BILL ANALYSIS Ó
SB 541
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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
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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