BILL ANALYSIS Ó
AB 2859
Page 1
Date of Hearing: April 27, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2859 (Low) - As Introduced February 19, 2016
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|Policy |Business and Professions |Vote:|16 - 0 |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill 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 who are not actively engaged
in the practice of their profession or vocation.
FISCAL EFFECT:
AB 2859
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1)Minor and absorbable costs to the Department of Consumer
Affairs (DCA) to update regulations, add license status
designations, and update applications.
2)Minor and absorbable costs to DCA for one-time workload
increases associated with IT/BreEZe modifications.
COMMENTS:
1)Purpose. According to the author, "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. 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. By
allowing any of the boards, bureaus, commissions, or programs
within DCA to establish a system for a retired category of
licensure, this bill seeks to provide uniformity to licensing
designation at the DCA.
2)Background. Existing law permits the boards under the DCA to
adopt regulations for issuing inactive licenses. The law
requires that the regulations cover fees, renewal, restoration
to active status, and practice restrictions. In addition,
there are 13 boards with the authority to issue retired
licenses. This bill would provide the remaining boards with
the authority to establish a system for retired category of
licensure.
AB 2859
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3)BreEZe. In 2009, DCA proposed the BreEZe information
technology system and the California Department of Technology
(CalTech) approved the proposal. BreEZe was envisioned to
replace DCA's out of date Legacy technology system and would
provide needed applicant tracking of licensing, renewal,
enforcement monitoring and cashiering support for 37 of the 40
boards, bureaus, committees and one commission housed within
DCA. The project began in 2011, and BreEZe was launched for
ten of the regulatory entities (Release 1) in 2013. Release 2
of BreEZe was launched for eight additional entities on
January 19, 2016. At this time there are no formal plans to
expand BreEZe to the 19 boards in Release 3. Instead, DCA
intends to conduct a cost-benefit analysis for Release 3
boards after Release 2 is completed this year.
DCA indicates there is a maintenance backlog of almost 600
items for boards in Release 1 and no current timeline for
completion of these system fixes. Maintenance demands are
expected to double following Release 2.
DCA further indicates that the poor adaptability of BreEZe to
respond to new system demands has resulted in the
implementation delay of 11 new substantive policy changes
passed by the Legislature as far back as 2013. These changes
have not been incorporated into the current BreEZe system and
are currently awaiting workarounds or new builds into the
system. Some of this new legislation involves boards in
Release 1 which have been waiting for Release 2 to go live
before changes can be made to the system to address new
requirements.
4)Prior Legislation.
AB 2859
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a) AB 750 (Low, 2015) was substantially similar to this
bill. It was held on this Committee's Suspense file.
b) 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.
c) 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.
d) 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.
e) SB 1215 (Emmerson), Chapter 359, Statutes of 2012,
established a retired license status and a retired license
with a volunteer service designation for optometrists.
f) 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.
AB 2859
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g) 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
established a $40 fee for a retired license.
Analysis Prepared by:Jennifer Swenson / APPR. / (916)
319-2081