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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