2009-2010 Bill Summary Senate Committee on Business, Professions & Economic Development

Senator Gloria Negrete McLeod, Chair

Note: Click on bill number to go to the bill’s Leginfo.ca.gov website Legend at bottom of last page

BILL NO AUTHOR SUBJECT SUMMARY STATUS STAFF

SB 26 Simitian Home Generated Pharmaceutical Waste

Would have prohibited a household hazardous waste collection facility that is authorized by the department to accept hazardous waste from a Conditional Exempt Small Quality Generator (CESQG) from accepting more than 1000 kilograms of recyclable latex paint. The bill would have also made a clarifying revision to the definition of CESQG.

Died in Assembly Environmental Safety and Toxic Materials Committee

SM

SB 33 Correa Marriage & Family Therapy Educational Requirements.

Updates and recasts the educational curriculum requirements for marriage and family therapists Increases total unit requirements and practicum hours for face-to-face counseling. Integrates specified elements, including public mental health practices, throughout the curriculum. Allows MFT interns to gain unlimited supervision via videoconferencing, and made other technical changes.

Chapter 26, Statutes of 2009

GA

SB 36 Calderon Finance Lenders Requires a real estate license endorsement from the commissioner in order to engage in the business of a mortgage loan originator. Establishes penalties if a real estate licensee fails to obtain a license endorsement before conducting business as a mortgage loan originator. Authorizes commissioner to suspend or revoke a real estate license for a failure to pay penalties. Require applicants for a license endorsement as a mortgage loan originator to furnish specified background information to the Nationwide Mortgage Licensing System and Registry.

Chapter 160, Statutes of 2009

BG

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Reforms other aspects of mortgage broker licensing.

SB 43 Alquist Health professions Would have authorized the healing arts boards to collect information regarding the cultural and linguistic competency of persons licensed, certified, registered, or otherwise subject to regulation by those boards. Gutted and Amended on 5/30/2009 to authorize Santa Clara County stadium commission.

Chapter 330, Statutes of 2009

YZ

SB 58 Aanestad Physicians and surgeons: Peer

Would have required peer review bodies to annually report to the Medical Board of California (MBC) on their peer review activities involving licensees of the board and to comply with MBC information requests.

Died in Senate Appropriations Committee

RP

SB 109 Calderon Auctioneers Would have revised the definition of auction to include real estate sales, as specified, and require notification to an auction audience of all fees that will be levied as a condition of bidding, and an explanation of certain terms relating to the auction. Would have required the return of deposits and fees in a specified time if the high bidder's offer is rejected or if the seller does not respond to the offer.

Vetoed by Governor GA

SB 112 Oropeza Hemodialysis Technicians

Revises existing requirements for the certification of hemodialysis technicians under the Hemodialysis Technicians Training Act. Requires technicians to have high school diploma or equivalent, complete training program and pass standardized test.

Chapter 559, Statutes of 2009

RP

SB 132 Denham Sleep and Wake Disorders

Requires the Medical Board of California to adopt regulations to establish qualifications for certified polysomnographic technologists, polysomnographic technicians, and polysomnographic trainees. Increases application and renewal fees.

Chapter 635, Statutes of 2009

GA

SB 171 Pavley Medical Certificates Allows physician assistants and advanced practice registered nurses to perform a physical examination and submit directly to the governing board or county superintendent

Chapter 34, Statutes of 2009

RP

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of schools the medical certificate of a person wishing to be employed in a position requiring certification qualifications as a condition of initial employment.

SB 202 Harman Private investigators Would have revised licensing and education requirements for private investigators. Gutted and amended. Revised bill relates to administration of trusts.

Chapter 621, Statutes of 2010

GA

SB 237 Calderon Appraisers Would require appraisal management companies to register with the Office of Real Estate Appraisers. Would subject those entities to the provisions of the Real Estate Appraisers’ Licensing and Certification Law. Would require the office to adopt regulations governing the implementation of the registration process, with specified minimum requirements, and establish the fees to be imposed for registration in an amount sufficient to cover the costs incurred by the office in administering the registration.

Chapter 173, Statutes of 2009

BG

SB 258 Oropeza Contractors Would have revised bidding and selection procedures for contractors hired by school districts.

Died in Assembly Appropriations Committee

GA

SB 260 Wiggins Motor Oil Increases from $0.02 to $0.05 the maximum fee paid to the Department of Food and Agriculture's (DFA) Division of Measurement Standards for each gallon of motor oil sold or purchased on or after January 1, 2010, and authorizes the secretary of DFA to apply a fee of $0.03 for each gallon of motor oil sold or purchased prior to the adoption of regulations.

Chapter 573, Statutes of 2009

GA

SB 275 Walters Professional Engineers

Would have further established agricultural, chemical, control system, fire protection, industrial, metallurgical, nuclear, petroleum, and traffic engineering as "practice acts" in California and generally incorporated these nine additional practice act disciplines into the provisions relating to the three existing

Died in Senate BP&ED Committee

GA

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practice acts.

SB 294 Negrete McLeod Professions and vocations: regulation

Extends the repeal dates for several existing laws regulating professions.

Chapter 695, Statutes of 2010

RP

SB 350 Yee Aftermarket Crash Parts

Would have prohibited the use of nonoriginal equipment manufacturer aftermarket crash parts unless specified requirements are met, including that those parts are at least equal to the original equipment manufacturer parts in terms of kind, quality, safety, fit, and performance.

Died in Senate BP&ED Committee

GA

SB 355 Romero Economy Hotels Would have made legislative findings regarding the rate of crime at economy hotels. Would require economy hotels in California to post, on the hotel’s Web site, the total number of calls for police service and the ratio of calls for police service per guest room during the most recent calendar year.

Died in Senate BP&ED Committee

MS

SB 356 Wright Small Businesses Would have required a state agency considering adopting, amending, or repealing a regulation to consult with parties who would be subject to regulation, instead of only interested parties.

Died in Assembly BP&CP Committee

SM

SB 358 Ducheny Indian tribes ED Would have required the Secretary of Business, Transportation and Housing to establish the Native American Business Revolving Loan and Guarantee Program for the purpose of providing nongaming business and loan guarantees to qualified Indian tribes.

Died in Senate Appropriations Committee

YZ

SB 374 Calderon Personal Trainers Would have required a person holding himself out as a personal trainer to meet certain educational, training, and certification requirements. Would have required the department of consumer affairs to receive complaints regarding personal trainers.

Died in Assembly Appropriations Committee

SM

SB 389 Negrete McLeod Professions and Vocations

Would have made fingerprinting requirement applicable to the Dental Board of California, the Dental Hygiene Committee of California, the Professional Fiduciaries Bureau, the

Died in Assembly Public Safety Committee

GA

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Osteopathic Medical Board of California, the California Board of Podiatric Medicine, and the State Board of Chiropractic Examiners.

SB 392 Florez Contractors Authorizes a limited liability company to render services that may be lawfully rendered only pursuant to a license, certificate, or registration authorized by the Business and Professions Code if the provisions of that code authorize a limited liability company to hold that license, certificate, or registration.

Chapter 698, Statutes of 2010

GA

SB 405 Cogdill Contractors - Fire Sprinklers Installation

Would have required any commercial or residential fire sprinkler installation to be performed by a fire protection contractor under the direct supervision of a fire sprinkler supervisor.

Died in Senate BP&ED Committee

YZ

SB 411 Ducheny Coupons Would have extended regulations regarding coupons to coupons issued on the Internet.

Died in Senate BP&ED Committee

SM

SB 427 Negrete McLeod Crash Parts Would have defined and redefined “crash part” for purposes of the Automotive Repair Act. Would have made it a misdemeanor for a repair dealer to fail to repair and fully restore an airbag where the customer has paid for the repair. Would have required the invoice for work done by an automotive repair dealer to describe all service work done, parts supplied, and crash parts involved.

Vetoed by Governor GA

SB 436 Aanestad Contractors Would have provided that a contractor furnishing a performance and payment bond need not include, as part of the contract, a notice stating that the owner or tenant has the right to require the contractor to have a performance and payment bond provided that the contractor gives the owner tangible evidence of the bond.

