AB 773: Board of Psychology: licenses.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-09-28
The Psychology Licensing Law establishes the Board of Psychology to license and regulate the practice of psychology. Under that law, psychology licenses expire on the legal birth date of the licensee during the 2nd year of a 2-year term.
This bill would instead have those licenses expire at the end, as provided, of a 2-year period from the date the license was issued.
The Psychology Licensing Law establishes the Board of Psychology to license and regulate the practice of psychology. Under that law, psychology licenses expire on the legal birth date of the licensee during the 2nd year of a 2-year term.
This bill would instead have those licenses expire at the end, as provided, of a 2-year period from the date the license was issued.
Existing law provides for the licensure and regulation of specific health care professions by the Medical Board of California or a licensing and regulatory authority within the jurisdiction of that board. The Medical Practice Act determines the expiration of, and governs the renewal of, certificates, licenses, registrations, and permits issued by or under the Medical Board of California. Under the act, physician and surgeons certificates, certificates to practice podiatric medicine, registrations of spectacle lens dispensers and contact lens dispensers, and certificates to practice midwifery expire on the last day of the birth month of the licensee during the 2nd year of a 2-year term. Under that act, registrations of dispensing opticians expire on the last day of the month in which the license was issued during the 2nd year of a 2-year term.
The Psychology Licensing Law establishes the Board of Psychology to license and regulate the practice of psychology. Under that law, psychology licenses expire on the legal birth date of the licensee during the 2nd year of a 2-year term.
This bill would instead have the above licenses, with the exception of certificates to practice podiatric medicine, those licenses expire at the end, as provided, of a 2-year period from the date the license was issued.
Existing law provides for the licensure and regulation of specific health care professions by the Medical Board of California or a licensing and regulatory authority within the jurisdiction of that board. The Medical Practice Act determines the expiration of, and governs the renewal of, certificates, licenses, registrations, and permits issued by or under the Medical Board of California, including physician and surgeons certificates, certificates to practice podiatric medicine, physical therapy licenses and approvals, registrations of research psychoanalysts, registrations of dispensing opticians, registrations of nonresident contact lens sellers, registrations of spectacle lens dispensers, registrations of contact lens dispensers, certificates to practice midwifery, and fictitious-name permits. California. Under the act, physician and surgeons certificates, certificates to practice podiatric medicine, registrations of spectacle lens dispensers and contact lens dispensers, and certificates to practice midwifery expire on the last day of the birth month of the licensee during the 2nd year of a 2-year term. Under that act, registrations of dispensing opticians expire on the last day of the month in which the license was issued during the 2nd year of a 2-year term.
The Psychology Licensing Law establishes the Board of Psychology to license and regulate the practice of psychology. Under that law, psychology licenses expire on the legal birth date of the licensee during the 2nd year of a 2-year term.
This bill would instead have all of the above licenses, with the exception of certificates to practice podiatric medicine, expire at the end, as provided, of a 2-year period from the date the license was issued.
Existing law provides for the licensure and regulation of specific health care professions by the Medical Board of California or a licensing and regulatory authority within the jurisdiction of that board. The Medical Practice Act determines the expiration of, and governs the renewal of, certificates, licenses, registrations, and permits issued by or under the Medical Board of California, including physician and surgeons certificates, certificates to practice podiatric medicine, physical therapy licenses and approvals, registrations of research psychoanalysts, registrations of dispensing opticians, registrations of nonresident contact lens sellers, registrations of spectacle lens dispensers, registrations of contact lens dispensers, certificates to practice midwifery, and fictitious-name permits. Under the act, physician and surgeons certificates, certificates to practice podiatric medicine, registrations of spectacle lens dispensers and contact lens dispensers, and certificates to practice midwifery expire on the last day of the birth month of the licensee during the 2nd year of a 2-year term. Under that act, registrations of dispensing opticians expire on the last day of the month in which the license was issued during the 2nd year of a 2-year term.
The Psychology Licensing Law establishes the Board of Psychology to license and regulate the practice of psychology. The law expires the term of a license based on the licensees birth date. Under that law, psychology licenses expire on the legal birth date of the licensee during the 2nd year of a 2-year term.
This bill would instead have all of the above licenses expire the term of a license at the end end, as provided, of a 2-year period from the date the license was issued.
The Psychology Licensing Law establishes the Board of Psychology to license and regulate the practice of psychology. The law expires the term of a license based on the licensees birth date.
This bill would instead expire the term of a license at the end of a 2-year period from the date the license was issued.
(a)All licenses expire and become invalid at 12 midnight on the last day of February, 1980, and thereafter shall expire at 12 midnight of the last date of the two-year period from the date the license was issued.
