Bill Text: CA SB821 | 2009-2010 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Consumer affairs: professions and vocations.

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 307, Statutes of 2009. [SB821 Detail]

Download: California-2009-SB821-Enrolled.html

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BILL NUMBER: SB 821	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 2, 2009
	PASSED THE ASSEMBLY  AUGUST 27, 2009
	AMENDED IN ASSEMBLY  AUGUST 17, 2009
	AMENDED IN ASSEMBLY  JULY 6, 2009
	AMENDED IN ASSEMBLY  JUNE 15, 2009
	AMENDED IN SENATE  MAY 20, 2009
	AMENDED IN SENATE  APRIL 30, 2009
	AMENDED IN SENATE  APRIL 16, 2009

INTRODUCED BY   Committee on Business, Professions and Economic
Development (Senators Negrete McLeod (Chair), Aanestad, Corbett,
Correa, Florez, Oropeza, Romero, Walters, Wyland, and Yee)

                        MARCH 10, 2009

   An act to amend Sections 139, 805, 1632.5, 1634.2, 2493, 2530.2,
2532.2, 2532.7, 2570.2, 2570.3, 2570.4, 2570.5, 2570.6, 2570.7,
2570.9, 2570.10, 2570.13, 2570.16, 2570.18, 2570.20, 2570.26,
2570.28, 2571, 2872.2, 3357, 3362, 3366, 3456, 3740, 3750.5, 3773,
4101, 4112, 4113, 4160, 4196, 4200.3, 4200.4, 4510.1, 4933, 4938,
4980.45, 4980.48, 4982, 4982.2, 4989.22, 4989.54, 4992.1, 4992.3,
4996.23, 4996.28, 4996.5, 4999.2, 5016, 5021, 5022, 5023, 5651,
7028.7, 7044, 7159, 7159.5, 7159.14, 7303.2, 7500.1, 7505.5, 7507.9,
7507.12, 7606, 7616, 7641, 7643, 7646, 7647, 7662, 7665, 7666, 7671,
7725.5, 7729, 9884.2, 9889.3, and 10146 of, to add Sections 2532.25,
2570.17, 4013, 4146, 4989.49, 4992.2, 4996.24, 7044.01, and 7507.115
to, to repeal Sections 821.5 and 821.6 of, and to repeal and add
Section 7108.5 of, the Business and Professions Code, to amend
Sections 44014.2, 44017.3, 44072.1, 44072.2, 44095, and 123105 of the
Health and Safety Code, to amend Sections 28, 5201, and 24603 of the
Vehicle Code, and to amend Section 3 of Chapter 294 of the Statutes
of 2004, relating to consumer affairs.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 821, Committee on Business, Professions and Economic
Development. Consumer affairs: professions and vocations.
   (1) Existing law provides for the licensure and regulation of
various professions and vocations by boards and bureaus within the
Department of Consumer Affairs. Existing law requires that certain
examinations for licensure be developed by, or in consultation, with
the Office of Examination Resources in the department, as specified.
   This bill would rename that office the Office of Professional
Examination Services.
    (2) Existing law provides for the professional review of
specified healing arts licentiates through a peer review process, and
requires the peer review body to report to the relevant agency upon
certain circumstances, including circumstances related to an obsolete
diversion program.
   This bill would include within the definition "licentiate" a
holder of a special faculty permit to practice medicine within a
medical school. The bill would also delete the peer review provisions
related to the obsolete diversion program.
    (3) Existing law, the Bagley-Keene Open Meeting Act, requires a
state body, as defined, to provide prescribed notice of its meetings
to any person who requests that notice in writing. Existing law
provides for the licensure and regulation of accountants by the
California Board of Accountancy and requires the executive officer of
the board to give at least 7 days' notice of board meetings.
Existing law authorizes the board to appoint an administrative
committee and an advisory committee for certain purposes and requires
members of the administrative committee to hold office for one year.

   This bill would designate the advisory committee as the
qualifications committee and would require members of that committee
and the administrative committee to hold office for 2 years. The bill
would require notice of each meeting of the board to be given in
accordance with the Bagley-Keene Open Meeting Act.
   (4) Existing law provides for the licensure and regulation of
landscape architects by the California Architects Board. Existing law
requires the board to ascertain the qualifications of applicants for
a license by means of written examination. Under existing law, the
board may waive the written examination for a person licensed out of
state, as specified, if the person has passed an equivalent
examination and a supplemental examination, as specified.
   This bill would also require an out-of-state licensee to submit
proof of job experience equivalent to that required of California
applicants in order to waive the written examination.
   (5) Existing law, the Contractors' State License Law, provides for
the licensure and regulation of contractors by the Contractors'
State License Board. Existing law imposes specified requirements on
home improvement contracts and service and repair contracts and
requires contractors to pay subcontractors within a specified period
of time. Existing law makes it a misdemeanor for a person to engage
in the business or act in the capacity of a contractor without a
license and provides certain exemptions from that licensure
requirement, including exemptions for owner-builders, as specified.
Existing law authorizes the Registrar of Contractors to issue
citations for violations of that licensure requirement, as specified.

   This bill would make various technical, nonsubstantive changes to
those provisions.
   Under existing law, a person who violates the law by engaging in
work as an owner-builder without a contractor's license or an
exemption from licensure is prohibited from obtaining a contractor's
license for a period of one year following the violation.
   This bill would delete that prohibition.
   (6) Existing law provides for the licensure and regulation of
speech-language pathologists and audiologists by the Speech-Language
Pathology and Audiology Board. Existing law provides that an
audiology aide is any person who meets the minimum requirements of
the board and who works directly under the supervision of an
audiologist.
   This bill would prohibit an audiology aide from performing any
function that constitutes the practice of audiology unless he or she
is under the supervision of an audiologist, except if the board
exempts certain functions performed by an industrial audiology aide
and if the employer establishes a set of procedures or protocols.
   Existing law requires an applicant for licensure as an audiologist
to meet specified educational and curriculum standards, including
possession of at least a master's degree in audiology.
   This bill would revise the educational and curriculum standards
for licensure as an audiologist, as specified, and instead require
possession of a doctorate in audiology. The bill would apply those
requirements to applicants who graduate from an approved educational
institution on or after January 1, 2008. The bill would make
conforming changes to provisions related to the issuance of a
required professional experience (RPE) temporary license, as
specified.
   (7) The Occupational Therapy Practice Act provides for the
licensure and regulation of occupational therapists and occupational
therapy assistants. Existing law prohibits an occupational therapy
assistant from supervising an aide engaged in client-related tasks.
Existing law also provides for minimizing the risk of transmission of
blood-borne infectious diseases.
   This bill would authorize occupational therapy assistants to
supervise aides engaged in client-related tasks, and make conforming
changes. The bill would delete obsolete certification terms and
replace them with licensure references. The bill would provide for
minimizing the risk of transmission of infectious diseases.
   Under the Occupational Therapy Practice Act, occupational
therapists and occupational therapy assistants are subject to
licensure and regulation by the California Board of Occupational
Therapy and specified licensure fees, which are deposited into the
Occupational Therapy Fund.
   This bill would require the board to issue retired licenses to
certain occupational therapists or occupational therapy assistants,
as specified, subject to a $25 fee.
   Existing law regulates telephone medical advice services, and
requires all staff who provide medical advice services to be
appropriately licensed, certified, or registered professionals, as
specified.
   This bill would add occupational therapists to the enumerated
professionals authorized to provide telephone medical advice.
   Existing law imposes specified recordkeeping and disclosure
requirements on health care providers, as defined.
   This bill would impose those requirements on occupational
therapists.
   (8) Existing law provides for the licensure and regulation of
vocational nurses and psychiatric technicians by the Board of
Vocational Nursing and Psychiatric Technicians of the State of
California. Existing law provides, upon application, for the issuance
of an interim permit authorizing an applicant to practice vocational
nursing or, in the case of a psychiatric technician, all skills in
his or her basic course of study, pending the results of a licensing
examination.
   This bill would require the application for an interim permit to
be submitted no later than 4 months after completion of a
board-accredited program, and would limit the use of the permit to 9
months pending the results of the first examination, and 6 months
pending the issuance of the initial license, as specified.
   (9) Existing law provides for the licensure and regulation of
hearing aid dispensers by the Hearing Aid Dispensers Bureau, and a
person who violates that law is guilty of a misdemeanor. Existing law
provides for the issuance of a temporary license to an applicant who
has made application for licensure and who proves that he or she
will be supervised and trained by a hearing aid dispenser, pending
approval by the board. A temporary license is effective and valid for
6 months, and may be renewed twice for an additional period of 6
months.
   This bill would allow for the issuance of a new temporary license
if more than 3 years have lapsed from the expiration or cancellation
date of a previous temporary license.
   Existing law requires a person engaging in the practice of fitting
or selling hearing aids to notify the bureau in writing of his or
her business address or addresses or changes in that address or
addresses. Existing law requires a licensee to keep and maintain his
or her business records for a 7-year period.
   This bill would require the written notification to be given to
the bureau within a 30-day period. The bill would also require a
licensee to allow his or her business records, as specified, to be
inspected by the bureau upon reasonable notice. Because a violation
of those provisions would be a crime, the bill would impose a
state-mandated local program.
   Existing law allows the bureau to impose upon licensees specified
licensure fees and penalties, including a fee for a continuing
education course transcript and for a license confirmation letter.
   This bill would delete those transcript and letter fee provisions.

   (10) The Respiratory Care Practice Act provides for the licensure
and regulation of respiratory care practitioners by the Respiratory
Care Board of California. The act authorizes the board to deny,
suspend, or revoke the license of any applicant or licensee who has
committed a specified violation, including obtaining or possessing in
violation of law or, except as directed by a licensed physician and
surgeon, dentist, or podiatrist, furnishing or administering to
himself or herself or another a controlled substance, as defined.
   This bill would clarify that the licensee is prohibited from
obtaining, possessing, using, or administering to himself or herself
in violation of law, or furnishing or administering to another, any
controlled substance, as defined, except as directed by a licensed
physician and surgeon, dentist, podiatrist, or other authorized
health care provider. The bill would also subject to disciplinary
action a licensee who uses alcoholic beverages to an extent that is
injurious to self or others or if it impairs his or her ability to
conduct with safety the practice of respiratory care. For a violation
thereof, the bill would specify that the board is authorized to
place the license of an applicant or licensee on probation. The bill
would also require a renewing applicant for licensure to provide
additional information requested by the board and, if the applicant
fails to provide that information within 30 days of the request, his
or her license would be made inactive until the information is
received.
   (11) The Pharmacy Law provides for the licensure and regulation of
pharmacists and pharmacy establishments by the California State
Board of Pharmacy, and makes a knowing violation of the law a
misdemeanor.
   On and after July 1, 2010, this bill would require any facility
licensed by the board to join the board's e-mail notification list
and make specified e-mail address updates. The bill would also
require nonresident pharmacies to obtain licensure from the board,
and would make certain changes with regard to pharmacists-in-charge
of a pharmacy, representatives-in-charge of the wholesale of any
dangerous drug or device, and representatives-in-charge of veterinary
food-animal drug retailers, and respective notification
requirements. The bill would also allow a pharmacy to accept the
return of needles and syringes from the public if contained in a
sharps container, as defined. Because a knowing violation of those
provisions would be a crime, the bill would impose a state-mandated
local program.
   (12) Existing law provides for the licensure and regulation of
acupuncturists by the Acupuncture Board. Existing law provides that 5
members of the board shall constitute a quorum.
   This bill would provide that 4 members, including at least one
acupuncturist, shall constitute a quorum.
   (13) Existing law provides for the licensure and regulation of
marriage and family therapists by the Board of Behavioral Sciences,
and makes a violation of the law a misdemeanor.
   This bill would delete references to the employment of unlicensed
interns and instead refer to marriage and family therapy interns or
associate clinical social workers, and would apply specified
disciplinary and probationary provisions to registered marriage and
family therapy interns and associate clinical social workers. The
bill would require any person that advertises services performed by a
trainee, as defined, to include the trainee's name and supervisor
information. Because a violation of this requirement would be a
crime, the bill would impose a state-mandated local program. The bill
would additionally modify the disciplinary provisions that apply to
marriage and family therapists, as specified.
   (14) Existing law provides for the regulation of educational
psychologists by the Board of Behavioral Sciences, and makes a
violation of the law a misdemeanor. Existing law sets forth certain
prohibited acts that subject a licensee to disciplinary action.
   This bill would modify the licensure provisions that apply to an
applicant pending investigation of a complaint, and would add to
those prohibited acts provisions related to drug use, telemedicine
consent, subversion of an examination, impersonation, incompetence,
and fraudulent advertising. The bill would define the term
"advertising" for purposes of those provisions.
   (15) Existing law provides for the regulation of clinical social
workers by the Board of Behavioral Sciences. Existing law sets forth
certain prohibited acts that subject a licensee to disciplinary
action.
   This bill would add to those prohibited acts provisions related to
the subversion of an examination, access to certain psychological
tests, and advertising. The bill would define the term "advertising"
for purposes of those provisions. The bill would additionally modify
the licensure provisions that apply to an applicant pending
investigation of a complaint. The bill would modify provisions
related to the supervision and employment of a marriage and family
therapist interns or associate clinical social workers, as specified.

   (16) Existing law appropriates specified sums from the State
Dental Auxiliary Fund to the Committee on Dental Auxiliaries for
operating expenses necessary to manage the dental hygiene licensing
examination. Existing law requires the Dental Hygiene Committee of
California to administer the dental hygiene licensing examination.
Existing law also provides that on and after July 1, 2009, specified
moneys are to be transferred from the State Dental Auxiliary Fund to
the State Dental Hygiene Fund for purposes of carrying out certain
provisions of the Dental Practice Act, including the payment of any
encumbrances, related to dental hygienists, dental hygienists in
alternative practice, and dental hygienists in extended functions.
   This bill would specify that the moneys for operating the dental
hygiene licensing examination are to be transferred to the Dental
Hygiene Committee of California from the State Dental Hygiene Fund.
   (17) Existing law, the Collateral Recovery Act, provides for the
licensure and regulation of repossession agencies by the Bureau of
Security and Investigative Services under the supervision and control
of the Director of Consumer Affairs. The act defines "collateral" as
any vehicle, boat, recreational vehicle, motor home, appliance, or
other property that is subject to a security agreement. Under the
act, a person may be actively in charge of only one repossession
office at a time. A violation of the act is a misdemeanor.
   This bill would specify that the act also applies to trailers and
would authorize a person to be actively in charge of 2 repossession
offices at a time. The bill would prohibit a licensee from appraising
the value of any collateral. Because a violation of that prohibition
would be a crime, the bill would impose a state-mandated local
program.
   (18) Existing law sets forth a procedure for the removal,
inventory, and storage of personal effects from repossessed
collateral. Existing law allows a debtor to waive the preparation and
presentation of an inventory in certain circumstances and authorizes
a repossession agency to release those personal effects to someone
other than the debtor when authorized by the debtor or legal owner.
Existing law requires specified special interest license plates that
remain the personal effects of the debtor to be removed from the
collateral and inventoried and requires the destruction of those
plates and notification to the Department of Motor Vehicles if the
plates are not claimed by the debtor within 60 days.
   This bill would authorize a debtor to make that waiver only with
the consent of the licensee and would authorize the release of
personal effects to someone other than the debtor only when
authorized by the debtor. The bill would also authorize a licensee to
retain those special interest license plates indefinitely for return
to the debtor, as specified.
   Existing law provides that whenever possession is taken of any
vehicle by or on behalf of any legal owner under the terms of a
security agreement or lease agreement, the person taking possession
is required to notify specified law enforcement agencies within one
hour after taking possession of the vehicle and by the most
expeditious means available. Failure to provide that notice is an
infraction.
   This bill would require separate notifications for multiple
vehicle repossessions. By changing the definition of a crime, the
bill would impose a state-mandated local program. The bill would also
make certain provisions that apply to tow trucks also apply to
repossessors' tow vehicles.
   (19) Existing law, the Funeral Directors and Embalmers Law,
provides for the licensure and regulation of embalmers and funeral
directors by the Cemetery and Funeral Bureau. Existing law requires
an applicant for an embalmer's license to, among other things, have
successfully completed a course of instruction in a specified
embalming school and to either furnish proof of completion of a high
school course or evidence of licensure and practice for a certain
period of time prior to application.
   This bill would instead require the applicant to have graduated
from a specified mortuary science program and to furnish official
transcripts from that program. The bill would make other conforming
changes.
   Existing law requires the applicant to pass an examination
including specified subjects and requires the bureau to examine
applicants at least once annually.
   This bill would require the applicant to pass the sciences section
of a specified national examination and an examination on the state'
s laws and the rules and regulations of the bureau and would delete
the requirement that the board examine applicants at least once
annually. The bill would, until June 30, 2010, authorize an applicant
who failed the examination previously administered by the bureau to
retake that examination.
   (20) Existing law, the Real Estate Law, provides for the licensure
and regulation of real estate brokers and salespersons by the Real
Estate Commissioner. Existing law authorizes the commissioner to
issue rules and regulations he or she deems necessary to regulate the
method of accounting and to accomplish certain purposes related to
advance fees, as specified.
   This bill would make certain nonsubstantive, technical changes to
those provisions.
   (21) Existing law, the Automotive Repair Act, provides for the
registration, licensure, and regulation of automotive repair dealers,
lamp and brake adjusting stations, and smog check stations and
technicians by the Bureau of Automotive Repair in the Department of
Consumer Affairs and requires the Director of Consumer Affairs to
validate an automotive repair dealer registration upon receipt of a
specified form and fee. Existing law authorizes the director to
refuse to validate or invalidate that registration for, among other
things, a conviction for providing consideration to insurance agents
for referrals. Under existing law, the director may deny, suspend,
revoke, or take other disciplinary action against lamp and brake
adjusting station or smog check station and technician applicants and
licensees for, among other things, the conviction of a crime
substantially related to the qualifications, functions, and duties of
the licensee.
   This bill would require the director to issue an automotive repair
dealer registration upon receipt of a specified form and fee and
would authorize the director to deny, suspend, revoke, or place on
probation a registration for specified acts or omissions related to
the business of the automotive repair dealer. The bill would also
authorize the director to deny, suspend, revoke, or take other
disciplinary action against lamp and brake adjusting station and smog
check station and technician applicants and licensees for the
conviction of a crime substantially related to the qualifications,
functions, or duties of that licensee.
   (22) Existing law establishes the vehicle inspection and
maintenance (smog check) program, administered by the Department of
Consumer Affairs and prescribes certain cost limits for repairs under
the program. Existing law requires a smog check station where smog
check inspections are performed to post a sign advising customers of
those cost limits.
   This bill would instead require the department to provide licensed
smog check stations with a sign informing customers about their
options when a vehicle fails a smog check inspection, as specified.
   The bill would revise provisions relating to repair assistance
agreements and would make other technical, nonsubstantive changes.
   (23) This bill would incorporate additional changes in Section
4160 of the Business and Professions Code proposed by AB 1071, to be
operative if AB 1071 and this bill become effective on or before
January 1, 2010, and this bill is enacted last.
   (24) 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.



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

  SECTION 1.  Section 139 of the Business and Professions Code is
amended to read:
   139.  (a) The Legislature finds and declares that occupational
analyses and examination validation studies are fundamental
components of licensure programs. It is the intent of the Legislature
that the policy developed by the department pursuant to subdivision
(b) be used by the fiscal, policy, and sunset review committees of
the Legislature in their annual reviews of these boards, programs,
and bureaus.
   (b) Notwithstanding any other provision of law, the department
shall develop, in consultation with the boards, programs, bureaus,
and divisions under its jurisdiction, and the Osteopathic Medical
Board of California and the State Board of Chiropractic Examiners, a
policy regarding examination development and validation, and
occupational analysis. The department shall finalize and distribute
this policy by September 30, 1999, to each of the boards, programs,
bureaus, and divisions under its jurisdiction and to the Osteopathic
Medical Board of California and the State Board of Chiropractic
Examiners. This policy shall be submitted in draft form at least 30
days prior to that date to the appropriate fiscal, policy, and sunset
review committees of the Legislature for review. This policy shall
address, but shall not be limited to, the following issues:
   (1) An appropriate schedule for examination validation and
occupational analyses, and circumstances under which more frequent
reviews are appropriate.
   (2) Minimum requirements for psychometrically sound examination
validation, examination development, and occupational analyses,
including standards for sufficient number of test items.
   (3) Standards for review of state and national examinations.
   (4) Setting of passing standards.
   (5) Appropriate funding sources for examination validations and
occupational analyses.
   (6) Conditions under which boards, programs, and bureaus should
use internal and external entities to conduct these reviews.
   (7) Standards for determining appropriate costs of reviews of
different types of examinations, measured in terms of hours required.

   (8) Conditions under which it is appropriate to fund permanent and
limited term positions within a board, program, or bureau to manage
these reviews.
   (c) Every regulatory board and bureau, as defined in Section 22,
and every program and bureau administered by the department, the
Osteopathic Medical Board of California, and the State Board of
Chiropractic Examiners, shall submit to the director on or before
December 1, 1999, and on or before December 1 of each subsequent
year, its method for ensuring that every licensing examination
administered by or pursuant to contract with the board is subject to
periodic evaluation. The evaluation shall include (1) a description
of the occupational analysis serving as the basis for the
examination; (2) sufficient item analysis data to permit a
psychometric evaluation of the items; (3) an assessment of the
appropriateness of prerequisites for admittance to the examination;
and (4) an estimate of the costs and personnel required to perform
these functions. The evaluation shall be revised and a new evaluation
submitted to the director whenever, in the judgment of the board,
program, or bureau, there is a substantial change in the examination
or the prerequisites for admittance to the examination.
   (d) The evaluation may be conducted by the board, program, or
bureau, the Office of Professional Examination Services of the
department, the Osteopathic Medical Board of California, or the State
Board of Chiropractic Examiners or pursuant to a contract with a
qualified private testing firm. A board, program, or bureau that
provides for development or administration of a licensing examination
pursuant to contract with a public or private entity may rely on an
occupational analysis or item analysis conducted by that entity. The
department shall compile this information, along with a schedule
specifying when examination validations and occupational analyses
shall be performed, and submit it to the appropriate fiscal, policy,
and sunset review committees of the Legislature by September 30 of
each year. It is the intent of the Legislature that the method
specified in this report be consistent with the policy developed by
the department pursuant to subdivision (b).
   SEC. 2.   Section 805 of the Business and Professions Code is
amended to read:
   805.  (a) As used in this section, the following terms have the
following definitions:
   (1) "Peer review body" includes:
   (A) A medical or professional staff of any health care facility or
clinic licensed under Division 2 (commencing with Section 1200) of
the Health and Safety Code or of a facility certified to participate
in the federal Medicare Program as an ambulatory surgical center.
   (B) A health care service plan registered under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code or a disability insurer that contracts with licentiates to
provide services at alternative rates of payment pursuant to Section
10133 of the Insurance Code.
   (C) Any medical, psychological, marriage and family therapy,
social work, dental, or podiatric professional society having as
members at least 25 percent of the eligible licentiates in the area
in which it functions (which must include at least one county), which
is not organized for profit and which has been determined to be
exempt from taxes pursuant to Section 23701 of the Revenue and
Taxation Code.
   (D) A committee organized by any entity consisting of or employing
more than 25 licentiates of the same class that functions for the
purpose of reviewing the quality of professional care provided by
members or employees of that entity.
   (2) "Licentiate" means a physician and surgeon, doctor of
podiatric medicine, clinical psychologist, marriage and family
therapist, clinical social worker, or dentist. "Licentiate" also
includes a person authorized to practice medicine pursuant to Section
2113 or 2168.
   (3) "Agency" means the relevant state licensing agency having
regulatory jurisdiction over the licentiates listed in paragraph (2).

