BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1348|
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THIRD READING
Bill No: SB 1348
Author: Cannella (R)
Amended: 5/31/16
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 4/11/16
AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez,
Jackson, Mendoza, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/27/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
SUBJECT: Licensure applications: military experience
SOURCE: Author
DIGEST: This bill provides that if a board or bureau within
the Department of Consumer Affairs (Department) authorizes
veterans to apply military experience and training towards
licensure, than the board or bureau shall post information on
its Internet Web site about the ability of veteran applicants to
apply their military experience.
ANALYSIS:
Existing law:
1)Provides for the licensure, registration and regulation of
various professions and vocations by the boards, bureaus,
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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
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
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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, that board shall post information on its
Internet Web site about the ability of veterans applicants to
apply military experience and training towards licensure
requirements.
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.
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
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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 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 Section 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 Section 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 worked with over
5,000 military applicants to guide them through the application
process in the last two years. The Contractors' State License
Board 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 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' Web
site, at schools and training programs, and in Veterans Affairs
offices.
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FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee, this bill will
result in minor one-time costs to Department boards and bureaus
to place information on their websites about the ability for
veterans to apply military experience and training to license
requirements and a one-time cost of about $100,000 for the
Dental Board of California to amend various existing regulations
regarding license applications to include the required
information in this bill.
SUPPORT: (Verified5/31/16)
California Board of Accountancy
OPPOSITION: (Verified5/31/16)
None received
ARGUMENTS IN SUPPORT: The California Board of Accountancy is
supportive of amending its application to clarify that all valid
experience including military is accepted for licensure since
under the Accountancy Act, military experience can be applied
towards licensure as long as it meets legal requirements and is
done under the supervision of a licensed Certified Public
Accountant.
Prepared by:Bill Gage / B., P. & E.D. / (916) 651-4104
5/31/16 20:58:29
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