Amended in Assembly April 12, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2745

Introduced by Assembly Member Holden

February 19, 2016

An act to amend Sections 2088, begin insert 2221, end insert 2225, 2441, 2519, 2520, begin insert 2529, end insert 3576, and 3577 of, and to add Sections 2522, 2523, begin insert 2529.1, end insert begin insert 2529.6, end insert 3576.1, begin delete and 3576.2 end delete begin insert 3576.2, and 3576.3 end insert to, the Business and Professions Code, relating to healing arts, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 2745, as amended, Holden. Healing arts: licensing and certification.

(1) Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. Existing law authorizes an applicant for a physician’s and surgeon’s 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 renewal fee and signs an agreement agreeing to limit his or her practice in the manner prescribed by the reviewing physician and agreed to by the board. Existing law makes any person who knowingly provides false information in this agreement subject to any sanctions available to the board. Existing law authorizes the board to require the applicant to obtain an independent clinical evaluation of his or her ability to practice medicine safely as a condition of receiving the limited license. Violation of the act is a crime. Existing law establishes the Contingent Fund of the Medical Board of California, a continuously appropriated fund.

This bill would specify that a licensee who is otherwise eligible for a license but is unable to practice some aspects of medicine safely due to a disability is authorized to receive the limited license if the above-described conditions are met. By adding fees for deposit into the Contingent Fund of the Medical Board of California, this bill would make an appropriation.

begin insert

This bill would also authorize the board to deny a postgraduate training authorization to an applicant who is guilty of unprofessional conduct or of any cause for revocation or suspension of a license.

end insert

(2) Existing law authorizes a licensee who demonstrates that he or she is unable to practice medicine due to a disability to request a waiver of the license renewal fee. Under existing law, a licensee granted that waiver is prohibited from practicing medicine until he or she establishes that the disability no longer exists or signs an agreement, under penalty of perjury, agreeing to limit his or her practice in the manner prescribed by the reviewing physician.

This bill would require the board to agree to this limit, would authorize the board to require an independent clinical evaluation, and would subject a person who knowingly provides false information in the agreement to sanctions. By expanding the scope of a crime, this bill would impose a state-mandated local program.

(3) Existing law authorizes the board, in any investigation that involves the death of a patient, to inspect and copy the medical records of the deceased patient without the authorization of the beneficiary or personal representative of the deceased patient or a court order solely to determine the extent to which the death was the result of the physician and surgeon’s violation of the Medical Practice Act, if the board provides a written request to the physician and surgeon that includes a declaration that the board has been unsuccessful in locating or contacting the deceased patient’s beneficiary or personal representative after reasonable efforts.

This bill would authorize the board to provide the written request to the facility where the medical records are located or the care to the deceased patient was provided.

(4) Existing law, the Licensed Midwifery Practice Act of 1993, provides for the licensing and regulation of midwives by the Board of Licensing of the Medical Board of California. Under the act, the board is authorized to suspend or revoke the license of a midwife for specified conduct, including unprofessional conduct consisting of, among other things, incompetence or gross negligence in carrying out the usual functions of a licensed midwife. A violation of the act is a crime.

This bill would authorize the board to place a license on probation and establish a fee for monitoring a licensee on probation. The bill would also authorize a person whose license has been voluntarily surrendered while under investigation or while charges are pending or whose license has been suspended, revoked, or placed on probation to petition the board for reinstatement or modification of penalty, as specified. The bill would require the revocation of a license for a person required to register as a sex offender, except as specified.

begin insert

(5) Existing law relating to research psychoanalysts authorizes certain students and graduates in psychoanalysis to engage in psychoanalysis under prescribed circumstances if they register with the Medical Board of California and present evidence of their student or graduate status. Existing law authorizes that board to suspend or revoke the exemption of those persons from licensure for unprofessional conduct, as specified.

end insert begin insert

The bill would include within the definition of unprofessional conduct, among other things, the use of any controlled substance, or the use of any dangerous drugs, as specified, or of alcoholic beverages, as specified. The bill would also require the revocation of a registration for a person required to register as a sex offender, except as specified.

end insert begin delete

(5)

end delete

begin insert (6) end insert  Existing law prohibits a person from using the title “certified polysomnographic technologist” or engaging in the practice of polysomnography unless he or she is registered as a certified polysomnographic technologist, is supervised and directed by a licensed physician and surgeon, and meets certain other requirements. Existing law requires polysomnographic technologists to apply to and register with the Medical Board of California and to pay specified fees to be fixed by the board at no more than $100 each, and to renew their registration biennially for a fee of no more than $150. Existing law requires the deposit of those fees in the Contingent Fund of the Medical Board of California. Existing law authorizes a registration to be suspended, revoked, or otherwise subject to discipline for specified conduct.

