BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 724|
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THIRD READING
Bill No: SB 724
Author: Senate Business and Professions Committee
Amended: As introduced
Vote: 27
SENATE BUSINESS & PROFESSIONS COMMITTEE : 4-0, 4/2/01
AYES: Figueroa, Machado, O'Connell, Polanco
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Healing arts
SOURCE : Author
DIGEST : This bill makes changes to the regulation of
various health care professionals, including licensed
educational psychologists, licensed clinical social
workers, marriage and family therapists, dentists,
physicians and surgeons, pharmacists, vocational nurses and
psychiatric technicians.
ANALYSIS : This measure, one of three annual omnibus
bills, is intended to attend to various housekeeping items
for health care regulatory programs and licensees. The
bill attempts to do this by either (1) updating statutes to
reflect various changes to programs within the State
Department of Consumer Affairs over the past year; (2)
attending to code maintenance by doing technical clean-up
and deleting obsolete references, or (3) improving the
administration of the various boards by clearing up
ambiguity or enhancing enforcement authority.
CONTINUED
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Specifically, this bill:
1.Makes the following changes pertaining to the Board of
Behavioral Sciences:
A. Adds a qualifying degree title that conforms to the
current marriage and family therapist license title.
B. Broadens the board's authority to approve
qualifying degree programs.
C. Specifies that a degree program must be a single,
integrated program that is designed to train marriage
and family therapists.
D. Eliminates references to degrees that are no longer
granted.
E. Requires registered marriage and family therapist
interns and associate clinical social workers,
applying for renewal, to notify the board if they have
been convicted of a crime since their last renewal.
F. Clarifies that the registration of unlicensed
marriage and family therapist interns shall not be
renewed or reinstated beyond the timeframe identified
in law.
G. Clearly identifies a timeframe during which the
board will accept a passing score on the California
written examination.
H. Deletes an inaccurate reference to registrant
status for licensed educational psychologists.
I. Clarifies the current prohibition against licensed
clinical social workers having sexual relations with
patients by specifying that such conduct is prohibited
within two years following the termination of therapy.
J. Corrects inaccurate code references.
K. Repeals an obsolete section of law regarding the
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rights of a visually impaired person in relation to
education and licensure as a licensed clinical social
worker.
L. Broadens the board's authority to deny a license to
applicants who are subject to an order of registration
pursuant to Section 290 of the penal code. ["Megan's
Law"]
M. Clearly identifies all the educational requirements
for licensure as a licensed clinical social worker.
N. Deletes obsolete language referencing experience
gained toward requirements for registration as an
associate clinical social worker.
O. Deletes language that could be misconstrued to mean
that an associate clinical social worker must be an
employee of their supervisor.
P. Deletes obsolete language regarding a report
already submitted to the Legislature.
Q. Deletes the requirement that a supervisor submit
evidence of satisfactorily completing supervised
experience gained by an associate clinical social
worker.
R. Clearly outlines the actual number of hours of
experience that must be accrued for face-to-face
psychotherapy.
S. Clarifies that the supervisor of an associate
clinical social worker in a private practice setting
must also regularly conduct business in this setting.
T. Specifies that all associate clinical social
workers, regardless of whether they have accrued their
experience toward licensure, must continue to receive
a minimum of one hour of supervision each week until
licensed.
2.Makes the following changes pertaining to the Dental
Board:
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A. Repeals the provision allowing certification in
oral conscious sedation for minor patients by
documentation.
B. Modifies the provisions governing the board's
examining committee.
C. Provides for a disabled inactive status and reduced
license fee for any licensee who can demonstrate, to
the satisfaction of the board, that they are unable to
practice dentistry due to a disability.
D. Repeals the sunset dates of various general
anesthesia provisions.
3.Makes the following changes pertaining to the Medical
Board:
A. Clarifies that the two-year exemption from
licensure as a physician and surgeon during
postgraduate training is cancelled and participation
in the program must cease if the board's Division of
Licensing denies the individual's application for
licensure.
B. Clarifies that the two-year exemption from
licensure for physicians and surgeons who are
recruited to practice in state and county institutions
is not allowed without the approval of the board's
Division of Licensing.
C. Repeals an unnecessary requirement relative to
providing documentation of specified coursework prior
to entering medical school.
D. Repeals an obsolete reference to verification of
citizenship in relation to applicants for a physician
and surgeon's certificate.
E. Codifies a current practice of referring applicants
for a psychiatric evaluation or an oral clinical
competency examination when there is clear and
convincing evidence in the applicant's background that
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a condition has affected the individual's ability to
practice safely or has resulted in disciplinary
action.
F. Clarifies and specifies that certain reports shall
include the name and license number of the responsible
physician and surgeon.
4.Makes the following changes pertaining to the Board of
Pharmacy:
A. Deletes an obsolete reference to medical device
retailers.
B. Provides that "manufacturer" shall not mean a
pharmacy that, at the patient's request, repackages a
drug previously dispensed to the patient or the
patient's agent pursuant to a prescription.
C. Reinstates an inadvertently repealed provision that
authorizes the board to specify in regulation that
certain dangerous devices may only be dispensed in a
pharmacy.
D. Authorizes the board to issue a temporary permit to
a pharmacy in certain limited instances.
E. Deletes obsolete language providing an exception to
the registration requirements for pharmacy
technicians.
F. Corrects a reference to an erroneous type of
license.
G. Deletes an incorrect reference to dispensing of
prescriptions.
H. Simplifies existing law, which requires
out-of-state entities distributing dangerous drugs or
dangerous devices on a wholesale basis in California
to be licensed by the board as a wholesaler.
I. Eliminates an obsolete provision regarding the
processing fee for remodeling plans and inspecting a
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remodeled pharmacy.
5.Makes the following change pertaining to the
Speech-Language Pathology and Audiology Board: Extends
the sunset date for the board.
6.Makes the following change pertaining to the Board of
Vocational Nursing and Psychiatric Technicians: Extends
the period of time required for petitioners to wait prior
to applying for reinstatement of a license, modification
of probation, or termination of probation.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 4/23/01)
Board of Behavioral Sciences
Board of Pharmacy
Board of Vocational Nursing and Psychiatric Technicians
California Academy of Audiology
California Association of Marriage and Family Therapists
Dental Board of California
CP:kb 4/23/01 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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