BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1478|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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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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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)
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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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