Daley, K.

English

University of San Diego

REGULATORY AGENCY ACTIONadded by the draft revisions include vari-ous forms of calcium silicate, cellularinsulation, and phenolic. (See CRLRVol. 9, No. 2 (Spring 1989) pp. 58-59 forbackground information on BHF's IQSprogram.)On April 15, BHF sent the draft revi-sions to all licensed manufacturers andinterested parties; comments have beenreceived from approximately 20 industrymembers and interested parties. BHFwill schedule public hearings to discussthe proposed modifications later thisyear.Dry Cleaning Plant Registration FeeIncreased. Effective May 1, BHFincreased the one-time registration feefor dry cleaning plants from $25 to $75,the maximum fee allowed under Busi-ness and Professions Code section19236. According to BHF, this increasewas necessary because the Dry CleaningProgram fund has declined rapidly sincethe program's inception in January 1987(see CRLR Vol. 7, No. 2 (Spring 1987)p. 52 and Vol. 7, No. 1 (Winter 1987) p.45 for background information), result-ing in the severe depletion of the Dry,Cleaning Account. The depletion is pri-marily due to the lack of sufficient rev-enue from dry cleaning plant registration,fees, the program's basic source ofincome.The increased fee is only a short-termsolution. In addition, BHF recommendsimposition of a biennial renewal processin place of the current one-time-only feerequirement. According to BHF, imple-mentation of such a renewal processwould require changes in the law; BHFhas drafted proposed legislation toaddress this issue.License Verification System. In April,BHF installed a License VerificationSystem (LVS), which allows BHFemployees to verify a license statuswithout using the state's Teale Data Cen-ter, thus avoiding Teale's costs. Theadvantages of LVS include free search-es, increased search speed, moreversatile search scope, and the availabili-ty of essential data for license verifica-tion. However, data on LVS is notalways current, as it is updated twiceweekly, and data for each licensee is lim-ited compared to the Teale'system.Budget Change Proposals. BHF is inthe process of preparing two budgetchange proposals (BCP) which wouldaffect Bureau staffing in fiscal year1992-93. One change would make per-manent the limited-term Staff ServicesAnalyst position that is scheduled toexpire on December 31, 1991; the sec-ond BCP would create a word process-ing position to provide clerical supportto the flammability research and analyti-cal/data processing work units. The finalBCPs are expected to be submitted toDCA's Budget Office by July 10. AfterDCA review, the BCPs will go to theDepartment of Finance for acceptance orrejection.False and Misleading AdvertisingPamphlets. DCA has approved the textof the Bureau's false and misleadingadvertising booklets, which addresswhat constitutes false or misleadingadvertising under the Home Furnishingsand Thermal Insulation Act, BHF regu-lations, and the California Business andProfessions Code. (See CRLR Vol. 11,No. 2 (Spring 1991) p. 78 for back-ground information.) BHF is currentlypreparing the pamphlet for printing, andexpects the first printing to be completedearly this summer.Licensing Project. BHF is continuingto analyze different approaches to locat-ing unlicensed industry members andenforcing licensing requirements. (SeeCRLR Vol. 11, No. 2 (Spring 1991) p. 78and Vol. 11, No. 1 (Winter 1991) p. 65for background information.) BHF hadconsidered the possibility of includinginformation regarding its licensing pro-gram in State Board of Equalizationpamphlet #35 (Tax Tips for InteriorDesigners and Decorators); however,after considering the data that would beprovided and the cost involved, BHFdecided not to pursue this option. BHF ispursuing other alternatives, includingcontacting design centers, furnituremarts, showrooms, interior design asso-ciation chapters, and city and countylicensing offices, requesting assistancein reducing unlicensed activity.LEGISLATION:AB 1749 (Johnson). Under existinglaw, a BHF licensee who fails to timelyrenew his/her license prior to expirationmust pay a delinquency fee. If therenewal fee and delinquency fee are notpaid within a specified time period, thelicensee is assessed an additional penaltyfee of 5% of the renewal fee for eachmonth or fraction thereof that the licenseis delinquent. As introduced March 8,this bill would revise to an unspecifiedamount the penalty fee for failure totimely renew a BHF license prior to itsexpiration. This bill is pending in theAssembly Committee on Consumer Pro-tection, Governmental Efficiency, andEconomic Development.AB 1893 (Lancaster), as amendedMay 24, is DCA's omnibus bill. Withrespect to BHF, it would increase theadditional penalty fee for failure