BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 2382
          Author:   Blumenfield (D)
          Amended:  7/15/10 in Senate
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  6-0, 6/23/10
          AYES:  Romero, Huff, Alquist, Emmerson, Liu, Price
          NO VOTE RECORDED:  Hancock, Simitian, Wyland

           SENATE APPROPRIATIONS COMMITTEE  :  9-1, 8/2/10
          AYES:  Kehoe, Alquist, Ashburn, Corbett, Emmerson, Leno,  
            Price, Wolk, Wyland
          NOES:  Yee
          NO VOTE RECORDED:  Walters

           ASSEMBLY FLOOR  :  75-1, 5/13/10 - See last page for vote


           SUBJECT  :    California State University:  Doctor of  
          Physical Therapy 
                      degree

           SOURCE  :     Author


           DIGEST  :    This bill authorizes the California State  
          University (CSU) to award a Doctor of Physical Therapy,  
          establishes constraints on the funding and fees for these  
          degree programs, requires their joint evaluation by the  
          CSU, Department of Finance and the Legislative Analyst's  
          Office by January 1, 2015, and sunsets on .January 1, 2019.

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           ANALYSIS  :    Current law provides that the primary mission  
          of the CSU is undergraduate and graduate instruction  
          through the master's degree, but authorizes the CSU to  
          offer joint doctoral degrees with the University of  
          California (UC), or with one or more independent  
          institutions of higher education, only as specified.   
          Current law, in setting forth the missions and functions of  
          California's public and independent institutions of higher  
          education provides, among other things, that UC has the  
          sole authority in public higher education to award the  
          doctoral degree in all fields of learning, except that it  
          may agree with the CSU to award joint doctoral degrees in  
          selected fields.

          Notwithstanding the differentiation of mission and function  
          of the public institutions of higher education, current law  
          authorizes the CSU to independently award the Doctor of  
          Education (Ed.D) degree focused solely on preparing  
          administrative leaders for California public K-14 schools.

          This bill:

          1.Authorizes the CSU to award a Doctor of Physical Therapy  
            (DPT), notwithstanding the Masterplan and its  
            differentiation of mission and function, in order to meet  
            specified physical therapy needs in California, subject  
            to compliance with the following conditions:

             A.    Limits the authority to award a doctorate to the  
                discipline of physical therapy.

             B.    Requires that the amount of state full-time  
                equivalent student (FTES) funding per student be at  
                the agreed upon marginal cost calculation that the  
                CSU receives and further:

                (1)      Requires the FTES funding for the new  
                   students in these programs come from within the  
                   CSU's agreed upon enrollment levels in the annual  
                   Budget Act.

                (2)      Prohibits enrollment in these programs from  
                   altering the ratio of graduate instruction to  
                   total enrollment and diminishing the growth of  

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                   enrollment of undergraduate programs.

             C.    Requires that the degree be focused on preparing  
                physical therapists to provide health care services,  
                and that it be consistent with meeting the  
                requirements of the Commission on the Accreditation  
                in Physical Therapy Education (CAPTE).

             D.    Affirms the authority of the California  
                Postsecondary Education Commission (CPEC) to review,  
                evaluate and make recommendations relating to any and  
                all programs established under the bill's provisions.

             E.    Caps the fees that may be charged students in  
                these programs at the rate charged for students in  
                state-supported DPT programs at the UC (including  
                joint programs of the CSU and UC).

             F.    Requires that start-up funding for these programs  
                be met within existing academic program support  
                budgets, without diminishing the program support  
                offered to undergraduates.

             G.    Prohibits funding of these programs from resulting  
                in reduced undergraduate enrollment at the CSU.

          2.Requires the CSU, Department of Finance (DOF) and  
            Legislative Analyst's Office (LAO) to jointly conduct a  
            statewide evaluation of the implementation of the DPT  
            programs authorized by this bill.  More specifically, it:

             A.    Requires the evaluation to be submitted to the  
                Legislature and the Governor by January 1, 2015.

             B.    Requires the evaluation consider the number of new  
                programs implemented, as specified, the extent to  
                which the programs are fulfilling identified needs  
                for physical therapists, information on subsequent  
                job placement and employment of graduates, program  
                costs, fund sources, and cost per degree awarded, the  
                cost of programs to students, as specified, and the  
                degree of compliance with the bill's provisions.

          3.Sunsets on January 1, 2019.

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           Comments

          Need for the Bill  .  In January 2009, the CAPTE, recognized  
          by the United States Department of Education (USDE) as the  
          entity for accrediting entry-level physical therapists and  
          physical therapist assistant education programs, announced  
          the adoption of new Evaluative Criteria for the  
          Accreditation of Education Programs for the Preparation of  
          Physical Therapists.  These programs are now required to  
          culminate in the awarding of a DPT degree in order to be  
          accredited.  The CAPTE will begin enforcing this criterion  
          effective December 31, 2015.  Educational programs that  
          continue to award the master's degree have until December  
          31, 2017, to come into compliance or have their  
          accreditation withdrawn.

          In California, physical therapists must be licensed to  
          practice by the Physical Therapy Board of California.   
          Obtaining a license requires a master's degree in physical  
          therapy, passage of the National Physical Therapy  
          Examination (NPTE), the California Law Examination (CLE),  
          and a criminal history fingerprint background check.   
          According to the CAPTE, graduation from an accredited  
          program is required for licensure to practice physical  
          therapy in all 50 states, the District of Columbia, and  
          Puerto Rico.  The CSU currently offers a master's degree in  
          physical therapy at four of its campuses and a Joint DPT is  
          offered through San Francisco State University and UC San  
          Francisco.  Without this bill, the CSU master's programs in  
          physical therapy will be forced to close, as these  
          graduates will be ineligible for licensure and unable to  
          enter the profession after 2017.
           
