BILL ANALYSIS Ó
SB 305
Page 1
Date of Hearing: June 25, 2013
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Richard S. Gordon, Chair
SB 305 (Price) - As Amended: June 19, 2013
SENATE VOTE : 37-0
SUBJECT : Healing arts: boards.
SUMMARY : Extends until January 1, 2018 the sunset dates for
the provisions establishing the Naturopathic Medicine Committee
(NMC), the Speech-Language Pathology and Audiology and Hearing
Aid Dispensers Board (SLPHADB), The Board of Occupational
Therapy (BOT), the Physical Therapy Board of California (PTB),
the Board of Optometry (OB), and the Respiratory Care Board of
California (RCB) which are regulated by the Department of
Consumer Affairs (DCA); extends the term of the executive
officers of the PTB, SLPHADB, RCB, and the OB; specifies that
any board, committee or bureau regulated by DCA is authorized to
receive specified criminal records needed to complete an
application for licensure; exempts certain individuals
performing pulmonary tests in specified hospitals in Los Angeles
County from certain licensure requirements; and subjects
specified boards to review by the appropriate legislative policy
committees, as specified. Specifically, this bill :
1)Specifies that any board under DCA is authorized to receive
from a local or state agency certified records of all arrests
and convictions, certified records regarding probation, and
any and all other related documentation needed to complete an
applicant or licensee investigation and further specifies that
a local or state agency may provide those records upon
request.
2)Requires that the powers and duties of the Board of
Chiropractic Examiners (BCE) is subject to review by the
appropriate policy committees of the Legislature, and further
requires that the review of the BCE be performed as if the
provisions of the BCE were scheduled to be repealed as of
January 1, 2018.
3)Requires that the powers and duties of the Osteopathic Medical
Board (OMB) be subject to review by the appropriate policy
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committees of the Legislature, and further requires that the
review of the OMB be performed as if the provisions of the OMB
were scheduled to be repealed as of January 1, 2018.
4)Extends until January 1, 2018, the provisions establishing the
NMC.
5)Extends until January 1, 2018 the provisions establishing the
SLPAHADB and subjects the SLPAHADB to review by the
appropriate policy committees of the Legislature.
6)Extends until January 1, 2018 the authority of the SLPAHADB to
appoint an executive officer.
7)Specifies that the SLPAHADB may refuse to issue, suspend,
revoke, or impose terms and conditions upon the license of any
licensee for the violation of a term or condition of a
probationary order of a license issued by the SLPAHADB as
specified.
8)Extends until January 1, 2018, the provisions establishing the
BOT and subjects the BOT to review by the appropriate policy
committees of the Legislature.
9)Extends until January 1, 2018, the provisions establishing the
PTB.
10)Extends until January 1, 2018, the authority of the PTB to
appoint an executive officer.
11)Extends until January 1, 2018 the provisions establishing the
OB and subjects the OB to review by the appropriate policy
committees of the Legislature.
12)Extends until January 1, 2018, the authority of the OB to
appoint an executive officer.
13)Extends until January 1, 2018, the provisions establishing
the RCB and subjects the RCB to review by the appropriate
policy committees of the Legislature.
14)Allows the performance of pulmonary function testing by
persons who are currently employed by Los Angeles County
hospitals and have performed pulmonary function testing for at
least 15 years to operate as respiratory care therapists
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without licensure, as specified.
15)Makes finding and declarations pertaining to the special law
necessary to because of the unique circumstances relating to
persons who are currently employed by Los Angeles County
hospitals and have performed pulmonary function testing for at
least 15 years.
16)Makes other technical and clarifying provisions.
EXISTING LAW
1)Requires a board, bureau or program within DCA to require an
applicant for licensure to furnish a full set of fingerprints
in order to conduct a criminal history record check. (Business
and Professions Code (BPC) Section 144)
2)Authorizes the BCE, as established, to license chiropractors.
(BPC 1000 et seq.)
3)Provides for the licensure and regulation of osteopathic
physicians and surgeons by the OMB. (BPC 2450)
4)Establishes the NMC within the OMB of California and repeals
the provisions pertaining to the NMC on January 1, 2014.
(BPC2450.3)
5)Specifies that the repeal of the NMC is subject to review by
the appropriate policy committee of the Legislature.
