BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 821|
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UNFINISHED BUSINESS
Bill No: SB 821
Author: Senate Bus., Prof. & Econ. Develop. Committee
Amended: 8/17/09
Vote: 21
SENATE BUS., PROF. & ECON. DEVEL. COMMITTEE : 10-0, 4/27/09
AYES: Negrete McLeod, Wyland, Aanestad, Corbett, Correa,
Florez, Oropeza, Romero, Walters, Yee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 39-0, 5/26/09 (Consent)
AYES: Aanestad, Alquist, Ashburn, Benoit, Calderon,
Cedillo, Cogdill, Corbett, Correa, Cox, Denham,
DeSaulnier, Ducheny, Dutton, Florez, Hancock, Harman,
Hollingsworth, Huff, Kehoe, Leno, Liu, Lowenthal,
Maldonado, Negrete McLeod, Oropeza, Padilla, Pavley,
Romero, Runner, Simitian, Steinberg, Strickland, Walters,
Wiggins, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Vacancy
ASSEMBLY FLOOR : 74-0, 8/27/09 - See last page for vote
SUBJECT : Healing arts: licensees
SOURCE : Author
DIGEST : This bill makes several non-controversial,
minor, non-substantive or technical changes to various
miscellaneous provisions pertaining to several professional
CONTINUED
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and healing arts boards of the Department of Consumer
Affairs.
Assembly Amendments added provisions to the bill dealing
with the California Board of Accountancy, landscape
architects, the Contractor State Licensing Board, licensed
repossessors, the Cemetery and Funeral Bureau, Bureau of
Automotive Repair, and the Department of Real Estate.
ANALYSIS :
Existing law:
1.Provides for licensing and regulating various
professions and businesses under separate licensing acts
contained within the California Business and Professions
Code (BPC). The BPC establishes the Department of
Consumer Affairs (DCA) within the State and Consumer
Services Agency. The DCA is comprised of some 26
boards, eight bureaus, and one commission.
2.Provides for the professional review of specified
healing arts licentiates through a peer review process
and requires the peer review body to report to the
relevant agency upon certain circumstances, including
circumstances related to the Medical Board of
California's diversion program, which no longer exists.
This bill:
1.Changes the name of the Office of Examination Resources
within the DCA to the Office of Professional Examination
Services.
2.Defines a quorum as four members of the Acupuncture
Board and specifies that one of the four must be an
acupuncturist.
3.Makes the following changes pertain to the Board of
Behavioral Sciences (BBS):
A. Clarifies that registered interns under the
supervision of a marriage and family therapy
corporation must be registered as either associate
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clinical social workers (ASW) or marriage and
family therapist (MFT).
B. Permits a licensed clinical social workers
(LCSW) corporation to employ no more than two
individuals registered as either ASWs or MFT
interns for each qualified supervisor, and no more
than a total of 10 individuals registered as either
ASWs or MFT interns.
C. Requires the disclosure of a supervisor's name,
license title, and license number on advertisements
for services performed by trainees.
D. Adds the subversion of the examination process
and fraudulent advertising to the definition of
unprofessional conduct.
E. Adds MFTs and ASWs to the list of licensees
permitted to petition the BBS for the reinstatement
of a revoked or suspended license or modification
of any penalties imposed by BBS.
F. Clarifies the rights of an educational
psychologist applicant or LCSW applicant to gain
admission to and receive the results of his or her
respective examination if the applicant is the
subject of a complaint or is under BBS
investigation.
G. Adds to the definition of unprofessional conduct
for an educational psychologist licensee or
applicant: impersonation, allowing any other person
to use the licensee's license, or permitting a
person under the licensee's control to perform
professional services beyond his or her
qualifications.
H. Defines "advertising" as used in this bill and
exempts signs in religious buildings or notices in
bulletins from religious organizations from
advertising provisions.
I. Adds to the definition of unprofessional conduct
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for LCSWs a requirement to limit access to
psychological tests to persons with professional
interest who will safeguard the tests' use and
clarifies the definition of gross negligence.
J. Deletes the "annual" reference to renewal fees
as the fees are biennial.
(1) Permits group supervision of LCSW
applicants to be provided in two one-hour
increments, as long as both increments are
provided in the same week as the hours claimed.
(2) Permits ASWs working for governmental,
educational, or charitable organizations to
fulfill the supervised experience requirement
with supervision by videoconferencing and to
obtain weekly direct supervisor contact by
videoconferencing.
(3) Prohibits ASWs from leasing or renting
space, paying for furnishings, equipment, or
supplies, or paying for the obligations of his
or her employer in any other way.
