BILL ANALYSIS                                                                                                                                                                                                    Ó







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        |Hearing Date:April 29, 2013        |Bill No:SB                         |
        |                                   |306                                |
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                       SENATE COMMITTEE ON BUSINESS, PROFESSIONS 
                                AND ECONOMIC DEVELOPMENT
                           Senator Curren D. Price, Jr., Chair
                                            

                           Bill No:  SB 306      Author:Price
                      As Amended: April 18, 2013         Fiscal:Yes

          
          SUBJECT:   Healing arts:  boards. 
          
          SUMMARY:  Extends until January 1, 2018, the provisions establishing  
          the State Board of Chiropractic Examiners, Speech-Language Pathology  
          and Audiology and Hearing Aid Dispensers Board, the Physical Therapy  
          Board of California and the California Board of Occupational Therapy  
          and extends the terms of the executive officers of the Physical  
          Therapy Board of California and the Speech-Language Pathology and  
          Audiology and Hearing Aid Dispensers Board.  This bill also subjects  
          the boards to be reviewed by the appropriate policy committees of  
          the Legislature.

          Existing law:
          
          1)   Authorizes the State Board of Chiropractic Examiners, which was  
             established by initiative act and is within the Department of  
             Consumer Affairs (DCA), to license practitioners of chiropractic  
             (Chiropractic Act of 1923 (CA), § 1 et seq.; Governor's  
             Reorganization Plan No. 2 of 2012)  

          2)   Authorizes the California Speech-Language Pathology and  
             Audiology and Hearing Aid Dispensers Board, until January 1,  
             2014, to license Speech-Language pathologists and aides and  
             assistants, audiologists and hearing aid dispensers and to employ  
             an executive officer.  (Business and Professions Code (BPC) §  
             2531; 2531.75)

          3)   Until January 1, 2014, authorizes the California Board of  
             Occupational Therapy, which is within the DCA, to license  
             occupational therapists and assistants.  (BPC § 3716)  





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          4)   Until January 1, 2014, authorizes the Physical Therapy Board of  
             California, which is within the DCA, to license physical  
             therapists and assistants and employ an executive officer.  (BPC  
             § 2602; 2607.5)

          5)   Authorizes the California Speech-Language Pathology and  
             Audiology and Hearing Aid Dispensers 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.  (BPC § 2533)



          This bill:

          1)   Revises the provisions related to the State Board of  
             Chiropractic Examiners (BCE) as follows:

                  a)          Requires that the powers and duties of the BCE  
                    would be subject to review by the appropriate policy  
                    committees of the Legislature and requires that the review  
                    of the BCE be performed as if these provisions were  
                    scheduled to be repealed January 1, 2018. 

          2)   Revises the provisions of the California Speech-Language  
             Pathology and Audiology and Hearing Aid Dispensers Act as  
             follows:

                  a)          Extends the operation of the California  
                    Speech-Language Pathology and Audiology and Hearing Aid  
                    Dispensers Board (SLPAHADB) until January 1, 2018.

                  b)          Authorizes the SLPAHADB to appoint an executive  
                    officer, and subjects the SLPAHADB to review by the  
                    appropriate policy committees of the Legislature. 

                  c)          Authorizes the SLPAHADB 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 SLPAHADB.  

                  d)          Changes the name of the SLPAHADB to the "Speech  
                    and Hearing Board." 

          3)   Revises the provisions of the Physical Therapy Practice Act as  





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             follows:

                  a)          Extends the operation of the Physical Therapy  
                    Board of California (PTB) until January 1, 2018. 

                  b)          Authorizes the PTB to appoint an executive  
                    officer until January 1, 2018. 

          4)   Revises the provisions of the Occupational Therapy Practice Act  
             as follows:

                  a)          Extends the operation of the Occupational  
                    Therapy Board of California (OTB) and subjects the OTB to  
                    review by the appropriate policy committees of the  
                    Legislature. 

          FISCAL EFFECT:  Unknown.  This bill has been keyed "fiscal" by  
          Legislative Counsel. 

          COMMENTS:
          
          1.   Purpose.  This bill is one of six "sunset review bills"  
             authored by the Chair of this Committee.  Unless legislation is  
             carried this year to extend the sunset dates for the California  
             Board of Occupational Therapy, the Physical Therapy Board of  
             California and the Speech-Language Pathology and Audiology and  
             Hearing Aid Dispensers Board, they will be repealed on January 1,  
             2014.  Because it was created via initiative act, the State Board  
             of Chiropractic Examiners does not have a sunset date.  This bill  
             will specify that as of January 1, 2018, the State Board of  
             Chiropractic Examiners will be reviewed consistent with other  
             healing arts boards under the DCA that are subject to a four year  
             sunset review period.