   (4) "Staff privileges" means any arrangement under which a
licentiate is allowed to practice in or provide care for patients in
a health facility. Those arrangements shall include, but are not
limited to, full staff privileges, active staff privileges, limited
staff privileges, auxiliary staff privileges, provisional staff
privileges, temporary staff privileges, courtesy staff privileges,
locum tenens arrangements, and contractual arrangements to provide
professional services, including, but not limited to, arrangements to
provide outpatient services.
   (5) "Denial or termination of staff privileges, membership, or
employment" includes failure or refusal to renew a contract or to
renew, extend, or reestablish any staff privileges, if the action is
based on medical disciplinary cause or reason.
   (6) "Medical disciplinary cause or reason" means that aspect of a
licentiate's competence or professional conduct that is reasonably
likely to be detrimental to patient safety or to the delivery of
patient care.
   (7) "805 report" means the written report required under
subdivision (b).
   (b) The chief of staff of a medical or professional staff or other
chief executive officer, medical director, or administrator of any
peer review body and the chief executive officer or administrator of
any licensed health care facility or clinic shall file an 805 report
with the relevant agency within 15 days after the effective date of
any of the following that occur as a result of an action of a peer
review body:
   (1) A licentiate's application for staff privileges or membership
is denied or rejected for a medical disciplinary cause or reason.
   (2) A licentiate's membership, staff privileges, or employment is
terminated or revoked for a medical disciplinary cause or reason.
   (3) Restrictions are imposed, or voluntarily accepted, on staff
privileges, membership, or employment for a cumulative total of 30
days or more for any 12-month period, for a medical disciplinary
cause or reason.
   (c) The chief of staff of a medical or professional staff or other
chief executive officer, medical director, or administrator of any
peer review body and the chief executive officer or administrator of
any licensed health care facility or clinic shall file an 805 report
with the relevant agency within 15 days after any of the following
occur after notice of either an impending investigation or the denial
or rejection of the application for a medical disciplinary cause or
reason:
   (1) Resignation or leave of absence from membership, staff, or
employment.
   (2) The withdrawal or abandonment of a licentiate's application
for staff privileges or membership.
   (3) The request for renewal of those privileges or membership is
withdrawn or abandoned.
   (d) For purposes of filing an 805 report, the signature of at
least one of the individuals indicated in subdivision (b) or (c) on
the completed form shall constitute compliance with the requirement
to file the report.
   (e) An 805 report shall also be filed within 15 days following the
imposition of summary suspension of staff privileges, membership, or
employment, if the summary suspension remains in effect for a period
in excess of 14 days.
   (f) A copy of the 805 report, and a notice advising the licentiate
of his or her right to submit additional statements or other
information pursuant to Section 800, shall be sent by the peer review
body to the licentiate named in the report.
   The information to be reported in an 805 report shall include the
name and license number of the licentiate involved, a description of
the facts and circumstances of the medical disciplinary cause or
reason, and any other relevant information deemed appropriate by the
reporter.
   A supplemental report shall also be made within 30 days following
the date the licentiate is deemed to have satisfied any terms,
conditions, or sanctions imposed as disciplinary action by the
reporting peer review body. In performing its dissemination functions
required by Section 805.5, the agency shall include a copy of a
supplemental report, if any, whenever it furnishes a copy of the
original 805 report.
   If another peer review body is required to file an 805 report, a
health care service plan is not required to file a separate report
with respect to action attributable to the same medical disciplinary
cause or reason. If the Medical Board of California or a licensing
agency of another state revokes or suspends, without a stay, the
license of a physician and surgeon, a peer review body is not
required to file an 805 report when it takes an action as a result of
the revocation or suspension.
   (g) The reporting required by this section shall not act as a
waiver of confidentiality of medical records and committee reports.
The information reported or disclosed shall be kept confidential
except as provided in subdivision (c) of Section 800 and Sections
803.1 and 2027, provided that a copy of the report containing the
information required by this section may be disclosed as required by
Section 805.5 with respect to reports received on or after January 1,
1976.
   (h) The Medical Board of California, the Osteopathic Medical Board
of California, and the Dental Board of California shall disclose
reports as required by Section 805.5.
   (i) An 805 report shall be maintained by an agency for
dissemination purposes for a period of three years after receipt.
   (j) No person shall incur any civil or criminal liability as the
result of making any report required by this section.
   (k) A willful failure to file an 805 report by any person who is
designated or otherwise required by law to file an 805 report is
punishable by a fine not to exceed one hundred thousand dollars
($100,000) per violation. The fine may be imposed in any civil or
administrative action or proceeding brought by or on behalf of any
agency having regulatory jurisdiction over the person regarding whom
the report was or should have been filed. If the person who is
designated or otherwise required to file an 805 report is a licensed
physician and surgeon, the action or proceeding shall be brought by
the Medical Board of California. The fine shall be paid to that
agency but not expended until appropriated by the Legislature. A
violation of this subdivision may constitute unprofessional conduct
by the licentiate. A person who is alleged to have violated this
subdivision may assert any defense available at law. As used in this
subdivision, "willful" means a voluntary and intentional violation of
a known legal duty.
   (l) Except as otherwise provided in subdivision (k), any failure
by the administrator of any peer review body, the chief executive
officer or administrator of any health care facility, or any person
who is designated or otherwise required by law to file an 805 report,
shall be punishable by a fine that under no circumstances shall
exceed fifty thousand dollars ($50,000) per violation. The fine may
be imposed in any civil or administrative action or proceeding
brought by or on behalf of any agency having regulatory jurisdiction
over the person regarding whom the report was or should have been
filed. If the person who is designated or otherwise required to file
an 805 report is a licensed physician and surgeon, the action or
proceeding shall be brought by the Medical Board of California. The
fine shall be paid to that agency but not expended until appropriated
by the Legislature. The amount of the fine imposed, not exceeding
fifty thousand dollars ($50,000) per violation, shall be proportional
to the severity of the failure to report and shall differ based upon
written findings, including whether the failure to file caused harm
to a patient or created a risk to patient safety; whether the
administrator of any peer review body, the chief executive officer or
administrator of any health care facility, or any person who is
designated or otherwise required by law to file an 805 report
exercised due diligence despite the failure to file or whether they
knew or should have known that an 805 report would not be filed; and
whether there has been a prior failure to file an 805 report. The
amount of the fine imposed may also differ based on whether a health
care facility is a small or rural hospital as defined in Section
124840 of the Health and Safety Code.
   (m) A health care service plan registered under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code or a disability insurer that negotiates and enters into a
contract with licentiates to provide services at alternative rates of
payment pursuant to Section 10133 of the Insurance Code, when
determining participation with the plan or insurer, shall evaluate,
on a case-by-case basis, licentiates who are the subject of an 805
report, and not automatically exclude or deselect these licentiates.
  SEC. 3.   Section 821.5 of the Business and Professions Code is
repealed.
  SEC. 4.   Section 821.6 of the Business and Professions Code is
repealed.
  SEC. 5.   Section 1632.5 of the Business and Professions Code is
amended to read:
   1632.5.  (a) Prior to implementation of paragraph (2) of
subdivision (c) of Section 1632, the department's Office of
Professional Examination Services shall review the Western Regional
Examining Board examination to ensure compliance with the
requirements of Section 139 and to certify that the examination
process meets those standards. If the department determines that the
examination process fails to meet those standards, paragraph (2) of
subdivision (c) of Section 1632 shall not be implemented. The review
of the Western Regional Examining Board examination shall be
conducted during or after the Dental Board of California's
occupational analysis scheduled for the 2004-05 fiscal year, but not
later than September 30, 2005. However, an applicant who successfully
completes the Western Regional Examining Board examination on or
after January 1, 2005, shall be deemed to have met the requirements
of subdivision (c) of Section 1632 if the department certifies that
the Western Regional Examining Board examination meets the standards
set forth in this subdivision.
   (b) The Western Regional Examining Board examination process shall
be regularly reviewed by the department pursuant to Section 139.
   (c) The Western Regional Examining Board examination shall meet
the mandates of subdivision (a) of Section 12944 of the Government
Code.
   (d) As part of its next scheduled review by the Joint Committee on
Boards, Commissions, and Consumer Protection, the Dental Board of
California shall report to that committee and the department on the
pass rates of applicants who sat for the Western Regional Examining
Board examination, compared with the pass rates of applicants who sat
for the state clinical and written examination administered by the
Dental Board of California. This report shall be a component of the
evaluation of the examination process that is based on
psychometrically sound principles for establishing minimum
qualifications and levels of competency.
  SEC. 6.   Section 1634.2 of the Business and Professions Code is
amended to read:
   1634.2.  (a) An advanced education program's compliance with
subdivision (c) of Section 1634.1 shall be regularly reviewed by the
department pursuant to Section 139.
   (b) An advanced education program described in subdivision (c) of
Section 1634.1 shall meet the requirements of subdivision (a) of
Section 12944 of the Government Code.
   (c) The clinical residency program completion certification
required by subdivision (c) of Section 1634.1 shall include a list of
core competencies commensurate to those found in the board's
examinations. The board, together with the department's Office of
Professional Examination Services, shall ensure the alignment of the
competencies stated in the clinical residency program completion
certification with the board's current occupational analysis. The
board shall implement use of the clinical residency program
completion certification form and use of the core competency list
through the adoption of emergency regulations by January 1, 2008.
   (d) As part of its next scheduled review after January 1, 2007, by
the Joint Committee on Boards, Commissions and Consumer Protection,
the board shall report to that committee and to the department the
number of complaints received for those dentists who have obtained
licensure by passing the state clinical examination and for those
dentists who have obtained licensure through an advanced education
program. The report shall also contain tracking information on these
complaints and their disposition. This report shall be a component of
the evaluation of the examination process that is based on
psychometrically sound principles for establishing minimum
qualifications and levels of competency.
   SEC. 7.  Section 2493 of the Business and Professions Code is
amended to read:
   2493.  (a) An applicant for a certificate to practice podiatric
medicine shall pass an examination in the subjects required by
Section 2483 in order to ensure a minimum of entry-level competence.
   (b) The board shall require a passing score on the National Board
of Podiatric Medical Examiners Part III examination that is
consistent with the postgraduate training requirement in Section
2484. The board, as of July 1, 2005, shall require a passing score
one standard error of measurement higher than the national passing
scale score until such time as the National Board of Podiatric
Medical Examiners recommends a higher passing score consistent with
Section 2484. In consultation with the Office of Professional
Examination Services of the Department of Consumer Affairs, the board
shall ensure that the part III examination adequately evaluates the
full scope of practice established by Section 2472, including
amputation and other foot and ankle surgical procedures, pursuant to
Section 139.
  SEC. 8.   Section 2530.2 of the Business and Professions Code is
amended to read:
   2530.2.  As used in this chapter, unless the context otherwise
requires:
   (a) "Board" means the Speech-Language Pathology and Audiology
Board or any successor.
   (b) "Person" means any individual, partnership, corporation,
limited liability company, or other organization or combination
thereof, except that only individuals can be licensed under this
chapter.
   (c) A "speech-language pathologist" is a person who practices
speech-language pathology.
   (d) The practice of speech-language pathology means all of the
following:
   (1) The application of principles, methods, instrumental
procedures, and noninstrumental procedures for measurement, testing,
screening, evaluation, identification, prediction, and counseling
related to the development and disorders of speech, voice, language,
or swallowing.
   (2) The application of principles and methods for preventing,
planning, directing, conducting, and supervising programs for
habilitating, rehabilitating, ameliorating, managing, or modifying
disorders of speech, voice, language, or swallowing in individuals or
groups of individuals.
   (3) Conducting hearing screenings.
   (4) Performing suctioning in connection with the scope of practice
described in paragraphs (1) and (2), after compliance with a medical
facility's training protocols on suctioning procedures.
   (e) (1) Instrumental procedures referred to in subdivision (d) are
the use of rigid and flexible endoscopes to observe the pharyngeal
and laryngeal areas of the throat in order to observe, collect data,
and measure the parameters of communication and swallowing as well as
to guide communication and swallowing assessment and therapy.
   (2) Nothing in this subdivision shall be construed as a diagnosis.
Any observation of an abnormality shall be referred to a physician
and surgeon.
   (f) A licensed speech-language pathologist shall not perform a
flexible fiberoptic nasendoscopic procedure unless he or she has
received written verification from an otolaryngologist certified by
the American Board of Otolaryngology that the speech-language
pathologist has performed a minimum of 25 flexible fiberoptic
nasendoscopic procedures and is competent to perform these
procedures. The speech-language pathologist shall have this written
verification on file and readily available for inspection upon
request by the board. A speech-language pathologist shall pass a
flexible fiberoptic nasendoscopic instrument only under the direct
authorization of an otolaryngologist certified by the American Board
of Otolaryngology and the supervision of a physician and surgeon.
   (g) A licensed speech-language pathologist shall only perform
flexible endoscopic procedures described in subdivision (e) in a
setting that requires the facility to have protocols for emergency
medical backup procedures, including a physician and surgeon or other
appropriate medical professionals being readily available.
   (h) "Speech-language pathology aide" means any person meeting the
minimum requirements established by the board, who works directly
under the supervision of a speech-language pathologist.
   (i) (1) "Speech-language pathology assistant" means a person who
meets the academic and supervised training requirements set forth by
the board and who is approved by the board to assist in the provision
of speech-language pathology under the direction and supervision of
a speech-language pathologist who shall be responsible for the
extent, kind, and quality of the services provided by the
speech-language pathology assistant.
   (2) The supervising speech-language pathologist employed or
contracted for by a public school may hold a valid and current
license issued by the board, a valid, current, and professional clear
clinical or rehabilitative services credential in language, speech,
and hearing issued by the Commission on Teacher Credentialing, or
other credential authorizing service in language, speech, and hearing
issued by the Commission on Teacher Credentialing that is not issued
on the basis of an emergency permit or waiver of requirements. For
purposes of this paragraph, a "clear" credential is a credential that
is not issued pursuant to a waiver or emergency permit and is as
otherwise defined by the Commission on Teacher Credentialing. Nothing
in this section referring to credentialed supervising
speech-language pathologists expands existing exemptions from
licensing pursuant to Section 2530.5.
   (j) An "audiologist" is one who practices audiology.
   (k) "The practice of audiology" means the application of
principles, methods, and procedures of measurement, testing,
appraisal, prediction, consultation, counseling, instruction related
to auditory, vestibular, and related functions and the modification
of communicative disorders involving speech, language, auditory
behavior or other aberrant behavior resulting from auditory
dysfunction; and the planning, directing, conducting, supervising, or
participating in programs of identification of auditory disorders,
hearing conservation, cerumen removal, aural habilitation, and
rehabilitation, including, hearing aid recommendation and evaluation
procedures including, but not limited to, specifying amplification
requirements and evaluation of the results thereof, auditory
training, and speech reading.
   (l) "Audiology aide" means any person, meeting the minimum
requirements established by the board. An audiology aide may not
perform any function that constitutes the practice of audiology
unless he or she is under the supervision of an audiologist. The
board may by regulation exempt certain functions performed by an
industrial audiology aide from supervision provided that his or her
employer has established a set of procedures or protocols that the
aide shall follow in performing those functions.
   (m) "Medical board" means the Medical Board of California.
   (n) A "hearing screening" performed by a speech-language
pathologist means a binary puretone screening at a preset intensity
level for the purpose of determining if the screened individuals are
in need of further medical or audiological evaluation.
   (o) "Cerumen removal" means the nonroutine removal of cerumen
within the cartilaginous ear canal necessary for access in
performance of audiological procedures that shall occur under
physician and surgeon supervision. Cerumen removal, as provided by
this section, shall only be performed by a licensed audiologist.
Physician and surgeon supervision shall not be construed to require
the physical presence of the physician, but shall include all of the
following:

      (1) Collaboration on the development of written standardized
protocols. The protocols shall include a requirement that the
supervised audiologist immediately refer to an appropriate physician
any trauma, including skin tears, bleeding, or other pathology of the
ear discovered in the process of cerumen removal as defined in this
subdivision.
   (2) Approval by the supervising physician of the written
standardized protocol.
   (3) The supervising physician shall be within the general
vicinity, as provided by the physician-audiologist protocol, of the
supervised audiologist and available by telephone contact at the time
of cerumen removal.
   (4) A licensed physician and surgeon may not simultaneously
supervise more than two audiologists for purposes of cerumen removal.

  SEC. 9.   Section 2532.2 of the Business and Professions Code is
amended to read:
   2532.2.  Except as required by Section 2532.25, to be eligible for
licensure by the board as a speech-language pathologist or
audiologist, the applicant shall possess all of the following
qualifications:
   (a) Possess at least a master's degree in speech-language
pathology or audiology from an educational institution approved by
the board or qualifications deemed equivalent by the board.
   (b) Submit transcripts from an educational institution approved by
the board evidencing the successful completion of at least 60
semester units of courses related to the normal development,
function, and use of speech, hearing, and language; and courses that
provide information about, and training in, the management of speech,
hearing, and language disorders. At least 24 of the required 60
semester units shall be related to disorders of speech, voice, or
language for speech-language pathology applicants or to disorders of
hearing and the modification of communication disorders involving
speech and language resulting from hearing disorders for audiology
applicants. These 60 units do not include credit for thesis,
dissertation, or clinical practice.
   (c) Submit evidence of the satisfactory completion of supervised
clinical practice with individuals representative of a wide spectrum
of ages and communication disorders. The board shall establish by
regulation the required number of clock hours, not to exceed 300
clock hours, of supervised clinical practice necessary for the
applicant.
   The clinical practice shall be under the direction of an
educational institution approved by the board.
   (d) Submit evidence of no less than 36 weeks of satisfactorily
completed supervised professional full-time experience or 72 weeks of
professional part-time experience obtained under the supervision of
a licensed speech-language pathologist or audiologist or a
speech-language pathologist or audiologist having qualifications
deemed equivalent by the board. This experience shall be evaluated
and approved by the board. The required professional experience shall
follow completion of the requirements listed in subdivisions (a),
(b), and (c). Full time is defined as at least 36 weeks in a calendar
year and a minimum of 30 hours per week. Part time is defined as a
minimum of 72 weeks and a minimum of 15 hours per week.
   (e) Pass an examination or examinations approved by the board. The
board shall determine the subject matter and scope of the
examinations and may waive the examination upon evidence that the
applicant has successfully completed an examination approved by the
board. Written examinations may be supplemented by oral examinations
as the board shall determine. An applicant who fails his or her
examination may be reexamined at a subsequent examination upon
payment of the reexamination fee required by this chapter.
   A speech-language pathologist or audiologist who holds a license
from another state or territory of the United States or who holds
equivalent qualifications as determined by the board and who has
completed no less than one year of full-time continuous employment as
a speech-language pathologist or audiologist within the past three
years is exempt from the supervised professional experience in
subdivision (d).
   (f) As applied to licensure as an audiologist, this section shall
apply to applicants who graduated from an approved educational
institution on or before December 31, 2007.
  SEC. 10.   Section 2532.25 is added to the Business and Professions
Code, to read:
   2532.25.  (a) An applicant seeking licensure as an audiologist
shall possess a doctorate in audiology earned from an educational
institution approved by the board. The board may, in its discretion,
accept qualifications it deems to be equivalent to a doctoral degree
in audiology. The board shall not, however, accept as equivalent
qualifications graduation from a master's program that the applicant
was enrolled in on or after January 1, 2008.
   (b) In addition to meeting the qualifications specified in
subdivision (a), an applicant seeking licensure as an audiologist
shall do all of the following:
   (1) Submit evidence of the satisfactory completion of supervised
clinical practice with individuals representative of a wide spectrum
of ages and audiological disorders. The board shall establish by
regulation the required number of clock hours of supervised clinical
practice necessary for the applicant. The clinical practice shall be
under the direction of an educational institution approved by the
board.
   (2) Submit evidence of no less than 12 months of satisfactorily
completed supervised professional full-time experience or its
part-time equivalent obtained under the supervision of a licensed
audiologist or an audiologist having qualifications deemed equivalent
by the board. This experience shall be completed under the direction
of a board-approved audiology doctoral program. The required
professional experience shall follow completion of the didactic and
clinical rotation requirements of the audiology doctoral program.
   (3) Pass an examination or examinations approved by the board. The
board shall determine the subject matter and scope of the
examination or examinations and may waive an examination upon
evidence that the applicant has successfully completed an examination
approved by the board. Written examinations may be supplemented by
oral examinations as the board shall determine. An applicant who
fails an examination may be reexamined at a subsequent examination
upon payment of the reexamination fee required by this chapter.
   (c) This section shall apply to applicants who graduate from an
approved educational institution on and after January 1, 2008.
  SEC. 11.   Section 2532.7 of the Business and Professions Code is
amended to read:
   2532.7.  (a) Upon approval of an application filed pursuant to
Section 2532.1, and upon payment of the fee prescribed by Section
2534.2, the board may issue a required professional experience (RPE)
temporary license for a period to be determined by the board to an
applicant who is obtaining the required professional experience
specified in subdivision (d) of Section 2532.2 or paragraph (2) of
subdivision (b) of Section 2532.25.
   (b) Effective July 1, 2003, no person shall obtain the required
professional experience for licensure in either an exempt or
nonexempt setting, as defined in Section 2530.5, unless he or she is
licensed in accordance with this section or is completing the final
clinical externship of a board-approved audiology doctoral training
program in accordance with paragraph (2) of subdivision (b) of
Section 2532.25 in another state.
   (c) A person who obtains an RPE temporary license outside the
State of California shall not be required to hold a temporary license
issued pursuant to subdivision (a) if the person is completing the
final clinical externship of an audiology doctoral training program
in accordance with paragraph (2) of subdivision (b) of Section
2532.25.
   (d) Any experience obtained in violation of this act shall not be
approved by the board.
   (e) An RPE temporary license shall terminate upon notice thereof
by certified mail, return receipt requested, if it is issued by
mistake or if the application for permanent licensure is denied.
   (f) Upon written application, the board may reissue an RPE
temporary license for a period to be determined by the board to an
applicant who is obtaining the required professional experience
specified in subdivision (d) of Section 2532.2 or paragraph (2) of
subdivision (b) of Section 2532.25.
  SEC. 12.   Section 2570.2 of the Business and Professions Code is
amended to read:
   2570.2.  As used in this chapter, unless the context requires
otherwise:
   (a) "Appropriate supervision of an aide" means that the
responsible occupational therapist or occupational therapy assistant
shall provide direct in-sight supervision when the aide is providing
delegated client-related tasks and shall be readily available at all
times to provide advice or instruction to the aide. The occupational
therapist or occupational therapy assistant is responsible for
documenting the client's record concerning the delegated
client-related tasks performed by the aide.
   (b) "Aide" means an individual who provides supportive services to
an occupational therapist and who is trained by an occupational
therapist to perform, under appropriate supervision, delegated,
selected client and nonclient-related tasks for which the aide has
demonstrated competency. An occupational therapist licensed pursuant
to this chapter may utilize the services of one aide engaged in
patient-related tasks to assist the occupational therapist in his or
her practice of occupational therapy.
   (c) "Association" means the Occupational Therapy Association of
California or a similarly constituted organization representing
occupational therapists in this state.
   (d) "Board" means the California Board of Occupational Therapy.
   (e) "Examination" means an entry level certification examination
for occupational therapists and occupational therapy assistants
administered by the National Board for Certification in Occupational
Therapy or by another nationally recognized credentialing body.
   (f) "Good standing" means that the person has a current, valid
license to practice occupational therapy or assist in the practice of
occupational therapy and has not been disciplined by the recognized
professional certifying or standard-setting body within five years
prior to application or renewal of the person's license.
   (g) "Occupational therapist" means an individual who meets the
minimum education requirements specified in Section 2570.6 and is
licensed pursuant to the provisions of this chapter and whose license
is in good standing as determined by the board to practice
occupational therapy under this chapter. Only the occupational
therapist is responsible for the occupational therapy assessment of a
client, and the development of an occupational therapy plan of
treatment.
   (h) "Occupational therapy assistant" means an individual who is
licensed pursuant to the provisions of this chapter, who is in good
standing as determined by the board, and based thereon, who is
qualified to assist in the practice of occupational therapy under
this chapter, and who works under the appropriate supervision of a
licensed occupational therapist.
   (i) "Occupational therapy services" means the services of an
occupational therapist or the services of an occupational therapy
assistant under the appropriate supervision of an occupational
therapist.
   (j) "Person" means an individual, partnership, unincorporated
organization, or corporation.
   (k) "Practice of occupational therapy" means the therapeutic use
of purposeful and meaningful goal-directed activities (occupations)
which engage the individual's body and mind in meaningful, organized,
and self-directed actions that maximize independence, prevent or
minimize disability, and maintain health. Occupational therapy
services encompass occupational therapy assessment, treatment,
education of, and consultation with, individuals who have been
referred for occupational therapy services subsequent to diagnosis of
disease or disorder (or who are receiving occupational therapy
services as part of an Individualized Education Plan (IEP) pursuant
to the federal Individuals with Disabilities Education Act (IDEA)).
Occupational therapy assessment identifies performance abilities and
limitations that are necessary for self-maintenance, learning, work,
and other similar meaningful activities. Occupational therapy
treatment is focused on developing, improving, or restoring
functional daily living skills, compensating for and preventing
dysfunction, or minimizing disability. Occupational therapy
techniques that are used for treatment involve teaching activities of
daily living (excluding speech-language skills); designing or
fabricating selective temporary orthotic devices, and applying or
training in the use of assistive technology or orthotic and
prosthetic devices (excluding gait training). Occupational therapy
consultation provides expert advice to enhance function and quality
of life. Consultation or treatment may involve modification of tasks
or environments to allow an individual to achieve maximum
independence. Services are provided individually, in groups, or
through social groups.
   (l) "Hand therapy" is the art and science of rehabilitation of the
hand, wrist, and forearm requiring comprehensive knowledge of the
upper extremity and specialized skills in assessment and treatment to
prevent dysfunction, restore function, or reverse the advancement of
pathology. This definition is not intended to prevent an
occupational therapist practicing hand therapy from providing other
occupational therapy services authorized under this act in
conjunction with hand therapy.
   (m) "Physical agent modalities" means techniques that produce a
response in soft tissue through the use of light, water, temperature,
sound, or electricity. These techniques are used as adjunctive
methods in conjunction with, or in immediate preparation for,
occupational therapy services.
  SEC. 13.   Section 2570.3 of the Business and Professions Code is
amended to read:
   2570.3.  (a) No person shall practice occupational therapy or hold
himself or herself out as an occupational therapist or as being able
to practice occupational therapy, or to render occupational therapy
services in this state unless he or she is licensed as an
occupational therapist under the provisions of this chapter. No
person shall hold himself or herself out as an occupational therapy
assistant or work as an occupational therapy assistant under the
supervision of an occupational therapist unless he or she is licensed
as an occupational therapy assistant under the provisions of this
chapter.
   (b) Only an individual may be licensed under this chapter.
   (c) Nothing in this chapter shall be construed as authorizing an
occupational therapist to practice physical therapy, as defined in
Section 2620; speech-language pathology or audiology, as defined in
Section 2530.2; nursing, as defined in Section 2725; psychology, as
defined in Section 2903; or spinal manipulation or other forms of
healing, except as authorized by this section.
   (d) An occupational therapist may provide advanced practices if
the therapist has the knowledge, skill, and ability to do so and has
demonstrated to the satisfaction of the board that he or she has met
educational training and competency requirements. These advanced
practices include the following:
   (1) Hand therapy.
   (2) The use of physical agent modalities.
   (3) Swallowing assessment, evaluation, or intervention.
   (e) An occupational therapist providing hand therapy services
shall demonstrate to the satisfaction of the board that he or she has
completed post professional education and training in all of the
following areas:
   (1) Anatomy of the upper extremity and how it is altered by
pathology.
   (2) Histology as it relates to tissue healing and the effects of
immobilization and mobilization on connective tissue.
   (3) Muscle, sensory, vascular, and connective tissue physiology.
   (4) Kinesiology of the upper extremity, such as biomechanical
principles of pulleys, intrinsic and extrinsic muscle function,
internal forces of muscles, and the effects of external forces.
   (5) The effects of temperature and electrical currents on nerve
and connective tissue.
   (6) Surgical procedures of the upper extremity and their
postoperative course.
   (f) An occupational therapist using physical agent modalities
shall demonstrate to the satisfaction of the board that he or she has
completed post professional education and training in all of the
following areas:
   (1) Anatomy and physiology of muscle, sensory, vascular, and
connective tissue in response to the application of physical agent
modalities.
   (2) Principles of chemistry and physics related to the selected
modality.
   (3) Physiological, neurophysiological, and electrophysiological
changes that occur as a result of the application of a modality.
   (4) Guidelines for the preparation of the patient, including
education about the process and possible outcomes of treatment.
   (5) Safety rules and precautions related to the selected modality.

   (6) Methods for documenting immediate and long-term effects of
treatment.
   (7) Characteristics of the equipment, including safe operation,
adjustment, indications of malfunction, and care.
   (g) An occupational therapist in the process of achieving the
education, training, and competency requirements established by the
board for providing hand therapy or using physical agent modalities
may practice these techniques under the supervision of an
occupational therapist who has already met the requirements
established by the board, a physical therapist, or a physician and
surgeon.
   (h) The board shall develop and adopt regulations regarding the
educational training and competency requirements for advanced
practices in collaboration with the Speech-Language Pathology and
Audiology Board, the Board of Registered Nursing, and the Physical
Therapy Board of California.
   (i) Nothing in this chapter shall be construed as authorizing an
occupational therapist to seek reimbursement for services other than
for the practice of occupational therapy as defined in this chapter.
   (j) "Supervision of an occupational therapy assistant" means that
the responsible occupational therapist shall at all times be
responsible for all occupational therapy services provided to the
client. The occupational therapist who is responsible for appropriate
supervision shall formulate and document in each client's record,
with his or her signature, the goals and plan for that client, and
shall make sure that the occupational therapy assistant assigned to
that client functions under appropriate supervision. As part of the
responsible occupational therapist's appropriate supervision, he or
she shall conduct at least weekly review and inspection of all
aspects of occupational therapy services by the occupational therapy
assistant.
   (1) The supervising occupational therapist has the continuing
responsibility to follow the progress of each patient, provide direct
care to the patient, and to assure that the occupational therapy
assistant does not function autonomously.
   (2) An occupational therapist shall not supervise more
occupational therapy assistants, at any one time, than can be
appropriately supervised in the opinion of the board. Two
occupational therapy assistants shall be the maximum number of
occupational therapy assistants supervised by an occupational
therapist at any one time, but the board may permit the supervision
of a greater number by an occupational therapist if, in the opinion
of the board, there would be adequate supervision and the public's
health and safety would be served. In no case shall the total number
of occupational therapy assistants exceed twice the number of
occupational therapists regularly employed by a facility at any one
time.
   (k) The amendments to subdivisions (d), (e), (f), and (g) relating
to advanced practices, that are made by the act adding this
subdivision, shall become operative no later than January 1, 2004, or
on the date the board adopts regulations pursuant to subdivision
(h), whichever first occurs.
  SEC. 14.   Section 2570.4 of the Business and Professions Code is
amended to read:
   2570.4.  Nothing in this chapter shall be construed as preventing
or restricting the practice, services, or activities of any of the
following persons:
   (a) Any person licensed or otherwise recognized in this state by
any other law or regulation when that person is engaged in the
profession or occupation for which he or she is licensed or otherwise
recognized.
   (b) Any person pursuing a supervised course of study leading to a
degree or certificate in occupational therapy at an accredited
educational program, if the person is designated by a title that
clearly indicates his or her status as a student or trainee.
   (c) Any person fulfilling the supervised fieldwork experience
requirements of subdivision (c) of Section 2570.6, if the experience
constitutes a part of the experience necessary to meet the
requirement of that provision.
   (d) Any person performing occupational therapy services in the
state if all of the following apply:
   (1) An application for licensure as an occupational therapist or
an occupational therapy assistant has been filed with the board
pursuant to Section 2570.6 and an application for a license in this
state has not been previously denied.
   (2) The person possesses a current, active, and nonrestricted
license to practice occupational therapy under the laws of another
state that the board determines has licensure requirements at least
as stringent as the requirements of this chapter.
   (3) Occupational therapy services are performed in association
with an occupational therapist licensed under this chapter, and for
no more than 60 days from the date on which the application for
licensure was filed with the board.
   (e) Any person employed as an aide subject to the supervision
requirements of this section.
  SEC. 15.   Section 2570.5 of the Business and Professions Code is
amended to read:
   2570.5.  (a) A limited permit may be granted to any person who has
completed the education and experience requirements of this chapter.