This bill would also authorize a registration to be placed on probation if a registrant engages in that conduct and would establish a fee for monitoring a registrant on probation. By increasing fees for deposit into the Contingent Fund, this bill would make an appropriation. The bill would authorize a person whose registration has been voluntarily surrendered while under investigation or while charges are pending or whose registration has been suspended, revoked, or placed on probation to petition the board for reinstatement or modification of penalty, as specified. The bill would require the revocation of a registration for a person required to register as a sex offender, except as specified. begin insert The bill would authorize the suspension or revocation of a registration for unprofessional conduct, as defined. end insert

begin delete

(6)

end delete

begin insert (7) end insert  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.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 2088 of the Business and Professions
Code is amended to read:

2088.  

(a) An applicant for a physician’s and surgeon’s license
or a physician’s and surgeon’s licensee who is otherwise eligible
for that license but is unable to practice some aspects of medicine
safely due to a disability may receive a limited license if he or she
does both of the following:

(1) Pays the appropriate initial or renewal license fee.

(2) Signs an agreement on a form prescribed by the board in
which the applicant or licensee agrees to limit his or her practice
in the manner prescribed by the reviewing physician and agreed
to by the board.

(b) The board may require the applicant or licensee described
in subdivision (a) to obtain an independent clinical evaluation of
his or her ability to practice medicine safely as a condition of
receiving a limited license under this section.

(c) Any person who knowingly provides false information in
the agreement submitted pursuant to subdivision (a) shall be subject
to any sanctions available to the board.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 2221 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

2221.  

(a) The board may deny a physician’s and surgeon’s
certificate begin insert or postgraduate training authorization letter end insert to an
applicant guilty of unprofessional conduct or of any cause that
would subject a licensee to revocation or suspension of his or her
begin delete license; or, the end delete begin insert license. The end insert board in its sole discretion, may issue
a probationary physician’s and surgeon’s certificate to an applicant
subject to terms and conditions, including, but not limited to, any
of the following conditions of probation:

(1) Practice limited to a supervised, structured environment
where the licensee’s activities shall be supervised by another
physician and surgeon.

(2) Total or partial restrictions on drug prescribing privileges
for controlled substances.

(3) Continuing medical or psychiatric treatment.

(4) Ongoing participation in a specified rehabilitation program.

(5) Enrollment and successful completion of a clinical training
program.

(6) Abstention from the use of alcohol or drugs.

(7) Restrictions against engaging in certain types of medical
practice.

(8) Compliance with all provisions of this chapter.

(9) Payment of the cost of probation monitoring.

(b) The board may modify or terminate the terms and conditions
imposed on the probationary certificate upon receipt of a petition
from the licensee. The board may assign the petition to an
administrative law judge designated in Section 11371 of the
Government Code. After a hearing on the petition, the
administrative law judge shall provide a proposed decision to the
board.

(c) The board shall deny a physician’s and surgeon’s certificate
to an applicant who is required to register pursuant to Section 290
of the Penal Code. This subdivision does not apply to an applicant
who is required to register as a sex offender pursuant to Section
290 of the Penal Code solely because of a misdemeanor conviction
under Section 314 of the Penal Code.

(d) An applicant shall not be eligible to reapply for a physician’s
and surgeon’s certificate for a minimum of three years from the
effective date of the denial of his or her application, except that
the board may, in its discretion and for good cause demonstrated,
permit reapplication after not less than one year has elapsed from
the effective date of the denial.

begin delete SEC. 2. end delete

begin insert SEC. 3. end insert   

Section 2225 of the Business and Professions Code is
amended to read:

2225.  

