BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 305
Author: Lieu (D), et al.
Amended: 9/6/13
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV.COMM. : 10-0, 4/29/13
AYES: Price, Emmerson, Block, Corbett, Galgiani, Hernandez,
Hill, Padilla, Wyland, Yee
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/13
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SENATE FLOOR : 37-0, 5/28/13
AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett,
Correa, De León, DeSaulnier, Emmerson, Evans, Fuller, Gaines,
Galgiani, Hancock, Hill, Hueso, Huff, Jackson, Knight, Lara,
Leno, Lieu, Liu, Monning, Nielsen, Padilla, Pavley, Price,
Roth, Steinberg, Torres, Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Calderon, Hernandez, Vacancy
ASSEMBLY FLOOR : 75-0, 9/9/13 - See last page for vote
SUBJECT : Healing arts: boards
SOURCE : Author
DIGEST : This bill extends the sunset, until January 1, 2018,
of several licensing boards within the Department of Consumer
Affairs (DCA) and makes certain statutory changes to those
boards' responsibilities.
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Assembly Amendments delete provisions relating to the Physical
Therapy Board and the Acupuncture Board; delete an obsolete
provision of law relating to license or registration renewals by
the Speech-Language Pathology and Audiology and Hearing Aid
Dispensers Board (SLPAHADB); add provisions relating to
optometry licensure requirements; and make technical and
clarifying changes.
ANALYSIS :
Existing law:
1. Requires any board, bureau or program within DCA to require
an applicant for licensure to furnish to the board a full set
of fingerprints in order to conduct a criminal history record
check.
2. Provides for the licensure and regulation of chiropractors by
Board of Chiropractic Examiners (BCE).
3. Provides for the licensure and regulation of osteopathic
physicians and surgeons by Osteopathic Medical Board of
California (OMB).
4. Provides for the licensure and regulation of speech-language
pathologists, audiologists, and hearing aid dispensers by the
SLPAHADB, and authorizes the appointment of an executive
officer to the SLPAHADB, until January 1, 2014, and subjects
the SLPAHAB to review by the Joint Committee on Boards,
Commissions, and Consumer Protection. Authorizes the
SLPAHADB to refuse a license on specified grounds, including,
among others, securing a license by fraud or deceit.
5. Provides for the licensure and regulation of occupational
therapists by the Board of Occupational Therapy (BOT), until
January 1, 2014, and subjects the BOT to review by the Joint
Committee on Boards, Commissions, and Consumer Protection.
6. Establishes the Naturopathic Medicine Committee (NMC), within
the OMB, and permits the NMC to license and regulate
naturopathic doctors, until January 1, 2014, and subjects the
NMC to review by the appropriate policy committees of the
Legislature.
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7. Provides for the licensure and regulation of optometrists by
the Board of Optometry (CBO) and authorizes CBO to employ an
executive officer until January 1, 2014, and subjects the CBO
to review by the Joint Committee on Boards, Commissions, and
Consumer Protection.
8. Provides for the licensure and regulation of respiratory care
practitioners by Respiratory Care Board (RCB) and authorizes
RCB to employ an executive officer, until January 1, 2014,
and specifies activities that are not prohibited by the
Respiratory Care Act.
This bill:
1. Specifies that any board under the DCA is authorized to
receive certified records from a local or state agency of all
arrests and convictions, certified records regarding
probation, and any and all other related documentation needed
to complete an applicant or licensee investigation; and
specifies that a local or state agency is authorized to
provide those records to a board upon receipt of such a
request.
2. Revises the provisions of the Naturopathic Doctors Act by:
A. Extending, until January 1, 2018, the provisions
establishing the NMC.
B. Specifying that the NMC is subject to review by the
appropriate policy committees of the Legislature.
3. Revises the provisions of the Chiropractic Act by:
A. Extending, until January 1, 2018, the provisions
establishing the BCE.
B. Specifying that the BCE is subject to review by the
appropriate policy committees of the Legislature.
C. Making nonsubstantive changes to conform with GRP 2.
4. Revises the provisions of the Optometry Practice Act by:
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A. Extending, until January 1, 2018, (1) the provisions
establishing the CBO, and (2) the term of the executive
officers of CBO.
B. Specifying that CBO is subject to review by the
appropriate policy committees of the Legislature.
C. Providing 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.
D. Authorizing the CBO to revoke a license upon a decision
made in a proceeding, as specified, that contains a
finding or fact of either 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.
E. Specifying that the commission by a licensee of any act
of sexual abuse, misconduct, or relations with a patient
is unprofessional conduct.
F. Specifying that the commission of, an 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 license and his/her
spouse or person in an equivalent domestic relationship
when the licensee provides optometry treatment to that
person.
G. Specifying that the conviction of a crime that
currently requires the person to register as a sex
offender is considered unprofessional conduct, as
specified, a and a crime substantially related to the
qualifications, functions, or duties of a licensee.
5. Revises the provisions of the Respiratory Care Act by:
A. Extending, until January 1, 2018, (1) the provisions
establishing the RCB, and (2) the term of the executive
officers of the RCB.
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B. Specifying that the RCB is subject to be reviewed by
the appropriate policy committees of the Legislature.
