BILL ANALYSIS Ó
SB 821
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Date of Hearing: June 25, 2013
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Richard S. Gordon, Chair
SB 821 (Business, Professions and Economic Development) - As
Amended: June 19, 2013
SENATE VOTE : 39-0
SUBJECT : Healing arts.
SUMMARY : Makes several technical and noncontroversial changes
to provisions within the Business and Professions Code (BPC)
related to the regulation of the Dental Board of California
(DBC), Board of Optometry (BO) Board of Behavioral Sciences
(BBS), as well as dental hygienists regulated under the Welfare
and Institutions Code (WIC), as specified. Specifically, this
bill :
1)Revises the seal utilized by the DBC from "Board of Dental
Examiners of California" to the "Dental Board of California".
2)Clarifies the in the context of optometry, preferred name for
a license is "optometrist license" and the preferred name for
certifications is "optometrist certification(s)."
3)Defines the term "correctional pharmacy" to mean "a pharmacy,
licensed by the Board of Pharmacy (BOP), located within a
state correctional facility for the purpose of providing
pharmaceutical care to inmates of the state correctional
facility."
4)Specifies that one year of paid work experience in a licensed
pharmacy or with a drug wholesaler, drug distributor, or drug
manufacturer as specified, meets a requirement for a
designated representative license in a wholesaler or
veterinary food-animal drug retailer.
5)Revises the BOP's authority to not issue more than one site
license to a single premise except as follows:
a) To issue a veterinary food-animal drug retailer license
to a wholesaler, as specified;
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b) To issue a license to compound sterile injectable drugs
to a pharmacy, as specified; and
c) To issue a centralized hospital packaging license, as
specified.
6)Specifies that the qualifying degree program required to
obtain licensure as a Licensed Marriage and Family Therapist
(LMFT) or a Licensed Professional Clinical Counselor (LPCC)
must include a minimum of seven contact hours of training or
coursework in child abuse assessment and reporting as
specified.
7)Revises the operation date for specified requirements for
licensure as a LMFT from 2014 to 2016.
8)Specifies that LMFT applicants may obtain supervised
experience only as an employee or volunteer, and further
specifies that experience may not be gained by interns or
trainees for work performed as an independent contractor or
reported on specified IRS Form 1099.
9)Specifies that an LMFT applicant licensed outside of
California that has less than 3000 hours of qualifying
supervised experience, may count their supervised experience
as substantially equivalent with time actively licensed as a
LMFT, at a rate of 100 hours per month up to a maximum of 1200
hours.
10)Clarifies that the delinquent renewal fee for a Licensed
Educational Psychologist (LEP) shall be a maximum amount of
$75.
11)Extends the operational date of specified requirements for
licensure as a Licensed Clinical Social Worker (LCSW) from
January 1, 2014 to January 1, 2016.
12)Clarifies that the use, application and integration of
specified social work coursework and experience shall be
considered a part of the application of social work principals
and methods.
13)Requires all applicants for licensure as LCSW to be at all
times under the supervision of a supervisor who shall be
responsible for ensuring that the extent, kind, and quality of
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counseling performed is consistent with the training and
experience of the person being supervised, and who shall be
responsible to the BBS for compliance with all laws, rules,
and regulations governing the practice of clinical social
work.
14)Clarifies that the use, application and integration of
specified coursework and experience may be a part of the
definition of professional clinical counseling principals and
methods.
15)Allows an applicant for LPCC licensure to obtain up to 375
hours of experience providing personal psychotherapy, crisis
counseling or other counseling services via telehealth as
specified.
16)Specifies that Professional Clinical Counseling (PCC) interns
are not required to have direct supervision for attendance at
workshops, seminars, training sessions or conferences.
17)Specifies that PCCs trainees, interns, and applicants may
obtain supervised experience only as an employee or volunteer,
and further specifies that experience may not be gained by
interns or trainees for work performed as an independent
contractor or reported on an IRS Form 1099.
18)Extends the operational and repeal dates for specified
requirements for licensure as a LPCC from January 1, 2014 to
January, 1 2016.