(b)To renew an unexpired license, the licensee, on or before the date on which it would otherwise expire, shall apply for renewal on a form provided by the board, accompanied by the prescribed renewal fee.
(a)All licenses expire and become invalid at 12 midnight on the last day of February, 1980, and thereafter shall expire at 12 midnight of the last date of the two-year period from the date the license was issued.
(b)To renew an unexpired license, the licensee, on or before the date on which it would otherwise expire, shall apply for renewal on a form provided by the board, accompanied by the prescribed renewal fee.
(a)All physician and surgeons certificates, registrations of dispensing opticians, spectacle lens dispensers, and contact lens dispensers, and certificates to practice midwifery shall expire at 12 midnight on the last day of the month in which the license was issued during the second year of a two-year term commencing from the date of issuance.
(b)To renew an unexpired license, the licensee, on or before the date on which it would otherwise expire, shall apply for renewal on a form prescribed by the licensing authority and pay the prescribed renewal fee.
SEC. 3.Section 2499.7 is added to the Business and Professions Code, to read:2499.7.(a)Certificates to practice podiatric medicine shall expire at 12 midnight on the last day of the birth month of the licensee during the second year of a two-year term.
(b)To renew an unexpired certificate, the licensee, on or before the date on which it would otherwise expire, shall apply for renewal on a form prescribed by the board and pay the prescribed renewal fee.
SEC. 4.SECTION 1.Section 2982 of the Business and Professions Code is amended to read:2982.(a)All licenses expire and become invalid at 12 midnight on the last day of February, 1980, and thereafter shall expire at 12 midnight of the last date of the two-year period from the date the license was issued.
(b)To renew an unexpired license, the licensee, on or before the date on which it would otherwise expire, shall apply for renewal on a form provided by the board, accompanied by the prescribed renewal fee.
(a)All physician and surgeons certificates, certificates to practice podiatric medicine, registrations of dispensing opticians, spectacle lens dispensers, and contact lens dispensers, and certificates to practice midwifery shall expire at 12 midnight on the last day of the month in which the license was issued during the second year of a two-year term commencing from the date of issuance.
(b)To renew an unexpired license, the licensee, on or before the date on which it would otherwise expire, shall apply for renewal on a form prescribed by the licensing authority and pay the prescribed renewal fee.
SEC. 3.Section 2499.7 is added to the Business and Professions Code, to read:2499.7.(a)Certificates to practice podiatric medicine shall expire at 12 midnight on the last day of the birth month of the licensee during the second year of a two-year term.
(b)To renew an unexpired certificate, the licensee, on or before the date on which it would otherwise expire, shall apply for renewal on a form prescribed by the board and pay the prescribed renewal fee.
SEC. 3.SEC. 4.Section 2982 of the Business and Professions Code is amended to read:2982.(a)All licenses expire and become invalid at 12 midnight on the last day of February, 1980, and thereafter shall expire at 12 midnight of the last date of the two-year period from the date the license was issued.
(b)To renew an unexpired license, the licensee, on or before the date on which it would otherwise expire, shall apply for renewal on a form provided by the board, accompanied by the prescribed renewal fee.
All licenses expire and become invalid at 12 midnight on the last day of February of each even-numbered year if not renewed.
To renew an unexpired license, a licensee shall, on or before the date it would otherwise expire, apply for renewal on a form prescribed by the licensing authority and pay the prescribed renewal fee.
SEC. 2.Section 2423 of the Business and Professions Code is amended to read:2423.(a)Notwithstanding Section 2422: All physician and surgeons certificates, certificates to practice podiatric medicine, registrations of dispensing opticians, spectacle lens dispensers, and contact lens dispensers, and certificates to practice midwifery shall expire at 12 midnight on the last day of the month in which the license was issued during the second year of a two-year term commencing from the date of issuance.
(1)All physician and surgeons certificates, certificates to practice podiatric medicine, registrations of spectacle lens dispensers and contact lens dispensers, and certificates to practice midwifery shall expire at 12 midnight on the last day of the birth month of the licensee during the second year of a two-year term if not renewed.
(2)Registrations of dispensing opticians will expire at midnight on the last day of the month in which the license was issued during the second year of a two-year term if not renewed.
(b)The Division of Licensing shall establish by regulation procedures for the administration of a birth date renewal program, including, but not limited to, the establishment of a system of staggered license expiration dates such that a relatively equal number of licenses expire monthly.
(c)
(b)To renew an unexpired license, the licensee shall, licensee, on or before the dates date on which it would otherwise expire, shall apply for renewal on a form prescribed by the licensing authority and pay the prescribed renewal fee.
SECTION 1.SEC. 3.Section 2982 of the Business and Professions Code is amended to read:2982.(a)All licenses expire and become invalid at 12 midnight on the last day of February, 1980, and thereafter shall expire at 12 midnight of the last date of the two-year period from the date the license was issued.
