BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1489|
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THIRD READING
Bill No: SB 1489
Author: Senate Business, Professions and Economic
Development Com.
Amended: 4/26/10
Vote: 21
SENATE BUS., PROF. & ECON. DEVEL. COMMITTEE : 7-0, 4/19/10
AYES: Negrete McLeod, Wyland, Aanestad, Correa, Oropeza,
Walters, Yee
NO VOTE RECORDED: Calderon, Florez
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Healing arts
SOURCE : Author
DIGEST : This bill makes several non-controversial,
minor, non-substantive or technical changes to various
miscellaneous provisions pertaining to the health-related
regulatory boards of the Department of Consumer Affairs.
ANALYSIS :
Existing law
1. Provides for licensing and regulating various
professions and businesses under the Department of
Consumer Affairs (DCA).
CONTINUED
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2. The Medical Practice Act provides for the licensure and
regulation of physicians and surgeons by the Medical
Board of California; requires the California research
Bureau of the California State Library to study the role
of public disclosure in the public protection mandate of
the board to be completed by July 1, 2008; provides
disclosure requirements for actions taken against a
licensee; specifies written examination requirements for
licensure.
3. The Optometry Practice Act provides for the licensure
and regulation of optometrists by the State Board of
Optometry; states that a candidate for licensure must
pass an examination; defines the requirements for
license renewal; provides the process for the renewal of
a California issued optometrist license that has been
delinquent for three or more years; and sets forth
renewal provisions for out-of-state licensees.
4. The Occupational Therapy Practice Act provides for the
licensure and regulation of occupational therapists by
the California Board of Occupational Therapy and
provides for a loan to the Board from the General Fund.
5. The Pharmacy Law provides for the licensure and
regulation of pharmacists and pharmacies by the
California State Board of Pharmacy; specifies various
requirements of a Veterinary Food-animal Drug Retailer;
requires designation of a designated
representative-in-charge (DRC) for a wholesaler or
veterinary food-animal drug retailer.
6. Establishes the California Department of Heath Care
Services and the California Department of Public Health.
7. Provides for the licensure and regulation of
psychologists, social workers and marriage and family
therapists by the Board of Behavioral Sciences; sets
forth Licensed Clinical Social Worker (LCSW) licensure
requirements; sets forth provisions for the acceptance
of educational degrees conferred by institutions
approved by the Bureau for Private Postsecondary and
Vocational Education and by regional accrediting
associations; sets forth Marriage and Family Therapist
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(MFT) licensure qualifications; provides the licensing
law for Licensed Professional Clinical Counselors
(LPCCs).
This bill:
1. Makes the following changes pertaining to the Board of
Behavioral Sciences (BBS):
A. Deletes a number of obsolete sections (Business
& Professions Code [BPC] Sections 4980.07, 4982.2,
4984.6, & 4994) and adds BPC Section 4990.17 to
make minor technical changes for clarity and
consistency.
B. Corrects a grammatical error (BPC Section
4984.8(d)(3)).
C. Amends BPC Section 4996.17(c) so that the LCSW
licensure requirements and qualifications are
consistent.
D. Clarifies the requirements for applicants who
hold a valid license at the time of application
(BPC Section 4980.80).
E. Makes conforming changes that allow Associate
Clinical Social Workers (ACSWs) to obtain required
weekly direct supervisor contact via
videoconferences in the specified settings, without
a limit to those hours credited (BPC Sections
4980.43(a)(10) & 4996.23(c)(5)).
F. Changes the name of an accrediting association
to the current correct name (BPC Section
4980.40.5).
G. Clarifies changes to MFT intern experience
requirements (BPC Section 4980.43).
H. Clarifies the definition of unprofessional
conduct as it relates to the practice of LPCCs to
maintain consistency among licensees of the board
(BPC Sections 4989.54 & 4999.90(aa)).
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I. Adds references to the practice of LPCCs (BPC
Sections 4990.02, 4990.12, 4990.18, 4990.22,
4990.30, & 4990.38).
J. Amends the LPCC unprofessional conduct
provisions (BPC Section 4999.90(r)) to include all
supervisees.
K. Clarifies unprofessional conduct relating to
advertisement by a LPCC (BPC Section 4990.90(p)).
L. Adds subdivision BPC Section 4999.90(ab) to make
LPCC licensing law consistent with MFT and LCSW
licensing law allowing the BBS to take action
against a licensee that has had disciplinary action
against another license issued by the BBS.
M. Clarifies professional experience of LPCC
interns so that requirements are consistent with
those of other board licensees (BPC Sections
4999.46).
N. Clarifies requirements for applicants who have
held an out-of-state license for at least two years
(BPC Section 4999.58).
O. Adds a section in LPCC licensing law relating to
applicants that have held a license from another
state for less than two years which is consistent
with current requirements of other board licensees
(BPC Section 4999.59).
P. Adds a reference to disciplinary action against
a LPCC license issued by the board (BPC Sections
4982.25, 4992.36).
2. Makes the following changes pertaining to the California
Board of Occupational Therapy (CBOT):
A. Deletes an obsolete provision (BPC Section
2570.19(k)).
B. Deletes an obsolete reference to a General Fund
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loan which has been repaid (BPC Sections 2570.19
(k) and (i)).
3. Makes the following changes pertaining to the California
Board of Pharmacy (CBP):
A. Clarifies a reference to a designated
representative-in-charge of a food-animal drug
retailer (BPC Section 4196(e)).
B. Re-establishes previously codified provisions
that require remedial education after a pharmacist
applicant has failed the qualifying examination
four or more times (BPC Section 4200.1).
