BILL NUMBER: SB 788 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 10, 2009
PASSED THE ASSEMBLY SEPTEMBER 8, 2009
AMENDED IN ASSEMBLY SEPTEMBER 3, 2009
AMENDED IN ASSEMBLY AUGUST 17, 2009
AMENDED IN ASSEMBLY JUNE 22, 2009
AMENDED IN SENATE APRIL 29, 2009
AMENDED IN SENATE APRIL 1, 2009
INTRODUCED BY Senators Wyland and Steinberg
FEBRUARY 27, 2009
An act to amend Sections 728 and 4990 of, to add Chapter 16
(commencing with Section 4999.10) to Division 2 of, and to repeal
Sections 4999.32, 4999.56, 4999.58, and 4999.101 of, the Business and
Professions Code, relating to professional clinical counselors.
LEGISLATIVE COUNSEL'S DIGEST
SB 788, Wyland. Licensed professional clinical 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. Under
existing law, the board consists of 11 members.
This bill would provide for the licensure, registration, and
regulation of licensed professional clinical counselors and interns
by the board and would add 2 additional members to the board, to be
appointed by the Governor, as specified. The bill would enact various
provisions concerning the practice of licensed professional clinical
counselors, interns, and clinical counselor trainees, including, but
not limited to, practice requirements and enforcement
specifications. The bill would authorize the board to begin accepting
applications for intern registration on January 1, 2011, and for
licensure examination eligibility on January 1, 2012, but would
authorize the board to issue licenses to individuals meeting certain
criteria who apply between January 1, 2011, and June 30, 2011. The
bill would authorize the board to impose specified fees on licensed
professional clinical counselors and interns, which would be
deposited in the Behavioral Sciences Fund to carry out the provisions
of the bill. The bill would require that the startup costs of the
program 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.
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.
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 clinical counselor, a
psychological assistant, a marriage and family therapist registered
intern or trainee, an intern or clinical counselor 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 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 the following members:
(1) Two state licensed clinical social workers.
(2) One state licensed educational psychologist.
(3) Two state licensed marriage and family therapists.
(4) Commencing January 1, 2012, one state licensed professional
clinical counselor.
(5) Seven public members.
(b) Each member, except the seven 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 five of the public members and the
six 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 remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 3. Chapter 16 (commencing with Section 4999.10) is added to
Division 2 of the Business and Professions Code, to read:
CHAPTER 16. LICENSED PROFESSIONAL CLINICAL COUNSELORS
Article 1. Administration
4999.10. This chapter constitutes, and may be cited as, the
Licensed Professional Clinical Counselor Act.
4999.11. In enacting this chapter, the Legislature recognizes
that licensed professional clinical counselors practice a separate
and distinct profession from the professions practiced by licensed
marriage and family therapists and licensed clinical social workers.
As such, the Legislature recognizes the need to appropriately test
licensed marriage and family therapists and licensed clinical social
workers seeking to become licensed professional clinical counselors
on the difference in practice between the professions.
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 has applied for examination eligibility,
or an unlicensed person who has completed the requirements for
licensure specified in this chapter and is no longer registered with
the board as an intern.
(e) "Licensed professional clinical counselor" or "LPCC" means a
person licensed under this chapter to practice professional clinical
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) "Clinical 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 clinical 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 clinical
counselor trainee or intern.
(4) Has a current and valid license that is not under suspension
or probation.
(i) "Client centered advocacy" includes, but is not limited to,
researching, identifying, and accessing resources, or other
activities, related to obtaining or providing services and supports
for clients or groups of clients receiving psychotherapy or
counseling services.
(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 clinical
counselor trainee.
(3) Monitoring and evaluating the ability of the intern or
clinical 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 clinical 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
clinical counseling to the relevant educational institutions,
supervisors, professional associations, applicants, clinical
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) (1) "Professional clinical counseling" means the
application of counseling interventions and psychotherapeutic
techniques to identify and remediate cognitive, mental, and emotional
issues, including personal growth, adjustment to disability, crisis
intervention, and psychosocial and environmental problems.
"Professional clinical counseling" includes conducting assessments
for the purpose of establishing counseling goals and objectives to
empower individuals to deal adequately with life situations, reduce
stress, experience growth, change behavior, and make well-informed,
rational decisions.
