Transcription
Department of Consumer AffairsDivision of Legislative and Regulatory Review2016 Legislative Resource Booklet
.TATIIO JICAL i f' O RNIAc:I C::i3DEPARTMENT OF CONSUMER AFFAIRS6tJ::,INESS"ON SU ' ER ERVtr.E 1\ tH( US \IG "r.ENC:Y · .j.OVERNO R E0\ 1UND G BROW N tRDivision of Legislative & Regulatory Review1625 North Market Blvd., Suite S-204, Sacramento, CA 95834P (916) 574-7800 I F (916) 574-8655 I www.dca.ca.gov2016 Legislative Resource BookletOn behalf of the Department of Consumer Affairs' (Department) Division of Legislative &Regulatory Review (Division), I am pleased to provide this year's Legislative ResourceBooklet. This booklet is intended as a quick reference guide conveying vital statisticsabout each program under the Department's jurisdiction .The Department currently oversees 40 licensing programs that issue more than 3.5 millionlicenses, registrations, and certifications in over 250 various professional, occupationaland business categories, including doctors, dentists, contractors, cosmetologists andsmog-check technicians. These licensing boards, bureaus, committees , commission andprogram are responsible for enforcing the minimum qualifications for licensure, registrationor certification in a particular profession. Qualifications for licensure are established bystatute and clarified in regulation.This Resource Booklet contains information about this Division, the Department and itsprocesses, helpful links for consumer information, information for active and retired militaryand their families, and a factsheet for each of the regulatory entities under the Departmentas of early January 2016. This reference resource is being made available to the greaterpublic and is posted on Department's website at http://www.dca.ca.gov under"Publications."I hope that this resource booklet will be helpful to you in identifying relevant and currentinformation about the Department and its programs. For more information, please contactthe Division of Legislation & Regulatory Review at (916) 574-7800. - ;1 : McClain.tt:Z--Deputy Director, Legislative and Regulatory ReviewDepartment of Consumer Affairs
TABLE OF CONTENTSDEPARTMENT OVERVIEWLEGISLATIVE & REGULATORY REVIEW DIVISION OVERVIEW . iiiDEPARTMENT ORGANIZATIONAL CHART . ivDISTINCTION BETWEEN BOARDS AND BUREAUS .vREGULATORY PROCESS CHARTS . viINFORMATION FOR ACTIVE AND RETIRED MILITARY MEMBERS AND FAMILIES .xHELPFUL CONSUMER LINKS . xiINDIVIDUAL PROGRAM FACT SHEETSCALIFORNIA BOARD OF ACCOUNTANCY . 1ACUPUNCTURE BOARD . 6ARBITRATION CERTIFICATION PROGRAM . 11CALIFORNIA ARCHITECTS BOARD. 13CALIFORNIA STATE ATHLETIC COMMISSION . 18BUREAU OF AUTOMOTIVE REPAIR . 22BOARD OF BARBERING AND COSMETOLOGY . 29BOARD OF BEHAVIORAL SCIENCES . 35CEMETERY AND FUNERAL BUREAU . 44BOARD OF CHIROPRACTIC EXAMINERS . 50CONTRACTORS STATE LICENSE BOARD . 54COURT REPORTERS BOARD OF CALIFORNIA . 59DENTAL BOARD OF CALIFORNIA . 63DENTAL HYGIENE COMMITTEE OF CALIFORNIA. 71BUREAU OF ELECTRONIC AND APPLIANCE REPAIR, HOME FURNISHINGS ANDTHERMAL INSULATION . 75BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND GEOLOGISTS . 79BOARD OF GUIDE DOGS FOR THE BLIND . 87MEDICAL BOARD OF CALIFORNIA . 91BUREAU OF MEDICAL MARIJUANA REGULATION . 102NATUROPATHIC MEDICINE COMMITTEE . 103CALIFORNIA BOARD OF OCCUPATIONAL THERAPY . 107BOARD OF OPTOMETRY . 110OSTEOPATHIC MEDICAL BOARD . 116BOARD OF PHARMACY . 123PHYSICAL THERAPY BOARD . 131PHYSICIAN ASSISTANT BOARD . 135BOARD OF PODIATRIC MEDICINE. 140
BUREAU FOR PRIVATE POSTSECONDARY EDUCATION . 144PROFESSIONAL FIDUCIARIES BUREAU . 150BOARD OF PSYCHOLOGY . 154BUREAU OF REAL ESTATE . 159BUREAU OF REAL ESTATE APPRAISERS . 166BOARD OF REGISTERED NURSING . 171RESPIRATORY CARE BOARD . 179BUREAU OF SECURITY AND INVESTIGATIVE SERVICES . 183SPEECH LANGUAGE PATHOLOGY & AUDIOLOGY &HEARING AID DISPENSERS BOARD . 192STRUCTURAL PEST CONTROL BOARD . 197TELEPHONE MEDICAL ADVICE SERVICES BUREAU. 202VETERINARY MEDICAL BOARD . 204BOARD OF VOCATIONAL NURSING AND PSYCHIATRIC TECHNICIANS . 210
