BILL NUMBER: AB 2191 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 18, 2010
AMENDED IN SENATE JUNE 21, 2010
AMENDED IN SENATE MAY 27, 2010
AMENDED IN ASSEMBLY MARCH 25, 2010
AMENDED IN ASSEMBLY MARCH 18, 2010
INTRODUCED BY Assembly Member Emmerson
FEBRUARY 18, 2010
An act to amend Sections 4984.7, 4989.68, 4996.3, and 4999.120 of,
and to add Sections 4984.41, 4989.45, 4997.1, and 4999.113 to, the
Business and Professions Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2191, as amended, Emmerson. Healing arts: behavioral sciences:
licensure.
Existing law provides for the licensure and regulation of marriage
and family therapists, clinical social workers, educational
psychologists, and professional clinical counselors by the Board of
Behavioral Sciences within the Department of Consumer Affairs.
Existing law fixes the license fees and creates the Behavioral
Sciences Fund in the State Treasury into which these license fees are
deposited. Existing law specifies requirements for renewal of these
licenses, including completing continuing education, as specified.
This bill would require the board to issue a retired license to a
marriage and family therapist, clinical social worker, educational
psychologist, or professional clinical counselor who holds a license
that is current and active or capable of being renewed, and whose
license is not suspended, revoked, or otherwise punitively restricted
by the board or subject to disciplinary action. The bill would
prohibit the holder of a retired license from engaging in any
activity for which an active license in his or her respective
profession is required. The bill would provide that a holder of a
retired license may apply to have his or her license restored to
active status if the holder has not committed an act or crime
constituting grounds for denial of licensure and the holder pays the
required fee, completes specified continuing education requirements,
and complies with fingerprint submission requirements, as specified.
If the applicant's retired license was issued 5 or mor years prior to
the application to restore to active status, the bill would also
require the applicant to apply for licensure and pass the
examinations required for licensure. The bill would fix the retired
license fee at $40.
This bill would incorporate additional changes in Section 4996.3
of the Business and Professions Code proposed by AB 2167, to be
operative if AB 2167 and this bill become effective on or before
January 1, 2011, and this bill is enacted last.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4984.41 is added to the Business and
Professions Code, to read:
4984.41. (a) The board shall issue, upon application and payment
of the fee fixed by this chapter, a retired license to a marriage and
family therapist who holds a license that is current and active or
capable of being renewed, and whose license is not suspended,
revoked, or otherwise punitively restricted by the board or subject
to disciplinary action under this chapter.
(b) The holder of a retired license issued pursuant to this
section shall not engage in any activity for which an active marriage
and family therapist license is required.
(c) The holder of a retired license shall not be required to renew
that license.
(d) The holder of a retired license may apply to restore to active
status his or her license to practice marriage and family therapy if
that retired license was issued less than five years prior to the
application date, and the applicant meets all of the following
requirements:
(1) Has not committed an act or crime constituting grounds for
denial of licensure.
(2) Pays the renewal fee required by this chapter.
(3) Completes the required continuing education as specified in
Section 4980.54.
(4) Complies with the fingerprint submission requirements
established by the board in regulation.
(e) An applicant requesting to restore his or her license pursuant
to subdivision (d), whose license was issued in accordance with this
section less than one year from the date of the application, shall
complete 18 hours of continuing education as specified in Section
4980.54.
(f) An applicant requesting to restore his or her license pursuant
to subdivision (d), whose license was issued in accordance with this
section one or more years from the date of the application, shall
complete 36 hours of continuing education as specified in Section
4980.54.
(g) The holder of a retired license may apply to restore to active
status his or her license to practice marriage and family therapy if
that retired license was issued five or more years prior to the
application date, and the applicant meets all of the following
requirements:
(1) Has not committed an act or crime constituting grounds for
denial of licensure.
(2) Applies for licensure and pays the fee required by this
chapter.
(3) Passes the examinations required for licensure.
