BILL ANALYSIS                                                                                                                                                                                                    

                                                                  SB 1489
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          SB 1489 (Business, Professions and Economic Development  
          As Amended  June 17, 2010
          Majority vote 

           SENATE VOTE  :30-0  
           BUSINESS & PROFESSIONS     11-0 APPROPRIATIONS      17-0        
          |Ayes:|Hayashi, Conway, Eng,     |Ayes:|Fuentes, Conway,          |
          |     |Hernandez,                |     |Bradford,                 |
          |     |Hill, Ma, Nava, Niello,   |     |Charles Calderon, Coto,   |
          |     |Ruskin,                   |     |Davis,                    |
          |     |Smyth, Nestande           |     |De Leon, Gatto, Hall,     |
          |     |                          |     |Harkey, Miller,           |
          |     |                          |     |Nielsen, Norby, Skinner,  |
          |     |                          |     |Solorio,                  |
          |     |                          |     |Torlakson, Torrico        |
          |     |                          |     |                          |
           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 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  


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               (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; 

             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. 


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          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  

               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. 


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          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;  

             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  


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          6) Establishes the BBS for the licensure and regulation of  
             psychologists, MFTs, clinical social workers, and LPCCs.

           FISCAL EFFECT  :   According to the Assembly Appropriations  
          Committee analysis, no direct fiscal impact is created by the  
          provisions of this bill.

           COMMENTS  :   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 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.  

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

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