BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1955|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 445-6614 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 1955
Author: Figueroa (D), et al
Amended: 8/27/02
Vote: 27
SENATE BUSINESS & PROFESSIONS COMMITTEE : 5-0, 5/6/02
AYES: Figueroa, Johannessen, Machado, O'Connell, Polanco
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 30-8, 5/28/02
AYES: Ackerman, Alarcon, Alpert, Battin, Bowen, Burton,
Costa, Dunn, Escutia, Figueroa, Johannessen, Karnette,
Kuehl, Machado, Margett, McPherson, Monteith, Murray,
O'Connell, Ortiz, Peace, Perata, Polanco, Romero, Scott,
Sher, Soto, Speier, Torlakson, Vasconcellos
NOES: Brulte, Haynes, Johnson, Knight, McClintock, Morrow,
Oller, Poochigian
ASSEMBLY FLOOR : 74-0, 8/29/02 - See last page for vote
SUBJECT : Medical boards
SOURCE : Author
DIGEST : This bill extends the sunset dates for the Board
of Podiatric Medicine, the Physical Therapy Board and the
Respiratory Care Board; eliminates the existing Optometry
Board, creates a newly appointed Optometry Board, extends
the sunset date for the new Optometry Board for two years,
and makes other changes to the Optometry Board pursuant to
CONTINUED
SB 1955
Page
2
the recommendations of the Joint Legislative Sunset Review
Committee (JLSRC) and the Department of Consumer Affairs
(DCA).
Assembly Amendments add the provisions:
1. Make changes dealing with disciplinary actions against a
physical therapy licensee on probation and require the
Physical Therapy Board of California to do the
monitoring.
2. Authorize the Franchise Tax Board to relay unlicensed
activity of tax preparers to the California Tax
Education Council.
3. Add provisions relating to the qualification of a public
member on a board.
4. Require that new and old members complete a training and
orientation program.
5. Include provisions to avoid chaptering out problems with
SB 1950 and SB 2026.
ANALYSIS : This bill:
1. Makes the following changes pertaining to the State
Board of Optometry (SBO):
A. Provides for the reconstitution of the existing
SBO on January 1, 2003.
B. Extends the inoperative and repeal dates of the
new SBO and executive officer to July 1, 2005 and
January 1, 2006, respectively.
C. Adds two public members to the composition of the
SBO.
D. Specifies that the new SBO shall retain the
authority previously vested by the existing SBO with
respect to conducting investigations, inquiries, and
disciplinary actions or proceedings. Additionally,
specifies that the new SBO may enforce all
SB 1955
Page
3
disciplinary actions undertaken by the current SBO.
E. Specifies that no member serving on the SBO from
January 1, 2000 to June 1, 2002, shall eligible for
re-appointment.
F. Specifies that the SBO may adopt regulations
clarifying the level of training and the level of
supervision of assistants.
1. Makes the following changes pertaining to the Board of
Podiatric Medicine (BPM):
A. Extends the inoperative and repeal dates of the
BPM for four years, to July 1, 2007, and January 1,
2008, respectively.
B. Specifies that an applicant for licensure shall
have passed Parts I, II, and III of the examination
administered by the National Board of Podiatric
Medicine.
C. Refines the BPM continuing competency program by
adding passage of Part III of the examination within
the past 10 years as an additional pathway.
D. Extends the sunset date on the biennial renewal
fee by two years to January 1, 2006.
1. Makes the following changes pertaining to the
Respiratory Care Board (RCB):
A. Extends the inoperative and repeal dates of the
RCB for four years, to July 1, 2007, and January 1,
2008, respectively.
B. Specifies that completion of a RCB approved
respiratory care program and an Associates Degree are
requirements for licensure.
C. Specifies that the RCB may deny, suspend, or
revoke a license for working or applying for work
under the influence of alcohol.
SB 1955
Page
4
D. Authorizes the RCB to issue citations to those
employers and persons performing the duties and
functions of a respiratory care therapist when they
are clearly not qualified and authorized to do so.
E. Allows respiratory care therapists placed on
probation for misdemeanor crimes the opportunity to
terminate probation providing the opportunity to
ensure fair discipline is imposed in accordance with
the RCB's new policy on discipline.
F. Makes other technical and clarifying changes.
1. Makes the following changes pertaining to the Physical
Therapy Board of California (PTBC):
A. Extends the inoperative and repeal dates of the
PTBC for four years, to July 1, 2007, and January 1,
2008, respectively.
B. Includes PTs and PTAs in the mandated reporting of
civil law suits and peer review (commonly referred to
as Section 805 reporting).
C. Requires PTs to document all treatment in a
patient record.
D. Requires PTs to provide complete information to
the patient regarding their treatment and care.
E. Redefines what constitutes unprofessional conduct
and enables the PTBC to discipline PTAs for such
conduct.
Comments :
This bill is one of six "sunset review bills" authored by
the Chair of the JLSRC. They are intended to implement
legislative changes as recommended by the JLSRC for several
licensing boards reviewed by the JLSRC in 2001/02.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
SB 1955
Page
5
ASSEMBLY FLOOR :
AYES: Aanestad, Alquist, Aroner, Ashburn, Bates, Bogh,
Briggs, Calderon, Bill Campbell, John Campbell,
Canciamilla, Cardenas, Cardoza, Cedillo, Chan, Chavez,
Chu, Cogdill, Cohn, Corbett, Correa, Cox, Daucher, Diaz,
Dickerson, Dutra, Firebaugh, Florez, Frommer, Goldberg,
Harman, Havice, Horton, Jackson, Keeley, Kehoe, Kelley,
Koretz, La Suer, Leach, Leonard, Leslie, Liu, Longville,
Lowenthal, Maddox, Maldonado, Matthews, Migden, Mountjoy,
Nakano, Nation, Negrete McLeod, Oropeza, Robert Pacheco,
Pavley, Pescetti, Reyes, Richman, Salinas, Shelley,
Simitian, Steinberg, Strickland, Strom-Martin, Thomson,
Vargas, Washington, Wayne, Wiggins, Wright, Wyland,
Zettel, Wesson
CP:jk 8/29/02 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
**** END ****