(a) Notwithstanding Section 2263 and any other law
making a communication between a physician and surgeon or a
doctor of podiatric medicine and his or her patients a privileged
communication, those provisions shall not apply to investigations
or proceedings conducted under this chapter. Members of the
board, the Senior Assistant Attorney General of the Health Quality
Enforcement Section, members of the California Board of Podiatric
Medicine, and deputies, employees, agents, and representatives of
the board or the California Board of Podiatric Medicine and the
Senior Assistant Attorney General of the Health Quality
Enforcement Section shall keep in confidence during the course
of investigations, the names of any patients whose records are
reviewed and shall not disclose or reveal those names, except as
is necessary during the course of an investigation, unless and until
proceedings are instituted. The authority of the board or the
California Board of Podiatric Medicine and the Health Quality
Enforcement Section to examine records of patients in the office
of a physician and surgeon or a doctor of podiatric medicine is
limited to records of patients who have complained to the board
or the California Board of Podiatric Medicine about that licensee.

(b) Notwithstanding any other law, the Attorney General and
his or her investigative agents, and investigators and representatives
of the board or the California Board of Podiatric Medicine, may
inquire into any alleged violation of the Medical Practice Act or
any other federal or state law, regulation, or rule relevant to the
practice of medicine or podiatric medicine, whichever is applicable,
and may inspect documents relevant to those investigations in
accordance with the following procedures:

(1) Any document relevant to an investigation may be inspected,
and copies may be obtained, where patient consent is given.

(2) Any document relevant to the business operations of a
licensee, and not involving medical records attributable to
identifiable patients, may be inspected and copied if relevant to
an investigation of a licensee.

(c) (1) Notwithstanding subdivision (b) or any other law, in
any investigation that involves the death of a patient, the board
may inspect and copy the medical records of the deceased patient
without the authorization of the beneficiary or personal
representative of the deceased patient or a court order solely for
the purpose of determining the extent to which the death was the
result of the physician and surgeon’s conduct in violation of the
Medical Practice Act, if the board provides a written request to
either the physician and surgeon or the facility where the medical
records are located or the care to the deceased patient was provided,
that includes a declaration that the board has been unsuccessful in
locating or contacting the deceased patient’s beneficiary or personal
representative after reasonable efforts. Nothing in this subdivision
shall be construed to allow the board to inspect and copy the
medical records of a deceased patient without a court order when
the beneficiary or personal representative of the deceased patient
has been located and contacted but has refused to consent to the
board inspecting and copying the medical records of the deceased
patient.

(2) The Legislature finds and declares that the authority created
in the board pursuant to this section, and a physician and surgeon’s
compliance with this section, are consistent with the public interest
and benefit activities of the federal Health Insurance Portability
and Accountability Act (HIPAA).

(d) In all cases in which documents are inspected or copies of
those documents are received, their acquisition or review shall be
arranged so as not to unnecessarily disrupt the medical and business
operations of the licensee or of the facility where the records are
kept or used.

(e) If documents are lawfully requested from licensees in
accordance with this section by the Attorney General or his or her
agents or deputies, or investigators of the board or the California
Board of Podiatric Medicine, the documents shall be provided
within 15 business days of receipt of the request, unless the licensee
is unable to provide the documents within this time period for good
cause, including, but not limited to, physical inability to access
the records in the time allowed due to illness or travel. Failure to
produce requested documents or copies thereof, after being
informed of the required deadline, shall constitute unprofessional
conduct. The board may use its authority to cite and fine a
physician and surgeon for any violation of this section. This remedy
is in addition to any other authority of the board to sanction a
licensee for a delay in producing requested records.

(f) Searches conducted of the office or medical facility of any
licensee shall not interfere with the recordkeeping format or
preservation needs of any licensee necessary for the lawful care
of patients.

begin delete SEC. 3. end delete

begin insert SEC. 4. end insert   

Section 2441 of the Business and Professions Code is
amended to read:

2441.  

(a) Any licensee who demonstrates to the satisfaction
of the board that he or she is unable to practice medicine due to a
disability may request a waiver of the license renewal fee. The
granting of a waiver shall be at the discretion of the board and may
be terminated at any time. Waivers shall be based on the inability
of a licensee to practice medicine. A licensee whose renewal fee
has been waived pursuant to this section shall not engage in the
practice of medicine unless and until the licensee pays the current
renewal fee and does either of the following:

(1) Establishes to the satisfaction of the board, on a form
prescribed by the board and signed under penalty of perjury, that
the licensee’s disability either no longer exists or does not affect
his or her ability to practice medicine safely.

(2) Signs an agreement on a form prescribed by the board, signed
under penalty of perjury, in which the licensee agrees to limit his
or her practice in the manner prescribed by the reviewing physician
and agreed to by the board.

