Bill Text: CA SB1474 | 2019-2020 | Regular Session | Amended
Bill Title: Business and professions.
Spectrum:
Status: (Passed) 2020-09-29 - Chaptered by Secretary of State. Chapter 312, Statutes of 2020. [SB1474 Detail]
Download: California-2019-SB1474-Amended.html
Amended
IN
Assembly
August 10, 2020 |
Amended
IN
Assembly
July 27, 2020 |
Amended
IN
Senate
June 18, 2020 |
Amended
IN
Senate
May 14, 2020 |
Introduced by Committee on Business, Professions and Economic Development (Senators Glazer (Chair), Archuleta, Chang, Dodd, Galgiani, Hill, Leyva, Pan, and Wilk) (Principal coauthor: Assembly Member Low) (Coauthor: Senator Morrell) |
March 16, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
(4)Existing law provides for the licensure, registration, and regulation of clinical laboratories and various clinical
laboratory personnel by the State Department of Public Health. Existing law requires a clinical laboratory test or examination classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) to be performed under the overall operation and administration of a laboratory director, which is defined to include certain licensees.
This bill would expand the definition of “laboratory director” to include licensed dentists.
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(9)Existing law provides for the licensure and regulation of landscape architects by the
California Architects Board and the Landscape Architects Technical Committee of the California Architects Board.
This bill would authorize the board to obtain and review criminal offender record information and would require an applicant, as a condition of licensure, to furnish to the Department of Justice a full set of fingerprints for the purpose of conducting a criminal history record check and criminal offender record information search. The bill would require the applicant to pay the reasonable regulatory costs for furnishing the fingerprints and conducting the searches, and would require the applicant to certify, under penalty of perjury, whether the applicant’s fingerprints have been furnished to the Department of Justice. By expanding the crime of perjury, the bill would impose a state-mandated local program.
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Digest Key
Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 27 of the Business and Professions Code is amended to read:27.
(a) Each entity specified in subdivisions (c), (d), and (e) shall provide on the internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The public information to be provided on the internet shall include information on suspensions and revocations of licenses issued by the entity and other related enforcement action, including accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) taken by the entity relative to persons, businesses, or facilities subject to licensure or regulation by the entity. The information may not include personal information, including home telephone number, date of birth, or social security number. Each entity shall disclose a licensee’s address of record. However, each entity shall allow a licensee to provide a post office box number or other alternate address, instead of the licensee’s home address, as the address of record. This section shall not preclude an entity from also requiring a licensee, who has provided a post office box number or other alternative mailing address as the licensee’s address of record, to provide a physical business address or residence address only for the entity’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the internet.SEC. 2.
Section 101 of the Business and Professions Code is amended to read:101.
The department is comprised of the following:SEC. 3.
Section 125.9 of the Business and Professions Code is amended to read:125.9.
(a) Except with respect to persons regulated under Chapter 11 (commencing with Section 7500), any board, bureau, or commission within the department, the State Board of Chiropractic Examiners, and the Osteopathic Medical Board of California, may establish, by regulation, a system for the issuance to a licensee of a citation which may contain an order of abatement or an order to pay an administrative fine assessed by the board, bureau, or commission where the licensee is in violation of the applicable licensing act or any regulation adopted pursuant thereto.SEC. 4.
Section 130 of the Business and Professions Code is amended to read:130.
(a) Notwithstanding any other law, the term of office of any member of an agency designated in subdivision (b) shall be for a term of four years expiring on June 1.SEC. 5.
Section 144 of the Business and Professions Code is amended to read:144.
(a) Notwithstanding any other law, an agency designated in subdivision (b) shall require an applicant to furnish to the agency a full set of fingerprints for purposes of conducting criminal history record checks. Any agency designated in subdivision (b) may obtain and receive, at its discretion, criminal history information from the Department of Justice and the United States Federal Bureau of Investigation.SEC. 6.
Section 200.1 of the Business and Professions Code is amended to read:200.1.
