BILL ANALYSIS
AB 1746
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Date of Hearing: March 23, 2010
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 1746 (Emmerson) - As Introduced: February 8, 2010
SUBJECT : Architects: continuing education.
SUMMARY : Authorizes the California Architects Board (CAB) to
accept self-certification of completed continuing education (CE)
requirements for license renewals. Specifically, this bill :
1)Requires licensees to continue submitting specified
documentation of completed CE requirements to CAB as a
condition of license renewal until the conclusion of the
license renewal cycle beginning January 1, 2011.
2)Requires a licensee to self-certify completed CE requirements
to CAB, as a part of the license renewal process, beginning
January 1, 2013.
3)Authorizes CAB to audit a licensee's records of CE provider
completion, and requires CAB to audit at least three percent
of license renewals received each year until January 1, 2015.
4)Requires a licensee to maintain CE records for a minimum of
two years from the date of license renewal and to make the
records available to CAB for an audit, upon request.
5)Requires a licensee who fails to complete the required CE
coursework or provides false or misleading statements to pay a
civil penalty not to exceed $5,000, face license suspension or
revocation, or by both civil penalty and license suspension or
revocation.
6)Requires CAB, on or before January 1, 2019, to submit a letter
to the Legislature on required disability access CE provisions
that includes the level of licensee compliance, CAB actions
taken for noncompliance, CAB audit findings, and CAB
recommendations for improvement.
EXISTING LAW :
1)Provides for the licensure and regulation of persons engaged
in the practice of architecture by CAB.
AB 1746
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2)Requires a licensed architect, as a condition of license
renewal, to complete coursework on disability access
requirements, as specified, and to certify completion to CAB.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of the bill . According to the author's office, "SB 1608
(Corbett), Chapter 549, Statutes of 2008, required California
architects to take disability access CE as a condition of
license renewal. In its brief life, the reporting requirements
have been costly and burdensome for CAB to manage.
Additionally, it delayed confirmation of license renewal for
many architects renewing in 2009 who complied with CE
requirements. This bill would change reporting requirements to
a certification and audit model?and allow CAB to manage the CE
requirements in a more effective and efficient manner."
Background . CAB establishes regulations for the examination and
licensing of architects in California. There are approximately
22,000 licensed architects and approximately 11,000 candidates
who are in the process of meeting examination and licensure
requirements.
The Governor's veto message of AB 623 (Emmerson) of 2009, which
would have required architects to complete additional health,
safety, and welfare (HSW) CE requirements as a condition of
license renewal states: "This bill would authorize CAB to
require a licensee, as a condition of renewal, to certify to CAB
that he or she has completed CE in, or relevant to, the practice
of architecture in subjects relating to HSW. I am supportive of
the provisions that modify the documentation requirements for
the existing CE requirements, but I believe this could be done
administratively. However, I do not believe we should be
placing additional burdens on licensees by demanding they
fulfill new CE requirements."
The author's office contends that this bill addresses the veto
message by deleting the CE requirements relating to HSW and
maintaining the self-certification of disability access CE
requirements as a condition of license renewal.
The author's office contends that other boards have similar
AB 1746
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self-certification and auditing policies for license renewals.
CAB would rely on consumer complaints to enforce this bill's
provisions. Currently, CAB reviews documentation verifying
completed CE requirements for every license renewal; this
process requires significant administrative resources and delays
when applicants receive their renewal licenses. This bill would
have no effect on reviewing completed CE documentation for
initial license applications.
Support . According to the sponsor, the American Institute of
Architects, California Council, "AB 1746 makes a significant
change to how architects report their compliance with the
existing disability access CE law. This change allows CAB to
manage the existing program in a more cost-effective manner.
The existing disability access CE law requires every architect
to submit documentation to CAB on the disability access courses
taken. CAB must read, verify, process, and store the coursework
forms. Beginning in 2011, we estimate CAB will receive more
than 40,000 of these forms every two years.
"AB 1746 removes the requirement that architects submit the
disability access coursework forms to CAB, and instead requires
architects to certify they took the courses, retain the
coursework forms for two years, and give them to CAB only upon
an audit. AB 1746 requires CAB to verify compliance with the
disability access CE law through random audits. The
certify/audit model is widely used by other licensing boards in
California to verify compliance with CE requirements, and is a
more cost effective model. This change will result in cost
savings to CAB."
Prior Legislation . AB 623 (Emmerson) of 2009 would have
required architects to complete additional CE requirements
relating to HSW as a condition of license renewal, if CAB
determined that it is in the interest of public HSW. The
Governor vetoed this bill.
SB 1608 (Corbett), Chapter 549, Statutes of 2008, required as a
condition of license renewal, that an architect complete
coursework regarding disability access requirements and certify
to CAB completion of the coursework prior to their license
renewal.
REGISTERED SUPPORT / OPPOSITION :
AB 1746
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Support
American Institute of Architects, California Council (AIACC)
(sponsor)
Opposition
None on file.
Analysis Prepared by : Joanna Gin / B. & P. / (916) 319-3301