California AB 2775

Existing law, the Chiropractic Act, enacted by an initiative measure, provides for the licensure and regulation of chiropractors in this state by the State Board of Chiropractic Examiners. Existing law subjects the powers and duties of the board to review by the appropriate policy committees of the Legislature as if the act was scheduled to be repealed as of January 1, 2027. This bill would instead subject the powers and duties of the board to that review as if that act were scheduled to be repealed on January 1, 2031. Existing law requires the board to annually compile a complete directory of all licensees within the state. Existing law requires that the board distribute one copy of the directory without charge to each licensee. This bill would require the board to distribute a copy of the directory electronically to each licensee and remove the requirement that the distribution be without charge. The bill would require the board to distribute a copy of the directory to a licensee by mail, if the licensee requests distribution by mail, but would prohibit the board from charging the licensee the costs of publication and distribution. Existing law requires a board within the Department of Consumer Affairs to issue a temporary license to practice a profession or vocation to an applicant who, among other things, holds a license to practice the profession or vocation in another state and is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States, as specified. This bill would authorize the State Board of Chiropractic Examiners, by regulation, to create a system for the issuance of a temporary license to practice chiropractic to an applicant who does not qualify for a temporary license pursuant to the above-described provision that would authorize an unlicensed person to practice chiropractic. The bill would authorize the board to charge application, issuance, and replacement license fees, not to exceed the limits for a license to practice chiropractic. Existing law establishes a schedule of 22 different fees necessary to carry out the responsibilities required by the Chiropractic Initiative Act and the Chiropractic Act and authorizes the board to adopt lower fees by regulation. Existing law directs the deposit of these funds into the State Board of Chiropractic Examiners' Fund, a continuously appropriated fund. This bill, for most of those fees, would revise the amount of the fee and would authorize the board to increase the amount of the fee to a specified maximum amount. The bill would specify that, if the board adopts lower fees by regulation, it shall be in an amount sufficient to support the functions of the board in the administration of its duties, as specified. The bill would require the board to set penalty fees for the delinquent renewal of a satellite office certificate, certificate of registration of a chiropractic corporation, or continuing education provider status. The bill would authorize the board to establish by regulation a system for the issuance and renewal of a chiropractic facility permit, including application, renewal, and replacement permit fees, in an amount sufficient to cover the reasonable regulatory costs to the board to administer the permit system. By authorizing new fees for deposit into a continuously appropriated fund, the bill would make an appropriation. Existing provisions of the Chiropractic Initiative Act authorize the board to refuse to grant, suspend, or revoke a license to practice chiropractic, place the licensee upon probation, or issue a reprimand, for violation of the rules and regulations adopted by the board in accordance with the act or for any cause specified in the act, in accordance with specified statutory proceedings. This bill would authorize the board to automatically revoke a license to practice chiropractic under specified circumstances, including if the licensee has been convicted in any court in or outside the state for specified offenses. The bill would also authorize the board to automatically suspend a license to practice chiropractic following a conviction of a serious felony, as defined. Existing law authorizes a board within the Department of Consumer Affairs to deny a license based on formal discipline by a licensing board in or outside of California and that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made. Existing law generally limits this authorization to formal discipline that occurred within 7 years preceding the date of application. Existing law creates an exception to that 7-year limitation if the formal discipline was based on conduct that would have constituted an act of sexual abuse, misconduct, or relations with a patient, or sexual exploitation, as specified, if committed in this state by a licensed physician and surgeon. This bill would create a similar exception to that 7-year limitation for conduct that would have constituted an act of sexual abuse, misconduct, or relations with a patient, as specified, if committed in this state by a licensed chiropractor. This bill would state the intent of the Legislature to work with stakeholders to examine licensed chiropractors holding specialized certification who provide chiropractic care to animal patients and evaluate opportunities to expand access to qualified animal chiropractic care while ensuring appropriate consumer and animal protections are in place. This bill would make other technical and nonsubstantive changes.