BILL ANALYSIS
SENATE RULES COMMITTEE SB 2239
Office of Senate Floor Analyses
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UNFINISHED BUSINESS
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Bill No: SB 2239
Author: Senate Business and Professions Committee
Amended: 8/24/98
Vote: 21
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SENATE BUSINESS & PROFESSIONS COMMITTEE : 5-0, 4/27/98
AYES: Ayala, Greene, Kelley, Rosenthal, Polanco
NOT VOTING: Johannessen, O'Connell
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 27-6, 5/27/98
AYES: Alpert, Ayala, Calderon, Costa, Greene, Hayden,
Hughes, Johannessen, Johnston, Karnette, Kelley, Kopp,
Lockyer, Maddy, McPherson, Monteith, O'Connell, Polanco,
Rainey, Rosenthal, Schiff, Sher, Solis, Thompson,
Vasconcellos, Watson, Wright
NOES: Brulte, Haynes, Johnson, Knight, Leslie, Mountjoy
NOT VOTING: Burton, Craven, Dills, Hurtt, Lewis, Peace
ASSEMBLY FLOOR : 71-1, 8/25/98 - See last page for vote
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SUBJECT : Professions and vocations
SOURCE : Author
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DIGEST : This bill is an "omnibus" committee bill to make
various changes to the regulation of several health care
professionals, accountants, funeral directors, barbering
and cosmetology instructors, and land surveyors.
Assembly Amendments make numerous revisions to the bill
including:
1. Outline externship requirements for pharmaceutical
technicians.
2. Extend the Barbering and Costmetology Act to July 1,
2005.
3. Delete provision providing that the Division of
Licensing is not required to evaluate for equivalency
any coursework at disapproved medical schools.
4. Delete provision requiring that the salary of inspectors
of pharmacy who are pharmacists be within 5 percent
parity of pharmacists employed by the University of
California.
5. Delete provision providing that an accountancy license
exam applicant may satisfy the requirement to have a
baccalaureate degree from an accredited school by
presenting evidence of a degree from a school outside of
the United States that is approved by the Accountancy
Board as being equivalent.
6. Delete provision that would have repealed the current
provision whereby a Canadian chartered accountant will
be deemed to have met the California examination
requirements.
7. Delete provision that would have provided that a license
applicant may be deemed to have met the examination
requirements if the applicant is licensed or has
comparable authority to practice public accountancy
under the laws of another country that meet specified
standards and the applicant has passed the International
Uniform Certified Public Accountant Qualification
Examination.
ANALYSIS : Existing law provides for the licensing and
regulation of various professions and vocations by various
regulatory boards and committees within the Department of
Consumer Affairs (DCA).
This is an omnibus committee bill intended to address
various minor licensing and enforcement issues for various
state regulatory programs. As a committee bill, the
measure makes mostly technical and non-controversial
changes to these programs by either: a) updating statutes
to reflect various changes related to various regulatory
programs governed by the Business and Professions Code and
generally located within DCA; b) attending to code
maintenance by doing technical clean-up and deleting
obsolete references; or c) improving the administration of
the various programs and boards.
Many of the provisions make minor, technical and updating
changes, while other provisions are intended to improve the
ability of the various licensing programs to effectively
administer their respective licensing laws.
This measure's significant provisions seek to streamline
and improve state regulatory activity by:
1. Modifying Medical Board licensing, disciplining and
enforcement activity;
2. Clarifying acts of unprofessional conduct for certain
classes of medical providers;
3. Revising education requirements for and strengthening
enforcement authority against licensees of the Pharmacy
Board;
4. Clarifying examination requirements for dentists;
5. Making numerous changes to the regulation of
accountants, including: a) bringing consistency to and
updating namestyles, retired status designation, license
renewal and display, truth in use of license
designations, restrictions on accountancy firms
organization; and b) clarifying that accountancy
partnerships cannot be limited partnerships;
6. Increasing education requirements for land surveyors;
and
7. Delaying the implementation of continuing education
requirements for funeral directors and embalmers by two
years.
8. Permiting a pharmacy technician student, to be placed as
a pharmacy technician trainee for the purpose of
completing an externship required as a condition of
registration by the California State Board of Pharmacy.
9. Permiting a pharmacy technician trainee participating in
an externship to perform packaging, manipulation,
repetitive, or other nondiscretionary tasks only while
under the direct supervision and control of a
pharmacist, and establishes other requirements and
conditions for in an externship.
10.Providing that the functions of the State Board of
Barbering and Cosmetology are to be performed by the
Department of Consumer Affairs and sunsets the Barbering
and Cosmetology Act on July 1, 2005.
Comments :
The provisions related to pharmacy technician externship
programs and standards for barbering and cosmetology
schools also appear in AB 1205 (Wright), to enrollment and
SB 184 (Polanco), pending on the Assembly Floor.
According to supporters, the provisions regarding pharmacy
technicians (limitation of externship hours, direct
supervision, supervision ratios, and school approval)
reflect an agreement by the Board of Pharmacy, private
trade schools, and other parties involved within the
pharmacists profession. The parties contend that
legislation is needed to ensure guidelines for schools
operating externship programs as to satisfy the Board of
Pharmacy's registration criteria.
According to the author's office, the amendments related to
barbering and cosmetology training standards reflect the
non-controversial components of SB 184 and have industry
support.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
Minor costs to various regulatory programs.
SUPPORT : (Verified 8/26/98)
State Board of Pharmacy
State Board of Dental Examiners
State Board of Accountancy
California Funeral Directors Association (CFDA)
California Land Surveyors Association
California Medial Board
SCI California Funeral Services, Inc.
Board of Registration for Professional Engineers and Land
Surveyors
ASSEMBLY FLOOR :
AYES: Ackerman, Aguiar, Alby, Alquist, Aroner, Ashburn,
Baca, Baldwin, Battin, Baugh, Bordonaro, Bowen, Bowler,
Brewer, Brown, Bustamante, Cardenas, Cardoza, Cedillo,
Cunneen, Davis, Ducheny, Escutia, Figueroa, Firestone,
Floyd, Frusetta, Gallegos, Goldsmith, Granlund, Havice,
Hertzberg, Honda, House, Kaloogian, Knox, Kuehl,
Kuykendall, Leach, Lempert, Leonard, Margett, Martinez,
Mazzoni, Migden, Miller, Morrow, Murray, Napolitano,
Olberg, Oller, Ortiz, Pacheco, Papan, Poochigian,
Prenter, Pringle, Richter, Runner, Scott, Strom-Martin,
Sweeney, Thomson, Torlakson, Vincent, Washington, Wayne,
Wildman, Woods, Wright, Villaraigosa
NOES: Thompson
NOT VOTING: Campbell, Keeley, Machado, McClintock,
Morrissey, Perata, Shelley, Takasugi
CP:sl/jk 8/26/98 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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