(BPC2450.3)
6)Establishes the SLPAHADB within DCA and provides the SLPAHADB
with licensing, regulatory and disciplinary functions and
repeals those provisions January 1, 2014. (BCP 2531)
7)Authorizes the SLPAHADB to employ an executive officer as
specified, and repeals that authority on January 1, 2014. (BPC
2531.75)
8)Establishes the Occupational Therapy Practice Act and provides
the BOT with licensing, regulatory and disciplinary functions
as specified and repeals those provisions on January 1, 2014.
(BPC 2570 et seq.)
9)Establishes the Physical Therapy Practice Act and provides the
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PTB with licensing, regulatory and disciplinary functions as
specified and repeals those provisions on January 1, 2014.
(BPC 2600 et seq.)
10)Authorizes the PTB to employ an executive officer as
specified, and repeals that authority on January 1, 2014. (BPC
2607.5)
11)Establishes the Optometry Practice Act and provides the OB
with licensure and regulation of optometrists as specified,
and repeals those provisions on January 1, 2014. (BPC 3000 et
seq.)
12)Authorizes the OB to employ an executive officer as
specified, and repeals that authority on January 1, 2014. (BPC
2607.5)
13)Establishes the RCB and provides it with licensing,
regulating and disciplinary functions as specified and repeals
those provisions on January 1, 2014. (BPC 3710; 3710.1)
14)Authorizes the RCB to employ an executive officer as
specified, and repeals that authority on January 1, 2014. (BPC
2607.5)
15)Specifies that activities not covered by the Respiratory Care
Act are as follows:
a) The performance of respiratory care that is an integral
part of the program of study by students enrolled in
approved respiratory therapy training programs;
b) Self-care by the patient or the gratuitous care by a
friend or member of the family who does not represent or
hold himself or herself out to be a respiratory care
practitioner licensed under the provisions of this chapter;
c) The respiratory care practitioner performing advances in
the art and techniques of respiratory care learned through
formal or specialized training;
d) The performance of respiratory care in an emergency
situation by paramedical personnel who have been formally
trained in these modalities and are duly licensed under the
provisions of an act pertaining to their specialty;
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e) Respiratory care services in case of an emergency, which
includes an epidemic or public disaster;
f) Persons engaging in cardiopulmonary research;
g) Formally trained licensees and staff of child day care
facilities administering inhaled medication to a child as
specified; or,
h) The performance by a person employed by a home medical
device retail facility or by a home health agency licensed
by the State Department of Health Services of specific,
limited, and basic respiratory care or respiratory care
related services that have been authorized by the RCB.
(BPC3765)
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of this bill . This bill is one of four "sunset bills"
to extend the operational authority of a variety of boards,
bureaus and committees regulated by DCA. This bill extends
the sunset date until January 1, 2018 for the continuing
operation of the NMC, the RCB, the SLPAHADB, the PTB, the BOT,
and the OB which are all scheduled to be repealed on January
1, 2014. In addition, this bill extends the terms of the
executive officers of the RCB, the PTB, the SLPAHADB, and the
BOT. This bill also requires the BCE and the OMB to be
subject to a review by the appropriate policy committees of
the Legislature in 2018. Finally, this bill provides a
licensure exemption for certain individuals performing
specified pulmonary function testing and clarifies the
authority of the boards, bureaus, and committees regulated by
DCA to obtain certain records from a local or state agency.
This bill is author sponsored.
2)Author's statement . According to the author, "Unless
legislation is carried this year to extend the sunset dates
for the [NMC], the [RCB], the [BOT], the [PTB], the SLPAHADB
and the [OB], they will be repealed on January 1, 2014.
Because they were created via initiative act, the [OMB] and
the [BCE] do not have a sunset date. This bill will specify
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that as of January 1, 2018, these two boards will be reviewed
consistent with other healing arts boards under the DCA that
are subject to a 4 year sunset review period.
This bill will exempt 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. This bill 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. Also specifies that a local or state
agency is authorized to provide those records to the board
upon receipt of such a request."
3)Oversight Hearings and Sunset Review of Licensing Boards of
DCA . In March 2013, the Assembly Business, Professions and
Consumer Protection Committee and the Senate Business
Professions, and Economic Development (BPED) Committee
conducted a joint-oversight hearing to review 14 regulatory
boards within DCA. The Committees began its review of these
licensing agencies in March and conducted three days of
hearings. This bill, like the accompanying sunset bills, is
intended to implement legislative changes as recommended in
the background reports authored by the Senate BPED Committee
for all of the agencies reviewed by the Committees this year.