(b) The board may require the licensee described in paragraph
(2) of subdivision (a) to obtain an independent clinical evaluation
of his or her ability to practice medicine safely as a condition of
receiving a disability license under this section.

(c) Any person who knowingly provides false information in
the agreement submitted pursuant to paragraph (2) of subdivision
(a) shall be subject to any sanctions available to the board.

begin delete SEC. 4. end delete

begin insert SEC. 5. end insert   

Section 2519 of the Business and Professions Code is
amended to read:

2519.  

The board may suspend, revoke, or place on probation
the license of a midwife for any of the following:

(a) Unprofessional conduct, which includes, but is not limited
to, all of the following:

(1) Incompetence or gross negligence in carrying out the usual
functions of a licensed midwife.

(2) Conviction of a violation of Section 2052, in which event,
the record of the conviction shall be conclusive evidence thereof.

(3) The use of advertising that is fraudulent or misleading.

(4) Obtaining or possessing in violation of law, or prescribing,
or except as directed by a licensed physician and surgeon, dentist,
or podiatrist administering to himself or herself, or furnishing or
administering to another, any controlled substance as defined in
Division 10 (commencing with Section 11000) of the Health and
Safety Code or any dangerous drug as defined in Article 8
(commencing with Section 4210) of Chapter 9 of Division 2 of
the Business and Professions Code.

(5) The use of any controlled substance as defined in Division
10 (commencing with Section 11000) of the Health and Safety
Code, or any dangerous drug as defined in Article 8 (commencing
with Section 4210) of Chapter 9 of Division 2 of the Business and
Professions Code, or alcoholic beverages, to an extent or in a
manner dangerous or injurious to himself or herself, any other
person, or the public or to the extent that this use impairs his or
her ability to conduct with safety to the public the practice
authorized by his or her license.

(6) Conviction of a criminal offense involving the prescription,
consumption, or self-administration of any of the substances
described in paragraphs (4) and (5), or the possession of, or
falsification of, a record pertaining to, the substances described in
paragraph (4), in which event the record of the conviction is
conclusive evidence thereof.

(7) Commitment or confinement by a court of competent
jurisdiction for intemperate use of or addiction to the use of any
of the substances described in paragraphs (4) and (5), in which
event the court order of commitment or confinement is prima facie
evidence of such commitment or confinement.

(8) Falsifying, or making grossly incorrect, grossly inconsistent,
or unintelligible entries in any hospital, patient, or other record
pertaining to the substances described in subdivision (a).

(b) Procuring a license by fraud or misrepresentation.

(c) Conviction of a crime substantially related to the
qualifications, functions, and duties of a midwife, as determined
by the board.

(d) Procuring, aiding, abetting, attempting, agreeing to procure,
offering to procure, or assisting at, a criminal abortion.

(e) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate
any provision or term of this chapter.

(f) Making or giving any false statement or information in
connection with the application for issuance of a license.

(g) Impersonating any applicant or acting as proxy for an
applicant in any examination required under this chapter for the
issuance of a license or a certificate.

(h) Impersonating another licensed practitioner, or permitting
or allowing another person to use his or her license or certificate
for the purpose of providing midwifery services.

(i) Aiding or assisting, or agreeing to aid or assist any person
or persons, whether a licensed physician or not, in the performance
of or arranging for a violation of any of the provisions of Article
12 (commencing with Section 2221) of Chapter 5.

(j)  Failing to do any of the following when required pursuant
to Section 2507:

(1)  Consult with a physician and surgeon.

(2)  Refer a client to a physician and surgeon.

(3)  Transfer a client to a hospital.

begin delete SEC. 5. end delete

begin insert SEC. 6. end insert   

Section 2520 of the Business and Professions Code is
amended to read:

2520.  

(a) (1) The fee to be paid upon the filing of a license
application shall be fixed by the board at not less than seventy-five
dollars ($75) nor more than three hundred dollars ($300).

(2) The fee for renewal of the midwife license shall be fixed by
the board at not less than fifty dollars ($50) nor more than two
hundred dollars ($200).

(3) The delinquency fee for renewal of the midwife license shall
be 50 percent of the renewal fee in effect on the date of the renewal
of the license, but not less than twenty-five dollars ($25) nor more
than fifty dollars ($50).

