BILL ANALYSIS Ó AB 1060 Page 1 Date of Hearing: April 14, 2015 ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS Susan Bonilla, Chair AB 1060 (Bonilla) - As Amended March 26, 2015 SUBJECT: Professions and vocations: licensure. SUMMARY: Clarifies that a board or bureau under the Department of Consumer Affairs (DCA) (hereafter referred to as "a board") must provide specified information, when a license is suspended or revoked, to an ex-licensee through first-class mail and by email if a board has an email address on file for the ex-licensee. EXISTING LAW 1)Permits a board to deny a license, as specified. (Business and Professions Code (BPC) Section 480). 2)Permits a board to suspend or revoke a license on the grounds that the licensee has been convicted of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. (BPC Section 490(a)). AB 1060 Page 2 3)Defines a "conviction," as referenced above, to mean a plea or verdict of guilty or a conviction following a plea of nolo contendere and states that any action that a board is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of a conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order, as specified. (BPC Section 490(c)). 4)Permits a board to suspend a license as specified, if a licensee is not in compliance with a child support order. (BPC Section 490.5). 5)Requires a board, upon a suspension or revocation of a license on one or more of the grounds referenced in two above, to: a) Send a copy of the provisions of Government Code Section 11522 regarding reinstatement or reduction of the penalty, as specified; and, b) A copy of the criteria relating to rehabilitation, as specified. (BPC Section 491(a)(b)). 6)Requires a board, as specified, to develop criteria to evaluate the rehabilitation of a person when: a) Considering the denial of a license; or, b) Considering suspension or revocation of a license. (BPC Section 482(a)(b)). AB 1060 Page 3 7)Requires a board to take into account all competent evidence of rehabilitation furnished by the applicant or licensee. (BPC Section 482). THIS BILL 1)Requires a board to send specified information to an ex-licensee by first class mail and email if a board has an email address on file for the ex-licensee. FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel. COMMENTS 1)Purpose. This bill is author sponsored. According to the author, "Existing law provides for the licensure and regulation of various professions and vocations within the DCA. The boards and bureaus are given independent authority to suspend or revoke a license on the ground that the licensee was convicted of a crime that is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. In the event of a license suspension or revocation, boards and bureaus are required to provide the ex-licensee with certain information regarding rehabilitation, reinstatement, or reduction of the penalty; however, current law does not specify the means by which this notification is to be made. This bill simply clarifies that the required information must be sent by first-class mail and email, if an email address is on file with the board or bureau. This will help create consistency AB 1060 Page 4 amongst the boards and bureaus in distributing the information and will increase the likelihood that an ex-licensee receives this valuable information." 2)Background. This bill will clarify that a board who suspends, revokes, or denies a license is required to inform individuals about pertinent rehabilitation criteria and procedures. Currently, the boards and bureaus under the DCA are required to notify ex-licensees, however, the method of delivery is not specified and may be inconsistent. In addition to the denial of an application for licensure, a board is permitted to suspend or revoke the license of an individual who has been convicted of a crime that is substantially related to the functions or duties of the business or profession for which the individual is licensed. Once a board has decided to suspend or revoke a license, a board is then required to send the ex-licensee, the individual whose license was revoked or suspended, certain information about the procedures and criteria for license rehabilitation. However, the law is not clear on the delivery method for this information to be sent to the ex-licensee. This bill simply requires a board to send the rehabilitation criteria and relevant information by first-class mail and by email if a board has an email address on file for the ex-licensee. A board relies upon individuals to update their email and mailing addresses and does not always have updated contact information. By requiring a board to send this information via mail and electronic mail, it will help ensure that the ex-licensee receives the required material about rehabilitation criteria. License Revocation and License Suspension. Each board has its AB 1060 Page 5 own enforcement provisions and is responsible for determining if a license should be suspended or revoked. According to the DCA, there is no standard method by which a board implements its own suspension and revocation program. Depending on the board, a license revocation typically means that a license will not be reinstated or reissued for a period of one to five years from the effective date of the decision. A license suspension typically means that the licensee is not entitled to operate during the period of suspension. According to the DCA, the number of suspensions and revocations vary based on each board's disciplinary scheme. In fiscal year (FY) 2013-14, the Board of Behavioral Sciences suspended one license and revoked 17, while in FY 2013-14, the Bureau of Real Estate suspended approximately 182 licensed and revoked approximately 649 licenses. Regardless of a suspension or revocation, or a board's disciplinary policies, if a license is suspended or revoked, a board is required to send information about the procedures and criteria for license rehabilitation. This bill specifies that the information is to be sent by first-class mail and email, if the board has an email address on file for the ex-licensee. Prior Related Legislation. AB 1025 (Bass) of 2007, would have provided that an applicant for a license with a board may not be denied licensure, or may not have their license suspended or revoked, solely on the basis that he or she has been convicted of a felony or misdemeanor if they have obtained a certificate of rehabilitation and if the felony or misdemeanor conviction has been dismissed, it shall be presumed that the applicant or licensee has been rehabilitated unless a board proves otherwise. NOTE: This bill was vetoed by Governor Schwarzenegger. REGISTERED SUPPORT / OPPOSITION: AB 1060 Page 6 Support None on file. Opposition None on file. Analysis Prepared by:Elissa Silva / B. & P. / (916) 319-3301