Previous Legislative Updates and Board Legislative Positions

Previous Legislative Changes and Board Legislative Positions

PREVIOUS LEGISLATIVE CHANGES

2021 LEGISLATIVE ADVISORY

The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board (Board) would like to notify you of legislative changes that may impact your practice and/or the profession. Unless otherwise specified, these changes are effective as of January 1, 2022.

AB 107 (Salas) Licensure: veterans and military spouses

Status:Chapter 693, Statutes of 2021

Bill Summary:  This bill, beginning January 1, 2023, requires the Board to issue a temporary license within 30 days to applicants currently licensed in another state who are married to or in a domestic partnership with an active duty member of the military currently stationed in California. The temporary license is nonrenewable and expires 12 months after issuance, upon issuance of a permanent license, or upon denial of an application for a permanent license.

Impact on Applicants:  Military spouses currently licensed in another state may be issued a temporary license if the Board is unable to issue a permanent license or deny an application for a permanent license within 30 days.


AB 435 (Mullin) Hearing aids: locked programming software: notice

Status:  Chapter 266, Statutes of 2021

Bill Summary:  This bill requires hearing aid dispensers and dispensing audiologists to provide a purchaser with a written notice if the hearing aid being purchased uses proprietary or locked programming software. The written notice must be signed by the purchaser and the licensee is required to retain a copy consistent with current record retention requirements.

Impact on Licensees:  Board licensees selling locked hearing aids must ensure that all contracts signed by their patients and/or clients contain a written notice in 12-point type or larger that states the following: “The hearing aid being purchased uses proprietary or locked programming software and can only be serviced or programmed at specific facilities or locations.”


AB 1221 (Flora) Consumer warranties: service contracts: cancellation: disclosures

Status:  Chapter 452, Statutes of 2021

Bill Summary:  This bill expands the Song-Beverly Consumer Warranty Act to require a service contract that continues until cancelled by the buyer or service contractor to meet specified conditions including disclosing in a clear and conspicuous manner that the service contract continues until cancelled and providing contact information the buyer can use to cancel the service contract.

Impact on Licensees:  Board licensees that offer these type of service contracts must ensure that all contracts contain a clause that the service contract continues until cancelled and provide a toll-free number, email address, and postal address the buyer can use to cancel the service contract.


SB 607 (Min) Business and professions

Status:  Chapter 367, Statutes of 2021

Bill Summary:  This bill, beginning July 1, 2022, requires the Board to waive the application fee and initial license fee for applicants currently licensed in another state who are married to or in a domestic partnership with an active duty member of the military currently stationed in California.

Impact on Applicants:  Military spouses currently licensed in another state will not need to submit an application fee or initial license fee prior to licensure; however, exam and fingerprinting fees will still apply.

2021-2022 LEGISLATIVE UPDATES

The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board (Board) took the following positions on pending legislation during the 2021-2022 legislative session.


AB 29 (Cooper D) State bodies: meetings.  

Status: 2/1/2022-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

Summary:

The Bagley-Keene Open Meeting Act requires that all meetings of a state body, as defined, be open and public, and that all persons be permitted to attend any meeting of a state body, except as otherwise provided in that act. Current law requires the state body to provide notice of its meeting, including specified information and a specific agenda of the meeting, as provided, to any person who requests that notice in writing and to make that notice available on the internet at least 10 days in advance of the meeting. This bill would require that notice to include all writings or materials provided for the noticed meeting to a member of the state body by the staff of a state agency, board, or commission, or another member of the state body that are in connection with a matter subject to discussion or consideration at the meeting.

Position:  Oppose


AB 107 (Salas D) Licensure: veterans and military spouses.  

Status: 10/8/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 693, Statutes of 2021.

Summary:

Current law requires a board within the Department of Consumer Affairs to issue, after appropriate investigation, certain types of temporary licenses to an applicant if the applicant meets specified requirements, including that the applicant supplies evidence satisfactory to the board that the applicant is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in this state under official active duty military orders and the applicant submits an application to the board that includes a signed affidavit attesting to the fact that the applicant meets all of the requirements for a temporary license and that the information submitted in the application is accurate, to the best of the applicant’s knowledge. This bill, on and after January 1, 2023, would expand the requirement to issue temporary licenses to practice a profession or vocation to include licenses issued by any board within the department, except as provided. The bill would require an applicant for a temporary license to provide to the board documentation that the applicant has passed a California law and ethics examination if otherwise required by the board for the profession or vocation for which the applicant seeks licensure.

