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 ----------------------------------------------------------------- |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 (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 SB 305 Page 2 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and further requires that the review of the BCE be performed as if the provisions of the BCE were scheduled to be repealed as of January 1, 2018. 3)Requires that the powers and duties of the Osteopathic Medical Board (OMB) be subject to review by the appropriate policy committees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. SB 305 Page 3 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 SB 305 Page 4 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 SB 305 Page 5 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 SB 305 Page 6 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 SB 305 Page 7 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 SB 305 Page 8 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 SB 305 Page 9 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 SB 305 Page 10 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