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An
act to amend Sections 144, 473, 2307, 3740, 4980.34, 4980.40, 4980.41,
4980.50, 4980.54, 4980.80, 4984.4, 4996.1, 4996.6, 4996.17, 5801, 5810,
7069, 7607, 7631, 7632, 7649, 7706, 7725, 7887, 9653, 9719, 9768, 9788,
and 22251 of, to add Sections 2029, 2488, and 9781.5 to, and to repeal
and add Section 5811 of, the Business and Professions Code, and to amend
Sections 7053 and 8277 of the Health and Safety Code, relating to
professions and vocations, and making an appropriation therefor.
[Approved
by Governor October 12, 2003. Filed with Secretary of State October 12,
2003.]
LEGISLATIVE COUNSEL’S DIGEST
SB
363, Figueroa. Department of Consumer Affairs regulation.
(1)
Existing law requires specified regulatory boards within the Department
of Consumer Affairs to obtain fingerprints from a licensing applicant to
conduct a criminal history check.
This
bill would extend this requirement to the Bureau of Naturopathic
Medicine and, effective July 1, 2004, to the Contractor’s State
License Board and the Structural Pest Control Board.
(2)
Existing law establishes the Joint Legislative Sunset Review Committee
and authorizes the committee to act until January 1, 2004.
This
bill would extend the committee’s authority to January 1, 2012.
(3)
Existing law, the Medical Practice Act, creates the Medical Board of
California and makes it responsible, through its Division of Medical
Quality, for disciplining a physician and surgeon for acts of
unprofessional conduct. Under the act, a physician and surgeon whose
certificate is revoked, suspended, or placed on probation for
unprofessional conduct may petition for reinstatement or modification
after a specified time period. The act also creates within the board’s
jurisdiction, the California Board of Podiatric Medicine. Under existing
law, upon the recommendation of that board, the Division of Licensing of
the Medical Board of California is required to issue a certificate to
practice podiatric medicine to an applicant who meets specified
criteria.
This
bill would require the Medical Board of California to maintain for 10
years a complaint regarding poor care rendered by a physician and
surgeon. The bill would authorize a person who surrendered his or her
physician’s and surgeon’s certificate while under investigation or
while charges were pending to petition for its reinstatement. The bill
would also require the Division of Licensing of the Medical Board of
California to issue upon the recommendation of the Board of Podiatric
Medicine, a certificate to practice podiatric medicine to a person
licensed by another state who meets specified criteria.
(4)
Existing law, the Respiratory Care Practice Act, creates the Respiratory
Care Board of California and makes it responsible for enforcing and
administering the act’s requirements. The act specifies licensing
requirements for its licensees.
This
bill would revise certain of those specified licensing requirements.
(5)
Existing law creates the Board of Behavioral Services and makes it
responsible for licensing and regulating the practices of marriage and
family therapy and social work.
This
bill would revise the licensing examination requirements for these
practices.
(6)
Existing law defines certified interior designers and interior design
organizations, and permits a certified interior designer to obtain and
use a stamp identifying the designer. All documents submitted to a
government regulatory agency by a certified interior designer must be
affixed by the stamp. The provisions governing certified interior
designers will be repealed on January 1, 2004.
This
bill would extend the repeal date of these provisions to January 1,
2006. The bill would additionally revise the obligations of an interior
design organization issuing the stamps.
(7)
Existing law, the Contractors’ State License Law, creates the
Contractors’ State License Board that is responsible for issuing a
contractor’s license to qualified applicants. Under the law, an
applicant is required beginning on January 1, 2004, to submit a set of
fingerprints to the board for purposes of conducting a criminal history
record check.
This
bill would delay the effective date of this requirement to July 1, 2004.
(8)
Existing law, the Funeral Directors and Embalmers Law, makes the
Cemetery and Funeral Bureau responsible for licensing and regulating the
practice of a funeral director. The law makes a violation of its
provisions a crime.
This
bill would extend the bureau’s inspection authority to include
premises where human remains are stored and would also revise specified
licensing provisions. The bill would expand certain regulatory
provisions under the act. Because the violation of these requirements
would be a crime, the bill would impose a state-mandated local program.
(9)
Existing law, the Geologist and Geophysicist Act, creates the Board for
Geologists and Geophysicists and makes it responsible for licensing and
regulating the practices of geology and geophysics. Under the act, the
board is required to fix licensure fees at designated amounts.
The
act requires that these fees be deposited into the Geology and
Geophysics Fund, which is continuously appropriated.
This
bill would increase the amount fixed by the board for the renewal of
specified licenses under the act. Because the bill would increase the
amount of fee revenue deposited in a continuously appropriated fund, it
would make an appropriation.
(10)
Existing law imposes specified requirements on a tax preparer and
defines terms for those purposes. Under existing law the term
‘‘council’’ is defined as the California Tax Education Council,
and the definition describes certain characteristics of the entities
that compose the council.
This
bill would revise the description of certain characteristics of the
entities that compose the council.
(11)
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.
Appropriation:
yes.
The
people of the State of California do enact as follows:
SECTION
1. Section 144 of the Business and Professions Code is amended to read:
144.
(a) Notwithstanding any other provision of law, an agency designated in
subdivision (b) shall require an applicant to furnish to the agency a
full set of fingerprints for purposes of conducting criminal history
record checks. Any agency designated in subdivision (b) may obtain and
receive, at its discretion, criminal history information from the
Department of Justice and the United States Federal Bureau of
Investigation.
(b)
Subdivision (a) applies to the following :
(1)
California Board of Accountancy.
(2)
State Athletic Commission.
(3)
Board of Behavioral Sciences.
(4)
Court Reporters Board of California.
(5)
State Board of Guide Dogs for the Blind.
(6)
California State Board of Pharmacy.
(7)
Board of Registered Nursing.
(8)
Veterinary Medical Board.
(9)
Registered Veterinary Technician Committee.
(10)
Board of Vocational Nursing and Psychiatric Technicians.
(11)
Respiratory Care Board of California.
(12)
Hearing Aid Dispensers Advisory Commission.
(13)
Physical Therapy Board of California.
(14)
Physician Assistant Committee of the Medical Board of California.
(15)
Speech-Language Pathology and Audiology Board.