To
(b)To renew an unexpired license, the licensee shall, licensee, on or before the date on which it would otherwise expire, shall apply for renewal on a form provided by the board, accompanied by the prescribed renewal fee.
All licenses expire and become invalid at 12 midnight on the last day of February, 1980, and thereafter shall expire at 12 midnight of the legal birth date of the licensee during the second year of a two-year term, if not renewed. last date of the two-year period from the date the license was issued.
The board shall establish by regulation procedures for the administration of the birth date renewal program, including but not limited to, the establishment of a pro rata formula for the payments of fees by licentiates affected by the implementation of that program and the establishment of a system of staggered license application dates such that a relatively equal number of licenses expire annually.
To renew an unexpired license, the licensee shall, on or before the date on which it would otherwise expire, apply for renewal on a form provided by the board, accompanied by the prescribed renewal fee.
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Date
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Status
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|---|---|
| Jun 22, 2015 | In committee: Referred to suspense file. |
| Sep 28, 2015 | Chaptered by Secretary of State - Chapter 336, Statutes of 2015. |
| Sep 28, 2015 | Approved by the Governor. |
| Sep 16, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 4, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0.). |
| Sep 4, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 2917.). |
| Sep 4, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 4, 2015 | Assembly Rule 77 suspended. (Page 2915.) |
| Sep 4, 2015 | Assembly Rule 77 suspended. |
| Sep 3, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2482.). |
| Sep 3, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Sep 3, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 5 pursuant to Assembly Rule 77. |
| Sep 1, 2015 | Read second time and amended. Ordered to third reading. |
| Aug 31, 2015 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 27). |
| Feb 25, 2015 | Read first time. To print. |
| Jun 8, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (June 8). Re-referred to Com. on APPR. |
| Jun 1, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D. |
| May 21, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D. |
| May 14, 2015 | Referred to Com. on B., P. & E.D. |
| Apr 30, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1224.) |
| Apr 30, 2015 | Read third time. Passed. Ordered to the Senate. |
| Apr 30, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 23, 2015 | Read second time. Ordered to Consent Calendar. |
| Apr 22, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (April 22). |
| Apr 14, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 14. Noes 0.) (April 14). Re-referred to Com. on APPR. |
| Mar 12, 2015 | Referred to Com. on B. & P. |
| Feb 26, 2015 | From printer. May be heard in committee March 28. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Sep 4, 2015 | AB 773 BAKER Concurrence in Senate Amendments | Assembly Floor |
Passed |
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| Sep 3, 2015 | Assembly 3rd Reading AB773 Baker By Bates | Senate Floor |
Passed |
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| Aug 27, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 22, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 8, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
|
| Apr 30, 2015 | AB 773 BAKER Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 22, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 14, 2015 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Business and Professions |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| California Board of Psychology | ** Support | Sep 3, 2015 |
| California Psychological Association | ** Support | Sep 3, 2015 |
| Medical Board of California | ** Support | Jun 22, 2015 |
AB 773
Page 2
CONCURRENCE IN SENATE AMENDMENTS
AB 773
(Baker)
As Amended September 1, 2015
Majority vote
ASSEMBLY: |
77-0 |
(April 30, 2015) |
SENATE: |
40-0 |
(September 3, 2015) |
Original Committee Reference: B. & P.
SUMMARY: Changes the expiration date of a psychologist's license from the licensee's birthdate to two-years after the date of issuance. Specifically, this bill:
Deletes the current birthdate renewal system for a psychologist's license.
Provides that a psychologist's license will expire at midnight on the last date of a two-year period from the date the license was issued.
Deletes the requirement for the Board of Psychology (BOP) to establish regulation procedures for the birthdate renewal program as specified.
The Senate amendments added licensees, certificate holders or registrants under the Medical Board of California to the revised birthdate renewal system and subsequently deleted those requirements.
FISCAL EFFECT: According to the Senate Appropriations Committee, annual revenue losses to the BOP of about $80,000 per year (Psychology Fund). The BOP will experience reduced fee revenues of about $100 per year for each of the 800 applicants for new licensure each year.
COMMENTS:
Purpose. This bill is sponsored by the BOP. According to the author, "This bill will amend [BPC] Section 2982, which addresses the renewal and expiration of psychology licenses under the [BOP's] birth date renewal system. The bill would replace the current birth date renewal system with a new system in which licenses will expire at midnight on the last date of a two-year period following the initial issuance date. This bill will provide clarity and consistency for psychology licensure."
Background. This bill will revise the BOP's current licensure renewal program by specifying that a psychologist's license will expire at midnight on the last day of a two-year period from when the license was issued as opposed to the current system which requires a license to expire on the licensee's birthdate.
