BILL NUMBER: AB 1486 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 23, 2008
AMENDED IN SENATE MAY 8, 2008
AMENDED IN SENATE JUNE 26, 2007
AMENDED IN SENATE JUNE 18, 2007
AMENDED IN ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY APRIL 30, 2007
AMENDED IN ASSEMBLY APRIL 23, 2007
AMENDED IN ASSEMBLY APRIL 11, 2007
INTRODUCED BY Assembly Member Charles Calderon
(Principal coauthor: Senator Steinberg)
(Coauthor: Assembly Member Saldana)
FEBRUARY 23, 2007
An act to amend Sections 728, 805, and 4990 of, to add Chapter 16
(commencing with Section 4999.10) to Division 2 of, and to repeal
Sections 4999.56 and 4999.101 of, the Business and Professions Code,
and to amend Section 11165.7 of the Penal Code, relating to
professional counselors.
LEGISLATIVE COUNSEL'S DIGEST
AB 1486, as amended, Charles Calderon. Licensed professional
counselors.
Existing law provides for the licensure and regulation of marriage
and family therapists and clinical social workers by the Board of
Behavioral Sciences, in the Department of Consumer Affairs and makes
the provision establishing the board inoperative on July 1, 2009, and
repealed on January 1, 2010. Under existing law, the Board of
Behavioral Sciences consists of 11 members.
This bill would provide for the licensure or registration and
regulation of licensed professional counselors and interns by the
Board of Behavioral Sciences. The bill would add 4 additional members
to the board, to be appointed by the Governor and would make the
provision establishing the board inoperative on July 1, 2010, and
repealed on January 1, 2011. The bill would enact various provisions
concerning the practice of licensed professional counselors, interns,
and counselor trainees, including, but not limited to, practice
requirements, and enforcement specifications. The bill would
authorize the board to issue licenses to individuals meeting certain
criteria who apply between October 1, 2009, and March 31, 2010. The
bill would authorize the board to begin accepting applications for
intern registration on January 1, 2010, and for professional
counselor licensure on January 1, 2011. The bill would authorize the
board to impose specified fees on licensed professional counselors
and interns which would be deposited in the Behavioral Sciences Fund
to carry out the provisions of the bill. The bill would provide that
the startup costs of the program shall be funded by a loan from the
Behavioral Sciences Fund, upon appropriation by the Legislature. The
bill would provide that a violation of its provisions is a
misdemeanor. By creating a new crime, the bill would impose a
state-mandated local program.
Existing law, the Child Abuse and Neglect Reporting Act, requires
a mandated reporter, as defined, to report whenever he or she, in his
or her professional capacity or within the scope of his or her
employment, has knowledge of or observes a child whom the mandated
reporter knows or reasonably suspects has been the victim of child
abuse or neglect. Failure to report an incident is a crime punishable
by imprisonment in a county jail for a period of 6 months, a fine of
up to $1,000, or by both that imprisonment and fine.
This bill would add licensed professional counselors, professional
counselor trainees, and unlicensed professional counselor interns to
the list of individuals who are mandated reporters. By imposing the
reporting requirement on a new class of persons, the violation of
which would be a crime, the bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 728 of the Business and Professions Code is
amended to read:
728. (a) Any psychotherapist or employer of a psychotherapist who
becomes aware through a patient that the patient had alleged sexual
intercourse or alleged sexual contact with a previous psychotherapist
during the course of a prior treatment, shall provide to the patient
a brochure promulgated by the department that delineates the rights
of, and remedies for, patients who have been involved sexually with
their psychotherapist. Further, the psychotherapist or employer shall
discuss with the patient the brochure prepared by the department.
(b) Failure to comply with this section constitutes unprofessional
conduct.
(c) For the purpose of this section, the following definitions
apply:
(1) "Psychotherapist" means a physician and surgeon specializing
in the practice of psychiatry or practicing psychotherapy, a
psychologist, a clinical social worker, a marriage and family
therapist, a licensed professional counselor, a psychological
assistant, a marriage and family therapist registered intern or
trainee, an intern or trainee as specified in Chapter 16 (commencing
with Section 4999.10), or an associate clinical social worker.
(2) "Sexual contact" means the touching of an intimate part of
another person.
(3) "Intimate part" and "touching" have the same meaning as
defined in subdivisions (f) and (d), respectively, of Section 243.4
of the Penal Code.
(4) "The course of a prior treatment" means the period of time
during which a patient first commences treatment for services that a
psychotherapist is authorized to provide under his or her scope of
practice, or that the psychotherapist represents to the patient as
being within his or her scope of practice, until the
psychotherapist-patient relationship is terminated.
SEC. 2. Section 805 of the Business and Professions Code is
amended to read:
805. (a) As used in this section, the following terms have the
following definitions:
(1) "Peer review body" includes:
(A) A medical or professional staff of any health care facility or
clinic licensed under Division 2 (commencing with Section 1200) of
the Health and Safety Code or of a facility certified to participate
in the federal Medicare Program as an ambulatory surgical center.
(B) A health care service plan registered under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code or a disability insurer that contracts with licentiates to
provide services at alternative rates of payment pursuant to Section
10133 of the Insurance Code.
(C) Any medical, psychological, marriage and family therapy,
social work, licensed professional counseling, dental, or podiatric
professional society having as members at least 25 percent of the
eligible licentiates in the area in which it functions (which must
include at least one county), which is not organized for profit and
which has been determined to be exempt from taxes pursuant to Section
23701 of the Revenue and Taxation Code.
(D) A committee organized by any entity consisting of or employing
more than 25 licentiates of the same class that functions for the
purpose of reviewing the quality of professional care provided by
members or employees of that entity.
(2) "Licentiate" means a physician and surgeon, podiatrist,
clinical psychologist, marriage and family therapist, clinical social
worker, licensed professional counselor, or dentist. "Licentiate"
also includes a person authorized to practice medicine pursuant to
Section 2113.
(3) "Agency" means the relevant state licensing agency having
regulatory jurisdiction over the licentiates listed in paragraph (2).
(4) "Staff privileges" means any arrangement under which a
licentiate is allowed to practice in or provide care for patients in
a health facility. Those arrangements shall include, but are not
limited to, full staff privileges, active staff privileges, limited
staff privileges, auxiliary staff privileges, provisional staff
privileges, temporary staff privileges, courtesy staff privileges,
locum tenens arrangements, and contractual arrangements to provide
professional services, including, but not limited to, arrangements to
provide outpatient services.
(5) "Denial or termination of staff privileges, membership, or
employment" includes failure or refusal to renew a contract or to
renew, extend, or reestablish any staff privileges, if the action is
based on medical disciplinary cause or reason.
(6) "Medical disciplinary cause or reason" means that aspect of a
licentiate's competence or professional conduct that is reasonably
likely to be detrimental to patient safety or to the delivery of
patient care.
(7) "805 report" means the written report required under
subdivision (b).
(b) The chief of staff of a medical or professional staff or other
chief executive officer, medical director, or administrator of any
peer review body and the chief executive officer or administrator of
any licensed health care facility or clinic shall file an 805 report
with the relevant agency within 15 days after the effective date of
any of the following that occur as a result of an action of a peer
review body:
(1) A licentiate's application for staff privileges or membership
is denied or rejected for a medical disciplinary cause or reason.
(2) A licentiate's membership, staff privileges, or employment is
terminated or revoked for a medical disciplinary cause or reason.
(3) Restrictions are imposed, or voluntarily accepted, on staff
privileges, membership, or employment for a cumulative total of 30
days or more for any 12-month period, for a medical disciplinary
cause or reason.
(c) The chief of staff of a medical or professional staff or other
chief executive officer, medical director, or administrator of any
peer review body and the chief executive officer or administrator of
any licensed health care facility or clinic shall file an 805 report
with the relevant agency within 15 days after any of the following
occur after notice of either an impending investigation or the denial
or rejection of the application for a medical disciplinary cause or
reason:
(1) Resignation or leave of absence from membership, staff, or
employment.
(2) The withdrawal or abandonment of a licentiate's application
for staff privileges or membership.
(3) The request for renewal of those privileges or membership is
withdrawn or abandoned.
(d) For purposes of filing an 805 report, the signature of at
least one of the individuals indicated in subdivision (b) or (c) on
the completed form shall constitute compliance with the requirement
to file the report.
(e) An 805 report shall also be filed within 15 days following the
imposition of summary suspension of staff privileges, membership, or
employment, if the summary suspension remains in effect for a period
in excess of 14 days.
(f) A copy of the 805 report, and a notice advising the licentiate
of his or her right to submit additional statements or other
information pursuant to Section 800, shall be sent by the peer review
body to the licentiate named in the report.
The information to be reported in an 805 report shall include the
name and license number of the licentiate involved, a description of
the facts and circumstances of the medical disciplinary cause or
reason, and any other relevant information deemed appropriate by the
reporter.
A supplemental report shall also be made within 30 days following
the date the licentiate is deemed to have satisfied any terms,
conditions, or sanctions imposed as disciplinary action by the
reporting peer review body. In performing its dissemination functions
required by Section 805.5, the agency shall include a copy of a
supplemental report, if any, whenever it furnishes a copy of the
original 805 report.