(a) Any accruals that occur on or after September 11, 1993, to any funds or accounts within the Professions and Vocations Fund that realize increased revenues to that fund or account as a result of legislation enacted on or after September 11, 1993, and that have not been transferred pursuant to Sections 13.50, 13.60, and 13.70 of the Budget Act of 1993 on the effective date of the act that enacted this section, shall be exempt from the transfers contained in Sections 13.50, 13.60, and 13.70 of the Budget Act of 1993. These funds shall include, but not be limited to, all of the following:SEC. 7.
Section 205 of the Business and Professions Code, as amended by Section 2 of Chapter 865 of the Statutes of 2019, is amended to read:205.
(a) There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:SEC. 8.
Section 205 of the Business and Professions Code, as added by Section 3 of Chapter 865 of the Statutes of 2019, is amended to read:205.
(a) There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:SEC. 9.
Section 494.5 of the Business and Professions Code is amended to read:494.5.
(a) (1) Except as provided in paragraphs (2), (3), and (4), a state governmental licensing entity shall refuse to issue, reactivate, reinstate, or renew a license and shall suspend a license if a licensee’s name is included on a certified list.SEC. 10.
Section 1000 of the Business and Professions Code is amended to read:1000.
(a) The law governing practitioners of chiropractic is found in an initiative act entitled “An act prescribing the terms upon which licenses may be issued to practitioners of chiropractic, creating the State Board of Chiropractic Examiners and declaring its powers and duties, prescribing penalties for violation hereof, and repealing all acts and parts of acts inconsistent herewith,” adopted by the electors November 7, 1922.(a)As used in this chapter, “laboratory director” means any person who is any of the following:
(1)A duly licensed physician and surgeon.
(2)Only for purposes of a clinical laboratory test or examination classified as waived, is any of the following:
(A)A duly licensed clinical laboratory scientist.
(B)A duly licensed limited clinical laboratory scientist.
(C)A duly licensed naturopathic doctor.
(D)A duly licensed optometrist serving as
the director of a laboratory that only performs clinical laboratory tests authorized in paragraph (10) of subdivision (d) of Section 3041.
(E)A duly licensed dentist.
(3)Licensed to direct a clinical laboratory under this chapter.
(b)(1)A person defined in paragraph (1) or (3) of subdivision (a) who is identified as the CLIA laboratory director of a laboratory that performs clinical laboratory tests classified as moderate or high complexity shall also meet the laboratory director qualifications under CLIA for the type and complexity of tests being offered by the laboratory.
(2)As used in this subdivision, “CLIA
laboratory director” means the person identified as the laboratory director on the CLIA certificate issued to the laboratory by the federal Centers for Medicare and Medicaid Services (CMS).
(c)The laboratory director, if qualified under CLIA, may perform the duties of the technical consultant, technical supervisor, clinical consultant, general supervisor, and testing personnel, or delegate these responsibilities to persons qualified under CLIA. If the laboratory director reapportions performance of those responsibilities or duties, they shall remain responsible for ensuring that all those duties and responsibilities are properly performed.
(d)(1)The
laboratory director is responsible for the overall operation and administration of the clinical laboratory, including administering the technical and scientific operation of a clinical laboratory, the selection and supervision of procedures, the reporting of results, and active participation in its operations to the extent necessary to ensure compliance with this act and CLIA. They shall be responsible for the proper performance of all laboratory work of all subordinates and shall employ a sufficient number of laboratory personnel with the appropriate education and either experience or training to provide appropriate consultation, properly supervise and accurately perform tests, and report test results in accordance with the personnel qualifications, duties, and responsibilities described in CLIA and this
chapter.
(2)Where a point-of-care laboratory testing device is utilized and provides results for more than one analyte, the testing personnel may perform and report the results of all tests ordered for each analyte for which they have been found by the laboratory director to be competent to perform and report.
(e)As part of the overall operation and administration, the laboratory director of a registered laboratory shall document the adequacy of the qualifications (educational background, training, and experience) of the personnel directing and supervising the laboratory and performing the laboratory test procedures and examinations. In determining the adequacy of
qualifications, the laboratory director shall comply with any regulations adopted by the department that specify the minimum qualifications for personnel, in addition to any CLIA requirements relative to the education or training of personnel.
