California 2009-2010 Regular Session Status: Enacted

AB 1535 — Audiologists: hearing aids.

Last action — Chaptered by Secretary of State - Chapter 309, Statutes of 2009.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2009. Enacted.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Mixed recorded votes

    9 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, the Speech-Language Pathologists and Audiologists Licensure Act, provides for the licensure and regulation of audiologists by the Speech-Language Pathology and Audiology Board, defines the practice of audiology, and makes a violation of that act a crime. Under existing law, the board is comprised of 3 licensed speech-language pathologists, 3 licensed audiologists, and 3 public members. Existing law, the Hearing Aid Dispensers Licensing Law, provides for the licensure and regulation of hearing aid dispensers, who fit or sell hearing aids, by the Hearing Aid Dispensers Bureau. Existing law exempts audiologists and individuals supervised by audiologists from the hearing aid dispenser licensure requirement if those persons do not directly or indirectly engage in the sale or offering for sale of hearing aids. This bill would define the practice of audiology to include the selling of hearing aids and would also exempt audiologists from the hearing aid dispenser licensure requirements. However, the bill would prohibit a licensed audiologist from selling hearing aids unless he or she has completed an application for a dispensing audiologist certificate, paid all applicable fees, and passed a specified examination approved by the board. The bill would also make various provisions relating to the sale of hearing aids applicable to audiologists, such as, but not limited to, requiring hearing aids sold by catalog or direct mail to meet certain requirements, requiring a specified written receipt to be provided to a purchaser upon the sale of a hearing aid, and requiring specified records pertaining to the sale of a hearing aid to be maintained for 7 years. By making licensed audiologists subject to specified requirements relating to the sale of hearing aids, the violation of which would be a crime, the bill would impose a state-mandated local program. The bill would also abolish the Hearing Aid Dispensers Bureau and would transfer the bureau's duties, powers, purposes, responsibilities, and jurisdiction over the licensing and regulation of hearing aid dispensers to the Speech-Language Pathology and Audiology Board, which would be renamed the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. The bill would also provide for the transfer of funds from the Hearing Aid Dispensers Fund to the Hearing Aid Dispensers Account in the Speech-Language Pathology and Audiology Fund. Under the bill, the board would be comprised of 2 licensed speech-language pathologists, 2 licensed audiologists, one of whom shall be an audiologist that dispenses hearing aids, 2 licensed hearing aid dispensers, and 3 public members. The bill would create the Hearing Aid Dispensing Committee, comprised of specified board members, to review and research the practice of fitting or selling hearing aids and to advise the board about this practice. The bill would require the board, by January 1, 2011, to review specified license fees to assess whether there is adequate revenue to support the board's functions. The bill would make other conforming changes. The bill would incorporate additional changes to Sections 101 and 149 of the Business and Professions Code, proposed by AB 48 and SB 819, to be operative only if this bill and one or both of the other bills are chaptered and become effective on or before January 1, 2010, and this bill is chaptered last. The bill would incorporate additional changes to Sections 2530.2, 3357, 3362, and 3456 of the Business and Professions Code proposed by both this bill and SB 821, to be operative only if SB 821 and this bill are both chaptered and become effective on or before January 1, 2010, and this bill is chaptered last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 309, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 4 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 68. Noes 8. Page 3297.)

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time, passed, and to Assembly. (Ayes 27. Noes 5. Page 2322.)

  7. Read second time. To third reading.

  8. Read third time, amended. To second reading.

  9. Read second time and amended. Ordered to third reading.

  10. From committee: Amend, and do pass as amended. (Ayes 12. Noes 0.) (August 27).

  11. In committee: Placed on Appropriations suspense file.

  12. Read second time, amended, and re-referred to Com. on APPR.

  13. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (July 13).

  14. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

  15. In committee: Set first hearing. Failed passage. Reconsideration granted.

  16. Referred to Com. on B., P. & E.D.

  17. In Senate. Read first time. To Com. on RLS. for assignment.

  18. Read third time, passed, and to Senate. (Ayes 70. Noes 5. Page 1753.)

  19. Read second time. To third reading.

  20. From committee: Do pass. (Ayes 11. Noes 2.) (May 20).

  21. In committee: Hearing postponed by committee.

  22. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 9. Noes 0.) (April 28).

