BILL NUMBER: SB 1489 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 26, 2010
AMENDED IN SENATE APRIL 5, 2010
INTRODUCED BY Committee on Business, Professions and Economic
Development (Senators Negrete McLeod (Chair), Aanestad, Calderon,
Correa, Florez, Oropeza, Walters, Wyland, and Yee)
MARCH 11, 2010
An act to amend Sections 2065, 2096, 2102, 2103, 2177, 2184,
2516 , 2570.19, 3025.1, 3046, 3057.5, 3147, 3147.6, 3147.7,
4017, 4028, 4037, 4052.3, 4059, 4072, 4101, 4119, 4127.1, 4169, 4181,
4191, 4196, 4425, 4426, 4980.40.5, 4980.43, 4980.80, 4982.25,
4984.8, 4989.54, 4990.02, 4990.12, 4990.18, 4990.22, 4990.30,
4990.38, 4992.36, 4996.17, 4996.23, 4999.46, 4999.58, and 4999.90 of,
to add Section 4200.1 to, to add and repeal Sections 4999.57 and
4999.59 of, to repeal Sections 2026, 4980.07, 4982.2, and 4984.6 of,
and to repeal Article 3 (commencing with Section 4994) of Chapter 14
of Division 2 of, the Business and Professions Code, relating to
healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1489, as amended, Committee on Business, Professions and
Economic Development. Healing arts.
(1) Existing law, the Medical Practice Act, provides for the
licensure and regulation of physicians and surgeons by the Medical
Board of California. Existing
law requires an applicant for a physician's and surgeon's
certificate whose professional instruction was acquired in a country
other than the United States or Canada to provide evidence
satisfactory to the board of, among other things, satisfactory
completion of at least one year of specified postgraduate training.
(1) Existing law, the Medical Practice Act, provides for the
licensure and regulation of physicians and surgeons by the Medical
Board of California. Existing law requires an applicant for a
physician's and surgeon's certificate whose professional instruction
was acquired in a country other than the United States or Canada to
provide evidence satisfactory to the board of, among other things,
satisfactory completion of at least one year of specified
postgraduate training.
This bill would require the applicant to instead complete at least
2 years of that postgraduate training.
Existing law requires an applicant for a physician's and surgeon's
certificate to obtain a passing score on the written examination
designated by the board and makes passing scores on a written
examination valid for 10 years from the month of the examination for
purposes of qualification for a license. Existing law authorizes the
board to extend this period of validity for good cause or for time
spent in a postgraduate training program.
This bill would limit this 10-year period of validity to passing
scores obtained on Step 3 of the United States Medical Licensing
Examination and would also authorize the board to extend that period
for applicants who hold a valid, unlimited license as a physician and
surgeon in another state or a Canadian province and have actively
practiced medicine in that state or province.
Existing law requires a licensed midwife who assists in
childbirths that occur in out-of-hospital settings to annually report
specified information to the Office of Statewide Health Planning and
Development in March and requires the office to report to the
Medical Board of California licensee compliance with that requirement
every April and the aggregate information collected every July.
This bill would require those annual reports to be made by March
30, April 30, and July 30, respectively, and would make additional
changes to the information required to be reported by a midwife with
regard to cases in California.
(2) Existing law, the Optometry Practice Act, provides for the
licensure and regulation of optometrists by the State Board of
Optometry. Existing law authorizes the renewal of an expired license
within 3 years after its expiration if the licensee files an
application for renewal and pays all accrued and unpaid renewal fees
and the delinquency fee prescribed by the board.
This bill would also require the licensee to submit proof of
completion of the required hours of continuing education for the last
2 years.
Existing law authorizes the restoration of a license that is not
renewed within 3 years after its expiration if the holder of the
expired license, among other requirements, passes the clinical
portion of the regular examination of applicants, or other clinical
examination approved by the board, and pays a restoration fee equal
to the renewal fee in effect on the last regular renewal date for
licenses.
This bill would instead require the holder of the expired license
to take the National Board of Examiners in Optometry's Clinical
Skills examination, or other clinical examination approved by the
board, and to also pay any delinquency fees prescribed by the board.
Existing law alternatively authorizes the restoration of a license
that is not renewed within 3 years after its expiration if the
person provides proof that he or she holds an active license from
another state, files an application for renewal, and pays the accrued
and unpaid renewal fees and the delinquency fee prescribed by the
board.
This bill would also require the person to submit proof of
completion of the required hours of continuing education for the last
2 years and take and satisfactorily pass the board's jurisprudence
examination. The bill would also require that the person not have
committed specified crimes or acts constituting grounds for licensure
denial.
(3) Existing law, the Pharmacy Law, provides for the licensure and
regulation of pharmacists by the California State Board of Pharmacy
and requires an applicant for a license to pass a national licensure
examination and the board's jurisprudence examination. Existing law
prohibits boards in the Department of Consumer Affairs from
restricting an applicant who failed a licensure examination from
taking the examination again, except as specified.
This bill would authorize an applicant for a pharmacist license to
take the licensure examination and the jurisprudence examination 4
times each. The bill would also authorize the applicant to take those
examinations 4 additional times each if additional pharmacy
coursework is completed, as specified.
(4) Existing law provides for the licensure and regulation of
marriage and family therapists, licensed clinical social workers,
educational psychologists, and professional clinical counselors by
the Board of Behavioral Sciences. Existing law authorizes a licensed
marriage and family therapist, licensed clinical social worker, or
licensed educational psychologist whose license has been revoked,
suspended, or placed on probation to petition the board for
reinstatement or modification of the penalty, as specified. Existing
law also authorizes the board to deny an application or suspend or
revoke those licenses due to the revocation, suspension, or
restriction by the board of a license to practice as a clinical
social worker, marriage and family therapist, or educational
psychologist.
This bill would make those provisions apply with respect to
licensed professional clinical counseling, as specified.
Existing law requires an applicant applying for a marriage and
family therapist license to complete a minimum of 3,000 hours of
experience during a period of at least 104 weeks. Existing law
requires that this experience consist of at least 500 hours of
experience in diagnosing and treating couples, families, and
children, and requires that an applicant be credited with 2 hours of
experience for each hour of therapy provided for the first 150 hours
of treating couples and families in conjoint therapy.
This bill would instead require that an applicant receive that
2-hour credit for up to 150 hours of treating couples and families in
conjoint therapy.
Existing law requires an applicant for a professional clinical
counselor license to complete a minimum of 3,000 hours of clinical
mental health experience under the supervision of an approved
supervisor and prohibits a supervisor from supervising more than 2
interns.
This bill would prohibit the board from crediting an applicant for
experience obtained under the supervision of a spouse or relative by
blood or marriage, or a person with whom the applicant has had or
currently has a personal, professional, or business relationship that
undermines the authority or effectiveness of the supervision. The
bill would also delete the provision prohibiting a supervisor from
supervising more than 2 interns.
Existing law requires an intern to receive an average of at least
one hour of direct supervisor contact for every 10 hours of client
contact in each setting and authorizes an intern working in a
governmental entity, a school, college, or university, or a nonprofit
and charitable institution to obtain up to 30 hours of the required
weekly direct supervisor contract via two-way, real time
videoconferencing.
This bill would delete that 30-hour limit and would require an
intern to receive at least one additional hour of direct supervisor
contact for every week in which more than 10 hours of face-to-face
psychotherapy, as defined, is performed in each setting in which
experience is obtained.
Existing law imposes specified requirements with respect to
persons who apply for a professional clinical counselor license
between January 1, 2011, and December 31, 2013, inclusive. With
respect to those applicants, existing law authorizes the board to
accept experience gained outside of California if it is substantially
equivalent to that required by the Licensed Professional Clinical
Counselor Act and if the applicant has gained a minimum of 250 hours
of supervised clinical experience in direct counseling in California
while registered as an intern with the board.
This bill would eliminate that 250-hour requirement with respect
to persons with a counseling license in another jurisdiction, as
specified, who have held that license for at least 2 years
immediately prior to applying with the board.
Existing law authorizes the board to refuse to issue or suspend or
revoke a professional clinical counselor license or intern
registration if the licensee or registrant has been guilty of
unprofessional conduct, as specified.
This bill would specify that unprofessional conduct includes (1)
engaging in conduct that subverts a licensing examination, (2)
revocation, suspension, or restriction by the board of a license to
practice as a clinical social worker, educational psychologist, or
marriage and family therapist, and (3) conduct in the supervision of
an associate clinical social worker that violates the profession's
governing professional clinical counseling or regulations of the
board.
The bill would make other technical, nonsubstantive changes in
various provisions governing the healing arts and would delete
certain obsolete and duplicative language.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2026 of the Business and Professions Code is
repealed.
SEC. 2. Section 2065 of the Business and Professions Code is
amended to read:
2065. Unless otherwise provided by law, no postgraduate trainee,
intern, resident, postdoctoral fellow, or instructor may engage in
the practice of medicine, or receive compensation therefor, or offer
to engage in the practice of medicine unless he or she holds a valid,
unrevoked, and unsuspended physician's and surgeon's certificate
issued by the board. However, a graduate of an approved medical
school, who is registered with the board and who is enrolled in a
postgraduate training program approved by the board, may engage in
the practice of medicine whenever and wherever required as a part of
the program under the following conditions:
(a) A graduate enrolled in an approved first-year postgraduate
training program may so engage in the practice of medicine for a
period not to exceed one year whenever and wherever required as a
part of the training program, and may receive compensation for that
practice.
(b) A graduate who has completed the first year of postgraduate
training may, in an approved residency or fellowship, engage in the
practice of medicine whenever and wherever required as part of that
residency or fellowship, and may receive compensation for that
practice. The resident or fellow shall qualify for, take, and pass
the next succeeding written examination for licensure, or shall
qualify for and receive a physician's and surgeon's certificate by
one of the other methods specified in this chapter. If the resident
or fellow fails to receive a license to practice medicine under this
chapter within one year from the commencement of the residency or
fellowship or if the board denies his or her application for
licensure, all privileges and exemptions under this section shall
automatically cease.
SEC. 3. Section 2096 of the Business and Professions Code is
amended to read:
2096. (a) In addition to other requirements of this chapter,
before a physician's and surgeon's license may be issued, each
applicant, including an applicant applying pursuant to Article 5
(commencing with Section 2100), except as provided in subdivision
(b), shall show by evidence satisfactory to the board that he or she
has satisfactorily completed at least one year of postgraduate
training.
(b) An applicant applying pursuant to Section 2102 shall show by
evidence satisfactory to the board that he or she has satisfactorily
completed at least two years of postgraduate training.
(c) The postgraduate training required by this section shall
include at least four months of general medicine and shall be
obtained in a postgraduate training program approved by the
Accreditation Council for Graduate Medical Education (ACGME) or the
Royal College of Physicians and Surgeons of Canada (RCPSC).
(d) The amendments made to this section at the 1987 portion of the
1987-88 session of the Legislature shall not apply to applicants who
completed their one year of postgraduate training on or before July
1, 1990.
SEC. 4. Section 2102 of the Business and Professions Code is
amended to read:
2102. An applicant whose professional instruction was acquired in
a country other than the United States or Canada shall provide
evidence satisfactory to the board of compliance with the following
requirements to be issued a physician's and surgeon's certificate:
(a) Completion in a medical school or schools of a resident course
of professional instruction equivalent to that required by Section
2089 and issuance to the applicant of a document acceptable to the
board that shows final and successful completion of the course.
However, nothing in this section shall be construed to require the
board to evaluate for equivalency any coursework obtained at a
medical school disapproved by the board pursuant to this section.
(b) Certification by the Educational Commission for Foreign
Medical Graduates, or its equivalent, as determined by the board.
This subdivision shall apply to all applicants who are subject to
this section and who have not taken and passed the written
examination specified in subdivision (d) prior to June 1, 1986.
(c) Satisfactory completion of the postgraduate training required
under subdivision (b) of Section 2096. An applicant shall be required
to have substantially completed the professional instruction
required in subdivision (a) and shall be required to make application
to the board and have passed steps 1 and 2 of the written
examination relating to biomedical and clinical sciences prior to
commencing any postgraduate training in this state. In its
discretion, the board may authorize an applicant who is deficient in
any education or clinical instruction required by Sections 2089 and
2089.5 to make up any deficiencies as a part of his or her
postgraduate training program, but that remedial training shall be in
addition to the postgraduate training required for licensure.
(d) Passage of the written examination as provided under Article 9
(commencing with Section 2170). An applicant shall be required to
meet the requirements specified in subdivision (b) prior to being
admitted to the written examination required by this subdivision.
(e) Nothing in this section prohibits the board from disapproving
a foreign medical school or from denying an application if, in the
opinion of the board, the professional instruction provided by the
medical school or the instruction received by the applicant is not
equivalent to that required in Article 4 (commencing with Section
2080).
SEC. 5. Section 2103 of the Business and Professions Code is
amended to read:
2103. An applicant who is a citizen of the United States shall be
eligible for a physician's and surgeon's certificate if he or she
has completed the following requirements:
(a) Submitted official evidence satisfactory to the board of
completion of a resident course or professional instruction
equivalent to that required in Section 2089 in a medical school
located outside the United States or Canada. However, nothing in this
section shall be construed to require the board to evaluate for
equivalency any coursework obtained at a medical school disapproved
by the board pursuant to Article 4 (commencing with Section 2080).
(b) Submitted official evidence satisfactory to the board of
completion of all formal requirements of the medical school for
graduation, except the applicant shall not be required to have
completed an internship or social service or be admitted or licensed
to practice medicine in the country in which the professional
instruction was completed.
(c) Attained a score satisfactory to an approved medical school on
a qualifying examination acceptable to the board.
(d) Successfully completed one academic year of supervised
clinical training in a program approved by the board pursuant to
Section 2104. The board shall also recognize as compliance with this
subdivision the successful completion of a one-year supervised
clinical medical internship operated by a medical school pursuant to
Chapter 85 of the Statutes of 1972 and as amended by Chapter 888 of
the Statutes of 1973 as the equivalent of the year of supervised
clinical training required by this section.
(1) Training received in the academic year of supervised clinical
training approved pursuant to Section 2104 shall be considered as
part of the total academic curriculum for purposes of meeting the
requirements of Sections 2089 and 2089.5.
(2) An applicant who has passed the basic science and English
language examinations required for certification by the Educational
Commission for Foreign Medical Graduates may present evidence of
those passing scores along with a certificate of completion of one
academic year of supervised clinical training in a program approved
by the board pursuant to Section 2104 in satisfaction of the formal
certification requirements of subdivision (b) of Section 2102.
(e) Satisfactorily completed the postgraduate training required
under Section 2096.
(f) Passed the written examination required for certification as a
physician and surgeon under this chapter.
SEC. 6. Section 2177 of the Business and Professions Code is
amended to read:
2177. (a) A passing score is required for an entire examination
or for each part of an examination, as established by resolution of
the board.
(b) Applicants may elect to take the written examinations
conducted or accepted by the board in separate parts.
(c) (1) An applicant shall have obtained a passing score on Step 3
of the United States Medical Licensing Examination within not more
than four attempts in order to be eligible for a physician's and
surgeon's certificate.
(2) Notwithstanding paragraph (1), an applicant who obtains a
passing score on Step 3 of the United States Medical Licensing
Examination in more than four attempts and who meets the requirements
of Section 2135.5 shall be eligible to be considered for issuance of
a physician's and surgeon's certificate.
SEC. 7. Section 2184 of the Business and Professions Code is
amended to read:
2184. (a) Each applicant shall obtain on the written examination
a passing score, established by the board pursuant to Section 2177.
(b) (1) Passing scores on Step 3 of the United States Medical
Licensing Examination shall be valid for a period of 10 years from
the month of the examination for purposes of qualification for
licensure in California.
(2) The period of validity provided for in paragraph (1) may be
extended by the board for any of the following:
(A) For good cause.
(B) For time spent in a postgraduate training program, including,
but not limited to, residency training, fellowship training, remedial
or refresher training, or other training that is intended to
maintain or improve medical skills.
(C) For an applicant who holds a valid, unlimited license as a
physician and surgeon in another state or a Canadian province and has
actively practiced medicine in that state or province.
(3) Upon expiration of the 10-year period plus any extension
granted by the board under paragraph (2), the applicant shall pass
the Special Purpose Examination of the Federation of State Medical
Boards or a clinical competency written examination determined by the
board to be equivalent.
SEC. 8. Section 2516 of the Business
and Professions Code is amended to read:
2516. (a) Each licensed midwife who assists, or supervises a
student midwife in assisting, in childbirth that occurs in an
out-of-hospital setting shall annually report to the Office of
Statewide Health Planning and Development. The report shall be
submitted in March no later than March 30
, with the first report due in March 2008, for the prior
calendar year, in a form specified by the board and shall contain all
of the following:
(1) The midwife's name and license number.
(2) The calendar year being reported.
(3) The following information with regard to cases in
California in which the midwife, or the student midwife
supervised by the midwife, assisted during the previous year when the
intended place of birth at the onset of care was an out-of-hospital
setting:
(A) The total number of clients served as primary caregiver at the
onset of care.
