US Laws, Codes, Statutes & Cases

473.  (a) There is hereby established the Joint Committee on Boards,
Commissions, and Consumer Protection.
   (b) The Joint Committee on Boards, Commissions, and Consumer
Protection 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 Committee on Boards, Commissions, and Consumer
Protection 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 Committee on Boards, Commissions,
and Consumer Protection.
   (e) The Joint Committee on Boards, Commissions, and Consumer
Protection is authorized to act until January 1, 2012, at which time
the committee's existence shall terminate.



473.1.  This chapter shall apply to all of the following:
   (a) Every board, as defined in Section 22, that is scheduled to
become inoperative and to be repealed on a specified date as provided
by the specific act relating to the board.
   (b) The Bureau for Postsecondary and Vocational Education.  For
purposes of this chapter, "board" includes the bureau.
   (c) The Cemetery and Funeral Bureau.



473.15.  (a) The Joint Committee on Boards, Commissions, and
Consumer Protection established pursuant to Section 473 shall review
the following boards established by initiative measures, as provided
in this section:
   (1) The State Board of Chiropractic Examiners established by an
initiative measure approved by electors November 7, 1922.
   (2) The Osteopathic Medical Board of California established by an
initiative measure approved June 2, 1913, and acts amendatory thereto
approved by electors November 7, 1922.
   (b) The Osteopathic Medical Board of California shall prepare an
analysis and submit a report as described in subdivisions (a) to (e),
inclusive, of Section 473.2, to the Joint Committee on Boards,
Commissions, and Consumer Protection on or before September 1, 2010.

   (c) The State Board of Chiropractic Examiners shall prepare an
analysis and submit a report as described in subdivisions (a) to (e),
inclusive, of Section 473.2, to the Joint Committee on Boards,
Commissions, and Consumer Protection on or before September 1, 2005.

   (d) The Joint Committee on Boards, Commissions, and Consumer
Protection shall, during the interim recess of 2004 for the
Osteopathic Medical Board of California, and during the interim
recess of 2005 for the State Board of Chiropractic Examiners, hold
public hearings to receive testimony from the Director of Consumer
Affairs, the board involved, the public, and the regulated industry.
In that hearing, each board shall be prepared to demonstrate a
compelling public need for the continued existence of the board or
regulatory program, and that its licensing function is the least
restrictive regulation consistent with the public health, safety, and
welfare.
   (e) The Joint Committee on Boards, Commissions, and Consumer
Protection shall evaluate and make determinations pursuant to Section
473.4 and shall report its findings and recommendations to the
department as provided in Section 473.5.
   (f) In the exercise of its inherent power to make investigations
and ascertain facts to formulate public policy and determine the
necessity and expediency of contemplated legislation for the
protection of the public health, safety, and welfare, it is the
intent of the Legislature that the State Board of Chiropractic
Examiners and the Osteopathic Medical Board of California be reviewed
pursuant to this section.
   (g) It is not the intent of the Legislature in requiring a review
under this section to amend the initiative measures that established
the State Board of Chiropractic Examiners or the Osteopathic Medical
Board of California.


473.16.  The Joint Committee on Boards, Commissions, and Consumer
Protection shall examine the composition of the Medical Board of
California and its initial and biennial fees and report to the
Governor and the Legislature its findings no later than July 1, 2008.




473.2.  All boards to which this chapter applies shall, with the
assistance of the Department of Consumer Affairs, prepare an analysis
and submit a report to the Joint Committee on Boards, Commissions,
and Consumer Protection no later than 22 months before that board
shall become inoperative.  The analysis and report shall include, at
a minimum, all of the following:
   (a) A comprehensive statement of the board's mission, goals,
objectives and legal jurisdiction in protecting the health, safety,
and welfare of the public.
   (b) The board's enforcement priorities, complaint and enforcement
data, budget expenditures with average- and median-costs per case,
and case aging data specific to post and preaccusation cases at the
Attorney General's office.
   (c) The board's fund conditions, sources of revenues, and
expenditure categories for the last four fiscal years by program
component.
   (d) The board's description of its licensing process including the
time and costs required to implement and administer its licensing
examination, ownership of the license examination, relevancy and
validity of the licensing examination, and passage rate and areas of
examination.
   (e) The board's initiation of legislative efforts, budget change
proposals, and other initiatives it has taken to improve its
legislative mandate.