   (b) A person who meets the qualifications to be admitted to the
examination for licensure under this chapter and is waiting to take
the first available examination or awaiting the announcement of the
results of the examination, according to the application requirements
for a limited permit, may practice as an occupational therapist or
as an occupational therapy assistant under the direction and
appropriate supervision of an occupational therapist duly licensed
under this chapter. If that person fails to qualify for or pass the
first announced examination, all privileges under this section shall
automatically cease upon due notice to the applicant of that failure
and may not be renewed.
   (c) A limited permit shall be subject to other requirements set
forth in rules adopted by the board.
   SEC. 16.   Section 2570.6 of the Business and Professions Code is
amended to read:
   2570.6.  An applicant applying for a license as an occupational
therapist or as an occupational therapy assistant shall file with the
board a written application provided by the board, showing to the
satisfaction of the board that he or she meets all of the following
requirements:
   (a) That the applicant is in good standing and has not committed
acts or crimes constituting grounds for denial of a license under
Section 480.
   (b) (1) That the applicant has successfully completed the academic
requirements of an educational program for occupational therapists
or occupational therapy assistants that is approved by the board and
accredited by the American Occupational Therapy Association's
Accreditation Council for Occupational Therapy Education (ACOTE).
   (2) The curriculum of an education program for occupational
therapists shall contain the content specifically required in the
ACOTE accreditation standards, including all of the following
subjects:
   (A) Biological, behavioral, and health sciences.
   (B) Structure and function of the human body, including anatomy,
kinesiology, physiology, and the neurosciences.
   (C) Human development throughout the life span.
   (D) Human behavior in the context of sociocultural systems.
   (E) Etiology, clinical course, management, and prognosis of
disease processes and traumatic injuries, and the effects of those
conditions on human functioning.
   (F) Occupational therapy theory, practice, and process that shall
include the following:
   (i) Human performance, that shall include occupational performance
throughout the life cycle, human interaction, roles, values, and the
influences of the nonhuman environment.
   (ii) Activity processes that shall include the following:
   (I) Theories underlying the use of purposeful activity and the
meaning and dynamics of activity.
   (II) Performance of selected life tasks and activities.
   (III) Analysis, adaptation, and application of purposeful activity
as therapeutic intervention.
   (IV) Use of self, dyadic, and group interaction.
   (iii) Theoretical approaches, including those related to
purposeful activity, human performance, and adaptation.
   (iv) Application of occupational therapy theory to practice, that
shall include the following:
   (I) Assessment and interpretation, observation, interviews,
history, and standardized and nonstandardized tests.
   (II) Directing, planning, and implementation, that shall include:
therapeutic intervention related to daily living skills and
occupational components; therapeutic adaptation, including methods of
accomplishing daily life tasks, environmental adjustments,
orthotics, and assistive devices and equipment; health maintenance,
including energy conservation, joint protection, body mechanics, and
positioning; and prevention programs to foster age-appropriate
recommendations to maximize treatment gains.
   (III) Program termination including reevaluation, determination of
discharge, summary of occupational therapy outcome, and appropriate
recommendations to maximize treatment gains.
   (IV) Documentation.
   (v) Development and implementation of quality assurance.
   (vi) Management of occupational therapy service, that shall
include:
   (I) Planning services for client groups.
   (II) Personnel management, including occupational therapy
assistants, aides, volunteers, and level I students.
   (III) Departmental operations, including budgeting, scheduling,
recordkeeping, safety, and maintenance of supplies and equipment.

             (3) The curriculum of an education program for
occupational therapy assistants shall contain the content
specifically required in the ACOTE accreditation standards, including
all of the following subjects:
   (A) Biological, behavioral, and health sciences.
   (B) Structure and function of the normal human body.
   (C) Human development.
   (D) Conditions commonly referred to occupational therapists.
   (E) Occupational therapy principles and skills, that shall include
the following:
   (i) Human performance, including life tasks and roles as related
to the developmental process from birth to death.
   (ii) Activity processes and skills, that shall include the
following:
   (I) Performance of selected life tasks and activities.
   (II) Analysis and adaptation of activities.
   (III) Instruction of individuals and groups in selected life tasks
and activities.
   (iii) Concepts related to occupational therapy practice, that
shall include the following:
   (I) The importance of human occupation as a health determinant.
   (II) The use of self, interpersonal, and communication skills.
   (iv) Use of occupational therapy concepts and skills, that shall
include the following:
   (I) Data collection, that shall include structured observation and
interviews, history, and structured tests.
   (II) Participation in planning and implementation, that shall
include: therapeutic intervention related to daily living skills and
occupational components; therapeutic adaptation, including methods of
accomplishing daily life tasks, environmental adjustments,
orthotics, and assistive devices and equipment; health maintenance,
including mental health techniques, energy conservation, joint
protection, body mechanics, and positioning; and prevention programs
to foster age-appropriate balance of self-care and work.
   (III) Program termination, including assisting in reevaluation,
summary of occupational therapy outcome, and appropriate
recommendations to maximize treatment gains.
   (IV) Documentation.
   (c) That the applicant has successfully completed a period of
supervised fieldwork experience approved by the board and arranged by
a recognized educational institution where he or she met the
academic requirements of subdivision (b) or arranged by a nationally
recognized professional association. The fieldwork requirements shall
be as follows:
   (1) For an occupational therapist, a minimum of 960 hours of
supervised fieldwork experience shall be completed within 24 months
of the completion of didactic coursework.
   (2) For an occupational therapy assistant, a minimum of 640 hours
of supervised fieldwork experience shall be completed within 20
months of the completion of didactic coursework.
   (d) That the applicant has passed an examination as provided in
Section 2570.7.
   (e) That the applicant, at the time of application, is a person
over 18 years of age, is not addicted to alcohol or any controlled
substance, and has not committed acts or crimes constituting grounds
for denial of licensure under Section 480.
  SEC. 17.   Section 2570.7 of the Business and Professions Code is
amended to read:
   2570.7.  (a) An applicant who has satisfied the requirements of
Section 2570.6 may apply for examination for licensure in a manner
prescribed by the board. Subject to the provisions of this chapter,
an applicant who fails an examination may apply for reexamination.
   (b) Each applicant for licensure shall successfully complete the
entry level certification examination for occupational therapists or
occupational therapy assistants, such as the examination administered
by the National Board for Certification in Occupational Therapy or
by another nationally recognized credentialing body. The examination
shall be appropriately validated. Each applicant shall be examined by
written examination to test his or her knowledge of the basic and
clinical sciences relating to occupational therapy, occupational
therapy techniques and methods, and any other subjects that the board
may require to determine the applicant's fitness to practice under
this chapter.
   (c) Applicants for licensure shall be examined at a time and place
and under that supervision as the board may require.
  SEC. 18.   Section 2570.9 of the Business and Professions Code is
amended to read:
   2570.9.  The board shall issue a license to any applicant who
meets the requirements of this chapter, including the payment of the
prescribed licensure or renewal fee, and who meets any other
requirement in accordance with applicable state law.
  SEC. 19.   Section 2570.10 of the Business and Professions Code is
amended to read:
   2570.10.  (a) Any license issued under this chapter shall be
subject to renewal as prescribed by the board and shall expire unless
renewed in that manner. The board may provide for the late renewal
of a license as provided for in Section 163.5.
   (b) In addition to any other qualifications and requirements for
licensure renewal, the board may by rule establish and require the
satisfactory completion of continuing competency requirements as a
condition of renewal of a license.
   SEC. 20.   Section 2570.13 of the Business and Professions Code is
amended to read:
   2570.13.  (a) Consistent with this section, subdivisions (a), (b),
and (c) of Section 2570.2, and accepted professional standards, the
board shall adopt rules necessary to assure appropriate supervision
of occupational therapy assistants and aides.
   (b)  An occupational therapy assistant may practice only under the
supervision of an occupational therapist who is authorized to
practice occupational therapy in this state.
   (c) An aide providing delegated, client-related supportive
services shall require continuous and direct supervision by an
occupational therapist.
   SEC. 21.   Section 2570.16 of the Business and Professions Code is
amended to read:
   2570.16.  Initial license and renewal fees shall be established by
the board in an amount that does not exceed a ceiling of one hundred
fifty dollars ($150) per year. The board shall establish the
following additional fees:
   (a) An application fee not to exceed fifty dollars ($50).
   (b) A late renewal fee as provided for in Section 2570.10.
   (c) A limited permit fee.
   (d) A fee to collect fingerprints for criminal history record
checks.
   SEC. 22.   Section 2570.17 is added to the Business and
Professions Code, to read:
   2570.17.  (a) The board shall issue, upon application and payment
of a twenty-five dollar ($25) fee, a retired license to an
occupational therapist or an occupational therapy assistant who holds
a license that is current and active, or capable of being renewed
pursuant to Section 2570.10, and whose license is not suspended,
revoked, or otherwise restricted by the board or subject to
discipline under this chapter.
   (b) The holder of a retired license issued pursuant to this
section shall not engage in any activity for which an active license
is required. An occupational therapist holding a retired license
shall be permitted to use the title "occupational therapist, retired"
or "retired occupational therapist." An occupational therapy
assistant holding a retired license shall be permitted to use the
title "occupational therapy assistant, retired" or "retired
occupational therapy assistant." The designation of retired shall not
be abbreviated in any way.
   (c) The holder of a retired license shall not be required to renew
that license.
   (d) In order for the holder of a retired license issued pursuant
to this section to restore his or her license, he or she shall comply
with Section 2570.14.
   SEC. 23.   Section 2570.18 of the Business and Professions Code is
amended to read:
   2570.18.  (a) A person shall not represent to the public by title,
by description of services, methods, or procedures, or otherwise,
that the person is authorized to practice occupational therapy in
this state, unless authorized to practice occupational therapy under
this chapter.
   (b) Unless licensed to practice as an occupational therapist under
this chapter, a person may not use the professional abbreviations
"O.T.," "O.T.R.," or "O.T.R./L.," or "Occupational Therapist," or
"Occupational Therapist Registered," or any other words, letters, or
symbols with the intent to represent that the person practices or is
authorized to practice occupational therapy.
   (c) Unless licensed to assist in the practice of occupational
therapy as an occupational therapy assistant under this chapter, a
person may not use the professional abbreviations "O.T.A.,"
"O.T.A/L.," "C.O.T.A.," "C.O.T.A./L.," or "Occupational Therapy
Assistant," "Licensed Occupational Therapy Assistant," or any other
words, letters, or symbols, with the intent to represent that the
person assists in, or is authorized to assist in, the practice of
occupational therapy as an occupational therapy assistant.
   (d) The unauthorized practice or representation as an occupational
therapist or as an occupational therapy assistant constitutes an
unfair business practice under Section 17200 and false and misleading
advertising under Section 17500.
  SEC. 24.   Section 2570.20 of the Business and Professions Code is
amended to read:
   2570.20.  (a) The board shall administer, coordinate, and enforce
the provisions of this chapter, evaluate the qualifications, and
approve the examinations for licensure under this chapter.
   (b) The board shall adopt rules in accordance with the
Administrative Procedure Act relating to professional conduct to
carry out the purpose of this chapter, including, but not limited to,
rules relating to professional licensure and to the establishment of
ethical standards of practice for persons holding a license to
practice occupational therapy or to assist in the practice of
occupational therapy in this state.
   (c) Proceedings under this chapter shall be conducted in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
  SEC. 25.   Section 2570.26 of the Business and Professions Code is
amended to read:
   2570.26.  (a) The board may, after a hearing, deny, suspend,
revoke, or place on probation a license, inactive license, or limited
permit.
   (b) As used in this chapter, "license" includes a license, limited
permit, or any other authorization to engage in practice regulated
by this chapter.
   (c) The proceedings under this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the board shall
have all the powers granted therein.
   SEC. 26.   Section 2570.28 of the Business and Professions Code is
amended to read:
   2570.28.  The board may deny or discipline a licensee for any of
the following:
   (a) Unprofessional conduct, including, but not limited to, the
following:
   (1) Incompetence or gross negligence in carrying out usual
occupational therapy functions.
   (2) Repeated similar negligent acts in carrying out usual
occupational therapy functions.
   (3) A conviction of practicing medicine without a license in
violation of Chapter 5 (commencing with Section 2000), in which event
a certified copy of the record of conviction shall be conclusive
evidence thereof.
   (4) The use of advertising relating to occupational therapy which
violates Section 17500.
   (5) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action against a licensee by another state or
territory of the United States, by any other government agency, or by
another California health care professional licensing board. A
certified copy of the decision, order, or judgment shall be
conclusive evidence thereof.
   (b) Procuring a license by fraud, misrepresentation, or mistake.
   (c) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision or term of this chapter or any regulation adopted
pursuant to this chapter.
   (d) Making or giving any false statement or information in
connection with the application for issuance or renewal of a license.

   (e) Conviction of a crime or of any offense substantially related
to the qualifications, functions, or duties of a licensee, in which
event the record of the conviction shall be conclusive evidence
thereof.
   (f) Impersonating an applicant or acting as proxy for an applicant
in any examination required under this chapter for the issuance of a
license.
   (g) Impersonating a licensed practitioner, or permitting or
allowing another unlicensed person to use a license.
   (h) Committing any fraudulent, dishonest, or corrupt act that is
substantially related to the qualifications, functions, or duties of
a licensee.
   (i) Committing any act punishable as a sexually related crime, if
that act is substantially related to the qualifications, functions,
or duties of a licensee, in which event a certified copy of the
record of conviction shall be conclusive evidence thereof.
   (j) Using excessive force upon or mistreating or abusing any
patient. For the purposes of this subdivision, "excessive force"
means force clearly in excess of that which would normally be applied
in similar clinical circumstances.
   (k) Falsifying or making grossly incorrect, grossly inconsistent,
or unintelligible entries in a patient or hospital record or any
other record.
   (l) Changing the prescription of a physician and surgeon or
falsifying verbal or written orders for treatment or a diagnostic
regime received, whether or not that action resulted in actual
patient harm.
   (m) Failing to maintain confidentiality of patient medical
information, except as disclosure is otherwise permitted or required
by law.
   (n) Delegating to an unlicensed employee or person a service that
requires the knowledge, skills, abilities, or judgment of a licensee.

