BILL ANALYSIS Ó
AB 179
Page 1
Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Susan Bonilla, Chair
AB 179
(Bonilla) - As Amended April 27, 2015
SUBJECT: Healing arts.
SUMMARY: Extends the operations of the Dental Board of
California (Board) until January 1, 2020; increases statutory
fee caps for all categories relating to dentists and dental
assistants; eliminates the practical examination for registered
dental assistants (RDAs), as specified. Extends the operation
of the Board of Vocational Nursing and Psychiatric Technicians
(BVNPT) until January 1, 2018, and merges the Vocational Nursing
fund and the Psychiatric Technician funds, as specified.
EXISTING LAW:
1)Establishes the Dental Practice Act (Act), administered by the
Dental Board of California (DBC) within the Department of
Consumer Affairs (DCA), to license and regulate the practice
of dentistry, and sunsets the DBC on January 1, 2016.
(Business and Professions Code (BPC) Section 1600, et seq.)
2)Establishes the Dental Assisting Council (DAC) of the DBC,
which shall consider all matters relating to dental assistants
in this state, on its own initiative or upon the request of
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the Board, and makes appropriate recommendations to the Board
and the standing committees of the Board, as specified.
3)Requires the DBC to establish, as necessary, the amount of
charges and fees for licensure for the purpose of carrying out
its responsibilities under the Act, subject to statutory fee
caps. (BPC Section 1724)
4)Requires the amount of the fees prescribed by this chapter
that relate to the licensing and permitting of dental
assistants to be established by regulation and subject to
statutory fee caps. (BPC Section 1725)
5)Requires for licensure as a registered dental assistant
satisfactory performance on a written and practical
examination administered by the DBC. (BPC Section 1752.1)
6)Provides that a healing arts practitioner who engages in
sexual relations with a patient, client, or customer
constitutes unprofessional conduct and grounds for
disciplinary action, except as specified. (BPC Section 726)
7)Establishes the Board of Vocational Nursing and Psychiatric
Technicians (BVNPT) within the DCA, to license and regulate
vocational nurses under the Vocational Nursing Practice Act,
and to license and regulate psychiatric technicians under the
Psychiatric Technicians Law, and extends the operation of the
BVNPT until January 1, 2016. (BPC Sections 2840 et seq., 4500
et seq.)
8)Establishes the Vocational Nursing and Psychiatric Technicians
Fund. (BPC Section 2890)
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9)Establishes the Vocational Nursing Account and the Psychiatric
Technician Examiners Account of the Vocational Nursing and
Psychiatric Technician Fund. (BPC Section 205)
THIS BILL:
10) Extends the operation of the DBC until January 1, 2020.
11)Authorizes the DBC to increase specified fees for dentists
and RDAs, as specified.
12)Eliminates the practical examination for licensure as an RDA,
and requires the DBC to, in consultation with the Office of
Professional Examination Services, to conduct a review to
determine whether a practical examination is necessary to
demonstrate the competency of registered dental assistants.
The board's review and certification or determination shall be
completed by January 1, 2017.
13)Provides that if the DBC determines that the practical
examination is necessary to demonstrate competency of
registered dental assistants, the DBC's review and
certification or determination shall be completed and
submitted to the appropriate policy committees of the
Legislature, and the board may administer, and require, a
practical examination for licensure as a registered dental
assistant, in accordance with Section 139.
14)Extends the operation of the BVNPT until January 1, 2018.
15)Merges the funds of the BVNPT, as specified.
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16)Makes conforming changes.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the
Legislative Counsel.
