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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Reagan, Ronald: Gubernatorial Papers,
1966-74: Press Unit
Folder Title: [Professional and Vocational Standards]
Box: P38
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
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Contact a reference archivist at: [email protected]
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COMMISSION ON CALIFORNIA STATE
GOVERNMENT ORGANIZATION AND ECONOMY
Chairman
PRESS
CASPAR W. WEINBERGER
San Francisco
HOWARD A. BUSBY
San Diego
JACK R. FENTON
Assemblyman, Montebello
D. W. HOLMES
Madera
JAMES E. KENNEY
Pasadena
LOUIS J. KROEGER
Piedmont
PATRICK D. McGEE
Assemblyman, Van Nuys
GEORGE MILLER, JR.
Senator, Martinez
MANNING J. POST
Beverly Hills
DAIR TANDY
Oroville
HOWARD WAY
Senator, Exeter
L.H. HALCOMB, JR.
Executive Officer
AN EXAMINATION OF THE
DEPT. OF PROFESSIONAL &
VOCATIONAL STANDARDS
STATE OF CALIFORNIA
An Examination
of the
Department of Professional and Vocational Standards
State of California
A Report of Findings and Recommendations
September, 1967
Commission on California State Government
Organization and Economy
STATE OF CALIFORNIA
RONALD REAGAN, Governor
COMMISSION ON CALIFORNIA STATE GOVERNMENT ORGANIZATION AND ECONOMY
11th & L Building, Suite 550
Sacramento 95814
Chairman
CASPAR W. WEINBERGER
San Francisco
HOWARD A. BUSBY
September 15, 1967
San Diego
JACK R. FENTON
To:
Assemblyman, Montebello
D. W. HOLMES
Madera
The Honorable Ronald Reagan
JAMES E. KENNEY
Governor of the State of California
Pasadena
The Honorable Members of the Senate
LOUIS J. KROEGER
Piedmont
The Honorable Members of the Assembly
PATRICK D. McGEE
Assemblyman, Van Nuys
Gentlemen:
GEORGE MILLER, JR.
Senator, Martinez
The Commission on California State Government Organization and Economy
MANNING J. POST
herewith submits the Report of its Study of the Department of Professional and
Beverly Hills
Vocational Standards.
DAIR TANDY
Oroville
This study, which has occupied the attention of the Commission for more than
a year and one-half, has resulted in numerous recommendations which are in-
HOWARD WAY
Senator, Exeter
cluded in the Report in summary form.
L. H. HALCOMB, JR.
The most important of these recommendations we believe is the statement that
Executive Officer
"Protection of the public is the only justification for business or professional
licensing and regulatory boards," and that based on that criterion, none of the
new groups seeking to be licensed in the Legislature this year meets that test,
and several existing licensing boards should be abolished.
We hope that legislation carrying out the Commission's recommendations may
be introduced at the next legislative session, and we will of course be glad to
support that legislation with testimony growing out of the material contained
in our report.
Respectfully submitted,
COMMISSION ON CALIFORNIA STATE
GOVERNMENT ORGANIZATION AND ECONOMY
Saspar
CASPAR W. WEINBERGER, Chairman
HOWARD A. BUSBY
JACK R. FENTON
D. W. HOLMES
JAMES E. KENNEY
LOUIS J. KROEGER
PATRICK D. McGEE
GEORGE MILLER, JR.
MANNING J. POST
DAIR TANDY
HOWARD Way
L. H. HALCOMB, JR.
(3)
2-75323
00007-
third
expires
&
a
gove
as
Tax
report
AND
à
Shin
AN EXAMINATION
OF THE
DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS
TABLE OF CONTENTS
PART I
Page
Page
I. Introduction
7
Cemetery Board
24
The Public Interest
7
State Board of Chiropractic Examiners
24
II. Present Practice
9
Board of Registration for Civil and Profes-
The Licensing Body
9
sional Engineers
24
Staff Organization and Services
10
Collection Agency Licensing Bureau
24
License Application and Pre-Qualification
Contractors' State Licensing Board
25
Process
11
Board of Cosmetology
25
Examinations
12
Board of Dental Examiners
25
Enforcement Activities
12
State Board of Dry Cleaners
25
III. Findings and Recommendations-General
14
Bureau of Electronic Repair Dealer Regis-
tration
25
Groups Requiring State Licensing
14
Board of Funeral Directors and Embalmers
25
Recommendations
14
Bureau of Furniture and Bedding Inspec-
Mandatory Licensing
15
tion
25
Recommendations
15
Board of Landscape Architects
25
Multiple License Categories in a Single Oc-
Marriage, Family, and Child Counselor Li-
cupational Area
15
Recommendations
censing
25
15
Board of Medical Examiners
26
The Examinations Process
15
Recommended General Criteria
Board of Nursing Education and Nurse
15
Registration
26
The Enforcement Process
16
State Board of Optometry
26
Receipt and Processing of Complaints
16
Board of Pharmacy
26
Inspectional and Investigative Services
17
Certified Shorthand Reporters Board
26
Legal Services
17
Board of Social Work Examiners
26
Informal Hearings
18
Structural Pest Control Board
26
Organizational and Administrative Ar-
Board of Examiners in Veterinary Medicine
26
rangements
18
Board of Vocational Nurse Examiners
26
Board Composition
18
Yacht and Ship Brokers Commission
26
Professional Licensing Board Authority
and Functions
20
Tables
Department-Board Relationships
21
I. Licensing Agency Composition and Role
9
Financing of Licensing Programs
21
II. Activity of License Board Members
10
IV. Recommendations Affecting Individual Li-
IIa. Licensee and License Categories
10
censing Boards
24
III. Licensing Agency Staff
11
State Board of Accountancy
24
IV. License Requirements
11
State Board of Architectural Examiners
24
V. Enforcement Activity
12
State Athletic Commission
24
VI. Licensing Program Costs
22
Board of Barber Examiners
24
VII. Special Fund Balances
23
PART II-PRESENT ACTIVITIES OF LICENSING BOARDS
State Board of Accountancy
27
Bureau of Furniture and Bedding Inspection
40
State Board of Architectural Examiners
27
Board of Landscape Architects
40
State Athletic Commission
28
Marriage, Family, and Child Counselor Licensing
41
Board of Barber Examiners
29
Board of Medical Examiners
41
Cemetery Board
30
Board of Nursing Education and Nurse Registra-
State Board of Chiropractic Examiners
31
tion
44
Board of Registration for Civil and Professional
State Board of Optometry
45
Engineers
32
Board of Pharmacy
45
Collection Agency Licensing Bureau
33
Bureau of Private Investigators and Adjusters
46
Contractors State License Board
34
Certified Shorthand Reporters Board
47
Board of Cosmetology
35
Board of Social Work Examiners
48
Board of Dental Examiners
36
Structural Pest Control Board
48
State Board of Dry Cleaners
37
Board of Examiners in Veterinary Medicine
49
Bureau of Electronic Repair Dealer Registration
38
Board of Vocational Nurse Examiners
49
Board of Funeral Directors and Embalmers
39
Yacht and Ship Brokers Commission
50
(5)
is
No
X
$ If
with
-
del
PART I
I. INTRODUCTION
This is the second Commission study of the use of
2. The number of members should not normally ex-
plural bodies in California State government. The
ceed seven, with a lesser number on adjudicative
first dealt with the boards and commissions in the
bodies.
Resources Agency,¹ and the present study considers
3. Terms of office should be definitely fixed, prefer-
those in the Department of Professional and Voca-
ably at four years with a two-term maximum
tional Standards. The report on the earlier study pre-
and with provision for overlap.
sented a set of criteria or guidelines for use in evalu-
ating the need for and role of such bodies in state
4. Members should not receive compensation (other
government. The statement was there made that,
than for full-time service) but should receive
"These [criteria] will receive further testing in fu-
ample expense allowances.
ture projects of the Commission dealing with the same
5. Members should be selected first on their ability
subject elsewhere in the state government."
to represent the general public interest and only
Certain general concepts were enunciated in the
secondarily on their special knowledge of the
first report favorable to the use of citizen boards, in-
subject area.
cluding: broader public participation in government,
6. Beneficiary or special interests may be repre-
the open manner in which affairs are conducted,
sented, but only when the need for their special
achieving a consensus of views, providing a buffer
knowledge or support is clearly demonstrated
against undue pressures, and offering a needed pro-
and then only as a minority of the membership.
tection against arbitrary action. The case made for
the exercise of caution in the use of boards included
Organizational Status
such factors as diffusion of responsibility, slowness to
1. Bodies should be linked to the agency at the
act, division of authority, undue special interest rep-
level at which policy decisions are made-nor-
resentation, expense, and isolation from normal proc-
mally the Office of the Director-and advisory
esses of government. As will be pointed out later,
to the agency (not a particular official) in the
several of these conclusions have particular pertinence
specified subject area.
to a board engaged in the licensing of a profession
2. Department directors should maintain direct
or vocation. Of particular concern are the problems
liaison with all bodies in their department, desig-
of special interest representation and isolation from
nating the appropriate division chief or others
the normal control processes.
to coordinate department-board activities.
The general guidelines set forth in the first study
3. Bodies should not employ or supervise admin-
report were:
istrative or technical staff but should be pro-
vided all requested staff assistance by the de-
Functions Best Performed by Boards
partment to which attached.
1. Participation in policy formulation
Subsequent sections of this report will measure the
2. Participation in rule-making
boards of the Department of Professional and Voca-
3. Acting as an Administrative Tribunal to hear
tional Standards, as a group and individually, against
appeals from administrative orders or actions
these criteria. Beyond this, specific recommendations
4. Allocation of funds in the form of loans or
treating with the unique features of a licensing board
grants to local jurisdictions or the division of
are offered as are proposals for improvements in par-
appropriations among state agency projects,
ticular licensing programs.
subject to staff recommendation and, where re-
quired, legislative approval
THE PUBLIC INTEREST
5. Such single or special purposes as conduct of ne-
In considering what is the appropriate role of a
gotiation, new or pilot project guidance, or
board in the administration of a licensing program,
study and report on a particular subject
the central issue is that of representing and protect-
ing the general pubic interest. The justification for
Manner of Creation and Membership Requirements
the State's controlling entry into a particular profes-
1. Appointments to statutory boards or commis-
sion or vocation and regulating the activities of prac-
sions in the executive branch should be made by
titioners is simply, and exclusively, protection of the
the Governor.
public. Since licensure is a restriction on the free-
dom of individuals, the need for government inter-
1 The Use of Boards and Commissions in the Resources Agency,
April, 1965.
vention must be clearly demonstrated. There is no
(7)
8
AN EXAMINATION OF THE
need to belabor the point that a licensing program
as: no two states license all of the same professions
can be used to the special advantage of the licensed
and vocations; only a few professions, such as phy-
group-by restricting entry even of reasonably quali-
sicians and attorneys, are licensed by all of the states;
fied persons and thus reducing competition or by
and some states, including California, license many
protecting licensees who are incompetent, negligent,
more groups than do others. For a number of years
or acting contrary to the public good. Further, licens-
the trend has been upward, but more often than not
ing programs have been used in some instances to
the pressure has come from the groups themselves
advance the professional status of occupational
rather than from the public or from government.
groups, with no benefit to the public or even counter
There appears to be no question but that the licensed
to the public interest. Examples of these distortions
groups benefit; the benefit to the public, on the other
of the licensing function are easily found. It
hand, is not always as clear. In situations where a
is equally clear that many licensing programs give
case can be made that licensing might have some de-
the public a protection not otherwise attainable. What
sirable features from the standpoint of the public,
is good for a particular group may or may not be
these must be weighed against the broad question of
good for the public generally. There need not be a
increased government intervention into areas tradi-
conflict between the licensed group interest and the
tionally viewed to be of private concern.
general public interest; both can be served to the
The second point at which the public interest ques-
benefit of all.²
tion must be considered is in deciding how this inter-
The question of how best to assure that the public
est is to be represented once licensing has been de-
interest is properly served arises at two primary
cided upon. In a later section of this report, treating
points in the licensing process. First, when the deci-
with licensing agency organization and composition
sion is made-by the legislature-as to whether or
and the proper authority of licensing boards, pro-
not a particular profession or vocation need be li-
posals are made in this regard. The basic conclusion
censed by the State. This decision must rest on sub-
reached-and it would seem an obvious one-is that
stantial evidence that the public needs this protec-
relatively complete control of all phases of a licensing
tion. That a problem exists is borne out by such facts
process by the group being licensed does not provide
Later in this report certain distinctions are made between the
the necessary assurance that the public interest is
licensing of professions or vocations and the licensing of
business activities. See pages 14, 19, and 20.
adequately represented.
DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS
9
II. PRESENT PRACTICE
The Department of Professional & Vocational
lected from licensees or applicants deposited in spe-
Standards has functioned less as an executive branch
cial funds under board control and used to defray the
department, in the normal sense, than as a group of
cost of the licensing activity, that encourages board
independent licensing agencies held together by a set
independence. The Department is in large part de-
of staff services. The Director is given significant
pendent upon assessments against these special funds
powers and authority in the general licensing code
for its operation. The existence of a generally close-
provisions. The reluctance of Directors in the past to
knit clientele group served by each board also assures
use these powers to better represent the public in-
a strong voice at the legislative level.
terest and bring about greater coordination and in-
As revealed by TABLE I, there are within the De-
creased effectiveness in the operations of the several
partment twenty-eight licensing agencies.¹ Collectively
boards has resulted in many of the boards function-
they license nearly 700,000 individuals or establish-
ing with a greater independence than the Legislature
ments in some 230 license categories.²
intended. This in turn seems to have led to a belief
that the Director is without power, which clearly is
THE LICENSING BODY
not the case.
At present the licensing body, which has relatively
With few exceptions the licensing agencies are
complete authority over all aspects of the licensing,
boards comprised of members of the profession or vo-
is most commonly a board comprised of five to nine
cation licensed-except for one "public" member-
members, all but one of whom are by law licensees
possessing administrative and regulatory power and
of the board-that is, a member of the profession or
control of their own staffs and enjoying special fund
industry being regulated. Members are appointed by
status. It is this financial autonomy, with fees col-
the Governor for four-year staggered terms and are
compensated at the per diem rate of $25 plus expenses.
Code provisions frequently require that boards meet
TABLE I
at least several times a year, but in practice most
LICENSING AGENCY COMPOSITION AND ROLE
meet at least monthly or, if less frequently than that,
in sessions of two or more days duration. A board's
Board Membership
Nature of Function
staff is headed by an executive secretary appointed
by and serving at the pleasure of the board.
Adminis-
Licensing Body
Licensees
"Publie"
trative
Advisory
Individual boards differ widely in the extent to
which members personally participate in the several
Accountancy
7
1
phases of the licensing process, ranging from almost
Architecture
8
1
complete involvement in all phases to confining them-
Athletic Commission
-
5
selves strictly to policy matters and deciding appeals.
Barber
4
1
This is reflected in the number of per diem days
Cemetery Board
5
1
charged, which range among boards from a low of 6
Chiropractic
5
-
to more than 100 per year (TABLE II). Common
Civil & Prof. Engineers
8
1
board functions include:
Collection Agency
5
1
Contractors
8
1
1. Establishing rules and regulations governing the
Cosmetology
6
I
licensing program-not inconsistent with code
Gental Examiners
7
1
x
Dry Cleaners
6
1
provisions.
Electronic Repair Dlrs
2
3
2. Setting educational and other pre-requirements
Funeral Directors
5
1
to license applicants.
Furniture & Bedding
6
1
3. Approving or accrediting institutions which pro-
Landscape Architect
5
1
vide training in the field.
Marriage Counselor
4
1
Medical Examiners
11
1
4. Preparing or approving examinations and par-
Nursing Education
5
1
ticipating in their administration.
Optometry
5
1
Osteopathic
5
5. Determining who is to be granted a license, based
-
on examination and other requirements.
Pharmacy
7
1
Private Investigators
-
-
6. Generally directing inspectional and enforce-
Shorthand Reporters
3
2b
ment activities carried out by Division of Inves-
Social Work Examiners
4
2
tigation or by board staff.
Structural Pest Control
5
1
Veterinary Medicine
5
1
1 Excluded are the Board of Osteopathic Examiners which no
longer issues licenses and the Board of Guide Dogs for the
Vocational Nurse
7
4
Blind with 16 licensees. There exist also several "examining
Yacht and Ship Brokers
4
1
committees" under the primary boards which enjoy varying
degrees of autonomy. As a result, the number of licensing
agencies is sometimes shown to number as many as 34.
At present time, there is no licensing board, only a bureau.
2 Approximately 90 of these categories are construction and
b
Members of State Bar.
building contractors in various specialties. See TABLE
Includes 1 MD, 1 RN, 1 Hospital Administrator, and 1 School Administrator.
IIa, page 10.
10
AN EXAMINATION OF THE
TABLE II
TABLE lla
ACTIVITY OF LICENSE BOARD MEMBERS
LICENSEES AND LICENSE CATEGORIES
(June, 1966)
Per Diem Expenditures,
1965-66 Budgeted
Number of License Categories
Number of
Number
Per
Number
of
Board
of Days
Licensing Body
Licensees
Individual
Establishment
Board
Licensees
Total
Member
per Year
Accountancy
26,634
2
1
Architecture
6,188
2
Accountancy
26,634
$3,575
$447
18
Athletic Commission
1,117
17
1
Architecture
4,895
8,000
889
36
Athletic Commission
1,117
1,825
365
15
Barber
42,768
3
2
Cemetery
1,651
2
2
Barber
42,768
4,050
810
81
10
Chiropractic
4,618
1
Cemetery
1,651
1,500
250
Chiropractic
4,618
2,550
1,510
60
Civil & Prof. Engineers
49,348
11
Collection Agency
-576
2
1
Engineers
49,348
10,700
1,189
48
Contractors'
92,711
91
Collection Agency
576
1,800
300
11
Contractors
92,711
2,950
328
13
Cosmetologist
133,062
7
3
Dental Examiners
14,780
2
Cosmetology
133,062
6,300
900
36
Dry Cleaners
19,991
21
9
Dental Examiners
14,780
28,800
3,600
b144
Dry Cleaners
19,991
13,000
1,857
75
Electronic Repair Dlrs
6,736
1
Funeral Directors
4,474
3
Electronic Repair Dlr.
6,736
1,500
300
12
4,474
654
26
Furniture and Bedding
23,913
10
Funeral Directors
3,925
Furniture & Bedding
23,913
1,250
156
8
Landscape Architect
740
1
Marriage Counselors
1,372
1
Landscape Architect
740
2,500
42
17
Medical Examiners
Medical Examiners
53,043
53
56,405
6
15,825
1,319
Nursing Education
120,749
10,300
1,717
70
Nursing Education
120,749
1
Optometry
2,825
1
1
Optometry
2,825
4,400
733
29
Osteopathic
404
2
--
Osteopathic
404
300
60
Pharmacy
19,182
18,255
2,282
91
Pharmacy
19,182
1
8
Private Investigator
1,824
5
Shorthand Reporter
1,270
2,975
595
24
Shorthand Reporters
1,270
1
Social Work Examiners
3,385
1,050
150
6
Structural Pest Control
3,962
3,450
575
23
Social Work Examiners
3,385
1
--
Structural Pest Control
3,962
2
Veterinary Medicine
2,512
3,975
663
27
Veterinary Medicine
2,512
1
1
Vocational Nurse
22,772
2,025
266
11
Yacht and Ship Brokers
640
1,250
250
10
Vocational Nurse
28,567
2
-
Yaeht and Ship Brokers
640
2
1
Advisory Boards.
b A major portion of this time is for grading examination papers, on a formula of 20
Total
672,420
191
41
papers equals one day's per diem.
7. Considering and acting on complaints and re-
ports of infractions of code provisions or board
to board activities, and another eight spend more
regulations by licensees and non-licensees.
than one but less than three days.
8. Reviewing and deciding proposed decisions of
Among the more important organizational varia-
hearing officers following formal proceedings
tions are the use of advisory rather than administra-
under the Administrative Procedure Act, at
tive boards no board at all and committees at-
times sitting with hearing officers in such pro-
tached to boards to license particular categories
ceedings.
STAFF ORGANIZATION AND SERVICES
In carrying out certain of the above functions, most
The most common staff organization consists of an
boards take quite similar approaches; in others the
executive secretary and several clerical personnel en-
variations are great. For example, the members of
some boards compose, administer, and grade all ex-
gaged in the processing of license applications and
aminations whereas others use national examinations
paperwork related to complaints, investigations, and
and testing services or staff specialists. This is re-
disciplinary procedures (TABLE III). Somewhat less
flected in Table II (page 10) in that the Board of
than one-half of the boards have professional or in-
Dental Examiners and others showing large numbers
vestigative staff personnel engaged in examination
of per diem days spend considerable time grading
preparation, inspections of training establishments,
tests, a somewhat unusual activity for per diem re-
or investigative work. Some of the latter boards look
imbursement. Several boards devote substantial time
to the Division of Investigation, a central unit under
to activities other than actual licensing, such as ac-
the Department Director, for certain but not all in-
creditation of schools or business regulation. Others
spectional and investigative services. Boards not hav-
are heavily involved in formal or informal discipline.
3
Furniture and Bedding, Collection Agencies, and Electronic Re-
pair Dealers.
Eight of the twenty-six boards report that their mem-
4
Private Investigators and Adjusters.
5
bers devote an average of one day or less per month
For example, Psychologists and Physical Therapists under the
Board of Medical Examiners.
DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS
11
ing this type of staff rely exclusively on the Depart-
approval leads directly to licensure or registration
ment's Division of Investigation for these services.
(Table IV).
Central staff units of the Department provide such
Most pre-conditions are rather easily established or
services as accounting, personnel, building operation,
verified, the principal exception being the "good
data processing, communications, methods improve-
character" requirement found in most licensing laws.
ment, and examination consultation. Individual boards
The agencies commonly clear the applicant through
or agencies are charged on a pro-rata basis for these
the State Criminal Investigation and Identification
and general departmental administration expenses.
Bureau for any record of potentially disqualifying
Legal services are for the most part provided by the
crimes or offenses. Where such are found-or a record
Office of the Attorney General on a reimbursement
of offenses actually committed is not acknowledged by
basis. Limited assistance from the Department's in-
the applicant on his application form-the agency
house counsel is available on request and two boards
will decide whether or not to reject the application,
retain their own attorneys.
usually after having caused an investigation to be
made. There are variations in the language of code
LICENSE APPLICATION AND PRE-QUALIFICATION
provisions treating with the "good character" re-
PROCESS
quirement and in their interpretation and application
The licensing laws normally prescribe that a person
by particular boards. In none of the code provisions
must meet certain pre-conditions or possess specified
or board regulations is "good character" adequately
minimum qualifications to make application for a li-
defined. If the decision is to deny the applicant, he is
cense. These relate to citizenship, age, good character,
given an opportunity for a hearing under the Admin-
education, and, in some instances, work experience.
istrative Procedure Act. The agency seeks a statement
The application process is designed to establish these
of issues from the Attorney-General, and the case is
pre-qualifications as a condition to a person's being
heard by a hearing officer from the Office of Adminis-
allowed to take an examination. In some license cate-
trative Procedure whose decision is advisory to the
gories, there is no formal examination or test of com-
board.
petence, in which cases application acceptance and
TABLE III
TABLE IV
LICENSING AGENCY STAFF
LICENSE REQUIREMENTS
(1966-67 Authorized)
Good
Reci-
Moral
procity
Profes-
Office
Salaries
Licensing Body
Character
Education
Experience
Permitted
sional and
and
(1966-67
Licensing Body
Technical
Clerical
Total
Budget)
Accountancy
College
Archictecture
College
.
