BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1478|
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                                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.










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          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:









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              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.








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              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  








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          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. 









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          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


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