BILL NUMBER: SB 306 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 18, 2013
INTRODUCED BY Senator Price
( Principal coauthor: Assembly Member
Gordon )
FEBRUARY 15, 2013
An act to amend Sections 1000, 2530.2, 2531, 2531.75,
and 2533, 2570.19 , 2602, and
2607.5 of the Business and Professions Code, relating to
healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 306, as amended, Price. Healing arts: boards.
The Chiropractic Act, enacted by an initiative
measure approved by the electors on November 7, 1922,
measure, provides for the regulation and licensing of
chiropractors in this state by the State Board of Chiropractic
Examiners. Existing law specifies that the law governing
chiropractors is found in the act.
This bill would provide require that
the powers and duties of the State Board of Chiropractic
Examiners, board, as provided, shall
be subject to review by the appropriate policy committees
of the Legislature Legislature. The bill
would require that the review of the board be performed as if
those these provisions were scheduled
to be repealed on January 1, 2018.
Existing law establishes the Speech-Language Pathology
and Audiology and Hearing Aid Dispensers Board in the Department of
Consumer Affairs and makes the board responsible for the licensure of
speech-language pathologists, audiologists, and hearing aid
dispensers. Existing law , the Speech-Language
Pathologists and Audiologists and Hearing Aid Dispensers Licensure
Act, provides for the licensure and regulation of speech-language
pathologists, audiologists, and hearing aid dispensers by the
Speech-Language Pathology and Audiology and Hearing Aid Dispensers
Board. The act authorizes the board to appoint an executive
officer. Existing law repeals these provisions on January 1, 2014,
and subjects the board to review by the Joint Sunset Review
and Committee prior to that repeal. Committee on
Boards, Commissions, and Consumer Protection.
This bill would instead repeal those provisions on
extend the operation of these provisions until
January 1, 2018, and would subject provide
that the repeal of these provisions subjects the board to
review by the appropriate policy committees of the Legislature.
The bill would also rename the Speech-Language Pathology and
Audiology and Hearing Aid Dispensers Board as the California Speech
and Hearing Board. The bill would make conforming changes.
The Speech-Language Pathologists and Audiologists and Hearing Aid
Dispensers Licensure Act also authorizes the board to refuse to
issue, or issue subject to terms and conditions, a license on
specified grounds, including, among others, securing a license by
fraud or deceit.
This bill would additionally authorize the board to refuse to
issue, or issue subject to terms and conditions, a license for a
violation of a term or condition of a probationary order of a license
issued by the board, as provided.
Existing law , the Occupational Therapy Practice Act,
provides for the licensure and regulation of occupational therapists,
as defined, by the California Board of Occupational Therapy
within the Department of Consumer Affairs . Existing law
repeals those provisions on January 1, 2014, and subjects the board
to review by the Joint Sunset Review Committee prior to that
repeal. Committee on Boards, Commissions, and
Consumer Protection.
This bill would instead repeal those provisions on
extend the operation of these provisions until
January 1, 2018, would subject and provide
that the repeal of these provisions subjects the board to
review by the appropriate policy committees of the Legislature.
Existing law, the Physical Therapy Practice Act, provides for the
licensure and regulation of physical therapists by the Physical
Therapy Board of California. The act authorizes the board to appoint
an executive officer. Existing law repeals these provisions on
January 1, 2014.
This bill would extend the operation of these provisions until
January 1, 2018.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1000 of the Business and Professions Code is
amended to read:
1000. The law governing practitioners of chiropractic is found in
an initiative act entitled "An act prescribing the terms upon which
licenses may be issued to practitioners of chiropractic, creating the
State Board of Chiropractic Examiners and declaring its powers and
duties, prescribing penalties for violation hereof, and repealing all
acts and parts of acts inconsistent herewith," adopted by the
electors November 7, 1922. Notwithstanding any other law, the powers
and duties of the State Board of Chiropractic Examiners, as set forth
in this article and under the act creating the board, shall be
subject to review by the appropriate policy committees of the
Legislature. The review shall be performed as if this chapter were
scheduled to be repealed as of January 1, 2018.
