BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 943|
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UNFINISHED BUSINESS
Bill No: SB 943
Author: Senate Business, Professions & Economic
Development Committee
Amended: 8/29/11
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
SENATE FLOOR : 39-0, 5/31/11
AYES: Alquist, Anderson, Blakeslee, Calderon, Cannella,
Corbett, Correa, De León, DeSaulnier, Dutton, Emmerson,
Evans, Fuller, Gaines, Hancock, Harman, Hernandez, Huff,
Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete
McLeod, Padilla, Pavley, Price, Rubio, Runner, Simitian,
Steinberg, Strickland, Vargas, Walters, Wolk, Wright,
Wyland, Yee
NO VOTE RECORDED: Berryhill
ASSEMBLY FLOOR : 78-0, 8/31/11 - See last page for vote
SUBJECT : Business and professions
SOURCE : Author
DIGEST : This bill makes several non-controversial,
minor, nonsubstantive or technical changes to various
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miscellaneous provisions pertaining to regulatory boards of
the Department of Consumer Affairs and professions
regulated primarily under the Business and Professions
Code.
Assembly Amendments revise the peer review information
included in the Medical Board of California's annual report
to the Legislature, add double-jointing language to SB 363
(Emmerson) and SB 946 (Senate Health Committee), and make
various technical and nonsubstantive changes.
ANALYSIS : Existing law provides for the licensing and
regulation of various professions and businesses by some 23
boards, 4 committees, 8 bureaus, and 1 commission within
the Department of Consumer Affairs (DCA) under various
Business and Professions Code (BPC) licensing acts.
This bill:
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 Department
of Justice (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.
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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.
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.
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2. Makes the following changes relating to the Board of
Registered Nursing:
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:
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
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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 .
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
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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 a licensed clinical social
worker (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
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
SUPPORT : (Verified 8/31/11)
Board of Behavioral Sciences
Medical Board of California
ASSEMBLY FLOOR : 78-0, 8/31/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
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Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Olsen, Pan, Perea, V. Manuel Pérez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Gorell, Norby
JJA:mw 8/31/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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