BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 800|
|Office of Senate Floor Analyses | |
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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).
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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)
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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
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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):
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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
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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.
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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
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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.
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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
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