BILL NUMBER: AB 2167 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2010
INTRODUCED BY Assembly Member Nava
FEBRUARY 18, 2010
An act to amend, repeal, and add Sections 4992.1, 4996.1, 4996.3,
4996.4, and 4996.17 of the Business and Professions Code, relating to
clinical social workers.
LEGISLATIVE COUNSEL'S DIGEST
AB 2167, as amended, Nava. Clinical social workers: examination
requirements.
Existing law, the Clinical Social Worker Practice Act, provides
for the licensure and regulation of social workers by the Board of
Behavioral Sciences. Existing law requires the board to issue a
license to each applicant meeting specified requirements who
successfully passes a board administered standard written or oral
examination or both examinations and existing law also provides for a
clinical vignette written examination for these applicants. Under
existing law, the fee for the standard written examination is $150
and the fee for the clinical vignette written examination is $100.
This bill would, on and after January 1, 2014 , if the board
makes a specified determination , instead require the board to
issue a license to each applicant meeting specified requirements who
successfully passes the Association of Social Work Boards Clinical
Level Exam administered by the Association of Social Work Boards and
a separate California jurisprudence and ethics examination
incorporated or developed and administered by the board. The bill
would provide an unspecified fee a maximum
$100 fee for the jurisprudence and ethics
examination. The bill would also make conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4992.1 of the Business and Professions Code is
amended to read:
4992.1. (a) Only individuals who have the qualifications
prescribed by the board under this chapter are eligible to take the
examination.
(b) Every applicant who is issued a clinical social worker license
shall be examined by the board.
(c) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
(d) The board shall not deny any applicant, whose application for
licensure is complete, admission to the standard written examination,
nor shall the board postpone or delay any applicant's standard
written examination or delay informing the candidate of the results
of the standard written examination, solely upon the receipt by the
board of a complaint alleging acts or conduct that would constitute
grounds to deny licensure.
(e) If an applicant for examination who has passed the standard
written 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 clinical vignette written
examination for licensure, but may withhold the results of the
examination or notify the applicant that licensure will not be
granted pending completion of the investigation.
(f) Notwithstanding Section 135, the board may deny any applicant
who has previously failed either the standard written or clinical
vignette written examination permission to retake either examination
pending completion of the investigation of any complaint against the
applicant. 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,
or the applicant has been denied in accordance with subdivision (b)
of Section 485.
(g) On or after January 1, 2002, no applicant shall be eligible to
participate in a clinical vignette written examination if his or her
passing score on the standard written examination occurred more than
seven years before.
(h) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
(h) This section shall become inoperative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative.
(i) This section is repealed as of the January 1 following the
date that it becomes inoperative.
SEC. 2. Section 4992.1 is added to the Business and Professions
Code, to read:
4992.1. (a) Only individuals who have the qualifications
prescribed by the board under this chapter are eligible to take the
examination.
(b) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
(c) If an applicant who has passed the examination described in
paragraph (1) of subdivision (a) of Section 4996.1 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
California jurisprudence and ethics examination, but may withhold the
results of the examination or notify the applicant that licensure
will not be granted pending completion of the investigation.
(d) Notwithstanding Section 135, the board may deny any applicant
who has previously failed the examination permission to retake the
examination pending completion of the investigation of any complaint
against the applicant. 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, or the applicant has been denied in accordance with
subdivision (b) of Section 485.
(e) This section shall become operative on January 1, 2014.
(e) This section shall become operative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative.
SEC. 3. Section 4996.1 of the Business and Professions Code is
amended to read:
4996.1. (a) The board shall issue a clinical social worker
license to each applicant who qualifies pursuant to this article and
successfully passes a board administered written or oral examination
or both examinations. An applicant who has successfully passed a
previously administered written examination may be subsequently
required to take and pass another written examination.
(b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
(b) This section shall become inoperative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative.
(c) This section is repealed as of the January 1 following the
date that it becomes inoperative.
SEC. 4. Section 4996.1 is added to the Business and Professions
Code, to read:
4996.1. (a) The board shall issue a clinical social worker
license to each applicant who qualifies pursuant to this article and
successfully passes both of the following:
(1) The Association of Social Work Boards Clinical Level Exam
administered by the Association of Social Work Boards.
(2) A California jurisprudence and ethics examination
incorporated or developed and administered by the board.
(b) For the purposes of this chapter, the term "examination" or
"examinations" shall include both examinations described in
subdivision (a).
(c) This section shall become operative on January 1, 2014.
(c) This section shall become operative on January 1, 2014, only
if the board determines by December 1, 2013, by regulation, that the
examination described in paragraph (1) of subdivision (a) meets the
prevailing standards for validation and use of the licensing and
certification tests in California. The board shall immediately post
this determination on the main page of its Internet Web site.
SEC. 5. Section 4996.3 of the Business and Professions Code is
amended to read:
4996.3. (a) The board shall assess the following fees relating to
the licensure of clinical social workers:
(1) The application fee for registration as an associate clinical
social worker shall be seventy-five dollars ($75).