If another peer review body is required to file an 805 report, a
health care service plan is not required to file a separate report
with respect to action attributable to the same medical disciplinary
cause or reason. If the Medical Board of California or a licensing
agency of another state revokes or suspends, without a stay, the
license of a physician and surgeon, a peer review body is not
required to file an 805 report when it takes an action as a result of
the revocation or suspension.
(g) The reporting required by this section shall not act as a
waiver of confidentiality of medical records and committee reports.
The information reported or disclosed shall be kept confidential
except as provided in subdivision (c) of Section 800 and Sections
803.1 and 2027, provided that a copy of the report containing the
information required by this section may be disclosed as required by
Section 805.5 with respect to reports received on or after January 1,
1976.
(h) The Medical Board of California, the Osteopathic Medical Board
of California, and the Dental Board of California shall disclose
reports as required by Section 805.5.
(i) An 805 report shall be maintained by an agency for
dissemination purposes for a period of three years after receipt.
(j) No person shall incur any civil or criminal liability as the
result of making any report required by this section.
(k) A willful failure to file an 805 report by any person who is
designated or otherwise required by law to file an 805 report is
punishable by a fine not to exceed one hundred thousand dollars
($100,000) per violation. The fine may be imposed in any civil or
administrative action or proceeding brought by or on behalf of any
agency having regulatory jurisdiction over the person regarding whom
the report was or should have been filed. If the person who is
designated or otherwise required to file an 805 report is a licensed
physician and surgeon, the action or proceeding shall be brought by
the Medical Board of California. The fine shall be paid to that
agency but not expended until appropriated by the Legislature. A
violation of this subdivision may constitute unprofessional conduct
by the licentiate. A person who is alleged to have violated this
subdivision may assert any defense available at law. As used in this
subdivision, "willful" means a voluntary and intentional violation of
a known legal duty.
(l) Except as otherwise provided in subdivision (k), any failure
by the administrator of any peer review body, the chief executive
officer or administrator of any health care facility, or any person
who is designated or otherwise required by law to file an 805 report,
shall be punishable by a fine that under no circumstances shall
exceed fifty thousand dollars ($50,000) per violation. The fine may
be imposed in any civil or administrative action or proceeding
brought by or on behalf of any agency having regulatory jurisdiction
over the person regarding whom the report was or should have been
filed. If the person who is designated or otherwise required to file
an 805 report is a licensed physician and surgeon, the action or
proceeding shall be brought by the Medical Board of California. The
fine shall be paid to that agency but not expended until appropriated
by the Legislature. The amount of the fine imposed, not exceeding
fifty thousand dollars ($50,000) per violation, shall be proportional
to the severity of the failure to report and shall differ based upon
written findings, including whether the failure to file caused harm
to a patient or created a risk to patient safety; whether the
administrator of any peer review body, the chief executive officer or
administrator of any health care facility, or any person who is
designated or otherwise required by law to file an 805 report
exercised due diligence despite the failure to file or whether they
knew or should have known that an 805 report would not be filed; and
whether there has been a prior failure to file an 805 report. The
amount of the fine imposed may also differ based on whether a health
care facility is a small or rural hospital as defined in Section
124840 of the Health and Safety Code.
(m) A health care service plan registered under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code or a disability insurer that negotiates and enters into a
contract with licentiates to provide services at alternative rates of
payment pursuant to Section 10133 of the Insurance Code, when
determining participation with the plan or insurer, shall evaluate,
on a case-by-case basis, licentiates who are the subject of an 805
report, and not automatically exclude or deselect these licentiates.
SEC. 3. Section 4990 of the Business and Professions Code is
amended to read:
4990. (a) There is in the Department of Consumer Affairs, a Board
of Behavioral Sciences that consists of 15 members composed as
follows:
(1) Two state licensed clinical social workers.
(2) One state licensed educational psychologist.
(3) Two state licensed marriage and family therapists.
(4) Two licensed professional counselors.
(5) Eight public members.
(b) Each member, except the eight public members, shall have at
least two years of experience in his or her profession.
(c) Each member shall reside in the State of California.
(d) The Governor shall appoint six of the public members and the
seven licensed members with the advice and consent of the Senate. The
Senate Committee on Rules and the Speaker of the Assembly shall each
appoint a public member.
(e) Each member of the board shall be appointed for a term of four
years. A member appointed by the Speaker of the Assembly or the
Senate Committee on Rules shall hold office until the appointment and
qualification of his or her successor or until one year from the
expiration date of the term for which he or she was appointed,
whichever first occurs. Pursuant to Section 1774 of the Government
Code, a member appointed by the Governor shall hold office until the
appointment and qualification of his or her successor or until 60
days from the expiration date of the term for which he or she was
appointed, whichever first occurs.
(f) A vacancy on the board shall be filled by appointment for the
unexpired term by the authority who appointed the member whose
membership was vacated.
(g) Not later than the first of June of each calendar year, the
board shall elect a chairperson and a vice chairperson from its
membership.
(h) Each member of the board shall receive a per diem and
reimbursement of expenses as provided in Section 103.
(i) This section shall become inoperative on July 1, 2010, and, as
of January 1, 2011, is repealed, unless a later enacted statute,
that is enacted before January 1, 2011, deletes or extends the dates
on which it becomes inoperative and is repealed.
SEC. 4. Chapter 16 (commencing with Section 4999.10) is added to
Division 2 of the Business and Professions Code, to read:
CHAPTER 16. LICENSED PROFESSIONAL COUNSELORS
Article 1. Administration
4999.10. This chapter constitutes, and may be cited as, the
Licensed Professional Counselor Act.
4999.12. For purposes of this chapter, the following terms have
the following meanings:
(a) "Board" means the Board of Behavioral Sciences.
(b) "Accredited" means a school, college, or university accredited
by the Western Association of Schools and Colleges, or its
equivalent regional accrediting association.
(c) "Approved" means a school, college, or university that
possessed unconditional approval by the Bureau for Private
Postsecondary and Vocational Education at the time of the applicant's
graduation from the school, college, or university.
(d) "Applicant" means an unlicensed person who has completed a
master's or doctoral degree program, as specified in Section 4999.32
or 4999.33, as applicable, and whose application for registration as
an intern is pending or who is in the examination process, or an
unlicensed person who has completed the requirements for licensure
specified in this chapter, is no longer registered with the board as
an intern, and is currently in the examination process.
(e) "Licensed professional counselor" or "LPC" means a person
licensed under this chapter to practice professional counseling, as
defined in Section 4999.20.
(f) "Intern" means an unlicensed person who meets the requirements
of Section 4999.42 and is registered with the board.
(g) "Counselor trainee" means an unlicensed person who is
currently enrolled in a master's or doctoral degree program, as
specified in Section 4999.32 or 4999.33, as applicable, that is
designed to qualify him or her for licensure under this chapter, and
who has completed no less than 12 semester units or 18 quarter units
of coursework in any qualifying degree program.
(h) "Approved supervisor" means an individual who meets the
following requirements:
(1) Has documented two years of clinical experience as a licensed
professional counselor, licensed marriage and family therapist,
licensed clinical psychologist, licensed clinical social worker, or
licensed physician and surgeon who is certified in psychiatry by the
American Board of Psychiatry and Neurology.
(2) Has received professional training in supervision.
(3) Has not provided therapeutic services to the counselor trainee
or intern.
(4) Has a current and valid license that is not under suspension
or probation.
(i) "Professional enrichment activities" includes the following:
(1) Workshops, seminars, training sessions, or conferences
directly related to professional counseling attended by the applicant
and approved by the applicant's supervisor.
(2) Participation by the applicant in group, marital or conjoint,
family, or individual psychotherapy by an appropriately licensed
professional.
(j) "Advertising" or "advertise" includes, but is not limited to,
the issuance of any card, sign, or device to any person, or the
causing, permitting, or allowing of any sign or marking on, or in,
any building or structure, or in any newspaper or magazine or in any
directory, or any printed matter whatsoever, with or without any
limiting qualification. It also includes business solicitations
communicated by radio or television broadcasting. Signs within church
buildings or notices in church bulletins mailed to a congregation
shall not be construed as advertising within the meaning of this
chapter.
(k) "Referral" means evaluating and identifying the needs of a
client to determine whether it is advisable to refer the client to
other specialists, informing the client of that judgment, and
communicating that determination as requested or deemed appropriate
to referral sources.
(l) "Research" means a systematic effort to collect, analyze, and
interpret quantitative and qualitative data that describes how social
characteristics, behavior, emotion, cognitions, disabilities, mental
disorders, and interpersonal transactions among individuals and
organizations interact.
(m) "Supervision" includes the following:
(1) Ensuring that the extent, kind, and quality of counseling
performed is consistent with the education, training, and experience
of the person being supervised.
(2) Reviewing client or patient records, monitoring and evaluating
assessment, diagnosis, and treatment decisions of the counselor
trainee.
(3) Monitoring and evaluating the ability of the intern or
counselor trainee to provide services to the particular clientele at
the site or sites where he or she will be practicing.
(4) Ensuring compliance with laws and regulations governing the
practice of licensed professional counseling.
