Bill Text: CA SB763 | 2015-2016 | Regular Session | Amended

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Bill Title: Medical professionals: probation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From Assembly without further action. [SB763 Detail]

Download: California-2015-SB763-Amended.html

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BILL NUMBER: SB 763	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 19, 2016
	AMENDED IN ASSEMBLY  AUGUST 28, 2015
	AMENDED IN ASSEMBLY  JULY 8, 2015
	AMENDED IN ASSEMBLY  JUNE 19, 2015
	AMENDED IN SENATE  JUNE 2, 2015
	AMENDED IN SENATE  MAY 7, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator  Leno   Hill 

                        FEBRUARY 27, 2015

    An act to add Sections 19095 and 19161.4 to the Business
and Professions Code, relating to home furnishings.   An
act to amend Sections 803.1 and 2027 of, and to add Sections 1006,
3663.5, and 4962 to, the Business and Professions Code, relating to
healing arts. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 763, as amended,  Leno   Hill  .
 Juvenile products: flame retardant chemicals.  
Medical professionals: probation.  
   Existing law, the Medical Practice Act, establishes the Medical
Board of California for the licensing, regulation, and discipline of
physicians and surgeons. Existing law establishes the California
Board of Podiatric Medicine within the Medical Board of California
for the licensing, regulation, and discipline of podiatrists.
Existing law, the Osteopathic Act, enacted by an initiative measure,
establishes the Osteopathic Medical Board of California for the
licensing and regulation of osteopathic physicians and surgeons and
requires the Osteopathic Medical Board of California to enforce the
Medical Practice Act with respect to its licensees. Existing law, the
Naturopathic Doctors Act, establishes the Naturopathic Medicine
Committee in the Osteopathic Medical Board of California for the
licensing and regulation of naturopathic doctors. Existing law, the
Chiropractic Act, enacted by an initiative measure, establishes the
State Board of Chiropractic Examiners for the licensing and
regulation of chiropractors. Existing law, the Acupuncture Licensure
Act, establishes the Acupuncture Board for the licensing and
regulation of acupuncturists. Existing law authorizes each of these
regulatory entities to discipline its licensee by placing her or him
on probation, as specified.  
   Existing law requires the Medical Board of California, the
Osteopathic Medical Board of California, and the California Board of
Podiatric Medicine to disclose to an inquiring member of the public
and to post on their Internet Web sites specified information
concerning each licensee including revocations, suspensions,
probations, or limitations on practice.  
   This bill would require the Medical Board of California, the
Osteopathic Medical Board of California, the California Board of
Podiatric Medicine, the State Board of Chiropractic Examiners, the
Naturopathic Medicine Committee, and the Acupuncture Board by January
1, 2018, to make specified information with respect to licensees on
probation and licensees practicing under a probationary license
available to an inquiring member of the public, on any documents
informing the public of individual probation orders, and in plain
view on the profile Internet Web pages of licensees subject to
probation, as specified.  
   Existing federal law requires the Consumer Product Safety
Commission to institute proceedings for the determination of an
appropriate flammability standard if the commission finds that such a
standard, including labeling, for a mattress, a fabric, related
material, or product, may be needed to protect the public. Existing
federal law authorizes a state to establish a flammability standard
if, among other things, it provides a higher degree of protection
from the risk of fire.  
   Existing state law, the Home Furnishings and Thermal Insulation
Act, provides for the licensure and regulation of upholstered
furniture manufacturers by the Bureau of Electronic and Appliance
Repair, Home Furnishings, and Thermal Insulation. Existing state law
requires every upholstered-furniture manufacturer to hold a furniture
and bedding manufacturer's license. Existing state law also requires
every upholstered-furniture retailer to hold a retail furniture
dealer's license. A violation of the act is a crime. 

   Existing state law requires upholstered furniture and bedding to
contain a specified label that is securely fastened in a manner
approved by the bureau in an area open to visible view. Existing
state law establishes a standard to produce upholstered furniture
which is safer from the hazards associated with smoldering ignition.
The standard provides methods for smolder resistance of cover
fabrics, barrier materials, resilient filling materials, and decking
materials for use in upholstered furniture.  
   This bill would require a manufacturer of juvenile products, as
defined, that sells juvenile products that contain added flame
retardant chemicals, as defined, in California, to include a
specified statement on a label, that meets certain labeling
requirements.  
   The bill would require the manufacturer of the juvenile product to
retain sufficient documentation to show whether flame retardant
chemicals were added to a juvenile product or component. The bill
would provide that a written statement by the supplier of each
component attesting that flame retardant chemicals were added or not
added is sufficient to make this showing. The bill would require the
bureau to assess a fine for a violation of the documentation
requirement or for failure to provide, upon request, the required
documentation to the bureau, as specified.  
   The bill would require a manufacturer of a juvenile product sold
in California, upon request, to provide to the bureau, within 30 days
of the request, documentation establishing the accuracy of the flame
retardant chemical statement on the label. The bill would require
the bureau to provide the Department of Toxic Substances Control with
samples of the juvenile product or components thereof sold in
California from products that are not labeled as containing added
flame retardant chemicals for testing for the presence of added flame
retardant chemicals, as specified. If the department's testing shows
that a juvenile product that is not labeled as containing added
flame retardant chemicals is mislabeled because it contains added
flame retardant chemicals, the bill would authorize the bureau to
assess fines for violations against manufacturers of the juvenile
product and component manufacturers, as specified.  

