Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission, in collaboration with other relevant state agencies and stakeholders, to maintain and update a statewide, publicly accessible, and interactive map showing the accessibility of broadband service in the state. Existing law establishes, within the Government Operations Agency, the Department of Technology under the supervision of the Director of Technology, who also serves as the State Chief Information Officer. Under existing law, the Department of Technology is responsible for the approval and oversight of information technology projects. This bill would require the Department of Technology, on or before May 1, 2024, with input from relevant state agencies and stakeholders, to conduct, complete, and submit a report to specified legislative committees that reviews and identifies barriers to, and opportunities for, investment in, and efficient building of, broadband access points on private and government-owned structures and property, private and public lands and buildings, and public rights of way. The bill would also require the report to identify barriers to, and opportunities for, access to mobile and fixed broadband internet service infrastructure by low-income tribal, urban, and rural customers, and underserved communities. This bill would further require the report to provide recommendations on how to accelerate deployment of broadband access points to serve tribes, low-income customers, and disadvantaged or underserved communities. The bill would require the report, at a minimum, to consider the extent to which specified factors serve as barriers to investment or deployment of broadband access points and to make recommendations on how to overcome these barriers. The bill would define relevant terms.
Sponsored bills
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. Existing law requires that the housing element include, among other things, an inventory of land suitable and available for residential development. If the inventory of sites does not identify adequate sites to accommodate the need for groups of all households pursuant to specified law, existing law requires the local government to rezone sites within specified time periods and that this rezoning accommodate 100% of the need for housing for very low and low-income households on sites that will be zoned to permit owner-occupied and rental multifamily residential use by right for specified developments. This bill, the Middle Class Housing Act of 2022, would deem a housing development project, as defined, an allowable use on a parcel that is within a zone where office, retail, or parking are a principally permitted use, if specified conditions are met, including requirements relating to density, public notice, comment, hearing, or other procedures, site location and size, consistency with sustainable community strategy or alternative plans, prevailing wage, and a skilled and trained workforce. The bill would authorize an interested party, including a labor organization that represents workers in the geographic area of the project, to bring an action for injunctive relief against a developer or prime contractor that proceeds with a project in violation of specified bidding requirements. This bill would require a development proponent to provide written notice of their pending application to each commercial tenant on the parcel when the application is submitted and provide relocation assistance to each eligible commercial tenant, as described. The bill would require a local agency to require that a rental of any unit created pursuant to the bill's provisions be for a term longer than 30 days. This bill would authorize a local agency to exempt a parcel from these provisions if the local agency makes specified written findings supported by substantial evidence, as provided. The bill would specify that it does not alter or affect the application of any housing, environmental, or labor law applicable to a housing development authorized by these provisions, including, but not limited to, the California Coastal Act, the California Environmental Quality Act, the Housing Accountability Act, obligations to affirmatively further fair housing, and any state or local affordability laws or tenant protection laws. The bill would require the Department of Housing and Community Development to undertake at least 2 studies of the outcomes of these provisions that include specified information, including, among other things, the number of projects built and the number of units built. The bill would provide that these provisions become operative on July 1, 2023, and would repeal the provisions on January 1, 2033. The bill would include findings that changes proposed by the Middle Class Housing Act of 2022 address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The Housing Accountability Act, which is part of the Planning and Zoning Law, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project, as defined for purposes of the act, for very low, low-, or moderate-income households or an emergency shelter unless the local agency makes specified written findings based on a preponderance of the evidence in the record. That act states that it shall not be construed to prohibit a local agency from requiring a housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction's share of the regional housing need, except as provided. That act further provides that a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity. The bill would provide that for purposes of the Housing Accountability Act, a proposed housing development project is consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if the housing development project is consistent with the standards applied to the parcel pursuant to specified provisions of the Middle Class Housing Act of 2022. The Planning and Zoning Law, until January 1, 2026, also authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including a requirement that the site on which the development is proposed is zoned for residential use or residential mixed-use development, or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, with at least 23 of the square footage of the development designated for residential use. Under that law, the proposed development is also required to be consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time the development is submitted to the local government. This bill would permit the development to be proposed for a site zoned for office or retail commercial use and that meets the requirements of the above-described Middle Class Housing Act of 2022. The bill would also provide that a project shall be deemed consistent with objective zoning standards, objective design standards, and objective subdivision standards if the project is consistent with the applicable provisions of the Middle Class Housing Act of 2022 and if none of the square footage in the project is designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel, as defined. This bill would incorporate additional changes to Section 65913.4 of the Government Code proposed by AB 2668 to be operative only if this bill and AB 2668 are enacted and this bill is enacted last. By expanding the crime of perjury and imposing new duties on local agencies with regard to local planning and zoning, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons.