(2) "Professional clinical counseling" is focused exclusively on
the application of counseling interventions and psychotherapeutic
techniques for the purposes of improving mental health, and is not
intended to capture other, nonclinical forms of counseling for the
purposes of licensure. For purposes of this paragraph, "nonclinical"
means nonmental health.
(3) "Professional clinical counseling" does not include the
assessment or treatment of couples or families unless the
professional clinical counselor has completed all of the following
additional training and education, beyond the minimum training and
education required for licensure:
(A) One of the following:
(i) Six semester units or nine quarter units specifically focused
on the theory and application of marriage and family therapy.
(ii) A named specialization or emphasis area on the qualifying
degree in marriage and family therapy; marital and family therapy;
marriage, family, and child counseling; or couple and family therapy.
(B) No less than 500 hours of documented supervised experience
working directly with couples, families, or children.
(C) A minimum of six hours of continuing education specific to
marriage and family therapy, completed in each license renewal cycle.
(4) "Professional clinical counseling" does not include the
provision of clinical social work services.
(b) "Counseling interventions and psychotherapeutic techniques"
means the application of cognitive, affective, verbal or nonverbal,
systemic or holistic counseling strategies that include principles of
development, wellness, and maladjustment that reflect a pluralistic
society. These interventions and techniques are specifically
implemented in the context of a professional clinical 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 clinical 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 clinical counselor" and shall not state that they are
licensed to practice professional clinical counseling, unless they
are otherwise licensed to provide professional clinical 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 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, college, university, or
institution 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 clinical
counselor trainees pursuing a course of study leading to a degree
that qualifies for professional clinical 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 "clinical 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
clinical 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
examination eligibility or registration who begin graduate study
before August 1, 2012, and complete that study on or before December
31, 2018. Those applicants may alternatively qualify under paragraph
(2) of subdivision (a) of Section 4999.33.
(b) To qualify for examination eligibility or registration,
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
it contains the supervised practicum or field study experience
described in paragraph (3) of subdivision (c) and, except as provided
in subdivision (d), the coursework in the core content areas listed
in subparagraphs (A) to (I), inclusive, of paragraph (1) of
subdivision (c).
(c) The degree described in subdivision (b) shall contain not less
than 48 graduate semester or 72 graduate quarter units of
instruction, which shall, except as provided in subdivision (d),
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 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, 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, statistical 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 the diagnostic process, including differential
diagnosis, and the use of current diagnostic tools, such as the
current edition of the Diagnostic and Statistical Manual, the impact
of co-occurring substance use disorders or medical psychological
disorders, established diagnostic criteria for mental or emotional
disorders, and the treatment modalities and placement criteria within
the continuum of care.
(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) In addition to the course requirements described in paragraph
(1), a minimum of 12 semester units or 18 quarter units of advanced
coursework to develop knowledge of specific treatment issues, special
populations, application of counseling constructs, assessment and
treatment planning, clinical interventions, therapeutic
relationships, psychopathology, or other clinical topics.
(3) Not less than six semester units or nine quarter units of
supervised practicum or field study experience, or the equivalent, in
a clinical setting that provides a range of professional clinical
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) may satisfy those
deficiencies by successfully completing post-master'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.
(e) In addition to the degree described in this section, or as
part of that degree, an applicant shall complete the following
coursework or training prior to registration as an intern:
(1) A minimum of 15 contact hours of instruction in alcoholism and
other chemical substance abuse dependency, as specified by
regulation.
(2) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(3) A two semester unit or three quarter unit survey course in
psychopharmacology.
(4) A minimum of 15 contact hours of instruction in spousal or
partner abuse assessment, detection, and intervention strategies,
including knowledge of community resources, cultural factors, and
same gender abuse dynamics.
(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 18 contact hours of instruction in California law
and professional ethics for professional clinical counselors. 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).
(7) A minimum of 10 contact hours of instruction in aging and
long-term care, which may include, but is not limited to, the
biological, social, and psychological aspects of aging.
(8) A minimum of 15 contact hours of instruction in crisis or
trauma counseling, including multidisciplinary responses to crises,
emergencies, or disasters, and brief, intermediate, and long-term
approaches.
