Existing law, the Dental Practice Act, provides for the licensure and regulation of registered dental assistants by the Dental Board of California. The act authorizes the board to license a person as a registered dental assistant if he or she meets certain requirements, including a written and practical examination. Existing law requires the Dental Board of California, in consultation with the Office of Professional Examination Services, to conduct a review to determine on or before July 1, 2017, whether a practical examination is necessary to demonstrate the competency of registered dental assistants. Existing law authorizes the board to vote to suspend the practical examination if the review concludes that the practical examination is unnecessary or does not accurately measure the competency of registered dental assistants. Under existing law, the suspension of the practical examination commences on the date the board votes to suspend the practical examination and continues until July 1, 2017. If the board votes to suspend the practical examination, the board is required to post a notice on its Internet Web site.

This bill would instead extend that suspension date until January 1, 2020, or until the board determines an alternative way to measure competency, whichever occurs first. The bill would also require the board to post an updated suspension date notice.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, the Dental Practice Act, provides for the licensure and regulation of registered dental assistants by the Dental Board of California. The act authorizes the board to license a person as a registered dental assistant if he or she meets certain requirements, including a written and practical examination. Existing law requires the Dental Board of California, in consultation with the Office of Professional Examination Services, to conduct a review to determine on or before July 1, 2017, whether a practical examination is necessary to demonstrate the competency of registered dental assistants. Existing law authorizes the board to vote to suspend the practical examination if the review concludes that the practical examination is unnecessary or does not accurately measure the competency of registered dental assistants. Under existing law, the suspension of the practical examination commences on the date the board votes to suspend the practical examination and continues until July 1, 2017. If the board votes to suspend the practical examination, the board is required to post a notice on its Internet Web site.

This bill would instead extend that suspension date until January 1, 2020, or until the board determines an alternative way to measure competency, whichever occurs first. The bill would also require the board to post an updated suspension date notice.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, the Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act, provides for the licensure and regulation of speech-language pathologists, audiologists, and hearing aid dispensers by the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. The act authorizes the board to appoint an executive officer. Existing law repeals these provisions on January 1, 2018, and subjects the board to review by the appropriate policy committees of the Legislature.

This bill would extend, until January 1, 2022, the operation of the provisions establishing the board and authorizing it to appoint an executive officer.

(Without Reference to File)

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1707

Author:(Low)

As Amended Ver:June 22, 2017

2/3 vote. Urgency

Original Committee Reference: B. & P.

SUMMARY: Delays the date by which the Dental Board of California (DBC) must determine an alternative way, other than the current exam, to measure registered dental assistant (RDA) competency. Specifically, this bill:

1. Allows the DBC to suspend the RDA practical exam until January 1, 2020, instead of July 1, 2017, or the DBC determines an alternative way to measure competency or whichever occurs first.
2. Requires the DBC, if it votes to suspend the practical exam, to post the information on its Web site.
3. Contains an urgency clause, and states that it is necessary because current law reinstates the RDA practical examination requirement on July 1, 2017, but the DBC determined that the examination does not accurately measure the competency of RDAs. Because the DBC can no longer administer the RDA practical examination in its current form, it is necessary that this bill take effect immediately so the DBC can identify reasonable alternatives to measure competency.

The Senate amendments deleted the contents that passed out of the Assembly and inserted the current language.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS:

Purpose. This bill is sponsored by the Dental Board of California.

Background. During the DBC's 2015 Sunset Review, the DBC noted that, while pass rates for the RDA practical exam previously averaged roughly 83%, they dropped in 2014 to between 19% and 38%. As a result, the DBC initiated an occupational analysis with the Department of Consumer Affairs' Office of Professional Examination Services (OPES) to determine the best way to measure competency of RDAs. However, because existing law requires the examination as a condition for licensure, AB 179 (Bonilla), Chapter 510, Statutes of 2015, authorized the DBC to suspend the practical examination pending the results of the study.