(16)
Medical Board of California.
(17)
State Board of Optometry.
(18)
Acupuncture Board.
(19)
Cemetery and Funeral Bureau.
(20)
Bureau of Security and Investigative Services.
(21)
Division of Investigation.
(22)
Board of Psychology.
(23)
The California Board of Occupational Therapy.
(24)
Structural Pest Control Board.
(25)
Contractors’ State License Board.
(26)
Bureau of Naturopathic Medicine.
(c)
The provisions of paragraphs (24) and (25) of subdivision (b) shall
become operative on July 1, 2004.
SEC.
2. Section 473 of the Business and Professions Code is amended to read:
473.
(a) There is hereby established the Joint Legislative Sunset Review
Committee.
(b)
The Joint Legislative Sunset Review Committee shall consist of three
members appointed by the Senate Committee on Rules and three members
appointed by the Speaker of the Assembly. No more than two of the three
members appointed from either the Senate or the Assembly shall be from
the same party. The Joint Rules Committee shall appoint the chairperson
of the committee.
(c)
The Joint Legislative Sunset Review Committee shall have and exercise
all of the rights, duties, and powers conferred upon investigating
committees and their members by the Joint Rules of the Senate and
Assembly as they are adopted and amended from time to time, which
provisions are incorporated herein and made applicable to this committee
and its members.
(d)
The Speaker of the Assembly and the Senate Committee on Rules may
designate staff for the Joint Legislative Sunset Review Committee.
(e)
The Joint Legislative Sunset Review Committee is authorized to act until
January 1, 2012, at which time the committee’s existence shall
terminate.
SEC.
3. Section 2029 is added to the Business and Professions Code, to read:
2029.
The board shall keep a copy of a complaint it receives regarding the
poor quality of care rendered by a licensee for 10 years from the date
the board receives the complaint. For retrieval purposes, these
complaints shall be filed by the licensee’s name and license number.
SEC.
4. Section 2307 of the Business and Professions Code is amended to read:
2307.
(a) A person whose certificate has been surrendered while under
investigation or while charges are pending or whose certificate has been
revoked or suspended or placed on probation, may petition the Division
of Medical Quality 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 certificate 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 division 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 division.
The petition shall be accompanied by at least two verified
recommendations from physicians and surgeons licensed by the board 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 division. The division 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
division or the California Board of Podiatric Medicine, as applicable,
which shall be acted upon in accordance with Section 2335.
(e)
The panel of the division 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
certificate 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 certificate 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 division 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.
(h)
This section is applicable to and may be carried out with regard to
licensees of the California Board of Podiatric Medicine. In lieu of two
verified recommendations from physicians and surgeons, the petition
shall be accompanied by at least two verified recommendations from
podiatrists licensed by the board who have personal knowledge of the
activities of the petitioner since the date the disciplinary penalty was
imposed.
(i)
Nothing in this section shall be deemed to alter Sections 822 and 823 of
the Business and Professions Code.
SEC.
4.5. Section 2488 is added to the Business and Professions Code, to
read:
2488.
Notwithstanding any other provision of law, the division shall issue,
upon the recommendation of the board, a certificate to practice
podiatric medicine by credentialing if the applicant is licensed as a
doctor of podiatric medicine in any other state and meets all of the
following requirements:
(a)
The applicant has graduated from an approved school or college of
podiatric medicine.
(b)
The applicant, within the past 10 years, has passed either part III of
the examination administered by the National Board of Podiatric Medical
Examiners of the United States or a written examination that is
recognized by the board to be the equivalent in content to the
examination administered by the National Board of Podiatric Medical
Examiners of the United States.
(c)
The applicant has satisfactorily completed a postgraduate training
program approved by the Council on Podiatric Medical Education.
(d)
The applicant, within the past 10 years, has passed any oral and
practical examination that may be required of all applicants by the
board to ascertain clinical competence.
(e)
The applicant has committed no acts or crimes constituting grounds for
denial of a certificate under Division 1.5 (commencing with Section
475).
(f)
The board determines that no disciplinary action has been taken against
the applicant by any podiatric licensing authority and that the
applicant has not been the subject of adverse judgments or settlements
resulting from the practice of podiatric medicine that the board
determines constitutes evidence of a pattern of negligence or
incompetence.
(g)
A disciplinary data bank report regarding the applicant has been
submitted to the board directly from the Federation of Podiatric Medical
Boards.
SEC.
5. Section 3740 of the Business and Professions Code is amended to read:
3740.
(a) Except as otherwise provided in this chapter, all applicants for
licensure under this chapter shall have completed an education program
for respiratory care that is accredited by the Commission on
Accreditation of Allied Health Education Programs and been awarded a
minimum of an associate degree from an institution or university
accredited by a regional accreditation agency or association recognized
by the United States Department of Education.
(b)
Notwithstanding subdivision (a), meeting the following qualifications
shall be deemed equivalent to the required education:
(1)
Enrollment in a baccalaureate degree program in an institution or
university accredited by a regional accreditation agency or association
recognized by the United States Department of Education.
(2)
Completion of science, general academic, and respiratory therapy
coursework commensurate with the requirements for an associate degree in
subdivision (a).
(c)
An applicant whose application is based on a diploma issued to the
applicant by a foreign respiratory therapy school or a certificate or
license issued by another state, district, or territory of the United
States that does not meet the requirements in subdivision (a) or (b),
shall enroll in an advanced standing and approved respiratory
educational program for evaluation of his or her education and training
and furnish documentary evidence, satisfactory to the board, that he or
she satisfies all of the following requirements:
(1)
Holds an associate degree or higher level degree equivalent to that
required in subdivision (a) or (b).
(2)
Completion of a respiratory therapy educational program equivalent to
that required in subdivision (a) or (b).
(3)
Possession of knowledge and skills to competently and safely practice
respiratory care in accordance with national standards.
(d)
Notwithstanding subdivision (c), an applicant whose application is based
on education provided by a Canadian institution or university that does
not meet the requirements in subdivision (a) or (b) shall furnish
documentary evidence, satisfactory to the board, that he or she
satisfies both of the following requirements:
(1)
Holds a degree equivalent to that required in subdivision (a) or
(b).
