BILL NUMBER: SB 531	CHAPTERED
	BILL TEXT

	CHAPTER  261
	FILED WITH SECRETARY OF STATE  SEPTEMBER 3, 2015
	APPROVED BY GOVERNOR  SEPTEMBER 3, 2015
	PASSED THE SENATE  AUGUST 20, 2015
	PASSED THE ASSEMBLY  JULY 16, 2015
	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, 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 licensees whose license or registration
has been revoked, suspended, or placed on probation to petition the
Board of Behavioral Sciences for reinstatement or modification of the
penalty, including modification or termination of probation.
   This bill would authorize the 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 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 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 its authority, does not
deprive the 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.


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 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.