COMMENTS:
17)Purpose. This bill is author sponsored. According to the
author, "This bill is necessary to ensure that consumers are
protected by the continued operation of the DBC. The Board's
sunset bill raised numerous issues, including the adequacy of
the Dentistry Fund condition and the practical examination for
registered dental assistants. The DBC has been operating with
a major structural deficit, and is faced with impending
deficits. Prior to recent increases to its initial and
renewal licensure fees, the DBC had not raised fees for nearly
two decades. A recent audit of the DBC's finances shows that
the cost for licensure and permitting categories do not
sufficiently cover the cost for that license or permit. As a
result, this bill proposes to increase statutory fee caps
across all categories to let the DBC begin to recover its
costs, help solve its structural imbalance, and build a
healthy reserve. These fee caps are intended to carry the DBC
over for many years, and any actual increase in fees would
need to go through the regulatory process, thereby ensuring
that licensees may voice any concerns to potential increases.
After the DBC recalibrated the practical examination for
registered dental assistants last August, there was an
alarming decline in passage rates. In addition to the human
costs of placing undue hardship on examinees who are now
unable to find work or have lost work due to failing the exam,
and the impact on our healthcare workforce, the steep decline
questions the validity of the examination and its ability to
accurately measure a licensee's competency. This bill imposes
a moratorium on RDA practical examinations until the Board can
properly evaluate the examination. RDAs would continue to
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meet other requirements, such as completing an education
program, obtaining on the job experience as certified by a
supervising dentist, or a combination or both, in addition to
passing the written examination, thereby ensuring that
consumers will continue to be protected.
In addition, on February 13, 2012, the BVNPT approved a merger
of the vocational nursing fund and the psychiatric technician
fund as an alternative to a statutory amendment to raising
fees for the psychiatric technician fees. This bill would
advance the fiscal solvency of the BNVPT by merging these
funds. The bill will also increase accountability by
extending the BVNPT's sunset date only until January 1, 2018,
thereby increasing legislative oversight of the BVNPT in light
of the significant issues raised in the BVNPT's sunset
background paper."
18)Background. The DBC was created by the California
Legislature in 1885, to regulate dentists. Today, the DBC
regulates the practice of approximately 86,000 licensed dental
healthcare professionals in California, including 40,163
dentists; 44,230 registered dental assistants (RDAs); and
1,545 registered dental assistants in extended functions
(RDAEFs). In addition, the DBC is responsible for setting the
duties and functions of approximately 50,000 unlicensed dental
assistants.
The BVNPT is responsible for administering the laws related to
the education, practice and discipline of Licensed Vocational
Nurses (LVNs) and Psychiatric Technicians (PTs). The LVN
program was established in 1951 and the PT program was
established in 1959. The PT Certification Program was placed
under this Board's jurisdiction due to the unique mental
health and nursing care functions performed by PTs. The BVNPT
oversees two distinct licensure programs, each with separate
statutes, regulations, budget authority, curriculum
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requirements, examinations, and staff. Specifically, the
BVNPT regulates the practice of approximately 129,515 LVNs and
13,469 PTs, the largest groups of LVNs and PTs in the nation.
Sunset Review. On March 23rd, 2015, the Assembly Business and
Professions Committee and the Senate Business, Professions,
and Economic Development Committee held a "sunset review"
hearing for the DBC and the BVNPT. As part of the Sunset
Review, the DBC and the BVNPT each prepared a sunset report,
which was submitted to the Committees and Committee staff
prepared a background paper on each board.
A "sunset review" is a performance review of a state agency by
the Legislature aimed at determining whether that agency
should continue to exist, and if so, whether any statutory
reforms are needed to increase the agency's effectiveness.
Sunset review is triggered by the statutory expiration date
for the agency, which is commonly called a "sunset." Without
an extension of this sunset date, the Board would cease to
exist.
Review of Dental Board Issues Addressed in this Bill. The
Committees raised a number of issues relating to the DBC, and
this bill addresses a number of issues through statutory
changes. The following are some of the major issues
pertaining to the DBC as reviewed and discussed by the
Committees, along with background information concerning each
particular issue and recommendations made by Committee staff
regarding the particular issues or problem areas which needed
to be addressed.
DBC Issue #1: Email addresses.