(f) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2019, deletes or extends that
date.
4999.33. (a) This section shall apply to the following:
(1) Applicants for examination eligibility or registration who
begin graduate study before August 1, 2012, and do not complete that
study on or before December 31, 2018.
(2) Applicants for examination eligibility or registration who
begin graduate study before August 1, 2012, and who graduate from a
degree program that meets the requirements of this section.
(3) Applicants for examination eligibility or registration who
begin graduate study on or after August 1, 2012.
(b) To qualify for examination eligibility or registration,
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
it contains the supervised practicum or field study experience
described in paragraph (3) of subdivision (c) and, except as provided
in subdivision (f), the coursework in the core content areas listed
in subparagraphs (A) to (M), inclusive, of paragraph (1) of
subdivision (c).
(c) The degree described in subdivision (b) shall contain not less
than 60 graduate semester or 90 graduate quarter units of
instruction, which shall, except as provided in subdivision (f),
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, statistical 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 the diagnostic process, including differential
diagnosis, and the use of current diagnostic tools, such as the
current edition of the Diagnostic and Statistical Manual, the impact
of co-occurring substance use disorders or medical psychological
disorders, established diagnostic criteria for mental or emotional
disorders, and the treatment modalities and placement criteria within
the continuum of care.
(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 California law and professional ethics for professional
clinical counselors, 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, basic classifications, indications, and contraindications
of commonly prescribed psychopharmacological medications so that
appropriate referrals can be made for medication evaluations and so
that the side effects of those medications can be identified.
(K) Addictions counseling, including substance abuse, co-occurring
disorders, and addiction, 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.
(L) Crisis or trauma counseling, including crisis theory;
multidisciplinary responses to crises, emergencies, or disasters;
cognitive, affective, behavioral, and neurological effects associated
with trauma; brief, intermediate and long-term approaches; and
assessment strategies for clients in crisis and principles of
intervention for individuals with mental or emotional disorders
during times of crisis, emergency, or disaster.
(M) Advanced counseling and psychotherapeutic theories and
techniques, including the application of counseling constructs,
assessment and treatment planning, clinical interventions,
therapeutic relationships, psychopathology, or other clinical topics.
(2) In addition to the course requirements described in paragraph
(1), 15 semester units or 22.5 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 setting that provides a range of professional clinical
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.
(7) Human sexuality, including the study of the physiological,
psychological, and social cultural variables associated with sexual
behavior, gender identity, and the assessment and treatment of
psychosexual dysfunction.
(8) Spousal or partner abuse assessment, detection, intervention
strategies, and same-gender abuse dynamics.
(9) Child abuse assessment and reporting.
(10) Aging and long-term care, including biological, social,
cognitive, and psychological aspects of aging.
(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
three of the required areas of study listed in subparagraphs (A) to
(M), inclusive, of paragraph (1) of subdivision (c) may satisfy those
deficiencies by successfully completing post-master'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 (M), 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 clinical 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 clinical 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 clinical counselors.
(c) Is not a private practice.
(d) Experience may be gained by the clinical counselor trainee
solely as part of the position for which the clinical counselor
trainee volunteers or is employed.
4999.36. (a) A clinical counselor trainee may perform activities
and services provided that the activities and services constitute
part of the clinical counselor trainee's supervised course of study
and that the person is designated by the title "clinical counselor
trainee."
(b) All practicum and field study hours gained as a clinical
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 clinical 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 clinical counselor trainee may count
toward the 3,000 hours of postdegree internship hours.
(f) A clinical counselor trainee shall receive an average of at
least one hour of direct supervisor contact for every five hours of
client contact in each setting. For purposes of this subdivision,
"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 in
segments lasting no less than one continuous hour.
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. An
applicant whose education qualifies him or her under Section 4999.32
shall also have completed the coursework or training specified in
subdivision (e) of Section 4999.32.
(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, 2011.
4999.44. An intern may be credited with supervised experience
completed in any setting that meets all of the following
requirements:
(a) Lawfully and regularly provides mental health counseling or
psychotherapy.
(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).
(c) Experience may be gained by the intern solely as part of the
position for which the intern volunteers or is employed.
