BILL ANALYSIS Ó SB 1575 Page 1 Date of Hearing: June 19, 2012 ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER PROTECTION Mary Hayashi, Chair SB 1575 (Business, Professions & Economic Development) - As Amended: June 12, 2012 SENATE VOTE : 37-0 SUBJECT : Professions and vocations. SUMMARY : Makes numerous minor and technical changes to various provisions pertaining to the health-related regulatory boards within the Department of Consumer Affairs (DCA). Specifically, this bill : 1)Allows a board regulated under DCA to request a local or state agency to provide certified records of all arrests and convictions, records regarding probation, and any other related documentation needed to complete an applicant or licensee investigation, and requires the specified agencies to comply. 2)Revises eligibility requirements for a person applying for a special permit with the Dental Board of California (DBC) to allow for alternative eligibility for a person who completes an advanced education program accredited by the Commission on Dental Accreditation of the American Dental Association or a national accrediting body approved by the DBC. 3)Requires a licensee to report to the Dental Hygiene Committee (DHC), upon his or her initial licensure and any subsequent application for renewal or inactive license, the practice or employment status of the licensee as one of the following: a) Full-time practice or employment in a dental or dental hygiene practice of 32 hours per week or more in California; b) Full-time practice or employment in a dental or dental hygiene practice of 32 hours or more outside of California; c) Part-time practice or employment in a dental or dental hygiene practice for less than 32 hours per week in SB 1575 Page 2 California; d) Part-time practice or employment in a dental or dental hygiene practice for less than 32 hours per week outside of California; e) Dental hygiene administrative employment that does not include direct patient care, as may be further defined by the DHC; f) Retired; or, g) Other practice or employment status, as may be further defined by the DHC. 4)Requires the collected employment status information specified above to be posted on the Internet Web site of the DHC. 5)Allows a DHC licensee to report information regarding the licensee's cultural background and foreign language proficiency on his or her renewal application, and requires the DHC to collect the information as appropriate. 6)Establishes guidelines and requirements for DHC's compilation of a licensee's information specified above, and states legislative intent to use moneys in the State Dental Hygiene Fund to pay for implementation of these provisions. 7)Repeals an obsolete provision regarding the approval process for courses pertaining to direct supervision duties, added to the scope of practice of dental hygienists 8)Clarifies that a licensee is required to report changes to his/her physical address and electronic mail to DHC within 30 days. 9)Defines "extramural dental facility" to mean any clinical facility employed by an approved dental hygiene educational program for instruction in dental hygiene that exists outside or beyond the walls, boundaries or precincts of the primary campus of the approved program and in which dental hygiene services are rendered. 10)Requires an approved dental hygiene educational program to register extramural dental facilities with the DHC as SB 1575 Page 3 specified. 11)Requires that the DHC to impose the same application denial and license revocation procedures that currently exist for the DBC regarding applicants or licensees who are registered sex offenders, as specified. 12)Requires the Medical Board of California (MBC) to annually send an electronic notice to each applicant and licensee who has chosen to receive correspondence via electronic mail that requests confirmation from the applicant or licensee that the electronic mail address is current, and requires that an applicant or licensee that does not confirm the electronic mail address to receive correspondence at a mailing address previously provided. 13)Clarifies that the MBC may take enforcement actions against physicians who hold certificates that do not permit them to practice medicine, such as retired, inactive, or disabled status. 14)Replaces the term "infant" with "neonate" in provisions requiring midwives to report specified information to the Office of Statewide Health Planning and Development (OSHPD). 15)Prohibits a licensed midwife with a retired status license from engaging in in the practice of midwifery and exempts licensees with a retired status license from paying renewal fees and continuing education requirements. 16)Authorizes the MBC or the California Board of Podiatric Medicine (CBPM) to be notified by electronic mail if a physician, surgeon or podiatrist does not renew his or her license within 60 days of expiration. 17)Authorizes the California State Board of Optometry (CSBO) to permit a graduate of a foreign university who meets certain requirements to take the examinations for certificate of registration as an optometrist. 18)Updates the requirements for a student respiratory care practitioner to be under the direct supervision of a person holding a valid, current and unrestricted license. 19)Adds negligence in his or her practice as a respiratory care SB 1575 Page 4 practitioner, or in any capacity as a health care worker, consultant, supervisor manager or health facility owner or as a party responsible for the care of another to the reasons the Respiratory Care Board of California (RCBC) may order the denial, suspension, or revocation of, or the imposition of probationary conditions upon, a license. 20)Adds illegal drug paraphernalia to the reasons the RCBC may deny, suspend, place on probation or revoke the license of any applicant or license holder. 21)Allows intern hours earned in another state, to be certified by the licensing agency of that state to document proof of pharmacy practice hours for an intern pharmacist. 22)Requires a minimum of 900 hours of pharmacy practice experience for an applicant for the licensure examination who has been licensed in any state for one year. 23) Provides that various disciplinary actions against a licensee, does not prevent the Board of Pharmacy (BOP) from conducting any investigation or disciplinary proceeding against the licensee or from rendering a decision suspending or revoking the license. 24)Renames the Marriage and Family Therapist Act (MFT) as the Licensed MFT. 25)Adds professional clinical counselors to the list of groups licensed by the Board of Behavioral Sciences (BBS). 26)Revises the examination requirements for MFT and Licensed Clinical Social Workers (LCSW) applicants who passed a standard written examination but not the clinical vignette examination. 