Died in Senate BP&ED Committee

GA

SB 470 Corbett Prescriptions Requires that every prescription include a legible, clear notice of the condition or purpose for which the drug is prescribed, if requested by the patient. Also requires that every prescription container be correctly

Chapter 590, Statutes of 2009

SM

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labeled to include that information if so indicated on the prescription.

SB 475 Padilla Guide Dogs Raises license fees for schools for guide dogs from .004 of a school’s annual expenses to .005 of a school’s annual expenses.

Chapter 51, Statutes of 2009

SM

SB 482 Padilla Biological Data Would have required an entity that provides post-CLIA bioinformatics services to contract with a licensed clinical laboratory to process biological specimen collection kits.

Died in Senate BP&ED Committee

RP

SB 489 Liu Private Postsecondary

Would have enacted the Private Postsecondary and Vocational Education Reform and Student Consumer Protection Act of 2009.

Died in Senate BP&ED Committee

SM

SB 491 Maldonado Mortgage loan originators

Would have provided state compliance with Federal Fair Housing Act of 2008. Gutted and amended – changed to deal with Capital access companies.

Died in Senate Banking and Financial Institutions Committee

BG

SB 496 Maldonado Real Estate: Sex Offenders

Would have, with regard to individual who is required to register as a sex offender, require denial of application for real estate law and would require revocation of real estate license.

Died in Senate BP&ED Committee

BG

SB 515 Hancock Career Tech Education

Would have required as a condition of receiving federal funds, that school districts, regional occupational centers or programs, and community college districts demonstrate that at least one-half of the course sequences offered are linked to high priority workforce needs in the career sectors

Vetoed by Governor SM

SB 549 Correa Barbering & Cosmo Would have authorized applicants for a license issued by the board, and board licensees to report gender, language preference, and ethnicity information, as specified, in initial applications for licensure and in license renewal forms. Would have provided that the board compile this information and post it on the board’s website.

Vetoed by Governor SM

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SB 550 Florez Public Health food recall

Would have required a grocery store to ensure that when it is notified that a product subject to a recall that applies to all products with the same Universal Product Code and a recalled product is scanned, the store’s point-of-sale system, as defined, will prevent the sale and notify the employee that the product being purchased is subject to a recall. Gutted and Amended to deal with Oil and Gas operations.

Vetoed by Governor GA

SB 599 Negrete McLeod Workforce Development

Requires the successor agency to the former Bureau for Private Postsecondary and Vocational Education to transmit any available data regarding school performance to the California Postsecondary Education Commission. Also authorizes local workforce development boards to work directly with colleges to facilitate disbursement of Recovery Act Funds.

Chapter 642, Statutes of 2009

SM

SB 606 Ducheny Physicians and Surgeons Loan Repayment

Makes osteopathic physicians and surgeons eligible for the Steven M. Thompson Physician Corps Loan Repayment Program and requires the Osteopathic Medical Board of California to assess an additional $25 licensure fee for that purpose.

Chapter 600, Statutes of 2009

SM

SB 620 Wiggins Osteopathic Physicians

Requires each licensed osteopathic physician and surgeon to report to the board any specialty board certification that he or she holds and his or her practice status. Also authorizes a licensee to report to the board his or her cultural background and foreign language proficiency. Authorizes the board to make this information available on the board’s Internet Web site.

Chapter 602, Statutes of 2009

RP

SB 627 Calderon Catalytic Converters Requires a core recycler that accepts, ships, or sells used catalytic converters, to maintain specified information regarding the purchase and sale of the catalytic converters for not less than 2 years. Prohibits a core recycler

Chapter 603, Statutes of 2009

GA

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from providing payment for a catalytic converter unless the payment is made by check unless the seller is a business, and the core recycler obtains a photograph or video of the seller, a written statement regarding the origin of the catalytic converter, and certain other identifying information, as specified.

SB 633 Wright Mortgages: Impound Accounts

Includes among exceptions to prohibition of requiring an impound or trust account, sales where a loan is made in compliance with the requirements for higher priced mortgage loans established in Regulation Z, as defined, whether or not the loan is a higher priced mortgage loan, and where a loan is refinanced or modified in connection with a lender’s homeownership preservation program or a lender’s participation in such a program sponsored by a federal, state, or local government authority or a nonprofit organization.

Chapter 57, Statutes of 2009

BG

SB 638 Negrete McLeod Regulatory Boards Would have abolished the Joint Committee on Boards, Commissions, and Consumer Protection and would authorize the appropriate policy committees of the Legislature to carry out its duties.

Died in Senate Rules Committee

GA

SB 674 Negrete McLeod Healing Arts Would have required certain healing arts licensees to include in advertisements certain words or designations following their names indicating the particular educational degree they hold or healing art they practice, as specified. By changing the definition of a crime, this bill would have imposed a state-mandated local program.

Vetoed by Governor RP

SB 675 Steinberg Energy Job Training Would have required the Controller annually to allocate $8,000,000 from the Energy Resources Program Account, upon appropriation by the Legislature, to the Superintendent of Public Instruction for

Vetoed by Governor SM

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expenditure in the form of local grants to be allocated pursuant to the existing provisions for creating and maintaining partnership academies to provide occupational training to educationally disadvantaged high school pupils.

SB 691 Yee Amended to: Steinberg

Was: Accountants Amended to: Education employment

Would have deleted accounting license requirement of completion of a baccalaureate or higher degree conferred by a college or university with completion of at least 24 semester units in accounting and 24semester units in business related subjects, board exam passage, and 2 years of qualifying experience. These provisions were amended into SB 819 (Yee, Chapter 308, Statutes of 2009).

Died in Assembly Appropriations Committee

GA

SB 700 Negrete McLeod Peer Review Physicians

Requires specified persons to file a report with a licensing board within 15 days after a peer review body makes a decision or recommendation regarding the disciplinary action to be taken against a licentiate of that board based on the peer review body’s determination, following formal investigation, that the licentiate may have engaged in various acts, including incompetence, substance abuse, excessive prescribing or furnishing of controlled substances, or sexual misconduct, among other things. Authorizes board to inspect and copy certain documents in the record of that investigation.

Chapter 505, Statutes of 2010

RP

SB 707 DeSaulnier Alcohol and Drug Counselors

Would have established similar licensure, registration, and certification provisions relating to alcohol and other drug counselors to be administered by the State Department of Alcohol and Drug Programs, and would have authorized the department to commence issuing these licenses, registrations, and certificates.

Died in Senate Appropriations Committee

GA

SB 725 Hancock Regional Would have enacted the California Died in Senate SM

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Occupational Centers Apprenticeship Preparation Program Act of 2009, authorizing a regional occupational center or program and offer a California Apprenticeship Preparation Program.

Appropriations Committee

SB 726 Ashburn District Hospitals Would have revised Medical Practice Act pilot project to authorize the direct employment by qualified health care districts and qualified rural hospitals, as defined, of an unlimited number of physicians and surgeons under the pilot project, and would authorize such a district or hospital to employ up to 5 physicians and surgeons at a time if certain requirements are met.

Died in Senate BP&ED Committee

MS

SB 741 Maldonado Proprietary Security Requires proprietary private security officers and proprietary private security employers to register with the Department of Consumer Affairs.

Chapter 361, Statutes of 2009

GA

SB 744 Strickland Clinical Labs Requires private, nonprofit organizations able to give accreditation to independent labs to to be approved by the federal Center for Medicare and Medicaid Services instead of HCFA, to conduct inspections of clinical laboratories in a manner that will determine compliance with existing law.

Chapter 201, Statutes of 2009

RP

SB 762 Aanestad Prof & Vocations – Healing Arts

Makes it unlawful for a city or county to prohibit a healing arts licensee from engaging in any act or performing any procedure that falls within the professionally recognized scope of practice of that licensee, but would prohibit construing this provision to prohibit the enforcement of a local ordinance.

Chapter 16, Statutes of 2009

BG

SB 772 Leno Home Furnishings – Fire Retardancy

Would have exempted strollers, infant carriers, bassinets, and nursing pillows from requirements that certain products be fire retardant, and required products that do not meet those requirements to be labeled in a specified manner.

