BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1491| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 1491 Author: Senate Business, Professions and Economic Development Com. Amended: As introduced 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 : Professions and vocations SOURCE : Author DIGEST : This bill makes several non-controversial, minor, non-substantive or technical changes to various miscellaneous provisions pertaining to regulatory boards of the Department of Consumer Affairs and professions regulated under the Business and Professions Code. ANALYSIS : Existing Law 1. Provides for the licensing and regulation of various professions and businesses by some 23 boards, four committees, seven bureaus, and one commission within the CONTINUED SB 1491 Page 2 Department of Consumer Affairs (DCA) under various Business and Professions Code (BPC) licensing acts. This bill: 1. Makes the following changes relating to the California Board of Accountancy (CBA): A. Names the CBA's enforcement advisory committee so that its name clearly reflects its function, and makes conforming changes. B. Clarifies that the CBA may appoint public board members to its committees. C. Recasts the provisions regarding issuing peer review reports for greater clarity. D. Cleans up language relating to alternative licensure pathways which was made obsolete by last year's SB 819 (Yee) Chapter 308, Statutes of 2009. E. Makes technical, correcting and updating. 2. Makes the following changes relating to the Contractors State License Board (CSLB): A. Makes conforming changes by removing a reference to a notice requirement which was repealed by SB 1914 (B&P Committee), Chapter 865, Statutes of 2004. B. Extends the time for the CSLB to pursue a complaint against an unlicensed contractor to 18 months after the complaint is filed, conforming to the same timeframe for action against a licensee. C. Clarifies that civil penalties assessed by the CSLB for unlicensed contracting or aiding and abetting unlicensed activity are not subject to other provisions of law which restrict fine amounts. CONTINUED SB 1491 Page 3 D. Corrects a reference to the Department of Public Health and authorizes the CSLB to administer its asbestos open book examination electronically. E. Clarifies that violation of the Subletting and Subcontracting Fair Practices Act in the Public Contract Code is a cause for disciplinary action. 3. Clarifies that guide dog schools and guide dog instructors licensed by the Board of Guide Dogs for the Blind (BGDB) may provide in-home training, regardless of the user's experience with a guide dog. 4. Makes the following changes relating to the Board of Barbering and Cosmetology (BBC): A. Clarifies the definition of nail care to refer to massaging, cleansing, or beautifying from the elbow to the finger tips or the knee to the toes. B. Clarifies that unlicensed activity violations which are misdemeanors may also be subject to administrative fines. C. Clarifies that metal instruments for the smoothing and massaging of hands and feet may be used when providing a manicure or pedicure. D. Clarifies that a licensed establishment may provide towels or hand air dryers instead of "approved sanitary towels" in the establishment's hand washing facilities. E. Clarifies that licensee appealing an administrative fine may either appear in person or may file a written appeal. 5. Makes the following changes relating to human remains: A. Provides that cremated remains may be placed into "keepsake urns" and kept as authorized by those with the right to control disposition; requires a disposition permit to be obtained for each keepsake urn; makes conforming and clarifying CONTINUED SB 1491 Page 4 changes. B. Repeals an obsolete provision that conflicts with current licensure practices. Background The following is background and reasons for the more significant and substantive provisions in this bill: California Board of Accountancy . According to CBA, the term, "administrative committee," does not clearly communicate to licensees or to consumers the actual role that this committee fulfills as an enforcement advisory committee to the CBA; therefore, the CBA has recommended renaming the committee as the enforcement advisory committee. The CBA states that current practice is to allow public board members to be appointed to the CBA's legislative committee, the committee on professional conduct and other committees of the CBA. However, it is unclear whether this practice is consistent with BPC Section 5024 which states that CPAs may be appointed to committees; therefore, this bill clarifies the CBA's practice of appointing non-CPA board members (i.e. public members) to committees. The law provides that a licensee must conduct a peer review, however it is not clear that a licensee must issue the actual peer review report; this bill clarifies those provisions. Contractors State License Board . According to the CSLB, the requirement for an unlicensed person to give a notice to consumers was repealed by SB 1914 (B&P Committee), Chapter 865, Statutes of 2004; this bill makes a conforming