BILL ANALYSIS �
-----------------------------------------------------------------------
|Hearing Date:June 3, 2013 |Bill No:AB |
| |404 |
-----------------------------------------------------------------------
SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Curren D. Price, Jr., Chair
Bill No: AB 404Author:Eggman
As Introduced: February 15, 2013 Fiscal:Yes
SUBJECT: Healing arts: behavioral sciences: retired licenses.
SUMMARY: Clarifies who qualifies for a retired license by specifying
that a license must be either active or inactive, and reduces the
timeline to restore a retired license from retired to active status
from five to three years.
Existing law:
1)Provides for the licensure of Licensed Marriage and Family
Therapists (LMFTs), Licensed Educational Psychologists (LEPs),
Licensed Clinical Social Workers (LCSWs), and Licensed Professional
Clinical Counselors (LPCCs) by the Board of Behavioral Sciences
(BBS) within the Department of Consumer Affairs (DCA). (Business
and Professions Code (BPC)
� 4990.18)
2)Permits the BBS, upon application and payment of a fee to issue a
retired license to a LMFT, LEP, LCSW or LPCC 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 BBS or subject to disciplinary action as specified. (BPC ��
4984.41, 4989.45, 4997.1, 4999.113)
3)Provides that the holder of a retired license can apply to restore
his or her 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 no disqualifying
criminal record, payment of renewal fees, compliance with continuing
education requirements, and compliance with fingerprint submission
AB 404
Page 2
requirements. (BPC �� 4984.41, 4989.45, 4997.1, 4999.113)
4)Provides that the holder of a retired license can apply to restore
his or her 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 no disqualifying
criminal record, application for licensure, payment of the required
fees, passage of the licensure examination, and compliance with
fingerprint submission requirements. (BPC �� 4984.41, 4989.45,
4997.1, 4999.113)
5)Prohibits the holder of a retired license from engaging in any
activity for which an active license is required. (BPC � 4984.41)
6)Specifies that the holder of a retired license shall not be required
to renew the retired license. (BPC �� 4984.41, 4989.45, 4997.1,
4999.113)
This bill:
1)Permits the BBS to issue, upon application and payment of a fee, a
retired license to a LMFT, LCSW, LEP or LPCC if the applicant holds
a current and active or inactive license.
2)Reduces the number years from 5 to 3 years for a LMFT, LCSW, LEP or
LPCC, who holds a retired license, to apply to have his or her
license restored to active status.
3)Specifies that the applicant is only eligible for a retired license
if the applicant is not subject to disciplinary action and if their
license has not been suspended, revoked or restricted by the BBS.
4)Further specifies that the applicant must pay renewal fees, comply
with continuing education requirements and submit fingerprints to
the BBS.
5)Exempts an applicant who holds a retired license from re-applying for
licensure or re-taking the licensure examinations.
FISCAL EFFECT: According to the Assembly Appropriations Committee
analysis dated April 10, 2013, this bill would result in negligible
costs to the BBS.
COMMENTS:
1. Purpose. This bill is sponsored by the Board of Behavioral
AB 404
Page 3
Sciences . According to the Author, current law states that retired
licenses are only to be granted to those licensees who have a
current active license or to a licensee who potentially could have
their license become active. The latter implies that those who
have a suspended license may apply for a retired license because
they potentially could have their license become active at some
point in time. However, current law also states that an applicant
for a retired license may not have their license suspended,
revoked, or have any type of disciplinary action. This had led to
uncertainty on the part of the BBS because they are unsure of who
may actually qualify for a retired license. This bill will clarify
that only those applicants who either have a current active license
or an inactive license that is not suspended, revoked, or in
disciplinary status may apply for a retired license.
This bill also reduces the number of years a retiree has to
reactivate their license if they wish to practice. The current
timelines for a licensee to reactivate their active license if they
have an expired license or a retired license do not match. A
licensee with an expired license has three years before they are
unable to reinstate their active license. In contrast, a retired
licensee has up to 5 years before they must renew their active
license. This bill will align the timelines for the purpose of
consistency.