Died in Assembly Appropriations Committee

BG

SB 788 Wyland Mental Health Professionals

Provides for the licensure, registration, and regulation of professional clinical counselors

Chapter 619, Statutes of 2009

GA

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and interns by Board of Behavioral Sciences. Enacts various provisions concerning the practice of licensed professional clinical counselors, interns, and clinical counselor trainees. Authorizes the board to collect fees to carry out the provisions in the bill.

SB 819 Yee was BP&ED Professions and vocations

Expands the authorized functions that may be performed by nurse practitioners (NP) practicing under standard procedures, revises provisions of the Accountancy Act, and makes several non-controversial, minor, non-substantive or technical changes to various provisions pertaining to the regulatory boards in the Department of Consumer Affairs. Accountancy provisions in this bill were previously in SB 691 (Yee).

Chapter 308, Statutes of 2009

GA

SB 820 Negrete McLeod Healing arts: peer review

Would have defined the term “peer review” for purposes of professional review of specified healing arts licentiates. Would have also required specified persons to file a report with a licensing board within 15 days after a peer review body makes a decision or recommendation regarding the disciplinary action to be taken against a licentiate.

Vetoed by Governor RP

SB 821 Committee on Business, Professions and Economic Development

Healing Arts Licenses Makes technical and clarifying changes to statutes governing several professional and Healing Arts boards under the jurisdiction of the California Department of Consumer Affairs (DCA). These boards include the Architects Board, Contractors State License Board, Cemetery and Funeral Bureau, Acupuncture Board, Board of Behavioral Sciences (BBS), Board of Occupational Therapy, Board of Pharmacy (BOP), Dental Hygiene Committee, Hearing Aid Dispensers Bureau, Medical Board of California (MBC), and Respiratory Care Board. Changes the name of the DCA Office of Examination Resources to “Office of Professional

Chapter 307, Statutes of 2009

SM

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Examination Services.”

SB 882 Corbett Electronic Cigarettes Makes it unlawful for a person to sell or otherwise furnish an electronic cigarette, as defined, to a person under 18 years of age and would make a violation punishable as an infraction, as specified.

Chapter 312, Statutes of 2010

AC

SB 953 Walters Podiatrists Deletes existing prohibition on construing, Statutes exempting podiatrists from civil damages as authorizing a podiatrist to act beyond a certain scope of practice limitations.

Chapter 105, Statutes of 2010

RP

SB 971 Pavley Bleeding Disorders Would have imposed specified requirements on providers of blood clotting products for home use, as described, whose products are used for the treatment and prevention of symptoms associated with bleeding disorders, including all forms of hemophilia. Would have required Board of Pharmacy to administer and enforce.

Vetoed by Governor SM

SB 980 Huff Business Licensing Would have created the Business Master License Center, which would have had prescribed duties, including developing and administering a computerized one-stop master license system.

Died in Senate Appropriations Committee

AC

SB 999 Walters Occupational Rherapy

Prohibits the public members of Occupational Therapy Board from being licensees of any other healing arts board and would delete certain obsolete language.

Chapter 173, Statutes of 2010

RP

SB 1008 Padilla Engineering and Land Surveying

Authorizes registered limited liability partnerships and foreign limited liability partnerships to be formed by persons licensed to engage in the practice of engineering or land surveying.

Chapter 634, Statutes of 2010

GA

SB 1029 Yee Hypodermic Needles and Syringes

Would have deleted the prohibition against any person possessing or having under his or her control any hypodermic needle or syringe, except in accordance with specified regulatory provisions.

Vetoed by Governor SM

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SB 1031 Corbett Medical Malpractice Insurance

Would have created the Volunteer Insured Physicians Program, administered by the Medical Board, to provide specified medical malpractice insurance coverage to volunteer physicians providing uncompensated care to patients pursuant to a contract with a qualified health care entity

Died in Assembly BP&CP Committee

BG

SB 1043 Calderon Personal Trainers Would have provided that a person not hold himself or herself out as a personal trainer unless he or she had certain education, experience, or qualifications.

Died in Senate BP&ED Committee

SM

SB 1050 Yee Healing Arts Osteopath Medical Board

Excludes naturopathic doctors from the membership of the Osteopathic Medical Board, thereby reducing the licensee membership of the board to 5 osteopathic physicians and surgeons. Adds 2 additional public members to the board and requires the Senate Committee on Rules and the Speaker of the Assembly to each appoint one public member

Chapter 143, Statutes of 2010

GA

SB 1069 Pavley Physician Assistants Provides that a physician assistant acts as the agent of the supervising physician when performing authorized activities, and authorizes a physician assistant to perform physical examinations and other specified medical services, as defined, and sign and attest to any document evidencing those examinations and other services

Chapter 512, Statues of 2010

RP

SB 1084 Liu Poverty Would have established the California Economic Security Task Force

Died in Assembly Appropriations Committee

AC

SB 1094 Aanestad Peer Review Would have prohibited a member of a medical or professional staff from being required to alter or surrender staff privileges, status, or membership solely due to the termination of a contract between that member and a health care facility.

Died in Senate BP&ED Committee

RP

SB 1098 Corbett Athlete Agents Would have regulated the activities of an Vetoed by Governor SM

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athlete agent in soliciting or contracting to represent a student or professional athlete. Would have prohibited, subject to specified exceptions, a person from acting as an athlete agent without a certificate of registration issued by the Department of Industrial Relations.

SB 1106 Yee Prescribers Dispensing of Samples

Would have required a prescriber dispensing a drug sample or a starter kit to either (1) provide the patient with a copy of the FDA-approved package insert for the drug sample or starter kit or the (2) ensure that the manufacturer’s warnings are affixed to the package containing the drug sample or starter kit.

Died in Assembly Health Committee

RP

SB 1111 Negrete McLeod Regulatory Boards This bill would have required specified healing arts boards and the State Board of Chiropractic Examiners to disclose on the Internet information on their respective licensees.

Died in Senate BP&ED Committee

RP

SB 1119 Wright Health Care Staffing Would have extended regulations regarding temporary workers in long-term health facilities to all health facilities.

Vetoed by Governor RP

SB 1123 Negrete McLeod Real Estate Fund Would have extended provisions regarding real estate license fees to a transfer or loan of funds from the Real Estate Fund to the General Fund.

Died in Senate BP&ED Committee

BG

SB 1150 Negrete McLeod Healing Arts Would have required certain healing arts licensees to include in advertisements, as defined, certain words or designations following their names indicating the particular educational degree they hold or healing art they practice.

Died in Assembly Appropriations Committee

RP

SB 1155 Dutton Capital Access Companies

Provides that, if a capital access company becomes a small business investment company, specified federal regulations shall supersede regulatory requirements under the Corporations Code and that a violation of those federal regulations would constitute a

Chapter 516 Statutes of 2010

SM/AC

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violation of this act.

SB 1171 Negrete McLeod Regulatory Boards: Operations

Would have abolished the Joint Committee on Boards, Commissions, and Consumer Protection and would authorize the appropriate policy committees of the Legislature to carry out its duties.

Died in Senate Rules Committee

GA

SB 1172 Negrete McLeod Regulatory Boards: Diversion Programs

Specifies that boards keep records and documents relating to the treatment of drugs and alcohol abuse by individuals contracting with that board for 3 years. These documents are kept confidential and are not subject to discovery or subpoena unless otherwise expressly provided by law.

Chapter 517, Statutes of 2010

RP

SB 1246 Negrete McLeod Naturopathic medicine

Expands the category of persons who may perform clinical laboratory tests or examinations that are classified as waived to include licensed naturopathic doctors if the results of the tests can be lawfully utilized within their practice.

Chapter 523, Statutes of 2010

RP

SB 1254 Leno Contractors Workers Compensation

Authorizes the registrar of contractors to issue a stop order, effective immediately upon service, to any licensed or unlicensed contractor who as an employer has failed to secure workers’ compensation insurance coverage for his or her employees.

Chapter 643, Statutes of 2010

GA

SB 1282 Steinberg Applied behavior analysis services: California Behavioral Certification Organization. Health care coverage.

Original bill would have provided for the certification of specified applied behavior analysts and applied behavior analyst assistants by a California Behavioral Certification Organization. Gutted and Amended to deal with Health Care Coverage.