(5) That amount of direct observation, or review of audio or
videotapes of counseling or therapy, as deemed appropriate by the
supervisor.
4999.14. The board shall do all of the following:
(a) Communicate information about its activities, the requirements
and qualifications for licensure, and the practice of professional
counseling to the relevant educational institutions, supervisors,
professional associations, applicants, counselor trainees, interns,
and the public.
(b) Develop policies and procedures to assist educational
institutions in meeting the educational qualifications of Sections
4999.32 and 4999.33.
Article 2. Scope of Practice
4999.20. (a) Professional counseling means the application of
counseling interventions and psychotherapeutic techniques to identify
and remediate behavioral, cognitive, mental, and emotional issues,
including personal growth, adjustment to disability, crisis
intervention, and psychosocial and environmental problems.
Professional counseling includes conducting assessments for the
purpose of establishing treatment goals and objectives to empower
individuals to deal adequately with life situations, reduce stress,
experience growth, and make well-informed, rational decisions.
(b) "Counseling interventions and psychotherapeutic techniques"
means the application of cognitive, affective, behavioral, verbal or
nonverbal, systemic or holistic counseling strategies that include
principles of development, wellness, and pathology that reflect a
pluralistic society. These interventions and techniques are
specifically implemented in the context of a professional counseling
relationship and use a variety of counseling theories and approaches.
(c) "Assessment" means selecting, administering, scoring, and
interpreting tests, instruments, and other tools and methods designed
to measure an individual's attitudes, abilities, aptitudes,
achievements, interests, personal characteristics, disabilities, and
mental, emotional, and behavioral concerns and development and the
use of methods and techniques for understanding human behavior in
relation to coping with, adapting to, or ameliorating changing life
situations, as part of the counseling process. "Assessment" shall not
include the use of projective techniques in the assessment of
personality, individually administered intelligence tests,
neuropsychological testing, or utilization of a battery of three or
more tests to determine the presence of psychosis, dementia, amnesia,
cognitive impairment, or criminal behavior.
(d) Professional counselors shall refer clients to other licensed
health care professionals when they identify issues beyond their own
scope of education, training, and experience.
4999.22. (a) Nothing in this chapter shall prevent qualified
persons from doing work of a psychosocial nature consistent with the
standards and ethics of their respective professions. However, these
qualified persons shall not hold themselves out to the public by any
title or description of services incorporating the words "licensed
professional counselor" and shall not state that they are licensed to
practice professional counseling, unless they are otherwise licensed
to provide counseling services.
(b) Nothing in this chapter shall be construed to constrict,
limit, or withdraw provisions of the Medical Practice Act, the
Clinical Social Worker Practice Act, the Nursing Practice Act, the
Psychology Licensing Law, or the Marriage and Family Therapy
licensing laws.
(c) This chapter shall not apply to any priest, rabbi, or minister
of the gospel of any religious denomination who performs counseling
services as part of his or her pastoral or professional duties, or to
any person who is admitted to practice law in this state, or who is
licensed to practice medicine, who provides counseling services as
part of his or her professional practice.
(d) This chapter shall not apply to an employee of a governmental
entity or of a school, college, or university, or of an institution
both nonprofit and charitable, if his or her practice is performed
solely under the supervision of the entity, school, or organization
by which he or she is employed, and if he or she performs those
functions as part of the position for which he or she is employed.
(e) All persons registered as interns or licensed under this
chapter shall not be exempt from this chapter or the jurisdiction of
the board.
4999.24. Nothing in this chapter shall restrict or prevent
activities of a psychotherapeutic or counseling nature on the part of
persons employed by accredited or state-approved academic
institutions, public schools, government agencies, or nonprofit
institutions engaged in the training of graduate students or
counselor trainees pursuing a course of study leading to a degree
that qualifies for professional counselor licensure at an accredited
or state-approved college or university, or working in a recognized
training program, provided that these activities and services
constitute a part of a supervised course of study and that those
persons are designated by a title such as "counselor trainee" or
other title clearly indicating the training status appropriate to the
level of training.
Article 3. Licensure
4999.30. Except as otherwise provided in this chapter, a person
shall not practice or advertise the performance of professional
counseling services without a license issued by the board, and shall
pay the license fee required by this chapter.
4999.32. (a) This section shall apply to applicants for licensure
who began graduate study before August 1, 2012.
(b) To qualify for a license, applicants shall possess a master's
or doctoral degree that is counseling or psychotherapy in content and
that meets the requirements of this section, obtained from an
accredited or approved institution, as defined in Section 4999.12.
For purposes of this subdivision, a degree is "counseling or
psychotherapy in content" if, except as provided in subdivision (d),
it contains the supervised practicum or field study experience
described in paragraph (3) of subdivision (c) and the coursework
in the core content areas listed in subparagraphs (A) to (I),
inclusive, of paragraph (1) of subdivision (c).
(c) Except as provided in subdivision (d), the degree described in
subdivision (b) shall contain not less than 48 graduate semester or
72 graduate quarter units of instruction, which shall include all of
the following:
(1) The equivalent of at least three semester units or four and
one-half quarter units of graduate study in each of following c
ore content areas:
(A) Counseling and psychotherapeutic theories and techniques,
including the counseling process in a multicultural society, an
orientation to wellness and prevention, counseling theories to assist
in selection of appropriate counseling interventions, models of
counseling consistent with current professional research and
practice, development of a personal model of counseling, and
multidisciplinary responses to crises, emergencies, and disasters.
(B) Human growth and development across the lifespan,
including normal and abnormal behavior and an understanding of
developmental crises, disability, psychopathology, and situational
and environmental factors that affect both normal and abnormal
behavior.
(C) Career development theories and techniques, including career
development decisionmaking models and interrelationships among and
between work, family, and other life roles and factors, including the
role of multicultural issues in career development.
(D) Group counseling theories and techniques, including principles
of group dynamics, group process components, developmental stage
theories, therapeutic factors of group work, group leadership styles
and approaches, pertinent research and literature, group counseling
methods, and evaluation of effectiveness.
(E) Assessment, appraisal, and testing of individuals, including
basic concepts of standardized and nonstandardized testing and other
assessment techniques, norm-referenced and criterion-referenced
assessment, statistic concepts, social and cultural factors related
to assessment and evaluation of individuals and groups, and ethical
strategies for selecting, administering, and interpreting assessment
instruments and techniques in counseling.
(F) Multicultural counseling theories and techniques, including
counselors' roles in developing cultural self-awareness, identity
development, promoting cultural social justice, individual and
community strategies for working with and advocating for diverse
populations, and counselors' roles in eliminating biases and
prejudices, and processes of intentional and unintentional oppression
and discrimination.
(G) Principles of diagnosis, treatment planning, and prevention of
mental and emotional disorders and dysfunctional behavior, including
the use of the American Psychiatric Association's "Diagnostic and
Statistical Manual of Mental Disorders."
(H) Research and evaluation, including studies that provide an
understanding of research methods, statistical analysis, the use of
research to inform evidence-based practice, the importance of
research in advancing the profession of counseling, and statistical
methods used in conducting research, needs assessment, and program
evaluation.
(I) Professional orientation, ethics, and law in counseling,
including professional ethical standards and legal considerations,
licensing law and process, regulatory laws that delineate the
profession's scope of practice, counselor-client privilege,
confidentiality, the client dangerous to self or others, treatment of
minors with or without parental consent, relationship between
practitioner's sense of self and human values, functions and
relationships with other human service providers, strategies for
collaboration, and advocacy processes needed to address institutional
and social barriers that impede access, equity, and success for
clients.
(2) A minimum of 12 semester units or 18 quarter units of
advanced coursework to develop knowledge of specific treatment
issues or special populations.
(3) Not less than six semester units or nine quarter units of
supervised practicum or field study experience, or the equivalent, in
a clinical or counseling setting that provides a
range of professional counseling experience, including the following:
(A) Applied psychotherapeutic techniques.
(B) Assessment.
(C) Diagnosis.
(D) Prognosis.
(E) Treatment.
(F) Issues of development, adjustment, and maladjustment.
(G) Health and wellness promotion.
(H) Other recognized counseling interventions.
(I) A minimum of 150 hours of face-to-face supervised
clinical experience counseling individuals, families, or
groups.
(d) (1) An applicant whose degree is deficient in no more than two
of the required areas of study listed in subparagraphs (A) to (I),
inclusive, of paragraph (1) of subdivision (c) or in the required
number of units pursuant to this section may satisfy the requirements
by successfully completing postmaster's or postdoctoral degree
coursework at an accredited or approved institution, as defined in
Section 4999.12.
(2) Coursework taken to meet deficiencies in the required areas of
study listed in subparagraphs (A) to (I), inclusive, of paragraph
(1) of subdivision (c) shall be the equivalent of three semester
units or four and one-half quarter units of study.
(3) The board shall make the final determination as to whether a
degree meets all requirements, including, but not limited to, course
requirements, regardless of accreditation.
4999.33. (a) This section shall apply to applicants for licensure
as a professional counselor who began graduate study on or after
August 1, 2012.
