Current Legislative Updates and Board Legislative Positions

2021 LEGISLATIVE UPDATES

The Speech-Language Pathology & Audiology & Hearing Aid Dispensers Board (Board) took the following positions on pending legislation in 2021.


AB 29 (Cooper) State bodies: meetings.

Status: 5/25/2021-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 4/21/2021)(May be acted upon Jan 2022)

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) Licensure: veterans and military spouses.

Status: 5/24/2021-Read second time. Ordered to third reading.

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 applicantís knowledge. This bill 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 a board to issue a temporary license within 30 days of receiving the required documentation if the results of a criminal background check do not show grounds for denial.

Position: Oppose Unless Amended


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

Status: 5/25/2021-Read second time. Ordered to third reading.

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 6 months of separation from active duty under other-than-dishonorable conditions, and an applicant who supplies evidence satisfactory to the board that the applicant is 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 435 (Mullin) Hearing aids: locked programming software: notice.

Status: 5/12/2021-Referred to Com. on B., P. & E.D.

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

Status: 5/27/2021-Read third time. Passed. Ordered to the Senate.

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) Special education: assistive technology devices.

Status: 5/7/2021-Failed Deadline pursuant to Rule 61(a)(3). (Last location was ED. on 2/18/2021)(May be acted upon Jan 2021)

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) Department of Consumer Affairs: boards: expunged convictions.

Status: 5/25/2021-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 4/21/2021)(May be acted upon Jan 2022)

Summary: Would require a board within the Department of Consumer Affairs that has posted on its internet website that a personís 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 the boardís internet website. The bill would require the board, on receiving an expungement order, if the person is not currently licensed and does not reapply for licensure, to remove within the same period the initial posting on its internet website that the personís license was revoked and information previously posted regarding arrests, charges, and convictions. The bill would authorize the board to charge a fee to the person, not to exceed the cost of administering the billís provisions.

Position: Watch


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

Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was G.O. on 2/25/2021)(May be acted upon Jan 2022)

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) Business licenses: veterans.

Status: 5/25/2021-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 5/5/2021)(May be acted upon Jan 2022)

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

Status: 5/24/2021-Read second time. Ordered to third reading.

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

Status: 5/25/2021-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 5/19/2021)(May be acted upon Jan 2022)

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


SB 607 (Roth) Professions and vocations.

Status: 5/24/2021-Read second time. Ordered to third reading.

Summary: 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 would require a board to waive all fees associated with the application and initial license for an applicant who meets these expedited licensing requirements.

Position: Watch


SB 731 (Durazo) Criminal records: relief.

Status: 5/24/2021-Read second time. Ordered to third reading.

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) Professions and vocations: citations: minor violations.

Status: 4/30/2021-Failed Deadline pursuant to Rule 61(a)(2). (Last location was B., P. & E.D. on 3/3/2021)(May be acted upon Jan 2022)

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