(4) Complies with the fingerprint submission requirements
established by the board in regulation.
SEC. 2. Section 4984.7 of the Business and Professions Code is
amended to read:
4984.7. (a) The board shall assess the following fees relating to
the licensure of marriage and family therapists:
(1) The application fee for an intern registration shall be
seventy-five dollars ($75).
(2) The renewal fee for an intern registration shall be
seventy-five dollars ($75).
(3) The fee for the application for examination eligibility shall
be one hundred dollars ($100).
(4) The fee for the standard written examination shall be one
hundred dollars ($100). The fee for the clinical vignette examination
shall be one hundred dollars ($100).
(A) An applicant who fails to appear for an examination, after
having been scheduled to take the examination, shall forfeit the
examination fee.
(B) The amount of the examination fees shall be based on the
actual cost to the board of developing, purchasing, and grading each
examination and the actual cost to the board of administering each
examination. The examination fees shall be adjusted periodically by
regulation to reflect the actual costs incurred by the board.
(5) The fee for rescoring an examination shall be twenty dollars
($20).
(6) The fee for issuance of an initial license shall be a maximum
of one hundred eighty dollars ($180).
(7) The fee for license renewal shall be a maximum of one hundred
eighty dollars ($180).
(8) The fee for inactive license renewal shall be a maximum of
ninety dollars ($90).
(9) The renewal delinquency fee shall be a maximum of ninety
dollars ($90). A person who permits his or her license to expire is
subject to the delinquency fee.
(10) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
(11) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
(12) The fee for issuance of a retired license shall be forty
dollars ($40).
(b) With regard to license, examination, and other fees, the board
shall establish fee amounts at or below the maximum amounts
specified in this chapter.
SEC. 3. Section 4989.45 is added to the Business and Professions
Code, to read:
4989.45. (a) The board shall issue, upon application and payment
of the fee fixed by this chapter, a retired license to a licensed
educational psychologist who holds a license that is current and
active or capable of being renewed, and whose license is not
suspended, revoked, or otherwise punitively restricted by the board
or subject to disciplinary action under this chapter.
(b) The holder of a retired license issued pursuant to this
section shall not engage in any activity for which an active
educational psychologist license is required.
(c) The holder of a retired license shall not be required to renew
that license.
(d) The holder of a retired license may apply to restore to active
status his or her license to practice educational psychology if that
retired license was issued less than five years prior to the
application date, and the applicant meets all of the following
requirements:
(1) Has not committed an act or crime constituting grounds for
denial of licensure.
(2) Pays the renewal fee fixed by this chapter.
(3) Completes the required continuing education as specified in
Section 4989.34.
(4) Complies with the fingerprint submission requirements
established by the board in regulation.
(e) An applicant requesting to restore his or her license pursuant
to subdivision (d), whose license was issued in accordance with this
section less than one year from the date of the application, shall
complete 18 hours of continuing education as specified in Section
4989.34.
(f) An applicant requesting to restore his or her license pursuant
to subdivision (d), whose license was issued in accordance with this
section one or more years from the date of application, shall
complete 36 hours of continuing education as specified in Section
4989.34.
(g) The holder of a retired license may apply to restore to active
status his or her license to practice educational psychology if that
retired license was issued five or more years prior to the
application date, and the applicant meets all of the following
requirements:
(1) Has not committed an act or crime constituting grounds for
denial of licensure.
(2) Applies for licensure and pays the required fee.
(3) Passes the examinations required for licensure.
(4) Complies with the fingerprint submission requirements
established by the board in regulation.
SEC. 4. Section 4989.68 of the Business and Professions Code is
amended to read:
4989.68. (a) The board shall assess the following fees relating
to the licensure of educational psychologists:
(1) The application fee for examination eligibility shall be one
hundred dollars ($100).
(2) The fee for issuance of the initial license shall be a maximum
amount of one hundred fifty dollars ($150).