Died in Assembly Rules Committee

GA

SB 1390 Corbett Prescription Drug Labels

Would have required prescription drug labels on all prescription drugs dispensed to patients in California to conform to a specified standardized, patient-centered format including that certain elements of the label be printed in a specified typeface and that, when applicable, directions for use

Died in Assembly BP&CP Committee

SM

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utilize certain phrases and be translated into non-English languages.

SB 1410 Cedillo Medicine Licensure Examinations

Would have deleted the prohibition on taking Step III of the United States Medical Licensing Examination more than 4 times. Would also have required the board to accept as a passing score from an applicant the passing score that was adopted by the board and in effect on the date the applicant registered for that examination or part of the examination.

Vetoed by Governor RP

SB 1489 Committee on Business, Professions and Economic Development

Healing arts (Health omnibus)

Health Omnibus Bill. Makes several non-controversial, minor, non-substantive or technical changes to various provisions pertaining to regulatory boards of the Department of Consumer Affairs.

Chapter 653, Statutes of 2010

AC

SB 1490 Committee on Business, Professions and Economic Development

Accountants. (Urgency omnibus)

Indefinitely extends operative date of provision allowing accounting firm that is authorized to practice in another state and that does not have an office in this state to engage in the practice of public accountancy in this state through the holder of a practice privilege.

Chapter 298, Statutes of 2010

GA

SB 1491 Committee on Business, Professions and Economic Development

Professions and vocations (Nonhealth omnibus)

Non-Health Omnibus Bill. Makes several non-controversial, minor, non-substantive or technical changes to various provisions pertaining to regulatory boards of the Department of Consumer Affairs.

Chapter 415, Statutes of 2010

GA

SCR 63 Yee Secondhand Goods Urges the Department of Justice to ensure compliance with a requirement that the department develop a standard format to be used statewide for purposes of reporting secondhand dealer transactions.

Resolution Chapter 16, Statutes of 2010

GA

AB 33 Nava Financial services Amended to: Child abduction: sex offender identification.

Would have established a new Department of Financial Services (DFS) in the Business, Transportation and Housing Agency. Amended and withdrawn from BP&ED. As amended and enacted the bill deals with sex offender registration.

Chapter 224, Statutes of 2010

BG

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AB 34 Nava Residential Mortgage Lending

Would have required a real estate license endorsement from the commissioner in order to engage in the business of a mortgage loan originator. Bill as amended and enacted deals with reports for missing persons.

Chapter 225, Statutes of 2010

BG

AB 48 Portantino Private postsecondary education: California Private Postsecondary Education Act of 2009

Recasts and revises the former act as the California Private Postsecondary Education Act of 2009. Establishes the Bureau for Private Postsecondary Education in the Department of Consumer Affairs as a successor agency to the former bureau. imposes various fees in connection with a private postsecondary institution’s approval to operate under the act and requires those fees to be deposited in the Private Postsecondary Education Administration Fund

Chapter 310, Statutes of 2009

SM

AB 85 Tom Berryhill Junk Dealers Corrects erroneous cross-references in the record production provisions and in other related provisions, and would delete duplicate provisions.

Chapter 78, Statutes of 2009

GA

AB 99 De Leon Secondhand Dealers Provides that coin and secondhand dealers may validly verify information regarding the identity of the person who provides the item if the person taking the information reasonably relies on a Matricula Consular in addition to another item of identification bearing an address.

Chapter 311, Statutes of 2009

GA

AB 107 Galgiani Veterinarians Specifies that the Governor shall appoint 5 members to the Veterinary Medicine board, including one public member. Requires that the state board examination for licensure as a veterinarian be given at least twice each year. Modifies the examination requirements for registration as a veterinary technician

Chapter 80, Statutes of 2009

BG

AB 117 Niello Accountants Requires the holder of an inactive accountancy license, when using specified CPA titles, designations, or references on correspondence, Internet Web sites,

Chapter 409, Statutes of 2009

GA

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business cards, nameplates, or name plaques, to also specify that he or she is inactive.

AB 120 Hayashi Heath Care Providers Would have encouraged a peer review body to obtain external peer review for the evaluation or investigation of an applicant, privilegeholder, or member of the medical staff in specified circumstances. Would have required a peer review body to respond to the request of another peer review body and produce the records reasonably requested concerning a licentiate under review.

Vetoed by Governor RP

AB 124 Galgiani Cemeteries: temporary manager

Authorizes a court, based upon the court’s finding that a cemetery manager of a private cemetery has ceased to perform his or her duties due to a lapse, suspension, surrender, abandonment, or revocation of his or her license, to appoint a temporary manager to manage the property of, and certain services provided by, the private cemetery, as provided, for a limited term of 6 months or until a new licensed cemetery manager is hired.

Chapter 83, Statutes of 2009

GA

AB 138 Hayashi Accounting firms: peer review

Imposes a peer review requirement for all accounting firms relative to accounting and auditing practice, which would be conducted by a board-recognized peer review program.

Chapter 312, Statutes of 2009

GA

AB 171 Jones Dental services: credit

Prohibits a dentist from arranging for or establishing credit extended by a 3rd party for a patient without first providing a written notice and a written treatment plan, as specified. Prohibits that arrangement or establishment of credit with regard to a patient who has been administered or is under the influence of general anesthesia, conscious sedation, or nitrous oxide.

Chapter 418, Statutes of 2009

RP

AB 175 Galgiani Medical telemedicine: Optometrists

Expands the definition of “teleophthalmology and teledermatology by store and forward” to include an asynchronous transmission of

Chapter 419, Statutes of 2009

RP

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medical information to be reviewed at a later time, for teleophthalmology, by a licensed optometrist.

AB 221 Portantino HIV testing: skin punctures

Repeals permission of Office of AIDS to participate in a rapid HIV test research program conducted with the federal Centers for Disease Control and Prevention. Exempts an HIV counselor who works under a licensed physician and surgeon, and who is trained in rapid HIV test proficiency and universal infection control precautions, as specified, from the requirement that he or she hold a valid certification as a phlebotomist technician in order to perform a skin prick.

Chapter 421, Statutes of 2009

RP

AB 241 Nava Dogs and cats: breeding for sale

Would have made it a misdemeanor for any person or business entity to have more than a combined total of 50 adult unsterilized dogs and cats for breeding or raising them for sale as pets. Withdrawn from BP&ED Committee and not heard.

Vetoed by Governor BG

AB 245 Ma Physicians and Surgeons

Would have require the Medical Board to remove expunged misdemeanor or felony convictions posted pursuant to those provisions within 90 days of receiving a copy of the expungement order from the licensee.

Vetoed by Governor RP

AB 252 Carter Practice of medicine: cosmetic surgery: employment of physicians and surgeons (Med Spas)

Would have authorized the revocation of the license of a physician and surgeon who practices medicine with, or serves or is employed as the medical director of, a business organization that provides outpatient elective cosmetic medical procedures or treatments knowing that the organization is owned or operated in violation of the prohibition against employment of licensed physicians and surgeons and podiatrists.

Vetoed by Governor RP

AB 260 Lieu Lending Authorizes Real Estate Commissioner to suspend or revoke licenses, or to deny issuance of those licenses, upon a violation

Chapter 629, Statutes of 2009

BG

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of specified federal lending laws or regulations or upon the violation or failure to comply with specified provisions of state law relating to mortgages.

AB 318 Emmerson Bureau of Automotive Repair: inspection fees

Authorizes the Bureau of Automotive Repair to charge a vehicle owner who participates in this amnesty program a fee of $160 for each referee station inspection conducted pursuant to these provisions and would require the fee to be collected by the referee station performing the inspection.

Chapter 235, Statutes of 2009

GA

AB 356 Fletcher Radiologic Technology

Revises the definition of licentiate of the healing arts, for purposes of a fluoroscopy permit, to also include a physician assistant who is licensed pursuant to the Physician Assistant Practice Act and who practices under the supervision of a qualified physician and surgeon.

Chapter 434, Statutes of 2009

RP

AB 370 Eng Unlicensed Contractors

Make a first conviction for acting as an unlicensed contractor punishable by a fine not exceeding $5,000 or by imprisonment in a county jail for no more than 6 months or both.