4)Sunset review process . The sunset review process provides a
formal opportunity and mechanism for the DCA, the Legislature,
the boards and bureaus, interested parties and stakeholders to
discuss the performance of the boards, bureaus and committees
and make recommendations for improvements. This is performed
on a standard four-year cycle and was mandated by SB 2036
(McCorquodale, Chapter 908, Statutes of 1994). The
legislation pertaining to this bill is based on specific
issues raised and addressed in the reports released by the
BPED committee.
5)Board of Chiropractic Examiners . The BCE is responsible for
regulating the practice of licensed chiropractors in
California. The BCE was created through an initiative measure
approved on November 7, 1922. Through its enforcement program,
the BCE disciplines licensees who violate the laws and
regulations governing the practice of chiropractic. In FY
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2010/11, the BCE had a license base of 13,810 active and 1272
inactive licenses. The BCE also oversees 19 chiropractic
schools and colleges located throughout the United States and
Canada.
Although there were several issues raised during the sunset
review hearing regarding the BCE including, reciprocity for
out-of-state licensees, complying with the Administrative
Procedures Act (APA) and ensuring that BCE is tracking and
maintaining accurate consumer satisfaction survey data, the
only issue that could not be addressed administratively is the
requirement that the BCE be reviewed by the appropriate policy
committees of the Legislature in four years. This bill
requires the BCE to be reviewed by the appropriate committee
of the Legislature to ensure that BCE continues its mission to
regulate licensed chiropractors and address any administrative
issues that were raised during the sunset hearing that merit
further review.
6)Osteopathic Medical Board . The OMB was established in 1922
when the Osteopathic Initiative Act (Act) was passed by
electorate. In 1962, another initiative was passed providing
the Legislature the authority to amend the Act. To date, the
only restriction on the Legislature's power is that it may not
fully repeal the Act unless the number of licensed osteopathic
physicians (DOs) falls below 40. In 2002, the OMB volunteered
to be included under the umbrella of the DCA. As one of the
regulatory entities within the DCA, the OMB is charged with
the licensing and regulation of DOs. The Board's statutes and
regulations set forth the requirements for licensure and
provide the OMB the authority to discipline a licensee.
During the sunset review hearing, there were several issues
raised by the Committees to be addressed by the OMB, including
the OMB's operating without a Code of Ethics, licensure
portability procedures for service members, posting meeting
materials to the OMB's Web site, and other programmatic
issues. The only issue that could not be addressed
administratively is the requirement that the OMB be reviewed
by the appropriate policy committee of the Legislature in four
years. This bill requires the OMB to be reviewed by the
appropriate committees of the Legislature to ensure the OMB
continues its mission to regulate licensed DOs and address any
administrative issues that were raised during the sunset
hearing that merit further review.
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7)Naturopathic Medicine Committee . The Bureau of Naturopathic
Medicine was established by the Legislature under DCA, and
began licensing NDs in January 2005. The Bureau became the
NMC under the OMB in October 2009. The NMC is designed as a
resource for California consumers who choose NDs for their
healthcare. Currently, there are approximately 437 active NDs
licensed in California.
During the sunset review hearing, there were several issues
raised by the Committee to be addressed by the NMC including,
the NMC's staffing issues, licensure portability procedures
for service members, and posting meeting materials to the
NMC's Web site. The only issue that could not be addressed
administratively is the requirement that the NMC be reviewed
by the appropriate policy committees of the Legislature again
in four years, and extends the sunset date until January 1,
2018. This bill requires the NMC to be reviewed by the
appropriate committees of the Legislature to ensure the NMC
continues its mission to regulate NDs and address any
administrative issues that were raised during the sunset
hearing that merit further review.
8)The Speech-Language Pathology and Audiology and Hearing Aid
Dispensers Board . The SLPAHADB regulates the professions of
speech-language pathology, audiology, and hearing aid
dispensing. Each profession is separate and distinct, and has
its own scope of practice and licensing requirements. AB 1535
(Jones) (Chapter 309, Statues of 2009), merged the Hearing Aid
Dispensers Bureau and the Speech-Language Pathology and
Audiology Board into the current board.
