AB 2774: Physical Therapy Board of California.

2602.

(a) The Physical Therapy Board of California shall enforce and administer this chapter.

(b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

2602.2.

Protection of the public shall be the highest priority for the Physical Therapy Board of California in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

2602.1.

Notwithstanding any other law, the repeal of Section 2602 renders the Physical Therapy Board of California subject to review by the appropriate policy committees of the Legislature.

2607.5.

(a) The board may employ an executive officer exempt from the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) and may also employ investigators, legal counsel, physical therapist consultants, and other assistance as it may deem necessary to carry out this chapter. The board may fix the compensation to be paid for services and may incur other expenses as it may deem necessary. Investigators employed by the board shall be provided special training in investigating physical therapy practice activities.

(b) The Attorney General shall act as legal counsel for the board for any judicial and administrative proceedings and their services shall be a charge against it.

(c) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

2661.7.

(a) A person whose license has been revoked or suspended, or who has been placed on probation, may petition the board for reinstatement or modification of penalty, including modification or termination of probation, after a period of not less than the following minimum periods has elapsed from the effective date of the decision ordering that disciplinary action:

(1) At least three years for reinstatement of a license or approval revoked for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a petition for reinstatement may be filed after two years.

(2) At least two years for early termination or one year for modification of a condition of probation of three years or more.

(3) At least one year for reinstatement of a license revoked for mental or physical illness, or for modification of a condition, or termination of probation of less than three years.

(b) The petition shall state any facts as may be required by the board. The petition shall be accompanied by at least two verified recommendations from physical therapists licensed by the board who have personal knowledge of the activities of the petitioner since the disciplinary penalty was imposed.

(c) The petition may be heard by the board. The board may assign the petition to an administrative law judge designated in Section 11371 of the Government Code. After a hearing on the petition, the administrative law judge shall provide a proposed decision to the board that shall be acted upon in accordance with the Administrative Procedure Act.

(d) The board or the administrative law judge hearing the petition may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioner’s activities during the time the license was in good standing, and the petitioner’s rehabilitative efforts, general reputation for truth, and professional ability. The hearing may be continued, as the board or the administrative law judge designated in Section 11371 of the Government Code finds necessary.

(e) The administrative law judge designated in Section 11371 of the Government Code when hearing a petition for reinstating a license, or modifying a penalty, may recommend the imposition of any terms and conditions deemed necessary.

(f) The board shall not consider a petition under this section if any of the following apply:

(1) The petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole.

(2) There is an accusation or petition to revoke probation pending against the petitioner.

(3) Subject to Section 480, the petitioner has been convicted of a crime that would result in the automatic denial of an application for a license and either of the following apply:

(A) The petitioner is required to register pursuant to Section 290 of the Penal Code. This subparagraph does not apply to a petitioner who is required to register solely because of a misdemeanor conviction under Section 314 of the Penal Code.

(B) The conduct underlying the conviction was a violation of subdivision (m) of Section 2660.

(g) The board may deny, without a hearing or argument, any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section.

(h) Nothing in this section shall be deemed to alter Sections 822 and 823.

2688.

The amount of fees assessed in connection with licenses issued under this chapter is as follows:

(a) (1) The fee for an application for licensure as a physical therapist shall be three hundred dollars ($300). The fee for an application submitted under Section 2653 to the board shall be three hundred dollars ($300).

(2) The board may decrease or increase the amount of an application fee under this subdivision, but in no event shall the application fee amount exceed six hundred dollars ($600).

(b) The examination and reexamination fees for the physical therapist examination, physical therapist assistant examination, and the examination to demonstrate knowledge of the California rules and regulations related to the practice of physical therapy shall be the actual cost to the board of the development and writing of, or purchase of the examination, and grading of each written examination, plus the actual cost of administering each examination. The board, at its discretion, may require the licensure applicant to pay the fee for the examinations required by Section 2636 directly to the organization conducting the examination.

(c) (1) The fee for a physical therapist license shall be one hundred fifty dollars ($150).

(2) The board may decrease or increase the amount of the fee under this subdivision, but in no event shall the fee to issue the license exceed three hundred dollars ($300).

(d) (1) The fee to renew a physical therapist license shall be three hundred dollars ($300).

(2) The board may decrease or increase the amount of the renewal fee under this subdivision, but in no event shall the renewal fee amount exceed six hundred dollars ($600).

(e) (1) The fee for application and for issuance of a physical therapist assistant license shall be three hundred dollars ($300). The fee for an application submitted under Section 2653 to the board shall be three hundred dollars ($300).

(2) The board may decrease or increase the amount of the fee under this subdivision, but in no event shall the application fee amount exceed six hundred dollars ($600).

(f) (1) The fee to renew a physical therapist assistant license shall be three hundred dollars ($300).

(2) The board may decrease or increase the amount of the renewal fee under this subdivision, but in no event shall the renewal fee amount exceed six hundred dollars ($600).

(g) Notwithstanding Section 163.5, the delinquency fee shall be 50 percent of the renewal fee in effect.

(h) (1) The duplicate wall certificate fee shall be fifty dollars ($50). The duplicate renewal receipt fee amount shall be fifty dollars ($50).

(2) Notwithstanding paragraph (1), the board may decrease or increase the amount of the fee under this subdivision to an amount that does not exceed the cost of issuing duplicates, but in no event shall that fee exceed one hundred dollars ($100).

(i) (1) The endorsement or letter of good standing fee shall be sixty dollars ($60).

(2) Notwithstanding paragraph (1), the board may decrease or increase the amount of the fee under this subdivision to an amount that does not exceed the cost of issuing an endorsement or letter, but in no event shall the fee amount exceed one hundred dollars ($100).