BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1478| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 1478 Author: Committee on Business, Professions and Economic Development Amended: 8/18/16 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 SENATE FLOOR: 38-0, 5/12/16 (Consent) AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk NO VOTE RECORDED: Liu, Runner ASSEMBLY FLOOR: 79-0, 8/22/16 - See last page for vote 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. SB 1478 Page 2 Assembly Amendments eliminate chaptering conflicts and add clean up provisions relating to the Department of Consumer Affairs, Board of Optometry, and Board of Behavioral Sciences. ANALYSIS: Existing law provides for the licensing and regulation of various professions and businesses by the 26 boards, 10 bureaus, 3 committees, 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). This bill: 1) Makes the following changes relating to the Dental Board of California: 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 Medical Board of California: a) Deletes obsolete language in BPC § 852 regarding inoperative Task Force of Culturally and Linguistically Competent Physicians and Dentists. 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 Board of Podiatric Medicine: SB 1478 Page 3 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 California Board of Behavioral Sciences: 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. 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. i) Amends BPC §4996.3(a)(4) to clarify that the $100 fee refers to what the fee would be if the Board itself were administering the clinical exam. SB 1478 Page 4 j) Amends BPC §4980.78, 4980.79, and 4980.81(a)(1) to clarify that one semester unit in psychological testing and one semester unit of psychopharmacology are required in addition to the two semester units in diagnosis, assessment, prognosis, and treatment of mental disorders. 5) Makes the following changes relating to the DCA: a) Clarifies in BPC §208 that the annual fee for CURES [Controlled Substance Utilization Review and Evaluation System] shall not be applied to licensees in retired or inactive status. 6) Makes the following changes relating to the Board of Optometry: a) Corrects titles and references regarding the Board of Optometry in BPC §27, §2545, §2550, §2550.1, §2554, §2555.1, §2556.1, §2558, §2559, §3004, §3010.1, and §3027. 7) Resolves chaptering amendments with AB 1917 (Obernolte) and AB 2331 (Dababneh). Background This author and sponsor of the bill is the Senate Committee on Business, Professions and Economic Development. 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 SB 1478 Page 5 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." FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes According to the Assembly Appropriations Committee, any fiscal impact to the DCA and affected boards is expected to be minor and absorbable. This bill, however, has since been amended to include additional clean up provisions that have not yet been analyzed by a fiscal committee. SUPPORT: (Verified8/22/16) California Association of Licensed Professional Clinical Counselors Dental Board of California Medical Board of California OPPOSITION: (Verified8/22/16) None received ARGUMENTS IN SUPPORT: Groups in support of this bill cite that the bill aids entities under the DCA by consolidating and streamlining numerous non-controversial code clean-up changes. SB 1478 Page 6 ASSEMBLY FLOOR: 79-0, 8/22/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon NO VOTE RECORDED: Melendez Prepared by:Nicole Billington / B., P. & E.D. / (916) 651-4104 8/22/16 22:15:47 **** END ****