(f)As part of the overall operation and administration, the laboratory director of a licensed laboratory shall do all of the following:
(1)Ensure that all personnel, prior to testing biological specimens, have the appropriate education and experience, receive the appropriate training for the type and complexity of the services offered, and have demonstrated that they can perform all testing operations reliably to provide and report accurate results. In determining the adequacy of qualifications, the laboratory director shall comply with any regulations adopted by the department that specify the minimum qualifications for, and the type of
procedures that may be performed by, personnel in addition to any CLIA requirements relative to the education or training of personnel. Any regulations adopted pursuant to this section that specify the type of procedure that may be performed by testing personnel shall be based on the skills, knowledge, and tasks required to perform the type of procedure in question.
(2)Ensure that policies and procedures are established for monitoring individuals who conduct preanalytical, analytical, and postanalytical phases of testing to ensure that they are competent and maintain their competency to process biological specimens, perform test procedures, and report test results promptly and proficiently, and, whenever necessary, identify needs for remedial training or continuing education to improve skills.
(3)Specify in writing the responsibilities and duties of each individual engaged in
the performance of the preanalytic, analytic, and postanalytic phases of clinical laboratory tests or examinations, including which clinical laboratory tests or examinations the individual is authorized to perform, whether supervision is required for the individual to perform specimen processing, test performance, or results reporting, and whether consultant, supervisor, or director review is required prior to the individual reporting patient test results.
(g)The competency and performance of staff of a licensed laboratory shall be evaluated and documented by the laboratory director, or by a person who qualifies as a technical consultant or a technical supervisor under CLIA depending on the type and complexity of tests being offered by the laboratory.
(1)The procedures for evaluating the competency of the staff shall include, but are not limited to, all of the following:
(A)Direct observations of routine patient test performance, including patient preparation, if applicable, and specimen handling, processing, and testing.
(B)Monitoring the recording and reporting of test results.
(C)Review of intermediate test results or worksheets, quality control records, proficiency testing results, and preventive maintenance records.
(D)Direct observation of performance of instrument maintenance and function checks.
(E)Assessment of test performance through testing previously analyzed specimens, internal blind testing samples, or external proficiency testing samples.
(F)Assessment of problem solving
skills.
(2)Evaluation and documentation of staff competency and performance shall occur at least semiannually during the first year an individual tests biological specimens. Thereafter, evaluations shall be performed at least annually unless test methodology or instrumentation changes, in which case, prior to reporting patient test results, the individual’s performance shall be reevaluated to include the use of the new test methodology or instrumentation.
(h)The laboratory director of each clinical laboratory of an acute care hospital shall be a physician and surgeon who is a qualified pathologist, except as follows:
(1)If a qualified pathologist is not available, a physician and surgeon or a clinical laboratory bioanalyst qualified as a laboratory director under subdivision (a) may direct the laboratory. However,
a qualified pathologist shall be available for consultation at suitable intervals to ensure high-quality service.
(2)If there are two or more clinical laboratories of an acute care hospital, those additional clinical laboratories that are limited to the performance of blood gas analysis, blood electrolyte analysis, or both, may be directed by a physician and surgeon qualified as a laboratory director under subdivision (a), irrespective of whether a pathologist is available.
As used in this subdivision, a qualified pathologist is a physician and surgeon certified or eligible for certification in clinical or anatomical pathology by the American Board of Pathology or the American Osteopathic Board of Pathology.
(i)Subdivision (h) does not apply to any director of a clinical laboratory of an acute care hospital acting in that capacity on or
before January 1, 1988.
(j)A laboratory director may serve as the director of up to the maximum number of laboratories stipulated by CLIA, as defined under Section 1202.5.
SEC. 12.SEC. 11.
Section 1632 of the Business and Professions Code is amended to read:1632.
(a) The board shall require each applicant to successfully complete the written examination of the National Board Dental Examination of the Joint Commission on National Dental Examinations.SEC. 13.SEC. 12.
Section 1632 is added to the Business and Professions Code, to read:1632.
(a) The board shall require each applicant to successfully complete the written examination of the National Board Dental Examination of the Joint Commission on National Dental Examinations.SEC. 14.SEC. 13.
Section 1632.56 is added to the Business and Professions Code, immediately following Section 1632.55, to read:1632.56.
