AB 178: Board of Vocational Nursing and Psychiatric Technicians of the State of California: executive officer.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-10-02
Existing law, the Vocational Nursing Practice Act and the Psychiatric Technicians Law, provides for the licensure and regulation of vocational nurses and psychiatric technicians by the Board of Vocational Nursing and Psychiatric Technicians of the State of California and requires the board to, among other things, appoint an executive officer, who is a licensed vocational nurse, registered nurse, or psychiatric technician. Existing law repeals that requirement on January 1, 2016.
This bill would remove the requirement that the executive officer be a licensed vocational nurse, registered nurse, or psychiatric technician.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Vocational Nursing Practice Act and the Psychiatric Technicians Law, provides for the licensure and regulation of vocational nurses and psychiatric technicians by the Board of Vocational Nursing and Psychiatric Technicians of the State of California and requires the board to, among other things, appoint an executive officer, who is a licensed vocational nurse, registered nurse, or psychiatric technician. Existing law repeals that requirement on January 1, 2016.
This bill would remove the requirement that the executive officer be a licensed vocational nurse, registered nurse, or psychiatric technician.
This bill would declare that it is to take effect immediately as an urgency statute.
(1)The Dental Practice Act authorizes the Dental Board of California to license a person as a registered dental assistant if he or she meets certain requirements, including a written and practical examination.
This bill, until July 1, 2017, would remove that practical examination requirement. The bill would require the Dental Board of California, in consultation with the Office of Professional Examination Services, to determine on or before July 1, 2017, whether a practical examination is necessary to demonstrate the competency of registered dental assistants and to submit that determination to the appropriate policy committees of the Legislature by that date, as specified. The bill would make related conforming changes.
(2)Existing
Existing law, the Vocational Nursing Practice Act and the Psychiatric Technicians Law, provides for the licensure and regulation of vocational nurses and psychiatric technicians by the Board of Vocational Nursing and Psychiatric Technicians of the State of California and requires the board, board to, among other things, to appoint an executive officer. officer, who is a licensed vocational nurse, registered nurse, or psychiatric technician. Existing law repeals that requirement on January 1, 2016. Existing law requires the executive officer to be a licensed vocational nurse, registered nurse, or psychiatric technician.
This bill would extend the repeal date requiring the board to appoint an executive officer to January 1, 2018. The bill would remove the requirement that the executive officer be a licensed vocational nurse, registered nurse, or psychiatric technician.
(3)Existing law authorizes the Director of Consumer Affairs to investigate the work of the boards within the Department of Consumer Affairs, obtain a copy of the records of official matters in possession of the boards, and require reports from the boards as the director deems reasonably necessary. Existing law requires the director to provide certain reports to the Legislature, including, but not limited to, a copy of an independent review of the Bureau for Private Postsecondary Educations staffing resources needs and requirements. Existing law also makes a violation of the Vocational Nursing Practice Act or the Psychiatric Technicians Law a crime.
This bill would require the director to appoint an enforcement program monitor no later than October 1, 2015. The bill would require the program monitor to monitor and evaluate the vocational nursing and psychiatric technician system and procedures for a period of no more than 2 years, as specified, submit a report of his or her findings and conclusions to the Legislature, the department, and the board by April 1, 2016, subsequent reports by October 1, 2016, and February 1, 2017, and a final report by August 1, 2017. The bill would require the board and its staff to cooperate with the program monitor. The bill would also require the departments internal audit unit to review the boards staffing resources needs and requirements, and require the director to provide the Legislature with a copy of the review no later than October 1, 2016. The bill would repeal these provisions on January 1, 2018. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
(1)The Dental Practice Act authorizes the Dental Board of California to license a person as a registered dental assistant if he or she meets certain requirements, including a written and practical examination.
This bill, until July 1, 2017, would remove that practical examination requirement. The bill would require the Dental Board of California, in consultation with the Office of Professional Examination Services, to determine on or before July 1, 2017, whether a practical examination is necessary to demonstrate the competency of registered dental assistants and to submit that determination to the appropriate policy committees of the Legislature by that date, as specified. The bill would make related conforming changes.
(2)Existing law, the Vocational Nursing Practice Act and the Psychiatric Technicians Law, provides for the licensure and regulation of vocational nurses and psychiatric technicians by the Board of Vocational Nursing and Psychiatric Technicians of the State of California and requires the board, among other things, to appoint an executive officer. Existing law repeals that requirement on January 1, 2016. Existing law requires the executive officer to be a licensed vocational nurse, registered nurse, or psychiatric technician.
This bill would extend the repeal date requiring the board to appoint an executive officer to January 1, 2018. The bill would remove the requirement that the executive officer be a licensed vocational nurse, registered nurse, or psychiatric technician.
(3)Existing law authorizes the Director of Consumer Affairs to investigate the work of the boards within the Department of Consumer Affairs, obtain a copy of the records of official matters in possession of the boards, and require reports from the boards as the director deems reasonably necessary. Existing law requires the director to provide certain reports to the Legislature, including, but not limited to, a copy of an independent review of the Bureau for Private Postsecondary Educations staffing resources needs and requirements. Existing law also makes a violation of the Vocational Nursing Practice Act or the Psychiatric Technicians Law a crime.
This bill would require the director to appoint an enforcement program monitor no later than October 1, 2015. The bill would require the program monitor to monitor and evaluate the vocational nursing and psychiatric technician system and procedures for a period of no more than 2 years, as specified, submit a report of his or her findings and conclusions to the Legislature, the department, and the board by April 1, 2016, subsequent reports by October 1, 2016, and February 1, 2017, and a final report by August 1, 2017. The bill would require the board and its staff to cooperate with the program monitor. The bill would also require the departments internal audit unit to review the boards staffing resources needs and requirements, and require the director to provide the Legislature with a copy of the review no later than October 1, 2016. The bill would repeal these provisions on January 1, 2018. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
(1)The Dental Practice Act authorizes the Dental Board of California to license a person as a registered dental assistant if he or she meets certain requirements, including a written and practical examination.
This bill, until July 1, 2017, would remove that practical examination requirement. The bill would require the Dental Board of California, in consultation with the Office of Professional Examination Services, to determine on or before July 1, 2017, whether a practical examination is necessary to demonstrate the competency of registered dental assistants and to submit that determination to the appropriate policy committees of the Legislature by that date, as specified. The bill would make related conforming changes.
(1)
(2)Existing law, the Vocational Nursing Practice Act and the Psychiatric Technicians Law, provides for the licensure and regulation of vocational nurses and psychiatric technicians by the Board of Vocational Nursing and Psychiatric Technicians of the State of California and requires the board, among other things, to appoint an executive officer. Existing law requires the executive officer to be a licensed vocational nurse, registered nurse, or psychiatric technician.
This bill would remove the requirement that the executive officer be a licensed vocational nurse, registered nurse, or psychiatric technician.
(2)
(3)Existing law authorizes the Director of Consumer Affairs to investigate the work of the boards within the Department of Consumer Affairs, obtain a copy of the records of official matters in possession of the boards, and require reports from the boards as the director deems reasonably necessary. Existing law requires the director to provide certain reports to the Legislature, including, but not limited to, a copy of an independent review of the Bureau for Private Postsecondary Educations staffing resources needs and requirements. Existing law also makes a violation of the Vocational Nursing Practice Act or the Psychiatric Technicians Law a crime.
This bill would require the director to appoint an enforcement program monitor no later than October 1, 2015. The bill would require the program monitor to monitor and evaluate the vocational nursing and psychiatric technician system and procedures for a period of no more than 2 years, as specified, submit a report of his or her findings and conclusions to the Legislature, the department, and the board by April 1, 2016, subsequent reports by October 1, 2016, and February 1, 2017, and a final report by August 1, 2017. The bill would require the board and its staff to cooperate with the program monitor. The bill would also require the departments internal audit unit to review the boards staffing resources needs and requirements, and require the director to provide the Legislature with a copy of the review no later than October 1, 2016. The bill would repeal these provisions on January 1, 2018. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law
(1)Existing law, the Vocational Nursing Practice Act and the Psychiatric Technicians Law, provides for the licensure and regulation of vocational nurses and psychiatric technicians by the Board of Vocational Nursing and Psychiatric Technicians of the State of California and requires the board, among other things, to appoint an executive officer. Existing law repeals these provisions on January 1, 2016. Existing law requires the executive officer to be a licensed vocational nurse, registered nurse, or psychiatric technician.
This bill would extend that repeal date to January 1, 2020. remove the requirement that the executive officer be a licensed vocational nurse, registered nurse, or psychiatric technician.
(2)Existing law authorizes the Director of Consumer Affairs to investigate the work of the boards within the Department of Consumer Affairs, obtain a copy of the records of official matters in possession of the boards, and require reports from the boards as the director deems reasonably necessary. Existing law requires the director to provide certain reports to the Legislature, including, but not limited to, a copy of an independent review of the Bureau for Private Postsecondary Educations staffing resources needs and requirements. Existing law also makes a violation of the Vocational Nursing Practice Act or the Psychiatric Technicians Law a crime.
This bill would require the director to appoint an enforcement program monitor no later than October 1, 2015. The bill would require the monitor to monitor and evaluate the vocational nursing and psychiatric technician system and procedures for a period of no more than 2 years, as specified, submit a report of his or her findings and conclusions to the Legislature, the department, and the board by April 1, 2016, subsequent reports by October 1, 2016, and February 1, 2017, and a final report by August 1, 2017. The bill would require the board and its staff to cooperate with the monitor. The bill would also require the departments internal audit unit to review the boards staffing resources needs and requirements, and require the director to provide the Legislature with a copy of the review no later than October 1, 2016. The bill would repeal these provisions on January 1, 2018. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law provides for the licensure and regulation of vocational nurses and psychiatric technicians by the Board of Vocational Nursing and Psychiatric Technicians of the State of California and requires the board, among other things, to appoint an executive officer. Existing law repeals these provisions on January 1, 2016.
This bill would extend that repeal date to January 1, 2020.
Existing law provides for the licensure and regulation of persons engaged in the practice of architecture, including landscape architecture, by the California Architects Board. Existing law establishes, within the jurisdiction of the board, the Landscape Architects Technical Committee for the purpose of, among other things, assisting the board in the examination of candidates for a landscape architects license. Existing law repeals these provisions on January 1, 2016.
This bill would extend the operation of these provisions until January 1, 2020.
Existing law provides for the licensure and regulation of persons engaged in the practice of architecture, including landscape architecture, by the California Architects Board. Existing law establishes, within the jurisdiction of the board, the Landscape Architects Technical Committee for the purpose of, among other things, assisting the board in the examination of candidates for a landscape architects license. Existing law repeals these provisions on January 1, 2016.
This bill would extend the operation of these provisions until January 1, 2020.
(a)The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties. The executive officer shall not be a member of the board.
(b)With the approval of the Director of Finance, the board shall fix the salary of the executive officer.
(c)The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.
(d)This section shall remain in effect only until January 1, 2016, and as of that date is repealed.
SEC. 2.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order for the Board of Vocational Nursing and Psychiatric Technicians of the State of California to meet urgent administrative needs, it is necessary that this act take effect immediately.
(a)The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties. The executive officer shall not be a member of the board.
(b)With the approval of the Director of Finance, the board shall fix the salary of the executive officer.
(c)The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.
(d)This section shall remain in effect only until January 1, 2016, and as of that date is repealed.
SEC. 2.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order for the Board of Vocational Nursing and Psychiatric Technicians of the State of California to meet urgent administrative needs, it is necessary that this act take effect immediately.
(a)The board may license as a registered dental assistant a person who files an application and submits written evidence, satisfactory to the board, of one of the following eligibility requirements:
(1)Graduation from an educational program in registered dental assisting approved by the board, and satisfactory performance on a written examination administered by the board.
(2)For individuals applying prior to January 1, 2010, evidence of completion of satisfactory work experience of at least 12 months as a dental assistant in California or another state and satisfactory performance on a written examination administered by the board.
