California Legislature—2013–14 Regular Session

Assembly BillNo. 404


Introduced by Assembly Member Eggman

February 15, 2013


An act to amend Sections 4984.41, 4989.45, 4997.1, and 4999.113 of the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

AB 404, as introduced, Eggman. Healing arts: behavioral sciences: retired licenses.

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 requires 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.

This bill would specify that the license may be current and active or inactive.

Under existing law, 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. Existing law requires an applicant to apply for licensure and pass the examinations required for licensure if the applicant’s retired license was issued 5 or more years prior to the application to restore the license to active status.

This bill would reduce the number of years from 5 years to 3 years for a marriage and family therapist, clinical social worker, educational psychologist, or professional clinical counselor who holds a retired license to apply to have his or her license restored to active status without having to apply for licensure and pass the examinations required for licensure.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 4984.41 of the Business and Professions
2Code
is amended to read:

3

4984.41.  

(a) The board shall issue, upon application and
4payment of the fee fixed by this chapter, a retired license to a
5marriage and family therapist who holds a license that is current
6and active orbegin delete capable of being renewedend deletebegin insert a license that is inactiveend insert,
7and whose license is not suspended, revoked, or otherwise
8punitively restricted by the board or subject to disciplinary action
9under this chapter.

10(b) The holder of a retired license issued pursuant to this section
11shall not engage in any activity for which an active marriage and
12family therapist license is required.

13(c) The holder of a retired license shall not be required to renew
14that license.

15(d) The holder of a retired license may apply to restore to active
16status his or her license to practice marriage and family therapy if
17that retired license was issued less thanbegin delete fiveend deletebegin insert threeend insert years prior to
18the application date, and the applicant meets all of the following
19requirements:

20(1) Has not committed an act or crime constituting grounds for
21denial of licensure.

22(2) Pays the renewal fee required by this chapter.

23(3) Completes the required continuing education as specified
24in Section 4980.54.

P3    1(4) Complies with the fingerprint submission requirements
2established by the board in regulation.

3(e) An applicant requesting to restore his or her license pursuant
4to subdivision (d), whose license was issued in accordance with
5this section less than one year from the date of the application,
6shall complete 18 hours of continuing education as specified in
7Section 4980.54.

8(f) An applicant requesting to restore his or her license pursuant
9to subdivision (d), whose license was issued in accordance with
10this section one or more years from the date of the application,
11shall complete 36 hours of continuing education as specified in
12Section 4980.54.

13(g) The holder of a retired license may apply to restore to active
14status his or her license to practice marriage and family therapy if
15that retired license was issuedbegin delete fiveend deletebegin insert threeend insert or more years prior to the
16application date, and the applicant meets all of the following
17requirements:

18(1) Has not committed an act or crime constituting grounds for
19denial of licensure.

20(2) Applies for licensure and pays the fee required by this
21chapter.

22(3) Passes the examinations required for licensure.

23(4) Complies with the fingerprint submission requirements
24established by the board in regulation.

25

SEC. 2.  

Section 4989.45 of the Business and Professions Code
26 is amended to read:

27

4989.45.  

(a) The board shall issue, upon application and
28payment of the fee fixed by this chapter, a retired license to a
29licensed educational psychologist who holds a license that is
30current and active orbegin delete capable of being renewedend deletebegin insert a license that is
31inactiveend insert
, and whose license is not suspended, revoked, or otherwise
32punitively restricted by the board or subject to disciplinary action
33under this chapter.

34(b) The holder of a retired license issued pursuant to this section
35shall not engage in any activity for which an active educational
36psychologist license is required.

37(c) The holder of a retired license shall not be required to renew
38that license.

39(d) The holder of a retired license may apply to restore to active
40status his or her license to practice educational psychology if that
P4    1retired license was issued less thanbegin delete fiveend deletebegin insert threeend insert years prior to the
2application date, and the applicant meets all of the following
3requirements:

4(1) Has not committed an act or crime constituting grounds for
5denial of licensure.

6(2) Pays the renewal fee fixed by this chapter.

7(3) Completes the required continuing education as specified
8in Section 4989.34.

9(4) Complies with the fingerprint submission requirements
10established by the board in regulation.

11(e) An applicant requesting to restore his or her license pursuant
12to subdivision (d), whose license was issued in accordance with
13this section less than one year from the date of the application,
14shall complete 18 hours of continuing education as specified in
15Section 4989.34.

16(f) An applicant requesting to restore his or her license pursuant
17to subdivision (d), whose license was issued in accordance with
18this section one or more years from the date of application, shall
19complete 36 hours of continuing education as specified in Section
204989.34.