(a) Notwithstanding Section 1630, an applicant receiving a passing score on an examination administered by the Western Regional Examining Board from January 1, 2015, to December 31, 2019, inclusive, shall satisfy the requirement of a passing score pursuant to subdivision (c) of Section 1632 for a license to practice dentistry in this state, so long as the passing score is used for initial licensure within five years prior to the date of their application for a license under Section 1632.SEC. 15.SEC. 14.
Section 1913 of the Business and Professions Code is amended to read:1913.
Unless otherwise specified in this chapter, a registered dental hygienist may perform any procedure or provide any service within the scope of their practice in any setting under the appropriate level of supervision required by this article, if the registered dental hygienist has completed the appropriate education and training required to perform the procedure or provide the service.SEC. 16.SEC. 15.
Section 1917 of the Business and Professions Code is amended to read:1917.
The dental hygiene board shall grant initial licensure as a registered dental hygienist to a person who satisfies all of the following requirements:SEC. 17.SEC. 16.
Section 1917.1 of the Business and Professions Code is amended to read:1917.1.
(a) The dental hygiene board may grant a license as a registered dental hygienist to an applicant who has not taken a clinical examination before the dental hygiene board, if the applicant submits all of the following to the dental hygiene board:SEC. 18.SEC. 17.
Section 1922 of the Business and Professions Code is amended to read:1922.
The dental hygiene board shall license as a registered dental hygienist in alternative practice a person who demonstrates satisfactory performance on an examination in California law and ethics required by the dental hygiene board and who completes an application form and pays all application fees required by the dental hygiene board and meets either of the following requirements:SEC. 19.SEC. 18.
Section 2065 of the Business and Professions Code is amended to read:2065.
(a) Unless otherwise provided by law, no postgraduate trainee, intern, resident, postdoctoral fellow, or instructor may engage in the practice of medicine, or receive compensation therefor, or offer to engage in the practice of medicine unless they hold a valid, unrevoked, and unsuspended physician’s and surgeon’s certificate issued by the board. However, a graduate of an approved medical school may engage in the practice of medicine whenever and wherever required as a part of a postgraduate training program under the following conditions:SEC. 20.SEC. 19.
Section 2113 of the Business and Professions Code is amended to read:2113.
(a) Any person who does not immediately qualify for a physician’s and surgeon’s certificate under this chapter and who is offered by the dean of an approved medical school in this state a full-time faculty position may, after application to and approval by the board, be granted a certificate of registration to engage in the practice of medicine only to the extent that the practice is incident to and a necessary part of their duties as approved by the board in connection with the faculty position. A certificate of registration does not authorize a registrant to admit patients to a nursing or a skilled or assisted living facility unless that facility is formally affiliated with the sponsoring medical school. A clinical fellowship shall not be submitted as a faculty service appointment.SEC. 21.SEC. 20.
Section 2135.5 of the Business and Professions Code is amended to read:2135.5.
Upon review and recommendation, the board may determine that an applicant for a physician’s and surgeon’s certificate has satisfied the medical education requirements of Sections 2084 and 2135 and the examination requirements of Section 2170 if the applicant meets all of the following criteria:SEC. 22.SEC. 21.
Section 2460 of the Business and Professions Code is amended to read:2460.
(a) There is created in the Department of Consumer Affairs the California Board of Podiatric Medicine. Commencing July 1, 2019, the California Board of Podiatric Medicine is renamed the Podiatric Medical Board of California. Any reference in any provision of law to the California Board of Podiatric Medicine shall, commencing July 1, 2019, be deemed to refer to the Podiatric Medical Board of California.SEC. 23.SEC. 22.
Section 2531 of the Business and Professions Code is amended to read:2531.
(a) There is in the Department of Consumer Affairs the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in which the enforcement and administration of this chapter are vested. The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board shall consist of nine members, three of whom shall be public members.SEC. 24.SEC. 23.
Section 2531.75 of the Business and Professions Code is amended to read:2531.75.
(a) The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in them by this chapter.SEC. 25.SEC. 24.
Section 2570.19 of the Business and Professions Code is amended to read:2570.19.
(a) There is hereby created a California Board of Occupational Therapy, hereafter referred to as the board. The board shall enforce and administer this chapter.SEC. 26.SEC. 25.
