BILL ANALYSIS Ó
SB 800
Page 1
Date of Hearing: July 7, 2015
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Susan Bonilla, Chair
SB 800( Business, Professions & Economic Development) - As
Amended June 08, 2015
SENATE VOTE: 36-0
SUBJECT: Healing arts.
SUMMARY: Makes numerous substantive, technical, and minor
non-controversial changes to various provisions of the healing
arts boards regulated by the Department of Consumer Affairs
(DCA).
EXISTING LAW:
1)Establishes the Dental Practice Act, administered by the
Dental Board of California (DBC) within the Department of
Consumer Affairs (DCA), to license and regulate the practice
of dentistry. (Business and Professions Code (BPC) Section
1600, et seq.)
2)Specifies that until January 1, 2010, the Dental Hygiene
Committee of California (DHCC) may contract with the DBC to
carry out specified licensing and enforcement related actions
and after January 1, 2010 the DHCC may contract with the DBC
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to perform investigations of applicants and licensees. (BPC
Section 1905.1)
3)Requires the DHCC to establish by resolution the amount of the
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, as specified. (BPC Section 1944)
4)Establishes the Medical Practice Act, administered by the
Medical Board of California (MBC) within the DCA, to license
and regulate the practice of medicine. (BPC Section 2000, et
seq.)
5)Permits the MBC 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; or, the MBC in its sole
discretion, may issue a probationary physician's and surgeon's
certificate to an applicant subject to terms and conditions,
as specified. (BPC Section 2221)
6)Authorizes, as part of a pilot program which was repealed
January 1, 2011, hospitals owned by health care districts to
employ physicians, as specified. (BPC Section 2401(d))
7)Requires an applicant for licensure as a Physical Therapist to
be a graduate of a professional degree program, as specified,
and states that the educational requirements include
instruction in the subject prescribed by the Commission on
Accreditation in Physical Therapy Education (CAPTE) of the
American Physical Therapy Association of Physiotherapy
Education Accreditation Canada and include a combination of
didactic and clinical experiences which must include at least
18 weeks of full-time experience with a variety of patients.
(BPC Section 2650)
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8)Establishes one of more diversion evaluation committees within
the Board of Registered Nursing (BRN), and requires the BRN to
establish criteria for the acceptance, denial or termination
of registered nurses in the diversion program. (BPC Sections
2770.2, 2770.7)
9) Requires a registered nurse (RN) to submit educational,
experience and other credentials and information as required
by the BRN in order to use the title "nurse practitioner"
prior to his or her next licensure renewal. (BPC Section
2835.5)
10)Requires an applicant for licensure as a Psychologist to
comply with specified education, training and examination
requirements. (BPC Section 2914)
11)Requires an applicant for licensure as an Optometrist to
comply with specified requirements including certain
education, training, and examination requirements. (BPC
Section 3057)
12)Requires the Physician Assistant Board to elect a chairperson
and a vice chairperson from among its members. (BPC Section
3509.5)
13)Beginning January 1, 2015, authorizes a veterinary assistant
to administer a controlled substance pursuant to the order,
control, and full professional responsibility of a licensed
veterinarian if he or she has been designated by a licensed
veterinarian to obtain or administer controlled substances and
holds a veterinary assistance controlled substance permit
issued by the Veterinary Medical Board (VMB) as specified.
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(BPC Section 4836.1)
14)Requires an applicant for licensure as an Acupuncturist in
California to meet specified educational requirements and
specifies that an individual who received his or her education
and training outside of California to document educational
training and clinical experience that meets specified
standards. (BPC Section 4938).
15)Requires an applicant for licensure as a Licensed Marriage
and Family Therapist (LMFT) to take and pass a Board of
Behavioral Sciences (BBS) administered California Law and
Ethics Examination. (BPC Section 4980.399)
16)Requires an applicant for the licensure examination for an
LMFT to complete experience including a minimum of 3,000 hours
completed in a period of at least 104 weeks, as specified.
(BPC Section 4980.43)
17)Requires the BBS to establish, by regulation, a procedure for
approving providers of continuing education courses, and
providers of continuing education must adhere to procedures
established by the BBS. (BPC Section 4980.70, 4980.34,)
18)Requires an applicant and registrant for licensure as a
Licensed Clinical Social Work (LCSW) to take and pass a
BBS-administered California Law and Ethics Examination. (BPC
Section 4992.09)
19)States that registration as an Association Clinical Social
Worker (ACSW) expires one year from the last day of the month
during which it was issued and to renew a registration, the
registrant must complete specified requirements for renewal.