(2)
Completion of a respiratory therapy educational program recognized by
the Canadian Board of Respiratory Care.
(e)
A school shall give the director of a respiratory care program adequate
release time to perform his or her administrative duties consistent with
the established policies of the educational institution.
(f)
Satisfactory evidence as to educational qualifications shall take the
form of certified transcripts of the applicant’s college record mailed
directly to the board from the educational institution. However, the
board may require an evaluation of educational credentials by an
evaluation service approved by the board.
(g)
At the board’s discretion, it may waive its educational requirements
if evidence is presented and the board deems it as meeting the current
educational requirements that will ensure the safe and competent
practice of respiratory care. This evidence may include, but is not
limited to:
(1)
Work experience.
(2)
Good standing of licensure in another state.
(3)
Previous good standing of licensure in the State of California.
(h)
Nothing contained in this section shall prohibit the board from
disapproving any respiratory therapy school, nor from denying the
applicant if the instruction, including modalities and advancements in
technology, received by the applicant or the courses were not equivalent
to that required by the board.
SEC.
6. Section 4980.34 of the Business and Professions Code is amended to
read:
4980.34.
It is the intent of the Legislature that the board employ its resources
for each and all of the following functions:
(a)
The licensing of marriage and family therapists, clinical social
workers, and educational psychologists.
(b)
The development and administration of licensing examinations and
examination procedures, as specified, consistent with prevailing
standards for the validation and use of licensing and certification
tests. Examinations shall measure knowledge and abilities demonstrably
important to the safe, effective practice of the profession.
(c)
Enforcement of laws designed to protect the public from incompetent,
unethical, or unprofessional practitioners.
(d)
Consumer education.
SEC.
7. Section 4980.40 of the Business and Professions Code is amended to
read:
4980.40.
To qualify for a license, an applicant shall have all the following
qualifications:
(a)
Applicants applying for licensure on or after January 1, 1988, shall
possess a doctor’s or master’s degree in marriage, family, and child
counseling, marital and family therapy, psychology, clinical psychology,
counseling psychology, or counseling with an emphasis in either
marriage, family, and child counseling or marriage and family therapy,
obtained from a school, college, or university accredited by the Western
Association of Schools and Colleges, or approved by the Bureau for
Private Postsecondary and Vocational Education. The board has the
authority to make the final determination as to whether a degree meets
all requirements, including, but not limited to, course requirements
regardless of accreditation or approval. For purposes of this chapter,
the term ‘‘approved by the Bureau for Private Postsecondary and
Vocational Education’’ shall mean unconditional approval existing at
the time of the applicant’s graduation from the school, college, or
university. In order to qualify for licensure pursuant to this
subdivision, any doctor’s or master’s degree program shall be a
single, integrated program primarily designed to train marriage and
family therapists and shall contain no less than 48 semester or 72
quarter units of instruction. The instruction shall include no less than
12 semester units or 18 quarter units of coursework in the areas of
marriage, family, and child counseling, and marital and family systems
approaches to treatment.
The
coursework shall include all of the following areas:
(1)
The salient theories of a variety of psychotherapeutic orientations
directly related to marriage and family therapy, and marital and family
systems approaches to treatment.
(2)
Theories of marriage and family therapy and how they can be utilized in
order to intervene therapeutically with couples, families, adults,
children, and groups.
(3)
Developmental issues and life events from infancy to old age and their
effect upon individuals, couples, and family relationships. This may
include coursework that focuses on specific family life events and the
psychological, psychotherapeutic, and health implications that arise
within couples and families, including, but not limited to, childbirth,
child rearing, childhood, adolescence, adulthood, marriage, divorce,
blended families, stepparenting, and geropsychology.
(4)
A variety of approaches to the treatment of children. The board shall,
by regulation, set forth the subjects of instruction required in this
subdivision.
(b)
(1) In addition to the 12 semester or 18 quarter units of coursework
specified above, the doctor’s or master’s degree program shall
contain not less than six semester or nine quarter units of supervised
practicum in applied psychotherapeutic techniques, assessment,
diagnosis, prognosis, and treatment of premarital, couple, family, and
child relationships, including dysfunctions, healthy functioning, health
promotion, and illness prevention, in a supervised clinical placement
that provides supervised fieldwork experience within the scope of
practice of a marriage and family therapist.
(2)
For applicants who enrolled in a degree program on or after January 1,
1995, the practicum shall include a minimum of 150 hours of face-to-face
experience counseling individuals, couples, families, or groups.
(3)
(A) Supervised practicum hours, as specified in this subdivision, shall
be evaluated, accepted, and credited as hours for trainee experience by
the board.
(B)
The practicum hours shall be considered as part of the 48 semester or 72
quarter unit requirement.
(c)
As an alternative to meeting the qualifications specified in subdivision
(a), the board shall accept as equivalent degrees, those master’s or
doctor’s degrees granted by educational institutions whose degree
program is approved by the Commission on Accreditation for Marriage and
Family Therapy Education.
(d)
All applicants shall, in addition, complete the coursework or training
specified in Section 4980.41.
(e)
All applicants shall be at least 18 years of age.
(f)
All applicants shall have at least two years’ experience that meets
the requirements of this chapter in interpersonal relationships,
marriage and family therapy and psychotherapy under the supervision of a
licensed marriage and family therapist, licensed clinical social worker,
licensed psychologist, or a licensed physician certified in psychiatry
by the American Board of Psychiatry and Neurology. Experience shall not
be gained under the supervision of an individual who has provided
therapeutic services to that applicant. For those supervisorial
relationships in effect on or before December 31, 1988, and which remain
in continuous effect thereafter, experience may be gained under the
supervision of a licensed physician who has completed a residency in
psychiatry. Any person supervising another person pursuant to this
subdivision shall have been licensed or certified for at least two years
prior to acting as a supervisor, shall have a current and valid license
that is not under suspension or probation, and shall meet the
requirements established by regulations.
(g)
The applicant shall pass a board administered written or oral
examination or both examinations. An applicant who has successfully
passed a previously administered written examination may be subsequently
required to take and pass another written examination.
(h)
The applicant shall not have committed acts or crimes constituting
grounds for denial of licensure under Section 480. The board shall not
issue a registration or license to any person who has been convicted of
any crime in this or another state or in a territory of the United
States that involves sexual abuse of children or who is required to
register pursuant to Section 290 of the Penal Code or the equivalent in
another state or territory.
