BILL ANALYSIS                                                                                                                                                                                                    

        |Hearing Date:April 19, 2010        |Bill No:SB                         |
        |                                   |1489                               |

                               AND ECONOMIC DEVELOPMENT
                         Senator Gloria Negrete McLeod, Chair

               Bill No:        SB 1489Author:Business, Professions and 
                                 Development Committee
                        As Amended:April 5, 2010 Fiscal:   Yes

        SUBJECT:  Healing arts. 
        SUMMARY:  Makes several non-controversial, minor, non-substantive or  
        technical changes to various miscellaneous provisions pertaining to  
        the health-related regulatory boards of the Department of Consumer  

        Existing law:
        1) Provides for licensing and regulating various professions and  
           businesses under the Department of Consumer Affairs (DCA).  

        2) The Medical Practice Act provides for the licensure and regulation  
           of physicians and surgeons by the Medical Board of California;  
           requires the California research Bureau of the California State  
           Library to study the role of public disclosure in the public  
           protection mandate of the board to be completed by July 1, 2008;  
           provides disclosure requirements for actions taken against a  
           licensee; specifies written examination requirements for licensure.

        3) The Optometry Practice Act provides for the licensure and  
           regulation of optometrists by the State Board of Optometry; states  
           that a candidate for licensure must pass an examination; defines  
           the requirements for license renewal; provides the process for the  
           renewal of a California issued optometrist license that has been  
           delinquent for three or more years; and sets forth renewal  
           provisions for out-of-state licensees.

        4) The Occupational Therapy Practice Act provides for the licensure  


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           and regulation of occupational therapists by the California Board  
           of Occupational Therapy and provides for a loan to the Board from  
           the General Fund.

        5) The Pharmacy Law provides for the licensure and regulation of  
           pharmacists and pharmacies by the California State Board of  
           Pharmacy; specifies various requirements of a Veterinary  
           Food-animal Drug Retailer; requires designation of a designated  
           representative-in-charge (DRC) for a wholesaler or veterinary  
           food-animal drug retailer.

        6) Establishes the California Department of Heath Care Services and  
           the California Department of Public Health.

        7) Provides for the licensure and regulation of psychologists, social  
           workers and marriage and family therapists by the Board of  
           Behavioral Sciences; sets forth Licensed Clinical Social Worker  
           (LCSW) licensure requirements; sets forth provisions for the  
           acceptance of educational degrees conferred by institutions  
           approved by the Bureau for Private Postsecondary and Vocational  
           Education and by regional accrediting associations; sets forth  
           Marriage and Family Therapist (MFT) licensure qualifications;  
           provides the licensing law for Licensed Professional Clinical  
           Counselors (LPCCs).
        This bill:

        1) Makes the following changes pertaining to the Board of Behavioral  
           Sciences (BBS):

            a)    Deletes a number of obsolete sections (BPC  4980.07,  
              4982.2, 4984.6, & 4994) and adds BPC  4990.17 to make minor  
              technical changes for clarity and consistency.

            b)    Corrects a grammatical error (BPC  4984.8(d)(3)).

            c)    Amends BPC  4996.17(c) so that the LCSW licensure  
              requirements and qualifications are consistent.

            d)    Clarifies the requirements for applicants who hold a valid  
              license at the time of application (BPC  4980.80).

            e)    Makes conforming changes that allow Associate Clinical  
              Social Workers (ACSWs) to obtain required weekly direct  
              supervisor contact via videoconferences in the specified  
              settings, without a limit to those hours credited (BPC   


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              4980.43(a)(10) & 4996.23(c)(5)).

            f)    Changes the name of an accrediting association to the  
              current correct name (BPC  4980.40.5).

            g)    Clarifies changes to MFT intern experience requirements (BPC  

            h)    Clarifies the definition of unprofessional conduct as it  
              relates to the practice of LPCCs to maintain consistency among  
              licensees of the board (BPC 4989.54 & 4999.90(aa)).

            i)    Adds references to the practice of LPCCs (BPC  4990.02,  
              4990.12, 4990.18, 4990.22, 4990.30, & 4990.38). 

            j)    Amends the LPCC unprofessional conduct provisions (BPC   
              4999.90(r)) to include all supervisees.