Position:  Oppose Unless Amended


AB 225 (Gray D) Department of Consumer Affairs: boards: veterans: military spouses: licenses.  

Status: 7/14/2021-Failed Deadline pursuant to Rule 61(a)(11). (Last location was B., P. & E.D. on 6/9/2021)(May be acted upon Jan 2022)

Summary:

Current law requires specified boards within the Department of Consumer Affairs to issue, after appropriate investigation, certain types of temporary licenses to an applicant if the applicant meets specified requirements, including that the applicant supplies evidence satisfactory to the board that the applicant is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in this state under official active duty military orders and the applicant holds a current, active, and unrestricted license that confers upon the applicant the authority to practice, in another state, district, or territory of the United States, the profession or vocation for which the applicant seeks a temporary license from the board. This bill would expand the eligibility for a temporary license to an applicant who meets the specified criteria and who supplies evidence satisfactory to the board that the applicant is a veteran of the Armed Forces of the United States within 60 months of separation from active duty under other than dishonorable conditions, a veteran of the Armed Forces of the United States within 120 months of separation from active duty under other than dishonorable conditions and a resident of California prior to entering into military service, or an active duty member of the Armed Forces of the United States with official orders for separation within 90 days under other than dishonorable conditions.

Position:  Oppose Unless Amended


AB 227 (Davies R) Governor: appointments. 

Status: 2/1/2022-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

Summary:

Would require, if a Governor’s prospective appointee has made a contribution of one thousand dollars ($1,000) or more to the Governor’s campaign or to a committee organized specifically to benefit the Governor’s campaign within the 12-month period preceding the public announcement of the appointment, that the public announcement, whether oral or written, disclose that such a contribution was made and the amount of the contribution. The bill would require the Secretary of State, until January 1, 2027, to submit an annual report to the Legislature describing any such contributions disclosed during the year preceding submission of the report.

Position:  Watch


AB 361 (Rivas, Robert  D) Open meetings: state and local agencies: teleconferences. 

Status: 9/16/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 165, Statutes of 2021.

Summary:

Would, until January 1, 2024, authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.

Position:  Watch


AB 435 (Mullin D) Hearing aids: locked programming software: notice.  

Status: 9/23/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 266, Statutes of 2021.

Summary:

Current law requires a licensed hearing aid dispenser or licensed audiologist, upon the consummation of the sale of a hearing aid, to deliver to the purchaser a written receipt containing specified information, including, among other things, the address and office hours at which the licensee is available for servicing of the hearing aid and the terms of any guarantee or written warranty. Current law requires a licensed hearing aid dispenser or a licensed audiologist to maintain certain records, including a copy of the written receipt, for 7 years and to permit inspection by the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board, upon reasonable notice. This bill would refer to a licensed dispensing audiologist instead of a licensed audiologist in the above-described provisions.

Position:  Board Sponsored


AB 457 (Santiago D) Protection of Patient Choice in Telehealth Provider Act.  

Status: 10/1/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 439, Statutes of 2021.

Summary:

Current law provides for the licensure and regulation of various healing arts professions and vocations by boards within the Department of Consumer Affairs. Under current law, it is unlawful for healing arts licensees, except as specified, to offer, deliver, receive, or accept any rebate, refund, commission, preference, patronage dividend, discount, or other consideration, in the form of money or otherwise, as compensation or inducement for referring patients, clients, or customers to any person, subject to certain exceptions. This bill would provide that the payment or receipt of consideration for internet-based advertising, appointment booking, or any service that provides information and resources to prospective patients of licensees does not constitute a referral of a patient if the internet-based service provider does not recommend or endorse a specific licensee to a prospective patient.

Position:  Watch


AB 468(Friedman D) Emotional support animals.  

Status: 9/16/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 168, Statutes of 2021.

Summary:

Would require a person or business that sells or provides a dog for use as an emotional support dog, as defined, to provide a written notice to the buyer or recipient of the dog stating that the dog does not have the special training required to qualify as a guide, signal, or service dog and is not entitled to the rights and privileges accorded by law to a guide, signal, or service dog, and that knowingly and fraudulently representing oneself to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog is a misdemeanor.