   The bill would require the bureau to make information about any
determination issued pursuant to its provisions available to the
public on its Internet Web site. The bill would also make it the duty
of the bureau to receive consumer complaints.  
   The bill would authorize the bureau to adopt regulations to carry
out these provisions. The bill would provide that these provisions
would apply to juvenile products manufactured on and after July 1,
2016, for retail sale in the state.  
   Because a violation of the bill's requirements would be a crime,
the bill would impose a state-mandated local program. 

   The Home Furnishings and Thermal Insulation Act requires that all
mattresses and mattress sets manufactured for sale in this state, and
all seating furniture sold or offered for sale for use in this
state, be fire retardant, as defined. Existing law requires that all
bedding products, other than mattresses and mattress sets, that the
bureau determines to contribute to mattress bedding fires comply with
specified regulations adopted by the bureau.  
   Existing law authorizes the chief of the bureau, subject to
specified approval, to exempt items of upholstered furniture that are
not deemed to be a serious fire hazard from these fire retardant
requirements. Existing regulation exempts from these fire retardant
requirements specified articles of upholstered furniture that include
bassinets, booster seats, and car seats that are not used for, or
in, facilities designed for the care or treatment of humans.
 
   This bill would exempt from the aforementioned fire retardant
requirements under the act specified articles of juvenile products,
as provided.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


