BILL NUMBER: AB 2191 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 27, 2010
AMENDED IN ASSEMBLY MARCH 25, 2010
AMENDED IN ASSEMBLY MARCH 18, 2010
INTRODUCED BY Assembly Member Emmerson
FEBRUARY 18, 2010
An act to amend Sections 4984.7, 4989.68, 4996.3, and 4999.120 of,
and to add Sections 4984.41, 4989.45, 4997.1, and 4999.113 to, the
Business and Professions Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2191, as amended, Emmerson. Healing arts: behavioral sciences:
licensure.
Existing law provides for the licensure and regulation of marriage
and family therapists, clinical social workers, educational
psychologists, and professional clinical counselors by the Board of
Behavioral Sciences within the Department of Consumer Affairs.
Existing law fixes the license fees and creates the Behavioral
Sciences Fund in the State Treasury into which these license fees are
deposited. Existing law specifies requirements for renewal of these
licenses, including completing continuing education, as specified.
This bill would require the board to issue a retired license to a
marriage and family therapist, clinical social worker, educational
psychologist, and professional clinical counselor who holds a license
that is current and active or capable of being renewed, and whose
license is not suspended, revoked, or otherwise punitively restricted
by the board or subject to disciplinary action. The bill would
prohibit a retired license holder from engaging in any activity for
which an active license in his or her respective profession is
required. The bill would provide that a retired license holder may
have his or her license restored to active status if the holder has
not committed an act or crime constituting grounds for denial of
licensure, and the holder applies for licensure, pays the required
fee, passes the examination required for licensure, and
completes specified continuing education requirements
, and complies with fingerprint submission requirements,
as specified . The bill would fix the retired license fee at
$40.
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 4984.41 is added to the Business and
Professions Code, to read:
4984.41. (a) The board shall issue, upon application and payment
of the fee fixed by this chapter, a retired license to a marriage and
family therapist who holds a license that is current and active or
capable of being renewed, and whose license is not suspended,
revoked, or otherwise punitively restricted by the board or subject
to disciplinary action under this chapter.
(b) The holder of a retired license issued pursuant to this
section shall not engage in any activity for which an active marriage
and family therapist license is required.
(c) The holder of a retired license shall not be required to renew
that license.
(d) The holder of a retired license may apply to restore to
active status his or her license to practice marriage and family
therapy if that retired license was issued less than five years
prior to the application date, who has not committed an act
or crime constituting grounds for denial of licensure, may restore
his or her license to practice marriage and family therapy to active
status by: and the applicant meets all of the
following requirements:
(1) Has not committed an act or crime constituting grounds for
denial of licensure.
(1) Paying
(2) Pays the renewal fee required
by this chapter.
(2) Completing
(3) Completes the required
continuing education as specified in Section 4980.54.
(e) The holder of a retired license issued more than five years
prior to the application date, who has not committed an act or crime
constituting grounds for denial of licensure may have his or her
license to practice marriage and family therapy restored to active
status by:
(4) Complies with the fingerprint submission requirements set
forth in Section 1815 of Title 16 of the California Code of
Regulations.
(e) An applicant requesting to restore his or her license pursuant
to subdivision (d), whose license was issued in accordance with this
section less than one year from the date of the application, shall
complete 18 hours of continuing education as specified in Section
4980.54.
(f) An applicant requesting to restore his or her license pursuant
to subdivision (d), whose license was issued in accordance with this
section one or more years from the date of the application, shall
complete 36 hours of continuing education as specified in Section
4980.54.
(g) The holder of a retired license may apply to restore to active
status his or her license to practice marriage and family therapy if
that retired license was issued five or more years prior to the
application date, and the applicant meets all of the following
requirements:
(1) Has not committed an act or crime constituting grounds for
denial of licensure.
(1) Applying for licensure and paying
(2) Applies for licensure and pays
the fee required by this chapter.
(2) Passing
(3) Passes the examinations required for licensure.
(4) Complies with the fingerprint submission requirements set
forth in Section 1815 of Title 16 of the California Code of
Regulations.
SEC. 2. Section 4984.7 of the Business and Professions Code is
amended to read:
4984.7. (a) The board shall assess the following fees relating to
the licensure of marriage and family therapists:
(1) The application fee for an intern registration shall be
seventy-five dollars ($75).