(i)
(1) An applicant applying for intern registration who, prior to December
31, 1987, met the qualifications for registration, but who failed to
apply or qualify for intern registration may be granted an intern
registration if the applicant meets all of the following criteria:
(A)
The applicant possesses a doctor’s or master’s degree in marriage,
family, and child counseling, marital and family therapy, psychology,
clinical psychology, counseling psychology, counseling with an emphasis
in marriage, family, and child counseling, or social work with an
emphasis in clinical social work obtained from a school, college, or
university currently conferring that degree that, at the time the degree
was conferred, was accredited by the Western Association of Schools and
Colleges, and where the degree conferred was, at the time it was
conferred, specifically intended to satisfy the educational requirements
for licensure by the Board of Behavioral Sciences.
(B)
The applicant’s degree and the course content of the instruction
underlying that degree have been evaluated by the chief academic officer
of a school, college, or university accredited by the Western
Association of Schools and Colleges to determine the extent to which the
applicant’s degree program satisfies the current educational
requirements for licensure, and the chief academic officer certifies to
the board the amount and type of instruction needed to meet the current
requirements.
(C)
The applicant completes a plan of instruction that has been approved by
the board at a school, college, or university accredited by the Western
Association of Schools and Colleges that the chief academic officer of
the educational institution has, pursuant to subparagraph (B), certified
will meet the current educational requirements when considered in
conjunction with the original degree.
(2)
A person applying under this subdivision shall be considered a trainee,
as that term is defined in Section 4980.03, once he or she is enrolled
to complete the additional coursework necessary to meet the current
educational requirements for licensure.
(j)
An applicant for licensure trained in an educational institution outside
the United States shall demonstrate to the satisfaction of the board
that he or she possesses a qualifying degree that is equivalent to a
degree earned from a school, college, or university accredited by the
Western Association of Schools and Colleges, or approved by the Bureau
of Private Postsecondary and Vocational Education. These applicants
shall provide the board with a comprehensive evaluation of the degree
performed by a foreign credential evaluation service that is a member of
the National Association of Credential Evaluation Services (NACES), and
shall provide any other documentation the board deems necessary.
SEC.
8. Section 4980.41 of the Business and Professions Code is amended to
read:
4980.41.
All applicants for licensure shall complete the following coursework or
training in order to be eligible to sit for the licensing examinations
as specified in subdivision (g) of Section 4980.40:
(a)
A two semester or three quarter unit course in California law and
professional ethics for marriage and family therapists, which shall
include, but not be limited to, the following areas of study:
(1)
Contemporary professional ethics and statutory, regulatory, and
decisional laws that delineate the profession’s scope of practice.
(2)
The therapeutic, clinical, and practical considerations involved in the
legal and ethical practice of marriage and family therapy, including
family law.
(3)
The current legal patterns and trends in the mental health profession.
(4)
The psychotherapist/patient privilege, confidentiality, the patient
dangerous to self or others, and the treatment of minors with and
without parental consent.
(5)
A recognition and exploration of the relationship between a
practitioner’s sense of self and human values and his or her
professional behavior and ethics.
This
course may be considered as part of the 48 semester or 72 quarter unit
requirements contained in Section 4980.40.
(b)
A minimum of seven contact hours of training or coursework in child
abuse assessment and reporting as specified in Section 28 and any
regulations promulgated thereunder.
(c)
A minimum of 10 contact hours of training or coursework in human
sexuality as specified in Section 25, and any regulations promulgated
thereunder. When coursework in a master’s or doctor’s degree program
is acquired to satisfy this requirement, it shall be considered as part
of the 48 semester or 72 quarter unit requirement contained in Section
4980.40.
(d)
For persons who began graduate study on or after January 1, 1986, a
master’s or doctor’s degree qualifying for licensure shall include
specific instruction in alcoholism and other chemical substance
dependency as specified by regulation. When coursework in a master’s
or doctor’s degree program is acquired to satisfy this requirement, it
shall be considered as part of the 48 semester or 72 quarter unit
requirement contained in Section 4980.40.
(e)
For persons who began graduate study during the period commencing on
January 1, 1995, and ending on December 31, 2003, a master’s or
doctor’s degree qualifying for licensure shall include coursework in
spousal or partner abuse assessment, detection, and intervention. For
persons who began graduate study on or after January 1, 2004, a
master’s or doctor’s degree qualifying for licensure shall include a
minimum of 15 contact hours of coursework in spousal or partner abuse
assessment, detection, and intervention strategies, including knowledge
of community resources, cultural factors, and same gender abuse
dynamics. Coursework required under this subdivision may be satisfactory
if taken either in fulfillment of other educational requirements for
licensure or in a separate course. The requirement for coursework shall
be satisfied by, and the board shall accept in satisfaction of the
requirement, a certification from the chief academic officer of the
educational institution from which the applicant graduated that the
required coursework is included within the institution’s required
curriculum for graduation.
(f)
For persons who began graduate study on or after January 1, 2001, an
applicant shall complete a minimum of a two semester or three quarter
unit survey course in psychological testing. When coursework in a
master’s or doctor’s degree program is acquired to satisfy this
requirement, it may be considered as part of the 48 semester or 72
quarter unit requirement of Section 4980.40.
(g)
For persons who began graduate study on or after January 1, 2001, an
applicant shall complete a minimum of a two semester or three quarter
unit survey course in psychopharmacology. When coursework in a
master’s or doctor’s degree program is acquired to satisfy this
requirement, it may be considered as part of the 48 semester or 72
quarter unit requirement of Section 4980.40.
(h)
The requirements added by subdivisions (f) and (g) are intended to
improve the educational qualifications for licensure in order to better
prepare future licentiates for practice, and are not intended in any way
to expand or restrict the scope of licensure for marriage and family
therapists.
SEC.
9. Section 4980.50 of the Business and Professions Code is amended to
read:
4980.50.
(a) Every applicant who meets the educational and experience
requirements and applies for a license as a marriage and family
therapist shall be examined by the board. The examinations shall be as
set forth in subdivision (g) of Section 4980.40. The examinations shall
be given at least twice a year at a time and place and under supervision
as the board may determine. The board shall examine the candidate with
regard to his or her knowledge and professional skills and his or her
judgment in the utilization of appropriate techniques and methods.
