BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
                              Senator Jerry Hill, Chair
                                2015 - 2016  Regular 

          Bill No:            SB 1348         Hearing Date:    April 11,  
          2016
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          |Author:   |Cannella                                              |
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          |Version:  |February 19, 2016                                     |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Bill Gage                                             |
          |:         |                                                      |
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               Subject:  Licensure applications:  military experience


          SUMMARY:  Requires regulatory boards and bureaus within the Department  
          of Consumer Affairs (Department) to indicate on a license  
          application that veterans may be able to apply military  
          experience and training toward licensure requirements.

          Existing law:
          
          1) Provides for the licensure, registration and regulation of  
             various professions and vocations by the boards, bureaus,  
             committees, programs and commission (board(s)) within the  
             Department.

          2) Specifies that it is the policy of this state that persons  
             with the skills, knowledge, and experiences obtained in the  
             armed services should be permitted to apply this learning and  
             contribute to the employment needs of this state at the  
             maximum level of responsibility and skill for which they are  
             qualified, and that to this end, that the rules and  
             regulations of boards shall provide a method of evaluating  
             education, training and experience obtained in the armed  
             services and determine how it may be used to meet the  
             licensure requirements for the particular business, or  
             occupation, or profession regulated.  (Business and  
             Professions Code (BPC) § 35)  

          3) Requires each board to inquire in every application if the  







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             individual applying for licensure is serving in, or has  
             previously served in, the military. (BPC § 114.5)

          4) Requires after July 1, 2016, that a board within the  
             Department expedite, and may assist, the initial licensure  
             process for an applicant who supplies satisfactory evidence  
             to the board that the applicant has served as an active duty  
             member of the Armed Forces of the United States and was  
             honorably discharged and provides that the board may adopt  
             regulations necessary to implement this requirement.  
          (BPC § 115.4)

          5) States that it is the policy of the State of California that,  
             consistent with high quality health care services, persons  
             with skills, knowledge and experience obtained in the armed  
             services of the United States should be permitted to apply  
             such learning and contribute to the health manpower needs of  
             the state at the maximum level of responsibility and skill  
             for which they are qualified, and to this end, the rules and  
             regulations of healing arts boards shall provide for methods  
             of evaluating education, training, and experience obtained in  
             military service if such training is applicable to the  
             requirements of that profession.  (BPC § 710)


          6) Requires, by July 1, 2015, the Chancellor of the California  
             Community Colleges, using common course descriptors and  
             pertinent standards of the American Council on Education, to  
             determine for which courses credit should be awarded for  
             prior military experience.  (Education Code § 66025.7)


          This bill requires that, if a board's governing law authorizes  
          veterans to apply military experience and training towards  
          licensure requirements, for that board to modify their  
          application for licensure to advise veteran applicants about  
          their ability to apply military experience and training towards  
          licensure requirements.

          
          FISCAL  
          EFFECT:  Unknown.  This bill has been keyed "fiscal" by  
          Legislative Counsel.









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          COMMENTS:
          
          1. Purpose.  This bill is sponsored by the Author.  According to  
             the Author's office, "This bill would require each board,  
             with a governing law authorizing veterans to apply military  
             experience and training towards licensure requirements, to  
             modify their application for licensure to advise veteran  
             applicants about their ability to apply that experience and  
             training towards licensure requirements.  By building off of 
          AB 1057 from 2013, this bill closes this technical gap in code,  
             ensuring veterans receive notification in writing when  
             applying for licensure in boards that accept military  
             experience and training towards their licensure  
             requirements."

          2. Background.  The Department currently oversees 39 licensing  
             programs that issue more than two million licenses,  
             registrations and certifications in nearly 200 professional  
             categories.  These licensing boards are charged with  
             regulating a particular profession through licensure and  
             enforcement programs.  Each of these entities is responsible  
             for enforcing the minimum qualifications for licensure that  
             are established by statute and regulation.  Licensure  
             requirements vary in their specificity and flexibility.  In  
             many cases, the stated qualifications are specific and  
             provide the regulating entity with little or no discretion  
             over what experience or education can be accepted.   
             Professional and occupational licensure requirements range  
             from completing a form and paying a licensing fee to  
             satisfying significant experience, education and exam  
             requirements.