(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 clinical 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) To qualify for licensure, applicants 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 a minimum of 3,000 postdegree
hours of supervised clinical mental health experience related to the
practice of professional clinical counseling, performed over a period
of not less than two years (104 weeks) which shall include:
(1) Not more than 40 hours in any seven consecutive days.
(2) Not less than 1,750 hours of direct counseling with
individuals or groups in a clinical mental health counseling setting
using a variety of psychotherapeutic techniques and recognized
counseling interventions within the scope of practice of licensed
professional clinical counselors.
(3) Not more than 500 hours of experience providing group therapy
or group counseling.
(4) Not more than 250 hours of experience providing counseling or
crisis counseling on the telephone.
(5) Not less than 150 hours of clinical experience in a hospital
or community mental health setting.
(6) Not more than a combined total of 1,250 hours of experience in
the following related activities:
(A) Direct supervisor contact.
(B) Client centered advocacy.
(C) Not more than 250 hours of experience administering tests and
evaluating psychological tests of clients, writing clinical reports,
writing progress notes, or writing process notes.
(D) Not more than 250 hours of verified attendance at workshops,
training sessions, or conferences directly related to professional
clinical counseling that are approved by the applicant's supervisor.
(c) No hours of clinical mental health experience may be gained
more than six years prior to the date the application for examination
eligibility was filed.
(d) 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.
(e) 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 clinical counseling. At no time shall a supervisor
supervise more than two interns.
(f) 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 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 in segments lasting no less than one continuous
hour.
(4) An intern working in a governmental entity, a school, a
college, or a university, or an institution that is both nonprofit
and charitable, may obtain up to 30 hours of the required weekly
direct supervisor contact via two-way, real-time videoconferencing.
The supervisor shall be responsible for ensuring that client
confidentiality is upheld.
4999.47. (a) Clinical 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) Clinical 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) Clinical 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
clinical 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) Clinical 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. Clinical 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 clinical 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 clinical
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 at least 3,000 hours of supervised
experience in the practice of professional clinical counseling as
provided in Section 4999.46.
(3) He or she provides evidence of a passing score, as determined
by the board, on examinations designated by the board pursuant to
Section 4999.52.
(b) An applicant who has satisfied the requirements of this
chapter shall be issued a license as a professional clinical
counselor in the form that the board may deem appropriate.
(c) The board shall begin accepting applications for examination
eligibility on January 1, 2012.
4999.51. To qualify for licensure as a professional clinical
counselor or registration as an intern, applicants shall meet the
board's regulatory requirements for professional clinical counselor
licensure or intern registration, as applicable, 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 or 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.
(c) The applicant has successfully passed a state and federal
level criminal offender record information search conducted through
the Department of Justice, as follows:
(1) The board shall direct applicants to electronically submit to
the Department of Justice fingerprint images and related information
required by the Department of Justice for the purpose of obtaining
information as to the existence and content of a record of state and
federal level convictions and arrests and information as to the
existence and content of a record of state or federal level arrests
for which the Department of Justice establishes that the person is
free on bail or on his or her own recognizance pending trial or
appeal.
(2) The Department of Justice shall forward the fingerprint images
and related information received pursuant to paragraph (1) to the
Federal Bureau of Investigation and request a federal summary for
criminal history information.
(3) The Department of Justice shall review the information
returned from the Federal Bureau of Investigation and compile and
disseminate a response to the board pursuant to paragraph (1) of
subdivision (p) of Section 11105 of the Penal Code.
(4) The board shall request from the Department of Justice
subsequent arrest notification service, pursuant to Section 11105.2
of the Penal Code, for each person who submitted information pursuant
to paragraph (1).
(5) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this section.
4999.52. (a) Except as provided in Sections 4999.54 and 4999.56,
every applicant for a license as a professional clinical counselor
shall be examined by the board. 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 clinical
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) The Department of Consumer Affairs' Office of Professional
Examination Services shall review the occupational analysis that was
used for developing the national examinations in order to determine
if it adequately describes the licensing group and adequately
determines the tasks, knowledge, skills, and abilities the licensed
professional clinical counselor would need to perform the functions
under this chapter.
(4) Examinations shall measure knowledge and abilities
demonstrably important to the safe, effective practice of the
profession.