Chapter 319, Statutes of 2009

GA

AB 403 Fuller Dental Hygiene Provides that the initial insurance premium charge shall be adjusted by applying the same rate of premium charge as initially used to each insurer’s written premium as shown on the annual statement for the 2nd year following the year on which the initial premium charge was based.

Chapter 104, Statutes of 2009

RP

AB 456 Emmerson Dentistry: diversion program

Would have declared the intent of the Legislature that the diversion program established by the Dental Board of California be implemented as both a rehabilitative and monitoring program for licensees whose participation is a component of a probationary or disciplinary action. The bill would delete the requirement that the board close investigations of licensees who self-

Died in Senate BP&ED Committee

RP

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administer or possess controlled substances or drugs and who enter and successfully complete a diversion program, and instead authorize the board to determine when to close or reopen investigations of those licensees, as specified.

AB 490 Smyth Pet Stores Revises the definition of a pet store to exclude the selling, or offering for sale, animals to an agricultural operation for purposes that are directly related to the raising of livestock or poultry on a farm or ranch. Also provides that a rodent or rabbit that is intended as food for another animal may be destroyed by a pet store operator or employee only in accordance with specified conditions, and only if the pet store operator or employee is certified, in writing, by a California-licensed veterinarian

Chapter 446, Statutes 2009

BG

AB 496 Davis Was: Tire age degradation: consumer disclosure. Amended to: Elections: payment of expenses

As introduced, required a tire retailer to disclose a tire's manufacture date upon sale, and requires a consumer to acknowledge receipt of such information by initialing and dating a statement to that effect. Amended to: An urgency measure, to require the state to reimburse counties for the costs of special elections to fill vacancies of State Senator, Member of the Assembly, United States Senator, or Representative in Congress.

Died in Senate Appropriations Committee

YZ

AB 501 Emmerson Physicians and surgeons

Authorizes certain persons who are not licensed as physicians and surgeons under the act to use the words “doctor” or “physician,” the letters or prefix “Dr.,” or the initials “M.D. Authorizes an applicant for a license who is otherwise eligible for a license but is unable to practice some aspects of medicine safely due to a disability to receive a limited license if the applicant pays the license fee and signs an agreement agreeing

Chapter 400, Statutes of 2009

RP

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to limit his or her practice in the manner prescribed by the reviewing physician and agreed to by the board.

AB 526 Fuentes Public Protection and physician health program

Would have enact the Public Protection and Physician Health Program Act of 2009, which would have established authorize the agency committee to contract, including on an interim basis, as specified, with any qualified physician health program for purposes of care and rehabilitation of physicians and surgeons, including applicants enrolled in an approved postgraduate training program, with alcohol or drug abuse or dependency problems or mental disorders, as specified. Would have imposed requirements on the physician health program relating to, among other things, monitoring the status and compliance of physicians and surgeons, as defined, who enter treatment for a qualifying illness, as defined, pursuant to written, voluntary agreements.

Died in Senate Appropriations Committee

BG

AB 549 Furutani Licensure: clinical laboratory personnel

Would have required Department of Public Health to issue a clinical biochemical geneticist license to a person meeting certain requirements.

Vetoed by Governor RP

AB 560 Skinner Net Energy Metering Would have required the standard contract or tariff for net energy metering be offered on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer-generators exceeds 5% of the electricity distribution utility or cooperative’s aggregate customer peak demand.

Died in Senate BP&ED Committee

GA

AB 583 Hayashi Health care practitioners: disclosure of education

Requires health care practitioners to disclose the type of license and, except as specified, the highest level of academic degree he or she holds either in a prominent display in his or her office or in writing, in a specified format given to a patient on his or her initial office

Chapter 436, Statutes of 2010

YZ

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visit. Requires a physician and surgeon, and an osteopathic physician and surgeon, who is certified in a medical specialty, as specified, to also disclose the name of the certifying board or association.

AB 602 Price Amended to: Feuer

Was: Opticians Amended to: Land use and planning: cause of actions: time limitations.

Original bill would have required a person engaging in the business of a dispensing optician to be registered biennially with the Medical Board of California. Was amended to revise the statute of limitations and remedies for specified housing-related challenges.. Withdrawn and not heard in BP&ED Committee.

Vetoed by Governor RP

AB 620 John A. Perez County Clerks Changes the minimum size requirements of professional registration cards county clerks must keep to 3.25 by 2 inches, and would delete a provision that requires the issuance of additional cards to employees of legal document assistants and unlawful detainer assistants

Chapter 458, Statutes of 2009

YZ

AB 623 Emmerson Architects Would have authorized the California Architects Board to establish comprehensive continuing education requirements if it determines, based upon empirical evidence, that continuing education is in the interest of public health safety and welfare and would require architects to complete that continuing education as a condition of license renewal.

Vetoed by Governor GA

AB 645 Niello Professional engineers and land surveyors: licensing

Deletes the requirement that the license expiration date appear on engineering plans or on land surveying documents, revises references to "registered" engineers to refer instead to "licensed" engineers, and makes technical and conforming changes.

Chapter 368, Statutes of 2009

GA

AB 646 Swanson Physicians and surgeons: employment

Would have revised and expanded an existing pilot project which authorized qualified health care district hospitals, as defined, to directly employ a limited number of physicians and surgeons, as specified, and

Died in Senate BP&ED Committee

BG

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instead allow for health care districts which meet certain requirements, to employ up to ten physicians and surgeons within each district and to provide employment contracts of up to 10 years, and to allow employment contracts to be renewed or extended to December 31, 2020. Would require a study regarding the program to be submitted to the Legislature by June 1, 2018, and sunset the program by January 1, 2021.

AB 648 Chesbro Rural hospitals: physician services

Would have established a demonstration project authorizing a rural hospital in a medically underserved or federally designated shortage area to employ up to 10 physicians and surgeons at one time, unless the Medical Board of California (MBC) makes a determination that additional physicians and surgeons is appropriate. Would require a report to be completed by MBC regarding the project by June 1, 2019.

Died in Senate BP&ED Committee

BG

AB 655 Emmerson Self-service storage facilities

Revises the existing declaration of objection that permits and occupant of a self-service storage facility to object to a lien sale of their items, and makes other related changes.

Chapter 439, Statutes of 2010

YZ

AB 667 Block Topical Fluoride Application

Would, when topical fluoride services are provided to elementary or postsecondary pupils, specifically include fluoride varnish in the topical applications that may be used and allow application by any person, including a dental assistant

Chapter 119, Statutes of 2009

RP

AB 718 Emmerson Was: Health care coverage: federally eligible defined individuals: preferred provider products: premium rates. Amended to: Health care coverage

Was: Would have created a pilot program in the Inland Empire Health Plan for electronic prescribing until January 1, 2013. Amended to deal with health care coverage: federally eligible defined individuals: preferred provider products: premium rates.

Died in Senate Health Committee

SM

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AB 764 Nava Real Estate Brokers Would have required the Real Estate commissioner to determine the form of advance fee agreements and to mandate the submission of advance fee agreement materials prior to their use. Would also have prohibited advertisements used in obtaining advance fee agreements from using words, letters, initials, symbols, or other devices that are similar to those used by a governmental agency or nonprofit entity

Vetoed by Governor BG

AB 797 Ma Accountants: discipline: Internet posting

Would have required accounting board to post on its Internet Web site, for a period of at least 10 years, the text of decisions issued by the board imposing discipline on those accountants, partnerships, and corporations.

Died on Senate Inactive File

GA

AB 867 Nava California State University: Doctor of Nursing Practice degree pilot program

Authorizes the California State University to establish a Doctor of Nursing Practice degree pilot program at 3 campuses chosen by the Board of Trustees to award the Doctor of Nursing Practice degree

Chapter 416, Statutes of 2010

RP

AB 970 Block Local government: economic development

Would have included various programs to facilitate economic development at the local level, including Community Redevelopment Law and the Enterprise Zone Act.

Died in Senate BP&ED Committee

AC

AB 977 Skinner Pharmacists: immunization protocols

Would have authorized a pharmacist to administer influenza immunizations, pursuant to standardized protocols developed and approved by the Medical Board of California (MBC), to any person 18 years or older, until January 1, 2015.

