BILL ANALYSIS
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|Hearing Date:June 14, 2010 |Bill No:AB |
| |2191 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Gloria Negrete McLeod, Chair
Bill No: AB 2191Author:Emmerson
As Amended:May 27, 2010 Fiscal: Yes
SUBJECT: Healing arts: behavioral sciences: licensure.
SUMMARY: Authorizes the Board of Behavioral Sciences to issue a
retired license as a marriage and family therapist, educational
psychologist, clinical social worker or professional clinical
counselor to an applicant who holds a current license or a license
eligible for renewal, and establishes a $40 fee for a retired
license.
Existing law:
1)Licenses and regulates the practice of psychotherapy preformed by
marriage and family therapists (MFTs), licensed educational
psychologists (LEPs), and licensed clinical social workers (LCSWs)
by the Board of Behavioral Sciences (Board) within the Department of
Consumer Affairs. Beginning January 1, 2012, the Board will
additionally license professional clinical counselors (LPCCs).
2)Requires each license issued by the Board to be renewed every two
years and to renew an unexpired license, the licensee must do all of
the following:
a) Apply for a renewal on a form prescribed by the Board.
b) Pay the renewal fee.
c) Certify compliance with the continuing education requirements,
as specified.
d) Notify the Board whether he or she has been convicted, as
specified, of a misdemeanor or felony, or whether he or she has
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been disciplined by any regulatory board in this or any other
state, since the last renewal.
1)Provides that an expired license may be renewed within three years of
expiration upon fulfilling the requirements in item #2) above, and
paying all unpaid renewal fees and a delinquency fee.
2)Authorizes the Board to issue an inactive license to an MFT, LEP,
LCSW, or LPCC; and prohibits a person holding an inactive license
from engaging in any practice that would require a license.
a) An inactive license is subject to renewal every two years by
paying a fee of one-half of the standard renewal fee, and is
exempt from continuing education requirements.
b) An inactive license may be restored to active status upon
request of the licensee if the licensee has not committed an act
or crime constituting grounds for license denial, pays the
remaining one-half of the renewal fee, and completes specified
continuing education requirements.
This bill:
1)Authorizes the Board to issue a retired license to an applicant who
holds an MFT, LEP, LCSW, or LPCC 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, as specified.
2)Prohibits the holder of a retired license from engaging in any
activity for which an active license is required.
3)Specifies that the holder of a retired license is not required to
renew the license.
4)Authorizes the holder of a retired license to apply to restore the
license to active status if the retired license was issued less than
five years prior to the application date, and the applicant meets
specified requirements, including:
a) Has not committed an act or crime constituting grounds for
denial of a license.
b) Pays the required licensing fee.
c) Completes specified continuing education requirements.
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d) Complies with specified fingerprint submission requirements.
5)Authorizes the holder of a retired license to apply to restore the
license to active status if the retired license was issued more than
five years prior to the application date, and the applicant meets
specified requirements, including:
a) Has not committed an act or crime constituting grounds for
denial of a license.
b) Pays the required licensing fee.
c) Completes the examinations required for licensure.
d) Complies with specified fingerprint submission requirements.
6)Establishes a $40 fee for the issuance of a retired license.
FISCAL EFFECT: The Assembly Appropriations Committee analysis, dated
April 21, 2010, indicates an unknown fiscal effect; states that there
are likely minor impacts on special fund fee revenues. If retirees
shift from on-going, annual licensure renewal fees to the one-time
reduced fee established in this bill, there will be minor revenue
losses. If this bill brings retirees into licensure status who
otherwise would allow their licenses to expire, this bill may increase
fee revenues by a small amount.
COMMENTS:
1.Purpose. This bill is sponsored by the Board in order to permit
marriage and family therapists, licensed clinical social workers,
licensed educational psychologists, and licensed professional
clinical counselors to have a retired status available to them.
Under the retired status, licensees will be required to pay a
one-time fee of $40 for issuance of the retired license and are
exempt from continuing education requirements. Licensees may
reactivate their license within five years if they wish to practice.
After five years, licensees are required to pass the current
licensure examinations before being restored to active status.
