BILL ANALYSIS
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|Hearing Date:April 27, 2009 |Bill No:SB |
| |819 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Gloria Negrete McLeod, Chair
Bill No: SB 819Author:Business, Professions and Economic
Development Committee
As Amended:April 20, 2009 Fiscal: Yes
SUBJECT: Professions and vocations.
SUMMARY: An urgency measure that makes several non-controversial,
minor, non-substantive or technical changes to various provisions
pertaining to the regulatory Boards in the Department of Consumer
Affairs (DCA).
Existing law
1)Provides for the licensing and regulation of various professions and
businesses by some 26 boards, 8 bureaus, and 1 commission within the
DCA under various licensing acts within the Business and Professions
Code (BPC), and requires specified boards and bureaus to disclose
information about licensees on the Internet, and to require
applicants to furnish a full set of fingerprints for the purpose of
conducting criminal history record checks.
2)Requires specified licensure boards to report to the State
Department of Health Care Services the name and license number of
individuals whose licenses have been revoked, suspended,
surrendered, made inactive or otherwise restricted; requires the
licensure boards to create and maintain a central file of its
licensees of all individuals; and requires the boards to prescribe
and promulgate written complaint forms.
3)The Medical Practice Act (Act) provides for the licensure and
regulation of physicians and surgeons by the Medical Board of
California (MBC) located in DCA. The Act requires applicants for a
physician's and surgeon's license to meet specified training and
examination requirements; authorizes the appointment of examination
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commissioners, requires the examination to be conducted in English
except as specified; allows the examinations to be conducted in
specified locations; requires notice of examinations to contain
certain information; and requires examination records to be kept on
file for two or more years. The Act also allows a licensee whose
certificate has been surrendered, revoked, suspended or placed on
probation to petition for certificate reinstatement or modification
of the penalty.
4)Provides for the licensure and regulation of podiatrists by the
Board of Podiatric Medicine (BPM) in the MBC; authorizes the BPM to
issue, within 90 days, a non-adoption order of a Medical Quality
Hearing Panel's proposed decision or interim order; and requires an
applicant for a podiatric practice certificate to meet specified
application procedures.
5)The Occupational Therapy Practice Act provides for the licensure and
regulation of occupational therapists by the California Board of
Occupational Therapy (CBOT); requires occupational therapists to
document their evaluation, treatment plan and summary of treatment
in patient records; and authorizes the granting of a limited permit
to practice occupational therapy if specified education and
examination requirements are met, but states that if a person fails
to qualify for or pass the first announced licensure examination,
all limited privileges cease upon notice.
6)The Nursing Practice Act provides for the licensure and regulation
of nurses by the Board of Registered Nursing (BRN) in DCA and
authorizes individuals whose license is revoked, suspended or placed
on probation to petition for the reinstatement of the license or
modification of the penalty after a specified time.
7)The Naturopathic Doctors Act provides for the licensure and
regulation of naturopathic doctors by the Bureau of Naturopathic
Medicine (BNM) in DCA; authorizes the BNM to grant licenses to
individuals who completed training prior to 1986 and meet certain
requirements if the application was received before 2008 and
requires licensees to obtain continued education (CE) through
specified CE courses; and requires licensees on inactive status to
meet certain requirements in order to restore the license, including
paying a reactivation fee.
8)Authorizes the DCA to establish an advisory council related to
naturopathic doctors composed of members who receive no
compensation, travel allowances or reimbursement of expenses.
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9)Provides for the licensure and regulation of respiratory care
practitioners by the Respiratory Care Board (RCB) of California;
authorizes the RCB to deny, suspend or revoke a respiratory care
license if the licensee obtains or possesses, furnishes, administers
or uses a controlled substance or dangerous drug unless directed by
an authorized health care practitioner; authorizes the RCB to direct
respiratory care practitioners or applicants who have violated the
law to pay for their investigation and prosecution costs; requires
respiratory care practitioners, upon license renewal, to notify the
RCB of specified information.
10)Exempts certain healing arts practitioners from liability for the
provision of specified services rendered during a state of war,
state of emergency or local emergency.
11)The Pharmacy Law provides for the licensure and regulation of
pharmacists and pharmacies by the California State Board of Pharmacy
(BOP) in DCA; authorizes pharmacies to furnish dangerous drugs to
specified persons and entities and subjects certain pharmacies and
persons who violate this provision to specified fines; requires
pharmacies or pharmacists in charge of or managing a pharmacy to
notify the BOP, within 30 days, of the termination of the Pharmacist
in Charge (PIC) or acting as manager and provides that a violation
of this provision is grounds for disciplinary action; makes
non-pharmacist owners of pharmacies who commit acts to subvert or
tend to subvert the efforts of a PIC to comply with the law guilty
of a misdemeanor of PIC; requires pharmacies to provide information
regarding prescriptions for certain controlled substances to the
Department of Justice on a weekly basis.
