BILL ANALYSIS Ó
AB 2859
Page 1
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
AB 2859
Page 2
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
AB 2859
Page 3
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;
AB 2859
Page 4
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
AB 2859
Page 5
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
AB 2859
Page 6
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
AB 2859
Page 7
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
AB 2859
Page 8
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
AB 2859
Page 9
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
AB 2859
Page 10