SEC. 2. Section 2530.2 of the Business
and Professions Code is amended to read:
2530.2. As used in this chapter, unless the context otherwise
requires:
(a) "Board" means the Speech-Language Pathology and
Audiology and Hearing Aid Dispensers California Speech
and Hearing Board. As used in this chapter or any other
provision of law, "Speech-Language Pathology and Audiology and
Hearing Aid Dispensers Board" or "Speech-Language Pathology and
Audiology Board" shall be deemed to refer to the
Speech-Language Pathology and Audiology and Hearing Aid Dispensers
California Speech and Hearing Board or any
successor.
(b) "Person" means any individual, partnership, corporation,
limited liability company, or other organization or combination
thereof, except that only individuals can be licensed under this
chapter.
(c) A "speech-language pathologist" is a person who practices
speech-language pathology.
(d) The practice of speech-language pathology means all of the
following:
(1) The application of principles, methods, instrumental
procedures, and noninstrumental procedures for measurement, testing,
screening, evaluation, identification, prediction, and counseling
related to the development and disorders of speech, voice, language,
or swallowing.
(2) The application of principles and methods for preventing,
planning, directing, conducting, and supervising programs for
habilitating, rehabilitating, ameliorating, managing, or modifying
disorders of speech, voice, language, or swallowing in individuals or
groups of individuals.
(3) Conducting hearing screenings.
(4) Performing suctioning in connection with the scope of practice
described in paragraphs (1) and (2), after compliance with a medical
facility's training protocols on suctioning procedures.
(e) (1) Instrumental procedures referred to in subdivision (d) are
the use of rigid and flexible endoscopes to observe the pharyngeal
and laryngeal areas of the throat in order to observe, collect data,
and measure the parameters of communication and swallowing as well as
to guide communication and swallowing assessment and therapy.
(2) Nothing in this subdivision shall be construed as a diagnosis.
Any observation of an abnormality shall be referred to a physician
and surgeon.
(f) A licensed speech-language pathologist shall not perform a
flexible fiberoptic nasendoscopic procedure unless he or she has
received written verification from an otolaryngologist certified by
the American Board of Otolaryngology that the speech-language
pathologist has performed a minimum of 25 flexible fiberoptic
nasendoscopic procedures and is competent to perform these
procedures. The speech-language pathologist shall have this written
verification on file and readily available for inspection upon
request by the board. A speech-language pathologist shall pass a
flexible fiberoptic nasendoscopic instrument only under the direct
authorization of an otolaryngologist certified by the American Board
of Otolaryngology and the supervision of a physician and surgeon.
(g) A licensed speech-language pathologist shall only perform
flexible endoscopic procedures described in subdivision (e) in a
setting that requires the facility to have protocols for emergency
medical backup procedures, including a physician and surgeon or other
appropriate medical professionals being readily available.
(h) "Speech-language pathology aide" means any person meeting the
minimum requirements established by the board, who works directly
under the supervision of a speech-language pathologist.
(i) (1) "Speech-language pathology assistant" means a person who
meets the academic and supervised training requirements set forth by
the board and who is approved by the board to assist in the provision
of speech-language pathology under the direction and supervision of
a speech-language pathologist who shall be responsible for the
extent, kind, and quality of the services provided by the
speech-language pathology assistant.
(2) The supervising speech-language pathologist employed or
contracted for by a public school may hold a valid and current
license issued by the board, a valid, current, and professional clear
clinical or rehabilitative services credential in language, speech,
and hearing issued by the Commission on Teacher Credentialing, or
other credential authorizing service in language, speech, and hearing
issued by the Commission on Teacher Credentialing that is not issued
on the basis of an emergency permit or waiver of requirements. For
purposes of this paragraph, a "clear" credential is a credential that
is not issued pursuant to a waiver or emergency permit and is as
otherwise defined by the Commission on Teacher Credentialing. Nothing
in this section referring to credentialed supervising
speech-language pathologists expands existing exemptions from
licensing pursuant to Section 2530.5.
(j) An "audiologist" is one who practices audiology.
(k) "The practice of audiology" means the application of
principles, methods, and procedures of measurement, testing,
appraisal, prediction, consultation, counseling, instruction related
to auditory, vestibular, and related functions and the modification
of communicative disorders involving speech, language, auditory
behavior or other aberrant behavior resulting from auditory
dysfunction; and the planning, directing, conducting, supervising, or
participating in programs of identification of auditory disorders,
hearing conservation, cerumen removal, aural habilitation, and
rehabilitation, including, hearing aid recommendation and evaluation
procedures including, but not limited to, specifying amplification
requirements and evaluation of the results thereof, auditory
training, and speech reading, and the selling of hearing aids.