12)Existing law provides for the licensure and regulation of
psychologists, social workers and marriage and family therapists by
the Board of Behavioral Sciences (BBS) and provides for a system of
citations and fines applicable to healing arts licensees.
13)Provides for the licensing and regulation of various professions
and businesses by some 26 boards, 8 bureaus, and 1 commission within
the DCA under various licensing acts within the BPC, and requires
specified boards and bureaus to disclose information about licensees
on the Internet, and to require applicants to furnish a full set of
fingerprints for the purpose of conducting criminal history record
checks.
14)Provides for the licensing and regulation of professional
fiduciaries by the Professional Fiduciaries Bureau (PFB) within the
DCA.
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15)Provides for the Bureau of Electronic and Appliance Repair (BEAR)
within DCA, until January 1, 2013, to regulate and register service
contractors and oversee the content of service contract provisions.
16)Establishes a scheme for the certification and regulation of
interior designers, and provides that an interior designer may
obtain a stamp from an interior design organization by meeting one
of four education or experience requirements, including having a
combination of interior design education and interior design
experience that together total at least eight years.
This bill:
1)Makes changes to the following general provisions in the BPC:
a) Adds the Professional Fiduciaries Bureau to the lists of
specified boards and bureaus which must disclose information about
licensees on the Internet (BPC 27).
b) Require applicants to furnish fingerprints for the purpose of
conducting criminal history record checks (BPC 144).
c) Makes correcting and conforming changes (BPC 101, 146).
d) Makes cleanup provisions relating to professional fiduciaries to
correct amendments that were made in SB 1047 of 2007 (BPC 6534,
6536, 6561).
e) Corrects the name of the Cemetery and Funeral Bureau and
references to the Bureau's licensees (BPC 27, 144).
2)Makes the following changes pertaining to the Board of Behavioral
Sciences (BBS):
a) Makes technical changes to maintain the clarity and
consistency of the BBS statutes (BPC 128.5, 801, 803, 4980.04,
4980.30, 4980.43, 4996.17 and 4996.18)
b) Repeals several sections that are obsolete and outdated (BPC
4981, 4994.1, 4996.20 and 4996.21)
c) Specifies that engaging in conduct that subverts any licensing
examination or administration of an examination is considered
unprofessional conduct and therefore, subject to disciplinary
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action (BPC 4982, 4989.54 and 4992.3).
d) Specifies that the BBS would cease publishing a citation and
fine determination against a licensee on the Internet after five
years from the issuance of the citation (BPC 4990.09). The
five-year limit would not apply to citations where the fine paid
is in excess of $1500.
3)Makes the following changes pertaining to the Board of Pharmacy:
a) Corrects incorrect code section references (BPC 733, 4027,
4040, 4051, 4060, 4076, 4111, 4174 and Health and Safety Code
11150).
b) Clarifies the definition of "designated
representative-in-charge" as well as the responsibilities of a
licensee acting in that capacity (BPC 4022.5).
c) Defines the term "pharmacist-in-charge" as well as the
responsibilities of a pharmacist serving as such (BPC 4036.5).
d) Clarifies that a designated representative must sign for and
receive delivery for drugs by a wholesaler (BPC 4059.5).
e) Permits the use of a mobile pharmacy in the event of a
declared natural disaster under specified criteria (BPC 4062).
f) Corrects a drafting error in previous legislation (BPC 4081).
The correct term should be "designated representative in charge.
g) Permits the use of a mobile pharmacy on a temporary basis when
a pharmacy is destroyed or damaged (BPC 4110).
h) Specifies who in the drug supply chain may receive dangerous
drugs furnished by a pharmacy (BPC 4126.5).
i) Corrects an oversight from a 2004 revision of BPC 4161 which
left "sales" out of nonresident wholesaler language causing
issues with the Board's ability to cite and fine violations of
law.
j) Grants the Board the authority to automatically inactivate a
pharmacist's license when a pharmacist who certifies completion
of required continuing education as a part of licensure renewal
fails to provide proof either as part of an audit or
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investigation (BPC 4231).
aa) Clarifies the definition of long-term care facility for
purposes of BPC 4301.
bb) Specifies that failure to meet pharmacist-in-charge
notification requirements can constitute grounds for disciplinary
action (BPC 4305).
cc) Prohibits a non-pharmacist from acting as supervisor or
pharmacist-in-charge (BPC 4329). California law allows for
anyone to own a pharmacy, but requires a pharmacist must be in
charge of and responsible for the operations of a pharmacy.
dd) Clarifies that a pharmacy owner who subverts or tends to
subvert the efforts of a pharmacist-in-charge is guilty of a
misdemeanor (BPC 4330).
ee) Requires clinics that dispense schedule II, III and IV
controlled substances to report specified information to CURES on
a weekly basis (HSC 11165). This requirement already applies
to pharmacies.
