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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