BILL ANALYSIS �
SB 1575
Page 1
Date of Hearing: June 19, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
SB 1575 (Business, Professions & Economic Development) - As
Amended: June 12, 2012
SENATE VOTE : 37-0
SUBJECT : Professions and vocations.
SUMMARY : Makes numerous minor and technical changes to various
provisions pertaining to the health-related regulatory boards
within the Department of Consumer Affairs (DCA). Specifically,
this bill :
1)Allows a board regulated under DCA to request a local or state
agency to provide certified records of all arrests and
convictions, records regarding probation, and any other
related documentation needed to complete an applicant or
licensee investigation, and requires the specified agencies to
comply.
2)Revises eligibility requirements for a person applying for a
special permit with the Dental Board of California (DBC) to
allow for alternative eligibility for a person who completes
an advanced education program accredited by the Commission on
Dental Accreditation of the American Dental Association or a
national accrediting body approved by the DBC.
3)Requires a licensee to report to the Dental Hygiene Committee
(DHC), upon his or her initial licensure and any subsequent
application for renewal or inactive license, the practice or
employment status of the licensee as one of the following:
a) Full-time practice or employment in a dental or dental
hygiene practice of 32 hours per week or more in
California;
b) Full-time practice or employment in a dental or dental
hygiene practice of 32 hours or more outside of California;
c) Part-time practice or employment in a dental or dental
hygiene practice for less than 32 hours per week in
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California;
d) Part-time practice or employment in a dental or dental
hygiene practice for less than 32 hours per week outside of
California;
e) Dental hygiene administrative employment that does not
include direct patient care, as may be further defined by
the DHC;
f) Retired; or,
g) Other practice or employment status, as may be further
defined by the DHC.
4)Requires the collected employment status information specified
above to be posted on the Internet Web site of the DHC.
5)Allows a DHC licensee to report information regarding the
licensee's cultural background and foreign language
proficiency on his or her renewal application, and requires
the DHC to collect the information as appropriate.
6)Establishes guidelines and requirements for DHC's compilation
of a licensee's information specified above, and states
legislative intent to use moneys in the State Dental Hygiene
Fund to pay for implementation of these provisions.
7)Repeals an obsolete provision regarding the approval process
for courses pertaining to direct supervision duties, added to
the scope of practice of dental hygienists
8)Clarifies that a licensee is required to report changes to
his/her physical address and electronic mail to DHC within 30
days.
9)Defines "extramural dental facility" to mean any clinical
facility employed by an approved dental hygiene educational
program for instruction in dental hygiene that exists outside
or beyond the walls, boundaries or precincts of the primary
campus of the approved program and in which dental hygiene
services are rendered.
10)Requires an approved dental hygiene educational program to
register extramural dental facilities with the DHC as
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specified.
11)Requires that the DHC to impose the same application denial
and license revocation procedures that currently exist for the
DBC regarding applicants or licensees who are registered sex
offenders, as specified.
12)Requires the Medical Board of California (MBC) to annually
send an electronic notice to each applicant and licensee who
has chosen to receive correspondence via electronic mail that
requests confirmation from the applicant or licensee that the
electronic mail address is current, and requires that an
applicant or licensee that does not confirm the electronic
mail address to receive correspondence at a mailing address
previously provided.
13)Clarifies that the MBC may take enforcement actions against
physicians who hold certificates that do not permit them to
practice medicine, such as retired, inactive, or disabled
status.
14)Replaces the term "infant" with "neonate" in provisions
requiring midwives to report specified information to the
Office of Statewide Health Planning and Development (OSHPD).
15)Prohibits a licensed midwife with a retired status license
from engaging in in the practice of midwifery and exempts
licensees with a retired status license from paying renewal
fees and continuing education requirements.
16)Authorizes the MBC or the California Board of Podiatric
Medicine (CBPM) to be notified by electronic mail if a
physician, surgeon or podiatrist does not renew his or her
license within 60 days of expiration.
17)Authorizes the California State Board of Optometry (CSBO) to
permit a graduate of a foreign university who meets certain
requirements to take the examinations for certificate of
registration as an optometrist.
18)Updates the requirements for a student respiratory care
practitioner to be under the direct supervision of a person
holding a valid, current and unrestricted license.
19)Adds negligence in his or her practice as a respiratory care
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practitioner, or in any capacity as a health care worker,
consultant, supervisor manager or health facility owner or as
a party responsible for the care of another to the reasons the
Respiratory Care Board of California (RCBC) may order the
denial, suspension, or revocation of, or the imposition of
probationary conditions upon, a license.
20)Adds illegal drug paraphernalia to the reasons the RCBC may
deny, suspend, place on probation or revoke the license of any
applicant or license holder.
21)Allows intern hours earned in another state, to be certified
by the licensing agency of that state to document proof of
pharmacy practice hours for an intern pharmacist.
22)Requires a minimum of 900 hours of pharmacy practice
experience for an applicant for the licensure examination who
has been licensed in any state for one year.
23) Provides that various disciplinary actions against a
licensee, does not prevent the Board of Pharmacy (BOP) from
conducting any investigation or disciplinary proceeding
against the licensee or from rendering a decision suspending
or revoking the license.
24)Renames the Marriage and Family Therapist Act (MFT) as the
Licensed MFT.
25)Adds professional clinical counselors to the list of groups
licensed by the Board of Behavioral Sciences (BBS).