The current law which authorizes the SLPAHADB to license and
regulate speech-language pathologists, audiologist,
dispensing audiologists, hearing aid dispenser,
speech-language pathology assistants, and speech-language
pathology/audiology aides is set to expire on January 1,
2014. In order to maintain regulation of the professions
currently operating under the jurisdiction of the SLPAHADB,
this bill extends the provisions of law until January 1,
2018, and subjects it to review by the appropriate policy
committees of the Legislature. In addition, this bill
extends the SLPHADB's authority to appoint an executive
officer until January 1, 2018.
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9)California Board of Occupational Therapy . The BOT was
established by SB 1046 (Murray), (Chapter 697, Statutes of
2000). The BOT became operational in 2001 and remains
responsible for the licensure and regulation of occupational
therapists and occupational therapy assistants in California.
The occupational therapy profession in California was
regulated by a title act dating back to 1977 that prohibited
individuals from using the professional titles "occupational
therapist" and "occupational therapy assistant" without
appropriate professional training.
During the sunset review hearing, there were several issues
raised to be addressed by the BOT, including publishing
citations, licensure portability procedures for service
members, and poor consumer satisfaction. The only issue that
could not be addressed administratively is the requirement
that the BOT be reviewed by the appropriate policy committees
of the Legislature. In order to maintain regulation of the
professions currently operating under the jurisdiction of the
BOT, this bill extends the sunset date for the BOT until
January 1, 2018, and subjects it to a review of the
appropriate policy committees of the Legislature.
10)Physical Therapy Board of California . The Physical Therapy
Practice Act was established in 1953. A "practice act"
safeguards the public by regulating a defined scope of
practice vs. a "title act" which merely restricts action to
revoking a title with no restriction of practice. A PT may
evaluate, plan treatment, instruct and consult, but may not
diagnose. There are currently 26,000 licensed PTs in
California.
During the sunset review hearing, there were several issues
raised by the Committee to be addressed by the PTBC. In
order to effectively address the specific issues of the PTB
raised during the sunset review process, SB 198 (Price) of
2013 was introduced to reorganize, revise, recast and update
the Physical Therapy Practice Act. SB 198 will be heard by
the Assembly, Business Professions and Consumer Protection.
This bill specifically addresses the sunset of the PTB only.
In order to maintain the current regulation of the Act, this
bill extends the provisions of law pertaining to the
operation of the PTB until January 1, 2018, and subjects it
to a new review of the appropriate policy committees of the
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Legislature. In addition, this bill extends the provision
allowing the PTBC to appoint an executive officer until
January 1, 2018.
11)California State Board of Optometry . The OB is responsible
for the regulatory oversight of approximately 9,000
optometrists, the largest population of optometrists in the
United States. On March 20, 1903, California became the
third state to pass a law recognizing the profession of
optometry, and regulating its practice. In 1913, a new
Optometry Practice Act was enacted creating the Board,
defining its duties and powers, and prescribing a penalty for
a violation of the Act.
During the sunset review hearing, there were several issues
raised by the Committees to be addressed by the OB, including
license portability issues for service members. In order to
maintain regulation of the OB, this bill extends the
provisions of law pertaining to the operation of the OB until
January 1, 2018, and subjects it to a new review of the
appropriate policy committees of the Legislature. In
addition, this bill extends the provision allowing the OB to
appoint an executive officer until January 1, 2018.
12)Respiratory Care Board . The RCB was originally established
as the Respiratory Care Examining Committee, which was
created by the Legislature in 1982 to protect individuals
from the unqualified practice of respiratory care. The RCB
regulates a single category of health care workers -
respiratory care practitioners (RCPs). RCPs are specialized
health care workers who practice under the supervision of
medical directors and are involved in the prevention,
diagnosis, treatment, management, and rehabilitation of
problems affecting the heart and lungs and other disorders,
as well as providing diagnostic, educational, and
rehabilitation services. RCPs provide treatment for patients
who have breathing difficulties and care for those who are
dependent upon life support and cannot breathe on their own.
RCPs treat patients with acute and chronic diseases,
including Chronic Obstructive Pulmonary Disease, trauma
victims, and surgery patients.
During the sunset review process, there were several important
issues raised to address concerns pertaining to the RCB and
its licensees, including the ability to obtain local agency
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records regarding criminal history reports, pulmonary function
technologists and the extension of the laws pertaining to the
RCB. This bill attempts to address those issues by allowing
specified access to background information as consistent with
other entities regulated by DCA, and further allows a certain
group of pulmonary function technologists in Los Angeles
County to be except from the licensure requirements of RCPs.
