BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2191| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 AB 2191 Page 2 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. AB 2191 Page 3 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. AB 2191 Page 4 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. AB 2191 Page 5 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 | AB 2191 Page 6 | 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 **** AB 2191 Page 7