to time-ly renew a BHF license after January 1,1992, to 30% of the renewal fee. The billalso provides that a BHF license whichis not renewed within one year of itsexpiration shall be cancelled, and setsforth conditions for reinstatement ofsuch a cancelled license. This bill ispending in the Assembly Ways andMeans Committee.LITIGATION:In People v. United Shredding, Inc.,No. 366280 (Sacramento County Superi-or Court), United Shredding agreed topay $9,401 in civil penalties, investiga-tion costs, and attorneys' fees. UnitedShredding, a Pennsylvania corporation,did not admit to any violation of law,although the court's judgment enjoinsUnited Shredding from, among otherthings, placing upon its upholstered fur-niture a label or notice which indicatesthat the furniture complies with require-ments of California law, unless in truthand in fact the upholstered furniture doescomply with the legal requirements. Ofthe $9,401 judgment, the Bureau willreceive $6,901 to cover its investigationcosts in the matter.FUTURE MEETINGS:September 10 in San Francisco.December 10 in Los Angeles.BOARD OF LANDSCAPEARCHITECTSExecutive Officer: Jeanne Brode(916) 445-4954The Board of Landscape Architects(BLA) licenses those who design land-scapes and supervise implementation ofdesign plans. To qualify for a license, anapplicant must successfully pass thewritten exam of the national Council ofLandscape Architectural RegistrationBoards (CLARB) and a section coveringlandscape architecture in California; out-of-state applicants must also pass an oralexamination given by the Board. In addi-tion, an applicant must have the equiva-lent of six years of landscape architec-tural experience. This may be acombination of education from a schoolwith a Board-approved program in land-scape architecture and field experience.The Board investigates verified com-plaints against any landscape architectand prosecutes violations of the PracticeAct. The Board also governs the exami-nation of applicants for certificates topractice landscape architecture andestablishes criteria for approving schoolsof landscape architecture.Authorized in Business and Profes-sions Code section 5615 et seq., BLAconsists of seven members. One of themembers must be a resident of and prac-tice landscape architecture in southernie California Regulatory Law Reporter Vol. 11, No. 3 (Summer 1991)REGULATORY AGENCY ACTIONCalifornia, and one member must be aresident of and practice landscape archi-tecture in northern California. Threemembers of the Board must be licensedto practice landscape architecture in thestate of California. The other four mem-bers are public members and must not belicentiates of the Board. Board membersare appointed to four-year terms. BLA'sregulations are codified in Division 26,Title 16 of the California Code of Regu-lations (CCR).MAJOR PROJECTS:Update on Proposed RegulatoryChanges. BLA's rulemaking packagewhich proposes to repeal existing sec-tion 2620, adopt new sections 2620 and2620.5, and amend section 2649, Divi-sion 26, Title 16 of the CCR, has not yetbeen sent to the Office of AdministrativeLaw (OAL) at this writing. The pro-posed changes would clarify educationaland work requirements necessary to sitfor BLA's licensing exam and increaseselected fees. (See CRLR Vol. 11, No. 2(Spring 1991) p. 79; Vol. 11, No. 1 (Win-ter 1991) pp. 65-66; and Vol. 10, No. 4(Fall 1990) p. 78 for background infor-mation.)LEGISLATION:AB 1996 (Campbell). Under existinglaw, in any action for indemnity or dam-ages arising out of the professional neg-ligence of a person licensed as a profes-sional architect, engineer, or landsurveyor, the plaintiff's attorney isrequired to attempt to obtain consulta-tion with at least one professional archi-tect, engineer, or land surveyor who isnot a party to the action. The attorney isthen required to file a certificate whichdeclares why the consultation was notobtained or that, on the basis of the con-sultation, the attorney believes there isreasonable and meritorious cause for fil-ing an action. As introduced March 8,this bill would specify that these provi-sions also apply to actions arising out ofthe professional negligence of landscapearchitects. This bill is pending in theAssembly Judiciary Committee.SB 173 (Bergeson). Under existinglaw, state and local agency heads maycontract for specified services based ondemonstrated competence and profes-sional qualifications rather than compet-itive bidding. As introduced January 14,this bill would add landscape architec-tural services to the list of specified ser-vices. This bill is pending in the SenateTransportation Committee.AB 1893 (Lancaster), as amendedMay 24, would authorize BLA to adoptguidelines for the delegation of itsauthority