(4) Prohibits ASW registrants from renewing
their registration more than five times, and
upon the fifth registration, prohibits the ASW
registrant from volunteering or working in a
private practice setting.
4.Establishes a four-month deadline to apply for licensure
by examination after completion of an accredited nursing
or psychiatric technician program, and subsequent
expiration dates for interim permits, and removes
references to "approved" programs within the Board of
Vocational Nursing and Psychiatric Technicians (BVNPT).
5.Makes the following changes pertaining to the California
Board of Occupational Therapy (CBOT).
A. Changes the status of occupational therapy (OT)
assistants from "certified" to "licensed"
throughout the statute.
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B. Amends a number of outdated provisions and makes
technical changes, including permitting an OT
assistant to supervise an aide in client-related
tasks.
C. Establishes the criteria, requirements and
restrictions for placing a licensee in "retired"
status.
D. Includes OTs in the list of health care
providers authorized to provide in-state or
out-of-state telephone medical services and grants
OTs access to their patients' health records.
6.Makes the following changes pertaining to the Board of
Pharmacy (BOP):
A. Requires every BOP licensed facility to join the
BOP's e-mail notification list within 60 days of
obtaining or renewing a license and to update its
e-mail address within 30 days of a change,
effective July 1, 2010.
B. Clarifies when a pharmacist-in-charge or
designated representative-in-charge must notify the
BOP that he or she is no longer serving in such a
capacity.
C. Prohibits a person from acting as a nonresident
pharmacist unless he or she has obtained a license
from the state.
D. Clarifies the procedures to be followed by a
pharmacy when identifying a pharmacist-in-charge,
notifying the BOP of a change in the
pharmacist-in-charge, and identifying an interim
pharmacist-in-charge.
E. Allows pharmacies to accept the return of
needles and syringes from the public, if contained
in a sharps container, as defined.
F. Clarifies the procedures to be followed by a
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wholesaler when identifying a designated
representative-in-charge as well as the procedures
to notify the BOP when a change in the designated
representative-in-charge has occurred.
G. Clarifies the procedures to be followed by a
veterinary food-animal drug retailer when
identifying a designated representative-in-charge
as well as the procedures to notify the BOP when a
change in the designated representative-in-charge
has occurred.
7.Within the Dental Hygiene Committee (DHC), corrects the
name of the Dental Auxiliary Fund to Dental Hygiene Fund
and specifies that money from the fund is to be
transferred to the DHC.
8.Makes the following changes pertaining to the Hearing
Aid Dispensers Bureau (Bureau):
A. Permits the Bureau to issue a new temporary
license to a previous temporary license holder.
B. Requires licensees to notify the Bureau of
address changes within 30 days.
C. Allows the Bureau to inspect records related to
the sale and fitting of hearing aids and deletes
obsolete fee language.
9.Makes the following changes pertaining to the Medical
board of California (MBC):
A. Adds special faculty permit holders to the
definition of licentiates for the peer review
process.
B. Deletes obsolete code sections regarding the
MBC's diversion program.
10.Makes the following changes pertaining to the
Speech-Language Pathology and Audiology Board (SLPAB):
A. Authorizes the SLPAB to exempt by regulation
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certain functions performed by an audiology aide
from the requirement that any function that
constitutes the practice of audiology be performed
under the supervision of an audiologist.
B. Changes the entry level licensing requirements
for audiologists from a master's degree to the
doctoral training standard, beginning with
applicants who graduate on or after January 1,
2008.
C. Makes conforming changes to the requirements for
issuing a required professional experience
temporary license in accord with the doctoral
training program requirement.
D. Requires applicants seeking licensure as an
audiologist who graduate on or after January 1,
2008 to complete supervised clinical practice,
submit evidence of no less than 12 months of
supervised professional experience, and pass an
examination or examinations approved by the SLPAB.
11.Makes the following changes pertaining to the
Respiratory Care Board of California (RCB):
A. Changes the reference to the "Committee on
Accreditation for Respiratory Care or its
successor" as the recognized accreditation agency
for approved respiratory care education programs.
B. Permits the RCB to take disciplinary action,
including probation, against a licensee practicing
respiratory care while under the influence of drugs
or alcohol and limits the RCB's action to the
timeframe in which the individual applies for
licensure or is licensed by the RCB.
C. Authorizes the RCB to inactivate the license of
any licensee who fails to provide requested
information pertaining to his or her conviction
record within 30 days.
12.Makes the following changes pertaining to the California
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Board of Accountancy (CBA):
A. Deletes references to notices regarding CBA
meetings and instead refers to the Bagley-Keene
Open Meeting Act.
B. In addition to the CBA's administrative
committee, also refers to a qualifications
committee and changes committee terms from one to
two years.