2. Background. Non-Active Licenses . Non-active licenses include
retired, inactive and delinquent/expired licenses. A holder of
these types of licenses is not permitted to engage in any activity
for which an active license issued by the BBS is required.
Retired License. Retired licenses are provided to those licensees
who no longer wish to practice their profession, but still desire
to reference their professional title. In addition, a retired
license does not need to be renewed. Effective January 1, 2011, a
licensee of the BBS may apply for a retired license if the
following conditions are met:
1) The license is current and active, or capable of being
renewed;
2) The license is not suspended, revoked or otherwise
punitively restricted by the BBS or subject to disciplinary
action;
3) The person holding the retired license will not engage
in any activity for which an active license issued by the BBS
is required; and,
4) The retired license fee of $40.00 is paid.
AB 404
Page 4
Inactive License. An inactive license does not permit the licensee
to engage in practice. Licensees with an inactive license may
reactivate the license or apply for retired license status if the
license is eligible for renewal.
Delinquent/Expired License. If an individual's license is
delinquent, all outstanding requirements for renewal must be met
before an application for retired status can be processed.
Restoring a Retired License to Active Status. A person requesting
to restore his or her retired license to active status whose
retired license was issued 1 or more years ago must complete 36
hours of continuing education as required by their licensing law.
If retired license was issued less than 1 year ago , the applicant
must complete 18 hours of continuing education as required by their
licensing law.
If the retired license was issued less than 5 years ago , the
applicant must meet the following requirements:
1) No crime constituting grounds for license denial has
been committed;
2) The prescribed renewal fee is paid;
3) All required continuing education is completed; and
4) Fingerprints are submitted as required by the Board.
If the retired license was issued 5 or more years ago , the
applicant must meet the following requirements:
1) No crime constituting grounds for license denial has
been committed;
2) Licensure must be applied for and the prescribed renewal
fee paid;
3) The required licensing examinations are passed; and,
4) Fingerprints are submitted as required by the Board.
Restoring an Inactive License to Active Status. In order for an
applicant to restore an inactive license to active status, the
applicant must pay the biennial renewal fee, equal to one-half of
the standard renewal fee, and complete continuing education
requirements.
1. Arguments in Support. The BBS supports the bill and notes in their
letter, "The use of the term 'current and active or capable of
AB 404
Page 5
being renewed' in law has been a source of confusion for licensees
and the BBS staff since the retired license law went into effect in
2011?In addition, current law allows a holder of a retired licensee
to apply to restore his or her license to active status if he or
she was issued the retired license less than five years ago. This
law is inconsistent with the law regarding renewal of an expired
license."
The California Division of the American Association for Marriage
and Family Therapy , the California Association of Marriage and
Family Therapists , the California Association for Licensed
Professional Clinical Counselors and the National Association of
Social Workers-California Chapter also support the bill. They
indicate that the bill will correct ambiguity in current law
regarding who may apply for a retired license and reduce the time
period to restore a retired license to active status in order to be
consistent with the renewal period of a license that has expired.
4. Prior Legislation. AB 431 (Ma, Chapter 395, Statutes of 2011)
authorized the California
Board of Accountancy to establish a retired status license for
certified public accountants and public accountants.
AB 2191 (Emmerson, Chapter 548, Statutes of 2010), required the BBS
to issue a retired license to LMFT, LEP, LCSW and LPCCs.
SB 821 (Senate Committee on Business, Professions and Economic
Development, Chapter 307, Statutes of 2009) established a retired
license for occupational therapists and occupational therapy
assistants, among other changes.
AB 2848 (Hernandez, 2008) would have allowed optometrists to apply
for a retired license. This bill was held on the Senate Floor.
SUPPORT AND OPPOSITION:
Support:
Board of Behavioral Sciences (sponsor)
California Division of the American Association for Marriage and
Family Therapy
California Association of Marriage and Family Therapists
California Licensed Professional Clinical Counselors
National Association of Social Workers-California Chapter
AB 404
Page 6
Opposition:
None received as of May 28, 2013.
Consultant:Le Ondra Clark, Ph.D.