Accountancy
4
10
14
$106,000
Athletic Commission
No
No
Architectural Examiners
5
5
10
80,000
Athletic Commission
13
4
17
126,000
Barber
Vocational School
No
Cemetery
No
No
Barber Examiners
3
9
12
86,000
Chiropractic
College
No
Cemetery Board
2
2
4
39,000
Chiropractic
1
3
4
39,000
Engineer
College
.
Collection Agency
X
High School
No
Civil and Prof. Engineers
15
23
38
297,000
Contractors
No
No
Collection Agency
5
4
9
78,000
Contractors
99
66
165
1,232,000
Cosmetologist
Vocational School
No
No
Dental Examiners
X
College
No
No
Cosmetology
6
20
26
177,000
Dry Cleaners
Vocational School
No
Dental Examiners
5
6
11
106,000
Dry Cleaners
3
8
11
84,000
Electronic Repair Dealer
No
No
Funeral Directors
X
b
Electronic Repair Dealers
6
6
12
92,000
Furniture and Bedding
No
No
Funeral Directors
2
4
6
53,000
Furniture and Bedding
10
10
20
151,000
Landscape Architect
6 yrs. education and
experience
No
Landscape Architects
a
1
1
9,000
Marriage Counselor
No
College
X
Marriage Counselor
a
b
Medical Examiners
X
College
No
Medical Examiners
4
20
24
182,000
Nursing Education
Vocational School
No
No
Nursing Education
8
26
34
255,000
Optometrist
X
College
No
No
Optometry
1
2
3
28,000
Osteopathic
College
No
Osteopathic
a
1
1
9,000
Pharmacy
College*
No
Pharmacy
14
10
24
242,000
Private Invetigator
No
No
Private Investigators
R
5
5
27,000
Shorthand Reporters
Vocational School
No
Certified Shorthand Reporters
a
1
1
8,000
Social Work Examiners
No
College
No
X
Social Work Examiners
1
1
2
22,000
Structural Pest Control
X
No
X
No
Structural Pest Control
3
23
26
154,000
Veterinary Medicine
No
College
No
No
Veterinary Medicine
a
b
5,000
Vocational Nurse
Vocational School
No
Vocational Nurse
4
5
9
79,000
Yacht and Ship Brokers
No
No
Yacht and Ship Brokers
1
1
2
23,000
Professional school or advanced degree requirements in addition to college degree.
Executive Secretary shared with other boards.
High School plus trade school for Embalmers. No requirements for Funeral Director.
b Clerical staff shared with other boards.
Partial. Applicant must take an oral exam and meet experience requirements.
3-75323
12
AN EXAMINATION OF THE
The second kind of pre-qualification is the require-
from the Office of Administrative Procedure-on all
ment set for several licensed groups that applicants
or selected cases; others do not. The decision of the
must have from one to several years of prior work
hearing officer is advisory to the board, which may
experience judged qualifying by the board. Some
approve the decision or reduce the proposed penalty.
cases are not clear-cut, with applicants disagreeing
To increase the penalty the board must call for and
with the agency's evaluation of their experience-in
review a complete transcript of the hearing or call
these the board's decision is final.
for a re-hearing.
The most usual penalty assessed where the hearing
EXAMINATIONS
produces evidence of infractions is a license suspen-
Applicants for all but a few license categories must
sion with the suspension stayed subject to certain
successfully pass an examination prior to being
stipulations. Relatively few license revocations are or-
granted a license. Several boards use examinations
dered-there were approximately 150 revocations
prepared by or for national professional associations
during fiscal 1965-66 for the 580,000 licenses other
and used by a number of states. Several others en-
than contractors then in effect) 6 Many of these also
gage the services of examinations specialists or look
were stayed and the licensee placed on probation.
to their own staff for the construction, administration,
Complaints or reports of non-licensed persons en-
and scoring of examinations. At least half of the
gaging in a profession or vocation for which a license
boards construct and administer their own examina-
is required are systematically investigated. A warn-
tions, board members personally doing the work. In
ing may be issued if the allegation is found to be
nearly all instances in which oral, practical, or per-
supported, or, on serious or repeated offenses, the
formance elements are included-as distinguised from
local district attorney is asked to prosecute. Some
written-board members conduct these either individ-
0 A total of 488 contractor licenses-of 92,000 in force-were re-
ually or as a group National examinations given for
voked, most frequently because of financial insolvency.
a number of professions are not recognized in Cali-
TABLE V
fornia, being judged by the respective boards to be
inferior to the local examination.
ENFORCEMENT ACTIVITY
Examinations range from very simple tests of
(1965-66 Fiscal Year)
knowledge of the particular licensing laws and board
regulations to complex substantive examinations re-
Per 1,000 Licensees
quiring several days to complete. Some are given in
sections-from two to as many as ten-with appli-
Suspen-
sions or
cants allowed conditional credit for sections passed,
Investi-
Admin.
Revoca-
retaking only those failed. Most examinations are
Licensing Body
Complaints
gations
Hearings
tions
scheduled two or more times per year and liberal
provision is made for an applicant to retake an ex-
Accountancy
29
27
0.6
0.4
Architectural Examiners
48
25
None
None
amination a number of times.
Athletic Commission
88
21.0
a
There are wide variations in the pass-fail ratios,
Barber Examiners
34
20
4.0
3.1
ranging from as low as 10 percent to nearly 100 per-
Cemetery Board
31
8
3.0
0.6
cent passing a particular examination. There is no
Chiropractic
22
14
3.0
0.9
discernible pattern to this performance in relation to
Civil and Prof. Engineers
27
20
0.1
None
the kind of profession or vocation.
Collection Agency
212
252
31.0
9.0
Contractors
238
209
7.0
7.0
ENFORCEMENT ACTIVITIES
Cosmetology
78
15.0
7.0
Dental Examiners
15
14
0.9
0.3
Enforcement activities fall into several primary
Dry Cleaners
74
0.7
0.5
categories. A number of the licensing agencies carry
Electronic Repair Dealers
294
163
0.6
1.3
out regular periodic inspections of licensed establish-
Funeral Directors
20
19
2.0
0.4
Furniture and Bedding
113
90
0.3
ments, either through the Division of Investigation or
0.3
with individual board staff, in the course of which
Landscape Architects
34
24
1.4
None
Marriage Counselors
12
1
None
violations are discovered. Other agencies rely on the
None
Licensed Physical Therapists
9
9
2.0
None
receipt of complaints from various sources, including
Medical Examiners
14
14
2.0
clients of licensees, and cause investigations to be
0.3
Nursing Education
2
2
0.6
0.4
made of the allegations by staff or Division of Inves-
Optometry
8
0.7
0.4
tigation personnel. Minor infractions of code provi-
Osteopathic
7
None
None
sions or regulations are commonly disposed of inform-
Pharmacy
63
19
2.0
1.2
ally by a warning to the licensee or by bringing about
Private Investigators
658
196
7.0
6.0
a settlement acceptable to the affected parties. Serious
Shorthand Reporters
33
36
None
None
infractions are referred to the Attorney-General for
Structural Pest Control
361
259
15.0
30.0
Veterinary Medicine
45
49
2.0
1.0
the institution of formal proceedings under the Ad-
ministrative Procedure Act. These latter cases repre-
Vocational Nursing
9
5
1.0
0.5
Yacht and Ship Brokers
115
50
6.0
None
sent a very small percentage of those investigated,
there being substantial variation between different
Not applicable.
boards. Some boards sit with the hearing officer-
DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS
13
boards devote considerable energy to the restriction
media. Violators are warned or action against them
of this kind of activity.
sought through a district attorney.
A number of the licenses are not mandatory, the
As attached TABLE V reveals, variations among
law simply prohibiting a non-licensed person engaged
boards in the number of complaints, investigations,
in the profession or vocation from identifying or
and formal disciplinary actions are great. In some
instances the nature of the profession or vocation
"styling" himself as a registered, certified, or li-
explains the differences, but in others there would
censed practitioner. Certain of the boards granting
seem to be differing policies as to intensity of en-
such licenses are actively engaged in seeking out viola-
forcement effort or the informal handling of com-
tors-using such techniques as checking the classified
plaints and infractions of code provisions or board
section of telephone directories and other advertising
regulations.
14
AN EXAMINATION OF THE
III. FINDINGS AND RECOMMENDATIONS-GENERAL
It has been the general finding of the present study
competence. Nevertheless, several of the vocational
that the more than two hundred citizen members of
licensing or registration programs do not include
the boards in the Department of Professional and
meaningful individual qualification requirements
Vocational Standards are providing a significant serv-
other than good character, or more accurately, an ab-
ice to the State and to the professions they represent.
sence of evidence of bad character.
They bring to these boards talents and the kind of
All of the State's licensing programs are not cen-
experience and expertise that would not otherwise be
tralized in the Department of Professional and Voca-
obtainable. The time devoted to their activities as
tional Standards and those which are include some
board members represents a substantial personal con-
of both categories-business and professional. Other
tribution. It is therefore most important that these
departments are licensing both business and occupa-
boards be given technical and staff assistance of a
tional groups. Local governments also conduct licens-
kind and quality that will permit the members to
ing programs, for both revenue and regulatory pur-
concentrate their efforts on the policy and standard
poses.
setting functions that only they can perform.
Obviously, the present study cannot cover the entire
Since the state government has entered the field of
licensing spectrum, yet there is within the Depart-
licensing and regulating certain profession, voca-
ment of Professional and Vocational Standards a suffi-
tions, and businesses to fulfill a public need, it is es-
cient number and variety of licensing programs to per-
sential that these programs be administered in a way
mit and require the development of certain criteria
that most effectively serves the broad public interest.
of general applicability.
There is nothing incompatible with the achievement of
this objective and the significant use of citizen boards,
Recommendations
the majority membership of which are drawn from
the licensed groups. The recommendations that follow
Licensing by the State of the members of a pro-
have been developed with this conclusion in mind.
fession or vocation should be undertaken only when:
1. Failure to do SO would present a clear and defi-
GROUPS REQUIRING STATE LICENSING
nite danger to the general public health, safety,
Although the principal objective of the present
or welfare-as distinguished from the interests
study is to define how citizen boards can be most ef-
of a particular group or segment.
fectively used in the administration of state licensing
2. Specific pre-qualification standards can be estab-
programs, it is necessary first to explore the question
lished and there is reasonable assurance that per-
of what groups should be licensed and for what pur-
sons meeting such standards will be able to func-
pose. The underlying philosophy is well known. Un-
tion effectively in the vocation and those who fail
der our system of government we generally subscribe
to meet the standards could not.
to the rule that a person should be allowed to choose
his own occupation and pursue it free from govern-
Licensing by the State of businesses-as distinct
ment interference. It is recognized, however, that sit-
from individual professional or vocational licensing-
uations occur in which government has an obligation
is justified only where:
to intercede to protect the public against the conse-
1. A fiduciary relationship exists between the li-
quences of ignorance and incapacity, as well as
censee and the public.
against deception and fraud, inherent in a business
2. The nature of the business and the relationship
or profession if practiced by persons lacking the nec-
between the licensed business and the public is
essary knowledge and abilities.¹ Licensing is one
such that the public requires special protection
means of doing this. The problem arises in seeking to
against fraud.
identify those businesses and professions which by
3. The general law and other remedies available to
their nature require licensing in the public interest.
the public do not afford a reasonable protection
A fairly sharp distinction can be made between the
or assurance of redress.
licensing of a business as distinguished from a pro-
fession or vocation, although in some instances there
A number of the presently licensed groups do not
is overlap. Business licensing by the State is primarily
meet one or the other of these criteria, nor do most of
directed towards protecting the public from fraud
the new groups now seeking licensure. It is therefore
rather than incompetence, thus the licensee usually
recommended that:
need not meet any fixed personal qualification stand-
1. The Legislature, in considering requests for the
ards. Professional and vocational licensing, on the
licensing of new groups, measure the need for
other hand, centers around measuring the individual's
such licenisng against the criteria set forth in
qualifications even though in many cases the protec-
this report.
tion afforded the public is from fraud as well as in-
2. These criteria be applied in considering business
1 A current, and excellent, treatment of the philosophy of licens-
and occupational licensing carried out by de-
ing is: Business and Professional Licensing-California, a
partments other than the Department of Pro-
Representative Example, J. F. Barron, Stanford Law Re-
view, February, 1966.
fessional and Vocational Standards.
DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS
15
MANDATORY LICENSING
THE EXAMINATIONS PROCESS
At present a number of the licensing programs
Although it is recognized that variations in the
involve the granting of name-only licenses or registra-
nature of activity in the several professional and vo-
tion. A person need not possess a license or be reg-
cational fields will require differing kinds and ways of
istered to engage in the work of the profession or
measuring an applicant's qualifications for entry,
vocation; he is simply prohibited from identifying
this does not explain the unusual variety of examin-
himself by or using whatever title is specified in the
ing practices now in use. This was borne out by a
licensing act, e.g., Registered Social Worker or Land-
recent intensive study made by the Examinations
scape Architect. The enforcement program in these
Consultant on loan to the Department from the
categories concentrates in large part on seeking out
State Personnel Board.² Boards engaged in examining
persons improperly using the restricted title and caus-
persons for professions or vocations or substantial
ing them to desist. The justification offered for this
comparability use widely different techniques for ex-
type of licensing is that the public can be assured that
amination construction, administration, and grading.
the person with a license or registered is fully quali-
Some use recognized national examinations, others
fied in the field.
prepare their own even in fields where such national
examinations exist and enjoy wide acceptance; some
Recommendations
employ staff or consulting specialists to construct
If a genuine need exists for protecting the public
tests, others use board members; some engage staff
from persons unqualified by lack of training or good
or proctors to administer and grade examinations,
character practicing a particular profession or voca-
others use board members; and SO on. There is no
tion, and if licensing will give the needed protection,
uniformity in provisions for retaking examinations
that licensing should be mandatory. To permit un-
or for giving partial credit. As has already been
licensed, i.e., unqualified, persons to function in that
noted, there are variations in pass-fail percentages of
capacity is to leave the public unprotected. Specific
from less than 10% to more than 95%.
exclusions or exemptions could be allowed, as, for ex-
Policies for granting reciprocity are varied; in
ample, in instances in which an unlicensed person
some cases there is full reciprocity, in others partial,
works under the immediate direction of a licensee who
and in the great majority none at all.
accepts full responsibility for the former's actions, or
There is no great merit in uniformity as such, but
in an institutional setting. It is further believed that
practice as varied as now exists unavoidably raises
so-called "title" or "name-only" licensing does not
questions of equity and unjustified discrimination
protect the public.
among persons seeking careers in the several licensed
fields. Significant differences in the performance on
examinations by graduates of the same accredited
MULTIPLE LICENSE CATEGORIES IN A SINGLE
educational institution in different professional areas,
OCCUPATIONAL AREA
or in specialized categories in the same area, suggest
There is a tendency in a number of professional
defective or unrealistic examination policies and tech-
and vocational areas to recognize several rather nar-
niques. Either some are restrictive to the point of ex-
row or specialized license categories. This at times
cluding from licensure persons who possess the essen-
takes the form of creating levels or a vertical series of
tial qualifications, or some are SO low as to admit
license classifications, such as Registered Barber Ap-
unqualified persons; in all likelihood both situations
exist.
prentice, Barber, and Barber College Instructor, or
multiple narrow specializations at the same level, as
Recommended General Criteria
the many license classes of contractors. In some cases
these distinctions are necessary and justified, but in
Recognizing that special situations will need to be
accommodated and that a measure of flexibility is
many the result is a hardship on rather than a pro-
desirable, the following criteria are recommended for
tection to the public, requiring the employment of
general observance. Significant deviations from these
several persons or firms to provide a service that one
by a board should be permitted only where the justi-
might do as well and more economically.
fication is persuasive, and only with legislative sanc-
tion or the approval of the Director, Department of
Recommendations
Professional and Vocational Standards.
Within a given profession or vocation the number
1. Examinations developed or approved by na-
of license categories should be held to the minimum
tional professional associations and used in a
essential to protect the public interest. Generally, the
number of states should be used in California
public is adequately protected if the licensee meets the
unless substantial evidence exists that their use
basic qualifications for professional or journeyman-
would not provide the public a reasonable pro-
level performance in the field. Individuals may spe-
tection. Where such national examination does
cialize within that field but separate licensing should
not exist, the subject matter coverage and gen-
eral content of examinations should be deter-
not normally be necessary-the single license for
Physician and Surgeon, regardless of specialty, illus-
mined by the licensing board and the examina-
trates the preferred approach.
2 License and Examination Policies and Procedures, Department
of Professional and Vocational Standards, August, 1966.
16
AN EXAMINATION OF THE
tions constructed by specialists and finally
character both for applicants and for persons holding
approved by the board.
licenses. Because code provisions are vague, inconsis-
2. The Department of Professional and Vocational
tent, and unevenly applied, many persons suffer un-
Standards should provide a central testing serv-
necessarily.
ice for all licensing agencies in the Department.
Recommendations
This would include, as appropriate, test con-
struction, administration, and grading as well as
1. The provisions in the several licensing acts im-
general examinations consulting services. Such
posing good character requirements should be
could be provided by a staff unit within the de-
made more consistent and what constitutes "good
partment or under an agreement with the State
moral character" explicitly defined. The depart-
Personnel Board or outside organizations offer-
ment should request of the Attorney General a
ing these kinds of services.
definition of "good moral character" for uni-
3. Wherever feasible, written examinations should
form application in the licensing programs.
be constructed SO as to permit economical ma-
2. Individual boards should set clear policy guide-
chine processing and grading.
lines to aid staff and hearing officers in applying
4. Performance portions of examinations which
the good character requirements.
cannot be evaluated validly by the central ex-
aminations staff should be conducted by quali-
THE ENFORCEMENT PROCESS
fied licensee "commissioners" or, if this is not
The second major element of a program of licens-
feasible, by licensee members of the board func-
ing a profession or vocation-the first being control
tioning as an examining committee.
of entry-is the provision of required supervision
5. Oral examinations should be used only as tests
over the licensed group. The purpose is to obtain
of individual competence and qualifications, as
compliance with the provisions of law, and regula-
are written examinations.
tions issued thereunder, regarding licensee activity
6. Boards should fix passing grades both for locally
and conduct. This is a combination educational and
prepared and for national examinations used in
disciplinary process with emphasis more on seeking
the State, after consulting with and receiving
voluntary compliance than on punishing offenders.
the recommendations of the central testing serv-
The varied approaches taken by licensing boards to
ice (proposed in Item 2 above).
achieve compliance have already been noted: for ex-
7. An unsuccessful candidate should be given an
ample, the inspectional programs, informal arbitra-
tion between a licensee and a client, or the issuance
opportunity to review his test paper and receive
of oral or written warnings by boards or their staff.
an explanation of any question in doubt; the
board should hear and resolve those protests in
The resort to proceedings under the Administrative
Procedure Act is the course usually taken when less
which its staff is unable to satisfy the individual.
severe enforcement measures fail or when the offense
8. Each board should cause to be prepared a sum-
is of a serious nature. Readiness to invoke these pro-
mary report on each examination given, includ-
ceedings varies widely among licensing boards, in part
ing information on the numbers passing and
because of the particular nature of the licensed ac-
failing, and make the report available to any
tivity and in part because of differing board philoso-
participant on request.
phies as to how compliance can best be obtained.
9. The boards should, in consultation with the Di-
Several elements of the enforcement process de-
rector of Professional and Vocational Standards,
serve special consideration for they pose basic ques-
develop a uniform policy on the granting of
tions of assuring adequate public protection. At issue
partial credit and the privilege of retaking ex-
is the concentration of authority at one point, i.e., the
aminations; this policy could permit variations
licensing board. Matters of administrative cost and
to meet special situations.
expeditious processing of actions are also involved.
10. The code provisions and board policies regard-
The frequently made complaint of extended delays
ing reciprocity should be liberalized to permit
in obtaining a decision on an application, appeal, or
licensees of states maintaining qualification
enforcement action reflects the need for speeding up
standards comparable to California's to obtain
their processing.
California licenses without examination or wait-
ing periods.
Receipt and Processing of Complaints
The effect of the application of these recommended
In those enforcement programs not including reg-
criteria would be to relieve the boards of time-con-
ular inspections of licensed premises heavy reliance
is placed on the public "complaints" regarding li-
suming duties of a recurring and technical nature
censee performance. Even where establishment in-
and free them for the policy and deliberative func-
spections are systematically conducted, complaints
tions which they best perform.
from the public are the only avenue through which
certain aspects of licensee conduct become known to
Good Moral Character Requirement
the licensing agency. Most often the individual di-
It was earlier noted that requirements for most,
rects his complaint to the concerned board, but in a
but not all, license groups include one of good moral
number of instances he communicates with the De-
DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS
17
partment, the Governor, or a legislator. Some boards
civil service list, and (b) the successful functioning
receive SO few citizen complaints as to suggest that
of present Division personnel in a number of license
the nature of the profession, vocation, or business is
areas. The advantages that accrue from the speciali-
such that licensing is not needed for public protec-
zation of investigative personnel assigned to a single
tion, or that the public is not aware of the protection
board are offset by the likelihood of bias, particu-
available to it. In a great many instances the person
larly when they are responsible to a group of repre-
is complaining of a licensee action or behavior not
sentatives of the industry or profession regulated. To
a matter of board jurisdiction-alleged excessive
the extent that specialized investigators are needed
charges or inferior performance are the most com-
for particular types of cases, they are better placed
mon. Some boards proceed in an informal way to
in a central unit independent of the particular in-
deal with these by at least informing the involved
dustry or profession.
licensee of the complaint; others simply notify the
complainant of their lack of jurisdiction. Few boards
Recommendations
take a sufficiently orderly approach to the recording,
1. All licensing agencies in the Department of Pro-
review, and analysis of complaints to provide infor-
fessional and Vocational Standards should utilize
mation needed for enforcement policy or code provi-
the services of the Division of Investigation.³
sion evaluation.
2. To the extent necessary or desirable, subject
Recommendations
matter specialization of a portion of the staff of
the Division of Investigation should be accom-
1. The several licensing boards and the Depart-
plished.
ment should jointly study the present complaint
procedures and seek agreement on a uniform
Legal Services
method of processing complaints; the possibility
Two of the present licensing boards-Dental Exam-
of a central complaint recording and screening
iners and Funeral Directors and Embalmers-
service should be considered. The need to accel-
engage their own counsel; all others use the Office of
erate the processing must be stressed.
the Attorney General and, to a very limited extent,
2. Boards should publicize, by all reasonable means,
the legal staff of the Department. The latter, com-
their role of receiving and considering com-
prised of two persons classified as Administrative
plaints and the kinds of licensee acts or per-
Advisers, give advice and counsel on varied legal
formance prohibited by code provision and
questions referred to them, but do not represent
board regulation.
boards in actions taken under the Administrative
3. Licensees should routinely be notified of com-
Procedure Act. The service given by the Attorney
plaints concerning them whether or not the al-
General is on request of the individual boards and
leged action constitutes a punishable offense.
consists of
Inspectional and Investigative Services
1. Advice on varied legal questions such as inter-
pretation of code provisions, drafting of regula-
Approximately two-thirds of the licensing boards
tions, and any other matters requiring advice of
rely exclusively on the central Division of Investiga-
counsel
tion for inspectional and investigative services, the
2. Advice on specific cases as to the sufficiency of
remaining one-third retain their own staff for this
evidence to proceed under the Administrative
work, at times calling on the Division for assistance.
