BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1466|
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CONSENT
Bill No: SB 1466
Author: Senate Business, Professions and Economic Development
Committee
Amended: As introduced
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMM. : 9-0, 4/28/14
AYES: Lieu, Wyland, Berryhill, Block, Corbett, Galgiani,
Hernandez, Hill, Padilla
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Health care professionals
SOURCE : Author
DIGEST : This bill makes several non-controversial, minor,
nonsubstantive or technical changes to various provisions within
the Business and Professions Code (BPC) relating to the
regulatory boards of the Department of Consumer Affairs (DCA).
ANALYSIS :
Existing law:
1.Contains the following provisions relating to the Medical
Board of California (MBC):
A. Requires any physician and surgeon, or a person acting
under the physician and surgeon's orders or supervision,
CONTINUED
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who perform a scheduled medical procedure, outside of a
general acute care hospital, that results in the death of
any patient on whom that medical treatment was performed
on, to report that occurrence to MBC, in writing on a form
prescribed by MBC, within 15 days after the occurrence.
B. Requires institutions formally affiliated with a medical
school or a school of osteopathic medicine located outside
of located outside of the U.S. or Canada to be accredited.
For medical schools in the U.S., they are to be accredited
by the Joint Commission on Accreditation of Hospitals, and
for medical schools located in another country they are to
be accredited in accordance with the law of that country.
1.Contains the following provisions relating to the
Speech-Language Pathology and Audiology and Hearing Aid
Dispensers Board (SLPAHADB):
A. Requires that an applicant for licensure as a
speech-language pathologist or audiologist to submit
transcripts from an educational institution approved by
SLPAHADB evidencing completion of specified coursework, and
submit evidence of the completion of supervised clinical
practice.
B. Requires SLPAHADB to establish by regulation the
required number of clock hours of supervised clinical
practice necessary for the applicant.
1.Contains the following provisions relating to the Board of
Pharmacy (BOP):
A. Governs the regulation of the practice of pharmacy and
establishes BOP to administer and enforce these provisions.
B. Authorizes BOP to issue a license to an individual to
serve as a designated representative to provide sufficient
and qualified supervision in a wholesaler or veterinary
food-animal drug retailer.
C. Requires the licensee to 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.
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D. Defines a correctional pharmacy to mean a pharmacy,
licensed by BOP, located within a state correctional
facility, as specified.
1.Contains the following provisions relating to the California
Board of Behavioral Sciences (BBS):
A. Requires an applicant for a license as a marriage and
family therapist, social worker, or professional clinical
counselor, to participate in and obtain a passing score on
a BBS administered California law and ethics examination in
order to qualify for a license or renewal of a license.
This bill:
1.Makes the following changes relating to MBC:
A. Requires a physician and surgeon, or a person acting
under the physician and surgeon's orders or supervision,
who performs any medical procedure, outside of a general
acute care hospital, that results in the death of any
patient on whom that medical treatment was performed, to
report that occurrence to MBC, in writing on a form
prescribed by MBC, within 15 days after the occurrence.
B. Requires institutions formally affiliated with a medical
school or a school of osteopathic medicine located outside
of located outside of the U.S. or Canada to be accredited.
For medical schools in the U.S., they are to be accredited
by the Joint Commission on Accreditation of Hospitals or
the American Osteopathic Association's Healthcare
Facilities Accreditation Program (AOA-HFAP), and for
medical schools located in another country, they are to be
accredited in accordance with the law of that country.
1.Makes the following changes relating to SLPAHADB:
A. Deletes the requirement that the applicant submit
transcripts from an educational institution approved by
SLPAHADB evidencing completion of specified coursework.
B. Increases, to 375, the maximum number of clock hours
that SLPAHADB may establish by regulation.
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1.Makes the following changes relating to the BOP:
A. Requires an individual who applies for a designated
representative license to be at least 18 years of age.
B. Revises the definition of a correctional pharmacy to
mean a pharmacy licensed by BOP located within a
correctional facility, without regard to whether the
facility is a state or local correctional facility.
1.Makes the following changes relating to BBS:
A. Permits an applicant who holds a registration eligible
for renewal, and who applies for renewal of that
registration between January 1, 2016, and June 30,
2016, if eligible, to renew the registration without first
participating in the California law and ethics examination.
B. Requires the applicant to pass the California law and
ethics examination prior to licensure or issuance of a
subsequent registration number.
C. Permits an applicant who holds or has held a
registration, and who applies for a subsequent registration
number between January 1, 2016, and January 1, 2017, if
eligible, to obtain the subsequent registration number
without first passing the California law and ethics
examination, if he/she passes the law and ethics
examination at the next renewal period or prior to
licensure, whichever occurs first.
D. Requires courses on elder and dependent adult abuse and
neglect to be taken by licensed marriage and family
therapists (LMFTs).
E. Allows an LMFT or licensed professional clinical
counselor (LPCC) licensee, who already holds a license in
another state, to be exempt from re-taking the clinical
exam in order to obtain their California license if they
meet certain conditions.
F. Makes other technical, conforming and clarifying changes
relating to LMFTs and LPCCs.
