BILL ANALYSIS �
-----------------------------------------------------------------------
|Hearing Date:April 28, 2014 |Bill No:SB |
| |1245 |
-----------------------------------------------------------------------
SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Ted W. Lieu, Chair
Bill No: SB 1245Author:Lieu
As Introduced: February 20, 2014 Fiscal: Yes
SUBJECT: The Dental Hygiene Committee of California.
SUMMARY: Extends the operation of the Dental Hygiene Committee of
California (DHCC) within the jurisdiction of the Dental Board of
California (DBC) and provides for an extension of the appointments of
the committee members and the executive officer until January 1, 2019.
Existing law:
1) Establishes the DHCC within the jurisdiction of the DBC until
January 1, 2015. (Business and Professions Code (BPC) � 1901)
2) Provides for the appointment of DHCC members and the authority of
the DHCC, with the approval of the Director of the Department of
Consumer Affairs (DCA), to appoint an executive officer until
January 1, 2015. (BPC � 1903)
This bill:
1)Extends the operation of the DHCC and provides for a repeal date of
the DHCC on
January 1, 2019, and subjects the powers and duties of the DHCC to
review by the appropriate policy committees of the Legislature prior
to repeal the date.
2)Extends the appointment of the DHCC members and the authority to
appoint an executive officer until January 1, 2019.
FISCAL EFFECT: Unknown. This bill has been keyed "fiscal" by
SB 1245
Page 2
Legislative Counsel.
COMMENTS:
1.Purpose. This bill is one of six "sunset review bills" authored by
the Chair of this Committee. This bill provides for the DHCC to be
reviewed by the appropriate policy committees of the Legislature,
and makes legislative changes regarding the DHCC recommended in the
Committee's background paper.
2.Oversight Hearings and Sunset Review of Licensing Boards and
Commission of DCA. In 2014, the Senate Business and Professions
Committee and the Assembly Business, Professions and Consumer
Protection Committee (Committees) conducted joint oversight hearings
to review 9 regulatory entities: Bureau of Automotive Repair;
Bureau of Home Furnishings and Thermal Insulation; Bureau for
Private Postsecondary Education (BPPE); California Massage Therapy
Certification program; California Board of Acupuncture; California
Tax Preparers Program; Dental Hygiene Committee of California;
Professional Fiduciaries Bureau; and Structural Pest Control Board.
This Committee also reviewed the performance and effectiveness of
the Community Interest Development Manager's Certification Program.
The Committees began their review of the aforementioned licensing
agencies in March and conducted two days of hearings and then more
recently held a hearing on the BPPE. This bill, and the
accompanying sunset bills, are intended to implement legislative
changes as recommended by staff of the Committee's and which are
reflected in the Background Papers prepared by Committee staff for
each agency and program reviewed for this year.
3.Review of the DHCC, Issues Identified and Recommended Changes.
There were only six issues raised by the BP&ED Committee and none
required any statutory changes; therefore, the only statutory change
considered necessary was the possible extension of this Program's
sunset date for four years, to January 1, 2019.
a) Issue : DHCC Staff Workload.
Background : The DHCC has indicated that a lack of staff continues
to hinder the DHCC's ability to function efficiently in the areas
of reviewing applications and auditing continuing education,
auditing education programs, promulgating regulations,
legislation and utilizing its cite and fine authority. In
addition, they have not been able to fulfill their strategic plan
objectives. They also note that there are new regulations that
SB 1245
Page 3
require review and processing of additional application types
which is anticipated to result in additional workload. Lastly,
they outline the need for a managerial position in order to
alleviate the EO who is presently over-burdened between office
oversight/managerial duties and EO functions. The DHCC suggests
that the CalHR standards have been met and thus they should be
granted permission to create a managerial position.
Recommendation: The DHCC should confer with administrative staff
of the DCA to review the recently submitted request for a
managerial position. Both parties should work to create a
solution for filling the vacant position in order to assist the
DHCC with their increasing workload.
b) Issue : Continued Regulation by the DHCC.
Background : The health, safety and welfare of consumers are
protected by a well-regulated dental hygiene profession. Despite
a quickly growing profession and the impact of a lack of staff,
it appears as if the DHCC has shown a strong commitment to
improving efficiency in its operations and protecting the public.
As such, the only statutory change considered necessary was the
extension of this Committee's sunset date for four years, to
January 1, 2019.
Recommendation : The DHCC should be continued with a four-year
extension of its sunset date.
[ The current language in this measure reflects this recommended
change .]
1. Arguments in Support. The California Dental Hygienists'
Association supports the bill and writes, "Many hygienists have
their own practices outside the dental office setting where they go
to the patient to provide preventative care. They visit patients
who lack access to a dentist in their region or to those who are
not able to visit a dental office [such as] needy students, the
elderly in skilled nursing facilities and the developmentally
disabled living in group homes. We are pleased the legislature has
provided a way for more Californians to receive the preventative
dental care so necessary in order to be healthy. We fully support
extending the life of the DHCC."
2. Current Related Legislation. SB 1242 (Lieu, 2014) amends the
Automotive Repair Act and updates the sunset provisions for the
Bureau of Automotive Repair. ( Status : This bill will also be heard
SB 1245
Page 4
before the BP&ED Committee during today's hearing)
SB 1243 (Lieu, 2014) Extends until January 1, 2017, the term of the
Veterinary Medical Board, which provides for the licensing and
registration of veterinarians and registered veterinary technicians
and the regulation of the practice of veterinary medicine by the
Veterinary Medical Board. The bill also extends the terms of the
executive officer of the Veterinary Medical Board. This bill also
extends to January 1, 2019, the law regulating the practice of
common interest development managers, and the law establishing the
California Tax Education Council, which provides for the Council to
register and regulate tax preparers. This bill also subjects the
Board and programs to be reviewed by the appropriate policy
committees of the Legislature. ( Status : This bill will also be
heard before the BP&ED Committee during today's hearing)
SB 1244 (Lieu, 2014) Extends until January 1, 2019 the term of the
Structural Pest Control Board which provides for the licensing and
regulation of individuals and business involved in the structural
pest control industry in California. The bill also extends the
term of the Board's executive officer and subjects the Board to be
reviewed b the appropriate policy committees of the Legislature.
( Status : This bill will also be heard before the BP&ED Committee
during today's hearing)
SB 1246 (Lieu, 2014) Extends until January 1, 2017 the term of the
Acupuncture Board which provides for the licensing and regulation
of doctors of acupuncture under the Acupuncture Licensure Act. The
bill also subjects the board to be reviewed by the appropriate
policy committees of the Legislature. ( Status : This bill will also
be heard before the BP&ED Committee during today's hearing)
SB 1247 (Lieu, 2014) Extends until January 1, 2019 the term of the
California Private Postsecondary Education Act of 2009, which
provides for the regulation of private postsecondary educational
institutions by the Bureau for Private Postsecondary Education in
the Department of Consumer Affairs. The bill also extends the term
of the Student Tuition Recovery Fund under the administration of
the bureau, and subjects the bureau to review by the appropriate
policy committees of the Legislature. ( Status : This bill will also
be heard before the BP&ED Committee during today's hearing)
SB 1245
Page 5
SUPPORT AND OPPOSITION:
Support :
California Dental Hygiene Association
Opposition :
None received as of April 23, 2014
Consultant:Le Ondra Clark, Ph.D.