            aa)   Clarifies unprofessional conduct relating to advertisement  
              by a LPCC (BPC  4990.90(p)).

            bb)   Adds subdivision BPC  4999.90(ab) to make LPCC licensing  
              law consistent with MFT and LCSW licensing law allowing the  
              board to take action against a licensee that has had  
              disciplinary action against another license issued by the board.

            cc)   Clarifies professional experience of LPCC interns so that  
              requirements are consistent with those of other board licensees  
              (BPC  4999.46).

            dd)   Clarifies requirements for applicants who have held an  
              out-of-state license for at least two years (BPC  4999.58).

            ee)   Adds a section in LPCC licensing law relating to applicants  
              that have held a license from another state for less than two  
              years which is consistent with current requirements of other  
              board licensees (BPC  4999.59).

            ff)   Adds a reference to disciplinary action against a LPCC  
              license issued by the board (BPC  4982.25, 4992.36).

        2) Makes the following changes pertaining to the California Board of  
           Occupational Therapy (CBOT):

            a)    Deletes an obsolete provision (BPC  2570.19(k)).


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            b)    Deletes an obsolete reference to a General Fund loan which  
              has been repaid (BPC  2570.19 (k) and (i)).

        3) Makes the following changes pertaining to the California Board of  
           Pharmacy (CBP):

            a)    Clarifies a reference to a designated  
              representative-in-charge of a food-animal drug retailer (BPC   

            b)    Re-establishes previously codified provisions that require  
              remedial education after a pharmacist applicant has failed the  
              qualifying examination four or more times (BPC  4200.1).

            c)    Amends outdated provisions and updates references to the  
              California Department of Public Health (CDPH) (BPC  4017,  
              4028, 4127.1, 4037, 4052.3(e), 4059, 4072(b), 4119(a), 4127(d),  
              4169, 4181(a), & 4191(a)).

            d)    Changes an outdated reference to the Physical Therapy  
              Examining Committee to the Physical Therapy Board of California  
              (BPC  4059(f)).

            e)    Amends incorrect references to "veterinary food-animal drug  
              retailer" (BPC  4101).

            f)    Changes outdated references from the State Department of  
              Health Services to the Department of Health Care Services (DHCS)  
              (BPC  4425, 4426).

        4) Makes the following changes pertaining to the California State  
           Board of Optometry (CSBO):

            a)    Clarifies that applicants for licensure must pass two  
              required examinations (BPC  3025.1, 3046, 3057.5).

            b)    Clarifies the requirements for license renewal and for  
              renewal of a license that is delinquent three or more years (BPC  
               3147.6, 3147.7).

        5) Makes the following changes pertaining to the Medical Board of  
           California (MBC):

            a)    Deletes obsolete provision regarding a report produced by  


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              the California Research Bureau (BPC  2026).

            b)    Deletes obsolete references to licensing exams and updates  
              references to the board (BPC  2065 &2177)

            c)    Reinstates postgraduate training requirement for licensure  
              consistent with current law (BPC  2096 & 2102).

            d)    Deletes obsolete references to repealed BPC  2088 and  
              updates references to the board (BPC  2103).

            e)    Allows the board to consider licensure in another state when  
              addressing the validity of the written examination scores  
              required for licensure (BPC  2184).

        FISCAL EFFECT:  Unknown. This bill is keyed "fiscal" by Legislative  

        1.Purpose.  This bill is one of three "committee bills" authored by  
          the Business, Professions and Economic Development Committee that  
          are intended to consolidate a number of non-controversial provisions  
          related to various health-related regulatory programs governed by  
          the Business and Professions Code, and generally located within the  
          DCA.  Consolidating the provisions in one bill is designed to  
          relieve the various licensing boards from the necessity and burden  
          of having separate measures for a number of non-controversial  

          Many of the provisions make minor, technical and updating changes,  
          while other provisions are substantive changes which are intended to  
          improve the ability of the various licensing programs to efficiently  
          and effectively administer their respective licensing laws.   
          However, as a committee bill, if controversy or opposition should  
          arise regarding any provision that cannot be resolved, then that  
          provision will be removed from the bill.  This will eliminate the  
          chance of placing any of the other provisions in jeopardy.