(2) The renewal fee for an intern registration shall be
seventy-five dollars ($75).
(3) The fee for the application for examination eligibility shall
be one hundred dollars ($100).
(4) The fee for the standard written examination shall be one
hundred dollars ($100). The fee for the clinical vignette examination
shall be one hundred dollars ($100).
(A) An applicant who fails to appear for an examination, after
having been scheduled to take the examination, shall forfeit the
examination fee.
(B) The amount of the examination fees shall be based on the
actual cost to the board of developing, purchasing, and grading each
examination and the actual cost to the board of administering each
examination. The examination fees shall be adjusted periodically by
regulation to reflect the actual costs incurred by the board.
(5) The fee for rescoring an examination shall be twenty dollars
($20).
(6) The fee for issuance of an initial license shall be a maximum
of one hundred eighty dollars ($180).
(7) The fee for license renewal shall be a maximum of one hundred
eighty dollars ($180).
(8) The fee for inactive license renewal shall be a maximum of
ninety dollars ($90).
(9) The renewal delinquency fee shall be a maximum of ninety
dollars ($90). A person who permits his or her license to expire is
subject to the delinquency fee.
(10) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
(11) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
(12) The fee for issuance of a retired license shall be forty
dollars ($40).
(b) With regard to license, examination, and other fees, the board
shall establish fee amounts at or below the maximum amounts
specified in this chapter.
SEC. 3. Section 4989.45 is added to the Business and Professions
Code, to read:
4989.45. (a) The board shall issue, upon application and payment
of the fee fixed by this chapter, a retired license to a licensed
educational psychologist who holds a license that is current and
active or capable of being renewed, and whose license is not
suspended, revoked, or otherwise punitively restricted by the board
or subject to disciplinary action under this chapter.
(b) The holder of a retired license issued pursuant to this
section shall not engage in any activity for which an active
educational psychologist license is required.
(c) The holder of a retired license shall not be required to renew
that license.
(d) The holder of a retired license may apply to restore to
active status his or her license to practice educational
psychology if that retired license was issued less than five
years prior to the application date, who has not committed
an act or crime constituting grounds for denial of licensure, may
have his or her license to practice educational psychology restored
to active status by: and the applicant meets all of
the following requirements:
(1) Has not committed an act or crime constituting grounds for
denial of licensure.
(1) Paying
(2) Pays the renewal fee fixed by
this chapter.
(2) Completing
(3) Completes the required
continuing education as specified in Section 4989.34.
(e) The holder of a retired license issued more than five years
prior to the application date, who has not committed an act or crime
constituting grounds for denial of licensure, may have his or her
license to practice educational psychology restored to active status
by:
(4) Complies with the fingerprint submission requirements set
forth in Section 1815 of Title 16 of the California Code of
Regulations.
(e) An applicant requesting to restore his or her license pursuant
to subdivision (d), whose license was issued in accordance with this
section less than one year from the date of the application, shall
complete 18 hours of continuing education as specified in Section
4989.34.
(f) An applicant requesting to restore his or her license pursuant
to subdivision (d), whose license was issued in accordance with this
section one or more years from the date of application, shall
complete 36 hours of continuing education as specified in Section
4989.34.
(g) The holder of a retired license may apply to restore to active
status his or her license to practice educational psychology if that
retired license was issued five or more years prior to the
application date, and the applicant meets all of the following
requirements:
(1) Has not committed an act or crime constituting grounds for
denial of licensure.
(1) Applying for licensure and paying
(2) Applies for licensure and pays
the required fee.
(2) Passing
(3) Passes the examinations
required for licensure.
(4) Complies with the fingerprint submission requirements set
forth in Section 1815 of Title 16 of the California Code of
Regulations.
SEC. 4. Section 4989.68 of the Business and Professions Code is
amended to read:
4989.68. (a) The board shall assess the following fees relating
to the licensure of educational psychologists:
(1) The application fee for examination eligibility shall be one
hundred dollars ($100).
(2) The fee for issuance of the initial license shall be a maximum
amount of one hundred fifty dollars ($150).
(3) The fee for license renewal shall be a maximum amount of one
hundred fifty dollars ($150).
