BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 943| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED SB 943 Page 2 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. CONTINUED SB 943 Page 3 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 CONTINUED SB 943 Page 4 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 CONTINUED SB 943 Page 5 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: CONTINUED SB 943 Page 6 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. CONTINUED SB 943 Page 7 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: CONTINUED SB 943 Page 8 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 . CONTINUED SB 943 Page 9 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 CONTINUED SB 943 Page 10 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 **** END **** CONTINUED