(b) To qualify for a license, applicants shall possess a master's
or doctoral degree that is counseling or psychotherapy in content and
that meets the requirements of this section, obtained from an
accredited or approved institution, as defined in Section 4999.12.
For purposes of this subdivision, a degree is "counseling or
psychotherapy in content" if, except as provided in subdivision (f),
it contains the supervised practicum or field study experience
described in paragraph (3) of subdivision (c) and the
courses coursework in the core content areas
listed in subparagraphs (A) to (K), inclusive, of paragraph (1) of
subdivision (c).
(c) Except as provided in subdivision (f), the degree described in
subdivision (b) shall contain not less than 60 graduate semester or
90 graduate quarter units of instruction, which shall include all of
the following:
(1) The equivalent of at least three semester units or four and
one-half quarter units of graduate study in all of the following
core content areas:
(A) Counseling and psychotherapeutic theories and techniques,
including the counseling process in a multicultural society, an
orientation to wellness and prevention, counseling theories to assist
in selection of appropriate counseling interventions, models of
counseling consistent with current professional research and
practice, development of a personal model of counseling, and
multidisciplinary responses to crises, emergencies, and disasters.
(B) Human growth and development across the lifespan, including
normal and abnormal behavior and an understanding of developmental
crises, disability, psychopathology, and situational and
environmental factors that affect both normal and abnormal behavior.
(C) Career development theories and techniques, including career
development decisionmaking models and interrelationships among and
between work, family and other life roles and factors, including the
role of multicultural issues in career development.
(D) Group counseling theories and techniques, including principles
of group dynamics, group process components, group developmental
stage theories, therapeutic factors of group work, group leadership
styles and approaches, pertinent research and literature, group
counseling methods, and evaluation of effectiveness.
(E) Assessment, appraisal, and testing of individuals, including
basic concepts of standardized and nonstandardized testing and other
assessment techniques, norm-referenced and criterion-referenced
assessment, statistic concepts, social and cultural factors related
to assessment and evaluation of individuals and groups, and ethical
strategies for selecting, administering, and interpreting assessment
instruments and techniques in counseling.
(F) Multicultural counseling theories and techniques, including
counselors' roles in developing cultural self-awareness, identity
development, promoting cultural social justice, individual and
community strategies for working with and advocating for diverse
populations, and counselors' roles in eliminating biases and
prejudices, and processes of intentional and unintentional oppression
and discrimination.
(G) Principles of diagnosis, treatment planning, and prevention of
mental and emotional disorders and dysfunctional behavior, including
the use of the American Psychiatric Association's "Diagnostic and
Statistical Manual of Mental Disorders."
(H) Research and evaluation, including studies that provide an
understanding of research methods, statistical analysis, the use of
research to inform evidence-based practice, the importance of
research in advancing the profession of counseling, and statistical
methods used in conducting research, needs assessment, and program
evaluation.
(I) Professional orientation, ethics, and law in counseling,
including professional ethical standards and legal considerations,
licensing law and process, regulatory laws that delineate the
profession's scope of practice, counselor-client privilege,
confidentiality, the client dangerous to self or others, treatment of
minors with or without parental consent, relationship between
practitioner's sense of self and human values, functions and
relationships with other human service providers, strategies for
collaboration, and advocacy processes needed to address institutional
and social barriers that impede access, equity, and success for
clients.
(J) Psychopharmacology, including the biological bases of
behavior, the range of current psychopharmacological interventions in
terms of mental disorder diagnostic categories, including
antidepressants, antianxiety, mood stabilizers, and antipsychotics,
the diagnosis and pharmacological treatment of several of the most
commonly encountered classes of psychiatric disorders, and clinical,
theoretical, and ethical considerations.
(K) Substance abuse, cooccurring disorders, and addiction,
including major approaches to identification, evaluation, treatment,
and prevention of substance abuse and addiction, legal and medical
aspects of substance abuse, populations at risk, the role of support
persons, support systems, and community resources.
(2) A minimum of 12 semester units or 18 quarter units of
advanced coursework to develop knowledge of specific treatment
issues or special populations.
(3) Not less than six semester units or nine quarter units of
supervised practicum or field study experience, or the equivalent, in
a clinical or counseling setting that provides a
range of professional counseling experience, including the following:
(A) Applied psychotherapeutic techniques.
(B) Assessment.
(C) Diagnosis.
(D) Prognosis.
(E) Treatment.
(F) Issues of development, adjustment, and maladjustment.
(G) Health and wellness promotion.
(H) Professional writing including documentation of services,
treatment plans, and progress notes.
(I) How to find and use resources.
(J) Other recognized counseling interventions.
(K) A minimum of 280 hours of face-to-face supervised
clinical experience counseling individuals, families, or
groups.
(d) The 60 graduate semester units or 90 graduate quarter units of
instruction required pursuant to subdivision (c) shall, in addition
to meeting the requirements of subdivision (c), include instruction
in all of the following:
(1) The understanding of human behavior within the social context
of socioeconomic status and other contextual issues affecting social
position.
(2) The understanding of human behavior within the social context
of a representative variety of the cultures found within California.
(3) Cultural competency and sensitivity, including a familiarity
with the racial, cultural, linguistic, and ethnic backgrounds of
persons living in California.
(4) An understanding of the effects of socioeconomic status on
treatment and available resources.
(5) Multicultural development and cross-cultural interaction,
including experiences of race, ethnicity, class, spirituality, sexual
orientation, gender, and disability and their incorporation into the
psychotherapeutic process.
(6) Case management, systems of care for the severely mentally
ill, public and private services for the severely mentally ill,
community resources for victims of abuse, disaster and trauma
response, advocacy for the severely mentally ill and collaborative
treatment. The instruction required in this paragraph may be provided
either in credit level coursework or through extension programs
offered by the degree-granting institution.
(e) A degree program that qualifies for licensure under this
section shall do all of the following:
(1) Integrate the principles of mental health recovery-oriented
care and methods of service delivery in recovery-oriented practice
environments.
(2) Integrate an understanding of various cultures and the social
and psychological implications of socioeconomic position.
(3) Provide the opportunity for students to meet with various
consumers and family members of consumers of mental health services
to enhance understanding of their experience of mental illness,
treatment, and recovery.
(f) (1) An applicant whose degree is deficient in no more than two
of the required areas of study listed in subparagraphs (A) to (K),
inclusive, of paragraph (1) of subdivision (c) or in the required
number of units pursuant to this section may satisfy the requirements
by successfully completing postmaster's or postdoctoral degree
coursework at an accredited or approved institution, as defined in
Section 4999.12.
(2) Coursework taken to meet deficiencies in the required areas of
study listed in subparagraphs (A) to (K), inclusive, of paragraph
(1) of subdivision (c) shall be the equivalent of three semester
units or four and one-half quarter units of study.
(3) The board shall make the final determination as to whether a
degree meets all requirements, including, but not limited to, course
requirements, regardless of accreditation.
4999.34. A counselor trainee may be credited with predegree
supervised practicum and field study experience completed in a
setting that meets all of the following requirements:
(a) Lawfully and regularly provides mental health
counseling and psychotherapy.
(b) Provides oversight to ensure that the counselor trainee's work
at the setting meets the practicum and field study experience and
requirements set forth in this chapter and is within the scope of
practice for licensed professional counselors.
(c) Is not a private practice.
(d) Experience may be gained by the counselor trainee solely as
part of the position for which the counselor trainee volunteers or is
employed.
4999.36. (a) A counselor trainee may perform activities and
services provided that the activities and services constitute part of
the counselor trainee's supervised course of study and that the
person is designated by the title "counselor trainee."
(b) All practicum and field study hours gained as a counselor
trainee shall be coordinated between the school and the site where
hours are being accrued. The school shall approve each site and shall
have a written agreement with each site that details each party's
responsibilities, including the methods by which supervision shall be
provided. The agreement shall provide for regular progress reports
and evaluations of the student's performance at the site.
(c) If an applicant has gained practicum and field study hours
while enrolled in an institution other than the one that confers the
qualifying degree, it shall be the applicant's responsibility to
provide to the board satisfactory evidence that those practicum and
field study hours were gained in compliance with this section.
(d) A counselor trainee shall inform each client or patient, prior
to performing any professional services, that he or she is
unlicensed and under supervision.
(e) No hours earned while a counselor trainee may count toward the
3,000 hours of postdegree internship hours.
(f) A counselor trainee shall receive at least one hour of
individual or triadic supervision and two hours of group supervision
for each week the counselor trainee sees clients, for a total of
three hours of supervision per week. For purposes of this
subdivision, "individual supervision" means face-to-face contact with
the supervisor alone, "triadic supervision" means face-to-face
contact with the supervisor and one other counselor trainee, and
"group supervision" means face-to-face contact with the supervisor in
a group of not more than 10 persons.
4999.38. (a) All applicants who began graduate study before
August 1, 2012, shall complete the following coursework or training
prior to registration as an intern:
(1) Instruction in alcoholism and other chemical substance
dependency as specified by regulation. When coursework in a master's
or doctoral degree program is acquired to satisfy this requirement,
it shall be considered as part of the 48 semester unit or 72 quarter
unit requirement in subdivision (c) of Section 4999.32. This
paragraph applies to those individuals who began graduate study on or
after January 1, 1986.
