PENDING REGULATIONS - California

Transcription

AGENDA ITEM 9PENDING REGULATIONSThe Regulations Update report is attached.Board Meeting - SacramentoOctober 18-19, 2017

REGULATIONS UPDATE REPORTPending Rulemaking files: In-Process-Rulemaking FileSubject0CStatus0:;::;()CJ)Close ofpubliccommentperiodDatePkgSent toDCADate PkgRtn'dfromDCAFinal PkgDuetoOAlActualSubmitDateToOAlDatelanguagegoes intolwent CI)ContinuingCompetence416141624163Notice to Consumer4176Petition forReinstatement orModification of PenaltyLanguage published June 24,2016.language adopted August 2016Language published July 1,2016.Second modified text adopted October 2016.Language published August 26,2016.4149.5Modified text adopted December 2016.08/251201711/21/2017** DCA director issued an extensionRegulations Update Report-------- ---- - -- -- ---- October 18-19, 2017

REGULATIONS UPDATE REPORTPending Regulatory Amendments: Process Not Yet StartedcRulemaking File Subject0:t:i0CI)enProbation Monitoring costs4147.2Filing of Addresses4102Continuing Competence - timelysubmission; prohibition on usingPDUs twice4161Accept PT license for Hands/PAMsapproval4151Language for OT to request tosupeNise more than 2 OTAsPatient record retentionrequirements when a business isclosed/sold/inherited or has achange of ownership; or ifpractitioner is no longer in privatepracticeRegulations Update Report -"Ii:0"Ii:StatusCommentsa.1Board approved language for noticing.Subject to new approval process2Board approved language for noticing.Subject to new approval processBoard approved language for noticing.Subject to new approval processPractice Committee to prepare language; draftlanguage to be presented to the Board at Spring 2017meeting.Language would implement BPC2570.30)(2).41624152tbdtbd3tbdtbdPractice Committee to prepare language; draftlanguage to be presented to the Board at Spring 2017meeting.Subject to new approval processSubject to new approval processLanguage provides specificity tolanguage in BPC 2570.185.October 18-19,2017

AGENDA ITEM 10UPDATE ON BILLS OF INTEREST TO THE BOARD.The report on legislation being watched by the Board is attached.II :1,I'I:IIII:1;1I(jIBoard Meeting - SacramentoOctober 18-19, 2017

CALIFORNIA BOARD OF OCCUPATIONAL THERAPYSeptember 2017 Legislative UpdateBill #AuthorSummaryStatusAB 387ThurmondThis bill would expand the definition of "employer" for purposes of these provisions toinclude a person who directly or indirectly, employs or exercises control over a personengaged in a period of supervised work experience longer than 100 hours to satisfyrequirements for licensure or certification as an allied health professional, as defined.This is a two-year bill.AB 703FloraThis bill would require every board within the Department of Consumer Affairs to grant afee waiver for application and issuance of an initial license for an applicant who ismarried to, or in a domestic partnership or other legal union with, an active duty memberof the Armed Forces of the United States if the applicant holds a current license in thesame profession or vocation in another state, district, or territory. The bill would requirethat an applicant be granted fee waivers for both the application for and issuance of alicense if the board charges fees for both. The bill would prohibit fee waivers from beingissued for renewal of a license, for an additional license, a certificate, a registration, or apermit associated with the initial license, or for the application for an examination.This is a two-year bill.AB 710WoodThis bill would require a board to meet once every other calendar year in rural California.This is a two-year bill.AB 827RubioThis is a two-year bill.AB 835DababnehThis bill, the California Opportunity Act of 2017, would require the Department ofConsumer Affairs to create a task force, as specified, to study and write a report of itsfindings and recommendations regarding the licensing of foreign-trained professionalswith the goal of integrating foreign-trained professionals into the state's workforce, asspecified. The bill would require the task force to submit the report to the Legislature nolater than January 1, 2019, as specified.This bill would make it a misdemeanor for any person to sell a fraudulent, forged,fictitious, or counterfeited license.AB 1087IrwinThis bill would require the Commission on Teacher Credentialing to develop a servicescredential with a specialization in occupational therapy and physical therapy servicesand sets forth the minimum requirements for the credential, as provided. The bill wouldspecify that nothing in its provisions shall be construed to require a person to hold acredential to perform occupational therapy or physical therapy services in the publicschools.This is a two-year bill.This is a two-year bill.g:/legislation/reports/LegUpdate. - c;."""" , "","" -",-,,,,,,, ----,--- --- --;;;- - '-.-,, ,-- - --" '---------'-"" ., -'-- -- O. '7 - 'o"'-"--"-- ,' .,:;C;; ,.