          2.   Oversight Hearings and Sunset Review of Licensing Boards and  
             Commission of DCA.  In 2013, this 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.

          3.   Review of the State Board of Chiropractic Examiners (BCE),  
          Issues Identified and 
             Recommended Changes.   Although the Committee addressed several  





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             issues regarding the BCE during it review of this Committee, the  
             only statutory change necessary was the extension of their sunset  
             dates.  

              a)     Issue  : Should the current BCE continue to license and  
               regulate Chiropractors? 
               
                Background  :  The health and safety of consumers is protected by  
               well-regulated professions.  The BCE is charged with protecting  
               the consumer from unprofessional and unsafe licensees.  

                Recommendation  :  The Committee finds that the BCE has shown the  
               ability to regulate Chiropractors.  As such, the Committee  
               recommends that Chiropractors continue to be regulated by the  
               current BCE and be renewed again in four years. [The current  
               language in this measure reflects this recommended change.]  

          4.   Review of the California Board of Occupational Therapy (BOT),  
             Issues Identified and Recommended Changes.  Although the  
             Committee addressed several issues regarding the BOT during it  
             review of this Committee, the only statutory change necessary was  
             the extension of their sunset dates.  
          
              a)     Issue  : Should the current BOT continue to license and  
               regulate Occupational Therapists? 
               
                Background  :  The health and safety of consumers is protected by  
               well-regulated professions.  The BOT is charged with protecting  
               the consumer from unprofessional and unsafe licensees.  

                Recommendation  :  The Committee finds that the BOT has shown the  
               ability to regulate Occupational Therapists.  As such, the  
               Committee recommends that Occupational Therapists continue to  
               be regulated by the current BOT and be renewed again in four  
               years. [The current language in this measure reflects this  
               recommended change.]  

          5.   Review of the Speech-Language Pathology and Audiology and  
             Hearing Aid Dispensers Board (SLPAHADB), Issues Identified and  
             Recommended Changes.   The following are some of the issues  
             pertaining to the SLPAHADB in which statutory changes were  
             considered necessary, or areas of concern reviewed and discussed  
             by the Committee during the review of the SLPAHADB, along with  
             background information concerning each particular issue.   
             Recommendations were made by Committee staff and members  
             regarding the particular issues or problem areas which needed to  





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             be addressed.

              a)     Issue  : Should the name of the SLPAHADB be changed?

                Background  :  When AB 1535 (Jones, Chapter 309, Statutes of  
               2009) created the SLPAHADB by merging the Bureau into the  
               SLPAHADB, the resulting name was made simply combining the  
               names of both entities.  Although it reflects the licenses the  
               Board regulates, Committee staff notes the clear irony of such  
               a complex name for a speech and hearing regulatory board.

               It is noteworthy that SB 1982 (Greene), the 1998 bill which  
               would have merged the two programs into a single bill, would  
               have named the new board the Speech and Hearing Sciences Board  
               of California.  That bill failed passage in the Assembly.

               The Committee staff suggests that the SLPAHADB should consider  
               recommending a name that is more user-friendly but that still  
               adequately describes the SLPAHADB's area of jurisdiction.

                Recommendation  :  The SLPAHADB should advise the Committee  
               whether it thinks that it would be appropriate to rename the  
               SLPAHADB to a more user-friendly name that describes their  
               regulatory jurisdiction.  If the SLPAHADB agrees, it should  
               recommend a revised name to be changed through legislation.   
               The Board continues to recommend a name change.  [The current  
               language in this measure reflects this recommended change.]  

             b)   Issue  : Should the current SLPAHADB continue to license and  
             regulate Speech-
                  Language Pathologists, Audiologists, and Hearing Aid  
             Dispensers be continued 
                  and be regulated by the SLPAHADB?
             
                Background  :  The health and safety of consumers is protected by  
             a well-regulated 
               profession.  The SLPAHADB is charged with protecting the  
               consumer from unprofessional and unsafe licensees.  

                Recommendation  :  The Committee finds that the SLPAHADB has  
               shown the ability to regulate the professions that fall under  
               its purview.  As such, the Committee recommends that these  
               professions continue to be regulated by the current SLPAHADB  
               and be renewed again in four years. [The current language in  
               this measure reflects this recommended change.]  






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          6.   Review of the Physical Therapy Board of California (PTB),  
             Issues Identified and Recommended Changes.  Although the  
             Committee addressed several issues regarding the PTB during it  
             review of this Committee, the only statutory change necessary in  
             this measure was the extension of their sunset dates.  

              a)     Issue  : Should the current PTB continue to license and  
               regulate Physical Therapists? 
                    
                Background:   The health and safety of consumers is protected by  
          well-regulated 
               professions.  The PTB is charged with protecting the consumer  
               from unprofessional and unsafe licensees.  

