SB 695: Professions and vocations: applications and renewals: individual tax identification number.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-09-27
(1)Existing law governs professions and vocations that are regulated by various boards within the Department of Consumer Affairs. Existing law requires those boards, the State Bar of California, and the Department of Real Estate to require a licensee, at the time of issuance of a license, to provide specified information, including his or her social security number or individual taxpayer identification number. Existing law provides that the applicants social security number or individual taxpayer identification number information is not a public record and is not open to the public for inspection.
This bill would prohibit a licensing board from requiring an individual to disclose either citizenship status or immigration status for purposes of licensure, or from denying licensure to an otherwise qualified and eligible individual based solely on his or her citizenship status or immigration status.
(2)Existing law requires the Commission on Teacher Credentialing to, among other duties, establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to adopt regulations requiring every applicant for a credential, or for the renewal of a credential, to submit reasonable evidence of identification and good moral character.
This bill, among other things, would require the commission, no later than July 1, 2019, to authorize the use of an individual tax identification number in lieu of a social security number for purposes of applying for a credential, or the renewal of a credential, when an applicant cannot provide his or her social security number.
(3)Existing law obligates a parent to support his or her child. Existing law establishes the Department of Child Support Services within the California Health and Human Services Agency, which administers services and performs functions necessary to establish, collect, and distribute child support. Existing law requires each county to maintain a local child support agency that has the responsibility, among other things, to promptly and effectively establish, modify, and enforce child support obligations. Existing federal law requires the state and county to maintain specified personal information on obligors, including taxpayer identification numbers or other uniform identification numbers for the purposes of administering and enforcing child support obligations.
This bill would modify the personal information of obligors required to be maintained by the state and county to include individual taxpayer identification numbers or other uniform identification numbers, and would make other conforming changes. By increasing the administrative obligations placed on local child support agencies, the bill would impose a state-mandated local program.
(4)Existing law provides for the licensure and regulation of various clinical laboratory personnel and health care professionals, including, but not limited to, the Certified Hemodialysis Technician, certified nurse assistant, certified home health aide, and radiologic technician, by the State Department of Public Health, and makes a violation of those provisions a crime.
This bill would require the State Department of Public Health, no later than July 1, 2019, to require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate, as specified. The bill, among other things, would prohibit the State Department of Public Health from requiring an applicant to disclose citizenship status or immigration status for purposes of licensure, or from denying licensure to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(5)Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority (authority), which is responsible for establishing training, scope of practice, and continuing education for emergency medical technicians and other prehospital personnel, including Emergency Medical Technician-I (EMT-I), Emergency Medical Technician-II (EMT-II), and Emergency Medical Technician-Paramedic (EMT-P), and makes a violation of these provisions a crime. Existing law authorizes each county to designate an emergency medical services (EMS) agency, for the establishment and administration of an emergency medical services program, including the licensure of emergency medical technicians, in the county. Existing law provides for the authoritys sole responsibility to license and regulate paramedics.
This bill would require the authority, no later than July 1, 2019, to require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal certificate with the authority, local EMS agency, or certifying entity. The bill, among other things, would prohibit the authority, local EMS agency, and certifying entity from requiring an applicant to disclose citizenship status or immigration status for purposes of licensure, or from denying certification to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
Because a willful violation of requirements related to the application for a certificate or the renewal of a certificate issued by the State Department of Public Health, the authority, or the local EMS agency would be a crime, the bill would impose a state-mandated local program.
(6)The bill would state the Legislatures intent to utilize the individual taxpayer identification number or social security number for the purpose of establishing identification of persons applying for individual certificates or credentials. The bill would make a related finding and declaration.
(7)This bill would incorporate additional changes to Section 30 of the Business and Professions Code proposed by AB 3249 to be operative only if this bill and AB 3249 are enacted and this bill is enacted last.
(8)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law governs professions and vocations that are regulated by various boards within the Department of Consumer Affairs. Existing law requires those boards, the State Bar of California, and the Department of Real Estate to require a licensee, at the time of issuance of a license, to provide specified information, including his or her social security number or individual taxpayer identification number. Existing law provides that the applicants social security number or individual taxpayer identification number information is not a public record and is not open to the public for inspection.
This bill would prohibit a licensing board from requiring an individual to disclose either citizenship status or immigration status for purposes of licensure, or from denying licensure to an otherwise qualified and eligible individual based solely on his or her citizenship status or immigration status.
(2)Existing law requires the Commission on Teacher Credentialing to, among other duties, establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to adopt regulations requiring every applicant for a credential, or for the renewal of a credential, to submit reasonable evidence of identification and good moral character.
This bill, among other things, would require the commission, no later than July 1, 2019, to authorize the use of an individual tax identification number in lieu of a social security number for purposes of applying for a credential, or the renewal of a credential, when an applicant cannot provide his or her social security number.
(3)Existing law obligates a parent to support his or her child. Existing law establishes the Department of Child Support Services within the California Health and Human Services Agency, which administers services and performs functions necessary to establish, collect, and distribute child support. Existing law requires each county to maintain a local child support agency that has the responsibility, among other things, to promptly and effectively establish, modify, and enforce child support obligations. Existing federal law requires the state and county to maintain specified personal information on obligors, including taxpayer identification numbers or other uniform identification numbers for the purposes of administering and enforcing child support obligations.
This bill would modify the personal information of obligors required to be maintained by the state and county to include individual taxpayer identification numbers or other uniform identification numbers, and would make other conforming changes. By increasing the administrative obligations placed on local child support agencies, the bill would impose a state-mandated local program.
(4)Existing law provides for the licensure and regulation of various clinical laboratory personnel and health care professionals, including, but not limited to, the Certified Hemodialysis Technician, certified nurse assistant, certified home health aide, and radiologic technician, by the State Department of Public Health, and makes a violation of those provisions a crime.
This bill would require the State Department of Public Health, no later than July 1, 2019, to require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate, as specified. The bill, among other things, would prohibit the State Department of Public Health from requiring an applicant to disclose citizenship status or immigration status for purposes of licensure, or from denying licensure to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(5)Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority (authority), which is responsible for establishing training, scope of practice, and continuing education for emergency medical technicians and other prehospital personnel, including Emergency Medical Technician-I (EMT-I), Emergency Medical Technician-II (EMT-II), and Emergency Medical Technician-Paramedic (EMT-P), and makes a violation of these provisions a crime. Existing law authorizes each county to designate an emergency medical services (EMS) agency, for the establishment and administration of an emergency medical services program, including the licensure of emergency medical technicians, in the county. Existing law provides for the authoritys sole responsibility to license and regulate paramedics.
This bill would require the authority, no later than July 1, 2019, to require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal certificate with the authority, local EMS agency, or certifying entity. The bill, among other things, would prohibit the authority, local EMS agency, and certifying entity from requiring an applicant to disclose citizenship status or immigration status for purposes of licensure, or from denying certification to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
Because a willful violation of requirements related to the application for a certificate or the renewal of a certificate issued by the State Department of Public Health, the authority, or the local EMS agency would be a crime, the bill would impose a state-mandated local program.
(6)The bill would state the Legislatures intent to utilize the individual taxpayer identification number or social security number for the purpose of establishing identification of persons applying for individual certificates or credentials. The bill would make a related finding and declaration.
(7)This bill would incorporate additional changes to Section 30 of the Business and Professions Code proposed by AB 3249 to be operative only if this bill and AB 3249 are enacted and this bill is enacted last.
(8)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law governs professions and vocations that are regulated by various boards within the Department of Consumer Affairs. Existing law requires those boards, the State Bar of California, and the Department of Real Estate to require a licensee, at the time of issuance of a license, to provide specified information, including his or her social security number or individual taxpayer identification number. Existing law provides that the applicants social security number or individual taxpayer identification number information is not a public record and is not open to the public for inspection.
This bill would prohibit a licensing board from requiring an individual to disclose either citizenship status or immigration status for purposes of licensure, or from denying licensure to an otherwise qualified and eligible individual based solely on his or her citizenship status or immigration status.
(2)Existing law requires the Commission on Teacher Credentialing to, among other duties, establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to adopt regulations requiring every applicant for a credential, or for the renewal of a credential, to submit reasonable evidence of identification and good moral character.
This bill, among other things, would require the commission, no later than July 1, 2019, to authorize the use of an individual tax identification number in lieu of a social security number for purposes of applying for a credential, or the renewal of a credential, when an applicant cannot provide his or her social security number.
(3)Existing law obligates a parent to support his or her child. Existing law establishes the Department of Child Support Services within the California Health and Human Services Agency, which administers services and performs functions necessary to establish, collect, and distribute child support. Existing law requires each county to maintain a local child support agency that has the responsibility, among other things, to promptly and effectively establish, modify, and enforce child support obligations. Existing federal law requires the state and county to maintain specified personal information on obligors, including taxpayer identification numbers or other uniform identification numbers for the purposes of administering and enforcing child support obligations.
This bill would modify the personal information of obligors required to be maintained by the state and county to include individual taxpayer identification numbers or other uniform identification numbers, and would make other conforming changes. By increasing the administrative obligations placed on local child support agencies, the bill would impose a state-mandated local program.
(4)Existing law provides for the licensure and regulation of various clinical laboratory personnel and health care professionals, including, but not limited to, the Certified Hemodialysis Technician, certified nurse assistant, certified home health aide, and radiologic technician, by the State Department of Public Health, and makes a violation of those provisions a crime.
This bill would require the State Department of Public Health, no later than July 1, 2019, to require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate, as specified. The bill, among other things, would prohibit the State Department of Public Health from requiring an applicant to disclose citizenship status or immigration status for purposes of licensure, or from denying licensure to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(5)Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority (authority), which is responsible for establishing training, scope of practice, and continuing education for emergency medical technicians and other prehospital personnel, including Emergency Medical Technician-I (EMT-I), Emergency Medical Technician-II (EMT-II), and Emergency Medical Technician-Paramedic (EMT-P), and makes a violation of these provisions a crime. Existing law authorizes each county to designate an emergency medical services (EMS) agency, for the establishment and administration of an emergency medical services program, including the licensure of emergency medical technicians, in the county. Existing law provides for the authoritys sole responsibility to license and regulate paramedics.
This bill would require the authority, no later than July 1, 2019, to require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal certificate with the authority, local EMS agency, or certifying entity. The bill, among other things, would prohibit the authority, local EMS agency, and certifying entity from requiring an applicant to disclose citizenship status or immigration status for purposes of licensure, or from denying certification to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
Because a willful violation of requirements related to the application for a certificate or the renewal of a certificate issued by the State Department of Public Health, the authority, or the local EMS agency would be a crime, the bill would impose a state-mandated local program.
(6)The bill would state the Legislatures intent to utilize the individual taxpayer identification number or social security number for the purpose of establishing identification of persons applying for individual certificates or credentials. The bill would make a related finding and declaration.
(7)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.(7)This bill would incorporate additional changes to Section 30 of the Business and Professions Code proposed by AB 3249 to be operative only if this bill and AB 3249 are enacted and this bill is enacted last.
(8)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law governs professions and vocations that are regulated by various boards within the Department of Consumer Affairs. Existing law requires those boards, the State Bar of California, and the Department of Real Estate to require a licensee, at the time of issuance of a license, to provide specified information, including his or her social security number or individual taxpayer identification number. Existing law provides that the applicants social security number or individual taxpayer identification number information is not a public record and is not open to the public for inspection.
This bill would prohibit a licensing board from requiring an individual to disclose either citizenship status or immigration status for purposes of licensure, or from denying licensure to an otherwise qualified and eligible individual based solely on his or her citizenship status or immigration status.
(2)Existing law requires the Commission on Teacher Credentialing to, among other duties, establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to adopt regulations requiring every applicant for a credential, or for the renewal of a credential, to submit reasonable evidence of identification and good moral character.
This bill, among other things, would require the commission, no later than July 1, 2019, to authorize the use of an individual tax identification number in lieu of a social security number for purposes of applying for a credential, or the renewal of a credential, when an applicant cannot provide his or her social security number.
(3)Existing law obligates a parent to support his or her child. Existing law establishes the Department of Child Support Services within the California Health and Human Services Agency, which administers services and performs functions necessary to establish, collect, and distribute child support. Existing law requires each county to maintain a local child support agency that has the responsibility, among other things, to promptly and effectively establish, modify, and enforce child support obligations. Existing federal law requires the state and county to maintain specified personal information on obligors, including taxpayer identification numbers or other uniform identification numbers for the purposes of administering and enforcing child support obligations.
This bill would modify the personal information of obligors required to be maintained by the state and county to include individual taxpayer identification numbers or other uniform identification numbers, and would make other conforming changes. By increasing the administrative obligations placed on local child support agencies, the bill would impose a state-mandated local program.
(4)Existing law provides for the licensure and regulation of various clinical laboratory personnel and health care professionals, including, but not limited to, the Certified Hemodialysis Technician, certified nurse assistant, certified home health aide, and radiologic technician, by the State Department of Public Health, and makes a violation of those provisions a crime.
This bill would require the State Department of Public Health, no later than July 1, 2019, to require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate. certificate, as specified. The bill, among other things, would prohibit the State Department of Public Health from requiring an applicant to disclose citizenship status or immigration status for purposes of licensure, or from denying licensure to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(2)(5)Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority (authority), which is responsible for establishing training, scope of practice, and continuing education for emergency medical technicians and other prehospital personnel, including Emergency Medical Technician-I (EMT-I), Emergency Medical Technician-II (EMT-II), and Emergency Medical Technician-Paramedic (EMT-P), and makes a violation of these provisions a crime. Existing law authorizes each county to designate an emergency medical services (EMS) agency, for the establishment and administration of an emergency medical services program, including the licensure of emergency medical technicians, in the county. Existing law provides for the authoritys sole responsibility to license and regulate paramedics.
TheThis bill would require the authority, no later than July 1, 2019, to require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal certificate with the authority or authority, local EMS agency. agency, or certifying entity. The bill, among other things, would prohibit the authority, local EMS agency, and certifying entity from requiring an applicant to disclose citizenship status or immigration status for purposes of licensure, or from denying certification to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
Because a willful violation of requirements related to the application for a certificate or the renewal of a certificate issued by the State Department of Public Health, the authority, or the local EMS agency would be a crime, the bill would impose a state-mandated local program.
(3)Existing law requires the Commission on Teacher Credentialing to, among other duties, establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to adopt regulations requiring every applicant for a credential, or for the renewal of a credential, to submit reasonable evidence of identification and good moral character. The bill would require the commission to authorize the use of an individual tax identification number in lieu of a social security number for purposes of applying for a credential, or the renewal of a credential, when an applicant cannot provide his or her social security number.(4)(6)The bill would state the Legislatures intent to utilize the individual taxpayer identification number or social security number for the purpose of establishing identification of persons applying for individual certificates or credentials. The bill would make a related finding and declaration.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.(7)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law provides for the licensure and regulation of various clinical laboratory personnel and health care professionals, including, but not limited to, the Certified Hemodialysis Technician (CHT), certified nurse assistant, certified home health aide, and radiologic technician, by the State Department of Public Health, and makes a violation of those provisions a crime.
This bill would require the applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority (authority), which is responsible for establishing training, scope of practice, and continuing education for emergency medical technicians and other prehospital personnel, including Emergency Medical Technician-I (EMT-I), Emergency Medical Technician-II (EMT-II), and Emergency Medical Technician-Paramedic (EMT-P), and makes a violation of these provisions a crime. Existing law authorizes each county to designate an emergency medical services (EMS) agency, for the establishment and administration of an emergency medical services program, including the licensure of emergency medical technicians, in the county. Existing law provides for the authoritys sole responsibility to license and regulate paramedics.
The bill would require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal certificate with the authority or local EMS agency.
Because a willful violation of requirements related to the application for a certificate or the renewal of a certificate issued by the State Department of Public Health, the authority, or the local EMS agency would be a crime, the bill would impose a state-mandated local program.
(3)Existing law requires the Commission on Teacher Credentialing to, among other duties, establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to adopt regulations requiring every applicant for a credential, or for the renewal of a credential, to submit reasonable evidence of identification and good moral character.
The bill would require the commission to authorize the use of an individual tax identification number in lieu of a social security number for purposes of applying for a credential, or the renewal of a credential, when an applicant cannot provide his or her social security number.
(4)The bill would state the Legislatures intent to utilize the individual taxpayer identification number or social security number for the purpose of establishing identification of persons applying for individual certificates or credentials. The bill would make a related finding and declaration.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1) Existing law provides for the licensure and regulation of various clinical laboratory personnel and health care professionals, including, but not limited to, the Certified Hemodialysis Technician (CHT), certified nurse assistant, certified home health aide, and radiologic technician, by the State Department of Public Health, and makes a violation of those provisions a crime.
This bill would require the applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority (authority), which is responsible for establishing training, scope of practice, and continuing education for emergency medical technicians and other prehospital personnel, including Emergency Medical Technician-I (EMT-I), Emergency Medical Technician-II (EMT-II), and Emergency Medical Technician-Paramedic (EMT-P), and makes a violation of these provisions a crime. Existing law authorizes each county to designate an emergency medical services (EMS) agency, for the establishment and administration of an emergency medical services program, including the licensure of emergency medical technicians, in the county. Existing law provides for the authoritys sole responsibility to license and regulate paramedics.
The bill would require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal certificate with the authority or local EMS agency.
Because a willful violation of requirements related to the application for a certificate or the renewal of a certificate issued by the State Department of Public Health, the authority, or the local EMS agency would be a crime, the bill would impose a state-mandated local program.
Existing(3)Existing law requires the Commission on Teacher Credentialing to, among other duties, establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to adopt regulations requiring every applicant for a credential, or for the renewal of a credential, to submit reasonable evidence of identification and good moral character.
ThisThe bill would require the commission to authorize the use of an individual tax identification number in lieu of a social security number for purposes of applying for a credential, or the renewal of a credential, when an applicant cannot provide his or her social security number.
(4)The bill would state the Legislatures intent to utilize the individual taxpayer identification number or social security number for the purpose of establishing identification of persons applying for individual certificates or credentials. The bill would make a related finding and declaration.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires the Commission on Teacher Credentialing to, among other duties, establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to adopt regulations requiring every applicant for a credential, or for the renewal of a credential, to submit reasonable evidence of identification and good moral character.
This bill would require the commission to authorize the use of an individual tax identification number in lieu of a social security number for purposes of applying for a credential, or the renewal of a credential, when an applicant cannot provide his or her social security number.
Existing law requires persons convicted of specified sex offenses and certain acts of human trafficking for purposes of committing various sex offenses or extortion, as specified, or attempts to commit those offenses, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. Willful failure to register, as required, is a misdemeanor, or a felony, depending on the underlying offense.Existing law requires the Department of Justice to make available to the public information concerning registered sex offenders on an Internet Web site, as specified. Existing law requires that information to include, among other things, whether the offender was subsequently incarcerated for another felony. Existing law also authorizes a person to file an application for exclusion from the Internet Web site and establishes the requirements for exclusion.This bill would instead establish 3 tiers of registration based on specified criteria, for periods of at least 10 years, at least 20 years, and life, respectively, as specified. The bill would establish procedures for termination from the sex offender registry for a registered sex offender who is a tier one or tier two offender and who completes his or her mandated minimum registration period under specified conditions. The bill would require the offender to file a petition at the expiration of his or her minimum registration period and would authorize the district attorney to request a hearing on the petition if the petitioner has not fulfilled the requirement of successful tier completion, as specified. The bill would also authorize a tier three offender who meets specified criteria to petition the court for placement in tier two, as specified. The bill would also revise the criteria for exclusion from the Internet Web site.Existing law requires all basic information stored in state or local criminal offender record information systems to be recorded in the form of specified data elements, including the disposition of the offense.This bill would require that information to include sentence enhancement data elements.Existing law requires persons convicted of specified sex offenses and certain acts of human trafficking for purposes of committing various sex offenses or extortion, as specified, or attempts to commit those offenses, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. Willful failure to register, as required, is a misdemeanor, or a felony, depending on the underlying offense.
Existing law requires the Department of Justice to make available to the public information concerning registered sex offenders on an Internet Web site, as specified. Existing law requires that information to include, among other things, whether the offender was subsequently incarcerated for another felony. Existing law also authorizes a person to file an application for exclusion from the Internet Web site and establishes the requirements for exclusion.
This bill would instead establish 3 tiers of registration based on specified criteria, for periods of at least 10 years, at least 20 years, and life, respectively, as specified. The bill would establish procedures for termination from the sex offender registry for a registered sex offender who is a tier one or tier two offender and who completes his or her mandated minimum registration period under specified conditions. The bill would require the offender to file a petition at the expiration of his or her minimum registration period and would authorize the district attorney to request a hearing on the petition if the petitioner has not fulfilled the requirement of successful tier completion, as specified. The bill would also authorize a tier three offender who meets specified criteria to petition the court for placement in tier two, as specified. The bill would also revise the criteria for exclusion from the Internet Web site.
Existing law requires all basic information stored in state or local criminal offender record information systems to be recorded in the form of specified data elements, including the disposition of the offense.
This bill would require that information to include sentence enhancement data elements.
(a)The Legislature finds and declares that it is in the best interest of the State of California to provide persons who are not lawfully present in the United States with the state benefits provided by licensing entities, including the State Department of Public Health, the Emergency Medical Services Authority, and the Commission on Teacher Credentialing.
(b)It is the intent of the Legislature to utilize the individual taxpayer identification number or social security number for the purpose of establishing identification of persons applying for individual certificates or credentials.
(c)It is the intent of the Legislature that a licensing entity not deny licensure to an otherwise qualified and eligible individual based solely on his or her citizenship status or immigration status.
(d)It is the intent of the Legislature to ensure that a licensing entity update its policies and regulations, no later than July 1, 2019, to no longer require disclosure of citizenship status or immigration status for any applicant.
SEC. 2.Section 30 of the Business and Professions Code, as added by Section 2 of Chapter 828 of the Statutes of 2017, is amended to read:30.(a)(1)Notwithstanding any other law, any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicants social security number for all other applicants.
(2)(A)In accordance with Section 135.5, a board, as defined in Section 22, the State Bar of California, and the Department of Real Estate shall require either the individual taxpayer identification number or social security number if the applicant is an individual for a license or certificate, as defined in subparagraph (2) of subdivision (e), and for purposes of this subdivision.
(B)In implementing the requirements of subparagraph (A), a licensing board shall not require an individual to disclose either citizenship status or immigration status for purposes of licensure.
(C)A licensing board shall not deny licensure to an otherwise qualified and eligible individual based solely on his or her citizenship status or immigration status.
(D)The Legislature finds and declares that the requirements of this subdivision are consistent with subsection (d) of Section 1621 of Title 8 of the United States Code.
(b)A licensee failing to provide the federal employer identification number, or the individual taxpayer identification number or social security number shall be reported by the licensing board to the Franchise Tax Board. If the licensee fails to provide that information after notification pursuant to paragraph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code, the licensee shall be subject to the penalty provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation Code.
(c)In addition to the penalty specified in subdivision (b), a licensing board shall not process an application for an initial license unless the applicant provides its federal employer identification number, or individual taxpayer identification number or social security number where requested on the application.
(d)A licensing board shall, upon request of the Franchise Tax Board or the Employment Development Department, furnish to the board or the department, as applicable, the following information with respect to every licensee:
(1)Name.
(2)Address or addresses of record.
(3)Federal employer identification number if the licensee is a partnership, or the licensees individual taxpayer identification number or social security number for all other licensees.
(4)Type of license.
(5)Effective date of license or a renewal.
(6)Expiration date of license.
(7)Whether license is active or inactive, if known.
(8)Whether license is new or a renewal.
(e)For the purposes of this section:
(1)Licensee means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(2)License includes a certificate, registration, or any other authorization needed to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(3)Licensing board means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate.
(f)The reports required under this section shall be filed on magnetic media or in other machine-readable form, according to standards furnished by the Franchise Tax Board or the Employment Development Department, as applicable.
(g)Licensing boards shall provide to the Franchise Tax Board or the Employment Development Department the information required by this section at a time that the board or the department, as applicable, may require.
(h)Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, a federal employer identification number, individual taxpayer identification number, or social security number furnished pursuant to this section shall not be deemed to be a public record and shall not be open to the public for inspection.
(i)A deputy, agent, clerk, officer, or employee of a licensing board described in subdivision (a), or any former officer or employee or other individual who, in the course of his or her employment or duty, has or has had access to the information required to be furnished under this section, shall not disclose or make known in any manner that information, except as provided pursuant to this section to the Franchise Tax Board, the Employment Development Department, or the Office of the Chancellor of the California Community Colleges, or as provided in subdivisions (j) and (k).
(j)It is the intent of the Legislature in enacting this section to utilize the federal employer identification number, individual taxpayer identification number, or social security number for the purpose of establishing the identification of persons affected by state tax laws, for purposes of compliance with Section 17520 of the Family Code, and for purposes of measuring employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and, to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(k)If the board utilizes a national examination to issue a license, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of any licensing board described in subdivision (a) may release an individual taxpayer identification number or social security number to an examination or licensing entity, only for the purpose of verification of licensure or examination status.
(l)For the purposes of enforcement of Section 17520 of the Family Code, and notwithstanding any other law, a board, as defined in Section 22, the State Bar of California, and the Department of Real Estate shall at the time of issuance of the license require that each licensee provide the individual taxpayer identification number or social security number of each individual listed on the license and any person who qualifies for the license. For the purposes of this subdivision, licensee means an entity that is issued a license by any board, as defined in Section 22, the State Bar of California, the Department of Real Estate, and the Department of Motor Vehicles.
(m)The department shall, upon request by the Office of the Chancellor of the California Community Colleges, furnish to the chancellors office, as applicable, the following information with respect to every licensee:
(1)Name.
(2)Federal employer identification number if the licensee is a partnership, or the licensees individual taxpayer identification number or social security number for all other licensees.
(3)Date of birth.
(4)Type of license.
(5)Effective date of license or a renewal.
(6)Expiration date of license.
(n)The department shall make available information pursuant to subdivision (m) only to allow the chancellors office to measure employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and recommend how these programs may be improved. Licensure information made available by the department pursuant to this section shall not be used for any other purpose.
(o)The department may make available information pursuant to subdivision (m) only to the extent that making the information available complies with state and federal privacy laws.
(p)The department may, by agreement, condition or limit the availability of licensure information pursuant to subdivision (m) in order to ensure the security of the information and to protect the privacy rights of the individuals to whom the information pertains.
(q)All of the following apply to the licensure information made available pursuant to subdivision (m):
(1)It shall be limited to only the information necessary to accomplish the purpose authorized in subdivision (n).
(2)It shall not be used in a manner that permits third parties to personally identify the individual or individuals to whom the information pertains.
(3)Except as provided in subdivision (n), it shall not be shared with or transmitted to any other party or entity without the consent of the individual or individuals to whom the information pertains.
(4)It shall be protected by reasonable security procedures and practices appropriate to the nature of the information to protect that information from unauthorized access, destruction, use, modification, or disclosure.
(5)It shall be immediately and securely destroyed when no longer needed for the purpose authorized in subdivision (n).
(r)The department or the chancellors office may share licensure information with a third party who contracts to perform the function described in subdivision (n), if the third party is required by contract to follow the requirements of this section.
SEC. 2.5.Section 30 of the Business and Professions Code, as added by Section 2 of Chapter 828 of the Statutes of 2017, is amended to read:30.(a)(1)Notwithstanding any other law, any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicants social security number for all other applicants.
(2)(A)In accordance with Section 135.5, a board, as defined in Section 22, the State Bar of California, and the Department of Real Estate shall require either the individual taxpayer identification number or social security number if the applicant is an individual for a license or certificate, as defined in subparagraph (2) of subdivision (e), and for purposes of this subdivision.
(B)In implementing the requirements of subparagraph (A), a licensing board shall not require an individual to disclose either citizenship status or immigration status for purposes of licensure.
(C)A licensing board shall not deny licensure to an otherwise qualified and eligible individual based solely on his or her citizenship status or immigration status.
(D)The Legislature finds and declares that the requirements of this subdivision are consistent with subsection (d) of Section 1621 of Title 8 of the United States Code.
(b)A licensee failing to provide the federal employer identification number, or the individual taxpayer identification number or social security number shall be reported by the licensing board to the Franchise Tax Board. If the licensee fails to provide that information after notification pursuant to paragraph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code, the licensee shall be subject to the penalty provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation Code.
(c)In addition to the penalty specified in subdivision (b), a licensing board shall not process an application for an initial license unless the applicant provides its federal employer identification number, or individual taxpayer identification number or social security number where requested on the application.
(d)A licensing board shall, upon request of the Franchise Tax Board or the Employment Development Department, furnish to the board or the department, as applicable, the following information with respect to every licensee:
(1)Name.
(2)Address or addresses of record.
(3)Federal employer identification number if the licensee is a partnership, or the licensees individual taxpayer identification number or social security number for all other licensees.
(4)Type of license.
(5)Effective date of license or a renewal.
(6)Expiration date of license.
(7)Whether license is active or inactive, if known.
(8)Whether license is new or a renewal.
(e)For the purposes of this section:
(1)Licensee means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(2)License includes a certificate, registration, or any other authorization needed to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(3)Licensing board means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate.
(f)The reports required under this section shall be filed on magnetic media or in other machine-readable form, according to standards furnished by the Franchise Tax Board or the Employment Development Department, as applicable.
(g)Licensing boards shall provide to the Franchise Tax Board or the Employment Development Department the information required by this section at a time that the board or the department, as applicable, may require.
(h)Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, a federal employer identification number, individual taxpayer identification number, or social security number furnished pursuant to this section shall not be deemed to be a public record and shall not be open to the public for inspection.
(i)A deputy, agent, clerk, officer, or employee of a licensing board described in subdivision (a), or any former officer or employee or other individual who, in the course of his or her employment or duty, has or has had access to the information required to be furnished under this section, shall not disclose or make known in any manner that information, except as provided pursuant to this section, to the Franchise Tax Board, the Employment Development Department, the Office of the Chancellor of the California Community Colleges, a collections agency contracted to collect funds owed to the State Bar by licensees pursuant to Sections 6086.10 and 6140.5, or as provided in subdivisions (j) and (k).
(j)It is the intent of the Legislature in enacting this section to utilize the federal employer identification number, individual taxpayer identification number, or social security number for the purpose of establishing the identification of persons affected by state tax laws, for purposes of compliance with Section 17520 of the Family Code, for purposes of measuring employment outcomes of students who participate in career technical education programs offered by the California Community Colleges, and for purposes of collecting funds owed to the State Bar by licensees pursuant to Section 6086.10 and Section 6140.5 and, to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(k)If the board utilizes a national examination to issue a license, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of any licensing board described in subdivision (a) may release an individual taxpayer identification number or social security number to an examination or licensing entity, only for the purpose of verification of licensure or examination status.
(l)For the purposes of enforcement of Section 17520 of the Family Code, and notwithstanding any other law, a board, as defined in Section 22, the State Bar of California, and the Department of Real Estate shall at the time of issuance of the license require that each licensee provide the individual taxpayer identification number or social security number of each individual listed on the license and any person who qualifies for the license. For the purposes of this subdivision, licensee means an entity that is issued a license by any board, as defined in Section 22, the State Bar of California, the Department of Real Estate, and the Department of Motor Vehicles.
(m)The department shall, upon request by the Office of the Chancellor of the California Community Colleges, furnish to the chancellors office, as applicable, the following information with respect to every licensee:
(1)Name.
(2)Federal employer identification number if the licensee is a partnership, or the licensees individual taxpayer identification number or social security number for all other licensees.
(3)Date of birth.
(4)Type of license.
(5)Effective date of license or a renewal.
(6)Expiration date of license.
(n)The department shall make available information pursuant to subdivision (m) only to allow the chancellors office to measure employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and recommend how these programs may be improved. Licensure information made available by the department pursuant to this section shall not be used for any other purpose.
(o)The department may make available information pursuant to subdivision (m) only to the extent that making the information available complies with state and federal privacy laws.
(p)The department may, by agreement, condition or limit the availability of licensure information pursuant to subdivision (m) in order to ensure the security of the information and to protect the privacy rights of the individuals to whom the information pertains.
(q)All of the following apply to the licensure information made available pursuant to subdivision (m):
(1)It shall be limited to only the information necessary to accomplish the purpose authorized in subdivision (n).
(2)It shall not be used in a manner that permits third parties to personally identify the individual or individuals to whom the information pertains.
(3)Except as provided in subdivision (n), it shall not be shared with or transmitted to any other party or entity without the consent of the individual or individuals to whom the information pertains.
(4)It shall be protected by reasonable security procedures and practices appropriate to the nature of the information to protect that information from unauthorized access, destruction, use, modification, or disclosure.
(5)It shall be immediately and securely destroyed when no longer needed for the purpose authorized in subdivision (n).
(r)The department or the chancellors office may share licensure information with a third party who contracts to perform the function described in subdivision (n), if the third party is required by contract to follow the requirements of this section.
SEC. 3.Section 1247.61 of the Business and Professions Code is amended to read:1247.61.To be certified by the department as a Certified Hemodialysis Technician (CHT), a person shall meet all of the following requirements:
(a)Have a high school diploma or equivalency, or have greater than four years of work experience in dialysis as of October 14, 2008.
(b)Have successfully completed a training program that is approved by the medical director and governing body of a hemodialysis clinic or unit, under the direction of a registered nurse. Following approval by the medical director and governing body, the training program shall be submitted to the department for approval. The training program shall be approved by the department prior to implementation. The training program shall focus on the operation of kidney dialysis equipment and machines, providing direct patient care, and communication and interpersonal skills, including patient sensitivity training and care of difficult patients. For purposes of this subdivision, a person successfully completes a training program if he or she completes all didactic portions of the program and demonstrates competency in the knowledge and skills provided by the program.
(1)The training program shall include all of the following subjects, at a minimum:
(A)Principles of dialysis.
(B)Care of patients with kidney failure, including interpersonal skills.
(C)Dialysis procedures and documentation, including initiation, proper cannulation techniques, monitoring, and termination of dialysis.
(D)Possible complications of dialysis.
(E)Water treatment and dialysate preparation.
(F)Infection control.
(G)Safety.
(H)Dialyzer reprocessing, if applicable.
(2)A community or corporate-based training program, or a training program offered by an educational institution, is acceptable if the program meets the requirements of this subdivision.
(3)A person employed as a hemodialysis technician by a hemodialysis clinic or unit for more than two years as of October 14, 2008, who does not have documentation of having successfully completed a training program meeting the requirements of this subdivision, shall be deemed to be in compliance with this subdivision by doing both of the following:
(A)Passing a written exam, offered by a hemodialysis clinic or unit, or a community or corporate-based training program that meets the requirements of this chapter, covering the subjects listed in paragraph (1).
(B)Passing a skills checklist through observation by a registered nurse of the skills listed in paragraph (1).
(c)Successfully accomplish either of the following:
(1)Pass a standardized test that is approved by the department and that covers the subjects listed in paragraph (1) of subdivision (b) and in Section 1247.5. This test shall be administered in a proctored environment by an independent examiner. For purposes of this subdivision, independent examiners may include representatives appointed by End-Stage Renal Disease Network 17, End-Stage Renal Disease Network 18, the California Dialysis Council, or any private testing organization approved by the department for that purpose.
(2)Successfully pass an examination offered by a national, commercially available certification program for hemodialysis technicians which is approved for this purpose by the Centers for Medicare and Medicaid Services.
(d)(1)No later than July 1, 2019, the department shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for or the renewal of a certificate issued under this section or regulations promulgated pursuant thereto.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification number or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The department shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny certification to an applicant based solely on his or her citizenship status or immigration status.
SEC. 4.Section 44339.5 is added to the Education Code, to read:44339.5.(a)The commission, by July 1, 2019, shall authorize the use of an individual tax identification number in lieu of a social security number for purposes of applying for a credential, or the renewal of a credential, when an applicant cannot provide his or her social security number.
(b)An applicant shall not be required to disclose citizenship status or immigration status for purposes of the application or renewal of a credential.
(c)An applicant shall not be denied a credential based solely on his or her citizenship status or immigration status if otherwise qualified and eligible for the credential.
SEC. 5.Section 4014 of the Family Code is amended to read:4014.(a)Any order for child support issued or modified pursuant to this chapter shall include a provision requiring the obligor and child support obligee to notify the other parent or, if the order requires payment through an agency designated under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the agency named in the order, of the name and address of his or her current employer.
(b)The requirements set forth in this subdivision apply only in cases in which the local child support agency is not providing child support services pursuant to Section 17400. To the extent required by federal law, and subject to applicable confidentiality provisions of state or federal law, any judgment for paternity and any order for child support entered or modified pursuant to any provision of law shall include a provision requiring the child support obligor and obligee to file with the court all of the following information:
(1)Residential and mailing address.
(2)Social security number, individual taxpayer identification number, or other uniform identification number.
(3)Telephone number.
(4)Drivers license number or identification card number issued by the Department of Motor Vehicles.
(5)Name, address, and telephone number of the employer.
(6)Any other information prescribed by the Judicial Council.
The judgment or order shall specify that each parent is responsible for providing his or her own information, that the information must be filed with the court within 10 days of the court order, and that new or different information must be filed with the court within 10 days after any event causing a change in the previously provided information.
(c)The requirements set forth in this subdivision shall only apply in cases in which the local child support agency is not providing child support services pursuant to Section 17400. Once the child support registry, as described in Section 17391 is operational, any judgment for paternity and any order for child support entered or modified pursuant to any provision of law shall include a provision requiring the child support obligor and obligee to file and keep updated the information specified in subdivision (b) with the child support registry.
(d)The Judicial Council shall develop forms to implement this section. The forms shall be developed so as not to delay the implementation of the Statewide Child Support Registry described in Section 17391 and shall be available no later than 30 days prior to the implementation of the Statewide Child Support Registry.
SEC. 6.Section 17506 of the Family Code is amended to read:17506.(a)There is in the department a California Parent Locator Service and Central Registry that shall collect and disseminate all of the following, with respect to any parent, putative parent, spouse, or former spouse:
(1)The full and true name of the parent together with any known aliases.
(2)Date and place of birth.
(3)Physical description.
(4)Social security number, individual taxpayer identification number, or other uniform identification number.
(5)Employment history and earnings.
(6)Military status and Veterans Administration or military service serial number.
(7)Last known address, telephone number, and date thereof.
(8)Drivers license number or identification card number issued by the Department of Motor Vehicles, driving record, and vehicle registration information.
(9)Criminal, licensing, and applicant records and information.
(10)(A)Any additional location, asset, and income information, including income tax return information obtained pursuant to Section 19548 of the Revenue and Taxation Code, and to the extent permitted by federal law, the address, telephone number, and social security number obtained from a public utility, cable television corporation, a provider of electronic digital pager communication, or a provider of mobile telephony services that may be of assistance in locating the parent, putative parent, abducting, concealing, or detaining parent, spouse, or former spouse, in establishing a parent and child relationship, in enforcing the child support liability of the absent parent, or enforcing the spousal support liability of the spouse or former spouse to the extent required by the state plan pursuant to Section 17604.
(B)For purposes of this subdivision, income tax return information means all of the following regarding the taxpayer:
(i)Assets.
(ii)Credits.
(iii)Deductions.
(iv)Exemptions.
(v)Identity.
(vi)Liabilities.
(vii)Nature, source, and amount of income.
(viii)Net worth.
(ix)Payments.
(x)Receipts.
(xi)Address.
(xii)Social security number, individual taxpayer identification number, or other uniform identification number.
(b)Pursuant to a letter of agreement entered into between the Department of Child Support Services and the Department of Justice, the Department of Child Support Services shall assume responsibility for the California Parent Locator Service and Central Registry. The letter of agreement shall, at a minimum, set forth all of the following:
(1)Contingent upon funding in the Budget Act, the Department of Child Support Services shall assume responsibility for leadership and staff of the California Parent Locator Service and Central Registry commencing July 1, 2003.
(2)All employees and other personnel who staff or provide support for the California Parent Locator Service and Central Registry shall, at the time of the transition, at their option, become the employees of the Department of Child Support Services at their existing or equivalent classification, salaries, and benefits.
(3)Until the departments automation system for the California Parent Locator Service and Central Registry functions is fully operational, the department shall use the automation system operated by the Department of Justice.
(4)Any other provisions necessary to ensure continuity of function and meet or exceed existing levels of service.
(c)To effectuate the purposes of this section, the California Child Support Enforcement System and the California Parent Locator Service and Central Registry shall utilize the federal Parent Locator Service to the extent necessary, and may request and shall receive from all departments, boards, bureaus, or other agencies of the state, or any of its political subdivisions, and those entities shall provide, that assistance and data that will enable the Department of Child Support Services and other public agencies to carry out their powers and duties to locate parents, spouses, and former spouses, and to identify their assets, to establish parent-child relationships, and to enforce liability for child or spousal support, and for any other obligations incurred on behalf of children, and shall also provide that information to any local child support agency in fulfilling the duties prescribed in Section 270 of the Penal Code, and in Chapter 8 (commencing with Section 3130) of Part 2 of Division 8 of this code, relating to abducted, concealed, or detained children and to any county child welfare agency or county probation department in fulfilling the duties prescribed in Article 5.5 (commencing with Section 290.1) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, and prescribed in Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code to identify, locate, and notify parents or relatives of children who are the subject of juvenile court proceedings, to establish parent and child relationships pursuant to Section 316.2 of the Welfare and Institutions Code, and to assess the appropriateness of placement of a child with a noncustodial parent pursuant to Section 361.2 of the Welfare and Institutions Code. Consistent with paragraph (1) of subdivision (e) of Section 309 of, and paragraph (2) of subdivision (d) of Section 628 of, the Welfare and Institutions Code, in order for county child welfare and probation departments to carry out their duties to identify and locate all grandparents, adult siblings, and other adult relatives of the child as defined in paragraph (2) of subdivision (f) of Section 319 of the Welfare and Institutions Code, including any other adult relatives suggested by the parents, county personnel are permitted to request and receive information from the California Parent Locator Service and Federal Parent Locator Service. County child welfare agencies and probation departments shall be entitled to the information described in this subdivision regardless of whether an all-county letter or similar instruction is issued pursuant to subparagraph (C) of paragraph (8) of subdivision (c) of Section 11478.1 of the Welfare and Institutions Code. The California Child Support Enforcement System shall be entitled to the same cooperation and information as the California Parent Locator Service and Central Registry to the extent allowed by law. The California Child Support Enforcement System shall be allowed access to criminal record information only to the extent that access is allowed by state and federal law.
(d)(1)To effectuate the purposes of this section, and notwithstanding any other law, regulation, or tariff, and to the extent permitted by federal law, the California Parent Locator Service and Central Registry and the California Child Support Enforcement System may request and shall receive from public utilities, as defined in Section 216 of the Public Utilities Code, customer service information, including the full name, address, telephone number, date of birth, employer name and address, and social security number of customers of the public utility, to the extent that this information is stored within the computer database of the public utility.
(2)To effectuate the purposes of this section, and notwithstanding any other law, regulation, or tariff, and to the extent permitted by federal law, the California Parent Locator Service and Central Registry and the California Child Support Enforcement System may request and shall receive from cable television corporations, as defined in Section 216.4 of the Public Utilities Code, the providers of electronic digital pager communication, as defined in Section 629.51 of the Penal Code, and the providers of mobile telephony services, as defined in Section 224.4 of the Public Utilities Code, customer service information, including the full name, address, telephone number, date of birth, employer name and address, and social security number of customers of the cable television corporation, customers of the providers of electronic digital pager communication, and customers of the providers of mobile telephony services.
(3)In order to protect the privacy of utility, cable television, electronic digital pager communication, and mobile telephony service customers, a request to a public utility, cable television corporation, provider of electronic digital pager communication, or provider of mobile telephony services for customer service information pursuant to this section shall meet the following requirements:
(A)Be submitted to the public utility, cable television corporation, provider of electronic digital pager communication, or provider of mobile telephony services in writing, on a transmittal document prepared by the California Parent Locator Service and Central Registry or the California Child Support Enforcement System and approved by all of the public utilities, cable television corporations, providers of electronic digital pager communication, and providers of mobile telephony services. The transmittal shall be deemed to be an administrative subpoena for customer service information.
(B)Have the signature of a representative authorized by the California Parent Locator Service and Central Registry or the California Child Support Enforcement System.
(C)Contain at least three of the following data elements regarding the person sought:
(i)First and last name, and middle initial, if known.
(ii)Social security number.
(iii)Drivers license number or identification card number issued by the Department of Motor Vehicles.
(iv)Birth date.
(v)Last known address.
(vi)Spouses name.
(D)The California Parent Locator Service and Central Registry and the California Child Support Enforcement System shall ensure that each public utility, cable television corporation, provider of electronic digital pager communication services, and provider of mobile telephony services has at all times a current list of the names of persons authorized to request customer service information.
(E)The California Child Support Enforcement System and the California Parent Locator Service and Central Registry shall ensure that customer service information supplied by a public utility, cable television corporation, provider of electronic digital pager communication, or provider of mobile telephony services is applicable to the person who is being sought before releasing the information pursuant to subdivision (d).
(4)During the development of the California Child Support Enforcement System, the department shall determine the necessity of additional locate sources, including those specified in this section, based upon the cost-effectiveness of those sources.
(5)The public utility, cable television corporation, electronic digital pager communication provider, or mobile telephony service provider may charge a fee to the California Parent Locator Service and Central Registry or the California Child Support Enforcement System for each search performed pursuant to this subdivision to cover the actual costs to the public utility, cable television corporation, electronic digital pager communication provider, or mobile telephony service provider for providing this information.
(6)No public utility, cable television corporation, electronic digital pager communication provider, or mobile telephony service provider or official or employee thereof, shall be subject to criminal or civil liability for the release of customer service information as authorized by this subdivision.
(e)Notwithstanding Section 14203 of the Penal Code, any records established pursuant to this section shall be disseminated only to the Department of Child Support Services, the California Child Support Enforcement System, the California Parent Locator Service and Central Registry, the parent locator services and central registries of other states as defined by federal statutes and regulations, a local child support agency of any county in this state, and the federal Parent Locator Service. The California Child Support Enforcement System shall be allowed access to criminal offender record information only to the extent that access is allowed by law.
(f)(1)At no time shall any information received by the California Parent Locator Service and Central Registry or by the California Child Support Enforcement System be disclosed to any person, agency, or other entity, other than those persons, agencies, and entities specified pursuant to Section 17505, this section, or any other provision.
(2)This subdivision shall not otherwise affect discovery between parties in any action to establish, modify, or enforce child, family, or spousal support, that relates to custody or visitation.
(g)(1)The Department of Justice, in consultation with the Department of Child Support Services, shall promulgate rules and regulations to facilitate maximum and efficient use of the California Parent Locator Service and Central Registry. Upon implementation of the California Child Support Enforcement System, the Department of Child Support Services shall assume all responsibility for promulgating rules and regulations for use of the California Parent Locator Service and Central Registry.
(2)The Department of Child Support Services, the Public Utilities Commission, the cable television corporations, providers of electronic digital pager communication, and the providers of mobile telephony services shall develop procedures for obtaining the information described in subdivision (c) from public utilities, cable television corporations, providers of electronic digital pager communication, and providers of mobile telephony services and for compensating the public utilities, cable television corporations, providers of electronic digital pager communication, and providers of mobile telephony services for providing that information.
(h)The California Parent Locator Service and Central Registry may charge a fee not to exceed eighteen dollars ($18) for any service it provides pursuant to this section that is not performed or funded pursuant to Section 651 and following of Title 42 of the United States Code.
(i)This section shall be construed in a manner consistent with the other provisions of this article.
SEC. 7.Section 17520 of the Family Code is amended to read:17520.(a)As used in this section:
(1)Applicant means a person applying for issuance or renewal of a license.
(2)Board means an entity specified in Section 101 of the Business and Professions Code, the entities referred to in Sections 1000 and 3600 of the Business and Professions Code, the State Bar of California, the Department of Real Estate, the Department of Motor Vehicles, the Secretary of State, the Department of Fish and Wildlife, and any other state commission, department, committee, examiner, or agency that issues a license, certificate, credential, permit, registration, or any other authorization to engage in a business, occupation, or profession, or to the extent required by federal law or regulations, for recreational purposes. This term includes all boards, commissions, departments, committees, examiners, entities, and agencies that issue a license, certificate, credential, permit, registration, or any other authorization to engage in a business, occupation, or profession. The failure to specifically name a particular board, commission, department, committee, examiner, entity, or agency that issues a license, certificate, credential, permit, registration, or any other authorization to engage in a business, occupation, or profession does not exclude that board, commission, department, committee, examiner, entity, or agency from this term.
