Bill Text: CA SB816 | 2023-2024 | Regular Session | Amended
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) 2023-10-10 - Chaptered by Secretary of State. Chapter 723, Statutes of 2023. [SB816 Detail]
Download: California-2023-SB816-Amended.html
NOYES
Section 5800 of the Business and Professions Code is amended to read:
Section 5801 of the Business and Professions Code is amended to read:
Section 5801.1 of the Business and Professions Code is amended to read:
Section 5802 of the Business and Professions Code is amended to read:
Section 5803 of the Business and Professions Code is amended to read:
Section 5804 of the Business and Professions Code is amended to read:
Section 5805 of the Business and Professions Code is amended to read:
Section 5807 of the Business and Professions Code is amended to read:
Section 5811.1 of the Business and Professions Code is amended and renumbered to read:
Section 5811.1 is added to the Business and Professions Code, to read:
Section 5812 of the Business and Professions Code is amended to read:
Bill Title: Professions and vocations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-10-10 - Chaptered by Secretary of State. Chapter 723, Statutes of 2023. [SB816 Detail]
Download: California-2023-SB816-Amended.html
|
Amended
IN
Senate
April 20, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 816
| Introduced by Senator Roth |
February 17, 2023 |
An act to amend Sections 2881.2, 4531.1, 4836.2, 5800, 5801, 5801.1, 5802, 5803, 5804, 5805, 5807, and 5812 of, and to amend, renumber, and add Section 5811.1 of, the Business and Professions Code, relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
SB 816, as amended, Roth.
Interior designers. Professions and vocations.
(1) Existing law, the Vocational Nursing Practice Act, establishes in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, which is charged with various licensing, regulatory, and disciplinary functions related to vocational nursing. Existing law, effective until January 1, 2025, sets forth an approval process for a vocational nursing school or program and authorizes the board to reduce the continuing approval fees, by no more than 1/2 of the established fee, for a program that experiences a reduction in state funding that directly leads to a reduction in enrollment capacity.
Existing law, the Psychiatric Technicians Law, also grants the board authority to license and regulate psychiatric technicians. That law, effective until January 1, 2025, similarly establishes an approval process for a school or program for psychiatric technicians and authorizes the board to reduce the continuing approval fees, by no more than 1/2 of the established fee, for a program that experiences a reduction in state funding that directly leads to a reduction in enrollment capacity.
This bill would instead authorize the board to reduce the continuing approval fees in the above-described circumstances for a program that experiences a reduction in enrollment capacity that directly leads to a reduction in state funding. The bill would revise related provisions to require the board to require a program to provide documentation
for purposes of issuing the fee reduction.
Existing
(2) Existing law, until January 1, 2027, provides a comprehensive scheme for the certification and regulation of interior designers. Under existing law, a Certified Interior Designer may obtain a stamp from an interior design organization that includes a number that identifies and bears the name of the designer, and that stamp certifies that the Certified Interior Designer has provided the interior design organization with evidence of passage of an interior design
examination and completion of certain interior design education or experience requirements.
This bill would, instead, establish the California Council for Interior Design Certification to carry out duties and responsibilities governing the stamp certification and regulation of interior designers. The bill would authorize the council to issue certifications pursuant to these provisions to applicants who provide satisfactory evidence of compliance with specified education, experience, and examination requirements. The bill would identify the individual as either a “Certified Interior Designer” or “Certified Commercial Interior Designer” if the designer has completed certain additional interior design courses and examination requirements for the commercial designation, as determined by the council.
This bill would authorize the council to adopt bylaws, rules, and procedures and
establish reasonable application fees, renewal fees, and other fees related to the regulatory cost of providing services and carrying out the council’s duties. The bill would make other related and conforming changes to these provisions.
(3) Existing law, the Veterinary Medicine Practice Act, provides for the regulation of the practice of veterinary medicine by the Veterinary Medical Board in the Department of Consumer Affairs. Existing law requires the board to adopt regulations establishing animal health care tasks that may be performed by licensed veterinarians, registered veterinary technicians, or veterinary assistants. Existing law establishes a process by which a veterinary assistant may apply for a controlled substance permit. Existing law prohibits the board from issuing a veterinary assistant controlled substance permit to any
applicant with a state or federal felony controlled substance conviction. Existing law makes it a misdemeanor for any person to violate or aid or abet in the violation of the act.