   (o) Committing any act that would be grounds for denial of a
license under Section 480.
   (p) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the board,
thereby risking transmission of infectious diseases from licensee to
patient, from patient to patient, or from patient to licensee.
   (1) In administering this subdivision, the board shall consider
referencing the standards, regulations, and guidelines of the State
Department of Public Health developed pursuant to Section 1250.11 of
the Health and Safety Code and the standards, guidelines, and
regulations pursuant to the California Occupational Safety and Health
Act of 1973 (Part 1 (commencing with Section 63001) of Division 5 of
the Labor Code) for preventing the transmission of HIV, hepatitis B,
and other blood-borne pathogens in health care settings. As
necessary to encourage appropriate consistency in the implementation
of this subdivision, the board shall consult with the Medical Board
of California, the Board of Podiatric Medicine, the Dental Board of
California, the Board of Registered Nursing, and the Board of
Vocational Nursing and Psychiatric Technicians.
   (2) The board shall seek to ensure that licensees are informed of
their responsibility to minimize the risk of transmission of
infectious diseases from health care provider to patient, from
patient to patient, and from patient to health care provider, and are
informed of the most recent scientifically recognized safeguards for
minimizing the risks of transmission.
   SEC. 27.   Section 2571 of the Business and Professions Code is
amended to read:
   2571.  (a) An occupational therapist licensed pursuant to this
chapter and approved by the board in the use of physical agent
modalities may apply topical medications prescribed by the patient's
physician and surgeon, certified nurse-midwife pursuant to Section
2746.51, nurse practitioner pursuant to Section 2836.1, or physician
assistant pursuant to Section 3502.1, if the licensee complies with
regulations adopted by the board pursuant to this section.
   (b) The board shall adopt regulations implementing this section,
after meeting and conferring with the Medical Board of California,
the California State Board of Pharmacy, and the Physical Therapy
Board of California, specifying those topical medications applicable
to the practice of occupational therapy and protocols for their use.
   (c) Nothing in this section shall be construed to authorize an
occupational therapist to prescribe medications.
  SEC. 28.   Section 2872.2 of the Business and Professions Code is
amended to read:
   2872.2.  An applicant for license by examination shall submit a
written application in the form prescribed by the board.
    Provided that the application for licensure by examination is
received by the board no later than four months after completion of a
board accredited nursing program and approval of the application,
the board may issue an interim permit authorizing the applicant to
practice vocational nursing pending the results of the first
licensing examination, or for a period of nine months, whichever
occurs first.
   If the applicant passes the examination, the interim permit shall
remain in effect until an initial license is issued by the board or
for a maximum period of six months after passing the examination,
whichever occurs first. If the applicant fails the examination, the
interim permit shall terminate upon notice by certified mail, return
receipt requested, or if the applicant fails to receive the notice,
upon the date specified in the interim permit, whichever occurs
first.
   A permittee shall function under the supervision of a licensed
vocational nurse or a registered nurse, who shall be present and
available on the premises during the time the permittee is rendering
professional services. The supervising licensed vocational nurse or
registered nurse may delegate to the permittee any function taught in
the permittee's basic nursing program.
   An interim permittee shall not use any title or designation other
than vocational nurse interim permittee or "V.N.I.P."
  SEC. 29.   Section 3357 of the Business and Professions Code is
amended to read:
   3357.  (a) An applicant who has fulfilled the requirements of
Section 3352, and has made application therefor, and who proves to
the satisfaction of the bureau that he or she will be supervised and
trained by a hearing aid dispenser who is approved by the bureau may
have a temporary license issued to him or her. The temporary license
shall entitle the temporary licensee to fit or sell hearing aids as
set forth in regulations of the bureau. The supervising dispenser
shall be responsible for any acts or omissions committed by a
temporary licensee under his or her supervision that may constitute a
violation of this chapter.
   (b) The bureau shall adopt regulations setting forth criteria for
its refusal to approve a hearing aid dispenser to supervise a
temporary licensee, including procedures to appeal that decision.
   (c) A temporary license issued pursuant to this section is
effective and valid for six months from date of issue. The bureau may
renew the temporary license for an additional period of six months.
Except as provided in subdivision (d), the bureau shall not issue
more than two renewals of a temporary license to any applicant.
Notwithstanding subdivision (d), if a temporary licensee who is
entitled to renew a temporary license does not renew the temporary
license and applies for a new temporary license at a later time, the
new temporary license shall only be issued and renewed subject to the
limitations set forth in this subdivision.
   (d) A new temporary license may be issued pursuant to this section
if a temporary license issued pursuant to subdivision (c) has lapsed
for a minimum of three years from the expiration or cancellation
date of the previous temporary license. The bureau may issue only one
new temporary license under this subdivision.
   SEC. 30.   Section 3362 of the Business and Professions Code is
amended to read:
   3362.  (a) Before engaging in the practice of fitting or selling
hearing aids, each licensee shall notify the bureau in writing of the
address or addresses where he or she is to engage, or intends to
engage, in the fitting or selling of hearing aids, and of any changes
in his or her place of business within 30 days of engaging in that
practice.
   (b) If a street address is not the address at which the licensee
receives mail, the licensee shall also notify the bureau in writing
of the mailing address for each location where the licensee is to
engage, or intends to engage, in the fitting or selling of hearing
aids, and of any change in the mailing address of his or her place or
places of business.
  SEC. 31.   Section 3366 of the Business and Professions Code is
amended to read:
   3366.  A licensee shall, upon the consummation of a sale of a
hearing aid, keep and maintain records in his or her office or place
of business at all times and each record shall be kept and maintained
for a seven-year period. All records related to the sale and fitting
of hearing aids shall be open to inspection by the bureau or its
authorized representatives upon reasonable notice. The records kept
shall include:
   (a) Results of test techniques as they pertain to fitting of the
hearing aid.
   (b) A copy of the written receipt required by Section 3365 and the
written recommendation and receipt required by Section 3365.5 when
applicable.
   (c) Records of maintenance or calibration of equipment used in the
practice of fitting or selling hearing aids.
  SEC. 32.   Section 3456 of the Business and Professions Code is
amended to read:
   3456.  The amount of fees and penalties prescribed by this chapter
shall be those set forth in this section unless a lower fee is fixed
by the bureau:
   (a) The fee for applicants applying for the first time for a
license is seventy-five dollars ($75), which shall not be refunded,
except to applicants who are found to be ineligible to take an
examination for a license. Those applicants are entitled to a refund
of fifty dollars ($50).
   (b) The fees for taking or retaking the written and practical
examinations shall be amounts fixed by the bureau, which shall be
equal to the actual cost of preparing, grading, analyzing, and
administering the examinations.
   (c) The initial temporary license fee is one hundred dollars
($100). The fee for renewal of a temporary license is one hundred
dollars ($100) for each renewal.
   (d) The initial permanent license fee is two hundred eighty
dollars ($280). The fee for renewal of a permanent license is not
more than two hundred eighty dollars ($280) for each renewal.
   (e) The initial branch office license fee is twenty-five dollars
($25). The fee for renewal of a branch office license is twenty-five
dollars ($25) for each renewal.
   (f) The delinquency fee is twenty-five dollars ($25).
   (g) The fee for issuance of a replacement license is twenty-five
dollars ($25).
   (h) The continuing education course approval application fee is
fifty dollars ($50).
   (i) The fee for official certification of licensure is fifteen
dollars ($15).
   SEC. 33.   Section 3740 of the Business and Professions Code is
amended to read:
   3740.  (a) Except as otherwise provided in this chapter, all
applicants for licensure under this chapter shall have completed an
education program for respiratory care that is accredited by the
Commission on Accreditation for Respiratory Care or its successor and
been awarded a minimum of an associate degree from an institution or
university accredited by a regional accreditation agency or
association recognized by the United States Department of Education.
   (b) Notwithstanding subdivision (a), meeting the following
qualifications shall be deemed equivalent to the required education:
   (1) Enrollment in a baccalaureate degree program in an institution
or university accredited by a regional accreditation agency or
association recognized by the United States Department of Education.
   (2) Completion of science, general academic, and respiratory
therapy coursework commensurate with the requirements for an
associate degree in subdivision (a).
   (c) An applicant whose application is based on a diploma issued to
the applicant by a foreign respiratory therapy school or a
certificate or license issued by another state, district, or
territory of the United States that does not meet the requirements in
subdivision (a) or (b), shall enroll in an advanced standing and
approved respiratory educational program for evaluation of his or her
education and training and furnish documentary evidence,
satisfactory to the board, that he or she satisfies all of the
following requirements:
   (1) Holds an associate degree or higher level degree equivalent to
that required in subdivision (a) or (b).
   (2) Completion of a respiratory therapy educational program
equivalent to that required in subdivision (a) or (b).
   (3) Possession of knowledge and skills to competently and safely
practice respiratory care in accordance with national standards.
   (d) Notwithstanding subdivision (c), an applicant whose
application is based on education provided by a Canadian institution
or university that does not meet the requirements in subdivision (a)
or (b) shall furnish documentary evidence, satisfactory to the board,
that he or she satisfies both of the following requirements:
   (1) Holds a degree equivalent to that required in subdivision (a)
or (b).
   (2) Completion of a respiratory therapy educational program
recognized by the Canadian Board of Respiratory Care.
   (e) A school shall give the director of a respiratory care program
adequate release time to perform his or her administrative duties
consistent with the established policies of the educational
institution.
   (f) Satisfactory evidence as to educational qualifications shall
take the form of certified transcripts of the applicant's college
record mailed directly to the board from the educational institution.
However, the board may require an evaluation of educational
credentials by an evaluation service approved by the board.
   (g) At the board's discretion, it may waive its educational
requirements if evidence is presented and the board deems it as
meeting the current educational requirements that will ensure the
safe and competent practice of respiratory care. This evidence may
include, but is not limited to:
   (1) Work experience.
   (2) Good standing of licensure in another state.
   (3) Previous good standing of licensure in the State of
California.
   (h) Nothing contained in this section shall prohibit the board
from disapproving any respiratory therapy school, nor from denying
the applicant if the instruction, including modalities and
advancements                                               in
technology, received by the applicant or the courses were not
equivalent to that required by the board.
  SEC. 34.   Section 3750.5 of the Business and Professions Code is
amended to read:
   3750.5.  In addition to any other grounds specified in this
chapter, the board may deny, suspend, place on probation, or revoke
the license of any applicant or licenseholder who has done any of the
following:
   (a) Obtained, possessed, used, or administered to himself or
herself in violation of law, or furnished or administered to another,
any controlled substances as defined in Division 10 (commencing with
Section 11000) of the Health and Safety Code, or any dangerous drug
as defined in Article 2 (commencing with Section 4015) of Chapter 9,
except as directed by a licensed physician and surgeon, dentist,
podiatrist, or other authorized health care provider.
   (b) Used any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or any
dangerous drug as defined in Article 2 (commencing with Section
4015) of Chapter 9 of this code, or alcoholic beverages, to an extent
or in a manner dangerous or injurious to himself or herself, or to
others, or that impaired his or her ability to conduct with safety
the practice authorized by his or her license.
   (c) Applied for employment or worked in any health care profession
or environment while under the influence of alcohol.
   (d) Been convicted of a criminal offense involving the consumption
or self-administration of any of the substances described in
subdivisions (a) and (b), or the possession of, or falsification of a
record pertaining to, the substances described in subdivision (a),
in which event the record of the conviction is conclusive evidence
thereof.
   (e) Been committed or confined by a court of competent
jurisdiction for intemperate use of or addiction to the use of any of
the substances described in subdivisions (a), (b), and (c), in which
event the court order of commitment or confinement is prima facie
evidence of that commitment or confinement.
   (f) Falsified, or made grossly incorrect, grossly inconsistent, or
unintelligible entries in any hospital, patient, or other record
pertaining to the substances described in subdivision (a).
   SEC. 35.   Section 3773 of the Business and Professions Code is
amended to read:
   3773.  (a) At the time of application for renewal of a respiratory
care practitioner license, the licensee shall notify the board of
all of the following:
   (1) Whether he or she has been convicted of any crime subsequent
to the licensee's previous renewal.
   (2) The name and address of the licensee's current employer or
employers.
   (b) The licensee shall cooperate in furnishing additional
information as requested by the board. If the licensee fails to
provide the requested information within 30 days, the license shall
be made inactive until the information is received.
  SEC. 36.   Section 4013 is added to the Business and Professions
Code, to read:
   4013.  (a) Any facility licensed by the board shall join the board'
s e-mail notification list within 60 days of obtaining a license or
at the time of license renewal.
   (b) Any facility licensed by the board shall update its e-mail
address with the board's e-mail notification list within 30 days of a
change in the facility's e-mail address.
   (c) This section shall become operative on July 1, 2010.
   SEC. 37.   Section 4101 of the Business and Professions Code is
amended to read:
   4101.  (a) A pharmacist may take charge of and act as the
pharmacist-in-charge of a pharmacy upon application by the pharmacy
and approval by the board. Any pharmacist-in-charge who ceases to act
as the pharmacist-in-charge of the pharmacy shall notify the board
in writing within 30 days of the date of that change in status.
   (b) A designated representative or a pharmacist may take charge
of, and act as, the designated representative-in-charge of a
wholesaler or veterinary food drug-animal retailer upon application
by the wholesaler or veterinary food drug-animal retailer and
approval by the board. Any designated representative-in-charge who
ceases to act as the designated representative-in-charge at that
entity shall notify the board in writing within 30 days of the date
of that change in status.
  SEC. 38.   Section 4112 of the Business and Professions Code is
amended to read:
   4112.  (a) Any pharmacy located outside this state that ships,
mails, or delivers, in any manner, controlled substances, dangerous
drugs, or dangerous devices into this state shall be considered a
nonresident pharmacy.
   (b) A person may not act as a nonresident pharmacy unless he or
she has obtained a license from the board. The board may register a
nonresident pharmacy that is organized as a limited liability company
in the state in which it is licensed.
   (c) A nonresident pharmacy shall disclose to the board the
location, names, and titles of (1) its agent for service of process
in this state, (2) all principal corporate officers, if any, (3) all
general partners, if any, and (4) all pharmacists who are dispensing
controlled substances, dangerous drugs, or dangerous devices to
residents of this state. A report containing this information shall
be made on an annual basis and within 30 days after any change of
office, corporate officer, partner, or pharmacist.
   (d) All nonresident pharmacies shall comply with all lawful
directions and requests for information from the regulatory or
licensing agency of the state in which it is licensed as well as with
all requests for information made by the board pursuant to this
section. The nonresident pharmacy shall maintain, at all times, a
valid unexpired license, permit, or registration to conduct the
pharmacy in compliance with the laws of the state in which it is a
resident. As a prerequisite to registering with the board, the
nonresident pharmacy shall submit a copy of the most recent
inspection report resulting from an inspection conducted by the
regulatory or licensing agency of the state in which it is located.
   (e) All nonresident pharmacies shall maintain records of
controlled substances, dangerous drugs, or dangerous devices
dispensed to patients in this state so that the records are readily
retrievable from the records of other drugs dispensed.
   (f) Any pharmacy subject to this section shall, during its regular
hours of operation, but not less than six days per week, and for a
minimum of 40 hours per week, provide a toll-free telephone service
to facilitate communication between patients in this state and a
pharmacist at the pharmacy who has access to the patient's records.
This toll-free telephone number shall be disclosed on a label affixed
to each container of drugs dispensed to patients in this state.
   (g) The board shall adopt regulations that apply the same
requirements or standards for oral consultation to a nonresident
pharmacy that operates pursuant to this section and ships, mails, or
delivers any controlled substances, dangerous drugs, or dangerous
devices to residents of this state, as are applied to an in-state
pharmacy that operates pursuant to Section 4037 when the pharmacy
ships, mails, or delivers any controlled substances, dangerous drugs,
or dangerous devices to residents of this state. The board shall not
adopt any regulations that require face-to-face consultation for a
prescription that is shipped, mailed, or delivered to the patient.
The regulations adopted pursuant to this subdivision shall not result
in any unnecessary delay in patients receiving their medication.
   (h) The registration fee shall be the fee specified in subdivision
(a) of Section 4400.
   (i) The registration requirements of this section shall apply only
to a nonresident pharmacy that ships, mails, or delivers controlled
substances, dangerous drugs, and dangerous devices into this state
pursuant to a prescription.
   (j) Nothing in this section shall be construed to authorize the
dispensing of contact lenses by nonresident pharmacists except as
provided by Section 4124.
  SEC. 39.   Section 4113 of the Business and Professions Code is
amended to read:
   4113.  (a) Every pharmacy shall designate a pharmacist-in-charge
and, within 30 days thereof, shall notify the board in writing of the
identity and license number of that pharmacist and the date he or
she was designated.
   (b) The proposed pharmacist-in-charge shall be subject to approval
by the board. The board shall not issue or renew a pharmacy license
without identification of an approved pharmacist-in-charge for the
pharmacy.
   (c) The pharmacist-in-charge shall be responsible for a pharmacy's
compliance with all state and federal laws and regulations
pertaining to the practice of pharmacy.
   (d) Every pharmacy shall notify the board in writing, on a form
designed by the board, within 30 days of the date when a
pharmacist-in-charge ceases to act as the pharmacist-in-charge, and
shall on the same form propose another pharmacist to take over as the
pharmacist-in-charge. The proposed replacement pharmacist-in-charge
shall be subject to approval by the board. If disapproved, the
pharmacy shall propose another replacement within 15 days of the date
of disapproval and shall continue to name proposed replacements
until a pharmacist-in-charge is approved by the board.
   (e) If a pharmacy is unable, in the exercise of reasonable
diligence, to identify within 30 days a permanent replacement
pharmacist-in-charge to propose to the board on the notification
form, the pharmacy may instead provide on that form the name of any
pharmacist who is an employee, officer, or administrator of the
pharmacy or the entity that owns the pharmacy and who is actively
involved in the management of the pharmacy on a daily basis, to act
as the interim pharmacist-in-charge for a period not to exceed 120
days. The pharmacy, or the entity that owns the pharmacy, shall be
prepared during normal business hours to provide a representative of
the board with the name of the interim pharmacist-in-charge with
documentation of the active involvement of the interim
pharmacist-in-charge in the daily management of the pharmacy, and
with documentation of the pharmacy's good faith efforts prior to
naming the interim pharmacist-in-charge to obtain a permanent
pharmacist-in-charge. By no later than 120 days following the
identification of the interim pharmacist-in-charge, the pharmacy
shall propose to the board the name of a pharmacist to serve as the
permanent pharmacist-in-charge. The proposed permanent
pharmacist-in-charge shall be subject to approval by the board. If
disapproved, the pharmacy shall propose another replacement within 15
days of the date of disapproval, and shall continue to name proposed
replacements until a pharmacist-in-charge is approved by the board.
   SEC. 40.   Section 4146 is added to the Business and Professions
Code, to read:
   4146.  A pharmacy may accept the return of needles and syringes
from the public if contained in a sharps container, as defined in
Section 117750 of the Health and Safety Code.
   SEC. 41.   Section 4160 of the Business and Professions Code is
amended to read:
   4160.  (a) A person may not act as a wholesaler of any dangerous
drug or dangerous device unless he or she has obtained a license from
the board.
   (b) Upon approval by the board and the payment of the required
fee, the board shall issue a license to the applicant.
   (c) A separate license shall be required for each place of
business owned or operated by a wholesaler. Each license shall be
renewed annually and shall not be transferable.
   (d) Every wholesaler shall be supervised or managed by a
designated representative-in-charge. The designated
representative-in-charge shall be responsible for the wholesaler's
compliance with state and federal laws governing wholesalers. As part
of its initial application for a license, and for each renewal, each
wholesaler shall, on a form designed by the board, provide
identifying information and the California license number for a
designated representative or pharmacist proposed to serve as the
designated representative-in-charge. The proposed designated
representative-in-charge shall be subject to approval by the board.
The board shall not issue or renew a wholesaler license without
identification of an approved designated representative-in-charge for
the wholesaler.
   (e) Every wholesaler shall notify the board in writing, on a form
designed by the board, within 30 days of the date when a designated
representative-in-charge ceases to act as the designated
representative-in-charge, and shall on the same form propose another
designated representative or pharmacist to take over as the
designated representative-in-charge. The proposed replacement
designated representative-in-charge shall be subject to approval by
the board. If disapproved, the wholesaler shall propose another
replacement within 15 days of the date of disapproval, and shall
continue to name proposed replacements until a designated
representative-in-charge is approved by the board.
   (f) A drug manufacturer premises licensed by the Food and Drug
Administration or licensed pursuant to Section 111615 of the Health
and Safety Code that only distributes dangerous drugs and dangerous
devices of its own manufacture is exempt from this section and
Section 4161.
   (g) The board may issue a temporary license, upon conditions and
for periods of time as the board determines to be in the public
interest. A temporary license fee shall be five hundred fifty dollars
($550) or another amount established by the board not to exceed the
annual fee for renewal of a license to compound injectable sterile
drug products. When needed to protect public safety, a temporary
license may be issued for a period not to exceed 180 days, subject to
terms and conditions that the board deems necessary. If the board
determines that a temporary license was issued by mistake or denies
the application for a permanent license, the temporary license shall
terminate upon either personal service of the notice of termination
upon the licenseholder or service by certified mail, return receipt
requested, at the licenseholder's address of record with the board,
whichever occurs first. Neither for purposes of retaining a temporary
license, nor for purposes of any disciplinary or license denial
proceeding before the board, shall the temporary licenseholder be
deemed to have a vested property right or interest in the license.
  SEC. 42.  Section 4160 of the Business and Professions Code is
amended to read:
   4160.  (a) A person may not act as a wholesaler of any dangerous
drug or dangerous device unless he or she has obtained a license from
the board.
   (b) Upon approval by the board and the payment of the required
fee, the board shall issue a license to the applicant.
   (c) A separate license shall be required for each place of
business owned or operated by a wholesaler. Each license shall be
renewed annually and shall not be transferable.
   (d) Every wholesaler shall be supervised or managed by a
designated representative-in-charge. The designated
representative-in-charge shall be responsible for the wholesaler's
compliance with state and federal laws governing wholesalers. As part
of its initial application for a license, and for each renewal, each
wholesaler shall, on a form designed by the board, provide
identifying information and the California license number for a
designated representative or pharmacist proposed to serve as the
designated representative-in-charge. The proposed designated
representative-in-charge shall be subject to approval by the board.
The board shall not issue or renew a wholesaler license without
identification of an approved designated representative-in-charge for
the wholesaler.
   (e) Every wholesaler shall notify the board in writing, on a form
designed by the board, within 30 days of the date when a designated
representative-in-charge ceases to act as the designated
representative-in-charge, and shall on the same form propose another
designated representative or pharmacist to take over as the
designated representative-in-charge. The proposed replacement
designated representative-in-charge shall be subject to approval by
the board. If disapproved, the wholesaler shall propose another
replacement within 15 days of the date of disapproval, and shall
continue to name proposed replacements until a designated
representative-in-charge is approved by the board.
   (f) A drug manufacturer premises licensed by the Food and Drug
Administration or licensed pursuant to Section 111615 of the Health
and Safety Code that only distributes dangerous drugs and dangerous
devices of its own manufacture is exempt from this section and
Section 4161.
   (g) The board may issue a temporary license, upon conditions and
for periods of time as the board determines to be in the public
interest. A temporary license fee shall be required in an amount
established by the board as specified in subdivision (f) of Section
4400. When needed to protect public safety, a temporary license may
be issued for a period not to exceed 180 days, subject to terms and
conditions that the board deems necessary. If the board determines
that a temporary license was issued by mistake or denies the
application for a permanent license, the temporary license shall
terminate upon either personal service of the notice of termination
upon the licenseholder or service by certified mail, return receipt
requested, at the licenseholder's address of record with the board,
whichever occurs first. Neither for purposes of retaining a temporary
license, nor for purposes of any disciplinary or license denial
proceeding before the board, shall the temporary licenseholder be
deemed to have a vested property right or interest in the license.
  SEC. 43.  Section 4196 of the Business and Professions Code is
amended to read:
   4196.  (a) No person shall conduct a veterinary food-animal drug
retailer in the State of California unless he or she has obtained a
license from the board. A license shall be required for each
veterinary food-animal drug retailer owned or operated by a specific
person. A separate license shall be required for each of the premises
of any person operating a veterinary food-animal drug retailer in
more than one location. The license shall be renewed annually and
shall not be transferable.
   (b) The board may issue a temporary license, upon conditions and
for periods of time as the board determines to be in the public
interest. A temporary license fee shall be fixed by the board at an
amount not to exceed the annual fee for renewal of a license to
conduct a veterinary food-animal drug retailer.
   (c) No person other than a pharmacist, an intern pharmacist, a
designated representative, an authorized officer of the law, or a
person authorized to prescribe, shall be permitted in that area,
place, or premises described in the permit issued by the board
pursuant to Section 4041, wherein veterinary food-animal drugs are
stored, possessed, or repacked. A pharmacist or designated
representative shall be responsible for any individual who enters the
veterinary food-animal drug retailer for the purpose of performing
clerical, inventory control, housekeeping, delivery, maintenance, or
similar functions relating to the veterinary food-animal drug
retailer.
   (d) Every veterinary food-animal drug retailer shall be supervised
or managed by a designated representative-in-charge. The designated
representative-in-charge shall be responsible for the veterinary
food-animal drug retailer's compliance with state and federal laws
governing veterinary food-animal drug retailers. As part of its
initial application for a license, and for each renewal, each
veterinary food-animal drug retailer shall, on a form designed by the
board, provide identifying information and the California license
number for a designated representative or pharmacist proposed to
serve as the designated representative-in-charge. The proposed
designated representative-in-charge shall be subject to approval by
the board. The board shall not issue or renew a veterinary
food-animal drug retailer license without identification of an
approved designated representative-in-charge for the veterinary
food-animal drug retailer.
   (e) Every veterinary food-animal drug retailer shall notify the
board in writing, on a form designed by the board, within 30 days of
the date when a designated representative-in-charge who ceases to act
as the designated representative or pharmacist to take over as the
designated representative-in-charge. The proposed replacement
designated representative-in-charge shall be subject to approval by
the board. If disapproved, the veterinary food-animal drug retailer
shall propose another replacement within 15 days of the date of
disapproval, and shall continue to name proposed replacements until a
designated representative-in-charge is approved by the board.
   (f) For purposes of this section, designated
representative-in-charge means a person granted a designated
representative license pursuant to Section 4053, or a registered
pharmacist, who is the supervisor or manager of the facility.
  SEC. 44.  Section 4200.3 of the Business and Professions Code is
amended to read:
   4200.3.  (a) The examination process shall be regularly reviewed
pursuant to Section 139.
   (b) The examination process shall meet the standards and
guidelines set forth in the Standards for Educational and
Psychological Testing and the Federal Uniform Guidelines for Employee
Selection Procedures. The board shall work with the Office of
Professional Examination Services of the department or with an
equivalent organization who shall certify at minimum once every five
years that the examination process meets these national testing
standards. If the department determines that the examination process
fails to meet these standards, the board shall terminate its use of
the North American Pharmacy Licensure Examination and shall use only
the written and practical examination developed by the board.
   (c) The examination shall meet the mandates of subdivision (a) of
Section 12944 of the Government Code.
   (d) The board shall work with the Office of Professional
Examination Services or with an equivalent organization to develop
the state jurisprudence examination to ensure that applicants for
licensure are evaluated on their knowledge of applicable state laws
and regulations.
   (e) The board shall annually publish the pass and fail rates for
the pharmacist's licensure examination administered pursuant to
Section 4200, including a comparison of historical pass and fail
rates before utilization of the North American Pharmacist Licensure
Examination.
   (f) The board shall report to the Joint Committee on Boards,
Commissions, and Consumer Protection and the department as part of
its next scheduled review, the pass rates of applicants who sat for
the national examination compared with the pass rates of applicants
who sat for the prior state examination. This report shall be a
component of the evaluation of the examination process that is based
on psychometrically sound principles for establishing minimum
qualifications and levels of competency.
  SEC. 45.  Section 4200.4 of the Business and Professions Code is
amended to read:
   4200.4.  An applicant who fails the national examination may not
retake the examination for at least 90 days or for a period
established by regulations adopted by the board in consultation with
the Office of Professional Examination Services of the department.
  SEC. 46.  Section 4510.1 of the Business and Professions Code is
amended to read:
   4510.1.  An applicant for license by examination shall submit a
written application in the form prescribed by the board. Provided
that the application for licensure is received by the board no later
than four months after completion of a board accredited psychiatric
technician program and approval of the application, the board may
issue an interim permit authorizing the applicant to practice all
skills included in the permittee's basic course of study, pending the
results of the first licensing examination, or for a period of nine
months, whichever occurs first.
   A permittee shall function under the supervision of a licensed
psychiatric technician or a registered nurse, who shall be present
and available on the premises during the time the permittee is
rendering professional services. The permittee may perform any
function taught in the permittee's basic psychiatric technician
program.
   If the applicant passes the examination, the interim permit shall
remain in effect until an initial license is issued by the board or
for a maximum period of six months after passing the examination,
whichever occurs first. If the applicant fails the examination, the
interim permit shall terminate upon notice by certified mail, return
receipt requested, or if the applicant fails to receive the notice,
upon the date specified in the interim permit, whichever occurs
first. An interim permittee shall not use any title or designation
other than psychiatric technician interim permittee or "P.T.I.P."
  SEC. 47.  Section 4933 of the Business and Professions Code is
amended to read:
   4933.  (a) The board shall administer this chapter.
   (b) The board may adopt, amend, or repeal, in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
regulations as may be necessary to enable it to carry into effect the
provisions of law relating to the practice of acupuncture.
   (c)  Four members of the board, including at least one
acupuncturist, shall constitute a quorum to conduct business.
   (d) It shall require an affirmative vote of a majority of those
present at a meeting of the board to take any action or pass any
motion.
  SEC. 48.  Section 4938 of the Business and Professions Code is
amended to read:
   4938.  The board shall issue a license to practice acupuncture to
any person who makes an application and meets the following
requirements:
   (a) Is at least 18 years of age.
   (b) Furnishes satisfactory evidence of completion of one of the
following:
   (1) An educational and training program approved by the board
pursuant to Section 4939.
   (2) Satisfactory completion of a tutorial program in the practice
of an acupuncturist which is approved by the board.
   (3) In the case of an applicant who has completed education and
training outside the United States and Canada, documented educational
training and clinical experience which meets the standards
established pursuant to Sections 4939 and 4941.
                    (c) Passes a written examination administered by
the board that tests the applicant's ability, competency, and
knowledge in the practice of an acupuncturist. The written
examination shall be developed by the Office of Professional
Examination Services of the Department of Consumer Affairs.
   (d) Is not subject to denial pursuant to Division 1.5 (commencing
with Section 475).
   (e) Completes a clinical internship training program approved by
the board. The clinical internship training program shall not exceed
nine months in duration and shall be located in a clinic in this
state, which is approved by the board pursuant to Section 4939. The
length of the clinical internship shall depend upon the grades
received in the examination and the clinical training already
satisfactorily completed by the individual prior to taking the
examination. On and after January 1, 1987, individuals with 800 or
more hours of documented clinical training shall be deemed to have
met this requirement. The purpose of the clinical internship training
program shall be to ensure a minimum level of clinical competence.
   Each applicant who qualifies for a license shall pay, as a
condition precedent to its issuance and in addition to other fees
required, the initial licensure fee.
  SEC. 49.  Section 4980.45 of the Business and Professions Code is
amended to read:
   4980.45.  (a) A licensed professional in private practice who has
satisfied the requirements of subdivision (g) of Section 4980.03 may
supervise or employ, at any one time, no more than a total of two
individuals registered as either a marriage and family therapist
intern or associate clinical social worker in that private practice.
   (b) A marriage and family therapy corporation may employ, at any
one time, no more than a total of two individuals registered as
either a marriage and family therapist intern or associate clinical
social worker for each employee or shareholder who has satisfied the
requirements of subdivision (g) of Section 4980.03. In no event shall
any corporation employ, at any one time, more than a total of 10
individuals registered as either a marriage and family therapist
intern or associate clinical social worker. In no event shall any
supervisor supervise, at any one time, more than a total of two
individuals registered as either a marriage and family therapist
intern or associate clinical social worker. Persons who supervise
individuals registered as either a marriage and family therapist
intern or associate clinical social worker shall be employed full
time by the professional corporation and shall be actively engaged in
performing professional services at and for the professional
corporation. Employment and supervision within a marriage and family
therapy corporation shall be subject to all laws and regulations
governing experience and supervision gained in a private practice
setting.
  SEC. 50.  Section 4980.48 of the Business and Professions Code is
amended to read:
   4980.48.  (a) A trainee shall inform each client or patient, prior
to performing any professional services, that he or she is
unlicensed and under the supervision of a licensed marriage and
family therapist, a licensed clinical social worker, a licensed
psychologist, or a licensed physician certified in psychiatry by the
American Board of Psychiatry and Neurology.
   (b) Any person that advertises services performed by a trainee
shall include the trainee's name, the supervisor's license
designation or abbreviation, and the supervisor's license number.
  SEC. 51.  Section 4982 of the Business and Professions Code is
amended to read:
   4982.  The board may deny a license or registration or may suspend
or revoke the license or registration of a licensee or registrant if
he or she has been guilty of unprofessional conduct. Unprofessional
conduct includes, but is not limited to, the following:
   (a) The conviction of a crime substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The board may
inquire into the circumstances surrounding the commission of the
crime in order to fix the degree of discipline or to determine if the
conviction is substantially related to the qualifications,
functions, or duties of a licensee or registrant under this chapter.
A plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter shall be deemed to be a conviction within the
meaning of this section. The board may order any license or
registration suspended or revoked, or may decline to issue a license
or registration when the time for appeal has elapsed, or the judgment
of conviction has been affirmed on appeal, or, when an order
granting probation is made suspending the imposition of sentence,
irrespective of a subsequent order under Section 1203.4 of the Penal
Code allowing the person to withdraw a plea of guilty and enter a
plea of not guilty, or setting aside the verdict of guilty, or
dismissing the accusation, information, or indictment.
   (b) Securing a license or registration by fraud, deceit, or
misrepresentation on any application for licensure or registration
submitted to the board, whether engaged in by an applicant for a
license or registration, or by a licensee in support of any
application for licensure or registration.
   (c) Administering to himself or herself any controlled substance
or using of any of the dangerous drugs specified in Section 4022, or
of any alcoholic beverage to the extent, or in a manner, as to be
dangerous or injurious to the person applying for a registration or
license or holding a registration or license under this chapter, or
to any other person, or to the public, or, to the extent that the use
impairs the ability of the person applying for or holding a
registration or license to conduct with safety to the public the
practice authorized by the registration or license. The board shall
deny an application for a registration or license or revoke the
license or registration of any person, other than one who is licensed
as a physician and surgeon, who uses or offers to use drugs in the
course of performing marriage and family therapy services.
   (d) Gross negligence or incompetence in the performance of
marriage and family therapy.
   (e) Violating, attempting to violate, or conspiring to violate any
of the provisions of this chapter or any regulation adopted by the
board.
   (f) Misrepresentation as to the type or status of a license or
registration held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.