13)Exemption from licensure requirements for Pulmonary Function
Technologists . When the RCB was instituted, several
unlicensed individuals, including those who solely performed
pulmonary function tests were grandfathered and issued a
license as a RCP. However, the requirement to be
grandfathered was not communicated to certain individuals
performing pulmonary function testing who were employed at
certain Los Angeles County safety-net hospitals. As a result,
these employees continued to practice for several years
without knowledge that their practice was illegal. In the
late 1990's the RCB was made aware of the issue and it was
reviewed during the 2002 sunset review of the RCB. At that
time, the Joint Legislative and Sunset Review Committee asked
the RCB to examine the issue of unlicensed professionals who
were performing pulmonary function tests. The RCB attempted
to seek legislation to exempt certain pulmonary function
testing from being regulated. However, the RCB was unable to
obtain the appropriate approval to pursue legislation.
In an effort to find a solution that has been overlooked for a
number of years, this bill would exempt these skilled
professionals who have performed pulmonary function testing
for over 15 years, and should have previously been a part of
the grandfathering provisions, from the current licensure
requirements of the RCB. In addition, the RCB agreed to
continue examining the issue of regulating all unlicensed
professionals in its 2013 strategic plan. This bill exempts
those very specific individuals from licensure requirements in
order to continue providing respiratory care services and
pulmonary function testing by specified individuals who are
currently employed at Los Angeles County Hospitals.
The current law which authorizes the RCB to license and
regulate RCPs is set to repeal on January 1, 2014. In order
to maintain regulation of the professions currently operating
under the jurisdiction of the RCB, this bill extends these
provisions of law until January 1, 2018, RCB and subjects it
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to a new review of the appropriate policy committees of the
Legislature. In addition, this bill extends the RCB's
authority to appoint an executive officer until January 1,
2018.
14)Obtaining Local Agency Records . It is customary for most
boards and bureaus to obtain complete arrest, conviction and
other related documentation as part of an applicant's or
licensee's disciplinary investigation. As such, boards rely
on various authorities and local law enforcement agencies to
provide documentation. There have been instances where some
entities have been refused access to records due to clear lack
of authority to obtain records without approval by the
individual in question. This situation can cause delays in
investigations and can even potentially prevent the
appropriate disciplinary action. This bill provides
additional clarity for such boards within DCA to obtain the
appropriate records needed for licensure or disciplinary
investigation.
15)Related legislation . SB 198 (Price) of 2013 reorganizes,
revises, recasts and updates the Physical Therapy Practice
Act. This bill is pending in the Assembly Business,
Professions and Consumer Protection Committee.
SB 304 (Price) of 2013 makes various changes to the Medical
Practice Act and to the Medical Board of California. This
bill is pending in the Assembly Business, Professions and
Consumer Protection Committee.
SB 306 (Price) of 2013 would have extended until January 1,
2018, the provisions establishing the State Board of
Chiropractic Examiners, Speech Language Pathology and
Audiology and Hearing Aid Dispensers Board the Physical
Therapy Board of California and the California Board of
Occupational Therapy and extends the terms of the executive
officers of the Physical Therapy Board of California and the
Speech Language Pathology and Audiology and Hearing Aid
Dispensers Board. This bill was amended to address an
unrelated topic and its provisions were added to this bill.
SB 307 (Price) of 2013 extends, until January 1, 2018, the
term of the Veterinary Medicine Board, which provides for the
licensure and registration of veterinarians and registered
veterinary technicians and the regulation of the practice of
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veterinary medicine by the Veterinary Medical Board. This
bill was held on the Senate Floor.
SB 308 (Price) 2013 extends, until January 1, 2018, the term
of the Interior Design Law and specifies that a certified
interior use a written contract when contracting to provide
interior design services to a client. It also extends, until
January 1, 2018, the State 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. This bill extends until January 1, 2018,
the State 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. Finally,
this bill would also authorize the board to revoke, suspend,
or deny its approval of a school on specified grounds. This
bill is pending in the Assembly Business, Professions and
Consumer Protection Committee.
SB 309 (Price) of 2013 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. This
bill is pending in the Assembly Arts, Entertainment, Sports,
Tourism and Internet Media Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California Naturopathic Doctors Association
California Optometric Association
California State Board of Optometry
National Board of Examiners in Optometry
Naturopathic Medicine Committee
Osteopathic Physicians and Surgeons of California
Physical Therapy Board of California
SEIU California
Opposition
None on file.
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301
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