BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
                              Senator Jerry Hill, Chair
                                2015 - 2016  Regular 

          Bill No:            SB 531          Hearing Date:    April 6,  
          2015
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          |Author:   |Bates                                                 |
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          |Version:  |February 26, 2015                                     |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Janelle Miyashiro                                     |
          |:         |                                                      |
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                       Subject:  Board of Behavioral Sciences.

          
          SUMMARY:  Authorizes the Board of Behavioral Sciences (Board) to deny a  
          petition, without a hearing, for termination of probation or  
          modification of penalty of a licensee under specific criteria.   
          Also authorizes the Board to pursue disciplinary or  
          investigative action against a licensee regardless of license  
          status.

          Existing law:
          
          1)The functions of the Board are to:

             a)   License marriage and family therapists, clinical social  
               workers, professional clinical counselors, and educational  
               psychologists.

             b)   Develop and administer licensure examinations and  
               examination procedures.

             c)   Enforce laws designed to protect the public from  
               incompetent, unethical, or unprofessional practice of the  
               profession.

             d)   Consumer education.  (BPC §4990.18)

          2)Authorizes the Board to take disciplinary action against a  
            licensee's unprofessional conduct, which may include denial of  







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            licensure or revocation, suspension, or restriction of the  
            license with conclusive evidence of the unprofessional action.  

          (BPC §4990.38)

          3)Authorizes a licensee whose license or registration has been  
            revoked, suspended, or placed on probation, to petition the  
            board for reinstatement or modification of the penalty.  (BPC  
            §4990.30(a))

          4)States that no petition will be considered while the  
            petitioner is under sentence for any criminal offense,  
            including the time period during which the petitioner is on  
            court-imposed probation or parole.  (BPC §4990.30(l))

          5)Authorizes the Board to deny without hearing or argument any  
            petition that is filed if the petitioner has been disciplined  
            for violation of action by a licensing agency when the  
            licensing agency has determined the licensee is unable to  
            practice his or her profession safely due to mental or  
            physical illness. (BPC §822 and BPC 4990.30(m))

          
          This bill:

          1)Authorizes the Board to deny, without a hearing, a petition  
            for termination of probation or modification of penalty of a  
            licensee when:

             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 professional duties of the  
               licensee and this arrest occurred while on probation.

             d)   The petitioner's probation with the board is currently  
               tolled.

          2)Authorizes the Board to continue to pursue an investigation or  
            disciplinary action against a licensee even when the license  








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            has expired or been surrendered.

          
          FISCAL  
          EFFECT:  Unknown.  This bill has been keyed "fiscal" by  
          legislative counsel.

          
          COMMENTS:
          
          1. Purpose.  This bill is sponsored by the  Board of Behavioral  
             Sciences  .  According to the Author, "this bill makes two  
             amendments to streamline the Board's enforcement process" by  
             modifying "the Board's requirements for an individual to  
             petition for a termination of probation or modification of  
             penalty."  

             The Author also states that "the second portion of the bill  
             would ensure that the Board is able to follow-through with  
             disciplinary cases and conduct investigations, regardless if  
             the license or registration status of a mental health  
             professional has changed or expired, ensuring the  
             accountability of all petitioners".

          2. Background.  According to the Board, it's Enforcement Unit  
             has received an increasing number of requests to petition for  
             early termination of probation or modification of penalty.   
             The Board finds, however, that in an increasing number of  
             these cases, the petitioner is not in compliance with his or  
             her probation terms. Under current law, the Board must still  
             process these petitions and bring them to a hearing even  
             though oftentimes, the petitioner's request will ultimately  
             be denied due to noncompliance. 

             Another enforcement concern for the Board, is that it has  
             found several issues that have occurred because of loopholes  
             in the current law.  One, within the B&P Code, has allowed  
             for registrants with expired registrations to be discontinued  
             from a disciplinary hearing.  This occurred because, in order  
             to renew the registration after the sixth year, the  
             registrants would have to receive a new number.  The law does  
             not currently allow for a disciplinary case to continue  
             without the same number.









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             In a similar case, the Medical Board of California lost in  
             the Court of Appeals when it attempted to take disciplinary  
             action against a licensee who held a retired license. The  
             court ruled that the board's law did not allow for action  
             against a retired license status. The Medical Board has since  
             fixed this issue through legislation and streamlined its  
             processes.

             This bill would authorize the Board to deny, without a  
             hearing, a petition for termination or modification of  
             penalty of a licensee who is in noncompliance of his or her  
             probation terms.  The Board has a probation monitor who has  
             oversight into licensee violations and thus can report when a  
             licensee is in noncompliance with his or her probation terms.  
              The four specific criteria for such denial (listed above)  
             are in line with the Board's disciplinary orders listed in  
             their Disciplinary Guidelines.  

             The Disciplinary Guidelines consist of:
              
               (1)  An identification of the types of violations and range  
               of penalties for which discipline may be imposed; which  
               include (but are not limited to) sexual misconduct,  
               impaired ability to function safely due to mental or  
               physical illness, gross negligence, chemical dependency,  
               general unprofessional conduct, etc.

                  (2)  Model language for proposed terms and conditions of  
             probation as well as
               Board Policies and Guidelines for handling cases of  
             misconduct

             The bill would also authorize the Board to pursue  
             investigative or disciplinary action against a licensee  
             regardless of the license status to ensure continued  
             accountability of the licensee.  

          3. Arguments in Support.  Writing in support of the bill, the  
              Board of Behavioral Sciences  states that "the goal of the  
             proposed changes is to increase the clarity and the  
             efficiency of the enforcement process".  
             
             The Board states that under the proposed amendments, "the  
             Board may deny a petition without hearing if the petitioner  








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             is not in compliance with the terms of his or her probation"  
             and "clarifies that the Board has jurisdiction to investigate  
             and take disciplinary action even if the status of a license  
             or registration changes or if the license or registration  
             expires". 


          SUPPORT AND OPPOSITION:
          
           Support:  

          Board of Behavioral Sciences (Sponsor)

           Opposition:  

          None on file as of 3/31/15.

                                      -- END --