BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 819|
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THIRD READING
Bill No: SB 819
Author: Senate Business, Professions and Economic
Development
Committee
Amended: 5/28/09
Vote: 27 - Urgency
SENATE BUSINESS, PROF. & ECON. DEV. COMM. : 10-0, 4/27/09
AYES: Negrete McLeod, Wyland, Aanestad, Corbett, Correa,
Florez, Oropeza, Romero, Walters, Yee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Professions and vocations
SOURCE : Author
DIGEST : This bill makes several non-controversial,
minor, nonsubstantive or technical changes to various
provisions pertaining to the regulatory boards in the
Department of Consumer Affairs.
Senate Floor Amendments of 5/28/09 stagger the terms of the
Governor's appointments to the Architects Board by giving a
one-time term adjustment. In addition, the amendments
extend the provisions allowing for the rollover of
remaining funds from the Court Reporters' Board Transcript
Reimbursement Fund into the Court Reporters Fund pursuant
to the extension of the sunset date of the Transcript
Reimbursement Fund.
CONTINUED
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ANALYSIS :
Existing law:
1. Provides for the licensing and regulation of various
professions and businesses by some 26 boards, eight
bureaus, and one commission within the Department of
Consumer Affairs (DCA) under various licensing acts
within the Business and Professions Code (BPC), and
requires specified boards and bureaus to disclose
information about licensees on the Internet, and to
require applicants to furnish a full set of fingerprints
for the purpose of conducting criminal history record
checks.
2. The Medical Practice Act (Act) provides for the
licensure and regulation of physicians and surgeons by
the Medical Board of California located in DCA.
3. The Nursing Practice Act provides for the licensure and
regulation of nurses by the Board of Registered Nursing
in DCA and authorizes individuals whose license is
revoked, suspended or placed on probation to petition
for the reinstatement of the license or modification of
the penalty after a specified time.
4. The Naturopathic Doctors Act provides for the licensure
and regulation of naturopathic doctors by the Bureau of
Naturopathic Medicine in DCA; authorizes the Bureau to
grant licenses to individuals who completed training
prior to 1986 and meet certain requirements if the
application was received before 2008, and requires
licensees to obtain continued education through
specified continued education courses; and requires
licensees on inactive status to meet certain
requirements in order to restore the license, including
paying a reactivation fee.
5. Provides for the licensure and regulation of respiratory
care practitioners by the Respiratory Care Board of
California; authorizes the Board to deny, suspend or
revoke a respiratory care license if the licensee
obtains or possesses, furnishes, administers or uses a
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controlled substance or dangerous drug unless directed
by an authorized health care practitioner; authorizes
the Board to direct respiratory care practitioners or
applicants who have violated the law to pay for their
investigation and prosecution costs; requires
respiratory care practitioners, upon license renewal, to
notify the Board of specified information.
6. The Pharmacy Law provides for the licensure and
regulation of pharmacists and pharmacies by the Board of
Pharmacy in DCA.
7. Existing law provides for the licensure and regulation
of psychologists, social workers and marriage and family
therapists by the Board of Behavioral Sciences and
provides for a system of citations and fines applicable
to healing arts licensees.
This bill:
1. Makes changes to the following general provisions in the
BPC:
A. Adds the Professional Fiduciaries Bureau to the
lists of specified boards and bureaus which must
disclose information about licensees on the Internet
(BPC Section 27).
B. Requires applicants to furnish fingerprints for
the purpose of conducting criminal history record
checks (BPC Section 144).
C. Makes correcting and conforming changes (BPC
Sections 101 and 146).
D. Makes cleanup provisions relating to professional
fiduciaries to correct amendments that were made in
SB 1047 (Senate Business, Professions and Economic
Development Committee), Chapter 354, Statutes of 2007
(BPC Sections 6534, 6536 and 6561).
E. Corrects the name of the Cemetery and Funeral
Bureau and references to the Bureau's licensees (BPC
Sections 27 and 144).
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2. Makes the following changes pertaining to the Board of
Behavioral Sciences:
A. Makes technical changes to maintain the clarity
and consistency of the Board statutes (BPC Sections
128.5, 801, 803, 4980.04, 4980.30, 4980.43, 4996.17
and 4996.18).
B. Repeals several sections that are obsolete and
outdated (BPC Sections 4981, 4994.1, 4996.20 and
4996.21).
C. Specifies that engaging in conduct that subverts
any licensing examination or administration of an
examination is considered unprofessional conduct and
therefore, subject to disciplinary action (BPC
Sections 4982, 4989.54 and 4992.3).
D. Specifies that the Board would cease publishing a
citation and fine determination against a licensee on
the Internet after five years from the issuance of
the citation (BPC Section 4990.09). The five-year
limit would not apply to citations where the fine
paid is in excess of $1,500.
3. Makes the following changes pertaining to the Board of
Pharmacy:
A. Corrects incorrect code section references (BPC
Sections 733, 4027, 4040, 4051, 4060, 4076, 4111, and
4174; Section 11150 of the Health and Safety Code
(HSC)).
B. Clarifies the definition of "designated
representative-in-charge" as well as the
responsibilities of a licensee acting in that
capacity (BPC Section 4022.5).
