AB 1706 — Healing arts: chiropractic practice: speech-language pathology and audiology and hearing aid dispensing: occupational therapy: physical therapy.

Summary

(1) Under existing law, violations of specified provisions relating to the registration, licensure, certification, or authorization required to engage in certain businesses and professions, including, among others, physical therapy, are punishable as infractions under specified circumstances. This bill would provide that the practice of occupational therapy without a license is an infraction under this provision. By expanding the scope of a crime, this bill would impose a state-mandated local program. (2) The Chiropractic Act, enacted by an initiative measure, provides for the licensure and regulation of chiropractors in this state by the State Board of Chiropractic Examiners. Existing law requires that the powers and duties of the board, as provided, be subject to review by the appropriate policy committees of the Legislature as if that act were scheduled to be repealed on January 1, 2018. This bill would require that the powers and duties of the board, as provided, be subject to review by the appropriate policy committees of the Legislature as if that act were scheduled to be repealed on January 1, 2022. (3) 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, which is within the Department of Consumer Affairs. That act authorizes the board to appoint an executive officer. That act repeals the provisions establishing the board and the board's authority to appoint an executive officer on January 1, 2018. This bill would extend the operation of the board and the board's authority to appoint an executive officer until January 1, 2022. The act authorizes a superior court of a county, on application of the board, to issue an injunction or other appropriate restraining order against a person other than a licensed speech-language pathologist or audiologist for an act or practice in violation of that act. That act authorizes the board to suspend, revoke, or impose terms and conditions upon the license of a licensee for, among other things, a conviction, as defined, of a crime substantially related to the qualifications, functions, and duties of a speech-language pathologist, audiologist, or hearing aid dispenser. The act authorizes the board to prosecute a person for a violation of the provisions of the act relating to hearing aid dispensers, as specified. This bill would exclude licensed hearing aid dispensers from the persons against whom a superior court of a county is authorized to issue an injunction or other appropriate restraining order for an act or practice in violation of that act. The bill would expand the definition of a conviction, for the above-mentioned disciplinary purposes, to include certain convictions subsequently dismissed by a court. The bill would authorize the board to prosecute a person for a violation of any provision of the act. The act requires each applicant for a hearing aid dispenser's license to take and pass a written examination and a practical examination, as specified. That act authorizes the board to issue a temporary hearing aid dispenser license to an applicant who, among other things, holds a hearing aid dispenser's license in another state. That act also authorizes the board to issue a temporary hearing aid dispenser license to an applicant who proves to the satisfaction of the board that he or she will be supervised and trained by a hearing aid dispenser who is approved by the board. That act requires a temporary licensee who is supervised to take a licensure examination within the first 10 months after the temporary license is issued, and requires that the license expire if the temporary licensee fails to take the licensure examination. This bill would rename the temporary license of supervised licensees as the trainee license and would make conforming changes. The bill would extend the time by when the licensee is required to take the examination to 12 months after the trainee license is issued. The act establishes the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund to carry out the purposes of the act and requires the board to pay all revenue received by the board pursuant to the act to the Treasurer for deposit in the fund. This bill would specify that money in the fund shall be available upon appropriation by the Legislature. (4) Existing law, the Occupational Therapy Practice Act, provides for the licensure and regulation of occupational therapists by the California Board of Occupational Therapy, which is within the Department of Consumer Affairs, and repeals the provisions establishing the board on January 1, 2018. This bill would extend the operation of the board until January 1, 2022. The act, among other things, prohibits a person from representing to the public by title, description of services, methods, or procedures, or otherwise, that the person is authorized to practice occupational therapy in this state, or from using specified professional abbreviations or any other words, letters, or symbols with the intent to represent that he or she practices occupational therapy, unless he or she is authorized to practice occupational therapy under the act. This bill would authorize a licensee under the act who has earned a doctoral degree in occupational therapy (OTD) or, after adoption by the board of specified regulations, a doctoral degree in a related area of practice or study to use specified abbreviations and titles in communications, as provided. (5) Existing law, the Physical Therapy Practice Act, provides for the licensure and regulation of physical therapists and physical therapist assistants by the Physical Therapy Board of California, which is within the Department of Consumer Affairs. That act requires the board to appoint an executive officer and authorizes the board to employ other persons, as specified. That act repeals the provisions establishing the board and the board's authority to appoint an executive officer and other personnel on January 1, 2018. This bill would extend the operation of the board and the board's authority to appoint an executive officer and other personnel until January 1, 2022. A license issued under the act expires at 12 a.m. on the last day of the birth month of the licensee during the 2nd year of a 2-year term, if not renewed. To renew a license, the act requires the licensee to, among other things, apply for renewal, pay the prescribed renewal fee, and submit proof satisfactory to the board that he or she has completed the required number of continuing education hours established by regulation by the board, as provided. The act exempts a licensee from the requirement to pay a renewal fee and submit proof of continuing education if he or she has applied to the board for retired license status and prohibits the holder of a retired license from practicing or assisting in the provision of, physical therapy unless he or she applies for renewal and meets specified requirements. This bill would repeal the provision relating to retired license status as of January 1, 2019. The act requires an applicant for a physical therapy license who has graduated from a physical therapist education program not approved by the board and not located in the United States to comply with specified requirements, including demonstrating proficiency in English by achieving a score specified by the board on the Test of English as a Foreign Language administered by the Educational Testing Services or such other examination as may be specified by the board by regulation. This bill would instead allow an applicant, as described above, to demonstrate proficiency in English by achieving a score specified by the board on the Test of English as a Foreign Language or other means as prescribed by the board by regulation. The bill would also exempt from this requirement an applicant who has been awarded a bachelor's degree or higher in a physical therapist educational program from a college, university, or professional training school in Australia, any part of Canada other than Quebec, Ireland, New Zealand, the United Kingdom, the United States, or an English-speaking country specified by the board. The act establishes various fees for licensure as a physical therapist, including application, issuance, licensure, and renewal fees. The act authorizes the board to decrease or increase the amount of these fees to an amount that does not exceed the cost of the associated activity. The act requires the board to report to specified committees of the Legislature whenever it increases any fee, as provided. This bill, with respect to the fees described above, would delete the statutory limitation that the decreased or increased amount be in an amount that does not exceed the cost of the associated activity. The bill would repeal the requirement that the board report to the specified committees of the Legislature whenever it increases a fee. The act authorizes the board to establish a fee, as provided, for persons certified to perform electromyographical testing and requires that the fee be paid as provided in specified law. This bill would make a technical change to this provision by correcting an erroneous cross-reference to other law. The act establishes the Physical Therapy Fund and requires that all collections from persons licensed or seeking to be licensed be paid by the board into the fund. Under the act, money in the fund from fees is continuously appropriated for the purpose of executing the act. This bill would, instead, make the money in the fund available only upon appropriation by the Legislature. Under existing law, a violation of any provision of the act is a misdemeanor. By changing the scope of a crime, this bill would impose a state-mandated local program. (6) This bill would incorporate additional changes to Section 146 of the Business and Professions Code proposed by SB 798 to be operative only if this bill and SB 798 are enacted and this bill is enacted last. (7) 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.