Section 2602 of the Business and Professions Code is amended to read:2602.
(a) The Physical Therapy Board of California, hereafter referred to as the board, shall enforce and administer this chapter.SEC. 27.SEC. 26.
Section 2607.5 of the Business and Professions Code is amended to read:2607.5.
(a) The board may employ an executive officer exempt from the provisions of the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) and may also employ investigators, legal counsel, physical therapist consultants, and other assistance as it may deem necessary to carry out this chapter. The board may fix the compensation to be paid for services and may incur other expenses as it may deem necessary. Investigators employed by the board shall be provided special training in investigating physical therapy practice activities.SEC. 28.SEC. 27.
Section 2841 of the Business and Professions Code is amended to read:2841.
(a) There is in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, which consists of 11 members.SEC. 29.SEC. 28.
Section 2847.1 of the Business and Professions Code is amended to read:2847.1.
(a) The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties. The executive officer shall not be a member of the board.SEC. 30.SEC. 29.
Section 2847.3 of the Business and Professions Code is amended to read:2847.3.
(a) Commencing January 1, 2018, the executive officer position established pursuant to subdivision (a) of Section 2847.1 is temporarily abolished. Commencing January 1, 2018, the Governor shall appoint an executive officer who shall perform duties as are delegated by the board and who shall be responsible for the accomplishment of those duties. The executive officer shall exercise all powers, discharge all responsibilities, and administer and enforce all laws pursuant to this chapter and Chapter 10 (commencing with Section 4500) of Division 2 that are necessary to perform the duties delegated by the board.SEC. 31.SEC. 30.
Section 2920 of the Business and Professions Code is amended to read:2920.
(a) The Board of Psychology shall enforce and administer this chapter. The board shall consist of nine members, four of whom shall be public members.SEC. 32.SEC. 31.
Section 2933 of the Business and Professions Code is amended to read:2933.
(a) Except as provided by Section 159.5, the board shall employ and shall make available to the board within the limits of the funds received by the board all personnel necessary to carry out this chapter. The board may employ, exempt from the State Civil Service Act, an executive officer to the Board of Psychology. The board shall make all expenditures to carry out this chapter. The board may accept contributions to effectuate the purposes of this chapter.SEC. 33.SEC. 32.
Section 3504 of the Business and Professions Code is amended to read:3504.
There is established a Physician Assistant Board within the jurisdiction of the Medical Board of California. The board consists of nine members. This section shall remain in effect only until January 1, 2022, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.SEC. 34.SEC. 33.
Section 3512 of the Business and Professions Code is amended to read:3512.
(a) Except as provided in Sections 159.5 and 2020, the board shall employ within the limits of the Physician Assistant Fund all personnel necessary to carry out this chapter including an executive officer who shall be exempt from civil service. The Medical Board of California and board shall make all necessary expenditures to carry out this chapter from the funds established by Section 3520. The board may accept contributions to effect the purposes of this chapter.SEC. 35.SEC. 34.
Section 3686 of the Business and Professions Code is amended to read:3686.
This chapter shall remain in effect only until January 1, 2023, and as of that date is repealed.SEC. 36.SEC. 35.
Section 3710 of the Business and Professions Code is amended to read:3710.
(a) The Respiratory Care Board of California, hereafter referred to as the board, shall enforce and administer this chapter.SEC. 37.SEC. 36.
Section 3716 of the Business and Professions Code is amended to read:3716.
(a) The board may employ an executive officer exempt from civil service and, subject to the provisions of law relating to civil service, clerical assistants and, except as provided in Section 159.5, other employees as it may deem necessary to carry out its powers and duties.SEC. 38.SEC. 37.
Section 4001 of the Business and Professions Code is amended to read:4001.
(a) There is in the Department of Consumer Affairs a California State Board of Pharmacy in which the administration and enforcement of this chapter is vested. The board consists of 13 members.SEC. 39.SEC. 38.
Section 4003 of the Business and Professions Code is amended to read:4003.
(a) The board, with the approval of the director, may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in them by this chapter. The executive officer may or may not be a member of the board as the board may determine.SEC. 40.SEC. 39.
Section 4501 of the Business and Professions Code is amended to read:4501.
(a) “Board,” as used in this chapter, means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.SEC. 41.SEC. 40.
