BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 404| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 404 Author: Eggman (D) Amended: As introduced Vote: 21 SENATE BUSINESS, PROF.& ECON. DEV. COMMITTEE : 10-0, 6/3/13 AYES: Price, Emmerson, Block, Corbett, Galgiani, Hernandez, Hill, Padilla, Wyland, Yee SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 72-2, 4/15/13 - See last page for vote SUBJECT : Healing arts: behavioral sciences: retired licenses SOURCE : Board of Behavioral Sciences DIGEST : This bill clarifies who qualifies for a retired behavioral science 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. ANALYSIS : Existing law: 1. Provides for the licensure of licensed marriage and family therapists (LMFTs), licensed educational psychologists CONTINUED AB 404 Page 2 (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. 2. Permits the BBS, upon application and payment of a fee to issue a retired license to an 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. 3. Provides that the holder of a retired license can apply to restore his/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 requirements. 4. Provides that the holder of a retired license can apply to restore his/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. 5. Prohibits the holder of a retired license from engaging in any activity for which an active license is required. 6. Specifies that the holder of a retired license shall not be required to renew the retired license. This bill: 1. Permits the BBS to issue, upon application and payment of a fee, a retired license to an LMFT, LCSW, LEP or LPCC if the applicant holds a current and active or inactive license. 2. Reduces the number years from five to three years for an LMFT, LCSW, LEP or LPCC, who holds a retired license, to CONTINUED AB 404 Page 3 apply to have his/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. 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 (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 is paid. 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. CONTINUED AB 404 Page 4 Restoring a retired license to active status . A person requesting to restore his/her retired license to active status whose retired license was issued one or more years ago must complete 36 hours of continuing education as required by their licensing law. If a retired license was issued less than one 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 five 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 BBS. If the retired license was issued five 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 BBS. 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 6/24/13) Board of Behavioral Sciences (source) American Association for Marriage and Family Therapy, California Division California Association for Licensed Professional Clinical Counselors California Association of Marriage and Family Therapists National Association of Social Workers-California Chapter ARGUMENTS IN SUPPORT : According to the author's office, CONTINUED AB 404 Page 5 existing 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, existing 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 clarifies 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. It 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 five years before they must renew their active license. This bill aligns the timelines for the purpose of consistency. The Board of Behavioral Sciences notes, "The use of the term 'current and active or capable of 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 indicate that this bill will correct ambiguity in existing 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. CONTINUED AB 404 Page 6 ASSEMBLY FLOOR : 72-2, 4/15/13 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom, Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier, Garcia, Gatto, Gomez, Gordon, Gorell, Gray, Hagman, Hall, Roger Hernández, Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Maienschein, Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Torres, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A. Pérez NOES: Beth Gaines, Grove NO VOTE RECORDED: Donnelly, Harkey, Lowenthal, Mansoor, Patterson, Vacancy MW:k 6/25/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED