BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1236
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          SENATE THIRD READING
          SB 1236 (Price)
          As Amended  August 20, 2012
          Majority vote 

           SENATE VOTE  :37-0  
           
           BUSINESS & PROFESSIONS             9-0              
          APPROPRIATIONS      17-0        
           
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          |Ayes:|Hayashi, Bill Berryhill,  |Ayes:|Gatto, Harkey,            |
          |     |Allen, Butler, Eng,       |     |Blumenfield, Bradford,    |
          |     |Hagman, Hill, Ma, Smyth   |     |Charles Calderon, Campos, |
          |     |                          |     |Davis, Donnelly, Fuentes, |
          |     |                          |     |Hall, Hill, Cedillo,      |
          |     |                          |     |Mitchell, Nielsen, Norby, |
          |     |                          |     |Solorio, Wagner           |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Extends the sunset dates of numerous boards, 
          committees and programs under the Department of Consumer Affairs 
          (DCA) and makes related conforming and technical changes.  
          Specifically,  this bill  :   

          1)Extends the sunset date for references to investigations 
            pursuant to the Medical Board of California's (MBC) vertical 
            enforcement and prosecution model from January 1, 2013, to 
            January 1, 2014.

          2)Extends the sunset date for the Naturopathic Medicine 
            Committee under the Osteopathic Medical Board of California 
            from January 1, 2013, to January 1, 2014. 

          3)Extends the California Board of Podiatric Medicine's (BPM) 
            sunset date to January 1, 2017.

          4)Repeals an obsolete provision prohibiting a doctor of 
            podiatric medicine (DPM) from performing an admitting history 
            and physical exam at an acute care hospital.

          5)Eliminates the four year limit on the renewal of a resident's 
            license for DPMs in postgraduate training programs.









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          6)Removes a requirement that applicants for a DPM license obtain 
            a specific score on the licensing examination.

          7)Clarifies that the vote of only one member of the BPM is 
            necessary to defer a decision for consideration by the entire 
            board.

          8)Authorizes the BPM to increase costs assessed when a proposed 
            decision is not adopted by the BPM and the BPM finds grounds 
            for increasing the assessed costs, as specified.

          9)Extends the sunset date for the Physical Therapy Board and the 
            term of its executive officer (EO) from January 1, 2013 to 
            January 1, 2014. 

          10)Extends the sunset date of the Board of Psychology and its 
            authority to employ an EO until January 1, 2017.

          11)Extends sunset dates for the Physician Assistant Committee 
            (PAC) and its authority to appoint an EO to January 1, 2017.

          12)Changes the name of the PAC to the Physician Assistant Board 
            (PAB) and makes conforming changes.

          13)Changes the composition of the PAB to add a physician 
            assistant (PA) and to make the physician member an ex officio, 
            non-voting member who shall not be counted for purposes of a 
            quorum.

          14)Allows the PAB to establish, by regulation, a system for 
            placement of a licensee on retired status, as specified.

          15)Provides that the expiration, cancelation, forfeiture, or 
            suspension of a PA license by operation of law or by order or 
            decision of the PAB or a court of law, the placement of a 
            license on a retired status, or the voluntary surrender of a 
            license by a licensee shall not deprive the PAB of 
            jurisdiction to commence or proceed with any investigation of, 
            or action or disciplinary proceeding against, the licensee or 
            to render a decision suspending or revoking the license.

          16)Applies to PAs the current-law requirements within the 800 
            series of the Business and Professions Codes (800 series) that 
            apply to specified health care licensing boards and licensees 








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            of those boards. 

          17)Extends the sunset date for the Board of Pharmacy, its 
            appointment authority, and the term of its EO from January 1, 
            2013, to January 1, 2017. 

          18)Extends the sunset date of the Board of Behavioral Sciences 
            and its authority to appoint an EO until January 1, 2017.

          19)Extends the sunset date for the Court Reporters Board, the 
            term of its EO, and specified Transcript Reimbursement Funds 
            from January 1, 2013, to January 1, 2017. 

          20)Extends the sunset date for the registration, investigation, 
            and enforcement of service contractors and service dealers 
            under the Electronic and Appliance Repair Dealer Registration 
            Law from January 1, 2013, to January 1, 2015. 

          21)Makes conforming, technical and clarifying changes within the 
            Business and Professions Code. 

           FISCAL EFFECT  :   According to the Assembly Appropriations 
          Committee:

          1)Annual fee-supported special fund costs associated with 
            continued operation of the following regulatory entities, as 
            follows:

             a)   BPM, of $1 million, until January 1, 2017. 

             b)   Physician Assistant Committee, of $1.2 million, until 
               January 1, 2017. 

             c)   Board of Psychology, of $4.5 million, until January 1, 
               2017.

             d)   Board of Behavioral Sciences, of $8.2 million, until 
               January 1, 2017.

             e)   Naturopathic Medicine Committee, of $174,000 for one 
               year. 

             f)   Physical Therapy Board, of $3.3 million, for one year. 









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             g)   California State Board of Pharmacy, of $15.3 million, 
               until January 1, 2017.

             h)   Court Reporters Board of California, of $1.1 million, 
               until January 1, 2017.

          1)Minor potential increased revenue that would offset the BPM's 
            costs of investigation and prosecution of disciplinary cases.  


          2)Potential minor regulatory and IT costs to the Physician 
            Assistant Board if it promulgates regulations to establish a 
            retired licensure status.  Any increased costs would be 
            covered by fee revenues.  

           COMMENTS  :  This bill contains sunset extensions for a number of 
          boards, committees and programs within DCA, and makes technical 
          and updating changes to the Business and Professions Code.


           Analysis Prepared by :    Angela Mapp / B.,P. & C.P. / (916) 
          319-3301 


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