BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
132 (Denham)
Hearing Date: 4/20/08 Amended: As Introduced
Consultant: Bob Franzoia Policy Vote: B,P& ED 10-0
_________________________________________________________________
____
BILL SUMMARY: SB 132, an urgency measure, would require the
Medical Board of California (MBC) to adopt regulations relative
to the qualifications for polysomnographic technologists,
including those technologists to be credentialed by a board
approved educational program, and to have passed a board
approved national certifying exam, with a specified exception
for that examination requirement for a three year period. This
bill would prohibit a person from using the title "certified
polysomnographic technologist" or engaging in the practice of
polysomnography unless he or she undergoes a Department of
Justice background check, is registered as a certified
polysomnographic technologist, is supervised and directed by a
licensed physician, and meets other requirements. This bill
would require polysomnographic technologists to register with
the MBC for a fee at no more than $100 and to renew their
registration biennially for a fee of no more than $50. This
bill would require the MBC, within one year, to adopt
regulations related to the employment of polysomnographic
technologists and trainees.
_________________________________________________________________
____
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
Registration program $67 $133 $60
ongoingSpecial*
* Contingent Fund of the Medical Board of California
_________________________________________________________________
____
STAFF COMMENTS: This bill would define polysomnography to mean
the treatment, management, diagnostic testing, control,
education, and care of patients with sleep and wake disorders.
Preliminary information indicates there are an estimated 175
sleep laboratories in the state and approximately 1,000
practitioners that would be regulated by the MBC or certified as
a PT. The MBC will have an unknown number of trainees,
potentially 10 to 15 annually.
Similar licensing and registration programs are operated on a
neutral cost basis. The MBC utilizes this process for
physicians to cover the cost of application review, then
licensing and has a similar process for licensing midwives (See
Business and Professions Code 2520). For example, when an
applicant must pass a background check, the MBC is compensated
for the handling of the application separate from the initial
fee. When the MBC has a registration program and performs a
nominal application review, the application and registration fee
are one and the same. In general, fees are split where some
applications will be denied as a result of the fingerprint or
background check thereby allowing the administrative entity to
be compensated for its work but not over collecting for work
that may not be required.
Page 2
SB 132 (Denham)
To provide for a neutral cost of operating program, staff
recommends the bill be amended as follows:
3577. (a) Each person to whom registration is granted under
this chapter who applies for registration shall pay into the
Contingent Fund of the Medical Board of California a fee to be
fixed to by the board at a sum not in excess of one hundred
dollars ($100) fifty dollars ($50).
(b) Each person to whom registration is granted under this
chapter shall pay into Contingent Fund of the Medical Board of
California a fee to be fixed by the board at a sum not in excess
of fifty dollars.
(c) The registration shall expire after two years. The
registration may be renewed biennially at a fee which shall be
paid into the Contingent Fund of the Medical Board of California
to be fixed by the board at a sum not in excess of fifty dollars
($50).
(d) The money in the Contingent Fund of the Medical Board of
California that is collected pursuant to this section shall be
used for the administration of this chapter.
This bill is similar to SB 1526 (Perata) 2008, which was vetoed
by the Governor with the following message:
The historic delay in passing the 2008-09 State Budget has
forced me to prioritize the bills sent to my desk at the end of
the year's legislative session. Given the delay, I am only
signing bills that are the highest priority for California.
This bill does not meet that standard and I cannot sign it at
this time.