BILL ANALYSIS Ó ----------------------------------------------------------------------- |Hearing Date: April 29, 2013 |Bill No:SB | | |821 | ----------------------------------------------------------------------- SENATE COMMITTEE ON BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT Senator Curren D. Price, Jr., Chair Bill No: SB 821Author:Business, Professions and Economic Development As Amended:April 23, 2013 Fiscal:Yes SUBJECT: Healing arts. SUMMARY: Makes several non-controversial minor, non-substantive or technical changes to various provisions pertaining to the health-related regulatory Boards of the Department of Consumer Affairs (DCA). Existing law: 1) Provides for the licensing and regulation of various professions and businesses by some 23 boards, 4 committees, 9 bureaus, and 1 commission within the DCA under various licensing acts within the Business and Professions Code (BPC). 2) Makes the following provisions relating to the California Board of Behavioral Sciences (BBS): a) Describes the qualifying degree program required to obtain licensure as an Licensed Marriage and Family Therapist (LMFT) or a Licensed Professional Clinical Counselor (LPCC), if the applicant began graduate study after August 1, 2012. (BPC §§ 4980.36(d)(2)(C)(i); 4999.33(d)(9)) b) Allows LMFT, Licensed Clinical Social Worker (LCSW) and LPCC applicants to gain experience hours as a W-2 employee or a volunteer. (BPC §§ 4980.43(b); 4996.23; and 4999.47(a)) c) Specifies examination eligibility requirements for out-of-state LMFT and LPCC licensees. (BPC §§ 4980.72 and SB 821 Page 2 4999.60) d) States that the delinquent renewal fee for a license is $75 for Licensed Educational Psychologists (LEPs) and LCSWs, respectively. (BPC §§ 4989.68 and 4996.3) e) States that all applicants and interns must always be under the supervision of a supervisor who is responsible to the BBS for compliance with all laws and regulations. (BPC § 4996.18) f) Allows an LPCC applicant to count up to 250 hours of experience providing crisis counseling over the telephone. (BPC § 4999.46) g) Outlines the requirements for direct supervisor contact for PCC interns. (BPC § 4999.46(g)) h) Defines the practice of clinical social work. (BPC § 4996.9) i) Defines the practice of professional clinical counseling. (BPC § 4999.20) 3) Makes the following provisions relating to the Dental Board of California (DBC): a) The DBC shall have and use a seal bearing the name "Dental Board of California Board of Dental Examiners of California." (BPC § 1613) 4) Makes the following provisions relating to the Dental Hygiene Committee of California (DHCC): a) Specifies that no person other than a registered dental hygienist, registered dental hygienist in alternative functions practice, registered dental hygienist in extended functions or a licensed dentist may engage in the practice of dental hygiene or perform dental hygiene procedures on patients. (BPC § 1915) b) Specifies that a registered dental hygienist in alternative practice may operate one mobile dental hygiene clinic registered as a dental hygiene office or facility. The owner or operator of the mobile dental hygiene clinic or unit shall be registered and operated in accordance with regulations established by the DHCC. (BPC § 1926.2(b)) SB 821 Page 3 c) All dental hygiene services provided by a registered dental hygienist in alternative practice may be covered as long as they are within the scope of Denti-Cal benefits and they are necessary services. (Welfare and Institutions Code (WIC) § 14132(q)(2)) 1) Makes the following provisions relating to the California State Board of Optometry (CBO): a) Authorizes the CBO to grant or refuse to grant certificates of registration or an optometrist license and may revoke or suspend the certificate of registration license of any optometrist. (BPC § 3024) b) Authorizes the CBO to make and promulgate rules and regulations governing the procedures of the CBO, the admission of applicants for examination for optometrists and the practice of optometry. (BPC § 3025) c) Specifies that it is unlawful for a person to engage in the practice of optometry or to display a sign or in any other way to advertise or hold himself or herself out as an optometrist without having first obtained a certificate of registration. (BPC § 3040) d) Establishes the educational and examination requirements for licensure and use of pharmaceutical agents. (BPC § 3041.2) e) Outlines standards for evidence of education in the areas of child abuse, alcoholism and substance dependency. (BPC § 3051) f) Specifies eligibility requirements