(3)For individuals applying on or after January 1, 2010, evidence of completion of satisfactory work experience of at least 15 months as a dental assistant in California or another state and satisfactory performance on a written examination administered by the board.
(b)For purposes of this section, satisfactory work experience means performance of the duties specified in Section 1750.1 in a competent manner as determined by the employing dentist, who shall certify to such satisfactory work experience in the application.
(c)The board shall give credit toward the work experience referred to in this section to persons who have graduated from a dental assisting program in a postsecondary institution approved by the Department of Education or in a secondary institution, regional occupational center, or regional occupational program, that are not, however, approved by the board pursuant to subdivision (a). The credit shall equal the total weeks spent in classroom training and internship on a week-for-week basis. The board, in cooperation with the Superintendent of Public Instruction, shall establish the minimum criteria for the curriculum of nonboard-approved programs. Additionally, the board shall notify those programs only if the programs curriculum does not meet established minimum criteria, as established for board-approved registered dental assistant programs, except any requirement that the program be given in a postsecondary institution. Graduates of programs not meeting established minimum criteria shall not qualify for satisfactory work experience as defined by this section.
(d)In addition to the requirements specified in subdivision (a), each applicant for registered dental assistant licensure on or after July 1, 2002, shall provide evidence of having successfully completed board-approved courses in radiation safety and coronal polishing as a condition of licensure. The length and content of the courses shall be governed by applicable board regulations.
(e)In addition to the requirements specified in subdivisions (a) and (d), individuals applying for registered dental assistant licensure on or after January 1, 2010, shall demonstrate satisfactory performance on a written examination in law and ethics administered by the board and shall provide written evidence of successful completion within five years prior to application of all of the following:
(1)A board-approved course in the Dental Practice Act.
(2)A board-approved course in infection control.
(3)A course in basic life support offered by an instructor approved by the American Red Cross or the American Heart Association, or any other course approved by the board as equivalent.
(f)A registered dental assistant may apply for an orthodontic assistant permit or a dental sedation assistant permit, or both, by submitting written evidence of the following:
(1)Successful completion of a board-approved orthodontic assistant or dental sedation assistant course, as applicable.
(2)Passage of a written examination administered by the board that shall encompass the knowledge, skills, and abilities necessary to competently perform the duties of the particular permit.
(g)A registered dental assistant with permits in either orthodontic assisting or dental sedation assisting shall be referred to as an RDA with orthodontic assistant permit, or RDA with dental sedation assistant permit, as applicable. These terms shall be used for reference purposes only and do not create additional categories of licensure.
(h)Completion of the continuing education requirements established by the board pursuant to Section 1645 by a registered dental assistant who also holds a permit as an orthodontic assistant or dental sedation assistant shall fulfill the continuing education requirements for the permit or permits.
(i)The board shall, in consultation with the Office of Professional Examination Services, conduct a review to determine whether a practical examination is necessary to demonstrate competency of registered dental assistants, and if so, how this examination should be developed and administered. The board shall submit its review and determination to the appropriate policy committees of the Legislature on or before July 1, 2017.
(j)This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date.
SEC. 2.Section 1752.1 is added to the Business and Professions Code, to read:1752.1.(a)The board may license as a registered dental assistant a person who files an application and submits written evidence, satisfactory to the board, of one of the following eligibility requirements:
(1)Graduation from an educational program in registered dental assisting approved by the board, and satisfactory performance on a written and practical examination administered by the board.
(2)For individuals applying prior to January 1, 2010, evidence of completion of satisfactory work experience of at least 12 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(3)For individuals applying on or after January 1, 2010, evidence of completion of satisfactory work experience of at least 15 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(b)For purposes of this section, satisfactory work experience means performance of the duties specified in Section 1750.1 in a competent manner as determined by the employing dentist, who shall certify to such satisfactory work experience in the application.
(c)The board shall give credit toward the work experience referred to in this section to persons who have graduated from a dental assisting program in a postsecondary institution approved by the State Department of Education or in a secondary institution, regional occupational center, or regional occupational program, that are not, however, approved by the board pursuant to subdivision (a). The credit shall equal the total weeks spent in classroom training and internship on a week-for-week basis. The board, in cooperation with the Superintendent of Public Instruction, shall establish the minimum criteria for the curriculum of nonboard-approved programs. Additionally, the board shall notify those programs only if the programs curriculum does not meet established minimum criteria, as established for board-approved registered dental assistant programs, except any requirement that the program be given in a postsecondary institution. Graduates of programs not meeting established minimum criteria shall not qualify for satisfactory work experience as defined by this section.
(d)In addition to the requirements specified in subdivision (a), each applicant for registered dental assistant licensure on or after July 1, 2002, shall provide evidence of having successfully completed board-approved courses in radiation safety and coronal polishing as a condition of licensure. The length and content of the courses shall be governed by applicable board regulations.
(e)In addition to the requirements specified in subdivisions (a) and (d), individuals applying for registered dental assistant licensure on or after January 1, 2010, shall demonstrate satisfactory performance on a written examination in law and ethics administered by the board and shall provide written evidence of successful completion within five years prior to application of all of the following:
(1)A board-approved course in the Dental Practice Act.
(2)A board-approved course in infection control.
(3)A course in basic life support offered by an instructor approved by the American Red Cross or the American Heart Association, or any other course approved by the board as equivalent.
(f)A registered dental assistant may apply for an orthodontic assistant permit or a dental sedation assistant permit, or both, by submitting written evidence of the following:
(1)Successful completion of a board-approved orthodontic assistant or dental sedation assistant course, as applicable.
(2)Passage of a written examination administered by the board that shall encompass the knowledge, skills, and abilities necessary to competently perform the duties of the particular permit.
(g)A registered dental assistant with permits in either orthodontic assisting or dental sedation assisting shall be referred to as an RDA with orthodontic assistant permit, or RDA with dental sedation assistant permit, as applicable. These terms shall be used for reference purposes only and do not create additional categories of licensure.
(h)Completion of the continuing education requirements established by the board pursuant to Section 1645 by a registered dental assistant who also holds a permit as an orthodontic assistant or dental sedation assistant shall fulfill the continuing education requirements for the permit or permits.
(i)This section shall become operative on July 1, 2017.
SEC. 3.Section 1752.3 of the Business and Professions Code is repealed.SEC. 4.Section 1752.3 is added to the Business and Professions Code, to read:1752.3.(a)On and after January 1, 2010, the written examination for registered dental assistant licensure required by Section 1752.1 shall comply with Section 139.
(b)On and after January 1, 2010, the practical examination for registered dental assistant licensure required by Section 1752.1 shall consist of three of the procedures described in paragraphs (1) to (4), inclusive. The specific procedures shall be assigned by the board, after considering recommendations of its Dental Assisting Council, and shall be graded by examiners appointed by the board. The procedures shall be performed on a fully articulated maxillary and mandibular typodont secured with a bench clamp. Each applicant shall furnish the required materials necessary to complete the examination.
(1)Place a base or liner.
(2)Place, adjust, and finish a direct provisional restoration.
(3)Fabricate and adjust an indirect provisional restoration.
(4)Cement an indirect provisional restoration.
(c)This section shall become operative on July 1, 2017.
SEC. 5.SECTION 1.Section 2847 of the Business and Professions Code is amended to read:2847.(a)The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties. The executive officer shall not be a member of the board.
(b)With the approval of the Director of Finance, the board shall fix the salary of the executive officer.
(c)The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.
(d)This section shall remain in effect only until January 1, 2018, 2016, and as of that date is repealed.
SEC. 6.Section 2847.5 is added to the Business and Professions Code, to read:2847.5.(a)(1) The director shall appoint an enforcement program monitor no later than October 1, 2015. The director may retain a person for this position by a personal services contract. In this connection, the Legislature finds, pursuant to Section 19130 of the Government Code, that this is a new state function.
(2)The director shall supervise the enforcement program monitor and may terminate or dismiss him or her from this position.
(b)(1)The enforcement program monitor shall monitor and evaluate the boards vocational nursing and psychiatric technician disciplinary system and procedures, with specific concentration on improving the overall efficiency and consistency of the enforcement program. The director shall specify further duties of the monitor.
(2)The monitoring duty shall be on a continuing basis for a period of no more than two years from the date of the enforcement program monitors appointment and shall include, but not be limited to, all of the following areas: improving the quality and consistency of complaint processing and investigation, assuring consistency in the application of sanctions or discipline imposed on licensees, the accurate and consistent implementation of the laws and rules affecting discipline, including adhering to CPEI complaint priority guidelines as described in the memorandum dated August 31, 2009, by Brian J. Stiger titled Complaint Prioritization Guidelines for Health Care Agencies, staff concerns regarding disciplinary matters or procedures, appropriate utilization of licensed professionals to investigate complaints, the boards cooperation with other governmental entities charged with enforcing related laws and regulations regarding vocational nurses and psychiatric technicians.
(3)The enforcement program monitor shall exercise no authority over the boards management or staff; however, the board and its staff shall cooperate with him or her, and shall provide data, information, and files as requested by the monitor to perform all of his or her duties.
(4)The director shall assist the enforcement program monitor in the performance of his or her duties, and the monitor shall have the same investigative authority as the director.
(c)(1)The enforcement program monitor shall submit to the department, the board, and the Legislature an initial written report of his or her findings and conclusions no later than April 1, 2016, and subsequent written reports no later than October 1, 2016, and February 1, 2017, and shall be available to make oral reports to each if requested to do so. The monitor may also provide additional information to either the department or the Legislature at his or her discretion or at the request of either the department or the Legislature. The monitor shall make his or her reports available to the public or the media. The monitor shall make every effort to provide the board with an opportunity to reply to any facts, finding, issues, or conclusions in his or her reports with which the board may disagree.
(2)The enforcement program monitor shall issue a final report before August 1, 2017. The final report shall include final findings and conclusions on the topics addressed in the initial report submitted by the monitor pursuant to paragraph (1).
(d)The board shall pay for all of the costs associated with the employment of the enforcement program monitor.
(e)This section shall become inoperative on October 1, 2017, and as of January 1, 2018, is repealed.
SEC. 7.Section 2858.5 is added to the Business and Professions Code, to read:2858.5.(a)The departments internal audit unit shall review the boards staffing resources needs and requirements, and the director shall provide to the Legislature a copy of the review, no later than October 1, 2016. The director shall include with this report an overview of how the director intends to ensure that the boards staff are sufficiently qualified for purposes of implementing the provisions of this chapter and Chapter 10 (commencing with Section 4500), and the estimated costs of meeting staffing and other requirements to implement this chapter and Chapter 10 (commencing with Section 4500) based on findings of the review. The director shall include a brief evaluation of whether the current fee structure is appropriate to satisfy those staffing and other requirements.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 9.SEC. 2.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order for the Board of Vocational Nursing and Psychiatric Technicians of the State of California to meet urgent administrative needs, it is necessary that this act take effect immediately.
(a)The board may license as a registered dental assistant a person who files an application and submits written evidence, satisfactory to the board, of one of the following eligibility requirements:
(1)Graduation from an educational program in registered dental assisting approved by the board, and satisfactory performance on a written examination administered by the board.
(2)For individuals applying prior to January 1, 2010, evidence of completion of satisfactory work experience of at least 12 months as a dental assistant in California or another state and satisfactory performance on a written examination administered by the board.
(3)For individuals applying on or after January 1, 2010, evidence of completion of satisfactory work experience of at least 15 months as a dental assistant in California or another state and satisfactory performance on a written examination administered by the board.
(b)For purposes of this section, satisfactory work experience means performance of the duties specified in Section 1750.1 in a competent manner as determined by the employing dentist, who shall certify to such satisfactory work experience in the application.