(3)Certified list means a list provided by the local child support agency to the Department of Child Support Services in which the local child support agency verifies, under penalty of perjury, that the names contained therein are support obligors found to be out of compliance with a judgment or order for support in a case being enforced under Title IV-D of the federal Social Security Act.
(4)Compliance with a judgment or order for support means that, as set forth in a judgment or order for child or family support, the obligor is no more than 30 calendar days in arrears in making payments in full for current support, in making periodic payments in full, whether court ordered or by agreement with the local child support agency, on a support arrearage, or in making periodic payments in full, whether court ordered or by agreement with the local child support agency, on a judgment for reimbursement for public assistance, or has obtained a judicial finding that equitable estoppel as provided in statute or case law precludes enforcement of the order. The local child support agency is authorized to use this section to enforce orders for spousal support only when the local child support agency is also enforcing a related child support obligation owed to the obligee parent by the same obligor, pursuant to Sections 17400 and 17604.
(5)License includes membership in the State Bar of California, and a certificate, credential, permit, registration, or any other authorization issued by a board that allows a person to engage in a business, occupation, or profession, or to operate a commercial motor vehicle, including appointment and commission by the Secretary of State as a notary public. License also includes any drivers license issued by the Department of Motor Vehicles, any commercial fishing license issued by the Department of Fish and Wildlife, and to the extent required by federal law or regulations, any license used for recreational purposes. This term includes all licenses, certificates, credentials, permits, registrations, or any other authorization issued by a board that allows a person to engage in a business, occupation, or profession. The failure to specifically name a particular type of license, certificate, credential, permit, registration, or other authorization issued by a board that allows a person to engage in a business, occupation, or profession, does not exclude that license, certificate, credential, permit, registration, or other authorization from this term.
(6)Licensee means a person holding a license, certificate, credential, permit, registration, or other authorization issued by a board, to engage in a business, occupation, or profession, or a commercial drivers license as defined in Section 15210 of the Vehicle Code, including an appointment and commission by the Secretary of State as a notary public. Licensee also means a person holding a drivers license issued by the Department of Motor Vehicles, a person holding a commercial fishing license issued by the Department of Fish and Game, and to the extent required by federal law or regulations, a person holding a license used for recreational purposes. This term includes all persons holding a license, certificate, credential, permit, registration, or any other authorization to engage in a business, occupation, or profession, and the failure to specifically name a particular type of license, certificate, credential, permit, registration, or other authorization issued by a board does not exclude that person from this term. For licenses issued to an entity that is not an individual person, licensee includes an individual who is either listed on the license or who qualifies for the license.
(b)The local child support agency shall maintain a list of those persons included in a case being enforced under Title IV-D of the federal Social Security Act against whom a support order or judgment has been rendered by, or registered in, a court of this state, and who are not in compliance with that order or judgment. The local child support agency shall submit a certified list with the names, social security numbers, individual taxpayer identification numbers, or other uniform identification numbers, and last known addresses of these persons and the name, address, and telephone number of the local child support agency who certified the list to the department. The local child support agency shall verify, under penalty of perjury, that the persons listed are subject to an order or judgment for the payment of support and that these persons are not in compliance with the order or judgment. The local child support agency shall submit to the department an updated certified list on a monthly basis.
(c)The department shall consolidate the certified lists received from the local child support agencies and, within 30 calendar days of receipt, shall provide a copy of the consolidated list to each board that is responsible for the regulation of licenses, as specified in this section.
(d)On or before November 1, 1992, or as soon thereafter as economically feasible, as determined by the department, all boards subject to this section shall implement procedures to accept and process the list provided by the department, in accordance with this section. Notwithstanding any other law, all boards shall collect social security numbers or individual taxpayer identification numbers from all applicants for the purposes of matching the names of the certified list provided by the department to applicants and licensees and of responding to requests for this information made by child support agencies.
(e)(1)Promptly after receiving the certified consolidated list from the department, and prior to the issuance or renewal of a license, each board shall determine whether the applicant is on the most recent certified consolidated list provided by the department. The board shall have the authority to withhold issuance or renewal of the license of an applicant on the list.
(2)If an applicant is on the list, the board shall immediately serve notice as specified in subdivision (f) on the applicant of the boards intent to withhold issuance or renewal of the license. The notice shall be made personally or by mail to the applicants last known mailing address on file with the board. Service by mail shall be complete in accordance with Section 1013 of the Code of Civil Procedure.
(A)The board shall issue a temporary license valid for a period of 150 days to any applicant whose name is on the certified list if the applicant is otherwise eligible for a license.
(B)Except as provided in subparagraph (D), the 150-day time period for a temporary license shall not be extended. Except as provided in subparagraph (D), only one temporary license shall be issued during a regular license term and it shall coincide with the first 150 days of that license term. As this paragraph applies to commercial drivers licenses, license term shall be deemed to be 12 months from the date the application fee is received by the Department of Motor Vehicles. A license for the full or remainder of the license term shall be issued or renewed only upon compliance with this section.
(C)In the event that a license or application for a license or the renewal of a license is denied pursuant to this section, any funds paid by the applicant or licensee shall not be refunded by the board.
(D)This paragraph shall apply only in the case of a drivers license, other than a commercial drivers license. Upon the request of the local child support agency or by order of the court upon a showing of good cause, the board shall extend a 150-day temporary license for a period not to exceed 150 extra days.
(3)(A)The department may, when it is economically feasible for the department and the boards to do so as determined by the department, in cases where the department is aware that certain child support obligors listed on the certified lists have been out of compliance with a judgment or order for support for more than four months, provide a supplemental list of these obligors to each board with which the department has an interagency agreement to implement this paragraph. Upon request by the department, the licenses of these obligors shall be subject to suspension, provided that the licenses would not otherwise be eligible for renewal within six months from the date of the request by the department. The board shall have the authority to suspend the license of any licensee on this supplemental list.
(B)If a licensee is on a supplemental list, the board shall immediately serve notice as specified in subdivision (f) on the licensee that his or her license will be automatically suspended 150 days after notice is served, unless compliance with this section is achieved. The notice shall be made personally or by mail to the licensees last known mailing address on file with the board. Service by mail shall be complete in accordance with Section 1013 of the Code of Civil Procedure.
(C)The 150-day notice period shall not be extended.
(D)In the event that any license is suspended pursuant to this section, any funds paid by the licensee shall not be refunded by the board.
(E)This paragraph shall not apply to licenses subject to annual renewal or annual fee.
(f)Notices shall be developed by each board in accordance with guidelines provided by the department and subject to approval by the department. The notice shall include the address and telephone number of the local child support agency that submitted the name on the certified list, and shall emphasize the necessity of obtaining a release from that local child support agency as a condition for the issuance, renewal, or continued valid status of a license or licenses.
(1)In the case of applicants not subject to paragraph (3) of subdivision (e), the notice shall inform the applicant that the board shall issue a temporary license, as provided in subparagraph (A) of paragraph (2) of subdivision (e), for 150 calendar days if the applicant is otherwise eligible and that upon expiration of that time period the license will be denied unless the board has received a release from the local child support agency that submitted the name on the certified list.
(2)In the case of licensees named on a supplemental list, the notice shall inform the licensee that his or her license will continue in its existing status for no more than 150 calendar days from the date of mailing or service of the notice and thereafter will be suspended indefinitely unless, during the 150-day notice period, the board has received a release from the local child support agency that submitted the name on the certified list. Additionally, the notice shall inform the licensee that any license suspended under this section will remain so until the expiration of the remaining license term, unless the board receives a release along with applications and fees, if applicable, to reinstate the license during the license term.
(3)The notice shall also inform the applicant or licensee that if an application is denied or a license is suspended pursuant to this section, any funds paid by the applicant or licensee shall not be refunded by the board. The Department of Child Support Services shall also develop a form that the applicant shall use to request a review by the local child support agency. A copy of this form shall be included with every notice sent pursuant to this subdivision.
(g)(1)Each local child support agency shall maintain review procedures consistent with this section to allow an applicant to have the underlying arrearage and any relevant defenses investigated, to provide an applicant information on the process of obtaining a modification of a support order, or to provide an applicant assistance in the establishment of a payment schedule on arrearages if the circumstances so warrant.
(2)It is the intent of the Legislature that a court or local child support agency, when determining an appropriate payment schedule for arrearages, base its decision on the facts of the particular case and the priority of payment of child support over other debts. The payment schedule shall also recognize that certain expenses may be essential to enable an obligor to be employed. Therefore, in reaching its decision, the court or the local child support agency shall consider both of these goals in setting a payment schedule for arrearages.
(h)If the applicant wishes to challenge the submission of his or her name on the certified list, the applicant shall make a timely written request for review to the local child support agency who certified the applicants name. A request for review pursuant to this section shall be resolved in the same manner and timeframe provided for resolution of a complaint pursuant to Section 17800. The local child support agency shall immediately send a release to the appropriate board and the applicant, if any of the following conditions are met:
(1)The applicant is found to be in compliance or negotiates an agreement with the local child support agency for a payment schedule on arrearages or reimbursement.
(2)The applicant has submitted a request for review, but the local child support agency will be unable to complete the review and send notice of its findings to the applicant within the time specified in Section 17800.
(3)The applicant has filed and served a request for judicial review pursuant to this section, but a resolution of that review will not be made within 150 days of the date of service of notice pursuant to subdivision (f). This paragraph applies only if the delay in completing the judicial review process is not the result of the applicants failure to act in a reasonable, timely, and diligent manner upon receiving the local child support agencys notice of findings.
(4)The applicant has obtained a judicial finding of compliance as defined in this section.
(i)An applicant is required to act with diligence in responding to notices from the board and the local child support agency with the recognition that the temporary license will lapse or the license suspension will go into effect after 150 days and that the local child support agency and, where appropriate, the court must have time to act within that period. An applicants delay in acting, without good cause, which directly results in the inability of the local child support agency to complete a review of the applicants request or the court to hear the request for judicial review within the 150-day period shall not constitute the diligence required under this section which would justify the issuance of a release.
(j)Except as otherwise provided in this section, the local child support agency shall not issue a release if the applicant is not in compliance with the judgment or order for support. The local child support agency shall notify the applicant in writing that the applicant may, by filing an order to show cause or notice of motion, request any or all of the following:
(1)Judicial review of the local child support agencys decision not to issue a release.
(2)A judicial determination of compliance.
(3)A modification of the support judgment or order.
The notice shall also contain the name and address of the court in which the applicant shall file the order to show cause or notice of motion and inform the applicant that his or her name shall remain on the certified list if the applicant does not timely request judicial review. The applicant shall comply with all statutes and rules of court regarding orders to show cause and notices of motion.
This section shall not be deemed to limit an applicant from filing an order to show cause or notice of motion to modify a support judgment or order or to fix a payment schedule on arrearages accruing under a support judgment or order or to obtain a court finding of compliance with a judgment or order for support.
(k)The request for judicial review of the local child support agencys decision shall state the grounds for which review is requested and judicial review shall be limited to those stated grounds. The court shall hold an evidentiary hearing within 20 calendar days of the filing of the request for review. Judicial review of the local child support agencys decision shall be limited to a determination of each of the following issues:
(1)Whether there is a support judgment, order, or payment schedule on arrearages or reimbursement.
(2)Whether the petitioner is the obligor covered by the support judgment or order.
(3)Whether the support obligor is or is not in compliance with the judgment or order of support.
(4)(A)The extent to which the needs of the obligor, taking into account the obligors payment history and the current circumstances of both the obligor and the obligee, warrant a conditional release as described in this subdivision.
(B)The request for judicial review shall be served by the applicant upon the local child support agency that submitted the applicants name on the certified list within seven calendar days of the filing of the petition. The court has the authority to uphold the action, unconditionally release the license, or conditionally release the license.
(C)If the judicial review results in a finding by the court that the obligor is in compliance with the judgment or order for support, the local child support agency shall immediately send a release in accordance with subdivision (l) to the appropriate board and the applicant. If the judicial review results in a finding by the court that the needs of the obligor warrant a conditional release, the court shall make findings of fact stating the basis for the release and the payment necessary to satisfy the unrestricted issuance or renewal of the license without prejudice to a later judicial determination of the amount of support arrearages, including interest, and shall specify payment terms, compliance with which are necessary to allow the release to remain in effect.
(l)The department shall prescribe release forms for use by local child support agencies. When the obligor is in compliance, the local child support agency shall mail to the applicant and the appropriate board a release stating that the applicant is in compliance. The receipt of a release shall serve to notify the applicant and the board that, for the purposes of this section, the applicant is in compliance with the judgment or order for support. Any board that has received a release from the local child support agency pursuant to this subdivision shall process the release within five business days of its receipt.
If the local child support agency determines subsequent to the issuance of a release that the applicant is once again not in compliance with a judgment or order for support, or with the terms of repayment as described in this subdivision, the local child support agency may notify the board, the obligor, and the department in a format prescribed by the department that the obligor is not in compliance.
The department may, when it is economically feasible for the department and the boards to develop an automated process for complying with this subdivision, notify the boards in a manner prescribed by the department, that the obligor is once again not in compliance. Upon receipt of this notice, the board shall immediately notify the obligor on a form prescribed by the department that the obligors license will be suspended on a specific date, and this date shall be no longer than 30 days from the date the form is mailed. The obligor shall be further notified that the license will remain suspended until a new release is issued in accordance with subdivision (h). Nothing in this section shall be deemed to limit the obligor from seeking judicial review of suspension pursuant to the procedures described in subdivision (k).
(m)The department may enter into interagency agreements with the state agencies that have responsibility for the administration of boards necessary to implement this section, to the extent that it is cost effective to implement this section. These agreements shall provide for the receipt by the other state agencies and boards of federal funds to cover that portion of costs allowable in federal law and regulation and incurred by the state agencies and boards in implementing this section. Notwithstanding any other provision of law, revenue generated by a board or state agency shall be used to fund the nonfederal share of costs incurred pursuant to this section. These agreements shall provide that boards shall reimburse the department for the nonfederal share of costs incurred by the department in implementing this section. The boards shall reimburse the department for the nonfederal share of costs incurred pursuant to this section from moneys collected from applicants and licensees.
(n)Notwithstanding any other law, in order for the boards subject to this section to be reimbursed for the costs incurred in administering its provisions, the boards may, with the approval of the appropriate department director, levy on all licensees and applicants a surcharge on any fee or fees collected pursuant to law, or, alternatively, with the approval of the appropriate department director, levy on the applicants or licensees named on a certified list or supplemental list, a special fee.
(o)The process described in subdivision (h) shall constitute the sole administrative remedy for contesting the issuance of a temporary license or the denial or suspension of a license under this section. The procedures specified in the administrative adjudication provisions of the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply to the denial, suspension, or failure to issue or renew a license or the issuance of a temporary license pursuant to this section.
(p)In furtherance of the public policy of increasing child support enforcement and collections, on or before November 1, 1995, the State Department of Social Services shall make a report to the Legislature and the Governor based on data collected by the boards and the district attorneys in a format prescribed by the State Department of Social Services. The report shall contain all of the following:
(1)The number of delinquent obligors certified by district attorneys under this section.
(2)The number of support obligors who also were applicants or licensees subject to this section.
(3)The number of new licenses and renewals that were delayed, temporary licenses issued, and licenses suspended subject to this section and the number of new licenses and renewals granted and licenses reinstated following board receipt of releases as provided by subdivision (h) by May 1, 1995.
(4)The costs incurred in the implementation and enforcement of this section.
(q)Any board receiving an inquiry as to the licensed status of an applicant or licensee who has had a license denied or suspended under this section or has been granted a temporary license under this section shall respond only that the license was denied or suspended or the temporary license was issued pursuant to this section. Information collected pursuant to this section by any state agency, board, or department shall be subject to the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).
(r)Any rules and regulations issued pursuant to this section by any state agency, board, or department may be adopted as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of these regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. The regulations shall become effective immediately upon filing with the Secretary of State.
(s)The department and boards, as appropriate, shall adopt regulations necessary to implement this section.
(t)The Judicial Council shall develop the forms necessary to implement this section, except as provided in subdivisions (f) and (l).
(u)The release or other use of information received by a board pursuant to this section, except as authorized by this section, is punishable as a misdemeanor.
(v)The State Board of Equalization shall enter into interagency agreements with the department and the Franchise Tax Board that will require the department and the Franchise Tax Board to maximize the use of information collected by the State Board of Equalization, for child support enforcement purposes, to the extent it is cost effective and permitted by the Revenue and Taxation Code.
(w)(1)The suspension or revocation of any drivers license, including a commercial drivers license, under this section shall not subject the licensee to vehicle impoundment pursuant to Section 14602.6 of the Vehicle Code.
(2)Notwithstanding any other law, the suspension or revocation of any drivers license, including a commercial drivers license, under this section shall not subject the licensee to increased costs for vehicle liability insurance.
(x)If any provision of this section or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
(y)All rights to administrative and judicial review afforded by this section to an applicant shall also be afforded to a licensee.
SEC. 8.Section 1337.2 of the Health and Safety Code is amended to read:1337.2.(a)An applicant for certification as a certified nurse assistant shall comply with each of the following:
(1)Be at least 16 years of age.
(2)Have successfully completed a training program approved by the department, which includes an examination to test the applicants knowledge and skills related to basic patient care services.
(3)Obtain a criminal record clearance pursuant to Section 1338.5.
(b)(1)No later than July 1, 2019, the department shall require the applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The department shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny licensure to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(c)The state department may establish procedures for issuing certificates which recognize certification programs in other states and countries.
(d)Upon written application, criminal record clearance pursuant to Section 1338.5, and documentation of passing an appropriate competency examination, the state department may issue a certificate to any applicant who possesses a valid state license as either a licensed vocational nurse or a registered nurse issued by any other state or foreign country, and who, in the opinion of the state department, has the qualifications specified in this article.
(e)Upon written application, criminal record clearance pursuant to Section 1338.5, and documentation of passing an appropriate examination, the state department may issue a certificate to any applicant who has completed the fundamentals of nursing courses in a school for registered nurses, approved by the Board of Registered Nursing, or in a school for licensed vocational nurses, approved by the Board of Vocational Nurse and Psychiatric Technician Examiners, which are substantially equivalent to the certification training program specified in this article.
(f)Every person certified as a nurse assistant under this article may be known as a certified nurse assistant and may place the letters CNA after his or her name when working in a licensed health facility. An individual working independently, providing personal care services, may not advertise or represent himself or herself as a certified nurse assistant.
(g)Any person holding a nurse assistant certificate issued by the state department prior to January 1, 1988, may continue to hold himself or herself out as a certified nurse assistant until January 1, 1991. Thereafter, it shall be unlawful for any person not certified under this article to hold himself or herself out to be a certified nurse assistant. Any person willfully making any false representation as being a certified nurse assistant is guilty of a misdemeanor.
(h)Any person who violates this article is guilty of a misdemeanor and, upon a conviction thereof, shall be punished by imprisonment in the county jail for not more than 180 days, or by a fine of not less than twenty dollars ($20) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.
SEC. 9.Section 1736.1 of the Health and Safety Code is amended to read:1736.1.(a)An applicant for certification as a certified home health aide shall comply with each of the following requirements:
(1)Have successfully completed a training program with a minimum of 75 hours or an equivalent competency evaluation program approved by the department pursuant to applicable federal and state regulations.
(2)Obtain a criminal record clearance pursuant to Section 1736.6.
(b)(1)No later than July 1, 2019, the department shall require the applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The department shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny licensure to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(c)Any person who violates this article is guilty of a misdemeanor and, upon a conviction thereof, shall be punished by imprisonment in the county jail for not more than 180 days, or by a fine of not less than twenty dollars ($20) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.
SEC. 10.Section 1797.170 of the Health and Safety Code is amended to read:1797.170.(a)The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt regulations for the training and scope of practice for EMT-I certification.
(b)(1)No later than July 1, 2019, the authority, local EMS agency, and certifying entity shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the authority, local EMS agency, or certifying entity utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the authority or agency may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The authority, local EMS agency, and certifying entity shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny certification to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(c)Any individual certified as an EMT-I pursuant to this division shall be recognized as an EMT-I on a statewide basis, and recertification shall be based on statewide standards.
(d)Effective July 1, 1990, any individual certified as an EMT-I pursuant to this act shall complete a course of training on the nature of sudden infant death syndrome which is developed by the California SIDS program in the State Department of Public Health in consultation with experts in the field of sudden infant death syndrome.
(e)On or before July 1, 2016, the authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt regulations to include the administration of naloxone hydrochloride in the training and scope of practice of EMT-I certification. These regulations shall be substantially similar to existing regulations set forth in Chapter 3 (commencing with Section 100101) of Division 9 of Title 22 of the California Code of Regulations that authorize an EMT-I to receive EMT-II training in the administration of naloxone hydrochloride without having to complete the entire EMT-II certification course. This subdivision shall be implemented in accordance with Chapter 5 (commencing with Section 1798).
SEC. 11.Section 1797.171 of the Health and Safety Code is amended to read:1797.171.(a)The authority shall develop, and after approval of the commission pursuant to Section 1799.50, shall adopt, minimum standards for the training and scope of practice for EMT-II.
(b)(1)No later than July 1, 2019, the authority, local EMS agency, and certifying entity shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the authority, local EMS agency, or certifying entity utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the authority or agency may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The authority, local EMS agency, and certifying entity shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny certification to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(c)An EMT-II shall complete a course of training on the nature of sudden infant death syndrome in accordance with subdivision (b) of Section 1797.170.
(d)In rural or remote areas of the state where patient transport times are particularly long and where local resources are inadequate to support an EMT-P program for EMS responses, the director may approve additions to the scope of practice of EMT-IIs serving the local system, if requested by the medical director of the local EMS agency, and if the EMT-II has received training equivalent to that of an EMT-P. The approval of the director, in consultation with a committee of local EMS medical directors named by the Emergency Medical Directors Association of California, is required prior to implementation of any addition to a local optional scope of practice for EMT-IIs proposed by the medical director of a local EMS agency. No drug or procedure that is not part of the basic EMT-P scope of practice, including, but not limited to, any approved local options, shall be added to any EMT-II scope of practice pursuant to this subdivision.
Approval of additions to the scope of practices pursuant to this subdivision may be given only for EMT-II programs in effect on January 1, 1994.
SEC. 12.Section 1797.172 of the Health and Safety Code is amended to read:1797.172.(a)The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt minimum standards for the training and scope of practice for EMT-P.
(b)The approval of the director, in consultation with a committee of local EMS medical directors named by the EMS Medical Directors Association of California, is required prior to implementation of any addition to a local optional scope of practice for EMT-Ps proposed by the medical director of a local EMS agency.
(c)(1)Notwithstanding any other provision of law, the authority shall be the agency solely responsible for licensure and licensure renewal of EMT-Ps who meet the standards and are not precluded from licensure because of any of the reasons listed in subdivision (c) of Section 1798.200. No later than July 1, 2019, the authority shall require an applicant to provide an individual taxpayer identification number or the social security number in order to establish the identity of the applicant. The information obtained as a result of a state and federal level criminal offender record information search shall be used in accordance with Section 11105 of the Penal Code, and to determine whether the applicant is subject to denial of licensure or licensure renewal pursuant to this division. Submission of fingerprint images to the Department of Justice may not be required for licensure renewal upon determination by the authority that fingerprint images have previously been submitted to the Department of Justice during initial licensure, or a previous licensure renewal, provided that the license has not lapsed and the applicant has resided continuously in the state since the initial licensure.
(2)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(3)If the authority utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the authority may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(4)The authority shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny certification to an applicant based solely on his or her citizenship status or immigration status.
(d)The authority shall charge fees for the licensure and licensure renewal of EMT-Ps in an amount sufficient to support the authoritys licensure program at a level that ensures the qualifications of the individuals licensed to provide quality care. The basic fee for licensure or licensure renewal of an EMT-P shall not exceed one hundred twenty-five dollars ($125) until the adoption of regulations that specify a different amount that does not exceed the authoritys EMT-P licensure, license renewal, and enforcement programs. The authority shall annually evaluate fees to determine if the fee is sufficient to fund the actual costs of the authoritys licensure, licensure renewal, and enforcement programs. If the evaluation shows that the fees are excessive or are insufficient to fund the actual costs of the authoritys EMT-P licensure, licensure renewal, and enforcement programs, then the fees shall be adjusted accordingly through the rulemaking process described in the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Separate additional fees may be charged, at the option of the authority, for services that are not shared by all applicants for licensure and licensure renewal, including, but not limited to, any of the following services:
(1)Initial application for licensure as an EMT-P.
(2)Competency testing, the fee for which shall not exceed thirty dollars ($30), except that an additional fee may be charged for the cost of any services that provide enhanced availability of the exam for the convenience of the EMT-P, such as on-demand electronic testing.
(3)Fingerprint and criminal record check. The applicant shall, if applicable according to subdivision (c), submit fingerprint images and related information for criminal offender record information searches with the Department of Justice and the Federal Bureau of Investigation.
(4)Out-of-state training equivalency determination.
(5)Verification of continuing education for a lapse in licensure.
(6)Replacement of a lost licensure card. The fees charged for individual services shall be set so that the total fees charged to EMT-Ps shall not exceed the authoritys actual total cost for the EMT-P licensure program.
(e)The authority may provide nonconfidential, nonpersonal information relating to EMS programs to interested persons upon request, and may establish and assess fees for the provision of this information. These fees shall not exceed the costs of providing the information.
(f)At the option of the authority, fees may be collected for the authority by an entity that contracts with the authority to provide any of the services associated with the EMT-P program. All fees collected for the authority in a calendar month by any entity designated by the authority pursuant to this section to collect fees for the authority shall be transmitted to the authority for deposit into the Emergency Medical Services Personnel Fund within 30 calendar days following the last day of the calendar month in which the fees were received by the designated entity, unless the contract between the entity and the authority specifies a different timeframe.
SEC. 13.Section 106995 of the Health and Safety Code is amended to read:106995.(a)The department shall prescribe minimum qualifications for granting of permits and certificates in radiologic technology in any classification, as well as continuing education requirements for holders of these permits and certificates in order to protect the public health and safety.
(b)(1)No later than July 1, 2019, the department shall permit an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The department shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny certification to an applicant based solely on his or her citizenship status or immigration status.
SEC. 14.Section 114870 of the Health and Safety Code is amended to read:114870.The department shall do all of the following:
(a)Upon recommendation of the committee, adopt regulations as may be necessary to accomplish the purposes of this chapter.
(b)(1)Provide for certification of radiologic technologists, without limitation as to procedures or areas of application, except as provided in Section 106980. Separate certificates shall be provided for diagnostic radiologic technology, for mammographic radiologic technology, and for therapeutic radiologic technology. If a person has received accreditation to perform mammography from a private accreditation organization, the department shall consider this accreditation when deciding to issue a mammographic radiologic technology certificate.
(2)Provide, upon recommendation of the committee, that a radiologic technologist who operates digital radiography equipment devote a portion of his or her continuing education credit hours to continuing education in digital radiologic technology.
(c)(1)(A)Provide, as may be deemed appropriate, for granting limited permits to persons to conduct radiologic technology limited to the performance of certain procedures or the application of X-rays to specific areas of the human body, except for mammography, prescribe minimum standards of training and experience for these persons, and prescribe procedures for examining applicants for limited permits. The minimum standards shall include a requirement that persons granted limited permits under this subdivision shall meet those fundamental requirements in basic radiological health training and knowledge similar to those required for persons certified under subdivision (b) as the department determines are reasonably necessary for the protection of the health and safety of the public.
(B)Provide that an applicant for approval as a limited permit X-ray technician in the categories of chest radiography, extremities radiography, gastrointestinal radiography, genitourinary radiography, leg-podiatric radiography, skull radiography, and torso-skeletal radiography, as these categories are defined in Section 30443 of Title 17 of the California Code of Regulations, shall have at least 50 hours of education in radiological protection and safety. The department may allocate these hours as it deems appropriate.
(2)Provide that a limited permit X-ray technician in the categories of chest radiography, extremities radiography, gastrointestinal radiography, genitourinary radiography, leg-podiatric radiography, skull radiography, and torso-skeletal radiography, as these categories are defined in Section 30443 of Title 17 of the California Code of Regulations, may perform digital radiography within their respective scopes of practice after completion of 20 hours or more of instruction in digital radiologic technology approved by the department. This requirement shall not be construed to preclude limited permit X-ray technicians in the categories of dental laboratory radiography and X-ray bone densitometry from performing digital radiography upon meeting the educational requirements determined by the department.
(3)Provide, upon recommendation of the committee, that a limited permit X-ray technician who has completed the initial instruction described in paragraph (2) devote a portion of his or her required continuing education credit hours to additional continuing instruction in digital radiologic technology.
(d)Provide for the approval of schools for radiologic technologists. Schools for radiologic technologists shall include 20 hours of approved instruction in digital radiography. The department may exempt a school from this requirement as it deems appropriate.
(e)Provide, upon recommendation of the committee, for certification of licentiates of the healing arts to supervise the operation of X-ray machines or to operate X-ray machines, or both, prescribe minimum standards of training and experience for these licentiates of the healing arts, and prescribe procedures for examining applicants for certification. This certification may limit the use of X-rays to certain X-ray procedures and the application of X-rays to specific areas of the human body.
(f)(1)Provide for certification of any physician and surgeon to operate, and supervise the operation of, a bone densitometer, if that physician and surgeon provides the department a certificate that evidences training in the use of a bone densitometer by a representative of a bone densitometer machine manufacturer, or through any radiologic technology school. The certification shall be valid for the particular bone densitometer the physician and surgeon was trained to use, and for any other bone densitometer that meets all of the criteria specified in subparagraphs (A) to (C), inclusive, if the physician and surgeon has completed training, as specified in subparagraph (A) of paragraph (2), for the use of that bone densitometer. The physician and surgeon shall, upon request of the department, provide evidence of training, pursuant to subparagraph (A) of paragraph (2), for the use of any bone densitometer used by the physician and surgeon. The activity covered by the certificate shall be limited to the use of an X-ray bone densitometer to which all of the following is applicable:
(A)The bone densitometer does not require user intervention for calibration.
(B)The bone densitometer does not provide an image for diagnosis.
(C)The bone densitometer is used only to estimate bone density of the heel, wrist, or finger of the patient.
(2)The certificate shall be accompanied by a copy of the curriculum covered by the manufacturers representative or radiologic technology school. The curriculum shall include, at a minimum, instruction in all of the following areas:
(A)Procedures for operation of the bone densitometer by the physician and surgeon, and for the supervision of the operation of the bone densitometer by other persons, including procedures for quality assurance of the bone densitometer.
(B)Proper radiation protection of the operator, the patient, and third parties in proximity to the bone densitometer.
(C)Provisions of Article 5 (commencing with Section 106955) of Chapter 4 of Part 1 of Division 104.
(D)Provisions of Chapter 6 (commencing with Section 114840) of Part 9 of Division 104.
(E)Provisions of Group 1 (commencing with Section 30100) of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(F)Provisions of Group 1.5 (commencing with Section 30108) of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(G)Provisions of Article 1 (commencing with Section 30252) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(H)Provisions of Article 2 (commencing with Section 30254) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(I)Provisions of Article 3 (commencing with Section 30275) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(J)Provisions of Article 4 (commencing with Section 30305) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(K)Provisions of Subchapter 4.5 (commencing with Section 30400) of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(3)(A)Notwithstanding any other provision of law, this subdivision shall constitute all the requirements that must be met by a physician and surgeon in order to operate, and supervise the operation of, a bone densitometer. The department may adopt regulations consistent with this section in order to administer the certification requirements.
(B)No person may be supervised by a physician and surgeon in the use of a bone densitometer unless that person possesses the necessary license or permit required by the department.
(C)Nothing in this subdivision shall affect the requirements imposed by the committee or the department for the registration of a bone densitometer machine, or for the inspection of facilities in which any bone densitometer machine is operated.
(D)This subdivision shall not apply to a licentiate of the healing arts who is certified pursuant to subdivision (e) or pursuant to Section 107111.
(E)The department shall charge a fee for a certificate issued pursuant to this subdivision to the extent necessary to administer certification. The fee shall be in an amount sufficient to cover the departments costs of implementing this subdivision and shall not exceed the fee for certification to operate or supervise the operation of an X-ray machine pursuant to subdivision (e). The fees collected pursuant to this subparagraph shall be deposited into the Radiation Control Fund established pursuant to Section 114980.
(g)Upon recommendation of the committee, exempt from certification requirements those licentiates of the healing arts who have successfully completed formal courses in schools certified by the department and who have successfully passed a roentgenology technology and radiation protection examination approved by the department and administered by the board that issued his or her license.
(h)(1)No later than July 1, 2019, the department shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for or the renewal of a certificate, license, or permit issued under this section or regulations promulgated pursuant thereto.
(2)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(3)The department shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate, license, or permit issued under this section or regulations promulgated pursuant thereto.
(B)Deny certification to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(4)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
SEC. 15.Section 2.5 of this bill incorporates amendments to Section 30 of the Business and Professions Code proposed by both this bill and Assembly Bill 3249. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 30 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 3249, in which case Section 2 of this bill shall not become operative.
SEC. 16.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The Legislature finds and declares that it is in the best interest of the State of California to provide persons who are not lawfully present in the United States with the state benefits provided by licensing entities, including the State Department of Public Health, the Emergency Medical Services Authority, and the Commission on Teacher Credentialing.
(b)It is the intent of the Legislature to utilize the individual taxpayer identification number or social security number for the purpose of establishing identification of persons applying for individual certificates or credentials.
(c)It is the intent of the Legislature that a licensing entity not deny licensure to an otherwise qualified and eligible individual based solely on his or her citizenship status or immigration status.
(d)It is the intent of the Legislature to ensure that a licensing entity update its policies and regulations, no later than July 1, 2019, to no longer require disclosure of citizenship status or immigration status for any applicant.
SEC. 2.Section 30 of the Business and Professions Code, as added by Section 2 of Chapter 828 of the Statutes of 2017, is amended to read:30.(a)(1)Notwithstanding any other law, any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicants social security number for all other applicants.
(2)(A)In accordance with Section 135.5, a board, as defined in Section 22, the State Bar of California, and the Department of Real Estate shall require either the individual taxpayer identification number or social security number if the applicant is an individual for a license or certificate, as defined in subparagraph (2) of subdivision (e), and for purposes of this subdivision.
(B)In implementing the requirements of subparagraph (A), a licensing board shall not require an individual to disclose either citizenship status or immigration status for purposes of licensure.
(C)A licensing board shall not deny licensure to an otherwise qualified and eligible individual based solely on his or her citizenship status or immigration status.
(D)The Legislature finds and declares that the requirements of this subdivision are consistent with subsection (d) of Section 1621 of Title 8 of the United States Code.
(b)A licensee failing to provide the federal employer identification number, or the individual taxpayer identification number or social security number shall be reported by the licensing board to the Franchise Tax Board. If the licensee fails to provide that information after notification pursuant to paragraph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code, the licensee shall be subject to the penalty provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation Code.
(c)In addition to the penalty specified in subdivision (b), a licensing board shall not process an application for an initial license unless the applicant provides its federal employer identification number, or individual taxpayer identification number or social security number where requested on the application.
(d)A licensing board shall, upon request of the Franchise Tax Board or the Employment Development Department, furnish to the board or the department, as applicable, the following information with respect to every licensee:
(1)Name.
(2)Address or addresses of record.
(3)Federal employer identification number if the licensee is a partnership, or the licensees individual taxpayer identification number or social security number for all other licensees.
(4)Type of license.
(5)Effective date of license or a renewal.
(6)Expiration date of license.
(7)Whether license is active or inactive, if known.
(8)Whether license is new or a renewal.
(e)For the purposes of this section:
(1)Licensee means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(2)License includes a certificate, registration, or any other authorization needed to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(3)Licensing board means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate.
(f)The reports required under this section shall be filed on magnetic media or in other machine-readable form, according to standards furnished by the Franchise Tax Board or the Employment Development Department, as applicable.
(g)Licensing boards shall provide to the Franchise Tax Board or the Employment Development Department the information required by this section at a time that the board or the department, as applicable, may require.
(h)Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, a federal employer identification number, individual taxpayer identification number, or social security number furnished pursuant to this section shall not be deemed to be a public record and shall not be open to the public for inspection.
(i)A deputy, agent, clerk, officer, or employee of a licensing board described in subdivision (a), or any former officer or employee or other individual who, in the course of his or her employment or duty, has or has had access to the information required to be furnished under this section, shall not disclose or make known in any manner that information, except as provided pursuant to this section to the Franchise Tax Board, the Employment Development Department, or the Office of the Chancellor of the California Community Colleges, or as provided in subdivisions (j) and (k).
(j)It is the intent of the Legislature in enacting this section to utilize the federal employer identification number, individual taxpayer identification number, or social security number for the purpose of establishing the identification of persons affected by state tax laws, for purposes of compliance with Section 17520 of the Family Code, and for purposes of measuring employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and, to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(k)If the board utilizes a national examination to issue a license, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of any licensing board described in subdivision (a) may release an individual taxpayer identification number or social security number to an examination or licensing entity, only for the purpose of verification of licensure or examination status.
(l)For the purposes of enforcement of Section 17520 of the Family Code, and notwithstanding any other law, a board, as defined in Section 22, the State Bar of California, and the Department of Real Estate shall at the time of issuance of the license require that each licensee provide the individual taxpayer identification number or social security number of each individual listed on the license and any person who qualifies for the license. For the purposes of this subdivision, licensee means an entity that is issued a license by any board, as defined in Section 22, the State Bar of California, the Department of Real Estate, and the Department of Motor Vehicles.
(m)The department shall, upon request by the Office of the Chancellor of the California Community Colleges, furnish to the chancellors office, as applicable, the following information with respect to every licensee:
(1)Name.
(2)Federal employer identification number if the licensee is a partnership, or the licensees individual taxpayer identification number or social security number for all other licensees.
(3)Date of birth.
(4)Type of license.
(5)Effective date of license or a renewal.
(6)Expiration date of license.
(n)The department shall make available information pursuant to subdivision (m) only to allow the chancellors office to measure employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and recommend how these programs may be improved. Licensure information made available by the department pursuant to this section shall not be used for any other purpose.
(o)The department may make available information pursuant to subdivision (m) only to the extent that making the information available complies with state and federal privacy laws.
(p)The department may, by agreement, condition or limit the availability of licensure information pursuant to subdivision (m) in order to ensure the security of the information and to protect the privacy rights of the individuals to whom the information pertains.
(q)All of the following apply to the licensure information made available pursuant to subdivision (m):
(1)It shall be limited to only the information necessary to accomplish the purpose authorized in subdivision (n).
(2)It shall not be used in a manner that permits third parties to personally identify the individual or individuals to whom the information pertains.
(3)Except as provided in subdivision (n), it shall not be shared with or transmitted to any other party or entity without the consent of the individual or individuals to whom the information pertains.
(4)It shall be protected by reasonable security procedures and practices appropriate to the nature of the information to protect that information from unauthorized access, destruction, use, modification, or disclosure.
(5)It shall be immediately and securely destroyed when no longer needed for the purpose authorized in subdivision (n).
(r)The department or the chancellors office may share licensure information with a third party who contracts to perform the function described in subdivision (n), if the third party is required by contract to follow the requirements of this section.
SEC. 2.5.Section 30 of the Business and Professions Code, as added by Section 2 of Chapter 828 of the Statutes of 2017, is amended to read:30.(a)(1)Notwithstanding any other law, any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicants social security number for all other applicants.
(2)(A)In accordance with Section 135.5, a board, as defined in Section 22, the State Bar of California, and the Department of Real Estate shall require either the individual taxpayer identification number or social security number if the applicant is an individual for a license or certificate, as defined in subparagraph (2) of subdivision (e), and for purposes of this subdivision.
(B)In implementing the requirements of subparagraph (A), a licensing board shall not require an individual to disclose either citizenship status or immigration status for purposes of licensure.
(C)A licensing board shall not deny licensure to an otherwise qualified and eligible individual based solely on his or her citizenship status or immigration status.
(D)The Legislature finds and declares that the requirements of this subdivision are consistent with subsection (d) of Section 1621 of Title 8 of the United States Code.
(b)A licensee failing to provide the federal employer identification number, or the individual taxpayer identification number or social security number shall be reported by the licensing board to the Franchise Tax Board. If the licensee fails to provide that information after notification pursuant to paragraph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code, the licensee shall be subject to the penalty provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation Code.
(c)In addition to the penalty specified in subdivision (b), a licensing board shall not process an application for an initial license unless the applicant provides its federal employer identification number, or individual taxpayer identification number or social security number where requested on the application.
(d)A licensing board shall, upon request of the Franchise Tax Board or the Employment Development Department, furnish to the board or the department, as applicable, the following information with respect to every licensee:
(1)Name.
(2)Address or addresses of record.
(3)Federal employer identification number if the licensee is a partnership, or the licensees individual taxpayer identification number or social security number for all other licensees.
(4)Type of license.
(5)Effective date of license or a renewal.
(6)Expiration date of license.
(7)Whether license is active or inactive, if known.
(8)Whether license is new or a renewal.
(e)For the purposes of this section:
(1)Licensee means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(2)License includes a certificate, registration, or any other authorization needed to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(3)Licensing board means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate.
(f)The reports required under this section shall be filed on magnetic media or in other machine-readable form, according to standards furnished by the Franchise Tax Board or the Employment Development Department, as applicable.
(g)Licensing boards shall provide to the Franchise Tax Board or the Employment Development Department the information required by this section at a time that the board or the department, as applicable, may require.
(h)Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, a federal employer identification number, individual taxpayer identification number, or social security number furnished pursuant to this section shall not be deemed to be a public record and shall not be open to the public for inspection.
(i)A deputy, agent, clerk, officer, or employee of a licensing board described in subdivision (a), or any former officer or employee or other individual who, in the course of his or her employment or duty, has or has had access to the information required to be furnished under this section, shall not disclose or make known in any manner that information, except as provided pursuant to this section, to the Franchise Tax Board, the Employment Development Department, the Office of the Chancellor of the California Community Colleges, a collections agency contracted to collect funds owed to the State Bar by licensees pursuant to Sections 6086.10 and 6140.5, or as provided in subdivisions (j) and (k).
(j)It is the intent of the Legislature in enacting this section to utilize the federal employer identification number, individual taxpayer identification number, or social security number for the purpose of establishing the identification of persons affected by state tax laws, for purposes of compliance with Section 17520 of the Family Code, for purposes of measuring employment outcomes of students who participate in career technical education programs offered by the California Community Colleges, and for purposes of collecting funds owed to the State Bar by licensees pursuant to Section 6086.10 and Section 6140.5 and, to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(k)If the board utilizes a national examination to issue a license, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of any licensing board described in subdivision (a) may release an individual taxpayer identification number or social security number to an examination or licensing entity, only for the purpose of verification of licensure or examination status.
(l)For the purposes of enforcement of Section 17520 of the Family Code, and notwithstanding any other law, a board, as defined in Section 22, the State Bar of California, and the Department of Real Estate shall at the time of issuance of the license require that each licensee provide the individual taxpayer identification number or social security number of each individual listed on the license and any person who qualifies for the license. For the purposes of this subdivision, licensee means an entity that is issued a license by any board, as defined in Section 22, the State Bar of California, the Department of Real Estate, and the Department of Motor Vehicles.
(m)The department shall, upon request by the Office of the Chancellor of the California Community Colleges, furnish to the chancellors office, as applicable, the following information with respect to every licensee:
(1)Name.
(2)Federal employer identification number if the licensee is a partnership, or the licensees individual taxpayer identification number or social security number for all other licensees.
(3)Date of birth.
(4)Type of license.
(5)Effective date of license or a renewal.
(6)Expiration date of license.
(n)The department shall make available information pursuant to subdivision (m) only to allow the chancellors office to measure employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and recommend how these programs may be improved. Licensure information made available by the department pursuant to this section shall not be used for any other purpose.
(o)The department may make available information pursuant to subdivision (m) only to the extent that making the information available complies with state and federal privacy laws.
(p)The department may, by agreement, condition or limit the availability of licensure information pursuant to subdivision (m) in order to ensure the security of the information and to protect the privacy rights of the individuals to whom the information pertains.
(q)All of the following apply to the licensure information made available pursuant to subdivision (m):
(1)It shall be limited to only the information necessary to accomplish the purpose authorized in subdivision (n).
(2)It shall not be used in a manner that permits third parties to personally identify the individual or individuals to whom the information pertains.
(3)Except as provided in subdivision (n), it shall not be shared with or transmitted to any other party or entity without the consent of the individual or individuals to whom the information pertains.
(4)It shall be protected by reasonable security procedures and practices appropriate to the nature of the information to protect that information from unauthorized access, destruction, use, modification, or disclosure.
(5)It shall be immediately and securely destroyed when no longer needed for the purpose authorized in subdivision (n).
(r)The department or the chancellors office may share licensure information with a third party who contracts to perform the function described in subdivision (n), if the third party is required by contract to follow the requirements of this section.
SEC. 3.Section 1247.61 of the Business and Professions Code is amended to read:1247.61.To be certified by the department as a Certified Hemodialysis Technician (CHT), a person shall meet all of the following requirements:
(a)Have a high school diploma or equivalency, or have greater than four years of work experience in dialysis as of October 14, 2008.
(b)Have successfully completed a training program that is approved by the medical director and governing body of a hemodialysis clinic or unit, under the direction of a registered nurse. Following approval by the medical director and governing body, the training program shall be submitted to the department for approval. The training program shall be approved by the department prior to implementation. The training program shall focus on the operation of kidney dialysis equipment and machines, providing direct patient care, and communication and interpersonal skills, including patient sensitivity training and care of difficult patients. For purposes of this subdivision, a person successfully completes a training program if he or she completes all didactic portions of the program and demonstrates competency in the knowledge and skills provided by the program.
(1)The training program shall include all of the following subjects, at a minimum:
(A)Principles of dialysis.
(B)Care of patients with kidney failure, including interpersonal skills.
(C)Dialysis procedures and documentation, including initiation, proper cannulation techniques, monitoring, and termination of dialysis.
(D)Possible complications of dialysis.
(E)Water treatment and dialysate preparation.
(F)Infection control.
(G)Safety.
(H)Dialyzer reprocessing, if applicable.
(2)A community or corporate-based training program, or a training program offered by an educational institution, is acceptable if the program meets the requirements of this subdivision.
(3)A person employed as a hemodialysis technician by a hemodialysis clinic or unit for more than two years as of October 14, 2008, who does not have documentation of having successfully completed a training program meeting the requirements of this subdivision, shall be deemed to be in compliance with this subdivision by doing both of the following:
(A)Passing a written exam, offered by a hemodialysis clinic or unit, or a community or corporate-based training program that meets the requirements of this chapter, covering the subjects listed in paragraph (1).
(B)Passing a skills checklist through observation by a registered nurse of the skills listed in paragraph (1).
(c)Successfully accomplish either of the following:
(1)Pass a standardized test that is approved by the department and that covers the subjects listed in paragraph (1) of subdivision (b) and in Section 1247.5. This test shall be administered in a proctored environment by an independent examiner. For purposes of this subdivision, independent examiners may include representatives appointed by End-Stage Renal Disease Network 17, End-Stage Renal Disease Network 18, the California Dialysis Council, or any private testing organization approved by the department for that purpose.
(2)Successfully pass an examination offered by a national, commercially available certification program for hemodialysis technicians which is approved for this purpose by the Centers for Medicare and Medicaid Services.
(d)(1)No later than July 1, 2019, the department shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for or the renewal of a certificate issued under this section or regulations promulgated pursuant thereto.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification number or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The department shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny certification to an applicant based solely on his or her citizenship status or immigration status.
SEC. 4.Section 44339.5 is added to the Education Code, to read:44339.5.(a)The commission, by July 1, 2019, shall authorize the use of an individual tax identification number in lieu of a social security number for purposes of applying for a credential, or the renewal of a credential, when an applicant cannot provide his or her social security number.
(b)An applicant shall not be required to disclose citizenship status or immigration status for purposes of the application or renewal of a credential.
(c)An applicant shall not be denied a credential based solely on his or her citizenship status or immigration status if otherwise qualified and eligible for the credential.
SEC. 5.Section 4014 of the Family Code is amended to read:4014.(a)Any order for child support issued or modified pursuant to this chapter shall include a provision requiring the obligor and child support obligee to notify the other parent or, if the order requires payment through an agency designated under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the agency named in the order, of the name and address of his or her current employer.
