BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 943|
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                                 THIRD READING


          Bill No:  SB 943
          Author:   Senate Business, Professions & Economic 
          Development Committee
          Amended:  5/19/11
          Vote:     21

           
           SENATE BUSINESS, PROF. & ECON. DEV. COMMITTEE  :  9-0, 5/2/11
          AYES:  Price, Emmerson, Corbett, Correa, Hernandez, Negrete 
            McLeod, Vargas, Walters, Wyland

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Business and professions 

          SOURCE  :     Author


           DIGEST  :    This bill makes several non-controversial, 
          minor, nonsubstantive or technical changes to various 
          miscellaneous provisions pertaining to regulatory boards of 
          the Department of Consumer Affairs and professions 
          regulated primarily 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, 4 
             committees, 8 bureaus, and 1 commission within the 
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             Department of Consumer Affairs (DCA) under various 
             Business and Professions Code (BPC) licensing acts.

          2. Contains the following provisions relating to the Dental 
             Hygiene Committee (DHC):

             A.    Establishes DHC within the Dental Board of 
                California (DBC) to regulate the practice of 
                registered dental hygienists (RDH).  

             B.    Requires an applicant for licensure as an RDH to 
                provide fingerprints to state and federal criminal 
                justice agencies.  Requires DHC to submit fingerprint 
                images to the Department of Justice (DOJ) for the 
                purposes of criminal record information.  Specifies 
                that DOJ charges a fee to cover processing.  

             C.    Establishes the authority of DHC for licensure of 
                RDHs in extended functions pursuant to certain 
                requirements.  Establishes the authority of DHC for 
                licensure of RDHs in alternative practice pursuant to 
                certain requirements, including completion of a 
                bachelor's degree or equivalent from a higher 
                education institution accredited by a national agency 
                recognized by the Council on Postsecondary 
                Accreditation.  

             D.    Clarifies that an RDH in alternative practice 
                shall not infer, purport or advertise that he or she 
                is in any way able to provide dental services or make 
                any type of dental health diagnosis beyond evaluating 
                hygiene status.  

             E.    Requires that a percentage of funds in the State 
                Dental Auxiliary Fund be transferred to the State 
                Dental Hygiene Fund based on the number of RDHs, RDHs 
                in extended functions or RDHs in alternative practice 
                licensed on June 30, 2009. 

             F.    Authorizes DHC to suspend, revoke or decline a 
                license if the time for appeal has elapsed, if the 
                judgment of a conviction has been affirmed on appeal 
                or if an order granting probation is made which 
                suspends the sentence.  

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             G.    Specifies that unprofessional conduct for an RDH 
                includes being convicted of a charge violating any 
                federal statute or rules or any state statute or 
                rules regarding controlled substances.  

             H.    Specifies that a licensee who fails or refuses to 
                comply with a request for a patient's dental hygiene 
                records, accompanied by that patient's written 
                authorization, within 15 days of receiving the 
                request and authorization, must pay DHC a $250 civil 
                penalty, up to $5,000, for each day the documents 
                have not been produced.  

             I.    Specifies that a health care facility that fails 
                or refuses to comply with a request for a patient's 
                dental hygiene records, accompanied by that patient's 
                written authorization, within 30 days of receiving 
                the request and authorization, must pay DHC a $250 
                civil penalty, up to $5,000, for each day the 
                documents have not been produced.  Clarifies that the 
                civil penalties shall be in accordance with the 
                Administrative Procedures Act.  

          3. Contains the following provisions relating to the Board 
             of Registered Nursing (BRN):

             A.    Establishes the Nursing Practice Act, enforced by 
                the BRN, to regulate the practice of nursing in 
                California.

             B.    Permits nurse practitioners and physician 
                assistants to furnish prescription drugs under the 
                supervision of a physician to clarify that it is a 
                prescribing activity for purposes of registering with 
                the United States Drug Enforcement Authority.  

          4. Contains the following provisions relating to the Board 
             of Psychology:

             A.    Licenses and regulates the practice of 
                psychologists by the Board of Psychology.  

             B.    Establishes the standards for ethical conduct 

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                relating to the practice of psychology as the 
                "Ethical Principles and Code of Conduct" published by 
                the American Psychological Association.  Requires all 
                licensees and registrants to post a "Notice to 
                Consumers" in a conspicuous location in their 
                principal psychological business office informing 
                consumers that the Board of Psychology receives and 
                responds to questions and complaints regarding the 
                practice of psychology and provides information on 
                how to contact the Board, including a designated 
                mailing address. 