The OPES issued a Memorandum to the DBC in May of 2016 with its preliminary findings. The OPES determined that the evaluation of candidate competency to perform specific clinical skills is a necessary component of RDA licensure. However, the review determined other methods the DBC could employ to ensure that the skills are assessed. The DBC could do either of the following:

1. Continue use of a DBC administered practical examination. This option requires the DBC's practical examination to be updated to include the 2016 RDA Occupational Analysis results.
2. Require candidates to meet initial educational and training requirements through schools and/or on the job training, as currently allowed in statute. Once education and training requirements have been met, the candidate gains practical clinical experience under a supervising dentist. Following satisfactory acquisition of clinical skills as determined by the supervising dentist, candidates will submit an application for licensure with certification from their supervising dentist indicating the candidate can demonstrate the required RDA clinical skills.

The May 2016 Memorandum did not include results of OPES' evaluation of the current practical exam, however. At its May 2016 meeting, the DBC voted not to suspend the practical examination and await results.

In its report dated April 6, 2017, OPES determined that the practical examination did not accurately measure the competency of RDAs and recommended that the DBC immediately suspended the administration of the examination, which it did that day. OPES opined that correcting compliancy with technical and professional standards will require a great deal of time and resources from the DBC and industry, and recommended that the DBC initiate a process to evaluate options other than the examination to ensure the competency of a RDA. The DBC anticipates discussing these options at its August 2017 meeting.

The DBC presented a redacted version of the OPES report to the Legislature on June 29, 2017. It is unclear why the DBC delayed making statutory changes until immediately before the exam will reinstate. The DBC was aware of the deadlines. Regardless, the extension under this bill is needed to ensure RDA applicants are not required to unnecessarily take the practical examination.

Analysis Prepared by: Vince Chee / B. & P. / (916) 319-3301 FN: 0001250

 THIRD READING  

Bill No: AB 1707

Author:

:

Vote:

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 7/10/17

AYES: Hill, Fuller, Dodd, Galgiani, Glazer, Hernandez, Newman, Pan, Wilk

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 76-0, 5/30/17 - See last page for vote

SUBJECT:

SOURCE: Dental Board of California

DIGEST:

This bill delays the date by which the Dental Board of California must determine an alternative way, other than the current exam, to measure registered dental assistant competency.

ANALYSIS:

Existing law:

1. Establishes the Dental Board of California (DBC) to administer the Dental Practice Act (Act). (Business and Professions Code (BPC) § 1601.1)
2. Authorizes a registered dental assistant (RDA) to perform the following duties, among others: (BPC § 1752.4)
   1. All duties that a dental assistant is allowed to perform.
   2. Mouth-mirror inspections of the oral cavity, to include charting of obvious lesions, existing restorations, and missing teeth.
   3. Apply and activate bleaching agents using a nonlaser light-curing device.
   4. Use of automated caries detection devices and materials to gather information for diagnosis by the dentist.
   5. Chemically prepare teeth for bonding.
   6. Place, adjust, and finish direct provisional restorations.
   7. Fabricate, adjust, cement, and remove indirect provisional restorations, including stainless steel crowns when used as a provisional restoration.
   8. Place post-extraction dressings after inspection of the surgical site by the supervising licensed dentist.
   9. Adjust dentures extra-orally.
   10. Remove excess cement from surfaces of teeth with a hand instrument.
   11. Polish coronal surfaces of the teeth.
   12. Remove orthodontic bands.
3. Establishes the following requirements for RDA licensure: (BPC § 1752.1)
   1. Graduation from an RDA educational program approved by the DBC and satisfactory performance on a written and practical examination administered by the DBC.
   2. 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 DBC.
   3. Evidence of having successfully completed DBC-approved courses in radiation safety and coronal polishing.
   4. Written evidence of successful completion within five years prior to application of all of the following:
      1. A DBC-approved course in the Act.
      2. A DBC-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 DBC as equivalent.
   5. Completion of continuing education requirements established by the DBC.
4. Requires the DBC, in consultation with the Office of Professional Examination Services (OPES), to 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. (BPC § 1752.1(i))
5. States that if the review by OPES concludes that the practical examination is unnecessary or does not accurately measure the competency of RDAs, the DBC may vote to suspend the practical examination. The suspension of the practical examination shall commence on the date the DBC votes to suspend the practical examination and shall remain suspended until July 1, 2017, at which date the practical examination shall be reinstated. If the DBC votes to suspend the practical examination, the DBC shall post a notice on its Internet Web site stating that the practical examination has been suspended, until July 1, 2017. (BPC § 1752.1(j))

This bill:

1. Allows the DBC to suspend the RDA practical exam until the DBC determines an alternative way to measure competency or January 1, 2020, whichever occurs first.
2. Requires the DBC, if it votes to suspend the practical exam, to post this information on its Internet Web site.
3. States its status as an urgency statute, declaring itself necessary for the immediate preservation of the public peace, health, or safety because current law reinstates the RDA practical examination requirement on July 1, 2017, and the DBC deemed the examination to not accurately measure the competency of RDA and can no longer administer the registered dental assistant practical examination in its current form. Therefore, it is necessary that this bill take effect immediately in order for the DBC to have adequate time to identify reasonable alternatives to measure competency and not unnecessarily create a barrier to registered dental assistant licensure in California.