(b)
The board shall not deny any applicant, who has submitted a complete
application for examination, admission to the licensure examinations
required by this section if the applicant meets the educational and
experience requirements of this chapter, and has not committed any acts
or engaged in any conduct which would constitute grounds to deny
licensure.
(c)
The board shall not deny any applicant, whose application for licensure
is complete, admission to the written examination, nor shall the board
postpone or delay any applicant’s written examination or delay
informing the candidate of the results of any written examination,
solely upon the receipt by the board of a complaint alleging acts or
conduct which would constitute grounds to deny licensure.
(d)
If an applicant for examination who has passed the written examination
is the subject of a complaint or is under board investigation for acts
or conduct that, if proven to be true, would constitute grounds for the
board to deny licensure, the board shall permit the applicant to take
the oral examination for licensure, but may withhold the results of the
examination or notify the applicant that licensure will not be granted
pending completion of the investigation.
(e)
Notwithstanding Section 135, the board may deny any applicant who has
previously failed either the written or oral examination permission to
retake either examination pending completion of the investigation of any
complaints against the applicant. Nothing in this section shall prohibit
the board from denying an applicant admission to any examination,
withholding the results, or refusing to issue a license to any applicant
when an accusation or statement of issues has been filed against the
applicant pursuant to Sections 11503 and 11504 of the Government Code,
respectively, or the applicant has been denied in accordance with
subdivision (b) of Section 485.
(f)
Notwithstanding any other provision of law, the board may destroy all
written and oral examination materials two years following the date of
the examination.
(g)
On or after January 1, 2002, no applicant shall be eligible to
participate in an oral examination if his or her passing score on the
written examination occurred more than seven years before.
(h)
An applicant who has qualified pursuant to this chapter shall be issued
a license as a marriage and family therapist in the form that the board
may deem appropriate.
SEC.
10. Section 4980.54 of the Business and Professions Code is amended to
read:
4980.54.
(a) The Legislature recognizes that the education and experience
requirements in this chapter constitute only minimal requirements to
assure that an applicant is prepared and qualified to take the licensure
examinations as specified in subdivision (g) of Section 4980.40 and, if
he or she passes those examinations, to begin practice.
(b)
In order to continuously improve the competence of licensed marriage and
family therapists and as a model for all psychotherapeutic professions,
the Legislature encourages all licensees to regularly engage in
continuing education related to the profession or scope of practice as
defined in this chapter.
(c)
(1) Except as provided in subdivision (e), on and after January 1, 2000,
the board shall not renew any license pursuant to this chapter unless
the applicant certifies to the board, on a form prescribed by the board,
that he or she has completed not less than 36 hours of approved
continuing education in or relevant to the field of marriage and family
therapy in the preceding two years, as determined by the board.
(2)
For those persons renewing during 1999, the board shall not renew any
license pursuant to this chapter unless the applicant certifies to the
board, on a form prescribed by the board, that he or she has completed
not less than 18 hours of approved continuing education in or relevant
to the field of marriage and family therapy, as determined by the board.
The coursework of continuing education described in this paragraph may
be taken on or after the effective date of the continuing education
regulations adopted by the board pursuant to the other provisions of
this section.
(d)
The board shall have the right to audit the records of any applicant to
verify the completion of the continuing education requirement.
Applicants shall maintain records of completion of required continuing
education coursework for a minimum of two years and shall make these
records available to the board for auditing purposes upon request.
(e)
The board may establish exceptions from the continuing education
requirements of this section for good cause, as defined by the board.
(f)
The continuing education shall be obtained from one of the following
sources:
(1)
An accredited school or state-approved school that meets the
requirements set forth in Section 4980.40. Nothing in this paragraph
shall be construed as requiring coursework to be offered as part of a
regular degree program.
(2)
Other continuing education providers, including, but not limited to, a
professional marriage and family therapist association, a licensed
health facility, a governmental entity, a continuing education unit of
an accredited four-year institution of higher learning, or a mental
health professional association, approved by the board.
(3)
The board shall establish, by regulation, a procedure for approving
providers of continuing education courses, and all providers of
continuing education, as described in paragraphs (1) and (2), shall
adhere to procedures established by the board. The board may revoke or
deny the right of a provider to offer continuing education coursework
pursuant to this section for failure to comply with the requirements of
this section or any regulation adopted pursuant to this section.
(g)
Training, education, and coursework by approved providers shall
incorporate one or more of the following:
(1)
Aspects of the discipline that are fundamental to the understanding or
the practice of marriage and family therapy.
(2)
Aspects of the discipline of marriage and family therapy in which
significant recent developments have occurred.
(3)
Aspects of other disciplines that enhance the understanding or the
practice of marriage and family therapy.
(h)
A system of continuing education for licensed marriage and family
therapists shall include courses directly related to the diagnosis,
assessment, and treatment of the client population being served.
(i)
On and after January 1, 1997, the board shall, by regulation, fund the
administration of this section through continuing education provider
fees to be deposited in the Behavioral Sciences Fund. The fees related
to the administration of this section shall be sufficient to meet, but
shall not exceed, the costs of administering the corresponding
provisions of this section. For purposes of this subdivision, a provider
of continuing education as described in paragraph (1) of subdivision (f)
shall be deemed to be an approved provider.
(j)
The continuing education requirements of this section shall comply fully
with the guidelines for mandatory continuing education established by
the Department of Consumer Affairs pursuant to Section 166.
SEC.
11. Section 4980.80 of the Business and Professions Code is amended to
read:
4980.80.
The board may issue a license to any person who, at the time of
application, has held for at least two years a valid license issued by a
board of marriage counselor examiners, marriage therapist examiners, or
corresponding authority of any state, if the education and supervised
experience requirements are substantially the equivalent of this chapter
and the person successfully completes the board administered licensing
examinations as specified by subdivision (g) of Section 4980.40 and pays
the fees specified. Issuance of the license is further conditioned upon
the person’s completion of the following coursework or training:
(a)
A two semester or three quarter unit course in California law and
professional ethics for marriage, family, and child counselors that
shall include areas of study as specified in Section 4980.41.