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Background: The staff background report for the DBC identified
as an issue whether the Board should be authorized to collect
email addresses for its licensees. According to the DBC, in
order to improve its ability to communicate with licensees,
the DBC will be pursuing statutory authority to allow it to
require email addresses on its applications and renewal forms.
Web-based communications will also reduce postage costs and
provide a cost savings.
Recommendation: The DBC should advise the Committees of any
statutory changes necessary to enable the DBC to collect email
addresses and to use email as a way to communicate with
licensees and applicants.
[This bill would authorize the DBC to collect email addresses.]
DBC Issue #5: Dental Fund Condition.
Background: The Dentistry Fund is maintained by the DBC and
includes the revenues and expenditures related to licensing
for dentists. For sixteen years, the license fee for dentists
was set at $365. In 2013, for the first time in 16 years, the
DBC increased its license fee for dentists from $365 to its
statutory cap at the time of $450. These regulations went
into effect on July 1, 2014. During that time, the DBC also
pursued an increase in statute from $450 to $525. SB 1416
(Block) Chapter 73, Statutes of 2014, raised the DBC's fee for
initial and renewal licenses for dentists from $450 to $525,
and set fees at that level. During that time, an analysis
conducted by the DCA's Budget Office determined that the
license fees should be raised to $525 to ensure solvency into
the foreseeable future. While fees increased have generated
additional revenue, the DBC's expenditures, projected to be
over $12M per year, continue to outpace its revenue, projected
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to be less than $11M per year, thus perpetuating a structural
imbalance. Part of the reason for the increase in projected
and actual expenditures in recent years has been due to
funding 12.5 CPEI positions; funding the diversion program;
increased expenses associated with BreEZe; unexpected
litigation expenses; and the general increase in the cost of
doing business over the past 16 years. While the DBC has
expended less than what it has been authorized by the budget
due to some cost savings and reimbursements, the DBC
emphasizes that its fund should be able to sustain
expenditures without relying on estimated savings or
reimbursements.
Based on data from the past five fiscal years, the DBC
calculated that the Dentistry Fund will be able to sustain
expenditures into FY 2017/18 before facing a deficit. The DBC
projects it will only have 0.5 months in reserve in FY
2016/17, and is undergoing a fee rate audit to determine the
appropriate fee amounts to assess and to project fee levels
into the future. The fee audit will also take into account
the funds necessary to establish a reserve of four to six
months for economic uncertainties and unanticipated expenses,
such as legislative mandates and the DCA costs. In addition,
while the Dental Assisting Program has its own staff for
Licensing and Examination, paid for by its fund, the rest of
the functions relating to dental assisting, such as
administration and enforcement, are performed by Board staff
and paid for by the Dentistry Fund. As a result, the fee
audit will examine the appropriate fees and costs for the
Dental Assisting Fund, which currently does not pay the
Dentistry Fund for any costs associated with administration or
enforcement and has a very large reserve. After the results
of the fee audit come out, the Board anticipates requesting an
increase in the statutory fee caps, so that going forward, the
Board may raise fees incrementally and within the cap, as
necessary, to ensure a healthy budget. The fee audit will be
available shortly.
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Recommendation: The DBC should share the fee audit with the
Committees as soon as that information is available to
determine the appropriate fee caps for licensees. The DBC
should consider whether it is feasible or preferable to merge
the Dentistry and Dental Assisting, and to share all staff and
costs. If the DBC determines that funds should remain
separate, the DBC should ensure that the Dental Assisting Fund
reimburses the Dentistry Fund for any costs incurred.
[The DBC has shared its recent fee audit, which discovered that
in addition to the DBC's operational imbalance, it is limited
in its ability to recover the true cost of licensure and
regulation for dentists and dental assistants based on many of
the set fees, which do not cover the actual costs. In light
of this fee audit, the DBC is requesting an increase in all
statutory fee caps relating to dentists and dental assistants,
including, but not limited to, those fees relating to
licensure, permits, and examinations.
