BILL ANALYSIS AB 1746 Page 1 Date of Hearing: March 23, 2010 ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS Mary Hayashi, Chair AB 1746 (Emmerson) - As Introduced: February 8, 2010 SUBJECT : Architects: continuing education. SUMMARY : Authorizes the California Architects Board (CAB) to accept self-certification of completed continuing education (CE) requirements for license renewals. Specifically, this bill : 1)Requires licensees to continue submitting specified documentation of completed CE requirements to CAB as a condition of license renewal until the conclusion of the license renewal cycle beginning January 1, 2011. 2)Requires a licensee to self-certify completed CE requirements to CAB, as a part of the license renewal process, beginning January 1, 2013. 3)Authorizes CAB to audit a licensee's records of CE provider completion, and requires CAB to audit at least three percent of license renewals received each year until January 1, 2015. 4)Requires a licensee to maintain CE records for a minimum of two years from the date of license renewal and to make the records available to CAB for an audit, upon request. 5)Requires a licensee who fails to complete the required CE coursework or provides false or misleading statements to pay a civil penalty not to exceed $5,000, face license suspension or revocation, or by both civil penalty and license suspension or revocation. 6)Requires CAB, on or before January 1, 2019, to submit a letter to the Legislature on required disability access CE provisions that includes the level of licensee compliance, CAB actions taken for noncompliance, CAB audit findings, and CAB recommendations for improvement. EXISTING LAW : 1)Provides for the licensure and regulation of persons engaged in the practice of architecture by CAB. AB 1746 Page 2 2)Requires a licensed architect, as a condition of license renewal, to complete coursework on disability access requirements, as specified, and to certify completion to CAB. FISCAL EFFECT : Unknown COMMENTS : Purpose of the bill . According to the author's office, "SB 1608 (Corbett), Chapter 549, Statutes of 2008, required California architects to take disability access CE as a condition of license renewal. In its brief life, the reporting requirements have been costly and burdensome for CAB to manage. Additionally, it delayed confirmation of license renewal for many architects renewing in 2009 who complied with CE requirements. This bill would change reporting requirements to a certification and audit model?and allow CAB to manage the CE requirements in a more effective and efficient manner." Background . CAB establishes regulations for the examination and licensing of architects in California. There are approximately 22,000 licensed architects and approximately 11,000 candidates who are in the process of meeting examination and licensure requirements. The Governor's veto message of AB 623 (Emmerson) of 2009, which would have required architects to complete additional health, safety, and welfare (HSW) CE requirements as a condition of license renewal states: "This bill would authorize CAB to require a licensee, as a condition of renewal, to certify to CAB that he or she has completed CE in, or relevant to, the practice of architecture in subjects relating to HSW. I am supportive of the provisions that modify the documentation requirements for the existing CE requirements, but I believe this could be done administratively. However, I do not believe we should be placing additional burdens on licensees by demanding they fulfill new CE requirements." The author's office contends that this bill addresses the veto message by deleting the CE requirements relating to HSW and maintaining the self-certification of disability access CE requirements as a condition of license renewal. The author's office contends that other boards have similar AB 1746 Page 3 self-certification and auditing policies for license renewals. CAB would rely on consumer complaints to enforce this bill's provisions. Currently, CAB reviews documentation verifying completed CE requirements for every license renewal; this process requires significant administrative resources and delays when applicants receive their renewal licenses. This bill would have no effect on reviewing completed CE documentation for initial license applications. Support . According to the sponsor, the American Institute of Architects, California Council, "AB 1746 makes a significant change to how architects report their compliance with the existing disability access CE law. This change allows CAB to manage the existing program in a more cost-effective manner. The existing disability access CE law requires every architect to submit documentation to CAB on the disability access courses taken. CAB must read, verify, process, and store the coursework forms. Beginning in 2011, we estimate CAB will receive more than 40,000 of these forms every two years. "AB 1746 removes the requirement that architects submit the disability access coursework forms to CAB, and instead requires architects to certify they took the courses, retain the coursework forms for two years, and give them to CAB only upon an audit. AB 1746 requires CAB to verify compliance with the disability access CE law through random audits. The certify/audit model is widely used by other licensing boards in California to verify compliance with CE requirements, and is a more cost effective model. This change will result in cost savings to CAB." Prior Legislation . AB 623 (Emmerson) of 2009 would have required architects to complete additional CE requirements relating to HSW as a condition of license renewal, if CAB determined that it is in the interest of public HSW. The Governor vetoed this bill. SB 1608 (Corbett), Chapter 549, Statutes of 2008, required as a condition of license renewal, that an architect complete coursework regarding disability access requirements and certify to CAB completion of the coursework prior to their license renewal. REGISTERED SUPPORT / OPPOSITION : AB 1746 Page 4 Support American Institute of Architects, California Council (AIACC) (sponsor) Opposition None on file. Analysis Prepared by : Joanna Gin / B. & P. / (916) 319-3301