BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2191|
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THIRD READING
Bill No: AB 2191
Author: Emmerson (R)
Amended: 8/18/10 in Senate
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE : 7-0, 6/14/10
AYES: Negrete McLeod, Aanestad, Calderon, Correa, Florez,
Walters, Yee
NO VOTE RECORDED: Wyland, Oropeza
SENATE APPROPRIATIONS COMMITTEE : 10-0, 8/2/10
AYES: Kehoe, Alquist, Ashburn, Corbett, Emmerson, Leno,
Price, Wolk, Wyland, Yee
NO VOTE RECORDED: Walters
ASSEMBLY FLOOR : 74-0, 4/29/10 (Consent) - See last page
for vote
SUBJECT : Healing arts: behavioral sciences: licensure
SOURCE : Author
DIGEST : This bill authorizes the Board of Behavioral
Sciences to issue a retired license as a marriage and
family therapist, educational psychologist, clinical social
worker or professional clinical counselor to an applicant
who holds a current license or a license eligible for
renewal, and establishes a $40 fee for a retired license.
Senate Floor Amendments of 8/18/10 add double-jointing
CONTINUED
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language with
AB 2167 (Nava).
ANALYSIS :
Existing law :
1. Licenses and regulates the practice of psychotherapy
preformed by marriage and family therapists (MFTs),
licensed educational psychologists (LEPs), and licensed
clinical social workers (LCSWs) by the Board of
Behavioral Sciences (Board) within the Department of
Consumer Affairs. Beginning January 1, 2012, the Board
will additionally license professional clinical
counselors (LPCCs).
2. Requires each license issued by the Board to be renewed
every two years and to renew an unexpired license, the
licensee must do all of the following:
A. Apply for a renewal on a form prescribed by the
Board.
B. Pay the renewal fee.
C. Certify compliance with the continuing education
requirements, as specified.
D. Notify the Board whether he or she has been
convicted, as specified, of a misdemeanor or
felony, or whether he or she has been disciplined
by any regulatory board in this or any other state,
since the last renewal.
3. Provides that an expired license may be renewed within
three years of expiration upon fulfilling the
requirements in item #2) above, and paying all unpaid
renewal fees and a delinquency fee.
4. Authorizes the Board to issue an inactive license to an
MFT, LEP, LCSW, or LPCC; and prohibits a person holding
an inactive license from engaging in any practice that
would require a license.
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A. An inactive license is subject to renewal every
two years by paying a fee of one-half of the
standard renewal fee, and is exempt from continuing
education requirements.
B. An inactive license may be restored to active
status upon request of the licensee if the licensee
has not committed an act or crime constituting
grounds for license denial, pays the remaining
one-half of the renewal fee, and completes
specified continuing education requirements.
This bill:
1. Authorizes the Board to issue a retired license to an
applicant who holds an MFT, LEP, LCSW, or LPCC 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, as specified.
2. Prohibits the holder of a retired license from engaging
in any activity for which an active license is required.
3. Specifies that the holder of a retired license is not
required to renew the license.
4. Authorizes the holder of a retired license to apply to
restore the license to active status if the retired
license was issued less than five years prior to the
application date and the applicant meets specified
requirements, including:
A. Has not committed an act or crime constituting
grounds for denial of a license.
B. Pays the required licensing fee.
C. Completes specified continuing education
requirements.
D. Complies with specified fingerprint submission
requirements.
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5. Authorizes the holder of a retired license to apply to
restore the license to active status if the retired
license was issued more than five years prior to the
application date, and the applicant meets specified
requirements, including:
A. Has not committed an act or crime constituting
grounds for denial of a license.
B. Pays the required licensing fee.
C. Completes the examinations required for
licensure.
D. Complies with specified fingerprint submission
requirements.
6. Establishes a $40 fee for the issuance of a retired
license.
7. Adds double-jointing language with AB 2167 (Nava).
Background
According to the Board, 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. Second, if licensees choose to not pay
the fees and allow their license to 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 and not fulfilling continuing education requirements,
when in fact the licensee is simply retired.
The author's office states, "This legislative proposal is
modeled after retired license language for California
pharmacists, architects, professional engineers, and land
surveyors." The Senate Business, Professions and Economic
Development Committee staff further notes that physicians
and surgeons, osteopathic physicians and surgeons, and
dentists may also be issued retired licenses.
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Inactive Licenses . According to the Board, licensees
currently 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 following table
indicates the current number of inactive licenses issued by
the Board, as well as the number of inactive licenses that
are delinquent.
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| License Type | Inactive | Delinquent | Percent of |
| | | | Inactive |
| | | | that are |
| | | | Delinquent |
|--------------+-----------+-------------+-------------|
| MFT | 6,23| 1,497| 23.99%|
| | 9| | |
|--------------+-----------+-------------+-------------|
| LCSW | 3,45| 871| 25.19%|
| | 8| | |
|--------------+-----------+-------------+-------------|
| LEP | 348| 97| 27.87%|
| | | | |
|--------------+-----------+-------------+-------------|
| Totals | 10,0| 2,465| 24.54%|
| | 45| | |
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|(Data is accurate as of 5/24/2010) |
| |
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Although specific numbers are uncertain, the Board
estimates that approximately 35 percent of inactive
licensees would apply for a retired license under this
bill's provisions. The table below reflects the Board's
estimated licensing numbers for retired licenses.
--------------------------------
| License | Retired 35% of |
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| Type | Inactive |
|------------+-------------------|
| MFT | 2,184|
|------------+-------------------|
| LCSW | 1,210|
|------------+-------------------|
| LEP | 122|
|------------+-------------------|
| Total|3,516 |
| s | |
--------------------------------
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/4/10)
Board of Behavioral Sciences (source)
American Association for Marriage and Family Therapy
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Brownley, Buchanan, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Knight, Lieu, Logue, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Tran, Villines,
Yamada, John A. Perez
NO VOTE RECORDED: Bass, Caballero, Jones, Bonnie Lowenthal,
Torrico, Vacancy
JJA:do 8/19/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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