BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1575
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          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 








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               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 








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            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 








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            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.








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          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 








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            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. 








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          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 








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          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