BILL ANALYSIS                                                                                                                                                                                                    Ó



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          SENATE THIRD READING


          SB  
          1478 (Committee on Business, Professions and Economic  
          Development)


          As Introduced  March 10, 2016


          Majority vote


          SENATE VOTE:  38-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Business &      |16-0 |Salas, Brough, Baker, |                    |
          |Professions     |     |Bloom, Campos,        |                    |
          |                |     |Chávez, Dahle, Dodd,  |                    |
          |                |     |Eggman, Gatto, Gomez, |                    |
          |                |     |Holden, Jones,        |                    |
          |                |     |Mullin, Ting, Wood    |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |18-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonta,         |                    |
          |                |     |Calderon, Chang,      |                    |
          |                |     |Daly, Eggman,         |                    |
          |                |     |Gallagher,            |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Roger Hernández,      |                    |








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          |                |     |Holden, Jones,        |                    |
          |                |     |Obernolte, Quirk,     |                    |
          |                |     |Santiago, Wagner,     |                    |
          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Makes numerous minor, technical, or non-substantive  
          changes to various provisions pertaining to the health-related  
          regulatory boards of the Department of Consumer Affairs (DCA).   
          Specifically, this bill:
          1)Makes the following changes related to the Dental Board of  
            California (DBC) and the dental practice act:
             a)   Reflects the integration of the National Board Dental  
               Examination of the Joint Commission on National Dental  
               Examinations (Joint Commission) from two parts to one.
          2)Makes the following changes related to the Medical Board of  
            California (MBC) and the practice act:
             a)   Deletes obsolete language pertaining to an inoperative  
               task force.
             b)   Deletes an obsolete reference to complaint retention for  
               licensees.


             c)   Deletes obsolete language pertaining to the inoperative  
               Bureau of Medical Statistics.


          3)Requires the Board of Podiatric Medicine (BPM) to elect a  
            secretary in addition to a president and vice president. 
          4)Makes the following changes related to the Board of Behavioral  
            Sciences (BBS) and the Licensed Marriage and Family Therapist  
            (LMFT), Licensed Clinical Social Worker (LCSW) and Licensed  
            Professional Clinical Counselor (LPCC) practice acts.


             a)   Replaces the titles "marriage and family therapist  








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               intern" or "marriage and family therapist registered  
               intern" with the titles "associate marriage and family  
               therapist" or "registered associate marriage and family  
               therapist" beginning January 1, 2018.
             b)   Deletes an obsolete reference pertaining to school  
               approval.


             c)   Clarifies that social worker, marriage and family, and  
               professional clinical counselor interns, trainees, or  
               associates may not gain supervised experience while  
               employed as independent contractors, as specified.


             d)   Replaces the term "associate social worker" with  
               associate clinical social worker.


             e)   Prohibits LCSW applicants from taking only the clinical  
               examination until the school has obtained accreditation, as  
               specified. 


             f)   Expands the approved accreditation agencies, as  
               specified.


             g)   Replaces the titles "professional clinical counselor  
               intern" or "professional clinical counselor registered  
               intern" with the titles "associate professional clinical  
               counselor" or registered associate professional clinical  
               counselor" beginning January 1, 2018.


             h)   Requires applicants for licensure or registration as a  
               professional clinical counselor to submit to the BBS a  
               certification from the applicant's educational institution  
               that the institution's required curriculum for graduation  
               and any associated coursework meet specified curriculum  








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               requirements. 


             i)   Deletes an obsolete reference to a grandfathering  
               provision for licensure as an LPCC. 


          5)Makes numerous other technical and clarifying amendments. 
          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, any fiscal impact to the DCA and affected boards is  
          expected to be minor and absorbable.


          COMMENTS:  


          Purpose.  This bill is sponsored by the author.  According to  
          the author, "this bill is one of two "committee bills" authored  
          by the [Senate Committee on Business, Professions and Economic  
          Development] and is intended to consolidate a number of  
          non-controversial provisions related to various regulatory  
          programs and professions governed by the Business and Profession  
          Code (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.   
          However, as a Committee bill, if controversy or opposition  
          should arise regarding any provision that cannot be resolved,  
          then that provision will be removed from the bill.  This will  
          eliminate the chance of placing any of the other provisions in  
          jeopardy."


          Background.  Dental Board of California.  The DBC is responsible  








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          for the licensure and regulation of licensed dental health  
          professionals, which includes dentists, registered dental  
          assistants, and registered dental assistants in extended  
          functions.  BPC Section 1632(a) specifies that applicants for  
          licensure as a dentist must successfully complete the Part I and  
          Part II written examinations of the National Board Dental  
          Examination of the Joint Commission.  As noted by the author, in  
          2017, the Joint Commission will be integrating the two-part  
          examination into one singular examination.  The changes in this  
          bill reflect the integration of the examinations into one  
          examination. 


          Medical Board of California.  AB 2394 (Firebuagh), Chapter 802,  
          Statues of 2000, established a Task Force on Culturally and  
          Linguistically Competent Physicians and Dentists, chaired by the  
          Director of the DCA.  The task force was required to report to  
          the Legislature and the respective licensing boards within two  
          years after its establishment.  The task force released its  
          report to the Legislature as required by AB 2394 in 2003.   
          According to the author, the task force has not been active  
          since 2003.  This bill deletes BPC Section 852 pertaining to the  
          establishment of the inactive task force. 