C. Defines the term "pharmacist-in-charge" as well as
the responsibilities of a pharmacist serving as such
(BPC Section 4036.5).
D. Clarifies that a designated representative must
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sign for and receive delivery for drugs by a
wholesaler (BPC Section 4059.5).
E. Permits the use of a mobile pharmacy in the event
of a declared natural disaster under specified
criteria (BPC Section 4062).
F. Corrects a drafting error in previous legislation
(BPC Section 4081). The correct term should be
"designated representative in charge."
G. Permits the use of a mobile pharmacy on a
temporary basis when a pharmacy is destroyed or
damaged (BPC Section 4110).
H. Specifies who in the drug supply chain may receive
dangerous drugs furnished by a pharmacy (BPC Section
4126.5).
I. Corrects an oversight from a 2004 revision of BPC
Section 4161 which left "sales" out of nonresident
wholesaler language causing issues with the Board's
ability to cite and fine violations of law.
J. Grants the Board the authority to automatically
inactivate a pharmacist's license when a pharmacist
who certifies completion of required continuing
education as a part of licensure renewal fails to
provide proof either as part of an audit or
investigation (BPC Section 4231).
K. Clarifies the definition of long-term care
facility for purposes of BPC Section 4301.
L. Specifies that failure to meet
pharmacist-in-charge notification requirements can
constitute grounds for disciplinary action (BPC
Section 4305).
M. Prohibits a non-pharmacist from acting as
supervisor or pharmacist-in-charge (BPC Section
4329). California law allows for anyone to own a
pharmacy, but requires a pharmacist must be in charge
of and responsible for the operations of a pharmacy.
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N. Clarifies that a pharmacy owner who subverts or
tends to subvert the efforts of a
pharmacist-in-charge is guilty of a misdemeanor (BPC
Section 4330).
O. Requires clinics that dispense schedule II, III
and IV controlled substances to report specified
information to CURES on a weekly basis (HSC Section
11165). This requirement already applies to
pharmacies.
4. Makes the following changes pertaining to the Board of
Podiatric Medicine:
A. Specifies that in order to be issued a license to
practice podiatric medicine, an applicant must submit
directly to the Board verification from the
credentialing organizations, that he/she has met the
licensing requirements (BPC Sections 2486 and 2488).
B. Makes technical changes to maintain the clarity
and consistency of the Board statutes (BPC Section
2307).
5. Makes the following changes pertaining to the Board for
Professional Engineers and Land Surveyors:
A. Corrects an erroneous reference in law and repeals
an outdated provision which requires the board to
meet in order to approve a license to be issued.
Requiring applicants who have met all qualifications
to be issued a license while waiting for the board to
meet delays in licensure for otherwise qualified
individuals (BPC Sections 6761, 8740, and 8746).
6. Makes the following changes pertaining to the Board of
Registered Nursing:
A. Clarifies the time period for which registered
nurse licensure applicants may petition the Board for
a change in their discipline status (BPC Section
2760.1). This conforms the petitioning time period
for both applicants and licensees.
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7. Makes the following changes pertaining to the Bureau of
Electronic and Appliance Repair:
A. Makes it an infraction for any person to act as a
service contractor unless that person first registers
with the Bureau, and authorizes issuing infraction
citations to unregistered service contractors (BPC
Section 9855.1.5).
8. Makes the following changes pertaining to the Bureau of
Naturopathic Medicine:
A. Permits the Bureau to reimburse the advisory
council and committee members for their travel
expenses (BPC Section 3625). This amount is limited
to no more than $100 per day by BPC Section 103.
B. Deletes an obsolete reference to the Medical Board
of California as one of the entities responsible for
approving continuing education courses and replaces
it with language that states any course approved as
continuing education for physicians and surgeons is
also deemed approved for naturopathic doctors (BPC
Section 3635).
C. Deletes a reference to a redundant reactivation
fee for licensees whose licenses have voluntarily
been placed on inactive status (BPC Section 3636).
D. Deletes an obsolete provision that provides
start-up funding for the Bureau (BPC Section 3685a).
9. Makes the following changes pertaining to the California
Architects Board:
A. Makes a one-time modification to the terms of four
members to achieve a more even and consistent
sequence of terms to avoid quorum issues that prevent
the Board from taking action on important issues (BPC
Section 5515.5).
10.Makes the following changes pertaining to the Board of
Occupational Therapy:
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A. Requires the Board to report the name and license
number of licensees prohibited from practicing to the
Department of Health Services (DHS) with the intent
to prevent Medi-Cal reimbursement fraud (BPC Section
683).
B. Adds the Board to the list of boards required to
create a central file of the names of all licensees
for the purpose of obtaining an historical record of
each licensee (BPC Section 800).
C. Requires Occupational Therapy Assistants to
document their services in patient records and
requires both Occupational Therapy Assistants and
Occupational Therapists to sign patient records
legibly (BPC Section 2570.18.5).
D. Amends BPC Section 2570.5(b) to delete language
pertaining to the "first available examination" as
the exam is now computer-based and offered on demand
and to clarify that the limited privilege ceases to
apply to people who fail to pass the exam during the
initial eligibility period.
