BILL ANALYSIS �
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THIRD READING
Bill No: AB 1454
Author: Solorio (D)
Amended: 8/6/12 in Senate
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMM. : 5-0, 6/27/12
AYES: Lieu, DeSaulnier, Leno, Padilla, Yee
NO VOTE RECORDED: Wyland, Runner
SENATE APPROPRIATIONS COMMITTEE : 5-2, 8/6/12
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NOES: Walters, Dutton
ASSEMBLY FLOOR : 46-22, 4/23/12 - See last page for vote
SUBJECT : Workers compensation: audiologists
SOURCE : Author
DIGEST : This bill includes doctors of audiology who meet
specified requirements among those medical professions who
may be appointed by the Administrative Director of the
Division of Workers' Compensation within the Department of
Industrial Relations as a qualified medical evaluator.
ANALYSIS : Existing law establishes a workers'
compensation system that provides benefits to an employee
who suffers from an injury or illness that arises out of
and in the course of employment, irrespective of fault.
This system requires all employers to secure payment of
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benefits by either securing the consent of the Department
of Industrial Relations to self-insure or by securing
insurance against liability from an insurance company duly
authorized by the state.
Existing law defines "physician" to include physicians and
surgeons holding an Doctor of Medicine (M.D.) or Doctor of
Osteopathy (D.O.) degree, psychologists, acupuncturists,
optometrists, dentists, podiatrists, and chiropractic
practitioners licensed by California state law and within
the scope of their practice as defined by California state
law.
Existing law provides that the Administrative Director of
the Division of Workers' Compensation must appoint QMEs as
required for evaluation of medical-legal issues. The
Administrative Director must appoint physicians, as defined
above, to be QMEs, and provides relevant requirements for
each specialty in order to be appointed as a QME. These
include:
Prior to his/her appointment as a qualified medical
evaluator, passes an examination written and
administered by the Administrative Director for the
purpose of demonstrating competence in evaluating
medical-legal issues in the workers' compensation
system;
Devotes at least one-third of total practice time to
providing direct medical treatment, or has served as an
agreed medical evaluator on eight or more occasions in
the 12 months prior to applying to be appointed as a
qualified medical evaluator;
Certain specified requirements for medical doctors,
chiropractors, and psychologists.
Existing law provides requirements for licensure as an
audiologist, which include possessing a doctorate in
audiology earned from an educational institution approved
by the Speech-Language Pathology and Audiology and Hearing
Aid Dispensers Board (Board). Additional requirements of
licensure applicants include:
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Submit evidence of no less than 12 months of
satisfactorily completed supervised professional
full-time experience or its part-time equivalent; and
Pass an examination or examinations approved by the
Board.
This bill includes doctors of audiology who meet specified
requirements among those medical professions who may be
appointed by the Administrative Director of the Division of
Workers' Compensation within the Department of Industrial
Relations as a qualified medical evaluator.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, $135,000
in 2012-13 and 2013-14 from the Workers' Compensation
Administrative Revolving Fund to create and administer
examinations. Up to $35,000 annually thereafter for exam
administration; all costs offset by fees.
SUPPORT : (Verified 8/8/12)
California Academy of Audiology
California Chiropractic Association
California Speech-Language Hearing Association
Service Employees International Union
Voters Injured at Work
ARGUMENTS IN SUPPORT : Proponents note that, under
existing law, a wide variety of medical practitioners can
already serve as QMEs: psychologists, acupuncturists,
optometrists, dentists, podiatrists and chiropractors, as
well as medical doctors. Proponents argue that it makes
sense to include audiologists in that list, as California's
workforce ages and hearing loss becomes a larger challenge.
Proponents also argue that the professional requirements
in this bill will ensure that highly trained audiologists
that are experts in studying hearing loss are examining
injured workers. Finally, proponents note that
audiologists are already recognized as treating
practitioners by both federal and state governments.
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ASSEMBLY FLOOR : 46-22, 4/23/12
AYES: Alejo, Ammiano, Atkins, Beall, Block, Blumenfield,
Bonilla, Bradford, Buchanan, Butler, Campos, Carter,
Chesbro, Dickinson, Eng, Feuer, Fong, Galgiani, Gatto,
Gordon, Hall, Hayashi, Roger Hern�ndez, Hill, Huber,
Hueso, Huffman, Lara, Bonnie Lowenthal, Ma, Mendoza,
Mitchell, Monning, Norby, Pan, Perea, V. Manuel P�rez,
Portantino, Skinner, Solorio, Swanson, Torres,
Wieckowski, Williams, Yamada, John A. P�rez
NOES: Achadjian, Bill Berryhill, Conway, Donnelly, Beth
Gaines, Garrick, Gorell, Grove, Hagman, Harkey, Jeffries,
Jones, Knight, Logue, Mansoor, Miller, Morrell, Nielsen,
Olsen, Silva, Valadao, Wagner
NO VOTE RECORDED: Allen, Brownley, Charles Calderon,
Cedillo, Cook, Davis, Fletcher, Fuentes, Furutani,
Halderman, Nestande, Smyth
PQ:d 8/8/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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