Current Legislative Updates and Board Legislative Positions as of August 25, 2023
2023-2024 LEGISLATIVE UPDATES
The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board took the following positions on pending legislation during the 2023-2024 legislative session.
AB 381 (Rubio, Blanca D) Teacher credentialing: services credential with a specialization in health: occupational and physical therapists.
Status: 05/19/2023 - Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 5/10/2023)(May be acted upon Jan 2024)
Summary: Current law sets forth the minimum requirements for a services credential with a specialization in health. Current law authorizes the holder of a services credential with a specialization in health to perform, at all grade levels, health services approved by the Commission on Teacher Credentialing. Current law specifies that services as an occupational therapist or physical therapist are not health services for this purpose. This bill would delete the provision specifying that services as an occupational therapist or physical therapist are not health services for purposes of a services credential with a specialization in health.
Position: Neutral if Amended
AB 477 (Waldron R) Legislative review of state boards.
Status: 4/28/2023-Failed Deadline pursuant to Rule 61(a)(2). (Last location was B.&P. on 2/17/2023)(May be acted upon Jan 2024)
Summary: Current law requires the Joint Sunset Review Committee to review eligible agencies and prepare a report that is made available to the public and the Legislature on whether the agency should be terminated, or continued, or whether its functions should be revised or consolidated with those of another agency, as specified. This bill would require the report prepared by the committee to be made available to the public online.
Position: Watch
AB 567 (Ting D) Criminal records: relief.
Status: 07/03/2023 - In committee: Referred to APPR suspense file.
Summary: Current law, subject to an appropriation, requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for automatic conviction record relief. Under current law, a person is eligible for automatic conviction record relief if, on or after January 1, 1973, they were sentenced to probation, and completed it without revocation, or if they were convicted of an infraction or a misdemeanor, and other criteria are met, as specified. Current law, commencing July 1, 2023, and subject to an appropriation, generally makes this arrest record relief available to a person who has been arrested for a felony, including a felony punishable by imprisonment in the state prison, as specified. This bill would require the department to provide confirmation that relief was granted upon request from the subject of the record.
Position: Watch
AB 883 (Mathis R) Business licenses: United States Department of Defense SkillBridge program.
Status: 08/14/2023 - In committee: Referred to APPR suspense file.
Summary: Existing law establishes the Department of Consumer Affairs under the direction of the Director of Consumer Affairs and sets forth its powers and duties relating to the administration of the various boards under its jurisdiction that license and regulate various professions and vocations. This bill would additionally require, on and after July 1, 2024, a board to expedite, and authorize a board to assist, in the initial licensure process for an applicant who supplies satisfactory evidence to the board that the applicant is an active duty member of a regular component of the Armed Forces of the United States enrolled in the United States Department of Defense SkillBridge program, as specified, and would provide that regulations to administer those provisions be adopted in accordance with the rulemaking provisions of the Administrative Procedure Act. This bill contains other existing laws.
Position: Watch
AB 996 (Low D) Department of Consumer Affairs: continuing education: conflict-of-interest policy.
Status: 4/26/2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (April 25). Re-referred to Com. on APPR.
Status: 08/17/2023 - Ordered to inactive file at the request of Senator Roth.
Summary: Current law provides for the licensure and regulation of professions and vocations by entities within the Department of Consumer Affairs. Under current law, several of these entities may require licensees to satisfy continuing education course requirements, including, among others, licensed physicians and surgeons licensed by the Medical Board of California and certified public accountants and public accountants licensed by the California Board of Accountancy. This bill would require those entities to develop and maintain a conflict-of-interest policy that, at minimum, discourages the qualification of any continuing education course if the provider of that course has an economic interest in a commercial product or enterprise directly or indirectly promoted in that course and requires conflicts to be disclosed at the beginning of each continuing education course.
Position: Spot Bill
AB 1028 (McKinnor D) Reporting of crimes: mandated reporters.
Status: 08/02/2023 - In committee: Hearing postponed by committee
Summary: : Would, on and after January 1, 2025, remove the requirement that a health practitioner make a report to law enforcement when they suspect a patient has suffered physical injury caused by assaultive or abusive conduct, and instead only require that report if the health practitioner suspects a patient has suffered a wound or physical injury inflicted by the person’s own act or inflicted by another where the injury is by means of a firearm, a wound or physical injury resulting from child abuse, or a wound or physical injury resulting from elder abuse.
Position: Watch
AB 1417 (Wood D) Elder and dependent adult abuse: mandated reporting.
Status: 08/21/2023 - In committee: Referred to APPR suspense file.
