BILL ANALYSIS Ó SB 1466 Page 1 SENATE THIRD READING SB 1466 (Business, Professions, and Consumer Protection Committee) As Amended August 18, 2014 Majority vote SENATE VOTE : 36-0 BUSINESS & PROFESSIONS 13-0 APPROPRIATIONS 16-1 ----------------------------------------------------------------- |Ayes:|Bonilla, Jones, |Ayes:|Gatto, Bigelow, | | |Bocanegra, Campos, | |Bocanegra, Bradford, Ian | | |Dickinson, Eggman, | |Calderon, Campos, Eggman, | | |Gordon, Hagman, Holden, | |Gomez, Holden, Jones, | | |Maienschein, Mullin, | |Linder, Pan, Quirk, | | |Skinner, Ting | |Ridley-Thomas, Wagner, | | | | |Weber | | | | | | |-----+--------------------------+-----+--------------------------| | | |Nays:|Donnelly | | | | | | ----------------------------------------------------------------- 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; and, b) Requires institutions formally affiliated with a medical school or a school of osteopathic medicine located outside SB 1466 Page 2 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; 2)Deletes the requirement that the applicant submit transcripts from an educational institution approved by the 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 SLPAHADB 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 SB 1466 Page 3 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 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) Contains amendments to address double jointing issues with AB 2213 (Eggman) of the current legislative session. 8) Makes other clarifying and technical changes. FISCAL EFFECT : According to the Assembly Appropriations Committee, costs to affected boards to incorporate changes from this bill into current practice are minor and absorbable. SB 1466 Page 4 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 Business, Professions and Economic Development (BPED) Committee. 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 Senate 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. 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 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. SB 1466 Page 5 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 (Doctor of Medicine degrees awarded) and osteopathic medical school (Doctor of Osteopathic Medicine 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. 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. 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 (Business, Professions and Economic Development Committee) Chapter 473, 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 SB 1466 Page 6 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. 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. 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 SB 1466 Page 7 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, 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. SB 1466 Page 8 Analysis Prepared by : Sarah Huchel / B., P. & C.P. / (916) 319-3301 FN: 0004666 0004505