Licensure Requirements. Licensed psychologists are required to obtain a doctoral degree from an accredited institution in psychology, educational psychology or in a field specializing in counseling psychology or educational psychology. Psychologists are required to complete 3000 hours (minimum two-years) of supervised experience, of which 1500 must be completed after obtaining a doctoral degree. Current license holders are required to renew their license every two years based on their birth date.
Birthdate Renewal for Licensure. The BOP utilizes a birth date renewal system for its licensing population which was implemented more than 20 years ago. The birth date renewal system was intended to spread out the BOP's revenue and work flow with respect to processing renewal applications during peak application times. The current birth date renewal program does not offer a prorated license fee for initial licenses.
Under the birthdate renewal system, licenses are issued for a period of between 12 and 24 months based on the issue date and the licensee's birth month. For example, if a license is issued March 26, 2014, and the licensee has a February birthday, the license will expire on February 29, 2016 (or 23 months and 5 days); however, if the license is issued March 26, 2014, and the licensee has a March birthday, the license will expire on March 31, 2015 (only 12 months and five days from issuance) and both licensees would pay the same initial license fee and renewal fee of $400 regardless if the license has been issued for between 12 and 24 months. This bill will change the renewal date cycle, thereby placing all licensed psychologists on the same renewal cycle which will be based on issuance dates rather than birthdates. This should alleviate the concerns of any new licensee who is paying the full licensure fee for an abbreviated initial licensing timeframe.
Currently, there are a number of licensing boards under the Department of Consumer Affairs which utilize a birth date renewal system including the Acupuncture Board, the Board of Occupational Therapy, the Dental Board, the Medical Board, the Physical Therapy Board, the Veterinarian Medical Board, and the Board of Occupational Therapy.
Analysis Prepared by: Elissa Silva / B. & P. / (916) 319-3301 FN: 0001981
AB 773
Page 3
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 773
Amended: 9/1/15 in Senate
SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 6/8/15
AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 77-0, 4/30/15 (Consent) - See last page for vote
SUBJECT: Licenses: Medical Board of California: Board of Psychology
DIGEST: This bill recasts the expiration dates for certain licenses, certificates, and registrations issued by the Board of Psychology (BOP) based on the date of issuance instead of a licensee’s birthdate.
Existing law:
Establishes the BOP to provide for the licensure and regulation of licensed psychologists. (BPC § 2901 et seq.)
States that all psychologist licenses expire and become invalid at midnight on the last day of February, 1980, and thereafter expire at midnight of the legal birth date of the licensee during the second year of a two-year term if not renewed.
(BPC § 2982)
Requires the BOP to establish regulations for the administration of the birth date renewal program including the establishment of a pro rata formula for the payment of fees by licentiates affected by the implementation of that program, and the establishment of a staggered license application system so that a relatively equal number of licensees expire annually. (BPC § 2982)
This
bill:
Deletes the current birthdate renewal system for psychologist licenses.
States instead that all licenses shall expire at 12 midnight of the last date of the two-year period from the date the license was issued.
Makes technical changes.
Background
Current law requires the BOP to use birth dates to determine the renewal and expiration dates for licenses. The birth date renewal system issues licenses for a period of time ranging between 12 and 24 months depending on the licensee’s birth month. If, for example, a licensee has a February birth date and his or her license is issued in March 2014, the license will expire at midnight on February 29, 2016. If, however, a licensee has a March birthday and his or her license is issued in March 2014, the license will expire at midnight on March 31, 2015.
In these examples, the license in the first scenario will expire after nearly 2 years, but in the second scenario, the license will expire after 12 months and 5 days. Despite the varying expiration dates, both licensees would need to pay the same initial license fee.
According to the author’s office, “The birth date renewal system places an unfair financial burden on first-time licensees because all licenses have an equal fee regardless of how long the license lasts.” This bill will standardize the length of time a license expires after issuance.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, this bill will cause annual revenue losses to the BOP of about $80,000 per year (Psychology Fund). The BOP will experience reduced fee revenues of about $100 per year for each of the 800 applicants for new licensure each year.
California Board of Psychology (source)
California Psychological Association
None received
ARGUMENTS IN SUPPORT: The BOP writes, “First time licensees of the [BOP] are currently paying the full license amount for their license when they are not always receiving that license for the complete two-year period. First time licensees are at the start of their careers as psychologists and have often incurred significant student debts in the process of earning undergraduate and postgraduate degrees. The establishment of an initial license period that is always 24 months will stop these licensees paying a full fee for an abbreviated license period.”