(c)The board shall give credit toward the work experience referred to in this section to persons who have graduated from a dental assisting program in a postsecondary institution approved by the Department of Education or in a secondary institution, regional occupational center, or regional occupational program, that are not, however, approved by the board pursuant to subdivision (a). The credit shall equal the total weeks spent in classroom training and internship on a week-for-week basis. The board, in cooperation with the Superintendent of Public Instruction, shall establish the minimum criteria for the curriculum of nonboard-approved programs. Additionally, the board shall notify those programs only if the programs curriculum does not meet established minimum criteria, as established for board-approved registered dental assistant programs, except any requirement that the program be given in a postsecondary institution. Graduates of programs not meeting established minimum criteria shall not qualify for satisfactory work experience as defined by this section.
(d)In addition to the requirements specified in subdivision (a), each applicant for registered dental assistant licensure on or after July 1, 2002, shall provide evidence of having successfully completed board-approved courses in radiation safety and coronal polishing as a condition of licensure. The length and content of the courses shall be governed by applicable board regulations.
(e)In addition to the requirements specified in subdivisions (a) and (d), individuals applying for registered dental assistant licensure on or after January 1, 2010, shall demonstrate satisfactory performance on a written examination in law and ethics administered by the board and shall provide written evidence of successful completion within five years prior to application of all of the following:
(1)A board-approved course in the Dental Practice Act.
(2)A board-approved course in infection control.
(3)A course in basic life support offered by an instructor approved by the American Red Cross or the American Heart Association, or any other course approved by the board as equivalent.
(f)A registered dental assistant may apply for an orthodontic assistant permit or a dental sedation assistant permit, or both, by submitting written evidence of the following:
(1)Successful completion of a board-approved orthodontic assistant or dental sedation assistant course, as applicable.
(2)Passage of a written examination administered by the board that shall encompass the knowledge, skills, and abilities necessary to competently perform the duties of the particular permit.
(g)A registered dental assistant with permits in either orthodontic assisting or dental sedation assisting shall be referred to as an RDA with orthodontic assistant permit, or RDA with dental sedation assistant permit, as applicable. These terms shall be used for reference purposes only and do not create additional categories of licensure.
(h)Completion of the continuing education requirements established by the board pursuant to Section 1645 by a registered dental assistant who also holds a permit as an orthodontic assistant or dental sedation assistant shall fulfill the continuing education requirements for the permit or permits.
(i)The board shall, in consultation with the Office of Professional Examination Services, conduct a review to determine whether a practical examination is necessary to demonstrate competency of registered dental assistants, and if so, how this examination should be developed and administered. The board shall submit its review and determination to the appropriate policy committees of the Legislature on or before July 1, 2017.
(j)This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date.
SEC. 2.Section 1752.1 is added to the Business and Professions Code, to read:1752.1.(a)The board may license as a registered dental assistant a person who files an application and submits written evidence, satisfactory to the board, of one of the following eligibility requirements:
(1)Graduation from an educational program in registered dental assisting approved by the board, and satisfactory performance on a written and practical examination administered by the board.
(2)For individuals applying prior to January 1, 2010, evidence of completion of satisfactory work experience of at least 12 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(3)For individuals applying on or after January 1, 2010, evidence of completion of satisfactory work experience of at least 15 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(b)For purposes of this section, satisfactory work experience means performance of the duties specified in Section 1750.1 in a competent manner as determined by the employing dentist, who shall certify to such satisfactory work experience in the application.
(c)The board shall give credit toward the work experience referred to in this section to persons who have graduated from a dental assisting program in a postsecondary institution approved by the State Department of Education or in a secondary institution, regional occupational center, or regional occupational program, that are not, however, approved by the board pursuant to subdivision (a). The credit shall equal the total weeks spent in classroom training and internship on a week-for-week basis. The board, in cooperation with the Superintendent of Public Instruction, shall establish the minimum criteria for the curriculum of nonboard-approved programs. Additionally, the board shall notify those programs only if the programs curriculum does not meet established minimum criteria, as established for board-approved registered dental assistant programs, except any requirement that the program be given in a postsecondary institution. Graduates of programs not meeting established minimum criteria shall not qualify for satisfactory work experience as defined by this section.
(d)In addition to the requirements specified in subdivision (a), each applicant for registered dental assistant licensure on or after July 1, 2002, shall provide evidence of having successfully completed board-approved courses in radiation safety and coronal polishing as a condition of licensure. The length and content of the courses shall be governed by applicable board regulations.
(e)In addition to the requirements specified in subdivisions (a) and (d), individuals applying for registered dental assistant licensure on or after January 1, 2010, shall demonstrate satisfactory performance on a written examination in law and ethics administered by the board and shall provide written evidence of successful completion within five years prior to application of all of the following:
(1)A board-approved course in the Dental Practice Act.
(2)A board-approved course in infection control.
(3)A course in basic life support offered by an instructor approved by the American Red Cross or the American Heart Association, or any other course approved by the board as equivalent.
(f)A registered dental assistant may apply for an orthodontic assistant permit or a dental sedation assistant permit, or both, by submitting written evidence of the following:
(1)Successful completion of a board-approved orthodontic assistant or dental sedation assistant course, as applicable.
(2)Passage of a written examination administered by the board that shall encompass the knowledge, skills, and abilities necessary to competently perform the duties of the particular permit.
(g)A registered dental assistant with permits in either orthodontic assisting or dental sedation assisting shall be referred to as an RDA with orthodontic assistant permit, or RDA with dental sedation assistant permit, as applicable. These terms shall be used for reference purposes only and do not create additional categories of licensure.
(h)Completion of the continuing education requirements established by the board pursuant to Section 1645 by a registered dental assistant who also holds a permit as an orthodontic assistant or dental sedation assistant shall fulfill the continuing education requirements for the permit or permits.
(i)This section shall become operative on July 1, 2017.
SEC. 3.Section 1752.3 of the Business and Professions Code is repealed.SEC. 4.Section 1752.3 is added to the Business and Professions Code, to read:1752.3.(a)On and after January 1, 2010, the written examination for registered dental assistant licensure required by Section 1752.1 shall comply with Section 139.
(b)On and after January 1, 2010, the practical examination for registered dental assistant licensure required by Section 1752.1 shall consist of three of the procedures described in paragraphs (1) to (4), inclusive. The specific procedures shall be assigned by the board, after considering recommendations of its Dental Assisting Council, and shall be graded by examiners appointed by the board. The procedures shall be performed on a fully articulated maxillary and mandibular typodont secured with a bench clamp. Each applicant shall furnish the required materials necessary to complete the examination.
(1)Place a base or liner.
(2)Place, adjust, and finish a direct provisional restoration.
(3)Fabricate and adjust an indirect provisional restoration.
(4)Cement an indirect provisional restoration.
(c)This section shall become operative on July 1, 2017.
SEC. 5.Section 2847 of the Business and Professions Code is amended to read:2847.(a)The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties. The executive officer shall not be a member of the board.
(b)With the approval of the Director of Finance, the board shall fix the salary of the executive officer.
(c)The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.
(d)This section shall remain in effect only until January 1, 2016, 2018, and as of that date is repealed.
SEC. 6.Section 2847.5 is added to the Business and Professions Code, to read:2847.5.(a)(1) The director shall appoint an enforcement program monitor no later than October 1, 2015. The director may retain a person for this position by a personal services contract. In this connection, the Legislature finds, pursuant to Section 19130 of the Government Code, that this is a new state function.
(2)The director shall supervise the enforcement program monitor and may terminate or dismiss him or her from this position.
(b)(1)The enforcement program monitor shall monitor and evaluate the boards vocational nursing and psychiatric technician disciplinary system and procedures, with specific concentration on improving the overall efficiency and consistency of the enforcement program. The director shall specify further duties of the monitor.
(2)The monitoring duty shall be on a continuing basis for a period of no more than two years from the date of the enforcement program monitors appointment and shall include, but not be limited to, all of the following areas: improving the quality and consistency of complaint processing and investigation, assuring consistency in the application of sanctions or discipline imposed on licensees, the accurate and consistent implementation of the laws and rules affecting discipline, including adhering to CPEI complaint priority guidelines as described in the memorandum dated August 31, 2009, by Brian J. Stinger Stiger titled Complaint Prioritization Guidelines for Health Care Agencies, staff concerns regarding disciplinary matters or procedures, appropriate utilization of licensed professionals to investigate complaints, the boards cooperation with other governmental entities charged with enforcing related laws and regulations regarding vocational nurses and psychiatric technicians.
(3)The enforcement program monitor shall exercise no authority over the boards management or staff; however, the board and its staff shall cooperate with him or her, and shall provide data, information, and files as requested by the monitor to perform all of his or her duties.
(4)The director shall assist the enforcement program monitor in the performance of his or her duties, and the monitor shall have the same investigative authority as the director.
(c)(1)The enforcement program monitor shall submit to the department, the board, and the Legislature an initial written report of his or her findings and conclusions no later than April 1, 2016, and subsequent written reports no later than October 1, 2016, and February 1, 2017, and shall be available to make oral reports to each if requested to do so. The monitor may also provide additional information to either the department or the Legislature at his or her discretion or at the request of either the department or the Legislature. The monitor shall make his or her reports available to the public or the media. The monitor shall make every effort to provide the board with an opportunity to reply to any facts, finding, issues, or conclusions in his or her reports with which the board may disagree.
(2)The enforcement program monitor shall issue a final report before August 1, 2017. The final report shall include final findings and conclusions on the topics addressed in the initial report submitted by the monitor pursuant to paragraph (1).
(d)The board shall pay for all of the costs associated with the employment of the enforcement program monitor.
(e)This section shall become inoperative on October 1, 2017, and as of January 1, 2018, is repealed.
SEC. 7.Section 2858.5 is added to the Business and Professions Code, to read:2858.5.(a)The departments internal audit unit shall review the boards staffing resources needs and requirements, and the director shall provide to the Legislature a copy of the review, no later than October 1, 2016. The director shall include with this report an overview of how the director intends to ensure that the boards staff are sufficiently qualified for purposes of implementing the provisions of this chapter and Chapter 10 (commencing with Section 4500), and the estimated costs of meeting staffing and other requirements to implement this chapter and Chapter 10 (commencing with Section 4500) based on findings of the review. The director shall include a brief evaluation of whether the current fee structure is appropriate to satisfy those staffing and other requirements.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 9.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order for the Board of Vocational Nursing and Psychiatric Technicians of the State of California to meet urgent administrative needs, it is necessary that this act take effect immediately.
(a)The board may license as a registered dental assistant a person who files an application and submits written evidence, satisfactory to the board, of one of the following eligibility requirements:
(1)Graduation from an educational program in registered dental assisting approved by the board, and satisfactory performance on a written and practical examination administered by the board.
(2)For individuals applying prior to January 1, 2010, evidence of completion of satisfactory work experience of at least 12 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(3)For individuals applying on or after January 1, 2010, evidence of completion of satisfactory work experience of at least 15 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(b)For purposes of this section, satisfactory work experience means performance of the duties specified in Section 1750.1 in a competent manner as determined by the employing dentist, who shall certify to such satisfactory work experience in the application.
(c)The board shall give credit toward the work experience referred to in this section to persons who have graduated from a dental assisting program in a postsecondary institution approved by the Department of Education or in a secondary institution, regional occupational center, or regional occupational program, that are not, however, approved by the board pursuant to subdivision (a). The credit shall equal the total weeks spent in classroom training and internship on a week-for-week basis. The board, in cooperation with the Superintendent of Public Instruction, shall establish the minimum criteria for the curriculum of nonboard-approved programs. Additionally, the board shall notify those programs only if the programs curriculum does not meet established minimum criteria, as established for board-approved registered dental assistant programs, except any requirement that the program be given in a postsecondary institution. Graduates of programs not meeting established minimum criteria shall not qualify for satisfactory work experience as defined by this section.
(d)In addition to the requirements specified in subdivision (a), each applicant for registered dental assistant licensure on or after July 1, 2002, shall provide evidence of having successfully completed board-approved courses in radiation safety and coronal polishing as a condition of licensure. The length and content of the courses shall be governed by applicable board regulations.