C. Exempting individuals who have performed pulmonary
function tests in Los Angeles County facilities for at
least 15 years, from licensure as a respiratory care
therapist.
6. Revises the provisions of the Osteopathic Act by:
A. Requiring that the powers and duties of the OMB be
subject to review by the appropriate policy committees of
the Legislature.
B. Requiring that the review of the OMB be performed as
if these provisions were scheduled to be repealed January
1, 2018.
7. Revises the provisions of the Speech-Language Pathologists
and Audiologists and Hearing Aid Dispensers Licensure Act by:
A. Extending, until January 1, 2018, the provisions
establishing the SLPAHADB.
B. Specifying that the SLPAHADB is subject to be reviewed
by the appropriate policy committees of the Legislature.
C. Authorizing the SLPAHADB to refuse to issue a license
for a violation of term or condition of a probationary
order of a license issued by the SLPAHADB, as provided.
D. Clarifying that certain regulations will continue in
existence under the administration of the SLPAHADB until
repealed by regulation.
E. Deleting an obsolete reference to license or
registration renewal between January 1, 2001, and January
1, 2002.
8. Revises the provisions of the Occupational Therapy Practice
Act by:
A. Extending, until January 1, 2018, the provisions
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establishing the California Board of Occupational Therapy.
B. Specifying that the SLPAHADB is subject to be reviewed
by the appropriate policy committees of the Legislature.
9. Makes other technical and clarifying changes.
Background
This bill is one of six "sunset review bills" authored by the
Chair of the Senate Business, Professions and Economic
Development (BPED) Committee. Unless legislation is carried
this year to extend the sunset dates for the NMC, RCB, and the
CBO, they will be repealed on January 1, 2014. Because it was
created via initiative act, OMB does not have a sunset date.
This bill specifies that as of January 1, 2018, the OMB will be
reviewed consistent with other healing arts boards under the DCA
that are subject to a four-year sunset review period. This bill
exempts certain employees from going through the laborious
process of becoming certified respiratory therapists when they
have been safely and reliably performing services for over 15
years at Los Angeles County safety net hospitals. This bill
allows all DCA boards to receive certified records from a local
or state agency of all arrests and convictions, certified
records regarding probation, and any and all other related
documentation needed to complete an applicant or licensee
investigation.
In 2013, the Senate Business, Professions and Economic
Development Committee conducted oversight hearings to review 14
regulatory boards within the DCA. The Committee began its
review of these licensing agencies in March and conducted three
days of hearings. This bill, and the accompanying sunset bills,
is intended to implement legislative changes as recommended in
the Committee's Background/Issue Papers for all of the agencies
reviewed by the Committee this year.
NOTE: For a detailed summary of the issues and recommendations
relating to the NMC, RCB, CBO, and MBO, refer to of the
Committee's analysis.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
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SUPPORT : (Verified 9/9/13)
Association of Regulatory Boards of Optometry
California Naturopathic Doctors Association
California Optometric Association
California State Board of Optometry
Medical Board of California
National Board of Examiners in Optometry
Naturopathic Medicine Committee
Osteopathic Physicians and Surgeons of California
SEIU
Western University of Health Sciences
ARGUMENTS IN SUPPORT : SEIU writes, "The affected pulmonary
technicians at the Los Angeles County + University of Southern
California Healthcare Network and Harbor-University of
California Los Angeles Medical Center average 25 years' worth of
experience in pulmonary function testing at the two largest
public hospitals in Southern California. These professionals
are an integral part of the care team. According to the Los
Angeles County Department of Health, this group began their
careers in pulmonary function testing prior to the California
Respiratory Care Board's requirement for licensure, and worked
for decades before DHS determined that the affected employees
ere technically practicing without appropriate licensure.
Despite their years of service and contributions to the delivery
of health care, they have been temporarily reassigned to
different roles pending resolution of the matter. SB 305 would
narrowly apply to this cohort and remedy this oversight by
providing that they can resume their work in pulmonary function
testing. Failure to do so would adversely impact the quality of
access of patients."
The California Naturopathic Doctors Association notes,
"Licensure and regulation of the California naturopathic doctor
profession by the Naturopathic Medicine Committee provides the
citizens of California safe access to well-trained primary care
providers that specialize in cost-saving, effective, natural
medicine focused healthcare."
The Osteopathic Physicians and Surgeons of California states,
"With more than 6500 osteopathic physicians currently licensed
by the State of California, and growing by approximately 10%
annually, it is appropriate for the OMBC to continue serving in
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its role of consumer protection."
The Association of Regulatory Boards of Optometry writes, "The
health and safety of Californians will be well served by SB 305.
The vision care services provided by doctors of optometry both
expand the range of options and increase access to vision care
services for all Californians. Optometrists have the education,
training and skills required for vision care within the
legislatively specified scope of practice. SB 305 will reduce
costs for Californians and increase both the quantity and
quality of their health care."
ASSEMBLY FLOOR : 75-0, 9/9/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier, Beth
Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray, Grove,
Hagman, Hall, Harkey, Roger Hernández, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting,
Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John
A. Pérez
NO VOTE RECORDED: Donnelly, Gorell, Mansoor, Vacancy, Vacancy
MW:k 9/9/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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