4)Makes the following changes pertaining to the Board of Podiatric
Medicine (BPM):
a) Specifies that in order to be issued a license to practice
podiatric medicine, an applicant must submit directly to the
Board verification from the credentialing organizations, that he
or she has met the licensing requirements (BPC 2486 and 2488).
b) Makes technical changes to maintain the clarity and
consistency of the BPM statutes (BPC 2307).
5)Makes the following changes pertaining to the Board for Professional
Engineers and Land Surveyors (BPELS):
a) Corrects an erroneous reference in law and repeals an outdated
provision which requires the board to meet in order to approve a
license to be issued. Requiring applicants who have met all
qualifications to be issued a license while waiting for the board
to meet delays in licensure for otherwise qualified individuals
(BPC 6761, 8740, 8746).
1)Makes the following changes pertaining to the Board of Registered
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Nursing (BRN):
a) Clarifies the time period for which registered nurse licensure
applicants may petition the Board for a change in their
discipline status (BPC 2760.1). This conforms the petitioning
time period for both applicants and licensees.
7) Makes the following changes pertaining to the Bureau of Electronic
and Appliance Repair (BEAR):
a) Makes it an infraction for any person to act as a service
contractor unless that person first registers with the BEAR, and
authorizes issuing infraction citations to unregistered service
contractors (BPC 9855.1.5).
8) Makes the following changes pertaining to the Bureau of
Naturopathic Medicine:
a) Permits the bureau to reimburse the advisory council and
committee members for their travel expenses (BPC 3625). This
amount is limited to no more than $100 per day by BPC 103.
b) Allows, until December 31, 2010, Naturopathic Doctors who have
passed a Canadian licensing examination before 1994 to apply for
licensure (BPC 3633.1).
c) Deletes an obsolete reference to the Medical Board of
California (MBC) as one of the entities responsible for approving
continuing education courses and replaces it with language that
states any course approved as continuing education for physicians
and surgeons is also deemed approved for naturopathic doctors
(BPC 3635).
d) Deletes a reference to a redundant reactivation fee for
licensees whose licenses have voluntarily been placed on inactive
status (BPC 3636).
e) Deletes an obsolete provision that provides start-up funding
for the Bureau (BPC 3685a).
9) Makes the following changes pertaining to the California Architects
Board:
a) Makes a one-time modification to the terms of four members to
achieve a more even and consistent sequence of terms to avoid
quorum issues that prevent the Board from taking action on
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important issues (BPC 5515.5).
10) Makes the following changes pertaining to the California Board of
Occupational Therapy (CBOT):
a) Requires the CBOT to report the name and license number of
licensees prohibited from practicing to the Department of Health
Services (DHS) with the intent to prevent Medi-Cal reimbursement
fraud (BPC 683).
b) Adds the CBOT to the list of Boards required to create a
central file of the names of all licensees for the purpose of
obtaining an historical record of each licensee (BPC 800).
c) Requires Occupational Therapy Assistants (OTAs) to document
their services in patient records and requires both OTAs and
Occupational Therapists (OTs) to sign patient records legibly
(BPC 2570.18.5).
d) Amend BPC 2570.5(b) to delete language pertaining to the
"first available examination" as the exam is now computer-based
and offered on demand and to clarify that the limited privilege
ceases to apply to people who fail to pass the exam during the
initial eligibility period.
e) Authorizes the CBOT to allow "pre-ACOTE" qualified applicants
to be eligible for licensure (BPC 2570.6).
f) Provides consistent nomenclature to ensure that qualified
practitioners are not denied licensure to practice due to name
changes of organization(s) over the last 15-40 years (BPC
2570.7)
11) Makes the following changes pertaining to the Cemetery and Funeral
Bureau (CFB):
a) Makes technical cleanup to outdated provisions and other
correcting and clarifying changes (BPC 7616, 7629; Health &
Safety Code 8778.5).
12) Makes the following change pertaining to the Certified Interior
Designers:
a) Clarifies that a person may qualify to become a certified
interior designer by either education or experience, or a
combination of both education and experience that totals eight
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years (BPC 5801).
Makes the following change pertaining to the Medi-Cal Benefits
Program:
a) Deletes a specific reference to osteopathic physicians and
replaces with language that refers to all physicians and surgeons
(Welfare and Institutions Code 14132.100).
