BILL NUMBER: SB 304	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Price

                        FEBRUARY 15, 2013

   An act to amend Sections 2001, 2020, 2569, 3010.5, and 3014.6 of
the Business and Professions Code, relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 304, as introduced, Price. Healing arts: boards.
   Existing law provides for the licensure and regulation of various
healing arts licensees by various boards, as defined, within the
Department of Consumer Affairs, including the Medical Board of
California. Existing law requires the Governor to appoint members to
the board, as provided. Existing law authorizes the board to employ
an executive director. Existing law provides that those provisions
will be repealed on January 1, 2014. Under existing law, the board is
subject to evaluation by the Joint Sunset Review Committee.
   This bill would instead repeal those provisions on January 1,
2018, and subject the board to review by the appropriate policy
committees of the Legislature.
   Existing law provides for the regulation of registered dispensing
opticians by the Medical Board of California and requires that the
powers and duties of the board in that regard be subject to review by
the Joint Sunset Review Committee as if those provisions were
scheduled to be repealed on January 1, 2014.
   This bill would instead make the powers and duties of the board
subject to review by the appropriate policy committees of the
Legislature as if those provisions were scheduled to be repealed on
January 1, 2018.
   Existing law provides for the licensure and regulation of
optometrists by the State Board of Optometry. Existing law requires
that the board consist of specified members and authorizes the board
to appoint an executive officer. Existing law repeals those
provisions on January 1, 2014 and subjects the board to review by the
Joint Sunset Review Committee.
   This bill would instead repeal those provisions on January 1,
2018, and require that the board be subject to review by the
appropriate policy committees of the Legislature.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 2001 of the Business and Professions Code is
amended to read:
   2001.  (a) There is in the Department of Consumer Affairs a
Medical Board of California that consists of 15 members, seven of
whom shall be public members.
   (b) The Governor shall appoint 13 members to the board, subject to
confirmation by the Senate, five of whom shall be public members.
The Senate Committee on Rules and the Speaker of the Assembly shall
each appoint a public member. 
   (c) Notwithstanding any other provision of law, to reduce the
membership of the board to 15, the following shall occur: 

   (1) Two positions on the board that are public members having a
term that expires on June 1, 2010, shall terminate instead on January
1, 2008.  
   (2) Two positions on the board that are not public members having
a term that expires on June 1, 2008, shall terminate instead on
August 1, 2008.  
   (3) Two positions on the board that are not public members having
a term that expires on June 1, 2011, shall terminate instead on
January 1, 2008.  
   (d) 
    (c)  This section shall remain in effect only until
January 1,  2014,   2018,  and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1,  2014,   2018,  deletes
or extends that date.  The   Notwithstanding any
other law, the  repeal of this section renders the board
subject to  the review required by Division 1.2 (commencing
with Section 473).   review by the appropriate policy
committees of the Legislature. 
  SEC. 2.  Section 2020 of the Business and Professions Code is
amended to read:
   2020.  (a) The board may employ an executive director exempt from
the provisions of the Civil Service Act and may also employ
investigators, legal counsel, medical consultants, and other
assistance as it may deem necessary to carry this chapter into
effect. The board may fix the compensation to be paid for services
subject to the provisions of applicable state laws and regulations
and may incur other expenses as it may deem necessary. Investigators
employed by the board shall be provided special training in
investigating medical practice activities.
   (b) The Attorney General shall act as legal counsel for the board
for any judicial and administrative proceedings and his or her
services shall be a charge against it.
   (c) This section shall remain in effect only until January 1,
 2014,   2018,  and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2014,   2018,  deletes or
extends that date.
  SEC. 3.  Section 2569 of the Business and Professions Code is
amended to read:
   2569.   The   Notwithstanding any other law,
the  powers and duties of the board, as set forth in this
chapter, shall be subject to  the review required by Division
1.2 (commencing with Section 473).   review by the
appropriate policy committees of the Legislature.  The review
shall be performed as if this chapter were scheduled to be repealed
as of January 1,  2014, as described in Section 473.1.
  2018. 
  SEC. 4.  Section 3010.5 of the Business and Professions Code is
amended to read:
   3010.5.  (a) There is in the Department of Consumer Affairs a
State Board of Optometry in which the enforcement of this chapter is
vested. The board consists of 11 members, five of whom shall be
public members.
   Six members of the board shall constitute a quorum.
   (b) The board shall, with respect to conducting investigations,
inquiries, and disciplinary actions and proceedings, have the
authority previously vested in the board as created pursuant to
Section 3010. The board may enforce any disciplinary actions
undertaken by that board.
   (c) This section shall remain in effect only until January 1,
 2014,   2018,  and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2014,   2018,  deletes or
extends that date.  The   Notwithstanding any
other law, the  repeal of this section renders the board subject
to  the review required by Division 1.2 (commencing with
Section 473).   review by the appropriate policy
committees of the Legislature. 
  SEC. 5.  Section 3014.6 of the Business and Professions Code is
amended to read:
   3014.6.  (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 him or her by this chapter.
   (b)   This section shall remain in effect only until
January 1,  2014,   2018,  and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1,  2014,   2018,  deletes
or extends that date.