Background

The DBC underwent a Sunset Review in 2015, during which time it was revealed that, while pass rates for the RDA practical exam previously averaged roughly 83 percent, they dropped dramatically in 2014 to between 19 percent and 38 percent. As a result, DBC initiated an occupational analysis with OPES to determine the best way to measure competency of RDAs, and AB 179 (Bonilla, Chapter 510, Statutes of 2015) authorized the DBC to suspend the practical examination pending the results of the study.

OPES issued a Memorandum to the DBC in May of 2016 with its preliminary findings. OPES determined that the evaluation of candidate competency to perform specific clinical skills is a necessary component of RDA licensure; however, the review concluded that there are multiple methods the Board could employ to ensure that these skills are assessed as part of the licensure process. The DBC could either:

• Continue use of a DBC administered practical examination. This option requires the Board's practical examination to be updated to include the 2016 RDA Occupational Analysis results.
• Candidates meet initial educational and training requirements through schools and/or on the job training, as currently allowed in statute. Once education and training requirements have been met, the candidate gains practical clinical experience under a supervising dentist. Following satisfactory acquisition of clinical skills as determined by the supervising dentist, candidates will submit an application for licensure with certification from their supervising dentist indicating the candidate can demonstrate the required RDA clinical skills.

The May 2016 Memorandum did not include results of OPES’ evaluation of the current practical exam, however. At its May 2016 meeting, the Board voted not to suspend the practical examination and await results.

In its report dated April 6, 2017, OPES determined that the practical examination did not accurately measure the competency of RDAs, and recommended that the DBC immediately suspended the administration of the examination, which it did, the same day. OPES opined that correcting compliancy with technical and professional standards will require a great deal of time and resources from the DBC and industry, and recommended that the DBC initiate a process to evaluate options other than the examination to ensure the competency of a RDA. DBC anticipates discussing these options at its August 2017 meeting.

The DBC presented a redacted version of the OPES report to the Legislature on June 29, 2017.

It is unclear why the DBC delayed making statutory changes until immediately before the exam was to reinstate; the DBC was well aware of existing deadlines. AB 179 was passed in 2015, and in May 2016 the DBC knew it was likely that OPES would determine the current exam was insufficient because OPES stated that any continued use of the DBC practical exam should be updated to include the 2016 RDA Occupational Analysis results. This could not be completed by July 1, 2017. DBC should have requested this extension last year.

Further, although the final report was issued on April 6, 2017, it was not delivered to the Legislature until June 29, 2017. Current law requires the DBC to report to the Legislature by July 1, 2017, not only whether a practical examination is necessary, but also DBC’s determination how it should be developed and administered. The DBC has not yet completed the latter.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 7/19/17)

Dental Board of California (source)

California Dental Association

OPPOSITION: (Verified 7/19/17)

None received

ARGUMENTS IN SUPPORT: The California Dental Association writes, “Assembly Bill 1707 allows for a thoughtful process for the dental board and OPES to identify a replacement mechanism to measure competency of applicants seeking RDA licensure and avoids an unnecessary delay in licensing new RDAs into the workforce.”

ASSEMBLY FLOOR: 76-0, 5/30/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Chau, Choi, Eggman, Gloria

Prepared by:

7/19/17 16:26:54

**** END ****

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Jerry Hill, Chair

2017 - 2018 Regular

Bill No: Hearing Date: July 10, 2017

Subject:

SUMMARY:

Delays the date by which the Dental Board of California must determine an alternative way, other than the current exam, to measure registered dental assistant competency.