(4) The delinquency fee shall be seventy-five dollars ($75). A
person who permits his or her license to become delinquent may have
it restored only upon payment of all the fees that he or she would
have paid if the license had not become delinquent, plus the payment
of any and all delinquency fees.
(5) The written examination fee shall be one hundred dollars
($100). An applicant who fails to appear for an examination, once
having been scheduled, shall forfeit any examination fees he or she
paid.
(6) The fee for rescoring a written examination shall be twenty
dollars ($20).
(7) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
(8) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
(9) The fee for issuance of a retired license shall be forty
dollars ($40).
(b) With regard to all license, examination, and other fees, the
board shall establish fee amounts at or below the maximum amounts
specified in this chapter.
SEC. 5. Section 4996.3 of the Business and Professions Code is
amended to read:
4996.3. (a) The board shall assess the following fees relating to
the licensure of clinical social workers:
(1) The application fee for registration as an associate clinical
social worker shall be seventy-five dollars ($75).
(2) The fee for renewal of an associate clinical social worker
registration shall be seventy-five dollars ($75).
(3) The fee for application for examination eligibility shall be
one hundred dollars ($100).
(4) The fee for the standard written examination shall be a
maximum of one hundred fifty dollars ($150). The fee for the clinical
vignette examination shall be one hundred dollars ($100).
(A) An applicant who fails to appear for an examination, after
having been scheduled to take the examination, shall forfeit the
examination fees.
(B) The amount of the examination fees shall be based on the
actual cost to the board of developing, purchasing, and grading each
examination and the actual cost to the board of administering each
examination. The written examination fees shall be adjusted
periodically by regulation to reflect the actual costs incurred by
the board.
(5) The fee for rescoring an examination shall be twenty dollars
($20).
(6) The fee for issuance of an initial license shall be a maximum
of one hundred fifty-five dollars ($155).
(7) The fee for license renewal shall be a maximum of one hundred
fifty-five dollars ($155).
(8) The fee for inactive license renewal shall be a maximum of
seventy-seven dollars and fifty cents ($77.50).
(9) The renewal delinquency fee shall be seventy-five dollars
($75). A person who permits his or her license to expire is subject
to the delinquency fee.
(10) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
(11) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
(12) The fee for issuance of a retired license shall be forty
dollars ($40).
(b) With regard to license, examination, and other fees, the board
shall establish fee amounts at or below the maximum amounts
specified in this chapter.
SEC. 6. Section 4997.1 is added to the Business and Professions
Code, to read:
4997.1. (a) The board shall issue, upon application and payment
of the fee fixed by this chapter, a retired license to a licensed
clinical social worker who holds a license that is current and active
or capable of being renewed and whose license is not suspended,
revoked, or otherwise punitively restricted by the board or subject
to disciplinary action under this chapter.
(b) The holder of a retired license issued pursuant to this
section shall not engage in any activity for which an active clinical
social worker license is required.
(c) The holder of a retired license shall not be required to renew
that license.
(d) The holder of a retired license may apply to restore to
active status his or her license to practice clinical social work if
that retired license was issued less than five years prior to
the application date, who has not committed an act or crime
constituting grounds for denial of licensure, may have his or her
license to practice clinical social work restored to active status
by: and the applicant meets all of the following
requirements:
(1) Has not committed an act or crime constituting grounds for
denial of licensure.
(1) Paying
(2) Pays the required renewal
fee.
(2) Completing
(3) Completes the required
continuing education as specified in Section 4996.22.
(e) The holder of a retired license issued more than five years
prior to the application date, who has not committed an act or crime
constituting grounds for denial of licensure, may have his or her
license to practice clinical social work restored to active status
by:
(4) Complies with the fingerprint submission requirements set
forth in Section 1815 of Title 16 of the California Code of
Regulations.
(e) An applicant requesting to restore his or her license pursuant
to subdivision (d), whose license was issued in accordance with this
section less than one year from the date of the application, shall
complete 18 hours of continuing education as specified in Section
4996.22.
(f) An applicant requesting to restore his or her license pursuant
to subdivision (d), whose license was issued in accordance with this
section one or more years from the date of application, shall
complete 36 hours of continuing education as specified in Section
4996.22.
