BILL ANALYSIS Ó
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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
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(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
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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.
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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,
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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.
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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
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