Section 4503 of the Business and Professions Code is amended to read:4503.
(a) The board shall administer and enforce this chapter.SEC. 42.SEC. 41.
Section 4604 of the Business and Professions Code is amended to read:4604.
(a) In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that the applicant meets all of the following requirements:SEC. 43.SEC. 42.
Section 4621 of the Business and Professions Code is amended to read:4621.
(a) This chapter shall remain in effect only until January 1, 2022, and as of that date is repealed.SEC. 44.SEC. 43.
Section 4800 of the Business and Professions Code is amended to read:4800.
(a) There is in the Department of Consumer Affairs a Veterinary Medical Board in which the administration of this chapter is vested. The board consists of the following members:SEC. 45.SEC. 44.
Section 4804.5 of the Business and Professions Code is amended to read:4804.5.
The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in them by this chapter.SEC. 46.SEC. 45.
Section 4990 of the Business and Professions Code is amended to read:4990.
(a) There is in the Department of Consumer Affairs, a Board of Behavioral Sciences that consists of the following members:SEC. 47.SEC. 46.
Section 4990.04 of the Business and Professions Code is amended to read:4990.04.
(a) The board shall appoint an executive officer. This position is designated as a confidential position and is exempt from civil service under subdivision (e) of Section 4 of Article VII of the California Constitution.SEC. 48.SEC. 47.
Section 5600.4 of the Business and Professions Code is amended to read:5600.4.
(a) The board shall issue, upon application and payment of the fee fixed by this chapter, a retired license to an architect who holds a license that is current and active or capable of being renewed pursuant to Section 5600.2 and whose license is not suspended, revoked, or otherwise punitively restricted by the board or subject to disciplinary action under this chapter.(a)Pursuant to Section 144, the board has the authority to obtain and review criminal offender record information. The information obtained as a result of the fingerprinting shall be used in accordance with Section 11105 of the Penal Code to determine whether the applicant is subject to denial of license pursuant to Division 1.5 (commencing with Section 475) or Section 5660, 5675, or 5676.
(b)As a condition of application for a license, each applicant shall furnish to the Department of Justice a full set of fingerprints for the purpose of conducting a criminal history record check and to undergo a state- and federal- level criminal offender record information
search conducted through the Department of Justice.
(c)The board shall request from the Department of Justice subsequent arrest notification service, pursuant to subdivision (p) of Section 11105 of the Penal Code.
(d)The applicant shall pay the reasonable regulatory costs for furnishing the fingerprints and conducting the searches.
(e)The applicant shall certify, under penalty of perjury, when applying for a license whether the applicant’s fingerprints have been furnished to the Department of Justice in compliance with this section.
(f)Failure to comply with the requirements of this section renders the application for a license incomplete, and the application shall
not be considered until the applicant demonstrates compliance with all requirements of this section.
(g)Notwithstanding any other law, the results of any criminal offender record information request by either state or federal law enforcement authorities shall not be released by the board except in accordance with state and federal requirements.
(h)As used in this section, the term “applicant” shall be limited to an initial applicant who has never been registered or licensed by the board or to an applicant for a new licensure or registration category.
(i)As a condition of petitioning the board for reinstatement of a revoked or surrendered license, an applicant shall comply with subdivision
(a).
SEC. 50.SEC. 48.
Section 5810 of the Business and Professions Code is amended to read:5810.
(a) This chapter shall be subject to review by the appropriate policy committees of the Legislature.SEC. 51.SEC. 49.
Section 7000 of the Business and Professions Code is amended to read:7000.
This chapter constitutes, and may be cited as, the Contractors State License Law.SEC. 52.SEC. 50.
Section 7000.5 of the Business and Professions Code is amended to read:7000.5.
(a) There is in the Department of Consumer Affairs a Contractors State License Board, which consists of 15 members.SEC. 53.SEC. 51.
Section 7000.6 of the Business and Professions Code is amended to read:7000.6.
Protection of the public shall be the highest priority for the Contractors State License Board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.SEC. 54.SEC. 52.
Section 7011.4 of the Business and Professions Code is amended to read:7011.4.