(e)In addition to the requirements specified in subdivisions (a) and (d), individuals applying for registered dental assistant licensure on or after January 1, 2010, shall demonstrate satisfactory performance on a written examination in law and ethics administered by the board and shall provide written evidence of successful completion within five years prior to application of all of the following:
(1)A board-approved course in the Dental Practice Act.
(2)A board-approved course in infection control.
(3)A course in basic life support offered by an instructor approved by the American Red Cross or the American Heart Association, or any other course approved by the board as equivalent.
(f)A registered dental assistant may apply for an orthodontic assistant permit or a dental sedation assistant permit, or both, by submitting written evidence of the following:
(1)Successful completion of a board-approved orthodontic assistant or dental sedation assistant course, as applicable.
(2)Passage of a written examination administered by the board that shall encompass the knowledge, skills, and abilities necessary to competently perform the duties of the particular permit.
(g)A registered dental assistant with permits in either orthodontic assisting or dental sedation assisting shall be referred to as an RDA with orthodontic assistant permit, or RDA with dental sedation assistant permit, as applicable. These terms shall be used for reference purposes only and do not create additional categories of licensure.
(h)Completion of the continuing education requirements established by the board pursuant to Section 1645 by a registered dental assistant who also holds a permit as an orthodontic assistant or dental sedation assistant shall fulfill the continuing education requirements for the permit or permits.
(i)The board shall, in consultation with the Office of Professional Examination Services, conduct a review to determine whether a practical examination is necessary to demonstrate competency of registered dental assistants, and if so, how this examination should be developed and administered. The board shall submit its review and determination to the appropriate policy committees of the Legislature on or before July 1, 2017.
(j)This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date.
SEC. 2.Section 1752.1 is added to the Business and Professions Code, to read:1752.1.(a)The board may license as a registered dental assistant a person who files an application and submits written evidence, satisfactory to the board, of one of the following eligibility requirements:
(1)Graduation from an educational program in registered dental assisting approved by the board, and satisfactory performance on a written and practical examination administered by the board.
(2)For individuals applying prior to January 1, 2010, evidence of completion of satisfactory work experience of at least 12 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(3)For individuals applying on or after January 1, 2010, evidence of completion of satisfactory work experience of at least 15 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(b)For purposes of this section, satisfactory work experience means performance of the duties specified in Section 1750.1 in a competent manner as determined by the employing dentist, who shall certify to such satisfactory work experience in the application.
(c)The board shall give credit toward the work experience referred to in this section to persons who have graduated from a dental assisting program in a postsecondary institution approved by the State Department of Education or in a secondary institution, regional occupational center, or regional occupational program, that are not, however, approved by the board pursuant to subdivision (a). The credit shall equal the total weeks spent in classroom training and internship on a week-for-week basis. The board, in cooperation with the Superintendent of Public Instruction, shall establish the minimum criteria for the curriculum of nonboard-approved programs. Additionally, the board shall notify those programs only if the programs curriculum does not meet established minimum criteria, as established for board-approved registered dental assistant programs, except any requirement that the program be given in a postsecondary institution. Graduates of programs not meeting established minimum criteria shall not qualify for satisfactory work experience as defined by this section.
(d)In addition to the requirements specified in subdivision (a), each applicant for registered dental assistant licensure on or after July 1, 2002, shall provide evidence of having successfully completed board-approved courses in radiation safety and coronal polishing as a condition of licensure. The length and content of the courses shall be governed by applicable board regulations.
(e)In addition to the requirements specified in subdivisions (a) and (d), individuals applying for registered dental assistant licensure on or after January 1, 2010, shall demonstrate satisfactory performance on a written examination in law and ethics administered by the board and shall provide written evidence of successful completion within five years prior to application of all of the following:
(1)A board-approved course in the Dental Practice Act.
(2)A board-approved course in infection control.
(3)A course in basic life support offered by an instructor approved by the American Red Cross or the American Heart Association, or any other course approved by the board as equivalent.
(f)A registered dental assistant may apply for an orthodontic assistant permit or a dental sedation assistant permit, or both, by submitting written evidence of the following:
(1)Successful completion of a board-approved orthodontic assistant or dental sedation assistant course, as applicable.
(2)Passage of a written examination administered by the board that shall encompass the knowledge, skills, and abilities necessary to competently perform the duties of the particular permit.
(g)A registered dental assistant with permits in either orthodontic assisting or dental sedation assisting shall be referred to as an RDA with orthodontic assistant permit, or RDA with dental sedation assistant permit, as applicable. These terms shall be used for reference purposes only and do not create additional categories of licensure.
(h)Completion of the continuing education requirements established by the board pursuant to Section 1645 by a registered dental assistant who also holds a permit as an orthodontic assistant or dental sedation assistant shall fulfill the continuing education requirements for the permit or permits.
(i)This section shall become operative on July 1, 2017.
SEC. 3.Section 1752.3 of the Business and Professions Code is repealed.1752.3.(a)On and after January 1, 2010, the written examination for registered dental assistant licensure required by Section 1752.1 shall comply with Section 139.
(b)On and after January 1, 2010, the practical examination for registered dental assistant licensure required by Section 1752.1 shall consist of three of the procedures described in paragraphs (1) to (4), inclusive. The specific procedures shall be assigned by the board, after considering recommendations of its Dental Assisting Council, and shall be graded by examiners appointed by the board. The procedures shall be performed on a fully articulated maxillary and mandibular typodont secured with a bench clamp. Each applicant shall furnish the required materials necessary to complete the examination.
(1)Place a base or liner.
(2)Place, adjust, and finish a direct provisional restoration.
(3)Fabricate and adjust an indirect provisional restoration.
(4)Cement an indirect provisional restoration.
SEC. 4.Section 1752.3 is added to the Business and Professions Code, to read:1752.3.(a)On and after January 1, 2010, the written examination for registered dental assistant licensure required by Section 1752.1 shall comply with Section 139.
(b)On and after January 1, 2010, the practical examination for registered dental assistant licensure required by Section 1752.1 shall consist of three of the procedures described in paragraphs (1) to (4), inclusive. The specific procedures shall be assigned by the board, after considering recommendations of its Dental Assisting Council, and shall be graded by examiners appointed by the board. The procedures shall be performed on a fully articulated maxillary and mandibular typodont secured with a bench clamp. Each applicant shall furnish the required materials necessary to complete the examination.
(1)Place a base or liner.
(2)Place, adjust, and finish a direct provisional restoration.
(3)Fabricate and adjust an indirect provisional restoration.
(4)Cement an indirect provisional restoration.
(c)This section shall become operative on July 1, 2017.
SECTION 1.SEC. 5.Section 2847 of the Business and Professions Code is amended to read:2847.(a)The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties. The executive officer shall not be a member of the board.
(b)With the approval of the Director of Finance, the board shall fix the salary of the executive officer.
(c)The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.
(d)This section shall remain in effect only until January 1, 2016, and as of that date is repealed.
SEC. 2.SEC. 6.Section 2847.5 is added to the Business and Professions Code, to read:2847.5.(a)(1) The director shall appoint an enforcement program monitor no later than October 1, 2015. The director may retain a person for this position by a personal services contract. In this connection, the Legislature finds, pursuant to Section 19130 of the Government Code, that this is a new state function.
(2)The director shall supervise the enforcement program monitor and may terminate or dismiss him or her from this position.
(b)(1)The enforcement program monitor shall monitor and evaluate the boards vocational nursing and psychiatric technician disciplinary system and procedures, with specific concentration on improving the overall efficiency and consistency of the enforcement program. The director shall specify further duties of the monitor.
(2)The monitoring duty shall be on a continuing basis for a period of no more than two years from the date of the enforcement program monitors appointment and shall include, but not be limited to, all of the following areas: improving the quality and consistency of complaint processing and investigation, assuring consistency in the application of sanctions or discipline imposed on licensees, the accurate and consistent implementation of the laws and rules affecting discipline, including adhering to CPEI complaint priority guidelines as described in the memorandum dated August 31, 2009, by Brian J. Stinger titled Complaint Prioritization Guidelines for Health Care Agencies, staff concerns regarding disciplinary matters or procedures, appropriate utilization of licensed professionals to investigate complaints, the boards cooperation with other governmental entities charged with enforcing related laws and regulations regarding vocational nurses and psychiatric technicians.
(3)The enforcement program monitor shall exercise no authority over the boards management or staff; however, the board and its staff shall cooperate with him or her, and shall provide data, information, and files as requested by the monitor to perform all of his or her duties.
(4)The director shall assist the enforcement program monitor in the performance of his or her duties, and the monitor shall have the same investigative authority as the director.
(c)(1)The enforcement program monitor shall submit to the department, the board, and the Legislature an initial written report of his or her findings and conclusions no later than April 1, 2016, and subsequent written reports no later than October 1, 2016, and February 1, 2017, and shall be available to make oral reports to each if requested to do so. The monitor may also provide additional information to either the department or the Legislature at his or her discretion or at the request of either the department or the Legislature. The monitor shall make his or her reports available to the public or the media. The monitor shall make every effort to provide the board with an opportunity to reply to any facts, finding, issues, or conclusions in his or her reports with which the board may disagree.
(2)The enforcement program monitor shall issue a final report before August 1, 2017. The final report shall include final findings and conclusions on the topics addressed in the initial report submitted by the monitor pursuant to paragraph (1).
(d)The board shall pay for all of the costs associated with the employment of the enforcement program monitor.
(e)This section shall become inoperative on October 1, 2017, and as of January 1, 2018, is repealed.
SEC. 3.SEC. 7.Section 2858.5 is added to the Business and Professions Code, to read:2858.5.(a)The departments internal audit unit shall review the boards staffing resources needs and requirements, and the director shall provide to the Legislature a copy of the review, no later than October 1, 2016. The director shall include with this report an overview of how the director intends to ensure that the boards staff are sufficiently qualified for purposes of implementing the provisions of this chapter and Chapter 10 (commencing with Section 4500), and the estimated costs of meeting staffing and other requirements to implement this chapter and Chapter 10 (commencing with Section 4500) based on findings of the review. The director shall include a brief evaluation of whether the current fee structure is appropriate to satisfy those staffing and other requirements.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 4.SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 9.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order for the Board of Vocational Nursing and Psychiatric Technicians of the State of California to meet urgent administrative needs, it is necessary that this act take effect immediately.
(a)There is in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, consisting of 11 members.
(b)Within the meaning of this chapter, board, or the board, refers to the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(c)This section shall remain in effect only until January 1, 2020, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.SECTION 1.Section 2847 of the Business and Professions Code is amended to read:2847.(a)The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties.
(b)The person selected to be the executive officer of the board shall be a duly licensed vocational nurse under this chapter, a duly licensed registered nurse under Chapter 6 (commencing with Section 2700), or a duly licensed psychiatric technician. The executive officer shall not be a member of the board.
(c)
(b)With the approval of the Director of Finance, the board shall fix the salary of the executive officer.
(d)
(c)The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.
(e)
(d)This section shall remain in effect only until January 1, 2020, 2016, and as of that date is repealed.
SEC. 3.Section 4501 of the Business and Professions Code is amended to read:4501.(a)Board, as used in this chapter, means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 4.Section 4503 of the Business and Professions Code is amended to read:4503.(a)The board shall administer and enforce this chapter.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 2.Section 2847.5 is added to the Business and Professions Code, to read:2847.5.(a)(1) The director shall appoint an enforcement program monitor no later than October 1, 2015. The director may retain a person for this position by a personal services contract. In this connection, the Legislature finds, pursuant to Section 19130 of the Government Code, that this is a new state function.
(2)The director shall supervise the enforcement program monitor and may terminate or dismiss him or her from this position.