(B) The total number of clients served with collaborative care
available through, or given by, a licensed physician and surgeon.
(C) The total number of clients served under the supervision of a
licensed physician and surgeon.
(D) The number by county of live births attended as primary
caregiver.
(E) The number, by county, of cases of fetal demise , infant
deaths, and maternal deaths attended as primary caregiver at
the discovery of the demise or death .
(F) The number of women whose primary care was transferred to
another health care practitioner during the antepartum period, and
the reason for each transfer.
(G) The number, reason, and outcome for each elective hospital
transfer during the intrapartum or postpartum period.
(H) The number, reason, and outcome for each urgent or emergency
transport of an expectant mother in the antepartum period.
(I) The number, reason, and outcome for each urgent or emergency
transport of an infant or mother during the intrapartum or immediate
postpartum period.
(J) The number of planned out-of-hospital births at the onset of
labor and the number of births completed in an out-of-hospital
setting.
(K) The number of planned out-of-hospital births completed in an
out-of-hospital setting that were any of the following:
(i) Twin births.
(ii) Multiple births other than twin births.
(iii) Breech births.
(iv) Vaginal births after the performance of a cesarean section.
(L) A brief description of any complications resulting in the
morbidity or mortality of a mother or an infant.
(M) Any other information prescribed by the board in regulations.
(b) The Office of Statewide Health Planning and Development shall
maintain the confidentiality of the information submitted pursuant to
this section, and shall not permit any law enforcement or regulatory
agency to inspect or have copies made of the contents of any reports
submitted pursuant to subdivision (a) for any purpose, including,
but not limited to, investigations for licensing, certification, or
regulatory purposes.
(c) The office shall report to the board, by April 30 ,
those licensees who have met the requirements of subdivision (a) for
that year.
(d) The board shall send a written notice of noncompliance to each
licensee who fails to meet the reporting requirement of subdivision
(a). Failure to comply with subdivision (a) will result in the
midwife being unable to renew his or her license without first
submitting the requisite data to the Office of Statewide Health
Planning and Development for the year for which that data was missing
or incomplete. The board shall not take any other action against the
licensee for failure to comply with subdivision (a).
(e) The board, in consultation with the office and the Midwifery
Advisory Council, shall devise a coding system related to data
elements that require coding in order to assist in both effective
reporting and the aggregation of data pursuant to subdivision (f).
The office shall utilize this coding system in its processing of
information collected for purposes of subdivision (f).
(f) The office shall report the aggregate information collected
pursuant to this section to the board by July 30 of each
year. The board shall include this information in its annual report
to the Legislature.
(g) Notwithstanding any other provision of law, a violation of
this section shall not be a crime.
SEC. 8. SEC. 9. Section 2570.19 of
the Business and Professions Code is amended to read:
2570.19. (a) There is hereby created a California Board of
Occupational Therapy, hereafter referred to as the board. The board
shall enforce and administer this chapter.
(b) The members of the board shall consist of the following:
(1) Three occupational therapists who shall have practiced
occupational therapy for five years.
(2) One occupational therapy assistant who shall have assisted in
the practice of occupational therapy for five years.
(3) Three public members who shall not be licentiates of the board
or of any board referred to in Section 1000 or 3600.
(c) The Governor shall appoint the three occupational therapists
and one occupational therapy assistant to be members of the board.
The Governor, the Senate Committee on Rules, and the Speaker of the
Assembly shall each appoint a public member. Not more than one member
of the board shall be appointed from the full-time faculty of any
university, college, or other educational institution.
(d) All members shall be residents of California at the time of
their appointment. The occupational therapist and occupational
therapy assistant members shall have been engaged in rendering
occupational therapy services to the public, teaching, or research in
occupational therapy for at least five years preceding their
appointments.
(e) The public members may not be or have ever been occupational
therapists or occupational therapy assistants or in training to
become occupational therapists or occupational therapy assistants.
The public members may not be related to, or have a household member
who is, an occupational therapist or an occupational therapy
assistant, and may not have had, within two years of the appointment,
a substantial financial interest in a person regulated by the board.
(f) The Governor shall appoint two board members for a term of one
year, two board members for a term of two years, and one board
member for a term of three years. Appointments made thereafter shall
be for four-year terms, but no person shall be appointed to serve
more than two consecutive terms. Terms shall begin on the first day
of the calendar year and end on the last day of the calendar year or
until successors are appointed, except for the first appointed
members who shall serve through the last calendar day of the year in
which they are appointed, before commencing the terms prescribed by
this section. Vacancies shall be filled by appointment for the
unexpired term. The board shall annually elect one of its members as
president.
(g) The board shall meet and hold at least one regular meeting
annually in the Cities of Sacramento, Los Angeles, and San Francisco.
The board may convene from time to time until its business is
concluded. Special meetings of the board may be held at any time and
place designated by the board.
(h) Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
(i) Members of the board shall receive no compensation for their
services, but shall be entitled to reasonable travel and other
expenses incurred in the execution of their powers and duties in
accordance with Section 103.
(j) The appointing power shall have the power to remove any member
of the board from office for neglect of any duty imposed by state
law, for incompetency, or for unprofessional or dishonorable conduct.
(k) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute that
is enacted before January 1, 2014, deletes or extends the dates on
which it becomes inoperative and is repealed. The repeal of this
section renders the board subject to the review required by Division
1.2 (commencing with Section 473).
SEC. 9. SEC. 10. Section 3025.1 of
the Business and Professions Code is amended to read:
3025.1. The board may adopt rules and regulations that are, in
its judgment, reasonable and necessary to ensure that optometrists
have the knowledge to adequately protect the public health and safety
by establishing educational requirements for admission to the
examinations for licensure.
SEC. 10. SEC. 11. Section 3046 of
the Business and Professions Code is amended to read:
3046. In order to obtain a license to practice optometry in
California, an applicant shall have graduated from an accredited
school of optometry, passed the required examinations for licensure,
and not have met any of the grounds for denial established in Section
480. The proceedings under this section shall be in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
SEC. 11. SEC. 12. Section 3057.5 of
the Business and Professions Code is amended to read:
3057.5. Notwithstanding any other provision of this chapter, the
board shall permit a person who meets all of the following
requirements to take the examinations for a certificate of
registration as an optometrist:
(a) Is over the age of 18 years.
(b) Is not subject to denial of a certificate under Section 480.
(c) Has a degree as a doctor of optometry issued by a university
located outside of the United States.
SEC. 12. SEC. 13. Section 3147 of
the Business and Professions Code is amended to read:
3147. Except as otherwise provided by Section 114, an expired
license may be renewed at any time within three years after its
expiration by filing an application for renewal on a form prescribed
by the board, paying all accrued and unpaid renewal fees, paying any
delinquency fees prescribed by the board, and submitting proof of
completion of the required number of hours of continuing education
for the last two years, as prescribed by the board pursuant to
Section 3159. Renewal under this section shall be effective on the
date on which all of those requirements are satisfied. If so renewed,
the license shall continue as provided in Sections 3146 and 3147.5.
SEC. 13. SEC. 14. Section 3147.6 of
the Business and Professions Code is amended to read:
3147.6. Except as otherwise provided by Section 114, a license
that is not renewed within three years after its expiration may be
restored thereafter, if no fact, circumstance, or condition exists
that, if the license were restored, would justify its revocation or
suspension, provided all of the following conditions are met:
(a) The holder of the expired license is not subject to denial of
a license under Section 480.
(b) The holder of the expired license applies in writing for its
restoration on a form prescribed by the board.
(c) The holder of the expired license pays the fee or fees as
would be required of him or her if he or she were then applying for a
license for the first time.
(d) The holder of the expired license satisfactorily passes both
of the following examinations:
(1) The National Board of Examiners in Optometry's Clinical Skills
examination or other clinical examination approved by the board.
(2) The board's jurisprudence examination.
(e) After taking and satisfactorily passing the examinations
identified in subdivision (d), the holder of the expired license pays
a restoration fee equal to the sum of the license renewal fee in
effect on the last regular renewal date for licenses and any
delinquency fees prescribed by the board.
SEC. 14. SEC. 15. Section 3147.7 of
the Business and Professions Code is amended to read:
3147.7. The provisions of Section 3147.6 shall not apply to a
person holding a license that has not been renewed within three years
of expiration, if the person provides satisfactory proof that he or
she holds an active license from another state and meets all of the
following conditions:
(a) Is not subject to denial of a license under Section 480.
(b) Applies in writing for restoration of the license on a form
prescribed by the board.
(c) Pays all accrued and unpaid renewal fees and any delinquency
fees prescribed by the board.
(d) Submits proof of completion of the required number of hours of
continuing education for the last two years.