(2) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder. When coursework in a master's or doctoral
degree program is acquired to satisfy this requirement, it shall be
considered as part of the 48 semester unit or 72 quarter unit
requirement in subdivision (c) of Section 4999.32.
(3) A two semester unit or three quarter unit survey course in
psychopharmacology. This paragraph applies to individuals who began
graduate study on or after January 1, 2001.
(4) Coursework in spousal or partner abuse assessment, detection,
and intervention strategies, including knowledge of community
resources, cultural factors, and same gender abuse dynamics. This
paragraph shall apply to individuals who began graduate study on or
after January 1, 1995. Applicants who began graduate study on or
after January 1, 2004, shall complete a minimum of 15 contact hours
of coursework to satisfy this requirement.
(5) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28 and
any regulations adopted thereunder.
(6) A minimum of two semester unit or three quarter units in
California law and professional ethics for professional counselors,
which shall include, but not be limited to, the following areas of
study:
(A) Contemporary professional ethics and statutory, regulatory,
and decisional law that delineates the profession's scope of
practice.
(B) The therapeutic, clinical, and practical considerations
involved in the legal and ethical practice of professional
counseling.
(C) The current legal patterns and trends in the mental health
professions.
(D) The psychotherapist-client privilege, confidentiality, the
client dangerous to self or others, and the treatment of minors with
and without parental consent.
(E) A recognition and exploration of the relationship between a
practitioner's sense of self and human values and his or her
professional behavior and ethics.
(7) A minimum of 10 contact hours of coursework in aging and
long-term care, which may include, but is not limited to, the
biological, social, and psychological aspects of aging. This
paragraph shall apply to individuals who began graduate study on or
after January 1, 2004.
(b) Coursework taken in fulfillment of other educational
requirements for licensure as a professional counselor, or in a
separate course of study, may, at the discretion of the board,
fulfill the requirements of subdivision (a).
4999.39. (a) All applicants who began graduate school on or after
August 1, 2012, shall complete the following coursework or training
prior to registration as an intern:
(1) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder. When coursework in a master's or doctoral
degree program is acquired to satisfy this requirement, it shall be
considered as part of the 60 semester unit or 90 quarter unit
requirement in subdivision (c) of Section 4999.33.
(2) A minimum of 15 hours of coursework in spousal or partner
abuse assessment, detection, and intervention strategies, including
knowledge of community resources, cultural factors, and same gender
abuse dynamics.
(3) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28 and
any regulations adopted thereunder.
(4) A minimum of two semester units or three quarter units in
California law and professional ethics for professional counselors,
which shall include, but not be limited to, the following areas of
study:
(A) Contemporary professional ethics and statutory, regulatory,
and decisional law that delineates the profession's scope of
practice.
(B) The therapeutic, clinical, and practical considerations
involved in the legal and ethical practice of professional
counseling.
(C) The current legal patterns and trends in the mental health
profession.
(D) The psychotherapist-client privilege, confidentiality, the
client dangerous to self or others, and the treatment of minors with
and without parental consent.
(E) A recognition and exploration of the relationship between a
practitioner's sense of self and human values and his or her
professional behavior and ethics.
(5) A minimum of 10 contact hours of coursework in aging and
long-term care, which may include, but is not limited to, the
biological, social, and psychological aspects of aging.
(b) Coursework taken in fulfillment of other educational
requirements for licensure as a professional counselor, or in a
separate course of study, may, at the discretion of the board,
fulfill the requirements of subdivision (a).
4999.40. (a) Each educational institution preparing applicants to
qualify for licensure shall notify each of its students by means of
its public documents or otherwise in writing that its degree program
is designed to meet the requirements of Section 4999.32 or 4999.33
and shall certify to the board that it has so notified its students.
(b) An applicant trained at an educational institution outside the
United States shall demonstrate to the satisfaction of the board
that he or she possesses a qualifying degree that is equivalent to a
degree earned from an institution of higher education that is
accredited or approved. These applicants shall provide the board with
a comprehensive evaluation of the degree performed by a foreign
credential evaluation service that is a member of the National
Association of Credential Evaluation Services and shall provide any
other documentation the board deems necessary.
4999.42. (a) To qualify for registration as an intern, an
applicant shall have all of the following qualifications:
(1) The applicant shall have earned a master's or doctoral degree
as specified in Section 4999.32 or 4999.33, as applicable, and shall
have completed the coursework or training specified in Section
4999.38 or 4999.39, as applicable.
(2) The applicant shall not have committed acts or crimes
constituting grounds for denial of licensure under Section 480.
(3) The board shall not issue a registration to any person who has
been convicted of a crime in this or another state or in a territory
of the United States that involves sexual abuse of children or who
is required to register pursuant to Section 290 of the Penal Code or
the equivalent in another state or territory.
(b) The board shall begin accepting applications for intern
registration on January 1, 2010.
4999.44. (a) An intern may
be credited with supervised experience completed in any setting that
meets all of the following requirements:
(1)
(a) Lawfully and regularly provides mental health
counseling or psychotherapy.
(2)
(b) Provides oversight to ensure that the intern's work
at the setting meets the experience and supervision requirements set
forth in this chapter and is within the scope of practice for the
profession as specified in Article 2 (commencing with Section
4999.20).
(3)
(c) Experience may be gained by the intern solely as
part of the position for which the intern volunteers or is employed.
(4)
(d) An intern shall not be employed or volunteer in a
private practice until registered as an intern.
4999.45. An intern employed under this chapter shall:
(a) Not perform any duties, except for those services provided as
a counselor trainee, until registered as an intern.
(b) Not be employed or volunteer in a private practice until
registered as an intern.
(c) Inform each client prior to performing any professional
services that he or she is unlicensed and under supervision.
(d) File for renewal annually for a maximum of five years after
initial registration with the board.
(e) Cease continued employment as an intern after six years unless
the requirements of subdivision (f) are met.
(f) When no further renewals are possible, an applicant may apply
for and obtain a new intern registration if the applicant meets the
educational requirements for registration in effect at the time of
the application for a new intern registration. An applicant issued a
subsequent intern registration pursuant to this subdivision may be
employed or volunteer in any allowable work setting except private
practice.
4999.46. (a) Each applicant for licensure shall complete
clinical mental health experience under the general supervision
of an approved supervisor as defined in Section 4999.12.
(b) The experience shall include the following:
(1) A minimum of 3,000 postdegree hours of supervised
clinical mental health experience related to the practice of
professional counseling, performed over a period of not less than two
years (104 weeks) which shall include:
(A) Not more than 40 hours in any seven consecutive days.
(B) Not less than 1,750 hours of direct counseling with
individuals or groups in a clinical or mental
health counseling setting using a variety of psychotherapeutic
techniques and recognized counseling interventions within the scope
of practice of licensed professional counselors.
(C) Not less than 150 hours of clinical experience in a
hospital or community mental health setting.
(D) Not more than 1,000 hours of direct supervisor contact and
professional enrichment activities.
(E) Not more than 500 hours of experience providing group therapy
or group counseling.
(F) Not more than 250 hours of experience administering and
evaluating psychological tests of counselees, writing clinical
reports, writing progress notes, or writing process notes.
(G) Not more than 250 hours of experience providing counseling or
crisis counseling on the telephone.
(H) No hours of
clinical mental health experience may be gained more than six
years prior to the date the application for licensure was filed.
(c) An applicant shall register with the board as an intern in
order to be credited for postdegree hours of experience toward
licensure. Postdegree hours of experience shall be credited toward
licensure, provided that the applicant applies for intern
registration within 90 days of the granting of the qualifying degree
and is registered as an intern by the board.
(d) All applicants and interns shall be at all times under the
supervision of a supervisor who shall be responsible for ensuring
that the extent, kind, and quality of counseling performed is
consistent with the training and experience of the person being
supervised, and who shall be responsible to the board for compliance
with all laws, rules, and regulations governing the practice of
professional counseling. At no time shall a supervisor supervise more
than two interns.
(e) Supervision shall include at least one hour of direct
supervisor contact in each week for which experience is credited in
each work setting.
(1) No more than than five hours of
supervision, whether individual or group, shall be credited during
any single week.
(2) An intern shall receive an average of at least one hour of
direct supervisor contact for every 10 hours of client contact in
each setting.
(3) For purposes of this section, "one hour of direct supervisor
contact" means one hour of face-to-face contact on an individual
basis or two hours of face-to-face contact in a group of not more
than eight persons.
4999.47. (a) Counselor trainees, interns, and applicants shall
perform services as an employee or as a volunteer, not as an
independent contractor.
The requirements of this chapter regarding gaining hours of
clinical mental health experience and supervision are
applicable equally to employees and volunteers.
(b) Counselor trainees, interns, and applicants shall not receive
any remuneration from patients or clients, and shall only be paid by
their employers.
(c) While an intern may be either a paid employee or a volunteer,
employers are encouraged to provide fair remuneration.
