BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 999|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
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                                 THIRD READING


          Bill No:  SB 999
          Author:   Walters (R)
          Amended:  As introduced
          Vote:     21

           
           SENATE BUSINESS, PROF. & ECON. DEV. COMMITTEE  :  8-0, 5/3/10
          AYES:  Negrete McLeod, Wyland, Aanestad, Correa, Florez,  
            Oropeza, Walters, Yee
          NO VOTE RECORDED:  Calderon


           SUBJECT  :    Healing arts:  occupational therapy

           SOURCE  :     California Board of Occupational Therapy


           DIGEST  :    This bill prohibits the public members of the  
          California Board of Occupational Therapy from being  
          licensees of any other healing arts board.  

           ANALYSIS  :    

          Existing law:

          1. Establishes the Occupational Therapy Practice Act to be  
             administered by the California Board of Occupational  
             Therapy (Board) to regulate the practice of occupational  
             therapists.

          2. States that the Board shall comprise the following  
             members:

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             A.    Three occupational therapists who have practiced  
                occupational therapy for five years.

             B.    One occupational therapy assistant who shall have  
                assisted in the practice of occupational therapy for  
                five years.

             C.    Three public members who shall not be licentiates  
                of the board or of the Board of Chiropractic  
                Examiners or the Board of Osteopathic Medicine.

          3. States that the Governor shall appoint the three  
             occupational therapists and one occupational therapy  
             assistant, and the Governor, Speaker of the Assembly and  
             Senate Rules Committee each appoint one of the three  
             public members.

          4. Requires all members of the Board to be residents of  
             California and requires the public board members to be  
             non-occupational therapists or occupational therapy  
             assistants.

          5. Sunsets the Board on January 1, 2014.

          This bill prohibits any of the three public members of the  
          Board from being licensees of any other healing arts board  
          and makes technical, nonsubstantive, clarifying changes.

           Comments  

          The Board is the sponsor of this bill.  The Board states  
          that it is comprised of practitioner members and public  
          members, who, among other things, make disciplinary  
          decisions regarding practitioners and set policy for the  
          occupational therapy profession.  The Board points out that  
          the practitioner members provide the knowledge, education  
          and experience of the occupational therapy profession,  
          without being advocates for the profession.  Although  
          current law prohibits chiropractors or osteopathic medical  
          doctors from serving as public members, this exclusion is  
          not broad enough.  The Board indicates that public members  
          provide a balance to the Board's practitioner members by  
          providing valuable public input into the public policy  
          decisions made by the Board.  While input from all  







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          healthcare providers is valuable to the decision-making  
          process, it is not necessary for other health care  
          practitioners to serve as public members of this Board.  It  
          is necessary for public members to truly represent the  
          public and not another health profession.  Health care  
          professionals have education, knowledge, and experience in  
          their respective health care professions (e.g., physical  
          therapists, registered nurses, licensed clinical social  
          workers, etc.) and from this will inherently be advocates  
          of their respective profession.  Health care professionals  
          may find it difficult when providing input to separate  
          their "public member perspective" from their "daily working  
          hat" when voting as a public member of the Board.   
          Moreover, because of the closeness of practitioners in many  
          workplace settings (e.g., acute care hospital,  
          rehabilitation clinics, skilled nursing facilities, adult  
          day health care, developmental regional centers, elementary  
          schools, etc.), the similar scopes of practice, or  
          over-lapping scopes of practice, (and sometimes  
          workplace-competition for the available reimbursement  
          dollars), the Board believes it is imperative that the  
          public member be a representative of the public, and not be  
          a member of another health care profession.

           Background  

          SB 1046 (Murray), Chapter 697, Statutes of 2000, enacted  
          the Occupational Therapy Practice Act that created the  
          Board to license and regulate occupational therapists and  
          occupational therapy assistants.  SB 1046 also included  
          provisions delineating the make-up of the Board, including  
          the three public members that must be appointed.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  5/5/10)

          California Board of Occupational Therapy (source)
          Occupational Therapy Association of California


          JJA:mw  5/4/10   Senate Floor Analyses 








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                         SUPPORT/OPPOSITION:  SEE ABOVE

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