BILL ANALYSIS Ó
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THIRD READING
Bill No: SB 305
Author: Price (D), et al.
Amended: 4/25/13
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV.COMM. : 10-0, 4/29/13
AYES: Price, Emmerson, Block, Corbett, Galgiani, Hernandez,
Hill, Padilla, Wyland, Yee
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/13
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Healing arts: boards
SOURCE : Author
DIGEST : This bill extends, until January 1, 2018, the
provisions establishing the Naturopathic Medicine Committee and
the Respiratory Care Board of California (RCB), and extends the
term of the executive officers of RCB and the Board of Optometry
(CBO). Specifies that the Osteopathic Medical Board of
California (OMB) is subject to review by the appropriate policy
committees of the Legislature. Exempts individuals who have
performed pulmonary function tests in Los Angeles county
facilities for at least 15 years, from licensure as a
respiratory care therapist. Specifies that any board under the
Department of Consumer Affairs (DCA) is authorized to receive
certified records from a local or state agency to complete an
applicant or licensee investigation and authorizes them to
provide those records to the board.
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ANALYSIS :
Existing law:
1. Requires any board, bureau or program within DCA to require
an applicant for licensure to furnish to the board a full set
of fingerprints in order to conduct a criminal history record
check.
2. Provides for the licensure and regulation of osteopathic
physicians and surgeons by OMB.
3. Establishes the Naturopathic Medicine Committee (NMC),
within the OMB, under the DCA, and permits the NMC to license
and regulate naturopathic doctors until January 1, 2014.
Specifies that the repeal of the NMC subjects it to review by
the appropriate policy committees of the Legislature.
4. Provides for the licensure and regulation of optometrists
CBO and authorizes CBO to employ an executive officer until
January 1, 2014.
5. Provides for the licensure and regulation of respiratory
care practitioners by RCB and authorizes RCB to employ and
executive officer until January 1, 2014.
6. Specifies activities that are not prohibited by the
Respiratory Care Act.
This bill:
1. Revises the provisions of the Naturopathic Medicine Act by:
A. Extending, until January 1, 2018, the provisions
establishing NMC.
B. Specifying that the NMC is subject to be reviewed by
the appropriate policy committees of the Legislature.
1. Revises the provisions of the Optometry Act by:
A. Extending, until January 1, 2018, the term of the
executive officers of CBO.
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B. Specifying that CBO is subject to be reviewed by the
appropriate policy committees of the Legislature.
1. Revises the provisions of the Respiratory Care Act by:
A. Extending, until January 1, 2018, the provisions
establishing the RCB.
B. Extending, until January 1, 2018, the term of the
executive officers of the RCB.
C. Specifying that the RCB is subject to be reviewed by
the appropriate policy committees of the Legislature.
D. Exempting individuals who have performed pulmonary
function tests in Los Angeles County facilities for at
least 15 years, from licensure as a respiratory care
therapist.
1. Revises the provisions related to the OMB by:
A. Requiring that the powers and duties of the OMB would
be subject to review by the appropriate policy committees
of the Legislature and requiring that the review of the
OMB be performed as if these provisions were scheduled to
be repealed January 1, 2018.
1. Specifies that any board under the DCA is authorized to
receive certified records from a local or state agency of all
arrests and convictions, certified records regarding
probation, and any and all other related documentation needed
to complete an applicant or licensee investigation.
2. Specifies that a local or state agency is authorized to
provide those records to a board upon receipt of such a
request.
Background
This bill is one of six "sunset review bills" authored by the
Chair of the Senate Business, Professions and Economic
Development (BPED) Committee. Unless legislation is carried
this year to extend the sunset dates for the NMC, RCB, and the
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CBO, they will be repealed on January 1, 2014. Because it was
created via initiative act, OMB does not have a sunset date.
This bill specifies that as of January 1, 2018, the OMB will be
reviewed consistent with other healing arts boards under the DCA
that are subject to a four-year sunset review period. This bill
exempts certain employees from going through the laborious
process of becoming certified respiratory therapists when they
have been safely and reliably performing services for over 15
years at Los Angeles County safety net hospitals. This bill
allows all DCA boards to receive certified records from a local
or state agency of all arrests and convictions, certified
records regarding probation, and any and all other related
documentation needed to complete an applicant or licensee
investigation.