Existing law:

1. Establishes the Dental Board of California (DBC) to administer the Dental Practice Act (Act). (Business and Professions Code (BPC) § 1601.1)
2. Authorizes a registered dental assistant (RDA) to perform the following duties, among others: (BPC § 1752.4)
   1. All duties that a dental assistant is allowed to perform.
   2. Mouth-mirror inspections of the oral cavity, to include charting of obvious lesions, existing restorations, and missing teeth.
   3. Apply and activate bleaching agents using a nonlaser light-curing device.
   4. Use of automated caries detection devices and materials to gather information for diagnosis by the dentist.
   5. Chemically prepare teeth for bonding.
   6. Place, adjust, and finish direct provisional restorations.
   7. Fabricate, adjust, cement, and remove indirect provisional restorations, including stainless steel crowns when used as a provisional restoration.
   8. Place post-extraction dressings after inspection of the surgical site by the supervising licensed dentist.
   9. Adjust dentures extra-orally.
   10. Remove excess cement from surfaces of teeth with a hand instrument.
   11. Polish coronal surfaces of the teeth.
   12. Remove orthodontic bands.
3. Establishes the following requirements for RDA licensure: (BPC § 1752.1)
   1. Graduation from a RDA educational program approved by the DBC and satisfactory performance on a written and practical examination administered by the DBC.
   2. 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 DBC.
   3. Evidence of having successfully completed DBC-approved courses in radiation safety and coronal polishing.
   4. Written evidence of successful completion within five years prior to application of all of the following:
      1. A DBC-approved course in the Act.
      2. A DBC-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 DBC as equivalent.
   5. Completion of continuing education requirements established by the DBC.
4. Requires the DBC, in consultation with the Office of Professional Examination Services (OPES), to 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. (BPC § 1752.1(i))
5. States that if the review by OPES concludes that the practical examination is unnecessary or does not accurately measure the competency of RDAs, the DBC may vote to suspend the practical examination. The suspension of the practical examination shall commence on the date the DBC votes to suspend the practical examination and shall remain suspended until July 1, 2017, at which date the practical examination shall be reinstated. If the DBC votes to suspend the practical examination, the DBC shall post a notice on its Internet Web site stating that the practical examination has been suspended, until July 1, 2017. (BPC § 1752.1(j))

This bill:

1. Allows the DBC to suspend the RDA practical exam until the DBC determines an alternative way to measure competency or January 1, 2020, whichever occurs first.
2. Requires the DBC, if it votes to suspend the practical exam, to post this information on its Internet Web site.
3. States its status as an urgency statute, declaring itself necessary for the immediate preservation of the public peace, health, or safety because current law reinstates the RDA practical examination requirement on July 1, 2017, and the DBC deemed the examination to not accurately measure the competency of RDA and can no longer administer the registered dental assistant practical examination in its current form. Therefore, it is necessary that this bill take effect immediately in order for the DBC to have adequate time to identify reasonable alternatives to measure competency and not unnecessarily create a barrier to registered dental assistant licensure in California.

FISCAL EFFECT:

This bill is keyed fiscal by Legislative Counsel, but contained different content when it was heard by the Assembly Appropriations Committee on March 2, 2017.

COMMENTS:

1. Purpose. This bill is sponsored by the Dental Board of California. According to the Author’s office, “Between April 6, 2017 and July 1, 2017, and in accordance with a February 1, 2016 Legislative Counsel opinion, the DBC has been able to issue licenses to RDAs who have completed all licensure requirements, absent the practical examination. The Department of Consumer Affairs Legal Unit has determined that unless the date of the suspension can be extended to January 1, 2010, after July 1, 2017 the DBC does not have the authority to issues RDA licensure without a practical examination; in essence, creating a barrier to licensure for registered dental assistants.”
2. Background. The DBC underwent a Sunset Review in 2015, during which it was revealed that while pass rates for the RDA practical exam previously averaged roughly 83 percent, they dropped dramatically in 2014 to between 19 percent and 38 percent. As a result, DBC initiated an occupational analysis with OPES to determine the best way to measure competency of RDAs, and AB 179 (Bonilla, Chapter 510, Statutes of 2015) authorized the DBC to suspend the practical examination pending the results of the study.