to grade the examinations oflicensure applicants to any vendor undercontract to the Board. This bill is pend-ing in the Assembly Ways and MeansCommittee.FUTURE MEETINGS:August 2 in Irvine.MEDICAL BOARD OFCALIFORNIAExecutive Director: Ken Wagstaff(916) 920-6393Toll-Free Complaint Number:1-800-MED-BD-CAThe Medical Board of California(MBC) is an administrative agency with-in the state Department of ConsumerAffairs (DCA). The Board, which con-sists of twelve physicians and seven non-physicians appointed to four-year terms,is divided into three autonomous divi-sions: Licensing, Medical Quality, andAllied Health Professions.The purpose of MBC and its threedivisions is to protect the consumer fromincompetent, grossly negligent, unli-censed, or unethical practitioners; to.enforce provisions of the Medical Prac-tice Act (California Business and Profes-sions Code section 2000 et seq.); and toeducate healing arts licensees and thepublic on health quality issues. TheBoard's regulations are codified in Divi-sion 13, Title 16 of the California Codeof Regulations (CCR).The functions of the individual divi-sions are as follows:MBC's Division of Licensing (DOL)is responsible for issuing licenses andcertificates under the Board's jurisdic-tion; administering the Board's continu-ing medical education program; sus-pending, revoking, or limiting licensesupon order of the Division of MedicalQuality; approving undergraduate andgraduate medical education programs forphysicians; and developing and adminis-tering physician and surgeon examina-tions.The Division of Medical Quality(DMQ) reviews the quality of medicalpractice carried out by physicians andsurgeons. This responsibility includesenforcement of the disciplinary andcriminal provisions of the Medical Prac-tice Act. The division operates in con-junction with fourteen Medical QualityReview Committees (MQRC) estab-lished on a geographic basis throughoutthe state. Committee members are physi-cians, other health professionals, and laypersons assigned by DMQ to investigatematters, hear disciplinary chargesagainst physicians, and receive inputfrom consumers and health careproviders in the community.The Division of Allied Health Profes-sions (DAHP) directly regulates fivenon-physician health occupations andoversees the activities of eight otherexamining committees and boards whichlicense non-physician certificate holdersunder the jurisdiction of the Board. Thefollowing allied health professions aresubject to the jurisdiction of DAHP:acupuncturists, audiologists, hearing aiddispensers, medical assistants, physicaltherapists, physical therapist assistants,physician assistants, podiatrists, psy-chologists, psychological assistants, reg-istered dispensing opticians, researchpsychoanalysts, speech pathologists, andrespiratory care practitioners.DAHP members are assigned asliaisons to one or two of these boards orcommittees, and may also be assigned asliaisons to a board regulating a relatedarea such as pharmacy, optometry, ornursing. As liaisons, DAHP membersare expected to attend two or three meet-ings of their assigned board or commit-tee each year, and to keep the Divisioninformed of activities or issues whichmay affect the professions under theMedical Board's jurisdiction.MBC's three divisions meet togetherapproximately four times per year, inLos Angeles, San Diego, San Francisco,and Sacramento. Individual divisionsand subcommittees also hold additionalseparate meetings as the need arises.MAJOR PROJECTS:Senate Committee Reviews AuditorGeneral's Report on MBC's DisciplineSystem, Board's Implementation of SB2375. On May 23, the Senate Businessand Professions Committee held anoversight hearing on the progress of theMedical Board in implementing SB2375 (Presley), a 37-part physician dis-cipline system reform bill enacted by thelegislature in 1990. (See CRLR Vol. 11,No. 1 (Spring 1991) pp. 81-82; Vol. 11,No. 1 (Winter 1991) pp. 66-67; and Vol.10, No. 4 (Fall 1990) pp. 79-80 forextensive background information onDMQ's preliminary implementation ofSB 2375.) According to a May reportissued by Public Citizen, a WashingtonD.C.-based consumer advocacy group,California ranks 38th in physician disci-pline.The Committee first received a reportfrom Tom Britting of the Office of theAuditor General (OAG); OAG hadrecently completed an in-depth analysisof MBC's complaint processing systemand released a critical report. (See supraagency report on OAG for more detailedsummary of the report.) Specifically,12 The California Regulatory Law Reporter Vol. 11, No. 3 (Summer 19!

Board of Landscape Architects

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Board of Landscape Architects

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