Died in Senate BP&ED Committee

SM

AB 978 V. Manuel Perez State Chief Information Officer: duties

Would have required the State Information Officer to collaborate with the Department of Consumer Affairs to acquire a new, integrated, enterprise-wide enforcement and licensing system, as described, that will replace the current licensing and monitoring system being used by the department

Died in Senate Appropriations Committee

RP

AB 1005 Block California Board of Accountancy

Requires the Board of Accountancy to post the minutes from board meetings

Chapter 378, Statutes of 2009

GA

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on its Internet Web site within a specified time period. Would also require board to require a live audio or video broadcast of board meeting over the interne.t

AB 1009 V. Manuel Perez Was: Small business: Direct Loan Program Amended to: Bonds

Was: Required the Secretary of the Business, Transportation and Housing Agency to develop and implement a Direct Loan Program to provide a loan of up to $500,000 to small businesses that meet certain requirements until January 1, 2015. Amended to: (Urgency) Allows the California Debt Limit Allocation Committee (CDLAC) and California Industrial Development Financing Advisory Commission (CIDFAC) to allocate, issue, and collect data on the new types of bonds authorized under the American Recovery and Reinvestment Act of 2009 (ARRA).

Chapter 648, Statutes of 2009

SM

AB 1070 Hill Healing Arts Requires the University of California to report specified settlements, arbitration awards, or civil judgments to the licensee’s board if based on the licensee’s alleged negligence, error, or omission in practice or his or her rendering of unauthorized professional services

Chapter 505, Statutes of 2009

RP

AB 1071 Emmerson Professions and vocations. (Fee Bill)

Changes licensure and regulation of various healing arts licensees by various boards within the Department of Consumer Affairs, including, but not limited to, the Medical Board of California, the California Board of Podiatric Medicine, the Board of Registered Nursing, the State Board of Optometry, the Respiratory Care Board of California, and the California State Board of Pharmacy. Existing law requires or authorizes these boards, with the exception of the California Board of Podiatric Medicine, to appoint an executive

Chapter 270, Statutes of 2009

SM

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director or officer.

AB 1074 Conway Contractors: fraudulent license numbers

Would have made it a crime if a person willfully and intentionally uses, with the intent to defraud, any number that does not correspond to the number on a currently valid contractor’s license held by that person.

Died in Senate Public Safety Committee

GA

AB 1113 Bonnie Lowenthal Prisoners: professional mental health providers: marriage and family therapists

Allows a marriage and family therapist intern to gain qualifying experience for licensure as a marriage and family therapist while working in a state correctional facility.

Chapter 135, Statutes of 2009

GA

AB 1116 Carter Cosmetic surgery – Donde West bill

Prohibits the performance of an elective cosmetic surgery procedure on a patient unless, within 30 days prior to the procedure, the patient has received an appropriate physical examination by, and has received written clearance for the procedure from, a licensed physician and surgeon, a certified nurse practitioner, or a licensed physician assistant, as specified, or, as applied to an elective facial cosmetic surgery procedure, a licensed dentist or licensed physician and surgeon.

Chapter 509, Statutes of 2009

RP

AB 1122 Lieu Animal abuse: sale of live animals

Would have made it a crime for any person to willfully sell, display or offer for sale or give away as part of a commercial transaction, a live animal on any street, highway, public right-of-way, parking lot, carnival, or boardwalk.

Vetoed by Governor BG

AB 1123 Davis Professions and vocations: process servers: registration

Requires a person registering to be a process server to submit to the fingerprint check also upon renewal of a lapsed certificate of registration.

Chapter 137, Statutes of 2009

GA

AB 1140 Nello California Private Postsecondary Education Act of 2009

Would have prohibited the bureau from enforcing the Private Postsecondary Act against institutions that offer flight instruction or institutions that offer Federal Aviation Administration certified educational programs

Died on Senate Inactive File

SM

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in aircraft maintenance.

AB 1145 Price Architects: fees Increases the renewal fee maximum for architecture licensure to $400

Chapter 385, Statutes of 2009

GA

AB 1152 Anderson Professional Corporations; Licensed Physical Therapists. Amended to: Horse racing.

Would have added licensed physical therapists to the list of healing arts practitioners who may be shareholders, officers, directors, or professional employees of those corporations. Failed passage in Senate BP&ED; granted reconsideration. Amended to deal with horse racing. Rereferred to GO Committee.

Chapter 53, Statutes of 2010

RP

AB 1235 Hayashi Healing arts: peer review

Encourages a Healing Arts peer review body to obtain external peer review, as defined, for the evaluation or investigation of an applicant, privilegeholder, or member of the medical staff in specified circumstances.

Vetoed by Governor BG

AB 1260 Huffman Fuller

Was: Acupuncture Amended to: California Water Commission: terms of office.

Would have specified that 4 members of the Acupuncture board, including at least one acupuncturist, constitute a quorum to conduct business. Amended to: Extend the term of members of the California Water Commission to May 14, 2014.

Chapter 125, Statutes of 2010

RP

AB 1276 Skinner International trade Would have prohibited a state official, including the Governor, from binding the state, or giving consent to the federal government to bind the state, to provisions of a proposed international trade agreement, including, the government procurement rules, unless a statute is enacted that explicitly authorizes a state official, including the Governor, to bind the state or to give consent to bind the state to that trade agreement.

Vetoed by Governor SM

AB 1310 Hernandez Healing arts: database

Would have required Healing Arts Board to collect specified information from their licensees and would require those boards and the Department of Consumer Affairs to,

Died in Senate Appropriations Committee

RP

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as much as practicable, work with OSHPD to transfer that data to the Health Care Workforce Clearinghouse

AB 1312 Swanson Defibrillators Would have extended requirement that Health Studios have Defibrillators to acquire an automatic external defibrillator to July 1, 2014.

Vetoed by Governor BG

AB 1391 Eng Acupuncture Board Would have extended the sunset date of the Acupuncture Board and its authorization to appoint an executive officer from January 1, 2011 to January 1, 2017.

Died in Senate BP&ED Committee

RP

AB 1416 Galgiani Nursing & techs school accreditation Amended to: Emission control regulations: groundwater drilling: portable engines, off-road vehicles, and on-road vehicles

Would have given the Board of Vocational Nursing and Psychiatric Technicians discretion to conduct facility inspections of vocational nursing schools (VN) and psychiatric technician (PT) schools for the purpose of accreditation Amended to: prohibit the State Air Resources Board from imposing specified emission control requirements on portable engines, off-road vehicles, or on-road vehicles used by a person holding a C-57 or C-61 (D-21 subcategory) license issued by the Contractors’ State License Board for water well drilling

Died in Senate Environmental Quality Committee

SM

AB 1431 Hill Geologists and geophysicists

Renames the Board for Professional Engineers and Land Surveyors and increases the Board membership from 13 to 15 by adding a licensed geologist or geophysicist and a public member.

Chapter 696, Statutes of 2010

GA

AB 1518 Anderson State government: boards, commissions, committees: report

Would have required the Department of Finance (DOF) to submit a report to the Assembly Committee on Business and Professions and the Senate Committee on Business, Professions and Economic Development that identifies every state board, commission, and committee DOF determines to be inactive, as defined, on or

Died in Senate Rules Committee

GA

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before July 1, 2011.

AB 1524 Hayashi Dentistry: examination requirements

Establishes a new dental clinical exam for licensure in which dental students may complete the clinical portion of the licensure exam throughout dental school, instead of during a single examination.

Chapter 446, Statutes of 2010

RP

AB 1535 Jones Audiologists: hearing aids

Defines the practice of audiology to include the selling of hearing aids and exempts audiologists from the hearing aid dispenser licensure requirements. Requires an audiologist who wishes to sell hearing aids to apply for a dispensing audiologist certificate, and pass a specified examination approved by the board. Consolidates the Hearing Aid Dispensers Bureau functions into the Speech-Language Pathology and Audiology Board (SLPAB), changes the composition of the SLPAB, and renames it the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.