19)Specifies that an LPCC applicant licensed outside of
California that has less than 3000 hours of qualifying
supervised experience, may count their supervised experience
as substantially equivalent with time actively licensed as an
LPCC, at a rate of 100 hours per month up to a maximum of 1200
hours.
20)Specifies that all dental hygiene services provided by a
registered dental hygienist in extended functions, and a
registered dental hygienist in alternative practice as
specified, may be covered as long as they are within the scope
of the Denti-Cal benefits as specified, and the services are
provided by a registered dental hygienist in extended
functions or registered dental hygienist in alternative
practice.
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21)Makes other technical and clarifying changes.
EXISTING LAW
1)Describes the qualifying degree program required to obtain
licensure as a LMFT or a LPCC, if the applicant began graduate
study after August 1, 2012. (BPC 4980.36; 4999.33)
2)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; 4996.23; and 4999.47)
3)Specifies examination eligibility requirements for
out-of-state LMFT and LPCC licensees. (BPC 4980.72 and
4999.60)
4)Specifies that the delinquent renewal fee for a license is $75
for LEPs. (BPC 4989.68 and 4996.3)
5)Specifies that LCSW 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)
6)Allows an LPCC applicant to count up to 250 hours of
experience providing crisis counseling over the telephone.
(BPC 4999.46)
7)Outlines the requirements for direct supervisor contact for
PCC interns. (BPC 4999.46)
8)Defines the practice of clinical social work and professional
clinical counseling. (BPC 4996.9, 4999.20).
9)Permits the DBC to have and use a seal bearing the name "Board
of Dental Examiners of California." (BPC 1613)
10)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)
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11)Specifies that a registered dental hygienist in alternative
practice may operate one mobile dental hygiene clinic
registered as a dental hygiene office or facility as
specified. (BPC 1926.2)
12)Allows the OB to grant or refuse to grant a certificate of
registration as specified and may revoke or suspend the
certificate of registration of any optometrist for any cause
as specified. (BPC 3024)
13)Allows the BO to make and promulgate rules and regulations
governing the procedures of the BO, the admission of
applicants for examination for optometrists and the practice
of optometry. (BPC 3025)
14)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)
15)Defines a controlled substance, as specified, for purpose of
the Pharmacy law. (BPC 4021)
16)Permits the BOP to issue a license to a designated
representative to provide sufficient and qualified supervision
in a wholesaler or veterinary food-animal drug retailer and
specifies that the designated representative shall protect the
public health and safety in the handling, storage, and
shipment of dangerous drugs and dangerous devices in the
wholesaler of veterinary food-animal drug retailer. (BPC 4053)
17)Specifies the minimum requirements necessary to apply for a
designated representative license, for purpose of the Pharmacy
law. (BPC 4053)
18)Specifies that the BOP may not issue more than one site
license to a single premise except to issue a veterinary
food-animal drug retailer license to a wholesaler or to issue
a license to compound sterile injectable drugs to a pharmacy
as specified. (BPC 4107)
FISCAL EFFECT : Unknown
COMMENTS :
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1)Purpose of this bill . This is a "Committee bill" authored by
the Senate Business, Professions and Economic Development
Committee (BPED) for the purpose of consolidating multiple,
non-controversial revisions to existing law into a single
bill. The provisions contained in this bill make minor,
technical, clarifying and other non-controversial substantive
changes to several health-related boards regulated under the
DCA.
Specifically, this bill makes various changes to the licensure
requirements for LMFTs, LEPs, LCSWs and LPCCs, and revises
their operational and repeal dates by two years; revises the
preferred title for optometrist licenses and certifications;
revises the current stamp utilized by the DBC; adds registered
dental hygienists and registered hygienists in extended
functions to statute in order to allow specified practitioners
to bill and be paid for the services provided; defines a
correctional pharmacy; and specifies the work experience
required to obtain a designated representative license. This
bill is author sponsored.
2)Author's statement . According to the author, "This bill is
the annual Omnibus Committee bill authored by the [BPED] 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."
3)Dental Board of California . The DBC was created by the
Legislature and provides for the licensure and regulation of
dental health professionals in California. The DBC regulates
approximately 100,000 licensed dental health professionals
including dentists, registered dental assistants and
registered dental assistants in extended functions.
