BILL ANALYSIS Ó SENATE COMMITTEE ON BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT Senator Jerry Hill, Chair 2015 - 2016 Regular Bill No: SB 800 Hearing Date: April 27, 2015 ----------------------------------------------------------------- |Author: |Committee on Business, Professions and Economic | | |Development | |----------+------------------------------------------------------| |Version: |April 20, 2015 Amended | ----------------------------------------------------------------- ---------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Janelle Miyashiro | |: | | ----------------------------------------------------------------- Subject: Healing arts. SUMMARY: Makes several non-controversial minor, non-substantive, or technical changes to various provisions pertaining to the health-related regulatory Boards of the Department of Consumer Affairs. Existing law: 1) Provides for the licensing and regulation of various professions and businesses by the 26 boards, 9 bureaus, 3 committees, 2 programs, and 1 commission within the Department of Consumer Affairs (DCA) under various licensing acts within the Business and Professions Code (BPC). 2) Contains the following provisions relating to the Dental Board of California (DBC): a) The Dental Practice Act (Act) provides for the licensure and regulation of dentists by the DBC. The Act refers to the Board as the "Board of Dental Examiners". (Business & Professions Code (BPC) §§ 500, 650.2(f), 6650.2(g), 650.2(i), 1603(a), 1618.5(a), 1640.1(c), 1648.10(b), 1648.10(c), 1650, 1695, and 1695.1(a)) 3) Contains the following provisions relating to the California State Board of Optometry: SB 800 (Committee on Business, Professions and Economic Development) Page 2 of ? a) Requires out of state applicants to submit proof that he or she has been in active practice in a state in which he or she is licensed for a total of at least 5,000 hours in five of the seven consecutive years immediately preceding the date of his or her application and has never had his or her license to practice optometry revoked or suspended. The applicant must not be found mentally incompetent by a physician. (BPC § 3057) 4) Contains the following provisions relating to the Physical Therapy Board of California (PTBC): a) Requires physical therapist assistants (PTA) to fulfill the educational requirements prescribed by the Commission on Accreditation in Physical Therapy Education (CAPTE) of the American Physical Therapy Associations or Physiotherapy Education Accreditation Canada. These requirements include a combination of didactic and clinical experiences, which consist of at least 18 weeks of full-time experience with a variety of patients. (BPC § 2650) 5) Contains the following provisions relating to the Physician Assistant Board (PAB): a) Requires the Physician Assistant Board to elect a chairperson and vice chairperson annually from among its members. (BPC § 3509.5) 6) Contains the following provisions relating to the Medical Board of California (MBC): a) Lists specified provisions that require registration, licensure, certification, or other authorization to engage in certain businesses or professions regulated by the DCA and make a violation of a listed provision a punishable infraction. (BPC § 146) b) Prohibits an individual from renewing a license after he or she has failed to renew the license within 5 years after its expiration and prohibits the license from being reissued, reinstated, or restored. (BPC § 2428) SB 800 (Committee on Business, Professions and Economic Development) Page 3 of ? c) States an individual issued a license to practice medicine cannot have had that license revoked or suspended. (BPC § 2054) d) References a pilot program that allows hospitals owned by health care districts to employ physicians. (BPC § 2401) e) Allows students and graduates in psychoanalysis to engage in psychoanalysis if stated individuals register with the Board and states that the Board may suspend or revoke the exemption of these students based on violations in professional conduct. (BPC § 2529) f) Allows the Board to suspend or revoke the licenses of its various allied health care licensees and registrants. (BPC §§ 2519, 2520, 2546.7, 2546.9, 2559.3, 2563, 2565, 2566, 2566.1, and 3576) g) Authorizes the Board to deny a physician's and surgeon's certificate to an applicant guilty of unprofessional conduct or of any cause that would subject a licensee to revocation or suspension of his or her license. (BPC § 2221) 7) Contains the following provisions relating to the California Board of Behavioral Sciences (BBS): a) Requires individuals applying for a new license or for renewal of a license to practice as a psychologist, clinical social worker, professional clinical counselor, or marriage and family therapist to have completed coursework or training in child, elder, and dependent adult abuse assessment and reporting. Requires that this training must be obtained from an accredited or approved educational institution, a continued education provider approved by the responsible board, or a course sponsored or offered by a professional association or a local, county, or state department of health or mental health for continued education that has been approved by the responsible board. (BPC § 28) b) Requires licensure to practice as a licensed marriage SB 800 (Committee on Business, Professions