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

   SECTION 1.    Section 803.1 of the  
Business and Professions Code  is amended to read: 
   803.1.  (a) Notwithstanding any other  provision of
 law, the Medical Board of California, the Osteopathic
Medical Board of California, the California Board of Podiatric
Medicine, and the Physician Assistant Board shall disclose to an
inquiring member of the public information regarding any enforcement
actions taken against a licensee, including a former licensee, by the
board or by another state or jurisdiction, including all of the
following:
   (1) Temporary restraining orders issued.
   (2) Interim suspension orders issued.
   (3) Revocations, suspensions, probations, or limitations on
practice ordered by the board, including those made part of a
probationary order or stipulated agreement.
   (4) Public letters of reprimand issued.
   (5) Infractions, citations, or fines imposed.
   (b) Notwithstanding any other  provision of  law,
in addition to the information provided in subdivision (a), the
Medical Board of California, the Osteopathic Medical Board of
California, the California Board of Podiatric Medicine, and the
Physician Assistant Board shall disclose to an inquiring member of
the public all of the following:
   (1) Civil judgments in any amount, whether or not vacated by a
settlement after entry of the judgment, that were not reversed on
appeal and arbitration awards in any amount of a claim or action for
damages for death or personal injury caused by the physician and
surgeon's negligence, error, or omission in practice, or by his or
her rendering of unauthorized professional services.
   (2) (A) All settlements in the possession, custody, or control of
the board shall be disclosed for a licensee in the low-risk category
if there are three or more settlements for that licensee within the
last 10 years, except for settlements by a licensee regardless of the
amount paid where (i) the settlement is made as a part of the
settlement of a class claim, (ii) the licensee paid in settlement of
the class claim the same amount as the other licensees in the same
class or similarly situated licensees in the same class, and (iii)
the settlement was paid in the context of a case where the complaint
that alleged class liability on behalf of the licensee also alleged a
products liability class action cause of action. All settlements in
the possession, custody, or control of the board shall be disclosed
for a licensee in the high-risk category if there are four or more
settlements for that licensee within the last 10 years except for
settlements by a licensee regardless of the amount paid where (i) the
settlement is made as a part of the settlement of a class claim,
(ii) the licensee paid in settlement of the class claim the same
amount as the other licensees in the same class or similarly situated
licensees in the same class, and (iii) the settlement was paid in
the context of a case where the complaint that alleged class
liability on behalf of the licensee also alleged a products liability
class action cause of action. Classification of a licensee in either
a "high-risk category" or a "low-risk category" depends upon the
specialty or subspecialty practiced by the licensee and the
designation assigned to that specialty or subspecialty by the Medical
Board of California, as described in subdivision (f). For the
purposes of this paragraph, "settlement" means a settlement of an
action described in paragraph (1) entered into by the licensee on or
after January 1, 2003, in an amount of thirty thousand dollars
($30,000) or more.
   (B) The board shall not disclose the actual dollar amount of a
settlement but shall put the number and amount of the settlement in
context by doing the following:
   (i) Comparing the settlement amount to the experience of other
licensees within the same specialty or subspecialty, indicating if it
is below average, average, or above average for the most recent
10-year period.
   (ii) Reporting the number of years the licensee has been in
practice.
   (iii) Reporting the total number of licensees in that specialty or
subspecialty, the number of those who have entered into a settlement
agreement, and the percentage that number represents of the total
number of licensees in the specialty or subspecialty.
   (3) Current American Board of Medical Specialties certification or
board equivalent as certified by the Medical Board of California,
the Osteopathic Medical Board of California, or the California Board
of Podiatric Medicine.
   (4) Approved postgraduate training.
   (5) Status of the license of a licensee. By January 1, 2004, the
Medical Board of California, the Osteopathic Medical Board of
California, and the California Board of Podiatric Medicine shall
adopt regulations defining the status of a licensee. The board shall
employ this definition when disclosing the status of a licensee
pursuant to Section 2027.  By January 1, 2018, the Medical Board
of California, the Osteopathic Medical Board of California, and the
California Board of Podiatric Medicine shall include the information
described in paragraph (1) of subdivision (i). 
   (6) Any summaries of hospital disciplinary actions that result in
the termination or revocation of a licensee's staff privileges for
medical disciplinary cause or reason, unless a court finds, in a
final judgment, that the peer review resulting in the disciplinary
action was conducted in bad faith and the licensee notifies the board
of that finding. In addition, any exculpatory or explanatory
statements submitted by the licentiate electronically pursuant to
subdivision (f) of that section shall be disclosed. For purposes of
this paragraph, "peer review" has the same meaning as defined in
Section 805.
   (c) Notwithstanding any other  provision of  law,
the Medical Board of California, the Osteopathic Medical Board of
California, the California Board of Podiatric Medicine, and the
Physician Assistant Board shall disclose to an inquiring member of
the public information received regarding felony convictions of a
physician and surgeon or doctor of podiatric medicine.
   (d) The Medical Board of California, the Osteopathic Medical Board
of California, the California Board of Podiatric Medicine, and the
Physician Assistant Board may formulate appropriate disclaimers or
explanatory statements to be included with any information released,
and may by regulation establish categories of information that need
not be disclosed to an inquiring member of the public because that
information is unreliable or not sufficiently related to the licensee'
s professional practice. The Medical Board of California, the
Osteopathic Medical Board of California, the California Board of
Podiatric Medicine, and the Physician Assistant Board shall include
the following statement when disclosing information concerning a
settlement:

   "Some studies have shown that there is no significant correlation
between malpractice history and a doctor's competence. At the same
time, the State of California believes that consumers should have
access to malpractice information. In these profiles, the State of
California has given you information about both the malpractice
settlement history for the doctor's specialty and the doctor's
history of settlement payments only if in the last 10 years, the
doctor, if in a low-risk specialty, has three or more settlements or
the doctor, if in a high-risk specialty, has four or more
settlements. The State of California has excluded some class action
lawsuits because those cases are commonly related to systems issues
such as product liability, rather than questions of individual
professional competence and because they are brought on a class basis
where the economic incentive for settlement is great. The State of
California has placed payment amounts into three statistical
categories: below average, average, and above average compared to
others in the doctor's specialty. To make the best health care
decisions, you should view this information in perspective. You could
miss an opportunity for high-quality care by selecting a doctor
based solely on malpractice history.
   When considering malpractice data, please keep in mind:
   Malpractice histories tend to vary by specialty. Some specialties
are more likely than others to be the subject of litigation. This
report compares doctors only to the members of their specialty, not
to all doctors, in order to make an individual doctor's history more
meaningful.
   This report reflects data only for settlements made on or after
January 1, 2003. Moreover, it includes information concerning those
settlements for a 10-year period only. Therefore, you should know
that a doctor may have made settlements in the 10 years immediately
preceding January 1, 2003, that are not included in this report.
After January 1, 2013, for doctors practicing less than 10 years, the
data covers their total years of practice. You should take into
account the effective date of settlement disclosure as well as how
long the doctor has been in practice when considering malpractice
averages.
   The incident causing the malpractice claim may have happened years
before a payment is finally made. Sometimes, it takes a long time
for a malpractice lawsuit to settle. Some doctors work primarily with
high-risk patients. These doctors may have malpractice settlement
histories that are higher than average because they specialize in
cases or patients who are at very high risk for problems.
   Settlement of a claim may occur for a variety of reasons that do
not necessarily reflect negatively on the professional competence or
conduct of the doctor. A payment in settlement of a medical
malpractice action or claim should not be construed as creating a
presumption that medical malpractice has occurred.
   You may wish to discuss information in this report and the general
issue of malpractice with your doctor."