(d) Counselor trainees, interns, and applicants who provide
voluntary services or other services, and who receive no more than a
total, from all work settings, of five hundred dollars ($500) per
month as reimbursement for expenses actually incurred by those
counselor trainees, interns, and applicants for services rendered in
any lawful work setting other than a private practice shall be
considered an employee and not an independent contractor.
(e) The board may audit an intern or applicant who receives
reimbursement for expenses and the intern or applicant shall have the
burden of demonstrating that the payments received were for
reimbursement of expenses actually incurred.
(f) Counselor trainees, interns, and applicants shall only
perform services at the place where their employer regularly conducts
business and services, which may include other locations, as long as
the services are performed under the direction and control of the
employer and supervisor in compliance with the laws and regulations
pertaining to supervision. Counselor trainees, interns, and
applicants shall have no proprietary interest in the employer's
business.
(g) Each educational institution preparing applicants for
licensure pursuant to this chapter shall consider requiring, and
shall encourage, its students to undergo individual, marital or
conjoint, family, or group counseling or psychotherapy, as
appropriate. Each supervisor shall consider, advise, and encourage
his or her interns and counselor trainees regarding the advisability
of undertaking individual, marital or conjoint, family, or group
counseling or psychotherapy, as appropriate. Insofar as it is deemed
appropriate and is desired by the applicant, the educational
institution and supervisors are encouraged to assist the applicant in
locating that counseling or psychotherapy at a reasonable cost.
4999.48. The board shall adopt regulations regarding the
supervision of interns which may include, but not be limited to, the
following:
(a) Supervisor qualifications.
(b) Continuing education requirements of supervisors.
(c) Registration or licensing of supervisors, or both.
(d) General responsibilities of supervisors.
(e) The board's authority in cases of noncompliance or gross or
repeated negligence by supervisors.
4999.50. (a) The board may issue a professional counselor license
to any person who meets all of the following requirements:
(1) He or she has received a master's or doctoral degree described
in Section 4999.32 or 4999.33, as applicable.
(2) He or she has completed 3,000 hours of supervised experience
in the practice of professional counseling as provided in Section
4999.46.
(3) He or she provides evidence of a passing score, as determined
by the board, on examinations approved by the board.
(4) He or she meets the board's regulatory requirements for
professional counselor licensure, including the following:
(A) The applicant has not committed acts or crimes constituting
grounds for denial of licensure under Section 480.
(B) The board shall not issue a license to any person who has been
convicted of a crime in this or another state or in a territory of
the United States that involves sexual abuse of children or who is
required to register pursuant to Section 290 of the Penal Code or the
equivalent in another state or territory.
(C) He or she has passed a fingerprint check by submitting Live
Scan fingerprint images to the Department of Justice.
(b) The board may issue a license to any person who, at the time
of application, has held for at least two years, a valid license as a
professional counselor, or an equivalent title, in another
jurisdiction of the United States, if the education and supervised
experience requirements are substantially equivalent to this chapter,
and the person has successfully completed the examinations as
specified in paragraph (3) of subdivision (a) and has paid the
required fees.
(c) An applicant who has satisfied the requirements of this
chapter shall be issued a license as a professional counselor in the
form that the board may deem appropriate.
(d) The board shall begin accepting applications for licensure on
January 1, 2011.
4999.52. (a) Every applicant for a license as a professional
counselor shall be examined by the board pursuant to paragraph (3) of
subdivision (a) of Section 4999.50. The board shall examine the
candidate with regard to his or her knowledge and professional skills
and his or her judgment in the utilization of appropriate techniques
and methods.
(b) The examinations shall be given at least twice a year at a
time and place and under supervision as the board may determine.
(c) (1) It is the intent of the Legislature that national
licensing examinations, such as the National Counselor Examination
for Licensure and Certification (NCE) and the National Clinical
Mental Health Counselor Examination (NCMHCE), be evaluated by the
board as requirements for licensure as a professional counselor.
(2) The board shall evaluate various national examinations in
order to determine whether they meet the prevailing standards for the
validation and use of licensing and certification tests in
California.
(3) Examinations shall measure knowledge and abilities
demonstrably important to the safe, effective practice of the
profession.
(4) If national examinations do not meet the standards specified
in paragraph (2), then the board may develop and require a
supplemental examination in addition to national examinations. Under
these circumstances, national examinations, as well as a supplemental
examination developed by the board, are required for licensure as a
professional counselor pursuant to paragraph (3) of subdivision (a)
of Section 4999.50 and this section.
(5) The licensing examinations shall also incorporate a California
jurisprudence and ethics examination element that is acceptable to
the board, or, as an alternative, the board may develop a separate
California jurisprudence and ethics examination.
(d) The board shall not deny any applicant who has submitted a
complete application for examination admission to the licensure
examinations required by this section if the applicant meets the
educational and experience requirements of this chapter, and has not
committed any acts or engaged in any conduct that would constitute
grounds to deny licensure.
(e) The board shall not deny any applicant whose application for
licensure is complete, admission to the examinations, nor shall the
board postpone or delay any applicant's examinations or delay
informing the candidate of the results of the examinations, solely
upon the receipt by the board of a complaint alleging acts or conduct
that would constitute grounds to deny licensure.
(f) If an applicant for examination is the subject of a complaint
or is under board investigation for acts or conduct that, if proven
to be true, would constitute grounds for the board to deny licensure,
the board shall permit the applicant to take the examinations, but
may notify the applicant that licensure will not be granted pending
completion of the investigation.
(g) Notwithstanding Section 135, the board may deny any applicant
who has previously failed an examination permission to retake that
examination pending completion of the investigation of any complaints
against the applicant.
(h) Nothing in this section shall prohibit the board from denying
an applicant admission to any examination, withholding the results,
or refusing to issue a license to any applicant when an accusation or
statement of issues has been filed against the applicant pursuant to
Section 11503 or 11504 of the Government Code, respectively, or the
applicant has been denied in accordance with subdivision (b) of
Section 485.
(i) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
4999.54. Notwithstanding Section 4999.50, the board may issue a
license to any person who submits an application for a license
between October 1, 2009, and March 31, 2010, provided that all
documentation is submitted within 12 months of the board's evaluation
of the application, and provided he or she meets one of the
following sets of criteria:
(a) He or she meets all of the following requirements:
(1) Has a master's or doctoral degree from a school, college, or
university as specified in Section 4999.32, that is counseling or
psychotherapy in content. If the person's degree does not include all
the graduate coursework in all nine subject areas as required by
paragraph (1) of subdivision (c) of Section 4999.32, a person shall
provide documentation that he or she has completed the required
coursework prior to licensure. A qualifying degree must include the
supervised practicum or field study experience as required in
paragraph (3) of subdivision (c) of Section 4999.32.
(A) A counselor educator whose degree contains at least seven of
the nine required courses subject areas
shall be given credit for a course
coursework not contained in the degree if the counselor
educator provides documentation that he or she has taught the
equivalent of the required course subject
areas in a graduate program in counseling or a related area.
(B) Degrees issued prior to 1996 shall include a minimum of 30
semester units or 45 quarter units and at least five of the nine
required courses core areas specified in
paragraph (1) of subdivision (c) of Section 4999.32. The total
number of units shall be no less than 48 semester units or 72 quarter
units.
(C) Degrees issued in 1996 and after shall include a minimum of
48 semester units or 72 quarter units and at least seven of the nine
courses core areas specified in
paragraph (1) of subdivision (c) of Section 4999.32.
(2) Additional coursework as required by Section 4999.38.
(3) Has at least two years, full-time or the equivalent,
postdegree counseling experience, that includes at least
1,500 hours of direct client contact experience 1,700
hours of experience in a clinical setting supervised by a
licensed marriage and family therapist, a licensed clinical social
worker, a licensed psychologist, a licensed physician and surgeon
specializing in psychiatry, or a master's level counselor or
therapist who is certified by a national certifying or registering
organization, including, but not limited to, the National Board for
Certified Counselors or the Commission on Rehabilitation Counselor
Certification.
(4) Has a passing score on the following examinations:
(A) The National Counselor Examination for Licensure and
Certification or the Certified Rehabilitation Counselor Examination.
(B) The National Clinical Mental Health Counselor Examination.
(C) A California jurisprudence and ethics examination, when
developed by the board.
(b) Is currently licensed as a marriage and family therapist in
the State of California and meets the coursework requirements
described in paragraph (1) of subdivision (a).
(c) Is currently licensed as a clinical social worker in the State
of California and meets the coursework requirements described in
paragraph (1) of subdivision (a).
4999.56. (a) A license issued under subdivision (a) of Section
4999.54 shall be issued on or before December 1, 2010. That license
shall be valid for six years from the issuance date of the initial
license provided that the license is annually renewed during that
period pursuant to Section 4999.101. After this six-year period, it
shall be canceled unless the licensee does both of the following
within the next renewal period:
(1) Obtains a licensure renewal as provided in Section 4999.101.
(2) Passes the examinations required for licensure on or after
July 1, 2010, as set forth in Section 4999.52, or documents that he
or she has already passed those examinations.
(b) Upon failure to meet the requirements set forth in this
section, a license issued pursuant to subdivision (a) of Section
4999.54 shall be canceled and the person shall be required to meet
the requirements listed in Section 4999.50 to obtain a new license.