Procedure Act or to effect other disposition
This difference in approach cannot be explained on
the basis of the kind of profession or vocation regu-
3. Preparation of accusations and statements of
lated. For example, the Board of Medical Examiners
issues and representing the boards at hearings
uses the Division, whereas the Board of Dental Ex-
under the Administrative Procedure Act
aminers does not; the Structural Pest Control Board
4. Representing boards in cases heard on appeal or
does, the Contractors' Board does not.
otherwise in the regular courts
The advantages of a central unit to serve all licens-
The costs of these services has from time to time
ing agencies are of two kinds, objectivity and econ-
become an issue-in the fiscal year 1965-66 these
omy. Having inspections and investigations performed
by persons not under the immediate control of a board
costs amounted to a total of nearly $500,000. The At-
comprised almost exclusively of licentiates gives an
torney-General bills each board on a fixed all-inclu-
added assurance to the complainant and the public
sive hourly rate of $14.25 for professional time de-
of objectivity or freedom from bias. The economies
voted to board affairs. Here, as in relation to other
of a central service with personnel trained in inves-
major elements of enforcement activity costs, concern
tigative techniques supplemented by specialized train-
is expressed that a board's ability to pay-based on
ing in several subject areas, functioning out of
its special fund income-may influence decisions as
regional offices, are obvious and have been demon-
to whether to take no disciplinary action or to dis-
strated by the present Division. The contention that
pose of a case informally without permitting con-
each licensed group is unique, requiring specialized
investigative personnel, is disproved by (a) the fact
sideration of license suspension or revocation.
that most such personnel are taken from the same
8A Commission-proposed bill introduced in the 1967 session to
accomplish this failed of adoption.
18
AN EXAMINATION OF THE
Suggestions have been made that, as an economy
would be contingent on providing the necessary pro-
measure, the Department enlarge its legal staff to
tection to the individual licensee and to the public
perform the services now provided by the Attorney-
served by the licensee. Should this be possible, the
General. This would be possible and desirable in re-
use of the informal hearing is recommended. The
spect to items 1 and 2 above, but not items 3 and 4.
decision as to whether or not to follow this course
The Attorney-General with offices in Sacramento,
and the types of cases to be SO processed should rest
San Francisco, and Los Angeles, where most hearings
with each board.
are conducted, has staff resources and flexibility the
Department could not effectively or economically
ORGANIZATIONAL AND ADMINISTRATIVE
duplicate. There are indications that the executive
ARRANGEMENTS
officers of several of the boards seek Attorney-General
Under present arrangements it is accurate to state
advice on matters they themselves should be able to
that the authority of the Director of the Department
resolve or which could more economically be handled
of Professional and Vocational Standards is in part
by referral to the administrative advisers in the De-
indirect and dependent upon his powers of persua-
partment for advice. The retention by individual
sion and, secondarily, on. the ability of the central
boards of their own counsel is ill-advised both from
staff units to provide services to attached licensing
the standpoint of cost and resultant absence of an
agencies that are superior or more economical than
independent source of advice as an added asusrance
the boards can provide for themselves. It was noted
of public interest representation.
earlier that the Director possesses greater legal author-
Recommendations
ity than he has been willing in the past to use. The
boards' relationships vis a vis the department is
1. Individual licensing boards should not engage
therefore the central administrative issue.
their own legal counsel.
2. All licensing boards should utilize the in-house
Board Composition
department counsel for all legal advice other
How a board is constituted, in terms of special
than representation at hearings under the Ad-
(licensee) and public interest representation, has a
ministrative Procedure Act and litigation in the
direct and critical bearing on the nature and extent
courts.
of the authority properly assignable to it. Also in-
3. The services of the Office of the Attorney Gen-
volved is the question of economy and effectiveness
eral should be used in all hearings under the Ad-
in administering the program, and this introduces the
ministrative Procedure Act and litigation in the
consideration of the relative merits of central versus
courts.
decentralized staff and facilitative services.
Informal Hearings
Board Membership. It is obvious that a board
charged with the licensing of a profession must in-
As a means of speeding up action on disciplinary
clude members fully knowledgeable in that profes-
cases, and reducing their administrative cost, various
sion. Their expertise is essential in determining such
proposals have been advanced for some form of
matters as qualification standards, examination con-
informal hearing short of proceeding under the Ad-
tent, practitioner performance, and ethical behavior.
ministrative Procedure Act. One under current con-
Normally this means that the members will themselves
sideration would permit such proceedings by licensing
be licentiates of the board. It can be assumed that
boards with the consent of the parties concerned
most persons selected from the profession to serve
and would empower the board to impose sanctions,
on such a board will have stature in their profession
including fines. Should the licensee not accept the de-
and will be sufficiently broad-gauged to be cognizant
cision he could request a formal hearing under the
of the public interest as well as that of the profes-
Administrative Procedure Act.
sional group. It is however unreasonable and unfair
Several of the boards now follow a policy of issuing
to expect them to be completely objective in their
informal warnings or instructions to comply to
outlook.
licensees found guilty of a technical violation or
In 1961, the legislature recognized this problem by
minor infraction of a code provision; several also
adding one public member to each of the boards which
observe a practice of calling the licensee before the
prior to then were comprised exclusively of "in-
board to discuss his actions and obtain compliance.
dustry" representatives.⁴ All of the boards now rec-
The Contractors' License Board through its staff
ognize the value of the public member in his offering
personnel seeks to bring complainants and licensees
a differing viewpoint or perspective; however, as a
to an agreement-as do several other boards, but
minority of one in a board comprised of five to
to a lesser extent-where fulfillment of contract or
twelve members, his ability adequately to represent
workmanship is at issue. The current proposals ex-
the public interest is subject to question.
tend this approach to authorizing the imposition of
The argument against the addition of more public
sanctions.
or nonindustry members rests on the alleged need for
Recommendations
4
An exception to this is the Board of Chiropractic Examiners
which was created by initiative measure in 1922; all five
The feasibility of introducing this type of pro-
members are licentiates. The 1961 statute adding the public
ceeding into the licensing enforcement program
member did not apply in this case in that a vote of the
people is required to alter the Board's composition.
DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS
19
board members to be fully conversant with the pro-
4. Wherever feasible, there should be representa-
fession or industry if they are to participate signifi-
tives of professions closely allied to the one be-
cantly in certain of the present board activities; the
ing regulated.
fixing of educational and experience standards for
5. Letters of appointment to membership on boards
entry into the profession and the preparation and
should emphasize that each board's activity is
conduct of examinations are the activities most fre-
a part of a much broader program of licensing
quently cited. This argument is not fully persuasive
and the board is an integral part of the Depart-
in that alternatives to prevailing methods of board op-
ment, not an autonomous, self-contained entity.
eration are available. These include use of nationally
set standards, examinations prepared or approved by
It is appropriate at this point to restate the general
national professional associations, examining "com-
criteria for board creation and membership that were
missions" or committees of board members and others
developed in the earlier study by this Commission.⁶
who are licentiates, and outside consultants. Each of
1. Appointments to statutory boards or commis-
these techniques is now being used by one or more
sions in the executive branch should be made by
boards. These are discussed in a subsequent report
the Governor.
section.
2. The number of members should not normally
Another method of broadening the interest base
exceed seven, with a lesser number on adjudi-
of board membership-other than the addition of
cative bodies.
more public members-would be the ex officio mem-
3. Terms of office should be definitely fixed, pref-
bership of the Director of the Department or his
erably at four years.
designee. This would have the added advantage of
permitting improved departmentwide coordination
4. Members should not receive compensation (other
and introduce a kind of management expertise that
than for full-time service but should receive
is now lacking on many boards which are frequently
ample expense allowances.
called upon to decide matters having significant ad-
5. Members should be selected first on their ability
ministrative ramifications. An unsuccessful effort was
to represent the general public interest and only
made in the current legislative session to authorize
secondarily on their special knowledge of the
this-in a Commission-proposed bill. The point has
subject area.
not been clearly made that the Director of the De-
6. Beneficiary or special interests may be repre-
partment has actually been denied the right to sit
sented, but only when the need for their special
with boards in their "executive" sessions-even as a
knowledge or support is clearly demonstrated
non-voting observer. It is difficult to see such
and then only as a minority of the membership.
an arrangement as being in the public interest, or
consistent with good government practice.
All of these are recommended for licensing boards
with the exception of the minority membership pro-
Another technique for achieving a more balanced
vision in Item 6.
board is that represented by the present composition
of the Board of Vocational Nurse Examiners. Of its
Business Versus Professional Licensing Boards.
eleven members, seven are licentiates and four are
In considering how much and what kind of authority
representatives of allied professions and vocations—
should rest with a board, a distinction must be made
a physician, a registered nurse, a hospital administra-
between boards engaged in the licensing of a profes-
tor, and a school administrator. In this case it has
sion or vocation and those regulating a business or
worked well and there would seem to be considerable
industry.
merit in extending its use to other licensing areas;
In the former, the major emphasis is placed on set-
for example, cross-representation of architects, pro-
ting educational, experience, and character require-
fessional engineers, and contractors on their respective
ments and testing or measuring applicants against
boards would bring together representatives of major
these, and on assuring the observance of standards of
segments of a total industry whose interests are re-
compliance and professional conduct by licentiates.
lated but not identical.
These standards are best set with major participa-
tion by the profession concerned. In the regulation
Recommendations
of a business, on the other hand, the possession of
1. A majority of the members of a board licensing
professional and technical qualifications by the appli-
a profession should be drawn from the profes-
cant as a pre-condition to obtaining a license either
sion being regulated. 5
is not a factor or those qualifications are limited to
2. The Director, Department of Professional and
proof of financial assets, good character, understand-
Vocational Standards, or his designee, should
ing of the laws relating to the business, and the like.
serve as an ex-officio member of each board.
Also, the public is being protected primarily against
3. On each board licensing a profession, there
fraud or misrepresentation rather than incompetent
should be a minimum of one public member not
practitioners. Here it would not be in the public
a licentiate of any Professional and Vocational
interest to place authority in the hands of the in-
Standards licensing agency.
dustry.
6 The Use of Boards and Commissions in the Resources Agency,
5 See the next report section for the distinction between the
Commission on California State Government Organization
licensing of a profession and a business activity.
and Economy, April, 1965.
20
AN EXAMINATION OF THE
Recommendations
dividual board preferences. In another section of
1. Boards involved in the licensing of professions
this report recommendations are presented which if
and vocations should have policy and regulatory
adopted would relieve many of the boards of much
authority.
of the detail or staff-type work now performed by
board members. The most appropriate role of the
2. Boards involved in business licensing which meet
boards is determining the subject matter on which
the criteria set forth in this report should be
applicants will be tested and the type of examina-
regulatory and a majority of the members
tions to be given, approving examinations prepared
should be non-licensees.
by specialists, setting the time and place, participat-
The discussion that follows relates only to the first
ing as necessary in the conduct of performance tests,
type of board-one which regulates a recognized pro-
and considering appeals or protests received from
fession or vocation-or business licensing boards with
various sources. This role would be consistent with
non-licensee majority membership.
the general criteria that boards function in a policy,
regulatory, and adjudicative capacity avoiding wher-
Professional Licensing Board Authority and Functions
ever possible the performance of administrative or
It was found in the earlier study made by this
technical duties.
Commission that a board functions most effectively
Regulation and Enforcement. Licensing acts to
in the areas of policy formulation, rule-making,
varying degrees prescribe specific kinds of behavior
and adjudication. That finding applies with equal
or actions on the parts of members of licensed groups
force to professional licensing boards. In the para-
which are cause for discipline, including license re-
graphs that follow these criteria are applied to the
vocation. Similarly, code provisions either prohibit
specific steps in the total licensing process. It is as-
practice in the profession or vocation by non-licensees
sumed that the boards would be constituted as pro-
or prohibit their use of the licensed titles. Usually
posed above, with fully adequate public (and depart-
the boards issue regulations or rules interpreting or
ment) representation.
applying the provisions of the code and set policies
Setting Scope and Content of a Licensing Pro-
for staff guidance. These are proper board functions.
gram. It is essentially a legislative responsibility to
All boards in the Department of Professional and
determine the basic content of a licensing program
Vocational Standards are required to observe the Ad-
and to review and modify this from time to time.
ministrative Procedure Act in taking any formal dis-
The legislature expects guidance and logically looks
ciplinary action, in which cases the boards function
to the Department and its boards for this. Further,
in an adjudicative role, either sitting with the hearing
within the broad provisions of the legislation author-
officer or receiving and acting upon his proposed de-
ity must be delegated for developing and implement-
cision. This also is a proper board activity. There
ing policies consistent therewith. In their particular
are major variations among boards in the extent to
areas of competence the boards are the logical recip-
which they enter into enforcement and disciplinary
ients of such a delegation.
activities short of resorting to the Administrative
Procedure Act. These, considered elsewhere in this
Establishing Licensure Requirements. The fixing
report, are generally categorized as efforts to achieve
of those standards of professional or vocational edu-
licensee compliance through education or the applica-
cation, training, and experience an applicant for
tion of informal disciplinary measures.
licensure must meet, or interpreting those fixed by
code, can best be done by the boards. The basic re-
Recommendations
quirements should appear in the licensing code. Re-
In general, licensing boards should be policy, rule-
quirements of citizenship, residence, age, character,
making, and adjudicative bodies. More specifically,
and others of a nature not unique to the particular
they should:
profession are best fixed in general licensing code pro-
visions with maximum feasible uniformity for all
1. Develop, in consultation with the Director, De-
groups-some exceptions may be required.
partment of Professional and Vocational Stand-
ards, the scope and content of the licensing
Processing Applications. The processing of appli-
program for review and enactment by the legisla-
cations-assuming clear and definite standards are
ture.
set-is a matter of routine best performed by staff
with board involvement only in doubtful cases as
2. Interpret licensing code provisions in their par-
referred to it by staff. Rejections based on failure
ticular areas of competence and develop policies
to meet good character requirements should, as now,
and regulations for implementation of code pro-
be conditioned on the right of the applicant to re-
visions.
quest and obtain a hearing under the Administrative
3. Consistent with the licensing code, set education,
Procedure Act.
training, and experience requirements for entry
Examinations. It has already been noted that wide
into the profession or vocation. (Requirements
differences now exist among boards as to the degree
of citizenship, residence, character, and the like
of board member participation in the several steps
should be fixed in general licensing code pro-
of the examining process-differences that can for
visions with allowance for exceptions in unusual
the most part be explained only on the basis of in-
situations.)
DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS
21
4. In the examination process, and consistent with
than is proposed in this report. The recommendations
previous recommendations for use of national
that follow are directed towards the achievement of
examinations, where possible boards should:
improved performance of basically staff or house-
(a) Determine subject matter coverage and gen-
keeping services, retaining with the boards their au-
eral content.
thority to set and enforce policies and standards.
(b) Decide the type of examination to be used.
(c) Approve examinations prepared by staff or
Recommendations
specialists.
1. For purposes of continuing liaison, the several
(d) Fix regular times and places for giving
licensing agencies in the Department should be
examinations.
grouped as (a) healing arts and related, (b)
(e) Participate to the extent necessary in the
construction and related, and (c) business and
conduct of performance tests.
other, and a deputy director assigned to each.
(f) Review results and, in consultation with ex-
Logically, these deputies would serve as mem-
amination specialists, set passing grades.
bers of the boards, representing the Director,
(g) Hear and decide appeals or protests regard-
should the recommendation that the Director be
ing the general validity of examinations.
a member ex officio of each board be accepted.
5. Establish enforcement and disciplinary policies
Alternatively, each deputy should attend the
and regulations.
regular meetings of the boards in his area of
concern.
6. Recommend to the Legislature specific causes for
license suspension and revocation.
2. The Department and the boards should jointly
carry out intensive studies of code provisions in
7. Resolve enforcement problems-general and spe-
an effort to acheive a greater uniformity or con-
cific-referred by staff and others.
sistency in licensing requirements common to all.
8. Sit with hearing officers on cases where profes-
Any proposals for code revision originating with
sional incompetence or negligence is alleged.
a board should be submitted to the Director for
9. Review and make final decision on hearing officer
review and comment prior to submission to the
recommendations.
Legislature.
3. The Department's administrative analysis sec-
Department-Board Relationships
tion, as well as such service units of central
The organization of the Department of Professional
staff agencies, should be used to better serve
and Vocational Standards and its jurisdiction over
the boards in the development of more economi-
and services to the individual licensing boards has
cal and* effective administrative procedures and
been the subject of repeated study. Invariably, the
work methods.
recommendations center around the degree or extent
4. There should be created a central testing service
of authority that should rest with the Department.
to provide to all boards the kinds of specialized
The boards, understandably, resist what they view as
services proposed elsewhere in this report.
improper external interference into their affairs and
5. The services of the Office of Administrative Ad-
are reluctant to give added authority to the De-
viser should be expanded to provide legal coun-
partment. The case for strengthening the role of the
sel to all boards, short of those of the Attorney-
Department rests on considerations of economy and
General in connection with formal proceedings.
protection of the broad public interest through a
degree of control over individual profession or in-
6. All inspectional and investigative personnel
dustry dominated licensing programs. There is gen-
should be transferred to the Department's Divi-
eral agreement that boards are needed, but almost no
sion of Investigation, which would then serve
agreement on what, specifically, their relationships
all licensing agencies in the Department.
with the Department should be.
7. In the interests of economy and improved service
In the preceding report section recommendations
to the public, those processes susceptible to me-
are offered regarding what are considered appropriate
chanization should be standardized and pro-
board functions; what follows assumes the general
grammed for the Department's data processing
acceptability of those recommendations. If there is
equipment. A recent study made by outside con-
to be a Department, it must have some role other
sultants points to a possible annual savings of
than that of offering advice and services to a group
$400,000 by a further mechanization of routine
of essentially autonomous entities. Much has been
clerical operations. The equipment and systems
accomplished in the past through the willingness of
employed should be compatible and consistent
the several boards to cooperate in the support and
with what is planned elsewhere in the State
use of common staff services. Boards have, and rightly
Government.
so, insisted that before agreeing to transfer certain
Financing of Licensing Programs
staff activities to a central unit they be assured of a
more economical or effective service. Assuming a con-
As noted earlier, with the single exception of the
tinuation of this attitude, there is no need for any
Athletic Commission the operations of each licensing
more substantial modification of the present organi-
agency are fully financed from fees collected for
zation structure and department-board relationships
examinations and license issurance and renewal. There
22
AN EXAMINATION OF THE
is wide variation in the fees assessed, ranging from a
process for ultimate legislative approval. Being spe-
few dollars to more than $100 for original issuance
cial fund activities, the executive and legislative re-
and renewal. TABLE VI indicates that the annual
view is less meaningful than for general fund pro-
cost per licensee ranges from $3 to $278, the median
grams; however, some central control is exercised
falling around $25. The differences reflect such vari-
over staff positions, salaries, and other common items.
ables as thoroughness of the examination, intensity
Current special fund balances are shown in TABLE
of the enforcement program, number of licensees, or
VII. These range from modest to substantial. As noted
nature of the profession or business activity.
earlier, the several boards are assessed a pro rata
Fee schedules are commonly set by statute as not
share of the cost of departmental administration and
to exceed fixed amounts or as specified ranges within
services. These and Attorney General charges are
which limits the individual boards make specific
shown in TABLE VI.
ranges within which limits the individual boards
Because a state licensing program benefits the li-
make specific determinations based on operating
censed individual and group, as well as the public,
needs. Annual budget requests are submitted through
there is ample justification for charging fees for the
the Department and the regular executive budget
service. In most categories, but not necessarily all,
TABLE VI
LICENSING PROGRAM COSTS
(Fiscal Year 1965-66)
Departmental Charges
Attorney
General
Administrative
Licensing Body
General
Investigative
Charges
Procedure
Other
Total
Per Licensee
Accountancy
$26,298
$38,728
$12,427
$5,235
$269,659
$352,347
$13.23
Architecture
10,229
--
4,005
116,249
130,483
26.66
Athletic Commission
12,740
4,341
151,962
169,043
151.34
Barber
21,899
124,662
7,928
6,961
160,376
321,826
7.52
Cemetery
5,450
2,667
2,002
60,197
70,316
42.59
Chiropractic
8,409
21,479
2,537
2,150
67,981
102,556
22.21
Civil and Professional Engineers
34,860
1,117
115
443,189
479,281
9.71
Collection Agency
18,344
10,866
26,663
a10,988
93,678
160,539
278.71
Contractors'
139,166
178,996
*134,482
1,552,696
2,005,340
21.63
Cosmetology
44,702
181,791
37,191
25,330
345,072
634,086
4.77
Dental Examiners
11,897
1,502
169,013
179,408
12.14
Dry Cleaners
24,021
128,589
9,599
1,027
143,359
306,595
15.34
Electronic Repair Dealers
15,592
96,468
6,864
4,359
120,123
243,406
36.14
Funeral Directors
7,123
763
523
88,983
97,392
21.77
Furniture and Bedding
45,712
292,520
3,049
1,731
231,300
574,312
24.02
Landscape Architect
2,055
2,334
689
781
22,352
28,211
38.12
Marriage Counselor
2,000
7,623
9,623
7.01
Medical Examiners
51,571
224,237
70,167
25,376
312,809
684,160
12.90
Licensed Physical Therapists
1,031
4,869
201
5,185
11,286
11.75
Registered Physical Therapists
1,326
4,869
42
219
8,214
14,660
6.06
Nursing Education
41,167
86,776
17,594
9,410
404,979
559,926
4.67
Optometry
5,142
10,650
6,791
*2,341
41,495
66,329
23.47
Osteopathic
1,848
1,000
91
161
10,791
13,891
34.38
Pharmacy
35,583
59,170
24,333
7,237
362,603
488,926
25.49
Private Investigators
8,677
44,042
9,349
4,818
45,770
112,656
136.72
Shorthand Reporters
2,337
1,438
470
--
22,165
26,410
20.79
Social Work Examiners
2,283
28,205
30,488
9.00
Structural Pest Control
34,479
127,521
38,649
25,934
246,053
472,636
119.29
Veterinary Medicine
3,629
9,352
3,654
1,587
31,005
49,227
19.60
Vocational Nurse
11,254
11,670
3,793
2,976
123,675
153,368
6.73
Psychiatric Technicians
226
1,500
113
16,894
18,733
3.21
Yacht and Ship Brokers
1,868
4,684
1,081
510
17,251
25,394
39.68
Total
$630,918
$1,491,215
$470,509
$282,410
$5,720,906
$8,592,854
a Budgeted amount-actual expenditures not available.
SOURCE: Quarterly detail expenditure report, Department of Professional and Vocational Standards, March 31, 1967.
DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS
23
TABLE VII
the fees should be set at a level that would cover
SPECIAL FUND BALANCES
the total costs of the program. It does not follow
Department of Professional and Vocational Standards
from this, however, that license fees from each ac-
tivity need or should be placed in a special fund.
Current Surplus
The existence of special funds unnecessarily compli-
cates the State's financial planning and control proc-
Actual,
Estimated,
esses and limits the effectiveness of executive and
Fund
F.y.1965-66
F.y.1966-67
legislative review of expenditure programs.⁷ Their use
in respect to licensing activities tends to fix artificial
Accountancy
201,165
259,197
limits on the scope of regulatory and enforcement
Architectural Examiners
364,963
298,522
Athletic Commission
programs and influence decisions in specific discipli-
nary cases. Rather than developing a program based
Barber Examiners
232,014
5,358
Cemetery Board
29,683
29,989
on actual needs, the tendency is to build the program
Chiropractic Examiners
80,153
79,836
around the amount of fees collected. The alternative
Professional and Civil Engineers
104,050
362,717
to this is to seek frequent legislative approval of
Collection Agency
12,882
8,750
changes in the fee schedules.
Contractors'
1,555,139
186,784
It is of interest to note that in many states licensing
Board of Cosmetology
556,745
900,420
programs are financed from general fund appropria-
Dental Examiners
242,267
137,290
Dry Cleaners
281,506
590,406
tions and fees collected accrue to the general fund.⁸
Electronic Repair Dealer
234,056
232,216
Recommendations
Funeral Directors and Embalmers
22,522
113,448
Furniture and Bedding
43,252
476,045
1. All licensing programs should be financed from
Landscape Architects
44,344
19,529
the general fund and all fees collected deposited
Bureau of Marriage Counselors
25,031
16,411
to the credit of that fund.