(2) The fee for renewal of an associate clinical social worker
registration shall be seventy-five dollars ($75).
(3) The fee for application for examination eligibility shall be
one hundred dollars ($100).
(4) The fee for the standard written examination shall be a
maximum of one hundred fifty dollars ($150). The fee for the clinical
vignette examination shall be one hundred dollars ($100).
(A) An applicant who fails to appear for an examination, after
having been scheduled to take the examination, shall forfeit the
examination fees.
(B) The amount of the examination fees shall be based on the
actual cost to the board of developing, purchasing, and grading each
examination and the actual cost to the board of administering each
examination. The written examination fees shall be adjusted
periodically by regulation to reflect the actual costs incurred by
the board.
(5) The fee for rescoring an examination shall be twenty dollars
($20).
(6) The fee for issuance of an initial license shall be a maximum
of one hundred fifty-five dollars ($155).
(7) The fee for license renewal shall be a maximum of one hundred
fifty-five dollars ($155).
(8) The fee for inactive license renewal shall be a maximum of
seventy-seven dollars and fifty cents ($77.50).
(9) The renewal delinquency fee shall be seventy-five dollars
($75). A person who permits his or her license to expire is subject
to the delinquency fee.
(10) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
(11) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
(b) With regard to license, examination, and other fees, the board
shall establish fee amounts at or below the maximum amounts
specified in this chapter.
(c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
(c) This section shall become inoperative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative.
(d) This section is repealed as of the January 1 following the
date that it becomes inoperative.
SEC. 6. Section 4996.3 is added to the Business and Professions
Code, to read:
4996.3. (a) The board shall assess the following fees relating to
the licensure of clinical social workers:
(1) The application fee for registration as an associate clinical
social worker shall be seventy-five dollars ($75).
(2) The fee for renewal of an associate clinical social worker
registration shall be seventy-five dollars ($75).
(3) The fee for application for examination eligibility shall be
one hundred dollars ($100).
(4) The fee for the California jurisprudence and ethics
examination shall be a maximum of ____dollars ($____)
one hundred dollars ($100) .
(A) An applicant who fails to appear for an examination, after
having been scheduled to take the examination, shall forfeit the
examination fees.
(B) The amount of the California jurisprudence and ethics
examination fees shall be based on the actual cost to the board of
developing, purchasing, and grading that examination and the actual
cost to the board of administering each California jurisprudence and
ethics examination. The California jurisprudence and ethics
examination fees shall be adjusted periodically by regulation to
reflect the actual costs incurred by the board.
(5) The fee for issuance of an initial license shall be a maximum
of one hundred fifty-five dollars ($155).
(6) The fee for license renewal shall be a maximum of one hundred
fifty-five dollars ($155).
(7) The fee for inactive license renewal shall be a maximum of
seventy-seven dollars and fifty cents ($77.50).
(8) The renewal delinquency fee shall be seventy-five dollars
($75). A person who permits his or her license to expire is subject
to the delinquency fee.
(9) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
(10) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
(b) With regard to license, examination, and other fees, the board
shall establish fee amounts at or below the maximum amounts
specified in this chapter.
(c) This section shall become operative on January 1, 2014.
(c) This section shall become operative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative.
SEC. 7. Section 4996.4 of the Business and Professions Code is
amended to read:
4996.4. (a) An applicant who fails a standard or clinical
vignette written examination may within one year from the
notification date of failure, retake that examination as regularly
scheduled, without further application, upon payment of the required
examination fees. Thereafter, the applicant shall not be eligible for
further examination until he or she files a new application, meets
all current requirements, and pays all required fees.
(b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
(b) This section shall become inoperative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative.
(c) This section is repealed as of the January 1 following the
date that it becomes inoperative.
SEC. 8. Section 4996.4 is added to the Business and Professions
Code, to read:
4996.4. (a) An applicant who fails the examination may within one
year from the notification date of failure, retake that examination
as regularly scheduled, without further application, upon payment of
the required examination fees. Thereafter, the applicant shall not be
eligible for further examination until he or she files a new
application, meets all current requirements, and pays all required
fees.
(b) This section shall become operative on January 1, 2014.
(b) This section shall become operative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative.
SEC. 9. Section 4996.17 of the Business and Professions Code is
amended to read:
4996.17. (a) Experience gained outside of California shall be
accepted toward the licensure requirements if it is substantially the
equivalent of the requirements of this chapter.
(b) The board may issue a license to any person who, at the time
of application, holds a valid active clinical social work license
issued by a board of clinical social work examiners or corresponding
authority of any state, if the person passes the board administered
licensing examinations as specified in Section 4996.1 and pays the
required fees. Issuance of the license is conditioned upon all of the
following:
(1) The applicant has supervised experience that is substantially
the equivalent of that required by this chapter. If the applicant has
less than 3,200 hours of qualifying supervised experience, time
actively licensed as a clinical social worker shall be accepted at a
rate of 100 hours per month up to a maximum of 1,200 hours.