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Background
This bill is one of two "committee bills" authored by the Senate
Business, Professions and Economic Development (BPED) Committee
and is intended to consolidate 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, professions and other regulatory agencies 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 changes
intended to improve the ability of various licensing programs
and other entities to efficiently and effectively administer
their respective laws.
MBC . Existing law (BPC Section 2240 (a)) requires a physician
who performs a scheduled medical procedure outside of a general
acute care hospital, that results in a death, to report the
occurrence to MBC within 15 days. MBC would like to ensure all
deaths in outpatient settings are reported to MBC, not just
those that resulted from a scheduled medical procedure.
Currently, MBC recognizes the Accreditation Council Graduate for
Medical Education (ACGME) accredited postgraduate training for
the purposes of allopathic medical school students' clinical
clerkship training and for the required postgraduate training
for licensure as a physician and surgeon. ACGME accredited
postgraduate training programs are at institutions that are
accredited by the Joint Commission on Accreditation of
Hospitals. Recently, ACGME has accredited postgraduate training
programs in hospitals that are accredited by the AOA-HFAP.
However, existing law specifically references the "Joint
Commission on Accreditation of Hospitals" as the hospital
accreditation agency for ACGME postgraduate training programs.
The American Osteopathic Association (AOA) accredits
postgraduate training for licensure purposes for osteopathic
medical school graduates. AOA accredited postgraduate training
programs are usually obtained in hospitals that are accredited
by the AOA-HFAP. ACGME and AOA have reached an agreement for
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ACGME to approve all postgraduate training programs for both
allopathic medical school (M.D. degrees awarded) and osteopathic
medical school (D.O. degrees awarded) graduates.
This change will require an amendment to BPC Section 2089.5 to
include the AOA-HFAP as an approved accreditation agency for
hospitals offering ACGME accredited postgraduate training
programs.
SLPAHADB . Current provisions in SLPAHADB's laws and regulations
do not specify that academic equivalency is intended only for
internationally trained students. Terminology used in the laws
and regulations is not consistent with international
institutions. Terms such as "graduate courses" or "semester
units" may not apply. The 300 clock hours of supervised
clinical practice needs to increase to 375 clock hours to mirror
the current requirements of all national accredited training
programs.
BOP . BPC Section 4053 specifies the minimum requirements
necessary to apply for a designated representative license. In
2013, this Section was amended to require an applicant for
licensure as a designated representative to have a minimum one
year of paid work experience in a facility licensed by BOP,
however, the Section does not specify a minimum age requirement
for such an individual.
As part of the provisions of SB 821 (Senate BPED Committee,
Chapter 473, Statutes of 2013), the Department of Corrections
and Rehabilitation (CDCR) requested and obtained approval to
create a new definition for "correctional pharmacy" defined as a
pharmacy located within a state correctional facility. This
change was important to CDCR because they have licensed
hospitals that distribute medication to inmates. This new
definition, however, excludes a local correctional facility that
meets the same guidelines as state correctional pharmacies.
BBS . Existing law for LMFT and LPCC degrees initiated prior to
August 1, 2012, requires an applicant to complete coursework in
aging and long term care, which must include instruction on the
assessment and reporting of, as well as treatment related to,
elder and dependent adult abuse and neglect. BPC Section
4980.36(d)(2), which applies to LMFT applicants who began their
degree program after August 1, 2012, requires instruction in
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aging, and also in long term care. However, it does not mention
any coursework requirement for elder and dependent adult abuse
and neglect.
Existing law allows an applicant for LMFT or LPCC licensure who
already holds a license in another state, to be exempt from
re-taking the clinical exam in order to obtain their California
license if they meet certain conditions. The conditions are as
follows:
1.They must have already taken and passed the national licensing
exam the BBS is accepting as the clinical exam; and
2.Their license or registration in the other jurisdiction is in
good standing, and has not been revoked, suspended,
surrendered, denied, or otherwise restricted or encumbered as
a result of any disciplinary proceeding brought by the
licensing authority of that jurisdiction.
There is a concern that the term "as a result of any
disciplinary proceeding brought by the licensing authority of
that jurisdiction" is unnecessarily restrictive to only
discipline brought by the licensing authority; in reality,
another entity could have brought forth discipline affecting the
license status.
BBS is in the process of implementing the examination
restructure, which will change the examination process for
applicants who are seeking licensure as an LMFT, clinical social
worker, or LPCC. SB 821 (Senate BPED Committee, Chapter 473,
Statutes of 2013) changed the implementation date of the
examination restructure from January 1, 2014 to January 1, 2016.
Currently, the law related to the exam restructure states that
a registrant shall take the California law and ethics
examination prior to registration renewal. In addition, the law
also states that the BBS shall not issue a subsequent
registration number to someone whose registration is expiring,
until they have passed the California law and ethics exam.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/12/14)
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Medical Board of California
ARGUMENTS IN SUPPORT : MBC writes, "The Board is supportive of
the provisions in SB 1466 that pertain to the MBC. MBC feels
that these provisions will help to ensure consumer protection
and allow the Board to operate in a more efficient manner."
MW:e 5/12/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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