BILL ANALYSIS
SB 819
Page 1
SENATE THIRD READING
SB 819 (Business, Professions and Economic Development Committee)
As Amended June 22, 2009
2/3 vote. Urgency
SENATE VOTE :38-0
BUSINESS & PROFESSIONS 10-0 APPROPRIATIONS 15-0
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|Ayes:|Hayashi, Emmerson, |Ayes:|De Leon, Nielsen, |
| |Conway, Eng, | |Ammiano, |
| |Hernandez, Nava, Niello, | |Charles Calderon, Coto, |
| |John A. Perez, Ruskin, | |Davis, Duvall, Fuentes, |
| |Smyth | |Hall, Harkey, |
| | | |John A. Perez, Skinner, |
| | | |Solorio, Audra |
| | | |Strickland, Torlakson |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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). Specifically, this bill :
1)Makes changes to the following general provisions in the Business
and Professions Code (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 and 146);
d) Makes cleanup provisions relating to professional fiduciaries
to correct amendments that were made in SB 1047 of 2007 (BPC
6534, 6536, 6561); and,
e) Corrects the name of the Cemetery and Funeral Bureau and
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references to the Bureau's licensees (BPC 27 and 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b) Repeals several sections that are obsolete and outdated (BPC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 action (BPC 4982, 4989.54 and 4992.3); and,
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 $1,500.
3)Makes the following changes pertaining to the Board of Pharmacy
(BOP):
a) Corrects incorrect code section references (BPC 733, 4027,
4040, 4051, 4060, 4076, 4111, and 4174; Health and Safety Code
(HSC) 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);
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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 to the BPC which
left "sales" out of nonresident wholesaler language causing
issues with the Board's ability to cite and fine violations of
law (BPC 4161);
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
investigation (BPC 4231);
aa) Clarifies the definition of long-term care facility (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); and,
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
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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); and,
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):
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, and 8746).
6)Makes the following changes pertaining to the Board of Registered
Nursing (BRN):
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):
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 (BPC 103);
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b) 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);
c) Deletes a reference to a redundant reactivation fee for
licensees whose licenses have voluntarily been placed on
inactive status (BPC 3636); and,
d) Deletes an obsolete provision that provides start-up funding
for the Bureau (BPC 3685).
9)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) Deletes 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 (BPC 2570.5);
e) Authorizes the CBOT to allow "pre-ACOTE" qualified applicants
to be eligible for licensure (BPC 2570.6); and,
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).
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10)Makes the following changes pertaining to the Cemetery and Funeral
Bureau (CFB):
Makes technical cleanup to outdated provisions and other correcting
and clarifying changes (BPC 7616 and 7629; HSC 8778.5).
11)Makes the following change pertaining to the Certified Interior
Designers:
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 years (BPC 5801).
12)Makes the following change pertaining to the Medi-Cal Benefits
Program:
Deletes a specific reference to osteopathic physicians and replaces
with language that refers to all physicians and surgeons (Welfare
and Institutions Code 14132.100).
13)Makes the following change pertaining to the Certified Interior
Designers:
Requires all unencumbered funds remaining in the Transcript
Reimbursement Fund as of June 29, 2009, to be transferred to the
Court Reporters' Fund (BPC 8030.2).
14)Makes the following changes pertaining to the Medical Board of
California (MBC):
a) 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);
b) Specifies the licensure requirements for applicants whose
training was received outside the country (BPC 2102);
c) Makes technical corrections and conforming changes regarding
the duration of postgraduate training requirements (BPC 2107);
d) Specifies that the professional instruction for resident
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courses must be those which lead to a degree of Medical Doctor
(BPC 2135);
e) 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);
f) Repeals obsolete language regarding licensing examinations
(BPC 2172, 2173, 2174 and 2175). The provisions are obsolete
as the MBC no longer administers examinations;
g) 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);
h) Allows physicians licensed in other states to submit letters
of recommendation to the MBC on behalf of physicians whose
licenses are under investigation, on probation or have been
suspended (BPC 2307);
i) 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; and,
j) 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):
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):
Authorizes the PTBC to disconnect telephone service furnished to an
unlicensed person advertising in a telephone directory (BPC 149).
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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); and,
d) Adds respiratory care practitioners (RCPs) to a list a health
care providers who have liability protection in states of
emergency (Government Code 8659).
18) Makes the following change pertaining to the Veterinary Medical
Board (VMB):
Specifies that veterinary records regarding euthanasia are subject
to the Public Records Act (BPC 4857).
19) Takes effect immediately as an urgency measure.
EXISTING LAW :
1)Provides for the licensing and regulation of various professions
and businesses by some 26 boards, eight bureaus, and one 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.
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
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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
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 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 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; requires licensees to obtain continued
education (CE) through specified CE courses; and, requires
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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.
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; and, 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 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; and, requires
pharmacies to provide information regarding prescriptions for
certain controlled substances to the Department of Justice on a
weekly basis.
12)Provides for the licensure and regulation of psychologists, social
workers and marriage and family therapists by BBS and provides for
a system of citations and fines applicable to healing arts
licensees.
13)Provides for the licensing and regulation of professional
fiduciaries by the Professional Fiduciaries Bureau (PFB) within the
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DCA.
14)Provides for BEAR within DCA, until January 1, 2013, to regulate
and register service contractors and oversee the content of service
contract provisions.
15)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.
16)Establishes the Transcript Reimbursement Fund, with revenues in
the fund to be available to provide shorthand reporting services to
low-income litigants in civil cases. Requires all unencumbered
funds remaining in the Transcript Reimbursement Fund as of June 29,
2009, to be transferred to the Court Reporters' Fund, and repeals
these provisions on January 1, 2011.
FISCAL EFFECT : According to the Assembly Appropriations Committee
analysis, costs associated with this legislation are minor and would
be absorbable within existing resources.
COMMENTS : This bill is needed to make technical changes to the BPC.
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.
This bill is the annual Omnibus Committee bill authored by the Senate
Business, Professions and Economic Development Committee which
consolidates a number of non-controversial provisions related to
various regulatory programs and professions governed by the BPC.
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
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chance of placing any of the other provisions in jeopardy.
SB 1779 (Ridley-Thomas) of 2008, was an identical bill that the
Governor vetoed. The Governor vetoed a substantial number of bills
that year with the same message that, due to the delay in passing the
2008-09 State Budget, he would only sign bills that were "the highest
priority for California." Since the bill was vetoed because of the
budget delay 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.
Analysis Prepared by : Joanna Gin / B. & P. / (916) 319-3301
FN: 0001953