BILL ANALYSIS
SB 1489
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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;
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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:
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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;
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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
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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
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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