(c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
Article 4. Practice Requirements
4999.70. A licensee shall display his or her license in a
conspicuous place in his or her primary place of practice.
4999.72. Any licensed professional counselor who conducts a
private practice under a fictitious business name shall not use any
name that is false, misleading, or deceptive, and shall inform the
patient, prior to the commencement of treatment, the name and license
designation of the owner or owners of the practice.
4999.74. Licensed professional counselors shall provide to each
client accurate information about the counseling relationship and the
counseling process.
4999.76. (a) (1) Except as provided in paragraph (2) and
subdivision (c), the board shall not renew any license pursuant to
this chapter unless the applicant certifies to the board, on a form
prescribed by the board, that he or she has completed not less than
36 hours of approved continuing education in or relevant to the field
of professional counseling in the preceding two years, as determined
by the board.
(2) Except as provided in subdivision (c), the board shall not
renew a license issued pursuant to subdivision (a) of Section 4999.54
unless the applicant certifies to the board, on a form prescribed by
the board, that he or she has completed not less than 18 hours of
approved continuing education in or relevant to the field of
professional counseling in the preceding year, as determined by the
board. This paragraph shall become inoperative on January 1, 2017.
(b) The board shall have the right to audit the records of any
applicant to verify the completion of the continuing education
requirement. Applicants shall maintain records of completed
continuing education coursework for a minimum of two years and shall
make these records available to the board for auditing purposes upon
request.
(c) The board may establish exceptions from the continuing
education requirement of this section for good cause, as defined by
the board.
(d) The continuing education shall be obtained from one of the
following sources:
(1) A school, college, or university that is accredited or
approved, as defined in Section 4999.12. Nothing in this paragraph
shall be construed as requiring coursework to be offered as part of a
regular degree program.
(2) Other continuing education providers, including, but not
limited to, a professional counseling association, a licensed health
facility, a governmental entity, a continuing education unit of a
four-year institution of higher learning that is accredited or
approved, or a mental health professional association, approved by
the board.
(e) The board shall establish, by regulation, a procedure for
approving providers of continuing education courses, and all
providers of continuing education, as described in paragraphs (1) and
(2) of subdivision (d), shall adhere to procedures established by
the board. The board may revoke or deny the right of a provider to
offer continuing education coursework pursuant to this section for
failure to comply with the requirements of this section or any
regulation adopted pursuant to this section.
(f) Training, education, and coursework by approved providers
shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the
understanding or the practice of professional counseling.
(2) Significant recent developments in the discipline of
professional counseling.
(3) Aspects of other disciplines that enhance the understanding or
the practice of professional counseling.
(g) A system of continuing education for licensed professional
counselors shall include courses directly related to the diagnosis,
assessment, and treatment of the client population being served.
(h) The board shall, by regulation, fund the administration of
this section through continuing education provider fees to be
deposited in the Behavioral Sciences Fund. The fees related to the
administration of this section shall be sufficient to meet, but shall
not exceed, the costs of administering the corresponding provisions
of this section. For the purposes of this subdivision, a provider of
continuing education as described in paragraph (1) of subdivision (d)
shall be deemed to be an approved provider.
(i) The continuing education requirements of this section shall
fully comply with the guidelines for mandatory continuing education
established by the Department of Consumer Affairs pursuant to Section
166.
Article 5. Enforcement
4999.80. In order to carry out the provisions of this chapter,
the board shall do all of the following:
(a) Enforce laws designed to protect the public from incompetent,
unethical, or unprofessional practitioners.
(b) Investigate complaints concerning the conduct of any licensed
professional counselor.
(c) Revoke, suspend, or fail to renew a license that it has
authority to issue for just cause, as enumerated in rules and
regulations of the board. The board may deny, suspend, or revoke any
license granted under this chapter pursuant to Section 480, 481, 484,
496, 498, or 499.
4999.82. It shall be unlawful for any person to engage in any of
the following acts:
(a) Engage in the practice of professional counseling, as defined
in Section 4999.20, without first having complied with the provisions
of this chapter and without holding a valid license as required by
this chapter.
(b) Represent himself or herself by the title "licensed
professional counselor," "LPC," "licensed counselor," or
"professional counselor" without being duly licensed according to the
provisions of this chapter.
(c) Make any use of any title, words, letters, or abbreviations,
that may reasonably be confused with a designation provided by this
chapter to denote a standard of professional or occupational
competence without being duly licensed.
(d) Materially refuse to furnish the board information or records
required or requested pursuant to this chapter.
4999.84. It is the intent of the Legislature that any
communication made by a person to a licensed professional counselor
in the course of professional services shall be deemed a privileged
communication.
4999.86. Any person who violates any of the provisions of this
chapter is guilty of a misdemeanor punishable by imprisonment in the
county jail not exceeding six months, or by a fine not exceeding two
thousand five hundred dollars ($2,500), or by both that fine and
imprisonment.
4999.88. In addition to other proceedings provided in this
chapter, whenever any person has engaged, or is about to engage, in
any acts or practices that constitute, or will constitute, an offense
against this chapter, the superior court in and for the county
wherein the acts or practices take place, or are about to take place,
may issue an injunction, or other appropriate order, restraining
such conduct on application of the board, the Attorney General, or
the district attorney of the county.
The proceedings under this section shall be governed by Chapter 3
(commencing with Section 525) of Title 7 of Part 2 of the Code of
Civil Procedure.
4999.90. The board may refuse to issue any registration or
license, or may suspend or revoke the registration or license of any
intern or licensed professional counselor, if the applicant,
licensee, or registrant has been guilty of unprofessional conduct.
Unprofessional conduct includes, but is not limited to, the
following:
(a) The conviction of a crime substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The board may
inquire into the circumstances surrounding the commission of the
crime in order to fix the degree of discipline or to determine if the
conviction is substantially related to the qualifications,
functions, or duties of a licensee or registrant under this chapter.
A plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter shall be deemed to be a conviction within the
meaning of this section. The board may order any license or
registration suspended or revoked, or may decline to issue a license
or registration when the time for appeal has elapsed, or the judgment
of conviction has been affirmed on appeal, or, when an order
granting probation is made suspending the imposition of sentence,
irrespective of a subsequent order under Section 1203.4 of the Penal
Code allowing the person to withdraw a plea of guilty and enter a
plea of not guilty, or setting aside the verdict of guilty, or
dismissing the accusation, information, or indictment.
(b) Securing a license or registration by fraud, deceit, or
misrepresentation on any application for licensure or registration
submitted to the board, whether engaged in by an applicant for a
license or registration, or by a licensee in support of any
application for licensure or registration.
(c) Administering to himself or herself any controlled substance
or using any of the dangerous drugs specified in Section 4022, or any
alcoholic beverage to the extent, or in a manner, as to be dangerous
or injurious to the person applying for a registration or license or
holding a registration or license under this chapter, or to any
other person, or to the public, or, to the extent that the use
impairs the ability of the person applying for or holding a
registration or license to conduct with safety to the public the
practice authorized by the registration or license, or the conviction
of more than one misdemeanor or any felony involving the use,
consumption, or self-administration of any of the substances referred
to in this subdivision, or any combination thereof. The board shall
deny an application for a registration or license or revoke the
license or registration of any person, other than one who is licensed
as a physician and surgeon, who uses or offers to use drugs in the
course of performing licensed professional counseling services.
(d) Gross negligence or incompetence in the performance of
licensed professional counseling services.
(e) Violating, attempting to violate, or conspiring to violate any
of the provisions of this chapter or any regulation adopted by the
board.
(f) Misrepresentation as to the type or status of a license or
registration held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
(g) Impersonation of another by any licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee or registrant, allowing any other person to use his or her
license or registration.
(h) Aiding or abetting, or employing, directly or indirectly, any
unlicensed or unregistered person to engage in conduct for which a
license or registration is required under this chapter.
(i) Intentionally or recklessly causing physical or emotional harm
to any client.
(j) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
(k) Engaging in sexual relations with a client, or a former client
within two years following termination of therapy, soliciting sexual
relations with a client, or committing an act of sexual abuse, or
sexual misconduct with a client, or committing an act punishable as a
sexually related crime, if that act or solicitation is substantially
related to the qualifications, functions, or duties of a licensed
professional counselor.
(l) Performing, or holding oneself out as being able to perform,
or offering to perform, or permitting any counselor trainee or intern
under supervision to perform, any professional services beyond the
scope of the license authorized by this chapter.
(m) Failure to maintain confidentiality,
except as otherwise required or permitted by law, of all information
that has been received from a client in confidence during the course
of treatment and all information about the client which is obtained
from tests or other means.
(n) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
(o) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional counseling
services actually provided by the licensee. Nothing in this
subdivision shall prevent collaboration among two or more licensees
in a case or cases. However, no fee shall be charged for that
collaboration, except when disclosure of the fee has been made in
compliance with subdivision (n).
(p) Advertising in a manner that is false, misleading, or
deceptive.
(q) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device.
(r) Any conduct in the supervision of any intern or counselor
trainee by any licensee that violates this chapter or any rules or
regulations adopted by the board.
