SB 531, as amended, 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Existing law authorizesbegin delete theseend delete licensees whose license or registration has been revoked, suspended, or placed onbegin delete probation,end deletebegin insert probationend insert to petition the board for reinstatement or modification of the penalty, including modification or termination of probation.
This bill would authorize thebegin delete boardend deletebegin insert Board of Behavioral Sciencesend insert 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 thebegin insert specificend insert board, does not, during any
period in which it may be renewed, restored, reissued, or reinstated, deprivebegin delete theend deletebegin insert thatend insert 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,begin insert subject to specific limitation periods imposed on the filing of accusations,end insert the expiration, cancellation, forfeiture, or suspension of a license, or other authority to practice by operation of law or by order or decision of thebegin delete boardend deletebegin insert
Board of Behavioral Sciencesend insert 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 withinbegin delete the board’send deletebegin insert itsend insert authority, does not deprive thebegin delete boardend deletebegin insert Board of Behavioral Sciencesend insert 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 4990.31 is added to the Business and
2Professions Code, to read:
The board may deny without a hearing a request to
4petition for termination of probation or modification of penalty
5for any of the following reasons:
6(a) The petitioner has failed to comply with the terms and
7conditions of the disciplinary order.
8(b) The board is conducting an investigation of the petitioner
9while he or she is on probation.
10(c) The petitioner has a subsequent arrest that is substantially
11related to the qualifications, functions, or duties of the licensee or
12registrant and this arrest occurred while on probation.
13(d) The petitioner’s probation with the board is currently tolled.
Section 4990.33 is added to the Business and
15Professions Code, to read:
Notwithstanding any other law,begin insert except as provided
17in Section 4990.32,end insert the expiration, cancellation, forfeiture, or
18suspension of a license, registration, or other authority to practice
19by operation of law or by order or decision of the board or a court
20of law, the placement of a license on a retired status, or the
21voluntary surrender of a license or registration by a licensee or
P3 1registrant, of any license or registration within thebegin delete board’s begin insert authority of the board,end insert shall not
deprive the board of
2authority,end delete
3jurisdiction to commence or proceed with any investigation of, or
4action or disciplinary proceeding against, the licensee or registrant
5or to render a decision suspending or revoking the license or
6registration.
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