(b)(1)The enforcement program monitor shall monitor and evaluate the boards vocational nursing and psychiatric technician disciplinary system and procedures, with specific concentration on improving the overall efficiency and consistency of the enforcement program. The director shall specify further duties of the monitor.
(2)The monitoring duty shall be on a continuing basis for a period of no more than two years from the date of the enforcement program monitors appointment and shall include, but not be limited to, all of the following areas: improving the quality and consistency of complaint processing and investigation, assuring consistency in the application of sanctions or discipline imposed on licensees, the accurate and consistent implementation of the laws and rules affecting discipline, including adhering to CPEI complaint priority guidelines as described in the memorandum dated August 31, 2009, by Brian J. Stinger titled Complaint Prioritization Guidelines for Health Care Agencies, staff concerns regarding disciplinary matters or procedures, appropriate utilization of licensed professionals to investigate complaints, the boards cooperation with other governmental entities charged with enforcing related laws and regulations regarding vocational nurses and psychiatric technicians.
(3)The enforcement program monitor shall exercise no authority over the boards management or staff; however, the board and its staff shall cooperate with him or her, and shall provide data, information, and files as requested by the monitor to perform all of his or her duties.
(4)The director shall assist the enforcement program monitor in the performance of his or her duties, and the monitor shall have the same investigative authority as the director.
(c)(1)The enforcement program monitor shall submit to the department, the board, and the Legislature an initial written report of his or her findings and conclusions no later than April 1, 2016, and subsequent written reports no later than October 1, 2016, and February 1, 2017, and shall be available to make oral reports to each if requested to do so. The monitor may also provide additional information to either the department or the Legislature at his or her discretion or at the request of either the department or the Legislature. The monitor shall make his or her reports available to the public or the media. The monitor shall make every effort to provide the board with an opportunity to reply to any facts, finding, issues, or conclusions in his or her reports with which the board may disagree.
(2)The enforcement program monitor shall issue a final report before August 1, 2017. The final report shall include final findings and conclusions on the topics addressed in the initial report submitted by the monitor pursuant to paragraph (1).
(d)The board shall pay for all of the costs associated with the employment of the enforcement program monitor.
(e)This section shall become inoperative on October 1, 2017, and as of January 1, 2018, is repealed.
SEC. 3.Section 2858.5 is added to the Business and Professions Code, to read:2858.5.(a)The departments internal audit unit shall review the boards staffing resources needs and requirements, and the director shall provide to the Legislature a copy of the review, no later than October 1, 2016. The director shall include with this report an overview of how the director intends to ensure that the boards staff are sufficiently qualified for purposes of implementing the provisions of this chapter and Chapter 10 (commencing with Section 4500), and the estimated costs of meeting staffing and other requirements to implement this chapter and Chapter 10 (commencing with Section 4500) based on findings of the review. The director shall include a brief evaluation of whether the current fee structure is appropriate to satisfy those staffing and other requirements.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)There is in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, consisting of 11 members.
(b)Within the meaning of this chapter, board, or the board, refers to the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(c)This section shall remain in effect only until January 1, 2016, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date. repealed. Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 2847 of the Business and Professions Code is amended to read:2847.(a)The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties.
(b)The person selected to be the executive officer of the board shall be a duly licensed vocational nurse under this chapter, a duly licensed professional registered nurse as defined in Section 2725, under Chapter 6 (commencing with Section 2700), or a duly licensed psychiatric technician. The executive officer shall not be a member of the board.
(c)With the approval of the Director of Finance, the board shall fix the salary of the executive officer.
(d)The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.
(e)This section shall remain in effect only until January 1, 2016, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date. repealed.
SEC. 3.Section 4501 of the Business and Professions Code is amended to read:4501.(a)Board, as used in this chapter, means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(b)This section shall remain in effect only until January 1, 2016, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date. repealed.
SEC. 4.Section 4503 of the Business and Professions Code is amended to read:4503.(a)The board shall administer and enforce this chapter.
(b)This section shall remain in effect only until January 1, 2016, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date. repealed.
SECTION 1.Section 5510 of the Business and Professions Code is amended to read:5510.There is in the Department of Consumer Affairs a California Architects Board which consists of 10 members.
Any reference in law to the California Board of Architectural Examiners shall mean the California Architects Board.
This section shall remain in effect only until January 1, 2020, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 5517 of the Business and Professions Code is amended to read:5517.The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter.
This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 3.Section 5620 of the Business and Professions Code is amended to read:5620.The duties, powers, purposes, responsibilities, and jurisdiction of the California State Board of Landscape Architects that were succeeded to and vested with the Department of Consumer Affairs in accordance with Chapter 908 of the Statutes of 1994 are hereby transferred to the California Architects Board. The Legislature finds that the purpose for the transfer of power is to promote and enhance the efficiency of state government and that assumption of the powers and duties by the California Architects Board shall not be viewed or construed as a precedent for the establishment of state regulation over a profession or vocation that was not previously regulated by a board, as defined in Section 477.
(a)There is in the Department of Consumer Affairs a California Architects Board as defined in Article 2 (commencing with Section 5510) of Chapter 3.
Whenever in this chapter board is used, it refers to the California Architects Board.
(b)Except as provided herein, the board may delegate its authority under this chapter to the Landscape Architects Technical Committee.
(c)After review of proposed regulations, the board may direct the examining committee to notice and conduct hearings to adopt, amend, or repeal regulations pursuant to Section 5630, provided that the board itself shall take final action to adopt, amend, or repeal those regulations.
(d)The board shall not delegate its authority to discipline a landscape architect or to take action against a person who has violated this chapter.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 4.Section 5621 of the Business and Professions Code is amended to read:5621.(a)There is hereby created within the jurisdiction of the board, a Landscape Architects Technical Committee, hereinafter referred to in this chapter as the landscape architects committee.
(b)The landscape architects committee shall consist of five members who shall be licensed to practice landscape architecture in this state. The Governor shall appoint three of the members. The Senate Committee on Rules and the Speaker of the Assembly shall appoint one member each.
(c)The initial members to be appointed by the Governor are as follows: one member for a term of one year; one member for a term of two years; and one member for a term of three years. The Senate Committee on Rules and the Speaker of the Assembly shall initially each appoint one member for a term of four years. Thereafter, appointments shall be made for four-year terms, expiring on June 1 of the fourth year and until the appointment and qualification of his or her successor or until one year shall have elapsed, whichever first occurs. Vacancies shall be filled for the unexpired term.
(d)No person shall serve as a member of the landscape architects committee for more than two consecutive terms.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SEC. 5.Section 5622 of the Business and Professions Code is amended to read:5622.(a)The landscape architects committee may assist the board in the examination of candidates for a landscape architects license and, after investigation, evaluate and make recommendations regarding potential violations of this chapter.
(b)The landscape architects committee may investigate, assist, and make recommendations to the board regarding the regulation of landscape architects in this state.
(c)The landscape architects committee may perform duties and functions that have been delegated to it by the board pursuant to Section 5620.
(d)The landscape architects committee may send a representative to all meetings of the full board to report on the committees activities.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
There is in the Department of Consumer Affairs a California Architects Board which consists of 10 members.
Any reference in law to the California Board of Architectural Examiners shall mean the California Architects Board.
This section shall remain in effect only until January 1, 2016, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date repealed. Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 5517 of the Business and Professions Code is amended to read:5517.The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter.
This section shall remain in effect only until January 1, 2016, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date repealed.
SEC. 3.Section 5620 of the Business and Professions Code is amended to read:5620.The duties, powers, purposes, responsibilities, and jurisdiction of the California State Board of Landscape Architects that were succeeded to and vested with the Department of Consumer Affairs in accordance with Chapter 908 of the Statutes of 1994 are hereby transferred to the California Architects Board. The Legislature finds that the purpose for the transfer of power is to promote and enhance the efficiency of state government and that assumption of the powers and duties by the California Architects Board shall not be viewed or construed as a precedent for the establishment of state regulation over a profession or vocation that was not previously regulated by a board, as defined in Section 477.
(a)There is in the Department of Consumer Affairs a California Architects Board as defined in Article 2 (commencing with Section 5510) of Chapter 3.
Whenever in this chapter board is used, it refers to the California Architects Board.
(b)Except as provided herein, the board may delegate its authority under this chapter to the Landscape Architects Technical Committee.
(c)After review of proposed regulations, the board may direct the examining committee to notice and conduct hearings to adopt, amend, or repeal regulations pursuant to Section 5630, provided that the board itself shall take final action to adopt, amend, or repeal those regulations.
(d)The board shall not delegate its authority to discipline a landscape architect or to take action against a person who has violated this chapter.
(e)This section shall remain in effect only until January 1, 2016, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date repealed.
SEC. 4.Section 5621 of the Business and Professions Code is amended to read:5621.(a)There is hereby created within the jurisdiction of the board, a Landscape Architects Technical Committee, hereinafter referred to in this chapter as the landscape architects committee.
(b)The landscape architects committee shall consist of five members who shall be licensed to practice landscape architecture in this state. The Governor shall appoint three of the members. The Senate Committee on Rules and the Speaker of the Assembly shall appoint one member each.
(c)The initial members to be appointed by the Governor are as follows: one member for a term of one year; one member for a term of two years; and one member for a term of three years. The Senate Committee on Rules and the Speaker of the Assembly shall initially each appoint one member for a term of four years. Thereafter, appointments shall be made for four-year terms, expiring on June 1 of the fourth year and until the appointment and qualification of his or her successor or until one year shall have elapsed, whichever first occurs. Vacancies shall be filled for the unexpired term.
(d)No person shall serve as a member of the landscape architects committee for more than two consecutive terms.
(e)This section shall remain in effect only until January 1, 2016, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date repealed.
SEC. 5.Section 5622 of the Business and Professions Code is amended to read:5622.(a)The landscape architects committee may assist the board in the examination of candidates for a landscape architects license and, after investigation, evaluate and make recommendations regarding potential violations of this chapter.
(b)The landscape architects committee may investigate, assist, and make recommendations to the board regarding the regulation of landscape architects in this state.
(c)The landscape architects committee may perform duties and functions that have been delegated to it by the board pursuant to Section 5620.
(d)The landscape architects committee may send a representative to all meetings of the full board to report on the committees activities.
(e)This section shall remain in effect only until January 1, 2016, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date repealed.
|
Date
|
Status
|
|---|---|
| Sep 2, 2015 | Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 38. Noes 1. Page 2402.). |
| Jun 19, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 24, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D. |
| Jun 30, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 29). Re-referred to Com. on APPR. |
| Jul 13, 2015 | In committee: Referred to suspense file. |
| Aug 27, 2015 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 27). |
| Aug 31, 2015 | Read second time and amended. Ordered to third reading. |
| Sep 2, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77. |
| Sep 2, 2015 | Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. |
| Jun 11, 2015 | Referred to Com. on B., P. & E.D. |
| Sep 3, 2015 | Assembly Rule 77 suspended. |
| Sep 3, 2015 | Assembly Rule 77 suspended. (Page 2859.) |
| Sep 3, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2865.). |
| Sep 3, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0.). |
| Sep 16, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Oct 2, 2015 | Approved by the Governor. |
| Oct 2, 2015 | Chaptered by Secretary of State - Chapter 429, Statutes of 2015. |
| May 5, 2015 | Re-referred to Com. on APPR. |
| Jan 27, 2015 | From printer. May be heard in committee February 26. |
| Feb 2, 2015 | Referred to Com. on B. & P. |
| Mar 3, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Mar 4, 2015 | Re-referred to Com. on B. & P. |
| Apr 22, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Apr 23, 2015 | Re-referred to Com. on B. & P. |
| Apr 30, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (April 28). |
| May 4, 2015 | Read second time and amended. |
| Jan 26, 2015 | Read first time. To print. |
| May 20, 2015 | In committee: Set, first hearing. Referred to suspense file. |
| May 20, 2015 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 28, 2015 | From committee: Do pass. (Ayes 17. Noes 0.) (May 28). |
| May 28, 2015 | Read second time. Ordered to third reading. |
| Jun 1, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 1, 2015 | Read third time. Urgency clause adopted. Passed. Ordered to the Senate. |
| Jun 1, 2015 | Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 80. Noes 0. Page 1701.). |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 3, 2015 | AB 178 BONILLA Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 2, 2015 | Assembly 3rd Reading AB178 Bonilla By Hill Urgency Clause | Senate Floor |
Passed |
|
| Aug 27, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 13, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 29, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
|
| Jun 1, 2015 | AB 178 BONILLA Third Reading Urgency | Assembly Floor |
Passed |
|
| May 28, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 28, 2015 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Business and Professions |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Board of Vocational Nursing and Psychiatric Technicians | ** Support | Sep 2, 2015 |
| California Dental Assistants Association | ** Support | Jun 29, 2015 |
| California Dental Assisting Teachers Association | ** Support | Jun 29, 2015 |
| Dental Board | * Support | Jun 29, 2015 |
| Dental Board of California | ** Support | Jun 29, 2015 |
| Griffles | * Support | Jun 29, 2015 |
| Pasadena City College | ** Support | Jun 29, 2015 |
| Program Director | * Against | Jun 29, 2015 |
AB 178
Page 2
CONCURRENCE IN SENATE AMENDMENTS
AB 178
(Bonilla)
As Amended August 31, 2015
2/3 vote. Urgency
ASSEMBLY: |
80-0 |
(June 1, 2015) |
SENATE: |
38-1 |
(September 2, 2015) |
Original Committee Reference: B. & P.
