Bill Text: CA AB178 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Board of Vocational Nursing and Psychiatric Technicians of the State of California: executive officer.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2015-10-02 - Chaptered by Secretary of State - Chapter 429, Statutes of 2015. [AB178 Detail]

Download: California-2015-AB178-Amended.html

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BILL NUMBER: AB 178	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 31, 2015
	AMENDED IN SENATE  JUNE 24, 2015
	AMENDED IN ASSEMBLY  MAY 4, 2015
	AMENDED IN ASSEMBLY  APRIL 22, 2015
	AMENDED IN ASSEMBLY  MARCH 3, 2015

INTRODUCED BY   Assembly Member Bonilla
   (Principal coauthor: Senator Hill)

                        JANUARY 26, 2015

   An act to amend Section 2847  of, to amend, repeal, and
add Section 1752.1 of, to add and repeal Sections 2847.5 and 2858.5
of, and to repeal and add Section 1752.3 of,   of 
the Business and Professions Code, relating to healing arts, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 178, as amended, Bonilla. Board of Vocational Nursing and
Psychiatric Technicians of the State of California: executive
 officer: enforcement program monitor.  
officer.  
   (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 Education's 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 department's internal audit
unit to review the board's 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.
   Vote: 2/3. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 1752.1 of the Business and
Professions Code is amended 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 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
program's 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
program's 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 board'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 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 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, 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 board's 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 board's 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 department's internal audit unit shall review the
board's 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 board's 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 XIII B 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 XIII B 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.