BILL ANALYSIS Ó SB 821 Page 1 SENATE THIRD READING SB 821 (Business, Professions and Economic Development Committee) As Amended August 22, 2013 Majority vote SENATE VOTE : 39-0 BUSINESS & PROFESSIONS 13-0 APPROPRIATIONS 16-0 ----------------------------------------------------------------- |Ayes:|Gordon, Jones, Bocanegra, |Ayes:|Gatto, Harkey, Bigelow, | | |Campos, Dickinson, | |Bocanegra, Bradford, Ian | | |Bonilla, Hagman, Holden, | |Calderon, Campos, Eggman, | | |Maienschein, Mullin, | |Gomez, Hall, Holden, | | |Skinner, Ting, Wilk | |Linder, Pan, Quirk, | | | | |Wagner, Weber | ----------------------------------------------------------------- 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. SB 821 Page 2 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; 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)Clarifies that the delinquent renewal fee for a Licensed Educational Psychologist (LEP) shall be a maximum amount of $75. 9)Extends the operational date of specified requirements for licensure as a Licensed Clinical Social Worker (LCSW) from January 1, 2014 to January 1, 2016. 10)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. 11)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 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. SB 821 Page 3 12)Adds the direct counseling of couples or families to the 1,750 hours of direct counseling currently required of LPCC applicants, as specified. 13)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. 14)Specifies that Professional Clinical Counseling (PCC) interns are not required to have direct supervision for attendance at workshops, seminars, training sessions or conferences. 15)Extends the operational and repeal dates for specified requirements for licensure as a LPCC from January 1, 2014 to January, 1 2016. 16)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. 17)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) SB 821 Page 4 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) 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 BO 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) SB 821 Page 5 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 : According to the Assembly Appropriations Committee, minor and absorbable costs to the affected boards. COMMENTS : 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 SB 821 Page 6 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." 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 SB 821 Page 7 "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 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. Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916) 319-3301 FN: 0001800