Bill Text: CA AB404 | 2013-2014 | Regular Session | Chaptered
Bill Title: Healing arts: behavioral sciences: retired licenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-09-24 - Chaptered by Secretary of State - Chapter 339, Statutes of 2013. [AB404 Detail]
Download: California-2013-AB404-Chaptered.html
BILL NUMBER: AB 404 CHAPTERED
BILL TEXT
CHAPTER 339
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2013
APPROVED BY GOVERNOR SEPTEMBER 24, 2013
PASSED THE SENATE AUGUST 26, 2013
PASSED THE ASSEMBLY APRIL 15, 2013
INTRODUCED BY Assembly Member Eggman
FEBRUARY 15, 2013
An act to amend Sections 4984.41, 4989.45, 4997.1, and 4999.113 of
the Business and Professions Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
AB 404, Eggman. Healing arts: behavioral sciences: retired
licenses.
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 requires the board to issue a retired
license to a marriage and family therapist, clinical social worker,
educational psychologist, or 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.
This bill would specify that the license may be current and active
or inactive.
Under existing law, 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 and the holder pays the required fee, completes specified
continuing education requirements, and complies with fingerprint
submission requirements, as specified. Existing law requires an
applicant to apply for licensure and pass the examinations required
for licensure if the applicant's retired license was issued 5 or more
years prior to the application to restore the license to active
status.
This bill would reduce the number of years from 5 years to 3 years
for a marriage and family therapist, clinical social worker,
educational psychologist, or professional clinical counselor who
holds a retired license to apply to have his or her license restored
to active status without having to apply for licensure and pass the
examinations required for licensure.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4984.41 of the Business and Professions Code is
amended 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 a
license that is inactive, 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 three 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.
(2) Pays the renewal fee required by this chapter.
(3) Completes the required continuing education as specified in
Section 4980.54.
(4) Complies with the fingerprint submission requirements
established by the board in regulation.
(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 three 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.
(2) Applies for licensure and pays the fee required by this
chapter.
(3) Passes the examinations required for licensure.
(4) Complies with the fingerprint submission requirements
established by the board in regulation.
SEC. 2. Section 4989.45 of the Business and Professions Code is
amended 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 a license that is inactive, 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 three 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.
(2) Pays the renewal fee fixed by this chapter.
(3) Completes the required continuing education as specified in
Section 4989.34.
(4) Complies with the fingerprint submission requirements
established by the board in regulation.
(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 three 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.
(2) Applies for licensure and pays the required fee.
(3) Passes the examinations required for licensure.
(4) Complies with the fingerprint submission requirements
established by the board in regulation.
SEC. 3. Section 4997.1 of the Business and Professions Code is
amended 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 a license that is inactive, 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 three 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.
(2) Pays the required renewal fee.
(3) Completes the required continuing education as specified in
Section 4996.22.
(4) Complies with the fingerprint submission requirements
established by the board in regulation.
(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 three 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.
(2) Applies for licensure and pays the required fees.
(3) Passes the examinations required for licensure.
(4) Complies with the fingerprint submission requirements
established by the board in regulation.
SEC. 4. Section 4999.113 of the Business and Professions Code is
amended 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 a license that is inactive, 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 may apply to restore to active
status his or her license to practice professional clinical
counseling if that retired license was issued less than three 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.
(2) Pays the required renewal fee.
(3) Completes the required continuing education as specified in
Section 4999.76.
(4) Complies with the fingerprint submission requirements
established by the board in regulation.
(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 three 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.
(2) Applies for licensure and pays the required fees.
(3) Passes the examinations required for licensure.
(4) Complies with the fingerprint submission requirements
established by the board in regulation.
