BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1478|
|Office of Senate Floor Analyses | |
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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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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:
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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.
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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
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