BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 294| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 294 Author: Negrete McLeod (D) Amended: 8/2/09 Vote: 21 PRIOR VOTES NOT RELEVANT ASSEMBLY FLOOR : 72-2, 8/18/10 - See last page for vote SUBJECT : Department of Consumer Affairs SOURCE : Author DIGEST : This bill changes the sunset review dates on various boards, bureaus, and program within the Department of Consumer Affairs. Assembly Amendments delete the Senate version of the bill, which dealt with nurse practitioners, and instead add the current language. ANALYSIS : Existing law provides for the licensure and regulation of various healing arts licensees by various boards, as defined, within the Department of Consumer Affairs, including the California Board of Occupational Therapy, and the Physician Assistant Committee of the Medical Board of California. Existing law also provides for the licensure and regulation of various professions and vocations by boards within the CONTINUED SB 294 Page 2 department, including, the California Board of Accountancy, the California Architects Board, the Landscape Architects Technical Committee, Professional Fiduciaries Bureau, the Board for Professional Engineers and Land Surveyors, and the State Board of Guide Dogs for the Blind. Existing law authorizes the California Architects Board to implement an intern development program until July 1, 2011. Existing law establishes in the Department of Pesticide Regulation a Structural Pest Control Board and requires the board, with the approval of the director of the department, to appoint a registrar. Existing law provides for the certification and regulation of interior designers until January 1, 2013. Existing law provides for the regulation of certified common interest development managers and tax preparers and repeals these provisions on January 1, 2012. Under existing law, there is the Contractors' State License Board within the department and it is responsible for the licensure and regulation of contractors and existing law requires the board to appoint a registrar. Existing law, the California Private Postsecondary Education Act of 2009, provides for the regulation of private postsecondary educational institutions by the Bureau for Private Postsecondary Education in the Department of Consumer Affairs. Existing law repeals that act on January 1, 2016. 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. SB 294 Page 3 C. Board of Registered Nursing, from 2013 to 2012. D. Board of Psychology, from 2011 to 2013. 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. Acupuncture Board, from 2011 to 2013. I. Board of Behavioral Sciences, from 2011 to 2013. J. Permits the California Architects Board to implement an intern development program until July 2012, rather than 2011. K. Contractors State License Board, from 2011 to 2012. L Board of Barbering and Cosmetology, from 2012 to 2014. M. Court Reporters Board of California, from 2011 to 2013. N. Pesticide Regulation and Structural Pest Control Board, from 2012 to 2015. O. Respiratory Care Board, from 2013 to 2014. P. Massage Therapy Organization, from 2016 to 2015. Q. State Athletic Commission, from 2011 to 2012. R. Bureau for Private Postsecondary Education, from 2016 to 2015. 2. Requires review of the following chapters related to: SB 294 Page 4 A. Certified Common Interest Development Managers, from 2012 to 2015. B. Tax Preparers, from 2012 to 2015. 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. 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 8/18/10) Board of Behavioral Sciences ARGUMENTS IN SUPPORT : SB 294 Page 5 ASSEMBLY FLOOR : AYES: Adams, Ammiano, Arambula, Bass, Beall, Bill Berryhill, Tom Berryhill, Block, Blumenfield, Bradford, Brownley, Buchanan, Caballero, Carter, Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore, Eng, Feuer, Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick, Gatto, Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight, Lieu, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello, Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra Strickland, Swanson, Torlakson, Torres, Torrico, Tran, Villines, Yamada, John A. Perez NOES: Anderson, Norby NO VOTE RECORDED: Blakeslee, Charles Calderon, Evans, Fletcher, Logue, Vacancy JJA:do 8/18/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****