OPES issued a Memorandum to the DBC in May of 2016 with its preliminary findings. OPES determined that the evaluation of candidate competency to perform specific clinical skills is a necessary component of RDA licensure; however, the review concluded that there are multiple methods the Board could employ to ensure that these skills are assessed as part of the licensure process. The DBC could either:

• Continue use of a DBC administered practical examination. This option requires the Board's practical examination to be updated to include the 2016 RDA OA results.
• Candidates meet initial educational and training requirements through schools and/or on the job training, as currently allowed in statute. Once education and training requirements have been met, the candidate gains practical clinical experience under a supervising dentist. Following satisfactory acquisition of clinical skills as determined by the supervising dentist, candidates will submit an application for licensure with certification from their supervising dentist indicating the candidate can demonstrate the required RDA clinical skills.

The May 2016 Memorandum did not include results of OPES’ evaluation of the current practical exam, however. At its May 2016 meeting, the Board voted not to suspend the practical examination and await results.

In its report dated April 6, 2017, OPES determined that the practical examination did not accurately measure the competency of RDAs, and recommended that the DBC immediately suspended the administration of the examination, which it did, the same day. OPES opined that correcting compliancy with technical and professional standards will require a great deal of time and resources from the DBC and industry, and recommended that the DBC initiate a process to evaluate options other than the examination to ensure the competency of a RDA. DBC anticipates discussing these options at its August 2017 meeting.

The DBC presented a redacted version of the OPES report to the Legislature on June 29, 2017.

1. Prior legislation. AB 179 (Bonilla, Chapter 510, Statutes of 2015) authorized the DBC to suspend the dental assistant practical examination, among other items related to healing arts boards.
2. Arguments in support. The California Dental Association writes, “Assembly Bill 1707 allows for a thoughtful process for the dental board and OPES to identify a replacement mechanism to measure competency of applicants seeking RDA licensure and avoids an unnecessary delay in licensing new RDAs into the workforce.”
3. Policy considerations. It is unclear why the DBC delayed making statutory changes until immediately before the exam was to reinstate; the DBC was well aware of existing deadlines. AB 179 was passed in 2015, and in May 2016 the DBC knew it was likely that OPES would determine the current exam was insufficient because OPES stated that any continued use of the DBC practical exam should be updated to include the 2016 RDA Occupational Analysis results. This could not be completed by July 1, 2017. DBC should have requested this extension last year.

Further, although the final report was issued on April 6, 2017, it was not delivered to the Legislature until June 29, 2017. Current law requires the DBC to report to the Legislature by July 1, 2017 not only whether a practical examination is necessary, but also DBC’s determination how it should be developed and administered. The DBC has not yet completed the latter.

SUPPORT AND OPPOSITION:

Support:

California Dental Association (Sponsor)

Opposition:

None on file as of July 5, 2017.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1707

Author:(Committee on Business and Professions)

As Introduced Ver:March 2, 2017

Majority vote

SUMMARY: Extends the sunset date of the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board (SLPAHAD) and its authority to appoint and Executive Officer (EO) by four years, until January 1, 2022.

FISCAL EFFECT: According to the Assembly Appropriations Committee, cost of approximately $2 million per year, for four additional years, to continue the operation of the Board beyond the current January 1, 2018, sunset (Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund).

COMMENTS:

Purpose. Unless legislation is carried this year to extend the sunset date for the Board, it will be repealed on January 1, 2018. The legislative changes reflected in this bill are solutions to issues raised about the Board in the Assembly Committee on Business and Professions' staff Background Paper and during its sunset review hearing on March 6, 2017.

Background. SLPAHDB. AB 1535 (Jones), Chapter 309, Statutes of 2009, created the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board (SLPAHAD) by combining the regulatory programs of the SLPAB and the Bureau. The Board exists to protect the public by licensing and regulating speech-language pathologists, audiologists, and hearing aid dispensers who provide speech and hearing services to Californians. The Board sets licensing standards, examination requirements, enforces standards of conduct, investigates complaints against licensed and unlicensed practitioners, and takes disciplinary action when appropriate. The Board licenses and regulates more than 23,000 licensees including 14,860 speech-language pathologists, 556 audiologists, 1,045 dispensing audiologists, and 996 hearing aid dispensers, among a total of 11 separate professions. Each profession has its own scope of practice, entry-level requirements, and professional settings, with some overlap in treated pathologies and rehabilitation. The SLPAHAD was last reviewed in 2013 and at that time received a four year sunset extension.