(e) Takes and satisfactorily passes the board's jurisprudence
examination.
SEC. 15. SEC. 16. Section 4017 of
the Business and Professions Code is amended to read:
4017. "Authorized officers of the law" means inspectors of the
California State Board of Pharmacy, inspectors of the Food and Drug
Branch of the State Department of Public Health, and investigators of
the department's Division of Investigation or peace officers engaged
in official investigations.
SEC. 16. SEC. 17. Section 4028 of
the Business and Professions Code is amended to read:
4028. "Licensed hospital" means an institution, place, building,
or agency that maintains and operates organized facilities for one or
more persons for the diagnosis, care, and treatment of human
illnesses to which persons may be admitted for overnight stay, and
includes any institution classified under regulations issued by the
State Department of Public Health as a general or specialized
hospital, as a maternity hospital, or as a tuberculosis hospital, but
does not include a sanitarium, rest home, a nursing or convalescent
home, a maternity home, or an institution for treating alcoholics.
SEC. 17. SEC. 18. Section 4037 of
the Business and Professions Code is amended to read:
4037. (a) "Pharmacy" means an area, place, or premises licensed
by the board in which the profession of pharmacy is practiced and
where prescriptions are compounded. "Pharmacy" includes, but is not
limited to, any area, place, or premises described in a license
issued by the board wherein controlled substances, dangerous drugs,
or dangerous devices are stored, possessed, prepared, manufactured,
derived, compounded, or repackaged, and from which the controlled
substances, dangerous drugs, or dangerous devices are furnished,
sold, or dispensed at retail.
(b) "Pharmacy" shall not include any area in a facility licensed
by the State Department of Public Health where floor supplies, ward
supplies, operating room supplies, or emergency room supplies of
dangerous drugs or dangerous devices are stored or possessed solely
for treatment of patients registered for treatment in the facility or
for treatment of patients receiving emergency care in the facility.
SEC. 18. SEC. 19. Section 4052.3 of
the Business and Professions Code is amended to read:
4052.3. (a) Notwithstanding any other provision of law, a
pharmacist may furnish emergency contraception drug therapy in
accordance with either of the following:
(1) Standardized procedures or protocols developed by the
pharmacist and an authorized prescriber who is acting within his or
her scope of practice.
(2) Standardized procedures or protocols developed and approved by
both the board and the Medical Board of California in consultation
with the American College of Obstetricians and Gynecologists, the
California Pharmacist Association, and other appropriate entities.
Both the board and the Medical Board of California shall have
authority to ensure compliance with this clause, and both boards are
specifically charged with the enforcement of this provision with
respect to their respective licensees. Nothing in this clause shall
be construed to expand the authority of a pharmacist to prescribe any
prescription medication.
(b) Prior to performing a procedure authorized under this
paragraph, a pharmacist shall complete a training program on
emergency contraception that consists of at least one hour of
approved continuing education on emergency contraception drug
therapy.
(c) A pharmacist, pharmacist's employer, or pharmacist's agent may
not directly charge a patient a separate consultation fee for
emergency contraception drug
therapy services initiated pursuant to this paragraph, but may
charge an administrative fee not to exceed ten dollars ($10) above
the retail cost of the drug. Upon an oral, telephonic, electronic, or
written request from a patient or customer, a pharmacist or
pharmacist's employee shall disclose the total retail price that a
consumer would pay for emergency contraception drug therapy. As used
in this subparagraph, total retail price includes providing the
consumer with specific information regarding the price of the
emergency contraception drugs and the price of the administrative fee
charged. This limitation is not intended to interfere with other
contractually agreed-upon terms between a pharmacist, a pharmacist's
employer, or a pharmacist's agent, and a health care service plan or
insurer. Patients who are insured or covered and receive a pharmacy
benefit that covers the cost of emergency contraception shall not be
required to pay an administrative fee. These patients shall be
required to pay copayments pursuant to the terms and conditions of
their coverage. The provisions of this subparagraph shall cease to be
operative for dedicated emergency contraception drugs when these
drugs are reclassified as over-the-counter products by the federal
Food and Drug Administration.
(d) A pharmacist may not require a patient to provide individually
identifiable medical information that is not specified in Section
1707.1 of Title 16 of the California Code of Regulations before
initiating emergency contraception drug therapy pursuant to this
section.
(e) For each emergency contraception drug therapy initiated
pursuant to this section, the pharmacist shall provide the recipient
of the emergency contraception drugs with a standardized factsheet
that includes, but is not limited to, the indications for use of the
drug, the appropriate method for using the drug, the need for medical
followup, and other appropriate information. The board shall develop
this form in consultation with the State Department of Public
Health, the American College of Obstetricians and Gynecologists, the
California Pharmacists Association, and other health care
organizations. The provisions of this section do not preclude the use
of existing publications developed by nationally recognized medical
organizations.
SEC. 19. SEC. 20. Section 4059 of
the Business and Professions Code is amended to read:
4059. (a) A person may not furnish any dangerous drug, except
upon the prescription of a physician, dentist, podiatrist,
optometrist, veterinarian, or naturopathic doctor pursuant to Section
3640.7. A person may not furnish any dangerous device, except upon
the prescription of a physician, dentist, podiatrist, optometrist,
veterinarian, or naturopathic doctor pursuant to Section 3640.7.
(b) This section does not apply to the furnishing of any dangerous
drug or dangerous device by a manufacturer, wholesaler, or pharmacy
to each other or to a physician, dentist, podiatrist, optometrist,
veterinarian, or naturopathic doctor pursuant to Section 3640.7, or
to a laboratory under sales and purchase records that correctly give
the date, the names and addresses of the supplier and the buyer, the
drug or device, and its quantity. This section does not apply to the
furnishing of any dangerous device by a manufacturer, wholesaler, or
pharmacy to a physical therapist acting within the scope of his or
her license under sales and purchase records that correctly provide
the date the device is provided, the names and addresses of the
supplier and the buyer, a description of the device, and the quantity
supplied.
(c) A pharmacist, or a person exempted pursuant to Section 4054,
may distribute dangerous drugs and dangerous devices directly to
dialysis patients pursuant to regulations adopted by the board. The
board shall adopt any regulations as are necessary to ensure the safe
distribution of these drugs and devices to dialysis patients without
interruption thereof. A person who violates a regulation adopted
pursuant to this subdivision shall be liable upon order of the board
to surrender his or her personal license. These penalties shall be in
addition to penalties that may be imposed pursuant to Section 4301.
If the board finds any dialysis drugs or devices distributed pursuant
to this subdivision to be ineffective or unsafe for the intended
use, the board may institute immediate recall of any or all of the
drugs or devices distributed to individual patients.
(d) Home dialysis patients who receive any drugs or devices
pursuant to subdivision (c) shall have completed a full course of
home training given by a dialysis center licensed by the State
Department of Public Health. The physician prescribing the dialysis
products shall submit proof satisfactory to the manufacturer or
wholesaler that the patient has completed the program.
(e) A pharmacist may furnish a dangerous drug authorized for use
pursuant to Section 2620.3 to a physical therapist. A record
containing the date, name and address of the buyer, and name and
quantity of the drug shall be maintained. This subdivision shall not
be construed to authorize the furnishing of a controlled substance.
(f) A pharmacist may furnish electroneuromyographic needle
electrodes or hypodermic needles used for the purpose of placing wire
electrodes for kinesiological electromyographic testing to physical
therapists who are certified by the Physical Therapy Board of
California to perform tissue penetration in accordance with Section
2620.5.
(g) Nothing in this section shall be construed as permitting a
licensed physical therapist to dispense or furnish a dangerous device
without a prescription of a physician, dentist, podiatrist,
optometrist, or veterinarian.
(h) A veterinary food-animal drug retailer shall dispense,
furnish, transfer, or sell veterinary food-animal drugs only to
another veterinary food-animal drug retailer, a pharmacy, a
veterinarian, or to a veterinarian's client pursuant to a
prescription from the veterinarian for food-producing animals.
SEC. 20. SEC. 21. Section 4072 of
the Business and Professions Code is amended to read:
4072. (a) Notwithstanding any other provision of law, a
pharmacist, registered nurse, licensed vocational nurse, licensed
psychiatric technician, or other healing arts licentiate, if so
authorized by administrative regulation, who is employed by or serves
as a consultant for a licensed skilled nursing, intermediate care,
or other health care facility, may orally or electronically transmit
to the furnisher a prescription lawfully ordered by a person
authorized to prescribe drugs or devices pursuant to Sections 4040
and 4070. The furnisher shall take appropriate steps to determine
that the person who transmits the prescription is authorized to do so
and shall record the name of the person who transmits the order.
