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