   (e) The Medical Board of California, the Osteopathic Medical Board
of California, the California Board of Podiatric Medicine, and the
Physician Assistant Board shall, by regulation, develop standard
terminology that accurately describes the different types of
disciplinary filings and actions to take against a licensee as
described in paragraphs (1) to (5), inclusive, of subdivision (a). In
providing the public with information about a licensee via the
Internet pursuant to Section 2027, the Medical Board of California,
the Osteopathic Medical Board of California, the California Board of
Podiatric Medicine, and the Physician Assistant Board shall not use
the terms "enforcement," "discipline," or similar language implying a
sanction unless the physician and surgeon has been the subject of
one of the actions described in paragraphs (1) to (5), inclusive, of
subdivision (a).
   (f) The Medical Board of California shall adopt regulations no
later than July 1, 2003, designating each specialty and subspecialty
practice area as either high risk or low risk. In promulgating these
regulations, the board shall consult with commercial underwriters of
medical malpractice insurance companies, health care systems that
self-insure physicians and surgeons, and representatives of the
California medical specialty societies. The board shall utilize the
carriers' statewide data to establish the two risk categories and the
averages required by subparagraph (B) of paragraph (2) of
subdivision (b). Prior to issuing regulations, the board shall
convene public meetings with the medical malpractice carriers,
self-insurers, and specialty representatives.
   (g) The Medical Board of California, the Osteopathic Medical Board
of California, the California Board of Podiatric Medicine,  and
 the Physician Assistant Board shall provide each licensee,
including a former licensee under subdivision (a), with a copy of the
text of any proposed public disclosure authorized by this section
prior to release of the disclosure to the public. The licensee shall
have 10 working days from the date the board provides the copy of the
proposed public disclosure to propose corrections of factual
inaccuracies. Nothing in this section shall prevent the board from
disclosing information to the public prior to the expiration of the
10-day period.
   (h) Pursuant to subparagraph (A) of paragraph (2) of subdivision
(b), the specialty or subspecialty information required by this
section shall group physicians by specialty board recognized pursuant
to paragraph (5) of subdivision (h) of Section 651 unless a
different grouping would be more valid and the board, in its
statement of reasons for its regulations, explains why the validity
of the grouping would be more valid. 
   (i) (1) By January 1, 2018, the Medical Board of California, the
Osteopathic Medical Board of California, and the California Board of
Podiatric Medicine shall make the following information, with respect
to licensees on probation and licensees practicing under a
probationary license, available to the public as specified in this
subdivision, paragraph (5) of subdivision (b) of this section, and
clause (ii) of subparagraph (C) of paragraph (3) of subdivision (a)
of Section 2027:  
   (A) 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. The information shall include a statement that acceptance of
the settlement is not an admission of guilt unless the licensee has
expressly admitted guilt and that all allegations not expressly
admitted to remain unproven.  
   (B) For probation imposed by an adjudicated decision of the board,
the causes for probation stated in the final probationary order.
 
   (C) For licensees granted a probationary license, the causes by
which a probationary license was imposed.  
   (D) The length of the probation and the end date.  
   (E) All practice restrictions placed on the licensee by the board.
 
   (2) By January 1, 2018, the Medical Board of California, the
Osteopathic Medical Board of California, and the California Board of
Podiatric Medicine shall include the information listed in paragraph
(1) on any board documents informing the public of individual
probation orders and probationary licenses, including, but not
limited to, newsletters. 
   SEC. 2.    Section 1006 is added to the  
Business and Professions Code   , to read:  
   1006.  (a) By January 1, 2018, the board shall make the following
information, with respect to licensees on probation and licensees
practicing under a probationary license, available to the public as
specified in subdivision (b):
   (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. The information shall include a statement that acceptance of
the settlement is not an admission of guilt unless the licensee has
expressly admitted guilt and that all allegations not expressly
admitted to remain unproven.
   (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 the end date.
   (5) All practice restrictions placed on the licensee by the board.

