BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1478| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- CONSENT Bill No: SB 1478 Author: Committee on Business, Professions and Economic Development Introduced:3/10/16 Vote: 21 SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 4/18/16 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, 10 bureaus, two committees, one program, and one commission within the Department of Consumer Affairs (DCA) under various licensing acts within the Business and Professions Code (BPC). 2) Contains the following provisions relating to the Dental Board of California (DBC): SB 1478 Page 2 a) Require applicants for licensure to successfully complete Part I and Part II written examinations of the National Board Dental Examination of the Joint Commission on National Dental Examinations. (BPC § 1632(a) and § 1634.1(d)) 3) Contains the following provisions relating to the Medical Board of California (MBC): a) Establishes the Task Force on Culturally and Linguistically Competent Physicians and Dentists under the MBC. (BPC § 852) b) Requires the MBC to keep copies of complaints for 10 years. (BPC § 2029) c) Creates the Bureau of Medical Statistics within the MBC with the purpose of providing the MBC and its divisions with statistical information necessary to carry out their functions of licensing, medical education, medical quality, and enforcement. (BPC § 2380 - 2392) 4) Contains the following provisions relating to the Board of Podiatric Medicine (BPM): a) Authorizes the BPM to elect a President and Vice President as officers of the BPM. (BPC § 2467(d)) 5) Contains the following provisions relating to the California Board of Behavioral Sciences (BBS): a) Allows licensed marriage and family therapist (LMFT), licensed clinical social worker (LCSW), and licensed professional clinical counselor (LPCC) applicants to gain experience housed as a W-2 employee. (BPC § 4980.43, § 4996.23, and § 4999.47) b) References the term "associate social workers". (BPC § 4992.05) SB 1478 Page 3 c) Specifies that an applicant for licensure shall not be eligible for examination until the school has received accreditation. (BPC § 4996.18(c)) d) Requires that an LMFT applicant for licensure must submit a certification from his or her educational institution certifying that the curriculum required for graduation meets specified education requirements. (BPC § 4980.38) e) Establishes a grand-parenting period at the beginning of the LPCC licensing program, which allowed the Board to accept applicants with deficiencies in education or experience if they successfully completed certain examinations and requirements. (BPC § 4999.54, § 4999.52, and § 4999.120) f) Requires the degree that qualifies an LMFT and LPCC applicant for licensure to be obtained from an accredited school. (BPC § 4980.36, § 4980.37, § 4980.78, § 4980.79, and § 4999.12) g) Defines acceptable school approval and equivalent accrediting agencies. (BPC § 4980.40.5) h) References LMFT and LPCC registrants as "interns". (BPC § 4980 - 4999.129) This bill: 1) Makes the following changes relating to the DBC: a) Reflects the integration of Part I and II of the National Dental Board Examination that becomes effective in 2017 in BPC §1632(a) and § 1634.1(d). 2) Makes the following changes relating to the MBC: a) Deletes obsolete language in BPC § 852 regarding inoperative Task Force of Culturally and Linguistically Competent Physicians and Dentists. SB 1478 Page 4 b) Eliminates the redundant requirement in BPC § 2029 to keep records past the statute of limitations, as the retention schedule and statute of limitations is specified elsewhere in code. c) Deletes obsolete language in BPC § 2380 - 2392 pertaining to the nonexistent Bureau of Medical Statistics. 3) Makes the following changes relating to the BPM: a) Amends BPC § 2467 to authorize the election of a Secretary to the list of authorized board officer positions. 4) Makes the following changes relating to the BBS: a) Clarifies in BPC § 4980.43, § 4996.23, and § 4999.47 that interns, trainees, and associates may not gain experience hours for work performed as an independent contractor. b) Amends BPC § 4992.05 to replace "associate social worker" with "associate clinical social worker" for consistency. c) Specifies in BPC § 4996.18 that LCSW applicants are only prohibited from taking the clinical exam until the school has achieved accreditation. d) Amends BPC § 4999.40, § 4999.60, and § 4999.61 to make program certification requirements consistent between LPCC applicants and LMFT applicants. e) Deletes language in BPC § 4999.54, § 4999.52, and § 4999.120 about an inoperative LPCC grand-parenting provision. f) Amends the title of approved accreditation agencies in BPC § 4980.36, § 4980.37, § 4980.78, § 4980.79, § 4999.12 to be consistent with the title used by the United States Department of Education. SB 1478 Page 5 g) Deletes BPC § 4980.40.5 that references acceptable school approval. h) Adds BPC § 4980.09 and § 4999.12.5 to change the title of "intern" to "associate" for LMFT and LPCC applicants. 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. NOTE: See Senate Business, Professions and Economic Development Committee policy analysis for a complete discussion of this bill. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes SUPPORT: (Verified5/10/16) Medical Board of California OPPOSITION: (Verified5/10/16) SB 1478 Page 6 None received ARGUMENTS IN SUPPORT: The Medical Board of California supports this bill and writes, "These changes will remove outdated and inapplicable sections from the BPC and the Board is pleased to support these provisions in SB 1478." Prepared by:Nicole Billington / B., P. & E.D. / (916) 651-4104 5/11/16 15:52:45 **** END ****