AB 179 — Healing arts.

Summary

(1) Under existing law, the commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer is unprofessional conduct, except that it is not unprofessional conduct when sexual contact is between a physician and surgeon and his or her spouse or person in an equivalent domestic relationship, as specified. This bill would expand the exception by providing that it would not be unprofessional conduct when consensual sexual contact is between a licensee and his or her spouse or person in an equivalent domestic relationship, as specified. (2) Existing law, the Dental Practice Act, provides for the licensure and regulation of dentists and dental assistants by the Dental Board of California and authorizes the board to appoint an executive officer to exercise powers and perform duties delegated by the board to him or her. These provisions are in effect only until January 1, 2016, and, upon repeal of those provisions, the board will be subject to review by the appropriate policy committees of the Legislature. The act prescribes various fees that are required to be paid by dentists and dental assistants for, among other things, an initial license and the renewal of that license. This bill would extend the provisions relating to the Dental Board of California and the executive officer to January 1, 2020. The bill would also change various fees that would be required to be paid by a dentist, a dental assistant, or certain educational programs, as specified. The bill would, on and after January 1, 2016, require that an initial license for a dentist be no greater than $650 and would require the fee for the renewal of that license to be no greater than $650. The bill would, on and after January 1, 2018, require that an initial license be no greater than $800 and would require the fee for a renewal of that license to be no greater than $800. The bill would also require, by July 1, 2016, every applicant and licensee under the act to report to the board his or her electronic mail address, and would require the board to annually send an electronic notice to each applicant and licensee that requests confirmation of the applicant's or licensee's electronic mail address. The act authorizes the board to license a person as a registered dental assistant if he or she meets certain requirements, including a written and practical examination. This bill would require the Dental Board of California, in consultation with the Office of Professional Examination Services, to conduct a review to determine on or before July 1, 2017, whether a practical examination is necessary to demonstrate the competency of registered dental assistants and to submit that determination to the appropriate policy committees of the Legislature by that date, as specified. The bill would authorize the board to vote to suspend the practical examination if the review concludes that the practical examination is unnecessary or does not accurately measure the competency of registered dental assistants. The bill would provide that the suspension of the practical examination commences on the date the board votes to suspend the practical examination and would continue being suspended until July 1, 2017. The bill would require the board to post a notice on its Internet Web site if it suspends the practical examination. Existing law creates the Dental Assisting Council of the Dental Board of California, which considers all matters relating to California dental assistants and is composed of members who serve terms, as specified. Existing law requires the board to make all the initial appointments of members by May 1, 2012. This bill would prohibit a member from serving more than two full terms. The bill would remove the requirement for the board to make all initial appointments by May 1, 2012. (3) Existing law provides for the licensure and regulation of vocational nurses under the Vocational Nursing Practice Act, and psychiatric technicians under the Psychiatric Technicians Law, by the Board of Vocational Nursing and Psychiatric Technicians of the State of California, and requires the board to, among other things, appoint an executive officer, who is required to be a licensed vocational nurse, registered nurse, or psychiatric technician. Existing law repeals these provisions on January 1, 2016. This bill would remove the requirement that the executive officer be a vocational nurse, registered nurse, or psychiatric technician, and would extend the repeal date of the provisions relating to the board to January 1, 2018. (4) Existing law establishes the Vocational Nursing and Psychiatric Technicians Fund in the State Treasury, and establishes the Vocational Nurses Account and the Psychiatric Technician Examiners Account within the fund. Existing law authorizes the Board of Vocational Nursing and Psychiatric Technicians of the State of California to collect specified fees and fines related to the board's licensure and regulation of vocational nurses and psychiatric technicians, and prohibits the board from charging expenses for these respective activities against funds received from any other source. This bill, beginning July 1, 2016, would remove that prohibition, abolish the Vocational Nurses Account and the Psychiatric Technician Examiners Account, and specify that all money in the Vocational Nursing and Psychiatric Technicians Fund shall be used to carry out the Vocational Nursing Practice Act and the Psychiatric Technicians Law. (5) Existing law authorizes the Director of Consumer Affairs to investigate the work of the boards within the Department of Consumer Affairs, obtain a copy of the records of official matters in possession of the boards, and require reports from the boards as the director deems reasonably necessary. Existing law requires the director to provide certain reports to the Legislature, including, but not limited to, a copy of an independent review of the Bureau for Private Postsecondary Education's staffing resources needs and requirements. This bill would require the director to appoint an administrative and enforcement program monitor no later than March 1, 2016, and would require the monitor to monitor and evaluate the administrative process and disciplinary system and procedures of the Board of Vocational Nursing and Psychiatric Technicians of the State of California for a period of no more than 2 years, as specified. The bill would require the monitor to submit a report of his or her findings and conclusions to the Legislature, the department, and the board by July 1, 2016, subsequent reports by November 1, 2016, and February 1, 2017, and a final report before January 1, 2018. The bill would require the board and its staff to cooperate with the program monitor. The bill would also require the department's internal audit unit to review the board's financial needs, fee structure, budget, and expenditures, and require the director to provide the Legislature with a copy of the review no later than October 1, 2016. The bill would repeal these provisions on January 1, 2018. (6) This bill would incorporate additional changes in Section 205 of the Business and Professions Code, proposed by AB 177 and AB 180 that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2016, and this bill is chaptered last. (7) This bill would incorporate additional changes in Section 1724 of the Business and Professions Code, proposed by AB 483, that would become operative only if this bill and AB 483 are chaptered and become effective January 1, 2016, and this bill is chaptered last.

