BILL ANALYSIS Ó
SB 1466
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Date of Hearing: June 24, 2014
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Susan A. Bonilla, Chair
SB 1466 ( Business, Professions and Economic Development) - As
Amended: June 2, 2014
SENATE VOTE : 36-0
SUBJECT : Health care professionals.
SUMMARY : Makes non-controversial, minor, non-substantive 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).Specifically, this bill :
1)Makes the following changes relating to the Medical Board of
California (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 the MBC, in writing on a form
prescribed by the 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 the United States or Canada to be accredited. For
medical schools in the United States, they are to be
accredited by the Joint Commission on Accreditation of
Hospitals or the American Osteopathic Association's
Healthcare Facilities Accreditation Program, and for
medical schools located in another country, they are to be
accredited in accordance with the law of that country;
c) Requires on or before January 1, 2016, MBC to adopt
regulations regarding the appropriate level of physician
availability needed within clinics or other settings.
2)Deletes the requirement that the applicant submit transcripts
from an educational institution approved by the
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Speech-Language Pathology and Audiology and Hearing Aid
Dispensers Board (SLPAHADB) evidencing completion of specified
coursework, and increases the maximum number of clock hours
that the Board may establish by regulation to 375.
3)Prohibits an audiologist who is not a licensed dispensing
audiologist from employing a licensed hearing aid dispenser.
4)Prohibits a licensed hearing aid dispenser from employing any
physician and surgeon or any audiologist who is not a licensed
dispensing audiologist or hearing aid dispenser, or contract
with a medical corporation licensed, as specified, for the
purpose of fitting or selling hearing aids.
5) Makes the following changes relating to the California State
Board of Pharmacy (BOP):
a) Requires an individual who applies for a designated
representative license to be at least 18 years of age; and,
b) Revises the definition of a "correctional pharmacy" to
mean a pharmacy licensed by the BOP located within a
correctional facility, without regard to whether the
facility is a state or local correctional facility.
6)Makes the following changes relating to the California Board
of Behavioral Sciences (BBS):
a) Permits a Licensed Marriage and Family Therapists
(LMFT), Licensed Professional Clinical Counselor (LPCC),
and Licensed Clinical Social Worker (LCSW) 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 LMFT, LPCC, and LCSW 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
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number without first passing the California law and ethics
examination, if he or 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 (LMFTs);
e) Repeals provisions of law relating to fictitious-name
permits;
f) Permits LMFTs to obtain 75 hours in combined, rather
than either, client centered advocacy and face-to-face
experience counseling individuals, couples, families, or
groups.
g) Clarifies time periods for applicant registrations;
h) Allows a LMFT or 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; and,
i) Makes other technical, conforming and clarifying changes
relating to LMFTs and LPCCs.
7) Makes other clarifying and technical changes.
EXISTING LAW :
1) Provides for the licensing and regulation of various
professions and businesses by the
23 boards, 4 committees, 9 bureaus and 1 commission within
the DCA under various licensing acts within the Business and
Professions Code BPC. (BPC)
2) Contains the following provisions relating to the MBC:
a) Requires any physician and surgeon, or a person acting
under the physician and surgeon's orders or supervision,
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 the MBC, in writing on a
form prescribed by the MBC, within 15 days after the
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occurrence; (BPC 2240 (a)) and,
b) Requires institutions formally affiliated with a medical
school or a school of osteopathic medicine located outside
of located outside of the United States or Canada to be
accredited. For medical schools in the United States, 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.
(BPC 2089.5 (e) (3))
3) Contains the following provisions relating to the SLPAHADB:
a) Requires that an applicant for licensure as a
speech-language pathologist or audiologist to submit
transcripts from an educational institution approved by the
SLPAHADB evidencing completion of specified coursework, and
submit evidence of the completion of supervised clinical
practice; (BPC 2532.2 et seq.) and,
b) Requires the SLPAHADB to establish by regulation the
required number of clock hours of supervised clinical
practice necessary for the applicant. (BPC 2532.2 et seq.)
4) Contains the following provisions relating to BOP:
a) Governs the regulation of the practice of pharmacy and
establishes the SBP to administer and enforce these
provisions; (BPC 4001 et seq.)
b) Authorizes the 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; (BPC 4053 et seq.)
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; (BPC 4053 et seq.) and,
d) Defines a correctional pharmacy to mean a pharmacy,
licensed by the SBP, located within a state correctional
facility, as specified. (BPC 4021.5)
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5) Requires an applicant for a license as a marriage and family
therapists, 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. (BPC
4980)
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of this bill . This bill makes non-controversial,
minor, non-substantive or technical changes to various
provisions within the BPC relating to the regulatory boards of
the DCA. This bill is sponsored by the Senate Committee on
Business, Professions and Economic Development (BPED).
