BILL NUMBER: SB 531	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Bates

                        FEBRUARY 26, 2015

   An act to add Sections 4990.31 and 4990.33 to the Business and
Professions Code, relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 531, as introduced, Bates. Board of Behavioral Sciences.
   Existing law provides for the licensure and regulation of marriage
and family therapists, licensed educational psychologists, licensed
clinical social workers, and licensed professional clinical
counselors by the Board of Behavioral Sciences within the Department
of Consumer Affairs.
   Existing law authorizes these licensees whose license or
registration has been revoked, suspended, or placed on probation, to
petition the board for reinstatement or modification of the penalty,
including modification or termination of probation.
   This bill would authorize the board to deny without a hearing a
request to petition for termination of probation or modification of
penalty for specified reasons including, but not limited to, when the
petitioner has failed to comply with the terms and conditions of the
disciplinary order.
   Under existing law, the suspension, expiration, or forfeiture by
operation of law of a license issued by a board in the department, or
its suspension, forfeiture, or cancellation by order of the board or
by order of a court of law, or its surrender without the written
consent of the board, does not, during any period in which it may be
renewed, restored, reissued, or reinstated, deprive the board of its
authority to institute or continue a disciplinary proceeding against
the licensee upon any ground provided by law or to enter an order
suspending or revoking the license or otherwise taking disciplinary
action against the licensee on any such ground.
   This bill would provide that, the expiration, cancellation,
forfeiture, or suspension of a license, or other authority to
practice by operation of law or by order or decision of the board or
a court of law, the placement of a license on a retired status, or
the voluntary surrender of a license by a licensee, of any license
within the board's authority, does not deprive the board of
jurisdiction to commence or proceed with any investigation of, or
action or disciplinary proceeding against, the licensee or to render
a decision suspending or revoking the license.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4990.31 is added to the Business and
Professions Code, to read:
   4990.31.  The board may deny without a hearing a request to
petition for termination of probation or modification of penalty for
any of the following reasons:
   (a) The petitioner has failed to comply with the terms and
conditions of the disciplinary order.
   (b) The board is conducting an investigation of the petitioner
while he or she is on probation.
   (c) The petitioner has a subsequent arrest that is substantially
related to the qualifications, functions, or duties of the licensee
or registrant and this arrest occurred while on probation.
   (d) The petitioner's probation with the board is currently tolled.

  SEC. 2.  Section 4990.33 is added to the Business and Professions
Code, to read:
   4990.33.  Notwithstanding any other law, the expiration,
cancellation, forfeiture, or suspension of a license, registration,
or other authority to practice by operation of law or by order or
decision of the board or a court of law, the placement of a license
on a retired status, or the voluntary surrender of a license or
registration by a licensee or registrant, of any license or
registration within the board's authority, shall not deprive the
board of jurisdiction to commence or proceed with any investigation
of, or action or disciplinary proceeding against, the licensee or
registrant or to render a decision suspending or revoking the license
or registration.