26)Revises the examination requirements for MFT and Licensed
Clinical Social Workers (LCSW) applicants who passed a
standard written examination but not the clinical vignette
examination.
27)Specifies the type of supervision that is required for
credited experience for MFTs.
28)Adds Licensed Professional Clinical Counselors (LPCC) to the
list of supervisors an unlicensed MFT or trainee may be
supervised by.
29)Requires an applicant for a MFT license to complete an
18-hour course in California law and professional ethics.
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30)Deletes references to "the Health Insurance Portability and
Accountability Act" and replaces it with "state and federal
laws relating to confidentiality of patient health
information."
31)Revises the requirements for MFTs licensed between January 1,
2010 and December 31, 2013 who have completed a two-semester,
or three-quarter unit course in law and professional ethics
that do not meet specified requirements by requiring an 18
hour course in law and professional ethics with specified
course content.
32)Adds compliance with fingerprint requirements for MFTs and
Licensed Educational Psychologists (LEPs), established by the
BBS, to the list of requirements for an expired licensee that
was not renewed within three years of expiration.
33) Specifies the content that must be included in the
instruction of California law and professional ethics for
professional clinical counselors.
34)Changes implementation dates for educational and examination
requirements from January 1, 2013, to January 1, 2014, as
specified for MFTs, LPCCs and LCSWs.
35) Removes a fee established for LPCC interns, as specified.
36)Repeals obsolete provisions of law.
37)Makes other technical, minor and non-substantive changes.
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)Establishes the eligibility requirements a person must meet
when applying for a special permit to be a full-time
professor, an associate professor, or an assistant professor
for a California dental college.
3)Establishes the DHC within the jurisdiction of the DBC and
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authorizes the committee to evaluate all registered dental
hygienist, registered dental hygienist in alternative
practice, and registered dental hygienist in extended function
educational programs that apply for approval, and grant or
deny approval of those applications in accordance with
regulations adopted by the committee.
4)Establishes unprofessional conduct standards for licensed
dentists and dental hygienist.
5)Requires each licensed midwife who assists or supervises a
student midwife in a childbirth that occurs out of a hospital
setting to annually report specified information to the OSHPD.
6)Authorizes the MBC to license midwives.
7)Establishes the Optometry Practice Act and authorizes the
California State Board of Optometry (CSBO) to require
individuals meet specified requirement to take the
examinations for a certificate of registration as an
optometrist.
8)Establishes the Respiratory Care Act and the (RCBC) which is
authorizes the board to issue, deny, suspend, and revoke
licenses to practice respiratory care as specified.
9)Authorizes the RCBC to order the denial, suspension, or
revocation of, or the imposition of probationary conditions
upon a license for specified reasons.
10)Establishes the number of hours of pharmacy practice an
intern pharmacist must complete prior to applying for the
pharmacist licensure examination.
11)Authorizes the BOP to take action against any holder of a
license who is guilty of unprofessional conduct or whose
license has been procured by fraud or misrepresentation or
issued by mistake.
12)Requires applicants for licensure as MFT to take and pass
specified exams.
13)Requires applicants for MFT licensure examinations to meet
experience requirements as specified.
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14)Requires applicants for MFTs to take specified courses in law
and professional ethics.
15)Allows a MFT to renew a license at any time within three
years after its expiration by completing certain actions and
paying any delinquency fees.
16)Establishes exam eligibility requirement or registration for
LPCCs who begins graduate study before August 1, 2012 and
complete study on or before December 31, 2018.
FISCAL EFFECT : Unknown
COMMENTS :
Background . According to information provided by the author,
"this makes several non-controversial, minor, non-substantive
changes to various provisions pertaining to the health-related
regulatory boards. 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."
The Department of Consumer Affairs (DCA) is housed within the
State and Consumer Services Agency. The DCA is charged with
issuing licenses in more than 100 business and 200 professional
categories, including doctors, dentists, optometrists,
psychologists, marriage and family therapists, licensed
professional clinical counselors, licensed education
psychologists, and many others DCA includes 40 regulatory
entities (nine bureaus, one program, twenty-five boards, three
committees, one commission, and one office). These entities are
responsible for establishing the minimum qualifications and
levels of competency for licensure. They also license, register,
or certify practitioners, investigate complaints and discipline
violators. Each licensure act specifies the importance of
consumer protection in it regulating authority.
Related Legislation . SB 1527 (Negrete McLeod) of 2012, revises
requirements for individuals applying for licensure or
registration as a marriage and family therapist (MFT), a
licensed clinical social worker (LCSW), an associate clinical
social worker (ACSW), or a licensed professional clinical
counselor (LPCC). This bill is pending a hearing in the
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Assembly Appropriations Committee.
SB 1202 (Leno) of 2012, makes a number of clean up changes
regarding the licensure and regulation of registered dental
hygienists by the Dental Hygiene Committee of California; and
increases various regulatory fee ceilings. This bill is pending
a hearing in the Assembly Business, Professions and Consumer
Protection Committee.
AB 2579 (Skinner) of 2012, required applicants for licensure to
retake the law and ethics examination under certain
circumstances, as specified and required marriage and family
therapist interns to take the law and ethics examination,
subject to specified fees becoming operative as of January 1,
2014. This bill failed in the Assembly Business, Professions
and Consumer Protection Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Board of Behavioral Sciences (sponsor)
The Medical Board of California
Opposition
None on File
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301