation referral to when an accusation
is filed by the  constituent entity. 
   (7) 
    (2)  The average number of days to prepare an accusation
for a case that is rereferred to the Attorney General after 
a supplemental   further  investigation is
 conducted by staff of   received by the
Attorney General from  a constituent entity or the 
Division of Investigation for each constituent entity.  
Division of Investigation.  
   (8) 
    (3) The average number of days from  an agency 
filing an accusation to  the Attorney General  transmitting
a stipulated settlement  for each   to the
 constituent entity. 
   (9) 
    (4)  The average number of days from  an agency
 filing an accusation to  the Attorney General 
transmitting a default decision  for each   to
the  constituent entity. 
   (10) 
    (5)  The average number of days from  an agency
 filing an accusation to  scheduling a hearing for each
constituent entity.   the Attorney General requesting a
hearing date from the Office of Administrative Hearings. 

   (11)
    (6)  The average number of days from  scheduling
a hearing to conducting a hearing for each constituent entity.
  the Attorney General's receipt of a hearing date from
the Office of Administrative Hearings to the commencement of a
hearing.  
   (b) 
    (c)  A report to be submitted pursuant to subdivision
(a) shall be submitted in compliance with Section 9795 of the
Government Code.
  SEC. 3.  Section 328 is added to the Business and Professions Code,
to read:
   328.  In order to implement the  complaint prioritization
guidelines as described in the memorandum dated August 31, 2009, by
Brian J. Stiger titled "Complaint Prioritization Guidelines for
Health Care Agencies,"   Consumer Protection Enforcement
Initiative of 2010,  the director, through the Division of
Investigation,  shall work cooperatively with the health care
boards to standardize   shall implement  
"Complaint   Prioritization Guidelines   " for
boards to utilize in prioritizing their respective complaint and
investigative workloads. The guidelines shall be used to determine
the  referral of complaints to the division and those that are
retained by the health care boards for investigation.
  SEC. 4.  Section 5000 of the Business and Professions Code is
amended to read:
   5000.  (a) There is in the Department of Consumer Affairs the
California Board of Accountancy, which consists of 15 members, 7 of
whom shall be licensees, and 8 of whom shall be public members who
shall not be licentiates of the board or registered by the board. The
board has the powers and duties conferred by this chapter.
   (b) The Governor shall appoint four of the public members, and the
seven licensee members as provided in this section. The Senate
Committee on Rules and the Speaker of the Assembly shall each appoint
two public members. In appointing the seven licensee members, the
Governor shall appoint individuals representing a cross section of
the accounting profession.
   (c) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
   (d) Notwithstanding any other provision of 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 reports or studies specified in this
chapter and those issues identified by the appropriate policy
committees of the Legislature and the board regarding the
implementation of new licensing requirements.
  SEC. 5.  Section 5015.6 of the Business and Professions Code is
amended to read:
   5015.6.  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, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.
  SEC. 6.  Section 5100.5 is added to the Business and Professions
Code, to read:
   5100.5.  (a) After notice and hearing the board may, for
unprofessional conduct, permanently restrict or limit the practice of
a licensee or impose a probationary term or condition on a license,
which prohibits the licensee from performing or engaging in any of
the acts or services described in Section 5051.
   (b) A licensee may petition the board pursuant to Section 5115 for
reduction of penalty or reinstatement of the privilege to engage in
the service or act restricted or limited by the board.
   (c) The authority or sanctions provided by this section are in
addition to any other civil, criminal, or administrative penalties or
sanctions provided by law, and do not supplant, but are cumulative
to, other disciplinary authority, penalties, or sanctions.
   (d) Failure to comply with any restriction or limitation imposed
by the board pursuant to this section is grounds for revocation of
the license.
   (e) For purposes of this section, both of the following shall
apply:
   (1) "Unprofessional conduct" includes, but is not limited to,
those grounds for discipline or denial listed in Section 5100.
   (2) "Permanently restrict or limit the practice of" includes, but
is not limited to, the prohibition on engaging in or performing any
attestation engagement, audits, or compilations.