BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 821|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 821
Author: Senate Business, Professions and Economic Development
Committee
Amended: 4/23/13
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 : Senate Rule 28.8
SUBJECT : Healing arts: boards
SOURCE : Author
DIGEST : This bill makes several non-controversial minor,
nonsubstantive or technical changes to various provisions
pertaining to the health-related regulatory boards of the
Department of Consumer Affairs (DCA).
ANALYSIS :
Existing law:
1. Provides for the licensing and regulation of various
professions and businesses under various licensing acts
within the Business and Professions Code (BPC).
2. Makes the following provisions relating to the Board of
CONTINUED
SB 821
Page
2
Behavioral Sciences (BBS):
A. Describes the qualifying degree program required to
obtain licensure as a licensed marriage and family
therapist (LMFT) or a licensed professional clinical
counselor (LPCC), if the applicant began graduate study
after August 1, 2012.
B. Allows LMFT, licensed clinical social worker (LCSW),
and LPCC applicants to gain experience hours as a W-2
employee or a volunteer.
C. Specifies examination eligibility requirements for
out-of-state LMFT and LPCC licensees.
D. States that the delinquent renewal fee for a license is
$75 for licensed educational psychologists (LEPs) and
LCSWs, respectively.
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.
F. Allows an LPCC applicant to count up to 250 hours of
experience providing crisis counseling over the telephone.
G. Outlines the requirements for direct supervisor contact
for professional clinical counselor (PCC) interns.
H. Defines the practice of clinical social work and the
practice of professional clinical counseling.
3. Provides that the Dental Board of California (DBC) shall have
and use a seal bearing the name "Board of Dental Examiners of
California."
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
CONTINUED
SB 821
Page
3
practice of dental hygiene or perform dental hygiene
procedures on patients.
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.
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.
5. 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.
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.
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/herself out as an
optometrist without having first obtained a certificate of
registration.
D. Establishes the educational and examination
requirements for licensure and use of pharmaceutical
agents.
E. Outlines standards for evidence of education in the
areas of child abuse, alcoholism and substance dependency.
F. Specifies eligibility requirements for graduates from
foreign universities.
CONTINUED
SB 821
Page
4
G. Defines "branch office licenses" and specifies
provisions of such licenses.
H. Specifies the procedure for reinstating a license after
revocation.
I. Provides guidelines for the use of "Dr." or "O.D."
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 or figures that advertise
or have a tendency to advertise the practice of optometry.
K. Clarifies that the false representation of facts is
unprofessional conduct.
L. 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.
M. 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.
N. Includes various specifications regarding the name of
an optometric corporation.
6. 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.
B. Specifies that a hospital pharmacy also includes a
pharmacy that may be located outside of the hospital, in
CONTINUED
SB 821
Page
5
another physical plant that is regulated under a
hospital's consolidated license issued.
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
Department of Public Health where certain supplies, drugs
and devices are stored.
D. Specifies the minimum requirements necessary to apply
for a designated representative license.
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.
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.
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.
D. Amends the delinquency fee requirements for LEPs and
LCSWs to not exceed $75.
E. Clarifies that associate clinical social workers must
at all times be under the supervision of a supervisor who
is responsible to the BBS.
F. Allows up to 375 experience hours to be gained
providing telehealth counseling for LPCC applicants
consistent with what is allowed for LMFT applicants.
G. Specifies that PCC interns are not required to have
direct supervision for attendance at workshops, seminars,
training sessions, or conferences.
CONTINUED
SB 821
Page
6
H. Specifies that the practice of clinical social work
includes the use, application and integration of the
coursework and experience required by BPC Section 4996.2
(which describes required training and education) and BPC
Section 4996.23 (which describes required supervised
experience).
I. Makes the law regarding scope of practice for LPCCs
more consistent with the scope of practice law for the
BBSs other license types.
J. Specifies that work performed as an independent
contractor or reported on the Internal Revenue Service
(IRS) 1099 form cannot count towards clinical training
experience for PCC interns or trainees.
2. As it relates to the CBO, clarifies the preferred name for a
license is "optometrist license" and the preferred name for
certifications is "optometrist certification(s)" and makes
conforming changes.
3. Replaces the phrase "Board of Dental Examiners of California"
with "Dental Board of California."
4. Makes the following changes relating to the DHCC:
A. Replaces 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
Section 1926.2(b) from "Article 3.5" to "Article 9" and
BPC Section "1658" to Section "1925."
C. Adds "registered dental hygienist" and "registered
dental hygienist in extended functions" to Welfare and
Institution Codes Section 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.
5. Makes the following changes relating to the BOP:
A. Provides the BOP with the express authority to issue a
CONTINUED
SB 821
Page
7
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.
C. Specifies the setting in which the one year of paid
work experience must be earned.
Comment
This bill is one of the annual Omnibus Committee bills authored
by the Senate Business, Professions and Economic Development
Committee which consolidates a number of non-controversial
provisions related to various regulatory programs and
professions governed by the BPC. 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
MW:d 5/17/13 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
**** END ****
CONTINUED