Under existing law, the Department of Consumer Affairs is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations. This bill would continue in existence several of these boards, bureaus, and commissions, including the Dental Board of California, the California Board of Accountancy, and the California Architects Board, among others, until January 1, 2025, and make related conforming changes. Existing law specifies that all osteopathic physician's and surgeon's certificates shall expire at midnight on the last day of the birth month of the licensee during the 2nd year of a 2-year term. Existing law requires the Osteopathic Medical Board of California to establish by regulation procedures for the administration of a birth date renewal program. This bill, instead, would specify that physician's and surgeon's certificates shall be issued for 2 years and shall expire at midnight on the last day of the month in which the license was issued. The bill would also remove the provisions requiring the board to establish procedures for the administration of a birth date renewal program. Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services and makes violations of those provisions a crime. Existing law, until January 1, 2024, authorizes the bureau to issue a private investigator license to a limited liability company. This bill would extend that date to January 1, 2025. By extending the operation of these provisions, the bill would impose a state-mandated local program. Existing law, the Alarm Company Act, establishes the Bureau of Security and Investigative Services headed by the Chief of the Bureau of Security and Investigative Services within the Department of Consumer Affairs and sets forth its powers and duties over the licensure, registration, and regulation of alarm company operators. Existing law prohibits a person from engaging in the activities of an alarm company operator unless the person holds a valid alarm company operator's license. Existing law makes a violation of these provisions a crime. Existing law authorizes the bureau to establish fees and penalties for licensure and registration. Existing law, beginning on January 1, 2024, prohibits an alarm company operator from conducting business under these provisions as a limited liability company. This bill would extend that date until January 1, 2025, and make other conforming changes. By extending the operation of these provisions, the bill would impose a state-mandated local program. Existing law, the Cemetery and Funeral Act, establishes the Cemetery and Funeral Bureau within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of cemeteries, crematories, funeral establishments, and their personnel. Existing law authorizes the bureau to set the amount, within specified parameters, of various fees and regulatory charges under the act, including fees and charges relating to a certificate of authority, a crematory license, a funeral director's license, a funeral establishment's license, an embalmer's license, a cemetery broker's license, a cemetery salesperson's license, a cremated remains disposer, a crematory manager license, a cemetery manager license, a cemetery authority operating a cemetery, and a hydrolysis facility license. This bill would remove the bureau's authority to set the amount of those fees and, instead, specify the amount of each fee. The bill would establish a delinquent renewal fee for a funeral establishment license. The bill would make other conforming changes. Existing law authorizes a cemetery authority that maintains a cemetery to place its cemetery under endowment care and establish, maintain, and operate an endowment care fund. Existing law prohibits commingling special care funds derived from trusts created by a revocable agreement for investment and requires those funds to be accounted for separately from all other funds. Existing law requires a cemetery authority to file with the bureau an annual audit report of the endowment care fund and special care fund, as specified. This bill would establish fees for filing an annual report on the endowment care fund and special care fund, as specified. Existing law requires, until January 1, 2024, funds generated by fees received by the Court Reporters Board of California, pursuant to specified provisions, in excess of funds needed to support the board's operating budget for the fiscal year, to be transferred from the Court Reporters' Fund and used by the board for the purpose of establishing and maintaining a Transcript Reimbursement Fund, which is continuously appropriated, to provide shorthand reporting services to low-income litigants in civil cases who are unable to otherwise afford those services. This bill would continue the operation of provisions that provide for funds to be transferred into the Transcript Reimbursement Fund until January 1, 2025, and make other conforming changes. By continuing the transfer of funds into a continuously appropriated fund, the bill would make an appropriation. Existing law provides for the licensure and regulation of shorthand reporters by the Court Reporters Board of California. Existing law subjects a person or entity to certain penalties if the person or entity engages in