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(BPC Section 4996.28)
20)Requires an applicant for the licensure examination for a
Licensed Professional Clinical Counselor (LPCC) must complete
clinical mental health experience under the general
supervision of an approved supervisor, as specified. (BPC
Section 4999.46)
21)Requires an application for registration as an in-state or
out-of-state telephone medical advice service be made on a
form prescribed by the department and contain the signature of
the individual owner or of all of the owners of the telephone
medical advice service; the name under which the person
applying for the in-state or out-of-state telephone medical
advice services proposes to do business; the physical address,
mailing address, and telephone number of the business entity;
the designation, including the name and physical address of an
agent for service of process in California; a list of all
in-state or out-of-state staff providing telephone medical
advice services that are required to be licensed, registered
or certified, as specified; and, the department must be
notified within 30 days of any change of name, physical
location, mailing address, or telephone number of any
business, owner, partner, corporate officer, or agent for
service of process in California, together with copies of all
resolutions or other written communications that substantiate
these changes. (BPC Section 4999.1)
22)States that every registration issued to a telephone medical
advice service expires within 24 months after the initial date
of issuance and specifies the requirements to renew that
registration. (BPC Section 4999.4)
THIS BILL:
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23)Makes numerous technical, substantive, and conforming
changes.
Makes the following changes related to the name of the Dental
Board of California and the Dental Hygiene Committee of
California:
24)Replaces the name of the regulatory entity "Board of Dental
Examiners" with the "Dental Board of California."
25)Repeals the fee for examination provision for third and
fourth year dental students for licensure as a registered
dental hygienist.
26)Adds a feasibility study review in addition to a curriculum
review and site evaluation for educational programs for dental
hygienists who are not accredited by a DHCC-approved agency,
as specified.
Makes the following changes related to the Medical Board of
California and the Medical Practice Act:
27)Deletes an outdated reference to a repealed pilot program.
28)Requires an individual to apply for a new license who
voluntarily cancels his or her license or who fails to renew
his or her license within five years after its expiration.
29)Updates the name of the San Diego Psychoanalytic Institute to
the San Diego Psychoanalytic Center.
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30)Deletes the requirement that physical therapist education
include at least 18 weeks of full-time experience with a
variety of patients.
31)Changes the name of the "Diversion Program" to the
"Intervention Program" for registered nurses.
32)Repeals title act specifications for nurse practitioners.
33)Deletes an outdated reference to an educational institution.
Makes the following changes related to the Board of Optometry
(BOO) and the Optometric Practice Act:
34)Deletes the requirement for an applicant for licensure as an
optometrist submit proof that he or she has been in active
practice in the state in which he or she is licensed for a
total of 5,000 hours, as specified.
35)Clarifies that the BOO may grant a license to practice
optometry to an optometrist that has not had his or her
license revoked or suspended in any state where the person
holds a license, in addition to meeting other requirements.
36)Specifies that an applicant for licensure as an optometrist
has no specified drug or mental impairment as determined by a
licensed psychologist or licensed psychiatrist instead of a
licensed physician.
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Makes the following change related to the Physician Assistant
Board:
37)Replaces the titles "Chairperson" and "Vice Chairperson" with
"President" and "Vice president."
Makes the following changes related to the Veterinary Medical
Board (VMB):
38)Authorizes the VMB to deny, in addition to revoke or suspend,
a controlled substance permit for specified reasons.
39)Prohibits a petition from being considered for reinstatement
or modification of a penalty by the VMB if the petitioner is
under sentence for any criminal offense, as specified.
Makes the following changes related to the Board of Acupuncture
(CAB):
40)Removes Canada as the domestic equivalent to the United
States in regard to documenting training and educational
experience for applicants for licensure as an acupuncturist in
California and includes Canada in the requirement for the CAB
to establish standards for the approval of educational
training and clinical experience outside of the United States.
Makes the following changes related to the Board of Behavioral
Sciences (BBS):
41)Requires the 12-hour law and ethics course requires for
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licensure as an LMFT, LEP, LPCC, or LCSW to be taken from a
continuing education provider specified by the BBS through
regulation.
42)Prohibits an applicant for licensure as an LMFT or LPCC from
be employed or volunteering in a private practice until
registered with the BBS as an intern.
43)Repeals a specified list of continuing education providers
and instead defines other continuing education providers as
those approved by the BBS in regulation.
44)States that marriage and family therapist registrant interns,
professional clinical counselor, and associate clinical social
worker registrants may apply for, and receive, a subsequent
registration number instead of a new registration number, as
specified.
Makes the following changes related to the Telephone Medical
Advice Services Bureau:
45)Deletes references to in-state and out-of-state registrants.
46)Adds Naturopathic Doctors (NDs) and Licensed Professional
Clinical Counselors (LPCCs) to the list of qualified medical
advice service providers.