Position:  Watch


AB 486(Committee on Education) Elementary and secondary education: omnibus bill. 

Status:  10/8/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 666, Statutes of 2021.

Summary:

Current law establishes a system of public elementary and secondary education in this state. Under that system, various persons have specified duties and powers relating to the operation of elementary and secondary schools, including, among others, the Superintendent of Public Instruction, county superintendents of schools, county auditors, and city, district, deputy, associate, or assistant superintendents of schools. This bill would replace gendered terms with nongendered terms and make various other nonsubstantive changes to provisions related to those persons.

Position:  Watch


AB 555 (Lackey R) Special education: assistive technology devices.  

Status: 2/1/2022-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

Summary:

Would authorize a local educational agency or special education local plan area to retain, sell, or otherwise dispose of an assistive technology device, including, but not limited to, giving the assistive technology device to the individual with exceptional needs to whom it was assigned, if specified determinations are made.

Position:  Oppose Unless Amended


AB 646(Low D) Department of Consumer Affairs: boards: expunged convictions.  

Status: 2/1/2022-In Senate. Read first time. To Com. on RLS. for assignment.

Summary:

Current law establishes the Department of Consumer Affairs, which is composed of various boards, and authorizes a board to suspend or revoke a license on the ground that the licensee has been convicted of a crime substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. The Medical Practice Act provides for the licensure and regulation of the practice of medicine by the Medical Board of California and requires the board to post certain historical information on current and former licensees, including felony and certain misdemeanor convictions. Current law requires the Medical Board of California, upon receipt of a certified copy of an expungement order from a current or former licensee, to post notification of the expungement order and the date thereof on its internet website. This bill would require a board within the department that has posted on its online license search system that a person’s license was revoked because the person was convicted of a crime, within 90 days of receiving an expungement order for the underlying offense from the person, if the person reapplies for licensure or is relicensed, to post notification of the expungement order and the date thereof on its online license search system.

Position:  Watch


AB 885(Quirk D) Bagley-Keene Open Meeting Act: teleconferencing. 

Status: 2/1/2022-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

Summary:

Would require a state body that elects to conduct a meeting or proceeding by teleconference to make the portion that is required to be open to the public both audibly and visually observable. The bill would require a state body that elects to conduct a meeting or proceeding by teleconference to post an agenda at the designated primary physical meeting location in the notice of the meeting where members of the public may physically attend the meeting and participate. The bill would extend the above requirements of meetings of multimember advisory bodies that are held by teleconference to meetings of all multimember state bodies. The bill would require a multimember state body to provide a means by which the public may both audibly and visually remotely observe a meeting if a member of that body participates remotely.

Position:  Support


AB 1026(Smith R) Business licenses: veterans.  

Status: 2/1/2022-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

Summary:

Would require the Department of Consumer Affairs and any board within the department to grant a 50% fee reduction for an initial license to an applicant who provides satisfactory evidence, as defined, the applicant has served as an active duty member of the United States Armed Forces or the California National Guard and was honorably discharged. This bill would authorize a board to adopt regulations necessary to administer these provisions.

Position:  Support


AB 1221 (Flora R) Consumer warranties: service contracts: cancellation: disclosures. 

Status: 10/4/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 452, Statutes of 2021.

Summary:

The Song-Beverly Consumer Warranty Act, provides consumer warranty protection to buyers of consumer goods, including motor vehicles, home appliances, and home electronic products. The act requires a service contract, as defined, to include certain elements, including a clear description and identification of the covered product. The Electronic and Appliance Repair Dealer Registration Law provides for the registration and regulation of service contractors and, among other things, requires a service contractor to comply with the provisions of the Song-Beverly Consumer Warranty Act described above relating to service contracts. This bill would specify that a service contract may be offered on a month-to-month or other periodic basis and continue until canceled by the buyer or the service contractor and would require a service contract that continues until canceled by the buyer or service contractor to, among other things, disclose to the buyer in a clear and conspicuous manner that the service contract shall continue until canceled by the buyer or service contractor and provide a toll-free number, email address, postal address, and, if one exists, internet website the buyer can use to cancel the service contract.

Position:  Watch


AB 1236(Ting D) Healing arts: licensees: data collection.  