ASSEMBLY FLOOR: 77-0, 4/30/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Chávez, Gomez
Prepared by: Sarah Huchel / B., P. & E.D. / (916) 651-4104
9/1/15 20:29:36
**** END ****
AB 773 (Baker) Page 0 of 1
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 773 (Baker) - Licenses: Medical Board of California: Board of Psychology
|
|
Version: June 1, 2015 |
Policy Vote: B., P. & E.D. 9 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: August 27, 2015 |
Consultant: Brendan McCarthy |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 27, 2015
Bill Summary:
AB 773 would revise the expiration date for licenses issued by the Board of Psychology, to ensure that the initial licensing period is a full two years.
Fiscal Impact:
Annual revenue losses to the Board of Psychology of about $80,000 per year (Psychology Fund). The Board of Psychology will experience reduced fee revenues of about $100 per year for each of the 800 applicants for new licensure each year.
Committee Amendments:
Delete the changes to the Medical Board’s initial license period from the bill.
-- END --
AB 773 (Baker) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 773 (Baker) - Licenses: Medical Board of California: Board of Psychology
|
|
Version: June 1, 2015 |
Policy Vote: B., P. & E.D. 9 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: June 22, 2015 |
Consultant: Brendan McCarthy |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 773 would revise the expiration date for certain licenses issued by the Medical Board of California and the Board of Psychology, to ensure that the initial licensing period is a full two years.
Fiscal Impact:
Annual revenue losses to the Medical Board of California of about $1.1 million per year for licenses issued to physicians (Contingent Fund of the Medical Board of California). Under current practice, applicants for initial licensure with the Medical Board pay a licensing fee of $808 (the license renewal fee is $820). The initial license is valid from the license issuance date until the last day of the licensee’s birth month in the second year of the two-year license term. Upon renewal of the license, the license will expire on the last day of the licensee’s birth month, every other year. In practice, this means that the initial licensure period will vary from person to person, depending on when the applicant initially applied for licensure and when the applicant’s birth month occurs. Some licensees will have an initial licensure period of just over one year, whereas others will have up to a full two years. In effect, the Medical Board is able to collect a two-year license fee for less than two years of licensure. (On average, this should be about 18 months of licensure.)
By shifting to a true two-year licensure program, the initial licensure period will be extended, and the Medical Board will receive reduced annual fee revenues for license renewals. On average, the revenue loss would equate to about 25% of the renewal licensing fee (about $200). Since there are about 5,000 applicants for new licensure as physicians each year, annual revenue losses are projected to be about $1.1 million per year. Revenue losses attributable to other, allied health professionals are expected to be minor.
Annual revenue losses to the Board of Psychology of about $80,000 per year (Psychology Fund). Similar to the Medical Board, the Board of Psychology will experience reduced fee revenues of about $100 per year for each of the 800 applicants for new licensure each year.
Background:
The Medical Board of California licenses physicians and surgeons, as well as a variety of allied health professionals such as licensed midwives and dispensing opticians. Under current practice, the initial license granted by the Medical Board is valid for one full year and then expires at the end of the licensee’s birth month. In practice, this means that the length of the initial license period can vary significantly between licensees, depending on when the licensee’s birth month occurs and when the initial license was granted. Thus, the length of the initial license period can vary from 13 months to 24 months. After the initial license period, the renewed license period lasts for two full years, because subsequent license period lasts from the licensee’s birth month until the licensee’s birth month two years later.
The Board of Psychology license psychologists and related allied health professionals. The Board of Psychology uses a similar system to determine the length of initial licensure as the Medical Board.
Proposed Law:
AB 773 would revise the expiration date for certain licenses issued by the Medical Board of California and the Board of Psychology, to ensure that the initial licensing period is a full two years.
Related Legislation:
AB 483 (Patterson) would require specified initial license fees to be prorated on a monthly basis. That bill is pending in the Senate Business and Professions Committee.
AB 1758 (Patterson, 2014) would have required specified initial license fees for various health professionals to be prorated on a monthly basis. That bill was held on this committee’s Suspense File.
Staff Comments:
Under current law, fees that can be assessed by licensing boards and bureaus are often set in statute or capped in statute. The license fees that the Medical Board may impose on applicants is capped in statute at $790 (with certain additional surcharges for enforcement activities allowed). The current fee level is $783 (plus an additional $25 related to enforcement activities). This bill is projected to result in revenue losses of about $1.1 million per year to the Medical Board. Under current law, the Medical Board has very limited ability to raise the overall license fee to offset the lost fee revenue that would occur under this bill. Therefore the Medical Board will need to reduce expenditures for licensure activity or enforcement activity, if this bill is enacted.
-- END --
AB 773 (Baker) Page 4 of 4
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: AB 773 Hearing Date: June 8, 2015
Author: |
Baker |
||
Version: |
June 1, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Sarah Huchel |
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Subject: Licenses: Medical Board of California: Board of Psychology.