(l) A "dispensing audiologist" is a person who is authorized to
sell hearing aids pursuant to his or her audiology license.
(m) "Audiology aide" means any person meeting the minimum
requirements established by the board. An audiology aid may not
perform any function that constitutes the practice of audiology
unless he or she is under the supervision of an audiologist. The
board may by regulation exempt certain functions performed by an
industrial audiology aide from supervision provided that his or her
employer has established a set of procedures or protocols that the
aide shall follow in performing these functions.
(n) "Medical board" means the Medical Board of California.
(o) A "hearing screening" performed by a speech-language
pathologist means a binary puretone screening at a preset intensity
level for the purpose of determining if the screened individuals are
in need of further medical or audiological evaluation.
(p) "Cerumen removal" means the nonroutine removal of cerumen
within the cartilaginous ear canal necessary for access in
performance of audiological procedures that shall occur under
physician and surgeon supervision. Cerumen removal, as provided by
this section, shall only be performed by a licensed audiologist.
Physician and surgeon supervision shall not be construed to require
the physical presence of the physician, but shall include all of the
following:
(1) Collaboration on the development of written standardized
protocols. The protocols shall include a requirement that the
supervised audiologist immediately refer to an appropriate physician
any trauma, including skin tears, bleeding, or other pathology of the
ear discovered in the process of cerumen removal as defined in this
subdivision.
(2) Approval by the supervising physician of the written
standardized protocol.
(3) The supervising physician shall be within the general
vicinity, as provided by the physician-audiologist protocol, of the
supervised audiologist and available by telephone contact at the time
of cerumen removal.
(4) A licensed physician and surgeon may not simultaneously
supervise more than two audiologists for purposes of cerumen removal.
SEC. 2. SEC. 3. Section 2531 of the
Business and Professions Code is amended to read:
2531. (a) There is in the Department of Consumer Affairs
a Speech-Language Pathology and Audiology and Hearing Aid Dispensers
the California Speech and Hearing Board in
which the enforcement and administration of this chapter are vested.
The Speech-Language Pathology and Audiology and Hearing Aid
Dispensers California Speech and Hearing Board
shall consist of nine members, three of whom shall be public members.
(b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date. Notwithstanding any other law, the repeal of this section
renders the board subject to review by the appropriate policy
committees of the Legislature.
SEC. 3. SEC. 4. Section 2531.75 of
the Business and Professions Code is amended to read:
2531.75. (a) The board may appoint a person exempt from civil
service who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board
and vested in him or her by this chapter.
(b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 5. Section 2533 of the Business
and Professions Code is amended to read:
2533. The board may refuse to issue, or issue subject to terms
and conditions, a license on the grounds specified in Section 480, or
may suspend, revoke, or impose terms and conditions upon the license
of any licensee for any of the following:
(a) Conviction of a crime substantially related to the
qualifications, functions, and duties of a speech-language
pathologist or audiologist or hearing aid dispenser, as the case may
be. The record of the conviction shall be conclusive evidence
thereof.
(b) Securing a license by fraud or deceit.
(c) (1) The use or administering to himself or herself, of any
controlled substance; (2) the use of any of the dangerous drugs
specified in Section 4022, or of alcoholic beverages, to the extent,
or in a manner as to be dangerous or injurious to the licensee, to
any other person, or to the public, or to the extent that the use
impairs the ability of the licensee to practice speech-language
pathology or audiology safely; (3) more than one misdemeanor or any
felony involving the use, consumption, or self-administration of any
of the substances referred to in this section; or (4) any combination
of paragraph (1), (2), or (3). The record of the conviction shall be
conclusive evidence of unprofessional conduct.
(d) Advertising in violation of Section 17500. Advertising an
academic degree that was not validly awarded or earned under the laws
of this state or the applicable jurisdiction in which it was issued
is deemed to constitute a violation of Section 17500.
(e) Committing a dishonest or fraudulent act that is substantially
related to the qualifications, functions, or duties of a licensee.