   (b) By January 1, 2018, the board shall provide the information
listed in subdivision (a) as follows:
   (1) To an inquiring member of the public.
   (2) On any board documents informing the public of individual
probation orders and probationary licenses, including, but not
limited to, newsletters.
   (3) In plain view on the licensee's profile page on the board's
Internet Web site. 
   SEC. 3.    Section 2027 of the   Business
and Professions Code   is amended to read: 
   2027.  (a) The board shall post on its Internet Web site the
following information on the current status of the license for all
current and former licensees:
   (1) Whether or not the licensee is presently in good standing.
   (2) Current American Board of Medical Specialties certification or
board equivalent as certified by the board.
   (3) Any of the following enforcement actions or proceedings to
which the licensee is actively subjected:
   (A) Temporary restraining orders.
   (B) Interim suspension orders.
   (C)  (i)    Revocations, suspensions,
probations, or limitations on practice ordered by the board or the
board of another state or jurisdiction, including those made part of
a probationary order or stipulated agreement. 
   (ii) By January 1, 2018, the board, the Osteopathic Medical Board
of California, and the California Board of Podiatric Medicine shall
include, in plain view on the BreEZe profile Internet Web page of
each licensee subject to probation or a probationary license, the
information described in paragraph (1) of subdivision (i) of Section
803.1. For purposes of this clause, a BreEZe profile Internet Web
page is a profile Internet Web page on the BreEZe system pursuant to
Section 210. 
   (D) Current accusations filed by the Attorney General, including
those accusations that are on appeal. For purposes of this paragraph,
"current accusation" means an accusation that has not been
dismissed, withdrawn, or settled, and has not been finally decided
upon by an administrative law judge and the board unless an appeal of
that decision is pending.
   (E) Citations issued that have not been resolved or appealed
within 30 days.
   (b) The board shall post on its Internet Web site all of the
following historical information in its possession, custody, or
control regarding all current and former licensees:
   (1) Approved postgraduate training.
   (2) Any final revocations and suspensions, or other equivalent
actions, taken against the licensee by the board or the board of
another state or jurisdiction or the surrender of a license by the
licensee in relation to a disciplinary action or investigation,
including the operative accusation resulting in the license surrender
or discipline by the board.
   (3) Probation or other equivalent action ordered by the board, or
the board of another state or jurisdiction, completed or terminated,
including the operative accusation resulting in the discipline by the
board.
   (4) Any felony convictions. Upon receipt of a certified copy of an
expungement order granted pursuant to Section 1203.4 of the Penal
Code from a licensee, the board shall, within six months of receipt
of the expungement order, post notification of the expungement order
and the date thereof on its Internet Web site.
   (5) Misdemeanor convictions resulting in a disciplinary action or
accusation that is not subsequently withdrawn or dismissed. Upon
receipt of a certified copy of an expungement order granted pursuant
to Section 1203.4 of the Penal Code from a licensee, the board shall,
within six months of receipt of the expungement order, post
notification of the expungement order and the date thereof on its
Internet Web site.
   (6) Civil judgments issued in any amount, whether or not vacated
by a settlement after entry of the judgment, that were not reversed
on appeal, and arbitration awards issued in any amount, for a claim
or action for damages for death or personal injury caused by the
physician and surgeon's negligence, error, or omission in practice,
or by his or her rendering of unauthorized professional services.
   (7) Except as provided in subparagraphs (A) and (B), a summary of
any final hospital disciplinary actions that resulted in the
termination or revocation of a  licensee's  
licensee's  hospital staff privileges for a medical disciplinary
cause or reason. The posting shall provide any additional
explanatory or exculpatory information submitted by the licensee
pursuant to subdivision (f) of Section 805. The board shall also post
on its Internet Web site a factsheet that explains and provides
information on the reporting requirements under Section 805.
   (A) If a licensee's hospital staff privileges are restored and the
licensee notifies the board of the restoration, the information
pertaining to the termination or revocation of those privileges shall
remain posted on the Internet Web site for a period of 10 years from
the restoration date of the privileges, and at the end of that