(b)
A minimum of seven contact hours of training or coursework in child
abuse assessment and reporting as specified in Section 28 and any
regulations promulgated thereunder.
(c)
A minimum of 10 contact hours of training or coursework in human
sexuality as specified in Section 25 and any regulations promulgated
thereunder.
(d)
A minimum of 15 contact hours of training or coursework in alcoholism
and other chemical substance dependency as specified by regulation.
(e)
(1) Instruction in spousal or partner abuse assessment, detection, and
intervention. This instruction may be taken either in fulfillment of
other requirements for licensure or in a separate course.
(2)
On and after January 1, 2004, a minimum of 15 contact hours of
coursework or training in spousal or partner abuse assessment,
detection, and intervention strategies.
(f)
On and after January 1, 2003, a minimum of a two semester or three
quarter unit survey course in psychological testing. This course may be
taken either in fulfillment of other requirements for licensure or in a
separate course.
(g)
On and after January 1, 2003, a minimum of a two semester or three
quarter unit survey course in psychopharmacology. This course may be
taken either in fulfillment of other requirements for licensure or in a
separate course.
(h)
With respect to human sexuality, alcoholism and other chemical substance
dependency, spousal or partner abuse assessment, detection, and
intervention, psychological testing, and psychopharmacology, the board
may accept training or coursework acquired out of state.
SEC.
12. Section 4984.4 of the Business and Professions Code is amended to
read:
4984.4.
A license that is not renewed within five years after its expiration may
not be renewed, restored, reinstated, or reissued thereafter, but the
licensee may apply for and obtain a new license if:
(a)
No fact, circumstance, or condition exists that, if the license were
issued, would justify its revocation or suspension.
(b)
He or she pays the fees that would be required if he or she were
applying for a license for the first time.
(c)
He or she takes and passes the current licensing examinations as
specified in subdivision (g) of Section 4980.40.
SEC.
13. Section 4996.1 of the Business and Professions Code is amended to
read:
4996.1.
The board shall issue a clinical social worker license to each applicant
who qualifies pursuant to this article and successfully passes a board
administered written or oral examination or both examinations. An
applicant who has successfully passed a previously administered written
examination may be subsequently required to take and pass another
written examination.
SEC.
14. Section 4996.6 of the Business and Professions Code is amended to
read:
4996.6.
(a) The renewal fee for licenses that expire on or after January 1,
1996, shall be a maximum of one hundred fifty-five dollars ($155) and
shall be collected on a biennial basis by the board in accordance with
Section 152.6. The fees shall be deposited in the State Treasury to the
credit of the Behavioral Sciences Fund.
(b)
Licenses issued under this chapter shall expire no more than 24 months
after the issue date. The expiration date of the original license shall
be set by the board.
(c)
To renew an unexpired license, the licensee shall, on or before the
expiration date of the license, do the following:
(1)
Apply for a renewal on a form prescribed by the board.
(2)
Pay a two-year renewal fee prescribed by the board.
(3)
Certify compliance with the continuing education requirements set forth
in Section 4996.22.
(4)
Notify the board whether he or she has been convicted, as defined in
Section 490, of a misdemeanor or felony, or whether any disciplinary
action has been taken by any regulatory or licensing board in this or
any other state, subsequent to the licensee’s last renewal.
(d)
If the license is renewed after its expiration, the licensee shall, as a
condition precedent to renewal, also pay a delinquency fee of
seventy-five dollars ($75).
(e)
Any person who permits his or her license to become delinquent may have
it restored at any time within five years after its expiration upon the
payment of all fees that he or she would have paid if the license had
not become delinquent, plus the payment of all delinquency fees.
(f)
A license that is not renewed within five years after its expiration may
not be renewed, restored, reinstated, or reissued thereafter; however,
the licensee may apply for and obtain a new license if:
(1)
No fact, circumstance, or condition exists that, if the license were
issued, would justify its revocation or suspension.
(2)
He or she pays the fees that would be required if he or she were
applying for a license for the first time.
(3)
He or she takes and passes the current licensing examinations as
specified in Section 4996.1.
(g)
The fee for issuance of any replacement registration, license, or
certificate shall be twenty dollars ($20).
(h)
The fee for issuance of a certificate or letter of good standing shall
be twenty-five dollars ($25).
SEC.
15. Section 4996.17 of the Business and Professions Code is amended to
read:
4996.17.
(a) Experience gained outside of California shall be accepted toward the
licensure requirements if it is substantially the equivalent of the
requirements of this chapter. The board may issue a license to any
person who, at the time of application, has held a valid license, issued
by a board of clinical social work examiners or corresponding authority
of any state, for two years if the education and supervised experience
requirements are substantially the equivalent of this chapter and the
person successfully completes the board administered licensing
examinations as specified in Section 4996.1 and pays the required fees.
Issuance of the license is conditioned upon the person’s completion of
the following coursework and training:
(1)
A minimum of seven contact hours of training or coursework in child
abuse assessment and reporting as specified in Section 28, and any
regulations promulgated thereunder.
(2)
A minimum of 10 contact hours of training or coursework in human
sexuality as specified in Section 25, and any regulations promulgated
thereunder.
(3)
A minimum of 15 contact hours of training or coursework in alcoholism
and other chemical substance dependency, as specified by regulation.
(4)
(A) Instruction in spousal or partner abuse assessment, detection, and
intervention. This instruction may be taken either in fulfillment of
other requirements for licensure or in a separate course.
(B)
On and after January 1, 2004, a minimum of 15 contact hours of
coursework or training in spousal or partner abuse assessment,
detection, and intervention strategies.
(5)
With respect to paragraphs (2), (3), and (4), the board may accept
training or coursework acquired out of state.
(b)
A person who qualifies for licensure based on experience gained outside
California may apply for and receive an associate registration to
practice clinical social work.
SEC.
16. Section 5801 of the Business and Professions Code is amended to
read:
5801.
A certified interior designer may obtain a stamp from an interior design
organization that shall include a number that uniquely identifies and
bears the name of that certified interior designer. The stamp certifies
that the interior designer has provided the interior design organization
with evidence of passage of an interior design examination approved by
that interior design organization and any of the following:
(a)
He or she is a graduate of a four or five-year accredited interior
design degree program, and has two years of diversified interior design
experience.
