BILL ANALYSIS Ó
AB 750
Page 1
Date of Hearing: April 14, 2015
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Susan Bonilla, Chair
AB 750
(Low) - As Amended April 6, 2015
SUBJECT: Business and professions: retired category:
licenses.
SUMMARY: Authorizes any of the boards, bureaus, commissions, or
programs (boards) within the Department of Consumer Affairs
(DCA) to establish, by regulation, a system for a retired
category of licensure.
EXISTING LAW
1)Authorizes any of the boards within the DCA to establish by
regulation a system for an inactive category of licensure for
persons who are not actively engaged in the practice of their
profession or vocation. (BPC §§ 462(a), 700-704)
2)Requires a board's regulations to prohibit the holder of an
inactive license from engaging in any activity for which a
license is required. (BPC §§ 462(b)(1), 702)
3)Requires a board's regulations to require an inactive license
to be renewed during the same time period in which an active
license is renewed. (BPC §§ 462(b)(2), 703)
4)Requires a non-healing arts board's regulations to apply the
renewal fee for an inactive license to be the same as an
active license, unless the board specifies a lower inactive
license renewal fee. (BPC §§ 462(b)(3))
5)Requires a healing arts board's regulations to charge a
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renewal fee for both and active and inactive license. (BPC §
703)
6)Requires a non-healing arts board's regulations to allow the
holder of an inactive license to restore the license to an
active status by: (BPC § 462(4))
a) Paying a renewal fee; and
b) Completing continuing education equivalent to that
required for renewal of an active license, if required for
renewal of an active license, unless the board specifies a
different requirement.
7)Requires a healing arts board's regulations to allow the
holder of an inactive license to restore the license to an
active status by: (BPC § 704)
a) Paying the renewal fee, unless the licensee is a
physician and surgeon who certifies to the Medical Board of
California that license restoration is for the sole purpose
of providing specified volunteer services; and
b) Completing continuing education equivalent to that
required for renewal of an active license, if required for
renewal of an active license.
THIS BILL
1)Authorizes any of the boards within the DCA to establish by
regulation a system for a retired category of licensure for
persons who are not actively engaged in the practice of their
profession or vocation.
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2)Requires a board's regulations to prohibit the holder of a
retired license from engaging in any activity for which a
license is required, unless the board specifies the criteria
for a retired licensee to practice his or her profession or
vocation.
3)Requires a board's regulations to state that licensees will
not have to renew a retired license.
4)Requires a board's regulations to allow the holder of an
inactive license to restore the license to an active status
by:
a) Paying a fee established by regulation;
b) Having not committed an act or crime constituting
grounds for denial of licensure;
c) Complying with the fingerprint submission requirements
established by regulation;
d) Completing continuing education equivalent to that
required for renewal of an active license, if required for
renewal of an active license; and
e) Completing any other requirements as specified by the
board.
5)Authorizes a board to investigate the actions of any licensee,
including a person with a license that either restricts or
prohibits the practice of that person in his or her profession
or vocation, including, but not limited to, a license that is
retired, inactive, canceled, revoked, or suspended.
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6)Requires a board to investigate the actions of any licensee,
as noted above, if it receives a complaint.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the
Legislative Counsel.
COMMENTS
1)Purpose. This bill is sponsored by the author. According to
the author, this bill "allows any of the boards, bureaus,
commissions, or programs within the [DCA] to establish a
system for a retired category of licensure for those not
actively in practice of their profession."
"An occupational license can be sent to 'inactive' for various
reasons, including violations and non-renewal. The same is
done for those individuals who decided to retire - a
troublesome label, as an 'inactive' status holds negative
connotations and does not appropriately illustrate the decades
of service from the license holder. To that end, [this bill]
acts as a practical means to bring uniformity to licensing at
the [DCA]."
2)Background. Existing law permits the boards under the DCA to
adopt regulations establishing a system for issuing inactive
licenses. The law requires that the regulations cover fees,
renewal, restoration to active status, and practice
restrictions.
While the law permitting regulations for inactive licenses for
non-healing arts boards is slightly different from the law for
the healing arts boards, there are only two differences. The
first is that the non-healing arts boards are permitted to
reduce the fees for renewal and change the continuing
education requirements, while the healing arts boards are not.
The second is that the restoration fee is waived for a
physician and surgeon that certifies he or she is restoring
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the inactive license to an active license solely for volunteer
purposes.
Retired Licenses. As stated by the author, some licensees
disfavor the inactive license designation and would prefer a
retired license designation. Because existing law only
provides for a system of inactive licenses, many boards have
sought legislation that would permit them to also create a
retired license category. Prior bills have included
conditions for volunteering, enforcement of retired licenses,
and fees.
Thirteen other healing arts and non-healing arts boards have
the authority to issue retired licensees:
1) Board of Accountancy
2) Architects Board
3) Board of Barbering and Cosmetology
4) Board of Behavioral Sciences
5) Dental Board
6) Dental Hygiene Committee of California
7) Landscape Architects Technical Committee
8) Medical Board
9) Board of Pharmacy
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10) Board of Podiatric Medicine
11) Professional Fiduciaries Bureau
12) Board for Professional Engineers, Land Surveyors,
and Geologists
13) Respiratory Care Board
This bill will provide the remaining boards with the authority
to establish a system of retired licenses if they desire to.
1)Current Related Legislation. AB 1253 (Steinorth) of the
current legislative session, will limit the issuance of a
license designated as a retired volunteer service to an
optometrist who holds a retired license for less than three
years and will require the holder of a retired license issued
for more than three years to meet certain requirements,
including passing clinical and jurisprudence examinations, in
order for the State Board of Optometry to issue a retired
volunteer service license. STATUS: This bill is pending in
the Assembly Appropriations Committee.
2)Previous/Prior Related Legislation. AB 2024 (Bonilla), Chapter
336, Statutes of 2014, authorized the Professional Fiduciaries
Bureau to establish, by regulation, a system for a retired
category of licensure.
AB 404 (Eggman), Chapter 339, Statutes of 2013, clarified 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.
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SB 1215 (Emmerson), Chapter 359, Statutes of 2012, established
a retired license status and a retired license with a
volunteer service designation for optometrists.
AB 431 (Ma), Chapter 395, Statutes of 2011, authorized the
California Board of Accountancy to establish, by regulation, a
system for a retired category of licensure.
SB 2191 (Emmerson), Chapter 548, Statutes of 2010, authorized
the Board of Behavioral Sciences to issue a retired license as
a marriage and family therapist, educational psychologist,
clinical social worker or professional clinical counselor to
an applicant who holds a current license or a license eligible
for renewal, and establishes a $40 fee for a retired license.
ARGUMENTS IN SUPPORT
None on file.
ARGUMENTS IN OPPOSITION
None on file.
IMPLEMENTATION ISSUE
In order for a retired licensee to restore his or her license,
the bill requires that the licensee not have committed an act or
crime constituting grounds for denial of licensure. However, it
is unclear if having no convictions is grounds to restore a
license. Similarly, it is unclear if the licensee would be
required to have no history or complaints or, in the case that a
licensee has a history of complaints, if there is a statute of
limitations on the complaints. As such, it is recommended that
the author provide clarification regarding those acts of crimes
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that would constitute grounds for denial for licensure.
SUGGESTED AUTHOR'S AMENDMENT
In order to clarify what a licensee would have to prove in order
to restore a retired license, the author should make the
following amendment:
On page 2, in line 18, strike out "Not have" and before
"committed" insert:
Certify, in a manner satisfactory to the board, that he or she
has not
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by:Vincent Chee / B. & P. / (916) 319-3301