   (g) Impersonation of another by any licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee, allowing any other person to use his or her license or
registration.
   (h) Aiding or abetting, or employing, directly or indirectly, any
unlicensed or unregistered person to engage in conduct for which a
license or registration is required under this chapter.
   (i) Intentionally or recklessly causing physical or emotional harm
to any client.
   (j) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
   (k) Engaging in sexual relations with a client, or a former client
within two years following termination of therapy, soliciting sexual
relations with a client, or committing an act of sexual abuse, or
sexual misconduct with a client, or committing an act punishable as a
sexually related crime, if that act or solicitation is substantially
related to the qualifications, functions, or duties of a marriage
and family therapist.
   (l) Performing, or holding oneself out as being able to perform,
or offering to perform, or permitting any trainee or registered
intern under supervision to perform, any professional services beyond
the scope of the license authorized by this chapter.
   (m) Failure to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client that is obtained from tests or
other means.
   (n) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
   (o) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional counseling
services actually provided by the licensee. Nothing in this
subdivision shall prevent collaboration among two or more licensees
in a case or cases. However, no fee shall be charged for that
collaboration, except when disclosure of the fee has been made in
compliance with subdivision (n).
   (p) Advertising in a manner that is false, fraudulent, misleading,
or deceptive, as defined in Section 651.
   (q) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device.
   (r) Any conduct in the supervision of any registered intern,
associate clinical social worker, or trainee by any licensee that
violates this chapter or any rules or regulations adopted by the
board.
   (s) Performing or holding oneself out as being able to perform
professional services beyond the scope of one's competence, as
established by one's education, training, or experience. This
subdivision shall not be construed to expand the scope of the license
authorized by this chapter.
   (t) Permitting a trainee or registered intern under one's
supervision or control to perform, or permitting the trainee or
registered intern to hold himself or herself out as competent to
perform, professional services beyond the trainee's or registered
intern's level of education, training, or experience.
   (u) The violation of any statute or regulation governing the
gaining and supervision of experience required by this chapter.
   (v) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
   (w) Failure to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
   (x) Failure to comply with the elder and dependent adult abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
   (y) Willful violation of Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code.
   (z) Failure to comply with Section 2290.5.
   (aa) (1) Engaging in an act described in Section 261, 286, 288a,
or 289 of the Penal Code with a minor or an act described in Section
288 or 288.5 of the Penal Code regardless of whether the act occurred
prior to or after the time the registration or license was issued by
the board. An act described in this subdivision occurring prior to
the effective date of this subdivision shall constitute
unprofessional conduct and shall subject the licensee to refusal,
suspension, or revocation of a license under this section.
   (2) The Legislature hereby finds and declares that protection of
the public, and in particular minors, from sexual misconduct by a
licensee is a compelling governmental interest, and that the ability
to suspend or revoke a license for sexual conduct with a minor
occurring prior to the effective date of this section is equally
important to protecting the public as is the ability to refuse a
license for sexual conduct with a minor occurring prior to the
effective date of this section.
   (ab) Engaging in any conduct that subverts or attempts to subvert
any licensing examination or the administration of an examination as
described in Section 123.
  SEC. 52.  Section 4982.2 of the Business and Professions Code is
amended to read:
   4982.2.  (a) A licensed marriage and family therapist, marriage
and family therapist intern, licensed clinical social worker,
associate clinical social worker, or licensed educational
psychologist whose license or registration has been revoked or
suspended or who has been placed on probation may petition the board
for reinstatement or modification of the penalty, including
modification or termination of probation, after a period not less
than the following minimum periods has elapsed from the effective
date of the decision ordering the disciplinary action, or if the
order of the board, or any portion of it, is stayed by the board
itself, or by the superior court, from the date the disciplinary
action is actually implemented in its entirety:
   (1) At least three years for reinstatement of a license or
registration that was revoked for unprofessional conduct, except that
the board may, in its sole discretion at the time of adoption,
specify in its order that a petition for reinstatement may be filed
after two years.
   (2) At least two years for early termination of any probation
period of three years, or more.
   (3) At least one year for modification of a condition, or
reinstatement of a license or registration revoked for mental or
physical illness, or termination of probation of less than three
years.
   (b) The petition may be heard by the board itself, or the board
may assign the petition to an administrative law judge pursuant to
Section 11512 of the Government Code. The board shall give notice to
the Attorney General of the filing of the petition. The petitioner
and the Attorney General shall be given timely notice by letter of
the time and place of the hearing on the petition, and an opportunity
to present both oral and documentary evidence and argument to the
board. The petitioner shall at all times have the burden of
production and proof to establish by clear and convincing evidence
that he or she is entitled to the relief sought in the petition. The
board, when it is hearing the petition itself, or an administrative
law judge sitting for the board, may consider all activities of the
petitioner since the disciplinary action was taken, the offense for
which the petitioner was disciplined, the petitioner's activities
during the time his or her license was in good standing, and the
petitioner's rehabilitative efforts, general reputation for truth,
and professional ability.
   (c) The hearing may be continued from time to time as the board or
the administrative law judge deems appropriate.
   (d) The board itself, or the administrative law judge if one is
designated by the board, shall hear the petition and shall prepare a
written decision setting forth the reasons supporting the decision.
In a decision granting a petition reinstating a license or modifying
a penalty, the board itself, or the administrative law judge may
impose any terms and conditions that the agency deems reasonably
appropriate, including those set forth in Sections 823 and 4982.15.
Where a petition is heard by an administrative law judge sitting
alone, the administrative law judge shall prepare a proposed decision
and submit it to the board.
   (e) The board may take action with respect to the proposed
decision and petition as it deems appropriate.
   (f) The petition shall be on a form provided by the board, and
shall state any facts and information as may be required by the board
including, but not limited to, proof of compliance with the terms
and conditions of the underlying disciplinary order.
   (g) The petitioner shall pay a fingerprinting fee and provide a
current set of his or her fingerprints to the board. The petitioner
shall execute a form authorizing release to the board or its
designee, of all information concerning the petitioner's current
physical and mental condition. Information provided to the board
pursuant to the release shall be confidential and shall not be
subject to discovery or subpoena in any other proceeding, and shall
not be admissible in any action, other than before the board, to
determine the petitioner's fitness to practice as required by Section
822.
   (h) The petition shall be verified by the petitioner, who shall
file an original and sufficient copies of the petition, together with
any supporting documents, for the members of the board, the
administrative law judge, and the Attorney General.
   (i) The board may delegate to its executive officer authority to
order investigation of the contents of the petition, but in no case,
may the hearing on the petition be delayed more than 180 days from
its filing without the consent of the petitioner.
   (j) The petitioner may request that the board schedule the hearing
on the petition for a board meeting at a specific city where the
board regularly meets.
   (k) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole, or the
petitioner is required to register pursuant to Section 290 of the
Penal Code. No petition shall be considered while there is an
accusation or petition to revoke probation pending against the
petitioner.
   (l) Except in those cases where the petitioner has been
disciplined for violation of Section 822, the board may in its
discretion deny without hearing or argument any petition that is
filed pursuant to this section within a period of two years from the
effective date of a prior decision following a hearing under this
section.
  SEC. 53.  Section 4989.22 of the Business and Professions Code is
amended to read:
   4989.22.  (a) Only persons who satisfy the requirements of Section
4989.20 are eligible to take the licensure examination.
   (b) An applicant who fails the written examination may, within one
year from the notification date of failure, retake the examination
as regularly scheduled without further application. Thereafter, the
applicant shall not be eligible for further examination until he or
she files a new application, meets all current requirements, and pays
all fees required.
   (c) Notwithstanding any other provision of law, the board may
destroy all examination materials two years after the date of an
examination.
   (d) The board shall not deny any applicant, whose application for
licensure is complete, admission to the standard written examination,
nor shall the board postpone or delay any applicant's standard
written examination or delay informing the candidate of the results
of the standard written examination, solely upon the receipt by the
board of a complaint alleging acts or conduct that would constitute
grounds to deny licensure.
   (e) If an applicant for examination who has passed the standard
written examination is the subject of a complaint or is under board
investigation for acts or conduct that, if proven to be true, would
constitute grounds for the board to deny licensure, the board shall
permit the applicant to take the clinical vignette written
examination for licensure, but may withhold the results of the
examination or notify the applicant that licensure will not be
granted pending completion of the investigation.
   (f) Notwithstanding Section 135, the board may deny any applicant
who has previously failed either the standard written or clinical
vignette written examination permission to retake either examination
pending completion of the investigation of any complaint against the
applicant. Nothing in this section shall prohibit the board from
denying an applicant admission to any examination, withholding the
results, or refusing to issue a license to any applicant when an
accusation or statement of issues has been filed against the
applicant pursuant to Section 11503 or 11504 of the Government Code,
or the applicant has been denied in accordance with subdivision (b)
of Section 485.
  SEC. 54.  Section 4989.49 is added to the Business and Professions
Code, to read:
   4989.49.  "Advertising," as used in this chapter, includes, but is
not limited to, any public communication as defined in subdivision
(a) of Section 651, the issuance of any card, sign, or device to any
person, or the causing, permitting, or allowing of any sign or
marking on, or in, any building or structure, or in any newspaper,
magazine, or directory, or any printed matter whatsoever, with or
without any limiting qualification. Signs within religious buildings
or notices in bulletins from a religious organization mailed to a
congregation shall not be construed as advertising within the meaning
of this chapter.
  SEC. 55.  Section 4989.54 of the Business and Professions Code is
amended to read:
   4989.54.  The board may deny a license or may suspend or revoke
the license of a licensee if he or she has been guilty of
unprofessional conduct. Unprofessional conduct includes, but is not
limited to, the following:
   (a) Conviction of a crime substantially related to the
qualifications, functions, and duties of an educational psychologist.

   (1) The record of conviction shall be conclusive evidence only of
the fact that the conviction occurred.
   (2) The board may inquire into the circumstances surrounding the
commission of the crime in order to fix the degree of discipline or
to determine if the conviction is substantially related to the
qualifications, functions, or duties of a licensee under this
chapter.
   (3) A plea or verdict of guilty or a conviction following a plea
of nolo contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee under this chapter
shall be deemed to be a conviction within the meaning of this
section.
   (4) The board may order a license suspended or revoked, or may
decline to issue a license when the time for appeal has elapsed, or
the judgment of conviction has been affirmed on appeal, or when an
order granting probation is made suspending the imposition of
sentence, irrespective of a subsequent order under Section 1203.4 of
the Penal Code allowing the person to withdraw a plea of guilty and
enter a plea of not guilty or setting aside the verdict of guilty or
dismissing the accusation, information, or indictment.
   (b) Securing a license by fraud, deceit, or misrepresentation on
an application for licensure submitted to the board, whether engaged
in by an applicant for a license or by a licensee in support of an
application for licensure.
   (c) Administering to himself or herself a controlled substance or
using any of the dangerous drugs specified in Section 4022 or an
alcoholic beverage to the extent, or in a manner, as to be dangerous
or injurious to himself or herself or to any other person or to the
public or to the extent that the use impairs his or her ability to
safely perform the functions authorized by the license. The board
shall deny an application for a license or revoke the license of any
person, other than one who is licensed as a physician and surgeon,
who uses or offers to use drugs in the course of performing
educational psychology.
   (d)  Failure to comply with the consent provisions in Section
2290.5.
   (e) Advertising in a manner that is false, fraudulent, misleading,
or deceptive, as defined in Section 651.
   (f) Violating, attempting to violate, or conspiring to violate any
of the provisions of this chapter or any regulation adopted by the
board.
   (g) Commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee.
   (h) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by another state or territory
or possession of the United States or by any other governmental
agency, on a license, certificate, or registration to practice
educational psychology or any other healing art. A certified copy of
the disciplinary action, decision, or judgment shall be conclusive
evidence of that action.
   (i) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice as a clinical
social worker or marriage and family therapist.
   (j) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
   (k) Gross negligence or incompetence in the practice of
educational psychology.
   (l) Misrepresentation as to the type or status of a license held
by the licensee or otherwise misrepresenting or permitting
misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.

   (m) Intentionally or recklessly causing physical or emotional harm
to any client.
   (n) Engaging in sexual relations with a client or a former client
within two years following termination of professional services,
soliciting sexual relations with a client, or committing an act of
sexual abuse or sexual misconduct with a client or committing an act
punishable as a sexually related crime, if that act or solicitation
is substantially related to the qualifications, functions, or duties
of a licensed educational psychologist.
   (o) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services or the basis upon which that fee will be
computed.
   (p) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients.
   (q) Failing to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client that is obtained from tests or
other means.
   (r) Performing, holding himself or herself out as being able to
perform, or offering to perform any professional services beyond the
scope of the license authorized by this chapter or beyond his or her
field or fields of competence as established by his or her education,
training, or experience.
   (s) Reproducing or describing in public, or in any publication
subject to general public distribution, any psychological test or
other assessment device the value of which depends in whole or in
part on the naivete of the subject in ways that might invalidate the
test or device. An educational psychologist shall limit access to the
test or device to persons with
            professional interests who can be expected to safeguard
its use.
   (t) Aiding or abetting an unlicensed person to engage in conduct
requiring a license under this chapter.
   (u) When employed by another person or agency, encouraging, either
orally or in writing, the employer's or agency's clientele to
utilize his or her private practice for further counseling without
the approval of the employing agency or administration.
   (v) Failing to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
   (w) Failing to comply with the elder and adult dependent abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
   (x) Willful violation of Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code.
   (y) (1) Engaging in an act described in Section 261, 286, 288a, or
289 of the Penal Code with a minor or an act described in Section
288 or 288.5 of the Penal Code regardless of whether the act occurred
prior to or after the time the registration or license was issued by
the board. An act described in this subdivision occurring prior to
the effective date of this subdivision shall constitute
unprofessional conduct and shall subject the licensee to refusal,
suspension, or revocation of a license under this section.
   (2) The Legislature hereby finds and declares that protection of
the public, and in particular minors, from sexual misconduct by a
licensee is a compelling governmental interest, and that the ability
to suspend or revoke a license for sexual conduct with a minor
occurring prior to the effective date of this section is equally
important to protecting the public as is the ability to refuse a
license for sexual conduct with a minor occurring prior to the
effective date of this section.
   (z) Engaging in any conduct that subverts or attempts to subvert
any licensing examination or the administration of the examination as
described in Section 123.
   (aa) Impersonation of another by any licensee or applicant for a
license, or, in the case of a licensee, allowing any other person to
use his or her license.
   (ab) Permitting a person under his or her supervision or control
to perform, or permitting that person to hold himself or herself out
as competent to perform, professional services beyond the level of
education, training, or experience of that person.
  SEC. 56.  Section 4992.1 of the Business and Professions Code is
amended to read:
   4992.1.  (a) Only individuals who have the qualifications
prescribed by the board under this chapter are eligible to take the
examination.
   (b) Every applicant who is issued a clinical social worker license
shall be examined by the board.
   (c) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
   (d) The board shall not deny any applicant, whose application for
licensure is complete, admission to the standard written examination,
nor shall the board postpone or delay any applicant's standard
written examination or delay informing the candidate of the results
of the standard written examination, solely upon the receipt by the
board of a complaint alleging acts or conduct that would constitute
grounds to deny licensure.
   (e) If an applicant for examination who has passed the standard
written examination is the subject of a complaint or is under board
investigation for acts or conduct that, if proven to be true, would
constitute grounds for the board to deny licensure, the board shall
permit the applicant to take the clinical vignette written
examination for licensure, but may withhold the results of the
examination or notify the applicant that licensure will not be
granted pending completion of the investigation.
   (f) Notwithstanding Section 135, the board may deny any applicant
who has previously failed either the standard written or clinical
vignette written examination permission to retake either examination
pending completion of the investigation of any complaint against the
applicant. Nothing in this section shall prohibit the board from
denying an applicant admission to any examination, withholding the
results, or refusing to issue a license to any applicant when an
accusation or statement of issues has been filed against the
applicant pursuant to Section 11503 or 11504 of the Government Code,
or the applicant has been denied in accordance with subdivision (b)
of Section 485.
   (g) On or after January 1, 2002, no applicant shall be eligible to
participate in a clinical vignette written examination if his or her
passing score on the standard written examination occurred more than
seven years before.
  SEC. 57.  Section 4992.2 is added to the Business and Professions
Code, to read:
   4992.2.  "Advertising," as used in this chapter, includes, but is
not limited to, any public communication as defined in subdivision
(a) of Section 651, the issuance of any card, sign, or device to any
person, or the causing, permitting, or allowing of any sign or
marking on, or in, any building or structure, or in any newspaper,
magazine, or directory, or any printed matter whatsoever, with or
without any limiting qualification. Signs within religious buildings
or notices in bulletins from a religious organization mailed to a
congregation shall not be construed as advertising within the meaning
of this chapter.
  SEC. 58.  Section 4992.3 of the Business and Professions Code is
amended to read:
   4992.3.  The board may deny a license or a registration, or may
suspend or revoke the license or registration of a licensee or
registrant if he or she has been guilty of unprofessional conduct.
Unprofessional conduct includes, but is not limited to, the
following:
   (a) The conviction of a crime substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The board may
inquire into the circumstances surrounding the commission of the
crime in order to fix the degree of discipline or to determine if the
conviction is substantially related to the qualifications,
functions, or duties of a licensee or registrant under this chapter.
A plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter is a conviction within the meaning of this
section. The board may order any license or registration suspended or
revoked, or may decline to issue a license or registration when the
time for appeal has elapsed, or the judgment of conviction has been
affirmed on appeal, or, when an order granting probation is made
suspending the imposition of sentence, irrespective of a subsequent
order under Section 1203.4 of the Penal Code allowing the person to
withdraw a plea of guilty and enter a plea of not guilty, or setting
aside the verdict of guilty, or dismissing the accusation,
information, or indictment.
   (b) Securing a license or registration by fraud, deceit, or
misrepresentation on any application for licensure or registration
submitted to the board, whether engaged in by an applicant for a
license or registration, or by a licensee in support of any
application for licensure or registration.
   (c) Administering to himself or herself any controlled substance
or using any of the dangerous drugs specified in Section 4022 or any
alcoholic beverage to the extent, or in a manner, as to be dangerous
or injurious to the person applying for a registration or license or
holding a registration or license under this chapter, or to any other
person, or to the public, or, to the extent that the use impairs the
ability of the person applying for or holding a registration or
license to conduct with safety to the public the practice authorized
by the registration or license. The board shall deny an application
for a registration or license or revoke the license or registration
of any person who uses or offers to use drugs in the course of
performing clinical social work. This provision does not apply to any
person also licensed as a physician and surgeon under Chapter 5
(commencing with Section 2000) or the Osteopathic Act who lawfully
prescribes drugs to a patient under his or her care.
   (d) Incompetence in the performance of clinical social work.
   (e) An act or omission that falls sufficiently below the standard
of conduct of the profession as to constitute an act of gross
negligence.
   (f) Violating, attempting to violate, or conspiring to violate
this chapter or any regulation adopted by the board.
   (g) Misrepresentation as to the type or status of a license or
registration held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
For purposes of this subdivision, this misrepresentation includes,
but is not limited to, misrepresentation of the person's
qualifications as an adoption service provider pursuant to Section
8502 of the Family Code.
   (h) Impersonation of another by any licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee, allowing any other person to use his or her license or
registration.
   (i) Aiding or abetting any unlicensed or unregistered person to
engage in conduct for which a license or registration is required
under this chapter.
   (j) Intentionally or recklessly causing physical or emotional harm
to any client.
   (k) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
   (l) Engaging in sexual relations with a client or with a former
client within two years from the termination date of therapy with the
client, soliciting sexual relations with a client, or committing an
act of sexual abuse, or sexual misconduct with a client, or
committing an act punishable as a sexually related crime, if that act
or solicitation is substantially related to the qualifications,
functions, or duties of a clinical social worker.
   (m) Performing, or holding one's self out as being able to
perform, or offering to perform or permitting, any registered
associate clinical social worker or intern under supervision to
perform any professional services beyond the scope of the license
authorized by this chapter.
   (n) Failure to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client that is obtained from tests or
other means.
   (o) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
   (p) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional counseling
services actually provided by the licensee. Nothing in this
subdivision shall prevent collaboration among two or more licensees
in a case or cases. However, no fee shall be charged for that
collaboration, except when disclosure of the fee has been made in
compliance with subdivision (o).
   (q) Advertising in a manner that is false, fraudulent, misleading,
or deceptive, as defined in Section 651.
   (r) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device. A licensee shall limit access to that test or device
to persons with professional interest who are expected to safeguard
its use.
   (s) Any conduct in the supervision of any registered associate
clinical social worker, intern, or trainee by any licensee that
violates this chapter or any rules or regulations adopted by the
board.
   (t) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
   (u) Failure to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
   (v) Failure to comply with the elder and dependent adult abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
   (w) Willful violation of Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code.
   (x) Failure to comply with Section 2290.5.
   (y) (1) Engaging in an act described in Section 261, 286, 288a, or
289 of the Penal Code with a minor or an act described in Section
288 or 288.5 of the Penal Code regardless of whether the act occurred
prior to or after the time the registration or license was issued by
the board. An act described in this subdivision occurring prior to
the effective date of this subdivision shall constitute
unprofessional conduct and shall subject the licensee to refusal,
suspension, or revocation of a license under this section.
   (2) The Legislature hereby finds and declares that protection of
the public, and in particular minors, from sexual misconduct by a
licensee is a compelling governmental interest, and that the ability
to suspend or revoke a license for sexual conduct with a minor
occurring prior to the effective date of this section is equally
important to protecting the public as is the ability to refuse a
license for sexual conduct with a minor occurring prior to the
effective date of this section.
   (z) Engaging in any conduct that subverts or attempts to subvert
any licensing examination or the administration of the examination as
described in Section 123.
  SEC. 59.  Section 4996.23 of the Business and Professions Code is
amended to read:
   4996.23.  The experience required by subdivision (c) of Section
4996.2 shall meet the following criteria:
   (a) All persons registered with the board on and after January 1,
2002, shall have at least 3,200 hours of post-master's degree
supervised experience providing clinical social work services as
permitted by Section 4996.9. At least 1,700 hours shall be gained
under the supervision of a licensed clinical social worker. The
remaining required supervised experience may be gained under the
supervision of a licensed mental health professional acceptable to
the board as defined by a regulation adopted by the board. This
experience shall consist of the following:
   (1) A minimum of 2,000 hours in clinical psychosocial diagnosis,
assessment, and treatment, including psychotherapy or counseling.
   (2) A maximum of 1,200 hours in client-centered advocacy,
consultation, evaluation, and research.
   (3) Of the 2,000 clinical hours required in paragraph (1), no less
than 750 hours shall be face-to-face individual or group
psychotherapy provided to clients in the context of clinical social
work services.
   (4) A minimum of two years of supervised experience is required to
be obtained over a period of not less than 104 weeks and shall have
been gained within the six years immediately preceding the date on
which the application for licensure was filed.
   (5) Experience shall not be credited for more than 40 hours in any
week.
   (b) "Supervision" means responsibility for, and control of, the
quality of clinical social work services being provided. Consultation
or peer discussion shall not be considered to be supervision.
   (c) (1) Prior to the commencement of supervision, a supervisor
shall comply with all requirements enumerated in Section 1870 of
Title 16 of the California Code of Regulations and shall sign under
penalty of perjury the "Responsibility Statement for Supervisors of
an Associate Clinical Social Worker" form.
   (2) Supervised experience shall include at least one hour of
direct supervisor contact for a minimum of 104 weeks. For purposes of
this subdivision, "one hour of direct supervisor contact" means one
hour per week of face-to-face contact on an individual basis or two
hours of face-to-face contact in a group conducted within the same
week as the hours claimed.
   (3) An associate shall receive an average of at least one hour of
direct supervisor contact for every week in which more than 10 hours
of face-to-face psychotherapy is performed in each setting in which
experience is gained. No more than five hours of supervision, whether
individual or group, shall be credited during any single week.
   (4) Group supervision shall be provided in a group of not more
than eight supervisees and shall be provided in segments lasting no
less than one continuous hour.
   (5) An associate clinical social worker working in a governmental
entity, a school, college, or university, or an institution that is
both a nonprofit and charitable institution may be credited with up
to 30 hours of direct supervisor contact, via two-way, real-time
videoconferencing. The supervisor shall be responsible for ensuring
that client confidentiality is maintained.
   (6) Of the 104 weeks of required supervision, 52 weeks shall be
individual supervision, and of the 52 weeks of required individual
supervision, not less than 13 weeks shall be supervised by a licensed
clinical social worker.
   (7) Notwithstanding paragraph (2), an associate clinical social
worker working for a governmental entity, school, college, or
university, or an institution that is both a nonprofit and charitable
institution, may obtain the required weekly direct supervisor
contact via live two-way videoconferencing. The supervisor shall be
responsible for ensuring that client confidentiality is preserved.
   (d) The supervisor and the associate shall develop a supervisory
plan that describes the goals and objectives of supervision. These
goals shall include the ongoing assessment of strengths and
limitations and the assurance of practice in accordance with the laws
and regulations. The associate shall submit to the board the initial
original supervisory plan upon application for licensure.
   (e) Experience shall only be gained in a setting that meets both
of the following:
   (1) Lawfully and regularly provides clinical social work, mental
health counseling, or psychotherapy.
   (2) Provides oversight to ensure that the associate's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as defined in Section 4996.9.
   (f) Experience shall not be gained until the applicant has been
registered as an associate clinical social worker.
   (g) Employment in a private practice as defined in subdivision (h)
shall not commence until the applicant has been registered as an
associate clinical social worker.
   (h) A private practice setting is a setting that is owned by a
licensed clinical social worker, a licensed marriage and family
therapist, a licensed psychologist, a licensed physician and surgeon,
or a professional corporation of any of those licensed professions.
   (i) If volunteering, the associate shall provide the board with a
letter from his or her employer verifying his or her voluntary status
upon application for licensure.
   (j) If employed, the associate shall provide the board with copies
of his or her W-2 tax forms for each year of experience claimed upon
application for licensure.
   (k) While an associate may be either a paid employee or volunteer,
employers are encouraged to provide fair remuneration to associates.

   (l) An associate shall not do the following:
   (1) Receive any remuneration from patients or clients and shall
only be paid by his or her employer.
   (2) Have any proprietary interest in the employer's business.
   (3) Lease or rent space, pay for furnishings, equipment, or
supplies, or in any other way pay for the obligations of his or her
employer.
   (m) An associate, whether employed or volunteering, may obtain
supervision from a person not employed by the associate's employer if
that person has signed a written agreement with the employer to take
supervisory responsibility for the associate's social work services.