specified acts relating to shorthand reporting, including any act that constitutes shorthand reporting, unless the person or entity is a licensed shorthand reporter, a shorthand reporting corporation, or one of specified other persons or entities not subject to those provisions. Existing law makes a violation of these provisions a misdemeanor. Existing law, on and after July 1, 2022, and until January 1, 2024, authorizes an entity that is not a shorthand reporting corporation to engage in specified acts if the entity is approved for registration by the board, as specified. This bill would extend the operation of those provisions authorizing an entity that is not a shorthand reporting corporation to engage in those specified acts if the entity is approved for registration by the board, as specified, until January 1, 2025. Existing law specifies that there is in the Department of Consumer Affairs a Bureau of Household Goods and Services, under the supervision and control of a director. Existing law, the Electronic and Appliance Repair Dealer Registration Law, regulates service dealers, as defined, and applies its provisions, until January 1, 2023, to service contractors. Among other things, existing law, until January 1, 2023, requires the director to gather evidence of specified violations by any service contractor and to conduct spot check investigations of service contractors throughout the state on a continuous basis. Existing law establishes the Electronic and Appliance Repair Fund, a continuously appropriated fund, and establishes a specified fee structure that, among other things, specifies the initial registration fee and annual renewal fee for a service dealer or service contractor who does not operate a place of business in this state. Existing law revises those provisions and repeals the provisions applicable to an out-of-state service contractor on January 1, 2023. This bill would continue to extend applicability of those provisions to service contractors, and would authorize the continued exercise of specified responsibilities by the director to service contractors until January 1, 2024. The bill would extend the fee schedule and provisions applicable to an out-of-state service contractor until January 1, 2024. Because the bill would continue the operation of provisions that require service contractors to pay fees that are deposited into a continuously appropriated fund, the Electronic and Appliance Repair Fund, this bill would make an appropriation. This bill would make other technical and nonsubstantive changes, including updating cross-references. This bill would incorporate additional changes to Section 7520.3 of the Business and Professions Code proposed by SB 1495 to be operative only if this bill and SB 1495 are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
The California Health Facilities Financing Authority Act authorizes the California Health Facilities Financing Authority (authority) to, among other things, make loans from the continuously appropriated California Health Facilities Financing Authority Fund to participating health institutions, as defined, for financing or refinancing the acquisition, construction, or remodeling of health facilities. Under existing law, the board of supervisors of each county may maintain in the county hospital or in any other hospital situated within or without the county, or in any other psychiatric health facility situated within or without the county, suitable facilities and nonhospital or hospital services for the detention, supervision, care, and treatment of persons who have a mental health disorder or a developmental disability, or who are alleged to be such. Existing law defines "county psychiatric hospital" as a hospital, ward, or facility provided by the county pursuant to certain provisions. This bill would establish the California Acute Care Psychiatric Hospital Loan Fund and would continuously appropriate moneys in that fund to the authority to provide loans to qualifying county or city and county applicants for the purpose of building or renovating acute care psychiatric hospitals, psychiatric health facilities, or psychiatric units in general acute care hospitals, as defined. The bill would require the authority to develop an application for county or city and county applicants by January 1, 2024. The bill would require initial preliminary applications for projects to be submitted to the authority by April 1, 2024, and would require the authority to approve the project based on specified criteria. The bill would provide for the return of any funds not encumbered by a loan recipient within a specified period and would require a loan recipient to maintain and operate the facility for the life of the loan. The bill would authorize the authority to charge a fee to cover the cost of administering the loan. The bill would also require the authority to provide a report to the Department of Finance and the budget and health committees of the Assembly and Senate by a specified date that would include, among other things, the number of projects that are receiving loans and their geographic distribution. By creating a continuously appropriated fund, the bill would make an appropriation.
