BILL ANALYSIS
SB 1172
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Date of Hearing: August 4, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 1172 (Negrete McLeod) - As Amended: June 22, 2010
Policy Committee: Business &
Professions Vote: 11-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill modifies oversight of healing arts professionals
licensed by the Department of Consumer Affairs in order to allow
for implementation of SB 1441 (Ridley-Thomas), Chapter 548,
Statutes of 2008. Specifically, this bill:
1)Requires a healing arts board, except for the Board of
Registered Nursing, to order a licensee to cease practice if
the professional tests positive for any substance prohibited
under the terms of the licensee's probation or diversion
program. Specifies orders to cease practice do not constitute
a disciplinary action.
2)Authorizes a healing arts board to adopt regulations related
to major violations of probation or diversion programs and
when a board orders a licensee to undergo a clinical
diagnostic evaluation pursuant to uniform standards previously
adopted.
3)Modifies record retention requirements related to treatment
and rehabilitation of healing arts licensees.
FISCAL EFFECT
No direct fiscal impact to Department of Consumer Affairs (DCA)
or any of the healing arts boards and committees addressed by
this bill.
COMMENTS
1)Rationale . This bill clarifies several implementation issues
related to implementation of SB 1441 (Ridley-Thomas), Chapter
548, Statutes of 2008. SB 1441 established the Substance Abuse
Coordination Committee within DCA and required the Committee
SB 1172
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to develop uniform standards and controls for addressing
licensees with substance abuse problems.
2)Background . SB 1441 required DCA to adopt uniform standards in
numerous areas: clinical diagnostic evaluation of licensees;
the temporary removal of the licensee from practice for
clinical diagnostic evaluation and treatment; criteria for a
licensee being permitted to return to practice; drug testing;
what types of treatment may be necessary; worksite monitoring
requirements and standards; consequences for major and minor
violations; and criteria for a licensee to return to practice
and petition for reinstatement of a full and unrestricted
license. SB 1172 provides uniformity for implementation of
these standards across the various healing arts boards.
Analysis Prepared by : Mary Ader / APPR. / (916) 319-2081