21(g) The holder of a retired license may apply to restore to active
22status his or her license to practice educational psychology if that
23retired license was issuedbegin delete fiveend deletebegin insert threeend insert or more years prior to the
24application date, and the applicant meets all of the following
25requirements:

26(1) Has not committed an act or crime constituting grounds for
27denial of licensure.

28(2) Applies for licensure and pays the required fee.

29(3) Passes the examinations required for licensure.

30(4) Complies with the fingerprint submission requirements
31established by the board in regulation.

32

SEC. 3.  

Section 4997.1 of the Business and Professions Code
33 is amended to read:

34

4997.1.  

(a) The board shall issue, upon application and
35payment of the fee fixed by this chapter, a retired license to a
36licensed clinical social worker who holds a license that is current
37and active orbegin delete capable of being renewedend deletebegin insert a license that is inactive,end insert
38 and whose license is not suspended, revoked, or otherwise
39punitively restricted by the board or subject to disciplinary action
40under this chapter.

P5    1(b) The holder of a retired license issued pursuant to this section
2shall not engage in any activity for which an active clinical social
3worker license is required.

4(c) The holder of a retired license shall not be required to renew
5that license.

6(d) The holder of a retired license may apply to restore to active
7status his or her license to practice clinical social work if that
8retired license was issued less thanbegin delete fiveend deletebegin insert threeend insert years prior to the
9application date, and the applicant meets all of the following
10requirements:

11(1) Has not committed an act or crime constituting grounds for
12denial of licensure.

13(2) Pays the required renewal fee.

14(3) Completes the required continuing education as specified
15in Section 4996.22.

16(4) Complies with the fingerprint submission requirements
17established by the board in regulation.

18(e) An applicant requesting to restore his or her license pursuant
19to subdivision (d), whose license was issued in accordance with
20this section less than one year from the date of the application,
21shall complete 18 hours of continuing education as specified in
22Section 4996.22.

23(f) An applicant requesting to restore his or her license pursuant
24to subdivision (d), whose license was issued in accordance with
25this section one or more years from the date of application, shall
26complete 36 hours of continuing education as specified in Section
274996.22.

28(g) The holder of a retired license may apply to restore to active
29status his or her license to practice clinical social work if that
30retired license was issuedbegin delete fiveend deletebegin insert threeend insert or more years prior to the
31application date, and the applicant meets all of the following
32requirements:

33(1) Has not committed an act or crime constituting grounds for
34denial of licensure.

35(2) Applies for licensure and pays the required fees.

36(3) Passes the examinations required for licensure.

37(4) Complies with the fingerprint submission requirements
38established by the board in regulation.

39

SEC. 4.  

Section 4999.113 of the Business and Professions
40Code
is amended to read:

P6    1

4999.113.  

(a) The board shall issue, upon application and
2payment of the fee fixed by this chapter, a retired license to a
3professional clinical counselor who holds a license that is current
4and active orbegin delete capable of being renewedend deletebegin insert a license that is inactive,end insert
5 and whose license is not suspended, revoked, or otherwise
6punitively restricted by the board or subject to disciplinary action
7under this chapter.

8(b) The holder of a retired license issued pursuant to this section
9shall not engage in any activity for which an active professional
10clinical counselor license is required.

11(c) The holder of a retired license shall not be required to renew
12that license.

13(d) The holder of a retired license may apply to restore to active
14status his or her license to practice professional clinical counseling
15if that retired license was issued less thanbegin delete fiveend deletebegin insert threeend insert years prior to
16the application date, and the applicant meets all of the following
17requirements:

18(1) Has not committed an act or crime constituting grounds for
19denial of licensure.

20(2) Pays the required renewal fee.

21(3) Completes the required continuing education as specified
22in Section 4999.76.

23(4) Complies with the fingerprint submission requirements
24established by the board in regulation.

25(e) An applicant requesting to restore his or her license pursuant
26to subdivision (d), whose license was issued in accordance with
27this section less than one year from the date of the application,
28shall complete 18 hours of continuing education as specified in
29Section 4999.76.

30(f) An applicant requesting to restore his or her license pursuant
31to subdivision (d), whose license was issued in accordance with
32this section one or more years from the date of application, shall
33complete 36 hours of continuing education as specified in Section
344999.76.

35(g) The holder of a retired license may apply to restore to active
36status his or her license to practice professional clinical counseling
37if that retired license was issuedbegin delete fiveend deletebegin insert threeend insert or more years prior to
38the application date, and the applicant meets all of the following
39requirements:

P7    1(1) Has not committed an act or crime constituting grounds for
2denial of licensure.

3(2) Applies for licensure and pays the required fees.

4(3) Passes the examinations required for licensure.

5(4) Complies with the fingerprint submission requirements
6established by the board in regulation.



O

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