(b)The requirements set forth in this subdivision apply only in cases in which the local child support agency is not providing child support services pursuant to Section 17400. To the extent required by federal law, and subject to applicable confidentiality provisions of state or federal law, any judgment for paternity and any order for child support entered or modified pursuant to any provision of law shall include a provision requiring the child support obligor and obligee to file with the court all of the following information:
(1)Residential and mailing address.
(2)Social security number, individual taxpayer identification number, or other uniform identification number.
(3)Telephone number.
(4)Drivers license number or identification card number issued by the Department of Motor Vehicles.
(5)Name, address, and telephone number of the employer.
(6)Any other information prescribed by the Judicial Council.
The judgment or order shall specify that each parent is responsible for providing his or her own information, that the information must be filed with the court within 10 days of the court order, and that new or different information must be filed with the court within 10 days after any event causing a change in the previously provided information.
(c)The requirements set forth in this subdivision shall only apply in cases in which the local child support agency is not providing child support services pursuant to Section 17400. Once the child support registry, as described in Section 17391 is operational, any judgment for paternity and any order for child support entered or modified pursuant to any provision of law shall include a provision requiring the child support obligor and obligee to file and keep updated the information specified in subdivision (b) with the child support registry.
(d)The Judicial Council shall develop forms to implement this section. The forms shall be developed so as not to delay the implementation of the Statewide Child Support Registry described in Section 17391 and shall be available no later than 30 days prior to the implementation of the Statewide Child Support Registry.
SEC. 6.Section 17506 of the Family Code is amended to read:17506.(a)There is in the department a California Parent Locator Service and Central Registry that shall collect and disseminate all of the following, with respect to any parent, putative parent, spouse, or former spouse:
(1)The full and true name of the parent together with any known aliases.
(2)Date and place of birth.
(3)Physical description.
(4)Social security number, individual taxpayer identification number, or other uniform identification number.
(5)Employment history and earnings.
(6)Military status and Veterans Administration or military service serial number.
(7)Last known address, telephone number, and date thereof.
(8)Drivers license number or identification card number issued by the Department of Motor Vehicles, driving record, and vehicle registration information.
(9)Criminal, licensing, and applicant records and information.
(10)(A)Any additional location, asset, and income information, including income tax return information obtained pursuant to Section 19548 of the Revenue and Taxation Code, and to the extent permitted by federal law, the address, telephone number, and social security number obtained from a public utility, cable television corporation, a provider of electronic digital pager communication, or a provider of mobile telephony services that may be of assistance in locating the parent, putative parent, abducting, concealing, or detaining parent, spouse, or former spouse, in establishing a parent and child relationship, in enforcing the child support liability of the absent parent, or enforcing the spousal support liability of the spouse or former spouse to the extent required by the state plan pursuant to Section 17604.
(B)For purposes of this subdivision, income tax return information means all of the following regarding the taxpayer:
(i)Assets.
(ii)Credits.
(iii)Deductions.
(iv)Exemptions.
(v)Identity.
(vi)Liabilities.
(vii)Nature, source, and amount of income.
(viii)Net worth.
(ix)Payments.
(x)Receipts.
(xi)Address.
(xii)Social security number, individual taxpayer identification number, or other uniform identification number.
(b)Pursuant to a letter of agreement entered into between the Department of Child Support Services and the Department of Justice, the Department of Child Support Services shall assume responsibility for the California Parent Locator Service and Central Registry. The letter of agreement shall, at a minimum, set forth all of the following:
(1)Contingent upon funding in the Budget Act, the Department of Child Support Services shall assume responsibility for leadership and staff of the California Parent Locator Service and Central Registry commencing July 1, 2003.
(2)All employees and other personnel who staff or provide support for the California Parent Locator Service and Central Registry shall, at the time of the transition, at their option, become the employees of the Department of Child Support Services at their existing or equivalent classification, salaries, and benefits.
(3)Until the departments automation system for the California Parent Locator Service and Central Registry functions is fully operational, the department shall use the automation system operated by the Department of Justice.
(4)Any other provisions necessary to ensure continuity of function and meet or exceed existing levels of service.
(c)To effectuate the purposes of this section, the California Child Support Enforcement System and the California Parent Locator Service and Central Registry shall utilize the federal Parent Locator Service to the extent necessary, and may request and shall receive from all departments, boards, bureaus, or other agencies of the state, or any of its political subdivisions, and those entities shall provide, that assistance and data that will enable the Department of Child Support Services and other public agencies to carry out their powers and duties to locate parents, spouses, and former spouses, and to identify their assets, to establish parent-child relationships, and to enforce liability for child or spousal support, and for any other obligations incurred on behalf of children, and shall also provide that information to any local child support agency in fulfilling the duties prescribed in Section 270 of the Penal Code, and in Chapter 8 (commencing with Section 3130) of Part 2 of Division 8 of this code, relating to abducted, concealed, or detained children and to any county child welfare agency or county probation department in fulfilling the duties prescribed in Article 5.5 (commencing with Section 290.1) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, and prescribed in Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code to identify, locate, and notify parents or relatives of children who are the subject of juvenile court proceedings, to establish parent and child relationships pursuant to Section 316.2 of the Welfare and Institutions Code, and to assess the appropriateness of placement of a child with a noncustodial parent pursuant to Section 361.2 of the Welfare and Institutions Code. Consistent with paragraph (1) of subdivision (e) of Section 309 of, and paragraph (2) of subdivision (d) of Section 628 of, the Welfare and Institutions Code, in order for county child welfare and probation departments to carry out their duties to identify and locate all grandparents, adult siblings, and other adult relatives of the child as defined in paragraph (2) of subdivision (f) of Section 319 of the Welfare and Institutions Code, including any other adult relatives suggested by the parents, county personnel are permitted to request and receive information from the California Parent Locator Service and Federal Parent Locator Service. County child welfare agencies and probation departments shall be entitled to the information described in this subdivision regardless of whether an all-county letter or similar instruction is issued pursuant to subparagraph (C) of paragraph (8) of subdivision (c) of Section 11478.1 of the Welfare and Institutions Code. The California Child Support Enforcement System shall be entitled to the same cooperation and information as the California Parent Locator Service and Central Registry to the extent allowed by law. The California Child Support Enforcement System shall be allowed access to criminal record information only to the extent that access is allowed by state and federal law.
(d)(1)To effectuate the purposes of this section, and notwithstanding any other law, regulation, or tariff, and to the extent permitted by federal law, the California Parent Locator Service and Central Registry and the California Child Support Enforcement System may request and shall receive from public utilities, as defined in Section 216 of the Public Utilities Code, customer service information, including the full name, address, telephone number, date of birth, employer name and address, and social security number of customers of the public utility, to the extent that this information is stored within the computer database of the public utility.
(2)To effectuate the purposes of this section, and notwithstanding any other law, regulation, or tariff, and to the extent permitted by federal law, the California Parent Locator Service and Central Registry and the California Child Support Enforcement System may request and shall receive from cable television corporations, as defined in Section 216.4 of the Public Utilities Code, the providers of electronic digital pager communication, as defined in Section 629.51 of the Penal Code, and the providers of mobile telephony services, as defined in Section 224.4 of the Public Utilities Code, customer service information, including the full name, address, telephone number, date of birth, employer name and address, and social security number of customers of the cable television corporation, customers of the providers of electronic digital pager communication, and customers of the providers of mobile telephony services.
(3)In order to protect the privacy of utility, cable television, electronic digital pager communication, and mobile telephony service customers, a request to a public utility, cable television corporation, provider of electronic digital pager communication, or provider of mobile telephony services for customer service information pursuant to this section shall meet the following requirements:
(A)Be submitted to the public utility, cable television corporation, provider of electronic digital pager communication, or provider of mobile telephony services in writing, on a transmittal document prepared by the California Parent Locator Service and Central Registry or the California Child Support Enforcement System and approved by all of the public utilities, cable television corporations, providers of electronic digital pager communication, and providers of mobile telephony services. The transmittal shall be deemed to be an administrative subpoena for customer service information.
(B)Have the signature of a representative authorized by the California Parent Locator Service and Central Registry or the California Child Support Enforcement System.
(C)Contain at least three of the following data elements regarding the person sought:
(i)First and last name, and middle initial, if known.
(ii)Social security number.
(iii)Drivers license number or identification card number issued by the Department of Motor Vehicles.
(iv)Birth date.
(v)Last known address.
(vi)Spouses name.
(D)The California Parent Locator Service and Central Registry and the California Child Support Enforcement System shall ensure that each public utility, cable television corporation, provider of electronic digital pager communication services, and provider of mobile telephony services has at all times a current list of the names of persons authorized to request customer service information.
(E)The California Child Support Enforcement System and the California Parent Locator Service and Central Registry shall ensure that customer service information supplied by a public utility, cable television corporation, provider of electronic digital pager communication, or provider of mobile telephony services is applicable to the person who is being sought before releasing the information pursuant to subdivision (d).
(4)During the development of the California Child Support Enforcement System, the department shall determine the necessity of additional locate sources, including those specified in this section, based upon the cost-effectiveness of those sources.
(5)The public utility, cable television corporation, electronic digital pager communication provider, or mobile telephony service provider may charge a fee to the California Parent Locator Service and Central Registry or the California Child Support Enforcement System for each search performed pursuant to this subdivision to cover the actual costs to the public utility, cable television corporation, electronic digital pager communication provider, or mobile telephony service provider for providing this information.
(6)No public utility, cable television corporation, electronic digital pager communication provider, or mobile telephony service provider or official or employee thereof, shall be subject to criminal or civil liability for the release of customer service information as authorized by this subdivision.
(e)Notwithstanding Section 14203 of the Penal Code, any records established pursuant to this section shall be disseminated only to the Department of Child Support Services, the California Child Support Enforcement System, the California Parent Locator Service and Central Registry, the parent locator services and central registries of other states as defined by federal statutes and regulations, a local child support agency of any county in this state, and the federal Parent Locator Service. The California Child Support Enforcement System shall be allowed access to criminal offender record information only to the extent that access is allowed by law.
(f)(1)At no time shall any information received by the California Parent Locator Service and Central Registry or by the California Child Support Enforcement System be disclosed to any person, agency, or other entity, other than those persons, agencies, and entities specified pursuant to Section 17505, this section, or any other provision.
(2)This subdivision shall not otherwise affect discovery between parties in any action to establish, modify, or enforce child, family, or spousal support, that relates to custody or visitation.
(g)(1)The Department of Justice, in consultation with the Department of Child Support Services, shall promulgate rules and regulations to facilitate maximum and efficient use of the California Parent Locator Service and Central Registry. Upon implementation of the California Child Support Enforcement System, the Department of Child Support Services shall assume all responsibility for promulgating rules and regulations for use of the California Parent Locator Service and Central Registry.
(2)The Department of Child Support Services, the Public Utilities Commission, the cable television corporations, providers of electronic digital pager communication, and the providers of mobile telephony services shall develop procedures for obtaining the information described in subdivision (c) from public utilities, cable television corporations, providers of electronic digital pager communication, and providers of mobile telephony services and for compensating the public utilities, cable television corporations, providers of electronic digital pager communication, and providers of mobile telephony services for providing that information.
(h)The California Parent Locator Service and Central Registry may charge a fee not to exceed eighteen dollars ($18) for any service it provides pursuant to this section that is not performed or funded pursuant to Section 651 and following of Title 42 of the United States Code.
(i)This section shall be construed in a manner consistent with the other provisions of this article.
SEC. 7.Section 17520 of the Family Code is amended to read:17520.(a)As used in this section:
(1)Applicant means a person applying for issuance or renewal of a license.
(2)Board means an entity specified in Section 101 of the Business and Professions Code, the entities referred to in Sections 1000 and 3600 of the Business and Professions Code, the State Bar of California, the Department of Real Estate, the Department of Motor Vehicles, the Secretary of State, the Department of Fish and Wildlife, and any other state commission, department, committee, examiner, or agency that issues a license, certificate, credential, permit, registration, or any other authorization to engage in a business, occupation, or profession, or to the extent required by federal law or regulations, for recreational purposes. This term includes all boards, commissions, departments, committees, examiners, entities, and agencies that issue a license, certificate, credential, permit, registration, or any other authorization to engage in a business, occupation, or profession. The failure to specifically name a particular board, commission, department, committee, examiner, entity, or agency that issues a license, certificate, credential, permit, registration, or any other authorization to engage in a business, occupation, or profession does not exclude that board, commission, department, committee, examiner, entity, or agency from this term.
(3)Certified list means a list provided by the local child support agency to the Department of Child Support Services in which the local child support agency verifies, under penalty of perjury, that the names contained therein are support obligors found to be out of compliance with a judgment or order for support in a case being enforced under Title IV-D of the federal Social Security Act.
(4)Compliance with a judgment or order for support means that, as set forth in a judgment or order for child or family support, the obligor is no more than 30 calendar days in arrears in making payments in full for current support, in making periodic payments in full, whether court ordered or by agreement with the local child support agency, on a support arrearage, or in making periodic payments in full, whether court ordered or by agreement with the local child support agency, on a judgment for reimbursement for public assistance, or has obtained a judicial finding that equitable estoppel as provided in statute or case law precludes enforcement of the order. The local child support agency is authorized to use this section to enforce orders for spousal support only when the local child support agency is also enforcing a related child support obligation owed to the obligee parent by the same obligor, pursuant to Sections 17400 and 17604.
(5)License includes membership in the State Bar of California, and a certificate, credential, permit, registration, or any other authorization issued by a board that allows a person to engage in a business, occupation, or profession, or to operate a commercial motor vehicle, including appointment and commission by the Secretary of State as a notary public. License also includes any drivers license issued by the Department of Motor Vehicles, any commercial fishing license issued by the Department of Fish and Wildlife, and to the extent required by federal law or regulations, any license used for recreational purposes. This term includes all licenses, certificates, credentials, permits, registrations, or any other authorization issued by a board that allows a person to engage in a business, occupation, or profession. The failure to specifically name a particular type of license, certificate, credential, permit, registration, or other authorization issued by a board that allows a person to engage in a business, occupation, or profession, does not exclude that license, certificate, credential, permit, registration, or other authorization from this term.
(6)Licensee means a person holding a license, certificate, credential, permit, registration, or other authorization issued by a board, to engage in a business, occupation, or profession, or a commercial drivers license as defined in Section 15210 of the Vehicle Code, including an appointment and commission by the Secretary of State as a notary public. Licensee also means a person holding a drivers license issued by the Department of Motor Vehicles, a person holding a commercial fishing license issued by the Department of Fish and Game, and to the extent required by federal law or regulations, a person holding a license used for recreational purposes. This term includes all persons holding a license, certificate, credential, permit, registration, or any other authorization to engage in a business, occupation, or profession, and the failure to specifically name a particular type of license, certificate, credential, permit, registration, or other authorization issued by a board does not exclude that person from this term. For licenses issued to an entity that is not an individual person, licensee includes an individual who is either listed on the license or who qualifies for the license.
(b)The local child support agency shall maintain a list of those persons included in a case being enforced under Title IV-D of the federal Social Security Act against whom a support order or judgment has been rendered by, or registered in, a court of this state, and who are not in compliance with that order or judgment. The local child support agency shall submit a certified list with the names, social security numbers, individual taxpayer identification numbers, or other uniform identification numbers, and last known addresses of these persons and the name, address, and telephone number of the local child support agency who certified the list to the department. The local child support agency shall verify, under penalty of perjury, that the persons listed are subject to an order or judgment for the payment of support and that these persons are not in compliance with the order or judgment. The local child support agency shall submit to the department an updated certified list on a monthly basis.
(c)The department shall consolidate the certified lists received from the local child support agencies and, within 30 calendar days of receipt, shall provide a copy of the consolidated list to each board that is responsible for the regulation of licenses, as specified in this section.
(d)On or before November 1, 1992, or as soon thereafter as economically feasible, as determined by the department, all boards subject to this section shall implement procedures to accept and process the list provided by the department, in accordance with this section. Notwithstanding any other law, all boards shall collect social security numbers or individual taxpayer identification numbers from all applicants for the purposes of matching the names of the certified list provided by the department to applicants and licensees and of responding to requests for this information made by child support agencies.
(e)(1)Promptly after receiving the certified consolidated list from the department, and prior to the issuance or renewal of a license, each board shall determine whether the applicant is on the most recent certified consolidated list provided by the department. The board shall have the authority to withhold issuance or renewal of the license of an applicant on the list.
(2)If an applicant is on the list, the board shall immediately serve notice as specified in subdivision (f) on the applicant of the boards intent to withhold issuance or renewal of the license. The notice shall be made personally or by mail to the applicants last known mailing address on file with the board. Service by mail shall be complete in accordance with Section 1013 of the Code of Civil Procedure.
(A)The board shall issue a temporary license valid for a period of 150 days to any applicant whose name is on the certified list if the applicant is otherwise eligible for a license.
(B)Except as provided in subparagraph (D), the 150-day time period for a temporary license shall not be extended. Except as provided in subparagraph (D), only one temporary license shall be issued during a regular license term and it shall coincide with the first 150 days of that license term. As this paragraph applies to commercial drivers licenses, license term shall be deemed to be 12 months from the date the application fee is received by the Department of Motor Vehicles. A license for the full or remainder of the license term shall be issued or renewed only upon compliance with this section.
(C)In the event that a license or application for a license or the renewal of a license is denied pursuant to this section, any funds paid by the applicant or licensee shall not be refunded by the board.
(D)This paragraph shall apply only in the case of a drivers license, other than a commercial drivers license. Upon the request of the local child support agency or by order of the court upon a showing of good cause, the board shall extend a 150-day temporary license for a period not to exceed 150 extra days.
(3)(A)The department may, when it is economically feasible for the department and the boards to do so as determined by the department, in cases where the department is aware that certain child support obligors listed on the certified lists have been out of compliance with a judgment or order for support for more than four months, provide a supplemental list of these obligors to each board with which the department has an interagency agreement to implement this paragraph. Upon request by the department, the licenses of these obligors shall be subject to suspension, provided that the licenses would not otherwise be eligible for renewal within six months from the date of the request by the department. The board shall have the authority to suspend the license of any licensee on this supplemental list.
(B)If a licensee is on a supplemental list, the board shall immediately serve notice as specified in subdivision (f) on the licensee that his or her license will be automatically suspended 150 days after notice is served, unless compliance with this section is achieved. The notice shall be made personally or by mail to the licensees last known mailing address on file with the board. Service by mail shall be complete in accordance with Section 1013 of the Code of Civil Procedure.
(C)The 150-day notice period shall not be extended.
(D)In the event that any license is suspended pursuant to this section, any funds paid by the licensee shall not be refunded by the board.
(E)This paragraph shall not apply to licenses subject to annual renewal or annual fee.
(f)Notices shall be developed by each board in accordance with guidelines provided by the department and subject to approval by the department. The notice shall include the address and telephone number of the local child support agency that submitted the name on the certified list, and shall emphasize the necessity of obtaining a release from that local child support agency as a condition for the issuance, renewal, or continued valid status of a license or licenses.
(1)In the case of applicants not subject to paragraph (3) of subdivision (e), the notice shall inform the applicant that the board shall issue a temporary license, as provided in subparagraph (A) of paragraph (2) of subdivision (e), for 150 calendar days if the applicant is otherwise eligible and that upon expiration of that time period the license will be denied unless the board has received a release from the local child support agency that submitted the name on the certified list.
(2)In the case of licensees named on a supplemental list, the notice shall inform the licensee that his or her license will continue in its existing status for no more than 150 calendar days from the date of mailing or service of the notice and thereafter will be suspended indefinitely unless, during the 150-day notice period, the board has received a release from the local child support agency that submitted the name on the certified list. Additionally, the notice shall inform the licensee that any license suspended under this section will remain so until the expiration of the remaining license term, unless the board receives a release along with applications and fees, if applicable, to reinstate the license during the license term.
(3)The notice shall also inform the applicant or licensee that if an application is denied or a license is suspended pursuant to this section, any funds paid by the applicant or licensee shall not be refunded by the board. The Department of Child Support Services shall also develop a form that the applicant shall use to request a review by the local child support agency. A copy of this form shall be included with every notice sent pursuant to this subdivision.
(g)(1)Each local child support agency shall maintain review procedures consistent with this section to allow an applicant to have the underlying arrearage and any relevant defenses investigated, to provide an applicant information on the process of obtaining a modification of a support order, or to provide an applicant assistance in the establishment of a payment schedule on arrearages if the circumstances so warrant.
(2)It is the intent of the Legislature that a court or local child support agency, when determining an appropriate payment schedule for arrearages, base its decision on the facts of the particular case and the priority of payment of child support over other debts. The payment schedule shall also recognize that certain expenses may be essential to enable an obligor to be employed. Therefore, in reaching its decision, the court or the local child support agency shall consider both of these goals in setting a payment schedule for arrearages.
(h)If the applicant wishes to challenge the submission of his or her name on the certified list, the applicant shall make a timely written request for review to the local child support agency who certified the applicants name. A request for review pursuant to this section shall be resolved in the same manner and timeframe provided for resolution of a complaint pursuant to Section 17800. The local child support agency shall immediately send a release to the appropriate board and the applicant, if any of the following conditions are met:
(1)The applicant is found to be in compliance or negotiates an agreement with the local child support agency for a payment schedule on arrearages or reimbursement.
(2)The applicant has submitted a request for review, but the local child support agency will be unable to complete the review and send notice of its findings to the applicant within the time specified in Section 17800.
(3)The applicant has filed and served a request for judicial review pursuant to this section, but a resolution of that review will not be made within 150 days of the date of service of notice pursuant to subdivision (f). This paragraph applies only if the delay in completing the judicial review process is not the result of the applicants failure to act in a reasonable, timely, and diligent manner upon receiving the local child support agencys notice of findings.
(4)The applicant has obtained a judicial finding of compliance as defined in this section.
(i)An applicant is required to act with diligence in responding to notices from the board and the local child support agency with the recognition that the temporary license will lapse or the license suspension will go into effect after 150 days and that the local child support agency and, where appropriate, the court must have time to act within that period. An applicants delay in acting, without good cause, which directly results in the inability of the local child support agency to complete a review of the applicants request or the court to hear the request for judicial review within the 150-day period shall not constitute the diligence required under this section which would justify the issuance of a release.
(j)Except as otherwise provided in this section, the local child support agency shall not issue a release if the applicant is not in compliance with the judgment or order for support. The local child support agency shall notify the applicant in writing that the applicant may, by filing an order to show cause or notice of motion, request any or all of the following:
(1)Judicial review of the local child support agencys decision not to issue a release.
(2)A judicial determination of compliance.
(3)A modification of the support judgment or order.
The notice shall also contain the name and address of the court in which the applicant shall file the order to show cause or notice of motion and inform the applicant that his or her name shall remain on the certified list if the applicant does not timely request judicial review. The applicant shall comply with all statutes and rules of court regarding orders to show cause and notices of motion.
This section shall not be deemed to limit an applicant from filing an order to show cause or notice of motion to modify a support judgment or order or to fix a payment schedule on arrearages accruing under a support judgment or order or to obtain a court finding of compliance with a judgment or order for support.
(k)The request for judicial review of the local child support agencys decision shall state the grounds for which review is requested and judicial review shall be limited to those stated grounds. The court shall hold an evidentiary hearing within 20 calendar days of the filing of the request for review. Judicial review of the local child support agencys decision shall be limited to a determination of each of the following issues:
(1)Whether there is a support judgment, order, or payment schedule on arrearages or reimbursement.
(2)Whether the petitioner is the obligor covered by the support judgment or order.
(3)Whether the support obligor is or is not in compliance with the judgment or order of support.
(4)(A)The extent to which the needs of the obligor, taking into account the obligors payment history and the current circumstances of both the obligor and the obligee, warrant a conditional release as described in this subdivision.
(B)The request for judicial review shall be served by the applicant upon the local child support agency that submitted the applicants name on the certified list within seven calendar days of the filing of the petition. The court has the authority to uphold the action, unconditionally release the license, or conditionally release the license.
(C)If the judicial review results in a finding by the court that the obligor is in compliance with the judgment or order for support, the local child support agency shall immediately send a release in accordance with subdivision (l) to the appropriate board and the applicant. If the judicial review results in a finding by the court that the needs of the obligor warrant a conditional release, the court shall make findings of fact stating the basis for the release and the payment necessary to satisfy the unrestricted issuance or renewal of the license without prejudice to a later judicial determination of the amount of support arrearages, including interest, and shall specify payment terms, compliance with which are necessary to allow the release to remain in effect.
(l)The department shall prescribe release forms for use by local child support agencies. When the obligor is in compliance, the local child support agency shall mail to the applicant and the appropriate board a release stating that the applicant is in compliance. The receipt of a release shall serve to notify the applicant and the board that, for the purposes of this section, the applicant is in compliance with the judgment or order for support. Any board that has received a release from the local child support agency pursuant to this subdivision shall process the release within five business days of its receipt.
If the local child support agency determines subsequent to the issuance of a release that the applicant is once again not in compliance with a judgment or order for support, or with the terms of repayment as described in this subdivision, the local child support agency may notify the board, the obligor, and the department in a format prescribed by the department that the obligor is not in compliance.
The department may, when it is economically feasible for the department and the boards to develop an automated process for complying with this subdivision, notify the boards in a manner prescribed by the department, that the obligor is once again not in compliance. Upon receipt of this notice, the board shall immediately notify the obligor on a form prescribed by the department that the obligors license will be suspended on a specific date, and this date shall be no longer than 30 days from the date the form is mailed. The obligor shall be further notified that the license will remain suspended until a new release is issued in accordance with subdivision (h). Nothing in this section shall be deemed to limit the obligor from seeking judicial review of suspension pursuant to the procedures described in subdivision (k).
(m)The department may enter into interagency agreements with the state agencies that have responsibility for the administration of boards necessary to implement this section, to the extent that it is cost effective to implement this section. These agreements shall provide for the receipt by the other state agencies and boards of federal funds to cover that portion of costs allowable in federal law and regulation and incurred by the state agencies and boards in implementing this section. Notwithstanding any other provision of law, revenue generated by a board or state agency shall be used to fund the nonfederal share of costs incurred pursuant to this section. These agreements shall provide that boards shall reimburse the department for the nonfederal share of costs incurred by the department in implementing this section. The boards shall reimburse the department for the nonfederal share of costs incurred pursuant to this section from moneys collected from applicants and licensees.
(n)Notwithstanding any other law, in order for the boards subject to this section to be reimbursed for the costs incurred in administering its provisions, the boards may, with the approval of the appropriate department director, levy on all licensees and applicants a surcharge on any fee or fees collected pursuant to law, or, alternatively, with the approval of the appropriate department director, levy on the applicants or licensees named on a certified list or supplemental list, a special fee.
(o)The process described in subdivision (h) shall constitute the sole administrative remedy for contesting the issuance of a temporary license or the denial or suspension of a license under this section. The procedures specified in the administrative adjudication provisions of the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply to the denial, suspension, or failure to issue or renew a license or the issuance of a temporary license pursuant to this section.
(p)In furtherance of the public policy of increasing child support enforcement and collections, on or before November 1, 1995, the State Department of Social Services shall make a report to the Legislature and the Governor based on data collected by the boards and the district attorneys in a format prescribed by the State Department of Social Services. The report shall contain all of the following:
(1)The number of delinquent obligors certified by district attorneys under this section.
(2)The number of support obligors who also were applicants or licensees subject to this section.
(3)The number of new licenses and renewals that were delayed, temporary licenses issued, and licenses suspended subject to this section and the number of new licenses and renewals granted and licenses reinstated following board receipt of releases as provided by subdivision (h) by May 1, 1995.
(4)The costs incurred in the implementation and enforcement of this section.
(q)Any board receiving an inquiry as to the licensed status of an applicant or licensee who has had a license denied or suspended under this section or has been granted a temporary license under this section shall respond only that the license was denied or suspended or the temporary license was issued pursuant to this section. Information collected pursuant to this section by any state agency, board, or department shall be subject to the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).
(r)Any rules and regulations issued pursuant to this section by any state agency, board, or department may be adopted as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of these regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. The regulations shall become effective immediately upon filing with the Secretary of State.
(s)The department and boards, as appropriate, shall adopt regulations necessary to implement this section.
(t)The Judicial Council shall develop the forms necessary to implement this section, except as provided in subdivisions (f) and (l).
(u)The release or other use of information received by a board pursuant to this section, except as authorized by this section, is punishable as a misdemeanor.
(v)The State Board of Equalization shall enter into interagency agreements with the department and the Franchise Tax Board that will require the department and the Franchise Tax Board to maximize the use of information collected by the State Board of Equalization, for child support enforcement purposes, to the extent it is cost effective and permitted by the Revenue and Taxation Code.
(w)(1)The suspension or revocation of any drivers license, including a commercial drivers license, under this section shall not subject the licensee to vehicle impoundment pursuant to Section 14602.6 of the Vehicle Code.
(2)Notwithstanding any other law, the suspension or revocation of any drivers license, including a commercial drivers license, under this section shall not subject the licensee to increased costs for vehicle liability insurance.
(x)If any provision of this section or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
(y)All rights to administrative and judicial review afforded by this section to an applicant shall also be afforded to a licensee.
SEC. 8.Section 1337.2 of the Health and Safety Code is amended to read:1337.2.(a)An applicant for certification as a certified nurse assistant shall comply with each of the following:
(1)Be at least 16 years of age.
(2)Have successfully completed a training program approved by the department, which includes an examination to test the applicants knowledge and skills related to basic patient care services.
(3)Obtain a criminal record clearance pursuant to Section 1338.5.
(b)(1)No later than July 1, 2019, the department shall require the applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The department shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny licensure to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(c)The state department may establish procedures for issuing certificates which recognize certification programs in other states and countries.
(d)Upon written application, criminal record clearance pursuant to Section 1338.5, and documentation of passing an appropriate competency examination, the state department may issue a certificate to any applicant who possesses a valid state license as either a licensed vocational nurse or a registered nurse issued by any other state or foreign country, and who, in the opinion of the state department, has the qualifications specified in this article.
(e)Upon written application, criminal record clearance pursuant to Section 1338.5, and documentation of passing an appropriate examination, the state department may issue a certificate to any applicant who has completed the fundamentals of nursing courses in a school for registered nurses, approved by the Board of Registered Nursing, or in a school for licensed vocational nurses, approved by the Board of Vocational Nurse and Psychiatric Technician Examiners, which are substantially equivalent to the certification training program specified in this article.
(f)Every person certified as a nurse assistant under this article may be known as a certified nurse assistant and may place the letters CNA after his or her name when working in a licensed health facility. An individual working independently, providing personal care services, may not advertise or represent himself or herself as a certified nurse assistant.
(g)Any person holding a nurse assistant certificate issued by the state department prior to January 1, 1988, may continue to hold himself or herself out as a certified nurse assistant until January 1, 1991. Thereafter, it shall be unlawful for any person not certified under this article to hold himself or herself out to be a certified nurse assistant. Any person willfully making any false representation as being a certified nurse assistant is guilty of a misdemeanor.
(h)Any person who violates this article is guilty of a misdemeanor and, upon a conviction thereof, shall be punished by imprisonment in the county jail for not more than 180 days, or by a fine of not less than twenty dollars ($20) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.
SEC. 9.Section 1736.1 of the Health and Safety Code is amended to read:1736.1.(a)An applicant for certification as a certified home health aide shall comply with each of the following requirements:
(1)Have successfully completed a training program with a minimum of 75 hours or an equivalent competency evaluation program approved by the department pursuant to applicable federal and state regulations.
(2)Obtain a criminal record clearance pursuant to Section 1736.6.
(b)(1)No later than July 1, 2019, the department shall require the applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The department shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny licensure to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(c)Any person who violates this article is guilty of a misdemeanor and, upon a conviction thereof, shall be punished by imprisonment in the county jail for not more than 180 days, or by a fine of not less than twenty dollars ($20) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.
SEC. 10.Section 1797.170 of the Health and Safety Code is amended to read:1797.170.(a)The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt regulations for the training and scope of practice for EMT-I certification.
(b)(1)No later than July 1, 2019, the authority, local EMS agency, and certifying entity shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the authority, local EMS agency, or certifying entity utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the authority or agency may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The authority, local EMS agency, and certifying entity shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny certification to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(c)Any individual certified as an EMT-I pursuant to this division shall be recognized as an EMT-I on a statewide basis, and recertification shall be based on statewide standards.
(d)Effective July 1, 1990, any individual certified as an EMT-I pursuant to this act shall complete a course of training on the nature of sudden infant death syndrome which is developed by the California SIDS program in the State Department of Public Health in consultation with experts in the field of sudden infant death syndrome.
(e)On or before July 1, 2016, the authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt regulations to include the administration of naloxone hydrochloride in the training and scope of practice of EMT-I certification. These regulations shall be substantially similar to existing regulations set forth in Chapter 3 (commencing with Section 100101) of Division 9 of Title 22 of the California Code of Regulations that authorize an EMT-I to receive EMT-II training in the administration of naloxone hydrochloride without having to complete the entire EMT-II certification course. This subdivision shall be implemented in accordance with Chapter 5 (commencing with Section 1798).
SEC. 11.Section 1797.171 of the Health and Safety Code is amended to read:1797.171.(a)The authority shall develop, and after approval of the commission pursuant to Section 1799.50, shall adopt, minimum standards for the training and scope of practice for EMT-II.
(b)(1)No later than July 1, 2019, the authority, local EMS agency, and certifying entity shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the authority, local EMS agency, or certifying entity utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the authority or agency may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The authority, local EMS agency, and certifying entity shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny certification to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(c)An EMT-II shall complete a course of training on the nature of sudden infant death syndrome in accordance with subdivision (b) of Section 1797.170.
(d)In rural or remote areas of the state where patient transport times are particularly long and where local resources are inadequate to support an EMT-P program for EMS responses, the director may approve additions to the scope of practice of EMT-IIs serving the local system, if requested by the medical director of the local EMS agency, and if the EMT-II has received training equivalent to that of an EMT-P. The approval of the director, in consultation with a committee of local EMS medical directors named by the Emergency Medical Directors Association of California, is required prior to implementation of any addition to a local optional scope of practice for EMT-IIs proposed by the medical director of a local EMS agency. No drug or procedure that is not part of the basic EMT-P scope of practice, including, but not limited to, any approved local options, shall be added to any EMT-II scope of practice pursuant to this subdivision.
Approval of additions to the scope of practices pursuant to this subdivision may be given only for EMT-II programs in effect on January 1, 1994.
SEC. 12.Section 1797.172 of the Health and Safety Code is amended to read:1797.172.(a)The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt minimum standards for the training and scope of practice for EMT-P.
(b)The approval of the director, in consultation with a committee of local EMS medical directors named by the EMS Medical Directors Association of California, is required prior to implementation of any addition to a local optional scope of practice for EMT-Ps proposed by the medical director of a local EMS agency.
(c)(1)Notwithstanding any other provision of law, the authority shall be the agency solely responsible for licensure and licensure renewal of EMT-Ps who meet the standards and are not precluded from licensure because of any of the reasons listed in subdivision (c) of Section 1798.200. No later than July 1, 2019, the authority shall require an applicant to provide an individual taxpayer identification number or the social security number in order to establish the identity of the applicant. The information obtained as a result of a state and federal level criminal offender record information search shall be used in accordance with Section 11105 of the Penal Code, and to determine whether the applicant is subject to denial of licensure or licensure renewal pursuant to this division. Submission of fingerprint images to the Department of Justice may not be required for licensure renewal upon determination by the authority that fingerprint images have previously been submitted to the Department of Justice during initial licensure, or a previous licensure renewal, provided that the license has not lapsed and the applicant has resided continuously in the state since the initial licensure.
(2)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(3)If the authority utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the authority may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(4)The authority shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny certification to an applicant based solely on his or her citizenship status or immigration status.
(d)The authority shall charge fees for the licensure and licensure renewal of EMT-Ps in an amount sufficient to support the authoritys licensure program at a level that ensures the qualifications of the individuals licensed to provide quality care. The basic fee for licensure or licensure renewal of an EMT-P shall not exceed one hundred twenty-five dollars ($125) until the adoption of regulations that specify a different amount that does not exceed the authoritys EMT-P licensure, license renewal, and enforcement programs. The authority shall annually evaluate fees to determine if the fee is sufficient to fund the actual costs of the authoritys licensure, licensure renewal, and enforcement programs. If the evaluation shows that the fees are excessive or are insufficient to fund the actual costs of the authoritys EMT-P licensure, licensure renewal, and enforcement programs, then the fees shall be adjusted accordingly through the rulemaking process described in the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Separate additional fees may be charged, at the option of the authority, for services that are not shared by all applicants for licensure and licensure renewal, including, but not limited to, any of the following services:
(1)Initial application for licensure as an EMT-P.
(2)Competency testing, the fee for which shall not exceed thirty dollars ($30), except that an additional fee may be charged for the cost of any services that provide enhanced availability of the exam for the convenience of the EMT-P, such as on-demand electronic testing.
(3)Fingerprint and criminal record check. The applicant shall, if applicable according to subdivision (c), submit fingerprint images and related information for criminal offender record information searches with the Department of Justice and the Federal Bureau of Investigation.
(4)Out-of-state training equivalency determination.
(5)Verification of continuing education for a lapse in licensure.
(6)Replacement of a lost licensure card. The fees charged for individual services shall be set so that the total fees charged to EMT-Ps shall not exceed the authoritys actual total cost for the EMT-P licensure program.
(e)The authority may provide nonconfidential, nonpersonal information relating to EMS programs to interested persons upon request, and may establish and assess fees for the provision of this information. These fees shall not exceed the costs of providing the information.
(f)At the option of the authority, fees may be collected for the authority by an entity that contracts with the authority to provide any of the services associated with the EMT-P program. All fees collected for the authority in a calendar month by any entity designated by the authority pursuant to this section to collect fees for the authority shall be transmitted to the authority for deposit into the Emergency Medical Services Personnel Fund within 30 calendar days following the last day of the calendar month in which the fees were received by the designated entity, unless the contract between the entity and the authority specifies a different timeframe.
SEC. 13.Section 106995 of the Health and Safety Code is amended to read:106995.(a)The department shall prescribe minimum qualifications for granting of permits and certificates in radiologic technology in any classification, as well as continuing education requirements for holders of these permits and certificates in order to protect the public health and safety.
(b)(1)No later than July 1, 2019, the department shall permit an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The department shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny certification to an applicant based solely on his or her citizenship status or immigration status.
SEC. 14.Section 114870 of the Health and Safety Code is amended to read:114870.The department shall do all of the following:
(a)Upon recommendation of the committee, adopt regulations as may be necessary to accomplish the purposes of this chapter.
(b)(1)Provide for certification of radiologic technologists, without limitation as to procedures or areas of application, except as provided in Section 106980. Separate certificates shall be provided for diagnostic radiologic technology, for mammographic radiologic technology, and for therapeutic radiologic technology. If a person has received accreditation to perform mammography from a private accreditation organization, the department shall consider this accreditation when deciding to issue a mammographic radiologic technology certificate.
(2)Provide, upon recommendation of the committee, that a radiologic technologist who operates digital radiography equipment devote a portion of his or her continuing education credit hours to continuing education in digital radiologic technology.
(c)(1)(A)Provide, as may be deemed appropriate, for granting limited permits to persons to conduct radiologic technology limited to the performance of certain procedures or the application of X-rays to specific areas of the human body, except for mammography, prescribe minimum standards of training and experience for these persons, and prescribe procedures for examining applicants for limited permits. The minimum standards shall include a requirement that persons granted limited permits under this subdivision shall meet those fundamental requirements in basic radiological health training and knowledge similar to those required for persons certified under subdivision (b) as the department determines are reasonably necessary for the protection of the health and safety of the public.
(B)Provide that an applicant for approval as a limited permit X-ray technician in the categories of chest radiography, extremities radiography, gastrointestinal radiography, genitourinary radiography, leg-podiatric radiography, skull radiography, and torso-skeletal radiography, as these categories are defined in Section 30443 of Title 17 of the California Code of Regulations, shall have at least 50 hours of education in radiological protection and safety. The department may allocate these hours as it deems appropriate.
(2)Provide that a limited permit X-ray technician in the categories of chest radiography, extremities radiography, gastrointestinal radiography, genitourinary radiography, leg-podiatric radiography, skull radiography, and torso-skeletal radiography, as these categories are defined in Section 30443 of Title 17 of the California Code of Regulations, may perform digital radiography within their respective scopes of practice after completion of 20 hours or more of instruction in digital radiologic technology approved by the department. This requirement shall not be construed to preclude limited permit X-ray technicians in the categories of dental laboratory radiography and X-ray bone densitometry from performing digital radiography upon meeting the educational requirements determined by the department.
(3)Provide, upon recommendation of the committee, that a limited permit X-ray technician who has completed the initial instruction described in paragraph (2) devote a portion of his or her required continuing education credit hours to additional continuing instruction in digital radiologic technology.
(d)Provide for the approval of schools for radiologic technologists. Schools for radiologic technologists shall include 20 hours of approved instruction in digital radiography. The department may exempt a school from this requirement as it deems appropriate.
(e)Provide, upon recommendation of the committee, for certification of licentiates of the healing arts to supervise the operation of X-ray machines or to operate X-ray machines, or both, prescribe minimum standards of training and experience for these licentiates of the healing arts, and prescribe procedures for examining applicants for certification. This certification may limit the use of X-rays to certain X-ray procedures and the application of X-rays to specific areas of the human body.
(f)(1)Provide for certification of any physician and surgeon to operate, and supervise the operation of, a bone densitometer, if that physician and surgeon provides the department a certificate that evidences training in the use of a bone densitometer by a representative of a bone densitometer machine manufacturer, or through any radiologic technology school. The certification shall be valid for the particular bone densitometer the physician and surgeon was trained to use, and for any other bone densitometer that meets all of the criteria specified in subparagraphs (A) to (C), inclusive, if the physician and surgeon has completed training, as specified in subparagraph (A) of paragraph (2), for the use of that bone densitometer. The physician and surgeon shall, upon request of the department, provide evidence of training, pursuant to subparagraph (A) of paragraph (2), for the use of any bone densitometer used by the physician and surgeon. The activity covered by the certificate shall be limited to the use of an X-ray bone densitometer to which all of the following is applicable:
(A)The bone densitometer does not require user intervention for calibration.
(B)The bone densitometer does not provide an image for diagnosis.
(C)The bone densitometer is used only to estimate bone density of the heel, wrist, or finger of the patient.
(2)The certificate shall be accompanied by a copy of the curriculum covered by the manufacturers representative or radiologic technology school. The curriculum shall include, at a minimum, instruction in all of the following areas:
(A)Procedures for operation of the bone densitometer by the physician and surgeon, and for the supervision of the operation of the bone densitometer by other persons, including procedures for quality assurance of the bone densitometer.
(B)Proper radiation protection of the operator, the patient, and third parties in proximity to the bone densitometer.
(C)Provisions of Article 5 (commencing with Section 106955) of Chapter 4 of Part 1 of Division 104.
(D)Provisions of Chapter 6 (commencing with Section 114840) of Part 9 of Division 104.
(E)Provisions of Group 1 (commencing with Section 30100) of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(F)Provisions of Group 1.5 (commencing with Section 30108) of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(G)Provisions of Article 1 (commencing with Section 30252) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(H)Provisions of Article 2 (commencing with Section 30254) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(I)Provisions of Article 3 (commencing with Section 30275) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(J)Provisions of Article 4 (commencing with Section 30305) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(K)Provisions of Subchapter 4.5 (commencing with Section 30400) of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(3)(A)Notwithstanding any other provision of law, this subdivision shall constitute all the requirements that must be met by a physician and surgeon in order to operate, and supervise the operation of, a bone densitometer. The department may adopt regulations consistent with this section in order to administer the certification requirements.
(B)No person may be supervised by a physician and surgeon in the use of a bone densitometer unless that person possesses the necessary license or permit required by the department.
(C)Nothing in this subdivision shall affect the requirements imposed by the committee or the department for the registration of a bone densitometer machine, or for the inspection of facilities in which any bone densitometer machine is operated.
(D)This subdivision shall not apply to a licentiate of the healing arts who is certified pursuant to subdivision (e) or pursuant to Section 107111.
(E)The department shall charge a fee for a certificate issued pursuant to this subdivision to the extent necessary to administer certification. The fee shall be in an amount sufficient to cover the departments costs of implementing this subdivision and shall not exceed the fee for certification to operate or supervise the operation of an X-ray machine pursuant to subdivision (e). The fees collected pursuant to this subparagraph shall be deposited into the Radiation Control Fund established pursuant to Section 114980.
(g)Upon recommendation of the committee, exempt from certification requirements those licentiates of the healing arts who have successfully completed formal courses in schools certified by the department and who have successfully passed a roentgenology technology and radiation protection examination approved by the department and administered by the board that issued his or her license.
(h)(1)No later than July 1, 2019, the department shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for or the renewal of a certificate, license, or permit issued under this section or regulations promulgated pursuant thereto.
(2)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(3)The department shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate, license, or permit issued under this section or regulations promulgated pursuant thereto.
(B)Deny certification to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(4)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
SEC. 15.Section 2.5 of this bill incorporates amendments to Section 30 of the Business and Professions Code proposed by both this bill and Assembly Bill 3249. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 30 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 3249, in which case Section 2 of this bill shall not become operative.
SEC. 16.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The Legislature finds and declares that it is in the best interest of the State of California to provide persons who are not lawfully present in the United States with the state benefits provided by licensing entities, including the State Department of Public Health, the Emergency Medical Services Authority, and the Commission on Teacher Credentialing.
(b)It is the intent of the Legislature to utilize the individual taxpayer identification number or social security number for the purpose of establishing identification of persons applying for individual certificates or credentials.
(c)It is the intent of the Legislature that a licensing entity not deny licensure to an otherwise qualified and eligible individual based solely on his or her citizenship status or immigration status.
(d)It is the intent of the Legislature to ensure that a licensing entity update its policies and regulations, no later than July 1, 2019, to no longer require disclosure of citizenship status or immigration status for any applicant.
SEC. 2.Section 30 of the Business and Professions Code, as added by Section 2 of Chapter 828 of the Statutes of 2017, is amended to read:30.(a)(1)Notwithstanding any other law, any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicants social security number for all other applicants.
(2)(A)In accordance with Section 135.5, a board, as defined in Section 22, the State Bar of California, and the Department of Real Estate shall require either the individual taxpayer identification number or social security number if the applicant is an individual for a license or certificate, as defined in subparagraph (2) of subdivision (e), and for purposes of this subdivision.
(B)In implementing the requirements of subparagraph (A), a licensing board shall not require an individual to disclose either citizenship status or immigration status for purposes of licensure.
(C)A licensing board shall not deny licensure to an otherwise qualified and eligible individual based solely on his or her citizenship status or immigration status.
(D)The Legislature finds and declares that the requirements of this subdivision are consistent with subdivision subsection (d) of Section 1621 of Title 8 of the United States Code.
(b)A licensee failing to provide the federal employer identification number, or the individual taxpayer identification number or social security number shall be reported by the licensing board to the Franchise Tax Board. If the licensee fails to provide that information after notification pursuant to paragraph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code, the licensee shall be subject to the penalty provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation Code.
(c)In addition to the penalty specified in subdivision (b), a licensing board shall not process an application for an initial license unless the applicant provides its federal employer identification number, or individual taxpayer identification number or social security number where requested on the application.
(d)A licensing board shall, upon request of the Franchise Tax Board or the Employment Development Department, furnish to the board or the department, as applicable, the following information with respect to every licensee:
(1)Name.
(2)Address or addresses of record.
(3)Federal employer identification number if the licensee is a partnership, or the licensees individual taxpayer identification number or social security number for all other licensees.
(4)Type of license.
(5)Effective date of license or a renewal.
(6)Expiration date of license.
(7)Whether license is active or inactive, if known.
(8)Whether license is new or a renewal.
(e)For the purposes of this section:
(1)Licensee means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(2)License includes a certificate, registration, or any other authorization needed to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(3)Licensing board means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate.
(f)The reports required under this section shall be filed on magnetic media or in other machine-readable form, according to standards furnished by the Franchise Tax Board or the Employment Development Department, as applicable.
(g)Licensing boards shall provide to the Franchise Tax Board or the Employment Development Department the information required by this section at a time that the board or the department, as applicable, may require.
(h)Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, a federal employer identification number, individual taxpayer identification number, or social security number furnished pursuant to this section shall not be deemed to be a public record and shall not be open to the public for inspection.
(i)A deputy, agent, clerk, officer, or employee of a licensing board described in subdivision (a), or any former officer or employee or other individual who, in the course of his or her employment or duty, has or has had access to the information required to be furnished under this section, shall not disclose or make known in any manner that information, except as provided pursuant to this section to the Franchise Tax Board, the Employment Development Department, or the Office of the Chancellor of the California Community Colleges, or as provided in subdivisions (j) and (k).
(j)It is the intent of the Legislature in enacting this section to utilize the federal employer identification number, individual taxpayer identification number, or social security number for the purpose of establishing the identification of persons affected by state tax laws, for purposes of compliance with Section 17520 of the Family Code, and for purposes of measuring employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and, to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(k)If the board utilizes a national examination to issue a license, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of any licensing board described in subdivision (a) may release an individual taxpayer identification number or social security number to an examination or licensing entity, only for the purpose of verification of licensure or examination status.
(l)For the purposes of enforcement of Section 17520 of the Family Code, and notwithstanding any other law, a board, as defined in Section 22, the State Bar of California, and the Department of Real Estate shall at the time of issuance of the license require that each licensee provide the individual taxpayer identification number or social security number of each individual listed on the license and any person who qualifies for the license. For the purposes of this subdivision, licensee means an entity that is issued a license by any board, as defined in Section 22, the State Bar of California, the Department of Real Estate, and the Department of Motor Vehicles.
(m)The department shall, upon request by the Office of the Chancellor of the California Community Colleges, furnish to the chancellors office, as applicable, the following information with respect to every licensee:
(1)Name.
(2)Federal employer identification number if the licensee is a partnership, or the licensees individual taxpayer identification number or social security number for all other licensees.
(3)Date of birth.
(4)Type of license.
(5)Effective date of license or a renewal.
(6)Expiration date of license.
(n)The department shall make available information pursuant to subdivision (m) only to allow the chancellors office to measure employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and recommend how these programs may be improved. Licensure information made available by the department pursuant to this section shall not be used for any other purpose.
(o)The department may make available information pursuant to subdivision (m) only to the extent that making the information available complies with state and federal privacy laws.
(p)The department may, by agreement, condition or limit the availability of licensure information pursuant to subdivision (m) in order to ensure the security of the information and to protect the privacy rights of the individuals to whom the information pertains.
(q)All of the following apply to the licensure information made available pursuant to subdivision (m):
(1)It shall be limited to only the information necessary to accomplish the purpose authorized in subdivision (n).
(2)It shall not be used in a manner that permits third parties to personally identify the individual or individuals to whom the information pertains.
(3)Except as provided in subdivision (n), it shall not be shared with or transmitted to any other party or entity without the consent of the individual or individuals to whom the information pertains.
(4)It shall be protected by reasonable security procedures and practices appropriate to the nature of the information to protect that information from unauthorized access, destruction, use, modification, or disclosure.
(5)It shall be immediately and securely destroyed when no longer needed for the purpose authorized in subdivision (n).
(r)The department or the chancellors office may share licensure information with a third party who contracts to perform the function described in subdivision (n), if the third party is required by contract to follow the requirements of this section.
SEC. 2.5.Section 30 of the Business and Professions Code, as added by Section 2 of Chapter 828 of the Statutes of 2017, is amended to read:30.(a)(1)Notwithstanding any other law, any board, as defined in Section 22, and the State Bar of California, and the Department of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicants social security number for all other applicants.
(2)No later than January 1, 2016, in (A)In accordance with Section 135.5, a board, as defined in Section 22, and the State Bar of California, and the Department of Real Estate shall require either the individual taxpayer identification number or social security number if the applicant is an individual for a license or certificate, as defined in subparagraph (2) of subdivision (e), and for purposes of this subdivision.
(B)In implementing the requirements of subparagraph (A), a licensing board shall not require an individual to disclose either citizenship status or immigration status for purposes of licensure.
(C)A licensing board shall not deny licensure to an otherwise qualified and eligible individual based solely on his or her citizenship status or immigration status.
(D)The Legislature finds and declares that the requirements of this subdivision are consistent with subsection (d) of Section 1621 of Title 8 of the United States Code.
(b)A licensee failing to provide the federal employer identification number, or the individual taxpayer identification number or social security number shall be reported by the licensing board to the Franchise Tax Board. If the licensee fails to provide that information after notification pursuant to paragraph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code, the licensee shall be subject to the penalty provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation Code.
(c)In addition to the penalty specified in subdivision (b), a licensing board shall not process an application for an initial license unless the applicant provides its federal employer identification number, or individual taxpayer identification number or social security number where requested on the application.
(d)A licensing board shall, upon request of the Franchise Tax Board or the Employment Development Department, furnish to the board or the department, as applicable, the following information with respect to every licensee:
(1)Name.
(2)Address or addresses of record.
(3)Federal employer identification number if the licensee is a partnership, or the licensees individual taxpayer identification number or social security number for all other licensees.
(4)Type of license.
(5)Effective date of license or a renewal.
(6)Expiration date of license.
(7)Whether license is active or inactive, if known.
(8)Whether license is new or a renewal.
(e)For the purposes of this section:
(1)Licensee means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(2)License includes a certificate, registration, or any other authorization needed to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(3)Licensing board means any board, as defined in Section 22, the State Bar, Bar of California, and the Department of Real Estate.
(f)The reports required under this section shall be filed on magnetic media or in other machine-readable form, according to standards furnished by the Franchise Tax Board or the Employment Development Department, as applicable.
(g)Licensing boards shall provide to the Franchise Tax Board or the Employment Development Department the information required by this section at a time that the board or the department, as applicable, may require.
(h)Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, a federal employer identification number, individual taxpayer identification number, or social security number furnished pursuant to this section shall not be deemed to be a public record and shall not be open to the public for inspection.
(i)A deputy, agent, clerk, officer, or employee of a licensing board described in subdivision (a), or any former officer or employee or other individual who, in the course of his or her employment or duty, has or has had access to the information required to be furnished under this section, shall not disclose or make known in any manner that information, except as provided pursuant to this section section, to the Franchise Tax Board, the Employment Development Department, or the Office of the Chancellor of the California Community Colleges, a collections agency contracted to collect funds owed to the State Bar by licensees pursuant to Sections 6086.10 and 6140.5, or as provided in subdivision subdivisions (j) and (k).
(j)It is the intent of the Legislature in enacting this section to utilize the federal employer identification number, individual taxpayer identification number, or social security number for the purpose of establishing the identification of persons affected by state tax laws, for purposes of compliance with Section 17520 of the Family Code, and for purposes of measuring employment outcomes of students who participate in career technical education programs offered by the California Community Colleges Colleges, and for purposes of collecting funds owed to the State Bar by licensees pursuant to Section 6086.10 and Section 6140.5 and, to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(k)If the board utilizes a national examination to issue a license, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of any licensing board described in subdivision (a) may release an individual taxpayer identification number or social security number to an examination or licensing entity, only for the purpose of verification of licensure or examination status.
(l)For the purposes of enforcement of Section 17520 of the Family Code, and notwithstanding any other law, a board, as defined in Section 22, and the State Bar of California, and the Department of Real Estate shall at the time of issuance of the license require that each licensee provide the individual taxpayer identification number or social security number of each individual listed on the license and any person who qualifies for the license. For the purposes of this subdivision, licensee means an entity that is issued a license by any board, as defined in Section 22, the State Bar, Bar of California, the Department of Real Estate, and the Department of Motor Vehicles.
(m)The department shall, upon request by the Office of the Chancellor of the California Community Colleges, furnish to the chancellors office, as applicable, the following information with respect to every licensee:
(1)Name.
(2)Federal employer identification number if the licensee is a partnership, or the licensees individual taxpayer identification number or social security number for all other licensees.
(3)Date of birth.
(4)Type of license.
(5)Effective date of license or a renewal.
(6)Expiration date of license.
(n)The department shall make available information pursuant to subdivision (m) only to allow the chancellors office to measure employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and recommend how these programs may be improved. Licensure information made available by the department pursuant to this section shall not be used for any other purpose.
(o)The department may make available information pursuant to subdivision (m) only to the extent that making the information available complies with state and federal privacy laws.
(p)The department may, by agreement, condition or limit the availability of licensure information pursuant to subdivision (m) in order to ensure the security of the information and to protect the privacy rights of the individuals to whom the information pertains.
(q)All of the following apply to the licensure information made available pursuant to subdivision (m):
(1)It shall be limited to only the information necessary to accomplish the purpose authorized in subdivision (n).
(2)It shall not be used in a manner that permits third parties to personally identify the individual or individuals to whom the information pertains.
(3)Except as provided in subdivision (n), it shall not be shared with or transmitted to any other party or entity without the consent of the individual or individuals to whom the information pertains.
(4)It shall be protected by reasonable security procedures and practices appropriate to the nature of the information to protect that information from unauthorized access, destruction, use, modification, or disclosure.
(5)It shall be immediately and securely destroyed when no longer needed for the purpose authorized in subdivision (n).
(r)The department or the chancellors office may share licensure information with a third party who contracts to perform the function described in subdivision (n), if the third party is required by contract to follow the requirements of this section.
(s)This section shall become operative on July 1, 2018.SEC. 3.Section 1247.61 of the Business and Professions Code is amended to read:1247.61.To be certified by the department as a Certified Hemodialysis Technician (CHT), a person shall meet all of the following requirements:
(a)Have a high school diploma or equivalency, or have greater than four years of work experience in dialysis as of October 14, 2008.
(b)Have successfully completed a training program that is approved by the medical director and governing body of a hemodialysis clinic or unit, under the direction of a registered nurse. Following approval by the medical director and governing body, the training program shall be submitted to the department for approval. The training program shall be approved by the department prior to implementation. The training program shall focus on the operation of kidney dialysis equipment and machines, providing direct patient care, and communication and interpersonal skills, including patient sensitivity training and care of difficult patients. For purposes of this subdivision, a person successfully completes a training program if he or she completes all didactic portions of the program and demonstrates competency in the knowledge and skills provided by the program.
(1)The training program shall include all of the following subjects, at a minimum:
(A)Principles of dialysis.
(B)Care of patients with kidney failure, including interpersonal skills.
(C)Dialysis procedures and documentation, including initiation, proper cannulation techniques, monitoring, and termination of dialysis.
(D)Possible complications of dialysis.
(E)Water treatment and dialysate preparation.
(F)Infection control.
(G)Safety.
(H)Dialyzer reprocessing, if applicable.
(2)A community or corporate-based training program, or a training program offered by an educational institution, is acceptable if the program meets the requirements of this subdivision.
(3)A person employed as a hemodialysis technician by a hemodialysis clinic or unit for more than two years as of October 14, 2008, who does not have documentation of having successfully completed a training program meeting the requirements of this subdivision, shall be deemed to be in compliance with this subdivision by doing both of the following:
(A)Passing a written exam, offered by a hemodialysis clinic or unit, or a community or corporate-based training program that meets the requirements of this chapter, covering the subjects listed in paragraph (1).
(B)Passing a skills checklist through observation by a registered nurse of the skills listed in paragraph (1).
(c)Successfully accomplish either of the following:
(1)Pass a standardized test that is approved by the department and that covers the subjects listed in paragraph (1) of subdivision (b) and in Section 1247.5. This test shall be administered in a proctored environment by an independent examiner. For purposes of this subdivision, independent examiners may include representatives appointed by End-Stage Renal Disease Network 17, End-Stage Renal Disease Network 18, the California Dialysis Council, or any private testing organization approved by the department for that purpose.
(2)Successfully pass an examination offered by a national, commercially available certification program for hemodialysis technicians which is approved for this purpose by the Centers for Medicare and Medicaid Services.
(d)(1)No later than July 1, 2019, the department shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for or the renewal of a certificate issued under this section or regulations promulgated pursuant thereto.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification number or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The department shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny certification to an applicant based solely on his or her citizenship status or immigration status.
SEC. 4.Section 44339.5 is added to the Education Code, to read:44339.5.(a)The commission, by July 1, 2019, shall authorize the use of an individual tax identification number in lieu of a social security number for purposes of applying for a credential, or the renewal of a credential, when an applicant cannot provide his or her social security number.
(b)An applicant shall not be required to disclose citizenship status or immigration status for purposes of the application or renewal of a credential.
(c)An applicant shall not be denied a credential based solely on his or her citizenship status or immigration status if otherwise qualified and eligible for the credential.
SEC. 5.Section 4014 of the Family Code is amended to read:4014.(a)Any order for child support issued or modified pursuant to this chapter shall include a provision requiring the obligor and child support obligee to notify the other parent or, if the order requires payment through an agency designated under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the agency named in the order, of the name and address of his or her current employer.
(b)The requirements set forth in this subdivision apply only in cases in which the local child support agency is not providing child support services pursuant to Section 17400. To the extent required by federal law, and subject to applicable confidentiality provisions of state or federal law, any judgment for paternity and any order for child support entered or modified pursuant to any provision of law shall include a provision requiring the child support obligor and obligee to file with the court all of the following information:
(1)Residential and mailing address.
(2)Social security number, individual taxpayer identification number, or other uniform identification number.
(3)Telephone number.
(4)Drivers license number or identification card number issued by the Department of Motor Vehicles.
(5)Name, address, and telephone number of the employer.
(6)Any other information prescribed by the Judicial Council.
The judgment or order shall specify that each parent is responsible for providing his or her own information, that the information must be filed with the court within 10 days of the court order, and that new or different information must be filed with the court within 10 days after any event causing a change in the previously provided information.
(c)The requirements set forth in this subdivision shall only apply in cases in which the local child support agency is not providing child support services pursuant to Section 17400. Once the child support registry, as described in Section 17391 is operational, any judgment for paternity and any order for child support entered or modified pursuant to any provision of law shall include a provision requiring the child support obligor and obligee to file and keep updated the information specified in subdivision (b) with the child support registry.
(d)The Judicial Council shall develop forms to implement this section. The forms shall be developed so as not to delay the implementation of the Statewide Child Support Registry described in Section 17391 and shall be available no later than 30 days prior to the implementation of the Statewide Child Support Registry.
SEC. 6.Section 17506 of the Family Code is amended to read:17506.(a)There is in the department a California Parent Locator Service and Central Registry that shall collect and disseminate all of the following, with respect to any parent, putative parent, spouse, or former spouse:
(1)The full and true name of the parent together with any known aliases.
(2)Date and place of birth.
(3)Physical description.
(4)Social security number, individual taxpayer identification number, or other uniform identification number.
(5)Employment history and earnings.
(6)Military status and Veterans Administration or military service serial number.
(7)Last known address, telephone number, and date thereof.
(8)Drivers license number or identification card number issued by the Department of Motor Vehicles, driving record, and vehicle registration information.
(9)Criminal, licensing, and applicant records and information.
(10)(A)Any additional location, asset, and income information, including income tax return information obtained pursuant to Section 19548 of the Revenue and Taxation Code, and to the extent permitted by federal law, the address, telephone number, and social security number obtained from a public utility, cable television corporation, a provider of electronic digital pager communication, or a provider of mobile telephony services that may be of assistance in locating the parent, putative parent, abducting, concealing, or detaining parent, spouse, or former spouse, in establishing a parent and child relationship, in enforcing the child support liability of the absent parent, or enforcing the spousal support liability of the spouse or former spouse to the extent required by the state plan pursuant to Section 17604.
(B)For purposes of this subdivision, income tax return information means all of the following regarding the taxpayer:
(i)Assets.
(ii)Credits.
(iii)Deductions.
(iv)Exemptions.
(v)Identity.
(vi)Liabilities.
(vii)Nature, source, and amount of income.
(viii)Net worth.
(ix)Payments.
(x)Receipts.
(xi)Address.
(xii)Social security number, individual taxpayer identification number, or other uniform identification number.
(b)Pursuant to a letter of agreement entered into between the Department of Child Support Services and the Department of Justice, the Department of Child Support Services shall assume responsibility for the California Parent Locator Service and Central Registry. The letter of agreement shall, at a minimum, set forth all of the following:
(1)Contingent upon funding in the Budget Act, the Department of Child Support Services shall assume responsibility for leadership and staff of the California Parent Locator Service and Central Registry commencing July 1, 2003.
(2)All employees and other personnel who staff or provide support for the California Parent Locator Service and Central Registry shall, at the time of the transition, at their option, become the employees of the Department of Child Support Services at their existing or equivalent classification, salaries, and benefits.
(3)Until the departments automation system for the California Parent Locator Service and Central Registry functions is fully operational, the department shall use the automation system operated by the Department of Justice.
(4)Any other provisions necessary to ensure continuity of function and meet or exceed existing levels of service.
(c)To effectuate the purposes of this section, the California Child Support Enforcement System and the California Parent Locator Service and Central Registry shall utilize the federal Parent Locator Service to the extent necessary, and may request and shall receive from all departments, boards, bureaus, or other agencies of the state, or any of its political subdivisions, and those entities shall provide, that assistance and data that will enable the Department of Child Support Services and other public agencies to carry out their powers and duties to locate parents, spouses, and former spouses, and to identify their assets, to establish parent-child relationships, and to enforce liability for child or spousal support, and for any other obligations incurred on behalf of children, and shall also provide that information to any local child support agency in fulfilling the duties prescribed in Section 270 of the Penal Code, and in Chapter 8 (commencing with Section 3130) of Part 2 of Division 8 of this code, relating to abducted, concealed, or detained children and to any county child welfare agency or county probation department in fulfilling the duties prescribed in Article 5.5 (commencing with Section 290.1) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, and prescribed in Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code to identify, locate, and notify parents or relatives of children who are the subject of juvenile court proceedings, to establish parent and child relationships pursuant to Section 316.2 of the Welfare and Institutions Code, and to assess the appropriateness of placement of a child with a noncustodial parent pursuant to Section 361.2 of the Welfare and Institutions Code. Consistent with paragraph (1) of subdivision (e) of Section 309 of, and paragraph (2) of subdivision (d) of Section 628 of, the Welfare and Institutions Code, in order for county child welfare and probation departments to carry out their duties to identify and locate all grandparents, adult siblings, and other adult relatives of the child as defined in paragraph (2) of subdivision (f) of Section 319 of the Welfare and Institutions Code, including any other adult relatives suggested by the parents, county personnel are permitted to request and receive information from the California Parent Locator Service and Federal Parent Locator Service. County child welfare agencies and probation departments shall be entitled to the information described in this subdivision regardless of whether an all-county letter or similar instruction is issued pursuant to subparagraph (C) of paragraph (8) of subdivision (c) of Section 11478.1 of the Welfare and Institutions Code. The California Child Support Enforcement System shall be entitled to the same cooperation and information as the California Parent Locator Service and Central Registry to the extent allowed by law. The California Child Support Enforcement System shall be allowed access to criminal record information only to the extent that access is allowed by state and federal law.
(d)(1)To effectuate the purposes of this section, and notwithstanding any other law, regulation, or tariff, and to the extent permitted by federal law, the California Parent Locator Service and Central Registry and the California Child Support Enforcement System may request and shall receive from public utilities, as defined in Section 216 of the Public Utilities Code, customer service information, including the full name, address, telephone number, date of birth, employer name and address, and social security number of customers of the public utility, to the extent that this information is stored within the computer database of the public utility.
(2)To effectuate the purposes of this section, and notwithstanding any other law, regulation, or tariff, and to the extent permitted by federal law, the California Parent Locator Service and Central Registry and the California Child Support Enforcement System may request and shall receive from cable television corporations, as defined in Section 216.4 of the Public Utilities Code, the providers of electronic digital pager communication, as defined in Section 629.51 of the Penal Code, and the providers of mobile telephony services, as defined in Section 224.4 of the Public Utilities Code, customer service information, including the full name, address, telephone number, date of birth, employer name and address, and social security number of customers of the cable television corporation, customers of the providers of electronic digital pager communication, and customers of the providers of mobile telephony services.
(3)In order to protect the privacy of utility, cable television, electronic digital pager communication, and mobile telephony service customers, a request to a public utility, cable television corporation, provider of electronic digital pager communication, or provider of mobile telephony services for customer service information pursuant to this section shall meet the following requirements:
(A)Be submitted to the public utility, cable television corporation, provider of electronic digital pager communication, or provider of mobile telephony services in writing, on a transmittal document prepared by the California Parent Locator Service and Central Registry or the California Child Support Enforcement System and approved by all of the public utilities, cable television corporations, providers of electronic digital pager communication, and providers of mobile telephony services. The transmittal shall be deemed to be an administrative subpoena for customer service information.
(B)Have the signature of a representative authorized by the California Parent Locator Service and Central Registry or the California Child Support Enforcement System.
(C)Contain at least three of the following data elements regarding the person sought:
(i)First and last name, and middle initial, if known.
(ii)Social security number.
(iii)Drivers license number or identification card number issued by the Department of Motor Vehicles.
(iv)Birth date.
(v)Last known address.
(vi)Spouses name.
(D)The California Parent Locator Service and Central Registry and the California Child Support Enforcement System shall ensure that each public utility, cable television corporation, provider of electronic digital pager communication services, and provider of mobile telephony services has at all times a current list of the names of persons authorized to request customer service information.
(E)The California Child Support Enforcement System and the California Parent Locator Service and Central Registry shall ensure that customer service information supplied by a public utility, cable television corporation, provider of electronic digital pager communication, or provider of mobile telephony services is applicable to the person who is being sought before releasing the information pursuant to subdivision (d).
(4)During the development of the California Child Support Enforcement System, the department shall determine the necessity of additional locate sources, including those specified in this section, based upon the cost-effectiveness of those sources.
(5)The public utility, cable television corporation, electronic digital pager communication provider, or mobile telephony service provider may charge a fee to the California Parent Locator Service and Central Registry or the California Child Support Enforcement System for each search performed pursuant to this subdivision to cover the actual costs to the public utility, cable television corporation, electronic digital pager communication provider, or mobile telephony service provider for providing this information.
(6)No public utility, cable television corporation, electronic digital pager communication provider, or mobile telephony service provider or official or employee thereof, shall be subject to criminal or civil liability for the release of customer service information as authorized by this subdivision.
(e)Notwithstanding Section 14203 of the Penal Code, any records established pursuant to this section shall be disseminated only to the Department of Child Support Services, the California Child Support Enforcement System, the California Parent Locator Service and Central Registry, the parent locator services and central registries of other states as defined by federal statutes and regulations, a local child support agency of any county in this state, and the federal Parent Locator Service. The California Child Support Enforcement System shall be allowed access to criminal offender record information only to the extent that access is allowed by law.
(f)(1)At no time shall any information received by the California Parent Locator Service and Central Registry or by the California Child Support Enforcement System be disclosed to any person, agency, or other entity, other than those persons, agencies, and entities specified pursuant to Section 17505, this section, or any other provision.
(2)This subdivision shall not otherwise affect discovery between parties in any action to establish, modify, or enforce child, family, or spousal support, that relates to custody or visitation.
(g)(1)The Department of Justice, in consultation with the Department of Child Support Services, shall promulgate rules and regulations to facilitate maximum and efficient use of the California Parent Locator Service and Central Registry. Upon implementation of the California Child Support Enforcement System, the Department of Child Support Services shall assume all responsibility for promulgating rules and regulations for use of the California Parent Locator Service and Central Registry.
(2)The Department of Child Support Services, the Public Utilities Commission, the cable television corporations, providers of electronic digital pager communication, and the providers of mobile telephony services shall develop procedures for obtaining the information described in subdivision (c) from public utilities, cable television corporations, providers of electronic digital pager communication, and providers of mobile telephony services and for compensating the public utilities, cable television corporations, providers of electronic digital pager communication, and providers of mobile telephony services for providing that information.
(h)The California Parent Locator Service and Central Registry may charge a fee not to exceed eighteen dollars ($18) for any service it provides pursuant to this section that is not performed or funded pursuant to Section 651 and following of Title 42 of the United States Code.
(i)This section shall be construed in a manner consistent with the other provisions of this article.
SEC. 7.Section 17520 of the Family Code is amended to read:17520.(a)As used in this section:
(1)Applicant means a person applying for issuance or renewal of a license.
(2)Board means an entity specified in Section 101 of the Business and Professions Code, the entities referred to in Sections 1000 and 3600 of the Business and Professions Code, the State Bar of California, the Department of Real Estate, the Department of Motor Vehicles, the Secretary of State, the Department of Fish and Wildlife, and any other state commission, department, committee, examiner, or agency that issues a license, certificate, credential, permit, registration, or any other authorization to engage in a business, occupation, or profession, or to the extent required by federal law or regulations, for recreational purposes. This term includes all boards, commissions, departments, committees, examiners, entities, and agencies that issue a license, certificate, credential, permit, registration, or any other authorization to engage in a business, occupation, or profession. The failure to specifically name a particular board, commission, department, committee, examiner, entity, or agency that issues a license, certificate, credential, permit, registration, or any other authorization to engage in a business, occupation, or profession does not exclude that board, commission, department, committee, examiner, entity, or agency from this term.
(3)Certified list means a list provided by the local child support agency to the Department of Child Support Services in which the local child support agency verifies, under penalty of perjury, that the names contained therein are support obligors found to be out of compliance with a judgment or order for support in a case being enforced under Title IV-D of the federal Social Security Act.
(4)Compliance with a judgment or order for support means that, as set forth in a judgment or order for child or family support, the obligor is no more than 30 calendar days in arrears in making payments in full for current support, in making periodic payments in full, whether court ordered or by agreement with the local child support agency, on a support arrearage, or in making periodic payments in full, whether court ordered or by agreement with the local child support agency, on a judgment for reimbursement for public assistance, or has obtained a judicial finding that equitable estoppel as provided in statute or case law precludes enforcement of the order. The local child support agency is authorized to use this section to enforce orders for spousal support only when the local child support agency is also enforcing a related child support obligation owed to the obligee parent by the same obligor, pursuant to Sections 17400 and 17604.
(5)License includes membership in the State Bar of California, and a certificate, credential, permit, registration, or any other authorization issued by a board that allows a person to engage in a business, occupation, or profession, or to operate a commercial motor vehicle, including appointment and commission by the Secretary of State as a notary public. License also includes any drivers license issued by the Department of Motor Vehicles, any commercial fishing license issued by the Department of Fish and Wildlife, and to the extent required by federal law or regulations, any license used for recreational purposes. This term includes all licenses, certificates, credentials, permits, registrations, or any other authorization issued by a board that allows a person to engage in a business, occupation, or profession. The failure to specifically name a particular type of license, certificate, credential, permit, registration, or other authorization issued by a board that allows a person to engage in a business, occupation, or profession, does not exclude that license, certificate, credential, permit, registration, or other authorization from this term.
(6)Licensee means a person holding a license, certificate, credential, permit, registration, or other authorization issued by a board, to engage in a business, occupation, or profession, or a commercial drivers license as defined in Section 15210 of the Vehicle Code, including an appointment and commission by the Secretary of State as a notary public. Licensee also means a person holding a drivers license issued by the Department of Motor Vehicles, a person holding a commercial fishing license issued by the Department of Fish and Game, and to the extent required by federal law or regulations, a person holding a license used for recreational purposes. This term includes all persons holding a license, certificate, credential, permit, registration, or any other authorization to engage in a business, occupation, or profession, and the failure to specifically name a particular type of license, certificate, credential, permit, registration, or other authorization issued by a board does not exclude that person from this term. For licenses issued to an entity that is not an individual person, licensee includes an individual who is either listed on the license or who qualifies for the license.
(b)The local child support agency shall maintain a list of those persons included in a case being enforced under Title IV-D of the federal Social Security Act against whom a support order or judgment has been rendered by, or registered in, a court of this state, and who are not in compliance with that order or judgment. The local child support agency shall submit a certified list with the names, social security numbers, individual taxpayer identification numbers, or other uniform identification numbers, and last known addresses of these persons and the name, address, and telephone number of the local child support agency who certified the list to the department. The local child support agency shall verify, under penalty of perjury, that the persons listed are subject to an order or judgment for the payment of support and that these persons are not in compliance with the order or judgment. The local child support agency shall submit to the department an updated certified list on a monthly basis.
(c)The department shall consolidate the certified lists received from the local child support agencies and, within 30 calendar days of receipt, shall provide a copy of the consolidated list to each board that is responsible for the regulation of licenses, as specified in this section.
(d)On or before November 1, 1992, or as soon thereafter as economically feasible, as determined by the department, all boards subject to this section shall implement procedures to accept and process the list provided by the department, in accordance with this section. Notwithstanding any other law, all boards shall collect social security numbers or individual taxpayer identification numbers from all applicants for the purposes of matching the names of the certified list provided by the department to applicants and licensees and of responding to requests for this information made by child support agencies.
(e)(1)Promptly after receiving the certified consolidated list from the department, and prior to the issuance or renewal of a license, each board shall determine whether the applicant is on the most recent certified consolidated list provided by the department. The board shall have the authority to withhold issuance or renewal of the license of an applicant on the list.
(2)If an applicant is on the list, the board shall immediately serve notice as specified in subdivision (f) on the applicant of the boards intent to withhold issuance or renewal of the license. The notice shall be made personally or by mail to the applicants last known mailing address on file with the board. Service by mail shall be complete in accordance with Section 1013 of the Code of Civil Procedure.
(A)The board shall issue a temporary license valid for a period of 150 days to any applicant whose name is on the certified list if the applicant is otherwise eligible for a license.
(B)Except as provided in subparagraph (D), the 150-day time period for a temporary license shall not be extended. Except as provided in subparagraph (D), only one temporary license shall be issued during a regular license term and it shall coincide with the first 150 days of that license term. As this paragraph applies to commercial drivers licenses, license term shall be deemed to be 12 months from the date the application fee is received by the Department of Motor Vehicles. A license for the full or remainder of the license term shall be issued or renewed only upon compliance with this section.
(C)In the event that a license or application for a license or the renewal of a license is denied pursuant to this section, any funds paid by the applicant or licensee shall not be refunded by the board.
(D)This paragraph shall apply only in the case of a drivers license, other than a commercial drivers license. Upon the request of the local child support agency or by order of the court upon a showing of good cause, the board shall extend a 150-day temporary license for a period not to exceed 150 extra days.
(3)(A)The department may, when it is economically feasible for the department and the boards to do so as determined by the department, in cases where the department is aware that certain child support obligors listed on the certified lists have been out of compliance with a judgment or order for support for more than four months, provide a supplemental list of these obligors to each board with which the department has an interagency agreement to implement this paragraph. Upon request by the department, the licenses of these obligors shall be subject to suspension, provided that the licenses would not otherwise be eligible for renewal within six months from the date of the request by the department. The board shall have the authority to suspend the license of any licensee on this supplemental list.
(B)If a licensee is on a supplemental list, the board shall immediately serve notice as specified in subdivision (f) on the licensee that his or her license will be automatically suspended 150 days after notice is served, unless compliance with this section is achieved. The notice shall be made personally or by mail to the licensees last known mailing address on file with the board. Service by mail shall be complete in accordance with Section 1013 of the Code of Civil Procedure.
(C)The 150-day notice period shall not be extended.
(D)In the event that any license is suspended pursuant to this section, any funds paid by the licensee shall not be refunded by the board.
(E)This paragraph shall not apply to licenses subject to annual renewal or annual fee.
(f)Notices shall be developed by each board in accordance with guidelines provided by the department and subject to approval by the department. The notice shall include the address and telephone number of the local child support agency that submitted the name on the certified list, and shall emphasize the necessity of obtaining a release from that local child support agency as a condition for the issuance, renewal, or continued valid status of a license or licenses.
(1)In the case of applicants not subject to paragraph (3) of subdivision (e), the notice shall inform the applicant that the board shall issue a temporary license, as provided in subparagraph (A) of paragraph (2) of subdivision (e), for 150 calendar days if the applicant is otherwise eligible and that upon expiration of that time period the license will be denied unless the board has received a release from the local child support agency that submitted the name on the certified list.
(2)In the case of licensees named on a supplemental list, the notice shall inform the licensee that his or her license will continue in its existing status for no more than 150 calendar days from the date of mailing or service of the notice and thereafter will be suspended indefinitely unless, during the 150-day notice period, the board has received a release from the local child support agency that submitted the name on the certified list. Additionally, the notice shall inform the licensee that any license suspended under this section will remain so until the expiration of the remaining license term, unless the board receives a release along with applications and fees, if applicable, to reinstate the license during the license term.
(3)The notice shall also inform the applicant or licensee that if an application is denied or a license is suspended pursuant to this section, any funds paid by the applicant or licensee shall not be refunded by the board. The Department of Child Support Services shall also develop a form that the applicant shall use to request a review by the local child support agency. A copy of this form shall be included with every notice sent pursuant to this subdivision.
(g)(1)Each local child support agency shall maintain review procedures consistent with this section to allow an applicant to have the underlying arrearage and any relevant defenses investigated, to provide an applicant information on the process of obtaining a modification of a support order, or to provide an applicant assistance in the establishment of a payment schedule on arrearages if the circumstances so warrant.
(2)It is the intent of the Legislature that a court or local child support agency, when determining an appropriate payment schedule for arrearages, base its decision on the facts of the particular case and the priority of payment of child support over other debts. The payment schedule shall also recognize that certain expenses may be essential to enable an obligor to be employed. Therefore, in reaching its decision, the court or the local child support agency shall consider both of these goals in setting a payment schedule for arrearages.
(h)If the applicant wishes to challenge the submission of his or her name on the certified list, the applicant shall make a timely written request for review to the local child support agency who certified the applicants name. A request for review pursuant to this section shall be resolved in the same manner and timeframe provided for resolution of a complaint pursuant to Section 17800. The local child support agency shall immediately send a release to the appropriate board and the applicant, if any of the following conditions are met:
(1)The applicant is found to be in compliance or negotiates an agreement with the local child support agency for a payment schedule on arrearages or reimbursement.
(2)The applicant has submitted a request for review, but the local child support agency will be unable to complete the review and send notice of its findings to the applicant within the time specified in Section 17800.
(3)The applicant has filed and served a request for judicial review pursuant to this section, but a resolution of that review will not be made within 150 days of the date of service of notice pursuant to subdivision (f). This paragraph applies only if the delay in completing the judicial review process is not the result of the applicants failure to act in a reasonable, timely, and diligent manner upon receiving the local child support agencys notice of findings.
(4)The applicant has obtained a judicial finding of compliance as defined in this section.
(i)An applicant is required to act with diligence in responding to notices from the board and the local child support agency with the recognition that the temporary license will lapse or the license suspension will go into effect after 150 days and that the local child support agency and, where appropriate, the court must have time to act within that period. An applicants delay in acting, without good cause, which directly results in the inability of the local child support agency to complete a review of the applicants request or the court to hear the request for judicial review within the 150-day period shall not constitute the diligence required under this section which would justify the issuance of a release.
(j)Except as otherwise provided in this section, the local child support agency shall not issue a release if the applicant is not in compliance with the judgment or order for support. The local child support agency shall notify the applicant in writing that the applicant may, by filing an order to show cause or notice of motion, request any or all of the following:
(1)Judicial review of the local child support agencys decision not to issue a release.
(2)A judicial determination of compliance.
(3)A modification of the support judgment or order.
The notice shall also contain the name and address of the court in which the applicant shall file the order to show cause or notice of motion and inform the applicant that his or her name shall remain on the certified list if the applicant does not timely request judicial review. The applicant shall comply with all statutes and rules of court regarding orders to show cause and notices of motion.
This section shall not be deemed to limit an applicant from filing an order to show cause or notice of motion to modify a support judgment or order or to fix a payment schedule on arrearages accruing under a support judgment or order or to obtain a court finding of compliance with a judgment or order for support.
(k)The request for judicial review of the local child support agencys decision shall state the grounds for which review is requested and judicial review shall be limited to those stated grounds. The court shall hold an evidentiary hearing within 20 calendar days of the filing of the request for review. Judicial review of the local child support agencys decision shall be limited to a determination of each of the following issues:
(1)Whether there is a support judgment, order, or payment schedule on arrearages or reimbursement.
(2)Whether the petitioner is the obligor covered by the support judgment or order.
(3)Whether the support obligor is or is not in compliance with the judgment or order of support.
(4)(A)The extent to which the needs of the obligor, taking into account the obligors payment history and the current circumstances of both the obligor and the obligee, warrant a conditional release as described in this subdivision.
(B)The request for judicial review shall be served by the applicant upon the local child support agency that submitted the applicants name on the certified list within seven calendar days of the filing of the petition. The court has the authority to uphold the action, unconditionally release the license, or conditionally release the license.
(C)If the judicial review results in a finding by the court that the obligor is in compliance with the judgment or order for support, the local child support agency shall immediately send a release in accordance with subdivision (l) to the appropriate board and the applicant. If the judicial review results in a finding by the court that the needs of the obligor warrant a conditional release, the court shall make findings of fact stating the basis for the release and the payment necessary to satisfy the unrestricted issuance or renewal of the license without prejudice to a later judicial determination of the amount of support arrearages, including interest, and shall specify payment terms, compliance with which are necessary to allow the release to remain in effect.
(l)The department shall prescribe release forms for use by local child support agencies. When the obligor is in compliance, the local child support agency shall mail to the applicant and the appropriate board a release stating that the applicant is in compliance. The receipt of a release shall serve to notify the applicant and the board that, for the purposes of this section, the applicant is in compliance with the judgment or order for support. Any board that has received a release from the local child support agency pursuant to this subdivision shall process the release within five business days of its receipt.
If the local child support agency determines subsequent to the issuance of a release that the applicant is once again not in compliance with a judgment or order for support, or with the terms of repayment as described in this subdivision, the local child support agency may notify the board, the obligor, and the department in a format prescribed by the department that the obligor is not in compliance.
The department may, when it is economically feasible for the department and the boards to develop an automated process for complying with this subdivision, notify the boards in a manner prescribed by the department, that the obligor is once again not in compliance. Upon receipt of this notice, the board shall immediately notify the obligor on a form prescribed by the department that the obligors license will be suspended on a specific date, and this date shall be no longer than 30 days from the date the form is mailed. The obligor shall be further notified that the license will remain suspended until a new release is issued in accordance with subdivision (h). Nothing in this section shall be deemed to limit the obligor from seeking judicial review of suspension pursuant to the procedures described in subdivision (k).
(m)The department may enter into interagency agreements with the state agencies that have responsibility for the administration of boards necessary to implement this section, to the extent that it is cost effective to implement this section. These agreements shall provide for the receipt by the other state agencies and boards of federal funds to cover that portion of costs allowable in federal law and regulation and incurred by the state agencies and boards in implementing this section. Notwithstanding any other provision of law, revenue generated by a board or state agency shall be used to fund the nonfederal share of costs incurred pursuant to this section. These agreements shall provide that boards shall reimburse the department for the nonfederal share of costs incurred by the department in implementing this section. The boards shall reimburse the department for the nonfederal share of costs incurred pursuant to this section from moneys collected from applicants and licensees.
(n)Notwithstanding any other law, in order for the boards subject to this section to be reimbursed for the costs incurred in administering its provisions, the boards may, with the approval of the appropriate department director, levy on all licensees and applicants a surcharge on any fee or fees collected pursuant to law, or, alternatively, with the approval of the appropriate department director, levy on the applicants or licensees named on a certified list or supplemental list, a special fee.
(o)The process described in subdivision (h) shall constitute the sole administrative remedy for contesting the issuance of a temporary license or the denial or suspension of a license under this section. The procedures specified in the administrative adjudication provisions of the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply to the denial, suspension, or failure to issue or renew a license or the issuance of a temporary license pursuant to this section.
(p)In furtherance of the public policy of increasing child support enforcement and collections, on or before November 1, 1995, the State Department of Social Services shall make a report to the Legislature and the Governor based on data collected by the boards and the district attorneys in a format prescribed by the State Department of Social Services. The report shall contain all of the following:
(1)The number of delinquent obligors certified by district attorneys under this section.
(2)The number of support obligors who also were applicants or licensees subject to this section.
(3)The number of new licenses and renewals that were delayed, temporary licenses issued, and licenses suspended subject to this section and the number of new licenses and renewals granted and licenses reinstated following board receipt of releases as provided by subdivision (h) by May 1, 1995.
(4)The costs incurred in the implementation and enforcement of this section.
(q)Any board receiving an inquiry as to the licensed status of an applicant or licensee who has had a license denied or suspended under this section or has been granted a temporary license under this section shall respond only that the license was denied or suspended or the temporary license was issued pursuant to this section. Information collected pursuant to this section by any state agency, board, or department shall be subject to the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).
(r)Any rules and regulations issued pursuant to this section by any state agency, board, or department may be adopted as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of these regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. The regulations shall become effective immediately upon filing with the Secretary of State.
(s)The department and boards, as appropriate, shall adopt regulations necessary to implement this section.
(t)The Judicial Council shall develop the forms necessary to implement this section, except as provided in subdivisions (f) and (l).
(u)The release or other use of information received by a board pursuant to this section, except as authorized by this section, is punishable as a misdemeanor.
(v)The State Board of Equalization shall enter into interagency agreements with the department and the Franchise Tax Board that will require the department and the Franchise Tax Board to maximize the use of information collected by the State Board of Equalization, for child support enforcement purposes, to the extent it is cost effective and permitted by the Revenue and Taxation Code.
(w)(1)The suspension or revocation of any drivers license, including a commercial drivers license, under this section shall not subject the licensee to vehicle impoundment pursuant to Section 14602.6 of the Vehicle Code.
(2)Notwithstanding any other law, the suspension or revocation of any drivers license, including a commercial drivers license, under this section shall not subject the licensee to increased costs for vehicle liability insurance.
(x)If any provision of this section or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
(y)All rights to administrative and judicial review afforded by this section to an applicant shall also be afforded to a licensee.
SEC. 8.Section 1337.2 of the Health and Safety Code is amended to read:1337.2.(a)An applicant for certification as a certified nurse assistant shall comply with each of the following:
(1)Be at least 16 years of age.
(2)Have successfully completed a training program approved by the department, which includes an examination to test the applicants knowledge and skills related to basic patient care services.
(3)Obtain a criminal record clearance pursuant to Section 1338.5.
(b)(1)No later than July 1, 2019, the department shall require the applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The department shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny licensure to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(c)The state department may establish procedures for issuing certificates which recognize certification programs in other states and countries.
(d)Upon written application, criminal record clearance pursuant to Section 1338.5, and documentation of passing an appropriate competency examination, the state department may issue a certificate to any applicant who possesses a valid state license as either a licensed vocational nurse or a registered nurse issued by any other state or foreign country, and who, in the opinion of the state department, has the qualifications specified in this article.
(e)Upon written application, criminal record clearance pursuant to Section 1338.5, and documentation of passing an appropriate examination, the state department may issue a certificate to any applicant who has completed the fundamentals of nursing courses in a school for registered nurses, approved by the Board of Registered Nursing, or in a school for licensed vocational nurses, approved by the Board of Vocational Nurse and Psychiatric Technician Examiners, which are substantially equivalent to the certification training program specified in this article.
(f)Every person certified as a nurse assistant under this article may be known as a certified nurse assistant and may place the letters CNA after his or her name when working in a licensed health facility. An individual working independently, providing personal care services, may not advertise or represent himself or herself as a certified nurse assistant.
(g)Any person holding a nurse assistant certificate issued by the state department prior to January 1, 1988, may continue to hold himself or herself out as a certified nurse assistant until January 1, 1991. Thereafter, it shall be unlawful for any person not certified under this article to hold himself or herself out to be a certified nurse assistant. Any person willfully making any false representation as being a certified nurse assistant is guilty of a misdemeanor.
(h)Any person who violates this article is guilty of a misdemeanor and, upon a conviction thereof, shall be punished by imprisonment in the county jail for not more than 180 days, or by a fine of not less than twenty dollars ($20) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.
SEC. 9.Section 1736.1 of the Health and Safety Code is amended to read:1736.1.(a)An applicant for certification as a certified home health aide shall comply with each of the following requirements:
(1)Have successfully completed a training program with a minimum of 75 hours or an equivalent competency evaluation program approved by the department pursuant to applicable federal and state regulations.
(2)Obtain a criminal record clearance pursuant to Section 1736.6.
(b)(1)No later than July 1, 2019, the department shall require the applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The department shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny licensure to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(c)Any person who violates this article is guilty of a misdemeanor and, upon a conviction thereof, shall be punished by imprisonment in the county jail for not more than 180 days, or by a fine of not less than twenty dollars ($20) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.
SEC. 10.Section 1797.170 of the Health and Safety Code is amended to read:1797.170.(a)The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt regulations for the training and scope of practice for EMT-I certification.
(b)(1)No later than July 1, 2019, the authority, local EMS agency, and certifying entity shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the authority, local EMS agency, or certifying entity utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the authority or agency may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The authority, local EMS agency, and certifying entity shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny certification to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(c)Any individual certified as an EMT-I pursuant to this division shall be recognized as an EMT-I on a statewide basis, and recertification shall be based on statewide standards.
(d)Effective July 1, 1990, any individual certified as an EMT-I pursuant to this act shall complete a course of training on the nature of sudden infant death syndrome which is developed by the California SIDS program in the State Department of Public Health in consultation with experts in the field of sudden infant death syndrome.
(e)On or before July 1, 2016, the authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt regulations to include the administration of naloxone hydrochloride in the training and scope of practice of EMT-I certification. These regulations shall be substantially similar to existing regulations set forth in Chapter 3 (commencing with Section 100101) of Division 9 of Title 22 of the California Code of Regulations that authorize an EMT-I to receive EMT-II training in the administration of naloxone hydrochloride without having to complete the entire EMT-II certification course. This subdivision shall be implemented in accordance with Chapter 5 (commencing with Section 1798).
SEC. 11.Section 1797.171 of the Health and Safety Code is amended to read:1797.171.(a)The authority shall develop, and after approval of the commission pursuant to Section 1799.50, shall adopt, minimum standards for the training and scope of practice for EMT-II.
(b)(1)No later than July 1, 2019, the authority, local EMS agency, and certifying entity shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the authority, local EMS agency, or certifying entity utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the authority or agency may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The authority, local EMS agency, and certifying entity shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny certification to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(c)An EMT-II shall complete a course of training on the nature of sudden infant death syndrome in accordance with subdivision (b) of Section 1797.170.
(d)In rural or remote areas of the state where patient transport times are particularly long and where local resources are inadequate to support an EMT-P program for EMS responses, the director may approve additions to the scope of practice of EMT-IIs serving the local system, if requested by the medical director of the local EMS agency, and if the EMT-II has received training equivalent to that of an EMT-P. The approval of the director, in consultation with a committee of local EMS medical directors named by the Emergency Medical Directors Association of California, is required prior to implementation of any addition to a local optional scope of practice for EMT-IIs proposed by the medical director of a local EMS agency. No drug or procedure that is not part of the basic EMT-P scope of practice, including, but not limited to, any approved local options, shall be added to any EMT-II scope of practice pursuant to this subdivision.
Approval of additions to the scope of practices pursuant to this subdivision may be given only for EMT-II programs in effect on January 1, 1994.
SEC. 12.Section 1797.172 of the Health and Safety Code is amended to read:1797.172.(a)The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt minimum standards for the training and scope of practice for EMT-P.
(b)The approval of the director, in consultation with a committee of local EMS medical directors named by the EMS Medical Directors Association of California, is required prior to implementation of any addition to a local optional scope of practice for EMT-Ps proposed by the medical director of a local EMS agency.
(c)(1)Notwithstanding any other provision of law, the authority shall be the agency solely responsible for licensure and licensure renewal of EMT-Ps who meet the standards and are not precluded from licensure because of any of the reasons listed in subdivision (c) of Section 1798.200. No later than July 1, 2019, the authority shall require an applicant to provide an individual taxpayer identification number or the social security number in order to establish the identity of the applicant. The information obtained as a result of a state and federal level criminal offender record information search shall be used in accordance with Section 11105 of the Penal Code, and to determine whether the applicant is subject to denial of licensure or licensure renewal pursuant to this division. Submission of fingerprint images to the Department of Justice may not be required for licensure renewal upon determination by the authority that fingerprint images have previously been submitted to the Department of Justice during initial licensure, or a previous licensure renewal, provided that the license has not lapsed and the applicant has resided continuously in the state since the initial licensure.
(2)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(3)If the authority utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the authority may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(4)The authority shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny certification to an applicant based solely on his or her citizenship status or immigration status.
(d)The authority shall charge fees for the licensure and licensure renewal of EMT-Ps in an amount sufficient to support the authoritys licensure program at a level that ensures the qualifications of the individuals licensed to provide quality care. The basic fee for licensure or licensure renewal of an EMT-P shall not exceed one hundred twenty-five dollars ($125) until the adoption of regulations that specify a different amount that does not exceed the authoritys EMT-P licensure, license renewal, and enforcement programs. The authority shall annually evaluate fees to determine if the fee is sufficient to fund the actual costs of the authoritys licensure, licensure renewal, and enforcement programs. If the evaluation shows that the fees are excessive or are insufficient to fund the actual costs of the authoritys EMT-P licensure, licensure renewal, and enforcement programs, then the fees shall be adjusted accordingly through the rulemaking process described in the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Separate additional fees may be charged, at the option of the authority, for services that are not shared by all applicants for licensure and licensure renewal, including, but not limited to, any of the following services:
(1)Initial application for licensure as an EMT-P.
(2)Competency testing, the fee for which shall not exceed thirty dollars ($30), except that an additional fee may be charged for the cost of any services that provide enhanced availability of the exam for the convenience of the EMT-P, such as on-demand electronic testing.
(3)Fingerprint and criminal record check. The applicant shall, if applicable according to subdivision (c), submit fingerprint images and related information for criminal offender record information searches with the Department of Justice and the Federal Bureau of Investigation.
(4)Out-of-state training equivalency determination.
(5)Verification of continuing education for a lapse in licensure.
(6)Replacement of a lost licensure card. The fees charged for individual services shall be set so that the total fees charged to EMT-Ps shall not exceed the authoritys actual total cost for the EMT-P licensure program.
(e)The authority may provide nonconfidential, nonpersonal information relating to EMS programs to interested persons upon request, and may establish and assess fees for the provision of this information. These fees shall not exceed the costs of providing the information.
(f)At the option of the authority, fees may be collected for the authority by an entity that contracts with the authority to provide any of the services associated with the EMT-P program. All fees collected for the authority in a calendar month by any entity designated by the authority pursuant to this section to collect fees for the authority shall be transmitted to the authority for deposit into the Emergency Medical Services Personnel Fund within 30 calendar days following the last day of the calendar month in which the fees were received by the designated entity, unless the contract between the entity and the authority specifies a different timeframe.
SEC. 13.Section 106995 of the Health and Safety Code is amended to read:106995.(a)The department shall prescribe minimum qualifications for granting of permits and certificates in radiologic technology in any classification, as well as continuing education requirements for holders of these permits and certificates in order to protect the public health and safety.
(b)(1)No later than July 1, 2019, the department shall permit an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The department shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny certification to an applicant based solely on his or her citizenship status or immigration status.
SEC. 14.Section 114870 of the Health and Safety Code is amended to read:114870.The department shall do all of the following:
(a)Upon recommendation of the committee, adopt regulations as may be necessary to accomplish the purposes of this chapter.
(b)(1)Provide for certification of radiologic technologists, without limitation as to procedures or areas of application, except as provided in Section 106980. Separate certificates shall be provided for diagnostic radiologic technology, for mammographic radiologic technology, and for therapeutic radiologic technology. If a person has received accreditation to perform mammography from a private accreditation organization, the department shall consider this accreditation when deciding to issue a mammographic radiologic technology certificate.
(2)Provide, upon recommendation of the committee, that a radiologic technologist who operates digital radiography equipment devote a portion of his or her continuing education credit hours to continuing education in digital radiologic technology.
(c)(1)(A)Provide, as may be deemed appropriate, for granting limited permits to persons to conduct radiologic technology limited to the performance of certain procedures or the application of X-rays to specific areas of the human body, except for mammography, prescribe minimum standards of training and experience for these persons, and prescribe procedures for examining applicants for limited permits. The minimum standards shall include a requirement that persons granted limited permits under this subdivision shall meet those fundamental requirements in basic radiological health training and knowledge similar to those required for persons certified under subdivision (b) as the department determines are reasonably necessary for the protection of the health and safety of the public.
(B)Provide that an applicant for approval as a limited permit X-ray technician in the categories of chest radiography, extremities radiography, gastrointestinal radiography, genitourinary radiography, leg-podiatric radiography, skull radiography, and torso-skeletal radiography, as these categories are defined in Section 30443 of Title 17 of the California Code of Regulations, shall have at least 50 hours of education in radiological protection and safety. The department may allocate these hours as it deems appropriate.
(2)Provide that a limited permit X-ray technician in the categories of chest radiography, extremities radiography, gastrointestinal radiography, genitourinary radiography, leg-podiatric radiography, skull radiography, and torso-skeletal radiography, as these categories are defined in Section 30443 of Title 17 of the California Code of Regulations, may perform digital radiography within their respective scopes of practice after completion of 20 hours or more of instruction in digital radiologic technology approved by the department. This requirement shall not be construed to preclude limited permit X-ray technicians in the categories of dental laboratory radiography and X-ray bone densitometry from performing digital radiography upon meeting the educational requirements determined by the department.
(3)Provide, upon recommendation of the committee, that a limited permit X-ray technician who has completed the initial instruction described in paragraph (2) devote a portion of his or her required continuing education credit hours to additional continuing instruction in digital radiologic technology.
(d)Provide for the approval of schools for radiologic technologists. Schools for radiologic technologists shall include 20 hours of approved instruction in digital radiography. The department may exempt a school from this requirement as it deems appropriate.
(e)Provide, upon recommendation of the committee, for certification of licentiates of the healing arts to supervise the operation of X-ray machines or to operate X-ray machines, or both, prescribe minimum standards of training and experience for these licentiates of the healing arts, and prescribe procedures for examining applicants for certification. This certification may limit the use of X-rays to certain X-ray procedures and the application of X-rays to specific areas of the human body.
(f)(1)Provide for certification of any physician and surgeon to operate, and supervise the operation of, a bone densitometer, if that physician and surgeon provides the department a certificate that evidences training in the use of a bone densitometer by a representative of a bone densitometer machine manufacturer, or through any radiologic technology school. The certification shall be valid for the particular bone densitometer the physician and surgeon was trained to use, and for any other bone densitometer that meets all of the criteria specified in subparagraphs (A) to (C), inclusive, if the physician and surgeon has completed training, as specified in subparagraph (A) of paragraph (2), for the use of that bone densitometer. The physician and surgeon shall, upon request of the department, provide evidence of training, pursuant to subparagraph (A) of paragraph (2), for the use of any bone densitometer used by the physician and surgeon. The activity covered by the certificate shall be limited to the use of an X-ray bone densitometer to which all of the following is applicable:
(A)The bone densitometer does not require user intervention for calibration.
(B)The bone densitometer does not provide an image for diagnosis.
(C)The bone densitometer is used only to estimate bone density of the heel, wrist, or finger of the patient.
(2)The certificate shall be accompanied by a copy of the curriculum covered by the manufacturers representative or radiologic technology school. The curriculum shall include, at a minimum, instruction in all of the following areas:
(A)Procedures for operation of the bone densitometer by the physician and surgeon, and for the supervision of the operation of the bone densitometer by other persons, including procedures for quality assurance of the bone densitometer.
(B)Proper radiation protection of the operator, the patient, and third parties in proximity to the bone densitometer.
(C)Provisions of Article 5 (commencing with Section 106955) of Chapter 4 of Part 1 of Division 104.
(D)Provisions of Chapter 6 (commencing with Section 114840) of Part 9 of Division 104.
(E)Provisions of Group 1 (commencing with Section 30100) of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(F)Provisions of Group 1.5 (commencing with Section 30108) of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(G)Provisions of Article 1 (commencing with Section 30252) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(H)Provisions of Article 2 (commencing with Section 30254) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(I)Provisions of Article 3 (commencing with Section 30275) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(J)Provisions of Article 4 (commencing with Section 30305) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(K)Provisions of Subchapter 4.5 (commencing with Section 30400) of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(3)(A)Notwithstanding any other provision of law, this subdivision shall constitute all the requirements that must be met by a physician and surgeon in order to operate, and supervise the operation of, a bone densitometer. The department may adopt regulations consistent with this section in order to administer the certification requirements.
(B)No person may be supervised by a physician and surgeon in the use of a bone densitometer unless that person possesses the necessary license or permit required by the department.
(C)Nothing in this subdivision shall affect the requirements imposed by the committee or the department for the registration of a bone densitometer machine, or for the inspection of facilities in which any bone densitometer machine is operated.
(D)This subdivision shall not apply to a licentiate of the healing arts who is certified pursuant to subdivision (e) or pursuant to Section 107111.
(E)The department shall charge a fee for a certificate issued pursuant to this subdivision to the extent necessary to administer certification. The fee shall be in an amount sufficient to cover the departments costs of implementing this subdivision and shall not exceed the fee for certification to operate or supervise the operation of an X-ray machine pursuant to subdivision (e). The fees collected pursuant to this subparagraph shall be deposited into the Radiation Control Fund established pursuant to Section 114980.
(g)Upon recommendation of the committee, exempt from certification requirements those licentiates of the healing arts who have successfully completed formal courses in schools certified by the department and who have successfully passed a roentgenology technology and radiation protection examination approved by the department and administered by the board that issued his or her license.
(h)(1)No later than July 1, 2019, the department shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for or the renewal of a certificate, license, or permit issued under this section or regulations promulgated pursuant thereto.
(2)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(3)The department shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate, license, or permit issued under this section or regulations promulgated pursuant thereto.
(B)Deny certification to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(4)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
SEC. 15.Section 2.5 of this bill incorporates amendments to Section 30 of the Business and Professions Code proposed by both this bill and Assembly Bill 3249. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 30 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 3249, in which case Section 2 of this bill shall not become operative.
SEC. 15.SEC. 16.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The Legislature finds and declares that it is in the best interest of the State of California to provide persons who are not lawfully present in the United States with the state benefits provided by licensing entities, including the State Department of Public Health, the Emergency Medical Services Authority, and the Commission on Teacher Credentialing.
(b)It is the intent of the Legislature to utilize the individual taxpayer identification number or social security number for the purpose of establishing identification of persons applying for individual certificates or credentials.
(c)It is the intent of the Legislature that a licensing entity not deny licensure to an otherwise qualified and eligible individual based solely on his or her citizenship status or immigration status.
(d)It is the intent of the Legislature to ensure that a licensing entity update its policies and regulations, no later than July 1, 2019, to no longer require disclosure of citizenship status or immigration status for any applicant.
SEC. 2.Section 30 of the Business and Professions Code, as added by Section 2 of Chapter 828 of the Statutes of 2017, is amended to read:30.(a)(1)Notwithstanding any other law, any board, as defined in Section 22, and the State Bar of California, the State Department of Public Health, and the Department of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicants social security number for all other applicants.
(2)(A)In accordance with Section 135.5, a board, as defined in Section 22, the State Bar of California, the State Department of Public Health, and the Department of Real Estate shall require either the individual taxpayer identification number or social security number if the applicant is an individual for a license or certificate, as defined in subparagraph (2) of subdivision (e), and for purposes of this subdivision.
(B)In implementing the requirements of subparagraph (A), a licensing board shall not require an individual to disclose either citizenship status or immigration status for purposes of licensure.
(C)A licensing board shall not deny licensure to an otherwise qualified and eligible individual based solely on his or her citizenship status or immigration status.
(D)The Legislature finds and declares that the requirements of this subdivision are consistent with subdivision (d) of Section 1621 of Title 8 of the United States Code.
(b)A licensee failing to provide the federal employer identification number, or the individual taxpayer identification number or social security number shall be reported by the licensing board to the Franchise Tax Board. If the licensee fails to provide that information after notification pursuant to paragraph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code, the licensee shall be subject to the penalty provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation Code.
(c)In addition to the penalty specified in subdivision (b), a licensing board shall not process an application for an initial license unless the applicant provides its federal employer identification number, or individual taxpayer identification number or social security number where requested on the application.
(d)A licensing board shall, upon request of the Franchise Tax Board or the Employment Development Department, furnish to the board or the department, as applicable, the following information with respect to every licensee:
(1)Name.
(2)Address or addresses of record.
(3)Federal employer identification number if the licensee is a partnership, or the licensees individual taxpayer identification number or social security number for all other licensees.
(4)Type of license.
(5)Effective date of license or a renewal.
(6)Expiration date of license.
(7)Whether license is active or inactive, if known.
(8)Whether license is new or a renewal.
(e)For the purposes of this section:
(1)Licensee means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(2)License includes a certificate, registration, or any other authorization needed to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(3)Licensing board means any board, as defined in Section 22, the State Bar of California, the State Department of Public Health, and the Department of Real Estate.
(f)The reports required under this section shall be filed on magnetic media or in other machine-readable form, according to standards furnished by the Franchise Tax Board or the Employment Development Department, as applicable.
(g)Licensing boards shall provide to the Franchise Tax Board or the Employment Development Department the information required by this section at a time that the board or the department, as applicable, may require.
(h)Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, a federal employer identification number, individual taxpayer identification number, or social security number furnished pursuant to this section shall not be deemed to be a public record and shall not be open to the public for inspection.
(i)A deputy, agent, clerk, officer, or employee of a licensing board described in subdivision (a), or any former officer or employee or other individual who, in the course of his or her employment or duty, has or has had access to the information required to be furnished under this section, shall not disclose or make known in any manner that information, except as provided pursuant to this section to the Franchise Tax Board, the Employment Development Department, or the Office of the Chancellor of the California Community Colleges, or as provided in subdivision subdivisions (j) and (k).
(j)It is the intent of the Legislature in enacting this section to utilize the federal employer identification number, individual taxpayer identification number, or social security number for the purpose of establishing the identification of persons affected by state tax laws, for purposes of compliance with Section 17520 of the Family Code, and for purposes of measuring employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and, to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(k)If the board utilizes a national examination to issue a license, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of any licensing board described in subdivision (a) may release an individual taxpayer identification number or social security number to an examination or licensing entity, only for the purpose of verification of licensure or examination status.
(l)For the purposes of enforcement of Section 17520 of the Family Code, and notwithstanding any other law, a board, as defined in Section 22, the State Bar of California, the State Department of Public Health, and the Department of Real Estate shall at the time of issuance of the license require that each licensee provide the individual taxpayer identification number or social security number of each individual listed on the license and any person who qualifies for the license. For the purposes of this subdivision, licensee means an entity that is issued a license by any board, as defined in Section 22, the State Bar of California, the State Department of Public Health, the Department of Real Estate, and the Department of Motor Vehicles.
(m)The department shall, upon request by the Office of the Chancellor of the California Community Colleges, furnish to the chancellors office, as applicable, the following information with respect to every licensee:
(1)Name.
(2)Federal employer identification number if the licensee is a partnership, or the licensees individual taxpayer identification number or social security number for all other licensees.
(3)Date of birth.
(4)Type of license.
(5)Effective date of license or a renewal.
(6)Expiration date of license.
(n)The department shall make available information pursuant to subdivision (m) only to allow the chancellors office to measure employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and recommend how these programs may be improved. Licensure information made available by the department pursuant to this section shall not be used for any other purpose.
(o)The department may make available information pursuant to subdivision (m) only to the extent that making the information available complies with state and federal privacy laws.
(p)The department may, by agreement, condition or limit the availability of licensure information pursuant to subdivision (m) in order to ensure the security of the information and to protect the privacy rights of the individuals to whom the information pertains.
(q)All of the following apply to the licensure information made available pursuant to subdivision (m):
(1)It shall be limited to only the information necessary to accomplish the purpose authorized in subdivision (n).
(2)It shall not be used in a manner that permits third parties to personally identify the individual or individuals to whom the information pertains.
(3)Except as provided in subdivision (n), it shall not be shared with or transmitted to any other party or entity without the consent of the individual or individuals to whom the information pertains.
(4)It shall be protected by reasonable security procedures and practices appropriate to the nature of the information to protect that information from unauthorized access, destruction, use, modification, or disclosure.
(5)It shall be immediately and securely destroyed when no longer needed for the purpose authorized in subdivision (n).
(r)The department or the chancellors office may share licensure information with a third party who contracts to perform the function described in subdivision (n), if the third party is required by contract to follow the requirements of this section.
SEC. 3.Section 1247.61 of the Business and Professions Code is amended to read:1247.61.To be certified by the department as a Certified Hemodialysis Technician (CHT), a person shall meet all of the following requirements:
(a)Have a high school diploma or equivalency, or have greater than four years of work experience in dialysis as of October 14, 2008.
(b)Have successfully completed a training program that is approved by the medical director and governing body of a hemodialysis clinic or unit, under the direction of a registered nurse. Following approval by the medical director and governing body, the training program shall be submitted to the department for approval. The training program shall be approved by the department prior to implementation. The training program shall focus on the operation of kidney dialysis equipment and machines, providing direct patient care, and communication and interpersonal skills, including patient sensitivity training and care of difficult patients. For purposes of this subdivision, a person successfully completes a training program if he or she completes all didactic portions of the program and demonstrates competency in the knowledge and skills provided by the program.
(1)The training program shall include all of the following subjects, at a minimum:
(A)Principles of dialysis.
(B)Care of patients with kidney failure, including interpersonal skills.
(C)Dialysis procedures and documentation, including initiation, proper cannulation techniques, monitoring, and termination of dialysis.
(D)Possible complications of dialysis.
(E)Water treatment and dialysate preparation.
(F)Infection control.
(G)Safety.
(H)Dialyzer reprocessing, if applicable.
(2)A community or corporate-based training program, or a training program offered by an educational institution, is acceptable if the program meets the requirements of this subdivision.
(3)A person employed as a hemodialysis technician by a hemodialysis clinic or unit for more than two years as of October 14, 2008, who does not have documentation of having successfully completed a training program meeting the requirements of this subdivision, shall be deemed to be in compliance with this subdivision by doing both of the following:
(A)Passing a written exam, offered by a hemodialysis clinic or unit, or a community or corporate-based training program that meets the requirements of this chapter, covering the subjects listed in paragraph (1).
(B)Passing a skills checklist through observation by a registered nurse of the skills listed in paragraph (1).
(c)Successfully accomplish either of the following:
(1)Pass a standardized test that is approved by the department and that covers the subjects listed in paragraph (1) of subdivision (b) and in Section 1247.5. This test shall be administered in a proctored environment by an independent examiner. For purposes of this subdivision, independent examiners may include representatives appointed by End-Stage Renal Disease Network 17, End-Stage Renal Disease Network 18, the California Dialysis Council, or any private testing organization approved by the department for that purpose.
(2)Successfully pass an examination offered by a national, commercially available certification program for hemodialysis technicians which is approved for this purpose by the Centers for Medicare and Medicaid Services.
(d)(1)No later than July 1, 2019, the department shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for or the renewal of a certificate issued under this section or regulations promulgated pursuant thereto.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification number or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The department shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny certification to an applicant based solely on his or her citizenship status or immigration status.
SEC. 3.SEC. 4.Section 44339.5 is added to the Education Code, to read:44339.5.The commission (a)The commission, by July 1, 2019, shall authorize the use of an individual tax identification number in lieu of a social security number for purposes of applying for a credential, or the renewal of a credential, when an applicant cannot provide his or her social security number.
(b)An applicant shall not be required to disclose citizenship status or immigration status for purposes of the application or renewal of a credential.
(c)An applicant shall not be denied a credential based solely on his or her citizenship status or immigration status if otherwise qualified and eligible for the credential.
SEC. 5.Section 4014 of the Family Code is amended to read:4014.(a)Any order for child support issued or modified pursuant to this chapter shall include a provision requiring the obligor and child support obligee to notify the other parent or, if the order requires payment through an agency designated under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the agency named in the order, of the name and address of his or her current employer.
(b)The requirements set forth in this subdivision apply only in cases in which the local child support agency is not providing child support services pursuant to Section 17400. To the extent required by federal law, and subject to applicable confidentiality provisions of state or federal law, any judgment for paternity and any order for child support entered or modified pursuant to any provision of law shall include a provision requiring the child support obligor and obligee to file with the court all of the following information:
(1)Residential and mailing address.
(2)Social security number. number, individual taxpayer identification number, or other uniform identification number.
(3)Telephone number.
(4)Drivers license number. number or identification card number issued by the Department of Motor Vehicles.
(5)Name, address, and telephone number of the employer.
(6)Any other information prescribed by the Judicial Council.
The judgment or order shall specify that each parent is responsible for providing his or her own information, that the information must be filed with the court within 10 days of the court order, and that new or different information must be filed with the court within 10 days after any event causing a change in the previously provided information.
(c)The requirements set forth in this subdivision shall only apply in cases in which the local child support agency is not providing child support services pursuant to Section 17400. Once the child support registry, as described in Section 17391 is operational, any judgment for paternity and any order for child support entered or modified pursuant to any provision of law shall include a provision requiring the child support obligor and obligee to file and keep updated the information specified in subdivision (b) with the child support registry.
(d)The Judicial Council shall develop forms to implement this section. The forms shall be developed so as not to delay the implementation of the Statewide Child Support Registry described in Section 17391 and shall be available no later than 30 days prior to the implementation of the Statewide Child Support Registry.
SEC. 6.Section 17506 of the Family Code is amended to read:17506.(a)There is in the department a California Parent Locator Service and Central Registry that shall collect and disseminate all of the following, with respect to any parent, putative parent, spouse, or former spouse:
(1)The full and true name of the parent together with any known aliases.
(2)Date and place of birth.
(3)Physical description.
(4)Social security number. number, individual taxpayer identification number, or other uniform identification number.
(5)Employment history and earnings.
(6)Military status and Veterans Administration or military service serial number.
(7)Last known address, telephone number, and date thereof.
(8)Drivers license number, number or identification card number issued by the Department of Motor Vehicles, driving record, and vehicle registration information.
(9)Criminal, licensing, and applicant records and information.
(10)(A)Any additional location, asset, and income information, including income tax return information obtained pursuant to Section 19548 of the Revenue and Taxation Code, and to the extent permitted by federal law, the address, telephone number, and social security number obtained from a public utility, cable television corporation, a provider of electronic digital pager communication, or a provider of mobile telephony services that may be of assistance in locating the parent, putative parent, abducting, concealing, or detaining parent, spouse, or former spouse, in establishing a parent and child relationship, in enforcing the child support liability of the absent parent, or enforcing the spousal support liability of the spouse or former spouse to the extent required by the state plan pursuant to Section 17604.
(B)For purposes of this subdivision, income tax return information means all of the following regarding the taxpayer:
(i)Assets.
(ii)Credits.
(iii)Deductions.
(iv)Exemptions.
(v)Identity.
(vi)Liabilities.
(vii)Nature, source, and amount of income.
(viii)Net worth.
(ix)Payments.
(x)Receipts.
(xi)Address.
(xii)Social security number. number, individual taxpayer identification number, or other uniform identification number.
(b)Pursuant to a letter of agreement entered into between the Department of Child Support Services and the Department of Justice, the Department of Child Support Services shall assume responsibility for the California Parent Locator Service and Central Registry. The letter of agreement shall, at a minimum, set forth all of the following:
(1)Contingent upon funding in the Budget Act, the Department of Child Support Services shall assume responsibility for leadership and staff of the California Parent Locator Service and Central Registry commencing July 1, 2003.
(2)All employees and other personnel who staff or provide support for the California Parent Locator Service and Central Registry shall, at the time of the transition, at their option, become the employees of the Department of Child Support Services at their existing or equivalent classification, salaries, and benefits.
(3)Until the departments automation system for the California Parent Locator Service and Central Registry functions is fully operational, the department shall use the automation system operated by the Department of Justice.
(4)Any other provisions necessary to ensure continuity of function and meet or exceed existing levels of service.
(c)To effectuate the purposes of this section, the California Child Support Enforcement System and the California Parent Locator Service and Central Registry shall utilize the federal Parent Locator Service to the extent necessary, and may request and shall receive from all departments, boards, bureaus, or other agencies of the state, or any of its political subdivisions, and those entities shall provide, that assistance and data that will enable the Department of Child Support Services and other public agencies to carry out their powers and duties to locate parents, spouses, and former spouses, and to identify their assets, to establish parent-child relationships, and to enforce liability for child or spousal support, and for any other obligations incurred on behalf of children, and shall also provide that information to any local child support agency in fulfilling the duties prescribed in Section 270 of the Penal Code, and in Chapter 8 (commencing with Section 3130) of Part 2 of Division 8 of this code, relating to abducted, concealed, or detained children and to any county child welfare agency or county probation department in fulfilling the duties prescribed in Article 5.5 (commencing with Section 290.1) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, and prescribed in Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code to identify, locate, and notify parents or relatives of children who are the subject of juvenile court proceedings, to establish parent and child relationships pursuant to Section 316.2 of the Welfare and Institutions Code, and to assess the appropriateness of placement of a child with a noncustodial parent pursuant to Section 361.2 of the Welfare and Institutions Code. Consistent with paragraph (1) of subdivision (e) of Section 309 of, and paragraph (2) of subdivision (d) of Section 628 of, the Welfare and Institutions Code, in order for county child welfare and probation departments to carry out their duties to identify and locate all grandparents, adult siblings, and other adult relatives of the child as defined in paragraph (2) of subdivision (f) of Section 319 of the Welfare and Institutions Code, including any other adult relatives suggested by the parents, county personnel are permitted to request and receive information from the California Parent Locator Service and Federal Parent Locator Service. County child welfare agencies and probation departments shall be entitled to the information described in this subdivision regardless of whether an all-county letter or similar instruction is issued pursuant to subparagraph (C) of paragraph (8) of subdivision (c) of Section 11478.1 of the Welfare and Institutions Code. The California Child Support Enforcement System shall be entitled to the same cooperation and information as the California Parent Locator Service and Central Registry to the extent allowed by law. The California Child Support Enforcement System shall be allowed access to criminal record information only to the extent that access is allowed by state and federal law.
(d)(1)To effectuate the purposes of this section, and notwithstanding any other law, regulation, or tariff, and to the extent permitted by federal law, the California Parent Locator Service and Central Registry and the California Child Support Enforcement System may request and shall receive from public utilities, as defined in Section 216 of the Public Utilities Code, customer service information, including the full name, address, telephone number, date of birth, employer name and address, and social security number of customers of the public utility, to the extent that this information is stored within the computer database of the public utility.
(2)To effectuate the purposes of this section, and notwithstanding any other law, regulation, or tariff, and to the extent permitted by federal law, the California Parent Locator Service and Central Registry and the California Child Support Enforcement System may request and shall receive from cable television corporations, as defined in Section 216.4 of the Public Utilities Code, the providers of electronic digital pager communication, as defined in Section 629.51 of the Penal Code, and the providers of mobile telephony services, as defined in Section 224.4 of the Public Utilities Code, customer service information, including the full name, address, telephone number, date of birth, employer name and address, and social security number of customers of the cable television corporation, customers of the providers of electronic digital pager communication, and customers of the providers of mobile telephony services.
(3)In order to protect the privacy of utility, cable television, electronic digital pager communication, and mobile telephony service customers, a request to a public utility, cable television corporation, provider of electronic digital pager communication, or provider of mobile telephony services for customer service information pursuant to this section shall meet the following requirements:
(A)Be submitted to the public utility, cable television corporation, provider of electronic digital pager communication, or provider of mobile telephony services in writing, on a transmittal document prepared by the California Parent Locator Service and Central Registry or the California Child Support Enforcement System and approved by all of the public utilities, cable television corporations, providers of electronic digital pager communication, and providers of mobile telephony services. The transmittal shall be deemed to be an administrative subpoena for customer service information.
(B)Have the signature of a representative authorized by the California Parent Locator Service and Central Registry or the California Child Support Enforcement System.
(C)Contain at least three of the following data elements regarding the person sought:
(i)First and last name, and middle initial, if known.
(ii)Social security number.
(iii)Drivers license number. number or identification card number issued by the Department of Motor Vehicles.
(iv)Birth date.
(v)Last known address.
(vi)Spouses name.
(D)The California Parent Locator Service and Central Registry and the California Child Support Enforcement System shall ensure that each public utility, cable television corporation, provider of electronic digital pager communication services, and provider of mobile telephony services has at all times a current list of the names of persons authorized to request customer service information.
(E)The California Child Support Enforcement System and the California Parent Locator Service and Central Registry shall ensure that customer service information supplied by a public utility, cable television corporation, provider of electronic digital pager communication, or provider of mobile telephony services is applicable to the person who is being sought before releasing the information pursuant to subdivision (d).
(4)During the development of the California Child Support Enforcement System, the department shall determine the necessity of additional locate sources, including those specified in this section, based upon the cost-effectiveness of those sources.
(5)The public utility, cable television corporation, electronic digital pager communication provider, or mobile telephony service provider may charge a fee to the California Parent Locator Service and Central Registry or the California Child Support Enforcement System for each search performed pursuant to this subdivision to cover the actual costs to the public utility, cable television corporation, electronic digital pager communication provider, or mobile telephony service provider for providing this information.
(6)No public utility, cable television corporation, electronic digital pager communication provider, or mobile telephony service provider or official or employee thereof, shall be subject to criminal or civil liability for the release of customer service information as authorized by this subdivision.
(e)Notwithstanding Section 14203 of the Penal Code, any records established pursuant to this section shall be disseminated only to the Department of Child Support Services, the California Child Support Enforcement System, the California Parent Locator Service and Central Registry, the parent locator services and central registries of other states as defined by federal statutes and regulations, a local child support agency of any county in this state, and the federal Parent Locator Service. The California Child Support Enforcement System shall be allowed access to criminal offender record information only to the extent that access is allowed by law.
(f)(1)At no time shall any information received by the California Parent Locator Service and Central Registry or by the California Child Support Enforcement System be disclosed to any person, agency, or other entity, other than those persons, agencies, and entities specified pursuant to Section 17505, this section, or any other provision.
(2)This subdivision shall not otherwise affect discovery between parties in any action to establish, modify, or enforce child, family, or spousal support, that relates to custody or visitation.
(g)(1)The Department of Justice, in consultation with the Department of Child Support Services, shall promulgate rules and regulations to facilitate maximum and efficient use of the California Parent Locator Service and Central Registry. Upon implementation of the California Child Support Enforcement System, the Department of Child Support Services shall assume all responsibility for promulgating rules and regulations for use of the California Parent Locator Service and Central Registry.
(2)The Department of Child Support Services, the Public Utilities Commission, the cable television corporations, providers of electronic digital pager communication, and the providers of mobile telephony services shall develop procedures for obtaining the information described in subdivision (c) from public utilities, cable television corporations, providers of electronic digital pager communication, and providers of mobile telephony services and for compensating the public utilities, cable television corporations, providers of electronic digital pager communication, and providers of mobile telephony services for providing that information.
(h)The California Parent Locator Service and Central Registry may charge a fee not to exceed eighteen dollars ($18) for any service it provides pursuant to this section that is not performed or funded pursuant to Section 651 and following of Title 42 of the United States Code.
(i)This section shall be construed in a manner consistent with the other provisions of this article.
SEC. 7.Section 17520 of the Family Code is amended to read:17520.(a)As used in this section:
(1)Applicant means a person applying for issuance or renewal of a license.
(2)Board means an entity specified in Section 101 of the Business and Professions Code, the entities referred to in Sections 1000 and 3600 of the Business and Professions Code, the State Bar, Bar of California, the Bureau Department of Real Estate, the Department of Motor Vehicles, the Secretary of State, the Department of Fish and Wildlife, and any other state commission, department, committee, examiner, or agency that issues a license, certificate, credential, permit, registration, or any other authorization to engage in a business, occupation, or profession, or to the extent required by federal law or regulations, for recreational purposes. This term includes all boards, commissions, departments, committees, examiners, entities, and agencies that issue a license, certificate, credential, permit, registration, or any other authorization to engage in a business, occupation, or profession. The failure to specifically name a particular board, commission, department, committee, examiner, entity, or agency that issues a license, certificate, credential, permit, registration, or any other authorization to engage in a business, occupation, or profession does not exclude that board, commission, department, committee, examiner, entity, or agency from this term.
(3)Certified list means a list provided by the local child support agency to the Department of Child Support Services in which the local child support agency verifies, under penalty of perjury, that the names contained therein are support obligors found to be out of compliance with a judgment or order for support in a case being enforced under Title IV-D of the federal Social Security Act.
(4)Compliance with a judgment or order for support means that, as set forth in a judgment or order for child or family support, the obligor is no more than 30 calendar days in arrears in making payments in full for current support, in making periodic payments in full, whether court ordered or by agreement with the local child support agency, on a support arrearage, or in making periodic payments in full, whether court ordered or by agreement with the local child support agency, on a judgment for reimbursement for public assistance, or has obtained a judicial finding that equitable estoppel as provided in statute or case law precludes enforcement of the order. The local child support agency is authorized to use this section to enforce orders for spousal support only when the local child support agency is also enforcing a related child support obligation owed to the obligee parent by the same obligor, pursuant to Sections 17400 and 17604.
(5)License includes membership in the State Bar, Bar of California, and a certificate, credential, permit, registration, or any other authorization issued by a board that allows a person to engage in a business, occupation, or profession, or to operate a commercial motor vehicle, including appointment and commission by the Secretary of State as a notary public. License also includes any drivers license issued by the Department of Motor Vehicles, any commercial fishing license issued by the Department of Fish and Wildlife, and to the extent required by federal law or regulations, any license used for recreational purposes. This term includes all licenses, certificates, credentials, permits, registrations, or any other authorization issued by a board that allows a person to engage in a business, occupation, or profession. The failure to specifically name a particular type of license, certificate, credential, permit, registration, or other authorization issued by a board that allows a person to engage in a business, occupation, or profession, does not exclude that license, certificate, credential, permit, registration, or other authorization from this term.
(6)Licensee means a person holding a license, certificate, credential, permit, registration, or other authorization issued by a board, to engage in a business, occupation, or profession, or a commercial drivers license as defined in Section 15210 of the Vehicle Code, including an appointment and commission by the Secretary of State as a notary public. Licensee also means a person holding a drivers license issued by the Department of Motor Vehicles, a person holding a commercial fishing license issued by the Department of Fish and Game, and to the extent required by federal law or regulations, a person holding a license used for recreational purposes. This term includes all persons holding a license, certificate, credential, permit, registration, or any other authorization to engage in a business, occupation, or profession, and the failure to specifically name a particular type of license, certificate, credential, permit, registration, or other authorization issued by a board does not exclude that person from this term. For licenses issued to an entity that is not an individual person, licensee includes an individual who is either listed on the license or who qualifies for the license.
(b)The local child support agency shall maintain a list of those persons included in a case being enforced under Title IV-D of the federal Social Security Act against whom a support order or judgment has been rendered by, or registered in, a court of this state, and who are not in compliance with that order or judgment. The local child support agency shall submit a certified list with the names, social security numbers, numbers, individual taxpayer identification numbers, or other uniform identification numbers, and last known addresses of these persons and the name, address, and telephone number of the local child support agency who certified the list to the department. The local child support agency shall verify, under penalty of perjury, that the persons listed are subject to an order or judgment for the payment of support and that these persons are not in compliance with the order or judgment. The local child support agency shall submit to the department an updated certified list on a monthly basis.
(c)The department shall consolidate the certified lists received from the local child support agencies and, within 30 calendar days of receipt, shall provide a copy of the consolidated list to each board that is responsible for the regulation of licenses, as specified in this section.
(d)On or before November 1, 1992, or as soon thereafter as economically feasible, as determined by the department, all boards subject to this section shall implement procedures to accept and process the list provided by the department, in accordance with this section. Notwithstanding any other law, all boards shall collect social security numbers or individual taxpayer identification numbers from all applicants for the purposes of matching the names of the certified list provided by the department to applicants and licensees and of responding to requests for this information made by child support agencies.
(e)(1)Promptly after receiving the certified consolidated list from the department, and prior to the issuance or renewal of a license, each board shall determine whether the applicant is on the most recent certified consolidated list provided by the department. The board shall have the authority to withhold issuance or renewal of the license of an applicant on the list.
(2)If an applicant is on the list, the board shall immediately serve notice as specified in subdivision (f) on the applicant of the boards intent to withhold issuance or renewal of the license. The notice shall be made personally or by mail to the applicants last known mailing address on file with the board. Service by mail shall be complete in accordance with Section 1013 of the Code of Civil Procedure.
(A)The board shall issue a temporary license valid for a period of 150 days to any applicant whose name is on the certified list if the applicant is otherwise eligible for a license.
(B)Except as provided in subparagraph (D), the 150-day time period for a temporary license shall not be extended. Except as provided in subparagraph (D), only one temporary license shall be issued during a regular license term and it shall coincide with the first 150 days of that license term. As this paragraph applies to commercial drivers licenses, license term shall be deemed to be 12 months from the date the application fee is received by the Department of Motor Vehicles. A license for the full or remainder of the license term shall be issued or renewed only upon compliance with this section.
(C)In the event that a license or application for a license or the renewal of a license is denied pursuant to this section, any funds paid by the applicant or licensee shall not be refunded by the board.
(D)This paragraph shall apply only in the case of a drivers license, other than a commercial drivers license. Upon the request of the local child support agency or by order of the court upon a showing of good cause, the board shall extend a 150-day temporary license for a period not to exceed 150 extra days.
(3)(A)The department may, when it is economically feasible for the department and the boards to do so as determined by the department, in cases where the department is aware that certain child support obligors listed on the certified lists have been out of compliance with a judgment or order for support for more than four months, provide a supplemental list of these obligors to each board with which the department has an interagency agreement to implement this paragraph. Upon request by the department, the licenses of these obligors shall be subject to suspension, provided that the licenses would not otherwise be eligible for renewal within six months from the date of the request by the department. The board shall have the authority to suspend the license of any licensee on this supplemental list.
(B)If a licensee is on a supplemental list, the board shall immediately serve notice as specified in subdivision (f) on the licensee that his or her license will be automatically suspended 150 days after notice is served, unless compliance with this section is achieved. The notice shall be made personally or by mail to the licensees last known mailing address on file with the board. Service by mail shall be complete in accordance with Section 1013 of the Code of Civil Procedure.
(C)The 150-day notice period shall not be extended.
(D)In the event that any license is suspended pursuant to this section, any funds paid by the licensee shall not be refunded by the board.
(E)This paragraph shall not apply to licenses subject to annual renewal or annual fee.
(f)Notices shall be developed by each board in accordance with guidelines provided by the department and subject to approval by the department. The notice shall include the address and telephone number of the local child support agency that submitted the name on the certified list, and shall emphasize the necessity of obtaining a release from that local child support agency as a condition for the issuance, renewal, or continued valid status of a license or licenses.
(1)In the case of applicants not subject to paragraph (3) of subdivision (e), the notice shall inform the applicant that the board shall issue a temporary license, as provided in subparagraph (A) of paragraph (2) of subdivision (e), for 150 calendar days if the applicant is otherwise eligible and that upon expiration of that time period the license will be denied unless the board has received a release from the local child support agency that submitted the name on the certified list.
(2)In the case of licensees named on a supplemental list, the notice shall inform the licensee that his or her license will continue in its existing status for no more than 150 calendar days from the date of mailing or service of the notice and thereafter will be suspended indefinitely unless, during the 150-day notice period, the board has received a release from the local child support agency that submitted the name on the certified list. Additionally, the notice shall inform the licensee that any license suspended under this section will remain so until the expiration of the remaining license term, unless the board receives a release along with applications and fees, if applicable, to reinstate the license during the license term.
(3)The notice shall also inform the applicant or licensee that if an application is denied or a license is suspended pursuant to this section, any funds paid by the applicant or licensee shall not be refunded by the board. The Department of Child Support Services shall also develop a form that the applicant shall use to request a review by the local child support agency. A copy of this form shall be included with every notice sent pursuant to this subdivision.
(g)(1)Each local child support agency shall maintain review procedures consistent with this section to allow an applicant to have the underlying arrearage and any relevant defenses investigated, to provide an applicant information on the process of obtaining a modification of a support order, or to provide an applicant assistance in the establishment of a payment schedule on arrearages if the circumstances so warrant.
(2)It is the intent of the Legislature that a court or local child support agency, when determining an appropriate payment schedule for arrearages, base its decision on the facts of the particular case and the priority of payment of child support over other debts. The payment schedule shall also recognize that certain expenses may be essential to enable an obligor to be employed. Therefore, in reaching its decision, the court or the local child support agency shall consider both of these goals in setting a payment schedule for arrearages.
(h)If the applicant wishes to challenge the submission of his or her name on the certified list, the applicant shall make a timely written request for review to the local child support agency who certified the applicants name. A request for review pursuant to this section shall be resolved in the same manner and timeframe provided for resolution of a complaint pursuant to Section 17800. The local child support agency shall immediately send a release to the appropriate board and the applicant, if any of the following conditions are met:
(1)The applicant is found to be in compliance or negotiates an agreement with the local child support agency for a payment schedule on arrearages or reimbursement.
(2)The applicant has submitted a request for review, but the local child support agency will be unable to complete the review and send notice of its findings to the applicant within the time specified in Section 17800.
(3)The applicant has filed and served a request for judicial review pursuant to this section, but a resolution of that review will not be made within 150 days of the date of service of notice pursuant to subdivision (f). This paragraph applies only if the delay in completing the judicial review process is not the result of the applicants failure to act in a reasonable, timely, and diligent manner upon receiving the local child support agencys notice of findings.
(4)The applicant has obtained a judicial finding of compliance as defined in this section.
(i)An applicant is required to act with diligence in responding to notices from the board and the local child support agency with the recognition that the temporary license will lapse or the license suspension will go into effect after 150 days and that the local child support agency and, where appropriate, the court must have time to act within that period. An applicants delay in acting, without good cause, which directly results in the inability of the local child support agency to complete a review of the applicants request or the court to hear the request for judicial review within the 150-day period shall not constitute the diligence required under this section which would justify the issuance of a release.
(j)Except as otherwise provided in this section, the local child support agency shall not issue a release if the applicant is not in compliance with the judgment or order for support. The local child support agency shall notify the applicant in writing that the applicant may, by filing an order to show cause or notice of motion, request any or all of the following:
(1)Judicial review of the local child support agencys decision not to issue a release.
(2)A judicial determination of compliance.
(3)A modification of the support judgment or order.
The notice shall also contain the name and address of the court in which the applicant shall file the order to show cause or notice of motion and inform the applicant that his or her name shall remain on the certified list if the applicant does not timely request judicial review. The applicant shall comply with all statutes and rules of court regarding orders to show cause and notices of motion.
This section shall not be deemed to limit an applicant from filing an order to show cause or notice of motion to modify a support judgment or order or to fix a payment schedule on arrearages accruing under a support judgment or order or to obtain a court finding of compliance with a judgment or order for support.
(k)The request for judicial review of the local child support agencys decision shall state the grounds for which review is requested and judicial review shall be limited to those stated grounds. The court shall hold an evidentiary hearing within 20 calendar days of the filing of the request for review. Judicial review of the local child support agencys decision shall be limited to a determination of each of the following issues:
(1)Whether there is a support judgment, order, or payment schedule on arrearages or reimbursement.
(2)Whether the petitioner is the obligor covered by the support judgment or order.
(3)Whether the support obligor is or is not in compliance with the judgment or order of support.
(4)(A)The extent to which the needs of the obligor, taking into account the obligors payment history and the current circumstances of both the obligor and the obligee, warrant a conditional release as described in this subdivision.
(B)The request for judicial review shall be served by the applicant upon the local child support agency that submitted the applicants name on the certified list within seven calendar days of the filing of the petition. The court has the authority to uphold the action, unconditionally release the license, or conditionally release the license.
(C)If the judicial review results in a finding by the court that the obligor is in compliance with the judgment or order for support, the local child support agency shall immediately send a release in accordance with subdivision (l) to the appropriate board and the applicant. If the judicial review results in a finding by the court that the needs of the obligor warrant a conditional release, the court shall make findings of fact stating the basis for the release and the payment necessary to satisfy the unrestricted issuance or renewal of the license without prejudice to a later judicial determination of the amount of support arrearages, including interest, and shall specify payment terms, compliance with which are necessary to allow the release to remain in effect.
(l)The department shall prescribe release forms for use by local child support agencies. When the obligor is in compliance, the local child support agency shall mail to the applicant and the appropriate board a release stating that the applicant is in compliance. The receipt of a release shall serve to notify the applicant and the board that, for the purposes of this section, the applicant is in compliance with the judgment or order for support. Any board that has received a release from the local child support agency pursuant to this subdivision shall process the release within five business days of its receipt.
If the local child support agency determines subsequent to the issuance of a release that the applicant is once again not in compliance with a judgment or order for support, or with the terms of repayment as described in this subdivision, the local child support agency may notify the board, the obligor, and the department in a format prescribed by the department that the obligor is not in compliance.
The department may, when it is economically feasible for the department and the boards to develop an automated process for complying with this subdivision, notify the boards in a manner prescribed by the department, that the obligor is once again not in compliance. Upon receipt of this notice, the board shall immediately notify the obligor on a form prescribed by the department that the obligors license will be suspended on a specific date, and this date shall be no longer than 30 days from the date the form is mailed. The obligor shall be further notified that the license will remain suspended until a new release is issued in accordance with subdivision (h). Nothing in this section shall be deemed to limit the obligor from seeking judicial review of suspension pursuant to the procedures described in subdivision (k).
(m)The department may enter into interagency agreements with the state agencies that have responsibility for the administration of boards necessary to implement this section, to the extent that it is cost effective to implement this section. These agreements shall provide for the receipt by the other state agencies and boards of federal funds to cover that portion of costs allowable in federal law and regulation and incurred by the state agencies and boards in implementing this section. Notwithstanding any other provision of law, revenue generated by a board or state agency shall be used to fund the nonfederal share of costs incurred pursuant to this section. These agreements shall provide that boards shall reimburse the department for the nonfederal share of costs incurred by the department in implementing this section. The boards shall reimburse the department for the nonfederal share of costs incurred pursuant to this section from moneys collected from applicants and licensees.
(n)Notwithstanding any other law, in order for the boards subject to this section to be reimbursed for the costs incurred in administering its provisions, the boards may, with the approval of the appropriate department director, levy on all licensees and applicants a surcharge on any fee or fees collected pursuant to law, or, alternatively, with the approval of the appropriate department director, levy on the applicants or licensees named on a certified list or supplemental list, a special fee.
(o)The process described in subdivision (h) shall constitute the sole administrative remedy for contesting the issuance of a temporary license or the denial or suspension of a license under this section. The procedures specified in the administrative adjudication provisions of the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply to the denial, suspension, or failure to issue or renew a license or the issuance of a temporary license pursuant to this section.
(p)In furtherance of the public policy of increasing child support enforcement and collections, on or before November 1, 1995, the State Department of Social Services shall make a report to the Legislature and the Governor based on data collected by the boards and the district attorneys in a format prescribed by the State Department of Social Services. The report shall contain all of the following:
(1)The number of delinquent obligors certified by district attorneys under this section.
(2)The number of support obligors who also were applicants or licensees subject to this section.
(3)The number of new licenses and renewals that were delayed, temporary licenses issued, and licenses suspended subject to this section and the number of new licenses and renewals granted and licenses reinstated following board receipt of releases as provided by subdivision (h) by May 1, 1995.
(4)The costs incurred in the implementation and enforcement of this section.
(q)Any board receiving an inquiry as to the licensed status of an applicant or licensee who has had a license denied or suspended under this section or has been granted a temporary license under this section shall respond only that the license was denied or suspended or the temporary license was issued pursuant to this section. Information collected pursuant to this section by any state agency, board, or department shall be subject to the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).
(r)Any rules and regulations issued pursuant to this section by any state agency, board, or department may be adopted as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of these regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. The regulations shall become effective immediately upon filing with the Secretary of State.
(s)The department and boards, as appropriate, shall adopt regulations necessary to implement this section.
(t)The Judicial Council shall develop the forms necessary to implement this section, except as provided in subdivisions (f) and (l).
(u)The release or other use of information received by a board pursuant to this section, except as authorized by this section, is punishable as a misdemeanor.
(v)The State Board of Equalization shall enter into interagency agreements with the department and the Franchise Tax Board that will require the department and the Franchise Tax Board to maximize the use of information collected by the State Board of Equalization, for child support enforcement purposes, to the extent it is cost effective and permitted by the Revenue and Taxation Code.
(w)(1)The suspension or revocation of any drivers license, including a commercial drivers license, under this section shall not subject the licensee to vehicle impoundment pursuant to Section 14602.6 of the Vehicle Code.
(2)Notwithstanding any other law, the suspension or revocation of any drivers license, including a commercial drivers license, under this section shall not subject the licensee to increased costs for vehicle liability insurance.
(x)If any provision of this section or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
(y)All rights to administrative and judicial review afforded by this section to an applicant shall also be afforded to a licensee.
SEC. 4.SEC. 8.Section 1337.2 of the Health and Safety Code is amended to read:1337.2.(a)An applicant for certification as a certified nurse assistant shall comply with each of the following:
(1)Be at least 16 years of age.