SUMMARY:
Recasts the expiration dates for certain licenses, certificates, and registrations issued by the Medical Board of California (MBC) and the Board of Psychology (BOP) based on the date of issuance instead of a licensee’s birthdate.
Existing law:
Authorizes the MBC to issues licenses to physicians and surgeons, licensed midwives, dispensing opticians, spectacle lens dispensers, and contact lens dispensers. (Business and Professions Code (BPC) §§ 2080, 2512, 2550, 2559.1, 2560.)
Establishes the BOP to provide for the licensure and regulation of licensed psychologists. (BPC § 2901 et seq.)
States that all physician and surgeon’s certificates, certificates to practice podiatric medicine, registrations of spectacle lens dispensers and contact lens dispensers, and certificates to practice midwifery shall expire at 12 midnight on the last day of the birth month of the licensee during the second year of a two-year term if not renewed. (BPC § 2423 (a)(1)).
Requires dispensing optician registrations to expire at midnight on the last day of the month in which the license was issued during the second year of a two-year term if not renewed. (BPC § 2423 (a)(2)).
States that all psychologist licenses expire and become invalid at midnight on the last day of February, 1980, and thereafter expire at midnight of the legal birth date of the licensee during the second year of a two-year term if not renewed.
(BPC § 2982)
Requires the BOP to establish regulations for the administration of the birth date renewal program including the establishment of a pro rata formula for the payment of fees by licentiates affected by the implementation of that program, and the establishment of a staggered license application system so that a relatively equal number of licensees expire annually. (BPC § 2982)
This
bill:
Deletes code sections requiring that all licenses, certificates, permits, and registrations issued by the MBC expire and become invalid at 12 midnight on the last day of February of each even-numbered year if not renewed.
Deletes the current birthdate renewal system for physician and surgeon’s certificates, registrations for spectacle lens dispensers and contact lens dispensers, certificates to practice midwifery, and psychologist licenses.
Requires that all physician and surgeon’s certificates, registrations for spectacle lens dispensers and contact lens dispensers, and certificates to practice midwifery expire at 12 midnight on the last day of the month in which the license was issued during the second year of a two-year term commencing from the date of issuance.
Makes technical changes.
FISCAL EFFECT:
This bill is keyed “fiscal” by Legislative Counsel. According to
the Assembly Appropriations analysis, dated April 22, 2015:
Minor revenue losses to the BOP, potentially in the range of $100,000 (Psychology Fund). Because initial licenses will be valid for longer, the BOP will receive slightly less revenue starting in 2017, and in each subsequent year, due to a time lag (as compared to current practice) in receiving initial license renewal fees. Put another way, the current practice of an abbreviated initial licensure period requires licensees on average to pay slightly more, and allows the BOP to collect slightly more fee revenue, than what would be the case under this bill.
Costs to the BOP to change business processes and systems are minor and absorbable.
COMMENTS:
Purpose. This bill is sponsored by the Board of Psychology (BOP). This bill changes the expiration and renewal cycle for physician and surgeon’s certificates, registrations for spectacle lens dispensers and contact lens dispensers, certificates to practice midwifery, and psychology licenses from a system based on an applicant’s birth date to one based on the date of license issuance.
Background. Current law requires the BOP and MBC to use birth dates to determine the renewal and expiration dates for licenses. The birth date renewal system issues licenses for a period of time ranging between 12 and 24 months depending on the licensee’s birth month. If, for example, a licensee has a February birth date and his or her license is issued in March 2014, the license will expire at midnight on February 29, 2016. If, however, a licensee has a March birthday and his or her license is issued in March 2014, the license will expire at midnight on March 31, 2015.
In these examples, the license in the first scenario will expire after nearly 2 years, but in the second scenario, the license will expire after 12 months and 5 days. Despite the varying expiration dates, both licensees would need to pay the same initial license fee.
According to the Author’s office, “The birth date renewal system places an unfair financial burden on first-time licensees because all licenses have an equal fee regardless of how long the license lasts.” This bill will standardize the length of time a license expires after issuance.
Related Legislation. AB 483 (Patterson) of 2015 would require fees imposed, as specified, for an initial license, an initial temporary or permanent license, or an original license to be prorated on a monthly basis. (Status: This bill is pending on the Assembly floor.)
AB 1758 (Patterson) of 2014 would have required the initial license fee for the following licensing categories to be prorated on a monthly basis: dentists; dental hygienists; physicians and surgeons; hearing aid dispensers; occupational therapists; physical therapists; psychologists; veterinary technicians; veterinarians; acupuncturists; and architects. (Status: This bill was held in the Senate Appropriations Committee.)
SB 2014 (Machado) of 2002 would have directed the MBC to prorate its annual licensing fees in cases where the initial licensure period is less than two years, and deleted an obsolete oral examination fee authority. (Status: This bill was held in the Senate Appropriations Committee.)