Summary: The Elder Abuse and Dependent Adult Civil Protection Act sets forth various provisions for the reporting, investigation, and prosecution of elder and dependent adult abuse. Current law requires specified people, known as mandated reporters, to report cases of elder or dependent adult abuse. Current law establishes certain procedures for mandated reporters to report known or suspected instances of abuse by telephone followed by a written report, or through a confidential internet reporting tool, as specified. If the abuse is physical abuse, and the abuse occurred in a long-term care facility, with exceptions, current law sets forth the reporting conditions, including those relating to the format, timelines, and recipients of the reporting. Under current law, the reporting conditions are based on whether or not the suspected abuse results in serious bodily injury, or whether the suspected abuse is allegedly caused by a resident with a physician’s diagnosis of dementia and there is no serious bodily injury, as specified. If the abuse is not physical abuse, and the abuse occurred in a long-term care facility, with exceptions, existing law requires a telephone report and a written report to be made to the local ombudsman or the local law enforcement agency. This bill would delete and reorganize some of those reporting provisions. Under the bill, if the abuse that occurred in a long-term facility was allegedly caused by another resident of the facility with dementia diagnosed by a licensed physician and there was no serious bodily injury, the reporter would be required to submit a written report within 24 hours to the long-term care ombudsman, the local law enforcement agency, and the corresponding state agency. Under the bill, in all other instances, immediately or as soon as practically possible, but no longer than 2 hours, the reporter would be required to submit a verbal report to the local law enforcement agency, and to submit a written report within 24 hours to the aforementioned recipients.
Position: Watch
AB 1707 (Pacheco D) Health professionals and facilities: adverse actions based on another state’s law.
Status:: 08/23/2023 - Read second time. Ordered to third reading.
Summary: Would prohibit a healing arts board under the Department of Consumer Affairs from denying an application for a license or imposing discipline upon a licensee or health care practitioner on the basis of a civil judgment, criminal conviction, or disciplinary action in another state that is based on the application of another state’s law that interferes with a person’s right to receive sensitive services, as defined, that would be lawful in this state, regardless of the patient’s location. The bill would similarly prohibit a health facility from denying staff privileges to, removing from medical staff, or restricting the staff privileges of a licensed health professional on the basis of such a civil judgment, criminal conviction, or disciplinary action imposed by another state. The bill also would also prohibit the denial, suspension, revocation, or limitation of a clinic or health facility license on the basis of those types of civil judgments, criminal convictions, or disciplinary actions imposed by another state. The bill would exempt from the above-specified provisions a civil judgment, criminal conviction, or disciplinary action imposed by another state based upon conduct in another state that would subject an applicant, licensee, or health care practitioner to a similar claim, charge, or action under the laws of this state. By imposing new prohibitions under the provisions related to clinics and health facilities, the violation of which is a crime, this bill would impose a state-mandated local program.
Position: Watch
SB 259 (Seyarto R) Reports submitted to legislative committees.
Status: 08/22/2023 - Enrolled and presented to the Governor at 2 p.m.
Summary: Current law requires a state agency that is required or requested by law to submit a report to the Members of either house of the Legislature generally to submit the report in a specified manner and to post the report on the state agency’s internet website. This bill would additionally require a state agency to post on its internet website any report, as defined, that the state agency submits to a committee of the Legislature.
Position: Watch
SB 345 (Skinner D) Health care services: legally protected health care activities.
Status: 08/23/2023 - August 23 set for first hearing. Placed on suspense file.
Summary: Current law provides for the licensure and regulation of various categories of medical professionals by boards within the Department of Consumer Affairs, including, among others, the Medical Board of California and the Dental Board of California. Current law makes specified actions by licensed health care providers unprofessional conduct and, in certain cases, a criminal offense. This bill would prohibit a board from suspending or revoking the license of a person regulated under the above healing arts provisions solely because the person provided a legally protected health care activity. In this connection, the bill would define a “legally protected health care activity” to mean specified acts, including exercising rights related to reproductive health care services or gender-affirming health care services secured by the Constitution or the provision of insurance coverage for those services.
Position: Watch
SB 372 (Menjivar D) Department of Consumer Affairs: licensee and registrant records: name and gender changes.
Status: 08/17/2023 - Read second time. Ordered to third reading.
Summary: Current law establishes in the Business, Consumer Services, and Housing Agency the Department of Consumer Affairs. Current law establishes various boards within the department for the licensure, regulation, and discipline of various professions and vocations. Current law defines “board” for purposes of the Business and Professions Code to include bureau, commission, committee, department, division, examining committee, program, and agency, unless otherwise expressly provided. This bill would require a board to update a licensee’s or registrant’s license by replacing references to the former name or gender on the license or registration, as specified, if the board receives documentation, as described, from the licensee or registrant demonstrating that the licensee or registrant’s legal name or gender has been changed. If the board operates an online license verification system, the bill would require the board to replace references to the licensee’s or registrant’s former name or with the individual’s current name or gender, as applicable, on the publicly viewable information displayed on the internet. The bill would prohibit a board from publishing information relating to the licensee’s or registrant’s former name or gender online. Instead, the bill would require the board to post an online statement directing the public to contact the board for more information. For specified licensees or registrants, the board would be prohibited from posting enforcement records online, but would be required to post an online statement stating that the individual was previously subject to an enforcement action and directing the public to contact the board, as prescribed.