--------------------------------------------------------
| License, |Current |Statutor| | |
| Certificate or | Fee |y Limit | | |
| Permit | Amt. | | | Proposed |
| | | | Actual | Fee Cap |
| | | | Cost | |
| | | |per Fee | |
| | | | Audit | |
|------------------+--------+--------+--------+----------|
|Elective Facial | 500.00| 500.00| | |
|Cosmetic Surgery | | | | |
|Permit-Initial | | | $3,627| $4,000|
|Appl | | | | |
|------------------+--------+--------+--------+----------|
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|Initial DDS | 525.00| 525.00| | |
|License | | | $288| $1,200|
|(pro-rated fee) | | | | |
|------------------+--------+--------+--------+----------|
|DDS Biennial | 525.00| 525.00| $405| $1,200|
|Renewal | | | | |
|------------------+--------+--------+--------+----------|
|Oral & | 450.00| 450.00| | |
|Maxillofacial | | | $849| $1,200|
|Surgery Permit | | | | |
|Renewal | | | | |
|------------------+--------+--------+--------+----------|
|Fictitious Name | 450.00| Not > | | |
|Permit Initial | | $450 | $570| $1,200|
|Application | | or < $5| | |
|------------------+--------+--------+--------+----------|
|Special | 300.00| 300.00| | |
|Permit-Initial | | | $1,183|$1,000 |
|Appl. | | | | |
|------------------+--------+--------+--------+----------|
|License by | 283.00| 0.00| | |
|Credential Appl. | | | $789|$1,000 |
|------------------+--------+--------+--------+----------|
|License by | 100.00| | $876| $1,000|
|Residency | | | | |
|------------------+--------+--------+--------+----------|
|License by | 350.00| 350.00| $1,638| $1,500|
|Portfolio | | | | |
|------------------+--------+--------+--------+----------|
|Initial WREB | 100.00| 500.00| $745| $1,000|
|Appl. | | | | |
|------------------+--------+--------+--------+----------|
|Registered | 250.00| 250.00| | |
|Provider-Initial | | | | |
|Appl.(continuing | | | $827| $500|
|education) | | | | |
|------------------+--------+--------+--------+----------|
|Onsite Inspection | 250.00| 350.00| | |
|Fee for GA/CS | | | $3,982| $4,500|
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|Permits | | | | |
|------------------+--------+--------+--------+----------|
|Fictitious Name | 225.00| Not > | | |
|Permit Renewal | |$450 Or | $136| $600|
| | | < $5| | |
|------------------+--------+--------+--------+----------|
|Conscious | 200.00| 250.00| | |
|Sedation Permit | | | $716| $1,000|
|Initial | | | | |
|Application | | | | |
|------------------+--------+--------+--------+----------|
|Conscious | 200.00| 250.00| | |
|Sedation Permit | | | $237| $600|
|Renewal | | | | |
|------------------+--------+--------+--------+----------|
|General | 200.00| 250.00| | |
|Anesthesia Permit | | | $716| $1,000|
|Initial | | | | |
|Application | | | | |
|------------------+--------+--------+--------+----------|
|General | 200.00| 250.00| | |
|Anesthesia Permit | | | $237| $600|
|Renewal | | | | |
|------------------+--------+--------+--------+----------|
|Oral Conscious | 200.00|Admin/En| | |
|Sedation Initial | | f Costs| $368| $1,000|
|Certificate | | | | |
|------------------+--------+--------+--------+----------|
|Elective Facial | | | | |
|Cosmetic Surgery | 200.00| 200.00| $368| $800|
|Permit Renewal | | | | |
|------------------+--------+--------+--------+----------|
|Oral & | 150.00| 500.00| | |
|Maxillofacial | | | | |
|Surgery | | | $849| $1,000|
|Permit-Initial | | | | |
|Appl. | | | | |
|------------------+--------+--------+--------+----------|
|Additional Office | 100.00| 200.00| | |
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|Permit Initial | | | $437| $750|
|Application | | | | |
|------------------+--------+--------+--------+----------|