and Economic Development) Page 4 of ? and family therapist (LMFT) or licensed clinical social worker (LCSW). (BPC § 146) c) Requires the Board to approve continuing education providers for specified educational courses relating to licensure for marriage and family therapists, educational psychologists, clinical social workers, and professional clinical counselors. (BPC §§ 4980.3999, 4980.54, 4989.34, 4992.09, 4996.22, and 4999.55) d) Requires all post degree hours of experience to be credited toward licensure except when employed in a private practice setting for interns training for licensure as a professional clinical counselor (PCC). (BPC §§ 4980.43; 499.46) e) Allows a maximum number of possible renewals after initial registration for an intern, after which a new registration number is required. An applicant who is issued a subsequent number is barred from employment or volunteering in a private practice. (BPC §§ 4984.01, 4996.28, 4999.45, and 4999.100) f) Lists the requirements for a LCSW applicant, including being at least 21 years old, having earned a master's degree from an accredited school of social work, and having 2 years of supervised post-master's degree experience. (BPC § 4996.2) 8) Contains the following provisions relating to the California Board of Psychology (BOP): a) States an applicant holding a doctoral degree in psychology from an approved institution is deemed to meet the requirements of specified section in the Business and Professions Code. (BPC § 2914(g)) 9) Contains the following provisions relating to the California Board of Registered Nursing (BRN): a) Requires a registered nurse to submit educational, experience, and other credentials and information as the board requires in order to the use the title "nurse SB 800 (Committee on Business, Professions and Economic Development) Page 5 of ? practitioner" prior to his or her next license renewal. (BPC § 2835.5) b) Provides for a diversion program to identify and rehabilitate registered nurses whose competency may be impaired due to abuse of alcohol, drugs, or mental illness. (BPC § 2770) 10)Contains the following provisions relating to the State of California Acupuncture Board: a) Requires applicants who have completed education and training requirements outside of the United States and Canada to document stated education and training for approval by the Board. (BPC § 4938; 4939) 11)Contains the following provisions relating to the Dental Hygiene Committee of California (DHCC): a) Requires that the Medical Board of California, the Board of Psychology, the Dental Board of California, the Osteopathic Medical Board of California, the State Board of Chiropractic Examiners, the Board of Registered Nursing, the Board of Vocational Nursing and Psychiatric Technicians, the State Board of Optometry, the Veterinary Medical Board, the Board of Behavioral Sciences, the Physical Therapy Board of California, the California State Board of Pharmacy, the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board, the California Board of Occupational Therapy, the Acupuncture Board, and the Physician Assistant Board each separately create and maintain a central file of the names of all persons who hold a license, certificate, or similar authority from that board. (BPC § 800) b) States deadline date of January 1, 2010 for the DHCC to contract with the Dental Board to perform investigations of applicants and licensees as well as carry out other provisions. (BPC § 1905.1) SB 800 (Committee on Business, Professions and Economic Development) Page 6 of ? c) States that the DHCC may license a third or fourth year dental student as a registered dental hygienist as long as he or she satisfies specified requirements. (BPC § 1917.2) d) States that the DHCC shall establish a resolution to the amount of fees that relate to the licensing of a registered dental hygienist, a registered dental hygienist in alternative practice and a registered dental hygienist in extended functions. (BPC § 1944(a)) 12)Contains the following provisions relating to the California Veterinary Medical Board (VMB): a) States that the Board may revoke or suspend a veterinary assistant controlled substance permit for specified reasons. (BPC § 4836.2) b) States that a person whose license or registration has been revoked or who has been placed on probation may petition the Board for reinstatement or modification of penalty. (BPC § 4887) 13)Contains the following provisions relating to the Telephone Medical Advice Services Bureau (TMAS): a) States that any business entity that employs, contracts, or subcontracts directly or indirectly with the full-time equivalent of five or more persons functioning as health care professionals, whose primary function is to provide telephone medical advice, and that provides telephone medical advice service to a patient at a California address shall be registered with the Telephone Medical Advice Services Bureau. (BPC § 4999) This bill: 1) Makes the following changes relating to the Dental Board of California (DBC): a) Updates language to replace the "Board of Dental Examiners" with the "Dental Board of California" for consistency on how the Board is referenced. SB 800 (Committee on Business, Professions and Economic Development) Page 7 of ? 