SUMMARY: Removes the requirement that the executive officer of the Board of Vocational Nursing and Psychiatric Technicians (BVNPT) be a licensed vocational nurse, registered nurse, or psychiatric technician and declares that it is to take effect immediately as an urgency statute. Specifically, this bill:
Removes the requirement that the executive officer be a licensed vocational nurse, registered nurse, or psychiatric technician.
States that no reimbursement is required by this act for a specified reason.
Declares that the bill take effect immediately as an urgency statute.
The Senate amendments deleted the provisions of this bill relating to the registered dental assistant practical examination, deleted the provisions relating to the enforcement monitor, and deleted the provisions relating to the internal audit.
FISCAL EFFECT: According to the Senate Appropriations Committee, this bill will result in annual costs of about $180,000 per year to support the Executive Officer position at the Board of Vocational Nursing and Psychiatric Technicians, including salary, benefits, and overhead costs (Vocational Nursing and Psychiatric Technicians Fund).
COMMENTS:
Purpose. This bill is one of five author-sponsored sunset bills. According to the author, "This bill is necessary to ensure that consumers continue to be protected through the ongoing licensure and regulation."
Background. In March of 2015, the Assembly Business and Professions Committee and the Senate Business, Professions and Economic Development Committee (Committees) conducted multiple joint oversight hearings to review 10 regulatory boards and other entities within the Department of Consumer Affairs. This and other sunset bills are intended to implement legislative changes recommended in the respective background reports drafted by the Committees for all of the agencies reviewed this year.
Executive Officer Requirements. Because it is not a common practice to require the executive officer of a board to be a licensed professional, this bill will remove the requirement that the executive officer be a licensed professional. Further, due to the recent retirement of the executive officer and assistant executive officer, this bill will take effect immediately as an urgency statute so that the BVNPT can hire a new executive officer right away.
Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301 FN: 0001885
AB 178
Page 3
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 178
Amended: 8/31/15 in Senate
SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 7-0, 6/29/15
AYES: Hill, Bates, Block, Galgiani, Hernandez, Mendoza, Wieckowski
NO VOTE RECORDED: Berryhill, Jackson
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 80-0, 6/1/15 - See last page for vote
SUBJECT: Board of Vocational Nursing and Psychiatric Technicians of the State of California: executive officer
DIGEST: This bill sunsets the authorization for the Board of Vocational Nursing and Psychiatric Technicians (BVNPT) to select an executive officer on January 1, 2016 and strikes provisions requiring the executive officer to be a duly licensed vocational nurse, professional nurse, or psychiatric technician.
Existing law:
Provides for the licensure and regulation of vocational nurses and psychiatric technicians by the BVNPT and extends the operation of the BVNPT until January 1, 2016. (BPC §§ 2840-2895.5)
Declares that protection of the public shall be the highest priority for the BVNPT in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (BPC § 2841.1)
Requires the BVNPT to appoint an executive officer and requires the executive officer to be a licensed vocational nurse, registered nurse, or psychiatric technician. (BPC § 2847)
This bill strikes provisions requiring the BVNPT executive officer to be a duly licensed vocational nurse, professional nurse, or psychiatric technician.
Background
In 2015, the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee (Committees) conducted joint oversight hearings to review 12 regulatory entities including BVNPT. This bill is intended to implement legislative changes as recommended by staff of the Committees reflected in a Background Paper on the BVNPT, as well as the discussion stemming from an oversight hearing on BVNPT.
This is an urgency bill that strikes provisions of law requiring the BVNPT executive officer to be a duly licensed vocational nurse, professional nurse, or psychiatric technician and then sunsets the law on January 1, 2016. The urgency provision allows the BVNPT to hire an executive officer as soon as this bill is enacted, and then a companion bill, AB 179 (Bonilla, 2015), authorizes and extends the provisions relating to the executive officer until 2018.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: Yes
According to the Senate Appropriations Committee, this bill will have annual costs of about $180,000 per year to support the executive officer position at the BVNPT, including salary, benefits, and overhead costs (Vocational Nursing and Psychiatric Technicians Fund).
Board of Vocational Nursing and Psychiatric Technicians
OPPOSITION: (Verified 8/31/15)
None received
ASSEMBLY FLOOR: 80-0, 6/1/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
Prepared by: Sarah Huchel / B., P. & E.D. / (916) 651-4104
8/31/15 15:11:32
**** END ****
AB 178 (Bonilla) Page 0 of 1
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 178 (Bonilla) - Board of Vocational Nursing and Psychiatric Technicians of the State of California: executive officer: enforcement program monitor
|
|
Version: June 24, 2015 |
Policy Vote: B., P. & E.D. 7 - 0 |
Urgency: Yes |
Mandate: Yes |
Hearing Date: August 27, 2015 |
Consultant: Brendan McCarthy |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 27, 2015
Bill Summary:
AB 178 would require the Director of Consumer Affairs to appoint an enforcement program monitor over the licensing enforcement program of the Board of Vocational Nursing and Psychiatric Technicians.
Fiscal Impact:
Annual costs of about $180,000 per year to support the Executive Officer position at the Board of Vocational Nursing and Psychiatric Technicians, including salary, benefits, and overhead costs (Vocational Nursing and Psychiatric Technicians Fund). Current law sunsets the statutory authority for the Executive Officer position on January 1, 2016. This bill extends the authority to employ this position until January 1, 2018.
Total costs of about $350,000 over three fiscal years to employ an enforcement program monitor over the enforcement program at the Board of Vocational Nursing and Psychiatric Technicians (Vocational Nursing and Psychiatric Technicians Fund).
Author Amendments:
Delete provisions of the bill relating to the registered dental assistant practical examination, delete provisions relating to the internal audit, and make technical corrections.
-- END --
AB 178 (Bonilla) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 178 (Bonilla) - Board of Vocational Nursing and Psychiatric Technicians of the State of California: executive officer: enforcement program monitor
|
|
Version: June 24, 2015 |
Policy Vote: B., P. & E.D. 7 - 0 |
Urgency: Yes |
Mandate: Yes |
Hearing Date: July 13, 2015 |
Consultant: Brendan McCarthy |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 178 would suspend the practical examination requirement for licensure as a registered dental assistant until July 1, 2017. The bill would require the Director of Consumer Affairs to appoint an enforcement program monitor over the licensing enforcement program of the Board of Vocational Nursing and Psychiatric Technicians.
Fiscal Impact:
One-time costs of $140,000 to change the information technology systems used by the Dental Board of California to accommodate the suspension of the practical examination (State Dentistry Fund). The cost to modify information technology systems includes changes to the system currently in use by the Dental Board and updates to the BreEZe system, which the Dental Board will begin using to process licensing applications and renewals in 2016.
No significant additional costs are anticipated to review the current practical examination in use by the Dental Board, as the Board has already begun this process.
Annual costs of about $180,000 per year to support the Executive Officer position at the Board of Vocational Nursing and Psychiatric Technicians, including salary, benefits, and overhead costs (Vocational Nursing and Psychiatric Technicians Fund). Current law sunsets the statutory authority for the Executive Officer position on January 1, 2016. This bill extends the authority to employ this position until January 1, 2018.
Total costs of about $350,000 over three fiscal years to employ an enforcement program monitor over the enforcement program at the Board of Vocational Nursing and Psychiatric Technicians (Vocational Nursing and Psychiatric Technicians Fund).
Background:
Under current law, applicants for licensure as a registered dental assistant must meet specified educational requirements and work experience as a dental assistant. In addition, applicants must pass both a written and practical examination administered by the Dental Board of California. In August of 2014, the Dental board recalibrated the practical examination. Subsequent to that change, the pass rate for applicants dropped from over 80% in recent years to between 19% and 38% over the last several exam cycles. The Dental Board is currently in the process of pursuing an occupational analysis to validate the practical exam (to ensure that the practical examination accurately tests the skills gained during practical work experience and are necessary for the practice of dental assistance.)
The Board of Vocational Nursing and Psychiatric Technicians underwent a sunset review by the Legislature in 2014. Through that process, serious issues were raised about the Board’s enforcement of its licensing requirements.
Proposed Law:
AB 178 would suspend the practical examination requirement for licensure as a registered dental assistant until July 1, 2017. The bill would require the Director of Consumer Affairs to appoint an enforcement program monitor over the licensing enforcement program of the Board of Vocational Nursing and Psychiatric Technicians.
Specific provisions of this bill would:
Suspend the practical examination requirement for registered dental assistant applicants until July 1, 2017;
Require the Dental Board of California to conduct a review of the necessity of requiring a practical examination as part of the licensing process for registered dental assistants;
Extend the sunset on the statutory authority for the Board of Vocational Nursing and Psychiatric Technicians to employ an Executive Officer to January 1, 2018;
Delete the requirement that the Executive Officer by a licensed vocational nurse, licensed professional nurse, or licensed psychiatric technician;
Require the Director of Consumer Affairs to appoint an enforcement program monitor over the Board of Vocational Nursing and Psychiatric Technicians no later than October 1, 2015;
Require the enforcement program monitor to be in place for no more than two years;
Require a report from the enforcement program monitor to the Legislature;
Sunset the authority for the enforcement program monitor on January 1, 2018;
Require the Board of Vocational Nursing and Psychiatric Technicians to review and report on the Board’s staffing resources.
This bill is an urgency measure.
Related Legislation:
AB 179 (Bonilla and Hill) would extend the operation of the Dental Board of California until January 1, 2020 and would extend the operation of the Board of Vocational Nursing and Psychiatric Technicians until January 1, 2018. That bill will be heard in this committee.
-- END --
AB 178 (Bonilla) Page 6 of 6
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: AB 178 Hearing Date: June 29, 2015
Author: |
Bonilla |
||
Version: |
June 24, 2015 |
||
Urgency: |
Yes |
Fiscal: |
Yes |
Consultant: |
Sarah Huchel |
||
Subject: Board of Vocational Nursing and Psychiatric Technicians of the State of California.
SUMMARY:
Suspends the practical exam requirement for licensure as a registered dental assistant (RDA) until July 1, 2017, during which time the Dental Board of California (DBC) must evaluate the exam; removes the requirement that the executive officer of the Board of Vocational Nursing and Psychiatric Technicians of the State of California (BVNPT) be a licensed vocational nurse, registered nurse, or psychiatric technician; and requires the appointment of an enforcement program monitor (EPM) to oversee the BVNPT’s disciplinary system.
