Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 213

Introduced by Assembly Member Logue

(Principal coauthor: Assembly Member Pan)

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(Coauthors: Assembly Members Conway, Beth Gaines, Harkey, Jones, Morrell, Nestande, and Wilk)

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January 31, 2013

An act to add Section 712 to the Business and Professions Code, and to add Section 131136 to the Health and Safety Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

AB 213, as amended, Logue. Healing arts: licensure and certification requirements: military experience.

Existing law provides for the licensure and regulation of various healing arts professions and vocations by boards within the Department of Consumer Affairs. Existing law requires the rules and regulations of these healing arts boards to provide for methods of evaluating education, training, and experience obtained in military service if such training is applicable to the requirements of the particular profession or vocation regulated by the board. Under existing law, specified other healing arts professions begin insert and vocations end insert are licensed or certified and regulated by the State Department of Public Health. In some instances, a board with the Department of Consumer Affairs or the State Department of Public Health approves schools offering educational course credit for meeting licensing or certification qualifications and requirements.

This bill would require begin delete a healing arts board within the Department of Consumer Affairs and end delete the State Department of Public Health, upon the presentation of evidence by an applicant for licensure or certification, to accept education, training, and practical experience completed by an applicant in military service toward the qualifications and requirements to receive a license or certificate begin insert for specified professions and vocations end insert if that education, training, or experience is equivalent to the standards of the begin delete board or end delete department. If a board begin insert within the Department of Consumer Affairs end insert or the State Department of Public Health accredits or otherwise approves schools offering educational course credit for meeting licensing and certification qualifications and requirements, the bill would, not later than July 1, 2014, require those schools seeking accreditation or approval to have procedures in place to evaluate an applicant’s military education, training, and practical experience toward the completion of an educational program that would qualify a person to apply for licensure or certification, as specified.

Under existing law, the Department of Veterans Affairs has specified powers and duties relating to various programs serving veterans. Under existing law, the Chancellor of the California State University and the Chancellor of the California Community Colleges have specified powers and duties relating to statewide health education programs.

With respect to complying with the bill’s requirements and obtaining specified funds to support compliance with these provisions, this bill would require the Department of Veterans Affairs, the Chancellor of the California State University, and the Chancellor of the California Community Colleges to provide technical assistance to the healing arts boards within the Department of Consumer Affairs, the State Department of Public Health, and to the schools offering, or seeking to offer, educational course credit for meeting licensing qualifications and requirements.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

This act shall be known and may be cited as the Veterans Health Care Workforce Act of begin delete 2012 end delete begin insert 2013 end insert .

SEC. 2.  

(a) The Legislature finds and declares all of the
following:

(1) Lack of health care providers continues to be a significant
barrier to access to health care services in medically underserved
urban and rural areas of California.

(2) Veterans of the United States Armed Forces and the
California National Guard gain invaluable education, training, and
practical experience through their military service.

(3) According to the federal Department of Defense, as of June
2011, one million veterans were unemployed nationally and the
jobless rate for post-9/11 veterans was 13.3 percent, with young
male veterans 18 to 24 years of age experiencing an unemployment
rate of 21.9 percent.

(4) According to the federal Department of Defense, during the
2011 federal fiscal year, 8,854 enlisted service members with
medical classifications separated from active duty.

(5) According to the federal Department of Defense, during the
2011 federal fiscal year, 16,777 service members who separated
from active duty listed California as their state of residence.

(6) It is critical, both to veterans seeking to transition to civilian
health care professions and to patients living in underserved urban
and rural areas of California, that the Legislature ensures that
veteran applicants for licensure by healing arts boards within the
Department of Consumer Affairs or the State Department of Public
Health are expedited through the qualifications and requirements
process.

(b) It is the intent of the Legislature to ensure that boards within
the Department of Consumer Affairs and the State Department of
Public Health and schools offering educational course credit for
meeting licensing qualifications and requirements fully and
expeditiously recognize and provide credit for an applicant’s
military education, training, and practical experience.

SEC. 3.  

Section 712 is added to the Business and Professions
Code, to read:

begin delete

712.  