(4) The fee for the examination shall be the cost of administering
the examination to the applicant, as determined by the organization
that has entered into a contract with the board for the purposes set
forth in subdivision (a) of Section 2512.5. Notwithstanding
subdivision (c), that fee may be collected and retained by that
organization.

(b) The fee for monitoring a licensee on probation shall be the
cost of monitoring, as fixed by the board.

(c) The fees prescribed by this article shall be deposited in the
Licensed Midwifery Fund, which is hereby established, and shall
be available, upon appropriation, to the board for the purposes of
this article.

begin delete SEC. 6. end delete

begin insert SEC. 7. end insert   

Section 2522 is added to the Business and Professions
Code, to read:

2522.  

(a) A person whose license has been voluntarily
surrendered while under investigation or while charges are pending
or whose license has been revoked or suspended or placed on
probation, may petition the board for reinstatement or modification
of penalty, including modification or termination of probation.

(b) The person may file the petition after a period of not less
than the following minimum periods have elapsed from the
effective date of the surrender of the license or the decision
ordering that disciplinary action:

(1) At least three years for reinstatement of a license surrendered
or revoked for unprofessional conduct, except that the board may,
for good cause shown, specify in a revocation order that a petition
for reinstatement may be filed after two years.

(2) At least two years for early termination of probation of three
years or more.

(3) At least one year for modification of a condition, or
reinstatement of a license surrendered or revoked for mental or
physical illness, or termination of probation of less than three years.

(c) The petition shall state any facts as may be required by the
board. The petition shall be accompanied by at least two verified
recommendations from midwives licensed in any state who have
personal knowledge of the activities of the petitioner since the
disciplinary penalty was imposed.

(d) The petition may be heard by a panel of the board. The board
may assign the petition to an administrative law judge designated
in Section 11371 of the Government Code. After a hearing on the
petition, the administrative law judge shall provide a proposed
decision to the board, which shall be acted upon in accordance
with Section 2335.

(e) The panel of the board or the administrative law judge
hearing the petition may consider all activities of the petitioner
since the disciplinary action was taken, the offense for which the
petitioner was disciplined, the petitioner’s activities during the
time the license was in good standing, and the petitioner’s
rehabilitative efforts, general reputation for truth, and professional
ability. The hearing may be continued from time to time as the
administrative law judge designated in Section 11371 of the
Government Code finds necessary.

(f) The administrative law judge designated in Section 11371
of the Government Code reinstating a license or modifying a
penalty may recommend the imposition of any terms and conditions
deemed necessary.

(g) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during
which the petitioner is on court-imposed probation or parole. No
petition shall be considered while there is an accusation or petition
to revoke probation pending against the person. The board may
deny without a hearing or argument any petition filed pursuant to
this section within a period of two years from the effective date
of the prior decision following a hearing under this section.

begin delete SEC. 7. end delete

begin insert SEC. 8. end insert   

Section 2523 is added to the Business and Professions
Code, to read:

2523.  

(a) Except as provided in subdivisions (b) and (c), the
board shall revoke the license of any person who has been required
to register as a sex offender pursuant to Section 290 of the Penal

begin delete Code. end delete begin insert Code for conduct that occurred on or after January 1, 2017. end insert

(b) This section shall not apply to a person who is required to
register as a sex offender pursuant to Section 290 of the Penal
Code solely because of a misdemeanor conviction under Section
314 of the Penal Code.

(c) This section shall not apply to a person who has been relieved
under Section 290.5 of the Penal Code of his or her duty to register
as a sex offender, or whose duty to register has otherwise been
formally terminated under California law.

begin insert

(d) A proceeding to revoke a license pursuant to this section
shall be conducted in accordance with chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 2529 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

2529.  

(a) Graduates of the Southern California Psychoanalytic
Institute, the Los Angeles Psychoanalytic Society and Institute,
the San Francisco Psychoanalytic Institute, the San Diego
Psychoanalytic Center, or institutes deemed equivalent by the
Medical Board of California who have completed clinical training
in psychoanalysis may engage in psychoanalysis as an adjunct to
teaching, training, or research and hold themselves out to the public
as psychoanalysts, and students in those institutes may engage in
psychoanalysis under supervision, if the students and graduates
do not hold themselves out to the public by any title or description
of services incorporating the words “psychological,”
“psychologist,” “psychology,” “psychometrists,” “psychometrics,”
or “psychometry,” or that they do not state or imply that they are
licensed to practice psychology.