(3) The fee for license renewal shall be a maximum amount of one
hundred fifty dollars ($150).
(4) The delinquency fee shall be seventy-five dollars ($75). A
person who permits his or her license to become delinquent may have
it restored only upon payment of all the fees that he or she would
have paid if the license had not become delinquent, plus the payment
of any and all delinquency fees.
(5) The written examination fee shall be one hundred dollars
($100). An applicant who fails to appear for an examination, once
having been scheduled, shall forfeit any examination fees he or she
paid.
(6) The fee for rescoring a written examination shall be twenty
dollars ($20).
(7) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
(8) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
(9) The fee for issuance of a retired license shall be forty
dollars ($40).
(b) With regard to all license, examination, and other fees, the
board shall establish fee amounts at or below the maximum amounts
specified in this chapter.
SEC. 5. Section 4996.3 of the Business and Professions Code is
amended to read:
4996.3. (a) The board shall assess the following fees relating to
the licensure of clinical social workers:
(1) The application fee for registration as an associate clinical
social worker shall be seventy-five dollars ($75).
(2) The fee for renewal of an associate clinical social worker
registration shall be seventy-five dollars ($75).
(3) The fee for application for examination eligibility shall be
one hundred dollars ($100).
(4) The fee for the standard written examination shall be a
maximum of one hundred fifty dollars ($150). The fee for the clinical
vignette examination shall be one hundred dollars ($100).
(A) An applicant who fails to appear for an examination, after
having been scheduled to take the examination, shall forfeit the
examination fees.
(B) The amount of the examination fees shall be based on the
actual cost to the board of developing, purchasing, and grading each
examination and the actual cost to the board of administering each
examination. The written examination fees shall be adjusted
periodically by regulation to reflect the actual costs incurred by
the board.
(5) The fee for rescoring an examination shall be twenty dollars
($20).
(6) The fee for issuance of an initial license shall be a maximum
of one hundred fifty-five dollars ($155).
(7) The fee for license renewal shall be a maximum of one hundred
fifty-five dollars ($155).
(8) The fee for inactive license renewal shall be a maximum of
seventy-seven dollars and fifty cents ($77.50).
(9) The renewal delinquency fee shall be seventy-five dollars
($75). A person who permits his or her license to expire is subject
to the delinquency fee.
(10) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
(11) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
(12) The fee for issuance of a retired license shall be forty
dollars ($40).
(b) With regard to license, examination, and other fees, the board
shall establish fee amounts at or below the maximum amounts
specified in this chapter.
SEC. 5.3. Section 4996.3 of the
Business and Professions Code is amended to read:
4996.3. (a) The board shall assess the following fees relating to
the licensure of clinical social workers:
(1) The application fee for registration as an associate clinical
social worker shall be seventy-five dollars ($75).
(2) The fee for renewal of an associate clinical social worker
registration shall be seventy-five dollars ($75).
(3) The fee for application for examination eligibility shall be
one hundred dollars ($100).
(4) The fee for the standard written examination shall be a
maximum of one hundred fifty dollars ($150). The fee for the clinical
vignette examination shall be one hundred dollars ($100).
(A) An applicant who fails to appear for an examination, after
having been scheduled to take the examination, shall forfeit the
examination fees.
(B) The amount of the examination fees shall be based on the
actual cost to the board of developing, purchasing, and grading each
examination and the actual cost to the board of administering each
examination. The written examination fees shall be adjusted
periodically by regulation to reflect the actual costs incurred by
the board.
(5) The fee for rescoring an examination shall be twenty dollars
($20).
(6) The fee for issuance of an initial license shall be a maximum
of one hundred fifty-five dollars ($155).
(7) The fee for license renewal shall be a maximum of one hundred
fifty-five dollars ($155).
(8) The fee for inactive license renewal shall be a maximum of
seventy-seven dollars and fifty cents ($77.50).
(9) The renewal delinquency fee shall be seventy-five dollars
($75). A person who permits his or her license to expire is subject
to the delinquency fee.
