BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 306|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
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
CONTINUED
SB 306
Page
2
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be repealed on January 1, 2018.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
CONTINUED
SB 306
Page
3
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
CONTINUED
SB 306
Page
4
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:
CONTINUED
SB 306
Page
5
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
**** END ****
CONTINUED