(b) Those students and graduates seeking to engage in
psychoanalysis under this chapter shall register with the Medical
Board of California, presenting evidence of their student or
graduate status. The board may suspend or revoke the exemption
of those persons for unprofessional conduct as defined in Sections
726, 2234, begin delete and 2235. end delete begin insert 2235, and 2529.1 end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 2529.1 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 2529.1. end insert   

(a) The use of any controlled substance or the use of
any of the dangerous drugs specified in Section 4022, or of
alcoholic beverages, to the extent, or in such a manner as to be
dangerous or injurious to the registrant, or to any other person
or to the public, or to the extent that this use impairs the ability of
the registrant to practice safely or more than one misdemeanor
or any felony conviction involving the use, consumption, or
self-administration of any of the substances referred to in this
section, or any combination thereof, constitutes unprofessional
conduct. The record of the conviction is conclusive evidence of
this unprofessional conduct.

(b) A plea or verdict of guilty or a conviction following a plea
of nolo contendere is deemed to be a conviction within the meaning
of this section. The board may order discipline of the registrant
in accordance with Section 2227 or may order the denial of the
registration when the time for appeal has elapsed or the judgment
of conviction has been affirmed on appeal or when an order
granting probation is made suspending imposition of sentence,
irrespective of a subsequent order under the provisions of Section
1203.4 of the Penal Code allowing this person to withdraw his or
her plea of guilty and to enter a plea of not guilty, or setting aside
the verdict of guilty, or dismissing the accusation, complaint,
information, or indictment.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 2529.6 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 2529.6. end insert   

(a) Except as provided in subdivisions (b) and (c), the
board shall revoke the registration of any person who has been
required to register as a sex offender pursuant to Section 290 of
the Penal Code for conduct that occurred on or after January 1,
2017.

(b) This section shall not apply to a person who is required to
register as a sex offender pursuant to Section 290 of the Penal
Code solely because of a misdemeanor conviction under Section
314 of the Penal Code.

(c) This section shall not apply to a person who has been
relieved under Section 290.5 of the Penal Code of his or her duty
to register as a sex offender, or whose duty to register has
otherwise been formally terminated under California law.

(d) A proceeding to revoke a registration pursuant to this section
shall be conducted in accordance with chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.

end insert

begin delete SEC. 8. end delete

begin insert SEC. 12. end insert   

Section 3576 of the Business and Professions Code
is amended to read:

3576.  

(a) A registration under this chapter may be denied,
suspended, revoked, placed on probation, or otherwise subjected
to discipline for any of the following by the holder:

(1) Incompetence, gross negligence, or repeated similar
negligent acts performed by the registrant.

(2) An act of dishonesty or fraud.

(3) Committing any act or being convicted of a crime
constituting grounds for denial of licensure or registration under
Section 480.

(4) Violating or attempting to violate this chapter or any
regulation adopted under this chapter.

(b) Proceedings under this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code, and the
board shall have all powers granted therein.

begin delete SEC. 9. end delete

begin insert SEC. 13. end insert   

Section 3576.1 is added to the Business and
Professions Code, to read:

3576.1.  

(a) A person whose registration has been voluntarily
surrendered while under investigation or while charges are pending
or whose registration has been revoked or suspended or placed on
probation, may petition the board for reinstatement or modification
of penalty, including modification or termination of probation.

(b) The person may file the petition after a period of not less
than the following minimum periods have elapsed from the
effective date of the surrender of the registration or the decision
ordering that disciplinary action:

(1) At least three years for reinstatement of a registration
surrendered or revoked for unprofessional conduct, except that the
board may, for good cause shown, specify in a revocation order
that a petition for reinstatement may be filed after two years.

(2) At least two years for early termination of probation of three
years or more.

(3) At least one year for modification of a condition, or
reinstatement of a registration surrendered or revoked for mental
or physical illness, or termination of probation of less than three
years.

(c) The petition shall state any facts as may be required by the
board. The petition shall be accompanied by at least two verified
recommendations from polysomnographic technologists registered
in any state who have personal knowledge of the activities of the
petitioner since the disciplinary penalty was imposed.