(2) Completion of the following coursework or training in or out
of this state:
(A) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28, and
any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
(D) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(3) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
(4) The applicant is not currently under investigation in any
other state, and has not been charged with an offense for any act
substantially related to the practice of social work by any public
agency, entered into any consent agreement or been subject to an
administrative decision that contains conditions placed by an agency
upon an applicant's professional conduct or practice, including any
voluntary surrender of license, or been the subject of an adverse
judgment resulting from the practice of social work that the board
determines constitutes evidence of a pattern of incompetence or
negligence.
(5) The applicant shall provide a certification from each state
where he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
(6) The applicant is not subject to denial of licensure under
Section 480, 4992.3, 4992.35, or 4992.36.
(c) The board may issue a license to any person who, at the time
of application, has held a valid, active clinical social work license
for a minimum of four years, issued by a board of clinical social
work examiners or a corresponding authority of any state, if the
person passes the board administered licensing examinations as
specified in Section 4996.1 and pays the required fees. Issuance of
the license is conditioned upon all of the following:
(1) Completion of the following coursework or training in or out
of state:
(A) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28, and
any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
(D) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(2) The applicant has been licensed as a clinical social worker
continuously for a minimum of four years prior to the date of
application.
(3) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
(4) The applicant is not currently under investigation in any
other state, and has not been charged with an offense for any act
substantially related to the practice of social work by any public
agency, entered into any consent agreement or been subject to an
administrative decision that contains conditions placed by an agency
upon an applicant's professional conduct or practice, including any
voluntary surrender of license, or been the subject of an adverse
judgment resulting from the practice of social work that the board
determines constitutes evidence of a pattern of incompetence or
negligence.
(5) The applicant provides a certification from each state where
he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
(6) The applicant is not subject to denial of licensure under
Section 480, 4992.3, 4992.35, or 4992.36.
(d) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
(d) This section shall become inoperative on the date that Section
4996.1, as added by section 4 of the act adding this subdivision,
becomes operative.
(e) This section is repealed as of the January 1 following the
date that it becomes inoperative.
SEC. 10. Section 4996.17 is added to the Business and Professions
Code, to read:
4996.17. (a) Experience gained outside of California shall be
accepted toward the licensure requirements if it is substantially the
equivalent of the requirements of this chapter.
(b) The board may issue a license to any person who, at the time
of application, holds a valid active clinical social work license
issued by a board of clinical social work examiners or corresponding
authority of any state, if the person passes or has passed the
examinations as specified in Section 4996.1 and pays the required
fees. Issuance of the license is conditioned upon all of the
following:
(1) The applicant has supervised experience that is substantially
the equivalent of that required by this chapter. If the applicant has
less than 3,200 hours of qualifying supervised experience, time
actively licensed as a clinical social worker shall be accepted at a
rate of 100 hours per month up to a maximum of 1,200 hours.
(2) Completion of the following coursework or training in or out
of this state:
(A) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28, and
any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
(D) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(3) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
(4) The applicant is not currently under investigation in any
other state, and has not been charged with an offense for any act
substantially related to the practice of social work by any public
agency, entered into any consent agreement or been subject to an
administrative decision that contains conditions placed by an agency
upon an applicant's professional conduct or practice, including any
voluntary surrender of license, or been the subject of an adverse
judgment resulting from the practice of social work that the board
determines constitutes evidence of a pattern of incompetence or
negligence.
(5) The applicant shall provide a certification from each state
where he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
(6) The applicant is not subject to denial of licensure under
Section 480, 4992.3, 4992.35, or 4992.36.
(c) The board may issue a license to any person who, at the time
of application, has held a valid, active clinical social work license
for a minimum of four years, issued by a board of clinical social
work examiners or a corresponding authority of any state, if the
person passes or has passed the examinations as specified in Section
4996.1 and pays the required fees. Issuance of the license is
conditioned upon all of the following:
(1) Completion of the following coursework or training in or out
of state:
(A) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28, and
any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
(D) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(2) The applicant has been licensed as a clinical social worker
continuously for a minimum of four years prior to the date of
application.
(3) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
(4) The applicant is not currently under investigation in any
other state, and has not been charged with an offense for any act
substantially related to the practice of social work by any public
agency, entered into any consent agreement or been subject to an
administrative decision that contains conditions placed by an agency
upon an applicant's professional conduct or practice, including any
voluntary surrender of license, or been the subject of an adverse
judgment resulting from the practice of social work that the board
determines constitutes evidence of a pattern of incompetence or
negligence.
(5) The applicant provides a certification from each state where
he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
(6) The applicant is not subject to denial of licensure under
Section 480, 4992.3, 4992.35, or 4992.36.
(d) This section shall become operative on January 1, 2014.
(d) This section shall become operative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative.