BILL ANALYSIS                                                                                                                                                                                                    Ó



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          SENATE THIRD READING
          SB 305 (Lieu)
          As Amended  September 3, 2013
          Majority vote 

           SENATE VOTE  :37-0  
           
           BUSINESS & PROFESSIONS          13-0                 
          APPROPRIATIONS      16-0        
           
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          |Ayes:|Gordon, Jones, Bocanegra, |Ayes:|Gatto, Harkey, Bigelow,   |
          |     |Campos, Dickinson,        |     |Bocanegra, Bradford, Ian  |
          |     |Bonilla, Hagman, Holden,  |     |Calderon, Campos, Eggman, |
          |     |Maienschein, Mullin,      |     |Gomez, Hall, Holden,      |
          |     |Skinner, Ting, Wilk       |     |Linder, Pan, Quirk,       |
          |     |                          |     |Wagner, Weber             |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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 (SLPAHADB), 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, SLPAHADB, 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. 








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          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  
            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)Clarifies that certain regulations shall continue in existence  
            under the administration of the SLPAHADB until repealed by  
            regulation. 

          8)Deletes an obsolete reference to license or registration  
            renewal between January 1, 2001, and January 1, 2002.

          9)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, or a conditional license  
            issued by the SLPAHADB as specified.

          10)Extends until January 1, 2018, the provisions establishing  
            the BOT and subjects the BOT to review by the appropriate  
            policy committees of the Legislature. 

          11)Extends until January 1, 2018, the provisions establishing  
            the PTB.









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          12)Extends until January 1, 2018, the authority of the PTB to  
            appoint an executive officer.

          13)Extends until January 1, 2018, the provisions establishing  
            the OB and subjects the OB to review by the appropriate policy  
            committees of the Legislature.

          14)Extends until January 1, 2018, the authority of the OB to  
            appoint an executive officer.

          15)Extends until January 1, 2018, the provisions establishing  
            the RCB and subjects the RCB to review by the appropriate  
            policy committees of the Legislature. 

          16)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  
            without licensure, as specified.

          17)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. 

          18)Makes other technical and clarifying provisions. 

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, annual fee-supported special fund costs associated  
          with continued operation of the following regulatory entities,  
          as follows:

          1)Naturopathic Medicine Committee - $165,000.

          2)Speech-Language Pathology and Audiology and Hearing Aid  
            Dispensers Board - $1.9 million.

          3)Board of Occupational Therapy - $1.4 million.

          4)Board of Optometry - $1.8 million.

          5)Respiratory Care Board -$3.3 million.









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           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  
            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  








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            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)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  
            Fiscal Year 2010-11, the BCE had a license base of 13,810  
            active and 1,272 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. 

           5)Osteopathic Medical Board (OMB)  .  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  








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            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.

           6)Naturopathic Medicine Committee  .  The Bureau of Naturopathic  
            Medicine was established by the Legislature under DCA, and  
            began licensing Naturopathic Doctors (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 Committees 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.

           7)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  








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            (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 and 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 SLPAHADB's authority to appoint an executive  
            officer until January 1, 2018.  

           8)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 by the  
            appropriate policy committees of the Legislature.  

           9)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  








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            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 Committees to be addressed by the PTB.  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.  

            This bill specifically addresses the sunset of the PTB only.   
            In order to maintain the current regulation of the Physical  
            Therapy Practice 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 by the appropriate policy  
            committees of the Legislature.  In addition, this bill  
            extends the provision allowing the PTB to appoint an  
            executive officer until January 1, 2018.

           10)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 Optometry Practice 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 by 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.

           11)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  








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            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  
            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 exempt from the licensure requirements of RCPs.  

            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  
            to a new review by 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.  


           Analysis Prepared by  :    Elissa Silva / B.,P. & C.P. / (916)  
          319-3301 


                                                                FN: 0002243










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