BILL ANALYSIS Ó
SB 305
Page 1
SENATE THIRD READING
SB 305 (Lieu)
As Amended September 6, 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 |
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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 (BOO), 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 BOO; provides that
certain acts of sexual abuse or misconduct may result in denial
or revocation of licensure, or may be deemed unprofessional
conduct by the BOO; 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
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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provisions of the BCE were scheduled to be repealed as of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
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 BOO and subjects the BOO to review by the appropriate
policy committees of the Legislature.
14)Extends until January 1, 2018, the authority of the BOO to
appoint an executive officer.
15)Provides that in order to obtain a license to practice
optometry in California, an applicant may not currently be
required to register as a sex offender.
16)Authorizes the BOO to revoke a license upon a decision made
in a proceeding, as specified, that contains a finding or fact
of either of the following:
a) The licensee has engaged in an act of sexual abuse,
misconduct, or relations with a patient; or,
b) The licensee has been convicted of a sexually related
crime that constitutes professional misconduct.
17)Specifies that the commission by a licensee of any act of
sexual abuse, misconduct, or relations with a patient is
unprofessional conduct.
18)Specifies that the commission of, and conviction for, any act
of sexual abuse, sexual misconduct or attempted sexual
misconduct, whether or not with a patient, shall be considered
a crime substantially related to the qualifications,
functions, or duties of a licensee, but excludes sexual
contact between a licensee and his or her spouse or person in
an equivalent domestic relationship when the licensee provides
optometry treatment to that person.
19)Specifies that the conviction of a crime that currently
requires the person to register as a sex offender is
considered unprofessional conduct, as specified, and a crime
substantially related to the qualifications, functions, or
duties of a licensee.
20)Extends until January 1, 2018, the provisions establishing
the RCB and subjects the RCB to review by the appropriate
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policy committees of the Legislature.
21)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.
22)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.
23)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.
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 BOO 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. It also authorizes the BOO to deny
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or revoke a license for specified acts of sexual abuse or
misconduct. 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 [BOO], 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
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
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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
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
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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
(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
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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
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
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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)Board of Optometry . The BOO 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 BOO,
including license portability issues for service members. In
order to maintain regulation of the BOO, this bill extends
the provisions of law pertaining to the operation of the BOO
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 BOO 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
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
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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: 0002482