BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 305| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. CONTINUED SB 305 Page 2 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. CONTINUED SB 305 Page 3 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 CONTINUED SB 305 Page 4 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 CONTINUED SB 305 Page 5 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 CONTINUED SB 305 Page 6 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 CONTINUED SB 305 Page 7 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 **** END **** CONTINUED