BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 541
                                                                  Page  1

          Date of Hearing:   August 17, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                     SB 541 (Price) - As Amended:  June 21, 2011 

          Policy Committee:                              Business and 
          Professions  Vote:                            9 - 0 

          Urgency:     Yes                  State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill authorizes any boards within the Department of 
          Consumer Affairs (DCA), the State Board of Chiropractic 
          Examiners, and the Osteopathic Medical Board to enter into 
          agreements with private consultants to provide expert opinions 
          for enforcement-related manners, assist in examination 
          development, and evaluate the physical and mental health of 
          licensees.  In addition, this bill specifically exempts these 
          boards from state contracting laws for purposes of these 
          agreements.

           FISCAL EFFECT  

          There are no significant costs associated with this legislation. 


           COMMENTS  

           Rationale  . This bill allows boards and bureaus under the 
          jurisdiction of DCA to enter into service agreements with expert 
          consultants without going through a formal contracting process. 
          According to the author, DCA has begun requiring that all boards 
          and bureaus enter into a formal consulting services contract 
          with each expert consultant they use to provide an opinion in an 
          enforcement matter.  The author argues that going through the 
          formal contracting process in order to utilize the services of 
          an expert consultant would create an enormous backlog for both 
          DCA and for each board and would significantly impact the time 
          required to complete the initial review and investigate 
          complaints filed with boards.  The author is concerned that this 
          process would limit a board's ability to take disciplinary 








                                                                  SB 541
                                                                  Page  2

          actions against licensees and could result in case delays.

          The author contends that SB 541 would allow the boards and 
          bureaus to essentially continue the existing practices they have 
          had in place to use expert reviewers.

           Analysis Prepared by :    Julie Salley-Gray / APPR. / (916) 
          319-2081