(2)Have successfully completed a training program approved by the department, which includes an examination to test the applicants knowledge and skills related to basic patient care services.
(3)Obtain a criminal record clearance pursuant to Section 1338.5.
(b)(1)The applicant shall No later than July 1, 2019, the department shall require the applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The department shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny licensure to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(c)The state department may establish procedures for issuing certificates which recognize certification programs in other states and countries.
(d)Upon written application, criminal record clearance pursuant to Section 1338.5, and documentation of passing an appropriate competency examination, the state department may issue a certificate to any applicant who possesses a valid state license as either a licensed vocational nurse or a registered nurse issued by any other state or foreign country, and who, in the opinion of the state department, has the qualifications specified in this article.
(e)Upon written application, criminal record clearance pursuant to Section 1338.5, and documentation of passing an appropriate examination, the state department may issue a certificate to any applicant who has completed the fundamentals of nursing courses in a school for registered nurses, approved by the Board of Registered Nursing, or in a school for licensed vocational nurses, approved by the Board of Vocational Nurse and Psychiatric Technician Examiners, which are substantially equivalent to the certification training program specified in this article.
(f)Every person certified as a nurse assistant under this article may be known as a certified nurse assistant and may place the letters CNA after his or her name when working in a licensed health facility. An individual working independently, providing personal care services, may not advertise or represent himself or herself as a certified nurse assistant.
(g)Any person holding a nurse assistant certificate issued by the state department prior to January 1, 1988, may continue to hold himself or herself out as a certified nurse assistant until January 1, 1991. Thereafter, it shall be unlawful for any person not certified under this article to hold himself or herself out to be a certified nurse assistant. Any person willfully making any false representation as being a certified nurse assistant is guilty of a misdemeanor.
(h)Any person who violates this article is guilty of a misdemeanor and, upon a conviction thereof, shall be punished by imprisonment in the county jail for not more than 180 days, or by a fine of not less than twenty dollars ($20) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.
SEC. 5.SEC. 9.Section 1736.1 of the Health and Safety Code is amended to read:1736.1.(a)An applicant for certification as a certified home health aide shall comply with each of the following requirements:
(1)Have successfully completed a training program with a minimum of 75 hours or an equivalent competency evaluation program approved by the department pursuant to applicable federal and state regulations.
(2)Obtain a criminal record clearance pursuant to Section 1736.6.
(b)(1)The applicant shall No later than July 1, 2019, the department shall require the applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The department shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny licensure to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(c)Any person who violates this article is guilty of a misdemeanor and, upon a conviction thereof, shall be punished by imprisonment in the county jail for not more than 180 days, or by a fine of not less than twenty dollars ($20) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.
SEC. 6.SEC. 10.Section 1797.170 of the Health and Safety Code is amended to read:1797.170.(a)The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt regulations for the training and scope of practice for EMT-I certification.
(b)(1)The authority and local EMS agency No later than July 1, 2019, the authority, local EMS agency, and certifying entity shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the authority, local EMS agency, or certifying entity utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the authority or agency may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(2)(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The authority, local EMS agency, and certifying entity shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny certification to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(c)Any individual certified as an EMT-I pursuant to this division shall be recognized as an EMT-I on a statewide basis, and recertification shall be based on statewide standards.
(d)Effective July 1, 1990, any individual certified as an EMT-I pursuant to this act shall complete a course of training on the nature of sudden infant death syndrome which is developed by the California SIDS program in the State Department of Public Health in consultation with experts in the field of sudden infant death syndrome.
(e)On or before July 1, 2016, the authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt regulations to include the administration of naloxone hydrochloride in the training and scope of practice of EMT-I certification. These regulations shall be substantially similar to existing regulations set forth in Chapter 3 (commencing with Section 100101) of Division 9 of Title 22 of the California Code of Regulations that authorize an EMT-I to receive EMT-II training in the administration of naloxone hydrochloride without having to complete the entire EMT-II certification course. This subdivision shall be implemented in accordance with Chapter 5 (commencing with Section 1798).
SEC. 7.SEC. 11.Section 1797.171 of the Health and Safety Code is amended to read:1797.171.(a)The authority shall develop, and after approval of the commission pursuant to Section 1799.50, shall adopt, minimum standards for the training and scope of practice for EMT-II.
(b)(1)The authority and local EMS agency No later than July 1, 2019, the authority, local EMS agency, and certifying entity shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the authority, local EMS agency, or certifying entity utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the authority or agency may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(2)(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The authority, local EMS agency, and certifying entity shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny certification to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(c)An EMT-II shall complete a course of training on the nature of sudden infant death syndrome in accordance with subdivision (b) of Section 1797.170.
(d)In rural or remote areas of the state where patient transport times are particularly long and where local resources are inadequate to support an EMT-P program for EMS responses, the director may approve additions to the scope of practice of EMT-IIs serving the local system, if requested by the medical director of the local EMS agency, and if the EMT-II has received training equivalent to that of an EMT-P. The approval of the director, in consultation with a committee of local EMS medical directors named by the Emergency Medical Directors Association of California, is required prior to implementation of any addition to a local optional scope of practice for EMT-IIs proposed by the medical director of a local EMS agency. No drug or procedure that is not part of the basic EMT-P scope of practice, including, but not limited to, any approved local options, shall be added to any EMT-II scope of practice pursuant to this subdivision.
Approval of additions to the scope of practices pursuant to this subdivision may be given only for EMT-II programs in effect on January 1, 1994.
SEC. 8.SEC. 12.Section 1797.172 of the Health and Safety Code is amended to read:1797.172.(a)The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt minimum standards for the training and scope of practice for EMT-P.
(b)The approval of the director, in consultation with a committee of local EMS medical directors named by the EMS Medical Directors Association of California, is required prior to implementation of any addition to a local optional scope of practice for EMT-Ps proposed by the medical director of a local EMS agency.
(c)(1)Notwithstanding any other provision of law, the authority shall be the agency solely responsible for licensure and licensure renewal of EMT-Ps who meet the standards and are not precluded from licensure because of any of the reasons listed in subdivision (d) (c) of Section 1798.200. Each application for licensure or licensure renewal shall require the applicants No later than July 1, 2019, the authority shall require an applicant to provide an individual taxpayer identification number or the social security number in order to establish the identity of the applicant. The information obtained as a result of a state and federal level criminal offender record information search shall be used in accordance with Section 11105 of the Penal Code, and to determine whether the applicant is subject to denial of licensure or licensure renewal pursuant to this division. Submission of fingerprint images to the Department of Justice may not be required for licensure renewal upon determination by the authority that fingerprint images have previously been submitted to the Department of Justice during initial licensure, or a previous licensure renewal, provided that the license has not lapsed and the applicant has resided continuously in the state since the initial licensure.
(2)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(3)If the authority utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the authority may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(4)The authority shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny certification to an applicant based solely on his or her citizenship status or immigration status.
(d)The authority shall charge fees for the licensure and licensure renewal of EMT-Ps in an amount sufficient to support the authoritys licensure program at a level that ensures the qualifications of the individuals licensed to provide quality care. The basic fee for licensure or licensure renewal of an EMT-P shall not exceed one hundred twenty-five dollars ($125) until the adoption of regulations that specify a different amount that does not exceed the authoritys EMT-P licensure, license renewal, and enforcement programs. The authority shall annually evaluate fees to determine if the fee is sufficient to fund the actual costs of the authoritys licensure, licensure renewal, and enforcement programs. If the evaluation shows that the fees are excessive or are insufficient to fund the actual costs of the authoritys EMT-P licensure, licensure renewal, and enforcement programs, then the fees shall be adjusted accordingly through the rulemaking process described in the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Separate additional fees may be charged, at the option of the authority, for services that are not shared by all applicants for licensure and licensure renewal, including, but not limited to, any of the following services:
(1)Initial application for licensure as an EMT-P.
(2)Competency testing, the fee for which shall not exceed thirty dollars ($30), except that an additional fee may be charged for the cost of any services that provide enhanced availability of the exam for the convenience of the EMT-P, such as on-demand electronic testing.
(3)Fingerprint and criminal record check. The applicant shall, if applicable according to subdivision (c), submit fingerprint images and related information for criminal offender record information searches with the Department of Justice and the Federal Bureau of Investigation.
(4)Out-of-state training equivalency determination.
(5)Verification of continuing education for a lapse in licensure.
(6)Replacement of a lost licensure card. The fees charged for individual services shall be set so that the total fees charged to EMT-Ps shall not exceed the authoritys actual total cost for the EMT-P licensure program.
(e)The authority may provide nonconfidential, nonpersonal information relating to EMS programs to interested persons upon request, and may establish and assess fees for the provision of this information. These fees shall not exceed the costs of providing the information.
(f)At the option of the authority, fees may be collected for the authority by an entity that contracts with the authority to provide any of the services associated with the EMT-P program. All fees collected for the authority in a calendar month by any entity designated by the authority pursuant to this section to collect fees for the authority shall be transmitted to the authority for deposit into the Emergency Medical Services Personnel Fund within 30 calendar days following the last day of the calendar month in which the fees were received by the designated entity, unless the contract between the entity and the authority specifies a different timeframe.
SEC. 9.SEC. 13.Section 106995 of the Health and Safety Code is amended to read:106995.(a)The department shall prescribe minimum qualifications for granting of permits and certificates in radiologic technology in any classification, as well as continuing education requirements for holders of these permits and certificates in order to protect the public health and safety.
(b)(1)The No later than July 1, 2019, the department shall permit an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(4)The department shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate.
(B)Deny certification to an applicant based solely on his or her citizenship status or immigration status.
SEC. 10.SEC. 14.Section 114870 of the Health and Safety Code is amended to read:114870.The department shall do all of the following:
(a)Upon recommendation of the committee, adopt regulations as may be necessary to accomplish the purposes of this chapter.
(b)(1)Provide for certification of radiologic technologists, without limitation as to procedures or areas of application, except as provided in Section 106980. Separate certificates shall be provided for diagnostic radiologic technology, for mammographic radiologic technology, and for therapeutic radiologic technology. If a person has received accreditation to perform mammography from a private accreditation organization, the department shall consider this accreditation when deciding to issue a mammographic radiologic technology certificate.
(2)Provide, upon recommendation of the committee, that a radiologic technologist who operates digital radiography equipment devote a portion of his or her continuing education credit hours to continuing education in digital radiologic technology.
(c)(1)(A)Provide, as may be deemed appropriate, for granting limited permits to persons to conduct radiologic technology limited to the performance of certain procedures or the application of X-rays to specific areas of the human body, except for mammography, prescribe minimum standards of training and experience for these persons, and prescribe procedures for examining applicants for limited permits. The minimum standards shall include a requirement that persons granted limited permits under this subdivision shall meet those fundamental requirements in basic radiological health training and knowledge similar to those required for persons certified under subdivision (b) as the department determines are reasonably necessary for the protection of the health and safety of the public.
(B)Provide that an applicant for approval as a limited permit X-ray technician in the categories of chest radiography, extremities radiography, gastrointestinal radiography, genitourinary radiography, leg-podiatric radiography, skull radiography, and torso-skeletal radiography, as these categories are defined in Section 30443 of Title 17 of the California Code of Regulations, shall have at least 50 hours of education in radiological protection and safety. The department may allocate these hours as it deems appropriate.
(2)Provide that a limited permit X-ray technician in the categories of chest radiography, extremities radiography, gastrointestinal radiography, genitourinary radiography, leg-podiatric radiography, skull radiography, and torso-skeletal radiography, as these categories are defined in Section 30443 of Title 17 of the California Code of Regulations, may perform digital radiography within their respective scopes of practice after completion of 20 hours or more of instruction in digital radiologic technology approved by the department. This requirement shall not be construed to preclude limited permit X-ray technicians in the categories of dental laboratory radiography and X-ray bone densitometry from performing digital radiography upon meeting the educational requirements determined by the department.
(3)Provide, upon recommendation of the committee, that a limited permit X-ray technician who has completed the initial instruction described in paragraph (2) devote a portion of his or her required continuing education credit hours to additional continuing instruction in digital radiologic technology.
(d)Provide for the approval of schools for radiologic technologists. Schools for radiologic technologists shall include 20 hours of approved instruction in digital radiography. The department may exempt a school from this requirement as it deems appropriate.
(e)Provide, upon recommendation of the committee, for certification of licentiates of the healing arts to supervise the operation of X-ray machines or to operate X-ray machines, or both, prescribe minimum standards of training and experience for these licentiates of the healing arts, and prescribe procedures for examining applicants for certification. This certification may limit the use of X-rays to certain X-ray procedures and the application of X-rays to specific areas of the human body.
(f)(1)Provide for certification of any physician and surgeon to operate, and supervise the operation of, a bone densitometer, if that physician and surgeon provides the department a certificate that evidences training in the use of a bone densitometer by a representative of a bone densitometer machine manufacturer, or through any radiologic technology school. The certification shall be valid for the particular bone densitometer the physician and surgeon was trained to use, and for any other bone densitometer that meets all of the criteria specified in subparagraphs (A) to (C), inclusive, if the physician and surgeon has completed training, as specified in subparagraph (A) of paragraph (2), for the use of that bone densitometer. The physician and surgeon shall, upon request of the department, provide evidence of training, pursuant to subparagraph (A) of paragraph (2), for the use of any bone densitometer used by the physician and surgeon. The activity covered by the certificate shall be limited to the use of an X-ray bone densitometer to which all of the following is applicable:
(A)The bone densitometer does not require user intervention for calibration.
(B)The bone densitometer does not provide an image for diagnosis.
(C)The bone densitometer is used only to estimate bone density of the heel, wrist, or finger of the patient.
(2)The certificate shall be accompanied by a copy of the curriculum covered by the manufacturers representative or radiologic technology school. The curriculum shall include, at a minimum, instruction in all of the following areas:
(A)Procedures for operation of the bone densitometer by the physician and surgeon, and for the supervision of the operation of the bone densitometer by other persons, including procedures for quality assurance of the bone densitometer.
(B)Proper radiation protection of the operator, the patient, and third parties in proximity to the bone densitometer.
(C)Provisions of Article 5 (commencing with Section 106955) of Chapter 4 of Part 1 of Division 104.
(D)Provisions of Chapter 6 (commencing with Section 114840) of Part 9 of Division 104.
(E)Provisions of Group 1 (commencing with Section 30100) of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(F)Provisions of Group 1.5 (commencing with Section 30108) of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(G)Provisions of Article 1 (commencing with Section 30250) 30252) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(H)Provisions of Article 2 (commencing with Section 30254) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(I)Provisions of Article 3 (commencing with Section 30265) 30275) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(J)Provisions of Article 4 (commencing with Section 30305) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(K)Provisions of Subchapter 4.5 (commencing with Section 30400) of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(3)(A)Notwithstanding any other provision of law, this subdivision shall constitute all the requirements that must be met by a physician and surgeon in order to operate, and supervise the operation of, a bone densitometer. The department may adopt regulations consistent with this section in order to administer the certification requirements.
(B)No person may be supervised by a physician and surgeon in the use of a bone densitometer unless that person possesses the necessary license or permit required by the department.
(C)Nothing in this subdivision shall affect the requirements imposed by the committee or the department for the registration of a bone densitometer machine, or for the inspection of facilities in which any bone densitometer machine is operated.
(D)This subdivision shall not apply to a licentiate of the healing arts who is certified pursuant to subdivision (e) or pursuant to Section 107111.
(E)The department shall charge a fee for a certificate issued pursuant to this subdivision to the extent necessary to administer certification. The fee shall be in an amount sufficient to cover the departments costs of implementing this subdivision and shall not exceed the fee for certification to operate or supervise the operation of an X-ray machine pursuant to subdivision (e). The fees collected pursuant to this subparagraph shall be deposited into the Radiation Control Fund established pursuant to Section 114980.
(g)Upon recommendation of the committee, exempt from certification requirements those licentiates of the healing arts who have successfully completed formal courses in schools certified by the department and who have successfully passed a roentgenology technology and radiation protection examination approved by the department and administered by the board that issued his or her license.
(h)(1)Require No later than July 1, 2019, the department shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for or the renewal of a certificate, license, or permit issued under this section or regulations promulgated pursuant thereto.
(2)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(3)The department shall not do either of the following:
(A)Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate, license, or permit issued under this section or regulations promulgated pursuant thereto.
(B)Deny certification to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status.
(4)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SEC. 15.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The Legislature finds and declares that it is in the best interest of the State of California to provide persons who are not lawfully present in the United States with the state benefits provided by licensing entities, including the State Department of Public Health, the Emergency Medical Services Authority, and the Commission on Teacher Credentialing.
(b)It is the intent of the Legislature to utilize the individual taxpayer identification number or social security number for the purpose of establishing identification of persons applying for individual certificates or credentials.
SEC. 2.Section 1247.61 of the Business and Professions Code is amended to read:1247.61.To be certified by the department as a Certified Hemodialysis Technician (CHT), a person shall meet all of the following requirements:(a)Have a high school diploma or equivalency, or have greater than four years of work experience in dialysis as of October 14, 2008.(b)Have successfully completed a training program that is approved by the medical director and governing body of a hemodialysis clinic or unit, under the direction of a registered nurse. Following approval by the medical director and governing body, the training program shall be submitted to the department for approval. The training program shall be approved by the department prior to implementation. The training program shall focus on the operation of kidney dialysis equipment and machines, providing direct patient care, and communication and interpersonal skills, including patient sensitivity training and care of difficult patients. For purposes of this subdivision, a person successfully completes a training program if he or she completes all didactic portions of the program and demonstrates competency in the knowledge and skills provided by the program.(1)The training program shall include all of the following subjects, at a minimum:(A)Principles of dialysis.(B)Care of patients with kidney failure, including interpersonal skills.(C)Dialysis procedures and documentation, including initiation, proper cannulation techniques, monitoring, and termination of dialysis.(D)Possible complications of dialysis.(E)Water treatment and dialysate preparation.(F)Infection control.(G)Safety.(H)Dialyzer reprocessing, if applicable.(2)A community or corporate-based training program, or a training program offered by an educational institution, is acceptable if the program meets the requirements of this subdivision.(3)A person employed as a hemodialysis technician by a hemodialysis clinic or unit for more than two years as of October 14, 2008, who does not have documentation of having successfully completed a training program meeting the requirements of this subdivision, shall be deemed to be in compliance with this subdivision by doing both of the following:(A)Passing a written exam, offered by a hemodialysis clinic or unit, or a community or corporate-based training program that meets the requirements of this chapter, covering the subjects listed in paragraph (1).(B)Passing a skills checklist through observation by a registered nurse of the skills listed in paragraph (1).(c)Successfully accomplish either of the following:(1)Pass a standardized test that is approved by the department and that covers the subjects listed in paragraph (1) of subdivision (b) and in Section 1247.5. This test shall be administered in a proctored environment by an independent examiner. For purposes of this subdivision, independent examiners may include representatives appointed by End-Stage Renal Disease Network 17, End-Stage Renal Disease Network 18, the California Dialysis Council, or any private testing organization approved by the department for that purpose.(2)Successfully pass an examination offered by a national, commercially available certification program for hemodialysis technicians which is approved for this purpose by the Centers for Medicare and Medicaid Services.(d)(1)The applicant shall provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.SEC. 2.Section 30 of the Business and Professions Code, as added by Section 2 of Chapter 828 of the Statutes of 2017, is amended to read:30.(a)(1)Notwithstanding any other law, any board, as defined in Section 22, and the State Bar of California, the State Department of Public Health, and the Department of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicants social security number for all other applicants.
(2)No later than January 1, 2016, in In accordance with Section 135.5, a board, as defined in Section 22, and the State Bar of California, the State Department of Public Health, and the Department of Real Estate shall require either the individual taxpayer identification number or social security number if the applicant is an individual for a license or certificate, as defined in subparagraph (2) of subdivision (e), and for purposes of this subdivision.
(b)A licensee failing to provide the federal employer identification number, or the individual taxpayer identification number or social security number shall be reported by the licensing board to the Franchise Tax Board. If the licensee fails to provide that information after notification pursuant to paragraph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code, the licensee shall be subject to the penalty provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation Code.
(c)In addition to the penalty specified in subdivision (b), a licensing board shall not process an application for an initial license unless the applicant provides its federal employer identification number, or individual taxpayer identification number or social security number where requested on the application.
(d)A licensing board shall, upon request of the Franchise Tax Board or the Employment Development Department, furnish to the board or the department, as applicable, the following information with respect to every licensee:
(1)Name.
(2)Address or addresses of record.
(3)Federal employer identification number if the licensee is a partnership, or the licensees individual taxpayer identification number or social security number for all other licensees.
(4)Type of license.
(5)Effective date of license or a renewal.
(6)Expiration date of license.
(7)Whether license is active or inactive, if known.
(8)Whether license is new or a renewal.
(e)For the purposes of this section:
(1)Licensee means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(2)License includes a certificate, registration, or any other authorization needed to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(3)Licensing board means any board, as defined in Section 22, the State Bar, Bar of California, the State Department of Public Health, and the Department of Real Estate.
(f)The reports required under this section shall be filed on magnetic media or in other machine-readable form, according to standards furnished by the Franchise Tax Board or the Employment Development Department, as applicable.
(g)Licensing boards shall provide to the Franchise Tax Board or the Employment Development Department the information required by this section at a time that the board or the department, as applicable, may require.
(h)Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, a federal employer identification number, individual taxpayer identification number, or social security number furnished pursuant to this section shall not be deemed to be a public record and shall not be open to the public for inspection.
(i)A deputy, agent, clerk, officer, or employee of a licensing board described in subdivision (a), or any former officer or employee or other individual who, in the course of his or her employment or duty, has or has had access to the information required to be furnished under this section, shall not disclose or make known in any manner that information, except as provided pursuant to this section to the Franchise Tax Board, the Employment Development Department, or the Office of the Chancellor of the California Community Colleges, or as provided in subdivision (k).
(j)It is the intent of the Legislature in enacting this section to utilize the federal employer identification number, individual taxpayer identification number, or social security number for the purpose of establishing the identification of persons affected by state tax laws, for purposes of compliance with Section 17520 of the Family Code, and for purposes of measuring employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and, to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(k)If the board utilizes a national examination to issue a license, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of any licensing board described in subdivision (a) may release an individual taxpayer identification number or social security number to an examination or licensing entity, only for the purpose of verification of licensure or examination status.
(l)For the purposes of enforcement of Section 17520 of the Family Code, and notwithstanding any other law, a board, as defined in Section 22, and the State Bar of California, the State Department of Public Health, and the Department of Real Estate shall at the time of issuance of the license require that each licensee provide the individual taxpayer identification number or social security number of each individual listed on the license and any person who qualifies for the license. For the purposes of this subdivision, licensee means an entity that is issued a license by any board, as defined in Section 22, the State Bar, Bar of California, the State Department of Public Health, the Department of Real Estate, and the Department of Motor Vehicles.
(m)The department shall, upon request by the Office of the Chancellor of the California Community Colleges, furnish to the chancellors office, as applicable, the following information with respect to every licensee:
(1)Name.
(2)Federal employer identification number if the licensee is a partnership, or the licensees individual taxpayer identification number or social security number for all other licensees.
(3)Date of birth.
(4)Type of license.
(5)Effective date of license or a renewal.
(6)Expiration date of license.
(n)The department shall make available information pursuant to subdivision (m) only to allow the chancellors office to measure employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and recommend how these programs may be improved. Licensure information made available by the department pursuant to this section shall not be used for any other purpose.
(o)The department may make available information pursuant to subdivision (m) only to the extent that making the information available complies with state and federal privacy laws.
(p)The department may, by agreement, condition or limit the availability of licensure information pursuant to subdivision (m) in order to ensure the security of the information and to protect the privacy rights of the individuals to whom the information pertains.
(q)All of the following apply to the licensure information made available pursuant to subdivision (m):
(1)It shall be limited to only the information necessary to accomplish the purpose authorized in subdivision (n).
(2)It shall not be used in a manner that permits third parties to personally identify the individual or individuals to whom the information pertains.
(3)Except as provided in subdivision (n), it shall not be shared with or transmitted to any other party or entity without the consent of the individual or individuals to whom the information pertains.
(4)It shall be protected by reasonable security procedures and practices appropriate to the nature of the information to protect that information from unauthorized access, destruction, use, modification, or disclosure.
(5)It shall be immediately and securely destroyed when no longer needed for the purpose authorized in subdivision (n).
(r)The department or the chancellors office may share licensure information with a third party who contracts to perform the function described in subdivision (n), if the third party is required by contract to follow the requirements of this section.
(s)This section shall become operative on July 1, 2018.SEC. 3.Section 44339.5 is added to the Education Code, to read:44339.5.The commission shall authorize the use of an individual tax identification number in lieu of a social security number for purposes of applying for a credential, or the renewal of a credential, when an applicant cannot provide his or her social security number.
SEC. 4.Section 1337.2 of the Health and Safety Code is amended to read:1337.2.(a)An applicant for certification as a certified nurse assistant shall comply with each of the following:
(1)Be at least 16 years of age.
(2)Have successfully completed a training program approved by the department, which includes an examination to test the applicants knowledge and skills related to basic patient care services.
(3)Obtain a criminal record clearance pursuant to Section 1338.5.
(b)(1)The applicant shall provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(c)The state department may establish procedures for issuing certificates which recognize certification programs in other states and countries.
(d)Upon written application, criminal record clearance pursuant to Section 1338.5, and documentation of passing an appropriate competency examination, the state department may issue a certificate to any applicant who possesses a valid state license as either a licensed vocational nurse or a registered nurse issued by any other state or foreign country, and who, in the opinion of the state department, has the qualifications specified in this article.
(e)Upon written application, criminal record clearance pursuant to Section 1338.5, and documentation of passing an appropriate examination, the state department may issue a certificate to any applicant who has completed the fundamentals of nursing courses in a school for registered nurses, approved by the Board of Registered Nursing, or in a school for licensed vocational nurses, approved by the Board of Vocational Nurse and Psychiatric Technician Examiners, which are substantially equivalent to the certification training program specified in this article.
(f)Every person certified as a nurse assistant under this article may be known as a certified nurse assistant and may place the letters CNA after his or her name when working in a licensed health facility. An individual working independently, providing personal care services, may not advertise or represent himself or herself as a certified nurse assistant.
(g)Any person holding a nurse assistant certificate issued by the state department prior to January 1, 1988, may continue to hold himself or herself out as a certified nurse assistant until January 1, 1991. Thereafter, it shall be unlawful for any person not certified under this article to hold himself or herself out to be a certified nurse assistant. Any person willfully making any false representation as being a certified nurse assistant is guilty of a misdemeanor.
(h)Any person who violates this article is guilty of a misdemeanor and, upon a conviction thereof, shall be punished by imprisonment in the county jail for not more than 180 days, or by a fine of not less than twenty dollars ($20) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.
SEC. 5.Section 1736.1 of the Health and Safety Code is amended to read:1736.1.(a)An applicant for certification as a certified home health aide shall comply with each of the following requirements:
(1)Have successfully completed a training program with a minimum of 75 hours or an equivalent competency evaluation program approved by the department pursuant to applicable federal and state regulations.
(2)Obtain a criminal record clearance pursuant to Section 1736.6.
(b)(1)The applicant shall provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(c)Any person who violates this article is guilty of a misdemeanor and, upon a conviction thereof, shall be punished by imprisonment in the county jail for not more than 180 days, or by a fine of not less than twenty dollars ($20) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.
SEC. 6.Section 1797.170 of the Health and Safety Code is amended to read:1797.170.(a)The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt regulations for the training and scope of practice for EMT-I certification.
(b)(1)The authority and local EMS agency shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(c)Any individual certified as an EMT-I pursuant to this division shall be recognized as an EMT-I on a statewide basis, and recertification shall be based on statewide standards.
(d)Effective July 1, 1990, any individual certified as an EMT-I pursuant to this act shall complete a course of training on the nature of sudden infant death syndrome which is developed by the California SIDS program in the State Department of Public Health in consultation with experts in the field of sudden infant death syndrome.
(e)On or before July 1, 2016, the authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt regulations to include the administration of naloxone hydrochloride in the training and scope of practice of EMT-I certification. These regulations shall be substantially similar to existing regulations set forth in Chapter 3 (commencing with Section 100101) of Division 9 of Title 22 of the California Code of Regulations that authorize an EMT-I to receive EMT-II training in the administration of naloxone hydrochloride without having to complete the entire EMT-II certification course. This subdivision shall be implemented in accordance with Chapter 5 (commencing with Section 1798).
SEC. 7.Section 1797.171 of the Health and Safety Code is amended to read:1797.171.(a)The authority shall develop, and after approval of the commission pursuant to Section 1799.50, shall adopt, minimum standards for the training and scope of practice for EMT-II.
(b)(1)The authority and local EMS agency shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(c)An EMT-II shall complete a course of training on the nature of sudden infant death syndrome in accordance with subdivision (b) of Section 1797.170.
(d)In rural or remote areas of the state where patient transport times are particularly long and where local resources are inadequate to support an EMT-P program for EMS responses, the director may approve additions to the scope of practice of EMT-IIs serving the local system, if requested by the medical director of the local EMS agency, and if the EMT-II has received training equivalent to that of an EMT-P. The approval of the director, in consultation with a committee of local EMS medical directors named by the Emergency Medical Directors Association of California, is required prior to implementation of any addition to a local optional scope of practice for EMT-IIs proposed by the medical director of a local EMS agency. No drug or procedure that is not part of the basic EMT-P scope of practice, including, but not limited to, any approved local options, shall be added to any EMT-II scope of practice pursuant to this subdivision.
Approval of additions to the scope of practices pursuant to this subdivision may be given only for EMT-II programs in effect on January 1, 1994.
SEC. 8.Section 1797.172 of the Health and Safety Code is amended to read:1797.172.(a)The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt minimum standards for the training and scope of practice for EMT-P.
(b)The approval of the director, in consultation with a committee of local EMS medical directors named by the EMS Medical Directors Association of California, is required prior to implementation of any addition to a local optional scope of practice for EMT-Ps proposed by the medical director of a local EMS agency.
(c)(1)Notwithstanding any other provision of law, the authority shall be the agency solely responsible for licensure and licensure renewal of EMT-Ps who meet the standards and are not precluded from licensure because of any of the reasons listed in subdivision (d) of Section 1798.200. Each application for licensure or licensure renewal shall require the applicants individual taxpayer identification number or the social security number in order to establish the identity of the applicant. The information obtained as a result of a state and federal level criminal offender record information search shall be used in accordance with Section 11105 of the Penal Code, and to determine whether the applicant is subject to denial of licensure or licensure renewal pursuant to this division. Submission of fingerprint images to the Department of Justice may not be required for licensure renewal upon determination by the authority that fingerprint images have previously been submitted to the Department of Justice during initial licensure, or a previous licensure renewal, provided that the license has not lapsed and the applicant has resided continuously in the state since the initial licensure.
(2)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(d)The authority shall charge fees for the licensure and licensure renewal of EMT-Ps in an amount sufficient to support the authoritys licensure program at a level that ensures the qualifications of the individuals licensed to provide quality care. The basic fee for licensure or licensure renewal of an EMT-P shall not exceed one hundred twenty-five dollars ($125) until the adoption of regulations that specify a different amount that does not exceed the authoritys EMT-P licensure, license renewal, and enforcement programs. The authority shall annually evaluate fees to determine if the fee is sufficient to fund the actual costs of the authoritys licensure, licensure renewal, and enforcement programs. If the evaluation shows that the fees are excessive or are insufficient to fund the actual costs of the authoritys EMT-P licensure, licensure renewal, and enforcement programs, then the fees shall be adjusted accordingly through the rulemaking process described in the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Separate additional fees may be charged, at the option of the authority, for services that are not shared by all applicants for licensure and licensure renewal, including, but not limited to, any of the following services:
(1)Initial application for licensure as an EMT-P.
(2)Competency testing, the fee for which shall not exceed thirty dollars ($30), except that an additional fee may be charged for the cost of any services that provide enhanced availability of the exam for the convenience of the EMT-P, such as on-demand electronic testing.
(3)Fingerprint and criminal record check. The applicant shall, if applicable according to subdivision (c), submit fingerprint images and related information for criminal offender record information searches with the Department of Justice and the Federal Bureau of Investigation.
(4)Out-of-state training equivalency determination.
(5)Verification of continuing education for a lapse in licensure.
(6)Replacement of a lost licensure card. The fees charged for individual services shall be set so that the total fees charged to EMT-Ps shall not exceed the authoritys actual total cost for the EMT-P licensure program.
(e)The authority may provide nonconfidential, nonpersonal information relating to EMS programs to interested persons upon request, and may establish and assess fees for the provision of this information. These fees shall not exceed the costs of providing the information.
(f)At the option of the authority, fees may be collected for the authority by an entity that contracts with the authority to provide any of the services associated with the EMT-P program. All fees collected for the authority in a calendar month by any entity designated by the authority pursuant to this section to collect fees for the authority shall be transmitted to the authority for deposit into the Emergency Medical Services Personnel Fund within 30 calendar days following the last day of the calendar month in which the fees were received by the designated entity, unless the contract between the entity and the authority specifies a different timeframe.
SEC. 9.Section 106995 of the Health and Safety Code is amended to read:106995.(a)The department shall prescribe minimum qualifications for granting of permits and certificates in radiologic technology in any classification, as well as continuing education requirements for holders of these permits and certificates in order to protect the public health and safety.
(b)(1)The department shall permit an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
SEC. 10.Section 114870 of the Health and Safety Code is amended to read:114870.The department shall do all of the following:
(a)Upon recommendation of the committee, adopt regulations as may be necessary to accomplish the purposes of this chapter.
(b)(1)Provide for certification of radiologic technologists, without limitation as to procedures or areas of application, except as provided in Section 106980. Separate certificates shall be provided for diagnostic radiologic technology, for mammographic radiologic technology, and for therapeutic radiologic technology. If a person has received accreditation to perform mammography from a private accreditation organization, the department shall consider this accreditation when deciding to issue a mammographic radiologic technology certificate.
(2)Provide, upon recommendation of the committee, that a radiologic technologist who operates digital radiography equipment devote a portion of his or her continuing education credit hours to continuing education in digital radiologic technology.
(c)(1)(A)Provide, as may be deemed appropriate, for granting limited permits to persons to conduct radiologic technology limited to the performance of certain procedures or the application of X-rays to specific areas of the human body, except for mammography, prescribe minimum standards of training and experience for these persons, and prescribe procedures for examining applicants for limited permits. The minimum standards shall include a requirement that persons granted limited permits under this subdivision shall meet those fundamental requirements in basic radiological health training and knowledge similar to those required for persons certified under subdivision (b) as the department determines are reasonably necessary for the protection of the health and safety of the public.
(B) Provide that an applicant for approval as a limited permit X-ray technician in the categories of chest radiography, extremities radiography, gastrointestinal radiography, genitourinary radiography, leg-podiatric radiography, skull radiography, and torso-skeletal radiography, as these categories are defined in Section 30443 of Title 17 of the California Code of Regulations, shall have at least 50 hours of education in radiological protection and safety. The department may allocate these hours as it deems appropriate.
(2)Provide that a limited permit X-ray technician in the categories of chest radiography, extremities radiography, gastrointestinal radiography, genitourinary radiography, leg-podiatric radiography, skull radiography, and torso-skeletal radiography, as these categories are defined in Section 30443 of Title 17 of the California Code of Regulations, may perform digital radiography within their respective scopes of practice after completion of 20 hours or more of instruction in digital radiologic technology approved by the department. This requirement shall not be construed to preclude limited permit X-ray technicians in the categories of dental laboratory radiography and X-ray bone densitometry from performing digital radiography upon meeting the educational requirements determined by the department.
(3)Provide, upon recommendation of the committee, that a limited permit X-ray technician who has completed the initial instruction described in paragraph (2) devote a portion of his or her required continuing education credit hours to additional continuing instruction in digital radiologic technology.
(d)Provide for the approval of schools for radiologic technologists. Schools for radiologic technologists shall include 20 hours of approved instruction in digital radiography. The department may exempt a school from this requirement as it deems appropriate.
(e)Provide, upon recommendation of the committee, for certification of licentiates of the healing arts to supervise the operation of X-ray machines or to operate X-ray machines, or both, prescribe minimum standards of training and experience for these licentiates of the healing arts, and prescribe procedures for examining applicants for certification. This certification may limit the use of X-rays to certain X-ray procedures and the application of X-rays to specific areas of the human body.
(f)(1)Provide for certification of any physician and surgeon to operate, and supervise the operation of, a bone densitometer, if that physician and surgeon provides the department a certificate that evidences training in the use of a bone densitometer by a representative of a bone densitometer machine manufacturer, or through any radiologic technology school. The certification shall be valid for the particular bone densitometer the physician and surgeon was trained to use, and for any other bone densitometer that meets all of the criteria specified in subparagraphs (A) to (C), inclusive, if the physician and surgeon has completed training, as specified in subparagraph (A) of paragraph (2), for the use of that bone densitometer. The physician and surgeon shall, upon request of the department, provide evidence of training, pursuant to subparagraph (A) of paragraph (2), for the use of any bone densitometer used by the physician and surgeon. The activity covered by the certificate shall be limited to the use of an X-ray bone densitometer to which all of the following is applicable:
(A)The bone densitometer does not require user intervention for calibration.
(B)The bone densitometer does not provide an image for diagnosis.
(C)The bone densitometer is used only to estimate bone density of the heel, wrist, or finger of the patient.
(2)The certificate shall be accompanied by a copy of the curriculum covered by the manufacturers representative or radiologic technology school. The curriculum shall include, at a minimum, instruction in all of the following areas:
(A)Procedures for operation of the bone densitometer by the physician and surgeon, and for the supervision of the operation of the bone densitometer by other persons, including procedures for quality assurance of the bone densitometer.
(B)Proper radiation protection of the operator, the patient, and third parties in proximity to the bone densitometer.
(C)Provisions of Article 5 (commencing with Section 106955) of Chapter 4 of Part 1 of Division 104.
(D)Provisions of Chapter 6 (commencing with Section 114840) of Part 9 of Division 104.
(E)Provisions of Group 1 (commencing with Section 30100) of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(F)Provisions of Group 1.5 (commencing with Section 30108) of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(G)Provisions of Article 1 (commencing with Section 30250) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(H)Provisions of Article 2 (commencing with Section 30254) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(I)Provisions of Article 3 (commencing with Section 30265) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(J)Provisions of Article 4 (commencing with Section 30305) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(K)Provisions of Subchapter 4.5 (commencing with Section 30400) of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(3)(A)Notwithstanding any other provision of law, this subdivision shall constitute all the requirements that must be met by a physician and surgeon in order to operate, and supervise the operation of, a bone densitometer. The department may adopt regulations consistent with this section in order to administer the certification requirements.
(B)No person may be supervised by a physician and surgeon in the use of a bone densitometer unless that person possesses the necessary license or permit required by the department.
(C)Nothing in this subdivision shall affect the requirements imposed by the committee or the department for the registration of a bone densitometer machine, or for the inspection of facilities in which any bone densitometer machine is operated.
(D)This subdivision shall not apply to a licentiate of the healing arts who is certified pursuant to subdivision (e) or pursuant to Section 107111.
(E)The department shall charge a fee for a certificate issued pursuant to this subdivision to the extent necessary to administer certification. The fee shall be in an amount sufficient to cover the departments costs of implementing this subdivision and shall not exceed the fee for certification to operate or supervise the operation of an X-ray machine pursuant to subdivision (e). The fees collected pursuant to this subparagraph shall be deposited into the Radiation Control Fund established pursuant to Section 114980.
(g)Upon recommendation of the committee, exempt from certification requirements those licentiates of the healing arts who have successfully completed formal courses in schools certified by the department and who have successfully passed a roentgenology technology and radiation protection examination approved by the department and administered by the board that issued his or her license.
(h)(1)Require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for or the renewal of a certificate, license, or permit issued under this section or regulations promulgated pursuant thereto.
(2)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The Legislature finds and declares that it is in the best interest of the State of California to provide persons who are not lawfully present in the United States with the state benefits provided by licensing entities, including the State Department of Public Health, the Emergency Medical Services Authority, and the Commission on Teacher Credentialing.
(b)It is the intent of the Legislature to utilize the individual taxpayer identification number or social security number for the purpose of establishing identification of persons applying for individual certificates or credentials.
SEC. 2.Section 1247.61 of the Business and Professions Code is amended to read:1247.61.To be certified by the department as a Certified Hemodialysis Technician (CHT), a person shall meet all of the following requirements:
(a)Have a high school diploma or equivalency, or have greater than four years of work experience in dialysis as of October 14, 2008.
(b)Have successfully completed a training program that is approved by the medical director and governing body of a hemodialysis clinic or unit, under the direction of a registered nurse. Following approval by the medical director and governing body, the training program shall be submitted to the department for approval. The training program shall be approved by the department prior to implementation. The training program shall focus on the operation of kidney dialysis equipment and machines, providing direct patient care, and communication and interpersonal skills, including patient sensitivity training and care of difficult patients. For purposes of this subdivision, a person successfully completes a training program if he or she completes all didactic portions of the program and demonstrates competency in the knowledge and skills provided by the program.
(1)The training program shall include all of the following subjects, at a minimum:
(A)Principles of dialysis.
(B)Care of patients with kidney failure, including interpersonal skills.
(C)Dialysis procedures and documentation, including initiation, proper cannulation techniques, monitoring, and termination of dialysis.
(D)Possible complications of dialysis.
(E)Water treatment and dialysate preparation.
(F)Infection control.
(G)Safety.
(H)Dialyzer reprocessing, if applicable.
(2)A community or corporate-based training program, or a training program offered by an educational institution, is acceptable if the program meets the requirements of this subdivision.
(3)A person employed as a hemodialysis technician by a hemodialysis clinic or unit for more than two years as of October 14, 2008, who does not have documentation of having successfully completed a training program meeting the requirements of this subdivision, shall be deemed to be in compliance with this subdivision by doing both of the following:
(A)Passing a written exam, offered by a hemodialysis clinic or unit, or a community or corporate-based training program that meets the requirements of this chapter, covering the subjects listed in paragraph (1).
(B)Passing a skills checklist through observation by a registered nurse of the skills listed in paragraph (1).
(c)Successfully accomplish either of the following:
(1)Pass a standardized test that is approved by the department and that covers the subjects listed in paragraph (1) of subdivision (b) and in Section 1247.5. This test shall be administered in a proctored environment by an independent examiner. For purposes of this subdivision, independent examiners may include representatives appointed by End-Stage Renal Disease Network 17, End-Stage Renal Disease Network 18, the California Dialysis Council, or any private testing organization approved by the department for that purpose.
(2)Successfully pass an examination offered by a national, commercially available certification program for hemodialysis technicians which is approved for this purpose by the Centers for Medicare and Medicaid Services.
(d)(1)The applicant shall provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
SECTION 1.SEC. 3.Section 44339.5 is added to the Education Code, to read:44339.5.The commission shall authorize the use of an individual tax identification number in lieu of a social security number for purposes of applying for a credential, or the renewal of a credential, when an applicant cannot provide his or her social security number.
SEC. 4.Section 1337.2 of the Health and Safety Code is amended to read:1337.2.(a)An applicant for certification as a certified nurse assistant shall comply with each of the following:
(1)Be at least 16 years of age.
(2)Have successfully completed a training program approved by the department, which includes an examination to test the applicants knowledge and skills related to basic patient care services.
(3)Obtain a criminal record clearance pursuant to Section 1338.5.
(b)(1)The applicant shall provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(b)(c)The state department may establish procedures for issuing certificates which recognize certification programs in other states and countries.
(c)(d)Upon written application, criminal record clearance pursuant to Section 1338.5, and documentation of passing an appropriate competency examination, the state department may issue a certificate to any applicant who possesses a valid state license as either a licensed vocational nurse or a registered nurse issued by any other state or foreign country, and who, in the opinion of the state department, has the qualifications specified in this article.
(d)(e)Upon written application, criminal record clearance pursuant to Section 1338.5, and documentation of passing an appropriate examination, the state department may issue a certificate to any applicant who has completed the fundamentals of nursing courses in a school for registered nurses, approved by the Board of Registered Nursing, or in a school for licensed vocational nurses, approved by the Board of Vocational Nurse and Psychiatric Technician Examiners, which are substantially equivalent to the certification training program specified in this article.
(e)(f)Every person certified as a nurse assistant under this article may be known as a certified nurse assistant and may place the letters CNA after his or her name when working in a licensed health facility. An individual working independently, providing personal care services, may not advertise or represent himself or herself as a certified nurse assistant.
(f)(g)Any person holding a nurse assistant certificate issued by the state department prior to January 1, 1988, may continue to hold himself or herself out as a certified nurse assistant until January 1, 1991. Thereafter, it shall be unlawful for any person not certified under this article to hold himself or herself out to be a certified nurse assistant. Any person willfully making any false representation as being a certified nurse assistant is guilty of a misdemeanor.
(g)(h)Any person who violates this article is guilty of a misdemeanor and, upon a conviction thereof, shall be punished by imprisonment in the county jail for not more than 180 days, or by a fine of not less than twenty dollars ($20) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.
SEC. 5.Section 1736.1 of the Health and Safety Code is amended to read:1736.1.(a)An applicant for certification as a certified home health aide shall comply with each of the following requirements:
(1)Have successfully completed a training program with a minimum of 75 hours or an equivalent competency evaluation program approved by the department pursuant to applicable federal and state regulations.
(2)Obtain a criminal record clearance pursuant to Section 1736.6.
(b)(1)The applicant shall provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(b)(c)Any person who violates this article is guilty of a misdemeanor and, upon a conviction thereof, shall be punished by imprisonment in the county jail for not more than 180 days, or by a fine of not less than twenty dollars ($20) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.
SEC. 6.Section 1797.170 of the Health and Safety Code is amended to read:1797.170.(a)The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt regulations for the training and scope of practice for EMT-I certification.
(b)(1)The authority and local EMS agency shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(b)(c)Any individual certified as an EMT-I pursuant to this division shall be recognized as an EMT-I on a statewide basis, and recertification shall be based on statewide standards.
(c)(d)Effective July 1, 1990, any individual certified as an EMT-I pursuant to this act shall complete a course of training on the nature of sudden infant death syndrome which is developed by the California SIDS program in the State Department of Public Health in consultation with experts in the field of sudden infant death syndrome.
(d)(e)On or before July 1, 2016, the authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt regulations to include the administration of naloxone hydrochloride in the training and scope of practice of EMT-I certification. These regulations shall be substantially similar to existing regulations set forth in Chapter 3 (commencing with Section 100101) of Division 9 of Title 22 of the California Code of Regulations that authorize an EMT-I to receive EMT-II training in the administration of naloxone hydrochloride without having to complete the entire EMT-II certification course. This subdivision shall be implemented in accordance with Chapter 5 (commencing with Section 1798).
SEC. 7.Section 1797.171 of the Health and Safety Code is amended to read:1797.171.(a)The authority shall develop, and after approval of the commission pursuant to Section 1799.50, shall adopt, minimum standards for the training and scope of practice for EMT-II.
(b)(1)The authority and local EMS agency shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(b)(c)An EMT-II shall complete a course of training on the nature of sudden infant death syndrome in accordance with subdivision (b) of Section 1797.170.
(c)(d)In rural or remote areas of the state where patient transport times are particularly long and where local resources are inadequate to support an EMT-P program for EMS responses, the director may approve additions to the scope of practice of EMT-IIs serving the local system, if requested by the medical director of the local EMS agency, and if the EMT-II has received training equivalent to that of an EMT-P. The approval of the director, in consultation with a committee of local EMS medical directors named by the Emergency Medical Directors Association of California, is required prior to implementation of any addition to a local optional scope of practice for EMT-IIs proposed by the medical director of a local EMS agency. No drug or procedure that is not part of the basic EMT-P scope of practice, including, but not limited to, any approved local options, shall be added to any EMT-II scope of practice pursuant to this subdivision.
Approval of additions to the scope of practices pursuant to this subdivision may be given only for EMT-II programs in effect on January 1, 1994.
SEC. 8.Section 1797.172 of the Health and Safety Code is amended to read:1797.172.(a)The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt minimum standards for the training and scope of practice for EMT-P.
(b)The approval of the director, in consultation with a committee of local EMS medical directors named by the EMS Medical Directors Association of California, is required prior to implementation of any addition to a local optional scope of practice for EMT-Ps proposed by the medical director of a local EMS agency.