period shall be removed.
   (B) If a court finds, in a final judgment, that peer review
resulting in a hospital disciplinary action was conducted in bad
faith and the licensee notifies the board of that finding, the
information concerning that hospital disciplinary action posted on
the Internet Web site shall be immediately removed. For purposes of
this subparagraph, "peer review" has the same meaning as defined in
Section 805.
   (8) Public letters of reprimand issued within the past 10 years by
the board or the board of another state or jurisdiction, including
the operative accusation, if any, resulting in discipline by the
board.
   (9) Citations issued within the last three years that have been
resolved by payment of the administrative fine or compliance with the
order of abatement.
   (10) All settlements within the last five years in the possession,
custody, or control of the board shall be disclosed for a licensee
in the low-risk category if there are three or more settlements for
that licensee within the last five years, and for a licensee in the
high-risk category if there are four or more settlements for that
licensee within the last five years. Classification of a licensee in
either a "high-risk category" or a "low-risk" category depends upon
the specialty or subspecialty practiced by the licensee and the
designation assigned to that specialty or subspecialty by the board
pursuant to subdivision (f) of Section 803.1.
   (A) For the purposes of this paragraph, "settlement" means a
settlement in an amount of thirty thousand dollars ($30,000) or more
of any claim or action for damages for death or personal injury
caused by the physician and surgeon's negligence, error, or omission
in practice, or by his or her rendering of unauthorized professional
services.
   (B) For the purposes of this paragraph, "settlement" does not
include a settlement by a licensee, regardless of the amount paid,
when (i) the settlement is made as a part of the settlement of a
class claim, (ii) the amount paid in settlement of the class claim is
the same amount paid by the other licensees in the same class or
similarly situated licensees in the same class, and (iii) the
settlement was paid in the context of a case for which the complaint
that alleged class liability on behalf of the licensee also alleged a
products liability class action cause of action.
   (C) The board shall not disclose the actual dollar amount of a
settlement, but shall disclose settlement information in the same
manner and with the same disclosures required under subparagraph (B)
of paragraph (2) of subdivision (b) of Section 803.1.
   (11) Appropriate disclaimers and explanatory statements to
accompany the information described in paragraphs (1) to (10),
inclusive, including an explanation of what types of information are
not disclosed. These disclaimers and statements shall be developed by
the board and shall be adopted by regulation.
   (c) The board shall provide links to other Internet Web sites that
provide information on board certifications that meet the
requirements of subdivision (h) of Section 651. The board may also
provide links to any other Internet Web sites that provide
information on the affiliations of licensed physicians and surgeons.
The board may provide links to other Internet Web sites on the
Internet that provide information on health care service plans,
health insurers, hospitals, or other facilities.
   SEC. 4.    Section 3663.5 is added to the  
Business and Professions Code   , to read:  
   3663.5.  (a) By January 1, 2018, the committee shall make the
following information, with respect to naturopathic doctors on
probation and naturopathic doctors practicing under a probationary
license, available to the public as specified in subdivision (b):
   (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 naturopathic doctor has
expressly admitted guilt. The information shall include a statement
that acceptance of the settlement is not an admission of guilt unless
the naturopathic doctor has expressly admitted guilt and that all
allegations not expressly admitted to remain unproven.
   (2) For probation imposed by an adjudicated decision of the
committee, the causes for probation stated in the final probationary
order.
   (3) For a naturopathic doctor granted a probationary license, the
causes by which the probationary license was imposed.
   (4) The length of the probation and the end date.
   (5) All practice restrictions placed on the naturopathic doctor by
the committee.
   (b) By January 1, 2018, the committee shall provide the
information listed in subdivision (a) as follows:
   (1) To an inquiring member of the public.
   (2) On any committee documents informing the public of individual
probation orders and probationary licenses, including, but not
limited to, newsletters.
   (3) In plain view on the BreEZe profile Internet Web page of a
naturopathic doctor subject to probation or a probationary license.