(5) If national examinations do not meet the standards specified
in paragraph (2), the board may require a passing score on either of
the following:
(A) The national examinations plus one or more
board-developed examinations.
(B) One or more board-developed examinations.
(6) 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
application 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. (a) Notwithstanding Section 4999.50, the board may issue
a license to any person who submits an application for a license
between January 1, 2011, and June 30, 2011, 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:
(1) He or she meets all of the following requirements:
(A) 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 core content 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 pursuant to this chapter. A qualifying
degree must include the supervised practicum or field study
experience as required in paragraph (3) of subdivision (c) of Section
4999.32.
(i) A counselor educator whose degree contains at least seven of
the nine required core content areas shall be given credit for
coursework not contained in the degree if the counselor educator
provides documentation that he or she has taught the equivalent of
the required core content areas in a graduate program in counseling
or a related area.
(ii) Degrees issued prior to 1996 shall include a minimum of 30
semester units or 45 quarter units and at least six of the nine
required core content 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.
(iii) 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
core content areas specified in paragraph (1) of subdivision (c) of
Section 4999.32.
(B) Has completed all of the coursework or training specified in
subdivision (e) of Section 4999.32.
(C) Has at least two years, full-time or the equivalent, of
postdegree counseling experience, that includes at least 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.
(D) Has a passing score on the following examinations:
(i) The National Counselor Examination for Licensure and
Certification or the Certified Rehabilitation Counselor Examination.
(ii) The National Clinical Mental Health Counselor Examination.
(iii) A California jurisprudence and ethics examination, when
developed by the board.
(2) Is currently licensed as a marriage and family therapist in
the State of California, meets the coursework requirements described
in subparagraph (A) of paragraph (1), and passes the examination
described in subdivision (b).
(3) Is currently licensed as a clinical social worker in the State
of California, meets the coursework requirements described in
subparagraph (A) of paragraph (1), and passes the examination
described in subdivision (b).
(b) (1) The board and the Office of Professional Examination
Services shall jointly develop an examination on the differences, if
any differences exist, between the following:
(A) The practice of professional clinical counseling and the
practice of marriage and family therapy.
(B) The practice of professional clinical counseling and the
practice of clinical social work.
(2) If the board, in consultation with the Office of Professional
Examination Services, determines that an examination is necessary
pursuant to this subdivision, an applicant described in paragraphs
(2) and (3) of subdivision (a) shall pass the examination as a
condition of licensure.
(c) Nothing in this section shall be construed to expand or
constrict the scope of practice of professional clinical counseling,
as defined in Section 4999.20.
4999.56. (a) A license issued under paragraph (1) of subdivision
(a) of Section 4999.54 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
January 1, 2012, as required by the board pursuant to 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 paragraph (1) of 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,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
4999.58. (a) This section applies to persons who apply for
examination eligibility between January 1, 2011, and December 31,
2013, inclusive.
(b) The board may issue a license to a person who, at the time of
application, has held for at least two years, a valid license as a
professional clinical counselor, or other counseling license that
allows the applicant to independently provide clinical mental health
services, in another jurisdiction of the United States, if the
education and supervised experience requirements are substantially
the equivalent of this chapter, as described in subdivision (e) and
in Section 4999.46, the person complies with subdivision (b) of
Section 4999.40, if applicable, the person successfully completes the
examinations required by the board pursuant to paragraph (3) of
subdivision (a) of Section 4999.50, and the person pays the required
fees.
(c) Experience gained outside of California shall be accepted
toward the licensure requirements if it is substantially equivalent
to that required by this chapter and if the applicant has gained a
minimum of 250 hours of supervised clinical experience in direct
counseling within California while registered as an intern with the
board. The board shall consider hours of experience obtained in
another state during the six-year period immediately preceding the
applicant's initial licensure by that state as a licensed
professional clinical counselor.
(d) Education gained while residing outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to the education requirements of this chapter, if the
applicant has completed the training or coursework required under
subdivision (e) of Section 4999.32, and if the applicant completes,
in addition to the course described in subparagraph (I) of paragraph
(1) of subdivision (c) of Section 4999.32, an 18-hour course in
California law and professional ethics that includes, but is not
limited to, instruction in advertising, scope of practice, scope of
competence, treatment of minors, confidentiality, dangerous clients,
psychotherapist-client privilege, recordkeeping, client access to
records, the Health Insurance Portability and Accountability Act,
dual relationships, child abuse, elder and dependent adult abuse,
online therapy, insurance reimbursement, civil liability,
disciplinary actions and unprofessional conduct, ethics complaints
and ethical standards, termination of therapy, standards of care,
relevant family law, and therapist disclosures to clients.