E. Authorizes the Board to allow "pre-ACOTE"
qualified applicants to be eligible for licensure
(BPC Section 2570.6).
F. Provides consistent nomenclature to ensure that
qualified practitioners are not denied licensure to
practice due to name changes of organization(s) over
the last 15-40 years (BPC Section 2570.7)
11.Makes the following changes pertaining to the Cemetery
and Funeral Bureau:
A. Makes technical cleanup to outdated provisions and
other correcting and clarifying changes (BPC Sections
7616 and 7629; HSC Section 8778.5).
12.Makes the following change pertaining to the certified
interior designers:
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A. Clarifies that a person may qualify to become a
certified interior designer by either education or
experience, or a combination of both education and
experience that totals eight years (BPC Section
5801).
13.Makes the following change pertaining to the Medi-Cal
Benefits Program:
A. Deletes a specific reference to osteopathic
physicians and replaces with language that refers to
all physicians and surgeons (Section 14132.100 of the
Welfare and Institutions Code).
14.Makes the following changes pertaining to the Medical
Board of California:
A. Specifies that malpractice actions have to be made
in California to be reported as the Board does not
have jurisdiction to investigate actions made out of
state (BPC Section 801.01).
B. Explains and clarifies the types of residency
programs and post graduate training programs that are
approved for the clinical instruction requirement
(BPC Sections 2089.5 and 2096).
C. Specifies the licensure requirements for
applicants whose training was received outside the
country (BPC Section 2102).
D. Makes technical corrections and conforming changes
regarding the duration of postgraduate training
requirements (BPC Section 2107).
E. Specifies that the professional instruction for
resident courses must be those which lead to a degree
of Medical Doctor (BPC Section 2135).
F. Includes a requirement for continuing medical
education for specialty faculty permits to make it
consistent with requirements for other licensees (BPC
Sections 2168.4 and 2169).
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G. Repeals obsolete language regarding licensing
examinations (BPC Sections 2172, 2173, 2174 and
2175). The provisions are obsolete as the Board no
longer administers examinations.
H. Creates a process by which an applicant's
probationary certificate can be modified or
terminated in a way that is consistent with the
current process in which a probationary certificate
is modified through an enforcement action (BPC
Section 2221).
I. Allows physicians licensed in other states to
submit letters of recommendation to the Board on
behalf of physicians whose licenses are under
investigation, on probation or have been suspended
(BPC Section 2307).
J. Changes the Board's timeframe acting on proposed
decisions from 90 days to 100 days (BPC Section
2335). The current 90-day requirement is not
consistent with other sections relating to this
requirement.
K. Makes technical changes to maintain the clarity
and consistency of the Board statutes (BPC Section
2486 and 2488).
15.Makes the following change pertaining to the Physician
Assistant Committee:
A. Deletes obsolete references to interim approval to
practice (BPC Section 3503, 3517 and 3518). Interim
approval is no longer needed as the licensing
examination is now offered on a monthly basis.
16.Makes the following change pertaining to the Physical
Therapy Board of California:
A. Authorizes the Board to disconnect telephone
service furnished to an unlicensed person advertising
in a telephone directory (BPC Section 149).
17.Makes the following changes pertaining to the
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Respiratory Care Board of California:
A. Allows the Board to take disciplinary action
against a licensee practicing respiratory care while
under the influence of drugs or alcohol (BPC Section
3750.5). Limits the Board's action to the timeframe
in which the individual applies for licensure or is
licensed by the Board.
B. Clarifies the Board's authority to recover costs
for disciplinary matters involving probation
violations (BPC Section 3753.5).
C. Permits the Board to inactivate the license of any
licensee who fails to provide requested information
pertaining to his/her conviction record within 30
days (BPC Section 3773).
D. Adds respiratory care practitioners to a list a
health care providers who have liability protection
in states of emergency (Section 8659 of the
Government Code).
18.Makes the following change pertaining to the Veterinary
Medical Board:
A. Specifies that veterinary records regarding
euthanasia are subject to the Public Records Act (BPC
Section 4857).
19.Makes the following change pertaining to the Court
Reporters' Board Transcript Reimbursement Fund:
A. Cleans-up last year's extension of the sunset date
of the Transcript Reimbursement Fund [SB 693
(Ridley-Thomas), Chapter 385, Statutes of 2008] by
correspondingly extending the date on which all
unencumbered funds remaining in the Transcript
Reimbursement Fund would be transferred to the Court
Reporters Fund to January 1, 2011.
Background
This bill is the annual omnibus Committee bill authored by
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the Senate Business, Professions and Economic Development
Committee which consolidates a number of non-controversial
provisions related to various regulatory programs and
professions governed by the Business and Professions Code.
Consolidating the provisions in one bill is designed to
relieve the various licensing Boards, bureaus and
professions from the necessity and burden of having
separate measures for a number of non-controversial
revisions.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/28/09)
Board of Behavioral Sciences
Board of Podiatric Medicine
California Architects Board
Medical Board of California
Respiratory Care Board of California
JJA:mw 5/28/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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