BILL ANALYSIS
AB 2191
Page 1
Date of Hearing: April 6, 2010
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 2191 (Emmerson) - As Amended: March 25, 2010
SUBJECT : Healing arts: behavioral sciences: licensure.
SUMMARY : Requires the Board for Behavioral Sciences (BBS) to
issue a retired license to a marriage and family therapist
(MFT), educational psychologist (EP), clinical social worker
(LCSW) and professional clinical counselor (PCC), as specified.
Specifically, this bill :
1)Authorizes BBS to issue a retired license to an MFT, EP, LCSW,
or PCC 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 BBS or subject
to disciplinary action, as specified.
2)Prohibits the holder of a retired license to engage in any
activity for which an active MFT, EP, LCSW, or PCC license is
required.
3)Specifies that the holder of a retired MFT, EP, LCSW, or PCC
license is not required to renew that license.
4)Allows the holder of a retired MFT, EP, LCSW, or PCC 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 to restore his or her license to practice
marriage and family therapy, educational psychology, clinical
social work, or professional clinical counseling to active
status by paying the required fee and completing required
continuing education, as specified.
5)Allows the holder of a retired MFT, EP, LCSW, or PCC 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, to restore his or her license to practice
marriage and family therapy, educational psychology, clinical
social work, or professional clinical counseling to active
status by applying for licensure, paying the required fee and
passing the examinations required for licensure.
AB 2191
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6)Establishes a $40 fee for the issuance of a retired MFT, EP,
LCSW, or PCC license.
EXISTING LAW provides for the licensure of MFTs, EPs, LCSWs, and
PCCs by the BBS within the Department of Consumer Affairs.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office,
"Currently, when MFTs, EPs, LCSWs, and PCCs retire from
practice, they can either request to be placed on inactive
status or allow their license to expire. If licensees request
to have their license placed on inactive status, then they must
pay a biennial fee that is one-half of the standard active
renewal fees. Under inactive status, licensees are not
permitted to practice in California and are exempt from
complying with continuing education requirements. If licensees
allow their license to expire, then they pay no fee to the Board
and their license will go into delinquent status and be
cancelled after three years.
"There are two major complaints among licensees regarding the
license status options available to them upon retirement. First
of all, renewing under inactive status requires licensees to pay
the renewal fee every two years when they have no intention of
ever practicing again. Licensees should not have to continue
paying fees while they are retired. Secondly, if licensees
choose to not pay the fees and have their license expire, they
are considered delinquent until the license is cancelled after
three years. Delinquency implies that the licensee is
non-compliant with Board requirements, such as past due fees or
not fulfilling the continuing education requirement. It is
unacceptable that licensees should be given a delinquent status
and have their reputations tarnished when they simply are
retired.
"AB 2191 will permit a licensee to have a retired status
available to them. Under the retired status, licensees will be
required to pay a one-time $40 fee for the issuance of the
retired license and are exempt from continuing education
requirements. Licensees may reactivate their license within
three years if they wish to practice. However, after three
years, licensees are required to pass a current licensure
AB 2191
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examination before being restored to active status. This
legislative proposal is modeled after retired license language
for California pharmacists, architects, professional engineers,
and land surveyors."
REGISTERED SUPPORT / OPPOSITION :
Support
American Association for Marriage and Family Therapy
Opposition
None on file.
Analysis Prepared by : Rebecca May / B. & P. / (916) 319-3301