BILL ANALYSIS SB 1489 Page 1 Date of Hearing: June 29, 2010 ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER PROTECTION Mary Hayashi, Chair SB 1489 (Business, Professions and Economic Development) - As Amended: June 17, 2010 SENATE VOTE : 30-0 SUBJECT : Healing arts. SUMMARY : Makes technical changes to various provisions of the health-related regulatory boards of the Department of Consumer Affairs (DCA). Specifically, this bill : 1)Makes the following changes to the Board of Behavioral Sciences (BBS): a) Deletes obsolete provisions and makes technical and clarifying changes; b) Clarifies the marriage and family therapist (MFT) licensing requirements for applicants holding a MFT license of any state at the time of application; c) Makes conforming changes that allow associate clinical social workers (ACSWs) to obtain weekly direct supervisor contact via videoconferences in specified settings, and removes the limit on the number of hours credited; d) Revises the setting that an applicant applying for licensure as a licensed professional clinical counselor (LPCC) must perform his or her postdegree hours, from a clinical mental health counseling setting to a setting that provides mental health counseling or psychotherapy and oversight; e) Clarifies supervisory contact requirements for a MFT intern; f) Conforms the definition of unprofessional conduct as it relates to the practice of LPCCs to make it consistent with other BBS licenses; SB 1489 Page 2 g) Amends the LPCC unprofessional conduct provisions to include all supervisees; h) Allows the BBS to deny, suspend, or revoke the registration or license of any intern or LPCC whose license, registration, or certificate as a clinical social worker, educational psychologist, or MFT has been suspended revoked; i) Conforms the professional experience requirements of LPCC interns with other BBS licensees; j) Clarifies requirements for applicants who have held an out-of-state license for at least two years; aa) Conforms the LPCC licensing law relating to applicants that have held an out-of-state license for less than two years to make it consistent with other BSS licensees; and, bb) Allows the BBS to deny, suspend or revoke the registration or license of an intern or LPPC for failure to comply with the delivery of healthcare via telemedicine. 2)Makes technical and clarifying changes pertaining to the California Board of Occupational Therapy (CBOT). 3)Adds visible evidence of significant cerumen (earwax) accumulation or a foreign body in the ear canal, and pain or discomfort in the ear, to the list of conditions when a licensed hearing aid dispenser shall suggest to a prospective hearing aid user, in writing, to consultant a licensed physician, as specified. 4)Makes the following changes pertaining to the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board (SLPAB): a) Defines a "dispensing audiologist" as a person who is authorized to sell hearing aids pursuant to his or her audiology license; b) Requires the SLPAB to issue a dispensing audiology license to the following individuals, upon completion of the appropriate applications, examinations, and payment of fees: SB 1489 Page 3 i) An audiologist, upon the expiration of his or her license to sell hearing aids, a dispensing audiology license; and, ii) A licensed hearing aid dispenser who meets the qualifications of an audiologist; and, c) Prohibits a licensed audiologist who surrenders his or her license from selling hearing aids. 5)Makes the following changes to the California Board of Pharmacy (CBP): a) Allows a owner of two or more facilities licensed by the CBP to satisfy the requirement to join the CBP's e-mail notification list by subscribing a single e-mail address, maintaining an electronic notification system registered with the CBP, and immediately forwarding the same notice to all its licensed facilities. Requires an owner choosing to comply with the requirements by registering the noftification system with the CBP by July 1, 2011, or within 60 days of initial licensure, whichever is later; b) Reestablishes previously codified provisions requiring remedial education after an applicant for a pharmacist license has failed the qualifying examination four or more times; and, c) Makes technical and clarifying changes. 6)Makes the following changes to the California State Board of Optometry (CSBO): a) Clarifies that applicants for licensure must pass two examinations; and, b) Clarifies license renewal requirements, including for licenses delinquent for three or more years. 7)Makes the following changes to the Medical Board of California (MBC): a) Reinstates specified postgraduate training requirements for licensure; SB 1489 Page 4 b) Allows the MBC to consider an applicant's out-of-state license when reviewing written examination scores required for licensure; c) Requires annual reports regarding midwives to be made by March 30, April 30, and July 30, respectively, and requires a midwife to report additional information specific to California cases; and, d) Makes technical and clarifying changes. EXISTING LAW : 1) Provides for the licensure and regulation of various professions and businesses under the DCA. 2) Establishes the Medical Practice Act, which provides for the licensure and regulation of physicians and surgeons by the MBC. 3) Establishes the Optometry Practice Act, which provides for the licensure and regulation of optometrists by the CSBO. 4) Establishes the Occupational Therapy Practice Act, which provides for the licensure and regulation of occupational therapists by the CBOT. 5) Establishes the Pharmacy Law, which provides for the licensure and regulation of pharmacists and pharmacies by the CBP. 6) Establishes the BBS for the licensure and regulation of psychologists, MFTs, LCSWs, and LPCCs. FISCAL EFFECT : Unknown COMMENTS : Purpose of this bill . This bill is one of three committee bills authored by the Senate Business, Professions and Economic Development Committee that are intended to consolidate a number of provisions related to various health-related regulatory programs governed by the Business and Professions Code, and generally located within the DCA. Consolidating the provisions SB 1489 Page 5 in one bill is designed to relieve the various licensing boards from the necessity and burden of having separate measures for a number of non-controversial revisions. Many of the provisions make technical and clarifying changes, while other provisions are substantive changes which are intended to improve the ability of the various licensing programs to efficiently and effectively administer their respective licensing laws. However, as a committee bill, if controversy or opposition should arise regarding any provision that cannot be resolved, then that provision will be removed from the bill. Background . The following is background and reasons given by the affected boards and professions for the provisions in this measure. BBS According to the BBS, new legislation establishing the licensure and regulation of LPCCs is the reason for the majority of the proposed amendments to add clarity and consistency to the licensing law. CBOT According to the CBOT, existing law provides for a loan to the CBOT from the General Fund. Since the loan has been made and repaid, this section no longer applies and is unnecessary. CBP According to the CBP, to keep Pharmacy Law current and to better serve licensees and consumers, the CBP finds it necessary to update outdated references. CSBO According to the CSBO, current law does not specify that certifying completion of optometric continuing education is a requirement of license renewal for optometrists in California. Current law also needs clarity on the requirements for licensure renewal for optometrists who fail to renew their license within three years after a license expires. SB 1489 Page 6 MBC According to the MBC, current law does not specifically disclose information related to a specified court order. The MBC includes such court orders in its disclosure as it is important for public protection, but has become aware that it is not in the list of items to disclose. The MBC also asserts that the Business and Professions Code contains references to licensing exams no longer administered by the MBC and divisions that no longer exist within the MBC. SLPAB The proposed amendments eliminate the need for audiologists to hold both a hearing aid dispensers license and an audiology license in order to sell hearing aids in the state and will remove duplicative administrative processes on the part of the SLPAB (i.e., issuing additional certifications to licensed audiologists who sell hearing aids). The proposed changes will result in a cost savings to the SLPAB by eliminating redundant administrative processes. REGISTERED SUPPORT / OPPOSITION : Support California State Board of Pharmacy Board of Behavioral Sciences Board of Optometry Medical Board of California Opposition None on file. Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916) 319-3301