BILL NUMBER: AB 2837 CHAPTERED 09/28/06 CHAPTER 581 FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2006 APPROVED BY GOVERNOR SEPTEMBER 28, 2006 PASSED THE ASSEMBLY AUGUST 29, 2006 PASSED THE SENATE AUGUST 23, 2006 AMENDED IN SENATE AUGUST 16, 2006 AMENDED IN SENATE AUGUST 8, 2006 AMENDED IN ASSEMBLY JUNE 20, 2006 AMENDED IN ASSEMBLY JUNE 8, 2006 AMENDED IN ASSEMBLY MAY 11, 2006 AMENDED IN ASSEMBLY APRIL 18, 2006 INTRODUCED BY Assembly Member Baca FEBRUARY 24, 2006 An act to add Section 44265.3 to the Education Code, and to amend Section 14132.06 of the Welfare and Institutions Code, relating to speech-language pathologists, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 2837, Baca Medi-Cal: local educational agency services: speech-language pathologists. Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Services, pursuant to which medical benefits are provided to eligible low-income persons. Existing law covers specified local educational agency services under the Medi-Cal program, including speech pathology and audiology services, and certain targeted case management services for children with an individualized education plan (IEP), an individualized family service plan (IFSP), or an individualized health and support plan (IHSP) provided on and after July 1, 1997, are covered under the Medi-Cal program. This bill would revise the authorization for providing speech pathology services to specify the qualifications required for a provider of these services. The bill would also revise the provisions relating to targeted case management services, to delete the reference to the IFSP, and to delete the July 1, 1997, date after which the remaining programs were required to be provided. The bill would also remove the reference to the IFSP in a related billing provision. Existing law establishes in state government the Commission on Teacher Credentialing and requires the commission, among other things, to issue teaching and services credentials. This bill would require the commission, commencing January 1, 2007, to issue preliminary and professional clear credentials in speech-language pathology to qualified individuals, in accordance with criteria specified in the bill. The bill would give the holder of a credential issued on or before January 1, 2007, the option of renewing the existing credential or updating the credential to satisfy the requirements of the bill. The bill would make the credentialing provisions operative when the Attorney General issues an opinion holding that the credential requirements in the bill are equivalent to the requirements of a specified provision of federal law. This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 44265.3 is added to the Education Code, to read: 44265.3. (a) Commencing January 1, 2007, the Commission on Teacher Credentialing shall issue the following credentials: (1) A preliminary credential in speech-language pathology, to an individual who has been recommended by a commission-accredited program sponsor and who holds or has been recommended for a master's degree in speech-language pathology from a program accredited by the American Speech-Language-Hearing Association's Council on Academic Accreditation. The preliminary credential shall be valid for a period of two years. (2) A professional clear credential in speech-language pathology to an individual who satisfies all of the following criteria: (A) The individual holds a master's degree in speech-language pathology from a program accredited by the American Speech-Language-Hearing Association's Council on Academic Accreditation, or an equivalent degree or academic program, as determined by the American Speech-Language-Hearing Association. (B) The individual has achieved a passing score, as determined by the American Speech-Language-Hearing Association's certification requirements on the Educational Testing Service's national teachers' Praxis series written test in speech-language pathology or a successor exam. (C) The individual has completed a mentored practical experience period, in the form of a 36-week, full-time mentored clinical experience, or an equivalent supervised practicum, as deemed by the commission. (D) The individual satisfies other typical commission credentialing processing requirements, including, but not limited to, forms, fees, and fingerprint clearances. (b) It is the intent of the Legislature in enacting this section to align the state credentialing requirements for personnel standards for California speech-language pathologists with standards for Medi-Cal local educational agency reimbursement, in order to ensure continued funding for the Local Education Agency (LEA) Medi-Cal Billing Option Program. (c) A credential issued by the Commission on Teacher Credentialing on or before January 1, 2007, authorizing speech, language, and hearing services, shall continue to be valid, subject to commission renewal requirements. (d) Upon renewal of a credential initially issued on or before January 1, 2007, the credentialholder shall have the option of renewing the credential under the standards applicable prior to January 1, 2007, or to update the credential to satisfy the requirements of subdivision (a). At any time after January 1, 2007, the credentialholder may update his or her credential, upon submission of an application and fee, and verification of requirements met in accordance with subdivision (a). (e) To the extent allowable, as determined by the federal government, services provided by an individual with a credential for speech-language pathology, as specified in this section, shall be billable through the LEA Medi-Cal Billing Option Program. SEC. 2. Section 14132.06 of the Welfare and Institutions Code is amended to read: 14132.06. (a) Services specified in this section that are provided by a local educational agency are covered Medi-Cal benefits, to the extent federal financial participation is available, and subject to utilization controls and standards adopted by the department, and consistent with Medi-Cal requirements for physician prescription, order, and supervision. (b) Any provider enrolled on or after January 1, 1993, to provide services pursuant to this section may bill for those services provided on or after January 1, 1993. (c) Nothing in this section shall be interpreted to expand the current category of professional health care practitioners permitted to directly bill the Medi-Cal program. (d) Nothing in this section is intended to increase the scope of practice of any health professional providing services under this section or Medi-Cal requirements for physician prescription, order, and supervision. (e) (1) For the purposes of this section, the local educational agency, as a condition of enrollment to provide services under this section, shall be considered the provider of services. A local educational agency provider, as a condition of enrollment to provide services under this section, shall enter into, and maintain, a contract with the department in accordance with guidelines contained in regulations adopted by the director and published in Title 22 of the California Code of Regulations. (2) Notwithstanding paragraph (1), a local educational agency providing services pursuant to this section shall utilize current safety net and traditional health care providers, when those providers are accessible to specific schoolsites identified by the local educational agency to participate in this program, rather than adding duplicate capacity. (f) For the purposes of this section, covered services may include all of the following local educational agency services: (1) Health and mental health evaluations and health and mental health education. (2) Medical transportation. (3) Nursing services. (4) Occupational therapy. (5) Physical therapy. (6) Physician services. (7) Mental health and counseling services. (8) School health aide services. (9) Speech pathology services. These services may be provided by either of the following: (A) A licensed speech pathologist. (B) A credentialed speech-language pathologist, to the extent authorized by Chapter 5.3 (commencing with Section 2530) of Division 2 of the Business and Professions Code. (10) Audiology services. (11) Targeted case management services for children with an individualized education plan (IEP) or an individualized family service plan (IFSP). (g) Local educational agencies may, but need not, provide any or all of the services specified in subdivision (f). (h) For the purposes of this section, "local educational agency" means the governing body of any school district or community college district, the county office of education, a state special school, a California State University campus, or a University of California campus. (i) Any local educational agency provider enrolled to provide service pursuant to this section on January 1, 1995, may bill for targeted case management services for children with an individualized education plan (IEP) or an individualized family service plan (IFSP), provided on or after January 1, 1995. (j) Notwithstanding any other provision of law, a community college district, a California State University campus, or a University of California campus, consistent with the requirements of this section, may bill for services provided to any student, regardless of age, who is a Medi-Cal recipient. SEC. 3. Section 44265.3 of the Education Code, as added by Section 1 of this act, shall become operative on the date that the Attorney General issues an opinion holding that the new certifications by the Commission on Teacher Credentialing for the professional clear credential provided for under paragraph (2) of subdivision (a) of that section are equivalent for purposes of federal law provided in paragraph (2) of subdivision (c) of Section 440.110 of Title 42 of the Code of Federal Regulations. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure that school districts continue to receive federal funding under the Medi-Cal program for speech therapy services provided to students, commencing July 1, 2006, it is necessary that this act take effect immediately.