           According to the Senate Education Committee, a similar  
          issue arose a few years ago when the American  
          Speech-Language Hearing Association, a national  
          professional organization representing audiologists and  
          also the accrediting body for professional preparation  
          programs in audiology, speech and language pathology,  
          mandated that beginning in 2007 audiologists would be  
          required to earn a doctorate to attain professional  
          certification.  Schools that did not offer a doctorate in  
          audiology would lose their accreditation.  At that time,  

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          the CSU offered five master's level audiology programs and  
          one joint doctoral program between San Diego State  
          University and UC San Diego.  The Legislature chose not to  
          provide this authorization to the CSU.

          The Senate Education Committee noted that it was not then,  
          nor is it now, the CSU or an independent accrediting or  
          educational evaluation organization that is mandating this  
          change in physical therapy programs.  Again, it is a  
          private professional association that is not only the sole  
          accrediting agency but also the sole provider of individual  
          certification and the national licensing exam.

          Under current law, the CSU is authorized to offer joint  
          degrees with either the UC or private higher education  
          institutions.  Arguably, under this authority, the need to  
          offer the DPT could be met by expanding the type of  
          partnership that exists between UCSF/SFSU.

          Of the 14 education programs in physical therapy within  
          California, nine are offered by private institutions,  
          culminate in a DPT and range in cost from $73,000 to  
          $122,000.  Of the five programs offered by public  
          institutions, only the UCSF/SFSU joint program offers a DPT  
          and CSU Fresno, CSU Long Beach, CSU Northridge and CSU  
          Sacramento offer a masters degree and range in cost form  
          $15,000 to $38,000.

          According to the CSU, their programs are heavily  
          subscribed, with CSU Northridge reporting that in 2010 they  
          received 483 applications for 40 spots with an average  
          increase in applicants of 25 percent per year.  Of  
          approximately 464 graduates of physical therapy programs in  
          the state per year, the four CSU campuses produce about 148  
          (32 percent).

           Prior Similar Legislation

           AB 867 (Nava), 2009-10 Session would have authorized the  
          CSU to award a Doctor of Nurse Practice degree subject to  
          specified conditions.  AB 867 was held under submission in  
          the Senate Appropriations Committee.

          SB 764 (Scott), Chapter 269, Statutes of 2005, established  

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          the authority and conditions under which the CSU could  
          offer the Ed.D degree.  The authority and conditions  
          established in this bill are almost identical to those  
          established for purposes of the awarding of the Ed.D  
          degree.  Passed the Senate Floor with a vote of 33-3 on  
          September 6, 2006.

           FISCAL EFFECT :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/4/10)

          American Nurses Association of California
          California Hospital Association
          California Physical Therapy Association
          California Postsecondary Education Commission
          California State University, Northridge
          Intercollegiate Academic Clinical Coordinators Council
          Northern California Clinical Education Consortium
          Occupational Therapy Association of California
          Physical Therapy Board of California
          Valley Industry and Commerce Association

           OPPOSITION  :    (Verified  8/4/10)

          California Chiropractic Association
          California Medical Association
          California Orthopedic Association
          California Podiatric Medical Association

           ARGUMENTS IN SUPPORT  :    According to the California  
          Hospital Association, "California hospitals are currently  
          experiencing a shortage of physical therapists and that  
          shortage is expected to grow significantly over the next  
          3-5 years.  CHA is concerned that if the CSU system is not  
          permitted to offer the DPT, there will be no public  
          education option for individuals interested in pursuing a  
          physical therapy degree.  California public education  
          institutions are an integral component of allied healthcare  
          workforce training as they provide educational  
          opportunities at a reasonable cost.  Limiting the public  
          education option will close the door on access to this  
          profession and to a diverse student population, one that  
          California hospitals seek to attract in an effort to  

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          provide a culturally competent workforce."

          In support, the Intercollegiate Academic Clinical  
          Coordinators Council states, "If the CSU is not allowed to  
          joint the rest of the nation in educating physical  
          therapists at the doctoral level, the California's already  
          diminished ability to produce a licensed workforce will be  
          devastated.  It is clearly in the best interests of all  
          Californians to authorize the CSU to offer the DPT degree."

           ARGUMENTS IN OPPOSITION  :    The California Medical  
          Association believes "a standalone, California State  
          University Doctor of Physical Therapy program will lack the  
          resources and infrastructure needed to provide an adequate  
          and necessary level of clinical training and experience  
          required for such a terminal degree.  As equally important,  
          the nomenclature of a Doctor of Physical Therapy will add  
          to the confusion of the purpose, significance and meaning  
          of degrees within the physical therapy profession that  
          patients are currently experiencing."  
           
          In opposition, the California Orthopedic Association  
          states, "Our concern is whether the CSU system is set up to  
          include the enhanced clinical rotations which are key to a  
          meaningful higher level of PT training.  It is entirely  
          unclear that the CSU system ahs the funding to establish a  
          doctoral program that would include adequate clinical  
          training, or how the new program would differ from the MPT  
          currently available to PTs."


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Arambula, Bass, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De  
            La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,  
            Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garrick, Gilmore, Hall, Harkey, Hayashi,  
            Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,  
            Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller,  
            Monning, Nava, Nestande, Niello, Nielsen, V. Manuel  
            Perez, Portantino, Ruskin, Salas, Saldana, Silva, Smyth,  
            Solorio, Audra Strickland, Swanson, Torlakson, Torres,  

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            Torrico, Tran, Villines, Yamada, John A. Perez
          NOES:  Anderson
          NO VOTE RECORDED:  Hagman, Norby, Skinner, Vacancy


          CPM:cm  8/4/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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