   SEC. 5.    Section 4962 is added to the  
Business and Professions Code   , to read:  
   4962.  (a) By January 1, 2018, the board shall make the following
information, with respect to licensees on probation and licensees
practicing under a probationary license, available to the public as
specified in subdivision (b):

   (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. The information shall include a statement that acceptance of
the settlement is not an admission of guilt unless the licensee has
expressly admitted guilt and that all allegations not expressly
admitted to remain unproven.
   (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 the end date.
   (5) All practice restrictions placed on the licensee by the board.

   (b) By January 1, 2018, the board shall provide the information
listed in subdivision (a) as follows:
   (1) To an inquiring member of the public.
   (2) On any board documents informing the public of individual
probation orders and probationary licenses, including, but not
limited to, newsletters.
   (3) Upon availability of a licensee's BreEZe profile Internet Web
page on the BreEZe system pursuant to Section 210, in plain view on
the BreEZe profile Internet Web page of a licensee subject to
probation or a probationary license.  
  SECTION 1.    Section 19095 is added to the
Business and Professions Code, to read:
   19095.  (a) For the purposes of this section, the following
definitions shall apply:
   (1) "Component" means the separate constituent parts of juvenile
products sold in California, specifically cover fabrics, barrier
materials, resilient filling materials, and plastic parts.
   (2) "Juvenile product" means a product subject to the Home
Furnishings and Thermal Insulation Act and intended for use by
infants and children under 12 years of age, such as a bassinet,
booster seat, infant car seat, changing pad, floor play mat,
highchair, highchair pad, infant bouncer, infant carrier, infant
seat, infant swing, infant walker, nursing pad, nursing pillow,
playpen side pad, playard, portable hook-on chair, stroller, children'
s nap mat, and infant foam crib mattress. Products subject to the
requirements of Section 19094 are not subject to the requirements of
this section. "Juvenile product" does not include products required
to meet federal flammability standards contained in Part 1632 or 1633
of Title 16 of the Code of Federal Regulations.
   (3) "Added flame retardant chemicals" means flame retardant
chemicals that are present in any juvenile product or component
thereof at levels above 1,000 parts per million.
   (4) "Flame retardant chemical" means any chemical or chemical
compound for which a functional use is to resist or inhibit the
spread of fire. Flame retardant chemicals include, but are not
limited to, halogenated, phosphorous-based, nitrogen-based, and
nanoscale flame retardants, flame retardant chemicals listed as
"designated chemicals" pursuant to Section 105440 of the Health and
Safety Code, and any chemical or chemical compound for which "flame
retardant" appears on the substance Safety Data Sheet (SDS) pursuant
to Section 1910.1200(g) of Title 29 of the Code of Federal
Regulations.
   (5) "Chemical" means either of the following:
   (A) An organic or inorganic substance of a particular molecular
identity, including any combination of those substances occurring, in
whole or in part, as a result of a chemical reaction or occurring in
nature, and any element, ion, or uncombined radical, and any
degradate, metabolite, or reaction product of a substance with a
particular molecular identity.
   (B) A chemical ingredient, which means a substance comprising one
or more substances described in subparagraph (A).
   (6) "Molecular identity" means the substance's properties listed
below:
   (A) Agglomeration state.
   (B) Bulk density.
   (C) Chemical composition, including surface coating.
   (D) Crystal structure.
   (E) Dispersibility.
   (F) Molecular structure.
   (G) Particle density.
   (H) Particle size, size distribution, and surface area.
   (I) Physical form and shape, at room temperature and pressure.
   (J) Physicochemical properties.
   (K) Porosity.
   (L) Solubility in water and biologically relevant fluids.
   (M) Surface charge.
   (N) Surface reactivity.
   (7) "Department" means the Department of Toxic Substances Control.

   (8) "Consumer Price Index" means the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor Statistics.
   (b) (1) A manufacturer of juvenile products sold in California
shall include, for juvenile products containing added flame retardant
chemicals, a label in plain view, stating the following:

   "The State of California has determined that this product does not
pose a serious fire hazard. The state has identified many flame
retardant chemicals as being known to, or strongly suspected of,
adversely impacting human health or development.
   The fabric, filling, and plastic parts of this product contain
added flame retardant chemicals."

   (2) The label for juvenile products shall comply with the labeling
requirements of subdivisions (a), (b), and (e) of Section 1126 of
Title 4 of the California Code of Regulations. The type on the label
need not be in all capital letters.
   (c) (1) The manufacturer of the juvenile product sold in
California shall retain documentation to show whether flame retardant
chemicals were added. A written statement by the supplier of each
component of a juvenile product attesting either that flame retardant
chemicals were added or not added shall be sufficient documentation.