This section shall not apply to orders for Schedule II controlled
substances.
(b) In enacting this section, the Legislature recognizes and
affirms the role of the State Department of Public Health in
regulating drug order processing requirements for licensed health
care facilities as set forth in Title 22 of the California Code of
Regulations as they may be amended from time to time.
SEC. 21. SEC. 22. Section 4101 of
the Business and Professions Code is amended to read:
4101. (a) A pharmacist may take charge of and act as the
pharmacist-in-charge of a pharmacy upon application by the pharmacy
and approval by the board. Any pharmacist-in-charge who ceases to act
as the pharmacist-in-charge of the pharmacy shall notify the board
in writing within 30 days of the date of that change in status.
(b) A designated representative or a pharmacist may take charge
of, and act as, the designated representative-in-charge of a
wholesaler or veterinary food-animal drug retailer upon application
by the wholesaler or veterinary food-animal drug retailer and
approval by the board. Any designated representative-in-charge who
ceases to act as the designated representative-in-charge at that
entity shall notify the board in writing within 30 days of the date
of that change in status.
SEC. 22. SEC. 23. Section 4119 of the
Business and Professions Code is amended to read:
4119. (a) Notwithstanding any other provision of law, a pharmacy
may furnish a dangerous drug or dangerous device to a licensed health
care facility for storage in a secured emergency pharmaceutical
supplies container maintained within the facility in accordance with
facility regulations of the State Department of Public Health set
forth in Title 22 of the California Code of Regulations and the
requirements set forth in Section 1261.5 of the Health and Safety
Code. These emergency supplies shall be approved by the facility's
patient care policy committee or pharmaceutical service committee and
shall be readily available to each nursing station. Section 1261.5
of the Health and Safety Code limits the number of oral dosage form
or suppository form drugs in these emergency supplies to 24.
(b) Notwithstanding any other provision of law, a pharmacy may
furnish a dangerous drug or a dangerous device to an approved service
provider within an emergency medical services system for storage in
a secured emergency pharmaceutical supplies container, in accordance
with the policies and procedures of the local emergency medical
services agency, if all of the following are met:
(1) The dangerous drug or dangerous device is furnished
exclusively for use in conjunction with services provided in an
ambulance, or other approved emergency medical services service
provider, that provides prehospital emergency medical services.
(2) The requested dangerous drug or dangerous device is within the
licensed or certified emergency medical technician's scope of
practice as established by the Emergency Medical Services Authority
and set forth in Title 22 of the California Code of Regulations.
(3) The approved service provider within an emergency medical
services system provides a written request that specifies the name
and quantity of dangerous drugs or dangerous devices.
(4) The approved emergency medical services provider administers
dangerous drugs and dangerous devices in accordance with the policies
and procedures of the local emergency medical services agency.
(5) The approved emergency medical services provider documents,
stores, and restocks dangerous drugs and dangerous devices in
accordance with the policies and procedures of the local emergency
medical services agency.
Records of each request by, and dangerous drugs or dangerous
devices furnished to, an approved service provider within an
emergency medical services system, shall be maintained by both the
approved service provider and the dispensing pharmacy for a period of
at least three years.
The furnishing of controlled substances to an approved emergency
medical services provider shall be in accordance with the California
Uniform Controlled Substances Act.
SEC. 23. SEC. 24. Section 4127.1 of
the Business and Professions Code is amended to read:
4127.1. (a) A pharmacy shall not compound injectable sterile drug
products in this state unless the pharmacy has obtained a license
from the board pursuant to this section. The license shall be renewed
annually and is not transferable.
(b) A license to compound injectable sterile drug products may
only be issued for a location that is licensed as a pharmacy.
Furthermore, the license to compound injectable sterile drug products
may only be issued to the owner of the pharmacy license at that
location. A license to compound injectable sterile drug products may
not be issued until the location is inspected by the board and found
in compliance with this article and regulations adopted by the board.
(c) A license to compound injectable sterile drug products may not
be renewed until the location has been inspected by the board and
found to be in compliance with this article and regulations adopted
by the board.
(d) Pharmacies operated by entities that are licensed by either
the board or the State Department of Public Health and that have
current accreditation from the Joint Commission on Accreditation of
Healthcare Organizations, or other private accreditation agencies
approved by the board, are exempt from the requirement to obtain a
license pursuant to this section.
(e) The reconstitution of a sterile powder shall not require a
license pursuant to this section if both of the following are met:
(1) The sterile powder was obtained from a manufacturer.
(2) The drug is reconstituted for administration to patients by a
health care professional licensed to administer drugs by injection
pursuant to this division.
SEC. 24. SEC. 25. Section 4169 of
the Business and Professions Code is amended to read:
4169. (a) A person or entity may not do any of the following:
(1) Purchase, trade, sell, or transfer dangerous drugs or
dangerous devices at wholesale with a person or entity that is not
licensed with the board as a wholesaler or pharmacy.
(2) Purchase, trade, sell, or transfer dangerous drugs that the
person knew or reasonably should have known were adulterated, as set
forth in Article 2 (commencing with Section 111250) of Chapter 6 of
Part 5 of Division 104 of the Health and Safety Code.
(3) Purchase, trade, sell, or transfer dangerous drugs that the
person knew or reasonably should have known were misbranded, as
defined in Section 111335 of the Health and Safety Code.
(4) Purchase, trade, sell, or transfer dangerous drugs or
dangerous devices after the beyond use date on the label.
(5) Fail to maintain records of the acquisition or disposition of
dangerous drugs or dangerous devices for at least three years.
(b) Notwithstanding any other provision of law, a violation of
this section or of subdivision (c) or (d) of Section 4163 may subject
the person or entity that has committed the violation to a fine not
to exceed the amount specified in Section 125.9 for each occurrence,
pursuant to a citation issued by the board.
(c) Amounts due from any person under this section shall be offset
as provided under Section 12419.5 of the Government Code. Amounts
received by the board under this section shall be deposited into the
Pharmacy Board Contingent Fund.
(d) This section shall not apply to a pharmaceutical manufacturer
licensed by the Food and Drug Administration or by the State
Department of Public Health.
SEC. 25. SEC. 26. Section 4181 of
the Business and Professions Code is amended to read:
4181. (a) Prior to the issuance of a clinic license authorized
under Section 4180, the clinic shall comply with all applicable laws
and regulations of the State Department of Public Health relating to
the drug distribution service to ensure that inventories, security
procedures, training, protocol development, recordkeeping, packaging,
labeling, dispensing, and patient consultation occur in a manner
that is consistent with the promotion and protection of the health
and safety of the public. The policies and procedures to implement
the laws and regulations shall be developed and approved by the
consulting pharmacist, the professional director, and the clinic
administrator.
(b) The dispensing of drugs in a clinic shall be performed only by
a physician, a pharmacist, or other person lawfully authorized to
dispense drugs, and only in compliance with all applicable laws and
regulations.
SEC. 26. SEC. 27. Section 4191 of
the Business and Professions Code is amended to read:
4191. (a) Prior to the issuance of a clinic license authorized
under this article, the clinic shall comply with all applicable laws
and regulations of the State Department of Public Health and the
board relating to drug distribution to ensure that inventories,
security procedures, training, protocol development, recordkeeping,
packaging, labeling, dispensing, and patient consultation are carried
out in a manner that is consistent with the promotion and protection
of the health and safety of the public. The policies and procedures
to implement the laws and regulations shall be developed and approved
by the consulting pharmacist, the professional director, and the
clinic administrator.
(b) The dispensing of drugs in a clinic that has received a
license under this article shall be performed only by a physician, a
pharmacist, or other person lawfully authorized to dispense drugs,
and only in compliance with all applicable laws and regulations.
SEC. 27. SEC. 28. Section 4196 of
the Business and Professions Code is amended to read:
4196. (a) No person shall conduct a veterinary food-animal drug
retailer in the State of California unless he or she has obtained a
license from the board. A license shall be required for each
veterinary food-animal drug retailer owned or operated by a specific
person. A separate license shall be required for each of the premises
of any person operating a veterinary food-animal drug retailer in
more than one location. The license shall be renewed annually and
shall not be transferable.
(b) The board may issue a temporary license, upon conditions and
for periods of time as the board determines to be in the public
interest. A temporary license fee shall be fixed by the board at an
amount not to exceed the annual fee for renewal of a license to
conduct a veterinary food-animal drug retailer.