(c)(1)Notwithstanding any other provision of law, the authority shall be the agency solely responsible for licensure and licensure renewal of EMT-Ps who meet the standards and are not precluded from licensure because of any of the reasons listed in subdivision (d) of Section 1798.200. Each application for licensure or licensure renewal shall require the applicants individual taxpayer identification number or the social security number in order to establish the identity of the applicant. The information obtained as a result of a state and federal level criminal offender record information search shall be used in accordance with Section 11105 of the Penal Code, and to determine whether the applicant is subject to denial of licensure or licensure renewal pursuant to this division. Submission of fingerprint images to the Department of Justice may not be required for licensure renewal upon determination by the authority that fingerprint images have previously been submitted to the Department of Justice during initial licensure, or a previous licensure renewal, provided that the license has not lapsed and the applicant has resided continuously in the state since the initial licensure.
(2)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(d)The authority shall charge fees for the licensure and licensure renewal of EMT-Ps in an amount sufficient to support the authoritys licensure program at a level that ensures the qualifications of the individuals licensed to provide quality care. The basic fee for licensure or licensure renewal of an EMT-P shall not exceed one hundred twenty-five dollars ($125) until the adoption of regulations that specify a different amount that does not exceed the authoritys EMT-P licensure, license renewal, and enforcement programs. The authority shall annually evaluate fees to determine if the fee is sufficient to fund the actual costs of the authoritys licensure, licensure renewal, and enforcement programs. If the evaluation shows that the fees are excessive or are insufficient to fund the actual costs of the authoritys EMT-P licensure, licensure renewal, and enforcement programs, then the fees shall be adjusted accordingly through the rulemaking process described in the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Separate additional fees may be charged, at the option of the authority, for services that are not shared by all applicants for licensure and licensure renewal, including, but not limited to, any of the following services:
(1)Initial application for licensure as an EMT-P.
(2)Competency testing, the fee for which shall not exceed thirty dollars ($30), except that an additional fee may be charged for the cost of any services that provide enhanced availability of the exam for the convenience of the EMT-P, such as on-demand electronic testing.
(3)Fingerprint and criminal record check. The applicant shall, if applicable according to subdivision (c), submit fingerprint images and related information for criminal offender record information searches with the Department of Justice and the Federal Bureau of Investigation.
(4)Out-of-state training equivalency determination.
(5)Verification of continuing education for a lapse in licensure.
(6)Replacement of a lost licensure card. The fees charged for individual services shall be set so that the total fees charged to EMT-Ps shall not exceed the authoritys actual total cost for the EMT-P licensure program.
(e)The authority may provide nonconfidential, nonpersonal information relating to EMS programs to interested persons upon request, and may establish and assess fees for the provision of this information. These fees shall not exceed the costs of providing the information.
(f)At the option of the authority, fees may be collected for the authority by an entity that contracts with the authority to provide any of the services associated with the EMT-P program. All fees collected for the authority in a calendar month by any entity designated by the authority pursuant to this section to collect fees for the authority shall be transmitted to the authority for deposit into the Emergency Medical Services Personnel Fund within 30 calendar days following the last day of the calendar month in which the fees were received by the designated entity, unless the contract between the entity and the authority specifies a different timeframe.
SEC. 9.Section 106995 of the Health and Safety Code is amended to read:106995.(a)The department shall prescribe minimum qualifications for granting of permits and certificates in radiologic technology in any classification, as well as continuing education requirements for holders of these permits and certificates in order to protect the public health and safety.
(b)(1)The department shall permit an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate.
(2)If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individuals taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status.
(3)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
SEC. 10.Section 114870 of the Health and Safety Code is amended to read:114870.The department shall do all of the following:
(a)Upon recommendation of the committee, adopt regulations as may be necessary to accomplish the purposes of this chapter.
(b)(1)Provide for certification of radiologic technologists, without limitation as to procedures or areas of application, except as provided in Section 106980. Separate certificates shall be provided for diagnostic radiologic technology, for mammographic radiologic technology, and for therapeutic radiologic technology. If a person has received accreditation to perform mammography from a private accreditation organization, the department shall consider this accreditation when deciding to issue a mammographic radiologic technology certificate.
(2)Provide, upon recommendation of the committee, that a radiologic technologist who operates digital radiography equipment devote a portion of his or her continuing education credit hours to continuing education in digital radiologic technology.
(c)(1)(A)Provide, as may be deemed appropriate, for granting limited permits to persons to conduct radiologic technology limited to the performance of certain procedures or the application of X-rays to specific areas of the human body, except for mammography, prescribe minimum standards of training and experience for these persons, and prescribe procedures for examining applicants for limited permits. The minimum standards shall include a requirement that persons granted limited permits under this subdivision shall meet those fundamental requirements in basic radiological health training and knowledge similar to those required for persons certified under subdivision (b) as the department determines are reasonably necessary for the protection of the health and safety of the public.
(B) Provide that an applicant for approval as a limited permit X-ray technician in the categories of chest radiography, extremities radiography, gastrointestinal radiography, genitourinary radiography, leg-podiatric radiography, skull radiography, and torso-skeletal radiography, as these categories are defined in Section 30443 of Title 17 of the California Code of Regulations, shall have at least 50 hours of education in radiological protection and safety. The department may allocate these hours as it deems appropriate.
(2)Provide that a limited permit X-ray technician in the categories of chest radiography, extremities radiography, gastrointestinal radiography, genitourinary radiography, leg-podiatric radiography, skull radiography, and torso-skeletal radiography, as these categories are defined in Section 30443 of Title 17 of the California Code of Regulations, may perform digital radiography within their respective scopes of practice after completion of 20 hours or more of instruction in digital radiologic technology approved by the department. This requirement shall not be construed to preclude limited permit X-ray technicians in the categories of dental laboratory radiography and X-ray bone densitometry from performing digital radiography upon meeting the educational requirements determined by the department.
(3)Provide, upon recommendation of the committee, that a limited permit X-ray technician who has completed the initial instruction described in paragraph (2) devote a portion of his or her required continuing education credit hours to additional continuing instruction in digital radiologic technology.
(d)Provide for the approval of schools for radiologic technologists. Schools for radiologic technologists shall include 20 hours of approved instruction in digital radiography. The department may exempt a school from this requirement as it deems appropriate.
(e)Provide, upon recommendation of the committee, for certification of licentiates of the healing arts to supervise the operation of X-ray machines or to operate X-ray machines, or both, prescribe minimum standards of training and experience for these licentiates of the healing arts, and prescribe procedures for examining applicants for certification. This certification may limit the use of X-rays to certain X-ray procedures and the application of X-rays to specific areas of the human body.
(f)(1)Provide for certification of any physician and surgeon to operate, and supervise the operation of, a bone densitometer, if that physician and surgeon provides the department a certificate that evidences training in the use of a bone densitometer by a representative of a bone densitometer machine manufacturer, or through any radiologic technology school. The certification shall be valid for the particular bone densitometer the physician and surgeon was trained to use, and for any other bone densitometer that meets all of the criteria specified in subparagraphs (A) to (C), inclusive, if the physician and surgeon has completed training, as specified in subparagraph (A) of paragraph (2), for the use of that bone densitometer. The physician and surgeon shall, upon request of the department, provide evidence of training, pursuant to subparagraph (A) of paragraph (2), for the use of any bone densitometer used by the physician and surgeon. The activity covered by the certificate shall be limited to the use of an X-ray bone densitometer to which all of the following is applicable:
(A)The bone densitometer does not require user intervention for calibration.
(B)The bone densitometer does not provide an image for diagnosis.
(C)The bone densitometer is used only to estimate bone density of the heel, wrist, or finger of the patient.
(2)The certificate shall be accompanied by a copy of the curriculum covered by the manufacturers representative or radiologic technology school. The curriculum shall include, at a minimum, instruction in all of the following areas:
(A)Procedures for operation of the bone densitometer by the physician and surgeon, and for the supervision of the operation of the bone densitometer by other persons, including procedures for quality assurance of the bone densitometer.
(B)Proper radiation protection of the operator, the patient, and third parties in proximity to the bone densitometer.
(C)Provisions of Article 5 (commencing with Section 106955) of Chapter 4 of Part 1 of Division 104.
(D)Provisions of Chapter 6 (commencing with Section 114840) of Part 9 of Division 104.
(E)Provisions of Group 1 (commencing with Section 30100) of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(F)Provisions of Group 1.5 (commencing with Section 30108) of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(G)Provisions of Article 1 (commencing with Section 30250) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(H)Provisions of Article 2 (commencing with Section 30254) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(I)Provisions of Article 3 (commencing with Section 30265) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(J)Provisions of Article 4 (commencing with Section 30305) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(K)Provisions of Subchapter 4.5 (commencing with Section 30400) of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
(3)(A)Notwithstanding any other provision of law, this subdivision shall constitute all the requirements that must be met by a physician and surgeon in order to operate, and supervise the operation of, a bone densitometer. The department may adopt regulations consistent with this section in order to administer the certification requirements.
(B)No person may be supervised by a physician and surgeon in the use of a bone densitometer unless that person possesses the necessary license or permit required by the department.
(C)Nothing in this subdivision shall affect the requirements imposed by the committee or the department for the registration of a bone densitometer machine, or for the inspection of facilities in which any bone densitometer machine is operated.
(D)This subdivision shall not apply to a licentiate of the healing arts who is certified pursuant to subdivision (e) or pursuant to Section 107111.
(E)The department shall charge a fee for a certificate issued pursuant to this subdivision to the extent necessary to administer certification. The fee shall be in an amount sufficient to cover the departments costs of implementing this subdivision and shall not exceed the fee for certification to operate or supervise the operation of an X-ray machine pursuant to subdivision (e). The fees collected pursuant to this subparagraph shall be deposited into the Radiation Control Fund established pursuant to Section 114980.
(g)Upon recommendation of the committee, exempt from certification requirements those licentiates of the healing arts who have successfully completed formal courses in schools certified by the department and who have successfully passed a roentgenology technology and radiation protection examination approved by the department and administered by the board that issued his or her license.
(h)(1)Require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for or the renewal of a certificate, license, or permit issued under this section or regulations promulgated pursuant thereto.
(2)The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, and Section 17520 of the Family Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The commission shall authorize the use of an individual tax identification number in lieu of a social security number for purposes of applying for a credential, or the renewal of a credential, when an applicant cannot provide his or her social security number.
All matter omitted in this version of the bill appears in the bill as introduced in the Senate, February 17, 2017. (JR11)(a)Sections 290 to 290.024, inclusive, shall be known and may be cited as the Sex Offender Registration Act. All references to the Act in those sections are to the Sex Offender Registration Act.
(b)Every person described in subdivision (c), for the rest of his or her life period specified in subdivision (d) while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall be required to register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall be required to register thereafter in accordance with the Act. Act, unless the duty to register is terminated pursuant to Section 290.5.
(c)The following persons shall be required to register:
AnyEvery person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) and or (c) of Section 236.1, Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the above-mentioned offenses; offenses described in this subdivision; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the above-mentioned offenses. offenses described in this subdivision.
(d)A person described in subdivision (c), or who is otherwise required to register pursuant to the Act following conviction or adjudication shall register for 10 years, 20 years, or life, following adjudication or conviction and release from incarceration, placement, commitment, or release on probation or other supervision, as follows:
(1)(A)A tier one offender is subject to registration for a minimum of 10 years. A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(B)This paragraph does not apply to a person who is subject to registration pursuant to paragraph (2) or (3).
(2)(A)A tier two offender is subject to registration for a minimum of 20 years. A person is a tier two offender if the person was convicted of an offense described in subdivision (c) that is also described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, or that is an offense described in subdivision (a) or (d) of Section 243.4, Section 285, subdivision (f), (g), (h), or (i) of Section 286, subdivision (c) of Section 288, subdivision (f), (g), (h), or (i) of Section 288a, subdivision (b), (d), or (e) of Section 289, or subdivision (c) of Section 653f.
(B)This paragraph does not apply if the person is subject to lifetime registration as required in paragraph (3).
(3)A tier three offender is subject to registration for life. A person is a tier three offender if any one of the following applies:
(A)Following conviction of a registerable offense, the person was subsequently convicted in a separate proceeding of committing an offense described in subdivision (c) and the conviction is for commission of a violent felony described in subdivision (c) of Section 667.5, or the person was subsequently convicted of committing an offense for which the person was ordered to register pursuant to Section 290.006, and the conviction is for the commission of a violent felony described in subdivision (c) of Section 667.5.
(B)The person was committed to a state mental hospital as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(C)The person was convicted of violating Section 187 while attempting to commit or committing an act punishable under Section 261, 286, 288, 288a, or 289; Section 207 or 209 with intent to violate Section 261, 286, 288, 288a, or 289; subdivision (b) of Section 220; Section 269; subdivision (b) of Section 288; Section 288.7; or any offense for which the person is sentenced to a life term pursuant to Section 667.61.
(D)The persons risk level on the static risk assessment instrument for sex offenders (SARATSO), pursuant to Section 290.04, is well above average risk, as defined in the Coding Rules for that instrument.
(E)The person is a habitual sex offender pursuant to Section 667.71.
(F)The person was convicted of violating subdivision (a) of Sections 288 in two proceedings brought and tried separately.
(G)The person was sentenced to 15 to 25 years to life for an offense listed in Section 667.61.
(H)The person is required to register pursuant to Section 290.004.
(I)The person was convicted of a felony offense described in subdivision (b) or (c) of Section 236.1.
(4)(A)A person who is required to register pursuant to Section 290.005 shall be placed in the appropriate tier if the offense is assessed as equivalent to a California registerable offense described in subdivision (c).
(B)If the persons duty to register pursuant to Section 290.005 is based solely on the requirement of registration in another jurisdiction, and there is no equivalent California registerable offense, the person shall be subject to registration as a tier two offender, except that the person is subject to registration as a tier three offender if one of the following applies:
(i)The persons risk level on the static risk assessment instrument (SARATSO), pursuant to Section 290.06, is well above average risk, as defined in the Coding Rules for that instrument.
(ii)The person was subsequently convicted in a separate proceeding of an offense substantially similar to an offense listed in subdivision (c) which is also substantially similar to an offense described in subdivision (c) of Section 667.5, or is substantially similar to Section 269 or 288.7.
(iii)The person has ever been committed to a state mental hospital or mental health facility in a proceeding substantially similar to civil commitment as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(e)The minimum time period for the completion of the required registration period in tier one or two, commences on the date of release from incarceration, placement, or commitment, including any related civil commitment on the registerable offense. The minimum time for the completion of the required registration period for a designated tier is tolled during any period of subsequent incarceration, placement, or commitment, including any subsequent civil commitment. The minimum time period shall be extended by one year for each misdemeanor conviction of failing to register under this act, and by three years for each felony conviction of failing to register under this act, without regard to the actual time served in custody for the conviction. If a registrant is subsequently convicted of another offense requiring registration pursuant to the Act, a new minimum time period for the completion of the registration requirement for the applicable tier shall commence upon that persons release from incarceration, placement, or commitment, including any related civil commitment. If the subsequent conviction requiring registration pursuant to the Act occurs prior to an order to terminate the registrant from the registry after completion of a tier associated with the first conviction for a registerable offense, the applicable tier shall be the highest tier associated with the convictions.
SEC. 2.Section 290.006 of the Penal Code is amended to read:290.006.(a)Any person ordered by any court to register pursuant to the Act for any offense not included specifically in subdivision (c) of Section 290, shall so register, if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification. The court shall state on the record the reasons for its findings and the reasons for requiring registration.
(b)The person shall register as a tier one offender in accordance with paragraph (1) of subdivision (d) of Section 290, unless the court finds the person should register as a tier two or tier three offender and states on the record the reasons for its finding.
(c)In determining whether to require the person to register as a tier two or tier three offender, the court shall consider all of the following:
(1)The nature of the registerable offense.
(2)The age and number of victims, and whether any victim was personally unknown to the person at the time of the offense. A victim is personally unknown to the person for purposes of this paragraph if the victim was known to the offender for less than 24 hours.
(3)The criminal and relevant noncriminal behavior of the person before and after conviction for the registerable offense.
(4)Whether the person has previously been arrested for, or convicted of, a sexually motivated offense.
(5)The persons current risk of sexual or violent reoffense, including the persons risk level on the SARATSO static risk assessment instrument, and, if available from past supervision for a sexual offense, the persons risk level on the SARATSO dynamic and violence risk assessment instruments.
SEC. 3.Section 290.45 of the Penal Code is amended to read:290.45.(a)(1)Notwithstanding any other law, and except as provided in paragraph (2), any designated law enforcement entity may provide information to the public about a person required to register as a sex offender pursuant to Section 290, by whatever means the entity deems appropriate, when necessary to ensure the public safety based upon information available to the entity concerning that specific person. persons current risk of sexual or violent reoffense, including, but not limited to, the persons static, dynamic, and violence risk levels on the SARATSO risk tools described in subdivision (f) of Section 290.04.
(2)The law enforcement entity shall include, with the disclosure, a statement that the purpose of the release of information is to allow members of the public to protect themselves and their children from sex offenders.
(3)Community notification by way of an Internet Web site shall be governed by Section 290.46, and a designated law enforcement entity may not post on an Internet Web site any information identifying an individual as a person required to register as a sex offender except as provided in that section unless there is a warrant outstanding for that persons arrest.
(b)Information that may be provided pursuant to subdivision (a) may include, but is not limited to, the offenders name, known aliases, gender, race, physical description, photograph, date of birth, address, which shall be verified prior to publication, description and license plate number of the offenders vehicles or vehicles the offender is known to drive, type of victim targeted by the offender, relevant parole or probation conditions, crimes resulting in classification under this section, and date of release from confinement, but excluding information that would identify the victim. It shall not include any Internet identifier submitted pursuant to this chapter.
(c)(1)The designated law enforcement entity may authorize persons and entities who receive the information pursuant to this section to disclose information to additional persons only if the entity determines that disclosure to the additional persons will enhance the public safety and identifies the appropriate scope of further disclosure. A law enforcement entity may not authorize any disclosure of this information by placing that information on an Internet Web site, and shall not authorize disclosure of Internet identifiers submitted pursuant to this chapter, except as provided in subdivision (h).
(2)A person who receives information from a law enforcement entity pursuant to paragraph (1) may disclose that information only in the manner and to the extent authorized by the law enforcement entity.
(d)(1)A designated law enforcement entity and its employees shall be immune from liability for good faith conduct under this section.
(2)A public or private educational institution, a day care facility, or a child care custodian described in Section 11165.7, or an employee of a public or private educational institution or day care facility which in good faith disseminates information as authorized pursuant to subdivision (c) shall be immune from civil liability.
(e)(1)A person who uses information disclosed pursuant to this section to commit a felony shall be punished, in addition and consecutive to any other punishment, by a five-year term of imprisonment pursuant to subdivision (h) of Section 1170.
(2)A person who uses information disclosed pursuant to this section to commit a misdemeanor shall be subject to, in addition to any other penalty or fine imposed, a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000).
(f)For purposes of this section, designated law enforcement entity means the Department of Justice, every a district attorney, the Department of Corrections, the Department of the Youth Authority, and every state or local agency expressly authorized by statute to investigate or prosecute law violators.
(g)The public notification provisions of this section are applicable to every person required to register pursuant to Section 290, without regard to when his or her crimes were committed or his or her duty to register pursuant to Section 290 arose, and to every each offense described in Section 290, regardless of when it was committed.
(h)(1)Notwithstanding any other law, a designated law enforcement entity shall only use an Internet identifier submitted pursuant to this chapter, or release that Internet identifier to another law enforcement entity, for the purpose of investigating a sex-related crime, a kidnapping, or human trafficking.
(2)A designated law enforcement entity shall not disclose or authorize persons or entities to disclose an Internet identifier submitted pursuant to this chapter to the public or other persons, except as required by court order.
SEC. 4.Section 290.46 of the Penal Code is amended to read:290.46.(a)(1)On or before the dates specified in this section, the Department of Justice shall make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in this section. The department shall update the Internet Web site on an ongoing basis. All information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the Internet Web site. The name or address of the persons employer and the listed persons criminal history other than the specific crimes for which the person is required to register shall not be included on the Internet Web site. The Internet Web site shall be translated into languages other than English as determined by the department.
(2)(A)On or before July 1, 2010, the Department of Justice shall make available to the public, via an Internet Web site as specified in this section, as to any person described in subdivision (b), (c), or (d), the following information:
(i)The year of conviction of his or her most recent offense requiring registration pursuant to Section 290.
(ii)The year he or she was released from incarceration for that offense.
(iii)Whether he or she was subsequently incarcerated for any other felony, if that fact is reported to the department. If the department has no information about a subsequent incarceration for any felony, that fact shall be noted on the Internet Web site.However, no year of conviction shall be made available to the public unless the department also is able to make available the corresponding year of release of incarceration for that offense, and the required notation regarding any subsequent felony.
(B)(i)Any state facility that releases from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall, within 30 days of release, provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department.
(ii)Any state facility that releases a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall, within 30 days of release, advise the Department of Justice of that fact.
(iii)Any state facility that, prior to January 1, 2007, released from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(iv)Any state facility that, prior to January 1, 2007, released a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall advise the Department of Justice of that fact in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(3)The State Department of State Hospitals shall provide to the Department of Justice the names of all persons committed to its custody pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, within 30 days of commitment, and shall provide the names of all of those persons released from its custody within five working days of release.
(b)(1)On or before July 1, 2005, 2019, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, paragraph (2), is a tier three offender, as described in paragraph (3) of subdivision (d) of Section 290, the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, prior adjudication as a sexually violent predator, the address at which the person resides, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). On or before January 1, 2013, the The department shall also make available to the public via the Internet Web site his or her static SARATSO score and information on an elevated risk level based on the SARATSO future violence tool. risk level, if any, and information on an elevated risk level based on the SARATSO future violence tool.
(2)This subdivision shall apply to the following offenses and offenders:(A)Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289.(B)Section 207 committed with intent to violate Section 261, 286, 288, 288a, or 289.(C)Section 209 committed with intent to violate Section 261, 286, 288, 288a, or 289.(D)Paragraph (2) or (6) of subdivision (a) of Section 261.(E)Section 264.1.(F)Section 269.(G)Subdivision (c) or (d) of Section 286.(H)Subdivision (a), (b), or (c) of Section 288, provided that the offense is a felony.(I)Subdivision (c) or (d) of Section 288a.(J)Section 288.3, provided that the offense is a felony.(K)Section 288.4, provided that the offense is a felony.(L)Section 288.5.(M)Subdivision (a) or (j) of Section 289.(N)Section 288.7.(O)Any person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code.(P)A felony violation of Section 311.1.(Q)A felony violation of subdivision (b), (c), or (d) of Section 311.2.(R)A felony violation of Section 311.3.(S)A felony violation of subdivision (a), (b), or (c) of Section 311.4.(T)Section 311.10.(U)A felony violation of Section 311.11.(c)(1)On or before July 1, 2005, January 1, 2019, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in paragraph (2), is a tier two offender, as described in paragraph (2) of subdivision (d) of Section 290, the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). On or before July 1, 2006, the Department of Justice shall determine whether any person convicted of an offense listed in paragraph (2) also has one or more prior or subsequent convictions of an offense listed in subdivision (c) of Section 290, and, for those persons, the Department of Justice shall make available to the public via the Internet Web site the address at which the person resides. However, the address at which the person resides shall not be disclosed until a determination is made that the person is, by virtue of his or her additional prior or subsequent conviction of an offense listed in subdivision (c) of Section 290, subject to this subdivision. (a) or the address at which the person resides.
(2)This subdivision shall apply to the following offenses:(A)Section 220, except assault to commit mayhem.(B)Paragraph (1), (3), or (4) of subdivision (a) of Section 261.(C)Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 286.(D)Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 288a.(E)Subdivision (b), (d), (e), or (i) of Section 289.(d)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, this subdivision, the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a) or the address at which the person resides.(2)This subdivision shall apply to the following offenses and offenders:(A)Subdivision (a) of Section 243.4, provided that the offense is a felony.(B)Section 266, provided that the offense is a felony.(C)Section 266c, provided that the offense is a felony.(D)Section 266j.(E)Section 267.(F)Subdivision (c) of Section 288, provided that the offense is a misdemeanor.(G)Section 288.3, provided that the offense is a misdemeanor.(H)Section 288.4, provided that the offense is a misdemeanor.(I)Section 626.81.(J)Section 647.6.(K)Section 653c.(L)Any person required to register pursuant to Section 290 based upon an out-of-state conviction, unless that person is excluded from the Internet Web site pursuant to subdivision (e). However, if the Department of Justice has determined that the out-of-state crime, if committed or attempted in this state, would have been punishable in this state as a crime described in subdivision (c) of Section 290, the person shall be placed on the Internet Web site as provided in subdivision (b) or (c), as applicable to the crime.(e)(1)If a person has been convicted of the commission or the attempted commission of any of the offenses listed in this subdivision, and he or she has been convicted of no other offense listed in subdivision (b), (c), or (d) other than those listed in this subdivision, that person may file an application with the Department of Justice, on a form approved by the department, for exclusion from the Internet Web site. If the department determines that the person meets the requirements of this subdivision, the department shall grant the exclusion and no information concerning the person shall be made available via the Internet Web site described in this section. He or she bears the burden of proving the facts that make him or her eligible for exclusion from the Internet Web site. However, a person who has filed for or been granted an exclusion from the Internet Web site is not relieved of his or her duty to register as a sex offender pursuant to Section 290 nor from any otherwise applicable provision of law.(2)This subdivision shall apply to the following offenses:(A)A felony violation of subdivision (a) of Section 243.4.(B)Section 647.6, if the offense is a misdemeanor.(C)A felony violation of Section 311.1, subdivision (b), (c), or (d) of Section 311.2, or Section 311.3, 311.4, 311.10, or 311.11 if the person submits to the department a certified copy of a probation report filed in court that clearly states that all victims involved in the commission of the offense were at least 16 years of age or older at the time of the commission of the offense.(d)(1)If a tier two offender successfully completes no less than the first 10 years of registration as a tier two offender following his or her release from custody on the registerable offense, pursuant to subdivision (e) of Section 290, and he or she has not, subsequent to conviction on the registerable offense, been convicted of an offense described in the Sex Offender Registration Act, or of an offense described in Section 667.6 or 1192.7, that person may file an application with the Department of Justice, on a form approved by the department, for exclusion from the Internet Web site. If the department determines that the person meets the requirements of this subdivision, the department shall grant the exclusion and no information concerning the person shall be made available via the Internet Web site described in this section. He or she bears the burden of proving the facts that make him or her eligible for exclusion from the Internet Web site. However, a person who has filed for or been granted an exclusion from the Internet Web site is not relieved of his or her duty to register as a sex offender pursuant to Section 290 nor from any otherwise applicable provision of law.
(2)(A)An offender other than those described in paragraph (1) who is required to register pursuant to the Sex Offender Registration Act may apply for exclusion from the Internet Web site if he or she demonstrates that the persons only registerable offense is either of the following:
(D)(i)(i)An offense for which the offender successfully completed probation, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
(ii)An offense for which the offender is on probation at the time of his or her application, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
(iii)(B)If, subsequent to his or her application, the offender commits a violation of probation resulting in his or her incarceration in county jail or state prison, his or her exclusion, or application for exclusion, from the Internet Web site shall be terminated.
(iv)(C)For the purposes of this subparagraph, paragraph, successfully completed probation means that during the period of probation the offender neither received additional county jail or state prison time for a violation of probation nor was convicted of another offense resulting in a sentence to county jail or state prison.
(3)If the department determines that a person who was granted an exclusion under a former version of this subdivision would not qualify for an exclusion under the current version of this subdivision, the department shall rescind the exclusion, make a reasonable effort to provide notification to the person that the exclusion has been rescinded, and, no sooner than 30 days after notification is attempted, make information about the offender available to the public on the Internet Web site as provided in this section.
(4)Effective January 1, 2012, no person shall be excluded pursuant to this subdivision unless the offender has submitted to the department documentation sufficient for the department to determine that he or she has a SARATSO risk level of low or moderate-low. below average risk or very low risk as determined by the Coding Rules for the SARATSO static risk assessment instrument.
(f)The Department of Justice shall make a reasonable effort to provide notification to persons who have been convicted of the commission or attempted commission of an offense specified in subdivision (b), (c), or (d), that on or before July 1, 2005, the department is required to make information about specified sex offenders available to the public via an Internet Web site as specified in this section. The Department of Justice shall also make a reasonable effort to provide notice that some offenders are eligible to apply for exclusion from the Internet Web site.(g)(e)(1)A designated law enforcement entity, as defined in subdivision (f) of Section 290.45, may make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in paragraph (2). (2), provided that the information about that person is also displayed on the Department of Justices Megans Law Internet Web site.
(2)The law enforcement entity may make available by way of an Internet Web site the information described in subdivision (c) if it determines that the public disclosure of the information about a specific offender by way of the entitys Internet Web site is necessary to ensure the public safety based upon information available to the entity concerning that specific offender. the current risk posed by a specific offender, including his or her risk of sexual or violent reoffense, as indicated by the persons SARATSO static, dynamic, and violence risk levels, as described in Section 290.04, if available.
(3)The information that may be provided pursuant to this subdivision may include the information specified in subdivision (b) of Section 290.45. However, that offenders address may not be disclosed unless he or she is a person whose address is on the Department of Justices Internet Web site pursuant to subdivision (b) or (c). (b).
(h)(f)For purposes of this section, offense includes the statutory predecessors of that offense, or any offense committed in another jurisdiction that, if committed or attempted to be committed in this state, would have been punishable in this state as an offense listed in subdivision (c) of Section 290.
(i)(g)Notwithstanding Section 6254.5 of the Government Code, disclosure of information pursuant to this section is not a waiver of exemptions under Chapter 3.5 (commencing with Section 6250) of Title 1 of Division 7 of the Government Code and does not affect other statutory restrictions on disclosure in other situations.
(j)(h)(1)Any person who uses information disclosed pursuant to this section to commit a misdemeanor shall be subject to, in addition to any other penalty or fine imposed, a fine of not less than ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000).
(2)Any person who uses information disclosed pursuant to this section to commit a felony shall be punished, in addition and consecutive to any other punishment, by a five-year term of imprisonment pursuant to subdivision (h) of Section 1170.
(k)(i)Any person who is required to register pursuant to Section 290 who enters an Internet Web site established pursuant to this section shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed six months, or by both that fine and imprisonment.
(l)(j)(1)A person is authorized to use information disclosed pursuant to this section only to protect a person at risk.
(2)Except as authorized under paragraph (1) or any other provision of law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited:
(A)Health insurance.
(B)Insurance.
(C)Loans.
(D)Credit.
(E)Employment.
(F)Education, scholarships, or fellowships.
(G)Housing or accommodations.
(H)Benefits, privileges, or services provided by any business establishment.
(3)This section shall not affect authorized access to, or use of, information pursuant to, among other provisions, Sections 11105 and 11105.3, Section 8808 of the Family Code, Sections 777.5 and 14409.2 of the Financial Code, Sections 1522.01 and 1596.871 of the Health and Safety Code, and Section 432.7 of the Labor Code.
(4)(A)Any use of information disclosed pursuant to this section for purposes other than those provided by paragraph (1) or in violation of paragraph (2) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorneys fees, exemplary damages, or a civil penalty not exceeding twenty-five thousand dollars ($25,000).
(B)Whenever there is reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of misuse of the information available via an Internet Web site established pursuant to this section in violation of paragraph (2), the Attorney General, any district attorney, or city attorney, or any person aggrieved by the misuse is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or group of persons responsible for the pattern or practice of misuse. The foregoing remedies shall be independent of any other remedies or procedures that may be available to an aggrieved party under other provisions of law, including Part 2 (commencing with Section 43) of Division 1 of the Civil Code.
(m)(k)The public notification provisions of this section are applicable to every person described in this section, without regard to when his or her crimes were committed or his or her duty to register pursuant to Section 290 arose, and to every offense described in this section, regardless of when it was committed.
(n)(l)A designated law enforcement entity and its employees shall be immune from liability for good faith conduct under this section.
(o)(m)The Attorney General, in collaboration with local law enforcement and others knowledgeable about sex offenders, shall develop strategies to assist members of the public in understanding and using publicly available information about registered sex offenders to further public safety. These strategies may include, but are not limited to, a hotline for community inquiries, neighborhood and business guidelines for how to respond to information posted on this Internet Web site, and any other resource that promotes public education about these offenders.
SEC. 5.Section 290.5 of the Penal Code is repealed.290.5.(a)(1)A person required to register under Section 290 for an offense not listed in paragraph (2), upon obtaining a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, shall be relieved of any further duty to register under Section 290 if he or she is not in custody, on parole, or on probation.(2)A person required to register under Section 290, upon obtaining a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, shall not be relieved of the duty to register under Section 290, or of the duty to register under Section 290 for any offense subject to that section of which he or she is convicted in the future, if his or her conviction is for one of the following offenses:(A)Section 207 or 209 committed with the intent to violate Section 261, 286, 288, 288a, or 289.(B)Section 220, except assault to commit mayhem.(C)Section 243.4, provided that the offense is a felony.(D)Paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261.(E)Section 264.1.(F)Section 266, provided that the offense is a felony.(G)Section 266c, provided that the offense is a felony.(H)Section 266j.(I)Section 267.(J)Section 269.(K)Paragraph (1) of subdivision (b) of Section 286, provided that the offense is a felony.(L)Paragraph (2) of subdivision (b) of, or subdivision (c), (d), (f), (g), (i), (j), or (k) of, Section 286.(M)Section 288.(N)Paragraph (1) of subdivision (b) of Section 288a, provided that the offense is a felony.(O)Paragraph (2) of subdivision (b) of, or subdivision (c), (d), (f), (g), (i), (j), or (k) of, Section 288a.(P)Section 288.5.(Q)Section 288.7.(R)Subdivision (a), (b), (d), (e), (f), (g), or (h) of Section 289, provided that the offense is a felony.(S)Subdivision (i) or (j) of Section 289.(T)Section 647.6.(U)The attempted commission of any of the offenses specified in this paragraph.(V)The statutory predecessor of any of the offenses specified in this paragraph.(W)Any offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses specified in this paragraph.(b)(1)Except as provided in paragraphs (2) and (3), a person described in paragraph (2) of subdivision (a) shall not be relieved of the duty to register until that person has obtained a full pardon as provided in Chapter 1 (commencing with Section 4800) or Chapter 3 (commencing with Section 4850) of Title 6 of Part 3.(2)This subdivision does not apply to misdemeanor violations of Section 647.6.(3)The court, upon granting a petition for a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, if the petition was granted prior to January 1, 1998, may relieve a person of the duty to register under Section 290 for a violation of Section 288 or 288.5, provided that the person was granted probation pursuant to subdivision (d) of Section 1203.066, has complied with the provisions of Section 290 for a continuous period of at least 10 years immediately preceding the filing of the petition, and has not been convicted of a felony during that period.SEC. 6.Section 290.5 is added to the Penal Code, to read:290.5.(a)(1)A person who is required to register pursuant to Section 290 and who is a tier one or tier two offender may file a petition in the superior court in the county in which he or she is registered for termination from the sex offender registry at the expiration of his or her mandated minimum registration period. The petition shall contain proof of the persons current registration as a sex offender.
(2)The petition shall be served on the registering law enforcement agency and the district attorney in the county where the petition is filed. The registering law enforcement agency shall report to the district attorney regarding whether the person has met the requirements for termination pursuant to subdivision (e) of Section 290. The district attorney may request a hearing on the petition if the petitioner has not fulfilled the requirement described in subdivision (e) of Section 290, or if community safety would be significantly enhanced by the persons continued registration. If no hearing is requested, the petition for termination shall be granted if the court finds the required proof of current registration is presented in the petition, provided that the registering agency reported that the person met the requirement for termination pursuant to subdivision (e) of Section 290, there are no pending charges against the person which could extend the time to complete the registration requirements of the tier or change the persons tier status, and the person is not in custody or on parole, probation, or supervised release.
(3)If the district attorney requests a hearing, he or she shall be entitled to present evidence regarding whether community safety would be significantly enhanced by requiring continued registration. In determining whether to order continued registration, the court shall consider: the nature of the registerable offense; the age and number of victims; whether any victim was a stranger at the time of the offense (known to the offender for less than 24 hours); criminal and relevant noncriminal behavior before and after conviction for the registerable offense; the time period during which the person has not reoffended; successful completion, if any, of a Sex Offender Management Board-certified sex offender treatment program; and the persons current risk of sexual or violent reoffense, including the persons risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if available.
(4)If termination from the registry is denied, the court shall set the time period after which the person can repetition for termination, which shall be at least one year from the date of the denial, but not to exceed five years, based on facts presented at the hearing. The court shall state on the record the reason for its determination setting the time period after which the person may repetition.
(5)The court shall notify the Department of Justice, California Sex Offender Registry, when a petition for termination from the registry is granted or denied. If the petition is denied, the court shall also notify the Department of Justice, California Sex Offender Registry, of the time period after which the person can file a new petition for termination.
(b)(1)A person required to register as a tier two offender, pursuant to paragraph (2) of subdivision (d) of Section 290, may petition the superior court for termination from the registry after 10 years from release from custody on the registerable offense if all of the following apply: (A) the registerable offense involved no more than one victim 13 to 17 years of age, inclusive; (B) the offender was under 21 years of age at the time of the offense; (C) the registerable offense is not specified in subdivision (c) of Section 667.5, except subdivision (a) of Section 288; and (D) the registerable offense is not specified in Section 236.1.
(2)A tier two offender described in paragraph (1) of subdivision (b) may file a petition with the superior court for termination from the registry only if he or she has not been convicted of a new offense requiring sex offender registration or an offense described in subdivision (c) of Section 667.5 since the person was released from custody on the offense requiring registration pursuant to Section 290, and has registered for 10 years pursuant to subdivision (e) of Section 290. The court shall determine whether continued registration is necessary, based on the following factors: whether the victim was a stranger (known less than 24 hours) at the time of the offense; the nature of the registerable offense, including whether the offender took advantage of a position of trust; criminal and relevant noncriminal behavior before and after the conviction for the registerable offense; whether the offender has successfully completed a Sex Offender Management Board-certified sex offender treatment program; whether the offender initiated a relationship for the purpose of facilitating the offense; and the persons current risk of sexual or violent reoffense, including the persons risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if known. If the petition is denied, the person may not repetition for termination for at least one year.
(c)A tier three offender who obtains early release on a conviction for which registration pursuant to the Sex Offender Registration Act is required and for which he or she was sentenced to a life term may file a petition with the superior court for placement in tier two if the person has registered for 10 years pursuant to subdivision (e) of Section 290 and the person has not been convicted of a new offense requiring sex offender registration or an offense described in subdivision (c) of Section 667. The court shall determine whether placement in tier two is appropriate, based on the following factors: whether the victim was a stranger (known less than 24 hours) at the time of the offense; the nature of the registerable offense, including whether the offender took advantage of a position of trust; criminal and relevant noncriminal behavior before and after the conviction for the registerable offense; whether the offender has successfully completed a Sex Offender Management Board-certified sex offender treatment program; whether the offender initiated a relationship for the purpose of facilitating the offense; and the persons current risk of sexual or violent reoffense, including the persons risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if known. The tier two registration period shall commence on the date the court grants the petition. If the petition is denied, the person may not repetition for placement in tier two for at least one year.
(d)A person who was convicted or adjudicated prior to 1987 of an offense requiring registration pursuant to the Sex Offender Registration Act, who (1) is not a tier three offender, (2) has not subsequently been convicted of an offense requiring registration as a sex offender which is described in Sections 290 to 290.006, inclusive, and (3) has registered in the community for 10 years, which time shall not include periods of incarceration reflected on the persons criminal history record maintained by the Department of Justice, shall not be required to file a petition for termination from the registry pursuant to subdivision (a). Within 12 months of receipt of the persons annual update of registration in 2018, the Department of Justice shall determine if the person is eligible for termination pursuant to subdivision (e) of Section 290, based on information in the persons criminal history record maintained at the department. The Department of Justice shall notify the eligible offender at his or her last registered address and shall notify the registering law enforcement agency.
SEC. 7.Section 4852.01 of the Penal Code is amended to read:4852.01.(a)A person convicted of a felony who is committed to a state prison or other institution or agency, including commitment to a county jail pursuant to subdivision (h) of Section 1170, may file a petition for a certificate of rehabilitation and pardon pursuant to the provisions of this chapter.
(b)A person convicted of a felony or a person who is convicted of a misdemeanor violation of any sex offense specified in Section 290, the accusatory pleading of which has been dismissed pursuant to Section 1203.4, may file a petition for certificate of rehabilitation and pardon pursuant to the provisions of this chapter if the petitioner has not been incarcerated in a prison, jail, detention facility, or other penal institution or agency since the dismissal of the accusatory pleading, is not on probation for the commission of any other felony, and the petitioner presents satisfactory evidence of five years residence in this state prior to the filing of the petition.
(c)This chapter does not apply to persons serving a mandatory life parole, persons committed under death sentences, persons convicted of a violation of Section 269, subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, Section 288.7, or subdivision (j) of Section 289, sentences, or persons in military service.
(d)Notwithstanding any other law, the Governor has the right to pardon a person convicted of a violation of Section 269, subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, Section 288.7, or subdivision (j) of Section 289, if there are extraordinary circumstances.SEC. 8.Section 4852.03 of the Penal Code is amended to read:4852.03.(a)The period of rehabilitation commences upon the discharge of the petitioner from custody due to his or her completion of the term to which he or she was sentenced or upon his or her release on parole, postrelease community supervision, mandatory supervision, or probation, whichever is sooner. For purposes of this chapter, the period of rehabilitation shall constitute five years residence in this state, plus a period of time determined by the following rules:
(1)An additional four years in the case of a person convicted of violating Section 187, 209, 219, 4500, or 18755 of this code, or subdivision (a) of Section 1672 of the Military and Veterans Code, or of committing any other offense which carries a life sentence.
(2)An additional five years in the case of a person convicted of committing an offense or attempted offense for which sex offender registration is required pursuant to Section 290, except that in the case of a person convicted of a violation of subdivision (b), (c), or (d) of Section 311.2, or of Section 311.3, 311.10, or 314, an additional two years. Sections 290 to 290.024, inclusive.
(3)An additional two years in the case of a person convicted of committing an offense that is not listed in paragraph (1) or paragraph (2) and that does not carry a life sentence.
(4)The trial court hearing the application for the certificate of rehabilitation may, if the defendant was ordered to serve consecutive sentences, order that the statutory period of rehabilitation be extended for an additional period of time which when combined with the time already served will not exceed the period prescribed by statute for the sum of the maximum penalties for all the crimes.
(b)Unless and until the period of rehabilitation required by subdivision (a) has passed, the petitioner shall be ineligible to file his or her petition for a certificate of rehabilitation with the court. A certificate of rehabilitation that is issued and under which the petitioner has not fulfilled the requirements of this chapter shall be void.
(c)A change of residence within this state does not interrupt the period of rehabilitation prescribed by this section.
SEC. 9.Section 13125 of the Penal Code is amended to read:13125.All basic information stored in state or local criminal offender record information systems shall be recorded, when applicable and available, in the form of the following standard data elements:
The following personal identification data: |
Name(full name) |
Aliases |
Monikers |
Race |
Sex |
Date of birth |
Place of birth (state or country) |
Height |
Weight |
Hair color |
Eye color |
CII number |
FBI number |
Social security number |
California operators license number |
Fingerprint classification number |
Henry |
NCIC |
Address |
The following arrest data: |
Arresting agency |
Booking number |
Date of arrest |
Offenses charged |
Statute citations |
Literal descriptions |
Police disposition |
Released |
Cited and released |
Turned over to |
Complaint filed |
The following misdemeanor or infraction data or preliminary |
County and court name |
Date complaint filed |
Original offenses charged in a complaint |
Held to answer |
Certified plea |
Disposition |
Not convicted |
Dismissed |
Acquitted |
Court trial |
Jury trial |
Convicted |
Plea |
Court trial |
Jury trial |
Date of disposition |
Convicted offenses |
Sentence |
Sentence enhancement data elements |
Proceedings suspended |
Reason suspended |
The following superior court data: |
County |
Date complaint filed |
Type of proceeding |
Indictment |
Information |
Certification |
Original offenses charged in indictment or |
Disposition |
Not convicted |
Dismissed |
Acquitted |
Court trial |
Jury trial |
On transcript |
Convictedfelony, misdemeanor |
Plea |
Court trial |
Jury trial |
On transcript |
Date of disposition |
Convicted offenses |
Sentence |
Sentence enhancement data elements |
Proceedings suspended |
Reason suspended |
Source of reopened cases |
The following corrections data: |
Adult probation |
County |
Type of court |
Court number |
Offense |
Date on probation |
Date removed |
Reason for removal |
Jail (unsentenced prisoners only) |
Offenses charged |
Name of jail or institution |
Date received |
Date released |
Reason for release |
Bail on own recognizance |
Bail |
Other |
Committing agency |
County jail (sentenced prisoners only) |
Name of jail, camp, or other |
Convicted offense |
Sentence |
Sentence enhancement data elements |
Date received |
Date released |
Reason for release |
Committing agency |
Youth Authority |
County |
Type of court |
Court number |
Youth Authority number |
Date received |
Convicted offense |
Type of receipt |
Original commitment |
Parole violator |
Date released |
Type of release |
Custody |
Supervision |
Date terminated |
Department of Corrections |
County |
Type of court |
Court number |
Department of Corrections number |
Date received |
Convicted offense |
Type of receipt |
Original commitment |
Parole violator |
Date released |
Type of release |
Custody |
Supervision |
Date terminated |
Mentally disordered sex offenders |
County |
Hospital number |
Date received |
Date discharged |
Recommendation |
|
Date
|
Status
|
|---|---|
| Sep 27, 2018 | Chaptered by Secretary of State. Chapter 838, Statutes of 2018. |
| Sep 27, 2018 | Approved by the Governor. |
| Sep 11, 2018 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 31, 2018 | Assembly amendments concurred in. (Ayes 29. Noes 9.) Ordered to engrossing and enrolling. |
| Aug 30, 2018 | From committee: That the Assembly amendments be concurred in. (Ayes 9. Noes 0.) |
| Aug 30, 2018 | From committee: Be re-referred to Com. on HEALTH pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0.) Re-referred to Com. on HEALTH. |
| Aug 30, 2018 | Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(d). |
| Aug 29, 2018 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 29, 2018 | Read third time. Passed. Ordered to the Senate. |
| Aug 23, 2018 | Read third time and amended. |
| Aug 21, 2018 | Read second time. Ordered to third reading. |
| Aug 20, 2018 | Read second time and amended. Ordered to second reading. |
| Aug 16, 2018 | From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 16). |
| Jun 27, 2018 | June 27 set for first hearing. Placed on APPR. suspense file. |
| Jun 19, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 1.) (June 19). Re-referred to Com. on APPR. |
| May 31, 2018 | From committee: Be re-referred to Com. on B. & P. (Ayes 7. Noes 0.) (May 31). Re-referred to Com. on B. & P. |
| May 29, 2018 | Re-referred to Com. on RLS. |
| May 25, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED. |
| May 16, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED. |
| Apr 23, 2018 | Referred to Com. on ED. |
| Jan 30, 2018 | In Assembly. Read first time. Held at Desk. |
| Jan 29, 2018 | Read third time. Passed. (Ayes 30. Noes 7.) Ordered to the Assembly. |
| Jan 17, 2018 | Read second time. Ordered to third reading. |
| Jan 16, 2018 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jan 11, 2018 | Set for hearing January 16. |
| Jan 10, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (January 10). Re-referred to Com. on APPR. |
| Dec 21, 2017 | Set for hearing January 10. |
| Jun 14, 2017 | Re-referred to Com. on ED. |
| Jun 7, 2017 | Withdrawn from committee. |
| Jun 6, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Mar 29, 2017 | April 18 set for first hearing canceled at the request of author. |
| Mar 14, 2017 | Set for hearing April 18. |
| Mar 9, 2017 | Referred to Com. on PUB. S. |
| Feb 21, 2017 | From printer. May be acted upon on or after March 23. |
| Feb 17, 2017 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2018 | Unfinished Business SB695 Lara et al. Concurrence | Senate Floor |
Passed |
|
| Aug 30, 2018 | That the Assembly amendments be concurred in | Senate Standing Committee on Health |
Passed |
|
| Aug 29, 2018 | SB 695 Lara Senate Third Reading By CARRILLO | Assembly Floor |
Passed |
|
| Aug 16, 2018 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 19, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Business and Professions |
Passed |
|
| May 31, 2018 | Be re-referred to the Committee on [Business and Professions] | Assembly Standing Committee on Rules |
Passed |
|
| Jan 29, 2018 | Senate 3rd Reading SB695 Lara et al. | Senate Floor |
Passed |
|
| Jan 10, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Association For Bilingual Education | ** Support | Aug 30, 2018 |
| California Catholic Conference | ** Support | Jan 17, 2018 |
| California Immigrant Policy Center | ** Support | Aug 30, 2018 |
| Californians Together | ** Support | Aug 30, 2018 |
| Californians Together Coalition | ** Support | Jan 17, 2018 |
| Public Advocates | ** Support | Aug 30, 2018 |
| The Coalition for Humane Immigrant Rights | * Support | Jun 19, 2018 |
| The Education Trust - West | ** Support | Aug 30, 2018 |
| The Education Trust-West | ** Support | Aug 30, 2018 |
SENATE COMMITTEE ON HEALTH
Senator Dr. Richard Pan, Chair
BILL NO: SB 695
AUTHOR: | Lara | ||
VERSION: | August 23, 2018 | ||
HEARING DATE: | August 30, 2018 | ||
CONSULTANT: | Vincent D. Marchand | ||
PURSUANT TO SENATE RULE 29.10
SUBJECT: Professions and vocations: applications and renewals: individual tax identification number
SUMMARY:
Requires the Department of Public Health, and emergency medical technician certifying entities, to permit the use of individual taxpayer identification numbers in lieu of social security numbers for purposes of applying for and renewing a certificate or license. Prohibits these entities from denying a license or certificate solely on the basis of citizenship or immigration status.
