BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1489
                                                                  Page  1

          SENATE THIRD READING
          SB 1489 (Business, Professions and Economic Development)
          As Amended  August 12, 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  
               (LPCC) must perform his or her postdegree hours, from a  
               clinical mental health counseling setting to a setting that  








                                                                  SB 1489
                                                                  Page  2

               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; 

             g)   Grandfathers LPCCs licensed prior to 1996 if the  
               applicant has three semester units or four and one-half  
               quarter units of supervised practicum or field study  
               experience.

             h)   Amends the LPCC unprofessional conduct provisions to  
               include all supervisees; 

             i)   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; 

             j)   Conforms the professional experience requirements of  
               LPCC interns with other BBS licensees; 

             aa)  Clarifies requirements for applicants who have held an  
               out-of-state license for at least two years; 

             bb)  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, 

             cc)  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)Makes the following changes pertaining to the Speech-Language  
            Pathology and Audiology and Hearing Aid Dispensers Board  
            (SLPAB): 









                                                                  SB 1489
                                                                 Page  3

             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: 

               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.

             c)   Prohibits a licensed audiologist who surrenders his or  
               her license from selling hearing aids; and, 
             
             d)   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 to the California Board of  
            Pharmacy (CBP):

             a)   Allows an 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 notice 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 notice system with  
               the CBP by July 1, 2011, or within 60 days of initial  
               licensure, whichever is later, and to update its e-mail  
               address with CBP's e-mail notification list within 30 days  
               of any change; 

             b)   Reestablishes previously codified provisions requiring  
               remedial education after an applicant for a pharmacist  
               license has failed the qualifying examination four or more  
               times; 








                                                                  SB 1489
                                                                  Page  4


             c)   Exempts long-term health care facilities from specified  
               prescription drug label regulations if the prescriptions  
               are administered by a licensed health care professional or  
               authorized by CBP, as specified; and, 

             d)   Makes technical and clarifying changes. 

          5)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.

          6)Makes the following changes to the Medical Board of California  
            (MBC):

             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  
             MBC. 

          3) Establishes the Optometry Practice Act, which provides for  
             the licensure and regulation of optometrists by the CSBO. 








                                                                  SB 1489
                                                                  Page  5


          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, 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.  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.  

          Recent amendments would grandfather LPCCs licensed prior to  
          1996.  BBS has indicated that LPCCs licensed prior to 1996 were  
          required to only complete three semester units or four and  
          one-half quarter units of practicum, instead of six semester  
          units or nine quarter units of supervised practicum or field  
          study as initially proposed by this bill.  Without these  
          amendments, LPCCs licensed prior to 1996, who have practiced in  
          other states or earned doctorate degrees, would be ineligible  
          for licensure. 

          In addition, language to exempt long-term health care facilities  
          from specified prescription drug label regulations when  
          prescriptions are administered by a licensed health care  
          professional or authorized by CBP, were contained in a broader  
          bill, SB 1390 (Corbett) which failed passage in policy committee  
          after it was gutted and amended to address other issues. 










                                                                  SB 1489
                                                                  Page  6

           Analysis Prepared by  :    Joanna Gin / B.,P. & C.P. / (916)  
          319-3301 


                                                                FN: 0005868