BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 294
                                                                  Page  1

          Date of Hearing:   June 22, 2010

              ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER  
                                     PROTECTION
                                 Mary Hayashi, Chair
                 SB 294 (Negrete McLeod) - As Amended:  June 16, 2010

           SENATE VOTE  :   25-11 (vote not relevant)
           
          SUBJECT  :   Department of Consumer Affairs: regulatory boards.

           SUMMARY  :  Changes the sunset review dates on various boards,  
          bureaus, and programs within the Department of Consumer Affairs  
          (DCA).   Specifically  , this bill:   

          1)Changes the sunset dates on various DCA regulatory boards and  
            bureaus as follows:

             a)   Medical Board of California (MBC), from 2013 to 2014;

             b)   Speech-Language Pathology and Audiology and Hearing Aid  
               Dispensers Board, from 2012 to 2014;

             c)   Board of Registered Nursing, from 2013 to 2012;

             d)   Board of Psychology, from 2011 to 2014;

             e)   State Board of Optometry, from 2013 to 2014;

             f)   Physician Assistant Committee of MBC, from 2012 to 2013;

             g)   Naturopathic Committee from 2013 to 2014, and requires  
               the Naturopathic Committee to prepare a report, as  
               specified, in 2012, rather than 2010;

             h)   Veterinary Medical Board, from 2012 to 2013;

             i)   Acupuncture Board, from 2011 to 2013;

             j)   Board of Behavioral Sciences, from 2011 to 2013;

             aa)  Permits the California Architects Board to implement an  
               intern development program until July 2012, rather than  
               2011;









                                                                  SB 294
                                                                  Page  2

             bb)  Contractors State License Board, from 2011 to 2012;

             cc)  Board of Barbering and Cosmetology, from 2012 to 2014;

             dd)  Court Reporters Board of California, from 2011 to 2013;

             ee)  Pesticide Regulation and Structural Pest Control Board,  
               from 2012 to 2015; 

             ff)  State Athletic Commission, from 2011 to 2012; and,

             gg)  Bureau for Private Postsecondary Education, from 2016 to  
               2015.

          2)Requires review of the following chapters related to:

             a)   Certified Common Interest Development Managers, from  
               2012 to 2015; and,

             b)   Tax Preparers, from 2012 to 2015. 

           EXISTING LAW  provides for the licensure and regulation of  
          various healing arts licensees by various boards, as defined,  
          within DCA.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           Purpose of this bill  .  According to the author's office, "This  
          bill extends the sunset dates on various boards which are  
          scheduled to be sunsetted in 2011.  This bill would also adjust  
          the sunset dates for other boards to meet a four year schedule  
          for Legislative Sunset Oversight Hearings of all boards under  
          DCA."

           Background  .  In 1994, the Legislature established the Joint  
          Legislative Sunset Review Committee (JLSRC) and a process for  
          routinely reviewing the performance of the semiautonomous  
          boards.  JLSRC begins its review process by sending a board a  
          questionnaire and a request for information covering every  
          aspect of the board's operation for a specified period.   
          Although JLSRC staff and the board meet to discuss the  
          information and to seek input from consumer groups, all the  
          information supplied to the JLSRC comes from the board itself.   








                                                                  SB 294
                                                                  Page  3

          The basic issue for JLSRC to consider during its deliberations  
          is whether the board should continue to regulate the profession  
          in question or be terminated.  JLSRC gives the department as  
          well as the board an opportunity to respond to its  
          recommendations before presenting them to the Legislature.  As a  
          result of its review, the JLSRC might recommend that the  
          Legislature terminate, or "sunset," a board.  The 1994 law  
          provides only for the elimination of a board, not for the actual  
          deregulation of the profession. 

          DCA is the parent organization for 35 boards and bureaus  
          responsible for regulating businesses and licensees affecting  
          the health, safety, and welfare of California consumers.  DCA is  
          responsible for overseeing the regulatory boards and bureaus to  
          ensure that they carry out this mission. 

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          None on file.
           
            Opposition 
           
          None on file.

           Analysis Prepared by  :    Sarah Weaver / B.,P. & C.P. / (916)  
          319-3301