BILL ANALYSIS �
AB 213
Page 1
Date of Hearing: April 16, 2013
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Al Muratsuchi, Chair
AB 213 (Logue) - As Amended: April 1, 2013
SUBJECT : Healing arts: licensure and certification
requirements: military experience.
SUMMARY : Establishes the Veterans Health Care Workforce Act of
2013, which requires schools accredited by healing arts boards
within the Department of Consumer Affairs (DCA) and the State
Department of Public Health (DPH) to accept satisfactory
evidence of an applicant's education, training, and practical
experience completed during military service towards licensure
or certification, as specified. Specifically, this bill :
1)Requires, by July 1, 2014, all healing arts boards under DCA
which accredit or otherwise approve schools offering
educational course credit for meeting licensing requirements
to mandate that those schools seeking accreditation or
approval submit proof to the board that those schools have
procedures in place to evaluate, upon satisfactory evidence by
the applicant, whether an applicant's military education,
training, and practical experience are equivalent to the
board's standards and may be applicable toward licensure.
2)Prohibits all healing arts boards that require schools to be
accredited by a national organization from imposing
requirements on those schools that conflict with the standards
of the national organization.
3)Requires the Department of Veterans Affairs, the Chancellor of
the California State University, and the Chancellor of the
California Community Colleges to assist DPH, the State Public
Health Officer, healing arts boards, and schools with
compliance, including the determination of equivalency and
obtaining state, federal, or private funds to support the
implementation of this bill.
4)Requires the following professions regulated by DPH to accept
satisfactory evidence of an applicant's education, training,
and practical experience completed as a member of the military
toward the qualifications and requirements for licensure or
certification by DPH if DPH determines that the education,
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training, or practical experience is equivalent to its
standards:
a) Medical laboratory technicians;
b) Clinical laboratory scientists;
c) Radiologic technologists;
d) Nuclear medicine technologists;
e) Certified nurse assistants;
f) Certified home health aides;
g) Certified hemodialysis technicians; and
h) Nursing home administrators.
5)Requires, by July 1, 2014, if DPH accredits or otherwise
approves schools offering educational course credit for
meeting licensing and certification qualifications and
requirements, to require a school seeking accreditation or
approval to submit to DPH 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
DPH's standards.
6)Prohibits DPH, if it requires a school to be accredited by a
national organization, from imposing requirements that would
conflict with the standards set by the national organization.
7)Makes Legislative findings and declarations.
EXISTING LAW
1)Defines "board" as used in the Business and Professions Code
(BPC) to refer to "the board in which the administration of
the provision is vested, and unless otherwise expressly
provided, shall include 'bureau,' 'commission,' 'committee,'
'department,' 'division,' 'examining committee,' 'program,'
and 'agency.'" (BPC Section 22)
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2)Places the following healing arts boards under the DCA:
a) State Board of Chiropractic Examiners;
b) Dental Board of California;
c) Medical Board of California;
d) Speech-Language Pathology and Audiology and Hearing
Aid Dispersers Board;
e) State Board of Optometry;
f) California Board of Occupational Therapy;
g) Physical Therapy Board of California;
h) Board of Registered Nursing;
i) Board of Vocational Nursing and Psychiatric
Technicians;
j) Board of Psychology;
aa) Physician Assistant Board;
bb) Osteopathic Medical Board;
cc) Naturopathic Medicine Committee;
dd) Respiratory Care Board of California;
ee) California State Board of Pharmacy;
ff) California Massage Therapy Council;
gg) Veterinary Medical Board;
hh) Acupuncture Board; and,
ii) Board of Behavioral Sciences. (BPC 500, et seq.)
3)Requires all boards regulated under the BPC to provide for
methods of evaluating education, training, and experience
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obtained in the armed services, if applicable to the
requirements of the business, occupation, or profession
regulated. (BPC 35)
4)Requires the rules and regulations of DCA 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. (BPC 710)
5)Requires, by July 1, 2015, the Chancellor of the California
Community Colleges, using common course descriptors and
pertinent standards of the American Council on Education, to
determine for which courses credit should be awarded for prior
military experience. (Education Code Section 66025.7)
6)Authorizes DPH to license or certify the following health care
professions:
a) Medical laboratory technician; (BPC 1260.3)
b) Clinical laboratory scientist; (BPC 1261)
c) Radiologic technologist; (Health and Safety Code
(HSC) Section 114840, et seq.)
d) Nuclear medicine technologist; (HSC 107150 et seq.)
e) Certified nurse assistant; (HSC 1337)
f) Certified home health aide; (HSC 1736.1)
g) Certified hemodialysis technician; (BPC 1247.3) and
h) Nursing home administrator. (HSC 1416.2.)
FISCAL EFFECT : Unknown at this time.
COMMENTS : According to the author:
In order to honor the service of our nation's returning heroes
and address California's healthcare workforce needs, this bill
would ensure that veterans with healthcare education,
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training, and practical experience are expedited into civilian
employment as healthcare professionals.