(a) Notwithstanding any other provision of law, a board
under this division shall, upon the presentation of satisfactory
evidence by an applicant for licensure, accept the education,
training, and practical experience completed by the applicant as a
member of the United States Armed Forces or Military Reserves
of the United States, the national guard of any state, the military
reserves of any state, or the naval militia of any state, toward the
qualifications and requirements for licensure by that board if the
board determines that the education, training, or practical
experience is equivalent to the standards of the board.

(b)

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begin insert 712. end insert   

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begin insert (a) end insert  Not later than July 1, 2014, if a board under this
division accredits or otherwise approves schools offering
educational course credit for meeting licensing qualifications and
requirements, the board shall require a school seeking accreditation
or approval to submit to the board proof that the school has
procedures in place to evaluate, upon presentation of satisfactory
evidence by the applicant, the applicant’s military education,
training, and practical experience toward the completion of an
educational program that would qualify a person to apply for
licensure if the school determines that the education, training, or
practical experience is equivalent to the standards of the board. A
board that requires a school to be accredited by a national
organization shall not impose requirements on the school that
conflict with the standards of the national organization.

begin delete

(c)

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begin insert (b) end insert  With respect to complying with the requirements of this
section including the determination of equivalency between the
education, training, or practical experience of an applicant and the
board’s standards, and obtaining state, federal, or private funds to
support compliance with this section, the Department of Veterans
Affairs, the Chancellor of the California State University, and the
Chancellor of the California Community Colleges shall provide
technical assistance to the boards under this division and to the
schools under this section.

SEC. 4.  

Section 131136 is added to the Health and Safety Code,
to read:

131136.  

(a) Notwithstanding any other provision of law, the
department shall, upon the presentation of satisfactory evidence
by an applicant for licensure or certification in one of the
professions described in subdivision (b), accept the education,
training, and practical experience completed by the applicant as a
member of the United States Armed Forces or Military Reserves
of the United States, the national guard of any state, the military
reserves of any state, or the naval militia of any state, toward the
qualifications and requirements for licensure begin insert or certification end insert by
the department if the department determines that the education,
training, or practical experience is equivalent to the standards of
the department.

(b) The following professions are subject to this section:

(1) Medical laboratory technician as described in Section 1260.3
of the Business and Professions Code.

(2) Clinical laboratory scientist as described in Section begin delete 1262 end delete
begin insert 1261 end insert of the Business and Professions Code.

(3) Radiologic technologist as described in Chapter 6
(commencing with Section 114840) of Part 9 of Division 104.

(4) Nuclear medicine technologist as described in Chapter 4
(commencing with Section 107150) of Part 1 of Division 104.

(5) Certified nurse assistant as described in Article 9
(commencing with Section 1337) of Chapter 2 of Division 2.

(6) Certified home health aide as described in Section 1736.1.

(7) Certified hemodialysis technician as described in begin delete Article
3.5 (commencing with Section 1247) of Chapter 3 of Division 2 end delete
begin insert Section 1247.61 end insert of the Business and Professions Code.

(8) Nursing home administrator as described in begin delete Chapter 2.35
(commencing with Section 1416) of Division 2. end delete begin insert Section 1416.2. end insert

(c) Not later than July 1, 2014, if the department accredits or
otherwise approves schools offering educational course credit for
meeting licensing and certification qualifications and requirements,
the department shall require a school seeking accreditation or
approval to submit to the board proof that the school has procedures
in place to fully accept an applicant’s military education, training,
and practical experience toward the completion of an educational
program that would qualify a person to apply for licensure or
certification if the school determines that the education, training,
or practical experience is equivalent to the standards of the
department. If the department requires a school to be accredited
by a national organization, the requirement of the department shall
not, in any way, conflict with standards set by the national
organization.

(d) With respect to complying with the requirements of this
section including the determination of equivalency between the
education, training, or practical experience of an applicant and the
department’s standards, and obtaining state, federal, or private
funds to support compliance with this section, the Department of
Veterans Affairs, the Chancellor of the California State University,
and the Chancellor of the California Community Colleges shall
provide technical assistance to the department, to the State Public
Health Officer, and to the schools described in this section.