AB 1510DababnehSB 762HernandezThis bill would enact the Athletic Training Practice Act, which would, after adetermination is made that sufficient funds have been received to pay initial costs of thisbill, provide for the licensure and regulation of athletic trainers, as defined and establishthe Athletic Trainer Licensing Committee within the California Board of OccupationalTherapy to implement these provisions. This bill would repeal these provisions onJanuary 1, 2025.Existing law requires a healing arts board, as defined, to issue, upon application andpayment of the normal renewal fee, an inactive license or certificate to a current holder of anactive license or certificate whose license or certificate is not suspended, revoked, orotherwise punitively restricted by the board. Existing law requires the holder of an inactivelicense or certificate to, among other things, pay the renewal fee in order to restore his or herlicense or certificate to an active status.This is a two-year bill.This is a two-year bill.This bill would require the renewal fee to be waived for any healing arts licensee whocertifies to his or her respective board that license restoration is for the sole purpose ofproviding voluntary, unpaid service to a public agency, not-for-profit agency, institution, orcorporation that provides medical services to indigent patients in medically underserved orcritical-need population areas of the state.g:/legislationireports/LegUpdate "- ·- - ···- , " "' ,c

AGENDA ITEM 12STRATEGIC PLAN ACTION PLAN.The action plan to implement the strategic plan is attached for review.Board Meeting - SacramentoOctober 18-19,2017

EO & Legal Officechecklist to the paper applicationWebmasterns.the application overview description on I bWeb site.We master

existing regulatory language torequire applicants to complete only Boardproposed1.2.4Create regulations packet including initial1.2.5 Istatement of reason, strikeout text andnotice.approval ofTBDBreEZe SMETBD

Compare and contrast differences to educate1.3.3 I practitioners about what activities areto stateDevelop a table that clarifies the activities that134 lare applicable to state requirements and.highlights those activities that are not1.3.5 I Present the PDU information to the Board.e annual OTAC conference eacheducate students and licensees.-,-""".;o.'-',,- - .-:: .:.c. -- "" .:- -::.:.::. :;;:-"-: :o. .:o:; :-

Recruitment process: Advertise, reviewapplications in ECOS, interview, backgroundcheck and hire six new staff.Onboard and train new staff.Develop and obtain DCA approval forperformance expectations and attendance2.2.7Re-establish in-person visits by probationmonitors.2.2.8Conduct probation reports on new hires.Increase expert consultants under contract by50%.COMPLETED - Regulations not needed; attestation to be added to paper and on-line renewals."' c:- o--'-'-'-'---- - "'-' " '"" , . . ' ' . ; "",---·--

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ON-GOINGON-GOINGissues.Obtain Legal approval for newly developedcontent.Board staff to work with DCA to develop avideo, webinar, public service announcement toISSAlOPA/SOlIDverify license, and/or printed materialsexplaining Board information.ON-GOING

BreEZe SMEBreEZeSMEMake necessary changes to the instructions forthe paper application and renewal notices,obtain Legal approval, and post it to the Website.Receive training for how to export the emailaddresses from BreEZe into an email ListServ.Perform a monthly export of the emailaddresses from BreEZe into the Board's emailListServ.Educate licensees on new requirements useemail addresses to distribute Boardinformation.

Notice to Consumer 4176 08/15/2016 03/29/2017 06/27/2017 06/30/2017 06/29/2017 10101/2017 Second modified text adopted October 2016. Petition for . Language published August 26,2016. 08/2512017 Reinstatement or 4149.5 Modified text adopted December 2016. 10/1012016 06/0912017 . Modification of Penalty . 11/21/2017* *