(f) Incompetence, gross negligence, or repeated negligent acts.
(g) Other acts that have endangered or are likely to endanger the
health, welfare, and safety of the public.
(h) Use by a hearing aid dispenser of the term "doctor" or
"physician" or "clinic" or "audiologist," or any derivation thereof,
except as authorized by law.
(i) The use, or causing the use, of any advertising or promotional
literature in a manner that has the capacity or tendency to mislead
or deceive purchasers or prospective purchasers.
(j) Any cause that would be grounds for denial of an application
for a license.
(k) Violation of Section 1689.6 or 1793.02 of the Civil Code.
(l) Violation of a term or condition of a probationary order of a
license issued by the board pursuant to Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code.
SEC. 4. SEC. 6. Section 2570.19 of
the Business and Professions Code is amended to read:
2570.19. (a) There is hereby created a California Board of
Occupational Therapy, hereafter referred to as the board. The board
shall enforce and administer this chapter.
(b) The members of the board shall consist of the following:
(1) Three occupational therapists who shall have practiced
occupational therapy for five years.
(2) One occupational therapy assistant who shall have assisted in
the practice of occupational therapy for five years.
(3) Three public members who shall not be licentiates of the
board, of any other board under this division, or of any board
referred to in Section 1000 or 3600.
(c) The Governor shall appoint the three occupational therapists
and one occupational therapy assistant to be members of the board.
The Governor, the Senate Committee on Rules, and the Speaker of the
Assembly shall each appoint a public member. Not more than one member
of the board shall be appointed from the full-time faculty of any
university, college, or other educational institution.
(d) All members shall be residents of California at the time of
their appointment. The occupational therapist and occupational
therapy assistant members shall have been engaged in rendering
occupational therapy services to the public, teaching, or research in
occupational therapy for at least five years preceding their
appointments.
(e) The public members may not be or have ever been occupational
therapists or occupational therapy assistants or in training to
become occupational therapists or occupational therapy assistants.
The public members may not be related to, or have a household member
who is, an occupational therapist or an occupational therapy
assistant, and may not have had, within two years of the appointment,
a substantial financial interest in a person regulated by the board.
(f) The Governor shall appoint two board members for a term of one
year, two board members for a term of two years, and one board
member for a term of three years. Appointments made thereafter shall
be for four-year terms, but no person shall be appointed to serve
more than two consecutive terms. Terms shall begin on the first day
of the calendar year and end on the last day of the calendar year or
until successors are appointed, except for the first appointed
members who shall serve through the last calendar day of the year in
which they are appointed, before commencing the terms prescribed by
this section. Vacancies shall be filled by appointment for the
unexpired term. The board shall annually elect one of its members as
president.
(g) The board shall meet and hold at least one regular meeting
annually in the Cities of Sacramento, Los Angeles, and San Francisco.
The board may convene from time to time until its business is
concluded. Special meetings of the board may be held at any time and
place designated by the board.
(h) Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
(i) Members of the board shall receive no compensation for their
services, but shall be entitled to reasonable travel and other
expenses incurred in the execution of their powers and duties in
accordance with Section 103.
(j) The appointing power shall have the power to remove any member
of the board from office for neglect of any duty imposed by state
law, for incompetency, or for unprofessional or dishonorable conduct.
(k) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date. Notwithstanding any other law, the repeal of this section
renders the board subject to review by the appropriate policy
committees of the Legislature.
SEC. 7. Section 2602 of the Business
and Professions Code is amended to read:
2602. The Physical Therapy Board of California, hereafter
referred to as the board, shall enforce and administer this chapter.
This section shall remain in effect only until January 1,
2014, 2018, and as of that date is repealed,
unless a later enacted statute, that is enacted before January 1,
2014, 2018, deletes or extends that
date.
Notwithstanding any other provision of law, the repeal of this
section renders the board subject to review by the appropriate policy
committees of the Legislature.
SEC. 8. Section 2607.5 of the Business
and Professions Code is amended to read:
2607.5. (a) The board may appoint a person exempt from civil
service who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board
and vested in him or her by this chapter.
(b) This section shall remain in effect only until January 1,
2014, 2018, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2014, 2018, deletes or
extends that date.