473.3.  (a) Prior to the termination, continuation, or
reestablishment of any board or any of the board's functions, the
Joint Committee on Boards, Commissions, and Consumer Protection
shall, during the interim recess preceding the date upon which a
board becomes inoperative, hold public hearings to receive testimony
from the Director of Consumer Affairs, the board involved, and the
public and regulated industry.  In that hearing, each board shall
have the burden of demonstrating a compelling public need for the
continued existence of the board or regulatory program, and that its
licensing function is the least restrictive regulation consistent
with the public health, safety, and welfare.
   (b) In addition to subdivision (a), in 2002 and every four years
thereafter, the committee, in cooperation with the California
Postsecondary Education Commission, shall hold a public hearing to
receive testimony from the Director of Consumer Affairs, the Bureau
for Private Postsecondary and Vocational Education, private
postsecondary educational institutions regulated by the bureau, and
students of those institutions.  In those hearings, the bureau shall
have the burden of demonstrating a compelling public need for the
continued existence of the bureau and its regulatory program, and
that its function is the least restrictive regulation consistent with
the public health, safety, and welfare.
   (c) The committee, in cooperation with the California
Postsecondary Education Commission, shall evaluate and review the
effectiveness and efficiency of the Bureau for Private Postsecondary
and Vocational Education, based on factors and minimum standards of
performance that are specified in Section 473.4.  The committee shall
report its findings and recommendations as specified in Section
473.5.  The bureau shall prepare an analysis and submit a report to
the committee as specified in Section 473.2.
   (d) In addition to subdivision (a), in 2003 and every four years
thereafter, the committee shall hold a public hearing to receive
testimony from the Director of Consumer Affairs and the Bureau of
Automotive Repair.  In those hearings, the bureau shall have the
burden of demonstrating a compelling public need for the continued
existence of the bureau and its regulatory program, and that its
function is the least restrictive regulation consistent with the
public health, safety, and welfare.
   (e) The committee shall evaluate and review the effectiveness and
efficiency of the Bureau of Automotive Repair based on factors and
minimum standards of performance that are specified in Section 473.4.
  The committee shall report its findings and recommendations as
specified in Section 473.5.  The bureau shall prepare an analysis and
submit a report to the committee as specified in Section 473.2.




473.4.  (a) The Joint Committee on Boards, Commissions, and Consumer
Protection shall evaluate and determine whether a board or
regulatory program has demonstrated a public need for the continued
existence of the board or regulatory program and for the degree of
regulation the board or regulatory program implements based on the
following factors and minimum standards of performance:
   (1) Whether regulation by the board is necessary to protect the
public health, safety, and welfare.
   (2) Whether the basis or facts that necessitated the initial
licensing or regulation of a practice or profession have changed.
   (3) Whether other conditions have arisen that would warrant
increased, decreased, or the same degree of regulation.
   (4) If regulation of the profession or practice is necessary,
whether existing statutes and regulations establish the least
restrictive form of regulation consistent with the public interest,
considering other available regulatory mechanisms, and whether the
board rules enhance the public interest and are within the scope of
legislative intent.
   (5) Whether the board operates and enforces its regulatory
responsibilities in the public interest and whether its regulatory
mission is impeded or enhanced by existing statutes, regulations,
policies, practices, or any other circumstances, including budgetary,
resource, and personnel matters.
   (6) Whether an analysis of board operations indicates that the
board performs its statutory duties efficiently and effectively.
   (7) Whether the composition of the board adequately represents the
public interest and whether the board encourages public
participation in its decisions rather than participation only by the
industry and individuals it regulates.
   (8) Whether the board and its laws or regulations stimulate or
restrict competition, and the extent of the economic impact the board'
s regulatory practices have on the state's business and technological
growth.
   (9) Whether complaint, investigation, powers to intervene, and
disciplinary procedures adequately protect the public and whether
final dispositions of complaints, investigations, restraining orders,
and disciplinary actions are in the public interest; or if it is,
instead, self-serving to the profession, industry or individuals
being regulated by the board.
   (10) Whether the scope of practice of the regulated profession or
occupation contributes to the highest utilization of personnel and
whether entry requirements encourage affirmative action.
   (11) Whether administrative and statutory changes are necessary to
improve board operations to enhance the public interest.
   (b) The Joint Committee on Boards, Commissions, and Consumer
Protection shall consider alternatives to placing responsibilities
and jurisdiction of the board under the Department of Consumer
Affairs.
   (c) Nothing in this section precludes any board from submitting
other appropriate information to the  Joint Committee on Boards,
Commissions, and Consumer Protection.



473.5.  The Joint Committee on Boards, Commissions, and Consumer
Protection shall report its findings and preliminary recommendations
to the department for its review, and, within  90 days of receiving
the report, the department shall report its findings and
recommendations  to the Joint Committee on Boards, Commissions, and
Consumer Protection during the next year of the regular session that
follows the hearings described in Section 473.3.  The committee shall
then meet to vote on final recommendations.  A final report shall be
completed by the committee and made available to the public and the
Legislature.  The report shall include final recommendations of the
department and the committee and whether each board or function
scheduled for repeal shall be terminated, continued, or
reestablished, and whether its functions should be revised.  If the
committee or the department deems it advisable, the report may
include proposed bills to carry out its recommendations.



473.6.  The chairpersons of the appropriate policy committees of the
Legislature may refer to the Joint Committee on Boards, Commissions,
and Consumer Protection for review of any legislative issues or
proposals to create new licensure or regulatory categories, change
licensing requirements, modify scope of practice, or create a new
licensing board under the provisions of this code or pursuant to
Chapter 1.5 (commencing with Section 9148) of Part 1 of Division 2 of
Title 2 of the Government Code.