(s) Performing or holding oneself out as being able to perform
professional services beyond the scope of one's competence, as
established by one's education, training, or experience. This
subdivision shall not be construed to expand the scope of the license
authorized by this chapter.
(t) Permitting a counselor trainee or intern under one's
supervision or control to perform, or permitting the counselor
trainee or intern to hold himself or herself out as competent to
perform, professional services beyond the counselor trainee's or
intern's level of education, training, or experience.
(u) The violation of any statute or regulation of the standards of
the profession, and the nature of the services being rendered,
governing the gaining and supervision of experience required by this
chapter.
(v) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
(w) Failure to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
(x) Failing to comply with the elder and dependent adult abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
(y) Repeated acts of negligence.
Article 6. Revenue
4999.100. (a) An intern registration shall expire one year from
the last day of the month in which it was issued.
(b) To renew a registration, the registrant shall, on or before
the expiration date of the registration, do the following:
(1) Apply for a renewal on a form prescribed by the board.
(2) Pay a renewal fee prescribed by the board.
(3) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, or whether any
disciplinary action has been taken by any regulatory or licensing
board in this or any other state, subsequent to the registrant's last
renewal.
4999.101. (a) A license issued under subdivision (a) of Section
4999.54 shall expire one year from the last day of the month during
which it was issued.
(b) To renew an unexpired license, the licensee, on or before the
expiration date of the license, shall do all of the following:
(1) Apply for renewal on a form prescribed by the board.
(2) Pay a renewal fee prescribed by the board.
(3) Certify compliance with the continuing education requirements
set forth in Section 4999.76.
(4) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, or whether any
disciplinary action has been taken by any regulatory or licensing
board in this or any other state, subsequent to the licensee's last
renewal.
(c) The board shall begin accepting applications for licensure
renewal on January 1, 2011.
(d) If a license issued under subdivision (a) of Section
4999.64 4999.54 is not renewed on or before the
expiration date of the license, the license shall be cancelled and
the person shall be required to meet the requirements set forth in
Section 4999.50 in order to obtain a new license.
(e) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
4999.102. (a) Licenses issued under Section 4999.50 or
subdivision (b) or (c) of Section 4999.54 and, on and after January
1, 2017, licenses issued under subdivision (a) of Section 4999.54
shall expire no more than 24 months after the issue date. The
expiration date of the original license shall be set by the board.
(b) To renew an unexpired license, the licensee, on or before the
expiration date of the license, shall do all of the following:
(1) Apply for a renewal on a form prescribed by the board.
(2) Pay a two-year renewal fee prescribed by the board.
(3) Certify compliance with the continuing education requirements
set forth in Section 4999.76.
(4) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, or whether any
disciplinary action has been taken by any regulatory or licensing
board in this or any other state, subsequent to the licensee's last
renewal.
4999.104. Licenses issued under Section 4999.50 or subdivision
(b) or (c) of Section 4999.54 and, on and after January 1, 2017,
licenses issued under subdivision (a) of Section 4999.54 that have
expired may be renewed at any time within three years of expiration.
To renew an expired license, the licensee shall do all of the
following:
(a) File an application for renewal on a form prescribed by the
board.
(b) Pay all fees that would have been paid if the license had not
become delinquent.
(c) Pay all delinquency fees.
(d) Certify compliance with the continuing education requirements
set forth in Section 4999.76.
(e) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, or whether any
disciplinary action has been taken by any regulatory or licensing
board in this or any other state, subsequent to the licensee's last
renewal.
4999.106. A license that is not renewed within three years after
its expiration may not be renewed, restored, reinstated, or reissued,
except that a former licensee may apply for and obtain a new license
if he or she complies with all of the following:
(a) No fact, circumstance, or condition exists that, if the
license were issued, would justify its revocation or suspension.
(b) He or she takes and passes the current examinations required
for licensing.
(c) He or she submits an application for initial licensure.
4999.108. A suspended license is subject to expiration and shall
be renewed as provided in this article, but that renewal does not
entitle the licensee, while it remains suspended and until it is
reinstated, to engage in the activity to which the license relates,
or in any other activity or conduct in violation of the order or
judgment by which it was suspended.
4999.110. A revoked license is subject to expiration as provided
in this article, but it may not be renewed. If it is reinstated after
its expiration, the licensee shall, as a condition precedent to its
reinstatement, pay a reinstatement fee in an amount equal to the
renewal fee in effect on the last regular renewal date before the
date on which it is reinstated, plus the delinquency fee, if any,
accrued at the time of its revocation.
4999.112. (a) A licensed professional counselor may apply to the
board to request that his or her license be placed on inactive
status. A licensee who holds an inactive license shall do all of the
following:
(1) Pay a biennial fee of one-half of the active renewal fee.
(2) Be exempt from continuing education requirements.
(3) Not engage in the practice of professional counseling in this
state.
(4) Otherwise be subject to this chapter.
(b) A licensee on inactive status may have his or her license
reactivated by complying with all of the following:
(1) Submitting a request to the board.
(2) Certifying that he or she has not committed any acts or crimes
constituting grounds for denial of licensure.
(3) Paying the remaining one-half of the renewal fee.
(4) Completing the following continuing education requirements:
(A) Eighteen hours of continuing education is required within the
two years preceding the date of the request for reactivation if the
license will expire less than one year from the date of the request
for reactivation.
(B) Thirty-six hours of continuing education is required within
the two years preceding the date of the request for reactivation if
the license will expire more than one year from the date of the
request for reactivation.
4999.114. The board shall report each month to the Controller the
amount and source of all revenue received pursuant to this chapter
and at the same time deposit the entire amount thereof in the State
Treasury for credit to the Behavioral Sciences Fund.
4999.116. (a) The moneys credited to the Behavioral Sciences Fund
under Section 4999.114 shall, upon appropriation by the Legislature,
be used for the purposes of carrying out and enforcing the
provisions of this chapter.
(b) The board shall keep records that will reasonably ensure that
funds expended in the administration of each licensing or
registration category bear a reasonable relation to the revenue
derived from each category, and shall so notify the department no
later than May 31 of each year.
(c) Surpluses, if any, may be used in a way so as to bear a
reasonable relation to the revenue derived from each category, and
may include, but not be limited to, expenditures for education and
research related to each of the licensing or registration categories.
4999.118. A licensee or registrant shall give written notice to
the board of a name change within 30 days after each change, giving
both the old and new names. A copy of the legal document authorizing
the name change, such as a court order or marriage certificate, shall
be submitted with the notice.
4999.120. The board shall assess fees for the application for and
the issuance and renewal of licenses and for the registration of
interns to cover administrative and operating expenses of the board
related to this chapter.
4999.122. The professional counselor licensing program shall be
supported from fees assessed to applicants, interns, and licensees.
Startup funds to implement this program shall be derived, as a loan,
from the reserve fund of the Board of Behavioral Sciences, subject to
an appropriation by the Legislature in the annual Budget Act. The
board shall not be required to implement this chapter until funds
have been appropriated.
SEC. 5. Section 11165.7 of the Penal Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by any public
or private school.
(4) A classified employee of any public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of any public
or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any employee of a county office of education or the California
Department of Education, whose duties bring the employee into
contact with children on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any person who is an administrator or presenter of, or a
counselor in, a child abuse prevention program in any public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker unless the investigator, inspector, or
caseworker is working with an attorney appointed pursuant to Section
317 of the Welfare and Institutions Code to represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician, surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage, family and child counselor,
clinical social worker, or any other person who is currently licensed
under Division 2 (commencing with Section 500) of the Business and
Professions Code.
(22) Any emergency medical technician I or II, paramedic, or other
person certified pursuant to Division 2.5 (commencing with Section
1797) of the Health and Safety Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage, family, and child therapist trainee, as defined
in subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage, family, and child therapist intern
registered under Section 4980.44 of the Business and Professions
Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner, or any other person who performs
autopsies.
(29) A commercial film and photographic print processor, as
specified in subdivision (e) of Section 11166. As used in this
article, "commercial film and photographic print processor" means any
person who develops exposed photographic film into negatives,
slides, or prints, or who makes prints from negatives or slides, for
compensation. The term includes any employee of such a person; it
does not include a person who develops film or makes prints for a
public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any person who, for financial compensation,
acts as monitor of a visit between a child and any other person when
the monitoring of that visit has been ordered by a court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any person employed by a city,
county, or city and county for the purpose of enforcing animal
control laws or regulations.
(B) "Humane society officer" means any person appointed or
employed by a public or private entity as a humane officer who is
qualified pursuant to Section 14502 or 14503 of the Corporations
Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any employee of any police department, county sheriff's
department, county probation department, or county welfare
department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424 of the California Rules of
Court.
(36) A custodial officer as defined in Section 831.5.
(37) Any person providing services to a minor child under Section
12300 or 12300.1 of the Welfare and Institutions Code.
(38) A licensed professional counselor, as defined in Section
4999.12 of the Business and Professions Code.
(39) A professional counselor trainee, as defined in subdivision
(g) of Section 4999.12 of the Business and Professions Code.
(40) An unlicensed professional counsel intern registered pursuant
to Section 4999.42 of the Business and Professions Code.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.