Arguments in Support. The BOP writes, “First time licensees of the [BOP] are currently paying the full license amount for their license when they are not always receiving that license for the complete two-year period. First time licensees are at the start of their careers as psychologists and have often incurred significant student debts in the process of earning undergraduate and postgraduate degrees. The establishment of an initial license period that is always 24 months will stop these licensees paying a full fee for an abbreviated license period.”
SUPPORT AND OPPOSITION:
Support:
California Board of Psychology (Sponsor)
California Psychological Association
Medical Board of California
Opposition:
None on file as of June 2, 2015.
-- END --
AB 773
Page 2
Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 773
(Baker) – As Introduced February 25, 2015
Policy Committee: |
Business and Professions |
Vote: |
14 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill changes the expiration date of a psychology license from the current system, in which the license expires on the licensee’s birth date in the second year of a two-year term, to a system in which the license expires two years from the issuance date.
FISCAL EFFECT:
Minor revenue losses to Board of Psychology (BOP), potentially in the range of $100,000 (Psychology Fund). Because initial licenses will be valid for longer, BOP will receive slightly less revenue starting in 2017, and in each subsequent year, due to a time lag (as compared to current practice) in receiving initial license renewal fees. Put another way, the current practice of an abbreviated initial licensure period requires licensees on average to pay slightly more, and allows the BOP to collect slightly more fee revenue, than what would be the case under this bill.
Costs to BOP to change business processes and systems are minor and absorbable.
COMMENTS:
Purpose. This bill is sponsored by the BOP to provide equity and value to all licensees when procuring their initial license. Currently, all initial licensees pay the same amount, $400, but their license is valid for a period of 12 – 24 months, depending when the license was issued and their date of birth. Currently, the license expires on the licensees second birthday after the license is issued. The birth date expiration system was created to ensure BOP's licensure processing workload was spread throughout the year, because in the past, large exams were given twice a year and caused a biannual flood of license applications. BOP indicates the licensure exam process has changed such that this is no longer a concern, and a 2-year initial license period will better serve their licensees.
Related Legislation. Many other boards and bureaus also use the birth date expiration system for licenses. AB 483 (Patterson), pending in the Assembly Business and Professions Committee, requires fees for initial healing arts licenses be prorated, which is a different way to solve the same problem. AB 438 addresses a number of boards instead of a single board.
AB 1758 (Patterson) of 2014 was similar to AB 483, and was held on the Suspense File of the Senate Appropriations Committee.
Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081
AB 773
Page 4
Date of Hearing: April 14, 2015
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Susan Bonilla, Chair
AB 773
(Baker) – As Introduced February 25, 2015
SUBJECT: MERGEFIELD bill \* MERGEFORMAT Psychology licensing.
SUMMARY: Changes the expiration date of a psychologist's license from the licensee's birthdate to two-years after the date of issuance.
EXISTING LAW
Establishes the Psychology Licensing Law which provides for the licensure and regulation of licensed Psychologists. (Business and Professions Code (BPC) Section 2901 et seq.)
Requires an applicant for licensure as a psychologist to comply with the following requirements: (BPC Section 2914)
Not be subject to denial, as specified;
Possess an earned doctorate degree, as specified;
Have engaged for at least two years in supervised professional experience under the direction of a licensed psychologist;
Take and pass an examination, as specified; and,
Show by evidence satisfactory to BOP that he or she has completed training in the detection and treatment of alcohol and other chemical dependency, as specified.
States that all licenses expire and become invalid at midnight on the last day of February, 1980, and thereafter expire at midnight of the legal birth date of the licensee during the second year of a two-year term if not renewed. (BPC Section 2982)
Requires the Board of Psychology (BOP) to establish regulations for the administration of the birth date renewal program including the establishment of a pro rata formula for the payment of fees by licentiates affected by the implementation of that program, and the establishment of a staggered license application system so that a relatively equal number of licensees expire annually. (BPC Section 2982)
THIS BILL
Deletes the current birthdate renewal system for a psychologist's license.
Provides that a psychologist's license will expire at midnight on the last date of a two-year period from the date the license was issued.
Deletes the requirement for the BOP to establish regulation procedures for the birthdate renewal program as specified.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.
COMMENTS
Purpose. This bill is sponsored by the BOP. According to the author, "This bill will amend [BPC] Section 2982, which addresses the renewal and expiration of psychology licenses under the [BOP's] birth date renewal system. The bill would replace the current birth date renewal system with a new system in which licenses will expire at midnight on the last date of a two-year period following the initial issuance date. This bill will provide clarity and consistency for psychology licensure."