(d) The petition may be heard by a panel of the board. The board
may assign the petition to an administrative law judge designated
in Section 11371 of the Government Code. After a hearing on the
petition, the administrative law judge shall provide a proposed
decision to the board, which shall be acted upon in accordance
with Section 2335.

(e) The panel of the board or the administrative law judge
hearing the petition may consider all activities of the petitioner
since the disciplinary action was taken, the offense for which the
petitioner was disciplined, the petitioner’s activities during the
time the registration was in good standing, and the petitioner’s
rehabilitative efforts, general reputation for truth, and professional
ability. The hearing may be continued from time to time as the
administrative law judge designated in Section 11371 of the
Government Code finds necessary.

(f) The administrative law judge designated in Section 11371
of the Government Code reinstating a registration or modifying a
penalty may recommend the imposition of any terms and conditions
deemed necessary.

(g) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during
which the petitioner is on court-imposed probation or parole. No
petition shall be considered while there is an accusation or petition
to revoke probation pending against the person. The board may
deny without a hearing or argument any petition filed pursuant to
this section within a period of two years from the effective date
of the prior decision following a hearing under this section.

begin delete SEC. 10. end delete

begin insert SEC. 14. end insert   

Section 3576.2 is added to the Business and
Professions Code, to read:

3576.2.  

(a) Except as provided in subdivisions (b) and (c), the
board shall revoke the registration of any person who has been
required to register as a sex offender pursuant to Section 290 of
the Penal begin delete Code. end delete begin insert for conduct that occurred on or after January 1,
2017. end insert

(b) This section shall not apply to a person who is required to
register as a sex offender pursuant to Section 290 of the Penal
Code solely because of a misdemeanor conviction under Section
314 of the Penal Code.

(c) This section shall not apply to a person who has been relieved
under Section 290.5 of the Penal Code of his or her duty to register
as a sex offender, or whose duty to register has otherwise been
formally terminated under California law.

begin insert

(d) A proceeding to revoke a registration pursuant to this section
shall be conducted in accordance with chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.

end insert

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 3576.3 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 3576.3. end insert   

(a) The board may suspend or revoke the registration
of a polysomnographic technologist, polysomnographic technician,
or polysomnographic trainee for unprofessional conduct as
described in this section.

(b) The use of any controlled substance or the use of any of the
dangerous drugs specified in Section 4022, or of alcoholic
beverages, to the extent, or in such a manner as to be dangerous
or injurious to the registrant, or to any other person or to the
public, or to the extent that this use impairs the ability of the
registrant to practice safely or more than one misdemeanor or any
felony conviction involving the use, consumption, or
self-administration of any of the substances referred to in this
section, or any combination thereof, constitutes unprofessional
conduct. The record of the conviction is conclusive evidence of
this unprofessional conduct.

(c) A plea or verdict of guilty or a conviction following a plea
of nolo contendere is deemed to be a conviction within the meaning
of this section. The board may order discipline of the registrant
in accordance with Section 2227 or may order the denial of the
registration when the time for appeal has elapsed or the judgment
of conviction has been affirmed on appeal or when an order
granting probation is made suspending imposition of sentence,
irrespective of a subsequent order under the provisions of Section
1203.4 of the Penal Code allowing this person to withdraw his or
her plea of guilty and to enter a plea of not guilty, or setting aside
the verdict of guilty, or dismissing the accusation, complaint,
information, or indictment.

end insert

begin delete SEC. 11. end delete

begin insert SEC. 16. end insert   

Section 3577 of the Business and Professions Code
is amended to read:

3577.  

(a) Each person who applies for registration under this
chapter shall pay into the Contingent Fund of the Medical Board
of California a fee to be fixed by the board at a sum not in excess
of one hundred dollars ($100).

(b) Each person to whom registration is granted under this
chapter shall pay into the Contingent Fund of the Medical Board
of California a fee to be fixed by the board at a sum not in excess
of one hundred dollars ($100).

(c) The registration shall expire after two years. The registration
may be renewed biennially at a fee which shall be paid into the
Contingent Fund of the Medical Board of California to be fixed
by the board at a sum not in excess of one hundred fifty dollars
($150).

(d) The fee for monitoring a licensee on probation shall be the
cost of monitoring, as fixed by the board.

(e) The money in the Contingent Fund of the Medical Board of
California that is collected pursuant to this section shall be used
for the administration of this chapter.

begin delete SEC. 12. end delete

begin insert SEC. 17. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.