This bill would delete the prohibition on the board issuing a veterinary assistant controlled substance permit to an applicant with a conviction, as described above. By expanding the application of the act, the violation of which is a crime, the bill would impose a state-mandated local program.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2881.2 of the Business and Professions Code is amended to read:2881.2.
(a) The approval process for a school or program shall be consistent with the following timelines:(1) (A) Upon receipt of a letter of intent to submit an application for approval as a school or program of licensed vocational nursing, the board shall notify the proposed school or program of the steps in the approval process and provide an estimated wait time until active assignment to a nursing education consultant.
(B) Upon active assignment of a nursing education consultant, the school or program shall submit an initial application for approval within 60 days.
(2) (A) Within 30 days of
the date the board receives an initial application for approval, the board shall notify the school or program whether the application is complete.
(B) A notice that an initial application is not complete shall specify what additional documents or payment of fees the school or program is required to submit to the board to make the application complete.
(3) Within 60 days from the date the board notifies the school or program that the initial application is not complete, the school or program shall provide the missing information. If a school or program fails to submit the required information, the board shall take the application out of consideration consistent with subdivision (c) of Section 2881.3. The board may provide a school or program with an additional 30 days to complete its application.
(4) Within six months
of the date the board receives an initial application for approval as a school or program, the board shall approve the school or program, deny approval, or notify the school or program that corrective action is required.
(b) A school or program of vocational nursing seeking approval by the board shall remit to the board for deposit in the Vocational Nursing and Psychiatric Technicians Fund fees in accordance with the following schedule:
(1) The nonrefundable initial application fee shall be in an amount equal to the reasonable costs incurred by the board in reviewing and processing the application up to five thousand dollars ($5,000).
(2) (A) Except as provided in subparagraph (B), the final approval fee shall be in an amount equal to the reasonable costs incurred by the board in the application
approval process up to fifteen thousand dollars ($15,000).
(B) The final approval fee for an applicant program that meets all of the following criteria shall be an amount equal to the reasonable costs incurred by the board in the application approval process up to five thousand dollars ($5,000):
(i) The program is affiliated with an approved school or program that is in good standing.
(ii) The program utilizes the curriculum and policies approved by the board for the approved school or program.
(3) The continuing approval fee shall in be an amount equal to the reasonable costs incurred by the board in providing oversight and review of a school or program up to five thousand dollars ($5,000) once every four years.
(c) If the board makes an initial determination that the cost of providing oversight and review of a school or program under this section is less than the amount of any fees required to be paid by that school or program, the board shall decrease the fees applicable to that institution to an amount that is proportional to the board’s reasonable costs associated with that school or program.
(d) The board may reduce the continuing approval fees, by no more than one-half of the established fee, for a program that experiences a reduction in state funding enrollment capacity that directly leads to a reduction in enrollment capacity.
state funding. The board shall require a program to provide documentation for the purposes of issuing the fee delay. reduction.
(e) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the board shall, without taking any further regulatory action, implement, interpret, or make specific this section by means of provider bulletins or similar instructions until emergency regulations are adopted pursuant to paragraph (2). The board shall provide written notice 30 days prior to the adoption of any instruction under this paragraph and post the notice on its internet website. It is the intent of the Legislature that the board have
temporary authority as necessary to implement program changes until completion of the regulatory process.
(2) The board shall adopt emergency regulations no later than June 30, 2022. The adoption of regulations shall be deemed an emergency and necessary to avoid serious harm to the public peace, health, safety, or general welfare within the meaning of Section 11342.545 of the Government Code, and the board need not make a written finding of emergency as required by Section 11346.1 of the Government Code. Notwithstanding subdivisions (e) and (h) of Section 11346.1 of the Government Code, the board may annually readopt any emergency regulation authorized by this section that is the same as or substantially equivalent to an emergency regulation previously adopted pursuant to this section until January 1, 2024.
(3) The initial adoption of emergency regulations and the readoption of
emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State. The emergency regulations shall remain in effect for no more than one year from the date any regulation became effective as an emergency regulation.
(f) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 2.
Section 4531.1 of the Business and Professions Code is amended to read:4531.1.
