BILL ANALYSIS �
SB 975
Page 1
Date of Hearing: June 26, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
SB 975 (Wright) - As Amended: June 14, 2012
SENATE VOTE : 28-5
SUBJECT : Professions and vocations: regulatory authority.
SUMMARY : Prohibits any state or local entity other than the
appropriate licensing and regulatory board under the Department
of Consumer Affairs (DCA) from imposing additional licensure
requirements, as defined. Specifically, this bill :
1)Specifies that the boards under the DCA, as specified within
the Business and Professions Code (BPC), shall have the sole
and exclusive authority to license and regulate its profession
or vocation.
2)Prohibits a licensing requirement from being imposed on
professional licensee, as follows:
a) By a local governmental entity, or a state entity other
than a board under the DCA; and,
b) Other than the BPC or regulations by the appropriate
board under the DCA.
3)Defines "licensing requirements" to include, but are not
limited to the following, with respect to a specified
profession within the BPC and under the DCA:
a) Additional training or certification requirements to
practice within the scope of practice of a profession or
vocation licensed under the BPC and under the DCA;
b) Continuing education requirements for renewal or
continuation of licensure; and,
c) Any additional experience or qualification requirements
beyond those provided for in the BPC or board regulations,
as specified.
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4)Exempts the Contractors' State License Board (CSLB) from the
provisions of this bill.
5)Specifies that nothing in this bill shall be construed to
prohibit the following:
a) Parties from contractually agreeing to additional
experience, qualifications, or training of a licensee under
the DCA in connection with the performance of a contract;
and,
b) A licensee from voluntarily undertaking satisfaction of
certification programs not required under the BPC for
licensure by its appropriate licensing and regulatory
board.
6)Makes legislative findings and declarations related to having
a single set of professional licensing requirements that apply
equally in state and local governmental entities.
EXISTING LAW :
1)Authorizes the boards, bureaus and commission in the DCA to
establish minimum qualifications and levels of competency and
license persons desiring to engage in the occupations they
regulate.
2)Specifies that each of the boards comprising the DCA exist as
a separate unit, and has the functions of setting standards,
holding meetings and setting dates thereof, preparing and
conducting examinations, passing upon applicants, conducting
investigations of violations of laws under its jurisdiction,
issuing citations and holding hearings for the revocation of
licenses, and imposing penalties following those hearings,
insofar as these powers are given by statute to each
respective board.
3)Establishes the DCA, which is comprised of the following
entities under the BPC Section 101:
a) The Dental Board of California;
b) The Medical Board of California;
c) The State Board of Optometry;
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d) The California State Board of Pharmacy;
e) The Veterinary Medical Board;
f) The California Board of Accountancy;
g) The California Architects Board;
h) The Bureau of Barbering and Cosmetology;
i) The Board for Professional Engineers and Land Surveyors;
j) The CSLB;
aa) The Bureau for Private Postsecondary Education;
bb) The Bureau of Electronic and Appliance Repair, Home
Furnishings, and Thermal Insulation;
cc) The Board of Registered Nursing;
dd) The Board of Behavioral Sciences;
ee) The State Athletic Commission;
ff) The Cemetery and Funeral Bureau;
gg) The State Board of Guide Dogs for the Blind;
hh) The Bureau of Security and Investigative Services;
ii) The Court Reporters Board of California;
jj) The Board of Vocational Nursing and Psychiatric
Technicians;
aaa) The Landscape Architects Technical Committee;
bbb) The Division of Investigation;
ccc) The Bureau of Automotive Repair;
ddd) The Respiratory Care Board of California;
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eee) The Acupuncture Board;
fff) The Board of Psychology;
ggg) The California Board of Podiatric Medicine;
hhh) The Physical Therapy Board of California;
iii) The Arbitration Review Program;
jjj) The Physician Assistant Committee;
aaaa)The Speech-Language Pathology and Audiology Board;
bbbb)The California Board of Occupational Therapy;
cccc) The Osteopathic Medical Board of California;
dddd)The Naturopathic Medicine Committee;
eeee)The Dental Hygiene Committee of California;
ffff)The Professional Fiduciaries Bureau; and,
gggg) Any other boards, offices, or officers subject to its
jurisdiction by law.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS :
Purpose of this bill . According to the author's office, "SB 975
seeks to address a growing practice for third party state and
local agencies, departments, and bodies �State Water Resources
Control Board (State Water Board), California Energy Commission
(CEC), local air pollution districts, etc.) to impose a training
class and certificate program on licensed professionals in the
course of adopting regulations? This bill would establish that
the boards, bureaus, and commissions in the DCA, listed in the
BPC Section 101 shall have the sole responsibility in state
government to license and regulate the practice of professions
regulated by the BPC, unless explicit statutory authority
directs a third party agency to implement such a program."
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Background . This bill attempts to prohibit additional training
and certificate requirements imposed on professional licensees
outside of the BPC and appropriate licensing and regulatory
board related to that profession. This bill originated as a
result of State Water Board General Construction permit
requirements mandating licensed civil engineers (and others) to
undergo a two- to three- day training course and certificate
examination developed and administered by a non-profit, in order
to prepare a storm water plan. The total cost for this program
is roughly $700-$800 per person; none of the proceeds are
allocated to the General Fund or the State Water Board. The
civil engineers opposed this requirement, contending that civil
engineers must possess a four-year college degree, complete
education relating to soils, hydrology, and storm water
planning, and pass an examination in order to become licensed in
California. The civil engineers believe that these licensure
requirements surpass a third party, multi-day training program.
AB 1210 (Garrick) of 2011, would have exempted a licensed
civil engineer from additional experience, training, or
certification requirements in order to prepare Storm Water
Pollution Prevention Plans (SWPPPs). The Governor vetoed
this bill with the following message: "This bill would
exempt licensed civil engineers from training requirements
related to the preparation of SWPPPs.
"Many of these storm plans are found to be deficient and
those preparing them need a much better understanding of
the necessary elements of a solid plan. It is not feasible
to inspect every plan or every construction site but it is
essential to have some process in place to ensure
compliance in preparing complete and sound storm water
plans.
"The current process depends on a training education
program for all professionals who prepare storm plans --
engineers, geologists, hydrologists, and landscape
architects. This bill, a piecemeal approach, exempts only
one profession, the civil engineers. A more comprehensive
solution would be better."
The author's office states that other public entities have
imposed additional requirements of licensed professionals in
order to perform work for those entities, even though those
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entities may have already completed relevant training,
education, and examination requirements as a condition of
licensure. The author's office contends that these additional
requirements impose unnecessary requirements and costs to
licensed professionals in order to practice within their
profession. For example, the San Joaquin Valley Air Pollution
District (District) requires participation in a mandatory Dust
Control Training Course. This course is mandatory training for
anyone who prepares and submits a Dust Control Plan to the
District. The author's office contends that statements of
intent from various board members suggest potential
certifications by additional state and local entities.
While this bill is intended to preserve and protect the
authority of a licensing and regulatory body to impose licensing
requirements, this bill also exempts the CSLB, which suggests
that state and local entities other than the CSLB would be
authorized to imposed additional licensing requirements on
contractor, and may result in a slippery slope of other state
and local entities, other than the Legislature, trying to
regulate the CSLB or another board under the DCA. Currently,
licensed contractors may have to complete additional training in
order to perform work. For example, the Department of
Industrial Relation's (DIR) Division of Occupational Safety and
Health (DOSH) requires any employer or contractor who engages in
asbestos-related work of more than 100 square feet or more of
surface area to register with DOSH. In addition, DIR's Division
of Apprenticeship Standards requires electrical contractors to
be certified under statute.
Current law authorizes local governmental entities to adopt
standards that may be more stringent than state requirements, as
long as they do not conflict with the board's regulatory and
licensing authority. This bill may restrict a local
government's ability to adopt more stringent standards than what
is permitted by the state.
Support . According to the American Council of Engineering
Companies, this bill "ensures that licensed professionals in
California are protected from ever-increasing encroachment of
mandatory training certification and regulatory continuing
education requirements imposed on them as a condition of
operating within the scope of their practice in California. SB
975 will also help to eliminate the creation of duplicate,
overlapping and contradictory practice requirements imposed by
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other agencies other than the DCA licensing bodies.
"Under the DCA and BPC Section 101, professional boards exist to
set standards, administer exams, and determine licensure for
practice in California in a variety of disciplines. These
boards, composed of professional and public members, evaluate
the standard of practice for various disciplines, and enforce
the quality of licensed practice under their jurisdiction within
the state.
"SB 975 seeks to address a growing practice for third party
state and local agencies, departments, and bodies (the State
Water Board, the CEC, the local air pollution districts, etc.)
to impose a training class and certificate program on licensed
professionals in the course of adopting regulations.
"These training and certificate requirements are created and
imposed outside of, and in addition to, the licensure
requirements adopted by state statute and enforced by DCA
professional boards. Licensed professionals must then comply
with these mandates in order to meet the permit requirements,
even if the scope of work is clearly already within their
professional licensure, as determined by their DCA Board? This
practice incurs costs to business, individuals, and only
benefits the cottage industries of instructors and certificate
associates that collaborate in the imposition of these
programs."
Opposition . According to the DCA, "The DCA believes that the
proposed statutory language is simply unneeded to protect its
licensing boards and bureaus' jurisdiction and could even result
in unforeseen or unintended problems between state agencies.
Further, the DCA understands that this bill was introduced
following last year's AB 1210 (Garrick) of 2011, which the
Governor vetoed. The State Water Board should be given time to
follow the direction it received in the Governor's veto message
of that bill, which may ultimately solve the problem of this
bill's sponsor without legislation."
According to the California Landscape Contractors Association,
"By including an express exception applicable only to persons
licensed by the CSLB, the amended measure implicitly gives
unlimited regulatory authority to state and local governmental
entities to impose additional licensing, certification, and
continuing education requirements to licensed contractors.
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These requirements are no less burdensome to licensed
contractors than for any other license classification."
According to the California Coastkeeper Alliance, "Currently,
state, county of city government agencies have the ability to
require professionals to take training courses or require
certification or licensing to ensure that they are qualified to
perform duties necessary to protect public health and safety.
For example, current law requires that any person employed to
operate a wastewater treatment plant must pass a written
examination administered by the State Water Board. This
certification ensures that plant operators are qualified and
that they are educated on the latest technology and requirements
for safely treating wastewater. Improper operation of
wastewater treatment plants can pose a serious threat to public
health and the environment.
"The Department of Public Health also requires similar
certification for drinking water plant operators. These are
just two examples of critical services used by all Californians
that rely on well-trained professionals that have demonstrated
that they have the knowledge necessary to perform their
professional duties. We strongly believe that the authority to
provide this type of professional licensing and education should
remain within the government agencies that have the knowledge
and experience on the services that these agencies provide that
are essential for the health and safety of Californians."
Previous Legislation . AB 1210 (Garrick) of 2011, would
have exempted a licensed civil engineer from additional
experience, training, or certification requirements in
order to prepare SWPPPs. The Governor vetoed this bill.
REGISTERED SUPPORT / OPPOSITION :
Support
American Council of Engineering Companies
California Business Properties Association
California Retailers Association
State of California Auto Dismantlers Association
American Fence Association, California Chapter
Flasher Barricade Association
Southern California Contractors Association
California Metals Coalition
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California Land Surveyors Association
California Manufacturers & Technology Association
California Fence Contractors Association
National Federation of Independent Businesses
California Pharmacists Association
The California Geotechnical Engineering Association
Marin Builders Association
Associated General Contractors
Opposition
California Coastkeeper Alliance
California Landscape Contractors Association
California Sportfishing Protection Alliance
California Water Impact Network
Clean Water Action
Department of Consumer Affairs
Foothill Conservancy
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301