Chapter 309, Statutes of 2009

RP

AB 1554 Committee on Jobs, Economic Development, and the Economy

Economic development: omnibus bill

Economic development Omnibus: (1) resets the date and frequency for the Department of Housing and Community Development to report to the Legislature on the effect of the enterprise zone program, (2) makes other technical changes to economic development area statutes, and (3) provides for a 15-year recapture provision for farmworker housing tax credits.

Died on Senate inactive File

SM

AB 1555 Committee on Jobs, Economic Development, and the Economy Amended to: V. Manuel Perez

Was: Amended to: Telecommunications: California Advanced Services Fund

Was: Defined additional terms and made technical changes to the codes relating to the state's economic development. Amended to: Establish that to receive matching funds to finance broadband projects from the American Recovery and Reinvestment Act of 2009 (ARRA), any entity

Chapter 24, Statutes of 2009

SM

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that meets the eligibility standards of ARRA shall also be eligible to apply for funding from the California Advanced Services Fund. Withdrawn and not heard by BP&ED

AB 1558 V. Manuel Perez State Government Would revised and recast these provisions relating to the preparation of the California Economic Development Strategic Plan, which would be renamed the California Economic and Workforce Development Strategy, and would instead require that strategy to be updated every 5 years rather than biennially.

Died in Senate Appropriations Committee

AC

AB 1570 Salas Malpractice insurance: volunteer dentists

Would have required Dental board, in conjunction with the Health Professions Education Foundation, to study the issue of its providing malpractice insurance for dentists who provide voluntary, unpaid services and report its findings to the Legislature on or before January 1, 2012.

Vetoed by Governor RP

AB 1647 Hayashi Athletics Would have established certification and training requirements for athletic trainers, and prohibits individuals from calling themselves athletic trainers they meet those requirements.

Vetoed by Governor AC

AB 1659 Huber State Government Agency Repeals

Creates the Joint Sunset Review Committee to identify and eliminate waste, duplication, and inefficiency in government agencies and to conduct a comprehensive analysis of every “eligible agency,” as defined, to determine if the agency is still necessary and cost effective. Defines an “eligible agency” as an entity of state government, however denominated, for which a date for repeal has been established by statute on or after January 1, 2011

Chapter 666, Statutes of 2010

BG

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AB 1736 Ma Department of Pesticide Regulation: Structural Pest Control Board: Structural Fumigation Enforcement Program

Extends the sunset date of the Structural Fumigation Enforcement Program to January 1, 2014, makes participation in the Structural Fumigation Enforcement Program permissive, and revises board membership requirements for the Structural Pest Control Board.

Chapter 238, Statutes of 2010

GA

AB 1746 Emmerson Architects: continuing education

Authorizes the California Architects Board (CAB) to accept self-certification of completed continuing education (CE) for license renewals.

Chapter 240, Statutes of 2010

GA

AB 1767 Hill Healing arts Requires the Office of the Attorney General, with approval by the Medical Board of California, to provide representation to any licensed physician and surgeon who provides expertise to the board in the evaluation of the conduct of an applicant or a licensee when, as a result of providing that expertise, the physician and surgeon is subject to a disciplinary proceeding undertaken by a specialty board of which the physician and surgeon is a member

Chapter 451, Statutes of 2010

RP

AB 1809 Smyth Home inspections: energy audits

Authorizes a home inspection to include, if requested by the client, a Home Energy Rating System (HERS) home energy audit that meets the requirements of the HERS regulations established by the State Energy Resources Conservation and Development Commission.

Chapter 453, Statutes of 2010

BG

AB 1822 Swanson Massage Therapy Would have added 2 members to the Board of Directors of the Massage Therapy Organization who would be selected by specified peace officer associations, and would limit the number of law enforcement professionals that may serve on the board of directors.

Vetoed by Governor BG

AB 1889 Portantino Private postsecondary education: California

Would have provided a one year delay in implementation of the California Private Postsecondary Education Act, beginning July

Vetoed by Governor SM

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Private Postsecondary Education Act of 2009

1, 2010, for institutions certified to offer educational programs in flight instruction and aircraft maintenance by the Federal Aviation Administration (FAA) and requires an institution to notify the Bureau if it operates between July 1, 2010 and July 1, 2011.

AB 1937 Fletcher Pupil health: immunizations

Authorizes a school district to permit certain other licensed health care practitioners who are acting under the direction of a supervising physician and surgeon to administer certain immunizing agents to those pupils

Chapter 203, Statutes of 2010

RP

AB 1980 Hayashi Veterinary Medicine Adds one registered veterinary technician to the board, to be appointed by the Governor, and would make the provisions establishing the board and authorizing it to appoint an executive officer inoperative and repealed on January 1, 2014.

Chapter 538, Statutes of 2010

BG

AB 1996 Hill Chiropractors: license renewal fee

Increases the chiropractic license renewal fee from $150 to $250.

Chapter 539, Statutes of 2010

RP

AB 2036 Bill Berryhill Public contracts: contract document distribution

Requires a state department and a local agency, upon request from a contractor plan service, to provide an electronic copy of a project’s contract documents to the contractor plan room at no charge.

Chapter 371, Statutes of 2010

GA

AB 2076 Salas Advertising: business location representations: floral and ornamental products and services

Would have made it unlawful for a provider or vendor of floral or ornamental products or services, as defined, to misrepresent the geographic location of its business

Vetoed by Governor GA

AB 2077 Solorio Pharmacy Would have provided that a hospital pharmacy also includes a pharmacy, licensed by the board, that may be located outside of the hospital in either another physical plant on the same premises or on a separate premises, located within a 100-mile radius of the hospital, that is regulated under a hospital’s license

Vetoed by Governor SM

AB 2104 Hayashi California State Board Authorizes the Pharmacy board to appoint Chapter 374, Statutes BG

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of Pharmacy the executive officer with the approval of the director.

of 2010

AB 2111 Smyth Service Contracts Changes the definition of service contract by expanding the items a contract may cover to include accessories of electronic sets or appliances and by excluding a contract to maintain structural wiring associated with communications services. The bill would delete the $250 per year limit on incidental payment of indemnity. Also changes the definition of service contract administrator to no longer exclude service contract sellers and insurers admitted to do business in the state and to no longer include an affiliate who performs or arranges specified activities.

Chapter 543, Statutes of 2010

GA

AB 2128 Gaines Private security services: insurance policies

Would have required all private patrol operators or applicants for licensure to file or have on file with the bureau an insurance policy that provides minimum limits of insurance of $1,000,000 for any one loss due to bodily injury or death and $1,000,000 for any one loss due to injury or destruction of property.

Vetoed by Governor SM

AB 2130 Huber Sunset Review Abolishes the Joint Committee on Boards, Commissions, and Consumer Protection (Joint Committee) and makes eligible agencies subject to review by the new Joint Sunset Review Committee (JSRC) created by the companion measure AB 1659 (Huber).

Chapter 670, Statutes of 2010

BG

AB 2167 Nava Clinical social workers: examination requirements

Establishes new examination requirements for applicants seeking licensure as clinical social workers.

Chapter 546, Statutes of 2010

GA

AB 2191 Emmerson Healing arts: behavioral sciences: licensure

Requires Healing Arts Board to issue a retired license to a marriage and family therapist, clinical social worker, educational psychologist, or professional clinical counselor who holds a license that is current and active or capable of being renewed, and whose license is not suspended, revoked, or

Chapter 548, Statutes of 2010

GA

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otherwise punitively restricted by the board or subject to disciplinary action.

AB 2256 Huffman Product labeling: flushable products

Would have prohibited, after January 1, 2012, a person from packaging or labeling a consumer product for distribution or sale in California as flushable, sewer and septic safe, or other like term or phrase, unless the product meets certain criteria, as specified

Died in Senate Environmental Quality Committee

GA

AB 2289 Eng Smog check program: testing: penalties

Requires Consumer Affairs Department to implement testing using onboard diagnostic systems, in lieu of loaded mode dynamometer or 2-speed idle testing, only on model year 2000 and newer vehicles, beginning no earlier than January 1, 2013, and otherwise authorizes the department, in consultation with the State Air Resources Board, to determine the appropriate test procedures, as specified.