|Special Permit | 100.00| 100.00| $247| $600|
|Renewal | | | | |
|------------------+--------+--------+--------+----------|
|Additional Office | 100.00| 100.00| | |
|Permit Renewal | | | $136| $375|
|------------------+--------+--------+--------+----------|
|Oral Conscious | 75.00|Admin/En| | |
|Sedation | | f Costs| $136|$600 |
|Certificate | | | | |
|Renewal | | | | |
|------------------+--------+--------+--------+----------|
|License | 2.00| 2.00| $364|$125 |
|Certification | | | | |
|------------------+--------+--------+--------+----------|
| RDA Fees |Current |Statutor| | |
| | Fee |y Limit | | |
| | Amount | | | Proposed |
| | | | Actual | Fee Cap |
| | | | Cost | |
| | | |per Fee | |
| | | | Audit | |
|------------------+--------+--------+--------+----------|
|RDAEF Program | 1400.00|1400.00 | | |
|Curriculum | | | $7,486| $7,500|
|------------------+--------+--------+--------+----------|
|RDA Program | 1400.00|1400.00 | | |
|Curriculum | | | $7,486| $7,500|
|------------------+--------+--------+--------+----------|
|OA Permit Course | 300.00|300.00 | | |
|Approval | | | $3,168| $2,000|
|------------------+--------+--------+--------+----------|
|DSA Permit Course | 300.00|300.00 | | |
|Approval | | | $3,168| $2,000|
|------------------+--------+--------+--------+----------|
|Infection Control | 300.00|300.00 | | |
|Course Approval | | | $2,866| $2,000|
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|------------------+--------+--------+--------+----------|
|Coronal Polish | 300.00|300.00 | | |
|Course Approval | | | $2,866| $2,000|
|------------------+--------+--------+--------+----------|
|Pit and Fissure | 300.00|300.00 | | |
|Course Approval | | | $2,977| $2,000|
|------------------+--------+--------+--------+----------|
|Radiation Safety | 300.00|300.00 | | |
|Course Approval | | | $2,977| $2,000|
|------------------+--------+--------+--------+----------|
|RDA Biennial | 70.00| 80.00 | $50| $200|
|Renewal | | | | |
|------------------+--------+--------+--------+----------|
|RDAEF Biennial | 70.00| 80.00 | | |
|Renewal | | | $50| $200|
|------------------+--------+--------+--------+----------|
|Dental Sedation | 70.00| 80.00 | | |
|Assistant Permit | | | $50| $200|
|Biennial Renewal | | | | |
|------------------+--------+--------+--------+----------|
|Orthodontic | 70.00| 80.00 | | |
|Assistant Permit | | | $50| $200|
|Biennial Renewal | | | | |
|------------------+--------+--------+--------+----------|
|RDA Practical | 60.00| 60.00 | | |
|Exam Fee | | | $355| Actual |
| | | | | cost|
|------------------+--------+--------+--------+----------|
|Duplicate License | 25.00| 25.00 | | |
|or Permit Fee | | | $63| $100|
|------------------+--------+--------+--------+----------|
|RDA Application | 20.00| 50.00 | $72| $200|
|Fee | | | | |
|------------------+--------+--------+--------+----------|
|RDAEF Application | 20.00| 50.00 | $87| $200|
|Fee | | | | |
|------------------+--------+--------+--------+----------|
|RDAEF2 | 20.00| 50.00 | $87|$200 |
|Application Fee | | | | |
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--------------------------------------------------------
While some of these fee increases are dramatic, they reflect the
fact that many of these fee caps have not been raised in
nearly up to two decades. The DBC's intent is for this large
increase in statutory fee caps to cover its potential need to
increase fees over a period of many years, including beyond
the next sunset period. The DBC would have to raise any fees
through the regulatory process, however, ensuring that there
will be additional time and robust opportunity for public
participation prior to the increase of any fee.]