(a) Notwithstanding Section 7011, there is in the Contractors State License Board, a separate enforcement division that shall rigorously enforce this chapter prohibiting all forms of unlicensed activity and shall enforce the obligation to secure the payment of valid and current workers’ compensation insurance in accordance with Section 3700.5 of the Labor Code.SEC. 55.SEC. 53.
Section 7011.5 of the Business and Professions Code is amended to read:7011.5.
Persons employed as investigators of the Special Investigations Unit of the Contractors State License Board and designated by the Director of Consumer Affairs have the authority of peace officers while engaged in exercising the powers granted or performing the duties imposed upon them in investigating the laws administered by the Contractors State License Board or commencing directly or indirectly any criminal prosecution arising from any investigation conducted under these laws. All persons herein referred to shall be deemed to be acting within the scope of employment with respect to all acts and matters in this section set forth.SEC. 56.SEC. 54.
Section 7011.8 of the Business and Professions Code is amended to read:7011.8.
(a) Any person subject to licensure under this chapter who reports to, or causes a complaint to be filed with, the Contractors State License Board that a person licensed by that entity has engaged in professional misconduct, knowing the report or complaint to be false, may be issued a citation by the registrar.SEC. 57.SEC. 55.
Section 7015 of the Business and Professions Code is amended to read:7015.
The board shall adopt a seal for its own use. The seal shall have the words “Contractors State License Board, State of California, Department of Consumer Affairs,” and the care and custody thereof shall be in the hands of the registrar.SEC. 58.SEC. 56.
Section 7017.3 of the Business and Professions Code is amended to read:7017.3.
The Contractors State License Board shall report annually to the Legislature, not later than October 1 of each year, the following statistical information for the prior fiscal year. The following data shall be reported on complaints filed with the board against licensed contractors, registered home improvement salespersons, and unlicensed persons acting as licensees or registrants:SEC. 59.SEC. 57.
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.SEC. 60.SEC. 58.
Section 7030 of the Business and Professions Code is amended to read:7030.
(a) Except for contractors writing home improvement contracts pursuant to Section 7151.2 and contractors writing service and repair contracts pursuant to Section 7159.10, every person licensed pursuant to this chapter shall include the following statement in at least 10-point type on all written contracts with respect to which the person is a prime contractor:SEC. 61.SEC. 59.
Section 7031 of the Business and Professions Code is amended to read:7031.
(a) Except as provided in subdivision (e), no person engaged in the business or acting in the capacity of a contractor, may bring or maintain any action, or recover in law or equity in any action, in any court of this state for the collection of compensation for the performance of any act or contract where a license is required by this chapter without alleging that they were a duly licensed contractor at all times during the performance of that act or contract regardless of the merits of the cause of action brought by the person, except that this prohibition shall not apply to contractors who are each individually licensed under this chapter but who fail to comply with Section 7029.SEC. 62.SEC. 60.
Section 7058.7 of the Business and Professions Code is amended to read:7058.7.
(a) No contractor may engage in a removal or remedial action, as defined in subdivision (d), unless the qualifier for the license has passed an approved hazardous substance certification examination.SEC. 63.SEC. 61.
Section 7071.4 of the Business and Professions Code is amended to read:7071.4.
(a) Each person licensed under the provisions of this chapter and subject to any of the bonding provisions of this article shall maintain the requisite bond as executed by an admitted surety insurer or as deposited with the registrar pursuant to paragraph (1) of subdivision (a) of Section 995.710 of the Code of Civil Procedure in the appropriate amount. Notwithstanding Article 7 (commencing with Section 995.710) of Chapter 2 of Title 14 of Part 2 of the Code of Civil Procedure, no other method of deposit, including, but not limited to, a certificate of deposit, shall satisfy a bond requirement under this article.SEC. 64.SEC. 62.
Section 7080.5 of the Business and Professions Code is amended to read:7080.5.
When an application has been accepted by the registrar, the name and address of the applicant, every classification for which the applicant has applied, and the names and titles of all personnel who have signed the application shall be publicly posted by the registrar, on the day following acceptance, in the office of the Contractors State License Board in Sacramento.SEC. 65.SEC. 63.
Section 7085.5 of the Business and Professions Code is amended to read:7085.5.