(10) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
(11) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
(12) The fee for issuance of a retired license shall be forty
dollars ($40).
(b) With regard to license, examination, and other fees, the board
shall establish fee amounts at or below the maximum amounts
specified in this chapter.
(c) This section shall become inoperative on the date that Section
4996.1, as added by Section 4 of Assembly Bill 2167 of the 2009-10
Regular Session, becomes operative.
(d) This section is repealed as of the January 1 following the
date that it becomes inoperative.
SEC. 5.6. Section 4996.3 is added to the
Business and Professions Code , to read:
4996.3. (a) The board shall assess the following fees relating to
the licensure of clinical social workers:
(1) The application fee for registration as an associate clinical
social worker shall be seventy-five dollars ($75).
(2) The fee for renewal of an associate clinical social worker
registration shall be seventy-five dollars ($75).
(3) The fee for application for examination eligibility shall be
one hundred dollars ($100).
(4) The fee for the California jurisprudence and ethics
examination shall be a maximum of one hundred dollars ($100).
(A) An applicant who fails to appear for an examination, after
having been scheduled to take the examination, shall forfeit the
examination fees.
(B) The amount of the California jurisprudence and ethics
examination fees shall be based on the actual cost to the board of
developing, purchasing, and grading that examination and the actual
cost to the board of administering each California jurisprudence and
ethics examination. The California jurisprudence and ethics
examination fees shall be adjusted periodically by regulation to
reflect the actual costs incurred by the board.
(5) The fee for issuance of an initial license shall be a maximum
of one hundred fifty-five dollars ($155).
(6) The fee for license renewal shall be a maximum of one hundred
fifty-five dollars ($155).
(7) The fee for inactive license renewal shall be a maximum of
seventy-seven dollars and fifty cents ($77.50).
(8) The renewal delinquency fee shall be seventy-five dollars
($75). A person who permits his or her license to expire is subject
to the delinquency fee.
(9) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
(10) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
(11) The fee for issuance of a retired license shall be forty
dollars ($40).
(b) With regard to license, examination, and other fees, the board
shall establish fee amounts at or below the maximum amounts
specified in this chapter.
(c) This section shall become operative on the date that Section
4996.1, as added by Section 4 of Assembly Bill 2167 of the 2009-10
Regular Session, becomes operative.
SEC. 6. Section 4997.1 is added to the Business and Professions
Code, to read:
4997.1. (a) The board shall issue, upon application and payment
of the fee fixed by this chapter, a retired license to a licensed
clinical social worker who holds a license that is current and active
or capable of being renewed and whose license is not suspended,
revoked, or otherwise punitively restricted by the board or subject
to disciplinary action under this chapter.
(b) The holder of a retired license issued pursuant to this
section shall not engage in any activity for which an active clinical
social worker license is required.
(c) The holder of a retired license shall not be required to renew
that license.
(d) The holder of a retired license may apply to restore to active
status his or her license to practice clinical social work if that
retired license was issued less than five years prior to the
application date, and the applicant meets all of the following
requirements:
(1) Has not committed an act or crime constituting grounds for
denial of licensure.
(2) Pays the required renewal fee.
(3) Completes the required continuing education as specified in
Section 4996.22.
(4) Complies with the fingerprint submission requirements
established by the board in regulation.
(e) An applicant requesting to restore his or her license pursuant
to subdivision (d), whose license was issued in accordance with this
section less than one year from the date of the application, shall
complete 18 hours of continuing education as specified in Section
4996.22.
(f) An applicant requesting to restore his or her license pursuant
to subdivision (d), whose license was issued in accordance with this
section one or more years from the date of application, shall
complete 36 hours of continuing education as specified in Section
4996.22.
(g) The holder of a retired license may apply to restore to active
status his or her license to practice clinical social work if that
retired license was issued five or more years prior to the
application date, and the applicant meets all of the following
requirements:
(1) Has not committed an act or crime constituting grounds for
denial of licensure.