Department OverviewOVERVIEW OF THE DIVISION OFLEGISLATIVE AND REGULATORY REVIEWThe Division of Legislative and Regulatory Review’s (Division) primaryresponsibility is managing the Department of Consumer Affairs’ (Department)legislative and regulatory activities. In carrying out this duty, the Division provideslegislative recommendations and regulatory review and recommendations to theDepartment, the Business, Consumer Services, and Housing Agency, and theGovernor. The Division also provides a number of direct legislative and regulatoryservices to the programs of the Department. The Division assists the Departmentand its programs as below.Legislative Analysis and AdvocacyThe Division identifies and analyzes legislation that affects Department licensingand administrative functions as well as general consumer interests. To the extentpossible, the Division works with stakeholders and legislative staff to ensureanalyses are accurate and informative. If the Department receives an approvedposition from the Governor’s office, the Division prepares position letters, and theDeputy Director may provide testimony at committee hearings. The Division is alsoin charge of receiving and helping to respond to constituent inquiries fromlegislative offices.Regulatory Proposal AnalysisThe Division reviews all regulation packages of programs under the Department forpolicy and makes a recommendation to the Director. The Division is alsoresponsible for facilitating the regulation package during the review of the otherdivisions of the Department and providing technical assistance to the programs.Legislative ReportsSince the Department represents consumer interests, it is often tasked withresearching potentially important policy issues by the Legislature and Governor. Itis the Division’s role to research and prepare policy reports in many of thesecases. The Division also prepares a yearly legislative digest of all bills analyzedthat impact the Department, its licensing programs, or consumers.Board and Bureau AssistanceThe Division serves as the Department’s first point of contact for the licensingprograms on policy-related issues. There are numerous situations in which theDivision assists licensing programs including: bureau appointee confirmation, billproposal review, oversight hearing preparation, legislative implementationassistance, and resolution of various policy issues. This role is most critical for thebureaus as they cannot represent themselves to the Legislature without theDepartment, although many of the boards take advantage of the Division’sexpertise on policy issues as well.iii
Policy and ProgramsReview DivisionDeputy DirectorCEARed Exempts / Blue CEA'sArbitration Certification ProgramTelephone Medical Advice ServicesProfessional Fiduciaries BureauExempt, PFB Bureau ChiefComplaint Resolution ProgramCommunicationsDivisionDeputy DirectorExemptDivision of Investigation andEnforcement ProgramsDeputy DirectorExempt*The position count includes 12 positions for the new Bureau of MedicalMarijuana Regulation that are pending Department of Finance approval.Executive Officers, Committee & Commission Members – ALL EXEMPTBoard of AccountancyNaturopathic Medicine CommitteeCEA, BOA Chief of EnforcementBoard of Occupational TherapyAcupuncture BoardBoard of OptometryArchitects BoardOsteopathic Medical BoardAthletic CommissionBoard of PharmacyBoard of Barbering & CosmetologyCEA, BOP Assistant EOBoard of Behavioral SciencesPhysical Therapy BoardBoard of Chiropractic ExaminersPhysician Assistant CommitteeContractor’s State License BoardBoard of Professional Engineers,CEA, CSLB Chief Deputy RegistrarLand Surveyors & GeologyCEA, CSLB Chief of EnforcementBoard of Podiatric MedicineCEA, CSLB Chief of LicensingBoard of PsychologyCEA, CSLB Chief of LegislationBoard of Registered NursingCourt Reporters BoardRespiratory Care BoardDental BoardSpeech-Language Pathology andDental Hygiene CommitteeAudiology & Hearing Aid DispensersBoard of Guide Dogs for the BlindStructural Pest Control BoardLandscape Architects Technical Committee Veterinary Medical BoardMedical Board of CABoard of Vocational Nursing &CEA, MBC Assist Exec. DirectorPsychiatric TechniciansCEA, MBC Enforcement Program ManagerCEA, BVNPT Assistant EOCEA, MBC Chief of LicensingCEA, MBC Chief of LegislationOffice of AdministrativeServicesDeputy DirectorCEAInternal Audit OfficeChiefFebruary 1, 2016Equal EmploymentOpportunity OfficeManagerBoards/Committees/CommissionSpecial AssistantExemptAssist. General CounselExemptBureausBureau of Automotive RepairExempt, BAR ChiefExempt, BAR Assist. ChiefCEA, BAR Deputy Chief, SMOG CheckCEA, BAR Deputy