   (n) Notwithstanding any other provision of law, associates and
applicants for examination shall receive a minimum of one hour of
supervision per week for each setting in which he or she is working.
  SEC. 60.  Section 4996.24 is added to the Business and Professions
Code, to read:
   4996.24.  (a) A licensee in private practice who has satisfied the
requirements of Section 1870 of Title 16 of the California Code of
Regulations may supervise or employ, at any one time, no more than a
total of two individuals registered as either a marriage and family
therapist intern or associate clinical social worker in that private
practice.
   (b) A licensed clinical social workers' corporation may employ, at
any one time, no more than a total of two individuals registered as
either a marriage and family therapist intern or associate clinical
social worker for each employee or shareholder who has satisfied the
requirements of Section 1870 of Title 16 of the California Code of
Regulations.
   (c) In no event shall any corporation employ, at any one time,
more than a total of 10 individuals registered as either a marriage
and family therapist intern or associate clinical social worker. In
no event shall any supervisor supervise, at any one time, more than a
total of two individuals registered as either a marriage and family
therapist intern or associate clinical social worker. Persons who
supervise individuals registered as either a marriage and family
therapist intern or associate clinical social worker shall be
employed full time by the professional corporation and shall be
actively engaged in performing professional services at and for the
professional corporation. Employment and supervision within the
licensed clinical social workers' corporation shall be subject to all
laws and regulations governing experience and supervision gained in
a private practice setting.
  SEC. 61.  Section 4996.28 of the Business and Professions Code is
amended to read:
   4996.28.  (a) Registration as an associate clinical social worker
shall expire one year from the last day of the month during which it
was issued. To renew a registration, the registrant shall, on or
before the expiration date of the registration, complete all of the
following actions:
   (1) Apply for renewal on a form prescribed by the board.
   (2) Pay a renewal fee prescribed by the board.
   (3) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, and whether any
disciplinary action has been taken by a regulatory or licensing board
in this or any other state, subsequent to the last renewal of the
registration.
   (b) A registration as an associate clinical social worker may be
renewed a maximum of five times. When no further renewals are
possible, an applicant may apply for and obtain a new associate
clinical social worker registration if the applicant meets all
requirements for registration in effect at the time of his or her
application for a new associate clinical social worker registration.
An applicant issued a subsequent associate registration pursuant to
this subdivision may be employed or volunteer in any allowable work
setting except private practice.
  SEC. 62.  Section 4996.5 of the Business and Professions Code is
amended to read:
   4996.5.  The board shall issue a license to each applicant meeting
the requirements of this article, which license, so long as the
renewal fees have been paid, licenses the holder to engage in the
practice of clinical social work as defined in Section 4996.9,
entitles the holder to use the title of licensed clinical social
worker, and authorizes the holder to hold himself or herself out as
qualified to perform any of the functions delineated by this chapter.
The form and content of the license shall be determined by the
director in accordance with Section 164.
  SEC. 63.  Section 4999.2 of the Business and Professions Code, as
amended by Section 48 of Chapter 31 of the Statutes of 2008, is
amended to read:
   4999.2.  (a) In order to obtain and maintain a registration,
in-state or out-of-state telephone medical advice services shall
comply with the requirements established by the department. Those
requirements shall include, but shall not be limited to, all of the
following:
   (1) (A) Ensuring that all staff who provide medical advice
services are appropriately licensed, certified, or registered as a
physician and surgeon pursuant to Chapter 5 (commencing with Section
2000) or the Osteopathic Initiative Act, as a dentist, dental
hygienist, dental hygienist in alternative practice, or dental
hygienist in extended functions pursuant to Chapter 4 (commencing
with Section 1600), as an occupational therapist pursuant to Chapter
5.6 (commencing with Section 2570), as a registered nurse pursuant to
Chapter 6 (commencing with Section 2700), as a psychologist pursuant
to Chapter 6.6 (commencing with Section 2900), as a marriage and
family therapist pursuant to Chapter 13 (commencing with Section
4980), as a licensed clinical social worker pursuant to Chapter 14
(commencing with Section 4990.1), as an optometrist pursuant to
Chapter 7 (commencing with Section 3000), or as a chiropractor
pursuant to the Chiropractic Initiative Act, and operating consistent
with the laws governing their respective scopes of practice in the
state within which they provide telephone medical advice services,
except as provided in paragraph (2).
   (B) Ensuring that all staff who provide telephone medical advice
services from an out-of-state location are health care professionals,
as identified in subparagraph (A), who are licensed, registered, or
certified in the state within which they are providing the telephone
medical advice services and are operating consistent with the laws
governing their respective scopes of practice.
   (2) Ensuring that the telephone medical advice provided is
consistent with good professional practice.
   (3) Maintaining records of telephone medical advice services,
including records of complaints, provided to patients in California
for a period of at least five years.
   (4) Ensuring that no staff member uses a title or designation when
speaking to an enrollee or subscriber that may cause a reasonable
person to believe that the staff member is a licensed, certified, or
registered professional described in subparagraph (A) of paragraph
(1), unless                                             the staff
member is a licensed, certified, or registered professional.
   (5) Complying with all directions and requests for information
made by the department.
   (b) To the extent permitted by Article VII of the California
Constitution, the department may contract with a private nonprofit
accrediting agency to evaluate the qualifications of applicants for
registration pursuant to this chapter and to make recommendations to
the department.
  SEC. 64.  Section 5016 of the Business and Professions Code is
amended to read:
   5016.  A majority of the board shall constitute a quorum for the
transaction of any business at any meeting of the board. Notice of
each meeting of the board shall be given in accordance with 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). The board shall meet at the call of the president
and executive officer, but not less than twice each year. Any two
members of the board may request the executive officer to call a
special meeting, and the executive officer, upon receiving that
notice, shall call a meeting pursuant to the procedure prescribed
herein.
  SEC. 65.  Section 5021 of the Business and Professions Code is
amended to read:
   5021.  The members of the administrative and qualifications
committees shall hold office for two years.
  SEC. 66.  Section 5022 of the Business and Professions Code is
amended to read:
   5022.  The qualifications committee shall make recommendations and
forward its report to the board for action on any matter on which it
is authorized to act. An applicant for registration as a certified
public accountant who is aggrieved by any action taken by the
committee with respect to his or her qualifications may appeal to the
board in accordance with rules or regulations prescribed by the
board. The board on the appeal may give an oral or written
examination as an aid in determining whether the applicant is
qualified under the terms of this chapter.
  SEC. 67.  Section 5023 of the Business and Professions Code is
amended to read:
   5023.  The board may establish a qualifications committee of its
own certified public accountant members or other certified public
accountants of the state in good standing, to perform the following
advisory duties:
   (a) To examine the qualifications of all applicants for the
license of certified public accountant.
   (b) To recommend to the board applicants for the certified public
accountant license who fulfill the requirements of this chapter.
   SEC. 68.  Section 5651 of the Business and Professions Code is
amended to read:
   5651.  (a) The board shall by means of examination, ascertain the
professional qualifications of all applicants for licenses to
practice landscape architecture in this state and shall issue a
license to every person whom it finds to be qualified on payment of
the initial license fee prescribed by this chapter.
   (b) The examination shall consist of a written examination. The
written examination may be waived by the board if the applicant meets
both of the following requirements:
   (1) Is currently licensed by a United States jurisdiction,
Canadian province, or Puerto Rico, has passed a written examination
equivalent to that which is required in California at the time of
application, and has submitted proof of job experience equivalent to
that required of California applicants at the time of application.
   (2) Has passed the California supplemental examination if, at the
time of application, it is required of all California applicants.
   SEC. 69.  Section 7028.7 of the Business and Professions Code is
amended to read:
   7028.7.  (a) If upon inspection or investigation, either upon
complaint or otherwise, the registrar has probable cause to believe
that a person is acting in the capacity of or engaging in the
business of a contractor or salesperson within this state without
having a license or registration in good standing to so act or
engage, and the person is not otherwise exempted from this chapter,
the registrar shall issue a citation to that person.
   (b) Within 72 hours of receiving notice that a public entity is
intending to award, or has awarded, a contract to an unlicensed
contractor, the registrar shall give written notice to the public
entity that a citation may be issued if a contract is awarded to an
unlicensed contractor. If after receiving the written notice from the
registrar that the public entity has awarded or awards the contract
to an unlicensed contractor, the registrar may issue a citation to
the responsible officer or employee of the public entity as specified
in Section 7028.15.
   (c) Each citation shall be in writing and shall describe with
particularity the basis of the citation. Each citation shall contain
an order of abatement and an assessment of a civil penalty in an
amount not less than two hundred dollars ($200) nor more than fifteen
thousand dollars ($15,000).
   (d) With the approval of the Contractors' State License Board, the
registrar shall prescribe procedures for the issuance of a citation
under this section. The Contractors' State License Board shall adopt
regulations covering the assessment of a civil penalty that shall
give due consideration to the gravity of the violation, and any
history of previous violations.
   (e) The sanctions authorized under this section shall be separate
from, and in addition to, all other remedies either civil or
criminal.
   SEC. 70.  Section 7044 of the Business and Professions Code is
amended to read:
   7044.  (a) This chapter does not apply to any of the following:
   (1) An owner who builds or improves a structure on his or her
property, provided that both of the following conditions are met:
   (A) None of the improvements are intended or offered for sale.
   (B) The property owner personally performs all of the work or any
work not performed by the owner is performed by the owner's employees
with wages as their sole compensation.
   (2) An owner who builds or improves a structure on his or her
property, provided that both of the following conditions are met:
   (A) The owner directly contracts with licensees who are duly
licensed to contract for the work of the respective trades involved
in completing the project.
   (B) For projects involving single-family residential structures,
no more than four of these structures are intended or offered for
sale in a calendar year. This subparagraph shall not apply if the
owner contracts with a general contractor for the construction.
   (3) A homeowner improving his or her principal place of residence
or appurtenances thereto, provided that all of the following
conditions exist:
   (A) The work is performed prior to sale.
   (B) The homeowner has actually resided in the residence for the 12
months prior to completion of the work.
   (C) The homeowner has not availed himself or herself of the
exemption in this paragraph on more than two structures more than
once during any three-year period.
   (b) In all actions brought under this chapter, both of the
following shall apply:
   (1) Except as provided in paragraph (2), proof of the sale or
offering for sale of a structure by or for the owner-builder within
one year after completion of the structure constitutes a rebuttable
presumption affecting the burden of proof that the structure was
undertaken for purposes of sale.
   (2) Proof of the sale or offering for sale of five or more
structures by the owner-builder within one year after completion
constitutes a conclusive presumption that the structures were
undertaken for purposes of sale.
   SEC. 71.  Section 7044.01 is added to the Business and Professions
Code, to read:
   7044.01.  In addition to all other remedies, any licensed
contractor or association of contractors, labor organization,
consumer affected by the violation, district attorney, or the
Attorney General shall be entitled to seek injunctive relief
prohibiting any violation of this chapter by an owner-builder who is
neither licensed nor exempted from licensure under this chapter. The
plaintiff in that action shall not be required to prove irreparable
injury and shall be entitled to attorney's fees and all costs
incurred in the prosecution of the action, provided the plaintiff is
the prevailing party. The defendant in that action shall be entitled
to attorney's fees and all costs incurred in the defense against the
action, provided the defendant is the prevailing party.
   SEC. 72.  Section 7108.5 of the Business and Professions Code is
repealed.
   SEC. 73.  Section 7108.5 is added to the Business and Professions
Code, to read:
   7108.5.  (a) This section applies to all private works of
improvement and to all public works of improvement, except where
Section 10262 of the Public Contract Code applies.
   (b) Except as provided in subdivision (c), a prime contractor or
subcontractor shall pay to any subcontractor, not later than 10 days
of receipt of each progress payment, unless otherwise agreed to in
writing, the respective amounts allowed the contractor on account of
the work performed by the subcontractors, to the extent of each
subcontractor's interest therein. A prime contractor or subcontractor
that fails to comply with this subdivision shall be subject to a
penalty, payable to the subcontractor, of 2 percent of the amount due
per month for every month that payment is not made as required under
this subdivision.
   (c) If there is a good faith dispute over all or any portion of
the amount due on a progress payment from the prime contractor or
subcontractor to a subcontractor, the prime contractor or
subcontractor may withhold no more than 150 percent of the disputed
amount.
   (d) A violation of this section shall constitute a cause for
disciplinary action.
   (e) In any action for the collection of funds wrongfully withheld,
the prevailing party shall be entitled to his or her attorney's fees
and costs.
   (f) The sanctions authorized under this section shall be separate
from, and in addition to, all other remedies, either civil,
administrative, or criminal.
   SEC. 74.  Section 7159 of the Business and Professions Code is
amended to read:
   7159.  (a) (1) This section identifies the projects for which a
home improvement contract is required, outlines the contract
requirements, and lists the items that shall be included in the
contract, or may be provided as an attachment.
   (2) This section does not apply to service and repair contracts
that are subject to Section 7159.10, if the contract for the
applicable services complies with Sections 7159.10 to 7159.14,
inclusive.
   (3) This section does not apply to the sale, installation, and
servicing of a fire alarm sold in conjunction with an alarm system,
as defined in subdivision (n) of Section 7590.1, if all costs
attributable to making the fire alarm system operable, including sale
and installation costs, do not exceed five hundred dollars ($500),
and the licensee complies with the requirements set forth in Section
7159.9.
   (4) This section does not apply to any costs associated with
monitoring a burglar or fire alarm system.
   (5) Failure by the licensee, his or her agent or salesperson, or
by a person subject to be licensed under this chapter, to provide the
specified information, notices, and disclosures in the contract, or
to otherwise fail to comply with any provision of this section, is
cause for discipline.
   (b) For purposes of this section, "home improvement contract"
means an agreement, whether oral or written, or contained in one or
more documents, between a contractor and an owner or between a
contractor and a tenant, regardless of the number of residence or
dwelling units contained in the building in which the tenant resides,
if the work is to be performed in, to, or upon the residence or
dwelling unit of the tenant, for the performance of a home
improvement, as defined in Section 7151, and includes all labor,
services, and materials to be furnished and performed thereunder, if
the aggregate contract price specified in one or more improvement
contracts, including all labor, services, and materials to be
furnished by the contractor, exceeds five hundred dollars ($500).
"Home improvement contract" also means an agreement, whether oral or
written, or contained in one or more documents, between a
salesperson, whether or not he or she is a home improvement
salesperson, and an owner or a tenant, regardless of the number of
residence or dwelling units contained in the building in which the
tenant resides, which provides for the sale, installation, or
furnishing of home improvement goods or services.
   (c) In addition to the specific requirements listed under this
section, every home improvement contract and any person subject to
licensure under this chapter or his or her agent or salesperson shall
comply with all of the following:
   (1) The writing shall be legible.
   (2) Any printed form shall be readable. Unless a larger typeface
is specified in this article, text in any printed form shall be in at
least 10-point typeface and the headings shall be in at least
10-point boldface type.
   (3) (A) Before any work is started, the contractor shall give the
buyer a copy of the contract signed and dated by both the contractor
and the buyer. The buyer's receipt of the copy of the contract
initiates the buyer's rights to cancel the contract pursuant to
Sections 1689.5 to 1689.14, inclusive, of the Civil Code.
   (B) The contract shall contain on the first page, in a typeface no
smaller than that generally used in the body of the document, both
of the following:
   (i) The date the buyer signed the contract.
   (ii) The name and address of the contractor to which the
applicable "Notice of Cancellation" is to be mailed, immediately
preceded by a statement advising the buyer that the "Notice of
Cancellation" may be sent to the contractor at the address noted on
the contract.
   (4) The contract shall include a statement that, upon satisfactory
payment being made for any portion of the work performed, the
contractor, prior to any further payment being made, shall furnish to
the person contracting for the home improvement or swimming pool
work a full and unconditional release from any potential lien
claimant claim or mechanic's lien authorized pursuant to Section 3110
of the Civil Code for that portion of the work for which payment has
been made.
   (5) A change-order form for changes or extra work shall be
incorporated into the contract and shall become part of the contract
only if it is in writing and signed by the parties prior to the
commencement of any work covered by a change order.
   (6) The contract shall contain, in close proximity to the
signatures of the owner and contractor, a notice stating that the
owner or tenant has the right to require the contractor to have a
performance and payment bond.
   (7) If the contract provides for a contractor to furnish joint
control, the contractor shall not have any financial or other
interest in the joint control.
   (8) The provisions of this section are not exclusive and do not
relieve the contractor from compliance with any other applicable
provision of law.
   (d) A home improvement contract and any changes to the contract
shall be in writing and signed by the parties to the contract prior
to the commencement of work covered by the contract or an applicable
change order and, except as provided in paragraph (8) of subdivision
(a) of Section 7159.5, shall include or comply with all of the
following:
   (1) The name, business address, and license number of the
contractor.
   (2) If applicable, the name and registration number of the home
improvement salesperson that solicited or negotiated the contract.
   (3) The following heading on the contract form that identifies the
type of contract in at least 10-point boldface type: "Home
Improvement."
   (4) The following statement in at least 12-point boldface type:
"You are entitled to a completely filled in copy of this agreement,
signed by both you and the contractor, before any work may be
started."
   (5) The heading: "Contract Price," followed by the amount of the
contract in dollars and cents.
   (6) If a finance charge will be charged, the heading: "Finance
Charge," followed by the amount in dollars and cents. The finance
charge is to be set out separately from the contract amount.
   (7) The heading: "Description of the Project and Description of
the Significant Materials to be Used and Equipment to be Installed,"
followed by a description of the project and a description of the
significant materials to be used and equipment to be installed. For
swimming pools, the project description required under this paragraph
also shall include a plan and scale drawing showing the shape, size,
dimensions, and the construction and equipment specifications.
   (8) If a downpayment will be charged, the details of the
downpayment shall be expressed in substantially the following form,
and shall include the text of the notice as specified in subparagraph
(C):
   (A) The heading: "Downpayment."
   (B) A space where the actual downpayment appears.
   (C) The following statement in at least 12-point boldface type:

   "THE DOWNPAYMENT MAY NOT EXCEED $1,000 OR 10 PERCENT OF THE
CONTRACT PRICE, WHICHEVER IS LESS."

   (9) If payments, other than the downpayment, are to be made before
the project is completed, the details of these payments, known as
progress payments, shall be expressed in substantially the following
form, and shall include the text of the statement as specified in
subparagraph (C):
   (A) A schedule of progress payments shall be preceded by the
heading: "Schedule of Progress Payments."
   (B) Each progress payment shall be stated in dollars and cents and
specifically reference the amount of work or services to be
performed and materials and equipment to be supplied.
   (C) The section of the contract reserved for the progress payments
shall include the following statement in at least 12-point boldface
type:

   "The schedule of progress payments must specifically describe each
phase of work, including the type and amount of work or services
scheduled to be supplied in each phase, along with the amount of each
proposed progress payment. IT IS AGAINST THE LAW FOR A CONTRACTOR TO
COLLECT PAYMENT FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET
DELIVERED. HOWEVER, A CONTRACTOR MAY REQUIRE A DOWNPAYMENT."

   (10) The contract shall address the commencement of work to be
performed in substantially the following form:
   (A) A statement that describes what constitutes substantial
commencement of work under the contract.
   (B) The heading: "Approximate Start Date."
   (C) The approximate date on which work will be commenced.
   (11) The estimated completion date of the work shall be referenced
in the contract in substantially the following form:
   (A) The heading: "Approximate Completion Date."
   (B) The approximate date of completion.
   (12) If applicable, the heading: "List of Documents to be
Incorporated into the Contract," followed by the list of documents
incorporated into the contract.
   (13) The heading: "Note about Extra Work and Change Orders,"
followed by the following statement:

   "Extra Work and Change Orders become part of the contract once the
order is prepared in writing and signed by the parties prior to the
commencement of work covered by the new change order. The order must
describe the scope of the extra work or change, the cost to be added
or subtracted from the contract, and the effect the order will have
on the schedule of progress payments."

   (e) Except as provided in paragraph (8) of subdivision (a) of
Section 7159.5, all of the following notices shall be provided to the
owner as part of the contract form as specified or, if otherwise
authorized under this subdivision, may be provided as an attachment
to the contract:
   (1) A notice concerning commercial general liability insurance.
This notice may be provided as an attachment to the contract if the
contract includes the following statement: "A notice concerning
commercial general liability insurance is attached to this contract."
The notice shall include the heading "Commercial General Liability
Insurance (CGL)," followed by whichever of the following statements
is both relevant and correct:
   (A) "(The name on the license or "This contractor') does not carry
commercial general liability insurance."
   (B) "(The name on the license or "This contractor') carries
commercial general liability insurance written by (the insurance
company). You may call (the insurance company) at __________ to check
the contractor's insurance coverage."
   (C) "(The name on the license or "This contractor') is
self-insured."
   (2) A notice concerning workers' compensation insurance. This
notice may be provided as an attachment to the contract if the
contract includes the statement: "A notice concerning workers'
compensation insurance is attached to this contract." The notice
shall include the heading "Workers' Compensation Insurance" followed
by whichever of the following statements is correct:
   (A) "(The name on the license or "This contractor') has no
employees and is exempt from workers' compensation requirements."
   (B) "(The name on the license or "This contractor') carries
workers' compensation insurance for all employees."
   (3) A notice that provides the buyer with the following
information about the performance of extra or change-order work:
   (A) A statement that the buyer may not require a contractor to
perform extra or change-order work without providing written
authorization prior to the commencement of work covered by the new
change order.
   (B) A statement informing the buyer that extra work or a change
order is not enforceable against a buyer unless the change order also
identifies all of the following in writing prior to the commencement
of work covered by the new change order:
   (i) The scope of work encompassed by the order.
   (ii) The amount to be added or subtracted from the contract.
   (iii) The effect the order will make in the progress payments or
the completion date.
   (C) A statement informing the buyer that the contractor's failure
to comply with the requirements of this paragraph does not preclude
the recovery of compensation for work performed based upon legal or
equitable remedies designed to prevent unjust enrichment.
   (4) A notice with the heading "Mechanics' Lien Warning" written as
follows:


   "MECHANICS' LIEN WARNING:

   Anyone who helps improve your property, but who is not paid, may
record what is called a mechanics' lien on your property. A mechanics'
lien is a claim, like a mortgage or home equity loan, made against
your property and recorded with the county recorder.
   Even if you pay your contractor in full, unpaid subcontractors,
suppliers, and laborers who helped to improve your property may
record mechanics' liens and sue you in court to foreclose the lien.
If a court finds the lien is valid, you could be forced to pay twice
or have a court officer sell your home to pay the lien. Liens can
also affect your credit.
   To preserve their right to record a lien, each subcontractor and
material supplier must provide you with a document called a "20-day
Preliminary Notice.' This notice is not a lien. The purpose of the
notice is to let you know that the person who sends you the notice
has the right to record a lien on your property if he or she is not
paid.
   BE CAREFUL.  The Preliminary Notice can be sent up to 20 days
after the subcontractor starts work or the supplier provides
material. This can be a big problem if you pay your contractor before
you have received the Preliminary Notices.
   You will not get Preliminary Notices from your prime contractor or
from laborers who work on your project. The law assumes that you
already know they are improving your property.
   PROTECT YOURSELF FROM LIENS.  You can protect yourself from liens
by getting a list from your contractor of all the subcontractors and
material suppliers that work on your project. Find out from your
contractor when these subcontractors started work and when these
suppliers delivered goods or materials. Then wait 20 days, paying
attention to the Preliminary Notices you receive.
   PAY WITH JOINT CHECKS.  One way to protect yourself is to pay with
a joint check. When your contractor tells you it is time to pay for
the work of a subcontractor or supplier who has provided you with a
Preliminary Notice, write a joint check payable to both the
contractor and the subcontractor or material supplier.
   For other ways to prevent liens, visit CSLB's Internet Web site at
www.cslb.ca.gov or call CSLB at 800-321-CSLB (2752).
   REMEMBER, IF YOU DO NOTHING, YOU RISK HAVING A LIEN PLACED ON YOUR
HOME. This can mean that you may have to pay twice, or face the
forced sale of your home to pay what you owe."


   (5) The following notice shall be provided in at least 12-point
typeface:


   "Information about the Contractors' State License Board (CSLB):
CSLB is the state consumer protection agency that licenses and
regulates construction contractors.
   Contact CSLB for information about the licensed contractor you are
considering, including information about disclosable complaints,
disciplinary actions, and civil judgments that are reported to CSLB.
   Use only licensed contractors. If you file a complaint against a
licensed contractor within the legal deadline (usually four years),
CSLB has authority to investigate the complaint. If you use an
unlicensed contractor, CSLB may not be able to help you resolve your
complaint. Your only remedy may be in civil court, and you may be
liable for damages arising out of any injuries to the unlicensed
contractor or the unlicensed contractor's employees.
   For more information:
   Visit CSLB's Internet Web site at www.cslb.ca.gov
   Call CSLB at 800-321-CSLB (2752)
   Write CSLB at P.O. Box 26000, Sacramento, CA 95826."


   (6) (A) The notice set forth in subparagraph (B) and entitled
"Three-Day Right to Cancel," shall be provided to the buyer unless
the contract is:
   (i) Negotiated at the contractor's place of business.
   (ii) Subject to the "Seven-Day Right to Cancel," as set forth in
paragraph (7).
   (iii) Subject to licensure under the Alarm Company Act (Chapter
11.6 (commencing with Section 7590)), provided the alarm company
licensee complies with Sections 1689.5, 1689.6, and 1689.7 of the
Civil Code, as applicable.

   (B) "Three-Day Right to Cancel
   You, the buyer, have the right to cancel this contract within
three business days. You may cancel by e-mailing, mailing, faxing, or
delivering a written notice to the contractor at the contractor's
place of business by
midnight of the third business day after you received a signed and
dated copy of the contract that includes this notice. Include your
name, your address, and the date you received the signed copy of the
contract and this notice.
   If you cancel, the contractor must return to you anything you paid
within 10 days of receiving the notice of cancellation. For your
part, you must make available to the contractor at your residence, in
substantially as good condition as you received them, goods
delivered to you under this contract or sale. Or, you may, if you
wish, comply with the contractor's instructions on how to return the
goods at the contractor's expense and risk. If you do make the goods
available to the contractor and the contractor does not pick them up
within 20 days of the date of your notice of cancellation, you may
keep them without any further obligation. If you fail to make the
goods available to the contractor, or if you agree to return the
goods to the contractor and fail to do so, then you remain liable for
performance of all obligations under the contract."

   (C) The "Three-Day Right to Cancel" notice required by this
paragraph shall comply with all of the following:
   (i) The text of the notice is at least 12-point boldface type.
   (ii) The notice is in immediate proximity to a space reserved for
the owner's signature.
   (iii) The owner acknowledges receipt of the notice by signing and
dating the notice form in the signature space.
   (iv) The notice is written in the same language, e.g., Spanish, as
that principally used in any oral sales presentation.
   (v) The notice may be attached to the contract if the contract
includes, in at least 12-point boldface type, a checkbox with the
following statement: "The law requires that the contractor give you a
notice explaining your right to cancel. Initial the checkbox if the
contractor has given you a "Notice of the Three-Day Right to Cancel.'
"
   (vi) The notice shall be accompanied by a completed form in
duplicate, captioned "Notice of Cancellation," which also shall be
attached to the agreement or offer to purchase and be easily
detachable, and which shall contain the following statement written
in the same language, e.g., Spanish, as used in the contract:
             ""Notice of Cancellation''
                      /enter date of transaction/
                    ______________________________
                                (Date)



   "You may cancel this transaction, without any penalty or
obligation, within three business days from the above date.
   If you cancel, any property traded in, any payments made by you
under the contract or sale, and any negotiable instrument executed by
you will be returned within 10 days following receipt by the seller
of your cancellation notice, and any security interest arising out of
the transaction will be canceled.
   If you cancel, you must make available to the seller at your
residence, in substantially as good condition as when received, any
goods delivered to you under this contract or sale, or you may, if
you wish, comply with the instructions of the seller regarding the
return shipment of the goods at the seller's expense and risk.
   If you do make the goods available to the seller and the seller
does not pick them up within 20 days of the date of your notice of
cancellation, you may retain or dispose of the goods without any
further obligation. If you fail to make the goods available to the
seller, or if you agree to return the goods to the seller and fail to
do so, then you remain liable for performance of all obligations
under the contract."

To cancel this transaction, mail or deliver
a signed and dated copy of this cancellation
notice, or any other written notice, or send a
telegram
to_____________________________________________,
                /name of seller/
at______________________________________________
           /address of seller's place of
business/
not later than midnight of_____________________.
                           (Date)
  I hereby cancel this transaction. _____________
                             (Date)
             ____________________________________
                       (Buyer's signature)


   (7) (A) The following notice entitled "Seven-Day Right to Cancel"
shall be provided to the buyer for any contract that is written for
the repair or restoration of residential premises damaged by any
sudden or catastrophic event for which a state of emergency has been
declared by the President of the United States or the Governor, or
for which a local emergency has been declared by the executive
officer or governing body of any city, county, or city and county:

   "Seven-Day Right to Cancel
   You, the buyer, have the right to cancel this contract within
seven business days. You may cancel by e-mailing, mailing, faxing, or
delivering a written notice to the contractor at the contractor's
place of business by midnight of the seventh business day after you
received a signed and dated copy of the contract that includes this
notice. Include your name, your address, and the date you received
the signed copy of the contract and this notice.
   If you cancel, the contractor must return to you anything you paid
within 10 days of receiving the notice of cancellation. For your
part, you must make available to the contractor at your residence, in
substantially as good condition as you received them, goods
delivered to you under this contract or sale. Or, you may, if you
wish, comply with the contractor's instructions on how to return the
goods at the contractor's expense and risk. If you do make the goods
available to the contractor and the contractor does not pick them up
within 20 days of the date of your notice of cancellation, you may
keep them without any further obligation. If you fail to make the
goods available to the contractor, or if you agree to return the
goods to the contractor and fail to do so, then you remain liable for
performance of all obligations under the contract."

   (B) The "Seven-Day Right to Cancel" notice required by this
subdivision shall comply with all of the following:
   (i) The text of the notice is at least 12-point boldface type.
   (ii) The notice is in immediate proximity to a space reserved for
the owner's signature.
   (iii) The owner acknowledges receipt of the notice by signing and
dating the notice form in the signature space.
   (iv) The notice is written in the same language, e.g., Spanish, as
that principally used in any oral sales presentation.
   (v) The notice may be attached to the contract if the contract
includes, in at least 12-point boldface type, a checkbox with the
following statement: "The law requires that the contractor give you a
notice explaining your right to cancel. Initial the checkbox if the
contractor has given you a "Notice of the Seven-Day Right to Cancel.'
"
   (vi) The notice shall be accompanied by a completed form in
duplicate, captioned "Notice of Cancellation," which shall also be
attached to the agreement or offer to purchase and be easily
detachable, and which shall contain the following statement written
in the same language, e.g., Spanish, as used in the contract:
            ""Notice of Cancellation''
                      /enter date of transaction/
                    ______________________________
                                (Date)



   "You may cancel this transaction, without any penalty or
obligation, within seven business days from the above date.
   If you cancel, any property traded in, any payments made by you
under the contract or sale, and any negotiable instrument executed by
you will be returned within 10 days following receipt by the seller
of your cancellation notice, and any security interest arising out of
the transaction will be canceled.
   If you cancel, you must make available to the seller at your
residence, in substantially as good condition as when received, any
goods delivered to you under this contract or sale, or you may, if
you wish, comply with the instructions of the seller regarding the
return shipment of the goods at the seller's expense and risk.
   If you do make the goods available to the seller and the seller
does not pick them up within 20 days of the date of your notice of
cancellation, you may retain or dispose of the goods without any
further obligation. If you fail to make the goods available to the
seller, or if you agree to return the goods to the seller and fail to
do so, then you remain liable for performance of all obligations
under the contract."