Bill Text

• Chaptered 10/06/15 - Chaptered Current pdf October 06, 2015
• Enrolled 09/16/15 - Enrolled pdf September 16, 2015
• Amended 09/04/15 - Amended Senate pdf September 04, 2015
• Amended 08/31/15 - Amended Senate pdf August 31, 2015
• Amended 06/30/15 - Amended Senate pdf June 30, 2015
• Amended 05/05/15 - Amended Assembly pdf May 05, 2015
• Amended 04/27/15 - Amended Assembly pdf April 27, 2015
• Introduced 01/26/15 - Introduced pdf January 26, 2015
• AB179 View text html

Action History

1. October 06, 2015

   Chaptered by Secretary of State - Chapter 510, Statutes of 2015.

2. October 06, 2015

   Approved by the Governor.

3. September 23, 2015

   Enrolled and presented to the Governor at 4 p.m.

4. September 11, 2015

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 66. Noes 11. Page 3131.).

5. September 10, 2015

   In Assembly. Concurrence in Senate amendments pending.

6. September 10, 2015

   Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 5. Page 2703.).

7. September 08, 2015

   Read second time. Ordered to third reading.

8. September 04, 2015

   Read third time and amended. Ordered to second reading.

9. August 31, 2015

   Read second time and amended. Ordered to third reading.

10. August 27, 2015

    From committee: Amend, and do pass as amended. (Ayes 6. Noes 1.) (August 27).

11. August 17, 2015

    In committee: Referred to APPR. suspense file.

12. July 07, 2015

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (July 6). Re-referred to Com. on APPR.

13. June 30, 2015

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

14. June 11, 2015

    Referred to Com. on B., P. & E.D.

15. June 01, 2015

    In Senate. Read first time. To Com. on RLS. for assignment.

16. June 01, 2015

    Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 17. Page 1702.)

17. May 28, 2015

    Read second time. Ordered to third reading.

18. May 28, 2015

    From committee: Do pass. (Ayes 17. Noes 0.) (May 28).

19. May 20, 2015

    In committee: Set, first hearing. Referred to APPR. suspense file.

20. May 06, 2015

    Re-referred to Com. on APPR.

21. May 05, 2015

    Read second time and amended.

22. May 04, 2015

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (April 28).

23. April 28, 2015

    Re-referred to Com. on B. & P.

24. April 27, 2015

    From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.

25. February 02, 2015

    Referred to Com. on B. & P.

26. January 27, 2015

    From printer. May be heard in committee February 26.

27. January 26, 2015

    Read first time. To print.

Sponsors

• Bonilla · Primary
• Hill · Cosponsor

Votes

Subjects