Medical Examiners
2,185,241
1,198,399
2. Fees should be set by the legislature at a level
Registered Physical Therapists
38,911
28,886
Licensed Physical Therapists
33,999
19,557
adequate to meet all program costs, except where
Nursing Education
237,469
170,637
such would place an undue hardship on a li-
Optometry Board
48,822
108,435
censed group.
Osteopathic Examiners
11,736
12,553
Pharmacy Board
285,368
100,765
As noted above, these recommendations are not
offered as a means of increasing State revenues al-
Private Investigators and Adjusters
105,054
70,322
Certified Shorthand Reporters
60,695
86,675
though there would be a one-time transfer to the
Social Work Examiners
30,919
30,597
general fund of 6 or 7 million dollars. In those in-
Structural Pest Control
39,217
9,656
stances in which special fund surpluses are now build-
Veterinary Medicine
60,280
15,295
ing up, or where more efficient operating procedures
Vocational Nurse Examiners
155,205
317,940
are possible and proposed, present license fees could
Psychiatric Technicians
67,786
69,591
be reduced.
Yacht and Ship Brokers
44,669
37,430
7. The next major study of this Commission will be concerned
Totals (All funds)
7,435,143
5,993,656
with this subject on a state-wide basis.
8 New York, Illinois, Ohio, Wisconsin, Iowa, Delaware, Florida,
Georgia, New Jersey, Rhode Island, and Utah.
24
AN EXAMINATION OF THE
IV. RECOMMENDATIONS AFFECTING INDIVIDUAL LICENSING BOARDS
Many of the general recommendations appearing
there is no substantive difference between this and
in the preceding report section apply to all present
the regular barber category in terms of provid-
licensing boards and need no further interpretation.
ing a protection to the public.
Others have particular pertinence or applicability to
4. Reciprocity should be extended to barbers pos-
specific boards or require interpretation in light of
sessing valid licenses issued by other states hav-
present organizational arrangements and operating
ing standards comparable to California's.
practices. In some instances, exceptional circumstances
5. The program of fixing minimum prices for barber
suggest the need for flexibility in the manner in which
services should be discontinued as being contrary
general proposals or criteria are applied. These are
to the public interest.
set forth below.¹
6. The possibility of discontinuing the expensive
State Board of Accountancy
program of periodic, routine, inspections of bar-
ber shops should be explored and the alternative
1. The investigative staff of this Board should be
of sanitary inspections-should these be neces-
transferred to the Division of Investigation. Al-
sary-by city and county health departments
though certain of the investigations performed
considered.
require a knowledge of accounting, this is also
true of investigations conducted for several
Cemetery Board
other licensing boards. A pooling of these spe-
cially qualified personnel in the Division of In-
1. The Cemetery Board should be combined with
vestigation would permit their more effective
the Board of Funeral Directors and Embalmers.
utilization.
2. The license category of Cemetery Salesman
2. Consideration should be given by the Board of
should be discontinued. The examination is mean-
Accountancy to the possible need for state li-
ingless and Cemetery Brokers are or can be held
censing of persons performing tax consulting and
responsible for the acts of their sales personnel.
bookkeeping services for the public.
3. The field auditor position on the Board staff
should be transferred to the Division of Investi-
State Board of Architectural Examiners
gation.
1. Consideration should be given to broadening the
base of representation on the Board to include a
State Board of Chiropractic Examiners
General Contractor and a Structural Engineer.
Because this Board was created by initiative meas-
2. The investigative staff of the Board should be
ure and can thus be changed only by vote of the
transferred to the Division of Investigation.
people, no recommendations are made herein.
3. The experience qualifications for candidates for
the Architect license, and their interpretation,
Board of Registration for Civil and Professional Engineers
should be reviewed. These appear unduly re-
1. Consideration should be given to broadening the
strictive when compared with requirements for
base of representation on the Board to include
entry into other professions.
a General Contractor and an Architect.
4. In light of the wide variations in the pass-fail
2. The investigative staff of the Board should be
ratios on different examination sections, an ex-
transferred to the Division of Investigation.
pert review of examination content should be
3. Reciprocity should be extended to presons with
made to the end of seeking greater equity.
current valid registration in other states having
State Athletic Commission
comparable standards; the present oral examina-
No special recommendations.
tion requirement should be dropped.
4. In light of the wide variations in the pass-fail
Board of Barber Examiners
ratios among the examinations for the several
1. The use of Board members in a full-time capac-
engineering specialties, an expert review of ex-
ity as examiners should be discontinued and re-
amination content should be made to the end of
quired examination personnel engaged as staff.
seeking greater equity.
2. Consideration should be given to combining the
Board of Barber Examiners and the Board of
Collection Agency Licensing Bureau
Cosmetology.
1. The status of this Board should be changed from
3. Consideration should be given to discontinuing
advisory to regulatory and the membership al-
the Apprentice Barber license category in that
tered SO that a majority of the members are
taken from outside the industry.
1 Somewhat detailed accounts of the present organization and
activities of each of the existing licensing agencies in the
2. The investigative or audit staff should be trans-
Department are contained in Part II-Present Activities
of Licensing Boards.
ferred to the Division of Investigation.
DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS
25
Contractors' State License Board
State Board of Dry Cleaners
1. The Contractors' State License Board should be
This Board and licensing program should be abol-
combined with the Structural Pest Control
ished. The program offers no significant public protec-
Board.
tion and as such constitutes an unwarranted inter-
2. Consideration should be given to broadening the
ference by state government into an ordinary private
base of representation on the new board to in-
business activity. Should this recommendation be ac-
clude an Architect and a Structural Engineer.
cepted, the State should notify local government ac-
3. The more than 90 specialty and limited specialty
cordingly SO that they could consider whether or not
license categories should be reviewed by the board
they wish to initiate a local inspection program.
and department with a view to reducing the
Bureau of Electronic Repair Dealer Registration
number. Such narrow specialization increases ad-
ministrative costs and cannot be justified in terms
The need for continuing this licensing activity is
of the public interest.
questioned. The program appears to have accom-
plished its original purpose of sharply reducing fraud-
4. The Board, rather than the Registrar as at pres-
ulent practices, for very few offenses are now being
ent, should receive and act upon proposed de-
discovered. Should the recommendation for eliminat-
cisions of hearing officers resulting from cases
heard under the Administrative Procedure Act.
ing this bureau be accepted, the State should notify
local government accordingly SO that they could con-
5. The Board's inspectional and investigative staff
sider whether or not they wish to initiate a local in-
should be transferred to the Division of Investi-
spection program.
gation; the informal "conciliation" service now
provided between complainants and licensees is
Board of Funeral Directors and Embalmers
an excellent one and should be continued.
1. This Board should be combined with the Ceme-
6. A thorough study should be made by the Board
tery Board.
and Department of present bonding requirements
2. The staff position of attorney should be abolished
-both the initial $1,000 bond and the penalty
and the Board obtain legal services from the De-
bond. It is doubtful if either the public or the
partment and the Attorney General.
licensee is now adequately protected.
3. The one-year apprenticeship requirement (in
California) for embalmers licensed by other
Board of Cosmetology
states as a pre-condition of taking the California
examination should be abolished. This provision
1. Consideration should be given to the merging of
is unique among the professional and vocational
this Board with the Board of Barber Examiners.
categories.
2. Reciprocity should be extended to persons having
4. Reciprocity should be extended to persons having
current valid licenses issued by other states with
current valid licenses issued by states with stand-
comparable standards.
ards comparable to California's.
3. The possibility of discontinuing the expensive
Bureau of Furniture and Bedding Inspection
program of periodic, routine, inspections of cos-
1. Consideration should be given to abolishing the
metic establishments should be explored and the
licensing program and assigning the true-label-
alternative of sanitary inspections-should these
ing enforcement responsibilities to the proper
be necessary-by city and county health depart-
state authority.
ments considered.
2. To the extent that health protection matters are
4. The present practice of scheduling formal hear-
involved, these should be made the responsi-
ings for license applicants who apparently do not
bility of appropriate health authorities.
meet the "good character" requirement without
Board of Landscape Architects
first giving the applicant an opportunity to with-
The Board of Architectural Examiners should be
draw his application should be discontinued.
requested to determine whether or not a need exists
Board of Dental Examiners
for the qualification licensing of landscape architects
as opposed to the present title-only licensing. If such
1. The national examination-now recognized in
need for qualification licensing is found, this licensing
more than 40 states-should be used in Califor-
function should be made the responsibility of the
nia and reciprocity granted. The present practice
Board of Architectural Examiners.
of Board members constructing, administering,
and grading examinations places an undue, and
Marriage, Family, and Child Counselor Licensing
unnecessary, work load on them.
This Board and licensing program should be dis-
continued. It does not provide an essential protection
2. The staff position of attorney should be abolished
to the public, the enforcement program being largely
and the Board obtain legal services from the De-
one of preventing non-licensees from using the title.
partment and the Attorney General.
This type of counseling is performed by many per-
3. The investigative staff of the Board should be
sons and groups-e.g., ministers, attorneys, social
transferred to the Division of Investigation.
workers, and personnel of charitable organizations-
26
AN EXAMINATION OF THE
who are not and need not be licensed. Should the
3. Reciprocity should be extended to licensees of
program be continued, it should be combined with the
other states having standards comparable to
social worker registration program.
California's.
Board of Medical Examiners
4. The present code restriction on the number of
branch offices a licensee can own and operate
1. To reduce the amount of time members must
should be removed. This does not offer any
devote to Board activities, increased use should
added protection to the public.
be made of technical staff and "examinations
commissioners" in the preparation and admin-
Board of Pharmacy
istration of examinations, even if additional ad-
1. Consideration should be given to the inclusion
ministrative costs are involved.
of a licensed Physician and Surgeon on the
2. The code provisions for the licensing of psy-
Board of Pharmacy.
chologists should be amended to give the Board
2. The alternative of using technical staff to pre-
of Medical Examiners specific authority to re-
pare and administer written examinations,
ject or modify recommendations made by the
rather than board members, should be adopted.
Psychology Examining Committee. At present
3. The inspectional staff of the Board should be
the Board has responsibility for the Committee's
reduced and greater use made of the Division
actions but lacks authority to influence them.
of Investigation in the pharmacy inspection pro-
3. The two groups of Registered Physical Thera-
gram. Several licensed pharmacist could be re-
pist and Licensed Physical Therapist should be
tained on the staff to perform selected inspec-
merged into one category under the continued
tions and investigations where professional
jurisdiction of the Board of Medical Examiners.
knowledge is essential.
4. The examination given by the National Board
4. Reciprocity should be extended to licensees of
of Podiatry Examination should be used in Cali-
other states having standards comparable to
fornia and reciprocity extended to persons li-
California's.
censed in other states having requirements com-
parable to those of California.
Certified Shorthand Reporters Board
Board of Nursing Education and Nurse Registration
Consideration should be given to abolishing this
Board and licensing program as not providing an
1. The jurisdiction of this Board should be ex-
essential protection to the public generally.
tended to include the licensing of vocational
nurses, as now administered by the Board of
Board of Social Work Examiners
Vocational Nurse Examiners. Either a Voca-
This Board and licensing program should be dis-
tional Nurse Examining Committee should be
continued. It does not provide an essential protection
created, advisory to the Board of Nursing Edu-
to the public, the enforcement program being
cation and Nurse Registration, or the group
largely one of preventing non-licensees from using
should be given direct representation on that
the title. Were the program to be continued, it should
Board.
be combined with the marriage, family, and child
2. At least one member of the Board should be a
counselor licensing activity.
licensed Physician and Surgeon.
3. The Board should be given clear jurisdiction
Structural Pest Control Board
over state licensing of all categories of nursing
This Board should be combined with the Contrac-
personnel. Consideration as to what new sub-
tors State License Board.
groups might require licensing in the future
should be the initial responsibility of this Board.
Board of Examiners in Veterinary Medicine
State Board of Optometry
No special recommendations.
1. This Board should be reconstituted as an exam-
Board of Vocational Nurse Examiners
ining committee under the Board of Medical
The licensing program of the Board of Vocational
Examiners or, alternatively, its membership re-
Nurse Examiners should be placed under the Board
vised to include at least one Ophthalmologist.
of Nursing Education and Nurse Registration. The
2. The examination composed by the National
category of Licensed Vocational Nurse should be
Board of Examiners in Optometry should be
continued.
used in California-in preference to the present
practice of board members preparing and ad-
Yacht and Ship Brokers Commission
ministering a separate examination.²
Consideration should be given to abolishing this
Board and licensing program as not providing an
2 During the course of the study, it was reported that the deci-
sion was made to use the national examination.
essential protection to the public generally.
PART II-PRESENT ACTIVITIES OF LICENSING BOARDS
STATE BOARD OF ACCOUNTANCY
candidates pass the entire examination on their first
Functions
attempt; 40 per cent pass at least one part. Approx-
The State Board of Accountacy was created by
imately 16 per cent of all candidates finally pass all
sections each time the examination is administered.
the Legislature in 1901 specifically to examine, license,
Applicants who have taken the examination in an-
and regulate the conduct of Certified Public Ac-
countants. In 1945 the function of the Board was
other state need not retake it in California, provid-
expanded to license Public Accountants for a limited
ing they meet all other California requirements.
period. Licensing of Public Accountants was closed in
Since a small proportion of applicants pass the
1946 and reopened for short periods in 1947, 1949,
examination on their intital attempt, no background
investigation is made of candidates for the examina-
1953, and 1955. No Public Accountants have been
tion. When a candidate finally completes the exam-
licensed since December 31, 1955, but the remaining
14,000 licenses are renewable. The number of licensed
ination and applies for a license, a thorough back-
ground investigation is then performed. The staff
Certified Public Accountants is currently 12,000. Al-
routinely recommends approximately 60 per cent of
though the initial qualifications of Public Account-
ants and Certified Public Accountants are different,
such applicants to the Board for approval, the re-
maining 40 per cent being admitted to the CPA
both are licensed to perform the same functions.
Qualification Committee for review. The Committee's
Organization
primary function is to evaluate the education and
experience of applicants. It may recommend to the
The Board is comprised of eight members ap-
Board that an application be denied, in which case
pointed by the Governor for four-year overlapping
the applicant may appeal to the full Board. The law
terms. Five members must be CPA's, two PA's, and
does not provide that the denied candidate has a
the eighth a public member. The Board is required, by
right to an administrative hearing, although in prac-
law, to appoint a Secretary-Treasurer and two com-
tice the Board does grant such hearings.
mittees-the Certified Public Accountant Administra-
tive Committee and the Public Accountant Adminis-
Enforcement
trative Committee. These two five-member committees
Most disciplinary actions result from improper
are empowered to investigate complaints involving the
statements by licensees in the opinion section of trans-
conduct of their respective licensees. The Board has
mittal letters accompanying financial statements.
also appointed a seven-member Certified Public Ac-
Such cases, which involve a question of professional
countant Qualifications Committee. This Committee,
conduct or ability, are referred first to either the
composed exclusively of CPA's, reviews the qualifica-
PA or the, CPA Administrative Committee. These
tions and experience of applicants for licensure to
determine that all meet the Board's standards. The
Committees review each case and, as a final action,
may simply explain to the licensee the nature of his
staff consists of 12 employees including an Executive
error. In more serious cases the committees recom-
Secretary and two special investigators.
mend an administrative hearing to the Board.
Licensing
Prior to establishment of the Division of Investiga-
tion, the Board had six full-time investigators. It
Since the Board no longer licenses Public Account-
now has two full-time investigators of its own, the
ants, its principle activity is now the licensing of
justification being that many investigations require
CPA's. As a subsidiary duty the Board approves the
a special competence in accounting. Formal investi-
formation of CPA and PA partnerships and the use
gations may result from complaints from clients,
of fictitious names by accounting firms.
other accountants, professional associations, and other
The basic qualifications for licensure as a CPA are:
sources.
age 21, citizenship or declaration of intention, good
moral character, graduation from a four-year college
STATE BOARD OF ARCHITECTURAL EXAMINERS
with a major in accounting or the equivalent, and
Functions
at least three years of public accounting experience.
Candidates may apply for and take the examina-
The Board of Architectural Examiners licenses ar-
tion prior to completion of the necessary experience
chitects and building designers and otherwise en-
and if successful, may be granted a license after
forces the provisions of Business and Professions
completion of the required experience.
Code governing the practice of architecture.
The Board uses a standardized examination com-
posed and graded by the American Institute of Pub-
Organization
lic Accountants and used by all fifty states. The
The Board is comprised of nine members of whom
examination is divided into four sections with a pass-
six are architects, two building designers, and one the
ing score of 75 being required on each section. A
public representative; all are appointed by the Gover-
candidate need not, however, pass the entire exam-
nor for four-year staggered terms. A Building De-
ination at one sitting; conditional credit is given for
signers Qualifications Committee, having as members
sections passed. In fact, only two per cent of all
three architects and three building designers, deals
(27)
28
AN EXAMINATION OF THE
with the registration of this group, its decisions
example, working for a governmental agency-
being subject to Board approval. The Board meets on
from qualifying. A deadline was set, and later ex-
an average of six times per year in regular session
tended to June 1, 1965, for persons applying for
and several times a year for the conduct of exam-
registration. The above-mentioned Examining Com-
inations or hearings. It is a policy and decision-
mittee processed the applications, recommending for
making body. The Board's staff includes the Execu-
or against registration to the Board of Architectural
tive Secretary, two special investigators, and three
Examiners. This process was completed with 1,300
office employees.
persons registered and there is no new entry into the
group. The Act further provides that a Registered
Licensing of Architects
Building Designer with eight years of approved ex-
To qualify for a "certificate" as an architect, a
perience may apply for an architect's certificate, and
person must possess eight years of training and edu-
request waiver of the examination other than the
cational experience in architectural work, be of good
structural design section. The Examining Committee
character, and pass an examination. Graduation from
now has before it several such requests but has not
a school of architecture accredited by the National
as yet undertaken their processing. The Act also re-
Association of Accreditation Boards is credited as
quires that the Registered Building Designers must
five of the eight years.⁷ This is not a requirement al-
apply for the architect certificate by the year 1971 at
though the great majority of applicants have this
which time their present registration program will
educational preparation. Experience to be counted
be discontinued.
as qualifying must have been in the office and under
Building Designers are required by law to associate
the supervision of a practising architect. This is eval-
with a registered civil or structrual engineer or li-
uated by the Board staff and all questionable ap-
censed architect in the design of certain types of
plications referred to the Board. Accompanying each
structures.
application are evaluations made by the architects
under whose supervision the applicant has been work-
Enforcement
ing. The experience must include all major aspects
The law does not require that a person be licensed
of professional practice.
or registered to practice architecture. Civil and struc-
The examination is in seven parts, five of which are
tural engineers may do anything an architect does
prepared by a national board and graded by the
other than identify themselves as architects. A non-
Educational Testing Service, Princeton, New Jersey.
licensed person may design specified types of build-
The remaining two parts which cover structural
ings or alterations, including most single-family
design and site development are prepared by the
dwellings. Local building codes frequently impose
California Board and used in twelve western states.
additional or special requirements in this regard as
An applicant can take certain sections of the exam-
do laws concerning public buildings. Close coopera-
ination after meeting five of the eight years of edu-
tion is maintained between the Board staff and local
cation. He is given credit for each section passed
building code enforcement agencies on matters of
and can re-take the sections failed as many times as
common interest.
he wishes. The per cent passing an individual section
Formal disciplinary proceedings against licensees
varies from perhaps 35 to 60. In the fiscal year 1965-
are infrequent. The code lists a number of causes for
66 there were 700 failures in 1,600 examinations.
discipline such as conviction of a felony in connection
Probably not more than 20 per cent of the appli-
with the practice of architecture, fraud, negligence,
cants pass all of the sections taken at one time. A re-
incompetence, and SO on, but in the past four years
view of applicant performance on recent examina-
only one case of this nature has gone through a
tions revealed that graduates of accredited schools
formal hearing under the Administrative Procedure
did much better than other groups and out-of-state
Act. Complaints are investigated by the two staff
applicants generally scored higher than those from
investigators and generally dealt with by the Board
within the state.
by issuance of a kind of warning letter-reportedly,
There are now 5,000 licensed architects in Califor-
compliance is quickly achieved. During the fiscal year
nia and roughly 300 new certificates are issued an-
1965-66, some 145 cases involving violations were
nually-more than in any other state.
S0 resolved.
The few instances of serious violations is in part
Registration of Building Designers
attributable to the close controls imposed by local
A 1963 Act of the Legislature provided for the
building code enforcement agencies. Complaints relat-
registration of persons who had for the previous five
ing to performance of architects in such matters
years been actively engaged in the design of build-
as contract fulfillment are not a matter for Board
ings as a principal means of livelihood and who
action.
possessed the equivalent of at least three years of in-
dependent practice in the State. This latter require-
STATE ATHLETIC COMMISSION
ment prevented many persons who had been doing
Background
building design work but not independently-as, for
Prior to World War I, boxing matches were banned
7 There are now three accredited schools in California-Univer-
in California but a referendum measure-backed
sity of California, University of Southern California, and
California Polytechnic Institute.
largely by veterans' organizations-legalizing boxing
DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS
29
and creating the State Athletic Commission passed
fenses as gambling and fraud. This is more a regis-
in 1924. A 1921 constitutional amendment gave the
tration than an actual licensing process, the purpose
Legislature authority to modify in any way the 1924
being the screening noted above and to be able to find
measure. The purposes of the state supervision of the
the people when misconduct is charged or takes place.
boxing business are to protect the participants
The registration fee for most categories is $5.
(boxers) and to prevent practices apt to attend events
Approval and Supervision of Boxing Matches.
on the outcome of which there is considerable gam-
Each program (a night of boxing events) must be ap-
bling.
proved in advance by the Commission staff. Special
Functions
forms are provided on which the promoter must iden-
tify himself, his license, the time and place, the con-
The Athletic Commission exercises close surveillance
testants in the various events, their managers, ar-
over boxing matches and, to a lesser extent, wrestling
rangements for dividing the purse, the weight of the
exhibitions, and licenses organizations and persons in
fighters, and SO on. The Commission staff reviews these
any way connected with these.
applications, verifying the fact that they involve peo-
ple who properly are licensed and that the boxers in
Organization
the several events are reasonably well-matched.
The Commission is comprised of five members ap-
Members of the staff or experienced persons en-
pointed by the Governor for four-year overlapping
gaged on a per-evening basis attend every boxing
terms. Members serve without compensation and need
event in the State. The inspector performs a number
not have any specific qualifications for appointment.
of functions at the scene: he watches the preparation
(The present Commission members include a physi-
for the fight, checks the box office tickets, assures him-
cian, an attorney, and three men with business back-
self that the men who are in the ring are the same
grounds.) The Commission adopts rules and reg-
ones who are listed on the advance notice, sees that the
ulations, grants exceptions thereto, appoints an
proper officials are there and the regulations observed,
Executive Officer, approves the budget, and hears
and at the conclusion of the evening verifies the box
complaints and appeals from actions taken by the
office sales and determines the amount of tax due the
staff. The staff, consisting of an Assistant Executive
State. The State receives five per cent of the gate and
Officer, a Chief Inspector, two Assistant Chief Inspec-
five per cent of all radio and television income.
tors, one Investigator, one typist clerk, and three
Supervision of Wrestling. The Athletic Commis-
stenographers headed by the Executive Officer, carries
out the policies and enforces the rules set by the Com-
sion also exercises supervision over wrestling, al-
mission.
though the degree of control is not comparable with
that over boxing. The law specifically precludes
Activities
wrestling exhibitions being called contests or matches,
stating:
Licensing of Clubs and Promoters. Anyone who
sponsors a boxing match, either as an organization or
"18607. As used in this chapter, 'wrestling
as an individual, must obtain a license from the Com-
exhibition' means a performance of wrestling
mission. An examination is not required but the ap-
skills and techniques by two or more professional
plicant must show good character and financial re-
wrestlers, to which any admission is charged or
sponsibility. The fee is $25 to $100 depending on the
which is broadcast or televised, in which the par-
size of the city in which the match is held, and bonds
ticipating wrestlers are not required to use their
must be posted-a $2,000 licensing bond, a bond in
best efforts in order to win, and for which the
the amount of the capacity of the house to cover possi-
winner may have been selected before the per-
ble refunds, and a bond of 75% of the capacity to
formance commences."
cover payment of contestants.
