BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 531| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 531 Author: Bates (R) Amended: 6/25/15 Vote: 21 SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 4/6/15 AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 SENATE FLOOR: 34-0, 4/27/15 AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Hall, Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Morrell, Nguyen, Nielsen, Pan, Roth, Runner, Stone, Wieckowski, Wolk NO VOTE RECORDED: Hertzberg, Monning, Moorlach, Pavley, Vidak ASSEMBLY FLOOR: 79-0, 7/16/15 (Consent) - See last page for vote SUBJECT: Board of Behavioral Sciences SOURCE: Board of Behavioral Sciences DIGEST: This bill 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. This bill also authorizes the Board to pursue disciplinary or investigative action against a licensee regardless of license status within a specific limitation period. SB 531 Page 2 Assembly Amendments add specific limitation periods on the filing of accusations against a licensee in which the Board is authorized to pursue an investigation or enforce a disciplinary action, even if the licensee has a license that is expired, cancelled, forfeited, or suspended. ANALYSIS: 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. (Business and Professions Code (BPC) §4990.18) 2)Authorizes the Board to take disciplinary action against a licensee's unprofessional conduct, which may include denial of 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 (BPC §4990.38) 3)Authorizes a licensee whose license or registration has been revoked, suspended, or placed on probation, to petition the Board for reinstatement or modification of the penalty.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)) SB 531 Page 3 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)) 6)Establishes specific limitations for an accusation filed against a licensee or registrant. Any accusation must be filed within three or years from the date the Board discovers the alleged act or omission or within seven years from the date the alleged act or omission occurred, whichever comes first. (BPC §4990.32) 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 has expired or been surrendered, except for the time limitations for accusations filed as provided in BPC §4990.32. Background According to the Board, its Enforcement Unit has received an increasing number of requests to petition for early termination SB 531 Page 4 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 existing 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 existing law. One, within the BPC, 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. In a similar case, the Medical Board of California (MBC) 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 MBC's law did not allow for action against a retired license status. The MBC has since fixed this issue through legislation and streamlined its processes. This bill authorizes 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. SB 531 Page 5 2)Model language for proposed terms and conditions of probation as well as Board Policies and Guidelines for handling cases of misconduct. This bill also authorizes the Board to pursue investigative or disciplinary action against a licensee regardless of the license status to ensure continued accountability of the licensee. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Assembly Appropriations Committee, this bill will result in minor and absorbable costs to the Board (Behavioral Science Examiners Fund). SUPPORT: (Verified8/10/15) Board of Behavioral Sciences (source) OPPOSITION: (Verified8/10/15) None received 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 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 SB 531 Page 6 registration expires". ASSEMBLY FLOOR: 79-0, 7/16/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Gordon Prepared by:Janelle Miyashiro & Sarah Huchel / B., P. & E.D. / (916) 651-4104 8/17/15 10:54:52 **** END ****