Status: 2/1/2022-Died on inactive file.

Summary:

Current law requires the Board of Registered Nursing, the Physician Assistant Board, the Respiratory Care Board of California, and the Board of Vocational Nursing and Psychiatric Technicians of the State of California to regulate and oversee the practice of healing arts within their respective jurisdictions and to, among other things, collect and report specific demographic data relating to their licensees, subject to a licensee’s discretion to report their race or ethnicity, to the Office of Statewide Health Planning and Development. Current law requires these boards to collect this data at least biennially, at the times of both issuing an initial license and issuing a renewal license. This bill would repeal those provisions and would, instead, require all boards that oversee healing arts licensees to request at the time of electronic application for a license and license renewal, or at least biennially, specified demographic information from its licensees and, if designated by the board, its registrants and to post the information on the internet websites that they each maintain. The bill would specify that licensees and registrants shall not be required to provide the requested information.

Position:  Watch


AB 1291 (Frazier D) State bodies: open meetings.  

Status: 7/9/2021-Approved by the Governor. Chaptered by Secretary of State - Chapter 63, Statutes of 2021.

Summary:

Current law provides that, subject to certain exceptions and reasonable regulations, the state body shall provide members of the public an opportunity to directly address the state body on agenda items. Current law authorizes the state body to limit the amount of time allotted for each member of the public to speak, but specifies that members of the public who use translators shall be given twice that allotted amount of time. This bill would also require a state body, when it limits time for public comment, to provide at least twice the allotted time to a member of the public who utilizes translating technology to address the state body. The bill would additionally make technical, nonsubstantive changes.

Position:  Watch


AB 1308(Ting D) Arrest and conviction record relief. 

Status: 7/14/2021-Failed Deadline pursuant to Rule 61(a)(11). (Last location was PUB. S. on 6/16/2021)(May be acted upon Jan 2022)

Summary:

Current law, commencing July 1, 2022, subject to an appropriation in the annual Budget Act, requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and to identify persons who are eligible for arrest record relief or automatic conviction record relief by having their arrest records, or their criminal conviction records, withheld from disclosure or modified, as specified. Under existing law, an arrest or conviction record is eligible for this relief if, among other criteria, the arrest or conviction occurred on or after January 1, 2021. This bill would instead allow an arrest or conviction that occurred on or after January 1, 1973, to be considered for relief.

Position:  Watch


AB 1361(Rubio, Blanca D) Childcare and developmental services: preschool: expulsion and suspension: mental health services: reimbursement rates.  

Status: 2/1/2022-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

Summary:

Current law, commencing July 1, 2021, transfers responsibility for the administration of specified childcare and development services programs from the State Department of Education to the State Department of Social Services. Current law requires statutory references to the Superintendent of Public Instruction, for purposes of the programs transferred to the State Department of Social Services on July 1, 2021, to instead be construed to mean the State Department of Social Services. The act prohibits a contracting agency, as part of the state preschool program, from expelling or unenrolling a child because of a child's behavior, except as provided. Current law requires the State Department of Social Services to consider, in determining whether to issue a citation or impose a civil penalty to a state preschool program, whether the program is in the process of complying with the above law relating to expulsion or unenrollment. This bill would revise and recast the above provisions relating to the expulsion or unenrollment of a child from the state preschool program and would include a general childcare and development program and family childcare home education network program as part of those provisions, as provided.

Position:  Oppose Unless Amended


AB 1498 (Low D) Members of boards within the Department of Consumer Affairs: per diem.  

Status: 2/1/2022-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

Summary:

Current law establishes various boards, as defined, within the Department of Consumer Affairs for the licensure and regulation of various professions and vocations. Current law requires a member of certain boards to receive a per diem of $100 for each day actually spent in the discharge of official duties and to be reimbursed for traveling and other expenses necessarily incurred in the performance of official duties. Current law requires payment to be made only from the fund from which the expenses of the board are paid and subject to availability of money in the fund. Current law conditions receipt of these moneys on authorization in specified provisions, some of which authorize these expenditures from a continuously appropriated fund. This bill would recast those provisions to, instead, base the per diem of $100 on each day that the member discharged official duties, and would require the board to define "day that the member discharged official duties" as either the "accumulation of 8 hours spent in the discharge of official duties" or as a "day on which the member performed an official duty."