The wrestlers must obtain a license, but they do not
Licensing of Boxers. To be licensed a boxer must
need the same kind of protection a boxer does in that
be of good character, meet certain medical standards,
they are rarely injured and are not ordinarily young
and know his trade. The latter is determined by the
persons susceptible to exploitation. Others connected
man's fight record or by observation by a person des-
with wrestling events are also licensed, or registered,
ignated by the Commission staff, e.g., a licensed ref-
but no examinations are given.
eree. In general, California's standards are higher
than those of other states. The license fee is $5.
BOARD OF BARBER EXAMINERS
Functions
Licensing of Others. Managers and referees are
licensed by the Commission. Good character and suc-
The Board of Barber Examiners licenses barber col-
cessful completion of an examination covering the law
leges and instructors, barber shops, and apprentice
and rules and regulations of the Commission are re-
and master barbers. It also sets minimum price sched-
quired. Practically all other persons connected with
ules, county by county, on petition of the licensed
prize fighting - matchmaker, second, announcer,
barbers.
trainer, timekeeper, and box office personnel-are li-
censed, but without examination. Applicants are
Organization
screened as to good character by the staff securing a
The Board is comprised of five members, four of
rap sheet; particular attention is given to such of-
whom must be licensed barbers and the fifth a public
30
AN EXAMINATION OF THE
member. Three board members are employed on a
routinely check the licenses of the barbers working
full-time salaried basis and serve as examiners.⁸ Ap-
in each shop-there are code limitations on the ratio
pointment is by the Governor for four-year terms with
of apprentice barbers to master barbers. Failure to
a limit by law of three consecutive terms. The Board
sterilize instruments and use of the same towel on
meets on an average of once a month setting policy,
more than one person are among the more common
fixing minimum price schedules, conducting discipli-
sanitation violations; lack of cleanliness usually takes
nary action, and hearing various complaints. Staff
the form of unmopped floors, need for paint, and SO
work is performed by a secretary, who is also a li-
on. The Board, as a matter of policy, would like each
censed barber, and nine office employees.
shop to be inspected four times a year. In practice
the frequency of inspection is two to three times
Licensing of Barbers
annually.
The requirements for an apprentice barber license
The inspector prepares a report of inspection which
are the equivalent of a ninth grade education, gradua-
the owner of the shop signs and receives a copy. The
tion from a barber college-a course of study and
inspector may issue a notice of violation and follow
practice of approximately six months-and passage
up to see that the infraction is corrected. If reason-
of an examination which includes written, perform-
able progress is not made, formal disciplinary meas-
ance, and oral interview sections. To obtain a master
ures may be taken, either locally through the District
barber license the applicant must have at least 18
Attorney or through the State Board. Cases of a
months' experience as an apprentice working under a
serious nature are sent to formal hearing under the
master barber and pass a written examination which
Administrative Procedure Act, the Board normally
tests knowledge of the barber code and shop manage-
sitting with the hearing officer.
ment and a performance examination.
There are numerous complaints of persons cutting
A student on enrolling in a barber college must
hair without a license, usually in their homes, or of
register with the Board which seeks to establish his
licensed barbers performing work other than in the
"good character. If he is found to have been con-
barber shop where standards of sanitation cannot be
victed of certain offenses, e.g., use of narcotics or
maintained. Where these situations are found, the
crimes involving moral turpitude, he may be dis-
investigator seeks corrective action either directly or
qualified at this point, depending on the circum-
through the District Attorney.
stances.
During the 1965-66 fiscal year, approximately 1,700
Out-of-state applicants are allowed to take the
complaints were investigated and disciplinary action
master barber examination if they produce evidence
was taken in 174 instances (43,000 licensees). In
of having been licensed elsewhere for a period of at
nearly all cases the Board ordered supsension of the
least two years.
license for a specified period of time.
Licensing of Barber Colleges
Setting Minimum Prices
Anyone wishing to open a barber college must sub-
According to the law, if 75 per cent of the barbers
mit an application to the Board setting forth such in-
in a county petition the Board to set a scale of mini-
formation as: location, physical plan of the facility,
mum prices for the county it will do SO. If this has
the population in the service area (according to the
already been done, the Board will review and readjust
law, a college can be authorized for each 500,000 of
the schedule on the request of 51 per cent of the
population in a county, or 150,000 in a city), financial
barbers. In this process the Board first causes a cost
ability, the need for the college in the particular area
study to be made over a period of 30 days in which
in terms of number of barbers required, availability of
the shops maintain records of income and costs. The
students, a certification that the opening of the col-
Board then holds a public hearing in the county,
lege would not have an adverse effect on the business
usually attended by at least a quorum of the board,
in barber shops in the area, and, finally, that there are
but on occasion only by a single member. Any persons
a sufficient number of students interested in enroll-
wishing to appear at such a hearing are heard, fol-
ing. The application is reviewed by the staff for com-
lowing which the Board establishes the minimum
pleteness and then referred to the Board of Examin-
prices for that county. At present, nearly all of the
ers. The Board, after conducting a hearing at which
counties in the state have come under this provision.
the applicant appears and is questioned, either grants
Reportedly, shops in most counties charge above the
or denies the application. There are approximately 25
minimum scale. The only restriction is that they can-
licensed barber colleges in the State; tuition averages
not drop below it.
$325 to $350 for a six-month course.
CEMETERY BOARD
Enforcement
Function
In enforcing the barber code a regular program of
barber shop inspection is carried out by the Division
The Cemetery Board regulates and licenses ceme-
of Investigation. The inspectors are primarily inter-
teries, cemetery brokers, and cemetery salesmen, regu-
lates endowment care trust funds and administers the
ested in matters of sanitation and cleanliness but also
laws relating to mausoleum and columbarium con-
8 The Chairman (full-time) receives an annual salary of $8,900,
the two full-time members $8,400, and the Secretary $12,096.
struction.
DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS
31
Organization
truthfulness, and good reputation. Renewal and
The Board is comprised of six members appointed
original issuance fees are $10. There are approxi-
by the Governor and confirmed by the Senate for
mately 1,200 currently licensed salesmen.
four-year staggered terms. Five members must have
Written examinations for both cemetery brokers
had five years of experience in cemetery manage-
and salesmen include knowledge of the English lan-
ment immediately preceding their appointment; the
guage and elementary arithmetic, an understanding
sixth is a public member. The Board is required by
of cemetery associations and corporations and ceme-
law to meet twice annually but in practice meets on
tery operations, care and preservation of endowment
an average of four times each year alternating insofar
care and trust funds, and an understanding of
as possible between Northern and Southern California.
cemetery brokerage practice including business ethics
The staff consists of an Executive Secretary, a Field
and the pertinent provisions of the Cemetery Act.
Auditor, and two clerical personnel.
Endowment and Special Care Funds (Trust)
Licensing
The statues specify the amount which must be de-
Certificates of Authority. To operate a cemetery,
posited to establish an endowment care fund and the
a corporation must make application to the Ceme-
minimum amounts to be deposited for each grave,
tery Board for a Certificate of Authority and must
crypt, or niche sold or disposed of. The fund is ad-
show it is in a position to commence operation of a
ministered by trustees and must be invested in ac-
cemetery. Fees consist of a $100 regulatory charge,
cordance with the provisions of law with the income
a $200 initial filing fee and an additional filing fee
used only for the care and maintenance of the ceme-
with a maximum of $300 based upon time spent in
tery. An annual report is required, plus an inde-
investigation of the application. The staff of the
pendent audit by a certified public accountant. The
Board investigates the physical site, plans, specifica-
staff of the Board reviews these reports and audits
tions, and financing of the proposed cemetery; the
and makes such investigations as it deems necessary
character of the applicant, including its officers, di-
to secure compliance with the statutes.
rectors, shareholders, or members; compliance with
Mausoleum and Columbarium Construction
all laws, rules, regulations, ordinances, and orders
applicable to it, and makes a recommendation to the
The staff of the Board works with local building
Board. The Board calls the applicant to appear
officials to insure compliance with the construction
before it for questioning and determines whether or
requirements for mausoleums and columbariums to
not the applicant qualified. Renewal fee consists of
insure uniform, permanent, and durable construction.
$100 regulatory fee and $.15 for each interment made
during the preceding calendar year. The are approx-
Enforcement Activities
imately 180 licensed cemeteries, with several new li-
Examinations of trust funds are conducted by the
censes granted annually.
Board staff, trained in accounting, and investigations
Cemetery Brokers. The Board issues three types
are made concurrent with these examinations. In-
of cemetery brokerage licenses corporation, partner-
vestigations and disciplinary hearings commonly in-
ship, and individual. In the case of a corporation
volve alleged violation of the cemetery brokerage pro-
or partnership application, one or more of the of-
visions-e.g., misrepresentation in selling of plots-
ficers or partners must qualify in the same manner
and the improper investment or mishandling of trust
as an individual applicant. Requirements include
funds. All such hearings are conducted under the
proof of honesty, truthfulness, and good reputa-
provisions of the Admininstrative Procedure Act
tion, two years' licensing as a cemetery salesman
with the members of the Board sitting with the Hear-
or two years' general cemetery experience, and suc-
ing Officer. In fiscal year 1965-66 five such hearings
cessful completion of a written examination. The
took place, resulting in one license suspension. Serv-
original license fee is $100 and annual renewal $75
ices of the Bureau of Investigation are not used,
for all individuals and the first licensee of any corpo-
the Board staff doing the investigative work along
ration or partnership. If a corporation or partner-
with the trust fund examination activity as noted
ship has more than one agent named, $25 is charged
above.
for each additional agent. Surety Bonds are required
for all licensees except a corporation which also holds
STATE BOARD OF CHIROPRACTIC EXAMINERS
a certificate of authority. There are approximately
Function
138 licensed cemetery brokers and 26 licensed ceme-
Created in 1922 by an initiative measure, the
tery broker branch offices.
Board of Chiropractic Examiners licenses persons
Cemetery Salesmen. A cemetery salesman to be
to engage in the chiropractic profession and accredits
licensed must be in the employ of a licensed cemetery
chiropractic schools.
broker who is responsible for his activities as a ceme-
tery salesman. A non-renewable temporary license
Organizations
good for a period of three months is issued after a
The Board is comprised of five members appointed
preliminary check. A regular license is issued after
by the Governor all of whom are licensed chiroprac-
a further character check and passage of a written
tors. The staff consists of a Secretary, appointed by
examination. Applicants must show proof of honesty,
the Board, and three office employees.
32
AN EXAMINATION OF THE
Licensing
classifications of civil, mechanical, electrical, chem-
Applicants for a license must be graduates of an
ical, petroleum, metallurgical, structural, land sur-
accredited school of chiropractic medicine which
veyor, and engineer-in-training. It maintains a cur-
teaches a course of 4,000 hours (equivalent of 36
rent register of licensed persons and enforces code
months) covering certain specified subjects. An ex-
provisions and regulations governing professional
amination, prepared, administered, and graded by
conduct and activity.
members of the Board, is given twice yearly. Approx-
Organization
imately 30 to 25 per cent of the applicants taking
recent examinations failed to achieve passing grades.
The Board is composed of nine members, seven of
Licenses are issued persons from out-of-state if their
whom-by code provision-must be registered engi-
qualifications equal California standards and their
neers, one a licensed land surveyor, and one the pub-
state of residence extends reciprocity to California
lic representative. The Board makes extensive use of
licensees.
committees having from one to several members. The
The bases for denial of applications are essentially
full Board normally meets monthly, alternating be-
the same as for most other licensed professions—
tween Northern and Southern California, and per-
misrepresentation, offenses involving moral turpitude,
forms the functions of setting qualification standards
habitual intemperance, etc.
for examinations, reviewing the make-up of exami-
There are at present approximately 5,000 licenses
nations, acting on applications, interviewing ap-
in effect.
plicants, conducting oral examinations, grading and
reviewing examination papers, and setting various
Accrediting of Schools
kinds of rules and regulations consistent with legisla-
There are only two accredited schools in the
tive provisions. it hires the Executive Secretary and
State. The Board has adopted very specific and de-
reappoints him from year to year for one-year
tailed regulations to be observed by the schools and
periods.
exercises continuing supervision over their operation.
The staff totals 32, including clerical personnel,
specialized personnel engaged in the preparation and
Enforcement
grading of examinations, and six full-time investiga-
The Chiropractic Act and Board rules developed
tors. The Executive Secretary is responsible to the
thereunder list a number of grounds for disciplinary
Board for the supervision of all staff activities.
action and in some instances prescribe the limits of
Registration
authorized penalties. Of special concern are false or
misleading advertisment, use of the title of Doctor
Civil engineers and land surveyors, with certain
without indicating chiropractic, and engaging in
specific exceptions, must be registered or licensed to
treatment techniques-e.g. prescribing drugs-out-
practice their profession in the State. Those in other
side the chiropractic field.
engineering categories are not required to be regis-
The Board uses the services of the Division of In-
tered, but if they are not registered they are pro-
hibited from formally identifying themselves as
vestigation and observes the Administrative Proce-
dure Act. In the 1965-66 fiscal year 93 complaints
'consulting engineer,' professional engineer,' "in-
dustrial engineer," chemical engineer," and the
were received, 62 investigations conducted, 12 hear-
like.
ings held, and 4 licenses revoked. The more common
of the serious complaints involved alleged morals
Examinations are given at approximately eight-
offenses and abortions.
month intervals for registered engineers and midway
between each such examination one is given for engi-
BOARD OF REGISTRATION FOR
neer-in-training. The only qualifications for registra-
CIVIL AND PROFESSIONAL ENGINEERS
tion as an engineer-in-training are to be of good moral
character and to pass the examination. To register as
Background
a professional engineer, one must have six years of
The first legislation providing for the registration
experience acceptable to the Board and pass an exami-
of engineers, which dealt only with civil engineers,
nation. Although the engineer-in-training certificate is
was enacted in 1929. Chemical, electrical, mechan-
counted as the equivalent of four years of education
ical, and petroleum engineers were added in 1948
or experience, the Board normally requires that an ap-
and metallurgical engineers in 1965. Authority to use
plicant have three years of experience after receiving
the title "Structural Engineer" was restricted in
his EIT registration.
1933 to registered civil engineers who passed a sepa-
Examinations are prepared by outside experts hired
rate examination in this specialty. Land surveying
by the Board on a per diem rate of $40 to $50. They
licensing was transferred to the Board from the Sur-
are engineers and land surveyors who may be work-
veyor General in 1929.
ing for a state agency or private firm, are self em-
ployed, or teaching in a university. Normally, several
Functions
are asked to contribute portions of one examination,
The Board in administering the Civil and Profes-
each performing in the area of his particular specialty.
sional Engineers' Act and the Land Surveyors' Act
These questions come to the staff of the Board for re-
examines and licenses professional engineers in the
view and possibly modification and are then sent to the
DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS
33
Board where the members of the Board individually,
Board in 1929 and then transferred to the Secretary
according to their field of specialization, study and
of State's office in 1937. At this time there was an
pass on the questions.
autonomous policy-making board made up of indus-
The following figures are approximations of how
try representatives. In 1957 a Senate Committee be-
many applicants take each examination:
gan a study of the licensing board and determined that
EIT
3,000
the Agency's enforcement program was ineffective-
Civil
1,800
only three accusations were filed by the licensing
Mechanical
500
board against licensees during the entire period 1937-
Electrical
300
1959. As a result of the Senate committee's recom-
Structural
175
mendations the collection agency licensing function
Chemical
50
was completely reorganized by the Legislature in 1959.
Petroleum
16
Functions
Land Surveyors
250
The Collection Agency Licensing Bureau grants li-
The application fee for the EIT examination is $25
censes to collection agency offices and grants permits
and $40 for professional engineer, plus a $14 biennial
for individuals to work in the industry. The Bureau
renewal fee for the engineer's certificate.
also promulgates and enforces detailed regulations
The experience requirements for land surveyors are
governing the relationships between collection agen-
similar to those for civil engineer, one noteworthy dif-
cies and both debtors and their client creditors.
ference being that a land surveyor must be a U.S.
citizen.
Organization
To be granted authority to use the title "Structural
The bureau is an administrative division of the De-
Engineer, a person must have been a registered civil
partment of Professional and Vocational Standards.
engineer for at least three years and pass an addi-
It is headed by a Chief who is appointed by the Gov-
tional examination.
ernor and reports directly to the Director of the De-
The Board maintains a complete roster of all regis-
partment. The law provides that the Director may
tered engineers and licensed land surveyors, and pub-
delegate all of his related powers to the Chief except
lishes this annually in book form. An engineer or land
the authority to adopt or act upon the decisions of a
surveyor is required, in certain situations, to show his
hearing officer after a hearing under the provisions of
number on documents, survey monuments, and the
the Administrative Procedure Act.
like.
There is also a six-member Collection Agency Ad-
Enforcement
visory Board. The members are appointed for four-
year overlapping terms by the Governor and serve
When a person who is registered with the Board is
without compensation. One member must represent the
reported to have acted in an illegal manner, the Exec-
public and the other five must be actively engaged
utive Secretary will assign investigators to determine
as owners or managers of collection agencies. The
the facts in the case. The investigator reports to the
Board's statutory duties limit it to the provision of
Executive Secretary and, on approval by the Board,
advice and recommendations to the Director and the
takes his findings to the Attorney General. If the
Chief. The law provides that the Chairman of the
latter feels there is sufficient evidence for proceeding,
Board must call meetings at least four but not more
charges will be prepared and a hearing set. Hearing
than six times per year. Additional meetings of the
officers are used, there being an average of three or
Board may be held only with the approval of the Bu-
four cases a year that are carried through to a hearing.
reau Chief.
Some investigations are completed quickly; others
may require a year or more.
Licensing
Perhaps the most common infraction of the law is
The Board licenses all collection agency offices; re-
that of practicing civil engineering or land surveying
gardless of ownership, each physically separate office
without a license. In these cases the investigator nor-
must have an individual license. To qualify for a li-
mally takes his findings to the District Attorney in the
cense the applicant must: post a $5,000 bond with the
locality and asks him to proceed against the person.
Bureau; have a net worth of $7,500 of which $5,000
Rather than engage the services of the Division of
must be cash in the bank; and be of good moral
Investigation, the Board continues its long-established
character. If a corporation or partnership applies for
practice of employing its own staff of investigators
a collection agency license, each owner, member of
(six full-time). More have been requested, but denied
the Board of Directors, and major stockholder must be
in the budget review process by the Department of
of good moral character. A further requirement for
Finance, the latter urging use of the Division of In-
licensure is that each office must be managed by a
vestigation.
qualified person.'
An applicant for a Qualification Certificate must
COLLECTION AGENCY LICENSING BUREAU
meet the following requirements: age 21; citizen of
The Collection Agency licensing function was origi-
U.S.; good moral character; resident of California for
nally created by the Legislature in 1927. It was placed
two preceding years; equivalent of high school educa-
under the administrative jurisdiction of the Prison
tion; two years full-time experience collecting ac-
34
AN EXAMINATION OF THE
counts in a collection agency; and a passing grade on
rector of the Department of Professional and Voca-
the required examination.
tional Standards was designated the Registrar of
The qualification certificate examination is adminis-
Contractors with full authority under the law. After
tered twice per year in San Francisco and Los An-
several unsuccessful attempts, the industry obtained
geles. About 50 candidates take each examination of
legislation in 1935 creating the Contractors License
which about 50 per cent are successful. The examina-
Board. Board actions were for a time subject to the
tion covers various principles of law, accounting, pro-
approval of the Department Director, but subsequent
fessional ethics, and the rules and regulations govern-
amendments have given the Board and the Registrar
ing the industry. It is composed, administered, and
final authority in their areas of operation.
graded by the Bureau Chief and his staff.
All persons who work in a collection agency as ac-
Functions
tive collectors must be registered with the Bureau. Re-
The Board and Registrar administer the Contrac-
sponsibility for reporting of new employees rests with
tors License Law by granting licenses in 36 basic
the employer; employment of a person who has failed
categories in the construction industry and by en-
to comply with the registration requirements may re-
forcing provisions of the law relating to the activities
sult in either a criminal action or a disciplinary ac-
of licensed contractors.
tion against the agency license. The Bureau makes a
thorough background investigation of all registered
Organization
employees and may, after a hearing, deny registration
The Board is comprised of nine members, eight
to a person who lacks good character.
of whom must hold current contractors licenses (one
The various fees include original office license $300
general engineering, three general building, and four
and annual renewal $200; qualification certificate ex-
specialty contractors). The ninth is the public mem-
amination $75 and annual renewal $20; and employee
ber. Appointments are made by the Governor for
registration $10 (a one-time fee).
four-year staggered terms, members serving without
Enforcement
compensation. They must be at least 30 years old, of
good character, and residents of the State for the
Until 1965 the Bureau had a staff of ten professional
five years preceding appointment. The Board through
auditors who routinely audited the records of all
its enacted rules and regulations prescribes the licens-
collection agencies. The industry was dissatisfied with
ing policies and procedures and defines the license
this arrangement because the cost was borne by li-
classifications. It meets quarterly. The Registrar as
cense fees. As a result of a Legislative revision the
the Executive Officer of the Board carries out its
procedure was changed on January 1, 1965. The num-
policies and has final authority on enforcement and
ber of auditors was reduced from ten to two and each
disciplinary actions. The staff of the Board approx-
collection agency was required to submit an annual
imates 160, some 90 of whom are primarily engaged
financial statement of its operations prepared by a
in investigative and enforcement work. In addition
certified public accountant. The two remaining audi-
to the headquarters office, regional, district, and
tors are now used to conduct intensive audits of agen-
branch offices are maintained throughout the State.
cies which submit questionable financial statements
and are the subjects of complaints. There is now some
Licensing Activities
dissatisfaction in the industry with the current pro-
cedure in that a financial report may cost a larger
The license categories set by the Board include
agency several thousand dollars.
General Engineering Contractor, General Building
During the period 1959 through 1964 the Bureau
Contractor, and Specialty Contractor in 34 categories
filed a total of 159 accusations against licensees, re-
plus another 50 or more Limited Specialty Classes.
The total number of licensees exceeds 95,000. An
sulting in the revocation of about 75 licenses and the
suspension of another 39. Additionally, 22 licensees
applicant for a license must present documentary
information on his experience, type of contracting
were placed on probation, 13 licensees suspended with
business to be conducted, insurance coverage, finan-
suspension stayed and placed on probation, 5 re-
voked with the revocation stayed, 3 were found to have
cial solvency, and related matters. He must have had
violated the law but no penalty was assessed, and ac-
at least four years' experience at the journeyman
cusations against 2 licensees were dismissed. In addi-
level or higher during the preceding ten years.
Written examinations are given to qualified appli-
tion to these formal disciplinary actions the Bureau
also issued numerous formal warning letters. Since
cants. These are prepared by board staff in coopera-
January 1, 1965, the Bureau's audit program has
tion with industry representatives and with Board
review.
necessarily been curtailed; nevertheless, during this
ten-month period a total of 26 accusations and 37
In recent examinations, 50 to 70 per cent of the
warning letters have been issued.
examinees in most categories received passing grades,
although in a few the percentage fell below this level
CONTRACTORS STATE LICENSE BOARD
or reached as high as 80 per cent. The examinations
test knowledge of the laws governing the construc-
Background
tion industry and of the materials, techniques, and
The registration of contractors was initiated in
methods used in the particular license classification.