   (2) The bureau shall ensure compliance with the labeling and
documentation requirements in this section.
   (3) (A) Upon request, a manufacturer of a juvenile product sold in
California shall provide to the bureau, within 30 days of the
request, documentation establishing the accuracy of the flame
retardant chemical statement on the label required by subdivision (b)
or documentation that the juvenile product does not contain an added
flame retardant.
   (B) The bureau shall assess fines of not less than two thousand
five hundred dollars ($2,500) but not more than fifteen thousand
dollars ($15,000) in accordance with the factors described in
subdivision (d) for the failure of the manufacturer of the juvenile
product to maintain the documentation required by this section, or
for the failure of the manufacturer of the juvenile product to
provide, upon request, the documentation required by this section to
the bureau. These fines shall replace any other fines in this article
for a violation of the documentation requirements of this section.
This subparagraph does not alter or amend any other penalty otherwise
imposed by this article.
   (C) A manufacturer of juvenile products sold in California and
component suppliers shall be jointly and severally liable for
violations of the documentation required in this section.
   (D) (i) The bureau shall provide the Department of Toxic
Substances Control with a selection of samples from juvenile products
that are not labeled as containing added flame retardant chemicals
for testing for the presence of added flame retardant chemicals. The
samples shall be from the components identified in paragraph (1) of
subdivision (a). The bureau shall select samples based on
consultation with the department, taking into account a range of
manufacturers and types of juvenile products. The bureau and the
department shall consult on the tests to be conducted by the
department. The department shall provide the results of any completed
test to the bureau. The bureau shall reimburse the department for
the cost of testing for the presence of added flame retardant
chemicals in juvenile products that are not labeled as containing
added flame retardant chemicals.
   (ii) No later than August 1 of each fiscal year, the bureau shall
assess available resources and determine the number of tests to be
conducted in the corresponding fiscal year, pursuant to this
subparagraph.
   (E) (i) If the department's testing shows that a juvenile product
not labeled as containing added flame retardant chemicals is
mislabeled because it contains added flame retardant chemicals, the
bureau may assess fines for violations against manufacturers of the
juvenile product and component manufacturers to be held jointly and
severally liable for the violation.
   (ii) A fine for a violation of this subparagraph relating to
mislabeling shall be assessed in accordance with the factors
described in subdivision (d) and the following schedule:
   (I) The fine for the first violation shall be not less than one
thousand dollars ($1,000) but not more than two thousand five hundred
dollars ($2,500).
   (II) The fine for the second violation shall be not less than two
thousand five hundred dollars ($2,500) but not more than five
thousand dollars ($5,000).
   (III) The fine for the third violation shall be not less than five
thousand dollars ($5,000) but not more than seven thousand five
hundred dollars ($7,500).
   (IV) The fine for any subsequent violation shall be not less than
seven thousand five hundred dollars ($7,500) but not more than ten
thousand dollars ($10,000).
   (iii) The fines in clause (ii) shall replace any other fines in
this article for a violation of the testing requirements of this
section. This clause does not alter or amend any other penalty
otherwise imposed by this article.
   (iv) If the department's testing shows that a juvenile product
that is not labeled as containing added flame retardant chemicals is
mislabeled because it contains added flame retardant chemicals, in
addition to a fine or any other request, the bureau may request that
the label required by subdivision (b) for juvenile products that
belong to the same stock keeping unit (SKU) currently produced by the
manufacturer be corrected to reflect that flame retardant chemicals
are added to the juvenile product.
   (v) If the department's testing shows that a juvenile product that
is not labeled as containing added flame retardant chemicals is
mislabeled because it contains added flame retardant chemicals, in
addition to a fine or any other request, the bureau may request
additional testing of more products belonging to the same stock
keeping unit (SKU) at the manufacturer's expense to verify the
accuracy of the label required by subdivision (b) for juvenile
products if the manufacturer wishes to retain the "contains NO added
flame retardant chemicals" designation on the label required by
subdivision (b).
   (d) (1) The bureau shall make information about any determination
issued pursuant to this section available to the public on its
Internet Web site.
   (2) In determining the amount of the fine for violations of this
section, the bureau shall consider the following factors:
   (A) The nature and severity of the violation.
   (B) The good or bad faith of the cited person.
   (C) The history of previous violations.
   (D) Evidence that the violation was willful.
   (E) The extent to which the cited person or entity has cooperated
with the bureau.
   (3) (A) The bureau shall adjust all minimum and maximum fines
imposed by this section for inflation every five years.
   (B) The adjustment shall be equivalent to the percentage, if any,
that the Consumer Price Index at the time of adjustment exceeds the
Consumer Price Index at the time this section goes into effect. Any
increase determined under this paragraph shall be rounded as follows:

   (i) In multiples of ten dollars ($10) in the case of penalties
less than or equal to one hundred dollars ($100).
   (ii) In multiples of one hundred dollars ($100) in the case of
penalties greater than one hundred dollars ($100) but less than or
equal to one thousand dollars ($1,000).
   (iii) In multiples of one thousand dollars ($1,000) in the case of
penalties greater than one thousand dollars ($1,000).
   (4) It shall be the duty of the bureau to receive complaints from
consumers concerning juvenile products sold in California.
   (e) The bureau may adopt regulations pursuant to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code) to
carry out this section.
   (f) Electric and electronic units or components, including, but
not limited to, power cords or power supply units, motor assemblies,
Bluetooth modules, vibration units, light and sound units, circuit
boards and wiring, are excluded when determining whether a product
contains added flame retardants for purposes of the labeling
requirements of this section. The chief may, at his or her
discretion, subject to the approval of the director, clarify this
list in regulation.
   (g) This section shall apply to juvenile products manufactured on
and after July 1, 2016, for retail sale in the state. 

  SEC. 2.    Section 19161.4 is added to the
Business and Professions Code, to read:
   19161.4.  The requirements of Section 19161 shall not apply to
juvenile products, as defined in Section 19095.  
  SEC. 3.    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.