C. Amends outdated provisions and updates
references to the California Department of Public
Health (CDPH) (BPC Sections 4017, 4028, 4127.1,
4037, 4052.3(e), 4059, 4072(b), 4119(a), 4127(d),
4169, 4181(a), & 4191(a)).
D. Changes an outdated reference to the Physical
Therapy Examining Committee to the Physical Therapy
Board of California (BPC Section 4059(f)).
E. Amends incorrect references to "veterinary
food-animal drug retailer" (BPC Section 4101).
F. Changes outdated references from the State
Department of Health Services to the Department of
Health Care Services (DHCS) (BPC Sections 4425,
4426).
4. Makes the following changes pertaining to the California
State Board of Optometry (CSBO):
A. Clarifies that applicants for licensure must
pass two required examinations (BPC Sections
3025.1, 3046, 3057.5).
B. Clarifies the requirements for license renewal
and for renewal of a license that is delinquent
three or more years (BPC Sections 3147.6, 3147.7).
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5. Makes the following changes pertaining to the Medical
Board of California (MBC):
A. Deletes obsolete provision regarding a report
produced by the California Research Bureau (BPC
Section 2026).
B. Deletes obsolete references to licensing exams
and updates references to the board (BPC Sections
2065 &2177)
C. Reinstates postgraduate training requirement for
licensure consistent with current law (BPC Sections
2096 & 2102).
D. Deletes obsolete references to repealed BPC
Section 2088 and updates references to the board
(BPC Section 2103).
E. Allows the board to consider licensure in
another state when addressing the validity of the
written examination scores required for licensure
(BPC Section 2184).
6. Makes the following chantes pertaining to licensed
midwifery:
A. Clarifies the date annual reports associate
with midwifery are to be submitted.
B. Updates the information a licensed nurse midwife
must report to the Office of Statewide Health
Planning and Development.
Background
The following is background and reasons given by the
affected boards and professions for the provisions in this
measure.
Board of Behavioral Sciences . According to the BBS, new
legislation establishing the licensure and regulation of
LPCCs is the reason for the majority of their proposed
amendments to add clarity and consistency to the licensing
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law. This new legislation went into effect January 1, 2010
(SB 788 [Wyland], Chapter 619, Statues of 2009). The
changes can be categorized into four major sections: (1)
technical cleanup; (2) technical cleanup to new LPCC
provisions to make them consistent with changes made in
2009 legislation; (3) adding reference to LPCCs in the MFT
and LCSW licensing law; and (4) adding reference to LPCC in
general provisions relating to the BBS.
California Board of Occupational Therapy . According to
CBOT, existing law provides for a loan to the CBOT from the
General Fund. Since the loan has been made and repaid,
this section no longer applies and is unnecessary.
California Board of Pharmacy . According to the CBP, to
keep Pharmacy Law current and to better serve licensees and
consumers, the CBP finds it necessary to update outdated
references within the specified Business and Professions
Code and to remove outdated references as to when a section
is operative.
In addition, SB 821 (Senate Business & Professions
Committee and & Senate Education Committee), Chapter 307,
Statutes of 2009, specified that a food-animal drug
retailer must have a DRC at all times as well as the
reporting requirements for the DRC. However, a drafting
error resulted in several minor errors in the final version
of the bill.
Also in 2008 provisions which specified how many times a
qualifying examination can be taken were inadvertently
allowed to sunset (BPC 4200.1). This bill reinstate sthose
provisions.
Finally, BPC Section 4101(b) contains two incorrect
references which read: "veterinary food drug-animal
retailer." The correct phrase is "veterinary food-animal
drug retailer."
California State Board of Optometry . According to the
CSBO, current law does not specify that certifying
completion of optometric continuing education is a
requirement of license renewal for optometrists in
California.
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Current law also needs clarity on the requirements for
licensure renewal for optometrists who fail to renew their
license within three years after the expiration of the
license.
Additionally, the statute contains a typographical error
when the initial language was drafted (AB 2464 [Pacheco],
Chapter 426, Statutes of 2004) and needs to clarify that
applicants for licensure must pass both licensing
examinations, not just one.
Medical Board of California . The Senate Business,
Professions and Economic Development Committee's staff
recommended repealing BPC Section 2026 because this
provision is outdated and no longer necessary.
According to MBC, current law does not specifically include
disclosure of information related to a court order
regarding Penal Code Section 23. The MBC includes such
court orders in its disclosure as it is important for
public protection, but has become aware that it is not in
the list of items to disclose. The B&P Code needs to be
amended to include any information related to an order by a
court pursuant to Section 23 of the Penal Code in its list
of required public disclosures.
MBC also asserts that subdivision (b) of B&P Code Section
2065 contains a reference to exams that are no longer
administered by the MBC. There are also references to the
divisions of the MBC, but the MBC was restructured and the
divisions no longer exist. The Code needs to be amended to
remove the reference to the licensing exams which no longer
exist within the MBC and to change the references to the
"division" to instead refer to "board" to make the section
consistent with existing law.
In addition, the MBC states that BPC Section 2102 was
amended incorrectly in last year's SB 819 (Yee), Chapter
308 Statutes of 2009, and the BPC needs the incorrectly
deleted post graduate training requirement for licensure to
be reinstated. Also, Section 2103 of the BPC needs to
remove subdivision (a) so that the reference to the
repealed Section 2088 is no longer included. This section
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also needs to change the references from "division" to
"board" to make the section consistent with existing law.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/4/10)
California State Board of Pharmacy
Board of Behavioral Science
Board of Optometry
Medical Board of California
JJA:do 5/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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