(c) No person other than a pharmacist, an intern pharmacist, a
designated representative, an authorized officer of the law, or a
person authorized to prescribe, shall be permitted in that area,
place, or premises described in the permit issued by the board
pursuant to Section 4041, wherein veterinary food-animal drugs are
stored, possessed, or repacked. A pharmacist or designated
representative shall be responsible for any individual who enters the
veterinary food-animal drug retailer for the purpose of performing
clerical, inventory control, housekeeping, delivery, maintenance, or
similar functions relating to the veterinary food-animal drug
retailer.
(d) Every veterinary food-animal drug retailer shall be supervised
or managed by a designated representative-in-charge. The designated
representative-in-charge shall be responsible for the veterinary
food-animal drug retailer's compliance with state and federal laws
governing veterinary food-animal drug retailers. As part of its
initial application for a license, and for each renewal, each
veterinary food-animal drug retailer shall, on a form designed by the
board, provide identifying information and the California license
number for a designated representative or pharmacist proposed to
serve as the designated representative-in-charge. The proposed
designated representative-in-charge shall be subject to approval by
the board. The board shall not issue or renew a veterinary
food-animal drug retailer license without identification of an
approved designated representative-in-charge for the veterinary
food-animal drug retailer.
(e) Every veterinary food-animal drug retailer shall notify the
board in writing, on a form designed by the board, within 30 days of
the date when a designated representative-in-charge who ceases to act
as the designated representative-in-charge, and shall on the same
form propose another designated representative or pharmacist to take
over as the designated representative-in-charge. The proposed
replacement designated representative-in-charge shall be subject to
approval by the board. If disapproved, the veterinary food-animal
drug retailer shall propose another replacement within 15 days of the
date of disapproval, and shall continue to name proposed
replacements until a designated representative-in-charge is approved
by the board.
(f) For purposes of this section, designated
representative-in-charge means a person granted a designated
representative license pursuant to Section 4053, or a registered
pharmacist, who is the supervisor or manager of the facility.
SEC. 28. SEC. 29. Section 4200.1 is
added to the Business and Professions Code, to read:
4200.1. (a) Notwithstanding Section 135, an applicant may take
the North American Pharmacist Licensure Examination four times, and
may take the California Practice Standards and Jurisprudence
Examination for Pharmacists four times.
(b) Notwithstanding Section 135, an applicant may take the North
American Pharmacist Licensure Examination and the California Practice
Standards and Jurisprudence Examination for Pharmacists four
additional times each if he or she successfully completes, at a
minimum, 16 additional semester units of education in pharmacy as
approved by the board.
(c) The applicant shall comply with the requirements of Section
4200 for each application for reexamination made pursuant to
subdivision (b).
(d) An applicant may use the same coursework to satisfy the
additional educational requirement for each examination under
subdivision (b), if the coursework was completed within 12 months of
the date of his or her application for reexamination.
(e) For purposes of this section, the board shall treat each
failing score on the pharmacist licensure examination administered by
the board prior to January 1, 2004, as a failing score on both the
North American Pharmacist Licensure Examination and the California
Practice Standards and Jurisprudence Examination for Pharmacists.
SEC. 29. SEC. 30. Section 4425 of
the Business and Professions Code is amended to read:
4425. (a) As a condition for the participation of a pharmacy in
the Medi-Cal program pursuant to Chapter 7 (commencing with Section
14000) of Division 9 of the Welfare and Institutions Code, the
pharmacy, upon presentation of a valid prescription for the patient
and the patient's Medicare card, shall charge Medicare beneficiaries
a price that does not exceed the Medi-Cal reimbursement rate for
prescription medicines, and an amount, as set by the State Department
of Health Care Services to cover electronic transmission charges.
However, Medicare beneficiaries shall not be allowed to use the
Medi-Cal reimbursement rate for over-the-counter medications or
compounded prescriptions.
(b) The State Department of Health Care Services shall provide a
mechanism to calculate and transmit the price to the pharmacy, but
shall not apply the Medi-Cal drug utilization review process for
purposes of this section.
(c) The State Department of Health Care Services shall monitor
pharmacy participation with the requirements of subdivision (a).
(d) The State Department of Health Care Services shall conduct an
outreach program to inform Medicare beneficiaries of their right to
participate in the program described in subdivision (a), including,
but not limited to, the following:
(1) Including on its Internet Web site the Medi-Cal reimbursement
rate for, at minimum, 200 of the most commonly prescribed medicines
and updating this information monthly.
(2) Providing a sign to participating pharmacies that the
pharmacies shall prominently display at the point of service and at
the point of sale, reminding the Medicare beneficiaries to ask that
the charge for their prescription be the same amount as the Medi-Cal
reimbursement rate and providing the department's telephone number,
e-mail address, and Internet Web site address to access information
about the program.
(e) If prescription drugs are added to the scope of benefits
available under the federal Medicare program, the Senate Office of
Research shall report that fact to the appropriate committees of the
Legislature. It is the intent of the Legislature to evaluate the need
to continue the implementation of this article under those
circumstances.
(f) This section shall not apply to a prescription that is covered
by insurance.
SEC. 30. SEC. 31. Section 4426 of
the Business and Professions Code is amended to read:
4426. The State Department of Health Care Services shall conduct
a study of the adequacy of Medi-Cal pharmacy reimbursement rates
including the cost of providing prescription drugs and services.
SEC. 31. SEC. 32. Section 4980.07 of
the Business and Professions Code is repealed.
SEC. 32. SEC. 33. Section 4980.40.5
of the Business and Professions Code is amended to read:
4980.40.5. (a) A doctor's doctoral
or master's degree in marriage, family, and child counseling, marital
and family therapy, psychology, clinical psychology, counseling
psychology, or counseling with an emphasis in either marriage,
family, and child counseling, or marriage and family therapy,
obtained from a school, college, or university approved by the Bureau
for Private Postsecondary and Vocational Education as of June 30,
2007, shall be considered by the board to meet the requirements
necessary for licensure as a marriage and family therapist and for
registration as a marriage and family therapist intern provided that
the degree is conferred on or before July 1, 2010.
(b) As an alternative to meeting the qualifications specified in
subdivision (a) of Section 4980.40, the board shall accept as
equivalent degrees those doctor's doctoral
or master's degrees that otherwise meet the requirements of
this chapter and are conferred by educational institutions accredited
by any of the following associations:
(1) Northwest Commission on Colleges and Universities.
(2) Middle States Association of Colleges and Secondary Schools.
(3) New England Association of Schools and Colleges.
(4) North Central Association of Colleges and Secondary Schools.
(5) Southern Association of Colleges and Schools.
SEC. 33. SEC. 34. Section 4980.43 of
the Business and Professions Code is amended to read:
4980.43. (a) Prior to applying for licensure examinations, each
applicant shall complete experience that shall comply with the
following:
(1) A minimum of 3,000 hours completed during a period of at least
104 weeks.
(2) Not more than 40 hours in any seven consecutive days.
(3) Not less than 1,700 hours of supervised experience completed
subsequent to the granting of the qualifying master's or
doctor's doctoral degree.
(4) Not more than 1,300 hours of supervised experience obtained
prior to completing a master's or doctor's
doctoral degree.
The applicant shall not be credited with more than 750 hours of
counseling and direct supervisor contact prior to completing the
master's or doctor's doctoral degree.
(5) No hours of experience may be gained prior to completing
either 12 semester units or 18 quarter units of graduate instruction
and becoming a trainee except for personal psychotherapy.
(6) No hours of
experience gained more than six years prior to the date the
application for examination eligibility was filed, except that up to
500 hours of clinical experience gained in the supervised practicum
required by subdivision (c) of Section 4980.37 and subparagraph (B)
of paragraph (1) of subdivision (d) of Section 4980.36 shall be
exempt from this six-year requirement.
(7) Not more than a combined total of 1,250 hours of experience in
the following:
(A) Direct supervisor contact.
(B) Professional enrichment activities. For purposes of this
chapter, "professional enrichment activities" include the following:
(i) Workshops, seminars, training sessions, or conferences
directly related to marriage and family therapy attended by the
applicant that are approved by the applicant's supervisor. An
applicant shall have no more than 250 hours of verified attendance at
these workshops, seminars, training sessions, or conferences.
(ii) Participation by the applicant in personal psychotherapy,
which includes group, marital or conjoint, family, or individual
psychotherapy by an appropriately licensed professional. An applicant
shall have no more than 100 hours of participation in personal
psychotherapy. The applicant shall be credited with three hours of
experience for each hour of personal psychotherapy.
(C) Client centered advocacy.
(8) Not more than 500 hours of experience providing group therapy
or group counseling.
(9) Not more than 250 hours of experience administering and
evaluating psychological tests, writing clinical reports, writing
progress notes, or writing process notes.
(10) Not less than 500 total hours of experience in diagnosing and
treating couples, families, and children. For up to 150 hours of
treating couples and families in conjoint therapy, the applicant
shall be credited with two hours of experience for each hour of
therapy provided.