        2.Background. The following is background and reasons given by the  
          affected boards and professions for the provisions in this measure.

           a)   Board of Behavioral Sciences.  According to the BBS, new  
             legislation establishing the licensure and regulation of Licensed  


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             Professional Clinical Counselors (LPCCs) is the reason for the  
             majority of their proposed amendments to add clarity and  
             consistency to the licensing law.  This new legislation went into  
             effect January 1, 2010 (  SB 788  , Wyland, Chapter 619, Statues of  
             2009).  The changes can be categorized into four major sections:   
             technical cleanup; technical cleanup to new LPCC provisions to  
             make them consistent with changes made in 2009 legislation;  
             adding reference to LPCCs in the MFT and LCSW licensing law; and  
             adding reference to LPCC in general provisions relating to the  
           b)   California Board of Occupational Therapy.  According to CBOT,  
             existing law provides for a loan to the CBOT from the General  
             Fund.  Since the loan has been made and repaid, this section no  
             longer applies and is unnecessary.
           c)   California Board of Pharmacy.  According to the CBP, to keep  
             Pharmacy Law current and to better serve licensees and consumers,  
             the Board finds it necessary to update outdated references within  
             the specified Business and Professions Code and to remove  
             outdated references as to when a section is operative.

           In addition,  SB 821  (BP&ED Committee, Chapter 307, Statutes of  
             2009), specified that a food-animal drug retailer must have a DRC  
             at all times as well as the reporting requirements for the DRC.   
             However, a drafting error resulted in several minor errors in the  
             final version of the bill.

           Also in 2008 provisions which specified how many times a qualifying  
             examination can be taken were inadvertently allowed to sunset  
             (BPC 4200.1).  This bill would reinstate those provisions.

           Finally, BPC4101(b) contains two incorrect references which read:  
             "veterinary food drug-animal retailer."  The correct phrase is  
             "veterinary food-animal drug retailer."
           d)   California State Board of Optometry.  According to the CSBO,  
             current law does not specify that certifying completion of  
             optometric continuing education is a requirement of license  
             renewal for optometrists in California.

           Current law also needs clarity on the requirements for licensure  
             renewal for optometrists who fail to renew their license within  
             three years after the expiration of the license.

           Additionally, the statute contains a typographical error when the  
             initial language was drafted (AB 2464, Pacheco, Chapter 426,  


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             Statutes of 2004) and needs to clarify that applicants for  
             licensure must pass both licensing examinations, not just one.
           e)   Medical Board of California.  Committee Staff recommended  
             repealing BPC  2026 because this provision is outdated and no  
             longer necessary.

           According to MBC, current law does not specifically include  
             disclosure of information related to a court order regarding  
             Penal Code Section 23.  The MBC includes such court orders in its  
             disclosure as it is important for public protection, but has  
             become aware that it is not in the list of items to disclose.   
             The B&P Code needs to be amended to include any information  
             related to an order by a court pursuant to Section 23 of the  
             Penal Code in its list of required public disclosures.

           MBC also asserts that subdivision (b) of B&P Code Section 2065  
             contains a reference to exams that are no longer administered by  
             the MBC.  There are also references to the divisions of the MBC,  
             but the MBC was restructured and the divisions no longer exist.  
             The Code needs to be amended to remove the reference to the  
             licensing exams which no longer exist within the MBC and to  
             change the references to the "division" to instead refer to  
             "board" to make the section consistent with existing law.

           In addition, the MBC states that B&P Code Section 2102 was amended  
           incorrectly in last year's SB 819 (Yee, Chapter 308 Statutes of  
           2009), and the Code needs the incorrectly deleted post graduate  
           training requirement for licensure to be reinstated.  Also, Section  
           2103 of  the B&P code needs to remove subdivision (a) so that the  
           reference to the repealed Section 2088 is no longer included.  This  
           section also needs to change the references from "division" to  
           "board" to make the section consistent with existing law.


        California State Board of Pharmacy
        Board of Behavioral Science 
        Board of Optometry
        Medical Board of California



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        None on file as of April 8, 2010.

        Consultant:Antoinnae Comeaux