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  ****