Chief, Field OperationsCEA, BAR Deputy Chief, Licensing & AdminCemetery & FuneralCEA, Cemetery & Funeral ChiefBureau of Electronic & Appliance Repair,Home Furnishing & Thermal InsulationExempt, BEARHFTI ChiefBureau for Private Postsecondary EducationExempt, BPPE ChiefCEA, BPPE Deputy ChiefBureau of Real EstateExempt, BRE CommissionerExempt, BRE Chief Deputy CommissionerExempt, BRE Asst Comm., Legal AffairsCEA, BRE Asst. Comm., EnforcementCEA, BRE Chief AuditorCEA, BRE Licensing & Admin. ServicesCEA, BRE SubdivisionsBureau of Real Estate AppraisersExempt, BREA ChiefCEA, BREA Deputy Director Licensing,Enforcement & Admin. ServicesBureau of Security & Investigative ServicesExempt, BSIS ChiefBureau of Medical Marijuana RegulationExempt, BMMR ChiefExempt, BMMR Deputy ChiefExempt, BMMR Legislation and RegulationExempt, BMMR Public AffairsExempt, BMMR LegalCEA, BMMR LicensingCEA, BMMR EnforcementAssist. Deputy DirectorExemptBoard and Bureau RelationsDeputy DirectorExemptChief Deputy DirectorExemptDirectorExemptLegal Affairs DivisionDeputy DirectorExemptSpecial Assistant to theDirectorExemptLegislative & RegulatoryReview DivisionDeputy DirectorExemptDepartment of Consumer AffairsFY 2015-163450.7* positionsDivision ofInvestigationChiefCEAInformation Security OfficeChiefOffice of InformationServicesDeputy DirectorCEA
Department OverviewDISTINCTION BETWEEN BOARDS AND BUREAUSThe Department consists of 40 different licensing programs, providing licenses in over250 different business and professional categories. The vast majority of these programsare boards, committees, or commissions with a small minority of the programs beingbureaus. While on the surface, these may seem like ”name only” differences, there is avastly different governance structure for a board than there is for a bureau.Board StructureBoards are semi-autonomous entities with an internal governance structure made up ofgovernment appointed board members and may be called committees or commissions.Boards are usually comprised of professional (licensee) members and public members.Board membership can range from seven to as many as 15 members. Day-to-dayoperations of a board are managed by an executive officer selected by the board. If aboard has a policy issue that it wants to address, it can vote to pursue a regulatory orstatutory change. Boards can directly sponsor legislation without prior approval fromany other governing body. By nature, the operations of a board tend to be very publicbecause all decisions are made at public meetings. Most boards have statutory sunsetdates, meaning that if legislature does not extend their effective date, typicallyintroduced every four years to conicide with their legislative sunset date, they cease toexist.Bureau StructureBureaus are a direct extension of the Department and cannot act on policy matterswithout first consulting with the Department. In terms of a bureaucratic structure, policydecisions start at the Bureau level, but must be vetted through the Department, Agency,and finally the Governor’s Office. The Director of the Department supervises andadministers the acts of every bureau, but delegates the authority to a bureau chief, whothen carries out the will of the Director. Policy decisions of a Bureau, as part of theDepartment, are confidential until approval of the administration. Except for the Bureaufor Private Postsecondary Education and the Professional Fiduciaries Bureau, nobureaus have statutory sunset dates; although the Legislature has asked the bureausbe part of the sunset process.v
viPreliminary Activitiesthat lead to Boardapproval andsubmission to OAL.Average of up to1 year.Proposed initialrulemakingoriginates withBoard.LRR reviews andsubmits to DCA’sLegal Division forreview andcomment.Within 2 weeks(Review)Board submits proposedinitial rulemaking file toDCA’s LRR (afternoticing/publishing withOAL).Submitted within1 week of noticing/publishing withOAL.Within 1 day(Submittal)---------Within 1 week(Review)Legal Divisionreturns to LRRfor submittal toExecutive Office.INITIAL PHASEDisapprovalApprovalReturned to LRRfor filing. LRRawaits submissionof final rulemakingfrom Board.LegendDCA – Department of Consumer AffairsLRR – Division of Legislative & Regulatory ReviewOAL – Office of Administrative LawWithin 1 week(Review)LRR submits toExecutive Officefor review andcomment.Basic Regulations Review Process for Boards - TIMELINES