(11) Not more than 375 hours of experience providing personal
psychotherapy, crisis counseling, or other counseling services via
telemedicine in accordance with Section 2290.5.
(b) All applicants, trainees, and registrants 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 marriage and family therapy. Supervised experience shall
be gained by interns and trainees either as an employee or as a
volunteer. The requirements of this chapter regarding gaining hours
of experience and supervision are applicable equally to employees and
volunteers. Experience shall not be gained by interns or trainees as
an independent contractor.
(1) If employed, an intern shall provide the board with copies of
the corresponding W-2 tax forms for each year of experience claimed
upon application for licensure.
(2) If volunteering, an intern shall provide the board with a
letter from his or her employer verifying the intern's employment as
a volunteer upon application for licensure.
(c) Supervision shall include at least one hour of direct
supervisor contact in each week for which experience is credited in
each work setting, as specified:
(1) A trainee shall receive an average of at least one hour of
direct supervisor contact for every five hours of client contact in
each setting.
(2) An individual supervised after being granted a qualifying
degree shall receive at least one additional hour of direct
supervisor contact for every week in which more than 10 hours of
client contact is gained in each setting. No more than five hours of
supervision, whether individual or group, shall be credited during
any single week.
(3) For purposes of this section, "one hour of direct supervisor
contact" means one hour per week of face-to-face contact on an
individual basis or two hours per week of face-to-face contact in a
group.
(4) Direct supervisor contact shall occur within the same week as
the hours claimed.
(5) Direct supervisor contact provided in a group shall be
provided in a group of not more than eight supervisees and in
segments lasting no less than one continuous hour.
(6) Notwithstanding paragraph (3), 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 the
required weekly direct supervisor contact via two-way, real-time
videoconferencing. The supervisor shall be responsible for ensuring
that client confidentiality is upheld.
(7) All experience gained by a trainee shall be monitored by the
supervisor as specified by regulation.
(d) (1) A trainee may be credited with supervised experience
completed in any setting that meets all of the following:
(A) Lawfully and regularly provides mental health counseling or
psychotherapy.
(B) Provides oversight to ensure that the trainee'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 defined in Section 4980.02.
(C) Is not a private practice owned by a licensed marriage and
family therapist, a licensed psychologist, a licensed clinical social
worker, a licensed physician and surgeon, or a professional
corporation of any of those licensed professions.
(2) Experience may be gained by the trainee solely as part of the
position for which the trainee volunteers or is employed.
(e) (1) An intern may be credited with supervised experience
completed in any setting that meets both of the following:
(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 defined in Section 4980.02.
(2) An applicant shall not be employed or volunteer in a private
practice, as defined in subparagraph (C) of paragraph (1) of
subdivision (d), until registered as an intern.
(3) While an intern may be either a paid employee or a volunteer,
employers are encouraged to provide fair remuneration to interns.
(4) Except for periods of time during a supervisor's vacation or
sick leave, an intern who is employed or volunteering in private
practice shall be under the direct supervision of a licensee that has
satisfied the requirements of subdivision (g) of Section 4980.03.
The supervising licensee shall either be employed by and practice at
the same site as the intern's employer, or shall be an owner or
shareholder of the private practice. Alternative supervision may be
arranged during a supervisor's vacation or sick leave if the
supervision meets the requirements of this section.
(5) Experience may be gained by the intern solely as part of the
position for which the intern volunteers or is employed.
(f) Except as provided in subdivision (g), all persons shall
register with the board as an intern in order to be credited for
postdegree hours of supervised experience gained toward licensure.
(g) Except when employed in a private practice setting, all
postdegree hours of experience shall be credited toward licensure so
long as the applicant applies for the intern registration within 90
days of the granting of the qualifying master's or doctor's
doctoral degree and is thereafter granted the
intern registration by the board.
(h) Trainees, interns, and applicants shall not receive any
remuneration from patients or clients, and shall only be paid by
their employers.
(i) Trainees, interns, and applicants shall only perform services
at the place where their employers regularly conduct business, which
may include performing services at other locations, so long as the
services are performed under the direction and control of their
employer and supervisor, and in compliance with the laws and
regulations pertaining to supervision. Trainees and interns shall
have no proprietary interest in their employers' businesses and shall
not lease or rent space, pay for furnishings, equipment or supplies,
or in any other way pay for the obligations of their employers.
(j) Trainees, interns, or applicants who provide volunteered
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 trainees,
interns, or applicants for services rendered in any lawful work
setting other than a private practice shall be considered an employee
and not an independent contractor. The board may audit applicants
who receive reimbursement for expenses, and the applicants shall have
the burden of demonstrating that the payments received were for
reimbursement of expenses actually incurred.
(k) 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 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.
SEC. 34. SEC. 35. Section 4980.80 of
the Business and Professions Code is amended to read:
4980.80. (a) This section applies to persons who apply for
licensure between January 1, 2010, and December 31, 2013, inclusive.
(b) The board may issue a license to a person who, at the time of
application, holds a valid license issued by a board of marriage
counselor examiners, marriage therapist examiners, or corresponding
authority of any state, if all of the following requirements are
satisfied:
(1) The person has held that license for at least two years
immediately preceding the date of application.
(2) The education and supervised experience requirements are
substantially the equivalent of this chapter.
(3) The person complies with Section 4980.76, if applicable.
(4) The person successfully completes the board administered
licensing examinations as specified by subdivision (d) of Section
4980.40 and pays the fees specified.
(5) The person completes all of the following coursework or
training:
(A) (i) An applicant who completed a two semester or three quarter
unit course in law and professional ethics for marriage and family
therapists that included areas of study as specified in Section
4980.41 as part of his or her qualifying degree shall complete an
18-hour course in California law and professional ethics that
includes, but is not limited to, the following subjects: advertising,
scope of practice, scope of competence, treatment of minors,
confidentiality, dangerous patients, psychotherapist-patient
privilege, recordkeeping, patient access to records, requirements of
the Health Insurance Portability and Accountability Act of 1996, 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 patients.
(ii) An applicant who has not completed a two semester or three
quarter unit course in law and professional ethics for marriage and
family therapists that included areas of study as specified in
Section 4980.41 as part of his or her qualifying degree, shall
complete a two semester or three quarter unit course in California
law and professional ethics that includes, at minimum, the areas of
study specified in Section 4980.41.
(B) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28 and
any regulations promulgated thereunder.
(C) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25 and any regulations
promulgated thereunder.
(D) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency as specified by
regulation.
(E) (i) Instruction in spousal or partner abuse assessment,
detection, and intervention. This instruction may be taken either in
fulfillment of other requirements for licensure or in a separate
course.
(ii) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(F) A minimum of a two semester or three quarter unit survey
course in psychological testing. This course may be taken either in
fulfillment of other requirements for licensure or in a separate
course.
(G) A minimum of a two semester or three quarter unit survey
course in psychopharmacology. This course may be taken either in
fulfillment of other requirements for licensure or in a separate
course.
(H) With respect to human sexuality, alcoholism and other chemical
substance dependency, spousal or partner abuse assessment,
detection, and intervention, psychological testing, and
psychopharmacology, the board may accept training or coursework
acquired out of state.
(c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 35. SEC. 36. Section 4982.2 of
the Business and Professions Code is repealed.
SEC. 36. SEC. 37. Section 4982.25 of
the Business and Professions Code is amended to read:
4982.25. The board may deny an application, or may suspend or
revoke a license or registration issued under this chapter, for any
of the following:
(a) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by another state or territory
or possession of the United States, or by any other governmental
agency, on a license, certificate, or registration to practice
marriage and family therapy, or any other healing art, shall
constitute unprofessional conduct. A certified copy of the
disciplinary action decision or judgment shall be conclusive evidence
of that action.
(b) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice as a clinical
social worker, professional clinical counselor, or educational
psychologist shall also constitute grounds for disciplinary action
for unprofessional conduct against the licensee or registrant under
this chapter.
SEC. 37. SEC. 38. Section 4984.6 of
the Business and Professions Code is repealed.
SEC. 38. SEC. 39. Section 4984.8 of
the Business and Professions Code is amended to read:
4984.8. (a) A licensee may apply to the board to request that his
or her license be placed on inactive status.
(b) A licensee on inactive status shall be subject to this chapter
and shall not engage in the practice of marriage and family therapy
in this state.
(c) A licensee who holds an inactive license shall pay a biennial
fee in the amount of one-half of the standard renewal fee and shall
be exempt from continuing education requirements.
(d) A licensee on inactive status who has not committed an act or
crime constituting grounds for denial of licensure may, upon request,
restore his or her license to practice marriage and family therapy
to active status.