          3. Consideration of Military Experience and Education.  In 2012,  
             the Department provided a report to the Legislature regarding  
             the licensing programs that have statutes or regulations that  
             allow for the use of military experience and education to  
             meet licensing requirements for the various boards under the  
             Department.  Titled, Report to the California State  
             Legislature:  Acceptance of Military Experience & Education  
             Towards Licensure, it outlined administrative solutions that  
             the Department's programs were instituting to assist military  
             applicants with the licensure process.  It provided a  
             breakdown of all licensing programs under the Department that  








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             allowed for members of the military to apply experience,  
             education, or training towards licensure and those that did  
             not.  

          In 2015, the Department provided an update to its 2012 report  
             and focused on boards providing acceptance of military  
             experience towards licensure pursuant to BPC § 35, which  
             requires that rules and regulations of boards shall provide  
             for methods of evaluating education, training and experience  
             obtained in the armed services.  It was found that none of  
             the licensing programs have regulations based on BPC § 35,  
             but that many of the Department's programs have either  
             specific or broad authority to review and apply military  
             education, experience, or training towards licensure.  For  
             example, the Bureau of Security and Investigative Services  
             (BSIS) worked with over 5,000 military applicants to guide  
             them through the application process in the last two years.   
             The Contractors' State License Board (CSLB) has also created  
             a formal program to assist former military members with  
             properly applying their education and experience and  
             completing the licensing process.   

             To better account for military veterans who apply for  
             California licenses, each licensing board was required to ask  
             on its license application whether the individual applying  
             for licensure is serving in, or has previously served in, the  
             military, beginning in 2015.  This bill will require all  
             boards to also alert applicants that some of their military  
             experience and training may be counted towards licensure  
             requirements.  

             The Author's believes that individuals will look to the  
             licensure application in order to determine the requirements  
             for licensure.  While this is undoubtedly true in certain  
             circumstances, it may also benefit veterans for boards to  
             advertise opportunities for military credit in locations  
             prior to the point of credential verification, such as on  
             boards' website, at schools and training programs, and in  
             Veterans Affairs offices.      

          4. Previous Legislation.   SB 466  (Hill, Chapter 489, Statutes of  
             2015) extended the sunset date on the Board of Registered  
             Nursing (BRN) until January 1, 2018, required the California  
             State Auditor's Office to conduct an audit of the BRN's  








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             enforcement program and required BRN to promulgate  
             regulations to ensure that schools grant credit for military  
             education and experience.

              AB 1057  (Medina, Chapter 693, Statutes of 2013) required  
             licensing boards within the Department of Consumer Affairs,  
             beginning January 1, 2015, to ask on every application for  
             licensure if the applicant is serving in, or has previously  
             served in, the military.

              AB 705  (Blumenfeld, 2013) required the BRN to promulgate  
             regulations that identify the military education, training,  
             and experience that is equivalent or transferable to  
             coursework required for licensure as a registered nurse (RN)  
             and, upon receipt of an applicant's record of education,  
             training, and experience completed in the Armed Forces,  
             provide the applicant with a list of coursework, if any, that  
             the applicant must complete for license eligibility.   
             (  Status:  this bill was held in Assembly Appropriations  
             Committee.)

              AB 704  (Blumenfeld, 2013) required the Emergency Medical  
             Services Authority (EMSA) to adopt regulations by January 1,  
             2015, to accept the military education, training, and  
             practical experience of applicants, as specified, towards  
             certification as an Emergency Medical Technician (EMT)-I and  
             EMT-II, and towards licensure as an EMT-Paramedic (EMT-P).   
             (  Status:  this bill was vetoed by the Governor.)

          5. Related Legislation.   SB 1155  (Morrell) would require every  
             board under the Department of Consumer Affairs to grant a  
             waiver for the application and initial licensing fee to an  
             honorably discharged veteran. (  Status:  this bill is pending  
             in the Senate Appropriations Committee.)

          
          SUPPORT AND OPPOSITION:
          
           Support: None on file as of April 5, 2016.  

           Opposition:  None on file as of April 5, 2016.


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