(b)
He or she has completed a three-year accredited interior design
certificate program, and has completed three years of diversified
interior design experience.
(c)
He or she has completed a two-year accredited interior design program
and has completed four years of diversified interior design experience.
(d)
He or she has a combination of interior design education and diversified
interior design experience that together total at least eight years.
SEC.
17. Section 5810 of the Business and Professions Code is amended to
read:
5810.
(a) This chapter shall be subject to the review required by Division 1.2
(commencing with Section 473).
(b)
This chapter shall remain in effect only until January 1, 2006, and as
of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2006, deletes or extends that date.
SEC.
18. Section 5811 of the Business and Professions Code is repealed.
SEC.
19. Section 5811 is added to the Business and Professions Code, to read:
5811.
An interior design organization issuing stamps under Section 5801 shall
provide to the Joint Legislative Sunset Review Committee by September 1,
2005, a report that reviews and assesses the costs and benefits
associated with the California Code and Regulations Examination and
explores feasible alternatives to that examination.
SEC.
20. Section 7069 of the Business and Professions Code is amended to
read:
7069.
(a) An applicant, and each officer, director, partner, associate and
responsible managing employee thereof, shall not have committed acts or
crimes that are grounds for denial of licensure under Section 480.
(b)
As part of an application for a contractor’s license, the board shall
require an applicant to furnish a full set of fingerprints for purposes
of conducting a criminal history record check. Fingerprints furnished
pursuant to this subdivision shall be submitted in an electronic format
if readily available. Requests for alternative methods of furnishing
fingerprints are subject to the approval of the registrar. The board
shall use the fingerprints furnished by an applicant to obtain criminal
history information on the applicant from the Department of Justice and
the United States Federal Bureau of Investigation, and the board may
obtain any subsequent arrest information that is available. This
subdivision shall become operative on July 1, 2004.
SEC.
21. Section 7607 of the Business and Professions Code is amended to
read:
7607.
The bureau may inspect the premises in which the business of a funeral
director is conducted, where embalming is practiced, or where human
remains are stored.
SEC.
22. Section 7631 of the Business and Professions Code is amended to
read:
7631.
In case of the death of a licensed funeral director who leaves a funeral
establishment as part or all of the assets of his or her estate, the
bureau may issue a temporary license to his or her legal representative,
unless the legal representative has committed acts or crimes
constituting grounds for denial of licensure under Section 480. A
temporary establishment license is valid for six months from the date of
issue. However, upon the petition of the estate’s legal
representative, the bureau, in its discretion, may grant a reasonable
extension to allow for the assets of the estate to be distributed as
circumstances warrant.
SEC.
23. Section 7632 of the Business and Professions Code is amended to
read:
7632.
Every funeral director shall cause all human remains embalmed in or at
the direction of his or her funeral establishment to be embalmed by a
licensed embalmer, or by an apprentice embalmer under the supervision of
his or her licensed supervising embalmer.
SEC.
24. Section 7649 of the Business and Professions Code is amended to
read:
7649.
Except as provided in Section 102805 of the Health and Safety Code,
whenever the name of any licensed embalmer is subscribed to any
certificate, the purport of which is that he or she has performed any
act mentioned in the certificate, the licensed embalmer shall actually
sign his or her name thereto.
SEC.
25. Section 7706 of the Business and Professions Code is amended to
read:
7706.
Refusing to surrender promptly the custody of human remains, the
personal effects, and any certificate or permit required under Division
102 (commencing with Section 102100) of the Health and Safety Code that
is in the possession or control of the licensee upon the express order
of the person lawfully entitled to custody of the human remains
constitutes a ground for disciplinary action.
SEC.
26. Section 7725 of the Business and Professions Code is amended to
read:
7725.
A license issued under this chapter shall expire each year on the last
day of the month in which the license was originally issued. To renew an
unexpired license, the licenseholder shall on or before the date on
which it would otherwise expire, apply for renewal on a form prescribed
by the bureau, and pay the renewal fee prescribed by this chapter. The
bureau shall mail to each licensed funeral establishment, funeral
director, and embalmer, addressed to him or her at his or her address of
record, a notice that a renewal fee is due and payable.
SEC.
27. Section 7887 of the Business and Professions Code is amended to
read:
7887.
The amount of the fees prescribed by this chapter shall be fixed by the
board in accordance with the following schedule:
(a)
The fee for filing each application for registration as a geologist or a
geophysicist or certification as a specialty geologist or a specialty
geophysicist and for administration of the examination at not more than
two hundred and fifty dollars ($250).
(b)
The registration fee for a geologist or for a geophysicist and the fee
for the certification in a specialty shall be fixed at an amount equal
to the renewal fee in effect on the last regular renewal date before the
date on which the certificate is issued, except that, with respect to
certificates that will expire less than one year after issuance, the fee
shall be fixed at an amount equal to 50 percent of the renewal fee in
effect on the last regular renewal date before the date on which the
certificate is issued. The board may, by appropriate regulation, provide
for the waiver or refund of the initial certificate fee where the
certificate is issued less than 45 days before the date on which it will
expire.
(c)
The duplicate certificate fee at not more than six dollars ($6).
(d)
The temporary registration fee for a geologist or for a geophysicist at
not more than eighty dollars ($80).
(e)
The renewal fee for a geologist or for a geophysicist shall be fixed by
the board at not more than four hundred dollars ($400).
(f)
The renewal fee for a specialty geologist or for a specialty
geophysicist at not more than one hundred dollars ($100).
(g)
Notwithstanding Section 163.5, the delinquency fee for a certificate is
an amount equal to 50 percent of the renewal fee in effect on the last
regular renewal date.
(h)
Each applicant for registration as a geologist shall pay an examination
fee fixed by the board at an amount equal to the actual cost to the
board for the purchase of a national examination for geologists created
by a nationally recognized entity approved by the board, including a
supplemental California specific examination, and shall not exceed three
hundred dollars ($300).
(i)
Each applicant for registration as a geophysicist or certification as an
engineering geologist or certification as a hydrogeologist shall pay an
examination fee fixed by the board at an amount equal to the actual cost
to the board for the development and maintenance of the written
examination, and shall not exceed one hundred dollars ($100).
