BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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          |SENATE RULES COMMITTEE            |                        SB 306|
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                                    THIRD READING


          Bill No:  SB 306
          Author:   Price (D), et al.
          Amended:  5/7/13
          Vote:     21

           
          SENATE BUSINESS, PROF. & ECON. DEVELOP. 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


           SUBJECT  :    Healing arts:  boards

           SOURCE  :     Author


           DIGEST  :    This bill extends, until January 1, 2018, the  
          provisions establishing the Board of Chiropractic Examiners  
          (BCE), the Speech-Language Pathology and Audiology and Hearing  
          Aid Dispensers Board (SLPAHADB), the Physical Therapy Board  
          (PTB), and the Board of Occupational Therapy (BOT), and extends  
          the terms of the executive officers of the PTB and the SLPAHADB.  
           Also subjects the boards to be reviewed by the appropriate  
          legislative policy committees.

           ANALYSIS  :    

          Existing law:

          1.Authorizes the BCE, which was established by initiative act  
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            and is within the Department of Consumer Affairs (DCA), to  
            license practitioners of chiropractic. 

          2.Authorizes the SLPAHADB, until January 1, 2014, to license  
            Speech-Language pathologists and aides and assistants,  
            audiologists and hearing aid dispensers and to employ an  
            executive officer.

          3.Until January 1, 2014, authorizes the BOT, which is within the  
            DCA, to license occupational therapists and assistants.

          4.Until January 1, 2014, authorizes the PTB, which is within the  
            DCA, to license physical therapists and assistants and employ  
            an executive officer.

          5.Authorizes the SLPAHADB 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:

          1.Revises BCE provisions by requiring that the powers and duties  
            of the BCE would be subject to review by the appropriate  
            legislative policy committees and requiring that the review of  
            the BCE be performed as if these provisions were scheduled to  
            be repealed on January 1, 2018. 

          2.Revises the provisions of the California Speech-Language  
            Pathology and Audiology and Hearing Aid Dispensers Act by:

             A.   Extending the operation of the SLPAHADB until January 1,  
               2018.

             B.   Authorizing the SLPAHADB to appoint an executive  
               officer, and subjecting the SLPAHADB to review by the  
               appropriate policy committees of the Legislature. 

             C.   Authorizing 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.  

          1.Revises the provisions of the Physical Therapy Practice Act  

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            by:

             A.   Extending the operation of the PTB until January 1,  
               2018. 

             B.   Authorizing the PTB to appoint an executive officer  
               until January 1, 2018. 

          1.Revises the provisions of the Occupational Therapy Practice  
            Act by extending the operation of the BOT and subjects the BOT  
            to review by the appropriate legislative policy committees. 

           Background
           
          This bill is one of six "sunset review bills" authored by the  
          Chair of the Senate Business, Professions and Economic  
          Development Committee.  Unless legislation is carried this year  
          to extend the sunset dates for the BOT, PTB, and SLPAHADB, they  
          will be repealed on January 1, 2014.  Because it was created via  
          initiative act, the BCE does not have a sunset date.  This bill  
          will specify that as of January 1, 2018, the BCE will be  
          reviewed consistent with other healing arts boards under the DCA  
          that are subject to a four-year sunset review period.

           Note:  In 2013, the 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 are 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.  For a detailed summary of the  
                issues and recommendations relating to the BCE, BOT,  
                SLPAHADB, and PTB, refer to the Committee's analysis.

           Related Legislation
           
          SB 198 (Price) reorganizes, revises, recasts and updates the  
          Physical Therapy Practice Act. 

          SB 304 (Price) makes various changes to the Medical Practice Act  
          and to the Medical Board of California. 

          SB 305 (Price) extends, until January 1, 2018, the provisions  

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          establishing the Naturopathic Medicine Committee and the  
          Respiratory Care Board (RCB), and extends the term of the  
          executive officers of the RCB and the 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 DCA 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. 

          SB 307 (Price) extends, until January 1, 2018, the term of the  
          Veterinary Medical Board (VMB), which provides for the licensure  
          and registration of veterinarians and registered veterinary  
          technicians and the regulation of the practice of veterinary  
          medicine by the VMB.  

          SB 308 (Price) 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 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 Board of Barbering and  
          Cosmetology (Board) and requires a school to be approved by the  
          Board before it is approved by the Bureau for Private  
          Postsecondary Education.  Also authorizes the Board to revoke,  
          suspend, or deny its approval of a school on specified grounds. 

          SB 309 (Price) 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.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee:


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            Ongoing costs of $1.9 million per year, offset by fees, for  
             the extension of the SLPAHADB (Speech-Language Pathology and  
             Audiology Fund).

            Ongoing costs of $3.2 million per year, offset by fees, for  
             the extension of the PTB (Physical Therapy Fund).

            Ongoing costs of $1.4 million per year, offset by fees, for  
             the extension of the BOT (Occupational Therapy Fund).

           SUPPORT  :   (Verified  5/23/13)

          Occupational Therapy Association of California


           ARGUMENTS IN SUPPORT  :    The Occupational Therapy Association of  
          California writes, "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  
          [occupational therapy] practitioners." 


          MW:nk  5/23/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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