(a) The approval process for a school or program shall be consistent with the following timelines:(1) (A) Upon receipt of a letter of intent to submit an application for approval as a school or program for psychiatric technicians, the board shall notify the proposed school or program of the steps in the approval process and provide an estimated wait time until active assignment to a nursing education consultant.
(B) Upon active assignment of a nursing education consultant, the school or program shall submit an initial application for approval within 60 days.
(2) (A) Within 30 days of the
date the board receives an initial application for approval, the board shall notify the school or program whether the application is complete.
(B) A notice that an initial application is not complete shall specify what additional documents or payment of fees the school or program is required to submit to the board to make the application complete.
(3) Within 60 days from the date the board notifies the school or program that the initial application is not complete, the school or program shall provide the missing information. If a school or program fails to submit the required information, the board shall take the application out of consideration consistent with subdivision (c) of Section 4531.2. The board may provide a school or program with an additional 30 days to complete its application.
(4) Within six months of
the date the board receives an initial application for approval as a school or program, the board shall approve the school or program, deny approval, or notify the school or program that corrective action is required.
(b) A school or program for psychiatric technicians seeking approval by the board shall remit to the board for deposit in the Vocational Nursing and Psychiatric Technicians Fund fees in accordance with the following schedule:
(1) The nonrefundable initial application fee shall be in an amount equal to the reasonable costs incurred by the board in reviewing and processing the application up to five thousand dollars ($5,000).
(2) (A) Except as provided in subparagraph (B), final approval fee shall be in an amount equal to the reasonable costs incurred by the board in the application
approval process up to fifteen thousand dollars ($15,000).
(B) The final approval fee for an applicant program that meets the following criteria shall be an amount equal to the reasonable costs incurred by the board in the application approval process up to five thousand dollars ($5,000):
(i) The program is affiliated with an approved school or program that is in good standing.
(ii) The program utilizes the curriculum and policies approved by the board for the approved school or program.
(3) The continuing approval fee shall in be an amount equal to the reasonable costs incurred by the board in providing oversight and review of a school or program up to five thousand dollars ($5,000) once every four years.
(c) If the board makes an initial determination that the cost of providing oversight and review of a school or program under this section is less than the amount of any fees required to be paid by that school or program, the board shall decrease the fees applicable to that institution to an amount that is proportional to the board’s reasonable costs associated with that school or program.
(d) The board may reduce the continuing approval fees, by no more than one-half of the established fee, for a program that experiences a reduction in state funding enrollment capacity that directly leads to a reduction in enrollment capacity.
state funding. The board shall require a program to provide documentation for the purposes of issuing the fee delay. reduction.
(e) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the board shall, without taking any further regulatory action, implement, interpret, or make specific this section by means of provider bulletins or similar instructions until emergency regulations are adopted pursuant to paragraph (2). The board shall provide written notice 30 days prior to the adoption of any instruction under this paragraph and post the notice on its internet website. It is the intent of the Legislature that the board have
temporary authority as necessary to implement program changes until completion of the regulatory process.
(2) The board shall adopt emergency regulations no later than June 30, 2022. The adoption of regulations shall be deemed an emergency and necessary to avoid serious harm to the public peace, health, safety, or general welfare within the meaning of Section 11342.545 of the Government Code, and the board need not make a written finding of emergency as required by Section 11346.1 of the Government Code. Notwithstanding subdivisions (e) and (h) of Section 11346.1 of the Government Code, the board may annually readopt any emergency regulation authorized by this section that is the same as or substantially equivalent to an emergency regulation previously adopted pursuant to this section until January 1, 2024.
(3) The initial adoption of emergency regulations and the readoption of
emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State. The emergency regulations shall remain in effect for no more than one year from the date any regulation became effective as an emergency regulation.
(f) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 3.
Section 4836.2 of the Business and Professions Code is amended to read:4836.2.
(a) Applications for a veterinary assistant controlled substance permit shall be upon a form furnished by the board.(b) The board may suspend or revoke the controlled substance permit of a veterinary assistant after notice and hearing for any cause provided in this subdivision. The proceedings under this section shall be conducted in accordance with the provisions for administrative adjudication in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. The board may deny, revoke, or suspend a veterinary assistant controlled substance permit, or, subject to terms and conditions deemed appropriate by the board, issue a probationary veterinary assistant
controlled substance permit, for any of the following reasons:
(1) The employment of fraud, misrepresentation, or deception in obtaining a veterinary assistant controlled substance permit.
