BILL NUMBER: SB 531	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 25, 2015

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 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 authorizes  these  licensees whose
license or registration has been revoked, suspended, or placed on
 probation,   probation  to petition the
board for reinstatement or modification of the penalty, including
modification or termination of probation.
   This bill would authorize the  board   Board
of Behavioral Sciences  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  specific  board, does not, during any period
in which it may be renewed, restored, reissued, or reinstated,
deprive  the   that  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,  subject to specific limitation
periods imposed on the filing of accusations,  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   Board of Behavioral Sciences 
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   its  authority, does
not deprive the  board   Board of Behavioral
Sciences  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,  except as provided
in Section 4990.32,  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,   authority of the board,  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.