DBC Issues #7: The RDA Examination.
Background: 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, as discussed above. In addition, recent
examination scores from the February 2015 examination indicate
that these rates continue to be very low. Currently, the DBC
is pursuing an occupational analysis (OA) to validate the
practical exam. The last OA was conducted in 2009. BPC § 139
specifies that the Legislature finds and declares that OA and
examination validation studies are fundamental components of
licensure programs and the DCA is responsible for the
development of a policy regarding examination development and
validation, and occupational analysis. Licensure examinations
with substantial validity evidence are essential in preventing
unqualified individuals from obtaining a professional license.
To that end, licensure examinations must be developed
following an examination outline that is based on a current
occupational analysis; regularly evaluated; updated when tasks
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performed or prerequisite knowledge in a profession or on a
job change, or to prevent overexposure of test questions; and
reported annually to the Legislature. According to the DCA's
policy, an occupational analysis and examination outline
should be updated at least every five years to be considered
current. Such an OA is projected to be $60,000 and could take
up to a year to complete. Board staff notes that the cost
would be absorbable by the Dental Assisting budget.
Recommendation: The DBC should explain to the Committees why it
recalibrated the RDA examination, and the decline in pass
rates after the practical examination was recalibrated. The
DBC should undertake the OA, and consider whether a practical
examination is the most effective way to demonstrate minimal
competency for those licensees. The DBC should continue to
monitor examination passage rates, and pursue any legislative
changes necessary to reflect current practices as determined
by the OA.
[Based on the precipitous decline in examination scores, which
questions the validity of the examination and the ability of
the examination to truly measure competency, this bill would
eliminate the practical examination until the DBC 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.]
DBC Issue #10: Unprofessional Conduct.
Background: BPC § 726 prohibits, "The commission of any act of
sexual abuse, misconduct, or relations with a patient, client,
or customer constitutes unprofessional conduct and grounds for
disciplinary action" for any healing arts professional. BPC §
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726 exempts sexual contact between a physician and surgeon and
his or her spouse, or person in an equivalent domestic
relationship, when providing non-psychotherapeutic medical
treatment. SB 544 (Price, 2012) would have, among other
things, amended BPC § 726 to provide an exemption for all
licensees who provide non-psychotherapeutic medical treatment
to spouses or persons in equivalent domestic relationships,
instead of only exempting physicians and surgeons. This bill
was held in the Senate Business, Professions and Economic
Development Committee. The California Dental Association
(CDA) and the California Academy of General Dentistry (CAGD)
have both requested amending this section to also exempt
dentists who are treating their spouses or person in an
equivalent domestic relationship.
Recommendation: The Committees should consider whether
exempting dentists maintains the spirit of the law and
determine whether additional conditions are necessary to
ensure that spouses and domestic partners are protected.
[This bill will extend the exemption to all healing arts
licensees who do not provide psychotherapeutic medical
treatment to spouses or persons in equivalent domestic
relationships.]
DBC Issue #18: Continued Regulation by the DBC.
Background: The health, safety and welfare of consumers are
protected by the presence of a strong licensing and regulatory
DBC with oversight over the dental profession. The Board
should be continued with a four-year extension of its sunset
date so that the Legislature may once again review whether the
issues and recommendations in this Background Paper have been
addressed.
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Recommendation: Recommend that the licensing and regulation of
the dental profession continue to be regulated by the current
Board members in order to protect the interests of the public
and be reviewed again in four years.
[This bill will extend the sunset date for the Board from
January 1, 2016, to January 1, 2020.]
