BILL ANALYSIS Ó SB 800 Page 1 SENATE THIRD READING SB 800 (Committee on Business, Professions and Economic Development) As Amended September 3, 2015 Majority vote SENATE VOTE: 36-0 -------------------------------------------------------------------- |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+-----------------------+---------------------| |Business & |14-0 |Bonilla, Jones, Baker, | | |Professions | |Bloom, Campos, Chang, | | | | |Dodd, Eggman, Gatto, | | | | |Holden, Mullin, Ting, | | | | |Wilk, Wood | | | | | | | |----------------+-----+-----------------------+---------------------| |Appropriations |17-0 |Gomez, Bigelow, Bloom, | | | | |Bonta, Calderon, | | | | |Chang, Gordon, Eggman, | | | | |Gallagher, | | | | | | | | | | | | | | |Eduardo Garcia, | | | | |Holden, Jones, Quirk, | | | | |Rendon, Wagner, Weber, | | SB 800 Page 2 | | |Wood | | | | | | | | | | | | -------------------------------------------------------------------- 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). Specifically, this bill: 1)Makes the following changes related to the name of the Dental Board of California and the Dental Hygiene Committee of California (DHCC): a) Replaces the name of the regulatory entity "Board of Dental Examiners" with the "Dental Board of California." b) Repeals the fee for examination provision for third and fourth year dental students for licensure as a registered dental hygienist. c) 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. 2)Makes the following changes related to the Medical Board of California (MBC) and the Medical Practice Act: a) Deletes an outdated reference to a repealed pilot program. b) 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. c) Updates the name of the "San Diego Psychoanalytic Institute" to the "San Diego Psychoanalytic Center." SB 800 Page 3 d) Deletes the requirement that physical therapist education include at least 18 weeks of full-time experience with a variety of patients. e) Changes the name of the "Diversion Program" to the "Intervention Program" for registered nurses. f) Repeals title act specifications for nurse practitioners. g) Deletes an outdated reference to an educational institution. 3)Makes the following changes related to the Board of Optometry (BOO) and the Optometric Practice Act: a) Deletes the requirement for an applicant for licensure as an optometrist to 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. b) 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. c) 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. 4)Makes the following change related to the Physician Assistant Board (PAB): SB 800 Page 4 a) Replaces the titles "Chairperson" and "Vice Chairperson" with "President" and "Vice president." 5)Makes the following changes related to the Veterinary Medical Board (VMB): a) Authorizes the VMB to deny, in addition to revoke or suspend, a controlled substance permit for specified reasons. b) 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. 6)Makes the following changes related to the Board of Acupuncture (CAB): a) 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. 7)Makes the following changes related to the Board of Behavioral Sciences (BBS): a) Requires the 12-hour law and ethics course required for licensure as a Licensed Marriage and Family Therapist (LMFT), Licensed Educational Psychologist (LEP), Licensed Professional Clinical Counselor (LPCC), or Licensed Clinical Social Worker (LCSW) to be taken from a continuing education provider specified by the BBS through regulation. b) Prohibits an applicant for licensure as an LMFT or LPCC from being employed or volunteering in a private practice until registered with the BBS as an intern. c) Repeals a specified list of continuing education providers and instead defines other continuing education providers as those approved by the BBS in regulation. SB 800 Page 5 d) 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. 8)Makes the following changes related to the Telephone Medical Advice Services Bureau (TMASB): a) Deletes references to in-state and out-of-state registrants. b) Adds Naturopathic Doctors (NDs) and LPCCs to the list of qualified medical advice service providers. c) Adds the following to the list of requirements in order to obtain and maintain a registration as a telephone medical advice service: d) 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, e) Submitting quarterly reports, on a form prescribed by the Department, to the Department within 30 days of the end of each calendar quarter. 9)Makes numerous technical, substantive, and conforming changes. 10)Add provisions from AB 250 (Obernolte), Chapter 50, Statutes of 2015, and SB 620 (Block) of the current legislative session to avoid chaptering out issues. SB 800 Page 6 11)Add double-jointing language to avoid chaptering out issues with AB 483 (Patterson) of the current legislative session. FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill will result in negligible state fiscal effect. COMMENTS: Purpose. This bill is the annual Omnibus Committee bill authored by the Senate Business, Professions and Economic Development Committee which consolidates a number of non-controversial provisions related to various regulatory programs and professions governed by the [Business and Professions Code (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. Dental Hygiene Committee of California. The DHCC has the 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 SB 800 Page 7 various professional categories. 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. 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. The BOO licenses and regulates optometrists in California. In order to become licensed as an 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 SB 800 Page 8 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. 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. The PAB is responsible for the licensing and regulation of physician assistants. 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. Veterinary Medical Board. 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. 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. SB 800 Page 9 Board of Acupuncture. 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. 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. 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. 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. 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 SB 800 Page 10 business of providing medical advice services over the telephone to a patient at a California address. In order to be registered with the TMASB a business must submit an application, a registration fee, a list of staff providing 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, NDs and LPCCs are not included in the list of licensed healthcare professionals who can provide medical advice through 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. Analysis Prepared by: Elissa Silva / B. & P. / (916) 319-3301 FN: 0002041 SB 800 Page 11