          5. Contains the following provisions relating to the Board 
             of Pharmacy:

             A.    Provides for the licensure and regulation of 
                pharmacies, pharmacists and wholesalers of dangerous 
                drugs or devices by the Board.

             B.    Requires an applicant to pass a practical exam 
                given by the Board prior to December 31, 2003. 

          6. Contains the following provisions relating to the Board 
             of Behavioral Sciences (BBS):
          
             A.    Licenses and regulates the practice of marriage 
                and family therapists (MFTs), MFT interns, licensed 
                educational psychologists (LEPs), licensed clinical 
                social workers (LCSWs) and associate social workers 
                (ASWs) by the BBS.  Beginning January 1, 2012, the 
                Board will additionally license professional clinical 
                counselors (LPCCs).

             B.    Specifies the following as subjects that satisfy 
                masters or doctoral degree requirements for 
                licensure:

                         Marriage, family and child counseling
                         Marriage and family therapy
                         Psychology
                         Clinical psychology
                         Counseling psychology
                         Counseling with an emphasis in either 
                   marriage, family and child counseling or marriage 

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                   and family therapy

             C.    Specifies that the practicum required for 
                licensure must include a minimum of 225 hours of 
                face-to-face experience counseling individuals, 
                couples, families or groups.  

             D.    Prohibits a licensed professional MFT in practice 
                or a MFT corporation from supervising more than two 
                individuals registered as either an MFT intern or 
                ASCW.  Prohibits a licensed professional MFT in 
                private practice from employing more than two MFT 
                interns or ASCWs.  Prohibits a MFT corporation from 
                employing more than 10 MFT interns or ASCWs.  

             E.    Authorizes BBS to deny an application, suspend or 
                revoke a license or registration for a clinical 
                social worker, professional clinical counselor or 
                educational psychologist.  

             F.    Authorizes BBS to suspend or revoke a license 
                based upon disciplinary action in another state or 
                territory of the U.S. or by a government agency.  

             G.    Authorizes BBS to deny a license or registration, 
                or suspend or revoke the license or registration of a 
                licensee based on unprofessional conduct, including 
                acting beyond the scope of one's competence as an 
                LCSW.  

             H.    Prohibits members of certain professional groups 
                from holding themselves out to the public for certain 
                psychological work. 

             I.    Prohibits a LCSW in private practice or a LCSW 
                corporation from supervising more than two 
                individuals registered as either a MFT intern or 
                ASCW.  Prohibits a LCSW in private practice from 
                employing more than two MFT interns or ASCWs.  
                Prohibits a LCSW corporation from employing more than 
                10 MFT interns or ASCWs.  

          This bill:


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          1. Makes the following changes relating to the Dental 
             Hygiene Committee (DHC):
          
             A.    Adds a provision stating "Ýp]rotection of the 
                public shall be the highest priority for the 
                committee in exercising its licensing, regulatory and 
                disciplinary functions."

             B.    Clarifies that references to various sections 
                refer to those sections in "this article".

             C.    Specifies that the fingerprint images applicants 
                for licensure must submit shall be "electronic".

             D.    Changes reference to code sections regarding 
                fingerprints from BPC Section 1628.5 to BPC 
                Section1943.

             E.    Removes the corresponding reference to DOJ 
                charging a fee to cover cost of processing 
                fingerprint request.

             F.    Makes clarifying changes specifying that a person 
                must complete an application and pay all fees 
                required by the DHC in order to be licensed.

             G.    Specifies that applicants for licensure may have a 
                degree from an institution accredited by a regional 
                accrediting agency recognized by the United States 
                Department of Education.  Deletes the provision that 
                institutions may be recognized by the Council on 
                Postsecondary Accreditation.

             H.    Simplifies the phrase "dental health diagnosis" to 
                read "dental diagnosis".

             I.    Deletes the provision relating to a 2009 shift of 
                funds from the State Dental Auxiliary Fund to the 
                State Dental Hygiene Fund. 

             J.    Allows the DHC to reprimand a licensee or order a 
                license placed on probation in addition to other 
                disciplinary actions. 


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             K.    Splits the large paragraph in BPC Section 1952(c) 
                into a main section and two subsections:  (i) and 
                (ii).  