47)Adds the following to the list of requirements in order to
obtain and maintain a registration as a telephone medical
advice service:
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a) Notifying the department within 30 days of any change of
name, physical location, mailing address, or telephone
number of any business, owner, partner, corporate officer,
or agent for service of process in California, together
with copies of all resolutions or other written
communications that substantiate changes; and,
b) Submitting quarterly reports, on a form prescribed by
the department, to the department within 30 days of the end
of each calendar quarter.
48)Makes other minor, technical and updating changes.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, this bill will result
in negligible state costs.
COMMENTS:
Purpose. This bill is the annual Omnibus Committee bill
authored by the Business, Professions and Economic Development
Committee which consolidates a number of non-controversial
provisions related to various regulatory programs and
professions governed by the [BPC] within the DCA. Consolidating
the provisions in one bill is designed to relieve the various
licensing Boards, bureaus and professions from the necessity and
burden of having separate measures for a number of
non-controversial revisions. As noted by the author, many of
the provisions in this bill are minor and technical changes
which update outdated references or titles in existing law.
Other provisions may be substantive consensus changes which aim
to improve the efficacy of the various healing arts entities in
administering and enforcing the provisions of their respective
licensing laws. This bill is intended to be non-controversial
and any opposition or concerns with the consensus provisions
will be removed.
Dental Hygiene Committee of California (DHCC). The DHCC has the
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authority over all aspects of the licensing and regulation of
dental hygienists, including enforcement and investigation and
the approval of educational programs that provide the
prerequisite education to become a licensed dental hygienist.
The DHCC also develops and administers written and clinical
licensing examinations and conducts occupational analyses of the
various professional categories.
The DHCC is responsible for overseeing approximately 19,000
licensed dental hygienists in the state. These dental
hygienists include registered dental hygienists, registered
dental hygienists in alternative practice, and registered dental
hygienists in extended functions.
This bill updates the BPC to strike outdated references to the
Board of Dental Examiners with its current title as the Dental
Board of California (DBC). This bill clarifies that the DHCC is
a separate entity from the DBC and must separately create and
maintain a central file of the names of all persons who hold a
license, certificate or similar authority from that "board."
This bill also repeals the fee for examination for licensure as
a registered dental hygienist for third and fourth year dental
students.
Medical Board of California (MBC). The MBC is the regulatory
entity responsible for regulating physician and surgeons and a
number of other allied health professionals. The jurisdiction
of the MBC includes issuing licenses and certificates, the
administration and hearing of disciplinary actions, and carrying
out disciplinary actions as determined by the appropriate panel
or ALJ including suspending, revoking, or otherwise limiting
certificates after the conclusion of disciplinary actions. This
bill would specify that a person who voluntarily cancels his or
her license or who fails to renew within five years may not
renew the license, but must instead reapply for licensure.
Board of Optometry (BOO). The BOO licenses and regulates
optometrists in California. In order to become licensed as an
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optometrist an individual must graduate from an accredited
school or college of optometry, take and pass a three-part
national board examination and take and pass a California state
examination. For those optometrists licensed outside of
California who seek licensure in this state, they are required
to meet the same provisions above, but also meet other
requirements including having a license in good standing in
another state, never had his or her license revoked, and submit
proof that he or she has been in active practice for at least
5,000 hours in five of the seven consecutive years immediately
preceding the date of his or her application.
According to the author, the certification form for identifying
the 5,000 hours 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 BOO wanted to
ensure that out-of-state practicing optometrists were proficient
in treating patients with therapeutic pharmaceutical agents 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 BOO and inconsistent with the
licensing requirements for new graduates. This bill will delete
the requirement that out-of-state applicants submit proof of
5,000 hours of experience from outside the state.
Physician Assistant Board (PAB). The PAB is responsible for the
licensing and regulation of physician assistants. The PAB
ensures that licensees and approved programs have met the
minimum licensure requirements. The PAB is comprised of nine
members, five professional and four public. This bill revises
the current requirement that the PAB appoint a "chairperson" and
"vice chairperson" and instead requires the PAB to appoint a
"president" and "vice president" respectively.
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Veterinary Medical Board (VMB). The VMB licenses and regulates
veterinarians, RVTs, schools and programs along with veterinary
premises and hospitals through the enforcement of the California
Veterinary Medicine Practice Act. The VMB develops and enforces
the standards for examinations, licensing, and hospital and
school inspections. The VMB licenses over 10,000 Veterinarians
and 5,000 RVTs. The VMB also requires registration of all
premises where veterinary medicine, veterinary dentistry,
veterinary surgery, and the various branches thereof, is being
practiced, which totals approximately 3,100 veterinary
premises. The veterinary medical profession provides health
care to a variety of animals including livestock, poultry, and
pets from birds, fish, rabbits, hamsters, and snakes to dogs,
cats, goats, pigs, horses, and llamas. This bill makes minor
and technical changes pertaining to applications for a
veterinary controlled substance permit and specifies that a
petition for reinstatement or modification of a penalty may not
be considered for a petitioner who is under sentence for any
criminal offense as specified.