(2) Applies for licensure and pays the required fees.
(3) Passes the examinations required for licensure.
(4) Complies with the fingerprint submission requirements
established by the board in regulation.
SEC. 7. Section 4999.113 is added to the Business and Professions
Code, to read:
4999.113. (a) The board shall issue, upon application and payment
of the fee fixed by this chapter, a retired license to a
professional clinical counselor who holds a license that is current
and active or capable of being renewed and whose license is not
suspended, revoked, or otherwise punitively restricted by the board
or subject to disciplinary action under this chapter.
(b) The holder of a retired license issued pursuant to this
section shall not engage in any activity for which an active
professional clinical counselor license is required.
(c) The holder of a retired license shall not be required to renew
that license.
(d) The holder of a retired license may apply to restore to active
status his or her license to practice professional clinical
counseling if that retired license was issued less than five years
prior to the application date, and the applicant meets all of the
following requirements:
(1) Has not committed an act or crime constituting grounds for
denial of licensure.
(2) Pays the required renewal fee.
(3) Completes the required continuing education as specified in
Section 4999.76.
(4) Complies with the fingerprint submission requirements
established by the board in regulation.
(e) An applicant requesting to restore his or her license pursuant
to subdivision (d), whose license was issued in accordance with this
section less than one year from the date of the application, shall
complete 18 hours of continuing education as specified in Section
4999.76.
(f) An applicant requesting to restore his or her license pursuant
to subdivision (d), whose license was issued in accordance with this
section one or more years from the date of application, shall
complete 36 hours of continuing education as specified in Section
4999.76.
(g) The holder of a retired license may apply to restore to active
status his or her license to practice professional clinical
counseling if that retired license was issued five or more years
prior to the application date, and the applicant meets all of the
following requirements:
(1) Has not committed an act or crime constituting grounds for
denial of licensure.
(2) Applies for licensure and pays the required fees.
(3) Passes the examinations required for licensure.
(4) Complies with the fingerprint submission requirements
established by the board in regulation.
SEC. 8. Section 4999.120 of the Business and Professions Code is
amended to read:
4999.120. The board shall assess fees for the application for and
the issuance and renewal of licenses and for the registration of
interns to cover administrative and operating expenses of the board
related to this chapter. Fees assessed pursuant to this section shall
not exceed the following:
(a) The fee for the application for examination eligibility shall
be up to two hundred fifty dollars ($250).
(b) The fee for the application for intern registration shall be
up to one hundred fifty dollars ($150).
(c) The fee for the application for licensure shall be up to one
hundred eighty dollars ($180).
(d) The fee for the jurisprudence and ethics examination required
by Section 4999.54 shall be up to one hundred fifty dollars ($150).
(e) The fee for the examination described in subdivision (b) of
Section 4999.54 shall be up to one hundred dollars ($100).
(f) The fee for the written examination shall be up to two hundred
fifty dollars ($250).
(g) The fee for the issuance of a license shall be up to two
hundred fifty dollars ($250).
(h) The fee for annual renewal of licenses issued pursuant to
Section 4999.54 shall be up to one hundred fifty dollars ($150).
(i) The fee for annual renewal of an intern registration shall be
up to one hundred fifty dollars ($150).
(j) The fee for two-year renewal of licenses shall be up to two
hundred fifty dollars ($250).
(k) The fee for issuance of a retired license shall be forty
dollars ($40).
SEC. 9. Sections 5.3 and 5.6 of this bill
incorporate amendments to Section 4996.3 of the Business and
Professions Code proposed by both this bill and AB 2167. It shall
only become operative if (1) both bills are enacted and become
effective on or before January 1, 2011, (2) each bill amends Section
4996.3 of the Business and Professions Code, and (3) this bill is
enacted after AB 2167, in which case Section 5 of this bill shall not
become operative.