2.Background. According to the Board, there are two major complaints
among licensees regarding the license status options available to
them upon retirement. First of all, renewing under inactive status
requires licensees to pay the renewal fee every two years when they
have no intention of ever practicing again. Second, if licensees
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choose to not pay the fees and allow their license to expire, they
are considered delinquent until the license is cancelled after three
years. Delinquency implies that the licensee is non-compliant with
Board requirements, such as past due fees and not fulfilling
continuing education requirements, when in fact the licensee is
simply retired.
The Author states: "This legislative proposal is modeled after retired
license language for California pharmacists, architects,
professional engineers, and land surveyors." Committee staff
further notes that physicians and surgeons, osteopathic physicians
and surgeons, and dentists may also be issued retired licenses.
3.Inactive Licenses. According to the Sponsor, licensees currently do
not have the option to obtain a retired license. Instead, a
licensee must obtain an inactive license that must be renewed every
two years. If the license is not renewed, then it becomes
delinquent and after three years is cancelled. The following table
indicates the current number of inactive licenses issued by the
Board, as well as the number of inactive licenses that are
delinquent.
--------------------------------------------------------
| License | Inactive | Delinquent | Percent of |
| Type | | | Inactive that |
| | | | are Delinquent |
|------------+------------+-------------+----------------|
| MFT | 6,239| 1,497| 23.99%|
| | | | |
|------------+------------+-------------+----------------|
| LCSW | 3,458| 871| 25.19%|
| | | | |
|------------+------------+-------------+----------------|
| LEP | 348| 97| 27.87%|
|------------+------------+-------------+----------------|
| Total| 10,04| 2,465| 24.54%|
| s | 5| | |
--------------------------------------------------------
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|(Data is accurate as of 5/24/2010) |
| |
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Although specific numbers are uncertain, the Board estimates that
approximately 35% of inactive licensees would apply for a retired
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license under this bill's provisions. The table below reflects the
Board's estimated licensing numbers for retired licenses.
--------------------------------
| License | Retired 35% of |
| Type | Inactive |
|------------+-------------------|
| MFT | 2,184|
|------------+-------------------|
| LCSW | 1,210|
|------------+-------------------|
| LEP | 122|
|------------+-------------------|
| Total|3,516 |
| s | |
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4.Arguments in Support. In sponsoring the bill, the Board states that
this measure would greatly benefit retired and retiring licensees by
allowing them to preserve tier license in a retired status with a
one-time cost, rather than requiring them to pay biennially for a
license they do not plan to use again, or forcing their license into
a delinquent status.
5.Recommended Amendments. In requiring the holder of a retired license
to submit fingerprints in order to restore the license to active
status, the bill states the license must comply "with the
fingerprint submission requirements set forth in Section 1815 of
Title 16 of the California Code of Regulations." This is a
reference to regulations adopted by the Board to establish a
comprehensive fingerprint requirement for new applicants and for
existing Board licensees that have not previously been
fingerprinted. Committee staff notes that it is unclear whether the
regulation, as it is currently drafted, would apply to a retired
license status established by the bill. Board staff has also
concurred that the regulation may need to be updated to reflect the
retired license.
Furthermore, it is noted that if the specific regulation were changed
at some point in the future, legislation might be needed to reflect
those changes, since the bill currently specifically refers to
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"Section 1815 of Title 16 of the California Code of Regulations."
Therefore, Committee staff recommends the following technical
amendments to revise the references in each of the Board's licensing
acts:
On page 3, lines 8 through 10,
On page 3, lines 33 through 35,
On page 5, lines 31 through 33,
On page 6, lines 15 through 17,
On page 9, lines 1 through 3,
On page 9, lines 25 through 27,
On page 10, lines 23 through 25,
On page 11, lines 7 through 9,
Strike out: "set forth in Section 1815 of Title 16 of the
California Code of Regulations." and insert "established by the
board in regulation."
SUPPORT AND OPPOSITION:
Support:
Board of Behavioral Sciences (Sponsor)
American Association for Marriage and Family Therapy
Opposition:
None received as of June 8, 2010
Consultant:G. V. Ayers