In 2013, the Senate BPED Committee conducted oversight hearings
to review 14 regulatory boards within the DCA. The Committee
began its review of these licensing agencies in March and
conducted three days of hearings. This bill, and the
accompanying sunset bills, is intended to implement legislative
changes as recommended in the Committee's Background/Issue
Papers for all of the agencies reviewed by the Committee this
year.
NOTE: For a detailed summary of the issues and recommendations
relating to the NMC, RCB, CBO, and MBO, refer to of the
Committee's analysis.
Related Legislation
SB 304 (Price) makes various changes to the Medical Practice Act
and to the Medical Board of California.
SB 306 (Price) extends, until January 1, 2018, the provisions
establishing the Board of Chiropractic Examiners, the Speech
Language Pathology and Audiology and Hearing Aid Dispensers
Board (SLPAHADB), the Physical Therapy Board (PTB) and the Board
of Occupational Therapy, and extends the terms of the executive
officers of the PTB and SLPAHADB. The bill also subjects the
boards to be reviewed by the appropriate policy committees of
the Legislature.
SB 307 (Price) extends, until January 1, 2018, the term of the
Veterinary Medicine Board (VMB), which provides for the
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licensure and registration of veterinarians and registered
veterinary technicians and the regulation of the practice of
veterinary medicine by the VMB.
SB 308 (Price) extends, until January 1, 2018, the term of the
Interior Design Law. Specifies that a certified interior
designer provides plans and documents that collaborate with
other design professionals. Requires a certified interior
designer to use a written contract when contracting to provide
interior design services to a client. Extends, until January 1,
2018, the Board of Guide Dogs for the Blind and extends an
arbitration procedure for the purpose of resolving disputes
between a guide dog user and a licensed guide dog school.
Extends, until January 1, 2018, the Board of Barbering and
Cosmetology and requires a school to be approved by the Board
before it is approved by the Bureau for Private Postsecondary
Education. The bill also authorizes the Board to revoke,
suspend, or deny its approval of a school on specified grounds.
SB 309 (Price) extends the term of the State Athletic
Commission, which is responsible for licensing and regulating
boxing, kickboxing, and martial arts matches and is required to
appoint an executive officer until January 1, 2018.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
NMC - annual costs of $165,000, offset by fee revenues
(Naturopathic Doctor's Fund).
CBO - annual costs of $1.8 million, offset by fees (State
Optometry Fund).
RCB - annual costs of $3.2 million, offset by fees
(Respiratory Care Fund).
SUPPORT : (Verified 5/24/13)
Association of Regulatory Boards of Optometry
California Naturopathic Doctors Association
California Optometric Association
California State Board of Optometry
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Medical Board of California
National Board of Examiners in Optometry
Naturopathic Medicine Committee
Osteopathic Physicians and Surgeons of California
SEIU
Western University of Health Sciences
ARGUMENTS IN SUPPORT : SEIU writes, "The affected pulmonary
technicians at the Los Angeles County + University of Southern
California Healthcare Network and Harbor-University of
California Los Angeles Medical Center average 25 years' worth of
experience in pulmonary function testing at the two largest
public hospitals in Southern California. These professionals
are an integral part of the care team. According to the Los
Angeles County Department of Health, this group began their
careers in pulmonary function testing prior to the California
Respiratory Care Board's requirement for licensure, and worked
for decades before DHS determined that the affected employees
ere technically practicing without appropriate licensure.
Despite their years of service and contributions to the delivery
of health care, they have been temporarily reassigned to
different roles pending resolution of the matter. SB 305 would
narrowly apply to this cohort and remedy this oversight by
providing that they can resume their work in pulmonary function
testing. Failure to do so would adversely impact the quality of
access of patients."
The California Naturopathic Doctors Association notes,
"Licensure and regulation of the California naturopathic doctor
profession by the Naturopathic Medicine Committee provides the
citizens of California safe access to well-trained primary care
providers that specialize in cost-saving, effective, natural
medicine focused healthcare."
The Osteopathic Physicians and Surgeons of California states,
"With more than 6500 osteopathic physicians currently licensed
by the State of California, and growing by approximately 10%
annually, it is appropriate for the OMBC to continue serving in
its role of consumer protection."
The Association of Regulatory Boards of Optometry writes, "The
health and safety of Californians will be well served by SB 305.
The vision care services provided by doctors of optometry both
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expand the range of options and increase access to vision care
services for all Californians. Optometrists have the education,
training and skills required for vision care within the
legislatively specified scope of practice. SB 305 will reduce
costs for Californians and increase both the quantity and
quality of their health care."
MW:k 5/24/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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