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
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|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 |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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
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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):
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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;
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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.
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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.
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Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301
FN: 0005868