BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 821
Author: Senate Business, Professions and Economic Development
Committee
Amended: 8/22/13
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
SENATE FLOOR : 39-0, 5/28/13 (Consent)
AYES: Anderson, Beall, Berryhill, Block, Calderon, Cannella,
Corbett, Correa, De León, DeSaulnier, Emmerson, Evans, Fuller,
Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff,
Jackson, Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen,
Padilla, Pavley, Price, Roth, Steinberg, Torres, Walters,
Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Vacancy
ASSEMBLY FLOOR : 77-0, 8/26/13 - See last page for vote
SUBJECT : Healing arts: boards
SOURCE : Author
DIGEST : This bill makes several technical and
noncontroversial changes to provisions within the Business and
Professions Code (BPC) related to the regulation of the Dental
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Board of California (DBC), California Board of Optometry (CBO),
Board of Behavioral Sciences (BBS), and Board of Pharmacy (BOP),
as well as dental hygienists regulated under the Welfare and
Institutions Code, as specified.
Assembly Amendments (1) delete the provision specifying that the
use, application and integration of specified coursework and
experience may be a part of the definition of professional
clinical counseling principles and methods; (2) add the direct
counseling of couples or families to the 1,750 hours of direct
counseling currently required of licensed professional clinical
counselor (LPCC) applicants, as specified; and (3) make other
minor technical changes.
ANALYSIS :
Existing law:
1. Makes the following provisions relating to the BBS:
A. Describes the qualifying degree program required to
obtain licensure as a licensed marriage and family
therapist (LMFT) or an 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).
E. States 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.
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
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for professional clinical counselor (PCC) interns.
H. Defines the practice of clinical social work and the
practice of professional clinical counseling.
2. Provides that the DBC shall have and use a seal bearing the
name "Board of Dental Examiners of California."
3. Makes the following provisions relating to the Dental Hygiene
Committee of California (DHC):
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.
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,
as specified.
4. Makes the following provisions relating to the CBO:
A. Authorizes the CBO to grant or refuse to grant
certificates of registration, as specified, and may revoke
or suspend the certificate of registration of any
optometrist for any cause, as specified.
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.
5. Makes the following provisions relating to the BOP:
A. Permits the BOP to issue a license to a designated
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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.
B. Specifies the minimum requirements necessary to apply
for a designated representative license, for purpose of
the pharmacy law.
C. 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.
This bill makes the following provisions relating to the:
BBS
1. Specifies that the qualifying degree program required to
obtain licensure as an LMFT or an LPCC must include a minimum
of seven contact hours of training or coursework in child
abuse assessment and reporting as specified.
2. Revises the operative date for specified requirements for
licensure as an LMFT from January 1, 2014 to January 1, 2016.
3. Clarifies that the delinquent renewal fee for an LEP shall be
a maximum amount of $75.
4. Extends the operational date of specified requirements for
licensure as an LCSW from January 1, 2014 to January 1, 2016.
5. 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
principles and methods.
6. Requires all applicants for licensure as an LCSW to be at all
times under the supervision of a supervisor who shall be
responsible for ensuring that the extent, kind, and quality
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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.
7. Adds the direct counseling of couples or families to the
1,750 hours of direct counseling currently required of LPCC
applicants, as specified.
8. 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.
9. Specifies that PCC interns are not required to have direct
supervision for attendance at workshops, seminars, training
sessions or conferences.
10.Extends the operational and repeal dates for specified
requirements for licensure as an LPCC from January 1, 2014 to
January, 1 2016.
DBC
11.Revises the seal utilized by the DBC from "Board of Dental
Examiners of California" to the "Dental Board of California."
DHC
12.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.
CBO
13.Clarifies that in the context of optometry, the preferred
name for a license is "optometrist license" and the preferred
name for certifications is "optometrist certification(s)."
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BOP
14.Defines the term "correctional pharmacy" to mean a pharmacy,
licensed by the BOP, located within a state correctional
facility for the purpose of providing pharmaceutical care to
inmates of the state correctional facility.
15.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.
16.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.
This bill makes other technical and clarifying changes.
Comments
According to the author, "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."
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
ASSEMBLY FLOOR : 77-0, 8/26/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier, Beth
Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin,
Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea,
V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas,
Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Donnelly, Vacancy, Vacancy
MW:d 8/28/13 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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