BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 531|
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                                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.









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          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))









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          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  








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          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.








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          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  








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          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


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