BILL ANALYSIS                                                                                                                                                                                                    

                                                                  SB 1489
                                                                  Page  1

          Date of Hearing:   June 29, 2010

                                 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  

             e)   Clarifies supervisory contact requirements for a MFT  

             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  

             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  

             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  


                                                                  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  

             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  

          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  

          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  


          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.  

          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.

          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. 

          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


          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. 


          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.


          California State Board of Pharmacy 
          Board of Behavioral Sciences 
          Board of Optometry 
          Medical Board of California
          None on file. 

           Analysis Prepared by  :    Joanna Gin / B.,P. & C.P. / (916)