BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 800| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- CONSENT Bill No: SB 800 Author: Committee on Business, Professions and Economic Development Amended: 4/20/15 Vote: 21 SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 4/27/15 AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 SUBJECT: Healing arts SOURCE: Author DIGEST: This bill 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. ANALYSIS: Existing law: 1) Provides for the licensing and regulation of various professions and businesses by the 26 boards, nine bureaus, three committees, two programs, and one commission within the Department of Consumer Affairs (DCA) under various licensing acts within the Business and Professions Code (BPC). SB 800 Page 2 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". (BPC § 500 et al.) 3) Contains the following provisions relating to the California State Board of Optometry: a) Requires out of state applicants to submit proof that he or she has been licensed and in active practice in a state 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. (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. (BPC § 2650) 5) Contains the following provisions relating to the Physician Assistant Board (PAB): a) Requires the 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) Prohibits an individual from renewing a license after he or she has failed to renew the license within five years after its expiration and prohibits the license from being reissued, reinstated, or restored. (BPC § 2428) SB 800 Page 3 b) States an individual issued a license to practice medicine cannot have had that license revoked or suspended. (BPC § 2054) c) References a pilot program that allows hospitals owned by health care districts to employ physicians. (BPC § 2401) d) Allows students and graduates in psychoanalysis to engage in psychoanalysis if the individual registers with the Board. (BPC § 2529) e) Allows the Board to suspend or revoke the licenses of its various allied health care licensees and registrants. (BPC §§ 2519 et al.) f) Authorizes the Board to deny a physician's and surgeon's certificate to an applicant guilty of unprofessional conduct. (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, licensed clinical social worker (LCSW), licensed professional clinical counselor (LPCC), or licensed marriage and family therapist (LMFT) to have completed coursework or training in child, elder, and dependent adult abuse assessment and reporting. (BPC § 28) b) Requires licensure to practice as a LMFT or LCSW. (BPC § 146) c) Requires the Board to approve continuing education providers for specified educational courses relating to licensure for its various licensees. (BPC §§ 4980.3999 et al.) 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 SB 800 Page 4 licensure as a LPCC. (BPC §§ 4980.43; 499.46) e) Allows a maximum number of possible renewals after initial registration for an intern. (BPC §§ 4984.01, 4996.28, 4999.45, and 4999.100) f) Lists the requirements for a LCSW applicant. (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 BPC. (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 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): SB 800 Page 5 a) Requires that the various health boards under the DCA 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 DBC to perform investigations. (BPC § 1905.1) 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 with 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 TMAS. (BPC § 4999) SB 800 Page 6 This bill: 1) Makes the following changes relating to the 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. 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 PTBC: a) Deletes the requirement for PTAs to complete the 18-week full-time clinical experience. 4) Makes the following changes relating to the PAB: a) Will replace the titles "chairperson" and "vice chairperson" with "president" and "vice president". 5) Makes the following changes relating to the 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 SB 800 Page 7 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. 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 Board 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 Board for reinstatement of their license or registration. h) Authorizes the Board to deny a post graduate training authorization letter for international graduates. 6) Makes the following changes relating to the BBS: a) Requires the responsible board (either the BBS or the BOP) in regulation to specify a continued education (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 and 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. SB 800 Page 8 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. f) States the listed requirements are intended for applicants of a license as a LCSW license. 7) Makes the following changes relating to the BOP: a) Deletes section that refers to institutions that are no longer in existence. 8) Makes the following changes relating to the 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 DHCC: a) States that the DHCC is a separate entity from the DBC 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 SB 800 Page 9 dental students. 11)Makes the following changes relating to the VMB: a) Allows the Board to deny a veterinary assistant controlled substance permit for specified reasons. b) Removes ability of a person who is under sentence for any criminal offense to petition the Board for reinstatement or modification of penalty. 12)Makes the following changes relating to the TMAS: a) Removes references to in-state and out-of-state registrants. b) Adds LPCC and naturopathic doctor licensure categories to the list of qualified medical advice licensed health care professionals. c) Adds additional technical, clarifying amendments. 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 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. SB 800 Page 10 NOTE: See Senate Business, Professions and Economic Development Committee analysis for a complete discussion of this bill. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes SUPPORT: (Verified5/12/15) Medical Board of California OPPOSITION: (Verified5/12/15) None received ARGUMENTS IN SUPPORT: The Medical Board of California supports this bill 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." Prepared by:Janelle Miyashiro / B., P. & E.D. / (916) 651-4104 5/13/15 16:37:54 **** END ****