This bill would update the seal used by the DBC to properly
reflect its formal name "Dental Board of California."
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Currently, mobile units are licensed by the Department of
Health Care Services and regulated by the DBC. This bill
would update those provisions allowing a registered dental
hygienist in alternative practice to operate one mobile dental
hygiene clinic registered as a dental hygiene office or
facility. Lastly, this bill updates the Welfare and
Institutions Code (WIC) to provide that 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.
4)Board of Optometry . The BO is responsible for the regulatory
oversight of approximately 9,000 optometrists, the largest
population of optometrists in the United States. In 1913, a
new Optometry Practice Act was enacted creating the BO,
defining its duties and powers, and prescribing a penalty for
a violation of the Act. This bill simply updates current law
regarding the preferred name of an optometrist's authorization
to practice from "certificate of registration" to an
"optometrist license".
5)California Board of Pharmacy . The BOP was established in 1891
to protect consumers by licensing and regulating those
responsible for dispensing medications to the public. The BOP
oversees all aspects of the practice of pharmacy, including
the practitioner, practice site, and drugs and devices. The
BOP also regulates drug manufactures. This bill updates the
provisions of law relating to who may apply for a designated
representative license and also adds the definition of a
correctional pharmacy.
6)Board of Behavioral Sciences . The BBS regulates professionals
who generally perform counseling services, but are not
registered psychologists or psychiatrists. The BBS regulates
four different licensing categories: LMFTs, LCSWs, LPCCs, and
LEPs. The BBS oversees a population of approximately 80,000
licensees.
Current law describes 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 other specified requirements. Because
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the current requirements are still in effect, the BBS seeks a
clarifying provision specifying the course must be seven hours
in length and meet other requirements in current law. This
bill will provide clarity to both applicants for licensure and
BBS staff that the child abuse assessment and reporting
instruction must still meet certain requirements.
Additionally, current 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. This bill
specifically states that those applicants who obtain
experience as a contractor will not be counted for licensure
requirements. This bill makes other technical and clarifying
provisions to the BBS.
7)Technical amendments . The Committee recommends the following
technical amendments to address any potential concerns with
this bill relating to supervised experience for applicants for
licensure as LPCC and LMFT:
On page 23, line 12, after the word "trainees" strike "for
work performed" and strike line 13.
On page 51, strike lines 14-16.
On page 64, line 33, after the word "trainees" strike "for
work performed" and on line 34, after "contractor" strike
"or reported on an IRS Form 1099."
8)Related legislation . SB 822 (Senate Committee on Business,
Professions and Economic Development) makes several technical
changes to provisions within the BPC related to the regulation
of various professions, including those overseen by the
California Board of Accountancy, the Contractors' State
License Board, the Board of Guide Dogs for the Blind, and the
Board for Professional Engineers, Land Surveyors and
Geologists. This bill is pending in the Assembly
Appropriations Committee.
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SB 823 (Senate Committee on Business, Professions and Economic
Development) revises the qualifications for certified public
accountant licensure in order to smooth the transition to the
new requirements for some applicants, and reestablishes
certain provisions regarding the administration of the
Transcript Reimbursement Fund operated by the Court Reporters
Board of California. This bill is pending in the Assembly
Appropriations Committee.
9)Potential chaptering out conflict . This bill amends the same
code section (BPC 4999.20) as SB 243 (Wyland) of 2013, which
revises the current training and education requirements for
LPCCs in order for them to complete the training needed for
treatment of couples or families during a degree program,
rather than after the program. SB 243 is currently pending on
the Assembly Floor. If both measures continue to move,
chaptering out language will need to be added to the bill and
SB 243 to prevent a conflict.
This bill also amends the same code section (WIC 14132) as SB
X1 (Ed Hernandez and Steinberg), which establishes the
existing Medi-Cal benefit package as the benefit package for
the expansion population eligible under the Affordable Care
Act (ACA). SB X1 recently passed both the Assembly and Senate
and is pending in enrolling. If this bill continues to move
forward, chaptering out language will need to be added to this
bill to prevent a conflict.
REGISTERED SUPPORT / OPPOSITION :
Support
Board of Behavioral Sciences
Opposition
None on file.
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301
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