2) Makes the following changes relating to the California State Board of Optometry: a) Removes the requirement for out of state applicants to submit proof of active practice. b) Requires that the license of an out of state applicant has never been revoked or suspended in any state where the applicant holds a license. c) Requires that an applicant has not been found mentally incompetent by a licensed psychologist or licensed psychiatrist. 3) Makes the following changes relating to the Physical Therapy Board of California (PTBC): a) Deletes the requirement for PTAs to complete the 18-week full-time clinical experience. 4) Makes the following changes relating to the Physician Assistant Board (PAB): a) Will replace the titles "chairperson" and "vice chairperson" with "president" and "vice president". 5) Makes the following changes relating to the Medical Board of California (MBC): a) Clarifies that registration is required to practice as a polysomnographic technologist, technician, or trainee in California. b) Requires that an individual who voluntarily cancels his or her license must apply again if it has been over five years since the cancellation. c) Clarifies change that regulates when individuals can use the words "doctor", "physician", "Dr.", or the initials "M.D." when an individual has been issued a license to practice medicine in another jurisdiction and has had that license suspended or revoked. SB 800 (Committee on Business, Professions and Economic Development) Page 8 of ? d) Removes a Code section referring to a repealed pilot program that no longer exists. e) Lists the commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer as grounds for suspension or revocation. f) Authorizes the MBC to place its various allied health care licensees and registrants on probation. g) Reinstates language authorizing licensed midwives, non-resident contact lens sellers, spectacle lens dispensers, contact lens dispensers, registered dispensing opticians, and polysomnographic technologists to petition the MBC for reinstatement of their license or registration after their license has been revoked, suspended, surrendered, or placed on probation. h) Authorizes the MBC to deny a post graduate training authorization letter (PTAL) for international graduates. 6) Makes the following changes relating to the California Board of Behavioral Sciences (BBS): a) Requires the responsible board (either the BBS or the BOP) in regulation to specify a CE provider and accept and approve a sponsored course to provide the training in child, elder, and dependent adult abuse assessment and reporting. b) Includes licensed educational psychologists (LEPs) and licensed professional clinical counselors (LPCCs) to the list of license types the BBS has authority to regulate. c) Changes the reference to the current authority regarding acceptable CE providers. d) Requires interns to register with the BBS in order to volunteer or work in a private practice. e) States registrants may apply for and obtain a subsequent registration number to work in a private practice if the applicant meets all requirements for registration. SB 800 (Committee on Business, Professions and Economic Development) Page 9 of ? f) States the listed requirements are intended for applicants of a license as a LCSW license. 7) Makes the following changes relating to the California Board of Psychology (BOP): a) Deletes section that refers to institutions that are no longer in existence. 8) Makes the following changes relating to the California Board of Registered Nursing (BRN): a) Deletes title act and adds other clarifying changes. b) Changes the name of the "Diversion Program" to "Intervention Program for Registered Nurses". 9) Makes the following changes relating to the State of California Acupuncture Board: a) Removes Canada as the domestic equivalent to the United States in regards to training and clinical experience. 10)Makes the following changes relating to the Dental Hygiene Committee of California (DHCC): a) States that the DHCC is a separate entity from the Dental Board of California and must separately create and maintain a central file of the names of persons who hold a license, certificate, or similar authority. b) Removes a deadline date of January 1, 2010. c) Repeals fee for examination for licensure as a registered dental hygienist for third and fourth year dental students. 11)Makes the following changes relating to the California Veterinary Medical Board (VMB): a) Allows the Board to deny a veterinary assistant controlled substance permit for specified reasons. SB 800 (Committee on Business, Professions and Economic Development) Page 10 of ? b) Removes ability of a person who is under sentence for any criminal offense to petition the VMB for reinstatement or modification of penalty. 12)Makes the following changes relating to the Telephone Medical Advice Services Bureau (TMAS): a) Removes references to in-state and out-of-state registrants. b) Adds professional clinical counselor and naturopathic doctor licensure categories to the list of qualified medical advice licensed health care professionals. c) Adds additional technical, clarifying amendments. FISCAL EFFECT: Unknown. This bill was keyed "fiscal" by Legislative Counsel. COMMENTS: 1. Purpose. This bill is one of two "committee bills" authored by the Business, Professions and Economic Development Committee (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. 