for graduates from foreign universities. (BPC § 3057.5) g) Defines "branch office licenses" and specifies provisions of such licenses. (BPC § 3077) h) Specifies the procedure for reinstating a license after revocation. (BPC § 3093) i) Provides guidelines for the use of "Dr." or "O.D." (BPC § 3098) j) Declares that it is unlawful to include in any advertisement relating to the sale or disposition of goggles, sunglasses, colored glasses or occupational eye-protective devices any words SB 821 Page 4 or figures that advertise or have a tendency to advertise the practice of optometry. (BPC § 3103) aa) Clarifies that the false representation of facts is unprofessional conduct. (BPC § 3106) bb) States that it is unlawful to use or attempt to use any license issued by the CBO that has been purchased, fraudulently issued, counterfeited or issued by mistake as a valid license. (BPC § 3107) cc) Specifies that a licensed optometrist may be employed to practice optometry by a physician and surgeon who holds a certificate under this division and who practices in the specialty of ophthalmology or by a health care service plan. (BPC § 3109) dd) Includes various specifications regarding the name of an optometric corporation. (BPC § 3163) 1) Makes the following provisions relating to the California Board of Pharmacy (BOP): a) Permits the BOP to issue licenses to hospital pharmacies within any licensed hospital, institution or establishment that maintains and operates organized facilities for the diagnosis, care and treatment of human illnesses to which persons may be admitted for overnight stay according to the rules and regulations of the CBO. (BPC § 4029) b) Specifies that a hospital pharmacy also includes a pharmacy that may be located outside of the hospital, in another physical plant that is regulated under a hospital's consolidated license issued. (Health and Safety Code § 1250.8) c) Defines "pharmacy" as an area, place or premises licensed by the BOP and specifies that a pharmacy shall not include any areas in a facility licensed by the State Department of Public Health where certain supplies, drugs and devices are stored. (BPC § 4037) d) Specifies the minimum requirements necessary to apply for a designated representative license. (BPC § 4053) SB 821 Page 5 This bill: 1) Makes the following changes relating to the BBS: a) Adds language specifying that a LMFT or LPCC applicant for licensure must have a minimum of seven contact hours of training or coursework in child abuse assessment and reporting. (BPC §§ 4980.36(d)(2)(C)(i); 4999.33(d)(9)) b) Clarifies that experience gained as an independent contractor and/or reported on an IRS Form 1099 does not count toward licensure as an LMFT, LPCC or LCSW. (BPC §§ 4980.43(b); 4996.23; and 4999.47(a)) c) Amends the out-of-state licensee experience requirements for LMFT and LPCC applicants to a rate of 100 hours to 1,200 hours per month. (BPC §§ 4980.72 and 4999.60) d) Amends the delinquency fee requirements for LEPs and LCSWs to not exceed $75.00. (BPC §§ 4989.68 and 4996.3) e) Clarifies that Associate Clinical Social Workers (ACSW) must at all times be under the supervision of a supervisor who is responsible to the BBS. (BPC § 4996.18) f) Allows up to 375 experience hours to be gained providing telehealth counseling for LPCC applicants consistent with what is allowed for LMFT applicants. (BPC § 4999.46) g) Amends BPC § 4999.46(g) to specify that Professional Clinical Counselor (PCC) interns are not required to have direct supervision for attendance at workshops, seminars, training sessions, or conferences. h) Amends BPC § 4996.9 to specify that the practice of clinical social work includes the use, application and integration of the coursework and experience required by BPC § 4996.2 (which describes required training and education) and 4996.23 (which describes required supervised experience). i) Amends BPC § 4999.20 to make the law regarding scope of practice for LPCCs more consistent with the scope of practice law for the BBSs other license types. SB 821 Page 6 j) Amends §§ 4996.23, 4999.47 and 4980.43 to specify that work performed as an independent contractor or reported on IRS 1099 form cannot count towards clinical training experience for PCC interns or trainees. 1) Makes the following changes relating to the CBO: a) Clarifies the preferred name for a license is "optometrist license" and the preferred name for certifications is "optometrist certification(s)" and makes conforming changes (BPC §§ 3024, 3025, 3040, 3041.2(a)(b), 3051, 3057.5, 3077(a)(b)(g), 3093, 3098, 3103, 3106, 3107, 3109, 3163). 