  23. In committee: Hearing postponed by committee.

  24. Re-referred to Com. on B. & P.

  25. From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.

  26. Referred to Com. on B. & P.

  27. Read first time.

  28. From printer. May be heard in committee March 30.

  29. Introduced. To print.

Sponsors

  • Jones · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Jones

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1535 Jones Concurrence in Senate Amendments

Passed 80 Yea · 8 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 74804
Democratic 3000
Republican 3000
Total 80804
% of votes cast 87%9%0%4%
How each member voted (92)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Feuer — Yea
Fuller — Yea
Galgiani — Yea
Gilmore — Yea
Charles — Yea
Hagman — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Cook — Nay
Duvall — Not Voting
Yamada — Yea
Fletcher — Nay
Furutani — Not Voting
Jeffries — Not Voting
Logue — Nay
Anderson — Nay
Bass — Yea
Ma — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Krekorian — Yea
Lieu — Yea
Adams — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Miller — Not Voting
Nielsen — Nay
Villines — Yea
Emmerson — Nay
Eng — Yea
Evans — Yea
DeVore — Nay
Fuentes — Yea
Garrick — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB1535 Jones By Negrete McLeod

Passed 28 Yea · 5 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 25508
Democratic 2000
Republican 1000
Total 28508
% of votes cast 68%12%0%20%
How each member voted (41)
Member Party Vote
Yee — Nay
Hancock — Not Voting
Corbett — Yea
Ducheny — Yea
Dutton — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Cedillo — Not Voting
Runner — Not Voting
Harman — Yea
Hollingsworth — Nay
Benoit — Nay
Leno — Yea
Liu — Yea
McLeod — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Steinberg — Not Voting
Wiggins — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Ashburn — Not Voting
Huff — Yea
Kehoe — Yea
Maldonado — Yea
Oropeza — Not Voting
Simitian — Not Voting
Walters — Yea
Wolk — Not Voting
Cogdill — Yea
Correa — Nay
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
Yee — Not Voting
Wyland — Yea
Hancock — Yea
Runner — Yea
Corbett — Yea
Oropeza — Yea
Kehoe — Yea
Leno — Yea
Price — Yea
Walters — Yea
Wolk — Yea
Cox — Yea
Denham — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Yea
Runner — Yea
Hancock — Yea
Corbett — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Walters — Yea
Wolk — Yea
Price — Yea
Cox — Yea
Denham — Yea

Official roll call →

Do pass as amended, and re-refer to the Committee on Appropriations.

Passed 7 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7202
Total 7202
% of votes cast 64%18%0%18%
How each member voted (11)
Member Party Vote
Yee — Nay
Wyland — Yea
Negrete — Yea
McLeod — Yea
Oropeza — Not Voting
Romero — Yea
Walters — Yea
Aanestad — Nay
Corbett — Yea
Correa — Not Voting
Florez — Yea

Official roll call →

Do pass, but re-refer to the Committee on Appropriations.

Failed 4 Yea · 3 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 4304
Total 4304
% of votes cast 36%27%0%36%
How each member voted (11)
Member Party Vote
Yee — Nay
Wyland — Not Voting
Florez — Yea
Corbett — Yea
Negrete — Not Voting
McLeod — Not Voting
Oropeza — Not Voting
Romero — Yea
Walters — Nay
Aanestad — Nay
Correa — Yea