Existing law, the Chiropractic Act, enacted by an initiative measure, provides for the licensure and regulation of chiropractors in this state by the State Board of Chiropractic Examiners. Existing law requires that the powers and duties of the board, as provided, be subject to review by the appropriate policy committees of the Legislature as if that act were scheduled to be repealed on January 1, 2023. This bill would instead require that the powers and duties of the board, as provided, be subject to review by the appropriate policy committees of the Legislature as if that act were scheduled to be repealed on January 1, 2027. Existing law requires the board to annually compile a complete directory of all licensees within the state that contains, among other things, the names and addresses of licensees, and requires a licensee to report immediately any change in residence, as specified. This bill would require the directory to additionally include the telephone numbers and emails of licensees, and would require a licensee to report immediately any change in residence or contact information, as specified. Existing law requires the board to submit a report to the appropriate policy and fiscal committees of the Legislature that contains, but is not limited to, the status of the board's fee audit and an update on the board's plans for restructuring its license fees, among other things, by July 1, 2018. This bill would instead require the board to submit a report to the appropriate policy and fiscal committees of the Legislature that contains, but is not limited to, an update on the status of the board's license fee structure and whether the board needs to consider plans for restructuring its license fees by January 1, 2027. Existing law establishes a schedule of regulatory fees necessary to carry out the responsibilities required by the Chiropractic Initiative Act, including, among others, application and renewal fees for licensure, fees to apply for approval for a continuing education course, and satellite office certificate fees. Existing law authorizes the Legislature to fix the amounts of the fees payable by applicants and licensees, and directs the deposit of these fees into the State Board of Chiropractic Examiners' Fund, a continuously appropriated fund. This bill would change the amount of those fees, as provided. By increasing specified fees for deposit into a continuously appropriated fund, the bill would make an appropriation. Existing law requires the board to require a licensee to provide a separate disclosure to a patient, patient's guardian, or patient's health care surrogate that includes specified information on the licensee's probationary status, subject to certain exemptions. This bill would remove specified exemptions from the requirement on licensees to provide the above-described separate disclosure.
(1) Existing law, the Respiratory Care Practice Act, establishes the Respiratory Care Board of California for the licensure and regulation of respiratory therapy practitioners. Existing law makes a violation of that act a crime and repeals the act on January 1, 2023. This bill would extend the operation of the act to January 1, 2027. By extending the operation of the act, a violation of which would be a crime, the bill would impose a state-mandated local program. (2) Existing law requires the employer of a respiratory care practitioner to report to the board the suspension or termination for cause of any practitioner in their employ. Existing law defines suspension or termination for cause to mean suspension or termination from employment for specified reasons, including gross incompetence or negligence, falsification of medical records, and the use of controlled substances or alcohol to the extent that it impairs the ability to safely practice respiratory care. This bill would additionally require an employer of a respiratory care practitioner to report to the board the leave or resignation for cause of a practitioner whom they employ. The bill would define "leave, resignation, suspension, or termination for cause" for these purposes to include administrative leave, employee leave, resignation, suspension, or termination from employment for specified reasons that would additionally include suspected acts, such as suspected gross incompetence or negligence, suspected falsification of medical records, and the suspected use of controlled substances or alcohol to such an extent that it impairs the ability to safely practice respiratory care. The bill would also require an owner, director, partner, or manager of a registry or agency that places one or more practitioners at a facility to practice respiratory care to report those specified suspected or actual acts to the board under specified circumstances. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. The bill would also make conforming changes. (3) Existing law, the Respiratory Care Practice Act, prohibits a person from engaging in the practice of respiratory care unless the person is a licensed respiratory care practitioner, except for specified acts, including, among others, the performance of respiratory care services in case of an emergency, including an epidemic or public disaster. Under this bill, the temporary performance of respiratory care services as identified and authorized by the board in the event of an epidemic, pandemic, public disaster, or emergency would not violate the Respiratory Care Practice Act. (4) Existing law, the Vocational Nursing Practice Act, until January 1, 2025, establishes the Board of Vocational Nursing and Psychiatric Technicians of the State of California to license and regulate vocational nurses and psychiatric technicians. Existing law authorizes a licensed vocational nurse to withdraw blood, administer medications, and start and superimpose intravenous fluids, as described, when directed by a licensed physician and surgeon. This bill would provide that a licensed vocational nurse is authorized to perform respiratory tasks and services that do not require a respiratory assessment and only require manual, technical skills, or data collection, as identified by the Respiratory Care Board of California, if the licensed vocational nurse has received training and demonstrated competency satisfactory to their employer and when directed by a physician and surgeon. The bill would also provide that a licensed vocational nurse who is employed by a licensed home health agency who performs respiratory tasks or services identified by the Respiratory Care Board of California does not violate the Respiratory Care Practice Act if, before January 1, 2025, the licensed vocational nurse has completed patient-specific training satisfactory to their employer, and, on or after January 1, 2025, the licensed vocational nurse has completed patient-specific training by the employer pursuant to guidelines that the bill would require the Respiratory Care Board of California to promulgate in collaboration with the Board of Vocational Nursing and Psychiatric Technicians of the State of California. This bill would require the Board of Vocational Nursing and Psychiatric Technicians of the State of California to share all complaints and information related to investigations involving respiratory care services with the Respiratory Care Board of California, as specified. The bill would require the Respiratory Care Board of California to share all complaints and information related to investigations involving a person licensed under the Vocational Nursing Practice Act with the Board of Vocational Nursing and Psychiatric Technicians of the State of California, as specified. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requests the University of California to establish and administer the Umbilical Cord Blood Collection Program, until January 1, 2023, for the purpose of collecting units of umbilical cord blood for public use, as defined, in transplantation and providing nonclinical units for specified research. Existing law requires the University of California, by January 1, 2022, if it elects to administer the program, to provide a report to the Assembly and Senate Committees on Health that addresses specified information relating to the program, including the number of cord blood units collected and registered under the program, disaggregated by race and ethnicity. This bill would extend the provisions of the program until January 1, 2027. The bill would require the University of California, by January 1, 2026, if it elects to administer the program, to provide a report to the Assembly and Senate Committees on Health that addresses specified information relating to the program. Existing law requires any funds made available for purposes of the program to be deposited into the Umbilical Cord Blood Collection Program Fund. Under existing law, moneys in the fund are available, upon appropriation by the Legislature, for purposes of the program. Existing law, until January 1, 2023, requires the collection of an $18 fee for certified copies of birth certificates, except as specified. Under existing law, $2 of the fee is required to be paid to the fund. Existing law, to be operative January 1, 2023, reduces the fee for certified copies of birth certificates to $16 and eliminates the requirement that $2 of the fee be paid to the fund. This bill would extend both of those dates until January 1, 2027. By extending the collection of the $2 fee to be paid to the fund for 4 additional years, the bill would impose a tax.