(e) For purposes of this section, the board may, in its
discretion, accept education as substantially equivalent if the
applicant's education meets the requirements of Section 4999.32. If
the applicant's degree does not contain the content or the overall
units required by Section 4999.32, the board may, in its discretion,
accept the applicant's education as substantially equivalent if the
following criteria are satisfied:
(1) The applicant's degree contains the required number of
practicum units under paragraph (3) of subdivision (c) of Section
4999.32.
(2) The applicant remediates his or her specific deficiency by
completing the course content and units required by Section 4999.32.
(3) The applicant's degree otherwise complies with this section.
(f) This section shall become inoperative on January 1, 2014, and
as of that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2014, deletes or extends that date.
4999.60. (a) This section applies to persons who are licensed
outside of California and apply for examination eligibility on or
after January 1, 2014.
(b) The board may issue a license to a person who, at the time of
submitting an application for a license pursuant to this chapter,
holds a valid license as a professional clinical counselor, or other
counseling license that allows the applicant to independently provide
clinical mental health services, in another jurisdiction of the
United States if all of the following conditions are satisfied:
(1) The applicant's education is substantially equivalent, as
defined in Section 4999.62.
(2) The applicant complies with subdivision (b) of Section
4999.40, if applicable.
(3) The applicant's supervised experience is substantially
equivalent to that required for a license under this chapter. The
board shall consider hours of experience obtained outside of
California during the six-year period immediately preceding the date
the applicant initially obtained the license described above.
(4) The applicant passes the examinations required to obtain a
license under this chapter.
4999.61. (a) This section applies to persons who apply for
examination eligibility or registration on or after January 1, 2014,
and who do not hold a license as described in Section 4999.60.
(b) The board shall accept education gained while residing outside
of California for purposes of satisfying licensure or registration
requirements if the education is substantially equivalent, as defined
in Section 4999.62, and the applicant complies with subdivision (b)
of Section 4999.40, if applicable.
(c) The board shall accept experience gained outside of California
for purposes of satisfying licensure or registration requirements if
the experience is substantially equivalent to that required by this
chapter.
4999.62. (a) This section applies to persons who apply for
examination eligibility or registration on or after January 1, 2014.
(b) For purposes of Sections 4999.60 and 4999.61, education is
substantially equivalent if all of the following requirements are
met:
(1) The degree is obtained from an accredited or approved
institution, as defined in Section 4999.12, and consists of, at a
minimum, 48 semester or 72 quarter units, including, but not limited
to, both of the following:
(A) Six semester or nine quarter units of practicum, including,
but not limited to, a minimum of 280 hours of face-to-face
counseling.
(B) The required areas of study listed in subparagraphs (A) to
(M), inclusive, of paragraph (1) of subdivision (c) of Section
4999.33.
(2) The applicant completes any units and course content
requirements under Section 4999.33 not already completed in his or
her education.
(3) The applicant completes credit level coursework from a
degree-granting institution that provides all of the following:
(A) Instruction regarding the principles of mental health
recovery-oriented care and methods of service delivery in recovery
model practice environments.
(B) An understanding of various California cultures and the social
and psychological implications of socioeconomic position.
(C) Structured meeting with various consumers and family members
of consumers of mental health services to enhance understanding of
their experience of mental illness, treatment, and recovery.
(D) Instruction in behavioral addiction and co-occurring substance
abuse and mental health disorders, as specified in subparagraph (K)
of paragraph (1) of subdivision (c) of Section 4999.33.
(4) The applicant completes, in addition to the course described
in subparagraph (I) of paragraph (1) of subdivision (c) of Section
4999.33, an 18-hour course in California law and professional ethics
that includes, but is not limited to, instruction in advertising,
scope of practice, scope of competence, treatment of minors,
confidentiality, dangerous clients, psychotherapist-client privilege,
recordkeeping, client access to records, the Health Insurance
Portability and Accountability Act, dual relationships, child abuse,
elder and dependent adult abuse, online therapy, insurance
reimbursement, civil liability, disciplinary actions and
unprofessional conduct, ethics complaints and ethical standards,
termination of therapy, standards of care, relevant family law, and
therapist disclosures to clients.