             L.    Amends reference to refer to "dental or" dental 
                hygiene records.

             M.    Allows for DHC to collect "administrative 
                penalties" in addition to civil penalties; clarifies 
                that penalty or fine may be "up to a maximum" of $250 
                per day.

             N.    Corrects an erroneous reference from "certificate" 
                to "permit," removes other references to "permit".

             O.    Clarifies grammatical ambiguity. 

             P.    Clarifies reference to Section 651 "of the code".

             Q.    Corrects syntax error by changing "prefer" to 
                "proffer".

             R.    Changes specified references from BPC Section 1681 
                to Section 1950.5.

          2. Makes the following changes relating to the Board of 
             Registered Nursing (BRN):
          
             A.    Changes references to "military education and 
                experience" to "military education".

             B.    Amends an incorrect reference to code section 
                regarding authorized nurse practitioners.

          3. Makes the following changes relating to the Board of 
             Psychology:

             A.    Changes mailing address to where people may send 
                questions, comments, or complaints to reflect the 
                Board's move to a new location in 2008.  

          4. Makes the following changes relating to the Physician's 
             Assistant Practice Act:


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             A.    Requires all physician assistant applicants 
                provide evidence of successful completion of an 
                approved program, as defined.

          5. Makes the following changes relating to the regulation 
             of Polysomnographic Technologists:

             A.    Makes clarifying changes to the grandfathering 
                provisions for practicing polysomnographic 
                technologists.

          6. Makes the following changes relating to the Board of 
             Pharmacy:

             A.    Deletes an obsolete reference to a practical exam 
                given by the Board prior to December 31, 2003. 

          7. Makes the following changes to the Veterinary Medicine 
             Practice Act:

             A.    Extends the sunset date on the Veterinary Medicine 
                Practice Act from January 1, 2012 until January 1, 
                2013.

          8. Makes the following changes relating to the Board of 
             Behavioral Sciences:

             A.    Amends references to the Bureau for Private 
                Postsecondary Education to reflect the Bureau's name 
                change.

             B.    Adds "couple and family therapy" to the list of 
                acceptable subjects that satisfy masters or doctoral 
                degree requirement for licensee applicants.

             C.    Clarifies how required experiential hours may be 
                allocated between "face-to-face" counseling and 
                "client-centered advocacy".

             D.    Includes "clinical counselor intern" in the list 
                of interns or associates a marriage and family 
                therapy corporation or licensed professional in 
                private practice may employ may supervise and/or 
                employ .

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             E.    Increases the number of interns a marriage and 
                family therapy corporation or licensed individual in 
                private practice may employ at one time from two per 
                licensed therapist to three per licensed therapist.  
                Also increases the total number of interns a 
                corporation may have at one time from 10 to 15.

             F.    Changes references to "professional corporation" 
                in the section to clarify that provisions apply to a 
                "marriage and family therapy corporation".

             G.    Includes "marriage and family therapist" and 
                "educational psychologist" in the list of positions 
                listed in the section regarding disciplinary action 
                following revocation of license.

             H.    Clarifies that the Board may suspend or revoke a 
                license based upon disciplinary action in "this 
                state" in addition to other states and territories.

             I.    Clarifies a provision relating to acting beyond 
                the scope of one's competence as a social worker.

             J.    Clarifies that the Board may take disciplinary 
                action based on revocation of a license to practice 
                "clinical social work," among revocation of other 
                licenses, certificates, or registrations.

             K.    Adds "licensed professional clinical counselors" 
                to list of qualified members of professional groups 
                that the section shall not prevent from doing work of 
                a psychosocial nature. 

             L.    Includes "clinical counselor intern" in the list 
                of interns or associates an LCSW corporation or 
                licensed professional in private practice may employ 
                may supervise and/or employ.

             M.    Increases the number of interns an LCSW 
                corporation or licensed individual in private 
                practice may employ at one time from two per licensed 
                therapist to three per each employee or shareholder 
                who has satisfied the requirements of Section 1870 of 

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                Title 16 of the California Code of Regulations.  Also 
                increases total number of interns a corporation may 
                have at one time from 10 to 15.

             N.    Consolidates provisions regarding  board's 
                authority to suspend or revoke a license or 
                registration under the section.

             O.    Consolidates provisions regarding the number of 
                interns or employees certain licensed individuals may 
                supervise at one time.

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



          JJA:mw  5/18/11   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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