(2) Chronic inebriety or habitual use of controlled substances.
(3) The applicant or permitholder has been convicted of a state or federal felony controlled substance violation.
(4) Violating or attempts to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter, or of the regulations adopted under this chapter.
(5) Conviction of a crime substantially related to the qualifications, functions, or duties of veterinary medicine,
veterinary surgery, or veterinary dentistry, in which case the record of the conviction shall be conclusive evidence.
(c)The board shall not issue a veterinary assistant controlled substance permit to any applicant with a state or federal felony controlled substance conviction.
(d)
(c) (1) As part of the application for a veterinary assistant controlled substance permit, the applicant shall submit to the Department of Justice fingerprint images and related information, as required by the Department of Justice for all veterinary
assistant applicants, for the purposes of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests and information as to the existence and content of a record of state or federal arrests for which the Department of Justice establishes that the person is free on bail or on the person’s own recognizance pending trial or appeal.
(2) When received, the Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information that it receives pursuant to this section. The Department of Justice shall review any information returned to it from the Federal Bureau of Investigation and compile and disseminate a response to the board summarizing that information.
(3) The Department of Justice shall provide a state or federal level response to the board pursuant to
paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.
(4) The Department of Justice shall charge a reasonable fee sufficient to cover the cost of processing the request described in this subdivision.
(e)
(d) The board shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons described in paragraph (1) of subdivision (d). (c).
SECTION 1.SEC. 4.
Section 5800 of the Business and Professions Code is amended to read:5800.
As used in this chapter:(a) “Certified Interior Designer” means a person who prepares and submits nonstructural or nonseismic plans consistent with Sections 5805 and 5538 to local building departments that are of sufficient complexity so as to require the skills of a licensed contractor to implement them, and who engages in programming, planning, designing, and documenting the construction and installation of nonstructural or nonseismic elements, finishes and furnishings within the interior spaces of a building, and has demonstrated by means of education, experience and examination, the competency to protect and enhance the health, safety, and welfare of the public.
(b) An “interior design organization” means the California Council for Interior Design Certification (“council”), a nonprofit organization that is exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code, and consists of Certified Interior Designers whose governing board includes representatives of the public.
SEC. 2.SEC. 5.
Section 5801 of the Business and Professions Code is amended to read:5801.
A Certified Interior Designer may obtain a stamp from the council that shall include a number that uniquely identifies and bears the name of that Certified Interior Designer and identifies the individual as either a Certified Interior Designer or Certified Commercial Interior Designer if the Certified Interior Designer has met the requirements to use the title “Certified Commercial Interior Designer,” pursuant to paragraph (2) of subdivision (a) of Section 5811.1. The stamp certifies that the Certified Interior Designer has provided the council with evidence of meeting the education, experience, and examination requirements pursuant to Section 5811.1.SEC. 3.SEC. 6.
Section 5801.1 of the Business and Professions Code is amended to read:5801.1.
The procedure for the issuance of a stamp by the council under Section 5801, including the examinations recognized and required by the council, shall be subject to the occupational analyses and examination validation required by Section 139 every five to seven years.SEC. 4.SEC. 7.
Section 5802 of the Business and Professions Code is amended to read:5802.
(a) All drawings, specifications, or documents prepared for submission to any government regulatory agency by any Certified Interior Designer, or under their supervision shall be affixed by a stamp, as specified in Section 5801, and signed by that Certified Interior Designer.(b) All documents shall be identified as interior design documents, which are not architectural or engineering documents.
SEC. 5.SEC. 8.
Section 5803 of the Business and Professions Code is amended to read:5803.
A Certified Interior Designer, as defined in this chapter, is exempt from Chapter 9 (commencing with Section 7000) of Division 3 insofar as they are designing systems for work to be performed by a licensed contractor.SEC. 6.SEC. 9.
Section 5804 of the Business and Professions Code is amended to read:5804.
It is an unfair business practice for any Certified Interior Designer or any other person to advertise or put out any sign or card or other device, including any stamp or seal, or to represent to the public through any print or electronic media, that the person is “state certified” to practice interior design, or to use any other words or symbols that represent to the public that the person is so certified.SEC. 7.SEC. 10.
Section 5805 of the Business and Professions Code is amended to read:5805.
Nothing in this chapter shall preclude Certified Interior Designers or any other person from submitting interior design plans for commercial or residential buildings to local building officials, except as provided in Section 5538. In exercising discretion with respect to the acceptance of interior design plans, the local building official shall reference the California Building Standards Code and the occupational title standard set forth in Section 5800.SEC. 8.SEC. 11.
Section 5807 of the Business and Professions Code is amended to read:5807.
(a) A Certified Interior Designer shall use a written contract when contracting to provide interior design services to a client pursuant to this chapter. The written contract shall be executed by the Certified Interior Designer and the client, or the client’s representative, prior to the Certified Interior Designer commencing work. The written contract shall include, but not be limited to, all of the following:(1) A description of the services to be provided to the client by the Certified Interior Designer.
(2) A description of any basis of compensation applicable to the contract and the method of payment agreed
upon by the parties.
(3) The name, address, and certification number of the Certified Interior Designer and the name and address of the client.
(4) A description of the procedure that the Certified Interior Designer and the client will use to accommodate additional services.
(5) A description of the procedure to be used by any party to terminate the contract.
(6) A three-day rescission clause in accordance with Chapter 2 (commencing with Section 1688) of Title 5 of Part 2 of Division 3 of the Civil Code.
(7) A written disclosure stating whether the Certified Interior Designer carries errors
and omissions insurance.
(b) Subdivision (a) shall not apply to any of the following:
(1) Interior design services rendered by a
Certified Interior Designer for which the client will not pay compensation.
(2) Interior design services rendered by a Certified Interior Designer to any of the following:
(A) An architect licensed under Chapter 3 (commencing with Section 5500).
(B) A landscape architect licensed under Chapter 3.5 (commencing with Section 5615).
(C) An engineer licensed under Chapter 7 (commencing with Section 6700).
(c) As used in this section, “written contract” includes a contract in electronic form.
SEC. 9.SEC. 12.
Section 5811.1 of the Business and Professions Code is amended and renumbered to read:5811.
(a) The California Council for Interior Design Certification, as defined in subdivision (b) of Section 5800, is hereby established to carry out the responsibilities and duties set forth in this chapter.(b) The meetings of the council issuing stamps under Section 5801 shall be subject to the rules of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(c) The council may take reasonable actions to carry out its responsibilities and duties, as set forth in this chapter.
(d) The council may adopt bylaws, rules, and procedures necessary to effectuate the purposes of this chapter.
(e) The council may establish application fees, renewal fees, and other fees related to the regulatory costs of providing services and carrying out the council’s responsibilities and duties pursuant to this chapter. These fees shall not exceed the reasonable costs to the council of providing those services and carrying out those responsibilities and duties.
SEC. 10.SEC. 13.
Section 5811.1 is added to the Business and Professions Code, to read:5811.1.
(a) The council may issue a certification to any applicant who provides satisfactory evidence that they meet all of the requirements of this chapter and who complies with the bylaws, rules, and procedures established by the council.(1) In order to obtain a certification, an applicant shall submit an application as provided by the council and provide the council with satisfactory evidence that they meet all of the following requirements:
(A) Passage of an interior design examination approved by the council.
(B) Any of the following education and experience pathways:
(i) The person is a graduate of a four- or five-year accredited interior design degree program, and has two years of diversified interior design experience.
(ii) The person has completed a three-year accredited interior design certificate program, and has completed three years of diversified interior design experience.
(iii) The person has completed a two-year accredited interior design program and has completed four years of diversified interior design experience.
(iv) The person has at least eight years of interior design education, or at least eight years of diversified interior design experience, or a combination of interior design education and diversified interior design experience that together total at least eight years.
(C) All fees required by the council, as described in subdivision (e) of Section 5811, have been paid.
(2) The council may issue a commercial designation to a Certified Interior Designer or qualified applicant who, in addition to the requirements in paragraph (1), passes additional interior design courses and examinations, as determined to be required by the council.
(b) (1)
Any certificate under this chapter shall be subject to renewal every two years in a manner prescribed by the council, and shall expire unless renewed in that manner. The council may provide for the late renewal of a registration.
(2) The council may require Certified Interior Designers to complete continuing education specific to the practice of interior design each two-year certification cycle.