Bill Text

• Chaptered 10/03/17 - Chaptered Current pdf October 03, 2017
• Enrolled 09/19/17 - Enrolled pdf September 19, 2017
• Amended 09/06/17 - Amended Senate pdf September 06, 2017
• Amended 09/01/17 - Amended Senate pdf September 01, 2017
• Amended 07/05/17 - Amended Senate pdf July 05, 2017
• Amended 07/03/17 - Amended Senate pdf July 03, 2017
• Amended 06/13/17 - Amended Senate pdf June 13, 2017
• Amended 05/02/17 - Amended Assembly pdf May 02, 2017
• Introduced 03/02/17 - Introduced pdf March 02, 2017
• AB1706 View text html

Action History

1. October 03, 2017

   Chaptered by Secretary of State - Chapter 454, Statutes of 2017.

2. October 03, 2017

   Approved by the Governor.

3. September 26, 2017

   Enrolled and presented to the Governor at 3 p.m.

4. September 15, 2017

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 3526.).

5. September 15, 2017

   From committee: That the Senate amendments be concurred in. (Ayes 15. Noes 0.) (September 14).

6. September 14, 2017

   Joint Rule 62(a) suspended. (Page 3409.)

7. September 13, 2017

   Re-referred to Com. on B. & P. pursuant to Assembly Rule 77.2.

8. September 12, 2017

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 14 pursuant to Assembly Rule 77.

9. September 11, 2017

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2708.).

10. September 07, 2017

    Read second time. Ordered to third reading.

11. September 06, 2017

    Read third time and amended. Ordered to second reading.

12. September 05, 2017

    Read second time. Ordered to third reading.

13. September 01, 2017

    Read second time and amended. Ordered returned to second reading.

14. September 01, 2017

    From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (September 1).

15. August 21, 2017

    In committee: Referred to APPR. suspense file.

16. July 11, 2017

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 10). Re-referred to Com. on APPR.

17. July 05, 2017

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

18. July 03, 2017

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

19. June 13, 2017

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

20. June 08, 2017

    Referred to Com. on B., P. & E.D.

21. May 30, 2017

    In Senate. Read first time. To Com. on RLS. for assignment.

22. May 30, 2017

    Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1849.)

23. May 26, 2017

    Read second time. Ordered to third reading.

24. May 26, 2017

    From committee: Do pass. (Ayes 17. Noes 0.) (May 26).

25. May 10, 2017

    In committee: Set, first hearing. Referred to APPR. suspense file.

26. May 03, 2017

    Re-referred to Com. on APPR.

27. May 02, 2017

    Read second time and amended.

28. May 01, 2017

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (April 25).

29. March 16, 2017

    Referred to Com. on B. & P.

30. March 03, 2017

    From printer. May be heard in committee April 2.

31. March 02, 2017

    Read first time. To print.

Sponsors

• Committee on Business and Professions · Primary

Votes

Subjects