change by removing reference to that notice. Complaints received against unlicensed contractors just prior to the expiration of the statute of limitations (four years from the act or omission) cannot be pursued due to the lack of sufficient time to conduct an investigation, according to CSLB, while the timeframe for action against a licensee is 18 months after the complaint is filed; this bill conforms the timeframe for taking action against an unlicensed contractor to the time for taking action against a licensee. CSLB further states that BPC Sections 125.9 and 148 places a $5,000 cap for fines assessed by agencies CONTINUED SB 1491 Page 5 under the DCA, while the contractor's law provides for additional civil penalties assessed by the CSLB for unlicensed contracting or aiding and abetting unlicensed activity. This bill clarifies that that these civil penalties are not subject to those general provisions of law which restrict fine amounts. CSLB indicates that currently the asbestos open book examination is administered by paper and pencil, a more expensive and slow examination method. This bill requires the CSLB to offer the exam and study booklet online on its Internet Web site. The CSLB also indicates that the Subletting and Subcontracting Fair Practices Act (Act) in the Public Contract Code (Section 4111), authorizes the CSLB to discipline contractors for violations of the Act; however BPC Section 7110 does not include a specific reference to violations of the PCC. This bill makes reference to that Act. Board of Guide Dogs for the Blind . According to the BGDB, current law is unclear, restrictive and problematic on the provision of in-home training to potential guide dog users; this bill clarifies these provisions and provides that guide dog schools and guide dog instructors licensed by the board may provide in-home training, regardless of the user's experience with a guide dog. Board of Barbering and Cosmetology . According to the BBC, the law is unclear whether the practice of nail care includes massaging, cleansing, or beautifying from the elbow to the finger tips or the knee to the toes. The amendments clarify these provisions. BBC states, that although the law provides that unlicensed barbering, cosmetology, or electrolysis is a misdemeanor violation, it is unclear whether it may be subject to an administrative citation and fine. This bill clarifies that unlicensed practice may also be subject to an administrative fine. BBC also indicates that the law prohibits a licensee providing a manicure or pedicure from using metal instruments, except those instruments necessary for the cutting, trimming, manicuring or pedicuring of nails or cuticles. However it does not include the use of metal instruments to smooth or massage the hands or feet. This bill clarifies that mental instruments may be used for the smoothing and massaging the hands or feet. CONTINUED SB 1491 Page 6 BBC further indicates that provisions requiring an establishment to have "approved sanitary towels" have been a source of confusion for licensees and board staff alike. While the statute attempts to be specific, it only serves to make the towel requirements more vague, according to BBC, and this bill clarifies those provisions. BBC states that in order to process appeals as expeditiously and conveniently as possible for licensees, the BBC's disciplinary review committee has recently allowed citations to be appealed in writing without the licensee physically appearing. However, the statutory language could be interpreted to require the physical appearance of the appellant, which is expensive for the licensee, and time consuming for the disciplinary review committee. Giving individuals the option to submit a written appeal would mitigate these issues, according to BBC. Human Remains . According to DCA, current law requires a crematory to be associated with a cemetery, columbarium, burial park, or mausoleum. However, this provision is confusing because it seems to suggest that a crematory must be located within a cemetery. Many licensed crematories do not operate within a cemetery and the provision is outdated. This bill repeals this provision. According to the California Funeral Directors Association (CFDA), the Health and Safety Code makes specified provisions regarding cremated remains including providing that cremated remains may be removed in a durable container from the place of cremation or interment and kept in the dwelling owned or occupied by the person having the right to control disposition of the remains, or other specified places, under the authority of a disposition permit issued by the local registrar of vital records. These provisions do not allow for family members or other loved ones to use keepsake urns to hold small portions of the cremated remains. This bill permits the use of keepsake urns, as specified. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 5/4/10) CONTINUED SB 1491 Page 7 California Board of Accountancy Contractors State License Board State Board of Guide Dogs for the Blind JJA:do 5/5/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED