Incorporation of standards by reference into agency administrative rules and various changes to laws administered or enforced by the Department of Safety and Professional Services and credentialing boards (suggested as remedial legislation by the Department of Safety and Professional Services)

This bill deletes the requirement that the agency state that the standards are on file at the offices of the agency and instead requires only that the agency state that the standards are on file at the Legislative Reference Bureau.

Regulation of private postsecondary schools Under current law, DSPS regulates most private postsecondary schools, including trade schools and for-profit colleges. Among its responsibilities, DSPS inspects and approves these schools and courses of instruction offered by these schools. DSPS also issues permits for, and otherwise regulates, the solicitation of students for courses at these schools. DSPS must investigate the adequacy of courses and courses of instruction offered by these schools and approve courses of instruction meeting standards established by DSPS. Current law defines a “course of instruction" as a series of classroom or correspondence courses having a unified purpose which lead to a diploma or degree or to an occupational or vocational objective. A “course" is defined as an organized unit of subject matter in which instruction is offered within a given period of time or that covers a specified amount of related subject matter.

This bill defines “program” to incorporate the current definitions of “course” and “course of instruction” and substitutes the term “program” for “course” and “course of instruction” in various statutory provisions relating to the regulation of these private postsecondary schools.

Appraisal management companies Current law prohibits a licensed appraisal management company (AMC) from removing an independent appraiser from its appraiser panel unless certain conditions apply. However, an exception to this prohibition provides that it does not apply within the first 60 days after a licensed AMC adds an independent appraiser to the licensed AMC's appraiser panel. This bill eliminates this exception to this prohibition.

Also under current law, DSPS may deny a license to, or take disciplinary action against, an AMC on various grounds, including if the AMC, or a controlling individual of the AMC, has had a denial of, or disciplinary action involving, a license or other credential to act as an appraiser in any state, unless that credential was later granted or reinstated. The bill modifies this provision so that it applies if the AMC or individual has had a denial of, or disciplinary action involving, a license or other credential to act as an AMC in any state.

Credential renewals Currently, most professional credentials issued by DSPS and the credentialing boards in DSPS are subject to periodic renewal. Current law also generally provides that when a licensee has made timely and sufficient application for the renewal of a credential, the credential does not expire until the application has been finally acted upon by the agency.

This bill clarifies, for purposes of a renewal of a credential issued by DSPS or a credentialing board in DSPS, that an applicant has made timely and sufficient application for the renewal only when the applicant has submitted all forms and other documentation required for the renewal of that credential.

Regulation of public swimming pools Under current law, DSPS approves plans and specifications for constructing, altering, or reconstructing “public swimming pools,” which are defined as certain structures. This bill clarifies that, to satisfy the definition, a structure must be used for swimming, therapy, training, or water recreation.

Certificates to practice respiratory care This bill changes, for purposes of eligibility for a certificate to practice respiratory care, the name of the accrediting bodies for respiratory care courses of instruction.

For further information, see the Notes provided by the Law Revision Committee of the Joint Legislative Council.