Review of Key BVNPT Issues Addressed in this Bill. The
Committees raised a number of issues relating to the BVNPT,
and this bill addresses a number of issues through statutory
changes. The following are some of the major issues
pertaining to the BVNPT as reviewed and discussed by the
Committees, along with background information concerning each
particular issue and recommendations made by Committee staff
regarding the particular issues or problem areas which needed
to be addressed.
BVNPT Issue #4: Fund Merger.
Background: Both the LVN and PT programs are at the statutory
maximums for the fees they charge licensees. In July of 2012,
the Board submitted a Budget Change Proposal (BCP) requesting
the merger of the LVN and PT funds. The BCP was denied as the
PTs fund condition was expected to remain solvent through FY
2015/16. The Board was advised to seek a statutory proposal
to merge the funds versus a BCP.
According to the Board, current budget projections indicate that
the LVN program fund reserve will remain solvent past FY
2020/21. The PTs program fund reserve will be exhausted by
2017/18. On February 13, 2012, the Board approved a merger of
the funds as an alternative to a statutory amendment to raise
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the PTs fee ranges. The Board has been advised by the DCA
Budget Office that the merger would delay a deficit and the
need to increase fees for three to four years.
Recommendation: The Committees should consider if the LVN and PT
funds should be merged. The Board should provide more detailed
statistics of how the merger will impact both licensing groups
e.g. how will funds be allocated for each licensing group? If
the Committees agree to merge the funds, a statutory change
will be necessary.
[This bill will merge the LVN and PT funds.]
BVNPT Issue #11: Continued Regulation by the BVNPT.
Background: A review of the issues raised during the last
review of the Board in 2011 reveals that the Board has made
some strides towards meaningful change. However, the
outstanding issues also reveal that the Board has experienced
some significant problems that have impacted its overall
functioning, the oversight of licensees and protection of the
public. As highlighted above, the Board has shown deficiencies
and discrepancies in the areas of enforcement and management
of funds. Due to these continuing problems as well as
potential issues concerning the management and operations of
the Board, it appears that this Board requires additional
oversight and direction.
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Recommendation: Recommend that the licensed vocational nursing
and psychiatric technician professions continue to be
regulated by the current Board in order to protect the
interests of the public and be reviewed once again in two
years. In addition, the Board should undergo an audit,
investigation by the DOI and involvement of an enforcement
monitor. The Board should update the appropriate policy
committees of the Legislature in two years of their
improvements in the following critical areas: 1) enforcement,
2) management, 3) staff and 4) funding.
[This bill will extend the BVNPT's sunset date to January 1,
2018. In addition, AB 178 will address additional issues
pursuant to the Committees' recommendations.]
ARGUMENTS IN SUPPORT:
None on file.
ARGUMENTS IN OPPOSITION:
None on file.
AMENDMENTS:
While any fee increase would have to be adopted by the DBC
through regulations, thereby ensuring that there will be
sufficient consideration of the need for a fee increase and
public participation during that process, the author seeks to
ensure that there are some appropriate restraints to limit the
amount that fees may be increased. As a result, the author
seeks to make the following changes:
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In subdivision (d) of Section 1724, strike "$1200" throughout
and insert "$650" and add, Effective January 1, 2018, the fee
for an initial license shall not exceed $800, and the fee for
the renewal of a license shall not exceed $800 .
The validity of the RDA examination has seriously been
questioned by the recent decline in passage rates. As a result,
it is essential to place a temporary moratorium on these
examinations until the DBC can conduct an occupational analysis
to determine whether the practical examination is an accurate
measure of competency, and whether it is a valid examination.
To prevent undue hardships on applicants who are required to
take this examination for licensure until the effective date of
this bill, and to ensure an adequate dental health care
workforce, the author should pursue this measure in a separate
bill with an urgency clause that would allow this provision to
become operative immediately.
Strike Sections 13 and 14 from the bill, inclusive.
REGISTERED SUPPORT:
None on file.
REGISTERED OPPOSITION:
None on file.
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Analysis Prepared by:Eunie Linden / B. & P. / (916) 319-3301