1) Makes the following changes relating to the DBC: a) Amends BPC § 1613 to replace the phrase "Board of Dental Examiners of California" with "Dental Board of California." 1) Makes the following changes relating to the DHCC: a) Amends BPC § 1915 to replace the phrase "registered dental hygienist in alternative functions" to "registered dental hygienist in alternative practice." b) Amends the Sections of statutory law referenced in BPC § 1926.2(b) from "Article 3.5" to "Article 9" and BPC § "1658" to Section "1925." c) Adds "registered dental hygienist" and "registered dental hygienist in extended functions" to WIC § 14132(q)(2) in order to conform statute to allow these practitioners to bill and be paid for the services that they provide to patients. Corrects references for dental hygiene services by striking references to WIC § 1768 and 1770 and replacing with current WIC §§ 1917, 1918, 1753.7 and 1922. 1) Makes the following changes relating to the BOP: a) BPC § 4107 provides the BOP with the express authority to issue a second license to a (board licensed) hospital pharmacy for the purpose of conducting centralized hospital packaging. b) Defines the term "Correctional Pharmacy" and provides the express authority for the BOP to issue the license. (BPC § 4046) SB 821 Page 7 c) Specifies the setting in which the one year of paid work experience must be earned. (BPC § 4053) FISCAL EFFECT: Unknown. This bill has been keyed "fiscal" by Legislative Counsel. COMMENTS: 1. Purpose. This bill is one of the annual Omnibus Committee bills authored by the Business, Professions and Economic Development Committee which consolidates a number of non-controversial provisions related to various regulatory programs and professions governed by the Business and Professions Code. Consolidating the provisions in one bill is designed to relieve the various licensing boards, bureaus and professions from the necessity and burden of having separate measures for a number of non-controversial revisions. Many of the provisions of this bill are minor, technical and updating changes, while other provisions are substantive consensus changes intended to improve the ability of various licensing programs and other entities to efficiently and effectively administer their respective laws. As a Committee bill, this measure is jointly Authored by each of the members of the Committee. As such, by its very nature, it is a consensus bill. If controversy or opposition should arise regarding any provision in this bill that cannot be resolved, then that provision will be removed from the bill. This will eliminate the chance of placing any of the other provisions in jeopardy. 2. Background. The BBS is the only board which appears to have the more significant and substantive provisions in this measure: a) Board of Behavioral Sciences (BBS). Child Abuse Assessment and Reporting. Business and Professions Code §4980.36(d)(2)(C)(i) and §4999.33(d)(9) describe the qualifying degree program required to obtain licensure as an LMFT or an LPCC, if the applicant began graduate study after August 1, 2012. Unlike the requirements for graduate study prior to August 1, 2012, these sections do not specify that the instruction in child abuse assessment and reporting must be at least seven hours in length, and must meet the requirements of BPC § 28 (which outlines required course content and acceptable course providers). Because the requirements of BPC § 28 are still in SB 821 Page 8 effect, the BBS recommends an amendment to BPC §§ 4980.36 and 4999.33 that will clarify that the course must be seven hours in length and meet certain other requirements specified in BPC § 28. This will make it clearer to both applicants for licensure and BBS staff that the child abuse assessment and reporting instruction must still meet certain requirements. b) Hours Gained as an Independent Contractor . The law allows LMFT, LCSW and LPCC applicants to gain experience hours as a W-2 employee or a volunteer, but not as an independent contractor. However, the BBS sometimes receives applications for exam eligibility from individuals who are contracting and receiving a 1099 tax form. Some applicants think that because the statute says "employed," they can be 1099 employees, which is incorrect. The BBS desires to amend the law to clarify that experience gained as an independent contractor and/or reported on an IRS Form 1099 does not count toward licensure. SUPPORT AND OPPOSITION: Support: None received as of April 22, 2013 Opposition: None received as of April 22, 2013 Consultant: Le Ondra Clark, Ph.D.