                Recommendation:   The Committee finds that the PTB has shown the  
               ability to regulate Physical Therapists.  As such, the  
               Committee recommends that Physical Therapists continue to be  
               regulated by the current PTB and be renewed again in four  
               years. [The current language in this measure reflects this  
               recommended change.]  

          7.   Current Related Legislation.   SB 198  (Price, 2013).  
             Reorganizes, revises, recasts and updates the Physical Therapy  
             Practice Act. (  Note  :  This bill will also be heard before the  
             BP&ED Committee during today's hearing.)  

           SB 304  (Price, 2013).  Makes various changes to the Medical Practice  
             Act and to the Medical Board of California. (Note: This bill will  
             also be heard before the BP&ED Committee during today's hearing)  
              
              SB 305  (Price, 2013).  Extends until January 1, 2018, the  
             provisions establishing the Naturopathic Medicine Committee and  
             the Respiratory Care Board of California, and extends the term of  
             the executive officers of the Respiratory Care Board of  
             California and the California State Board of Optometry.   
             Specifies that the Osteopathic Medical Board of California is  
             subject to review by the appropriate policy committees of the  
             Legislature.  Exempts individuals who have performed pulmonary  
             function tests in Los Angeles County facilities for at least 15  
             years, from licensure as a respiratory care therapist.  Specifies  
             that any board under the Department of Consumer Affairs is  
             authorized to receive certified records from a local or state  
             agency to complete an applicant or licensee investigation and  
             authorizes them to provide those records to the board. (  Note  :  
             This bill will also be heard before the BP&ED Committee during  
             today's hearing)





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              SB 307  (Price, 2013).  Extends, until January 1, 2018, the term  
             of the Veterinary Medicine Board, which provides for the  
             licensure and registration of veterinarians and registered  
             veterinary technicians and the regulation of the practice of  
             veterinary medicine by the Veterinary Medical Board.  (  Note  : This  
             bill will also be heard before the BP&ED Committee during today's  
             hearing)

              SB 308  (Price, 2013).  Extends, until January 1, 2018, the term  
             of the Interior Design Law.  Specifies that a certified interior  
             designer provides plans and documents that collaborates with  
             other design professionals.  Requires a certified interior  
             designer to use a written contract when contracting to provide  
             interior design services to a client.  Extends, until January 1,  
             2018, the State Board of Guide Dogs for the Blind and extends an  
             arbitration procedure for the purpose of resolving disputes  
             between a guide dog user and a licensed guide dog school.   
             Extends until January 1, 2018, the State Board of Barbering and  
             Cosmetology and requires a school to be approved by the board  
             before it is approved by the Bureau for Private Postsecondary  
             Education.  The bill would also authorize the board to revoke,  
             suspend, or deny its approval of a school on specified grounds.  
             (  Note  : This bill will also be heard before the BP&ED Committee  
             during today's hearing)

              SB 309  (Price, 2013).  Extends the term of the State Athletic  
             Commission, which is responsible for licensing and regulating  
             boxing, kickboxing, and martial arts matches and is required to  
             appoint an executive officer until January 1, 2018.  (  Note  : This  
             bill will also be heard before the BP&ED Committee during today's  
             hearing)
             
          8.   Arguments in Support.  The  Occupational Therapy Association of  
             California  (OTAC) supports the bill.  They write, "Given the  
             complexity of the California health and human services systems in  
             which occupational therapy practitioners provide services, and  
             the rapidly changing landscape in light of health care reform,  
             and fiscal, political, and social influences, it is critical that  
             the Board of Occupational Therapy continues to respond to these  
             changes and trend through regulations and legislation that  
             protect the consume and uphold high standards of practice for OT  
             practitioners." 

          9.   Support if Amended.  The  California Academy of Audiology   
             supports the bill if amended.  In their letter they state, "We  





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             are very uncomfortable with the proposed name changed for the  
             [SLPAHADB] and the money it will cost to make the change?.The  
             [proposed] name is too broad and would on its face appear to  
             embrace regulatory oversight over professions that are in fact  
             NOT regulated by the Board.  In doing so, the change in name  
             would be confusing to the public who might have complaints or  
             licensing issues.  Those non "Speech and Hearing Board" entities  
             who provide services relating to hearing and speech include deaf  
             educators, assistive listening device technology specialists,  
             classroom aids, social workers, occupational therapists and  
             likely others on the speech side." 
          

          SUPPORT AND OPPOSITION:
          
           Support:    

          Occupational Therapy Association of California

           Support if Amended:
           
          California Academy of Audiology

           Opposition:  

          None received as of April 24, 2013. 



          Consultant:  Le Ondra Clark, Ph.D.