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.