Official roll call →

AB 1535 JONES Assembly Third Reading

Passed 82 Yea · 5 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 74505
Democratic 5000
Republican 3000
Total 82505
% of votes cast 89%5%0%5%
How each member voted (92)
Member Party Vote
Beall — Yea
Blakeslee — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Coto — Yea
Davis — Yea
Evans — Yea
Feuer — Yea
Furutani — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hernandez — Yea
Hill — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Gaines — Nay
Duvall — Not Voting
Harkey — Not Voting
Huffman — Yea
Jeffries — Nay
Knight — Yea
Anderson — Nay
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Nestande — Not Voting
Price — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Bass — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Krekorian — Yea
Logue — Yea
Ma — Yea
Nielsen — Nay
Silva — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Cook — Not Voting
Emmerson — Nay
Eng — Yea
DeVore — Not Voting
Yamada — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 15 Yea · 3 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 14203
Democratic 1000
Republican 0100
Total 15303
% of votes cast 71%14%0%14%
How each member voted (21)
Member Party Vote
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Fuentes — Yea
Harkey — Not Voting
Ammiano — Yea
Duvall — Not Voting
Miller — Not Voting
Nielsen — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Price — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 9 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 8004
Republican 1000
Total 9004
% of votes cast 69%0%0%31%
How each member voted (13)
Member Party Vote
John — Not Voting
A. — Not Voting
Perez — Not Voting
Hayashi — Yea
Hernandez — Yea
Ruskin — Yea
Smyth — Yea
Nava — Yea
Price — Not Voting
Conway — Yea
Emmerson — Yea
Eng — Yea
Niello, Roger W. Republican Yea

Official roll call →

Subjects

healthcare labor
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Frequently asked questions

What does AB 1535 do?
Existing law, the Speech-Language Pathologists and Audiologists Licensure Act, provides for the licensure and regulation of audiologists by the Speech-Language Pathology and Audiology Board, defines the practice of audiology, and makes a violation of that act a crime. Under existing law, the board is comprised of 3 licensed speech-language pathologists, 3 licensed audiologists, and 3 public members. Existing law, the Hearing Aid Dispensers Licensing Law, provides for the licensure and regulation of hearing aid dispensers, who fit or sell hearing aids, by the Hearing Aid Dispensers Bureau. Existing law exempts audiologists and individuals supervised by audiologists from the hearing aid dispenser licensure requirement if those persons do not directly or indirectly engage in the sale or offering for sale of hearing aids. This bill would define the practice of audiology to include the selling of hearing aids and would also exempt audiologists from the hearing aid dispenser licensure requirements. However, the bill would prohibit a licensed audiologist from selling hearing aids unless he or she has completed an application for a dispensing audiologist certificate, paid all applicable fees, and passed a specified examination approved by the board. The bill would also make various provisions relating to the sale of hearing aids applicable to audiologists, such as, but not limited to, requiring hearing aids sold by catalog or direct mail to meet certain requirements, requiring a specified written receipt to be provided to a purchaser upon the sale of a hearing aid, and requiring specified records pertaining to the sale of a hearing aid to be maintained for 7 years. By making licensed audiologists subject to specified requirements relating to the sale of hearing aids, the violation of which would be a crime, the bill would impose a state-mandated local program. The bill would also abolish the Hearing Aid Dispensers Bureau and would transfer the bureau's duties, powers, purposes, responsibilities, and jurisdiction over the licensing and regulation of hearing aid dispensers to the Speech-Language Pathology and Audiology Board, which would be renamed the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. The bill would also provide for the transfer of funds from the Hearing Aid Dispensers Fund to the Hearing Aid Dispensers Account in the Speech-Language Pathology and Audiology Fund. Under the bill, the board would be comprised of 2 licensed speech-language pathologists, 2 licensed audiologists, one of whom shall be an audiologist that dispenses hearing aids, 2 licensed hearing aid dispensers, and 3 public members. The bill would create the Hearing Aid Dispensing Committee, comprised of specified board members, to review and research the practice of fitting or selling hearing aids and to advise the board about this practice. The bill would require the board, by January 1, 2011, to review specified license fees to assess whether there is adequate revenue to support the board's functions. The bill would make other conforming changes. The bill would incorporate additional changes to Sections 101 and 149 of the Business and Professions Code, proposed by AB 48 and SB 819, to be operative only if this bill and one or both of the other bills are chaptered and become effective on or before January 1, 2010, and this bill is chaptered last. The bill would incorporate additional changes to Sections 2530.2, 3357, 3362, and 3456 of the Business and Professions Code proposed by both this bill and SB 821, to be operative only if SB 821 and this bill are both chaptered and become effective on or before January 1, 2010, and this bill is chaptered last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 1535?
AB 1535 is sponsored by Jones.
What is the current status of AB 1535?
This bill has been enacted into law. Introduced February 27, 2009. Enacted.
Where can I track AB 1535?
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