AB 1229

Bill Subjects

Abstract

Existing law establishes the Department of Consumer Affairs and places the department under the control of the Director of Consumer Affairs. Existing law requires the Board of Vocational Nursing and Psychiatric Technicians of the State of California, which is within the department, to license and regulate vocational nurses and psychiatric technicians and requires the board to appoint an executive officer to perform duties as delegated by the board. Existing law repeals the provisions establishing the board and the board's authority to appoint an executive officer on January 1, 2018. This bill would extend the operation of the board and its authority to license and regulate vocational nurses and psychiatric technicians until January 1, 2021. The bill would temporarily abolish the existing executive officer provision and would establish a new executive officer who would be appointed by the Governor and who would serve at the pleasure of the Governor. The bill would require the newly established executive officer to perform duties as delegated by the board, would prohibit the executive officer from being a member of the board, and would provide that the executive officer is entitled to necessary expenses in the performance of his or her duties. The bill would repeal the provisions regarding the new executive officer on January 1, 2020. The bill would, if the board becomes inoperative or is repealed, authorize the director, until December 31, 2024, to assume the duties, powers, purposes, responsibilities, and jurisdiction of the board and its executive officer that are not otherwise repealed or made inoperative. The bill would also make nonsubstantive changes. Existing law requires the director to appoint an administrative and enforcement program monitor to monitor and evaluate the administrative process and disciplinary system and procedures of the board and requires the monitor to submit a report of his or her findings and conclusions to the Legislature, the department, and the board, as specified. This bill would require the board to submit written reports to the director and the Legislature no later than April 1, 2018, July 1, 2018, October 1, 2018, January 1, 2019, July 1, 2019, and January 1, 2020, demonstrating its progress in implementing the administrative and enforcement program monitor's recommendations. This bill would require staff of the board to meet with staff from the department's Division of Investigation no later than March 1, 2018, June 1, 2018, September 1, 2018, and December 1, 2018, and each March 1, June 1, September 1, and December 1 thereafter, for the purpose of ensuring the appropriate function and operation of the board's enforcement program. The bill would require the board to submit a report to the department in advance of each meeting that includes, at a minimum, certain information. The bill would require the board and its staff to cooperate with the director and the department. The bill would repeal these provisions on January 1, 2020. The bill would authorize the director to direct department staff to review and evaluate the board's licensing systems and procedures for the purpose of identifying deficiencies and improving quality and efficiency of the board's licensing process, and would require the board and the board's staff to cooperate with the director and the department, as specified. The bill would repeal these provisions on January 1, 2020. Existing law establishes the Vocational Nursing and Psychiatric Technicians Fund in the State Treasury, and requires that all money in the fund be used to carry out the Vocational Nursing Practice Act and the Psychiatric Technicians Law, and for the refund of license fees and other moneys paid into the fund under certain provisions of law. Existing law requires that claims against the fund be audited by the Controller, and paid by the Treasurer upon warrants drawn by the Controller. This bill would specify that moneys in the fund shall be available upon appropriation by the Legislature.