CA Bus & Prof Code Section 2847.5

(a)

(1)The director shall appoint an administrative and enforcement program monitor no later than March 1, 2016. The director may retain a person for this position by a personal services contract. In this connection, the Legislature finds, pursuant to Section 19130 of the Government Code, that this is a new state function.

(2)

The director shall supervise the administrative and enforcement program monitor and may terminate or dismiss him or her from this position. If the monitor is terminated or dismissed, the director shall appoint a replacement monitor within two months.

(3)

The monitoring duty shall be on a continuing basis for a period of no more than two years from the date of the initial administrative and enforcement program monitor’s appointment.

(b)

(1)The administrative and enforcement program monitor shall monitor and evaluate the following:

(A)

The board’s administrative process, with specific concentration on the management of staff, assistance of board members, and working relationship with the Legislature, including the following:

(i)

Staff hiring and training procedures.

(ii)

Oversight of staff work. (iii)Evaluation of staff performance.

(iv)

Training of board members.

(v)

Dissemination of information to board members.

(vi)

Assistance of board members in performing their duties. (vii)Communication with legislators and legislative staff. (viii)Representation of the board at legislative meetings and hearings.

(B)

The board’s disciplinary system and procedures, with specific concentration on improving the overall efficiency and consistency of the enforcement program, including the following:

(i)

The quality and consistency of complaint processing and investigation.

(ii)

Consistency in the application of sanctions or discipline imposed on licensees. (iii)The accurate and consistent implementation of the laws and rules affecting discipline, including adherence to the “Complaint Prioritization Guidelines for Health Care Agencies” established by the Consumer Protection Enforcement Initiative of 2010.

(iv)

Staff concerns regarding disciplinary matters or procedures.

(v)

The appropriate use of licensed professionals to investigate complaints.

(vi)

The board’s cooperation with other governmental entities charged with enforcing related laws and regulations regarding vocational nurses and psychiatric technicians.

(2)

The administrative and enforcement program monitor shall exercise no authority over the board’s management or staff; however, the board and its staff shall cooperate with the monitor, and shall provide data, information, and files as requested by the monitor to perform all of his or her duties.

(3)

The director shall assist the administrative and enforcement program monitor in the performance of his or her duties, and the monitor shall have the same investigative authority as the director.

(4)

The director shall specify further duties of the administrative and program enforcement monitor.

(c)

(1)The administrative and enforcement program monitor shall submit to the department, the board, and the Legislature an initial written report of his or her findings and conclusions no later than July 1, 2016, and subsequent written reports no later than November 1, 2016, and February 1, 2017, and shall be available to make oral reports to each entity if requested to do so. The monitor may also provide additional information to either the department or the Legislature at his or her discretion or at the request of either the department or the Legislature. The monitor shall make his or her reports available to the public or the media. The monitor shall make every effort to provide the board with an opportunity to reply to any facts, findings, issues, or conclusions in his or her reports with which the board may disagree.

(2)

The administrative and enforcement program monitor shall issue a final report before January 1, 2018. The final report shall include final findings and conclusions on the topics addressed in the initial report submitted by the monitor pursuant to paragraph (1).

(d)

The board shall pay for all of the costs associated with the employment of the administrative and enforcement program monitor.

(e)

This section shall remain in effect only until March 1, 2018, and as of that date is repealed.