BILL ANALYSIS Ó
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1575|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 1575
Author: Senate Business, Professions and Economic
Development Committee
Amended: 8/6/12
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEVEL. COMM. : 7-0, 4/23/12
AYES: Price, Emmerson, Corbett, Correa, Hernandez,
Strickland, Wyland
NO VOTE RECORDED: Negrete McLeod, Vargas
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 37-0, 5/14/12 (Consent)
AYES: Alquist, Anderson, Berryhill, 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,
Simitian, Steinberg, Vargas, Walters, Wolk, Wright, Yee
NO VOTE RECORDED: Runner, Strickland, Wyland
ASSEMBLY FLOOR : 79-0, 8/16/12 (Consent) - See last page
for vote
SUBJECT : Professions and vocations
SOURCE : Author
DIGEST : This bill makes several non-controversial minor,
CONTINUED
SB 1575
Page
2
non-substantive or technical changes to various provisions
pertaining to the health-related regulatory Boards of the
Department of Consumer Affairs (DCA).
Assembly Amendments (1) add new provisions to the bill
pertaining to the Dental Board of California (DBC), the
Dental Hygiene Committee (DHC), and the California Board of
Occupational Therapy; (2) delete the provision which
allowed a board regulated under DCA to request a local or
state agency to provide certified records of all arrest,
conviction and probation records needed to complete an
applicant or licensee investigation; (3) delete provisions
pertaining to the California Massage Therapy Council; and
(4) add a new provision specifying that a person who is
licensed as a health care practitioner in any other state
and is employed by a tribal health program is exempt from
California licensing requirements with respect to acts
authorized under the person's license where the tribal
health program performs specified services.
ANALYSIS : Existing law provides for the licensing and
regulation of various professions and businesses by some 23
boards, four committees, eight bureaus, and one commission
within the DCA under various Business and Professions Code
licensing acts. Each licensing act specifies that
protection of the public shall be the highest priority of
the Boards or Bureaus in exercising its licensing,
regulatory and disciplinary functions.
This bill:
1. Specifies that a person who is licensed as a health care
practitioner in any other state and is employed by a
tribal health program is exempt from California
licensing requirements with respect to acts authorized
under the person's license where the tribal health
program performs specified services.
2. Revises eligibility requirements for a person applying
for a special permit with the 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
CONTINUED
SB 1575
Page
3
the DBC.
3. Requires a licensee to report to the DHC, upon his/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 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/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
CONTINUED
SB 1575
Page
4
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. 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.
10.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.
11.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.
12.Replaces the term "infant" with "neonate" in provisions
requiring midwives to report specified information to
the Office of Statewide Health Planning and Development.
13.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.
14.Authorizes the MBC or the California Board of Podiatric
CONTINUED
SB 1575
Page
5
Medicine to be notified by electronic mail if a
physician, surgeon or podiatrist does not renew his/her
license within 60 days of expiration.
15.Authorizes the State Board of Optometry to permit a
graduate of a foreign university who meets certain
requirements to take the examinations for certificate of
registration as an optometrist.
16.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.
17.Adds negligence in his/her practice as a respiratory
care 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.
18.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.
19.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.
20.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.
21.Provides that various disciplinary actions against a
licensee, does not prevent the Board of Pharmacy from
conducting any investigation or disciplinary proceeding
against the licensee or from rendering a decision
suspending or revoking the license.
22.Renames the Marriage and Family Therapist Act (MFT) as
CONTINUED
SB 1575
Page
6
the Licensed MFT.
23.Adds professional clinical counselors to the list of
groups licensed by the Board of Behavioral Sciences
(BBS).
24.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.
25.Specifies the type of supervision that is required for
credited experience for MFTs.
26.Adds Licensed Professional Clinical Counselors (LPCC) to
the list of supervisors an unlicensed MFT or trainee may
be supervised by.
27.Requires an applicant for a MFT license to complete an
18-hour course in California law and professional
ethics.
28.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."
29.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.
30.Adds compliance with fingerprint requirements for MFTs
and Licensed Educational Psychologists, established by
the BBS, to the list of requirements for an expired
licensee that was not renewed within three years of
expiration.
31.Specifies the content that must be included in the
instruction of California law and professional ethics
for professional clinical counselors.
CONTINUED
SB 1575
Page
7
32.Changes implementation dates for educational and
examination requirements from January 1, 2013, to
January 1, 2014, as specified for MFTs, LPCCs and LCSWs.
33. Removes a fee established for LPCC interns, as
specified.
34.Repeals obsolete provisions of law.
35.Makes other technical, minor and non-substantive
changes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/20/12)
Board of Behavior Sciences
Medical Board of California
Respiratory Care Board
ASSEMBLY FLOOR : 79-0, 8/16/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
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, Gorell,
Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza,
Miller, Mitchell, Monning, Morrell, Nestande, Nielsen,
Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Lara
JJA:k 8/20/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
CONTINUED
SB 1575
Page
8
**** END ****
CONTINUED