The Board is comprised of nine members; six professional and three public members. The professional members consist of two speech-language pathologists, two hearing aid dispensers, and two audiologists, one of which must be a dispensing audiologist. In addition to the professional members, one public member must be a licensed, Board certified physician and surgeon in otolaryngology. All of these members (except two) are appointed by the Governor. The remaining public members are appointed individually by the Senate Rules Committee and Speaker of the Assembly.

Joint Oversight Hearings and Sunset Review of Department of Consumer Affairs (DCA) Licensing Boards. In February and March of 2017, the Assembly Business and Professions Committee and the Senate Business, Professions and Economic Development Committee (Committees) conducted multiple joint oversight hearings to review 12 regulatory boards within the DCA and one regulatory entity outside of the DCA. The sunset bills are intended to implement legislative changes recommended in the respective background reports drafted by the Committees for the agencies reviewed this year. During the sunset review 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 Sunset Review Process. The sunset review 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 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. This bill simply extends the Board and its authority to appoint an EO by four years, until January 1, 2022.

Analysis Prepared by: Elissa Silva / B. & P. / 916-319-3301 FN: 0000622

Date of Hearing: May 3, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1707

Author:(Committee on Business and Professions) – As Introduced Ver:March 2, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill extends the sunset date of the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board (Board) and its authority to appoint and Executive Officer by four years, until January 1, 2022.

FISCAL EFFECT:

Cost of approximately $2 million per year, for four additional years, to continue the operation of the Board beyond the current January 1, 2018, sunset (Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund).

COMMENTS:

1. Purpose. This bill extends the sunset for the Board for four years. In early 2017, the Senate Business, Professions, and Economic Development Committee and the Assembly Business and Professions Committee conducted joint oversight hearings to review 12 regulatory entities. Sunset review bills such as this one are intended to implement any changes identified as a result of the hearings and extend regulatory authority for entities reviewed at the hearings.
2. Background. The Board exists to protect the public by licensing and regulating speech-language pathologists, audiologists, and hearing aid dispensers who provide speech and hearing services to Californians. The Board licenses and regulates more than 23,000 licensees, the majority of which are speech-language pathologists. The Board was last reviewed in 2013, and at that time received a four-year sunset extension. No major issues have been raised with Board operations.
3. Related Legislation.

SB 198 (Galgiani) expands the scope of hearing aid dispensers to include cerumen management and tympanometry, as specified. SB 198 is pending in the Senate Committee on Business, Professions and Economic Development.

SB 247 (Moorlach), which failed passage in the same committee, repeals the licensure requirements for hearing aid dispensers, among other provisions.

Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081

Date of Hearing:

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Evan Low, Chair

ABPCA Bill Id:AB 1707

Author:(Committee on Business and Professions) – As Introduced Ver:March 2, 2017

SUBJECT: Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.

SUMMARY: Extends the sunset date of the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board (SLPAHAD) and its authority to appoint and Executive Officer (EO) by four years, until January 1, 2022.

EXISTING LAW:

1. Establishes the SLPAHAD under the jurisdiction of the Department of Consumer Affairs (DCA) to license and regulate speech-language pathologists, speech language pathology assistants, speech-language pathology aides, audiologists, dispensing audiologists, and hearing aid dispensers. (Business and Professions Code (BPC Section 2530 et seq.)
2. Sunsets the SLPAHAD and its authority to appoint an Executive Officer on January 1, 2018. (BPC Sections 2531, 2531.75)
3. States that protection of the public is the SLPAHAD’s highest priority when 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 Section 2531.02)
4. Establishes a hearing Aid Dispensing Committee (Committee) within the jurisdiction of the board to review and research the practice of fitting or selling hearing aids and advises the SLPAHAD about the practice based on that review and research; and, specifies that the Committee is to be comprised of two licensed audiologists, two licensed hearing aid dispensers, one public member of the board who is a licensed physician and surgeon and who is board certified in otolaryngology. (BPC Section 2301.5)

THIS BILL:

1. Extends the sunset date of the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board (SLPAHAD) and its authority to appoint an EO by four years, until January 1, 2022.

FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.

COMMENTS:

Purpose. Unless legislation is carried this year to extend the sunset date for the Board, it will be repealed on January 1, 2018. The legislative changes reflected in this bill are solutions to issues raised about the Board in the Assembly Committee on Business and Professions' staff Background Paper and during its sunset review hearing on March 6, 2017.