Existing law:
Authorizes the DBC to license a person as a RDA who files an application and submits written evidence, satisfactory to the DBC, of one of the following eligibility requirements:
Graduation from an educational program in registered dental assisting approved by the board, and satisfactory performance on a written and practical examination administered by the DBC.
For individuals applying prior to January 1, 2010, evidence of completion of satisfactory work experience of at least 12 months as a dental assistant (DA) in California or another state and satisfactory performance on a written and practical examination administered by the DBC.
For individuals applying on or after January 1, 2010, evidence of completion of satisfactory work experience of at least 15 months as a DA in California or another state and satisfactory performance on a written and practical examination administered by the DBC. (Business and Professions Code (BPC) § 1721.1 (a))
Provides for the licensure and regulation of vocational nurses and psychiatric technicians by the BVNPT and extends the operation of the BVNPT until January 1, 2016. (BPC §§ 2840-2895.5)
Declares that protection of the public shall be the highest priority for the BVNPT in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (BPC § 2841.1)
Requires the BVNPT to appoint an executive officer and requires the executive officer to be a licensed vocational nurse, registered nurse, or psychiatric technician. (BPC § 2847)
This
bill:
Suspends the requirement of a practical exam for licensure as a RDA and related provisions of law until July 1, 2017.
Requires the DBC to, in consultation with the Office of Professional Examination Services, conduct a review to determine whether a practical examination is necessary to demonstrate competency of RDAs, and if so, how this examination should be developed and administered. The DBC shall submit its review and determination to the appropriate policy committees of the Legislature on or before July 1, 2017.
Removes the requirement that the executive officer of the BVNPT be a licensed vocational nurse, a licensed professional nurse, or a licensed psychiatric technician.
Extends the sunset date on provisions related to the BVNPT executive officer until January 1, 2018.
Requires the director of the Department of Consumer Affairs (DCA) to appoint an EPM no later than October 1, 2015, and authorizes the director to retain a person for this position by a personal services contract.
Requires the director to supervise the EPM and authorizes him or her terminate or dismiss the EPM from this position.
Requires the EPM to monitor and evaluate the BVNPT’s vocational nursing and psychiatric technician disciplinary system and procedures, with specific concentration on improving the overall efficiency and consistency of the enforcement program. The director shall specify further duties of the EPM.
Requires the monitoring duty to be on a continuing basis for a period of no more than two years from the date of the enforcement program monitor’s appointment and shall include, but not be limited to, all of the following areas:
Improving the quality and consistency of complaint processing and investigation.
Ensuring consistency in the application of sanctions or discipline imposed on licensees.
The accurate and consistent implementation of the laws and rules affecting discipline, including adhering to Consumer Protection Enforcement Initiative (CPEI) complaint priority guidelines as described in the memorandum dated August 31, 2009, by Brian J. Stinger titled “Complaint Prioritization Guidelines for Health Care Agencies.”
Staff concerns regarding disciplinary matters or procedures.
Appropriate utilization of licensed professionals to investigate complaints.
BVNPT’s cooperation with other governmental entities charged with enforcing related laws and regulations regarding vocational nurses and psychiatric technicians.
Prohibits the EPM from exercising authority over the BVNPT’s management or staff; however, the BVNPT and its staff shall cooperate with him or her, and shall provide data, information, and files as requested by the EPM to perform all of his or her duties.
Requires the director to assist the EPM in the performance of his or her duties, and the monitor shall have the same investigative authority as the director.
Requires the EPM to submit to the DCA, the BVNPT, and the Legislature an initial written report of his or her findings and conclusions no later than April 1, 2016, and subsequent written reports no later than October 1, 2016, and February 1, 2017, and be available to make oral reports to each if requested to do so.
Authorizes the monitor to provide additional information to either the DCA or the Legislature at his or her discretion or at the request of either the DCA or the Legislature.
Requires the monitor to make his or her reports available to the public or the media, and make every effort to provide the BVNPT with an opportunity to reply to any facts, finding, issues, or conclusions in his or her reports with which the BVNPT may disagree.
Requires the EPM to issue a final report before August 1, 2017, which shall include final findings and conclusions on the topics addressed in the initial report submitted by the monitor.
Requires the BVNPT to pay for all of the costs associated with the employment of the enforcement program monitor.
Sunsets provisions of law related to the EPM on October 1, 2017.
Requires DCA’s internal audit unit to review the BVNPT’s staffing resources needs and requirements, and requires the director to provide to the Legislature a copy of the review, no later than October 1, 2016. The director shall include with this report an overview of how the director intends to ensure that the BVNPT’s staff are sufficiently qualified for purposes of implementing the provisions existing law, and the estimated costs of meeting staffing and other requirements, as specified, based on findings of the review. The director shall include a brief evaluation of whether the current fee structure is appropriate to satisfy those staffing and other requirements. Sunsets this provision on January 1, 2018.
Declares this bill to be an urgency statute necessary in order for the BVNPT to meet urgent administrative needs.
FISCAL EFFECT:
This bill is keyed “fiscal” by the Legislative Counsel. According to the Assembly Appropriations Committee analysis dated May 4, 2015, this bill will have
costs of $350,000 to the Vocational Nursing and Psychiatric Technicians Fund over two years for an enforcement program monitor.
COMMENTS:
Purpose. This bill is sponsored by the Author. This is one of several bills resulting from the Sunset Review process. According to the Author’s office:
“DBC. After the DBC recalibrated the practical examination for RDAs last August [2014], there was an alarming decline in passage rates. In addition to placing undue hardship on examinees who are now unable to find work or have lost work due to failing the exam, and the impact on our healthcare workforce, the steep decline questions the validity of the examination and its ability to accurately measure a licensee's competency.
“BVNPT. Since the inception of the Sunset Review Oversight process, there have been occasions when the operations of a licensing entity are called into question and require additional scrutiny. This is typically in response to information that is presented to the Legislature that warrants further investigation. The Committee staff believes that this is the case with the BVNPT Board.”
RDA examination. Current law requires a candidate for licensure as a RDA to demonstrate satisfactory performance on a written and practical examination administered by the DBC.
The pass rates for the RDA Practical Exam averaged roughly 83% over the past four fiscal years. However, in 2014, pass rates dropped dramatically. Passage rates declined from an over 80% average to a 38% pass rate in August 2014, 19% in November 2014, to 33% in February 2015. The sharp declines occurred after the practical examinations were recalibrated, as discussed above. In addition, recent examination scores from the February 2015 examination indicate that these rates continue to be very low.
Currently, the DBC is pursuing an occupational analysis (OA) to validate the practical exam. The last OA was conducted in 2009. Licensure examinations with substantial validity evidence are essential in preventing unqualified individuals from obtaining a professional license. To that end, licensure examinations must be developed following an examination outline based on a current OA that is regularly evaluated and updated when tasks performed or prerequisite knowledge in a profession or on a job change, and to prevent overexposure of test questions.
According to the DCA's policy, an occupational analysis and examination outline should be updated at least every five years to be considered current. Such an OA is projected to be $60,000 and could take up to a year to complete. DBC staff notes that the cost would be absorbable by the Dental Assisting budget.
Based on the precipitous decline in examination scores, which questions the validity of the examination and the ability of the examination to truly measure competency, this bill would eliminate the practical examination until the DBC is able to conduct an OA, examine its validity, and determine whether an examination is necessary to demonstrate competency. Applicants for licensure would still need to meet all other existing requirements for licensure, including passing the written examination.
EPM for BVNPT. The BVNPT underwent a Sunset Review in 2014. The results of the review indicated that there were significant, and possibly criminal, issues with its enforcement program. The BVNPT was taking a very long time to process cases, there were discrepancies in enforcement statistics, and cases were not being handled appropriately. As a result, this bill will enlist the support of the DCA’s Internal Audit Office and the Department of Investigations (DOI) for immediate intervention, and will place an EPM within the BVNPT to observe its activities for two years and report to the DCA and Legislature on his or her findings.
Related Legislation. AB 179 (Bonilla and Hill) of 2015 extends the operation of the DBC until January 1, 2020 and increases statutory fee caps relating to dentists and dental assistants. Extends the operation of the BVNPT until January 1, 2018, and merges the Vocational Nursing fund and the Psychiatric Technician funds, as specified. (Status: This bill will be heard in the Senate Committee on Business, Professions, and Economic Development on July 6, 2015.)
SB 539 (Price), Chapter 338, Statutes of 2011, among other things, extended the operation of the BVNPT until January 1, 2016, specified that the BVNPT would be subject to review by the appropriate policy committees of the Legislature.
SB 540 (Price), Chapter 385, Statutes of 2011, among other
things, extended the operation of the DBC until January 1, 2016, and
instead specified that the board would be subject to review by the
appropriate policy committees of the Legislature. The bill changed
the membership of the board to include one additional public member,
to be appointed by the Governor. The bill also created a Dental
Assisting Council of the board, to be appointed by the board, to
consider matters relating to dental assistants and make
recommendations to the board and standing committees of the board, as
specified.
Arguments in Support. The California Dental Assisting Teachers Association, the California Dental Assistants Association, and the Foundation for Allied Dental Education states in support that, “Dental assisting is a promising healthcare career pathway, predominately for women, and often for those who need to provide for their families. Unfortunately, the practical examination now represents an artificial hurdle for graduates of educational programs and lacks credibility or professional relevance. It is now simply a barrier that prevents over 80% of candidates who have spent a year of their lives in educational programs, at great expense in tuition and costly examination fees, including application fees and repeated rental of practical examination kits, from achieving their professional goals and obtaining gainful employment – all due to an examination calibration and grading process that was never made public or clear to the candidates prior to its implementation.
“We support this temporary moratorium and its immediate implementation while the DBC and the State fully execute an Occupational Analysis, a feasibility study, and take proper measures to ensure that this simulated examination is truly a test of one’s competence to become licensed as a Registered Dental Assistant and serve the needs of the consumers of California.”
The DBC writes in support of this bill, stating, “Over the last year, the psychometric validity of the Board’s current RDA practical examination has been questioned as the failure rate of the examination has increased. The Board has begun working with the Office of Professional Examination Services on the occupational analysis and hopes to have findings available during early 2016.”
BVNPT writes, “Enactment of this important legislation will ensure that the BVNPT can continue its vital work of protecting the consumers of California from incompetent and/or unethical licensed vocational nurses and psychiatric technicians.”
Arguments in Opposition. Numerous individuals express concern that the lack of a practical exam will place patients in harm’s way for lack of competency. “Not having an unbiased third party to evaluate the testing candidate is not in the interest of public safety (you and myself included). To allow a candidate the right to become an RDA without a practical exam will prove to be harmful to the public and paying consumer.”
SUPPORT AND OPPOSITION:
Support:
Board of Vocational Nursing and Psychiatric Technicians
California Dental Assistants Association
California Dental Assisting Teachers Association
Dental Board of California
Foundation for Allied Dental Education
Pasadena City College
Opposition:
Numerous individuals
-- END --
AB 178
Page 2
ASSEMBLY THIRD READING
AB 178
(Bonilla)
As Amended May 4, 2015
2/3 vote. Urgency
Committee |
Votes |
Ayes |
Noes |
Business & Professions |
14-0 |
Bonilla, Jones, Baker, Bloom, Burke, Chang, Dodd, Eggman, Gatto, Holden, Mullin, Ting, Wilk, Wood |
|
Appropriations |
17-0 |
Gomez, Bigelow, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Gordon, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY: Removes the requirement that the executive officer of the Board of Vocational Nursing and Psychiatric Technicians (BVNPT) be a licensed vocational nurse, registered nurse, or psychiatric technician, requires the director of the Department of Consumer Affairs (DCA) to appoint an enforcement program monitor (monitor) no later than October 1, 2015, removes the requirement for registered dental assistants (RDAs) to pass a practical exam, and declares that it is to take effect immediately as an urgency statute. Specifically, this bill:
Removes the requirement that the executive officer be a licensed vocational nurse, registered nurse, or psychiatric technician.