Board of Acupuncture (CAB). In order to be licensed as an
acupuncturist in California, an applicant must be at least 18
years of age and complete either an educational and training
program that includes 3,000 hours of study in the practice of
acupuncture, or a supervised tutorial program which is approved
by the CAB. An applicant must also pass a California-specific
written examination that tests an applicant's knowledge in the
practice of acupuncture. Currently, there are over 16,000
acupuncture licensees in California. This bill would allow
graduates from Canadian Acupuncture Training programs to apply
as foreign applicants to take the California Acupuncture
Licensure Examination. Currently, Canada is not included in BPC
4938 (c) as a foreign training location. As a result, Canadian
applicants must meet other specified requirements. Currently,
the CAB does not extend its school approval to Canadian training
programs and none of the Canadian acupuncture training programs
would satisfy current requirements.
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Board of Behavioral Sciences (BBS). The BBS regulates four
categories of professionals who perform counseling services
including: LMFTs, LCSWs, LPCCs, and LEPs. In addition to
providing licensure to qualified candidates the BBS also
registers marriage and family therapist interns, associate
clinical social workers, professional clinical counselor interns
and continuing education providers. The BBS is tasked with
developing and administering the written examination for its
licensure categories along with administering the continuing
education program to ensure professional competency. Currently,
the BBS regulates approximately one-hundred thousand licensees,
registrants, and interns. This bill will clarify that an LEP or
LPCC are registered and subject to regulation by the BBS. In
addition, this bill updates the statute to be consistent with
the BBS's updated regulations pertaining to continuing
education. The BBS no longer approved continuing education
providers and the changes in this bill reflect the update to the
BBS's ne continuing education provider regulations.
Telephone Medical Advice Services Bureau (TMASB). The TMASB was
established by AB 285 (Corbett), Chapter 285, Statutes of 1999.
The TMASB is responsible for registering all businesses that
employ, contract or, sub-contract with full-time or five or more
persons functioning as health care professionals and engage in
the business of providing medical advice services over the
telephone to a patient at a California address. Those
businesses may include health management organizations,
physician hospital organizations, practice management companies,
management service organizations, preferred provider
organizations, independent practice associations, physicians'
groups, hospitals, disability insurers, disease management
organizations, demand management services, employee assistance
programs, case management services, wellness organizations,
among others.
In order to be registered with the TMASB a business must submit
an application, a registration fee, a list of staff providing
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the medical advice services, and each business is required to
notify the TMASB within 30 days of any change of name, location,
address, business owner, among others. In order to maintain
registration, a business must comply with multiple requirements
including ensuring that all persons providing services are
licensed, as specified, maintain records, and comply with all
directions and requests made by the DCA, among others. This
bill will also add to the list of requirements to maintain
registration that the DCA be notified within 30 days of any
changes in address, name, location etcetera, and submit
quarterly report as specified.
Currently, Naturopathic Doctors (NDs) and LPCCs are not included
in the list of licensed healthcare professionals who can provide
medical advice through a TMASB-registered company. According to
the author, both of these licensure categories were established
after the TMASB was established in California. The TMASB notes
at least one professional ND working for a TMASB-registered
company.
This bill adds NDs and LPCCs to the list of health care
professionals that may provide medical advice services through a
Bureau-registered company. In addition, this bill will delete a
reference to in-state and out-of-state licensed providers
because the Bureau does not make a distinction for in-state or
out-of-state registrants.
Current Related Legislation. SB 799 (Committee on Business,
Professions and Economic Development) of the current legislative
session is the non-health committee omnibus bill which makes
several non-controversial, minor, non-substantive or technical
changes to various provisions pertaining to the non-health
regulatory programs under the DCA. STATUS: This bill is
pending in the Assembly Business and Professions Committee.
Prior Related Legislation. SB 1466 (Committee on Business,
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Professions and Economic Development), Chapter 316, Statues of
2014, made several non-controversial, minor, non-substantive or
technical changes to various provisions pertaining to the health
regulatory programs under the BPC.
SB 1575 (Committee on Business, Professions and Economic
Development), Chapter 799, Statutes of 2012, made numerous minor
and technical changes to various provisions pertaining to the
health-related regulatory boards within the DCA.
TECHNICAL AMENDMENT:
On page, 69, in line 9, after "the" strike: in-state
On page 69, in line 10, strike: or out-of-state
REGISTERED SUPPORT:
Medical Board of California
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by:Elissa Silva / B. & P. / (916)
319-3301
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