BILL ANALYSIS Ó
AB 178
Page 1
ASSEMBLY THIRD READING
AB
178 (Bonilla)
As Amended May 4, 2015
2/3 vote. Urgency
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+--------------------+----------------------|
|Business & |14-0 |Bonilla, Jones, | |
|Professions | |Baker, Bloom, | |
| | |Burke, Chang, Dodd, | |
| | |Eggman, Gatto, | |
| | |Holden, Mullin, | |
| | |Ting, Wilk, Wood | |
| | | | |
| | | | |
|----------------+------+--------------------+----------------------|
|Appropriations |17-0 |Gomez, Bigelow, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, | |
| | |Eggman, Gallagher, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Gordon, Holden, | |
| | |Jones, Quirk, | |
| | |Rendon, Wagner, | |
| | |Weber, Wood | |
| | | | |
AB 178
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| | | | |
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SUMMARY: Removes the requirement that the executive officer of
the Board of Vocational Nursing and Psychiatric Technicians
(BVNPT) be a licensed vocational nurse, registered nurse, or
psychiatric technician, requires the director of the Department of
Consumer Affairs (DCA) to appoint an enforcement program monitor
(monitor) no later than October 1, 2015, removes the requirement
for registered dental assistants (RDAs) to pass a practical exam,
and declares that it is to take effect immediately as an urgency
statute. Specifically, this bill:
1)Removes the requirement that the executive officer be a licensed
vocational nurse, registered nurse, or psychiatric technician.
2)Requires the director of the DCA to appoint the monitor no later
than October 1, 2015.
3)Requires the monitor to monitor and evaluate the vocational
nursing and psychiatric technician system and procedures for a
period of no more than two years, as specified.
4)Requires the monitor to submit a report of his or her findings
and conclusions to the Legislature, the DCA, and the BVNPT by
April 1, 2016, subsequent reports by October 1, 2016, and
February 1, 2017, and a final report by August 1, 2017.
5)Requires the BVNPT and its staff to cooperate with the monitor.
6)Requires the DCA's internal audit unit to review the BVNPT's
staffing resources needs and requirements, and require the
Director of the DCA to provide the Legislature with a copy of
the review no later than October 1, 2016.
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7)Repeals the BVNPT provisions on January 1, 2018.
8)Removes the requirement that an RDA pass a practical examination
until July 1, 2017.
9)Requires the DBC, in consultation with the Office of
Professional Examination Services, to determine on or before
July 1, 2017, whether a practical examination is necessary to
demonstrate the competency of registered dental assistants and
to submit that determination to the appropriate policy
committees of the Legislature by that date, as specified.
10) Makes related conforming changes.
11)States that no reimbursement is required by this act for a
specified reason.
12)Declares that the bill take effect immediately as an urgency
statute.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, costs of $350,000 to the Vocational Nursing and
Psychiatric Technicians Fund over two years for an enforcement
program monitor.
COMMENTS:
Purpose. This bill is one of five author-sponsored sunset bills.
According to the author, "This bill is necessary to ensure that
consumers continue to be protected through the ongoing licensure
and regulation."
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Background. In March of 2015, the Assembly Business and
Professions Committee and the Senate Business, Professions and
Economic Development Committee (Committees) conducted multiple
joint oversight hearings to review 10 regulatory boards and other
entities within the DCA. This and other sunset bills are intended
to implement legislative changes recommended in the respective
background reports drafted by the Committees for all of the
agencies reviewed this year.
BVNPT Management. Since the inception of the Sunset Review
Oversight process, there have been occasions when the operations
of a licensing entity are called into question and require
additional scrutiny. This is typically in response to information
that is presented to the Legislature that warrants further
investigation. The Assembly Business and Professions Committee
staff believes that this is the case with the BVNPT Board. As a
result, this bill will enlist the support of the DCA's Internal
Audit Office and the Department of Insurance for immediate
intervention. In addition, it will also place an enforcement
monitor within the BVNPT to observe the activities for two years.
RDA Practical Examination. The pass rates for the RDA Practical
Exam averaged roughly 83% over the past four fiscal years.
However, in 2014, pass rates dropped dramatically. Passage
rates declined from an over 80% average to a 38% pass rate in
August 2014, 19% in November 2014, to 33% in February 2015. The
sharp declines occurred after the practical examinations were
recalibrated. In addition, recent examination scores from the
February 2015 examination indicate that these rates continue to
be very low. This bill would eliminate the practical
examination until the Dental Board of California is able to
conduct an occupational analysis and examine its validity and
determine whether an examination is necessary to demonstrate
competency. Applicants for licensure would still need to meet
all other existing requirements for licensure, including passing
the written examination.
AB 178
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Analysis Prepared by:
Vincent Chee / B. & P. / (916) 319-3301 FN:
0000680