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. However, as a Committee bill, if controversy or opposition should arise regarding any provision that cannot be resolved, then that provision will be removed from the bill. This will SB 800 (Committee on Business, Professions and Economic Development) Page 11 of ? eliminate the chance of placing any of the other provisions in jeopardy. 2. Background. The following is background and reasons for the more significant and substantive provisions in this measure: a) California State Board of Optometry. The requirements for licensure as an optometrist in California for an out-of-state licensee include submission of proof that he or she has been in active practice in a state in which he or she is licensed for a total of at least 5,000 hours in five of the seven consecutive years immediately preceding the date of his or her application (SB 579, Chapter 302, Statutes of 2006). The applicant must submit a completed "Certification of 5,000 Practice Hours" form with the application. The Certification includes information pertaining to each worksite where the hours were earned, such as worksite addresses, dates, and number of hours worked at each location. The applicant signs this certification under penalty of perjury that the information is true and correct. However, no supporting information is required to substantiate that the information provided is true. When this law was first enacted in 2006, the Board wanted to ensure that out-of-state practicing optometrists were proficient in treating patients with therapeutic pharmaceutical agents (TPAs) and determined that the 5,000 practice hours of experience would be sufficient to do so. However, this requirement is now considered obsolete by the Board and inconsistent with the licensing requirements for new graduates. Under current law, a recent graduate from any U.S. school or college can apply for and obtain licensure in California. However, if the graduate were to become licensed in another state after graduation and then apply for licensure in California within a two year period after graduation, his or her application would be denied because the applicant would not meet the 5,000 practice hour requirement. This bill would make a technical, clarifying amendment to remove the requirement for out of state licensees to SB 800 (Committee on Business, Professions and Economic Development) Page 12 of ? submit the 5,000 practice hour proof of practice certification which is not required by other optometrist licensees in California. b) Medical Board of California (MBC). In 2009, SB 132 (Denham, Chapter 635, Statutes of 2009) created licensure for polysomnographic technologists, technicians, and trainees under the Medical Board of California (Board). Polysomnography is defined as the treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders. SB 132 required the Board to adopt regulations related to the employment of polysomnographic technologists, technicians, and trainees. Regulations were adopted by the Board, which became effective on February 8, 2012. Although SB 132 gave authority to the Board for licensure of polysomnographic technologists, technicians, and trainees according to specified training and education standards, existing statute does not specifically state that registration is required to practice as a polysomnographic technologist, technician, or trainee in California. Current Business and Professions Code does not specifically list the practice of polysomnography as one of the provisions that require registration, licensure, certification, or other authorization by the DCA and therefore does not make unlicensed practice of polysomnography a punishable infraction. Due to this ambiguity, the Board states that it has encountered issues with pursuing action against individuals with unlicensed practice who are practicing polysomnography without being registered with the Board. This bill would make a clarifying change to ensure that individuals practicing as polysomnographic technologists, technicians, or trainees in California are registered and are subject to regulation by the Board. c) California Board of Behavioral Sciences (BBS). The California Board of Behavioral Sciences (Board) first established a licensure program for licensed professional clinical counselors (LPCCs) in 1967 and then for licensed educational psychologists (LEPs) in 1970. LPCCs diagnose SB 800 (Committee on Business, Professions and Economic Development) Page 13 of ? and treat mental health and emotional disorders as well as substance abuse through counseling and other therapeutic treatments. LEPs focus on youth and adult education as well as the conditions, both biological and environmental, that contribute to individual learning. Although the Board currently licenses and regulates LPCCs and LEPs according to specified training and education standards, existing statute does not specifically state that registration is required to practice as a LPCC or LEP in California. Current Business and Professions Code does not specifically list the practice of LPCCs or LEPs as provisions that require registration, licensure, certification, or other authorization by the DCA and therefore does not make unlicensed practice as a LPCC or LEP a punishable infraction. This bill would make a clarifying change to ensure that individuals practicing as a LPCC or LEP in California