BILL ANALYSIS Ó
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|Hearing Date: April 29, 2013 |Bill No:SB |
| |821 |
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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
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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))
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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
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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)
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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.
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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)
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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
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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.