27)Specifies the type of supervision that is required for credited experience for MFTs. 28)Adds Licensed Professional Clinical Counselors (LPCC) to the list of supervisors an unlicensed MFT or trainee may be supervised by. 29)Requires an applicant for a MFT license to complete an 18-hour course in California law and professional ethics. SB 1575 Page 5 30)Deletes references to "the Health Insurance Portability and Accountability Act" and replaces it with "state and federal laws relating to confidentiality of patient health information." 31)Revises the requirements for MFTs licensed between January 1, 2010 and December 31, 2013 who have completed a two-semester, or three-quarter unit course in law and professional ethics that do not meet specified requirements by requiring an 18 hour course in law and professional ethics with specified course content. 32)Adds compliance with fingerprint requirements for MFTs and Licensed Educational Psychologists (LEPs), established by the BBS, to the list of requirements for an expired licensee that was not renewed within three years of expiration. 33) Specifies the content that must be included in the instruction of California law and professional ethics for professional clinical counselors. 34)Changes implementation dates for educational and examination requirements from January 1, 2013, to January 1, 2014, as specified for MFTs, LPCCs and LCSWs. 35) Removes a fee established for LPCC interns, as specified. 36)Repeals obsolete provisions of law. 37)Makes other technical, minor and non-substantive changes. EXISTING LAW 1)Authorizes the Boards, bureaus and commission in the DCA to establish minimum qualifications and levels of competency and license persons desiring to engage in the occupations they regulate. 2)Establishes the eligibility requirements a person must meet when applying for a special permit to be a full-time professor, an associate professor, or an assistant professor for a California dental college. 3)Establishes the DHC within the jurisdiction of the DBC and SB 1575 Page 6 authorizes the committee to evaluate all registered dental hygienist, registered dental hygienist in alternative practice, and registered dental hygienist in extended function educational programs that apply for approval, and grant or deny approval of those applications in accordance with regulations adopted by the committee. 4)Establishes unprofessional conduct standards for licensed dentists and dental hygienist. 5)Requires each licensed midwife who assists or supervises a student midwife in a childbirth that occurs out of a hospital setting to annually report specified information to the OSHPD. 6)Authorizes the MBC to license midwives. 7)Establishes the Optometry Practice Act and authorizes the California State Board of Optometry (CSBO) to require individuals meet specified requirement to take the examinations for a certificate of registration as an optometrist. 8)Establishes the Respiratory Care Act and the (RCBC) which is authorizes the board to issue, deny, suspend, and revoke licenses to practice respiratory care as specified. 9)Authorizes the RCBC to order the denial, suspension, or revocation of, or the imposition of probationary conditions upon a license for specified reasons. 10)Establishes the number of hours of pharmacy practice an intern pharmacist must complete prior to applying for the pharmacist licensure examination. 11)Authorizes the BOP to take action against any holder of a license who is guilty of unprofessional conduct or whose license has been procured by fraud or misrepresentation or issued by mistake. 12)Requires applicants for licensure as MFT to take and pass specified exams. 13)Requires applicants for MFT licensure examinations to meet experience requirements as specified. SB 1575 Page 7 14)Requires applicants for MFTs to take specified courses in law and professional ethics. 15)Allows a MFT to renew a license at any time within three years after its expiration by completing certain actions and paying any delinquency fees. 16)Establishes exam eligibility requirement or registration for LPCCs who begins graduate study before August 1, 2012 and complete study on or before December 31, 2018. FISCAL EFFECT : Unknown COMMENTS : Background . According to information provided by the author, "this makes several non-controversial, minor, non-substantive changes to various provisions pertaining to the health-related regulatory boards. Consolidating the provisions in one bill is designed to relieve the various licensing Boards, bureaus and professions from the necessity and burden of having separate measures for a number of non-controversial revisions." The Department of Consumer Affairs (DCA) is housed within the State and Consumer Services Agency. The DCA is charged with issuing licenses in more than 100 business and 200 professional categories, including doctors, dentists, optometrists, psychologists, marriage and family therapists, licensed professional clinical counselors, licensed education psychologists, and many others DCA includes 40 regulatory entities (nine bureaus, one program, twenty-five boards, three committees, one commission, and one office). These entities are responsible for establishing the minimum qualifications and levels of competency for licensure. They also license, register, or certify practitioners, investigate complaints and discipline violators. Each licensure act specifies the importance of consumer protection in it regulating authority. Related Legislation . SB 1527 (Negrete McLeod) of 2012, revises requirements for individuals applying for licensure or registration as a marriage and family therapist (MFT), a licensed clinical social worker (LCSW), an associate clinical social worker (ACSW), or a licensed professional clinical counselor (LPCC). This bill is pending a hearing in the SB 1575 Page 8 Assembly Appropriations Committee. SB 1202 (Leno) of 2012, makes a number of clean up changes regarding the licensure and regulation of registered dental hygienists by the Dental Hygiene Committee of California; and increases various regulatory fee ceilings. This bill is pending a hearing in the Assembly Business, Professions and Consumer Protection Committee. AB 2579 (Skinner) of 2012, required applicants for licensure to retake the law and ethics examination under certain circumstances, as specified and required marriage and family therapist interns to take the law and ethics examination, subject to specified fees becoming operative as of January 1, 2014. This bill failed in the Assembly Business, Professions and Consumer Protection Committee. REGISTERED SUPPORT / OPPOSITION : Support Board of Behavioral Sciences (sponsor) The Medical Board of California Opposition None on File Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916) 319-3301