BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1489|
          |Office of Senate Floor Analyses   |                         |
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                                 THIRD READING


          Bill No:  SB 1489
          Author:   Senate Business, Professions and Economic  
          Development Com.
          Amended:  4/26/10
          Vote:     21

           
           SENATE BUS., PROF. & ECON. DEVEL. COMMITTEE  :  7-0, 4/19/10
          AYES:  Negrete McLeod, Wyland, Aanestad, Correa, Oropeza,  
            Walters, Yee
          NO VOTE RECORDED:  Calderon, Florez

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Healing arts

           SOURCE  :     Author


           DIGEST  :    This bill 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 Affairs.

           ANALYSIS  :    

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

                                                           CONTINUED





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          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 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  







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             (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 (Business  
                & Professions Code [BPC] Sections 4980.07, 4982.2,  
                4984.6, & 4994) and adds BPC Section 4990.17 to  
                make minor technical changes for clarity and  
                consistency.

             B.    Corrects a grammatical error (BPC Section  
                4984.8(d)(3)).

             C.    Amends BPC Section  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 Section 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 Sections  
                4980.43(a)(10) & 4996.23(c)(5)).

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

             G.    Clarifies changes to MFT intern experience  
                requirements (BPC Section 4980.43).

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







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

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

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

             L.    Adds subdivision BPC Section 4999.90(ab) to make  
                LPCC licensing law consistent with MFT and LCSW  
                licensing law allowing the BBS to take action  
                against a licensee that has had disciplinary action  
                against another license issued by the BBS.
             
             M.    Clarifies professional experience of LPCC  
                interns so that requirements are consistent with  
                those of other board licensees (BPC Sections  
                4999.46).

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

             O.    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 Section 4999.59).

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

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

             A.    Deletes an obsolete provision (BPC Section  
                2570.19(k)).

             B.    Deletes an obsolete reference to a General Fund  







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                loan which has been repaid (BPC Sections 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 Section 4196(e)).

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

             C.    Amends outdated provisions and updates  
                references to the California Department of Public  
                Health (CDPH) (BPC Sections 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 Section 4059(f)).

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

             F.    Changes outdated references from the State  
                Department of Health Services to the Department of  
                Health Care Services (DHCS) (BPC Sections 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 Sections  
                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 Sections 3147.6, 3147.7).








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

             A.    Deletes obsolete provision regarding a report  
                produced by the California Research Bureau (BPC  
                Section 2026).

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

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

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

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

          6. Makes the following chantes pertaining to licensed  
             midwifery:

             A.     Clarifies the date annual reports associate  
                with midwifery are to be submitted.

             B.    Updates the information a licensed nurse midwife  
                must report to the Office of Statewide Health  
                Planning and Development.

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

           Board of Behavioral Sciences  .  According to the BBS, new  
          legislation establishing the licensure and regulation of  
          LPCCs is the reason for the majority of their proposed  
          amendments to add clarity and consistency to the licensing  







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          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:  (1)  
          technical cleanup; (2) technical cleanup to new LPCC  
          provisions to make them consistent with changes made in  
          2009 legislation; (3) adding reference to LPCCs in the MFT  
          and LCSW licensing law; and (4) adding reference to LPCC in  
          general provisions relating to the BBS.

           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.

           California Board of Pharmacy  .  According to the CBP, to  
          keep Pharmacy Law current and to better serve licensees and  
          consumers, the CBP 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 (Senate Business & Professions  
          Committee and & Senate Education 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 reinstate sthose  
          provisions.

          Finally, BPC Section 4101(b) contains two incorrect  
          references which read: "veterinary food drug-animal  
          retailer."  The correct phrase is "veterinary food-animal  
          drug retailer."

           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.







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          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, Statutes of 2004) and needs to clarify that  
          applicants for licensure must pass both licensing  
          examinations, not just one.

           Medical Board of California  .   The Senate Business,  
          Professions and Economic Development Committee's staff  
          recommended repealing BPC Section 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 BPC Section 2102 was  
          amended incorrectly in last year's SB 819 (Yee), Chapter  
          308 Statutes of 2009, and the BPC needs the incorrectly  
          deleted post graduate training requirement for licensure to  
          be reinstated.  Also, Section 2103 of  the BPC needs to  
          remove subdivision (a) so that the reference to the  
          repealed Section 2088 is no longer included.  This section  







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          also needs to change the references from "division" to  
          "board" to make the section consistent with existing law.

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

           SUPPORT  :   (Verified  5/4/10)

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


          JJA:do  5/4/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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