BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2191|
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                                 THIRD READING


          Bill No:  AB 2191
          Author:   Emmerson (R)
          Amended:  8/18/10 in Senate
          Vote:     21

           
           SENATE BUS., PROF. & ECON. DEV. COMMITTEE  :  7-0, 6/14/10
          AYES:  Negrete McLeod, Aanestad, Calderon, Correa, Florez,  
            Walters, Yee
          NO VOTE RECORDED:  Wyland, Oropeza

           SENATE APPROPRIATIONS COMMITTEE  :  10-0, 8/2/10
          AYES:  Kehoe, Alquist, Ashburn, Corbett, Emmerson, Leno,  
            Price, Wolk, Wyland, Yee
          NO VOTE RECORDED:  Walters

           ASSEMBLY FLOOR  :  74-0, 4/29/10 (Consent) - See last page  
            for vote


           SUBJECT  :    Healing arts:  behavioral sciences:  licensure

           SOURCE  :     Author


           DIGEST  :    This bill 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.

           Senate Floor Amendments  of 8/18/10 add double-jointing  
                                                           CONTINUED





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          language with
          AB 2167 (Nava).

           ANALYSIS  : 

           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 been disciplined  
                by any regulatory board in this or any other state,  
                since the last renewal.

          3. 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.

          4. 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.








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             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.

             D.    Complies with specified fingerprint submission  
                requirements.








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          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.

          7. Adds double-jointing language with AB 2167 (Nava).

           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 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's office states, "This legislative proposal is  
          modeled after retired license language for California  
          pharmacists, architects, professional engineers, and land  
          surveyors."  The Senate Business, Professions and Economic  
          Development Committee staff further notes that physicians  
          and surgeons, osteopathic physicians and surgeons, and  
          dentists may also be issued retired licenses.







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          Inactive Licenses  .  According to the Board, 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 Type | Inactive  | Delinquent  | Percent of  |
             |              |           |             |  Inactive   |
             |              |           |             |  that are   |
             |              |           |             | Delinquent  |
             |--------------+-----------+-------------+-------------|
             |       MFT    |       6,23|        1,497|       23.99%|
             |              |          9|             |             |
             |--------------+-----------+-------------+-------------|
             |       LCSW   |       3,45|          871|       25.19%|
             |              |          8|             |             |
             |--------------+-----------+-------------+-------------|
             |       LEP    |        348|           97|       27.87%|
             |              |           |             |             |
             |--------------+-----------+-------------+-------------|
             |       Totals |       10,0|        2,465|       24.54%|
             |              |         45|             |             |
              ------------------------------------------------------ 
              ------------------------------------------------------ 
             |(Data is accurate as of 5/24/2010)                    |
             |                                                      |
              ------------------------------------------------------ 

            Although specific numbers are uncertain, the Board  
            estimates that approximately 35 percent of inactive  
            licensees would apply for a retired license under this  
            bill's provisions.  The table below reflects the Board's  
            estimated licensing numbers for retired licenses.


                 -------------------------------- 
                |  License   |  Retired 35% of   |







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                |    Type    |     Inactive      |
                |------------+-------------------|
                |       MFT  |              2,184|
                |------------+-------------------|
                |       LCSW |              1,210|
                |------------+-------------------|
                |       LEP  |                122|
                |------------+-------------------|
                |       Total|3,516              |
                |       s    |                   |
                 -------------------------------- 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/4/10)

          Board of Behavioral Sciences (source)
          American Association for Marriage and Family Therapy


           ASSEMBLY FLOOR  : 
          AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,  
            DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,  
            Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,  
            Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,  
            Huber, Huffman, Jeffries, Knight, Lieu, Logue, Ma,  
            Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin,  
            Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Tran, Villines,  
            Yamada, John A. Perez
          NO VOTE RECORDED: Bass, Caballero, Jones, Bonnie Lowenthal,  
            Torrico, Vacancy


          JJA:do  8/19/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****







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