BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           2191 (Emmerson)
          
          Hearing Date:  8/2/2010         Amended: 6/21/2010
          Consultant:  Bob Franzoia       Policy Vote: B,P&ED 7-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY: AB 2191 would require the Board of Behavioral  
          Sciences (board) to issue a retired license to a marriage and  
          family therapist (MFT), clinical social worker (CSW),  
          educational psychologist (EP), or professional clinical  
          counselor who holds a license that is current and active or  
          capable of being renewed.  The bill would provide that a holder  
          of a retired license may apply to 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, pays the  
          required fees, completes continuing education requirements, and  
          complies with fingerprint requirements.  If the applicant's  
          retired license was issued five or more years prior to the  
          application to restore to active status, the applicant would be  
          required to pass the examinations required for licensure.  The  
          bill would set the retired license fee at $40.00.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2010-11      2011-12       2012-13     Fund
          New license category   $51        $51         $121  
          ongoingSpecial*                                - loss of revenue  
          - 
                                            
          * Behavioral Science Examiners Fund
          _________________________________________________________________ 
          ____

          STAFF COMMENTS:
          The affected licensees do not have the option to obtain a  
          retired license.  Instead, a licensee must obtain an inactive  
          license that must be renewed every two years.  If the license is  
          not renewed, then it becomes delinquent and after three years is  
          cancelled.  The board currently charges an inactive fee of $40  
          to $75 biennially, depending on license type.

          Renewing under inactive status requires licensees to pay the  










          renewal fee every two years when the person may have no  
          intention of practicing again.  If the licensee chooses not to  
          pay the fees and allow his or her license to expire, he or she  
          is 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 and  
          not fulfilling continuing education requirements, when the  
          license is simply retired.  The current license count, less  
          professional clinical counselors, is as follows:

           ------------------------------------------------------------------- 
          |License Type    |Inactive        |Delinquent      |Percent         |
          |                |                |                |Delinquent      |
          |----------------+----------------+----------------+----------------|
          |MFT             |6,239           |1,497           |23.99 percent   |
          |----------------+----------------+----------------+----------------|
          |CSW             |3,458           |871             |25.19 percent   |
          |----------------+----------------+----------------+----------------|
          |EP              |348             |2,465           |24.54 percent   |
          |----------------+----------------+----------------+----------------|
          |Total           |10,045          |2,465           |24.54           |
          |                |                |                |percent         |
          |                |                |                |                |
           ------------------------------------------------------------------- 
          Page 2
          AB 2191 (Emmerson)

          Retired licenses are available for pharmacists, architects,  
          professional engineers and land surveyors.  Physicians and  
          surgeons, osteopathic physicians and surgeons and dentists may  
          be issued retired licenses.

          The board estimates that 35 percent of inactive licensees would  
          apply for a retired license.  The estimated license numbers for  
          retired licensees would be as follows:

           ----------------------------------------------------------------- 
          |License Type                    |Retired 35 percent of Inactive  |
          |--------------------------------+--------------------------------|
          |MFT                             |2,184                           |
          |--------------------------------+--------------------------------|
          |CSW                             |1,210                           |
          |--------------------------------+--------------------------------|
          |EP                              |122                             |
          |--------------------------------+--------------------------------|
          |Total                           |3,516                           |










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          The impact on licensee fee revenue to the Behavioral Science  
          Examiners Fund would be a loss of $51,000 in 2010-11 and 2011-12  
          and $121,000 annually, thereafter.  This fund's balance is  
          projected at $1.12 million in 2011-12 and negative in 2012-13.   
          A 2008-09 $3 million loan to the General Fund remains  
          outstanding.