BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1466|
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UNFINISHED BUSINESS
Bill No: SB 1466
Author: Senate Business, Professions and Economic Development
Committee
Amended: 8/18/14
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
SENATE FLOOR : 36-0, 5/15/14 (Consent)
AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett,
Correa, De León, DeSaulnier, Evans, Fuller, Gaines, Galgiani,
Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara,
Leno, Lieu, Liu, Mitchell, Monning, Morrell, Nielsen, Padilla,
Pavley, Roth, Steinberg, Torres, Vidak, Wolk, Wyland
NO VOTE RECORDED: Calderon, Walters, Wright, Yee
ASSEMBLY FLOOR : 75-1, 8/20/14 - See last page for vote
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).
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Assembly Amendments delete outdated provisions; make conforming,
clarifying, and technical changes; and double-joint this bill
with AB 2213 (Eggman).
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,
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.
C. Requires MBC to adopt regulations, by January 1, 2009,
and January 1, 2013, regarding the use of laser or intense
pulse light devices for elective cosmetic procedures.
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
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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.
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 Board of
Behavioral Sciences (BBS):
A. Requires an applicant for licensure 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 licensure 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
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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.
C. Deletes outdated provisions requiring MBC to adopt
regulations relative to the use of laser or intense pulse
light devices for elective cosmetic procedures.
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.
C. 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.
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,
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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. 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. Allows an LMFT or licensed professional clinical
counselor 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.
1.Makes clarifying and technical changes.
2.Contains double-jointing language with AB 2213 (Eggman).
Background
This bill is one of two "committee bills" authored by the Senate
Business, Professions and Economic Development Committee and is
intended to consolidate a number of non-controversial provisions
related to various regulatory programs and professions governed
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/20/14)
Board of Psychology
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."
ASSEMBLY FLOOR : 75-1, 8/20/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Hagman,
Hall, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer,
Levine, Linder, Logue, Lowenthal, Maienschein, Medina,
Melendez, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan,
Patterson, Perea, John A. Pérez, V. Manuel Pérez, Quirk,
Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner,
Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, Atkins
NOES: Donnelly
NO VOTE RECORDED: Beth Gaines, Grove, Mansoor, Vacancy
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MW:e 8/20/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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