1929 at the request of the industry. At first the Di-
Where the applicant is a firm, a responsible manag-
DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS
35
ing employee or principal must qualify by examina-
basic $1,000 bond has not. The law was recently modi-
tion and experience. The Registrar has substantial
fied to allow the Board to seek an injunction against
delegated authority from the Board to administer
a non-licensed contractor to prevent his working
the examining program.
pending court decision; this has not proved a par-
The fee schedule is set by law and now stands at
ticularly useful device.
$50 for original application and biennial renewal,
and $20 for each additional category for which a
BOARD OF COSMETOLOGY
license is sought. Total income of the Board for the
Functions
year 1965-66, a regular renewal year, was $2.7 mil-
The Board of Cosmetology examines, licenses, and
lion; for the off-year 1964-65 it was under $500,000.
regulates persons and businesses engaged in the vari-
With current expenditures running at nearly $2.2
ous branches of cosmetology.
million, it was found necessary to obtain legislative
approval in the 1966 special session for an increase in
Organization
the license fee.
The Board is comprised of seven members ap-
As a condition of obtaining a license, a person
pointed by the Governor for four-year overlapping
must post a $1,000 bond with the Board. Clients or
terms. Five members must be licensed cosmetologists,
others wronged by a contractor can proceed through
one an owner-manager of a school of cosmetology,
the courts to collect damages. This is, of course, a
and one a public member. Staff consists of an Execu-
very modest bonding requirement considering the size
tive Secretary and 25 administrative and office per-
of most contruction contracts.
sonnel, including 1 full-time examiner in Los Angeles
Enforcement
and 1 in San Francisco. A large number of inter-
mittent personnel are used in the examination process.
The Contractors License Law sets forth more than
twenty kinds of actions and practices on the part
Licensing
of contractors that constitute cause for license sus-
The Board issues 10 different licenses: cosmetol-
pension or revocation. These range from disregard-
ogist, manicurist, electrologist, cosmetology instructor,
ing plans or specifications and non-performance
electrology instructor, junior operator, junior elec-
under contracts to misuse of funds and insolvency.
trologist, cosmetological establishment, school of cos-
Nearly 2,000 complaints are received monthly-
metology, and school of electrology. Examinations are
22,000 in the 1965-66 fiscal year. Many are against
required for the first five of these. Cosmetologist, by
persons without the proper license-more than 5,000
far the largest class, includes all beauty operators
last year-but the majority are public complaints
licensed to-perform the full range of cosmetological
against licensees. These are investigated by Board
services including manicuring, hair cutting, and hair
staff who may first, where appropriate, seek a solu-
setting. The more specialized class, such as manicur-
tion acceptable to the concerned parties. In cases
where evidence of serious violation of the law is
ists or electrologists, are licensed only to provide a
found, disciplinary proceedings are instituted
specific service.
The basic requirements for licensure as a cosmetol-
under the provisions of the Administrative Procedure
Act.
ogist are age 18, tenth grade education or equivalent,
good moral character, a passing examination grade,
Roughly one-half of all complaints are dismissed
and either (a) 1,600 hours of training in a school
or settled on initial investigation. In the year past
approved by the Board, (b) 4 years' experience as a
formal disciplinary proceedings were taken against
cosmetologist employed outside the State, or (c) 2
more than 1,000 licensees, nearly one-half of which
years' experience as a junior operator in a licensed
resulted in license revocation and an additional 20
establishment. The requirements for other licenses
per cent in license suspension. More than 150 cases
are similar with some variations in the required age
were dismissed after admininstrative hearing. Of the
and training. The classifications of junior operator
5,000 complaints concerning non-licensed contractors,
and junior electrologist are actually two-year ap-
more than 600 resulted in court convictions-most are
prentice programs. Junior operators, for example,
dropped for lack of sufficient evidence to prosecute,
may take the operator examination after two years,
as determined by the Board staff or district attorneys.
without having attended a cosmetological school. In
Hearing officers from the Office of Administrative
practice, very few junior operator or junior electrol-
Procedures are used in all disciplinary hearings.
ogist licenses are issued-most cosmetologists and
Their decisions are advisory to the Registrar who
electrologists attend schools instead of going through
may reduce the penalty or, on review of the full
the apprenticeship program.
transcript, increase the penalty. The latter is infre-
The Board administers examinations daily in Los
quently done. The decision of the Registrar is subject
Angeles and San Francisco, over 90 per cent of the
to review only by court proceedings.
14,000 examinations administered annually being
A contractor who has had a license suspended or
for cosmetologists. All examinations are composed by
revoked must post a bond of $3,000 to $10,000, for a
the Board, the most recent cosmetologist examination
two-year period, as one condition of again being li-
having been developed in August of 1965. The cos-
censed or having his license reinstated. This has
metologist examination is weighted 75 per cent prac-
proved an effective enforcement measure, whereas the
tical and 25 per cent written, the practical portion
36
AN EXAMINATION OF THE
being divided into six parts. If a candidate fails to
Functions
achieve the required 75 per cent passing score on any
of the seven test parts, he is given conditional credit
The Board of Dental Examiners licenses dentists
for those passed and may retake those failed any time
and dental hygienists, approves dental colleges and
from 30 days to one year after his original examina-
hygienists' education programs, and enforces the Den-
tion. A candidate failing to pass the complete exami-
tal Practices Act provisions affecting the conduct of
nation on the second attempt cannot retake the ex-
licensees.
amination until completing an additional 500 hours
of school instruction.
Organization
Examinations are graded by the Board staff at the
The Board is comprised of seven dentist members
Examination site. A successful candidate usually re-
and one public member. In selecting members, the
ceives a license in the mail within 48 hours.
Governor has sought to assure a fair geographic rep-
The Board staff routinely reviews and acts upon
resentation and has avoided an imbalance on the
all application forms, and candidates who fail to
board of graduates from any one dental college. Mem-
meet a technical requirement are SO advised. Each
bers generally have a number of years of successful
applicant is evaluated for good character and may
practice in the profession. The law requires that, to
be administratively rejected by the staff, in which
be appointed to the Board, a dentist must have five
years of experience in the State and not be a member
case a hearing under the Administrative Procedure
Act is automatically scheduled.
of the faculty of any dental school. Dentists who spe-
cialize in a particular field are not named to the board
The Board approves and licenses cosmetological
because of the role described below of board members
schools. Whereas the law requires only that a cos-
in the examining process. The Board meets on an av-
metological school give 1,600 hours of training, the
erage of once a month in business session and four
Board prescribes the breakdown of that training.
times a year for the conduct of examinations. The
Transcripts of applicants graduated from out-of-state
staff consists of the Executive Secretary, a part-time
schools are reviewed by the staff to determine posses-
attorney, three investigators, and supporting clerical
sion of the required number of hours in the various
personnel.
subjects. There are approximately 200 licensed schools
in California.
Licensing of Dentists
Enforcement
The qualifications to take the examination are grad-
uation from an approved dental school, good moral
The Board uses the services of the Division of
character, and payment of a $50 application fee. The
Investigation whose personnel routinely inspect all
staff of the Board verifies the credentials submitted
licensed shops for sanitary conditions and to deter-
with and information contained on the application
mine that all operators are properly licensed. The
form. The battery of examinations includes both writ-
largest number of violations pertain to sanitary con-
ten and performance elements, requiring several days
ditions. These however do not typically result in dis-
for completion.
ciplinary actions, most being corrected after a warn-
The examination questions and materials are pre-
ing from the Board. The majority of disciplinary
pared by individual board members, each member
actions stem from licensee violations of the good
other than the public member being assigned respon-
character requirements. In the year past a total of
sibility for preparing certain sections of the examina-
106 accusations were filed by the Board, for which
tion. He develops his questions and sends them in to
administrative hearings were scheduled. These cases
the board staff where they are put into final form.
resulted in 54 license suspensions and 38 revoca-
There has been some discussion of the possibility of
tions.
using the National Board Certificate in lieu of the
Unlicensed activity is also an enforcement problem.
written examination. This certificate is issued by a
Inspectors occasionally discover unlicensed shops. If
Council of the American Dental Association which de-
after warnings such shops continue to operate, the
velops an examination given in two parts on a national
cases are referred to local district attorneys. Un-
scale, the first part at the end of the sophomore year
licensed shops are usually operated by a licensed
in a dental college and the second part at the end of
operator, in which case the Board may also take
the senior year. Thirty-eight states now recognize this
disciplinary action to revoke the operator's license.
certificate as meeting qualifications for licensing.
The Board members conduct the performance tests,
BOARD OF DENTAL EXAMINERS
proctor all examinations, and do the grading and
Background
scoring. Use is made of "Examinations Commission-
ers," usually former Board members, who are paid on
The Dental Practices Act, dating back to 1885, is
a per diem basis.
one of the first acts calling for state supervision of a
The number of applicants taking an examination
profession in California. Until 1921 only professional
ranges from 150 to 300. In recent examinations, from
dentists were licensed, and at that time dental hygien-
93 to 97 per cent of the graduates of California dental
ists were added. Dental technicians have unsuccess-
colleges passed the examination on their first try. Out-
fully sought a licensing program under a separate
of-state candidates do not do as well, only 60 to 75 per
board of examiners.
cent of them passing the first time they take the exami-
DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS
37
nation. In both categories the failures are most com-
intemperance, sex offenses, fraudulent claims to wel-
monly on the practical aspects of the examination. A
fare and other agencies, and conviction of felonies.
candidate who fails in the examination can request
In the past year, there were seven cases which went
an interview with the Board at which the Board dis-
through the hearing procedure and where licensees
cusses with him the reasons for his failure.
were found guilty. In these cases use is made of
Board members receive $25 per day of attendance
Hearing Officers, the Board sitting with them where
at meetings and $25 per day on those days when they
matters of professional competence are involved.
are conducting examinations. They also receive $25
There are many complaints and minor offenses dealt
for each examination prepared and a like amount for
with short of formal proceedings; many relate to al-
each 20 papers corrected.
leged excessive charges or unsatisfactory work. The
Board takes the view that the former is not within
Licensing of Dental Hygienists
their jurisdiction. Complaints of poor work are fol-
To become licensed as a dental hygienist, a person
lowed up by staff investigators and reported to the
must be 18 years of age, of good moral character, and
dentist who is asked to give his explanation. The staff
graduated from an approved course in dental hygiene.
then seeks to dispose of the matter by dismissing the
Examinations are prepared and administered in the
complaint or by suggesting. to the dentist that he take
same manner as those for dentists, and they are given
some corrective action. Normally these matters are
at the same time and place. There is an average of
settled expeditiously.
100 candidates sitting per examination, and the per-
The Board makes use of the Division of Investiga-
centage of failures is in the range of 5 to 10 per cent.
tion on complaints regarding non-licensed persons
The latter are primarily out-of-state candidates for
and in investigating the background of candidates for
the reason that California law permits dental hygien-
the examination where the information suggests this
ists to do relatively more than they are allowed to do
would be desirable. Complaints of the practice of den-
in many other states.
tistry by persons who are not licensed are usually
The use of dental hygienists by dentists is increas-
against dental technicians who undertake to make false
ing sharply. In 1954 there were only 620 licensees in
teeth or to do other prosthetic work without involving
California, whereas now the number is approximately
a professional dentist.
2,500.
Use is made by the Board of what is called a
Approval of Dental Colleges and Hygienists Programs
citation hearing. An illustration of this is in the pro-
There are at present in California five accredited
motion of "dental plans" where frequently salesmen
colleges of dentistry and decision has been taken to
go door to door selling such a plan which entitles the
create two new dental colleges. The Board recognizes
person to dental service at reduced prices. Normally
dental colleges elsewhere in the United States which
these are promoted by lay persons, but in association
have been approved by the Council on Dental Educa-
with dentists. These may be legitimate, but they are
tion. This Council, a creation of the American Dental
apt to not be. The staff in these cases investigates and
Association, inspects dental colleges throughout the
presents its findings to the Board. The Board may call
United States and recommends for or against their
in the dentists associated with the plan for questioning
accreditation. A report of the Council's findings on
and then decide if disciplinary action is needed.
particular schools is sent to the California Board
STATE BOARD OF DRY CLEANERS
which then decides whether to approve or disapprove
the college. If approved, its graduates can apply for
Functions
registration in California and sit for the examinations.
The State Board of Dry Cleaners examines appli-
The present and projected output of California's
cants and issues licenses and registration certificates
accredited colleges, plus out-of-state applicants, is
for various types of establishments and employment
judged adequate to meet anticipated needs.
in the dry cleaning industry. The business licensing
There are now five accredited educational programs
program is mandatory, as is the registration of all
for training dental hygienists in the state. The position
operators.
of the dental profession is that the two-year junior
college curriculum is adequate to produce trained den-
Organization
tal hygienists; however, the Dental Hygienists' Asso-
The Board is comprised of seven members appointed
ciation is pressing for a four-year educational require-
by the Governor for four-year overlapping terms. Of
ment. In California the clinical aspects of junior col-
the seven members two, by code requirement, must be
lege programs of training in dental hygiene must be
owners of retail shops, two owners of retail cleaning
under the sponsorship and supervision of an accredited
plants, two owners of wholesale cleaning plants, and
dental school. Graduates of such programs in other
one the public representative. Each member must be
states are eligible to sit for the California examina-
a citizen of the United States and must have been ac-
tion if these have been approved by the Council on
tively engaged in his respective branch of the clean-
Dental Education.
ing industry for at least five years immediately prior
Enforcement Program
to appointment. The staff consists of an Executive Sec-
The most common offenses leading to disciplinary
retary and eight permanent employees plus some tem-
action are improper use of narcotic drugs, serious
porary and intermittent help.
38
AN EXAMINATION OF THE
Licensing and Registering Operators
Organization
The Board issues licenses in a multiplicity of differ-
There is an advisory board uniquely comprised of
ent formats, broken down by the type of business or
two industry and three public members. The board
operation to be performed, e.g., clothes cleaning estab-
meets four to six times a year to advise and consult
lishment, dye plant establishment, dry cleaning school,
with the Bureau Chief on such matters as interpreta-
spotting and pressing shop, press shop, and fur, hat
tion of the legislation, issuance of rules and regula-
and leather renovator. Operator certificates are issued
tions for industry observance, and enforcement poli-
for each job category within a licensed establishment.
cies. The Bureau Chief, responsible to the Director
An examination is given for each of 31 types of li-
of the Department, directs all Bureau activities.
censes or registration certificates. At least one owner,
partner, or managing employee must qualify by ex-
Dealer Registration
amination and otherwise for an establishment license.
This is a dealer registration program involving no
All examination applicants and licensees are re-
examination of competence in the field. Responsi-
quired to be of good moral character. Anyone with
bility is placed on the dealer for his own actions and
convictions of felonies or other offenses may be ap-
for the actions of all repair personnel in his employ-
proved by the Board and if not approved are entitled,
ment. The purpose is to protect the public from mis-
upon written request, to a hearing under the Admin-
representation and dishonest practices by requiring
istrative Procedure Act. In addition to the good char-
registration of dealers and granting authority to the
acter requirement, applicants for an owner-operator,
State to suspend or revoke that registration or other-
or operator certificate are required to have one year
wise induce dealers to serve the public in an honest
(or 1,800 hours) of practical experience, or 360 hours'
and ethical manner. This kind of a licensing program
training in an approved dry cleaning school-or a
assumes that the laws of the market place will deal
combination of the two.
satisfactorily with the incompetent operator and with
Examinations are administered each month in Los
the one who simply charges too much. The control
Angeles and Oakland. Some consist of both a written
program is directed solely towards the dishonest or
portion and practical portion, others a written por-
fraudulent parties. This is, of course, quite different
tion only. The Board owns dry cleaning equipment
from the theory underlying the licensing of profes-
and rents the examination facilities.
sions.
Any person or company that wishes to engage in
Enforcement
the business of electronic equipment repair (televi-
The Board uses the services of the Division of
sion, radio, and sound reproduction) may do SO by
Investigation and the State Fire Marshal. The latter
filing an application with the Bureau and paying a
is responsible for inspection of cleaning establish-
$35 fee. On the application form he is asked only to
ments for compliance with fire safety standards. These
identify himself, the type of business, address, name
services are paid for from Board funds. Enforce-
and titles of officers in the corporation or partner-
ment activities include inspections of establishments
ship, and the names and addresses of all persons in
for observance of licensing code requirements and
the business who will be engaged in repair work. Ap-
presence of excessive perchlorethylene fumes, restric-
proval of the application and issuance of a certifi-
tion of unlicensed activity, and investigations of al-
cate of registration are automatic. Fees from the
leged or reported acts contrary to the good character
7,600 registered dealers are deposited in a special
requirements. Nearly 1,500 investigations were con-
fund and cover the cost of the program.
ducted in the year 1965-66, 13 administrative hear-
Enforcement
ings were held, and 8 license suspensions or revoca-
tions effected.
The Bureau looks to the Division of Investigation
for routine inspections of registrants. These are fairly
BUREAU OF ELECTRONIC REPAIR
simple inspections to assure that the shop is reg-
DEALER REGISTRATION
istered and observing the full disclosure requirements
Background
on invoices which require detail on the work per-
formed for the customer, the new parts needed, the
This is the latest licensing legislation enacted in
name of the repairman, and S0 on. The Division of
the State, taking effect in 1963. It was enacted after
five years of effort on the part of the industry. Sup-
Investigation personnel make these inspections rou-
tinely as they are inspecting other licensed establish-
port for the legislation was built up through sub-
ments. Where they find violations, they will issue a
stantial evidence of fraud on the part of electronic
notice of violation and perform the necessary follow-
repair dealers, particularly in the repair of television
sets.
up.
The Bureau received more than 3,000 complaints in
Functions
the past year, most of which come from private citi-
zens who felt thay had, in some way, been cheated
The Bureau registers electronic equipment repair
or dealt with unfairly. Others came by referral from
dealers and enforces provisions of law and regula-
better business bureaus or local police departments,
tions regarding the conduct of this business activity-
and a few from competitors. These are reviewed by
related primarily to fraudulent practices.
bureau staff and checked against the registrant's file
DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS
39
where a running record is maintained of complaints
score, graduation from a nine-months embalming col-
received against each registrant. Complaints are dealt
lege approved by the Board, and two years of ap-
with according to one of several procedures. In
prenticeship in California. Qualified embalmers from
many, one of the three field representatives in the
other states must serve one year of apprenticeship
bureau-who are trained technicians-visit either the
in California. Apprentice embalmers are not required
complainant or the dealer or both. If it is a fairly
to take an examination but they must be 18 years
simple matter, he may recommend an adjustment
of age, of good moral character, and high school
which if accepted ends the case. If the complaint is
graduates, and must be employees of a funeral estab-
one which indicates serious fraud or dishonest prac-
lishment approved by the Board.
tice, the Bureau may proceed immediately to "run
The Funeral director and embalmer examinations
a set" through his shop. This simply means introduc-
are held twice a year conncurrently in the San Fran-
ing a malfunction into an otherwise good set, and
cisco and Los Angeles areas, and in Sacramento on
having someone take it to the dealer for repair. If,
two different dates. Both examinations are composed
on return, the dealer claims to have done a number
by the Executive Secretary and approved by the
of things not needed, or claimed he put in parts which
Board. Funeral Directors are tested on their knowl-
he did not, the Bureau proceeds immediately into a
edge of the law and of the signs of death, whereas
revocation procedure. In up to 90 per cent of these
embalmers are also tested on their knowledge of em-
cases the dealer is found dishonest. The Administra-
balming science. The embalming science questions are
tive Procedures Act is followed, using a hearing of-
selected from a large number submitted to the Board
ficer whose decision is a recommendation to the Bu-
by the two schools of embalming located in the State.
reau Chief. Ordinarily this recommendation is fol-
More than 95% of the 300 candidates examined an-
lowed, although there are cases in which the hearing
nually are successful. The application fee for funeral
officer's decision is believed too lenient. In these cases,
director is $35, embalmer, $25; license renewal fees
the Bureau Chief asks for a complete transcript of
are $100 for funeral director and $25 for embalmer.
the hearing, studies it, requests further argument
License denial proceedings are conducted under the
from both sides, and then reaches a decision. In
provisions of the Administrative Procedure Act.
most cases, permanent revocation of the license is
effected and, in many cases, the Bureau proceeds
Other Activities
through the District Attorney with criminal charges.
The Board's two field representatives, both licensed
A number of dealers have been jailed.
activities of inspecting funeral establishments regu-
larly for compliance with code provisions and Board
BOARD OF FUNERAL DIRECTORS
regulations, approving establishments for the train-
AND EMBALMERS
ing of apprentice embalmers, and accrediting embalm-
Functions
ing schools-as noted above, there are only two such
The Board of Funeral Directors and Embalmers
schools in California.
examines and grants licenses to Funeral Directors
Enforcement
and Embalmers and supervises the administration of
pre-need funeral trust funds.
The Board's two field representatives, both licensed
embalmers, make routine, unannounced inspections
Organization
of all funeral establishments in the State. Estab-
The Board is comprised of six members appointed
lishments are inspected for sanitary conditions, mis-
by the Governor for four-year overlapping terms.
representation in advertising, and possible solicita-
Five members must be licensees of the Board and
tion of business. For minor violations the Board may
the sixth a public member. The Board meets monthly.
schedule an informal hearing; more serious cases are
The staff consists of an Executive Secretary, two
heard under the provisions of the Administrative
field representatives, and several office personnel.
Procedure Act and may result in the suspension or
revocation of a license. The more serious cases most
Licensing
frequently involve improper solicitation of business.
All funeral establishments must be operated under
The Board makes limited use of the Division of
the supervision of a licensed funeral director. Funeral
Investigation, primarily for undercover work.
director licenses are granted to individuals to do
Pre-Need Funeral Trust Funds
business at a specific address. The prerequisites for
a license are: age 21, good character, a passing exam-
The Legislature recently assigned the Board re-
ination score, and proof that the establishment in
sponsibility for regulation of the administration of
which the business is to be conducted is properly
pre-need funeral funds collected by funeral estab-
lishments under which funeral establishments are re-
constructed.
quired to create a separate trust account for each
All embalming must be performed by a licensed
client. The Board approves the trustees for these
embalmer or by an apprentice under the supervision
accounts and requires periodic accounting reports.
of a licensed embalmer. The prerequisites for licensure
The Board's field representatives examine pre-need
as an embalmer are: age 21, good moral character,
trust fund accounts as a part of their routine in-
completion of high school, a passing examination
spections.
40
AN EXAMINATION OF THE
BUREAU OF FURNITURE AND BEDDING
There are approximately 23,000 licensees in the
INSPECTION
several categories. Biennial fees are $20 for each
Background
retail outlet, $80 for renovation facilities, and $120
for wholesale and manufacturing establishments.
Efforts in California to regulate the furniture and
bedding industry date back to a 1909 Act requiring
Inspectional Program
a label on merchandise containing "used" filling
Division of Investigation personnel routinely in-
material. In 1935 the Bureau of Furniture and Bed-
spect licensed establishments for compliance with the
ding Inspection was created in much its present form,
law and regulations. Labels and shipping documents
the advisory board being added in 1955. In the last
are examined and samples of filling material taken,
regular legislative session a bill to correct certain
as judged necessary, for laboratory examination. In-
deficiencies in the enforcement program and to re-
spection reports are filed with the Bureau. The Bu-
constitute the advisory board as a policy and decision
reau's laboratory is equipped to make a variety of
making body passed both houses but was not ap-
tests of materials to determine composition of filling
proved by the Governor.
material, presence of foreign matter, and adherence
to standards.