Existing law:
- States legislative findings and declarations that it is in the best interests of the State of California to provide persons who are not lawfully present in the United States with the state benefits providing by all licensing acts of entities within the Department of Consumer Affairs (DCA). Prohibits any entity within DCA from denying licensure to an applicant based on his or her citizenship status or immigration status. [BPC §135.5]
- Requires a board within DCA, the State Bar of California, and the Department of Real Estate, in accordance with existing law as described in 1) above, to require either the individual taxpayer identification number (ITIN) or the social security number (SSN) if the applicant is an individual. [BPC §30]
- Establishes the Department of Public Health (DPH), which is charged with certifying or licensing various types of health professionals, including certified hemodialysis technicians [BPC §1247, et. seq.], certified nurse assistants [HSC §1337.2], certified home health aides [HSC §1736.1, et seq.], and radiologic technologists [HSC §114870].
- Establishes the Emergency Medical Services (EMS) Act, which provides for the certification of Emergency Medical Technician (EMT)-Is and EMT-IIs by local emergency medical services agencies, and the licensing of EMT-Ps by the Emergency Medical Services Agency. [HSC 1797.160, et seq.]
- Establishes the Commission on Teacher Credentialing (CTC), which is charged with establishing professional standards, assessments, and examinations for entry and advancement in the education profession. [EDC §44210, et seq.]
Existing federal law: In general, prohibits non-citizens who are not “qualified aliens,” as defined, from being eligible for any state or local public benefit, with specified exceptions. However, states are permitted to provide these persons with eligibility for state or local benefits through enactment of a state law. [8 USC §1621]
This bill:
- Prohibits a licensing board from requiring an individual to disclose either citizenship status or immigration status for purposes of licensure, and prohibits a licensing board from denying licensure to an otherwise qualified and eligible individual based solely on his or her citizenship status or immigration status.
- Requires the CTC, by July 1, 2019, to authorize the use of an ITIN in lieu of a SSN for purposes of applying for, or renewing, a credential, when an applicant cannot provide his or her SSN.
- Prohibits the CTC from requiring an applicant to disclose citizenship or immigration status for purposes of the application or renewal of a credential, and prohibits the CTC from denying a credential to an applicant based solely on his or her citizenship or immigration status if otherwise qualified and eligible for the credential.
- Revises the information that child support obligors and obliges are required to file with the court by permitting an ITIN or other uniform identification number in lieu of an SSN, and by permitting an identification card number issued by the Department of Motor Vehicles in lieu of a driver’s license number. Makes similar changes to other provisions of law relating to child support collection.
- Revises DPH’s use of identification numbers and the use of citizenship or immigration status, for purposes of certification, for certified hemodialysis technicians, certified nurse assistants, certified home health aides, and radiologic technologists, as follows:
- Requires DPH to require applicants, no later than July 1, 2019, to provide either the ITIN or SSN for purposes of applying for, or the renewal of, the certificate or license;
- Permits DPH to release an ITIN or SSN to an examination or certifying entity only for the purpose of verification of certification or examination status, if DPH utilizes a national examination and if a reciprocity agreement exists between California and the state requesting release of the identification number;
- Requires the ITIN or SSN to serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with specified provisions of state and federal law, such as child support enforcement, reporting providers who are excluded from participation in health programs, and criminal background checks; and,
- Prohibits DPH from requiring an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate, or from denying certification to an otherwise qualified and eligible applicant based solely on his or her citizenship or immigration status.
- Revises how local EMS agencies, EMSA, or other certifying entities (EMS certifying entities) use identification numbers, and the use of citizenship or immigration status, when reviewing applicants for certification as an EMT-I or EMT-II, or licensure as an EMT-P, as follows:
- Requires EMS certifying entities, no later than July 1, 2019, to provide either the ITIN or SSN for purposes of applying for, or the renewal of, the certificate or license.
- Permits EMS certifying entities to release an ITIN or SSN to an examination or certifying entity only for the purpose of verification of certification or examination status, if they utilize a national examination to issue a certificate, and if a reciprocity agreement exists between California and the state requesting release of the ITIN or SSN.
- Requires the ITIN or SSN to serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with specified provisions of state and federal law, such as child support enforcement, reporting providers who are excluded from participation in health programs, and criminal background checks.
- Prohibits EMS certifying entities from requiring an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate, or from denying certification to an otherwise qualified and eligible applicant based solely on his or her citizenship or immigration status.
- Makes various legislative findings and declarations, including that it is in the best interest of the State of California to provide persons who are not lawfully present in the United States with the state benefits provided by licensing entities, including DPH, EMSA, and the CTC.
FISCAL EFFECT:
According to the Assembly Appropriations Committee
- EMSA does not currently accommodate this option, and thus would require one position at a cost of $ 143,000 (General Fund (GF)) in 2018-19, and $136,000 (GF) in 2019-20, to facilitate a working group to draft regulations and complete the rulemaking process. EMSA further anticipates hiring a consultant at $100,000 (GF) for outreach and training of licensure staff and certifying entities to update systems with the ITIN option, as well as to provide guidance on using the system.
- Negligible state cost to the CTC. The CTC currently credentials international teachers on visas, and, thus, already allows the ITIN as an alternative to the SSN.
- Negligible state cost to the CDPH.
COMMENTS:
- Author’s statement. According to the author, over the past 15 years, California has been a leader on immigrant integration that today includes laws that authorize health care for all children, driver’s licenses, college grants, loans, and in-state tuition for eligible residents regardless of their status. Within the last couple of years, the Legislature has begun to recognize the need to address arbitrary restrictions on professional licenses, including alternatives to the use of the SSN. Through this, gaps remain in access to professional licenses, permits and certificates, especially within the healthcare field. This bill seeks to identify professional licenses, certificates and permits that only allow an SSN upon application in order to remove this arbitrary requirement and allow immigrants and others with an ITIN to apply and become certified in the state, if they are so qualified. This bill also seeks to codify a regulation in place by the CTC that allows for the use on ITIN upon application in order to continue allowing qualified candidates the opportunity to be licensed to work in the state.
- Individual tax identification numbers. An ITIN is a tax processing identification number issued by the Internal Revenue Service that is only available for taxpayers who are ineligible to receive a social security number. According to the National Immigration Law Center, ITINs are used by undocumented immigrants and people who are lawfully present in the United States—such as certain survivors of domestic violence, Cuban and Haitian entrants, student visa-holders, and certain spouses and children of individuals with employment visas. To obtain an ITIN, an individual must complete documentation substantiating their immigration status and identity. The documentation may be mailed, presented in person, or processed through an authorized agent. ITINs that have not been used on a federal tax return at least once in the three most recent years expire. ITINs may also expire according to a schedule determined by the date the number was issued.
- Prior legislation. SB 788 (Lara, Chapter 487, Statutes of 2017) required the Insurance Commissioner to require either an SSN or an ITIN if the license applicant or licensee is an individual applying for or renewing a production agency license.
SB 1159 (Lara, Chapter 752, Statutes of 2014) established the prohibition against licensing boards under DCA denying licensure to an applicant based on his or her citizenship or immigration status, and the requirement that an applicant for licensure provide the applicant’s ITIN or SSN for an initial or renewal license.
- Support. The California Immigrant Policy Center (CIPC) states in support that California is currently experiencing a teacher shortage and that while the CTC already allows for the use of an ITIN as part of their regulations, codifying this into state law will allow a pathway for qualified teachers to get credentialed and will increase the number of culturally competent teaching staff. CIPC states that DPH and EMSA use the SSN to determine identification and to review applicants for nurse assistants, home health aides, hemodialysis technicians, and EMTs through a national database of healthcare practitioners, but that both the ITIN and the SSN can be used for that purpose. CIPC states that these professions provide invaluable services in the healthcare field, but these positions are currently inaccessible to Californians who do not have an SSN. According to CIPC, removing barriers to these licenses will build economic opportunity and a qualified workforce. California Association for Bilingual Education, Californians Together, The Education Trust – West, and Public Advocates all make similar arguments in support.
SUPPORT AND OPPOSITION:
Support: California Association for Bilingual Education
California Immigrant Policy Center
Californians Together
The Education Trust – West
Public Advocates
Oppose: None received
-- END --
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 695
:
PRIOR SENATE VOTES NOT RELEVANT
SENATE HEALTH COMMITTEE: 9-0, 8/30/18 (Pursuant to Senate Rule 29.10)
AYES: Pan, Nguyen, Beall, Hernandez, Leyva, Mitchell, Monning, Nielsen, Roth
ASSEMBLY FLOOR: 59-16, 8/29/18 - See last page for vote
DIGEST:
This bill requires the Department of Public Health (DPH), and emergency medical technician certifying entities, to permit the use of individual taxpayer identification numbers in lieu of social security numbers for purposes of applying for and renewing a certificate or license. This bill prohibits these entities from denying a license or certificate solely on the basis of citizenship or immigration status.
Assembly Amendments
- (1) expand the bill to also require DPH and the Emergency Medical Services Authority (EMSA) to use an individual tax identification number (ITIN), in addition to social security numbers (SSNs), when individuals are applying for or renewing a certificate or license; (2) prohibited licensing boards, DPH, EMSA, and the CTC, from requiring applicants for certification or licensure to disclose citizenship or immigration status, or from denying certification or licensure to applicants based solely on citizenship or immigration status; and (3) make other technical and clarifying changes to ensure ITINs can be used in lieu of SSNs for purposes of identification, including with regard to various provisions of law governing child support enforcement.
Existing federal law, in general, prohibits non-citizens who are not “qualified aliens,” as defined, from being eligible for any state or local public benefit, with specified exceptions. However, states are permitted to provide these persons with eligibility for state or local benefits through enactment of a state law. [8 USC §1621]
Existing state law:
- States legislative findings and declarations that it is in the best interests of the State of California to provide persons who are not lawfully present in the United States with the state benefits providing by all licensing acts of entities within the Department of Consumer Affairs (DCA). Prohibits any entity within DCA from denying licensure to an applicant based on his or her citizenship status or immigration status. [BPC §135.5]
- Requires a board within DCA, the State Bar of California, and the Department of Real Estate, in accordance with existing law as described in 1) above, to require either the individual taxpayer identification number (ITIN) or the social security number (SSN) if the applicant is an individual. [BPC §30]
- Establishes DPH, which is charged with certifying or licensing various types of health professionals, including certified hemodialysis technicians [BPC §1247, et. seq.], certified nurse assistants [HSC §1337.2], certified home health aides [HSC §1736.1, et seq.], and radiologic technologists [HSC §114870].
- Establishes the Emergency Medical Services (EMS) Act, which provides for the certification of Emergency Medical Technician (EMT)-Is and EMT-IIs by local emergency medical services agencies, and the licensing of EMT-Ps by the Emergency Medical Services Agency. [HSC 1797.160, et seq.]
- Establishes the Commission on Teacher Credentialing (CTC), which is charged with establishing professional standards, assessments, and examinations for entry and advancement in the education profession. [EDC §44210, et seq.]
This bill:
- Prohibits a licensing board from requiring an individual to disclose either citizenship status or immigration status for purposes of licensure, and prohibits a licensing board from denying licensure to an otherwise qualified and eligible individual based solely on his or her citizenship status or immigration status.
- Requires the CTC, by July 1, 2019, to authorize the use of an ITIN in lieu of a SSN for purposes of applying for, or renewing, a credential, when an applicant cannot provide his or her SSN.
- Prohibits the CTC from requiring an applicant to disclose citizenship or immigration status for purposes of the application or renewal of a credential, and prohibits the CTC from denying a credential to an applicant based solely on his or her citizenship or immigration status if otherwise qualified and eligible for the credential.
- Revises the information that child support obligors and obliges are required to file with the court by permitting an ITIN or other uniform identification number in lieu of an SSN, and by permitting an identification card number issued by the Department of Motor Vehicles in lieu of a driver’s license number. Makes similar changes to other provisions of law relating to child support collection.
- Revises DPH’s use of identification numbers and the use of citizenship or immigration status, for purposes of certification, for certified hemodialysis technicians, certified nurse assistants, certified home health aides, and radiologic technologists, as follows:
- Requires DPH to require applicants, no later than July 1, 2019, to provide either the ITIN or SSN for purposes of applying for, or the renewal of, the certificate or license;
- Permits DPH to release an ITIN or SSN to an examination or certifying entity only for the purpose of verification of certification or examination status, if DPH utilizes a national examination and if a reciprocity agreement exists between California and the state requesting release of the identification number;
- Requires the ITIN or SSN to serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with specified provisions of state and federal law, such as child support enforcement, reporting providers who are excluded from participation in health programs, and criminal background checks; and,
- Prohibits DPH from requiring an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate, or from denying certification to an otherwise qualified and eligible applicant based solely on his or her citizenship or immigration status.
- Revises how local EMS agencies, EMSA, or other certifying entities (EMS certifying entities) use identification numbers, and the use of citizenship or immigration status, when reviewing applicants for certification as an EMT-I or EMT-II, or licensure as an EMT-P, as follows:
- Requires EMS certifying entities, no later than July 1, 2019, to provide either the ITIN or SSN for purposes of applying for, or the renewal of, the certificate or license.
- Permits EMS certifying entities to release an ITIN or SSN to an examination or certifying entity only for the purpose of verification of certification or examination status, if they utilize a national examination to issue a certificate, and if a reciprocity agreement exists between California and the state requesting release of the ITIN or SSN.
- Requires the ITIN or SSN to serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with specified provisions of state and federal law, such as child support enforcement, reporting providers who are excluded from participation in health programs, and criminal background checks.
- Prohibits EMS certifying entities from requiring an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate, or from denying certification to an otherwise qualified and eligible applicant based solely on his or her citizenship or immigration status.
- Makes various legislative findings and declarations, including that it is in the best interest of the State of California to provide persons who are not lawfully present in the United States with the state benefits provided by licensing entities, including DPH, EMSA, and the CTC.
Comments
- Need for the bill. According to the author, “Over the past 15 years, California has been a leader on immigrant integration that today includes laws that authorize health care for all children, driver’s licenses, college grants, loans, and in-state tuition for eligible residents regardless of their status. Within the last couple of years, the Legislature has begun to recognize the need to address arbitrary restrictions on professional licenses, including alternatives to the use of the SSN. Through this, gaps remain in access to professional licenses, permits and certificates, especially within the healthcare field. This bill seeks to identify professional licenses, certificates and permits that only allow an SSN upon application in order to remove this arbitrary requirement and allow immigrants and others with an ITIN to apply and become certified in the state, if they are so qualified. This bill also seeks to codify a regulation in place by the CTC that allows for the use on ITIN upon application in order to continue allowing qualified candidates the opportunity to be licensed to work in the state.”
- Individual tax identification numbers. An ITIN is a tax processing identification number issued by the Internal Revenue Service that is only available for taxpayers who are ineligible to receive a social security number. According to the National Immigration Law Center, ITINs are used by undocumented immigrants and people who are lawfully present in the United States—such as certain survivors of domestic violence, Cuban and Haitian entrants, student visa-holders, and certain spouses and children of individuals with employment visas. To obtain an ITIN, an individual must complete documentation substantiating their immigration status and identity. The documentation may be mailed, presented in person, or processed through an authorized agent. ITINs that have not been used on a federal tax return at least once in the three most recent years expire. ITINs may also expire according to a schedule determined by the date the number was issued.
Related/Prior legislation
SB 788 (Lara, Chapter 487, Statutes of 2017) required the Insurance Commissioner to require either an SSN or an ITIN if the license applicant or licensee is an individual applying for or renewing a production agency license.
SB 1159 (Lara, Chapter 752, Statutes of 2014) established the prohibition against licensing boards under DCA denying licensure to an applicant based on his or her citizenship or immigration status, and the requirement that an applicant for licensure provide the applicant’s ITIN or SSN for an initial or renewal license.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local: Yes
According to the Assembly Appropriations Committee:
- EMSA does not currently accommodate this option, and thus would require one position at a cost of $ 143,000 (GF) in 2018-19, and $136,000 (GF) in 2019-20, to facilitate a working group to draft regulations and complete the rulemaking process. EMSA further anticipates hiring a consultant at $100,000 (GF) for outreach and training of licensure staff and certifying entities to update systems with the ITIN option, as well as to provide guidance on using the system.
- Negligible state cost to the CTC. The CTC currently credentials international teachers on visas, and, thus, already allows the ITIN as an alternative to the SSN.
- Negligible state cost to the DPH.
California Association for Bilingual Education
California Immigrant Policy Center
Californians Together
Public Advocates
The Education Trust-West
OPPOSITION: (Verified 8/30/18)
None received
ARGUMENTS IN SUPPORT: The California Immigrant Policy Center (CIPC) states in support that California is currently experiencing a teacher shortage and that while the CTC already allows for the use of an ITIN as part of their regulations, codifying this into state law will allow a pathway for qualified teachers to get credentialed and will increase the number of culturally competent teaching staff. CIPC states that DPH and EMSA use the SSN to determine identification and to review applicants for nurse assistants, home health aides, hemodialysis technicians, and EMTs through a national database of healthcare practitioners, but that both the ITIN and the SSN can be used for that purpose. CIPC states that these professions provide invaluable services in the healthcare field, but these positions are currently inaccessible to Californians who do not have an SSN. According to CIPC, removing barriers to these licenses will build economic opportunity and a qualified workforce. California Association for Bilingual Education, Californians Together, The Education Trust – West, and Public Advocates all make similar arguments in support.
ASSEMBLY FLOOR: 59-16, 8/29/18
AYES: Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chiu, Chu, Cooley, Cooper, Cunningham, Daly, Eggman, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Low, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon
NOES: Travis Allen, Bigelow, Brough, Chávez, Chen, Dahle, Flora, Harper, Kiley, Maienschein, Mathis, Melendez, Obernolte, Steinorth, Voepel, Waldron
NO VOTE RECORDED: Acosta, Choi, Fong, Mayes, Patterson
8/30/18 18:30:28
**** END ****
SENATE THIRD READING
STR Bill Id:SB 695
Author:(Lara and Mitchell)
As Amended Ver:August 23, 2018
Majority vote
SENATE VOTE: 30-7
Committee | Votes | Ayes | Noes |
Business & Professions | 14-1 | Low, Baker, Bloom, Chen, Chiu, Cunningham, Eggman, Gipson, Grayson, Irwin, McCarty, Medina, Mullin, Ting | Obernolte |
Appropriations | 12-0 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Eduardo Garcia, Nazarian, Quirk, Reyes | Obernolte |
Appropriations | 12-0 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Eduardo Garcia, Nazarian, Quirk, Reyes |
|
SUMMARY: Requires the California Department of Public Health (CDPH), the Commission on Teacher Credentialing (CTC), and the Emergency Medical Services Authority (EMSA) to accept a licensee's individual tax identification number (ITIN) in lieu of a social security number (SSN) for purposes of complying with federal and state law requirements, clarifies that the licensing entities cannot require an applicant to disclose immigration or citizenship status for purposes of licensure, and makes technical and conforming changes. Specifically, this bill:
- Finds and declares that it is in the best interest of the State of California to provide persons who are not lawfully present in the United States with the state benefits provided by licensing entities, including the DPH, the CTC, and EMSA.
- States that it is the intent of the Legislature to utilize ITINs or SSNs for the purpose of establishing identification of persons applying for individual certificates or credentials.
- States that it is the intent of the Legislature that a licensing entity not deny licensure to an otherwise qualified and eligible individual based solely on his or her citizenship status or immigration status.
- States that it is the intent of the Legislature to ensure that a licensing entity update its policies and regulations, no later than July 1, 2019, to no longer require disclosure of citizenship status or immigration status for any applicant.
- Prohibits a licensing board, as defined, from requiring an individual to disclose citizenship or immigration status for purposes of licensure or from denying an otherwise qualified and eligible individual because of the individual's citizenship or immigration status.
- Requires the CDPH, the CTC, and EMSA, no later than July 1, 2019, to authorize the use of an ITIN in lieu of an SSN for purposes of applying for a credential, or the renewal of a credential.
- Prohibits the CDPH and EMSA from requiring disclosure of citizenship status or immigration status for purposes of licensure or certification.
- Prohibits the CDPH and EMSA from denying licensure or certification to an otherwise qualified and eligible individual based solely on his or her citizenship status or immigration status.
- Requires the Department of Child Support Services and local child support agencies to include ITINs and other uniform identification numbers among the personal information they maintain on parents with child support obligations.
- Makes technical corrections.
- Adds double-jointing language with AB 3249 (Committee on Judiciary) of the current Legislative Session to avoid chaptering out the changes to Business and Professions Code Section 30 to be made by that bill.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- EMSA does not currently accommodate this option, and thus would require one position at a cost of $ 143,000 (General Fund (GF)) in 2018-19, and $136,000 (GF) in 2019-20, to facilitate a working group to draft regulations and complete the rulemaking process. EMSA further anticipates hiring a consultant at $100,000 (GF) for outreach and training of licensure staff and certifying entities to update systems with the ITIN option, as well as to provide guidance on using the system.
- Negligible state cost to the CTC. The CTC currently credentials international teachers on visas, and, thus, already allows the ITIN as an alternative to the SSN.
- Negligible state cost to the CDPH.
COMMENTS:
Purpose. This bill is sponsored by the author. According to the author, "Over the past 15 years, California has been a leader on immigrant integration that today includes laws that authorize health care for all children, driver's licenses, college grants, loans, and in-state tuition for eligible residents regardless of their status. Within the last couple of years, the Legislature has begun to recognize the need to address arbitrary restrictions on professional licenses, including alternatives to the use of [an SSN]. Through this, gaps remain in access to professional licenses, permits and certificates, especially within the healthcare field. This bill seeks to identify professional licenses, certificates and permits that only allow an SSN upon application in order to remove this arbitrary requirement and allow immigrants and others with an [ITIN] to apply and become certified in the state, if they are so qualified. This bill also seeks to codify a regulation in place by the [CTC] that allows for the use on ITIN upon application in order to continue allowing qualified candidates the opportunity to be licensed to work in the state."
Background. Currently, all licensing entities established under the Business and Professions Code are required to accept either an ITIN or SSN for purposes of complying with state and federal requirements, allowing for identification of individuals with outstanding tax liabilities or who are out of compliance with child support orders. Existing law authorizes the denial and suspension of a license for tax delinquencies at least five months old and for failure to pay court-ordered child support debt. The Franchise Tax Board and Department of Child Support Services can use an ITIN to identify people for those purposes. This bill expands the statutory requirement for accepting an ITIN to EMSA and the CTC and clarifies that the CDPH is a licensing board for purposes of the requirement.
Individual Taxpayer Identification Numbers. An ITIN is a tax processing identification number issued by the U.S. Internal Revenue Service (IRS) for the administration of tax laws. Since 1996, the IRS has issued ITINs to taxpayers and their dependents that are not eligible to obtain a SSN. The IRS issues ITINs because all wage earners, regardless of their immigration status, are required to pay federal taxes. ITINs allow people who are ineligible for a SSN to comply with tax laws, and are issued regardless of immigration status. Examples of individuals who need ITINs include nonresident aliens, resident aliens, and their dependents or spouses.
Uniform Identification Numbers. According to the Department of Child Support Services, "uniform identification number" is the term used under federal law to describe national identifying numbers in international child support cases where one parent may reside in another country.
Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301 FN: 0004736
SENATE THIRD READING
STR Bill Id:SB 695
Author:(Lara and Mitchell)
As Amended Ver:August 20, 2018
Majority vote
SENATE VOTE: 30-7
Committee | Votes | Ayes | Noes |
Business & Professions | 14-1 | Low, Baker, Bloom, Chen, Chiu, Cunningham, Eggman, Gipson, Grayson, Irwin, McCarty, Medina, Mullin, Ting | Obernolte |
Appropriations | 12-0 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Eduardo Garcia, Nazarian, Quirk, Reyes |
SUMMARY: Requires the California Department of Public Health (CDPH), the Commission on Teacher Credentialing (CTC), and the Emergency Medical Services Authority (EMSA) to accept a licensee's individual tax identification number (ITIN) in lieu of a social security number (SSN) for purposes of complying with federal and state law requirements, clarifies that the licensing entities cannot require an applicant to disclose immigration or citizenship status for purposes of licensure, and makes technical and conforming changes. Specifically, this bill:
- Finds and declares that it is in the best interest of the State of California to provide persons who are not lawfully present in the United States with the state benefits provided by licensing entities, including the DPH, the CTC, and EMSA.
- States that it is the intent of the Legislature to utilize ITINs or SSNs for the purpose of establishing identification of persons applying for individual certificates or credentials.
- States that it is the intent of the Legislature that a licensing entity not deny licensure to an otherwise qualified and eligible individual based solely on his or her citizenship status or immigration status.
- States that it is the intent of the Legislature to ensure that a licensing entity update its policies and regulations, no later than July 1, 2019, to no longer require disclosure of citizenship status or immigration status for any applicant.
- Prohibits a licensing board, as defined, from requiring an individual to disclose citizenship or immigration status for purposes of licensure or from denying an otherwise qualified and eligible individual because of the individual's citizenship or immigration status.
- Requires the CDPH, the CTC, and EMSA, no later than July 1, 2019, to authorize the use of an ITIN in lieu of an SSN for purposes of applying for a credential, or the renewal of a credential.
- Prohibits the CDPH and EMSA from requiring disclosure of citizenship status or immigration status for purposes of licensure or certification.
- Prohibits the CDPH and EMSA from denying licensure or certification to an otherwise qualified and eligible individual based solely on his or her citizenship status or immigration status.
- Requires the Department of Child Support Services and local child support agencies to include ITINs and other uniform identification numbers among the personal information they maintain on parents with child support obligations.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- EMSA does not currently accommodate this option, and thus would require one position at a cost of $ 143,000 (General Fund (GF)) in 2018-19, and $136,000 (GF) in 2019-20, to facilitate a working group to draft regulations and complete the rulemaking process. EMSA further anticipates hiring a consultant at $100,000 (GF) for outreach and training of licensure staff and certifying entities to update systems with the ITIN option, as well as to provide guidance on using the system.
- Negligible state cost to the CTC. The CTC currently credentials international teachers on visas, and, thus, already allows the ITIN as an alternative to the SSN.
- Negligible state cost to the CDPH.
COMMENTS:
Purpose. This bill is sponsored by the author. According to the author, "Over the past 15 years, California has been a leader on immigrant integration that today includes laws that authorize health care for all children, driver's licenses, college grants, loans, and in-state tuition for eligible residents regardless of their status. Within the last couple of years, the Legislature has begun to recognize the need to address arbitrary restrictions on professional licenses, including alternatives to the use of [an SSN]. Through this, gaps remain in access to professional licenses, permits and certificates, especially within the healthcare field. This bill seeks to identify professional licenses, certificates and permits that only allow an SSN upon application in order to remove this arbitrary requirement and allow immigrants and others with an [ITIN] to apply and become certified in the state, if they are so qualified. This bill also seeks to codify a regulation in place by the [CTC] that allows for the use on ITIN upon application in order to continue allowing qualified candidates the opportunity to be licensed to work in the state."
Background. Currently, all licensing entities established under the Business and Professions Code are required to accept either an ITIN or SSN for purposes of complying with state and federal requirements, allowing for identification of individuals with outstanding tax liabilities or who are out of compliance with child support orders. Existing law authorizes the denial and suspension of a license for tax delinquencies at least five months old and for failure to pay court-ordered child support debt. The Franchise Tax Board and Department of Child Support Services can use an ITIN to identify people for those purposes. This bill expands the statutory requirement for accepting an ITIN to EMSA and the CTC and clarifies that the CDPH is a licensing board for purposes of the requirement.
Individual Taxpayer Identification Numbers. An ITIN is a tax processing identification number issued by the U.S. Internal Revenue Service (IRS) for the administration of tax laws. Since 1996, the IRS has issued ITINs to taxpayers and their dependents that are not eligible to obtain a SSN. The IRS issues ITINs because all wage earners, regardless of their immigration status, are required to pay federal taxes. ITINs allow people who are ineligible for a SSN to comply with tax laws, and are issued regardless of immigration status. Examples of individuals who need ITINs include nonresident aliens, resident aliens, and their dependents or spouses.
Uniform Identification Numbers. According to the Department of Child Support Services, "uniform identification number" is the term used under federal law to describe national identifying numbers in international child support cases where one parent may reside in another country.
Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301 FN: 0004142
Date of Hearing: June 27, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 695
Author:(Lara) – As Amended Ver:May 25, 2018
Policy Committee: | Rules | Vote: | 7 - 0 |
Business and Professions | 14 - 1 |
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill requires the California Department of Public Health (CDPH), the Commission on Teacher Credentialing (CTC), and the Emergency Medical Services Authority (EMSA) to accept a licensee’s individual tax identification number (ITIN) in lieu of a social security number (SSN) for purposes of complying with federal and state law requirements.
FISCAL EFFECT:
- EMSA does not currently accommodate this option, and thus would require one position at a cost of $ 143,000 (GF) in 2018-19, and $136,000 (GF) in 2019-20, to facilitate a working group to draft regulations and complete the rulemaking process. EMSA further anticipates hiring a consultant at $100,000 (GF) for outreach and training of licensure staff and certifying entities to update systems with the ITIN option, as well as to provide guidance on using the system.
- Negligible state cost to the CTC. The CTC currently credentials international teachers on visas, and, thus, already allows the ITIN as an alternative to the SSN.
- Negligible state cost to the CDPH.
COMMENTS:
- Purpose. This bill seeks to expand the number of people who can apply for certain licenses under CDPH and EMSA by allowing the use of an ITIN in lieu of a SSN. Eligible professions include a certified nurse assistant, certified home health aide, radiologic technician and emergency medical technicians (EMT-I, EMT-II and EMT-P), among others. According to the author:
This bill seeks to identify professional licenses, certificates and permits that only allow an SSN upon application in order to remove this arbitrary requirement and allow immigrants and others with an [ITIN] to apply and become certified in the state, if they are so qualified. This bill also seeks to codify a regulation in place by the [CTC] that allows for the use on ITIN upon application in order to continue allowing qualified candidates the opportunity to be licensed to work in the state.
- Background. Existing law requires all licensing entities established under the Business and Professions Code to accept either an ITIN or SSN for purposes of complying with state and federal requirements, allowing for identification of individuals with outstanding tax liabilities or who are out of compliance with child support orders. Existing law authorizes the denial and suspension of a license for tax delinquencies at least five months old and for failure to pay court-ordered child support debt. The Franchise Tax Board and Department of Child Support Services can use an ITIN to identify people for those purposes. This bill expands the statutory requirement for accepting an ITIN to EMSA and the CTC and clarifies that the CDPH is a licensing board for purposes of the requirement.
An ITIN is a tax processing identification number issued by the U.S. Internal Revenue Service (IRS) for the administration of tax laws. Since 1996, the IRS has issued ITINs to taxpayers and their dependents that are not eligible to obtain an SSN. The IRS issues ITINs because all wage earners, regardless of their immigration status, are required to pay federal taxes. ITINs allow people who are ineligible for an SSN to comply with tax laws.
- Prior Related Legislation.
SB 788 (Lara), Chapter 487, Statutes of 2017, requires the insurance commissioner to require either an SSN or an ITIN if the license applicant or licensee is an individual applying for or renewing a production agency license.
SB 1159 (Lara), Chapter 752, Statutes of 2014, established the prohibition against DCA-licensing boards denying licensure to an applicant based on their citizenship or immigration status, and the requirement that a licensing board, as defined, and the State Bar require, by January 1, 2016, an applicant for licensure provide the applicant’s ITIN or SSN for an initial or renewal license.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing:
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Evan Low, Chair
SBPCA Bill Id:
Author:() – As Ver:
SENATE VOTE:
SUBJECT:
SUMMARY: Requires the California Department of Public Health (CDPH), the Commission on Teacher Credentialing (CTC), and the Emergency Medical Services Authority (EMSA) to accept a licensee’s individual tax identification number (ITIN) in lieu of a social security number (SSN) for purposes of complying with federal and state law requirements.
EXISTING LAW:
- Defines “board,” for purposes of the Business and Professions Code (BPC), as referring to the board in which the administration of the provision is vested, and unless otherwise expressly provided, includes “bureau,” “commission,” “committee,” “department,” “division,” “examining committee,” “program,” and “agency.” (BPC § 22)
- Defines “license,” for purposes of the BPC and specified initiative acts, as a license, certificate, registration, or other means to engage in a business or profession. (BPC § 23.7)
- Requires a board that administers a provision of the BPC, including the State Bar, the Department of Real Estate, and those under the Department of Consumer Affairs (DCA), to require that an individual applicant for licensure provide either an ITIN or SSN for purposes of complying with federal and state law requirements. (BPC § 30)
- Establishes the CDPH within the Health and Human Services Agency to protect, preserve, and advance the public’s health, including, among other duties, the following:
- Regulation of clinical laboratory testing through the licensure and registration of clinical laboratories and clinical laboratory personnel. (BPC § 1200-1327)
- Regulation of direct patient care in skilled nursing and intermediate care facilities through certification and training of certified nurse assistants (CNA). (HSC § 1337-1338.5)
- Regulation of skilled nursing services provided to patients in the home through certification and training of home health aides, among other things. (HSC §§ 1725-1742)
- Regulation of Radiologic Technology and certification of radiologic technologists. (HSC §§ 114840-114896)
- Regulates the practice of teaching for public elementary and public education (grade 12 or below) under the Teacher Credentialing Law of 1988 and the Bergeson Act. (EDC §§ 44200-44409)
- Establishes the CTC to administer and enforce the Teacher Credentialing Law of 1988 and the Bergeson Act, which requires the CTC to establish professional standards, assessments, and examinations for entry and advancement in the education profession, license and credential professional educators, and discipline credential holders, among other things. (EDC §§ 44202, 44210-44239)
- Provides a statewide system for emergency medical services under the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act. (HSC §§ 1797-1799.207)
- Establishes EMSA within the Health and Human Services Agency to administer and enforce the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, which also establishes the Commission on Emergency Medical Services to approve the training standards and scope of practice developed by EMSA for emergency medical personnel, including Emergency Medical Technician (EMT), Advanced EMTs, Paramedics, Mobile Intensive Care Nurses (MICN), Firefighters, Peace Officers and Lifeguards, among other things. (HSC §§ 1797.1, 1797.100-1797.120, 1799-1799.8)
THIS BILL:
- Finds and declares that it is in the best interest of the State of California to provide persons who are not lawfully present in the United States with the state benefits provided by licensing entities, including the DPH, the CTC, and EMSA.
- States that it is the intent of the Legislature to utilize ITINs or SSNs for the purpose of establishing identification of persons applying for individual certificates or credentials.
- Clarifies that the CDPH is subject to the ITIN and SSN requirements applicable to all licensing entities that administer provisions of the BPC and makes conforming changes to the licensing and certification provisions in the HSC, including certified nurse assistants, certified home health aides, and radiologic technologists.
- Requires the CTC to authorize the use of an ITIN in lieu of an SSN for purposes of applying for a credential, or the renewal of a credential, when applicants cannot their SSN.
- Requires EMSA and the local EMS agency to require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for any EMT certificate and makes conforming changes.
FISCAL EFFECT: According to the Senate Appropriations Committee on this bill as introduced, pursuant to Senate Rule 28.8, no significant state costs anticipated.
COMMENTS:
Purpose. This bill is sponsored by the author. According to the author, “Over the past 15 years, California has been a leader on immigrant integration that today includes laws that authorize health care for all children, driver’s licenses, college grants, loans, and in-state tuition for eligible residents regardless of their status. Within the last couple of years, the Legislature has begun to recognize the need to address arbitrary restrictions on professional licenses, including alternatives to the use of [an SSN]. Through this, gaps remain in access to professional licenses, permits and certificates, especially within the healthcare field. This bill seeks to identify professional licenses, certificates and permits that only allow an SSN upon application in order to remove this arbitrary requirement and allow immigrants and others with an [ITIN] to apply and become certified in the state, if they are so qualified. This bill also seeks to codify a regulation in place by the [CTC] that allows for the use on ITIN upon application in order to continue allowing qualified candidates the opportunity to be licensed to work in the state.”
Background. Currently, all licensing entities established under the Business and Professions Code are required to accept either an ITIN or SSN for purposes of complying with state and federal requirements, allowing for identification of individuals with outstanding tax liabilities or who are out of compliance with child support orders. Existing law authorizes the denial and suspension of a license for tax delinquencies at least five months old and for failure to pay court-ordered child support debt. The Franchise Tax Board and Department of Child Support Services can use an ITIN to identify people for those purposes. This bill expands the statutory requirement for accepting an ITIN to EMSA and the CTC and clarifies that the CDPH is a licensing board for purposes of the requirement.
Individual Taxpayer Identification Numbers. An ITIN is a tax processing identification number issued by the U.S. Internal Revenue Service (IRS) for the administration of tax laws. Since 1996, the IRS has issued ITINs to taxpayers and their dependents that are not eligible to obtain a SSN. The IRS issues ITINs because all wage earners, regardless of their immigration status, are required to pay federal taxes. ITINs allow people who are ineligible for a SSN to comply with tax laws, and are issued regardless of immigration status. Examples of individuals who need ITINs include nonresident aliens, resident aliens, and their dependents or spouses.
Prior Related Legislation. SB 788 (Lara), Chapter 487, Statutes of 2017 requires the Insurance Commissioner to require either an SSN or an ITIN if the license applicant or licensee is an individual applying for or renewing a production agency license and made conforming changes.
SB 1159 (Lara), Chapter 752, Statutes of 2014 established the prohibition against DCA-licensing boards denying licensure to an applicant based on his or her citizenship or immigration status, and the requirement that a licensing board, as defined, and the State Bar to require, by January 1, 2016, that an applicant for licensure provide the applicant’s ITIN or SSN for an initial or renewal license.
ARGUMENTS IN SUPPORT:
The California Association for Bilingual Education and Californians Together write in support, “California has a significant need for teachers, including bilingual teachers, however these positions are currently inaccessible to immigrants who do not have an SSN. With California’s immigrant population now totaling close to 10 million people, or about 1 in 4 people in the state, expanding access to these licenses will create more opportunities for a large portion of the state hitherto shut out from these fields.”
The California Immigrant Policy Center writes in support, “the Department of Public Health (DPH) and Emergency Medical Services Authority (EMSA) only allow the use of a SSN upon application, greatly limiting the amount of people who can apply for certain licenses under their purview, including the nurse assistants license, home health aide license, hemodialysis technician certificate and the EMT-Paramedic license. The DPH and EMSA use the SSN to determine identification and good moral character of an applicant, as well as review applicants through a national database of healthcare practitioners to ensure that applicants are in compliance with federal law. Both the ITIN and the SSN can be used for that purpose. These professions provide invaluable services in the healthcare field, and provide licensees with stable, gainful employment. However, these positions are currently inaccessible to Californians who do not have an SSN. Removing barriers to these licenses will build economic opportunity and a qualified workforce.”
Education Trust – West writes in support, “this bill will proactively remove an entrance barrier for qualified teachers, as well as solidify practices that help bring experienced teachers to the state. The use of an ITIN instead of a SSN is an example of one such practice that allows experienced teachers from all over the world to get the proper credentials to teach in California. By codifying the options of providing an ITIN in lieu of an SSN into law, California will further protect people seeking a teaching credential while still maintaining the same standard of competence and skill. This change could potentially help fill our states low number of bilingual teachers and STEM teachers by allowing educated or certified foreign-born individuals without a SSN to go into the profession.”
Public Advocates writes in support, “With the high need of teachers facing the state, we need to proactively remove barriers to entry for qualified teachers, as well as solidify practices that help recruit experienced teachers to California. One such practice that allows for experienced teachers from all over the world to get the proper credentials to teach in California is the use of an ITIN instead of an SSN. The Commission on Teacher Credentialing, the agency that oversees all the requirements for teacher credentialing, already allows for the use of an ITIN as part of its regulations. It is in the best interest of the state to codify the practice. We need to continue to provide a pathway for qualified teachers to get credentialed while still maintaining the same level of competence and skill.”
ARGUMENTS IN OPPOSITION:
None on file.
REGISTERED SUPPORT:
California Association for Bilingual Education
California Immigrant Policy Center
Californians Together
Education Trust West
Public Advocates
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 695
:
SENATE EDUCATION COMMITTEE: 4-0, 1/10/18
AYES: Allen, Galgiani, Leyva, Pan
NO VOTE RECORDED: Wilk, Mendoza, Vidak
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
DIGEST:
This bill allows the Commission on Teacher Credentialing (CTC) to use a tax identification number in lieu of a social security number for individuals applying for a new or renewal credential.
Existing law:
- Requires the CTC to adopt regulations requiring every applicant for a credential, or for the renewal of a credential, to submit reasonable evidence of identification and good moral character.
- Requires the CTC to establish professional standards, assessments, and examinations for entry and advancement in the education profession.
- Requires the CTC to collect a social security number or an individual tax identification number from each credential applicant in accordance with the State Licensing Match System and the state tax delinquency program.
This bill allows the CTC to use a tax identification number in lieu of a social security number for individuals applying for a new credential or renewing an existing credential, if the applicant cannot provide his or her social security number.
Comments
- Need for the bill. According to the author, “Existing regulations do not preclude the Commission from using an Individual Tax Identification Number (ITIN) for identification purposes in order to determine whether an applicant meets the criteria for a teaching credential. However, regulations can change. Codifying into law the option to provide an ITIN in lieu of a social security number will further protect people seeking a teaching credential while still maintaining the same standard of competence and skill.”
- State Licensing Match System and tax delinquency. The CTC has participated in the State Licensing Match System (SLMS) since 1993. The SLMS prevents a parent who fails to pay court-ordered child support from obtaining or renewing a credential without first paying, or making an agreement to pay, court-ordered child support. Additionally, the SLMS requires the CTC to suspend any valid credentials held in the event a parent is delinquent with their child support payments.
Further, a state licensing entity is required to refuse to issue, reinstate, or renew a license if the applicant or licensee has outstanding tax obligations due to the Franchise Tax Board or the State Board of Equalization and appears on either of these agency’s certified lists of top 500 tax delinquencies over $100,000.
The CTC is required to collect a social security number or an individual tax identification number to carry out its duties under these laws.
- Individual tax identification numbers. An ITIN is a tax processing identification number issued by the IRS that is only available for taxpayers who are ineligible to receive a social security number. According to the National Immigration Law Center, ITINs are used by undocumented immigrants and people who are lawfully present in the United States—such as certain survivors of domestic violence, Cuban and Haitian entrants, student visa-holders, and certain spouses and children of individuals with employment visas.
To obtain an ITIN, an individual must complete documentation substantiating their immigration status and identity. The documentation may be mailed, presented in person, or processed through an authorized agent. ITINs that have not been used on a federal tax return at least once in the three most recent years expire. ITINs may also expire according to a schedule determined by the date the number was issued.
- What is the problem? As the author states, nothing in current law or regulations precludes the CTC from using an ITIN for identification purposes to determine whether an applicant meets the criteria for a teaching credential. Further, the CTC already allows applicants that are ineligible for social security numbers to submit ITINs. This bill simply codifies current CTC practice, presumably in an effort to guard against any future efforts to restrict teacher credential access for certain California residents.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Association for Bilingual Education
California Catholic Conference
Californians Together Coalition
Public Advocates
OPPOSITION: (Verified 1/16/18)
None received
1/17/18 13:34:39
**** END ****
SENATE COMMITTEE ON EDUCATION
Senator Benjamin Allen, Chair
2017 - 2018 Regular
Bill No: SB 695 Hearing Date: January 10, 2018
Author: | Lara | ||
Version: | June 6, 2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Ian Johnson | ||
Subject: Teacher credentialing: applications and renewals: individual tax identification number
SUMMARY
This bill allows the Commission on Teacher Credentialing (CTC) to use a tax identification number in lieu of a social security number for individuals applying for a new or renewal credential.
BACKGROUND
Existing law:
- Requires the CTC to adopt regulations requiring every applicant for a credential, or for the renewal of a credential, to submit reasonable evidence of identification and good moral character.
- Requires the CTC to establish professional standards, assessments, and examinations for entry and advancement in the education profession.
- Requires the CTC to collect a social security number or an individual tax identification number from each credential applicant in accordance with the State Licensing Match System and the state tax delinquency program.
ANALYSIS
This bill allows the CTC to use a tax identification number in lieu of a social security number for individuals applying for a new credential or renewing an existing credential, if the applicant cannot provide his or her social security number.
STAFF COMMENTS
- Need for the bill. According to the author, “Existing regulations do not preclude the Commission from using an Individual Tax Identification Number (ITIN) for identification purposes in order to determine whether an applicant meets the criteria for a teaching credential. However, regulations can change. Codifying into law the option to provide an ITIN in lieu of a social security number will further protect people seeking a teaching credential while still maintaining the same standard of competence and skill.”
- State Licensing Match System and tax delinquency. The Commission on Teacher Credentialing (CTC) has participated in the State Licensing Match System (SLMS) since 1993. The SLMS prevents a parent who fails to pay court-ordered child support from obtaining or renewing a credential without first paying, or making an agreement to pay, court-ordered child support. Additionally, the SLMS requires the CTC to suspend any valid credentials held in the event a parent is delinquent with their child support payments.
Further, a state licensing entity is required to refuse to issue, reinstate, or renew a license if the applicant or licensee has outstanding tax obligations due to the Franchise Tax Board or the State Board of Equalization and appears on either of these agency’s certified lists of top 500 tax delinquencies over $100,000.
The CTC is required to collect a social security number or an individual tax identification number to carry out its duties under these laws.
- Individual tax identification numbers. An individual tax identification number (ITIN) is a tax processing identification number issued by the IRS that is only available for taxpayers who are ineligible to receive a social security number. According to the National Immigration Law Center, ITINs are used by undocumented immigrants and people who are lawfully present in the United States—such as certain survivors of domestic violence, Cuban and Haitian entrants, student visa-holders, and certain spouses and children of individuals with employment visas.
To obtain an ITIN, an individual must complete documentation substantiating their immigration status and identity. The documentation may be mailed, presented in person, or processed through an authorized agent. ITINs that have not been used on a federal tax return at least once in the three most recent years expire. ITINs may also expire according to a schedule determined by the date the number was issued.
- What is the problem? As the author states, nothing in current law or regulations precludes the CTC from using an ITIN for identification purposes to determine whether an applicant meets the criteria for a teaching credential. Further, the CTC already allows applicants that are ineligible for social security numbers to submit ITINs. This bill simply codifies current CTC practice, presumably in an effort to guard against any future efforts to restrict teacher credential access for certain California residents.
SUPPORT
California Association for Bilingual Education
California Catholic Conference
Californians Together Coalition
Public Advocates
OPPOSITION
None received
-- END --
Discussed in Hearing
2MIN
Senate Floor
16MIN
Senate Standing Committee on Health
2MIN
Assembly Floor
1H
Assembly Standing Committee on Appropriations
3MIN
Assembly Standing Committee on Business and Professions
2MIN
Senate Floor
5MIN
Senate Standing Committee on Education
Bill Co-Author(s):