2)Author's statement . According to the author's office, "The
changes [in this bill] appear to be non-controversial and are
intended to clarify, update and strengthen licensing laws."
3)Omnibus bill . This bill is one of two "committee bills"
authored by the 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.
4)Medical Board of California (MBC). Existing law 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. The MBC would
like to ensure all deaths in outpatient settings are reported
to the MBC, not just those that resulted from a scheduled
medical procedure.
Currently, the 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
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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 American Osteopathic Association's
Healthcare Facilities Accreditation Program (AOA-HFAP).
However, existing law specifically references the "Joint
Commission on Accreditation of Hospitals" as the hospital
accreditation agency for ACGME postgraduate training programs.
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 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 bill will add the AOA-HFAP as an approved accreditation
agency for hospitals offering ACGME accredited postgraduate
training programs.
5)Speech-Language Pathology and Audiology and Hearing Aid
Dispensers Board (SLPAHADB). Current provisions in the
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.
6)California State Board of Pharmacy (BOP). Current law
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 the BOP, however, the
section does not specify a minimum age requirement for such an
individual.
Last year, as part of the provisions of SB 821(Committee on
Business, Professions and Economic Development) Chapter 473,
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Statutes of 2013, The California 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. The new
definition excluded a local correctional facility which meets
the same guidelines as state correctional pharmacies, this
bill revises the definition to mean a pharmacy licensed by the
BOP regardless if the facility is a state or local
correctional facility.
7)California Board of Behavioral Sciences (BBS). Current 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. Current law which applies
to LMFT applicants who began their degree program after August
1, 2012, requires instruction in aging, and also in long term
care. However, it does not mention any coursework requirement
for elder and dependent adult abuse and neglect.
Current 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:
a) They must have already taken and passed the national
licensing exam the BBS is accepting as the clinical exam;
and
b) 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.
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The BBS is in the process of implementing the examination
restructure, which will change the examination process for
applicants who are seeking licensure as a LMFT, LCSW, or LPCC.
Recently, SB 821 changed the implementation date of the
examination restructure from January 1, 2014 to January 1,
2016. The need for additional changes is based on questions
the BBS has received regarding renewal of intern and associate
registrations in the months after January 1, 2016, when the
examination restructure becomes effective. 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.
This raises two potential problems:
a) An intern or associate renewing a registration in the
months after January 1, 2016, will not have had much time
to attempt the California law and ethics exam as the exam
will not begin to be offered until January 1, 2016; and,
b) As of January 1, 2016, an intern or associate who has an
expiring registration number (because they have held it six
years) will be required to pass the California law and
ethics exam prior to being issued their second registration
number. However, this is a new requirement, leaving those
with a registration that expires after January 1, 2016
with little time to prepare.
In order to address these potential problems in an equitable
manner, the BBS proposes two amendments:
a) Allow an applicant who holds an active registration, who
applies for renewal of that registration between January 1,
2016 and June 30, 2016 to be allowed, if eligible, to renew
his or her registration without first participating in the
California law and ethics examination. Under this
scenario, these registrants will be required to participate
in the California law and ethics examination when they
apply for their next renewal. This will ensure they have
adequate advance notice to sign up for and prepare for the
exam; and,
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b) Allow an applicant who holds an active registration,
who applies for a subsequent registration number between
January 1, 2016 and January 1, 2017, to be allowed, if
eligible, to obtain the subsequent registration number
without first passing the California law and ethics
examination.
8)Suggested amendments . The author may wish to consider
removing the following sections because these issues need
further discussion:
a) Section 3, relating to regulations regarding physician
availability;
b) Section 8, relating to additional clock hours to obtain
a speech-language pathologist or audiologist license; and,
c) Section 17, references to replacing "co-occurring" with
"cooccurring"
9)Arguments in support . MBC writes, "The Board is supportive of
the provisions in SB 1466 that pertain to the MBC. The MBC
feels that these provisions will help to ensure consumer
protection and allow the Board to operate in a more efficient
manner."
10)Previous legislation . SB 821(Committee on Business,
Professions and Economic Development) Chapter 473, Statutes of
2013, makes several technical and noncontroversial changes to
provisions within the BPC related to the regulation of the
Dental Board of California, California Board of Optometry,
BBS, and BOP, as well as dental hygienists regulated under the
Welfare and Institutions Code, as specified
REGISTERED SUPPORT / OPPOSITION :
Support
The Board of Psychology
The Medical Board of California
Opposition
None on file.
SB 1466
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Analysis Prepared by : Sarah Huchel / B.,P. & C.P. / (916)
319-3301