Functions
The Bureau licenses all individuals or firms en-
Disciplinary Activities
gaged in the manufacture, processing, repair, or sale
The policy of the Bureau has been to work with
of upholstered furniture and bedding and those that
licensees and encourage compliance by the issuance of
sterilize used upholstery or bedding preparatory to
warnings and allowing self correction. They are, for
resale. It directs a program of enforcing the provi-
example, frequently allowed to relabel merchandise.
sions of the law in respect to labeling, materials used
In most instances the investigator deals fully with a
for filling, sanitary practices, and the like.
violation on the scene. In others, an enforcement
letter is sent from the Bureau Chief to the licensee
Organization
directing him to take certain kinds of action. Where
The Bureau operates as a regular unit of the De-
violations are repeated or serious, a special investiga-
partment of Professional and Vocational Standards
tion is made, the results of which are reviewed by
and is headed by chief responsible to the Director of
the Bureau Chief, the evidence discussed with the
the Department. The advisory committee, comprised
staff of the Office of Attorney General, and an accusa-
of six representatives of various branches of the in-
tion prepared and a hearing held. The decision of the
dustry and one public member-all appointed by the
hearing officer is advisory to the Bureau Chief. Be-
Governor-meets on a quarterly basis and considers
fore he accepts, rejects, or modifies it, he may consult
matters referred to it by the Bureau Chief. These
with legal counsel of the Department or the Attorney
most commonly relate to the development of new
General. His decision is final, subject to appeal to
standards and rules, legislative amendments, enforce-
the courts.
ment policies, and budget matters. Rarely do mem-
bers of the committee initiate agenda items, but they
BOARD OF LANDSCAPE ARCHITECTS
participate significantly in the resolution of those
matters referred to them.
Functions
A staff of twenty employees carries out the work
The Board of Landscape Architects licenses and
of the Bureau, which includes operation of a modern
regulates the practice of landcape architects. Land-
materials testing laboratory. The services of the Divi-
scape Architecture is defined as the profession of
sion of Investigations are used extensively in the in-
preparing plans and specifications and supervising
the execution of projects involving the arranging of
spection program.
land and the elements used thereon. The law does
not require mandatory licensing of landscape archi-
Licensing
tects; it merely requires a person who styles himself
The licensing is in no way related to determining
as a Landscape Architect to be licensed.
competence to engage in the occupation or business.
Although it has been contended that health
Organization
hazards inherent in the use of certain materials
The Board is comprised of six members appointed
justify the licensing, this as a practical matter is not
by the Governor for four-year overlapping terms.
a major problem. The requirements for sterilization
Five members must be licensees of the Board of
of second-hand items or materials is a precautionary
which two must be residents of Southern California
health measure. The major purpose of the licensing is
and two of Northern California; the sixth is the
to protect the public from mislabeling and deception.
public member. The Board is required by law to
The legislation and the Bureau, through its regula-
meet quarterly, but in carrying out the responsibil-
tions, set standards of tolerance in respect to the
ities vested in the Board it meets ten to twelve times
identification and labeling of filling materials. It also
per year. Staff is currently shared with three other
seeks to insure that the sizes and weights recorded on
licensing boards-Shorthand Reporters, Veterinar-
labels are accurate.
ians, and Yacht Brokers.
DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS
41
Licensing
for addiction to alcohol or drugs. License denial pro-
To list or advertise as a Landscape Architect a
ceedings for other than technical deficiencies are
person must be licensed with the Board. The basic
heard under the provisions of the Administrative
requirements for licensure are: age 21, six years of
Procedure Act. The application fee and the biennial
combined education and experience in landscape ar-
renewal fee are $24.
chitecture, good moral character, and a passing grade
Enforcement
in the landscape architect examination. A college de-
gree in landscape architecture is deemed equivalent
Enforcement activities are limited for the most
to four years of experience.
part to the restriction of unlicensed activity. Staff
The three day (331 hour) written examination,
members check telephone directory classified listings
given twice a year, is composed and graded by the
for advertising by unlicensed counselors, who are
Board. Candidates who are successful on the written
then advised by letter of the license requirement.
examination are required to pass an oral examination
Persistent violators are referred to a local district
administered by the Board. Approximately one-third
attorney for prosecution - there has been only one
of the 125 candidates examined annually are success-
such case to date with several others pending. Accord-
ful. There are now 788 licenses in effect.
ing to departmental records, in fiscal year 1965-66
there were 16 complaints received which led to two
Enforcement
investigations but no formal disciplinary proceedings.
Enforcement activities are confined primarily to
BOARD OF MEDICAL EXAMINERS
the restriction of unlicensed activity. The Board staff
routinely reviews telephone book classified listings for
Background
improper advertising by unlicensed architects. Per-
The regulation of medical practice in the State
sistent violators are referrred to local district at-
of California dates back to 1876. The classifications
torneys for prosecution. Disciplinary actions involv-
of licenses have changed from time to time as have
ing licensees are heard under the provisions of the
the administrative arrangements for performing the
Administrative Procedure Act. In fiscal year 1965-66
licensing function. As will be noted below, sev-
one such hearing occurred; 25 complaints were re-
eral groups within the broad area of the healing arts
ported and 18 investigations ordered.
are licensed by or somehow under the aegis of the
Board of Medical Examiners. Others have their own
MARRIAGE, FAMILY, AND CHILD COUNSELOR
licensing boards. Some groups formerly licensed -
LICENSING
drugless practitioners, midwives, and naturopaths—
Functions
no longer are.
The Marriage, Family, and Child Counselor Li-
Functions
censing Law was enacted by the Legislature in 1963
and became effective on the first of January, 1964.
The Board of Medical Examiners administers the
The act provides for mandatory licensing of anyone
laws relating to the practice of medicine and surgery,
who advertises and engages in the business of offering
podiatry, dispensing opticians, physical therapy, and
a marriage, family, or child counseling service. Some
psychology through a program of licensing practi-
counselors are exempted from this rule, e.g., em-
tioners, approval of schools offering training in these
ployees of charitable organizations or ministers.
professions, and supervision of licensees.
Organization
Organization
The act assigns general responsibility to the Direc-
The Board is comprised of ten physicians, one
tor of Professional and Vocational Standards who in
public member, and (until the year 1971) one li-
turn has contracted with the Board of Social Work
censed M.D. representing the licensees formerly of
Examiners to perform the licensing function. A 1965
the Board of Osteopathic Examiners. The Board
amendment to the act provided that the Governor
meets in four regular annual sessions to conduct its
may appoint a five-member Advisory Committee on
normal business and hearings on disciplinary matters
Marriage, Family, and Child Counselors. If the Gov-
and two additional meetings each year for the con-
ernor elects to appoint such a committee-which he
has not done-its membership must contain a psy-
duct of examinations. Meetings are of 6 to 7 days
chologist, a registered social worker, a minister, and
duration largely because of the volume of discipli-
a sociologist, all licensees, plus one public member.
nary actions considered and hearings held in connec-
tion with these. Under the general jurisdiction of the
Licensing
Board are the following bodies which are prescribed
To qualify for a license, an applicant must possess
by law:
a master's degree in marriage counseling, social work,
1. Podiatry Examining Committee comprised of
or a behavioral science, and have two years of per-
five licensed podiatrists appointed by the Gov-
tinent experience. No examination is required. Candi-
ernor on recommendation of the Board of Med-
dates may be disqualified because of conviction of a
ical Examiners and one public member ap-
felony or an offense involving moral turpitude and
pointed by the Governor.
42
AN EXAMINATION OF THE
2. Physical Therapy Examining Committee com-
Podiatrists
prised of one licensed M.D., three licensed phys-
Podiatrists are licensed by the Board of Medical
ical therapists, and one public member, all ap-
Examiners, assisted by the aforementioned Examining
pointed by the Governor.
Committee. The Committee receives and approves ap-
3. Psychology Examining Committee comprised of
plications, prepares and conducts examinations, and
seven certified psychologists and one public mem-
recommends to the Board of Medical Examiners those
ber appointed by the Governor.
persons to be granted licenses. The Board routinely
These three bodies administer certain provisions of
concurs in the recommendations of the Committee. To
the law governing the licensing of the respective pro-
apply for such a license, a person must have at least
fessions.
completed a two-year college course, which has in-
The staff of the Board, which provides facilitative
cluded certain specified subjects, and been graduated
from a four-year school of podiatry. There is one such
services for the Board and the three listed committees,
school in the State of California. The examination is
is under the immediate direction of the Executive Sec-
retary and consists of approximately 20 administrative
prepared, administered, and graded by Committee
members and is given at the same time and place as
and office personnel.
the examinations for physicians and surgeons.
Licensing of Physicians and Surgeons
Prior to 1957, licensing of podiatrists was carried
Applicants for a license as a Physician and Surgeon
out directly by the Board of Medical Examiners, but
in that year the Committee was created. The Associa-
must be graduates of an accredited medical college
and pass a written examination. The Board recognizes
tion of Podiatrists had petitioned for a licensing board
colleges that have been accredited by the Association
of their own; however, the Legislature responded by
of American Medical Colleges and the Council of Med-
authorizing the Committee. There are now approxi-
ical Education and Hospitals of the American Medical
mately 900 licenses.
Association. The written examination is prepared and
Registered Physical Therapists
administered by the Board. Provision is made for the
licensing of applicants on the basis of reciprocity or
The Board of Medical Examiners has licensed "reg-
endorsement either on the basis of a license issued by
istered physical therapists" since 1953. To qualify for
another state or on the basis of National Board Cre-
the examination, a person must have fulfilled one of
dentials-during the past year 2,200 such licenses were
several educational options, roughly the equivalent
granted out of a total of approximately 2,700. Nearly
of a Bachelors Degree. The examination used is one
500 applicants took the State Board's examination; of
developed by the American Physical Therapists' Asso-
these, more than 99 per cent of the graduates of Cali-
ciation and Professional Examination Service of the
fornia medical colleges and 83 per cent of the appli-
American Public Health Association, with the Califor-
cants trained in foreign colleges achieved passing
nia Board of Medical Examiners determining the pass-
grades.
ing grade. A registered physical therapist by law must
work under the supervision and direction of a licensed
Special requirements have been set for applicants
from foreign colleges which include two years service
physician and surgeon.
satisfactory to the Board in a hospital or hospitals lo-
Licensed Physical Therapist
cated in the United States and approved for the train-
ing of interns, one of the two years in a hospital within
At the time the physical therapists sought licensing
the State of California. Commissioned officers of the
-in the year 1953-the members of the group could
military establishment and the U.S. Public Health
not reach agreement, particularly on the conditions
Service are licensed under special provisions of the
under which they would be blanketed under the
law which give them a preferred status.
'grandfather'' clause and on questions of supervision
The Board's written examination is prepared by
of their practice. This resulted in the two forms of
licensing one-for registered physical therapists, noted
the Board members. One member is assigned each of
above, and one for licensed physical therapists. In
the nine subject areas, personally, grading the section
the latter case, an Examining Committee was estab-
of the examination he constructed. Oral practical ex-
lished comprised of three physical therapists, one
aminations are given out-of-state applicants seeking a
physician, and one public member. When the two bills
license on the basis of reciprocity or endorsement if
were first introduced, both passed the Legislature and
more than five years have lapsed since they took their
were vetoed by the Governor-in the following session
written examination in another state or that of the
both passed and both were approved. Although there
National Board of Medical Examiners. All graduates
are minor differences in the qualification standards,
of foreign medical schools must, in addition to the
basically the same examination is given in both cases.
written examination, pass an oral and clinical exami-
There is a distinction between the two groups in terms
of their practice in that the registered physical ther-
nation at the completion of the required hospital
apist must work under a licensed physician and sur-
service. These are conducted by two-man teams made
geon whereas the licensed physical therapist may also
up of members of the Board and Examination Com-
work under a chiropractor or on his own. However, in
missioners who are M.D.'s retained by the Board for
the latter instance, the law states that he cannot diag-
this purpose.
nose. The licensed physical therapist group is on the
DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS
43
decline. The last examination given was in 1963 which
Drugless Practitioners
was passed by one person and failed by a second, thus
Drugless practitioners were licensed by the Board
essentially all persons now entering the field are
of Medical Examiners prior to the year 1946, at which
coming in as registered physical therapists. There is a
time their licensing was discontinued. Since then
current move to consolidate the two groups, and it is
licenses have been renewed but no new ones issued;
likely that legislation will be introduced in the next
the active group now numbers less than 60.
session to accomplish this. At the present time, there
are approximately 2,500 registered physical therapists
Midwives
and 950 licensed physical therapists.
Midwives are in the same category as drugless prac-
Psychologists
tioners, although at present there remain only three
active licenses.
In 1957 the Psychologist Examining Committee was
created by legislation, and although attached to the
Other Activities
Board of Medical Examiners, was assigned the full
The following functions are also required of the
range of functions normally exercised by an autono-
Board under the provisions of the Medical Practice
mous licensing board. Its being placed under the
Act: approval of hospitals for the training of interns
Board of Medical Examiners simply reflected a reluc-
and residents; approval of hospitals for the treat-
tance on the part of the Legislature to create new
ment of narcotic addiction under the provisions of
autonomous boards. The law contains clear language
Section 11391 of the Health and Safety Code; and
requiring the Board of Medical Examiners to act "at
enforcement of certain provisions relating to mental
the direction of the committee" and there is nothing
illness of licentiates.
in the law that would appear to permit the Board of
Medical Examiners to disapprove any action taken by
Enforcement Activities-Licensed Physicians
the Committee.
The Board learns of alleged improper or unlawful
Requirements for the examination include the pos-
conduct of licensees through citizen of patient com-
session of a Ph.D. in psychology or educational psy-
plaints, local medical societies, other licensees, and
chology, or training deemed equivalent by the Com-
law enforcement agencies. Patient complaints most
mittee. The law further specifies the degree shall be
frequently relate to fees or questions of professional
from the University of California, Stanford, U.S.C.,
competence. Other commonly reported offenses involve
or another university having an equivalent program.
improper use or prescription of narcotic and dan-
The applicant must possess at least one year of super-
gerous drugs, imtemperance, illegal abortions, and
vised professional experience, as determined by the
practicing medicine without a license.
Committee. The examination is composed, adminis-
Complaints of non-licensees practicing medicine
tered, and graded by the members of the Committee,
when received by the Executive Secretary are screened
and includes an oral portion for which a verbatim
and passed to the Division of Investigation. If suffi-
cient evidence is found, the case is referred to the
transcript must be taken.
local District Attorney for prosecution. Alleged or
This is not a mandatory license; it simply prevents
reported violations of the law and regulations by
a person from using the title Certified Psychologist
licensed M.D.'s and other licentiates of the Board are
unless he possesses a license. There has been discussion
similarly investigated with the Executive Secretary
of making licensing mandatory but this would pose
deciding-on the basis of the investigation report-
difficult problems of defining precisely what consti-
those to be referred to the Attorney General for pro-
tutes the practice of psychology.
ceedings under the Administrative Procedure Act. In
the past, if the Attorney General recommended that
Registered Dispensing Opticians
the case go to a hearing, the entire Board membership
was polled by mail to decide if the case would be
The Board of Medical Examiners licenses regis-
heard by a hearing officer, by the Board, or by a Dis-
tered dispensing opticians who, by legal definition,
trict Review Committee. By recent decision, the Board
may fill prescriptions issued only by physicians and
delegated this authority to the Secretary-Treasurer
surgeons licensed by the Board of Medical Examin-
(a Board member) and the Executive Secretary.
ers-excluded from this group may be those work-
The District Review Committees were created by
ing for or through optometrists. This is not conven-
1965 legislation as a new approach to the exercise of
tional individual licensing, but rather a license to a
discipline. Five Committees were established, each
person, partnership, or firm to do business at a par-
serving a defined geographic area, having as mem-
ticular location.
bers five licensed M.D.'s appointed by the Governor
The requirements for registration include five years
from panels of candidates variously nominated by
local medical societies, medical school deans, and the
of actual experience in the fitting and adjusting any
State Board. The Committees hear discipline cases
prescription lens or lenses and the submission of cer-
assigned to them, sitting with a hearing officer, and
tificates issued by three physicians who specialize in
make a proposed decision to the Board. The Board
the treatment of the eye, stating that the applicant is
may accept the decision or order one of several types
experienced, competent, has good character, and SO on.
of re-hearings. The same legislation redefined and
44
AN EXAMINATION OF THE
somewhat expanded the licensee actions calling for
Accrediting Schools of Nursing
disciplinary measures in the area of imcompetence
Within the State of California there are 65 ac-
and gross negligence. These types of cases-and others
involving evaluation of professional performance-
credited programs of nursing education within three
are generally heard by a Committee or the Board it-
general categories: (1) 15 schools offering the Bac-
self sitting with a hearing officer, rather than solely
calaureate Degree, (2) 18 programs within hospitals
by the latter. In recent years the Board has been
which give a Diploma in Nursing, and (3) 32 junior
participating in perhaps 20 to 25 per cent of the hear-
college programs leading to an Associate Degree. The
ings; the District Committees should assume some of
Board sets standards as to faculty, facilities, and
this activity.
curriculum and maintains a continuing supervision
of the schools following the granting of Certificates
The 1965 legislation permits the Board to revoke a
of Accreditation. The nursing education consultants
license for certain acts which formerly could be
conduct inspections, consult with school officials, and
done only after a court conviction on criminal
make recommendations to the Board. The Board acts
charges-as commission of any act involving moral
upon all matters relating to granting or withdrawal
turpitude, dishonesty, or corruption.
of accreditation and approves changes in school direc-
The number of disciplinary cases processed by the
tors and curriculum.
Board in the year 1965 which reached the hearing
stage totaled 131, resulting in 24 revocations, 32 revo-
Licensing
cations stayed and the licensee placed on probation, 8
A person must be licensed by the Board to engage
suspensions or other penalties, 1 dismissed, and 66
in the practice of professional nursing. Primary re-
carried forward pending decision.
quirements are graduation from an accredited school
Enforcement-Other Licensed Groups
and successful completion of a written examination.
Graduation from out-of-state schools is recognized
There is substatial similarity in the enforcement
provided those schools have programs equivalent to
programs affecting all groups licensed by the Board of
the minimums set for schools within California. The
Medical Examiners for several reasons; the Board
examination used is a national one developed by the
sets general policy, the same staff serves all groups,
National League for Nursing (State Board Test Pool
and since all function in the field of the healing arts
Examination). Representatives of the Board partici-
the punishable offenses are much the same. The more
pate in its preparation and the draft examination
frequent disciplinary actions deal with cases of in-
is reviewed and approved by the Board. In recent
temperance, use of drugs, and providing services out-
examinations approximately 10 per cent of the Cali-
side those authorized by law. Perhaps two or three
fornia nurse applicants have failed, compared with
disciplinary cases involving members of each of the
a national average of 15 or more per cent failure.
other licensed groups are processed each year under
Registered or professional nurses from out-of-state
the Administrative Procedure Act.
are licensed on a reciprocal basis without examination,
subject to a documentary review of their educational
BOARD OF NURSING EDUCATION AND NURSE
background.
REGISTRATION
There are at present 122,500 licensed nurses. Of
Functions
these an estimated 20 percent reside outside the State
The Board of Nursing Education and Nurse Regi-
and roughly one-third are currently inactive (not
stration regulates professional nursing in California.
working as nurses). The fee for examination and ini-
In SO doing, the Board accredits schools of nursing
tial licensing is $20 with a biennial renewal fee of
$6.
and approves programs of nursing education, licenses
or registers professional nurses, and otherwise ad-
Enforcement
ministers the Nursing Practice Act.
The Nursing Practice Act specifies a number of
Organization
causes for disciplinary action including unprofes-
sional conduct, incompetence, gross negligence, in-
The Board is comprised of five registered profes-
temperance, narcotic or dangerous drug use or un-
sional nurses and one public member. Required by
authorized handling, and engaging in the practice of
law to meet three times annually, the Board in prac-
medicine. Certain of these are not easily defined or
tice meets at least twice that often in two or three
detected. On receipt of a complaint or report of such
day sessions. In addition to enacting rules and regu-
alleged actions an investigation may be ordered by
lations and giving general guidance to the Executive
the Executive Secretary. The Division of Investiga-
Secretary, it acts on numerous specific matters such
tion service is used. If the Investigator's report gives
as accreditation of nursing schools, disciplinary mat-
evidence of need for disciplinary action, the normal
ters, and applicant appeals. The staff of 33 includes
procedure is referral by the Executive Secretary to
7 nursing education consultants who work closely
the Attorney General and a hearing by the Office of
with schools of nursing and office personnel engaged
Administrative Procedure. The proposed decision of
in licensing activities and the processing of disciplin-
the hearing officer is referred to the Board for mail
ary actions.
vote and appropriate action is taken. Cases in which
DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS
45
incompetence is charged are heard by the Board
papers. Candidates must achieve a passing score of
sitting with the hearing officer.
75 per cent on each part to pass the examination.
The more common disciplinary actions are license
Candidates who do not pass the entire examination
suspension or revocation. When a license is revoked
are allowed conditional credit for those portions on
the licensee can apply to the board for reinstatement
which they received a score of 85 percent and need
after one year; the Board in considering such a re-
not retake these at the next examination.
quest may call the applicant before it or order a regu-
There is no reciprocity for optometrists from other
lar hearing. These cases occupy a significant portion
states. A number of states (not California) use a
of the Board's time. Suspensions are normally
standardized examination composed by the National
"stayed" and the nurse placed on probation-under
Board of Examiners in Optometry; the Board is now
the supervision of a committee comprised of two
exploring the possibility of recognizing the results of
board members and a staff representative. In the year
this examination.
ending June, 1966 a total of 229 cases were investi-
The law provides that any licensed optometrist,
gated, of which 72 went to formal hearings and re-
upon payment of an annual $15 registration fee, may
sulted in 12 suspensions and 38 revocations. Com-
operate a branch office in which he employs other
plaints of persons practicing professional nursing
licensed optometrists. Prior to October 1, 1959, there
without a license are frequently received, but are
was no limit to the number of such branch offices
often difficult to resolve because of the problem of
but a legislative enactment at that time imposed a
definition as to what constitutes "professional"
limit of one (in addition to the optometrist's prime
nursing.
place of business). A grandfather clause allowed con-
tinued operation of branch offices existing prior to
STATE BOARD OF OPTOMETRY
this date.
Functions
The Board has an accreditation program for
The State Board of Optometry examines and
schools of optometry which includes periodic inspec-
grants licenses to optometrists and optometrist
tions of those within California. Outside-of-state
branch offices and generally regulates the practice of
schools are accredited through a study of course cata-
optometry.
logs, course descriptions, and related materials. In
approving the facilities of out-of-state schools, the
Organization
Board accepts the accreditation of the Council on Op-
The Board is comprised of six members appointed
tometric Education of the American Optometric As-
by the Governor for four-year overlapping terms.
sociation.
Five members must be practicing licensees of the
Board and the sixth a public member. The Board
Enforcement
meets five to seven times per year. The staff consists
The Board uses the services of the Division of In-
of the Executive Secretary and an office employee.
vestigation. A large proportion of the complaints in-
vestigated deal with alleged improper advertising,
Licensing
among other allegations investigated are: unaccept-
An applicant for licensure is required to be 21
able or immoral conduct, frauds and misrepresenta-
years of age, of good moral character, a high school
tions, inefficiency and incompetence, habitual intoxi-
graduate; and to have completed 60 semester units
cation, unlicensed practice, and aiding and abetting
of collegiate work including certain required subjects
unlicensed practice. Many cases are resolved with
and three years of instruction in an accredited school
what might be termed administrative warnings by
of optometry. Applicants with technically deficient
the staff of the Board. It is felt that a formal warn-
applications or lacking the required educational prep-
ing could only result from a formal proceeding. Cases
aration are SO advised administratively and given an
involving serious violations are referred to a formal
opportunity to present further information or re-
administrative hearing; during the last three years
quest a hearing. When an applicant does not appear
there have been two suspensions and one revocation
to satisfy the good character requirement, the appli-
ordered. In addition, there have been two prosecu-
cation is denied and a hearing conducted in accord-
tions and two convictions of unlicensed practice and
ance with the Administrative Procedure Act.
five proceedings initiated by statements of issues,
The optometrist license examination, conducted
four of the latter having to do with the licensing of
once a year, is composed, administered, and graded
branch offices.
by the Board and staff. Of about 100 candidates ex-
amined each year, approximately 90 per cent are suc-
BOARD OF PHARMACY
cessful. The test is divided into eight parts-five writ-
Functions
ten and three practical. The professional members of
the Board write questions for the written parts of
The Board of Pharmacy licenses pharmacists and
the examination and determine what types of forms
other individuals and establishments engaged in the
and instructions will be needed for both the written
manufacture and distribution of pharmaceuticals and
and practical parts. They also determine procedures
carries out an extensive educational and enforcement
to be followed in the administration of the examina-
program covering all aspects of the pharmaceutical
tion and personally correct and grade examination
industry.