(1) Existing law establishes the California Private Postsecondary Education Act of 2009, which provides for student protections and regulatory oversight of private postsecondary educational institutions, as defined, in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. Existing law, among other things, requires an out-of-state private postsecondary educational institution, as defined, to comply with specified requirements, including, among others, providing the bureau with certain information required for initial registration. This bill would exempt from this requirement a higher education institution that does not award degrees and that solely provides educational programs for total charges of $2,500 or less when no part of the total charges is paid from state or federal student financial aid programs, as specified. The bill would authorize the bureau to establish through regulation thresholds of California-based activity that constitute limited physical presence, with those institutions subject to registration requirements defined through regulation, as provided. (2) The act exempts specified private postsecondary educational institutions from all, or a portion of, its provisions, but requires those institutions that are subject to its provisions to apply for and obtain an approval to operate, as specified. Existing law defines "to operate" as establishing, keeping, or maintaining any facility or location in this state where, or from which, or through which, postsecondary educational programs are provided. Existing law requires prior authorization for certain changes to an approval to operate, including, among others, a change in ownership. This bill would also include in the definition of "to operate" enrolling California residents in postsecondary educational programs in an institution based outside of California via distance education. The bill would authorize the bureau to deny an application for an approval to operate institutions that would be owned by, have persons in control of, or employ institution managers that had knowledge of, should have known, or knowingly participated in any conduct that was the cause for revocation or unmitigated discipline at another institution. The bill would additionally require prior bureau authorization for a change of the person in control, as defined. The bill would authorize an institution that qualifies as a public institution of higher education, that is operated by another state, and that maintains a physical presence in this state to apply for an approval to operate from the bureau, as provided. (3) The act requires, except as provided, institutions covered by the act that offer a degree to receive accreditation by an accreditation agency recognized by the United States Department of Education or have an accreditation plan, approved by the bureau, for the institution to become fully accredited within 5 years of the bureau's issuance of a provisional approval to operate to the institution, as specified. For institutions that are approved by means of accreditation and accredited by an agency that loses recognition by the United States Department of Education, this bill would require an application for approval to operate an institution unaccredited to be submitted to the bureau within 6 months of the agency's loss of recognition, as provided. When an institution offering at least one degree program has ceased to be accredited by an accrediting agency recognized by the United States Department of Education, the bill would require the institution to notify the bureau immediately, and would require the institution's approval to operate degree programs to become provisional as of the date that the institution ceases to be accredited, as provided. The bill would require an institution with a provisional approval to operate degree programs to, among other things, submit an accreditation plan, to be approved by the bureau, for the institution to become fully accredited within 5 years of the date of its provisional approval to operate degree programs, as specified. (4) Existing law prohibits an institution that is subject to the act from, among other things, promising or guaranteeing employment, or otherwise overstating the availability of jobs upon graduation. This bill would additionally prohibit these institutions from, among other things, committing fraud against, or making a material untrue or misleading statement to, a student or prospective student under the institution's authority or the pretense or appearance of the institution's authority. The bill would prohibit a prospective, current, or former student or employee from signing a nondisclosure agreement pertaining to their relationship to, or experience with, the institution, but would authorize an institution to use a nondisclosure agreement to protect the institution's intellectual property and trade secrets. The bill would specify that a nondisclosure agreement that violates the prohibition is void and not enforceable. (5) If an institution offers an educational program in a profession, occupation, trade, or career field that requires licensure in this state, existing law requires the institution to have an educational program approval from the appropriate state licensing agency to conduct that educational program in order that a student who completes the educational program, except as provided, is eligible to sit for any required licensure examination. This bill would require an institution offering an educational program requiring approval from another licensing agency in this state that subsequently loses that approval to have their approval to operate the program automatically suspended by the bureau. The bill would require the institution to notify the bureau within 10 days of its loss of approval and to cease offering the program within 30 days of the loss of the approval, except as specified. (6) Under existing law, a note, instrument, or other evidence of indebtedness relating to payment for an educational program is not enforceable by an institution unless, at the time of execution of the note, instrument, or other evidence of indebtedness, the institution held an approval to operate. This bill instead would make a note, instrument, or other evidence of indebtedness relating to payment for an