BILL ANALYSIS
SB 819
Page 1
SENATE THIRD READING
SB 819 (Business, Professions and Economic Development
Committee)
As Amended September 2, 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 Section
27);
b) Require applicants to furnish fingerprints for the
purpose of conducting criminal history record checks (BPC
Section 144);
c) Makes correcting and conforming changes (BPC Sections
101 and 146);
d) Makes cleanup provisions relating to professional
fiduciaries to correct amendments that were made in SB 1047
of 2007 (BPC Sections 6534, 6536, 6561); and,
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e) Corrects the name of the Cemetery and Funeral Bureau and
references to the Bureau's licensees (BPC Sections 27 and
144);
f) Clarifies provisions relating to the filing and
submission of disciplinary information for specified health
care practitioners (BPC Section 800); and,
g) Makes non-substantive clarifying and technical
amendments, and delete obsolete requirements.
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 Sections 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b) Repeals several sections that are obsolete and outdated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 Sections 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 Sections 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
Section 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 Sections
733, 4027, 4040, 4051, 4060, 4076, 4111, and 4174; Health
and Safety Code (HSC) Section 11150);
b) Clarifies the definition of "designated
representative-in-charge" as well as the responsibilities
of a licensee acting in that capacity (BPC Section 4022.5);
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c) Defines the term "pharmacist-in-charge" as well as the
responsibilities of a pharmacist serving as such (BPC
Section 4036.5);
d) Clarifies that a designated representative must sign for
and receive delivery for drugs by a wholesaler (BPC Section
4059.5);
e) Permits the use of a mobile pharmacy in the event of a
declared natural disaster under specified criteria (BPC
Section 4062);
f) Corrects a drafting error in previous legislation (BPC
Section 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, and it is
necessary to protect the health and safety of the public,
as specified (BPC Section 4110) ;
h) Specifies who in the drug supply chain may receive
dangerous drugs furnished by a pharmacy (BPC Section
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 Section 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 Section 4231);
aa) Clarifies the definition of long-term care facility (BPC
Section 4301);
bb) Specifies that failure to meet pharmacist-in-charge
notification requirements can constitute grounds for
disciplinary action (BPC Section 4305);
cc) Prohibits a non-pharmacist from acting as supervisor or
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pharmacist-in-charge (BPC Section 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 Section 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 Section 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 Sections 2486 and 2488); and,
b) Makes technical changes to maintain the clarity and
consistency of the BPM statutes (BPC Section 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 Sections 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 Section 2760.1). This conforms the
petitioning time period for both applicants and licensees.
7)Makes the following changes pertaining to the Bureau of
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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 Section 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 Section
3625). This amount is limited to no more than $100 per day
(BPC Section 103);
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 Section 3635);
c) Deletes a reference to a redundant reactivation fee for
licensees whose licenses have voluntarily been placed on
inactive status (BPC Section 3636); and,
d) Deletes an obsolete provision that provides start-up
funding for the Bureau (BPC Section 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 Section 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
Section 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
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records legibly (BPC Section 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 Section 2570.5);
e) Authorizes the CBOT to allow "pre-ACOTE" qualified
applicants to be eligible for licensure (BPC Section
2570.6);
f) Requires occupational therapists unable to demonstrate
completion of specified curriculum programs to demonstrate
passage of specified examinations to fulfill curriculum
requirements (BPC Section 2570.6); and,
g) 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 Section 2570.7).
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 Sections 7616 and 7629;
HSC Section 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 Section 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 Section 14132.100).
13)Makes the following change pertaining to the Certified
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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 Section 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 Sections 2089.5
and 2096);
b) Specifies the licensure requirements for applicants
whose training was received outside the country (BPC
Section 2102);
c) Makes technical corrections and conforming changes
regarding the duration of postgraduate training
requirements (BPC Section 2107);
d) Specifies that the professional instruction for resident
courses must be those which lead to a degree of Medical
Doctor (BPC Section 2135);
e) Includes a requirement for continuing medical education
for specialty faculty permits to make it consistent with
requirements for other licensees (BPC Sections 2168.4 and
2169);
f) Repeals obsolete language regarding licensing
examinations (BPC Sections 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
Section 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
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probation or have been suspended (BPC Section2307);
i) Changes the MBC's timeframe acting on proposed decisions
from 90 days to 100 days (BPC Section 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 Sections 2486 and
2488).
15)Makes the following change pertaining to the Physician
Assistant Committee (PAC):
Deletes obsolete references to interim approval to practice
(BPC Sections 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 Section 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 Section 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
Section 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 Section 3773); and,
d) Adds respiratory care practitioners (RCPs) to a list a
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health care providers who have liability protection in
states of emergency (Government Code Section 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 Section 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 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
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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 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
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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 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
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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 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
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