Position:  Watch


AB 1662(Gipson D) Licensing boards: disqualification from licensure: criminal conviction.  

Status: 1/27/2022-Referred to Com. on B. & P.

Summary:

Current law authorizes a board within the Department of Consumer Affairs to deny, suspend, or revoke 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. This bill would authorize a prospective applicant that has been convicted of a crime to submit to a board a request for a preapplication determination that includes information provided by the prospective applicant regarding their criminal conviction. The bill would require a board that receives that request to determine if the prospective applicant would be disqualified from licensure by the board based on the information submitted with the request, and deliver that determination to the prospective applicant.

Position:  Oppose Unless Amended


AB 1687 (Seyarto R) California Emergency Services Act: Governor’s powers: suspension of statutes and regulations.  

Status: 2/3/2022-Referred to Com. on E.M.

Summary:

The California Emergency Services Act (CESA), among other things, authorizes the Governor to proclaim a state of emergency under certain circumstances and provides that a state of war emergency exists, with or without proclamation by the Governor, when specified conditions exist. During a state of war emergency or a state of emergency, the CESA authorizes the Governor to suspend any regulatory statute, or statute prescribing the procedure for the conduct of state business, or the orders, rules, or regulations of any state agency where the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency. This bill would provide that the Governor may only suspend a statute or regulation during a state of emergency or state of war emergency, as described above, in connection with the specific conditions of emergency proclaimed by the Governor or state of war emergency, as applicable.

Position:  Watch


AB 1733(Quirk D) State bodies: open meetings.  

Status: 2/18/2022-Referred to Coms. on G.O. and B. & P.

Summary:

The Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. Current law requires a state body to provide notice of its meeting to any person who requests that notice in writing and to provide notice of the meeting of its internet website at least 10 days in advance of the meeting, as prescribed. Current law exempts from the 10-day notice requirement, special meetings and emergency meetings in accordance with specified provisions. Current law authorizes a state body to adjourn any regular, adjourned regular, special, or adjourned special meeting to a time and place specified in the order of adjournment, and authorizes a state body to similarly continue or recontinue any hearing being held, or noticed, or ordered to be held by a state body at any meeting. This bill would specify that a "meeting" under the act, includes a meeting held entirely by teleconference.

Position:  Watch


SB 607(Min D) Business and professions.  

Status: 9/28/2021-Approved by the Governor. Chaptered by Secretary of State. Chapter 367, Statutes of 2021.

Summary:

Curent law provides for the issuance of temporary licenses in certain fields where the applicant, among other requirements, has a license to practice within that field in another jurisdiction, as specified. Current law requires a board within the Department of Consumer Affairs to expedite the licensure process for an applicant who holds a current license in another jurisdiction in the same profession or vocation and who supplies satisfactory evidence of being married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in California under official active duty military orders. This bill, on and after July 1, 2022, would require a board to waive the licensure application fee and the initial or original license fee for an applicant who meets these expedited licensing requirements.

Position:  Watch


SB 731 (Durazo D) Criminal records: relief.  

Status: 9/10/2021-Motion to reconsider made by Assembly Member Ting. (Set On Senate Floor 1/3/2022)

Summary:

Current law authorizes a defendant who was sentenced to a county jail for the commission of a felony and who has met specified criteria to petition to withdraw their plea of guilty or nolo contendere and enter a plea of not guilty after the completion of their sentence, as specified. Current law requires the court to dismiss the accusations or information against the defendant and release them from all penalties and disabilities resulting from the offense, except as specified. This bill would make this relief available to a defendant who has been convicted of any felony.

Position:  Watch


SB 772(Ochoa Bogh R)   Professions and vocations: citations: minor violations.

Status: 2/1/2022-Returned to Secretary of Senate pursuant to Joint Rule 56.

Summary:

Current law authorizes the State Board of Chiropractic Examiners, the Osteopathic Medical Board of California, and any board within the Department of Consumer Affairs to issue a citation to a licensee, which may contain an order of abatement or an order to pay an administrative fine assessed by the board. This bill would prohibit the assessment of an administrative fine for a minor violation, and would specify that a violation shall be considered minor if it meets specified conditions, including that the violation did not pose a serious health or safety threat and there is no evidence that the violation was willful.

Position:  Oppose