Requires the director of the DCA to appoint the monitor no later than October 1, 2015.
Requires the monitor to monitor and evaluate the vocational nursing and psychiatric technician system and procedures for a period of no more than two years, as specified.
Requires the monitor to submit a report of his or her findings and conclusions to the Legislature, the DCA, and the BVNPT by April 1, 2016, subsequent reports by October 1, 2016, and February 1, 2017, and a final report by August 1, 2017.
Requires the BVNPT and its staff to cooperate with the monitor.
Requires the DCA's internal audit unit to review the BVNPT's staffing resources needs and requirements, and require the Director of the DCA to provide the Legislature with a copy of the review no later than October 1, 2016.
Repeals the BVNPT provisions on January 1, 2018.
Removes the requirement that an RDA pass a practical examination until July 1, 2017.
Requires the DBC, in consultation with the Office of Professional Examination Services, to determine on or before July 1, 2017, whether a practical examination is necessary to demonstrate the competency of registered dental assistants and to submit that determination to the appropriate policy committees of the Legislature by that date, as specified.
Makes related conforming changes.
States that no reimbursement is required by this act for a specified reason.
Declares that the bill take effect immediately as an urgency statute.
FISCAL EFFECT: According to the Assembly Appropriations Committee, costs of $350,000 to the Vocational Nursing and Psychiatric Technicians Fund over two years for an enforcement program monitor.
COMMENTS:
Purpose. This bill is one of five author-sponsored sunset bills. According to the author, "This bill is necessary to ensure that consumers continue to be protected through the ongoing licensure and regulation."
Background. In March of 2015, the Assembly Business and Professions Committee and the Senate Business, Professions and Economic Development Committee (Committees) conducted multiple joint oversight hearings to review 10 regulatory boards and other entities within the DCA. This and other sunset bills are intended to implement legislative changes recommended in the respective background reports drafted by the Committees for all of the agencies reviewed this year.
BVNPT Management. Since the inception of the Sunset Review Oversight process, there have been occasions when the operations of a licensing entity are called into question and require additional scrutiny. This is typically in response to information that is presented to the Legislature that warrants further investigation. The Assembly Business and Professions Committee staff believes that this is the case with the BVNPT Board. As a result, this bill will enlist the support of the DCA's Internal Audit Office and the Department of Insurance for immediate intervention. In addition, it will also place an enforcement monitor within the BVNPT to observe the activities for two years.
RDA Practical Examination. The pass rates for the RDA Practical Exam averaged roughly 83% over the past four fiscal years. However, in 2014, pass rates dropped dramatically. Passage rates declined from an over 80% average to a 38% pass rate in August 2014, 19% in November 2014, to 33% in February 2015. The sharp declines occurred after the practical examinations were recalibrated. In addition, recent examination scores from the February 2015 examination indicate that these rates continue to be very low. This bill would eliminate the practical examination until the Dental Board of California is able to conduct an occupational analysis and examine its validity and determine whether an examination is necessary to demonstrate competency. Applicants for licensure would still need to meet all other existing requirements for licensure, including passing the written examination.
Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301 FN: 0000680
AB 178
Page 2
Date of Hearing: May 20, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 178
(Bonilla) – As Amended May 4, 2015
Policy Committee: |
Business and Professions |
Vote: |
14 - 0 |
|
|
|
|
|
|
|
|
Urgency: Yes State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This urgency bill contains provisions related to the Dental Board of California (DBC) and the Board of Vocational Nursing and Psychiatric Technicians (BVNPT).
DBC Provisions:
Eliminates the practical examination for licensure as a registered dental assistant.
Requires the DBC to review the necessity of a practical examination.
Authorizes the board to administer and require a practical examination for licensure as a registered dental assistant upon making specified findings.
Modifies eligibility for registered dental assistant licensure.
BVNPT Provisions:
Removes the requirement that the executive officer of the BVNPT be a licensed vocational nurse, registered nurse, or psychiatric technician.
Requires the director of the Department of Consumer Affairs (DCA) to appoint an enforcement program monitor no later than October 1, 2015, and specifies related reporting requirements.
Requires the DCA’s internal audit unit to review the BVNPT’s staffing resources needs and requirements.
FISCAL EFFECT:
Costs of $350,000 (Vocational Nursing and Psychiatric Technicians Fund) over two years for an enforcement program monitor.
COMMENTS:
Purpose. This bill addresses urgent issues that emerged from the Business and Professions Committee's sunset review process of the affected boards.
Dental Provisions. After the DBC recalibrated the practical examination for registered dental assistants last August, there was an alarming decline in passage rates. In addition to the human costs of placing undue hardship on examinees who are now unable to find work, or have lost work due to failing the exam, and the impact on our healthcare workforce, the steep decline questions the validity of the examination and its ability to accurately measure a licensee's competency. This bill establishes a moratorium on the practical exam until it is evaluated, allowing licensure of professionals who meet all other requirements.
BVNPT Provisions. According to the Assembly Business and Professions Committee Sunset Review Report, the BVNPT has shown deficiencies and discrepancies in the areas of enforcement and management of funds. Due to these continuing problems, as well as potential issues concerning the management and operations of the Board, the report concludes, it appears that this Board requires additional oversight and direction. This bill requires the appointment of an enforcement monitor and closer oversight by DCA.
Related Legislation. AB 177, AB 178, AB 180, and AB 181, all authored by the Committee on Business and Professions, contain sunset review provisions for other boards and bureaus.
AB 179 and this bill are related; AB 179 also contains provisions related to DBC and BVNPT, including sunset extensions for both boards. Certain provisions from AB 179 were amended in to this bill to take effect immediately.
Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081
AB 178
Page 3
Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Susan Bonilla, Chair
AB 178
(Bonilla) – As Amended April 22, 2015
SUBJECT: Board of Vocational Nursing and Psychiatric Technicians of the State of California.
SUMMARY: Removes the requirement that the executive officer of the Board of Vocational Nursing and Psychiatric Technicians (BVNPT) be a licensed vocational nurse, registered nurse, or psychiatric technician, requires the director of the Department of Consumer Affairs (DCA) to appoint an enforcement program monitor (monitor) no later than October 1, 2015, and requires the DCA’s internal audit unit to review the BVNPT’s staffing resources needs and requirements
EXISTING LAW:
Provides for the licensure and regulation of vocational nurses and psychiatric technicians by the BVNPT and extends the operation of the BVNPT until January 1, 2016. (Business and Professions Code (BPC) § 2840-2895.5)
Requires the BVNPT, among other things, to appoint an executive officer and requires the executive officer to be a licensed vocational nurse, registered nurse, or psychiatric technician. (BPC § 2847)
THIS BILL:
Removes the requirement that the executive officer be a licensed vocational nurse, registered nurse, or psychiatric technician.
Requires the director of the DCA to appoint the monitor no later than October 1, 2015.
Requires the monitor to monitor and evaluate the vocational nursing and psychiatric technician system and procedures for a period of no more than 2 years, as specified.
Requires the monitor to submit a report of his or her findings and conclusions to the Legislature, the DCA, and the BVNPT by April 1, 2016, subsequent reports by October 1, 2016, and February 1, 2017, and a final report by August 1, 2017.
Requires the BVNPT and its staff to cooperate with the monitor.
Requires the DCA’s internal audit unit to review the BVNPT’s staffing resources needs and requirements, and require the Director of the DCA to provide the Legislature with a copy of the review no later than October 1, 2016.
Repeals the provisions on January 1, 2018.
States that no reimbursement is required by this act for a specified reason.
FISCAL EFFECT: Unknown. This bill is keyed fiscal the Legislative Counsel.
COMMENTS:
Purpose. This bill is one of five author-sponsored sunset bills. According to the author, "This bill is necessary to ensure that consumers continue to be protected through the ongoing licensure and regulation of the [BVNPT]."
Background. The BVNPT is responsible for administering the laws related to the education, practice and discipline of Licensed Vocational Nurses (LVNs) and Psychiatric Technicians (PTs). The LVN program was established in 1951 and the PT program was established in 1959. The PT Certification Program was placed under this Board's jurisdiction due to the unique mental health and nursing care functions performed by PTs.
The Board oversees two distinct licensure programs, each with separate statutes, regulations, budget authority, curriculum requirements, examinations, and staff. Specifically, the Board regulates the practice of approximately 129,515 LVNs and 13,469 PTs, the largest groups of LVNs and PTs in the nation. The Board also approves 182 VN Programs and 17 PT Programs in the State of California.
Joint Oversight Hearings and Sunset Review of DCA Licensing Boards. In March of 2015, the Assembly Business and Professions Committee and the Senate Business, Professions and Economic Development Committee (Committees) conducted multiple joint oversight hearings to review 10 regulatory boards and other entities within the DCA. This and other sunset bills are intended to implement legislative changes recommended in the respective background reports drafted by the Committees for all of the agencies reviewed this year.
The Sunset Review Process. The Sunset Review Oversight process provides a formal mechanism for the DCA; the Legislature; the regulatory boards, bureaus and committees; interested parties; and stakeholders to make recommendations for improvements to the authority of consumer protection boards and bureaus. This is performed on a standard four-year cycle and was mandated by SB 2036 (McCorquodale), Chapter 908, Statutes of 1994. Each eligible agency is required to submit to the Committees a report covering the entire period since last reviewed that includes, among other things, the purpose and necessity of the agency and any recommendations of the agency for changes or reorganization in order to better fulfill its purpose. During the Sunset Review Oversight hearings, the Committees take public testimony and evaluate the eligible agency prior to the date the agency is scheduled to be repealed. An eligible agency is allowed to sunset unless the Legislature enacts a law to extend, consolidate, or reorganize the eligible agency. The legislation pertaining to this bill was based on specific issues raised and addressed in the background report prepared by the Assembly Business and Professions Committee.
Continued Management of the BVNPT. Since the inception of the Sunset Review Oversight process, there have been occasions when the operations of a licensing entity are called into question and require additional scrutiny. This is typically in response to information that is presented to the Legislature that warrants further investigation. The Committee staff believes that this is the case with the BVNPT Board. As a result, this bill will enlist the support of the DCA’s Internal Audit Office and the DOI for immediate intervention. In addition, it will also place an enforcement monitor within the BVNPT to observe the activities for two years.
Prior Related Legislation. SB 539 (Price), Chapter 338, Statutes of 2011, among other things, extended the operation of the BVNPT until January 1, 2016, specified that the BVNPT would be subject to review by the appropriate policy committees of the Legislature.
AMENDMENTS:
In order for the provisions of this bill to go into effect immediately, an urgency clause is needed. As such, the author should add the following:
Add language to declare the bill an urgency measure that should take effect immediately.
Dental Board of California amendments:
BPC Section 1752.1: Add subdivision (i): (i) This section shall become operative on July 1, 2017.
BPC Section 1752.1:
In paragraph (1) of subdivision (a), delete: and practical
In paragraph (2) of subdivision (a), delete: and practical
Add subdivision (i): (i) The board shall, in consultation with the Office of Professional Examination Services, conduct a review to determine whether a practical examination is necessary to demonstrate competency of registered dental assistants, and if so, how this examination should be developed and administered. The board shall submit its review and determination to the appropriate policy committees of the Legislature by July 1, 2017.
Add subdivision (j): (j) This section shall become inoperative on July 1, 2017, and as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
BPC Section 1752.3: Add subdivision (c): (c) This section shall become operative on July 1, 2017.
BPC Section 1752.3: delete this section.
Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301
Discussed in Hearing
46SEC
Assembly Floor
2MIN
Senate Floor
1MIN
Senate Standing Committee on Appropriations
14MIN
Senate Standing Committee on Business, Professions and Economic Development
47SEC
Assembly Floor
1MIN
Assembly Standing Committee on Business and Professions
Bill Author
Bill Co-Author(s):