          BPC Section 2029 requires the MBC to keep a copy of a complaint  
          received regarding poor quality of care rendered by a licensee  
          for 10 years from the date the MBC received the complaint.   
          Currently, the MBC follows the provisions of BPC Sections of  
          2227.5 which requires the MBC to keep a copy of a complaint it  
          receives concerning the unprofessional conduct of a licensee for  
          seven years or until the statute of limitations for filing an  
          accusation against a licensee has expired, whichever period is  
          shorter, if the MBC finds after an investigation that there is  
          insufficient evidence to proceed with disciplinary action.  The  
          author notes that this provision, along with the statute  
          pertaining to the time limit for filing an accusation (BPC  
          Section 2230.5), renders BPC Section 2029 inoperative;  
          therefore, this bill deletes BPC Section 2029.








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          The Bureau of Medical Statistics under the MBC was enacted in  
          1980.  Currently, the MBC is responsible for collecting medical  
          statistics and the bureau is no longer active.  This bill  
          deletes obsolete language pertaining to the Bureau of Medical  
          Statistics. 


          Board of Podiatric Medicine.  BPC Section 2467 requires the BPM  
          to annually elect a president and a vice president of its board;  
          this bill will require the BPM to additionally elect a  
          secretary.  The author notes that the BPM requested the  
          additional elected board position. 


          Board of Behavioral Sciences.  The BBS licenses and regulates  
          LCSWs, LMFTs, LEPs, and LPCCs.  Additionally, the BBS registers  
          Associate Clinical Social Workers (ACSW), Marriage and Family  
          Therapist Interns (MFT Interns), Professional Clinical Counselor  
          Intern (PCC Interns), and until June 30, 2015, registered  
          continuing education (CE) providers.  Each profession has its  
          own scope of practice, entry-level requirements, and  
          professional settings, with some overlap in certain areas.   
          Below are a few examples of settings in which licensees may  
          work; however, licensees may work in other settings that  
          lawfully provide mental health services.  


          Current law requires applicants for licensure as LMFT, LCSW, and  
          LPCC to obtain supervised hours of experience in order to  
          qualify for licensure.  LMFT, LCSW, and LPCC applicants are  
          permitted to obtain experience hours as a volunteer or an  
          employee, but BPC Sections 4980.43 and 4999.47 specifically  
          prohibit applicants for LMFT and LPCC from gaining experience  
          while employed as an independent contractor.  This bill further  
          clarifies that associates, trainees or interns employed as  
          independent contractors may not gain experience for work  
          performed as an independent contractor or employed as an  








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          independent contractor. 


          SB 704 (Negrete McLeod), Chapter 387, Statutes of 2011,  
          restructured the examination process for LMFTs, LCSWs, and  
          LPCCs.  That bill established new requirements for licensure and  
          registration which included a provision that applicants must  
          take and pass both a California law and ethics examination and a  
          clinical examination as prescribed by the BBS.  Those changes  
          also required that beginning January 1, 2016, in order to renew  
          registration as an ACSW, an individual must take and pass the  
          California law and ethics examination.  However, under current  
          law, BPC Section 4996.18 specifies that a LCSW applicant is not  
          eligible to take any examination until his or her school or  
          department of social work has received accreditation by the  
          Commission.  Without the changes proposed by this bill, an  
          individual may not be able to take the California and law and  
          ethics examination rendering the applicant ineligible for  
          renewal.  


          According to information from the BBS, the purpose of BPC  
          Section 4996.18 was to prohibit an LCSW applicant from obtaining  
          licensure until the applicant's school or department of social  
          work obtained accreditation from the Commission.  However, as a  
          result of SB 704, the new examination requirements will be  
          implemented January 1, 2016.  After this date, in order to renew  
          an ACSW registration, an applicant must take and pass the law  
          and ethics examination.  Previously, both required examinations  
          were taken at the end of acquiring hours and upon meeting  
          educational accreditation standards.  Since accrediting a school  
          can takes several years, the current law could cause a first  
          year associate to be unable to take the California law and  
          ethics examination, and consequently, be unable to renew his or  
          her registration.  This bill makes conforming changes to allow  
          applicants for LCSW to take the law and ethics examination while  
          their school or department of social work is waiting for  
          accreditation, in order to meet new examination requirements for  
          registered as ACSWs.








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          SB 788 (Wyland), Chapter 619, Statutes of 2009, established the  
          LPCC Act.  BPC Section 4999.54 was enacted to establish a  
          grandfathering provision at the beginning of the LPCC licensure  
          program.  At that time the BBS accepted specified applications  
          for licensure under the grandfathering provisions between  
          January 1, 2011 and December 31, 2011.  Although the application  
          period ended five years ago, the provision remained to allow  
          those applicants to remediate missing coursework requirements.   
          The remediation period has since ended and this bill will delete  
          now obsolete references to the grandfathering provisions. 


          Persons seeking licensure as an LMFT, LCSW, and LPCC must first  
          register with the BBS and obtain hours of supervised experience.  
           According to the author, Registrants gaining supervised  
          experience hours toward an LMFT or LPCC license are referred to  
          as "interns" throughout applicable code.  Stakeholders and  
          registrants have voiced concerns that the "intern" title for  
          LMFT and LPCC registrants may not be an accurate representation  
          of their post-master's degree graduate status.  Registrants  
          gaining experience hours toward an LCSW license are referred to  
          as "associates."  This bill would change reference from "intern"  
          to "associate" for LMFT and LPCC applicants to create  
          consistency in the titles used by the BBS and remedy a common  
          misconception that LMFT and LPCC interns have not yet graduated.




          Analysis Prepared by:                                             
                          Elissa Silva / B. & P. / (916) 319-3301  FN:  
          0003577













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