Background. This bill will revise the BOP's current licensure renewal program by specifying that a psychologist's license will expire at midnight on the last day of a two-year period from when the license was issued as opposed to the current system which requires a license to expire on the licensee's birthdate.
Licensure Requirements. Licensed psychologists are required to obtain a doctoral degree from an accredited institution in psychology, educational psychology or in a field specializing in counseling psychology or educational psychology. Psychologists are required to complete 3000 hours (minimum two-years) of supervised experience, of which 1500 must be completed after obtaining a doctoral degree. Current license holders are required to renew their license every two-years based on their birth date.
Birthdate Renewal for Licensure. The BOP utilizes the birth
date renewal system for its licensing population which was
implemented more than 20 years ago. The birth date renewal system
was intended to spread out the BOP's revenue and work flow with
respect to processing renewal applications during peak application
times. In the past, the BOP conducted an oral examination which was
offered only twice a year. As a result of the limited examination
offerings, an abundance of applications would be received and
processed at one time, with a high volume of renewals to follow
two-years later. The birth date renewal program would help to spread
this workload out across the year as birthdates vary greatly.
However, the current birth date renewal program does not offer a
prorated license fee for initial licenses.
According to the sponsor, when a licensed is issued by the BOP, to maintain the birth date renewal system, the license is issued for a period of between 12 and 24 months based on the issue date and the licensee's birth month. For example, if a license is issued March 26, 2014 and the licensee has a February birthday, the license will expire on February 29, 2016 (or 23 months and 5 days); however, if the license is issued March 26, 2014 and the licensee has a March birthday, the license will expire on March 31, 2015 (only 12 months and five days from issuance) and both licensees would pay the same initial license fee and renewal fee of $400 regardless if the license has been issued for between 12 and 24 months. This bill will change the renewal date cycle, thereby placing all licensed psychologists on the same renewal cycle which will be based on issuance dates rather than birthdates. This should alleviate the concerns of any new licensee who is paying the full licensure fee for an abbreviated initial licensing timeframe.
Currently, there are a number of licensing boards under the Department of Consumer Affairs who utilize a birth date renewal system including the Acupuncture Board, the Board of Occupational Therapy, the Dental Board, the Medical Board, the Physical Therapy Board, the Veterinarian Medical Board, and the Board of Occupational Therapy.
The BOP reports that it issues anywhere between 50 to 80 initial licenses per month, approximately 20 a week, and they do not anticipate a significant workload increase as a result of this bill.
AB 483 (Patterson) of the current legislative session, attempts to change the initial licensing fee for the above mentioned entities by requiring the initial license to be prorated based on the length of the initial license. This bill is different from AB 483, because it will completely delete the birth date renewal for the psychology licensees.
Current Related Legislation. AB 483 (Patterson) of the current legislative session would require fees imposed, as specified, for an initial license, an initial temporary or permanent license, or an original license to be prorated on a monthly basis. STATUS: This bill is pending in the Assembly Committee on Business and Professions.
Prior Related Legislation. AB 1758 (Patterson) of 2014 would have required the initial license fee for the following licensing categories to be prorated on a monthly basis: dentists; dental hygienists; physicians and surgeons; hearing aid dispensers; occupational therapists; physical therapists; psychologists; veterinary technicians; veterinarians; acupuncturists; and architects. NOTE: This bill was held in the Senate Appropriations Committee.
SB 2014 (Machado) of 2002 would have directed the MBC to prorate its
annual licensing fees in cases where the initial licensure period is
less than two years, and deleted an obsolete oral examination fee
authority. NOTE: This bill was held in the Senate Appropriations
Committee.
SB 1045 (Murray) of 2000 would have
directed the MBC to prorate its annual licensing fees in cases where
the initial licensure period is less than two years. NOTE:
This bill was held in the Senate.
SB 663 (Maddy),
Chapter 626, Statutes of 1992, authorized the VMB to adopt
regulations for the waiver or refund of initial registration fees if
the registration is issued less than 45 days before it will expire.
NOTE: This bill was held on the Senate Floor.
ARGUMENTS IN SUPPORT
The BOP writes in support, "[This bill], which will ensure initial psychologist licenses expire two years from the initial issuance date. First time licensees of the [BOP] are currently paying the full license amount for their license when they are not always receiving that license for the complete two-year period.…The establishment of an initial license period that is always 24 months will stop these licensees paying a full fee for an abbreviated license period."
ARGUMENTS IN OPPOSITION
None on file.
REGISTERED SUPPORT / OPPOSITION:
Support
The California Board of Psychology (sponsor)
The California Psychological Association
Opposition
None on file.
Analysis Prepared by: Elissa Silva / B. & P. / (916) 319-3301
Discussed in Hearing
Assembly Floor
Senate Floor
Senate Standing Committee on Appropriations
Bill Author
Bill Co-Author(s):