BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1478|
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                                      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):








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              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)









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              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.









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              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. 








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              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)








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          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


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