educational program void and not enforceable unless, at the time of execution of the note, instrument, or other evidence of indebtedness, the institution held an approval to operate or a valid out-of-state registration with the bureau, as provided. (7) Existing law requires an institution to notify the bureau in writing of its intention to close at least 30 days before closing and requires the notice to be accompanied by a closure plan, as specified. The bill would automatically terminate an institution's approval to operate on the date of closure or when the bureau verifies its exemption from the act. The bill would require the bureau to select a date of closure when an institution does not identify a date of closure. The bill would prohibit a terminated license from being reinstated. (8) The act requires the bureau to investigate and conduct site inspections of institutions, as provided. If the bureau finds after an investigation that an institution has violated the act or the bureau's regulations, existing law requires the bureau to issue a citation to the institution, and to take other actions, including providing the institution with the opportunity to remedy noncompliance or revoking the institution's approval to operate, as the bureau deems appropriate based on the severity of the institution's violations, and the harm caused to students. The act authorizes the bureau to include an order to compensate students for harm in a citation. This bill would instead authorize the bureau to include in a citation to an institution an order to compensate students for harm that resulted or may have resulted from an institution's violations. The bill would also require the bureau to take those other enforcement actions as the bureau deems appropriate based on the severity of the institution's violations, and the harm that results or may result to students from the institution's violations. Existing law requires bureau staff who, during an inspection of an institution, detect a violation of the act or regulations adopted pursuant to the act, that are a minor violation as determined by the bureau, to issue a notice to comply before leaving the institution. Existing law prohibits issuing a notice to comply for any minor violation that is corrected immediately in the presence of bureau staff. This bill instead would require bureau staff to issue the notice to comply at the conclusion of the inspection and would prohibit issuing a notice to comply for any minor violation that is corrected before the conclusion of the inspection. (9) Existing law requires the bureau to cite any person, and subjects that person to a fine of up to $100,000, for operating an institution without proper approval to operate issued by the bureau. This bill would specify that the maximum fine for unlicensed activity is separate and does not include fines for other violations or refunds ordered. (10) The act establishes the Student Tuition Recovery Fund, requires the bureau to adopt regulations governing the administration and maintenance of the fund, and continuously appropriates moneys in the fund to the bureau for specified purposes. Existing law repeals the act on January 1, 2023. This bill would extend the act until January 1, 2027. By extending the operation of a continuously appropriated fund, the bill would make an appropriation. (11) Under existing law, the act specifies conduct by regulated institutions that, if undertaken, is a crime. Because this bill would extend the application of those criminal provisions, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Licensed Midwifery Practice Act of 1993, provides for the licensure of midwives by the Medical Board of California. The act authorizes the board to suspend, revoke, or place on probation the license of a midwife for, among other things, unprofessional conduct, procuring a license by fraud or misrepresentation, or procuring, aiding, or abetting a criminal abortion. The act requires a complaint that is determined to involve the quality of care to meet a specified criteria before the complaint is referred to a field office for further investigation. In this regard, a complaint involving the quality of care must include the review of relevant client records, a statement or explanation of the care and treatment provided by the licensed midwife, any additional expert testimony or literature provided by the licensed midwife, and any additional facts or information requested by the medical expert reviewers. This bill, if the board does not receive the information required for a complaint involving the quality of care within 10 business days, would authorize the complaint to be reviewed by medical experts and referred to a field office for investigation without the information. The bill would also specify that these provisions do not impede the board's ability to seek and obtain an interim suspension order or other emergency relief.
Existing law, the Physical Therapy Practice Act, establishes the Physical Therapy Board of California within the Department of Consumer Affairs for the licensure, approval, and regulation of physical therapists and physical therapist assistants. Existing law, until January 1, 2023, requires the board to enforce and administer the act, and authorizes the board to appoint an executive officer. This bill would extend the board's authority to enforce and administer the act and to appoint an executive officer until January 1, 2027. Existing law authorizes physical therapists to treat persons within the scope of their practice, subject to certain conditions, including that treatment not extend beyond a specified period without approval from a certified physician and surgeon or podiatrist, acting within their scope of practice, following an in-person patient examination and evaluation of the patient's condition. Existing law requires physical therapists to provide notice to their patients, as specified, before providing physical therapy treatment services. This bill would authorize a physician and surgeon or podiatrist to conduct either an in-person or telehealth patient examination and evaluation of the patient's condition in connection with their approval of the physical therapist's plan of care. The bill would also make conforming changes to the required patient notice.