BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2859


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          Date of Hearing:   April 12, 2016


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                  Rudy Salas, Chair


          AB 2859  
          (Low) - As Introduced February 19, 2016


          SUBJECT:  Professions and vocations:  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 for persons not actively engaged in the  
          practice of their profession.


          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 Sections 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 Sections 462(b)(1), 702)


          3)Requires a board's regulations to require an inactive license  








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            to be renewed during the same time period in which an active  
            license is renewed. (BPC Sections 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 Section 462(b)(3))


          5)Requires a healing arts board's regulations to charge a  
            renewal fee for both and active and inactive license. (BPC  
            Section 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 Section 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 Section 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









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             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. 

          2)Requires the regulation to contain the following:



             a)   The holder of a retired license may not engage in any  
               activity for which a license is required, unless the board,  
               by regulation specifies the criteria for a retired licensee  
               to practice his or her profession or vocation;

             b)   The holder of a retired license may not be required to  
               renew a retired license; and,



             c)   In order for the holder of a retired license to restore  
               his or her retired license to an active status, the license  
               holder must meet all of the following:



               i)     Pay a fee established by statute or regulation;

               ii)    Certify, in a manner satisfactory to the board, the  
                 he or she has not committed any act or crime constituting  
                 grounds for denial of licensure;








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               iii)   Comply with the fingerprint submission requirements  
                 established by regulation;



               iv)    If the board requires completion of continuing  
                 education for renewal of an active license, complete  
                 continuing education equivalent to that required by  
                 renewal if an active license, unless a different  
                 requirement is specified by the board; and, 



               v)     Complete any other requirements as specified by the  
                 board by regulation.



          3)Authorizes a board, upon its own determination, and upon  
            receipt of a complaint from any 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.



          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel. 


          COMMENTS:


          Purpose.  This bill authorizes any of the boards under the DCA  
          to establish, through regulations, a system to allow for a  








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          retired license category for those licensees who no longer wish  
          to practice their profession or vocation but who do not want  
          their license to become "inactive".  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 [the] 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."


          Background.  Existing law permits the boards under the DCA to  
          adopt regulations to establish a system for issuing inactive  
          licenses.  The law requires that those regulations cover fees,  
          renewal, restoration to active status, and practice  
          restrictions. 


          There are two differences to the laws permitting regulations for  
          inactive licenses for non-healing arts boards and healing arts  
          boards: 1) 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; and, 2) the  
          restoration fee is waived for a physician and surgeon that  
          certifies he or she is restoring the inactive license to an  
          active license solely for volunteer purposes.


          Retired Licenses.  According to the author, some licensees  
          disfavor an "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  








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          legislation specific to their licensees 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, including: 


          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 


          10)Board of Podiatric Medicine 









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          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.   
          This bill does not require boards to offer a retired license. 


          BreEZe.  The "BreEZe Project" was designed to provide the DCA  
          boards with a new enterprise-wide enforcement and licensing  
          system.  The updated BreEZe system was engineered to replace  
          outdated legacy systems and multiple "work around" systems with  
          an integrated solution based on updated technology.  BreEZe  
          enables consumers to verify a professional license and file a  
          consumer complaint.  Licensees and applicants can submit license  
          applications, renew a license and change their address among  
          other services.  The initial BreEZe project was to be  
          implemented in three separate phases.  Release one was launched  
          in October of 2013, and included 10 boards.  Release two was  
          launched in January of 2016 and included 8 boards.  The  
          remaining boards will be in a final release in which the vendor  
          and the release date have not been identified.  Consumers can  
          verify licensure status through the BreEZe system.
          
          A substantially similar version of this bill was introduced in  
          2015.  AB 750 (Low), of 2015, passed the Assembly Committee on  
          Business and Professions (14-0) on April 14, 2015, but was  
          subsequently held in the Assembly Committee on Appropriations.   
          The Appropriations Committee analysis noted potential delays and  
          costs associated with the Release two of the BreEZe project.   
          That analysis noted "[o]ne-time major state costs, likely in the  








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          millions of dollars, resulting from contract delays for Release  
          2 boards and bureaus if this bill is implemented prior to  
          January 1, 2017.  At this stage of the implementation, DCA would  
          likely have to renegotiate the vendor contract and likely  
          trigger a Special Project Report resulting in project delays.   
          Currently, project delay costs are $1.25 million per month for  
          the vendor contract and an additional $500,000 per month in  
          additional state costs associated with the project."  


          It is unknown if similar costs or the issues cited prior to the  
          implementation of Release two will impact any boards' ability to  
          offer a retired license status.  This bill does not require a  
          board to establish a retired license, but simply authorizes a  
          board to establish, through regulation, a process to offer a  
          retired status license. 


          Prior Related Legislation.  AB 750 (Low), of 2015, would have  
          authorized any of the boards, within the DCA to establish, by  
          regulation, a system for a retired category of licensure. Note:   
          This bill was held in the Assembly Committee on Appropriations. 


          AB 1253 (Steinorth) Chapter, 125, Statutes of 2015, established  
          educational and training requirements for an optometrist seeking  
          a license with retired volunteer service designation (volunteer  
          license) who has not held an active license in more than three  
          years.   


          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  








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          restore a retired license from retired to active status from  
          five to three years.


          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.


          REGISTERED SUPPORT:  


          California Association of Psychiatric Technicians
          Contractors State License Board


          REGISTERED OPPOSITION:  
          None of file.




          Analysis Prepared by:Elissa Silva / B. & P. / (916) 319-3301











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