are registered and are subject to regulation by the Board. d) Dental Hygiene Committee of California (DHCC). The Dental Hygiene Committee of California was established by SB 853 (Perata, Chapter 31, Statutes of 2008) and came into existence on July 1, 2009. SB 853 abolished the Committee on Dental Auxiliaries and established the DHCC in its place to regulate dental hygienists without the oversight of the Dental Board of California, thus making the DHCC a separate entity from the Dental Board. The DHCC has the authority to review and evaluate all registered dental hygienists, registered dental hygienists in alternative practice, and registered dental hygienists in extended functions, as well as applicants for licensure and education programs. The DHCC determines the appropriate fees and exam requirements for licensure in the three licensure categories and issues licenses for those who successfully complete the requirements. The DHCC collects biennial renewal fees and forms. Currently, the Business and Professions Code does not include the DHCC in the list of entities required to create and maintain an individual historical record for SB 800 (Committee on Business, Professions and Economic Development) Page 14 of ? each licensee, even though the DHCC currently maintains these records since its split from the Dental Board. This bill would make a clarifying change to include the DHCC in the list of entities required to create and maintain an individual historical record for each licensee. e) Telephone Medical Advice Services Bureau (TMAS). The Telephone Medical Advice Services Bureau (Bureau) was created in 1999 by AB 285 (Corbett, Chapter 535, Statutes of 1999). AB 285 required businesses providing telephone medical advice to Californians, from either an in-state or out-of-state location, to register with the Bureau. Businesses with the equivalent of five full-time health care practitioners whose primary function is to provide telephone medical advice are subject to registration. Registration involves the submission of details regarding the company's health care professionals, quarterly reports on the number of complaints received, and a $7,500 biennial registration fee. Bureau staff processes applications, responds to questions from registrants and the public, reviews complaint data, shares information with licensing boards and the Department of Managed Health Care, and researches as well as communicates with companies that may require registration. The majority of Bureau registrants are health insurance-related companies or large health care provider networks, including Kaiser Permanente, OptumHealth, Accordant Health Services, and McKeeson Health Solutions. Typically, the Bureau registrants' customers are employers and other health care payers with whom they contract to provide a medical advice line to covered patients. Some of the registrants may also market directly to patients. Most registrants utilize only registered nurses (RNs), but some also employ licensed behavioral health professionals, including professional clinical counselors, clinical social workers, marriage and family therapists, and psychologists. Registration with the Bureau is a requirement for any medical advice service used by health insurance companies. The Bureau serves as a link between the Department and SB 800 (Committee on Business, Professions and Economic Development) Page 15 of ? the Department of Managed Health Care. Registration has allowed the Bureau to keep track of all of the providers and ensures that those providing medical advice via technology are properly licensed. Patients do not often know the identity or location of the health care professional from whom they receive advice, therefore having a traceable registration system allows the state to easily identify where medical advice is coming from and who is providing it. Currently, naturopathic doctors and licensed professional clinical counselors are not included in the statutory list of licensees that may provide medical advice through a Bureau-registered company. Naturopathic doctors and licensed professional clinical counselors are licensure categories that have been created in California law since the inception of the Bureau. The Bureau has stated that it is aware that there is at least one naturopathic doctor working for a Bureau-registered company and that other registrants use the services of various categories of licensed counselors. This bill will make an amendment to include naturopathic doctors and licensed professional clinical counselors in the list of licensees that may provide medical advice through a Bureau-registered company. This bill will also delete language referring to either in-state or out-of-state licensed telephone medical advice entities since the Bureau does not currently make this distinction for its registrants. 3. Arguments in Support. The Medical Board of California (MBC) supports this measure and writes, "The Board is supportive of the provisions in SB 800 that pertain to the Board?The Board feels that these clarifying changes will help to ensure consumer protection and allow the Board to operate in a more efficient manner." SUPPORT AND OPPOSITION: Support: Medical Board of California (MBC) SB 800 (Committee on Business, Professions and Economic Development) Page 16 of ? Opposition: None on file as of April 21, 2015. -- END --