(g) The holder of a retired license may apply to restore to active
status his or her license to practice clinical social work if that
retired license was issued five or more years prior to the
application date, and the applicant meets all of the following
requirements:
(1) Has not committed an act or crime constituting grounds for
denial of licensure.
(1) Applying for licensure and paying
(2) Applies for licensure and pays
the required fees.
(2) Passing
(3) Passes the examinations
required for licensure.
(4) Complies with the fingerprint submission requirements set
forth in Section 1815 of Title 16 of the California Code of
Regulations.
SEC. 7. Section 4999.113 is added to the Business and Professions
Code, to read:
4999.113. (a) The board shall issue, upon application and payment
of the fee fixed by this chapter, a retired license to a
professional clinical counselor who holds a license that is current
and active or capable of being renewed and whose license is not
suspended, revoked, or otherwise punitively restricted by the board
or subject to disciplinary action under this chapter.
(b) The holder of a retired license issued pursuant to this
section shall not engage in any activity for which an active
professional clinical counselor license is required.
(c) The holder of a retired license shall not be required to renew
that license.
(d) The holder of a retired license issued less than five years
prior to the application date, who has not committed an act or crime
constituting grounds for denial of licensure, may have his or her
license to practice professional clinical counseling restored to
active status by:
(d) The holder of a retired license may apply to restore to active
status his or her license to practice professional clinical
counseling if that retired license was issued less than five years
prior to the application date, and the applicant meets all of the
following requirements:
(1) Has not committed an act or crime constituting grounds for
denial of licensure.
(1) Paying
(2) Pays the required renewal
fee.
(2) Completing
(3) Completes the required
continuing education as specified in Section 4999.76.
(e) The holder of a retired license issued more than five years
prior to the application date, who has not committed an act or crime
constituting grounds for denial of licensure, may have his or her
license to practice professional clinical counseling restored to
active status by:
(4) Complies with the fingerprint submission requirements set
forth in Section 1815 of Title 16 of the California Code of
Regulations.
(e) An applicant requesting to restore his or her license pursuant
to subdivision (d), whose license was issued in accordance with this
section less than one year from the date of the application, shall
complete 18 hours of continuing education as specified in Section
4999.76.
(f) An applicant requesting to restore his or her license pursuant
to subdivision (d), whose license was issued in accordance with this
section one or more years from the date of application, shall
complete 36 hours of continuing education as specified in Section
4999.76.
(g) The holder of a retired license may apply to restore to active
status his or her license to practice professional clinical
counseling if that retired license was issued five or more years
prior to the application date, and the applicant meets all of the
following requirements:
(1) Has not committed an act or crime constituting grounds for
denial of licensure.
(1) Applying for licensure and paying
(2) Applies for licensure and pays
the required fees.
(2) Passing
(3) Passes the examinations
required for licensure.
(4) Complies with the fingerprint submission requirements set
forth in Section 1815 of Title 16 of the California Code of
Regulations.
SEC. 8. Section 4999.120 of the Business and Professions Code is
amended to read:
4999.120. The board shall assess fees for the application for and
the issuance and renewal of licenses and for the registration of
interns to cover administrative and operating expenses of the board
related to this chapter. Fees assessed pursuant to this section shall
not exceed the following:
(a) The fee for the application for examination eligibility shall
be up to two hundred fifty dollars ($250).
(b) The fee for the application for intern registration shall be
up to one hundred fifty dollars ($150).
(c) The fee for the application for licensure shall be up to one
hundred eighty dollars ($180).
(d) The fee for the jurisprudence and ethics examination required
by Section 4999.54 shall be up to one hundred fifty dollars ($150).
(e) The fee for the examination described in subdivision (b) of
Section 4999.54 shall be up to one hundred dollars ($100).
(f) The fee for the written examination shall be up to two hundred
fifty dollars ($250).
(g) The fee for the issuance of a license shall be up to two
hundred fifty dollars ($250).
(h) The fee for annual renewal of licenses issued pursuant to
Section 4999.54 shall be up to one hundred fifty dollars ($150).
(i) The fee for annual renewal of an intern registration shall be
up to one hundred fifty dollars ($150).
(j) The fee for two-year renewal of licenses shall be up to two
hundred fifty dollars ($250).
(k) The fee for issuance of a retired license shall be forty
dollars ($40).
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