BILL ANALYSIS Ó
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: AB 773 Hearing Date: June 8,
2015
-----------------------------------------------------------------
|Author: |Baker |
|----------+------------------------------------------------------|
|Version: |June 1, 2015 |
-----------------------------------------------------------------
----------------------------------------------------------------
|Urgency: |No |Fiscal: |Yes |
----------------------------------------------------------------
-----------------------------------------------------------------
|Consultant|Sarah Huchel |
|: | |
-----------------------------------------------------------------
Subject: Licenses: Medical Board of California: Board of
Psychology.
SUMMARY: Recasts the expiration dates for certain licenses,
certificates, and registrations issued by the Medical Board of
California (MBC) and the Board of Psychology (BOP) based on the
date of issuance instead of a licensee's birthdate.
Existing law:
1) Authorizes the MBC to issues licenses to physicians and
surgeons, licensed midwives, dispensing opticians, spectacle
lens dispensers, and contact lens dispensers. (Business and
Professions Code (BPC) §§ 2080, 2512, 2550, 2559.1, 2560.)
2) Establishes the BOP to provide for the licensure and
regulation of licensed psychologists. (BPC § 2901 et seq.)
3) States that all physician and surgeon's certificates,
certificates to practice podiatric medicine, registrations
of spectacle lens dispensers and contact lens dispensers,
and certificates to practice midwifery shall expire at 12
midnight on the last day of the birth month of the licensee
during the second year of a two-year term if not renewed.
(BPC § 2423 (a)(1)).
4) Requires dispensing optician registrations to expire at
midnight on the last day of the month in which the license
AB 773 (Baker) Page 2
of ?
was issued during the second year of a two-year term if not
renewed. (BPC § 2423 (a)(2)).
5) States that all psychologist licenses expire and become
invalid at midnight on the last day of February, 1980, and
thereafter expire at midnight of the legal birth date of the
licensee during the second year of a two-year term if not
renewed.
(BPC § 2982)
6) Requires the BOP to establish regulations for the
administration of the birth date renewal program including
the establishment of a pro rata formula for the payment of
fees by licentiates affected by the implementation of that
program, and the establishment of a staggered license
application system so that a relatively equal number of
licensees expire annually. (BPC § 2982)
This bill:
1) Deletes code sections requiring that all licenses,
certificates, permits, and registrations issued by the MBC
expire and become invalid at 12 midnight on the last day of
February of each even-numbered year if not renewed.
2) Deletes the current birthdate renewal system for physician
and surgeon's certificates, registrations for spectacle lens
dispensers and contact lens dispensers, certificates to
practice midwifery, and psychologist licenses.
3) Requires that all physician and surgeon's certificates,
registrations for spectacle lens dispensers and contact lens
dispensers, and certificates to practice midwifery expire at
12 midnight on the last day of the month in which the license
was issued during the second year of a two-year term
commencing from the date of issuance.
4) Makes technical changes.
FISCAL
EFFECT: This bill is keyed "fiscal" by Legislative Counsel.
According to the Assembly Appropriations analysis, dated April
AB 773 (Baker) Page 3
of ?
22, 2015:
1)Minor revenue losses to the BOP, potentially in the range of
$100,000 (Psychology Fund). Because initial licenses will be
valid for longer, the BOP will receive slightly less revenue
starting in 2017, and in each subsequent year, due to a time
lag (as compared to current practice) in receiving initial
license renewal fees. Put another way, the current practice
of an abbreviated initial licensure period requires licensees
on average to pay slightly more, and allows the BOP to collect
slightly more fee revenue, than what would be the case under
this bill.
2)Costs to the BOP to change business processes and systems are
minor and absorbable.
COMMENTS:
1. Purpose. This bill is sponsored by the Board of Psychology
(BOP). This bill changes the expiration and renewal cycle
for physician and surgeon's certificates, registrations for
spectacle lens dispensers and contact lens dispensers,
certificates to practice midwifery, and psychology licenses
from a system based on an applicant's birth date to one based
on the date of license issuance.
2. Background. Current law requires the BOP and MBC to use
birth dates to determine the renewal and expiration dates for
licenses. The birth date renewal system issues licenses for
a period of time ranging between 12 and 24 months depending
on the licensee's birth month. If, for example, a licensee
has a February birth date and his or her license is issued in
March 2014, the license will expire at midnight on February
29, 2016. If, however, a licensee has a March birthday and
his or her license is issued in March 2014, the license will
expire at midnight on March 31, 2015.
In these examples, the license in the first scenario will
expire after nearly 2 years, but in the second scenario, the
license will expire after 12 months and 5 days. Despite the
varying expiration dates, both licensees would need to pay
AB 773 (Baker) Page 4
of ?
the same initial license fee.
According to the Author's office, "The birth date renewal
system places an unfair financial burden on first-time
licensees because all licenses have an equal fee regardless
of how long the license lasts." This bill will standardize
the length of time a license expires after issuance.
3. Related Legislation. AB 483 (Patterson) of 2015 would
require fees imposed, as specified, for an initial license,
an initial temporary or permanent license, or an original
license to be prorated on a monthly basis. ( Status : This
bill is pending on the Assembly floor.)
AB 1758 (Patterson) of 2014 would have required the initial
license fee for the following licensing categories to be
prorated on a monthly basis: dentists; dental hygienists;
physicians and surgeons; hearing aid dispensers; occupational
therapists; physical therapists; psychologists; veterinary
technicians; veterinarians; acupuncturists; and architects.
( Status : This bill was held in the Senate Appropriations
Committee.)
SB 2014 (Machado) of 2002 would have directed the MBC to
prorate its annual licensing fees in cases where the initial
licensure period is less than two years, and deleted an
obsolete oral examination fee authority. ( Status : This bill
was held in the Senate Appropriations Committee.)
4. Arguments in Support. The BOP writes, "First time licensees
of the [BOP] are currently paying the full license amount for
their license when they are not always receiving that license
for the complete two-year period. First time licensees are
at the start of their careers as psychologists and have often
incurred significant student debts in the process of earning
undergraduate and postgraduate degrees. The establishment of
an initial license period that is always 24 months will stop
these licensees paying a full fee for an abbreviated license
period."
SUPPORT AND OPPOSITION:
Support:
AB 773 (Baker) Page 5
of ?
California Board of Psychology (Sponsor)
California Psychological Association
Medical Board of California
Opposition:
None on file as of June 2, 2015.
-- END --