This bill would break down barriers facing returning veterans,
by requiring state entities that license healthcare
professionals to establish policies that recognize the
education, training, and practical experience of a veteran
applicant. It would also require these entities to work with
the college programs they accredit to ensure that the colleges
have procedures in place so that veteran applicants are not
forced to retake classes they have already completed at a
military institute, and so that veterans are able to quickly
complete the additional coursework necessary for licensure.
According to the Committee on Business and Professions:
Both DCA and DPH were required to submit a report to the
Legislature in October 2012 detailing how professional
licensure programs under their respective jurisdictions
address military experience. The results, ? suggest that while
DCA boards generally have sufficient authority to accept
military service towards licensure, DPH may not.
The Legislative Analyst's Office "Supplemental Report of the
2012-13 Budget" (Item 4265-001-0001) also requested that DPH
submit a report to the Legislature on DPH's efforts to accept
military training and experience towards licensure or
certification. That report, "Consideration of Military
Experience for Professional Licensure" was provided to the
Legislature on October 1, 2012. Although there is no explicit
statute currently requiring DPH-regulated professions to
accommodate military training and experience, some do
voluntarily.
In the report, DPH indicated that it has some policies in
place to evaluate education, training, and experience obtained
in military service for Medical Laboratory Technicians,
Clinical Laboratory Scientists, Radiologic Technologists,
Nuclear Medicine Technologists, Certified Nurse Assistants,
and Nursing Home Administrators.
DPH does not currently have the statutory authority to issue a
certification as a Certified Hemodialysis Technician or a
Certified Home Health Aide based on military experience or
education, though military training programs may apply to CDPH
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for approval.
This statute will address the need for additional statutory
authority at DPH to consider military training and experience
for the professions enumerated above. It will also make it
mandatory that DPH consider such training and experience in all
of its programs.
In addition, there is currently no program in place to require
that DCA or DPH healing arts boards' accredited schools accept
military education, training, or practical experience. It is
unknown how many such schools already do accept such education,
training, and experience. In theory, initiating this
requirement will expand the number of schools at least
considering military experience and training which is in
alignment with the policy expressed in BPC 35. Schools retain
the ability to decide what military training and experience will
count toward their programs, but they must at least have a
process in place.
Related Legislation . AB 555 (Salas) would require a board to
consider any relevant training an applicant received while
serving in the armed forces of the United States for purposes of
satisfying the requirements for a license, if applicable to the
requirements for the particular business, occupation, or
profession regulated by the board. That bill would also
authorize a board to consult with the Department of Veterans
Affairs and the Military Department when evaluating whether
training acquired during service in the armed forces of the
United States is applicable to a particular license.
AB 704 (Blumenfield) would require the Emergency Medical
Services Authority to develop and adopt regulations to, upon
presentation of satisfactory evidence, accept the education,
training, and practical experience completed by an applicant
with military experience toward the qualifications and
requirements for EMT-I certification, EMT-II certification, or
EMT-P licensure, as specified.
AB 705 (Blumenfield) would require the Board of Registered
Nursing to adopt regulations that identify the Armed Forces
coursework, training, and experience that is equivalent or
transferable to coursework required for licensure by the board.
This bill would require the board, after evaluating a military
applicant's education and training, to provide the applicant
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with a list of the coursework he or she must still complete to
be eligible for licensure.
AB 851 (Logue) is similar to this bill, but would relate only to
the Dental Board of California.
AB 1057 (Medina) would require each BPC board to inquire in
every application for licensure if the applicant is serving in,
or has previously served in, the military. That bill is in the
Assembly Business, Professions and Consumer Protection
Committee.
Previous Legislation . AB 1976 (Logue) of 2012 was substantially
similar to this bill. That bill was held in the Assembly
Appropriations Committee.
AB 1932 (Cook) of 2012 would have required DCA healing arts
boards to issue a written report to the California Department of
Veterans Affairs by January 1, 2014 detailing the methods for
evaluating the education, training, and experience obtained by
applicants in military service and whether that education,
training, and experience is applicable to the boards'
requirements for licensure. This bill was held in the Senate
Rules Committee.
SB 289 (Ed Hernandez), Chapter 352, Statutes of 2012, clarified
that DPH has the authority to approve certain clinical
laboratory scientist training programs owned and operated by the
United States military that are at least 52 weeks long.
REGISTERED SUPPORT / OPPOSITION :
Support
American Legion-Department of California
AMVETS - Department of California
Association of California Healthcare Districts
California Association of County Veterans Service Officers
California Association for Health Services at Home
California State Commanders Veterans Council
Office of the Deputy Assistant Secretary of Defense, Military
Community and Family Policy
VFW Department of California
Vietnam Veterans of America - California State Council
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Opposition
California Society of Radiologic Technologists
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550