BILL ANALYSIS                                                                                                                                                                                                    


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                              UNFINISHED BUSINESS

          Bill No:  SB 294
          Author:   Negrete McLeod (D)
          Amended:  8/2/09
          Vote:     21


           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  


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          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  

             B.    Speech-Language Pathology and Audiology and  
                Hearing Aid Dispensers Board, from 2012 to 2014.



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             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  

             L     Board of Barbering and Cosmetology, from 2012 to  

             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

             A.    Certified Common Interest Development Managers,  
                from 2012 to 2015.

             B.    Tax Preparers, from 2012 to 2015.

          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  :    



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           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

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