14) Makes the following changes pertaining to the Medical Board of
California (MBC):
a) Specifies that malpractice actions have to be made in
California to be reported as the Board does not have jurisdiction
to investigate actions made out of state (BPC 801.01).
b) Explains and clarifies the types of residency programs and
post graduate training programs that are approved for the
clinical instruction requirement (BPC 2089.5 and 2096).
c) Specifies the licensure requirements for applicants whose
training was received outside the country (BPC 2102).
d) Makes technical corrections and conforming changes regarding
the duration of postgraduate training requirements (BPC 2107).
e) Specifies that the professional instruction for resident
courses must be those which lead to a degree of Medical Doctor
(BPC 2135).
f) Includes a requirement for continuing medical education for
specialty faculty permits to make it consistent with requirements
for other licensees (BPC 2168.4 and 2169).
g) Repeals obsolete language regarding licensing examinations
(BPC 2172, 2173, 2174 and 2175). The provisions are obsolete
as the MBC no longer administers examinations.
h) Creates a process by which an applicant's probationary
certificate can be modified or terminated in a way that is
consistent with the current process in which a probationary
certificate is modified through an enforcement action (BPC
2221).
i) Allows physicians licensed in other states to submit letters
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of recommendation to the MBC on behalf of physicians whose
licenses are under investigation, on probation or have been
suspended (BPC 2307).
j) Changes the MBC's timeframe acting on proposed decisions from
90 days to 100 days (BPC 2335). The current 90-day requirement
is not consistent with other sections relating to this
requirement.
aa) Makes technical changes to maintain the clarity and
consistency of the MBC statutes (BPC 2486 and 2488).
15) Makes the following change pertaining to the Physician Assistant
Committee (PAC):
a) Deletes obsolete references to interim approval to practice
(BPC 3503, 3517 and 3518). Interim approval is no longer
needed as the licensing examination is now offered on a monthly
basis.
16) Makes the following change pertaining to the Physical Therapy
Board of California (PTBC):
a) Authorizes the PTBC to disconnect telephone service furnished
to an unlicensed person advertising in a telephone directory (BPC
149).
17) Makes the following changes pertaining to the Respiratory Care
Board of California (RCB):
a) Allows the Board to take disciplinary action against a
licensee practicing respiratory care while under the influence of
drugs or alcohol (BPC 3750.5). Limits the Board's action to
the timeframe in which the individual applies for licensure or is
licensed by the Board.
b) Clarifies the Board's authority to recover costs for
disciplinary matters involving probation violations (BPC
3753.5).
c) Permits the Board to inactivate the license of any licensee
who fails to provide requested information pertaining to his or
her conviction record within 30 days (BPC 3773).
d) Adds respiratory care practitioners (RCPs) to a list a health
care providers who have liability protection in states of
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emergency (Government Code 8659).
18) Makes the following change pertaining to the Veterinary Medical
Board (VMB):
a) Specifies that veterinary records regarding euthanasia are
subject to the Public Records Act (BPC 4857).
FISCAL EFFECT: Unknown. This bill has been keyed "fiscal" by
Legislative Counsel.
COMMENTS:
1.Purpose. This bill is needed to make technical changes to the
Business and Professions Code. Many of the provisions of this bill
are minor, technical and updating changes. While other provisions
are substantive changes intended to improve the ability of various
licensing programs and other entities to efficiently and effectively
administer their respective laws.
2.Background. This bill is the annual Omnibus Committee bill authored
by the Business, Professions and Economic Development Committee
which consolidates a number of non-controversial provisions related
to various regulatory programs and professions governed by the
Business and Professions Code. Consolidating the provisions in one
bill is designed to relieve the various licensing Boards, bureaus
and professions from the necessity and burden of having separate
measures for a number of non-controversial revisions.
As a Committee bill, this measure is jointly authored by each of the
members of the Committee. As such, by its very nature, it is a
consensus bill. If controversy or opposition should arise regarding
any provision in this bill 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.
3.Previous Legislation. This bill is a reintroduction of SB 1779
(Ridley-Thomas, 2008) , which was one of the many bills vetoed by the
Governor due to last year's late budget. Since the bill was vetoed
on a "because of the budget deliberations" and not substantive
policy issues, some of the DCA Boards have requested SB 819 include
an urgency clause to allow DCA's regulatory entities to implement
these consensus improvements as quickly as possible.
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SUPPORT AND OPPOSITION:
Support:
Board of Behavioral Sciences
Board of Podiatric Medicine
California Architects Board
Medical Board of California
Respiratory Care Board of California
Opposition:
None received as of April 22, 2009
Consultant:Yuliya Zeynalova