SEC.
28. Section 9653 of the Business and Professions Code is amended to
read:
9653.
(a) In making the examination the bureau:
(1)
Shall have free access to the books and records relating to the trust
funds, their collection and investment, and the number of graves,
crypts, and niches under endowment care.
(2)
Shall inspect and examine the trust funds to determine their condition
and the existence of the investments.
(3)
Shall ascertain if the cemetery corporation has complied with all the
laws applicable to trust funds.
(b)
Upon request by the bureau, a cemetery authority shall provide records
to substantiate the expenditures of the income of the trust funds. If a
cemetery authority fails to reasonably comply with this request, the
bureau may have access to books, records, and accounts of a cemetery
authority for purposes of ascertaining compliance with applicable laws.
SEC.
29. Section 9719 of the Business and Professions Code is amended to
read:
9719.
The bureau shall inspect the books, records, and premises of any
crematory licensed under this chapter. In making those inspections, the
bureau shall have access to all books and records, the crematory
building, the cremation chambers or furnaces, and the storage areas for
human remains before and after cremation, during regular office hours or
the hours the crematory is in operation. No prior notification of the
inspection is required to be given to the crematory licensee. If any
crematory licensee fails to allow that inspection or any part thereof,
it shall be grounds for the suspension or revocation of a license or
other disciplinary action against the licensee. All proceedings under
this section shall be conducted in accordance with the provisions of
this chapter relating to disciplinary proceedings.
SEC.
30. Section 9768 of the Business and Professions Code is amended to
read:
9768.
It is a misdemeanor for any cemetery corporation to make any interments
without a valid certificate of authority. Each interment shall be a
separate violation.
SEC.
31. Section 9781.5 is added to the Business and Professions Code, to
read:
9781.5.
The provisions of Article 5 (commencing with Section 8340) of Chapter 2
of Part 3 of Division 8 of the Health and Safety Code shall apply to
crematories licensed under this chapter.
SEC.
32. Section 9788 of the Business and Professions Code is amended to
read:
9788.
It is a misdemeanor for any person, firm, or corporation to cremate
human remains or to engage in the disposition thereof without a valid,
unexpired crematory license. Each cremation shall be a separate
violation.
SEC.
33. Section 22251 of the Business and Professions Code is amended to
read:
22251.
For the purposes of this chapter, the following words have the following
meanings:
(a)
(1) Except as otherwise provided in paragraph (2), ‘‘tax preparer’’
includes:
(A)
A person who, for a fee or for other consideration, assists with or
prepares tax returns for another person or who assumes final
responsibility for completed work on a return on which preliminary work
has been done by another person, or who holds himself or herself out as
offering those services. A person engaged in that activity shall be
deemed to be a separate person for the purposes of this chapter,
irrespective of affiliation with, or employment by, another tax preparer.
(B)
A corporation, partnership, association, or other entity that has
associated with it persons not exempted under Section 22258, which
persons shall have as part of their responsibilities the preparation of
data and ultimate signatory authority on tax returns or that holds
itself out as offering those services or having that authority.
(2)
Notwithstanding paragraph (1), ‘‘tax preparer’’ does not include
an employee who, as part of the regular clerical duties of his or her
employment, prepares his or her employer’s income, sales, or payroll
tax returns.
(b)
‘‘Tax return’’ means a return, declaration, statement, refund
claim, or other document required to be made or filed in connection with
state or federal income taxes or state bank and corporation franchise
taxes.
(c)
An ‘‘approved curriculum provider,’’ for purposes of basic
instruction as described in subdivision (a) of Section 22255, and
continuing education as described in subdivision (b) of Section 22255,
is one who has been approved by the council as defined in subdivision
(d).
A curriculum provider who is approved by the tax education council is
exempt from Chapter 7 (commencing with Section 94700) of Part 59 of
Division 10 of the Education Code.
(d)
‘‘Council’’ means the California Tax Education Council that is a
single organization made up of not more than one representative from
each professional society, association, or other entity operating as a
nonprofit corporation that chooses to participate in the council and
that represents tax preparers, enrolled agents, attorneys, or certified
public accountants with a membership in California of at least 200 for
the last three years, and not more than one representative from each
for-profit tax preparation corporation that chooses to participate in
the council and that has at least 200 employees and has been operating
in California for the last three years. The council shall establish a
process by which two individuals who are tax preparers pursuant to
Section 22255 are appointed to the council with full voting privileges
to serve terms as determined by the council, with their initial terms
being served on a staggered basis. A person exempt from the requirements
of this chapter pursuant to Section 22258 is not eligible for
appointment to the council, other than an employee of an individual in
an exempt category.
SEC.
34. Section 7053 of the Health and Safety Code is amended to read:
7053.
Every person who arrests, attaches, detains, or claims to detain any
human remains for any debt or demand, or upon any pretended lien or
charge, or fails to release any human remains, the personal effects, or
any certificate or permit required under Division 102 (commencing with
Section 102100) that is in his or her possession or control forthwith
upon the delivery of authorization for the release signed by the next of
kin or by any person entitled to the custody of the remains, is guilty
of a misdemeanor.
SEC.
35. Section 8277 of the Health and Safety Code is amended to read:
8277.
Every contract of a cemetery authority, including contracts executed in
behalf thereof by a cemetery broker or salesperson, which provides for
the sale by the cemetery authority of an interment plot or any service
or merchandise, shall be in writing and shall contain all of the
agreements of the parties. The contract shall include and disclose the
following:
(a)
The total contract price.
(b)
Terms of payment, including any promissory notes or other evidences of
indebtedness.
(c)
An itemized statement of charges including, as applicable, the
following:
(1)
Charges for an interment plot.
(2)
Charges for performing burial, entombment, or inurnment.
(3)
Charges for a monument or marker.
(4)
Charges for any services to be rendered in connection with any religious
or other observance at the site of interment or in any facility
maintained by the cemetery.
(5)
Amounts to be deposited in any endowment care or special care fund.
(6)
Charges for any insurance to be provided in connection with the
contract.
(7)
Any other charges, which shall be particularized.
(8)
Space and location sold.
SEC.
36. 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.
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