Background. SLPAHDB. AB 1535 (Jones), Chapter 309, Statutes of 2009, created the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board (SLPAHAD) by combining the regulatory programs of the SLPAB and the Bureau. The Board exists to protect the public by licensing and regulating speech-language pathologists, audiologists, and hearing aid dispensers who provide speech and hearing services to Californians. The Board sets licensing standards, examination requirements, enforces standards of conduct, investigates complaints against licensed and unlicensed practitioners, and takes disciplinary action when appropriate. The Board licenses and regulates more than 23,000 licensees including 14,860 speech-language pathologists, 556 audiologists, 1,045 dispensing audiologists, and 996 hearing aid dispensers, among a total of 11 separate professions. Each profession has its own scope of practice, entry-level requirements, and professional settings, with some overlap in treated pathologies and rehabilitation. The SLPAHAD was last reviewed in 2013 and at that time received a four year sunset extension.

The Board is comprised of 9 members; 6 professional and 3 public members. The professional members consist of two speech-language pathologists, two hearing aid dispensers, and two audiologists, one of which must be a dispensing audiologist. In addition to the professional members, one public member must be a licensed, Board certified physician and surgeon in otolaryngology. All of these members (except two) are appointed by the Governor. The remaining public members are appointed individually by the Senate Rules Committee and Speaker of the Assembly.

Joint Oversight Hearings and Sunset Review of Department of Consumer Affairs (DCA) Licensing Boards. In February and March of 2017, the Assembly Business and Professions Committee and the Senate Business, Professions and Economic Development Committee (Committees) conducted multiple joint oversight hearings to review 12 regulatory boards within the DCA and one regulatory entity outside of the DCA. The sunset bills are intended to implement legislative changes recommended in the respective background reports drafted by the Committees for the agencies reviewed this year. During the sunset review 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 Sunset Review Process. The sunset review 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 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. This bill simply extends the Board by four years, until January 1, 2022, and makes other technical and non-controversial changes to provisions of the act.

Current Related Legislation. SB 198 (Galgiani) of the current legislative session includes cerumen management and tympanometry for patients 18 years of age and older in the practice of fitting or selling hearing aids; makes a licensed hearing aid dispenser who has passed his or her licensing examinations eligible to sit for a board-approved examination assessing techniques and patient safety measures in cerumen management or tympanometry; requires the SLPAHAD to apply board-approved courses in cerumen management and tympanometry to the continuing education requirement; and requires the administration of cerumen management by a licensed hearing aid dispenser to occur under physician and surgeon supervision, as specified. STATUS: This bill is pending in the Senate Committee on Business, Professions and Economic Development.

SB 247 (Moorlach) of the current legislative session would repeal the licensure requirements for hearing aid dispensers, among other provisions. STATUS: This bill is pending in the Senate Business, Professions and Economic Development Committee.

Prior Related Legislation. SB 305 (Lieu), Chapter 516,Statutes of 2013, extended until January 1, 2018, the sunset dates for the provisions establishing the Naturopathic Medicine Committee, the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board, The Board of Occupational Therapy, the Physical Therapy Board of California, the Board, and the Respiratory Care Board of California, extended the term of specified executive officers; provided that certain acts of sexual abuse or misconduct may result in denial or revocation of licensure, or may be deemed unprofessional conduct by the Board; and specified that any board, committee or bureau regulated by DCA is authorized to receive specified criminal records needed to complete an application for licensure, as specified.

SB 933 (Runner) Chapter 449, Statutes of 2011, repealed the Hearing Aid Dispensers Licensing Law, and recasts these provisions into the Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act.

AB 1535 (Jones) Chapter 309, Statutes of 2009 merged the Speech-Language Pathology and Audiology Board and the Hearing Aid Dispensers Board to create the current SLPAHAD effective January 1, 2010; restructured the board membership; and created a Hearing Aid Dispensers Committee under the jurisdiction of the SLPAHAD.

ARGUMENTS IN SUPPORT:

None on file.

ARGUMENTS IN OPPOSITION:

None on file.

REGISTERED SUPPORT:

None on file.

REGISTERED OPPOSITION:

None on file.

Analysis Prepared by: Elissa Silva / B. & P. / 916-319-3301