30-60 daysDisapprovalAgencyReviewAfter 45-day commentperiod and prior to1-year OAL deadlineProposed finalregulationoriginates withBoard.viiApprovalLRRWithin 1 week(Review)30-60 daysDOFWithin same dayto 2 weeksApprovalOAL returns to Boardfor regulatory historymaintenance.Within 1-2 days(Submittal to Agency)Returned to LRR forsubmittal to Agency.LegendDCA – Department of Consumer AffairsLRR – Division of Legislative & Regulatory ReviewAgency – Business, Consumer Affairs, and Housing AgencyDOF – Department of FinanceOAL – Office of Administrative Law30 working dayspursuant to GovernmentCodeSection 11349.3(a)OAL ReviewWithin 2 weeks(Review)ApprovalExecutive Office ReviewDisapprovalDisapprovalWithin 1 dayLegal Division returnsto LRR for submittal toDCA’s Executive Officefor review andcomment.Board submits toOAL.Within 1 week(Review)LRR submits to LegalDivision for reviewand comment.ApprovalLegal Divisionsubmits to DCA’sLRR for review andcomment.DCA Budget Office(if fiscal impact)DisapprovalWithin 2 weeks(Review)Board submits finalrulemaking to DCA’sLegal Division.30 working dayspursuant to Business &Professions CodeSection 313.1.(d)FINAL PHASEBasic Regulations Review Process for Boards - TIMELINES
viiiReturned to LRRSame/Next DayTurnaround30-60 daysSubmitted whenBureau is readyto begin DCA/Agency reviewProcess.Bureau submitsproposed initialrulemaking file toDCA’s LRR.Agency ReviewandSign-OffPreliminary Activitiesthat lead to Bureauapproval andsubmission to OAL.Average of up to1 ½ years.Proposedinitialrulemakingoriginates withBureau.Within same weekof LRR returnLRR notifiesBureau to filewith OAL andbegin 45-daycomment period.DOF: 30-60 daysLRR to DOFif applicable.Review Time VariesLRR reviews andsubmits to DCA’sLegal Division forreview.Within 1 dayLegal Divisionreturns to LRR forsubmittal to DCAExecutive Office.INITIAL PHASEWithin 2 weeks(Review)ApprovalWithin 1-2 daysSubmittal to AgencyReturned to LRRfor submittal toAgency.LegendDCA – Department of Consumer AffairsLRR – Division of Legislative & Regulatory ReviewAgency – Business, Consumer Services, and Housing AgencyOAL – Office of Administrative LawDisapprovalExecutive OfficeReviewBasic Regulations Review Process for Bureaus - TIMELINES
ixProposedfinalregulationoriginateswith Bureau.Within same day to2 weeksDisapprovalWithin 1 week(Review)Within 2 weeks(Review)BureauSubmits to OALLegal Divisionsubmits to DCA’sLRR for reviewand comment.Bureau submitsfinal rulemakingto DCA’s LegalDivision.30 working dayspursuant toGovernment CodeSection 11349.3(a)OAL ReviewWithin 1 week(Review)ApprovalLRR submits toLegal Division forreview andcomment.Returned toLRR – LRRreturns toBureau to filewith OAL.LegendDCA – Department of Consumer AffairsLRR – Division of Legislative & Regulatory ReviewAgency – Business, Consumer Services, and Housing AgencyOAL – Office of Administrative LawWithin 2 weeks(Review)ApprovalExecutive OfficeReviewDisapprovalDisapprovalOAL returns to Boardfor regulatory historymaintenanceWithin 1 dayLegal Divisionreturns to LRR forsubmittal to DCA’sExecutive Officefor review andcomment.30 working dayspursuant toB&P Code Section313.1FINAL PHASEBasic Regulations Review Process for Bureaus - TIMELINES
2016 Legislative Resource BookletINFORMATION FOR MEMBERS OF THE MILITARYAND THEIR FAMILIESThe Department of Consumer Affairs (Department) is proud to support members of themilitary and their families in obtaining licensure. The Department offers a number ofunique services for active military, veterans, and military families, including offering anexpedited licensure process and waiving renewal requirements for specific applicantsand licensees. Additional information can be found athttp://www.dca.ca.gov/about dca/military.shtml.Expedited LicensureLicensing programs under the Department are required to expedite the licensure orregistration process for the spouses and domestic partners of active duty militarypersonnel. To qualify, the applicant must already be licensed in another state andprovide proof of marriage, domestic
Governor. The Division also provides a number of direct legislative and regulatory services to the programs of the Department. The Division assists the Department . BVNPT Assistant EO Bureau of Real Estate Appra