Arbitrations of disputes arising out of cases filed with or by the board shall be conducted in accordance with the following rules:SEC. 66.SEC. 64.
Section 7099.2 of the Business and Professions Code is amended to read:7099.2.
(a) The board shall promulgate regulations covering the assessment of civil penalties under this article that give due consideration to the appropriateness of the penalty with respect to the following factors:SEC. 67.SEC. 65.
Section 7099.9 is added to the Business and Professions Code, to read:7099.9.
(a) If, upon investigation, the registrar has probable cause to believe that a licensee, registrant, or applicant has committed acts or omissions that are grounds for denial, suspension, or revocation of a license or registration, the registrar, or their designee, may issue a letter of admonishment to an applicant, licensee, or registrant in lieu of issuing a citation. Nothing in this article shall in any way limit the registrar’s discretionary authority or ability to issue a letter of admonishment as prescribed by this subdivision.SEC. 68.SEC. 66.
Section 7123.5 of the Business and Professions Code is amended to read:7123.5.
If a contractor is convicted of violating Section 396 of the Penal Code or any substantially similar local ordinance in connection with the sale, or offer for sale, of repair or reconstruction services, as defined in Section 396 of the Penal Code, the Contractors State License Board shall take disciplinary action against the contractor, which shall include a suspension of at least six months or the permanent revocation of the contractor’s license.SEC. 69.SEC. 67.
Section 7135 of the Business and Professions Code is amended to read:7135.
(a) The fees and civil penalties received under this chapter shall be deposited in the Contractors License Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.SEC. 70.SEC. 68.
Section 7136 of the Business and Professions Code is amended to read:7136.
The director shall designate a sum not to exceed 10 percent of the total income of the Contractors State License Board for each fiscal year to be transferred to the Consumer Affairs Fund as the board’s share of the cost of administration of the department.SEC. 71.SEC. 69.
Section 7137 of the Business and Professions Code is amended to read:7137.
The board may set fees by regulation. These fees shall be set according to the following schedule:SEC. 72.SEC. 70.
Section 7137.5 of the Business and Professions Code is amended to read:7137.5.
The sum of ten thousand dollars ($10,000) shall be transferred from the Contractors License Fund to the Controller for the exclusive use of the California Uniform Construction Cost Accounting Commission.SEC. 73.SEC. 71.
Section 7138 of the Business and Professions Code is amended to read:7138.
Notwithstanding any other provision of law, a fee paid in connection with a service or application covered by Section 7137 shall accrue to the Contractors License Fund as an earned fee and shall not be refunded.SEC. 74.SEC. 72.
Section 7139.1 of the Business and Professions Code is amended to read:7139.1.
The Legislature hereby finds and declares all of the following:SEC. 75.SEC. 73.
Section 7139.2 of the Business and Professions Code is amended to read:7139.2.
(a) There is hereby created the Construction Management Education Account (CMEA) as a separate account in the Contractors License Fund for the purposes of construction management education. Funds in the account shall be available for the purposes of this article upon appropriation by the Legislature.SEC. 76.SEC. 74.
Section 7141.5 of the Business and Professions Code is amended to read:7141.5.
The registrar shall grant the retroactive renewal of a license if, within 90 days of the expiration of the license, the otherwise eligible licensee submits a completed application for renewal on a form prescribed by the registrar, and pays the appropriate renewal fee and delinquency fee prescribed by this chapter. For the purposes of this section, an application shall be deemed submitted if it is delivered to the board’s headquarters or postmarked within 90 days of the expiration of the license.SEC. 77.SEC. 75.
Section 7145.5 of the Business and Professions Code is amended to read:7145.5.
(a) The registrar may refuse to issue, reinstate, reactivate, or renew a license or may suspend a license for the failure of a licensee to resolve all outstanding final liabilities, which include taxes, additions to tax, penalties, interest, and any fees that may be assessed by the board, the Department of Industrial Relations, the Employment Development Department, the Franchise Tax Board, or the State Board of Equalization.SEC. 78.SEC. 76.
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.“Notice of Cancellation” | |
/enter date of transaction/ | |
---|---|
(Date) |
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) |
“Notice of Cancellation” | |
/enter date of transaction/ | |
---|---|
(Date) |
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) |