46
AN EXAMINATION OF THE
Organization
pose of the licensing being to know who is in the busi-
The Board of Pharmacy is a policy and regulatory
ness and to impose needed controls over this activity.
body comprised of seven registered pharmacists and
The law prescribes that any drug manufactured or
one public member appointed by the Governor for
sold in California must be prepared under the super-
four-year staggered terms. The staff includes an Exec-
vision of a licensed pharmacist. The Board licenses
utive Secretary who by Board ruling is a registered
manufacturers inside and outside of the State. After
pharmacist and eleven inspectors, similarly registered.
examination of such an applicant's qualifications, the
The inspectors are engaged in a continuing program
Board may grant a Certificate of Exemption for a non-
of pharmacy inspections and the investigation of com-
pharmacist to manufacture drugs.
plaints or reports of alleged infractions of the law or
Enforcement
Board regulations.
The Board's inspectors make regular inspections of
Licensing Activities
licensed pharmacies to assure compliance with code
The Board licenses pharmacists and issues various
provisions and Board regulations and to provide in-
formational-educational assistance to licensees. The
permits or certificates for retail pharmacies; drug
manufacturers and wholesalers; manufacturers, whole-
services of the Division of Investigation are used in
salers, and retailers of prophylactics; retailers of
the investigation of alleged offenses of the type in-
hypnotic drugs; wholesalers and retailers of hypoder-
volving "street crimes.' In fiscal year 1965-66 an
mic syringes and needles; itinerant vendors; and gen-
estimated 1,200 complaints were received. Of these 408
eral dealers.
were referred to the Division; 356 were investigated
by Pharmacy Inspectors; the balance were otherwise
The requirements for certification as a registered
disposed of 175 formal warnings issued by Pharmacy
pharmacist include graduation from an approved col-
Inspectors, and 32 administrative hearings held which
lege of pharmacy, one year of experience under the
resulted in 24 suspensions and 4 revocations. Among
direct supervision of a registered pharmacist, good
the more frequent offenses leading to formal discipli-
moral character and temperate habits, and successful
nary action are filling or refilling prescriptions with-
completion of an examination. Applications are re-
out a physician's authorization, operation of a phar-
ceived and reviewed by the staff, a four-member cre-
macy without a registered pharmacist on duty, false
dentials committee of the Board, and finally the Board
advertising, and conviction of a felony or offense in-
itself. The examination is prepared and administered
dicating bad character. The code prescribed numerous
by the members of the Board and is given four times
grounds for action, including narcotic act violations,
a year. It contains both performance and written sec-
gross negligence or incompetence, gross immorality,
tions. Of the 710 candidates examined in the year
and unprofessional conduct.
past, 545 passed. There are now approximately 12,000
The Board participates actively in the enforcement
licensees.
program-reviewing investigation reports, calling
Code provisions and Board regulations relating to
alleged offenders before it, issuing formal warnings,
the several categories of permits and certificates are
and acting on hearing officer recommendations.
quite comprehensive in prescribing conditions and con-
trols in connection with facilities, sanitation, security,
BUREAU OF PRIVATE INVESTIGATORS
and dispensing procedures, particularly as regards
AND ADJUSTERS
narcotic and dangerous drugs, poisons, hypodermic
Background
materials, and prophylactics. A retail pharmacy per-
mit may, for example, be issued to any responsible
Private detectives were licensed by the Board of
person of good character, but a licensed pharmacist
Prison Directors prior to 1947 at which time this ac-
manager must be on duty in such an establishment at
tivity was transferred to the Department of Profes-
all times. A 1963 Act of the legislature provides that a
sional and Vocational Standards and placed in a bu-
physician may not own a pharmacy. (The Board is ap-
reau rather than under a licensing board.
pealing a recent superior court decision that this re-
Functions
striction does not apply to a corporation owned by a
group of physicians.)
The Bureau now licenses private investigators, pri-
As already noted, special licenses are issued for
vate patrol operators, insurance adjusters, and re-
possessors. The primary purpose of the licensing is
handling hypnotic drugs (e.g. sleeping pills), hypoder-
protection of the public from fraud and deception on
mics, and prophylactics. A retail pharmacy license
the part of persons engaged in the investigative busi-
conveys the right to sell these items. The drug whole-
ness.
saler license conveys the right to sell hypodermics, but
not hypnotics or prophylactics. A "general dealer"
Organization
license is issued to country grocery stores, which al-
There is no licensing board, advisory or otherwise.
lows them to sell a few prepared drugs in addition to
Because of the low volume of activity, a full-time bu-
those sold by an ordinary grocery store. Itinerant
reau head has not been employed in recent years-at
vendors are licensed to sell non-prescription drugs
present the Executive Secretary of the Board of
door-to-door. There are no established qualification
Chiropractic Examiners acts in that capacity, assisted
standards for this, other than good character, the pur-
by four office employees.
DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS
47
Licensing
CERTIFIED SHORTHAND REPORTERS BOARD
Each person, partnership, or firm wishing to engage
Functions
in the subject business or vocations must apply for and
The Certified Shorthand Reporters Board regulates
obtain a license. Only one person-the regulations say
the profession of shorthand reporter and certifies the
the individual in charge of a firm's activities-need
competency of its practitioners. The law requires all
qualify by meeting the special requirements and suc-
courts to use certified reporters with the provision that
cessfully passing the examination given by the Bu-
an uncertified reporter may be used when no certified
reau. Other partners and officers must be identified
reporter is available.
and copies of their fingerprints submitted with the ap-
plication. Employees who would be engaged in investi-
Organization
gative assignments are required to register, but not to
obtain a license. This applies only to regularly em-
The Board is comprised of five members appointed
ployed staff, defined as persons who work for at least
by the Governor and confirmed by the Senate for
30 uninterrupted days. Further, persons who work
four-year overlapping terms. Two must be members of
exclusively for such employers as a law firm or an
the State Bar and three must be persons who hold
insurance company need not be either licensed or
certificates issued by the Board with five years' experi-
registered.
ence as shorthand reporters. Staff is shared on a pro
In the past the Bureau has engaged under contract
rata basis with three other licensing boards-Land-
an examinations testing firm to develop and adminis-
scape Architects, Veterinarians, and Yacht Brokers.
ter examinations for the several categories on a quar-
terly basis. Bureau personnel did not see the examina-
Licensing
tions, before or after they were administered; the test-
The prerequisites for certification are age 21, U.S.
ing service simply provided the Bureau with a list of
citizenship (or declaration of intent), good moral char-
those who took the exam and the grades received. The
acter, high school education or equivalent, and one of
next group of examinations to be given are being pre-
several types of qualifying experience. Candidates are
pared by the Examinations Consultant of the Depart-
tested on their ability to receive and transcribe dicta-
ment of Professional and Vocational Standards (on
tion as well as their knowledge of grammar, punctua-
loan from the State Personnel Board). A $25 fee is
tion, and spelling. The full day examination is admin-
charged for the examination and a person may take
istered twice a year. The Board composes the practical
it as many times as he wishes until he passes, paying
portions of the examination and participates actively
-the reexamination fee is $10. It was reported that
in the examination process. the English portions of
some have taken the examination as many as six or
the examination are composed and graded by an ex-
eight times. When the applicant is notified of the time
amination service. The examination fee is $25; the
and place of examination, he is given a packet of mate-
original certificate fee and the biennial renewal fee
rials to study and an outline of the subject matter of
are $40.
the examination and the weight to be given each sec-
All license applications are reviewed by the staff;
tion. From 60 to 80 per cent successfully pass the
questionable applications are referred to the Board.
examination. There is a requirement in the law that
There is some question whether or not the provisions
an applicant must have at least two years' prior quali-
of the Administrative Procedure Act are applicable to
fying experience for private investigator and insur-
the denial of an application by the Board. In practice,
ance adjuster and one year for private patrol opera-
however, appeals from denied applicants are referred
tor and repossessor.
to an administrative hearing.
The Bureau now licenses approximately 1,800 per-
All but a few of the 450 candidates examined an-
sons and firms.
nually by the Board are stenotype operators. Ap-
proximately 40% of all candidates are successful in
Enforcement
the examination.
Grounds for disciplinary action against a licensee or
Enforcement
registrant include offenses involving dishonesty or
The Board uses the services of the Division of
fraud, impersonation of a law enforcement officer, re-
Investigation. There are few disciplinary actions
fusal to render agreed-upon services or reports to a
against licensees; the bulk of enforcement activity
client, undue use of force, and other such actions.
being directed toward the restriction of the word
The Bureau makes use of the Division of Investiga-
"certified" to qualified persons. Use of the word
tion to verify complaints regarding licensees and
"certified" without having qualified is a misdemeanor
registrants. The Bureau reviews investigative reports
and persistent violators are referred to local district
and takes whatever action judged appropriate, refer-
attorneys for prosecution. Most revocations or sus-
ring serious cases to the Attorney General for advice
pensions result from violation of the good moral char-
and possible action under the Administrative Proced-
acter requirement. Disciplinary proceedings are taken
ure Act. In the year ending June 30, 1966, a total of
under the provisions of the Administrative Procedure
265 investigations were ordered; 12 hearings were con-
Act. In fiscal year 1965-66 no such hearings took
ducted resulting in 4 revocations and 4 suspensions.
place.
48
AN EXAMINATION OF THE
BOARD OF SOCIAL WORK EXAMINERS
Organization
Functions
The Board is comprised of six members, five of
The Board of Social Work Examiners examines
whom must be Board licensed operators and one a
and grants certificates of registration to social
public representative. All are appointed by the Gov-
workers. It is not a mandatory licensing program;
ernor for four-year staggered terms. The Board ap-
the preponderance of practicing social workers do not
points, with the approval of the Department Director,
meet the standards and thus are not registered with
a registrar who heads a staff of 17 employees en-
the Board. The certificate issued by the Board entitles
gaged in the processing of licenses and inspection
a person to style himself a Registered Social Worker
reports.
and to use the letters RSW in connection with his
name, thus identifying himself to the public as hav-
Licensing
ing met the state-set standards.
No person can engage in structural pest control
work unless he is licensed by the Board, thus this
Organization
is a mandatory licensing program prescribed by law.
The Board is comprised of seven members appointed
Several categories of licenses are issued, depending
by the Governor for four-year overlapping terms. At
on the type of work to be performed. An applicant
least two members must represent the public and
for an operators license must provide the Board with
the rest must be licensees of the Board with at least
specific information concerning his business associates
five years of social work experience. The law provides
and place of business and, depending on the category
that the Executive Secretary appointed by the Board
of license, show two to four years' experience in pest
must also be a licensee of the Board.
control work. An examination is given covering per-
tinent laws and theories, practices, and techniques of
pest control.
Licensing
Applicants for Field Representative licenses must
The law requires only that an applicant for certi-
furnish, in addition to information on previous em-
fication be a U.S. citizen and pass the licensure ex-
ployment and experience, a statement from employers
amination. By regulation, the Board has further pro-
or others as to "honesty, truthfulness, and good repu-
vided that an applicant must possess a master's de-
tation. As in the case of licensing operators an
gree in social work and have completed at least two
examination is given, covering much the same subject
years of graduate study.
matter. Once licensed, a field representative must
Regular examinations are scheduled in most major
notify the Board of any changes in employment.
cities of the State, twice per year. Special examina-
Examination material is developed by an "examin-
tions are administered any place or time, inside or
ations commission" engaged for this purpose on an
outside of the State, that three or more candidates
as-needed basis with the Board reviewing the ma-
wish to take the test. From 150 to 200 candidates
terial prior to its inclusion in the examination. The
are examined annually of which over 95 per cent are
Cooperative Personnel Service of the State Personnel
successful. The current examination was composed by
Board is hired to finally prepare and grade the
a special committee in 1963. It is graded by the Board
examination booklets but the Board administers the
staff. Fees consist of a $10 application fee and a $10
examinations. In the year past 994 persons were
annual renewal fee. There are approximately 3,400
tested, 345 of whom received passing grades. At pres-
licensees in the State at this time.
ent there are 1,200 operator and 1,540 field repre-
sentative licenses.
Enforcement
There is not active enforcement program in that
Special Services
very few complaints are received or offenses re-
The Board receives and maintains reports of all
ported-none during fiscal year 1965-66. The law
structural pest inspections, copies of which are sold
provides that a license may be revoked for moral
to the public-this is a well-used service.
turpitude, fraud, sedition, and other causes but the
Board has no investigative program to uncover such
Enforcement
actions. Any disciplinary actions which do arise as
The enforcement program is a relatively strict and
a result of citizen complaints must be heard under
comprehensive one. In the 1965-66 fiscal year, for
the provisions of the Administrative Procedure Act.
example, there were 98 license suspensions and 19
One license has been revoked under this procedure
revocations. Minor infractions are settled informally
during the last ten years.
by the Board and major ones processed through the
Office of Administrative Procedure with the Office
STRUCTURAL PEST CONTROL BOARD
of the Attorney General acting as counsel for the
Board. The Board makes full use of the services of
Functions
the Division of Investigations; in the past year it
The Structural Pest Control Board licenses Struc-
referred nearly 850 complaints for such investiga-
tural Pest Control Operators and Field Representa-
tion. The grounds for disciplinary action set forth
tives and regulates licensees in accordance with the
in the code include all of those found in most licens-
governing code provisions.
ing acts as well as failure of a licensee fully to
DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS
49
conform with the terms of contracts executed with
Enforcement
clients, negligence, and misrepresentation.
Each of the 950 registered animal hospitals is in-
In part because of code provisions relating to work-
spected on an average of once per year, by personnel
manship, prices, and performance according to con-
of the Division of Investigation. Inspectors typically
tracts, the Board functions in the role of a conciliator
examine sanitary conditions and the degree of com-
in processing many complaints. In these cases the
pliance with code provisions and Board rules and
operator generally complies with suggestions to cor-
regulations. As a result of infractions discovered dur-
rect any deficiencies in his performance rather than
ing these inspections the Board may issue warnings
face formal disciplinary proceedings.
or order a more intensive investigation. Infractions
Operators are required to post a $2,000 surety
involve sanitary deficiencies, fraud, deceit, negligence,
bond and to carry insurance in the minimum amount
incompetence, drunkenness, the improper use of drugs
of $25,000 bodily injury and $25,000 property dam-
and conduct reflecting unfavorably on the profession.
age. After a license suspension, an operator must also
Serious or repeated violations may result in the sus-
post an additional bond of from $1,000 to $8,000,
pension or revocation of a license, after a hearing
depending on the seriousness of the violation leading
conducted under the provisions of the Administrative
to the suspension.
Procedure Act.
BOARD OF EXAMINERS IN VETERINARY
BOARD OF VOCATIONAL NURSE EXAMINERS
MEDICINE
Functions
Functions
The Board of Vocational Nurse Examiners examines
The Board of Examiners in Veterinary Medicine
and licenses vocational nurses and psychiatric techni-
examines and licenses qualified persons to practice
cians. The duties of a psychiatric technician are simi-
veterinary medicine and regulates such practice. The
lar to those of a vocational nurse, except that they
Board is also charged with the inspection and regis-
specialize in the care of mentally ill and retarded
tration of all premises where veterinary medicine
patients.
is carried out.
Licensing of psychiatric technicians was instituted
in 1959 and then suspended in 1963 due to a lack of
Organization
funds to administer the program. The program was re-
The Board is comprised of six members appointed
activated on a trial basis in 1965; in 1968 the Legis-
by the Governor for four-year overlapping terms.
lature will re-evaluate the financial condition of the
Five of the members must be veterinarians who have
program and determine whether it will be extended.
been residents of, and engaged in the practice of
veterinary medicine in, California for at least five
Organization
years prior to appointment. The sixth is a public
The Board is comprised of eleven members ap-
member. No two members may reside in the same
pointed by the Governor for four-year overlapping
congressional district. Staff is shared on a pro rata
terms. Five members must be licensed vocational
basis with three other boards-Landscape Architects,
nurses, two certified psychiatric technicians, one phy-
Shorthand Reporters, and Ship and Yacht Brokers.
sician and surgeon, one registered nurse with experi-
ence as a teacher or administrator, one hospital ad-
Licensing
ministrator, and one public school administrator. The
The Board conducts semiannual examinations which
vocational nurse staff consists of an Executive Secre-
include theoretical and practical sections. The former
tary ( ³ time), an administrative assistant ( & time),
is part of a standard examination composed and
two nursing education consultants, and five office per-
graded by the Professional Examination Service, a
sonnel; the psychiatric staff consists of the Executive
division of the American Public Health Association.
Secretary (1 time), administrative assistant (1
The two day practical portion of the test is prepared
time), one nursing education consultant and one office
by the Board and administered and graded by the
worker. The Executive Secretary is required by law
Board and staff. Some 200 candidates are examined
to be either a registered nurse or else a licensed voca-
each year, with approximately 80 per cent passing.
tional nurse.
There are now 2,642 licenses in effect. There is a $30
application fee and $35 license and biennial renewal
Licensing
fee.
The requirements for licensure as a Licensed Voca-
To qualify for a veterinary license an applicant
tional Nurse are age 17, citizen of U.S. or declaration
must demonstrate that he is of good moral character
of intention, equivalent of a tenth grade education,
and be a graduate of a veterinary college recognized
good character, and completion of a 12-month accred-
and approved by the Board. Application denial pro-
ited course in vocational nursing or the equivalent.
ceedings are conducted under the provisions of the
The Board's interpretation of the latter requirement,
Administrative Procedure Act, although the Board
until recently, limited candidates to graduation from
is not required by law to do.so.
same type of vocational nursing school. This year the
All veterinary premises must be registered with
Board adopted a policy that six and one-half years
the Board, for which a fee of $10 is assessed.
of paid nursing experience is qualifying. There has,
50
AN EXAMINATION OF THE
therefore, been a large increase in the number of ap-
Enforcement
plicants 1,350 applications were accepted for the Oc-
The Board uses the services of the Division of In-
ber, 1966 examination. In recent years the Board has
vestigation. A small percentage of enforcement work
examined from 1,500 to 2,000 candidates annually, the
is devoted to restriction of the unlicensed use of the
examination given at roughly four-month intervals.
title Licensed Vocational Nurse. Most enforcement ac-
The application fee for the Licensed Vocational Nurse
examination is $15. A candidate who fails the exami-
tivity involves background investigations of licensees
nation may take it twice more at a cost of $5 per test
or applicants to determine compliance with the good
character requirement. All disciplinary actions are
and after a third failure must take or repeat an ac-
conducted under the provision of the Administrative
credited course before again being re-examined. The
Procedure Act.
biennial license renewal fee is $15.
The requirements for licensure (certification) as a
YACHT AND SHIP BROKERS COMMISSION
psychiatric technician are age 19, citizen of U.S. or
declaration of intention, equivalent of a twelfth-grade
Functions
education, good character, and completion of a 12-
The Yacht and Ship Brokers Commission licenses
month accredited course or the equivalent. In regard
and regulates brokers and salesmen who, for others,
to the latter requirement, there are now no courses ac-
sell, purchase, rent, lease, charter, or negotiate loans
credited by the Board. The staff training programs at
on yachts or ships.
several State mental hospitals are now under consider-
ation for accreditation. The Board has set the equiva-
Organization
lent to the required training course at two years' em-
ployment in a psychiatric nursing unit.
The Commission is comprised of five members ap-
pointed by the Governor for four-year overlapping
Both licensed vocational nurses and psychiatric
terms. Four of the members must be persons who have
technicians are required to take licensure examina-
for a period of not less than five years preceding the
tions. The licensed vocational nurse examination is a
date of their appointment been actively engaged and
standardized national test composed and graded by the
licensed as yacht and ship brokers. The fifth is a public
American Nurses' Association and the National
member. Staff is shared on a pro rata basis with three
League for Nursing in cooperation with the various
other licensing boards-Landscape Architects, Veter-
state licensing boards. Each state board establishes its
inarians, and Shorthand Reporters.
own passing score. The examination is revised every
two years. The failure percentage tends to decline
Licensing
from about 14 per cent when the test is first adminis-
tered to 6 per cent the sixth time it is administered.
The basic licenses issued by the Board are broker
The Board grants licenses to qualified candidates
licenses, salesmen licenses, and broker branch office.
from other states without examination if they had at-
The prerequisites for licensure as a broker are age 21,
tained a passing score on the national examination
good moral character, and one of several types of ship-
equal to that set for California applicants.
ping or ship sales related experience. The qualifica-
No standardized examination is available for psy-
tions for a salesman are age 21 and good moral char-
acter. An application for a broker's license must be
chiatric technicians because no other state has a psy-
chiatric technician licensing program. When the Board
accompanied by two character references from yacht
brokers or real estate brokers of the county in which
began licensing psychiatric technicians in 1959, it
adopted a variation of the State Department of Men-
the applicant resides. The Commission is not required
by law to refer application denial appeals to an ad-
tal Hygiene's comprehensive examination for psychia-
tric technicians. The examination is now in need of
ministrative hearing, but in practice does SO.
revision. Because some of the Department of Mental
Both brokers and salesmen are required to take ex-
Hygiene's training courses may shortly be accredited
aminations, composed by the Commission, which cover
by the Board, it is no longer considered desirable to
basic questions on the law of principle and agency,
use examinations prepared by that institution. The
sales tax regulations, boating regulations, Yacht and
failure rate for the current examination is three per
Ship Brokers Act provisions, and marine terminology.
cent. The psychiatric technician application and an-
Approximately 200 candidates per year are examined
nual license renewal fees are both $10.
with an average of 65 per cent passing. There are
now 680 outstanding broker, salesman, and branch
The Board is not required by law to conduct license
office licenses. The examination fee for both broker
denial proceedings under the provisions of the Ad-
and salesman is $15. The original license fees are:
ministrative Procedure Act; in practice, however,
broker, $100; salesman, $25; and branch office $10;
denial proceedings involving the applicant's character
annual renewal fees are: broker, $25; salesman, $15;
are SO conducted.
and branch office, $10.
The Board is responsible for the accreditation of
Licensed salesmen must work for a licensed broker
vocational nursing schools of which there are 65 in
California-all associated with hospitals and other
and a salesman's license is automatically cancelled
health agencies. Background work for accreditation is
when he leaves the employ of a broker. Through pay-
performed by the Board's two full-time nursing edu-
ment of a $5 fee a license may be reinstated under
cation consultants.
another broker.
DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS
51
Enforcement
equally between licensed and unlicensed activities.
Yacht and ship brokers are frequently required to
Disciplinary actions are taken under the Administra-
act in a fiduciary capacity for their clients and thus
tive Procedure Act.
are required to post a $2,500 surety bond with the
Two actions by the Commission against the surety
Commission. Any person injured by the actions of a
in the last year resulted in $5,000 being distributed to
broker may bring action against this bond.
members of the public who were financially harmed
The Commission uses the services of the Division of
in their dealing with brokers, who subsequently sur-
Investigation. Enforcement work is divided about
rendered their licenses.
o
printed in CALIFORNIA OFFICE OP STATE PRINTING
75323-404 8-67 2M
y