Chapter 258, Statutes of 2010

GA

AB 2305 Knight Contractors: workers' compensation insurance coverage

Extends the sunset date, from January 1, 2011 to January 1, 2013, on law requiring a roofing contractor (C-39) classification to obtain and maintain workers' compensation insurance, even if he or she has no employees, and extends the parallel sunset date requiring the Department of Insurance to report on this effect.

Chapter 423, Statutes of 2010

GA

AB 2332 Eng Contractors: licenses Would have authorized the Contractors State License Board to suspend or deny a contractor license to a licensee who fails to resolve tax liabilities assessed by the Board of Equalization.

Vetoed by Governor GA

AB 2344 Nielsen Nursing: approved schools

For the purposes of the Board of Registered Nursing approval of nursing schools, specifies that the term “institution of higher education” includes, but is not limited to, community colleges and private postsecondary institutions offering an associate of arts or associate of science degree.

Chapter 208, Statutes of 2010

SM

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AB 2361 Ruskin Weights and measures: inspection: fees

Extends the sunset date on the authority of the board of supervisors of a county to charge fees to recover the costs of the county sealer to register and inspect weighing and measuring devices until January 1, 2013.

Chapter 260, Statutes of 2010

GA

AB 2386 Gilmore Armed Forces: medical personnel

Authorizes a hospital to enter into an agreement with the Armed Forces of the United States to authorize a physician and surgeon, physician assistant, or registered nurse to provide medical care in the hospital if the health care professional holds a valid license in good standing in another state or territory, the medical care is provided as part of a training or educational program designed to promote the combat readiness of the health care professional, and the agreement complies with federal law.

Chapter 151, Statutes of 2010

RP

AB 2390 Buchanan Torrico

Was: Public works: bidding practices: licenses and workers' compensation insurance Amended to: Works of improvement: progress payments: notice: retention proceeds.

Would have required contractors and subcontractors to possess and provide proof of valid workers' compensation insurance when submitting a bid for a public works construction project. Gut and amended to contain the contents of AB 2216 (Fuentes). Would have reduced the time required for a general contractor or subcontractor to pay a subcontractor, to no later than seven days of receipt of each progress payment. Would revise the timing requirements for a subcontractor to file a surety claim.

Died on Senate Floor AC

AB 2393 Ammiano California Private Postsecondary Education Act of 2009

With respect to occupations or jobs in an apprenticeship program approved by the Division of Apprenticeship Standards of the Department of Industrial Relations or a position for which the Board of Registered Nursing has established licensure requirements, would have separately defined

Vetoed by Governor SM

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“graduates employed in the field” for purposes of the reporting requirements.

AB 2419 Cook Contractors Would have renamed specified classifications of contractors, made corrections to the name of the Contractors State License Board, and make other technical, nonsubstantive, and conforming changes to related provisions.

Vetoed by Governor GA

AB 2435 Bonnie Lowenthal Elder and dependent adult abuse

Encourages the Board of Psychology and the Board of Behavioral Sciences to include in that training elder and dependent adult abuse assessment and reporting. Also applies that training and coursework requirement to professional clinical counselors.

Chapter 552, Statutes of 2010

GA

AB 2437 V. Manuel Perez State government: economic development

Would have authorized the California Industrial Development Financing Advisory Commission to establish the California Manufacturing Competitiveness Loan and Loan Guarantee Program for the purpose of attracting, retaining, and expanding manufacturing facilities, and would require the commission to establish guidelines for the implementation and oversight of the program.

Vetoed by Governor AC

AB 2443 V. Manuel Perez State government: international relations

Would have, under the California International Trade and Investment Act, required the state point of contact to provide to specified legislative committees, within 5 business days, copies of any official position or comments that any entity within the executive branch of state government provided to the United States Trade Representative regarding a pending trade agreement.

Vetoed by Governor SM

AB 2500 Hagman Professions and vocations: licenses: military service

Authorizes a licensee or registrant whose license under various boards expired while the licensee or registrant was on active duty as a member of the California National Guard or the United States Armed Forces to, upon application, reinstate his or her license without penalty and without examination, if

Chapter 389, Statutes of 2010

BG

2009-2010 Bill Summary Senate Committee on Business, Professions & Economic Development Page 38 of 40 BILL NO AUTHOR SUBJECT SUMMARY STATUS STAFF

those requirements are satisfied, unless the licensing agency determines that the applicant has not actively engaged in the practice of his or her profession while on active duty.

AB 2529 Fuentes State agencies: regulations: review

Would have required the State Air Resources Board, Energy Commission, Department of Fish and Game, and the Department of Housing and Community Development to complete a related economic impacts analysis, as defined, for any proposed regulation that will have an adverse economic impact on California business enterprises and individuals in an amount exceeding $10,000,000,

Vetoed by Governor SM

AB 2551 Hernandez Was: Pharmacy Technicians: scholarship and loan repayment program. Amended to: Health workforce planning

Would have established the California Pharmacy Technician Scholarship and Loan Repayment Program (Program) for pharmacy technician students who agree to serve in medically underserved areas within the state. Amended to: (Urgency) Establish a Health Workforce Development Fund consisting of moneys received from federal and private sources, as specified, authorize the Fund to be used, upon appropriation by the Legislature, for prescribed purposes relating to health workforce development, and requires the California Workforce Investment Board and the Office of Statewide Health Planning and Development to report specified information to the Legislature annually from April 1, 2012, to April 1, 2016.

Died on Senate floor AC

AB 2566 Carter Practice of medicine: cosmetic surgery: employment of physicians and surgeons

Would have provided that a business entity that offers cosmetic procedures in violation of the corporate practice of medicine prohibition and contracts with a physician and surgeon for the provision of those services is guilty of knowingly making or causing to be made a

Vetoed by Governor RP

2009-2010 Bill Summary Senate Committee on Business, Professions & Economic Development Page 39 of 40 BILL NO AUTHOR SUBJECT SUMMARY STATUS STAFF

false or fraudulent claim for payment of a health care benefit.

AB 2600 Ma Was: Medicine: licensing: continuing education requirements. Amended to: Marriage: solemnization

Would have required the medical board to consider including a continuing education course in the diagnosis and treatment of hepatitis. Gut and amended to authorize, effectively immediately as urgency legislation, a mayor, while that person holds the office, to solemnize a marriage ceremony.

Chapter 268, Statutes of 2010

RP

AB 2654 Hill Solicitations Would have made it unlawful for certain solicitations to contain an emblem or any other content or specified title, trade, or brand names, that reasonably could be interpreted or construed as implying any federal, state, or local government connection, approval, or endorsement and would require the disclosures to be conspicuously displayed apart from other print in the solicitation and on the envelope, cover, or wrapper in which the solicitation is mailed.

Vetoed by Governor SM

AB 2683 Hernandez Optometry Authorizes the practice of optometry at a health facility or residential care facility provided the optometrist meets specified requirements, including those related to maintaining a nonresidential primary business office, patient access to, and disclosure of, patient records, and specified recordkeeping requirements.

Chapter 604, Statutes of 2010

GA

AB 2699 Bass Healing arts: licensure exemption

Creates, until January 1, 2014, a state license exemption for out-of state licensed health care practitioners (HCPs) who provide free services on a short term, voluntary basis to uninsured persons.

Chapter 270, Statutes of 2010

RP

AB 2798 Committee on Jobs, Economic Development, and the Economy

Economic development

Defines additional terms for the purposes of provisions in existing law relating to economic development and emerging domestic markets.

Chapter 613, Statutes of 2010

AC

2009-2010 Bill Summary Senate Committee on Business, Professions & Economic Development Page 40 of 40 BILL NO AUTHOR SUBJECT SUMMARY STATUS STAFF

AJR 27 Torrico Colombia-United States free trade agreement

Memorializes Congress that the California Legislature opposes the United States-Colombia Trade Promotion Agreement (CTPA), was signed on November 22, 2006, and is currently being reviewed by the Office of the United States Trade Representative (USTR).

Chapter 145, Statutes of 2010

SM

Consultant (Staff) Legend: BG – Bill Gage GA – G. V. Ayers SJ – Sieglinde (Missy) Johnson RP – Rosielyn Pulmano AC – Antoinnae Comeaux YZ – Yuliya Zeynalova