Position: Support
SB 544 (Laird D) Bagley-Keene Open Meeting Act: teleconferencing.
Status: 08/23/2023 - August 23 hearing postponed by committee.
Summary: Current law, until July 1, 2023, authorized, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and suspended certain requirements of the Bagley-Keene Open Meeting Act, including the specified-described teleconference requirements. This bill would remove the teleconference requirements that a state body post agendas at all teleconference locations, that each teleconference location be identified in the notice and agenda of the meeting or proceeding, and that each teleconference location be accessible to the public. The bill would require a state body to provide a means by which the public may remotely hear audio of the meeting, remotely observe the meeting, or attend the meeting by providing on the posted agenda a teleconference telephone number, an internet website or other online platform, and a physical address for at least one site, including, if available, access equivalent to the access for a member of the state body participating remotely. The bill would require any notice required by the act to specify the applicable teleconference telephone number, internet website or other online platform, and physical address indicating how the public can access the meeting remotely and in person. The bill would revise existing law to no longer require that members of the public have the opportunity to address the state body directly at each teleconference location, but would continue to require that the agenda provide an opportunity for members of the public to address the state body directly. The bill would require a member or staff to be physically present at the location specified in the notice of the meeting. The bill would require a majority of the members of the state body to be physically present at the same location for at least 1/2 of the meetings of that state body.
Position: Support
SB 612 (Ochoa Bogh R) Speech-language pathologists.
Status: 08/24/2023 - Read third time. Passed. Ordered to the Senate. In Senate. Concurrence in Assembly amendments pending.
Summary: Current law prohibits a licensed speech-language pathologist from performing a flexible fiber optic transnasal endoscopic procedure unless they have received written verification from one otolaryngologist certified by the American Board of Otolaryngology that the licensed speech-language pathologist has performed a minimum of 25 supervised flexible fiber optic transnasal endoscopic procedures and that licensed speech-language pathologist is competent to perform those procedures, as provided. By operation of law, these provisions became operative on January 1, 2023. This bill would specify that a licensed speech-language pathologist who holds a written verification pursuant to the above-described provisions that was issued before January 1, 2023, shall be deemed to meet specified requirements regarding flexible fiber optic transnasal endoscopic procedures, as provided.
Position: Support
SB 635 (Menjivar ) Health care coverage: hearing aids.
Status: 08/23/2023 - August 23 set for first hearing. Placed on suspense file.
Summary: Would require a health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2025, to include coverage for hearing aids for enrollees and insureds under 21 years of age, if medically necessary. The bill would limit the maximum required coverage amount to $3,000 per individual hearing aid, as specified. Because a willful violation of the bill’s requirements relative to a health care service plan would be a crime, the bill would impose a state-mandated local program.
Position: Support
SB 763 (Durazo D) Criminal records.
Status:: 05/19/2023 - Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 5/1/2023)(May be acted upon Jan 2024)
Summary: Current law requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for automatic conviction record relief. Current law makes this conviction record relief available for a defendant convicted, on or after January 1, 2005, of a felony for which they did not complete probation without revocation if the defendant appears to have completed all terms of incarceration, probation, mandatory supervision, postrelease community supervision, and parole, and a period of 4 years has elapsed during which the defendant was not convicted of a new felony offense, except as specified. This bill would extend that relief to apply to convictions on or after January 1, 1973.
Position: Watch
SB 802 (Roth D) Licensing boards: disqualification from licensure: criminal conviction.
Status: 07/14/2023 - Failed Deadline pursuant to Rule 61(a)(10). (Last location was B.&P. on 5/4/2023)(May be acted upon Jan 2024)
Summary: Current law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Current law authorizes a board to deny a license on the grounds that the applicant or licensee has been subject to formal discipline, as specified, or convicted of a crime substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, as specified. Current law requires a board to notify the applicant in writing, as specified, if a board decides to deny an application for licensure based solely or in part on the applicant’s conviction history. This bill contains other existing laws.
Position: Watch
SB 887 Committee on Business, Professions and Economic Development) Consumer affairs.
Status: 08/24/2023 - From consent calendar on motion of Assembly Member Bryan. Ordered to third reading.
Summary: Current law requires the Department of Consumer Affairs to compile an annual report for the Legislature containing specified information relating to the professional licensure of veterans, servicemembers, and their spouses from each calendar year. This bill would instead require the report to contain specified information relating to the professional licensure of military members, military spouses, and honorably discharged military members from each fiscal year. The bill would make corrections and other conforming changes to those provisions.
Position: Support