C. Clarifies that the provisions apply to the
qualifications committee and clarifies its duties.
13.Makes the following changes pertaining to Landscape
Architects:
A. Corrects a drafting error in prior Legislation to
clarify that a reciprocity candidate seeking
licensure in California must meet the same
experience requirements as any other candidate for
licensure.
14.Makes the following changes pertaining to the
Contractors State Licensing Board (CSLB):
A. Recasts provisions of existing law for clarity
and readability.
B. Corrects a reference to another section of law
and makes technical corrections and clarifications.
15.Makes the following changes pertaining to Licensed
Repossessors:
A. Makes technical clarification; includes
"trailer" in the definition of "collateral;"
clarifies by adding "specific" the definition that
each item of collateral is to be considered
separately.
B. Permits a qualified manager to be in charge of
two, rather than one license location.
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C. Authorizes reposessors to retain a license plate
to be returned to the debtor upon request, rather
than destroy the license plate; clarifies that the
repossessor must consent to the release of personal
effects without an inventory; makes technical
changes.
D. Clarifies that a repossessor shall not appraise
the value of any collateral.
E. Provides that once the repossession is complete,
a only the legal owner or other person with legal
authority may direct the repossessor to release a
vehicle.
F. Requires that if more than one vehicle is
repossessed, each vehicle shall be considered and
reported separately.
G. Permits a repossessor's tow vehicle to mount the
license plate and stop lamps in the same manner as
other tow vehicles.
16.Makes the following changes pertaining to the Cemetery
and Funeral Bureau (CFB):
A. Updates terminology to refer to "mortuary
science programs" instead of "embalming schools or
colleges" and makes clarifying and conforming
changes.
B. Requires the CFB to accept a national
examination for embalmer licensing and to
administer an examination only on California law
applicable to the practice of embalming and makes
clarifying and conforming changes .
C. Provides that an embalmer or apprentice embalmer
applicant must furnish official transcripts to the
CFB and deletes the requirement to have completed
high school for applicants who have graduated from
a mortuary science program.
17.Makes the following changes pertaining to the Bureau of
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Automotive Repair (BAR):
A. Updates terminology relating to BAR applicants
and registrants to refer to "issue," "deny,"
"suspend," or "revoke" registrations rather than
"validate," "refuse to validate," invalidate
temporarily," or "invalidate permanently".
B. Adds specific authority for BAR to suspend,
revoke or otherwise discipline an automotive repair
dealer (ARD) registration based on a criminal
conviction.
C. Clarifies that BAR may take disciplinary action
for a conviction relating to the "qualifications,
functions, or duties" rather than to
"qualifications, functions and duties." Thus
requiring the conviction to relate to one
characteristic (qualifications, functions, or
duties) instead of all three.
D. Requires smog check stations seeking
certification under the "gold shield" program to
offer consumers a smog test and repair services at
a singular location to enter into an agreement with
BAR.
E. Revises the requirement for a smog check station
to post a sign advising customers of cost limits
for repairs under the smog check program to instead
require the sign to inform customers about their
options when a vehicle fails a smog check
inspection and makes technical and clarifying
changes.
F. Makes technical changes to the high polluter
repair or removal program, and authorizes the air
quality management districts to enter into an
agreement with DCA to perform the program.
18.Makes the following changes pertaining to the Department
of Real Estate (DRE):
A. Makes technical and clarifying changes to the real
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estate law.
Comments
This bill is one of three Committee bills authored by the
Business, Professions and Economic Development Committee
that are intended to consolidate a number of
non-controversial provisions related to various regulatory
programs governed by the Business and Professions Code, and
generally located within the DCA. Consolidating the
provisions in one bill is designed to relieve the various
licensing boards from the necessity and burden of having
separate measures for a number of non-controversial
revisions.
Many of the provisions make minor, technical and updating
changes, while other provisions are substantive changes
which are intended to improve the ability of the various
licensing programs to efficiently and effectively
administer their respective licensing laws. However, as a
committee bill, if controversy or opposition should arise
regarding any provision 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/27/09)
Board of Behavioral Sciences
Board of Vocational Nursing and Psychiatric Technicians
California Academy of Audiology
California Acupuncture Board
Medical Board of California
Respiratory Care Board of California
Speech-Language Pathology and Audiology Board
Occupational Therapy Association of California
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
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Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Feuer, Fletcher, Fong,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielsen, John A. Perez, V. Manuel Perez,
Portantino, Ruskin, Salas, Silva, Skinner, Smyth,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada
NO VOTE RECORDED: Evans, Fuentes, Hall, Saldana, Bass,
Vacancy
JJA:do 8/27/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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