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 clinical 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, of the
name and license designation of the owner or owners of the practice.
4999.74. Licensed professional clinical 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 clinical 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 paragraph (1) of 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 clinical counseling in the preceding year, as
determined by the board. This paragraph shall become inoperative on
January 1, 2018.
(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 clinical 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 clinical counseling.
(2) Significant recent developments in the discipline of
professional clinical counseling.
(3) Aspects of other disciplines that enhance the understanding or
the practice of professional clinical counseling.
(g) A system of continuing education for licensed professional
clinical 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 clinical 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 clinical 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 clinical counselor," "LPCC," "licensed clinical
counselor," or "professional clinical 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 clinical
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 a
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
that 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 clinical 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 clinical counseling
services.
(d) Gross negligence or incompetence in the performance of
licensed professional clinical 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 clinical counselor.
(l) Performing, or holding oneself out as being able to perform,
or offering to perform, or permitting any clinical 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 clinical
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 clinical
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 clinical counselor trainee or intern under one's
supervision or control to perform, or permitting the clinical
counselor trainee or intern to hold himself or herself out as
competent to perform, professional services beyond the clinical
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.
(z) (1) Engaging in an act described in Section 261, 286, 288a, or
289 of the Penal Code with a minor or an act described in Section
288 or 288.5 of the Penal Code regardless of whether the act occurred
prior to or after the time the registration or license was issued by
the board. An act described in this subdivision occurring prior to
the effective date of this subdivision shall constitute
unprofessional conduct and shall subject the licensee to refusal,
suspension, or revocation of a license under this section.
(2) The Legislature hereby finds and declares that protection of
the public, and in particular minors, from sexual misconduct by a
licensee is a compelling governmental interest, and that the ability
to suspend or revoke a license for sexual conduct with a minor
occurring prior to the effective date of this section is equally
important to protecting the public as is the ability to refuse a
license for sexual conduct with a minor occurring prior to the
effective date of this section.
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 paragraph (1) of 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 described in subdivision (a),
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, 2012.
(d) If a license issued under paragraph (1) of subdivision (a) of
Section 4999.54 is not renewed on or before the expiration date of
the license, the license shall be canceled 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,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
4999.102. (a) Licenses issued under Section 4999.50, paragraph
(2) or (3) of subdivision (a) of Section 4999.54, subdivision (b) of
Section 4999.58, or Section 4999.60 and, on and after January 1,
2018, licenses issued under paragraph (1) of 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 described in subdivision (a),
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, paragraph (2) or
(3) of subdivision (a) of Section 4999.54, subdivision (b) of
Section 4999.58, or Section 4999.60 and, on and after January 1,
2018, licenses issued under paragraph (1) of 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 described in
this section, 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 clinical 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 clinical 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. Fees assessed pursuant to this section shall
not exceed the following:
(a) The fee for the application for examination eligibility shall
be up to two hundred fifty dollars ($250).
(b) The fee for the application for intern registration shall be
up to one hundred fifty dollars ($150).
(c) The fee for the application for licensure shall be up to one
hundred eighty dollars ($180).
(d) The fee for the jurisprudence and ethics examination required
by Section 4999.54 shall be up to one hundred fifty dollars ($150).
(e) The fee for the examination described in subdivision (b) of
Section 4999.54 shall be up to one hundred dollars ($100).
(f) The fee for the written examination shall be up to two hundred
fifty dollars ($250).
(g) The fee for the issuance of a license shall be up to two
hundred fifty dollars ($250).
(h) The fee for annual renewal of licenses issued pursuant to
Section 4999.54 shall be up to one hundred fifty dollars ($150).
(i) The fee for annual renewal of an intern registration shall be
up to one hundred fifty dollars ($150).
(j) The fee for two-year renewal of licenses shall be up to two
hundred fifty dollars ($250).
4999.122. The professional clinical 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 implement this chapter until funds have been
appropriated.
SEC. 4. 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.