To cancel this transaction, mail or deliver a
signed and dated copy of this cancellation
notice, or any other written notice, or send a
telegram
to_____________________________________________,
                /name of seller/
at______________________________________________
           /address of seller's place of
business/
not later than midnight of_____________________.
                           (Date)
  I hereby cancel this transaction. _____________
                             (Date)
             ____________________________________
                        (Buyer's signature)


   SEC. 75.  Section 7159.5 of the Business and Professions Code is
amended to read:
   7159.5.  This section applies to all home improvement contracts,
as defined in Section 7151.2, between an owner or tenant and a
contractor, whether a general contractor or a specialty contractor,
who is licensed or subject to be licensed pursuant to this chapter
with regard to the transaction.
   (a) Failure by the licensee or a person subject to be licensed
under this chapter, or by his or her agent or salesperson, to comply
with the following provisions is cause for discipline:
   (1) The contract shall be in writing and shall include the agreed
contract amount in dollars and cents. The contract amount shall
include the entire cost of the contract, including profit, labor, and
materials, but excluding finance charges.
   (2) If there is a separate finance charge between the contractor
and the person contracting for home improvement, the finance charge
shall be set out separately from the contract amount.
   (3) If a downpayment will be charged, the downpayment may not
exceed one thousand dollars ($1,000) or 10 percent of the contract
amount, whichever is less.
   (4) If, in addition to a downpayment, the contract provides for
payments to be made prior to completion of the work, the contract
shall include a schedule of payments in dollars and cents
specifically referencing the amount of work or services to be
performed and any materials and equipment to be supplied.
   (5) Except for a downpayment, the contractor may neither request
nor accept payment that exceeds the value of the work performed or
material delivered.
   (6) Upon any payment by the person contracting for home
improvement, and prior to any further payment being made, the
contractor shall, if requested, obtain and furnish to the person a
full and unconditional release from any potential lien claimant claim
or mechanic's lien authorized pursuant to Section 3110 of the Civil
Code for any portion of the work for which payment has been made. The
person contracting for home improvement may withhold all further
payments until these releases are furnished.
   (7) If the contract provides for a payment of a salesperson's
commission out of the contract price, that payment shall be made on a
pro rata basis in proportion to the schedule of payments made to the
contractor by the disbursing party in accordance with paragraph (4).

   (8) A contractor furnishing a performance and payment bond, lien
and completion bond, or a bond equivalent or joint control approved
by the registrar covering full performance and payment is exempt from
paragraphs (3), (4), and (5), and need not include, as part of the
contract, the statement regarding the downpayment specified in
subparagraph (C) of paragraph (8) of subdivision (d) of Section 7159,
the details and statement regarding progress payments specified in
paragraph (9) of subdivision (d) of Section 7159, or the Mechanics'
Lien Warning specified in paragraph (4) of subdivision (e) of Section
7159. A contractor furnishing these bonds, bond equivalents, or a
joint control approved by the registrar may accept payment prior to
completion. If the contract provides for a contractor to furnish
joint control, the contractor shall not have any financial or other
interest in the joint control.
   (b) A violation of paragraph (1), (3), or (5) of subdivision (a)
by a licensee or a person subject to be licensed under this chapter,
or by his or her agent or salesperson, is a misdemeanor punishable by
a fine of not less than one hundred dollars ($100) nor more than
five thousand dollars ($5,000), or by imprisonment in a county jail
not exceeding one year, or by both that fine and imprisonment.
   (1) An indictment or information against a person who is not
licensed but who is required to be licensed under this chapter shall
be brought, or a criminal complaint filed, for a violation of this
section, in accordance with paragraph (4) of subdivision (d) of
Section 802 of the Penal Code, within four years from the date of the
contract or, if the contract is not reduced to writing, from the
date the buyer makes the first payment to the contractor.
   (2) An indictment or information against a person who is licensed
under this chapter shall be brought, or a criminal complaint filed,
for a violation of this section, in accordance with paragraph (2) of
subdivision (d) of Section 802 of the Penal Code, within two years
from the date of the contract or, if the contract is not reduced to
writing, from the date the buyer makes the first payment to the
contractor.
   (3) The limitations on actions in this subdivision shall not apply
to any administrative action filed against a licensed contractor.
   (c) Any person who violates this section as part of a plan or
scheme to defraud an owner or tenant of a residential or
nonresidential structure, including a mobilehome or manufactured
home, in connection with the offer or performance of repairs to the
structure for damage caused by a natural disaster, shall be ordered
by the court to make full restitution to the victim based on the
person's ability to pay, as defined in subdivision (e) of Section
1203.1b of the Penal Code. In addition to full restitution, and
imprisonment authorized by this section, the court may impose a fine
of not less than five hundred dollars ($500) nor more than
twenty-five thousand dollars ($25,000), based upon the defendant's
ability to pay. This subdivision applies to natural disasters for
which a state of emergency is proclaimed by the Governor pursuant to
Section 8625 of the Government Code, or for which an emergency or
major disaster is declared by the President of the United States.
   SEC. 76.  Section 7159.14 of the Business and Professions Code is
amended to read:
   7159.14.  (a) This section applies to a service and repair
contract as defined in Section 7159.10. A violation of this section
by a licensee or a person subject to be licensed under this chapter,
or by his or her agent or salesperson, is cause for discipline.
   (1) The contract may not exceed seven hundred fifty dollars
($750).
   (2) The contract shall be in writing and shall state the agreed
contract amount, which may be stated as either a fixed contract
amount in dollars and cents or, if a time and materials formula is
used, as an estimated contract amount in dollars and cents.
   (3) The contract amount shall include the entire cost of the
contract including profit, labor, and materials, but excluding
finance charges.
   (4) The actual contract amount of a time and materials contract
may not exceed the estimated contract amount without written
authorization from the buyer.
   (5) The prospective buyer must have initiated contact with the
contractor to request work.
   (6) The contractor may not sell the buyer goods or services beyond
those reasonably necessary to take care of the particular problem
that caused the buyer to contact the contractor.
   (7) No payment may be due before the project is completed.
   (8) A service and repair contractor may charge only one service
charge. For purposes of this chapter, a service charge includes such
charges as a service or trip charge, or an inspection fee.
   (9) A service and repair contractor charging a service charge must
disclose in all advertisements that there is a service charge and,
when the customer initiates the call for service, must disclose the
amount of the service charge.
   (10) The service and repair contractor must offer to the customer
any parts that were replaced.
   (11) Upon any payment by the buyer, the contractor shall, if
requested, obtain and furnish to the buyer a full and unconditional
release from any potential lien claimant claim or mechanic's lien
authorized pursuant to Section 3110 of the Civil Code for any portion
of the work for which payment has been made.
   (b) A violation of paragraph (1), (2), (3), (4), (5), (6), or (8)
of subdivision (a) by a licensee or a person subject to be licensed
under this chapter, or by his or her agent or salesperson, is a
misdemeanor punishable by a fine of not less than one hundred dollars
($100) nor more than five thousand dollars ($5,000), or by
imprisonment in a county jail not exceeding one year, or by both that
fine and imprisonment.
   (1) An indictment or information against a person who is not
licensed but who is required to be licensed under this chapter shall
be brought, or a criminal complaint filed, for a violation of this
section, in accordance with paragraph (4) of subdivision (d) of
Section 802 of the Penal Code, within four years from the date of the
contract or, if the contract is not reduced to writing, from the
date the buyer makes the first payment to the contractor.
   (2) An indictment or information against a person who is licensed
under this chapter shall be brought, or a criminal complaint filed,
for a violation of this section, in accordance with paragraph (2) of
subdivision (d) of Section 802 of the Penal Code, within two years
from the date of the contract or, if the contract is not reduced to
writing, from the date the buyer makes the first payment to the
contractor.
   (3) The limitations on actions in this subdivision shall not apply
to any administrative action filed against a licensed contractor.
   (c) Any person who violates this section as part of a plan or
scheme to defraud an owner or tenant of a residential or
nonresidential structure, including a mobilehome or manufactured
home, in connection with the offer or performance of repairs to the
structure for damage caused by a natural disaster, shall be ordered
by the court to make full restitution to the victim based on the
person's ability to pay, as defined in subdivision (e) of Section
1203.1b of the Penal Code. In addition to full restitution, and
imprisonment authorized by this section, the court may impose a fine
of not less than five hundred dollars ($500) nor more than
twenty-five thousand dollars ($25,000), based upon the defendant's
ability to pay. This subdivision applies to natural disasters for
which a state of emergency is proclaimed by the Governor pursuant to
Section 8625 of the Government Code, or for which an emergency or
major disaster is declared by the President of the United States.
   SEC. 77.  Section 7303.2 of the Business and Professions Code is
amended to read:
   7303.2.  The board shall conduct the following studies and
reviews, and shall report its findings and recommendations to the
department and the Joint Committee on Boards, Commissions, and
Consumer Protection no later than September 1, 2005:
   (a) The board, pursuant to Section 139 and in conjunction with the
Office of Professional Examination Services of the department, shall
review the 1600 hour training requirement for cosmetologists.
   (b) The board, in conjunction with the Office of Professional
Examination Services of the department, shall evaluate the
equivalency of the national exam.
   (c) The board shall conduct a study to assess the costs and
benefits associated with requiring all applicants to submit
fingerprint cards for background investigations.
   (d) The board, in coordination with the Department of Industrial
Relations, shall review all components of the apprenticeship program,
including, but not limited to, the following:
   (1) Apprenticeship curriculum requirements.
   (2) The standards for the preapprentice trainers, program
sponsors, trainers, and placement establishments. The board shall pay
particular attention to ways to eliminate duplicative regulations.
   (e) The board shall review all components of the externship
program. In addition to structural changes, the board shall address
the following:
   (1) Whether the program should be eliminated.
   (2) Whether the program should be available to all students, not
just cosmetology students attending private schools.
   (3) Whether the students should be paid.
   (f) The board shall assess the costs and benefits associated with
same day licensing. If the board determines that the benefits of same
day licensing outweigh the costs, the board shall immediately plan
and implement safety measures to protect site staff and undispersed
licenses.
   (g) The board, in conjunction with the Office of Professional
Examination Services of the department, shall assess the validity of
aggregate scoring for board applicants.
   SEC. 78.  Section 7500.1 of the Business and Professions Code is
amended to read:
   7500.1.  The following terms as used in this chapter have the
meaning expressed in this section:
   (a) "Advertisement" means any written or printed communication,
including a directory listing, except a free telephone directory
listing that does not allow space for a license number.
   (b) "Assignment" means a written authorization by the legal owner,
lienholder, lessor or lessee, or the agent of any of them, to skip
trace, locate, or repossess or to collect money payment in lieu of
repossession of any collateral, including, but not limited to,
collateral registered under the Vehicle Code that is subject to a
security agreement that contains a repossession clause. "Assignment"
also means a written authorization by an employer to recover any
collateral entrusted to an employee or former employee if the
possessor is wrongfully in possession of the collateral. A photocopy
of an assignment, facsimile copy of an assignment, or electronic
assignment shall have the same force and effect as an original
written assignment.
   (c) "Bureau" means the Bureau of Security and Investigative
Services.
   (d) "Chief" means the Chief of the Bureau of Security and
Investigative Services.
   (e) "Collateral" means any specific vehicle, trailer, boat,
recreational vehicle, motor home, appliance, or other property that
is subject to a security agreement.
   (f) "Combustibles" means any substance or article that is capable
of undergoing combustion or catching fire, or that is flammable, if
retained.
   (g) "Dangerous drugs" means any controlled substances as defined
in Chapter 2 (commencing with Section 11053) of Division 10 of the
Health and Safety Code.
   (h) "Deadly weapon" means and includes any instrument or weapon of
the kind commonly known as a blackjack, slungshot, billy, sandclub,
sandbag, metal knuckles, dirk, dagger, pistol, or revolver, or any
other firearm, any knife having a blade longer than five inches, any
razor with an unguarded blade, and any metal pipe or bar used or
intended to be used as a club.
   (i) "Debtor" means any person obligated under a security
agreement.
   (j) "Department" means the Department of Consumer Affairs.
   (k) "Director" means the Director of Consumer Affairs.
   () "Health hazard" means any personal effects which if retained
would produce an unsanitary or unhealthful condition.
   (m) "Legal owner" means a person holding a security interest in
any collateral that is subject to a security agreement, a lien
against any collateral, or an interest in any collateral that is
subject to a lease agreement.
   (n) "Licensee" means an individual, partnership, limited liability
company, or corporation licensed under this chapter as a
repossession agency.
   (o) "Multiple licensee" means a repossession agency holding more
than one repossession license under this chapter, with one fictitious
trade style and ownership, conducting repossession business from
additional licensed locations other than the location shown on the
original license.
   (p) "Person" includes any individual, partnership, limited
liability company, or corporation.
   (q) "Personal effects" means any property that is not the property
of the legal owner.
   (r) "Private building" means and includes any dwelling,
outbuilding, or other enclosed structure.
   (s) "Qualified certificate holder" or "qualified manager" is a
person who possesses a valid qualification certificate in accordance
with the provisions of Article 5 (commencing with Section 7504) and
is in active control or management of, and who is a director of, the
licensee's place of business.
   (t) "Registrant" means a person registered under this chapter.
   (u) "Secured area" means and includes any fenced and locked area.
   (v) "Security agreement" means an obligation, pledge, mortgage,
chattel mortgage, lease agreement, deposit, or lien, given by a
debtor as security for payment or performance of his or her debt, by
furnishing the creditor with a recourse to be used in case of failure
in the principal obligation. "Security agreement" also includes a
bailment where an employer-employee relationship exists or existed
between the bailor and the bailee.
   (w) "Services" means any duty or labor to be rendered by one
person for another.
   (x) "Violent act" means any act that results in bodily harm or
injury to any party involved.
   (y) The amendments made to this section during the 2005-06 Regular
Session shall not be deemed to exempt any person from the provisions
of this chapter.
   SEC. 79.  Section 7505.5 of the Business and Professions Code is
amended to read:
   7505.5.  The person deemed to be actively in charge of an office
shall be the holder of a qualification certificate and the
certificate, together with the current renewal certificate, shall be
prominently displayed below the repossession agency's license. The
person shall be in charge of not more than two licensed locations.
The person shall share equally with the licensee the responsibility
for the conduct of the business and the personnel of the licensed
agency or agencies, if more than one agency is licensed at that
location. This section shall not apply to any licensee who notifies
the bureau in writing that the licensee
              is not conducting any business, but wishes to maintain
a current license status with the bureau. When the licensee resumes
conducting business, the licensee shall so inform the bureau in
writing within 30 days.
   SEC. 80.  Section 7507.9 of the Business and Professions Code is
amended to read:
   7507.9.  Personal effects shall be removed from the collateral,
including any personal effect that is mounted but detachable from the
collateral by a release mechanism. A complete and accurate inventory
of the personal effects shall be made, and the personal effects
shall be labeled and stored by the licensee for a minimum of 60 days
in a secure manner, except those personal effects removed by or in
the presence of the debtor or the party in possession of the
collateral at the time of the repossession. If the licensee or the
licensee's agent cannot determine whether the property attached to
the collateral is a personal effect or a part of the collateral, then
that fact shall be noted on the inventory and the licensee or agent
shall not be obligated to remove the item from the collateral, unless
the item can be removed without the use of tools, in which case it
shall be removed and inventoried. The licensee or the licensee's
agent shall notify the debtor that if the debtor takes the position
that an item is a personal effect, then the debtor shall contact the
legal owner to resolve the issue.
   (a) The date and time the inventory is made shall be indicated.
The permanent records of the licensee shall indicate the name of the
employee or registrant who performed the inventory.
   (b) The following items of personal effects are items determined
to present a danger or health hazard when recovered by the licensee
and shall be disposed of in the following manner:
   (1) Deadly weapons and dangerous drugs shall be turned over to any
law enforcement agency for retention. These items shall be entered
on the inventory and a notation shall be made as to the date and the
time and the place the deadly weapon or dangerous drug was turned
over to the law enforcement agency, and a receipt from the law
enforcement agency shall be maintained in the records of the
repossession agency.
   (2) Combustibles shall be inventoried and noted as "disposed of,
dangerous combustible," and the item shall be disposed of in a
reasonable and safe manner.
   (3) Food and other health hazard items shall be inventoried and
noted as "disposed of, health hazard," and disposed of in a
reasonable and safe manner.
   (c) Personal effects may be disposed of after being held for at
least 60 days. The inventory, and adequate information as to how,
when, and to whom the personal effects were disposed of, shall be
filed in the permanent records of the licensee.
   (d) The inventory shall include the name, address, business hours,
and telephone number of the repossession agency to contact for
recovering the personal effects and an itemization of all personal
effects removal and storage charges that will be made by the
repossession agency. The inventory shall also include the following
statement: "Please be advised that the property listed on this
inventory will be disposed of by the repossession agency after being
held for 60 days from the date of this notice IF UNCLAIMED."
   (e) The inventory shall be provided to a debtor not later than 48
hours after the recovery of the collateral, except that if:
   (1) The 48-hour period encompasses a Saturday, Sunday, or postal
holiday, the inventory shall be provided no later than 72 hours after
the recovery of the collateral.
   (2) The 48-hour period encompasses a Saturday or Sunday and a
postal holiday, the inventory shall be provided no later than 96
hours after the recovery of the collateral.
   (3) Inventory resulting from repossession of a yacht, motor home,
or travel trailer is such that it shall take at least four hours to
inventory, then the inventory shall be provided no later than 96
hours after the recovery of the collateral. When the 96-hour period
encompasses a Saturday, Sunday, or postal holiday, the inventory
shall be provided no later than 120 hours after the recovery of the
collateral.
   (f) Environmental, Olympic, special interest, or other license
plates issued pursuant to Article 8 (commencing with Section 5000),
Article 8.4 (commencing with Section 5060) or Article 8.5 (commencing
with Section 5100) of Chapter 1 of Division 3 of the Vehicle Code
that remain the personal effects of the debtor shall be removed from
the collateral and inventoried pursuant to this section. If the
plates are not claimed by the debtor within 60 days, they shall
either (1) be effectively destroyed and the licensee shall, within 30
days thereafter, notify the Department of Motor Vehicles of their
effective destruction on a form promulgated by the chief that has
been approved as to form by the Director of the Department of Motor
Vehicles; or (2) be retained by the licensee indefinitely to be
returned to the debtor upon request, in which case the licensee shall
not charge more than 60 days' storage on the plates.
   (g) The notice may be given by regular mail addressed to the last
known address of the debtor or by personal service at the option of
the repossession agency.
   (h) With the consent of the licensee, the debtor may waive the
preparation and presentation of an inventory if the debtor redeems
the personal effects or other personal property not covered by a
security interest within the time period for the notices required by
this section and signs a statement that he or she has received all
the property.
   (i) If personal effects or other personal property not covered by
a security agreement are to be released to someone other than the
debtor, the repossession agency may request written authorization to
do so from the debtor.
   (j) The inventory shall be a confidential document. A licensee
shall only disclose the contents of the inventory under the following
circumstances:
   (1) In response to the order of a court having jurisdiction to
issue the order.
   (2) In compliance with a lawful subpoena issued by a court of
competent jurisdiction.
   (3) When the debtor has consented in writing to the release and
the written consent is signed and dated by the debtor subsequent to
the repossession and states the entity or entities to whom the
contents of the inventory may be disclosed.
   (4) To the debtor.
   SEC. 81.  Section 7507.115 is added to the Business and
Professions Code, to read:
   7507.115.  A licensee shall not appraise the value of any
collateral.
   SEC. 82.  Section 7507.12 of the Business and Professions Code is
amended to read:
   7507.12.  With regard to collateral subject to registration under
the Vehicle Code, a repossession is complete when the repossessor
gains entry to the collateral or when the collateral becomes
connected to a tow truck or the repossessor's tow vehicle, as those
terms are defined in Section 615 of the Vehicle Code. No person other
than the legal owner may direct a repossessor to release a vehicle
without legal authority to do so.
   SEC. 83.  Section 7606 of the Business and Professions Code is
amended to read:
   7606.  The bureau may, pursuant to the provisions of the
Administrative Procedure Act, adopt and enforce reasonably necessary
rules and regulations relating to:
   (a) The practice of embalming.
   (b) The business of a funeral director.
   (c) The sanitary conditions of places where such practice or
business is conducted with particular regard to plumbing, sewage,
ventilation and equipment.
   (d) Specifying conditions for approval of funeral establishments
for apprentices and for approval of mortuary science programs.
   (e) The scope of examinations.
   (f) Carrying out generally the various provisions of this chapter
for the protection of the peace, health, safety, welfare and morals
of the public.
   SEC. 84.  Section 7616 of the Business and Professions Code is
amended to read:
   7616.  (a) A licensed funeral establishment is a place of business
conducted in a building or separate portion of a building having a
specific street address or location and devoted exclusively to those
activities as are incident, convenient, or related to the preparation
and arrangements, financial and otherwise, for the funeral,
transportation, burial or other disposition of human remains and
including, but not limited to, either of the following:
   (1) A suitable room for the storage of human remains.
   (2) A preparation room equipped with a sanitary flooring and
necessary drainage and ventilation and containing necessary
instruments and supplies for the preparation, sanitation, or
embalming of human remains for burial or transportation.
   (b) Licensed funeral establishments under common ownership or by
contractual agreement within close geographical proximity of each
other shall be deemed to be in compliance with the requirements of
paragraph (1) or (2) of subdivision (a) if at least one of the
establishments has a room described in those paragraphs.
   (c) Except as provided in Section 7609, and except accredited
mortuary science programs engaged in teaching students the art of
embalming, no person shall operate or maintain or hold himself or
herself out as operating or maintaining any of the facilities
specified in paragraph (2) of subdivision (a), unless he or she is
licensed as a funeral director.
   (d) Nothing in this section shall be construed to require a
funeral establishment to conduct its business or financial
transactions at the same location as its preparation or storage of
human remains.
   (e) Nothing in this chapter shall be deemed to render unlawful the
conduct of any ambulance service from the same premises as those on
which a licensed funeral establishment is conducted, including the
maintenance in connection with the funeral establishment of garages
for the ambulances and living quarters for ambulance drivers.
   (f) Every funeral establishment holding a funeral director's
license on December 31, 1996, shall, upon application and payment of
fees for renewal of its funeral director's license, be issued a
funeral establishment license.
   SEC. 85.  Section 7641 of the Business and Professions Code is
amended to read:
   7641.  It is unlawful for any person to embalm a body, or engage
in, or hold himself or herself out as engaged in practice as an
embalmer, unless he or she is licensed by the bureau. However, this
section shall have no effect on students and instructors of embalming
in mortuary science programs approved by the bureau.
   SEC. 86.  Section 7643 of the Business and Professions Code is
amended to read:
   7643.  In order to qualify for a license as an embalmer, the
applicant shall comply with all of the following requirements:
   (a) Be over 18 years of age.
   (b) Not have committed acts or crimes constituting grounds for
denial of licensure under Section 480.
   (c) Have completed at least two years of apprenticeship under an
embalmer licensed and engaged in practice as an embalmer in this
state in a funeral establishment which shall have been approved for
apprentices by the bureau and while so apprenticed shall have
assisted in embalming not fewer than 100 human remains; provided,
however, that a person who has been licensed and has practiced as an
embalmer for a minimum of three years within the seven years
preceding his or her application in any other state or country and
whose license has never been suspended or revoked for unethical
conduct shall not be required to serve any apprenticeship in this
state.
   (d) Have graduated from a mortuary science program approved by the
bureau and accredited by the American Board of Funeral Service
Education, or its equivalent, as determined by the bureau, and
furnished official transcripts from that program or equivalent.
   SEC. 87.  Section 7646 of the Business and Professions Code is
amended to read:
   7646.  (a) The bureau shall require the applicant to pass both of
the following:
   (1) The sciences section of the national examination administered
by the International Conference of Funeral Service Examining Boards,
or its equivalent, as determined by the bureau.
   (2) An examination, administered by the bureau, on the state's
laws and the rules and regulations of the bureau, including those
sections of the Health and Safety Code which pertain to the funeral
industry.
   (b) An applicant who has previously passed the sciences section of
the national examination described in paragraph (1) of subdivision
(a) shall be deemed to be in compliance with that paragraph.
   (c) An applicant who has previously failed the examination
administered by the bureau prior to January 1, 2010, may, until June
30, 2010, retake that examination. If the applicant passes that
examination, he or she shall be deemed to be in compliance with this
section.
   SEC. 88.  Section 7647 of the Business and Professions Code is
amended to read:
   7647.  Examinations shall be administered at times and places
determined by the bureau and the International Conference of Funeral
Service Examining Boards.
   The bureau shall give notice of the time and place of the
examination described in paragraph (2) of subdivision (a) of Section
7646.
   SEC. 89.  Section 7662 of the Business and Professions Code is
amended to read:
   7662.  In order to qualify as an apprentice embalmer, an applicant
shall comply with all of the following requirements:
   (a) Be over 18 years of age.
   (b) Not have committed acts or crimes constituting grounds for
denial of licensure under Section 480.
   (c) Do one of the following:
   (1) Furnish proof showing completion of a high school course.
   (2) Furnish the bureau with evidence that he or she has been
licensed and has practiced as an embalmer for a minimum of three
years within the seven years preceding his or her application in any
other state or country and that the license has never been suspended
or revoked for unethical conduct.
   (3) Have graduated from a mortuary science program approved by the
bureau and accredited by the American Board of Funeral Service
Education, or its equivalent, as determined by the bureau, and
furnished official transcripts from that program or equivalent.
   SEC. 90.  Section 7665 of the Business and Professions Code is
amended to read:
   7665.  All registered apprentice embalmers shall comply with the
following requirements during their period of apprenticeship:
   (a) Shall file a report of apprenticeship as follows:
   (1) On or before January 15 of each year covering the period of
apprenticeship ending as of December 31 preceding.
   (2) Upon change of supervising embalmer or employer, or both.
   (3) Upon completion of apprenticeship.
   (4) Upon application for leave of absence for a period in excess
of 15 days.
   (5) Upon suspending apprenticeship to attend a mortuary science
program.
   (6) Upon application for reregistration after suspension or
revocation of registration if a complete report of previous
registration has not been filed.
   (b) The information contained in the report shall consist of a
concise summary of the work done by the apprentice during the period
covered thereby, shall be verified by the apprentice and certified to
as correct by his or her supervising embalmer and employer. Upon
request of the bureau, each funeral director in whose establishment
an apprenticeship is being, or has been, served, and each embalmer
under whose instruction or supervision an apprenticeship is being or
has been served, shall promptly file with the bureau a report or such
other information as may be requested relating to the
apprenticeship. Failure to comply with the request is cause for
revocation by the bureau of the approval granted to the funeral
director or embalmer for the training of apprentices and is also a
cause for disciplinary action against the funeral director or
embalmer.
   SEC. 91.  Section 7666 of the Business and Professions Code is
amended to read:
   7666.  (a) The term of apprenticeship shall be two years. However,
if an apprentice after having served his or her apprenticeship fails
to pass the examinations required for an embalmer's license, he or
she may continue for one additional term of apprenticeship, which
shall be the maximum apprenticeship permitted and provided further
that an apprentice may, upon filing an application therefor, be
permitted to continue the apprenticeship for a period not to exceed
six months, if approved, for any of the following reasons:
   (1) While awaiting the processing of applications submitted to the
bureau.
   (2) While awaiting notification of grades of examinations required
under Section 7646.
   (3) While awaiting the commencement of a class of a mortuary
science program when the apprentice intends to enroll in the program.

   Applications filed for an extension of apprenticeship shall be
filed by the applicant with the bureau not fewer than 15 days prior
to the date the applicant requests the extension to commence.
   (b) Terms of apprenticeship may be served before, after, or
divided by the mortuary science program at the option of the
apprentice; provided, however, that the term of apprenticeship must
be completed, excluding time spent in active military service, within
six years from the date of original registration, or from the date
an apprentice successfully passes the examinations for an embalmer's
license required in Section 7646, whichever first occurs, and
provided further that if the term of apprenticeship is not completed
within the six-year period, the bureau may require that the applicant
serve the additional term of apprenticeship, not to exceed two
years.
   (c) A student attending a mortuary science program may register as
an apprentice during the program term but shall receive no credit
for apprenticeship on the term required by this code unless he or she
is also a full-time employee of a funeral director.
   (d) An apprentice while serving his or her required term of
apprenticeship shall be a full-time employee in the funeral
establishment in which he or she is employed.
   SEC. 92.  Section 7671 of the Business and Professions Code is
amended to read:
   7671.  No person who is a duly registered apprentice or a student
at an approved mortuary science program in California at the time of
any amendment to this chapter raising the requirements for apprentice
embalmers or license as an embalmer shall be required to comply with
the provisions of that amendment.
   SEC. 93.  Section 7725.5 of the Business and Professions Code is
amended to read:
   7725.5.  A license that is not renewed within five years after its
expiration may not be renewed, restored, reissued, or reinstated
thereafter. The holder of the expired license may obtain a new
license only if the holder pays all of the fees, and meets all of the
requirements, other than requirements relating to education, set
forth in this chapter for obtaining an original license, except that
the bureau may issue a new license to the holder without examination
if the holder establishes to the bureau's satisfaction that, with due
regard for the public interest, the holder is qualified to engage in
the activity in which the holder again seeks to be licensed. The
bureau may, by appropriate regulation, provide for the waiver or
refund of all or any part of the application fee in those cases in
which a license is issued without examination under this section.
   The provisions of this section do not apply to certificates of
apprenticeship.
   SEC. 94.  Section 7729 of the Business and Professions Code is
amended to read:
   7729.  The amount of the fees prescribed by this chapter shall be
fixed according to the following schedule with the minimum amount
specified being the amount fixed on January 1, 1988.
   (a) The application fee for a funeral director's license shall be
not less than one hundred dollars ($100) and not more than two
hundred dollars ($200).
   (b) The application fee for change of location of a funeral
establishment's license shall be not less than one hundred fifty
dollars ($150) and not more than two hundred fifty dollars ($250).
   (c) The application fee for permission to assign a funeral
establishment's license shall be not less than two hundred dollars
($200) and not more than three hundred dollars ($300).
   (d) The license renewal fee payable by a licensed funeral director
shall be not less than one hundred dollars ($100) and not more than
two hundred dollars ($200). The fee for a delinquent renewal of a
funeral director's license shall be 150 percent of the timely renewal
fee.
   (e) The application fee for an embalmer's license and the
examination on the state's laws required under paragraph (2) of
subdivision (a) of Section 7646 for the license shall be not less
than one hundred dollars ($100) and not more than one hundred fifty
dollars ($150).
   (f) The renewal fee payable by a licensed embalmer shall be not
less than seventy-five dollars ($75) and not more than one hundred
twenty-five dollars ($125). The fee for a delinquent renewal of an
embalmer's license shall be 150 percent of the timely renewal fee.
   (g) The application fee for a certificate of registration as an
apprentice embalmer shall be not less than thirty dollars ($30) and
not more than sixty dollars ($60).
   (h) The fee for an application by a funeral establishment for
approval to train apprentice embalmers and for renewal of that
approval shall be not less than fifty dollars ($50) and not more than
one hundred dollars ($100).
   (i) The application fee for a funeral director's examination shall
be not less than seventy-five dollars ($75) and not more than one
hundred dollars ($100).
   (j) The fee for a timely filing of an individual report or a
combined report on preneed trust funds shall be not less than one
hundred dollars ($100) and not more than two hundred dollars ($200).
The fee for a late filing of any report on preneed trust funds shall
be 150 percent of the applicable timely fee.
   (k) The application fee for permission to change the name
appearing on a funeral establishment's license shall be not less than
one hundred dollars ($100) and not more than two hundred dollars
($200), and for permission to change the name on any other license or
certificate, not less than twenty dollars ($20) and not more than
forty dollars ($40).
   () The application fee for a duplicate funeral director's license,
a duplicate funeral establishment's license, a duplicate embalmer's
license, or a duplicate certificate of registration as an apprentice
embalmer, shall be not less than twenty dollars ($20) and not more
than forty dollars ($40).
   (m) The fee for filing a report of a change of corporate officers,
managers, or preneed trust fund trustees shall be not less than
twenty-five dollars ($25) and not more than fifty dollars ($50).
   (n) The application fee for a funeral establishment license shall
be not less than three hundred dollars ($300) and not more than four
hundred dollars ($400).
   (o) The license renewal fee for a licensed funeral establishment
shall be not less than three hundred dollars ($300) nor more than
four hundred dollars ($400).
   SEC. 95.  Section 9884.2 of the Business and Professions Code is
amended to read:
   9884.2.  Upon receipt of the form properly filled out and receipt
of the required fee, the director shall issue the registration and
send a proof of issuance to the automotive repair dealer. The
director shall by regulation prescribe conditions that he or she
determines are necessary to ensure future compliance with this
chapter, upon which a person, whose registration has previously been
revoked or has previously been denied or who has committed acts
prohibited by Section 9884.7 while an automotive repair dealer or
mechanic or while an employee, partner, officer or member of an
automotive repair dealer, may have his or her registration issued.
   SEC. 96.  Section 9884.7 of the Business and Professions Code is
amended to read:
   9884.7.  (a) The director, where the automotive repair dealer
cannot show there was a bona fide error, may deny, suspend, revoke,
or place on probation the registration of an automotive repair dealer
for any of the following acts or omissions related to the conduct of
the business of the automotive repair dealer, which are done by the
automotive repair dealer or any automotive technician, employee,
partner, officer, or member of the automotive repair dealer.
   (1) Making or authorizing in any manner or by any means whatever
any statement written or oral which is untrue or misleading, and
which is known, or which by the exercise of reasonable care should be
known, to be untrue or misleading.
   (2) Causing or allowing a customer to sign any work order that
does not state the repairs requested by the customer or the
automobile's odometer reading at the time of repair.
   (3) Failing or refusing to give to a customer a copy of any
document requiring his or her signature, as soon as the customer
signs the document.
   (4) Any other conduct that constitutes fraud.
   (5) Conduct constituting gross negligence.
   (6) Failure in any material respect to comply with the provisions
of this chapter or regulations adopted pursuant to it.
   (7) Any willful departure from or disregard of accepted trade
standards for good and workmanlike repair in any material respect,
which is prejudicial to another without consent of the owner or his
or her duly authorized representative.
   (8) Making false promises of a character likely to influence,
persuade, or induce a customer to authorize the repair, service, or
maintenance of automobiles.
   (9) Having repair work done by someone other than the dealer or
his or her employees without the knowledge or consent of the customer
unless the dealer can demonstrate that the customer could not
reasonably have been notified.
   (10) Conviction of a violation of Section 551 of the Penal Code.
   Upon denying a registration, the director shall notify the
applicant thereof, in writing, by personal service or mail addressed
to the address of the applicant set forth in the application, and the
applicant shall be given a hearing under Section 9884.12 if, within
30 days thereafter, he or she files with the bureau a written request
for hearing, otherwise the denial is deemed affirmed.
   (b) Except as provided for in subdivision (c), if an automotive
repair dealer operates more than one place of business in this state,
the director pursuant to subdivision (a) shall only suspend, revoke,
or place on probation the registration of the specific place of
business which has violated any of the provisions of this chapter.
This violation, or action by the director, shall not affect in any
manner the right of the
automotive repair dealer to operate his or her other places of
business.
   (c) Notwithstanding subdivision (b), the director may suspend,
revoke, or place on probation the registration for all places of
business operated in this state by an automotive repair dealer upon a
finding that the automotive repair dealer has, or is, engaged in a
course of repeated and willful violations of this chapter, or
regulations adopted pursuant to it.
   SEC. 97.  Section 9884.12 of the Business and Professions Code is
amended to read:
   9884.12.  All proceedings to deny, suspend, revoke, or place on
probation a registration shall be conducted pursuant to Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code.
   SEC. 98.  Section 9889.3 of the Business and Professions Code is
amended to read:
   9889.3.  The director may suspend, revoke, or take other
disciplinary action against a license as provided in this article if
the licensee or any partner, officer, or director thereof:
   (a) Violates any section of the Business and Professions Code that
relates to his or her licensed activities.
   (b) Is convicted of any crime substantially related to the
qualifications, functions, or duties of the licenseholder in
question.
   (c) Violates any of the regulations promulgated by the director
pursuant to this chapter.
   (d) Commits any act involving dishonesty, fraud, or deceit whereby
another is injured.
   (e) Has misrepresented a material fact in obtaining a license.
   (f) Aids or abets an unlicensed person to evade the provisions of
this chapter.
   (g) Fails to make and keep records showing his or her transactions
as a licensee, or fails to have the records available for inspection
by the director or his or her duly authorized representative for a
period of not less than three years after completion of any
transaction to which the records refer, or refuses to comply with a
written request of the director to make the record available for
inspection.
   (h) Violates or attempts to violate the provisions of this chapter
relating to the particular activity for which he or she is licensed.

   (i) Is convicted of a violation of Section 551 of the Penal Code.
   SEC. 99.  Section 10146 of the Business and Professions Code is
amended to read:
   10146.  Any real estate broker who contracts for or collects an
advance fee from any other person, hereinafter referred to as the
"principal," shall deposit any such amount or amounts, when collected
in a trust account with a bank or other recognized depository. Such
funds are trust funds and not the funds of the agent. Amounts may be
withdrawn therefrom for the benefit of the agent only when actually
expended for the benefit of the principal or five days after the
verified accounts mentioned hereinafter have been mailed to the
principal. Upon request of the commissioner, a broker shall furnish
to the commissioner an authorization for examination of financial
records of the trust account in accordance with the procedures set
forth in Section 7473 of the Government Code.
   The commissioner may issue such rules and regulations as he or she
deems necessary to regulate the method of accounting, and to
accomplish the purpose of the provisions of this code relating to
advance fees including, but not limited to, establishing forms for
and determining information to be included in such accountings. Each
principal shall be furnished a verified copy of such accountings at
the end of each calendar quarter and when the contract has been
completely performed by the licensee. The commissioner shall be
furnished a verified copy of any account or all accounts on his or
her demand therefor.
   Where advance fees actually paid by or on behalf of any principal
are not handled in accordance with the preceding paragraph, it shall
be presumed that the agent has violated Sections 506 and 506a of the
Penal Code. The principal may recover treble damages for amounts so
misapplied and shall be entitled to reasonable attorney's fees in any
action brought to recover the same.
   SEC. 100.  Section 44014.2 of the Health and Safety Code is
amended to read:
   44014.2.  (a) The department shall develop a program for the
voluntary certification of licensed smog check stations, or the
department may accept a smog check station certification program
proposed by accredited industry representatives. The certification
program, which may be called a "gold shield" program, shall be for
the purpose of providing consumers, whose vehicles fail an emissions
test at a test-only facility, an option of services at a single
location to prevent the necessity for additional trips back to the
test-only facility for vehicle certification.
   (b) As soon as is practicable, but not later than January 1, 2004,
the department shall adopt regulations that apply to all enhanced
areas of the state, including those areas subject to the enhanced
program pursuant to Section 44003.5, that permit both of the
following:
   (1) Any vehicle that fails a required smog test at a test-only
facility may be repaired, retested, and certified at a facility
licensed pursuant to Section 44014, and certified pursuant to
subdivision (a).
   (2) Any vehicle that is identified as a gross polluter may be
repaired, retested, and certified at a facility licensed pursuant to
Section 44014, and certified pursuant to subdivision (a).
   (c) Smog check stations that seek voluntary certification under
this section shall enter into an agreement with the department to
provide repair services pursuant to Section 44062.1.
   (d) An agreement made pursuant to this section shall not be deemed
to be a contract subject to the requirements of Part 2 (commencing
with Section 10100) of Division 2 of the Public Contract Code.
   SEC. 101.  Section 44017.3 of the Health and Safety Code is
amended to read:
   44017.3.  (a)  The department shall provide a licensed smog check
station with a sign informing customers about options when their
vehicle fails a biennial smog check inspection, including, but not
limited to, the option for qualified consumers to retire vehicles,
receive repair assistance, or obtain repair cost waivers. The sign
shall include the department's means of contact, including, but not
limited to, its telephone number and Internet Web site. This sign
shall be posted conspicuously in an area frequented by customers. The
sign shall be required in all licensed smog check stations.
   (b) In stations where licensed smog check technician repairs are
not performed, the station shall have posted conspicuously in an area
frequented by customers a statement that repair technicians are not
available and repairs are not performed.
   SEC. 102.  Section 44072.1 of the Health and Safety Code is
amended to read:
   44072.1.  The director may deny a license if the applicant, or any
partner, officer, or director thereof, does any of the following:
   (a)  Fails to meet the qualifications established by the bureau
pursuant to Articles 2 (commencing with Section 44010) and 3
(commencing with Section 44030) and the regulations adopted for the
issuance of the license applied for.
   (b)  Was previously the holder of a license issued under this
chapter, which license has been revoked and never reissued or which
license was suspended and the terms of the suspension have not been
fulfilled.
   (c)  Has committed any act that, if committed by any licensee,
would be grounds for the suspension or revocation of a license issued
pursuant to this chapter.
   (d)  Has committed any act involving dishonesty, fraud, or deceit
whereby another is injured or whereby the applicant has benefited.
   (e)  Has acted in the capacity of a licensed person or firm under
this chapter without having a license therefor.
   (f)  Has entered a plea of guilty or nolo contendere to, or been
found guilty of, or been convicted of a crime substantially related
to the qualifications, functions, or duties of the licenseholder in
question, and the time for appeal has elapsed or the judgment of
conviction has been affirmed on appeal, irrespective of an order
granting probation following the conviction, suspending the
imposition of sentence, or of a subsequent order under Section 1203.4
of the Penal Code allowing the person to withdraw a plea of guilty
and to enter a plea of not guilty, or setting aside the plea or
verdict of guilty, or dismissing the accusation or information.
   SEC. 103.  Section 44072.2 of the Health and Safety Code is
amended to read:
   44072.2.  The director may suspend, revoke, or take other
disciplinary action against a license as provided in this article if
the licensee, or any partner, officer, or director thereof, does any
of the following:
   (a)  Violates any section of this chapter and the regulations
adopted pursuant to it, which related to the licensed activities.
   (b)  Is convicted of any crime substantially related to the
qualifications, functions, or duties of the licenseholder in
question.
   (c)  Violates any of the regulations adopted by the director
pursuant to this chapter.
   (d)  Commits any act involving dishonesty, fraud, or deceit
whereby another is injured.
   (e)  Has misrepresented a material fact in obtaining a license.
   (f)  Aids or abets unlicensed persons to evade the provisions of
this chapter.
   (g)  Fails to make and keep records showing his or her
transactions as a licensee, or fails to have those records available
for inspection by the director or his or her duly authorized
representative for a period of not less than three years after
completion of any transaction to which the records refer, or refuses
to comply with a written request of the director to make the records
available for inspection.
   (h)  Violates or attempts to violate the provisions of this
chapter relating to the particular activity for which he or she is
licensed.
   SEC. 104.  Section 44095 of the Health and Safety Code is amended
to read:
   44095.  (a)  The department shall administer the program in
accordance with regulations adopted by the department.
   (b)  (1)  Nothing in this article shall be construed as
superseding or precluding any similar program that is administered by
a district, any other public agency, or any other person.
   (2)  The state board shall develop a methodology for, and shall
undertake, a uniform data analysis of the program operated pursuant
to this article and any similar programs operated in this state for
the purpose of providing an accounting of the emission reductions
that are achieved by all such programs.
   (c)  The department may directly operate the program or may
provide for the program's operation pursuant to an agreement. The
department may enter into an agreement with local agencies, community
colleges, air quality management districts, or private entities to
perform all or any portion of the program.
   SEC. 105.  Section 123105 of the Health and Safety Code is amended
to read:
   123105.  As used in this chapter:
   (a) "Health care provider" means any of the following:
   (1) A health facility licensed pursuant to Chapter 2 (commencing
with Section 1250) of Division 2.
   (2) A clinic licensed pursuant to Chapter 1 (commencing with
Section 1200) of Division 2.
   (3) A home health agency licensed pursuant to Chapter 8
(commencing with Section 1725) of Division 2.
   (4) A physician and surgeon licensed pursuant to Chapter 5
(commencing with Section 2000) of Division 2 of the Business and
Professions Code or pursuant to the Osteopathic Act.
   (5) A podiatrist licensed pursuant to Article 22 (commencing with
Section 2460) of Chapter 5 of Division 2 of the Business and
Professions Code.
   (6) A dentist licensed pursuant to Chapter 4 (commencing with
Section 1600) of Division 2 of the Business and Professions Code.
   (7) A psychologist licensed pursuant to Chapter 6.6 (commencing
with Section 2900) of Division 2 of the Business and Professions
Code.
   (8) An optometrist licensed pursuant to Chapter 7 (commencing with
Section 3000) of Division 2 of the Business and Professions Code.
   (9) A chiropractor licensed pursuant to the Chiropractic
Initiative Act.
   (10) A marriage and family therapist licensed pursuant to Chapter
13 (commencing with Section 4980) of Division 2 of the Business and
Professions Code.
   (11) A clinical social worker licensed pursuant to Chapter 14
(commencing with Section 4990) of Division 2 of the Business and
Professions Code.
   (12) A physical therapist licensed pursuant to Chapter 5.7
(commencing with Section 2600) of Division 2 of the Business and
Professions Code.
   (13) An occupational therapist licensed pursuant to Chapter 5.6
(commencing with Section 2570).
   (b) "Mental health records" means patient records, or discrete
portions thereof, specifically relating to evaluation or treatment of
a mental disorder. "Mental health records" includes, but is not
limited to, all alcohol and drug abuse records.
   (c) "Patient" means a patient or former patient of a health care
provider.
   (d) "Patient records" means records in any form or medium
maintained by, or in the custody or control of, a health care
provider relating to the health history, diagnosis, or condition of a
patient, or relating to treatment provided or proposed to be
provided to the patient. "Patient records" includes only records
pertaining to the patient requesting the records or whose
representative requests the records. "Patient records" does not
include information given in confidence to a health care provider by
a person other than another health care provider or the patient, and
that material may be removed from any records prior to inspection or
copying under Section 123110 or 123115. "Patient records" does not
include information contained in aggregate form, such as indices,
registers, or logs.
   (e) "Patient's representative" or "representative" means any of
the following:
   (1) A parent or guardian of a minor who is a patient.
   (2) The guardian or conservator of the person of an adult patient.

   (3) An agent as defined in Section 4607 of the Probate Code, to
the extent necessary for the agent to fulfill his or her duties as
set forth in Division 4.7 (commencing with Section 4600) of the
Probate Code.
   (4) The beneficiary as defined in Section 24 of the Probate Code
or personal representative as defined in Section 58 of the Probate
Code, of a deceased patient.
   (f) "Alcohol and drug abuse records" means patient records, or
discrete portions thereof, specifically relating to evaluation and
treatment of alcoholism or drug abuse.
   SEC. 106.   Section 28 of the Vehicle Code is amended to read:
   28.  (a) Whenever possession is taken of any vehicle by or on
behalf of any legal owner thereof under the terms of a security
agreement or lease agreement, the person taking possession shall
notify, within one hour after taking possession of the vehicle, and
by the most expeditious means available, the city police department
where the taking of possession occurred, if within an incorporated
city, or the sheriff's department of the county where the taking of
possession occurred, if outside an incorporated city, or the police
department of a campus of the University of California or the
California State University, if the taking of possession occurred on
that campus, and shall within one business day forward a written
notice to the city police or sheriff's department.
   (b) If possession is taken of more than one vehicle, the
possession of each vehicle shall be considered and reported as a
separate event.
   (c) Any person failing to notify the city police department,
sheriff's department, or campus police department as required by this
section is guilty of an infraction, and shall be fined a minimum of
three hundred dollars ($300), and up to five hundred dollars ($500).
The district attorney, city attorney, or city prosecutor shall
promptly notify the Bureau of Security and Investigative Services of
any conviction resulting from a violation of this section.
   SEC. 107.   Section 5201 of the Vehicle Code is amended to read:
   5201.  License plates shall at all times be securely fastened to
the vehicle for which they are issued so as to prevent the plates
from swinging, shall be mounted in a position so as to be clearly
visible, and shall be maintained in a condition so as to be clearly
legible. The rear license plate shall be mounted not less than 12
inches nor more than 60 inches from the ground, and the front license
plate shall be mounted not more than 60 inches from the ground,
except as follows:
   (a) The rear license plate on a tow truck or repossessor's tow
vehicle may be mounted on the left-hand side of the mast assembly at
the rear of the cab of the vehicle, not less than 12 inches nor more
than 90 inches from the ground.
   (b) The rear license plate on a tank vehicle hauling hazardous
waste, as defined in Section 25117 of the Health and Safety Code, or
asphalt material may be mounted not less than 12 inches nor more than
90 inches from the ground.
   (c) The rear license plate on a truck tractor may be mounted at
the rear of the cab of the vehicle, but not less than 12 inches nor
more than 90 inches from the ground.
   (d) The rear license plate of a vehicle designed by the
manufacturer for the collection and transportation of garbage,
rubbish, or refuse that is used regularly for the collection and
transportation of that material by any person or governmental entity
employed to collect, transport, and dispose of garbage, rubbish, or
refuse may be mounted not less than 12 inches nor more than 90 inches
from the ground.
   (e) The rear license plate on a two-axle livestock trailer may be
mounted 12 inches or more, but not more than 90 inches, from the
ground.
   (f) A covering shall not be used on license plates except as
follows:
   (1) The installation of a cover over a lawfully parked vehicle to
protect it from the weather and the elements does not constitute a
violation of this subdivision. Any peace officer or other regularly
salaried employee of a public agency designated to enforce laws,
including local ordinances, relating to the parking of vehicles may
temporarily remove so much of the cover as is necessary to inspect
any license plate, tab, or indicia of registration on a vehicle.
   (2) The installation of a license plate security cover is not a
violation of this subdivision if the device does not obstruct or
impair the recognition of the license plate information, including,
but not limited to, the issuing state, license plate number, and
registration tabs, and the cover is limited to the area directly over
the top of the registration tabs. No portion of a license plate
security cover shall rest over the license plate number.
   (g) A casing, shield, frame, border, product, or other device that
obstructs or impairs the reading or recognition of a license plate
by an electronic device operated by state or local law enforcement,
an electronic device operated in connection with a toll road,
high-occupancy toll lane, toll bridge, or other toll facility, or a
remote emission sensing device, as specified in Sections 44081 and
44081.6 of the Health and Safety Code, shall not be installed on, or
affixed to, a vehicle.
   (h) (1) It is the intent of the Legislature that an accommodation
be made to persons with disabilities and to those persons who
regularly transport persons with disabilities, to allow the removal
and relocation of wheelchair lifts and wheelchair carriers without
the necessity of removing and reattaching the vehicle's rear license
plate. Therefore, it is not a violation of this section if the
reading or recognition of a rear license plate is obstructed or
impaired by a wheelchair lift or wheelchair carrier and all of the
following requirements are met:
   (A) The owner of the vehicle has been issued a special
identification license plate pursuant to Section 5007, or the person
using the wheelchair that is carried on the vehicle has been issued a
distinguishing placard under Section 22511.55.
   (B) (i) The operator of the vehicle displays a decal, designed and
issued by the department, that contains the license plate number
assigned to the vehicle transporting the wheelchair.
   (ii) The decal is displayed on the rear window of the vehicle, in
a location determined by the department, in consultation with the
Department of the California Highway Patrol, so as to be clearly
visible to law enforcement.
   (2) Notwithstanding any other provision of law, if a decal is
displayed pursuant to this subdivision, the requirements of this code
that require the illumination of the license plate and the license
plate number do not apply.
   (3) The department shall adopt regulations governing the
procedures for accepting and approving applications for decals, and
issuing decals, authorized by this subdivision.
   (4) This subdivision does not apply to a front license plate.
   SEC. 108.   Section 24603 of the Vehicle Code is amended to read:
   24603.  Every motor vehicle that is not in combination with any
other vehicle and every vehicle at the end of a combination of
vehicles shall at all times be equipped with stoplamps mounted on the
rear as follows:
   (a) Every such vehicle shall be equipped with one or more
stoplamps.
   (b) Every such vehicle, other than a motorcycle, manufactured and
first registered on or after January 1, 1958, shall be equipped with
two stoplamps, except that trailers and semitrailers manufactured
after July 23, 1973, which are less than 30 inches wide, may be
equipped with one stoplamp which shall be mounted at or near the
vertical centerline of the trailer. If such vehicle is equipped with
two stoplamps, they shall be mounted as specified in subdivision (d).

   (c)  Except as provided in subdivision (h), stoplamps on vehicles
manufactured on or after January 1, 1969, shall be mounted not lower
than 15 inches nor higher than 72 inches, except that a tow truck or
a repossessor's tow vehicle, in addition to being equipped with the
required stoplamps, may also be equipped with two stoplamps which may
be mounted not lower than 15 inches nor higher than the maximum
allowable vehicle height and as far forward as the rearmost portion
of the driver's seat in the rearmost position.
   (d) Where two stoplamps are required, at least one shall be
mounted at the left and one at the right side, respectively, at the
same level.
   (e) Stoplamps on vehicles manufactured on or after January 1,
1979, shall emit a red light. Stoplamps on vehicles manufactured
before January 1, 1979, shall emit a red or yellow light. All
stoplamps shall be plainly visible and understandable from a distance
of 300 feet to the rear both during normal sunlight and at
nighttime, except that stoplamps on a vehicle of a size required to
be equipped with clearance lamps shall be visible from a distance of
500 feet during those times.
   (f) Stoplamps shall be activated upon application of the service
(foot) brake and the hand control head for air, vacuum, or electric
brakes. In addition, all stoplamps may be activated by a mechanical
device designed to function only upon sudden release of the
accelerator while the vehicle is in motion. Stoplamps on vehicles
equipped with a manual transmission may be manually activated by a
mechanical device when the vehicle is downshifted if the device is
automatically rendered inoperative while the vehicle is accelerating.

   (g) Any vehicle may be equipped with supplemental stoplamps
mounted to the rear of the rearmost portion of the driver's seat in
its rearmost position in addition to the lamps required to be mounted
on the rear of the vehicle. Supplemental stoplamps installed after
January 1, 1979, shall be red in color and mounted not lower than 15
inches above the roadway. The supplemental stoplamp on that side of a
vehicle toward which a turn will be made may flash as part of the
supplemental turn signal lamp.
   A supplemental stoplamp may be mounted inside the rear window of a
vehicle, if it is mounted at the centerline of the vehicle and is
constructed and mounted so as to prevent any light, other than a
monitorial indicator emitted from the device, either direct or
reflected, from being visible to the driver.
   (h) Any supplemental stoplamp installed after January 1, 1987,
shall comply with Federal Motor Vehicle Safety Standard No. 108 (49
C.F.R. 571.108). Any vehicle equipped with a stoplamp that complies
with the federal motor vehicle safety standards applicable to that
make and model vehicle shall conform to that applicable safety
standard unless modified to comply with the federal motor vehicle
safety standard designated in this subdivision.
  SEC. 109.   Section 3 of Chapter 294 of the Statutes of 2004 is
amended to read:
  Sec. 3.  The sum of one hundred thirty-eight thousand dollars
($138,000) in the 2004-05 fiscal year, and the sum of two hundred
sixty-four thousand dollars ($264,000) in the 2005-06 fiscal year and
subsequent fiscal years, is hereby appropriated from the State
Dental Hygiene Fund to the Dental Hygiene Committee of California for
operating expenses necessary to manage the dental hygiene licensing
examination.
  SEC. 110.  Section 42 of this bill incorporates amendments to
Section 4160 of the Business and Professions Code proposed by both
this bill and AB 1071. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2010,
(2) each bill amends Section 4160 of the Business and Professions
Code, and (3) this bill is enacted after AB 1071, in which case
Section 41 of this bill shall not become operative.
   SEC. 111.   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.