2009 California Business and Professions Code - Section 2600-2615 :: Article 1. Administration

BUSINESS AND PROFESSIONS CODE
SECTION 2600-2615

2600.  This chapter may be cited as the Physical Therapy Practice
Act.

2601.  "Board" as used in this chapter means the Physical Therapy
Board of California.

2602.  The Physical Therapy Board of California, hereafter referred
to as the board, shall enforce and administer this chapter. This
section shall become inoperative on July 1, 2013, and, as of January
1, 2014, is repealed, unless a later enacted statute, which becomes
effective on or before January 1, 2014, deletes or extends the dates
on which it becomes inoperative and is repealed.
   The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).

2602.1.  Protection of the public shall be the highest priority for
the Physical Therapy Board of California in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.

2603.  The members of the board consist of the following: one
physical therapist involved in the education of physical therapists,
three physical therapists who shall have practiced physical therapy
for five years and shall be licensed by the board, and three public
members who shall not be licentiates of the board or of any other
board under the Medical Board of California or of any board referred
to in Sections 1000 and 3600.

2604.  The members of the board shall be appointed for a term of
four years, expiring on the first day of June of each year.
   The Governor shall appoint one of the public members and the four
physical therapist members of the board qualified as provided in
Section 2603. The Senate Rules Committee and the Speaker of the
Assembly shall each appoint a public member, and their initial
appointment shall be made to fill, respectively, the first and second
public member vacancies which occur on or after January 1, 1983.
   Not more than one member of the board shall be appointed from the
full-time faculty of any university, college, or other educational
institution.
   No person may serve as a member of the board for more than two
consecutive terms. Vacancies shall be filled by appointment for the
unexpired term. Annually, the board shall elect one of its members as
president.
   The appointing power shall have the power to remove any member of
the board from office for neglect of any duty required by law or for
incompetency or unprofessional or dishonorable conduct.

2604.5.  The public members shall be appointed from persons having
all of the following qualifications:
   (a) Be a citizen of California.
   (b) Shall not be an officer or faculty member of any college,
school or institution engaged in physical therapy education.
   (c) Shall not be a licentiate of the Medical Board of California
or of any board under this division or of any board referred to in
Sections 1000 and 3600.

2606.  Each member of the board shall receive a per diem and
expenses as provided in Section 103.

2607.  The board may employ, subject to law, such clerical
assistants and, except as provided in Section 159.5, other employees
as it may deem necessary to carry out its powers and duties.
   The board may as necessary select and contract with physical
therapy consultants who are licensed physical therapists to assist it
in its programs on an intermittent basis. Notwithstanding any other
provision of law, the board may contract with these consultants on a
sole source basis. For the purposes of Division 3.6 (commencing with
Section 810) of Title 1 of the Government Code, any consultant under
contract with the board shall be considered a public employee.

2607.5.  The board may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board and
vested in him or her by this chapter.
   This section shall become inoperative on July 1, 2013, and, as of
January 1, 2014, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2014, deletes or extends
the dates on which it becomes inoperative and is repealed.
   The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).

2608.  The procedure in all matters and proceedings relating to the
denial, suspension, or revocation of licenses under this chapter
shall be governed by the provisions of Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code.

2608.5.  Each member of the board, or any licensed physical
therapist appointed by the board, may inspect, or require reports
from, a general or specialized hospital or any other facility
providing physical therapy care, treatment or services and the
physical therapy staff thereof, with respect to the physical therapy
care, treatment, services, or facilities provided therein, and may
inspect physical therapy patient records with respect to the care,
treatment, services, or facilities. The authority to make inspections
and to require reports as provided by this section shall not be
delegated by a member of the board to any person other than a
physical therapist and shall be subject to the restrictions against
disclosure described in Section 2263.

2609.  The board shall issue, suspend, and revoke licenses and
approvals to practice physical therapy as provided in this chapter.

2611.  The board shall hold at least one regular meeting annually in
the Cities of Sacramento, Los Angeles and San Francisco. The board
may convene from time to time until its business is concluded.
Special meetings of the board may be held at any time and place as
the board may designate.

2612.  Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).

2613.  The board may appoint qualified persons to give the whole or
any portion of any examination as provided in this chapter, who shall
be designated as a commissioner on examination. A commissioner on
examination need not be a member of the board but shall be subject to
the same rules and regulations and shall be entitled to the same fee
as if he or she were a member of the board.

2614.  (a) The board shall hear all matters, including but not
limited to, any contested case or any petition for reinstatement,
restoration, or modification of probation. Except as otherwise
provided in this chapter, all hearings 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. If a contested case
is heard by the board the hearing officer who presided at the hearing
shall be present during the board's consideration of the case and,
if requested, shall assist and advise the board.
   (b) At the conclusion of the hearing, the board shall deny an
application for, or suspend or revoke, or impose probation conditions
upon, a license or approval.

2615.  The board shall from time to time adopt regulations that may
be necessary to effectuate this chapter. In adopting regulations the
board shall comply with Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code.


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