(1) A licensee requesting to restore his or her license to active
status between renewal cycles shall pay the remaining one-half of his
or her renewal fee.
(2) A licensee requesting to restore his or her license to active
status, whose license will expire less than one year from the date of
the request, shall complete 18 hours of continuing education as
specified in Section 4980.54.
(3) A licensee requesting to restore his or her license to active
status, whose license will expire more than one year from the date of
the request, shall complete 36 hours of continuing education as
specified in Section 4980.54.
SEC. 39. SEC. 40. Section 4989.54 of
the Business and Professions Code is amended to read:
4989.54. The board may deny a license or may suspend or revoke
the license of a licensee if he or she has been guilty of
unprofessional conduct. Unprofessional conduct includes, but is not
limited to, the following:
(a) Conviction of a crime substantially related to the
qualifications, functions, and duties of an educational psychologist.
(1) The record of conviction shall be conclusive evidence only of
the fact that the conviction occurred.
(2) 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 under this
chapter.
(3) 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 under this chapter
shall be deemed to be a conviction within the meaning of this
section.
(4) The board may order a license suspended or revoked, or may
decline to issue a license 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 by fraud, deceit, or misrepresentation on
an application for licensure submitted to the board, whether engaged
in by an applicant for a license or by a licensee in support of an
application for licensure.
(c) Administering to himself or herself a controlled substance or
using any of the dangerous drugs specified in Section 4022 or an
alcoholic beverage to the extent, or in a manner, as to be dangerous
or injurious to himself or herself or to any other person or to the
public or to the extent that the use impairs his or her ability to
safely perform the functions authorized by the license. The board
shall deny an application for a license or revoke the license 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
educational psychology.
(d) Failure to comply with the consent provisions in Section
2290.5.
(e) Advertising in a manner that is false, fraudulent, misleading,
or deceptive, as defined in Section 651.
(f) Violating, attempting to violate, or conspiring to violate any
of the provisions of this chapter or any regulation adopted by the
board.
(g) Commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee.
(h) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by another state or territory
or possession of the United States or by any other governmental
agency, on a license, certificate, or registration to practice
educational psychology or any other healing art. A certified copy of
the disciplinary action, decision, or judgment shall be conclusive
evidence of that action.
(i) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice as a clinical
social worker, professional clinical counselor, or marriage and
family therapist.
(j) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
(k) Gross negligence or incompetence in the practice of
educational psychology.
(l) Misrepresentation as to the type or status of a license held
by the licensee or otherwise misrepresenting or permitting
misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
(m) Intentionally or recklessly causing physical or emotional harm
to any client.
(n) Engaging in sexual relations with a client or a former client
within two years following termination of professional services,
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 educational psychologist.
(o) 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.
(p) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients.
(q) Failing 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 that is obtained from tests or
other means.
(r) Performing, holding himself or herself out as being able to
perform, or offering to perform any professional services beyond the
scope of the license authorized by this chapter or beyond his or her
field or fields of competence as established by his or her education,
training, or experience.
(s) Reproducing or describing in public, or in any publication
subject to general public distribution, 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. An educational psychologist shall limit access to the
test or device to persons with professional interests who can be
expected to safeguard its use.
(t) Aiding or abetting an unlicensed person to engage in conduct
requiring a license under this chapter.
(u) When employed by another person or agency, encouraging, either
orally or in writing, the employer's or agency's clientele to
utilize his or her private practice for further counseling without
the approval of the employing agency or administration.
(v) Failing to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
(w) Failing to comply with the elder and adult dependent abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
(x) Willful violation of Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code.
(y) (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.
(z) Engaging in any conduct that subverts or attempts to subvert
any licensing examination or the administration of the examination as
described in Section 123.
(aa) Impersonation of another by any licensee or applicant for a
license, or, in the case of a licensee, allowing any other person to
use his or her license.
(ab) Permitting a person under his or her supervision or control
to perform, or permitting that person to hold himself or herself out
as competent to perform, professional services beyond the level of
education, training, or experience of that person.
SEC. 40. SEC. 41. Section 4990.02 of
the Business and Professions Code is amended to read:
4990.02. "Board," as used in this chapter, Chapter 13 (commencing
with Section 4980), Chapter 13.5 (commencing with Section 4989.10),
Chapter 14 (commencing with Section 4991), and Chapter 16 (commencing
with Section 4999.10) means the Board of Behavioral Sciences.
SEC. 41. SEC. 42. Section 4990.12 of
the Business and Professions Code is amended to read:
4990.12. The duty of administering and enforcing this chapter,
Chapter 13 (commencing with Section 4980), Chapter 13.5 (commencing
with Section 4989.10), Chapter 14 (commencing with Section 4991), and
Chapter 16 (commencing with Section 4999.10) is vested in the board
and the executive officer subject to, and under the direction of, the
board. In the performance of this duty, the board and the executive
officer have all the powers and are subject to all the
responsibilities vested in, and imposed upon, the head of a
department by Chapter 2 (commencing with Section 11150) of Part 1 of
Division 3 of Title 2 of the Government Code.
SEC. 42. SEC. 43. Section 4990.18 of
the Business and Professions Code is amended to read:
4990.18. It is the intent of the Legislature that the board
employ its resources for each and all of the following functions:
(a) The licensure of marriage and family therapists, clinical
social workers, professional clinical counselors, and educational
psychologists.
(b) The development and administration of licensure examinations
and examination procedures consistent with prevailing standards for
the validation and use of licensing and certification tests.
Examinations shall measure knowledge and abilities demonstrably
important to the safe, effective practice of the profession.
(c) Enforcement of laws designed to protect the public from
incompetent, unethical, or unprofessional practitioners.
(d) Consumer education.
SEC. 43. SEC. 44. Section 4990.22 of
the Business and Professions Code is amended to read:
4990.22. (a) The Behavioral Sciences Fund shall be used for the
purposes of carrying out and enforcing the provisions of this chapter
and the chapters listed in Section 4990.12. All moneys in the fund
shall be expended by the board for the purposes of the programs under
its jurisdiction.
(b) The board shall keep records that reasonably ensure that funds
expended in the administration of each licensure or registration
category shall bear a reasonable relation to the revenue derived from
each category and report to the department no later than May 31 of
each year on those expenditures.
(c) Surpluses, if any, may be used by the board in a manner that
bears a reasonable relation to the revenue derived from each
licensure or registration category and may include, but not be
limited to, expenditures for education and research related to each
of the licensing or registration categories.
SEC. 44. SEC. 45. Section 4990.30 of
the Business and Professions Code is amended to read:
4990.30. (a) A licensed marriage and family therapist, marriage
and family therapist intern, licensed clinical social worker,
associate clinical social worker, licensed professional clinical
counselor, professional clinical counselor intern, or licensed
educational psychologist whose license or registration has been
revoked, suspended, or placed on probation, may petition the board
for reinstatement or modification of the penalty, including
modification or termination of probation. The petition shall be on a
form provided by the board and shall state any facts and information
as may be required by the board including, but not limited to, proof
of compliance with the terms and conditions of the underlying
disciplinary order. The petition shall be verified by the petitioner
who shall file an original and sufficient copies of the petition,
together with any supporting documents, for the members of the board,
the administrative law judge, and the Attorney General.
(b) The licensee or registrant may file the petition on or after
the expiration of the following timeframes, each of which commences
on the effective date of the decision ordering the disciplinary
action or, if the order of the board, or any portion of it, is stayed
by the board itself or by the superior court, from the date the
disciplinary action is actually implemented in its entirety:
(1) Three years for reinstatement of a license or registration
that was revoked for unprofessional conduct, except that the board
may, in its sole discretion, specify in its revocation order that a
petition for reinstatement may be filed after two years.
(2) Two years for early termination of any probation period of
three years or more.
(3) One year for modification of a condition, reinstatement of a
license or registration revoked for mental or physical illness, or
termination of probation of less than three years.
(c) The petition may be heard by the board itself or the board may
assign the petition to an administrative law judge pursuant to
Section 11512 of the Government Code.
(d) The petitioner may request that the board schedule the hearing
on the petition for a board meeting at a specific city where the
board regularly meets.
(e) The petitioner and the Attorney General shall be given timely
notice by letter of the time and place of the hearing on the petition
and an opportunity to present both oral and documentary evidence and
argument to the board or the administrative law judge.
(f) The petitioner shall at all times have the burden of
production and proof to establish by clear and convincing evidence
that he or she is entitled to the relief sought in the petition.
(g) The board, when it is hearing the petition itself, or an
administrative law judge sitting for the board, may consider all
activities of the petitioner since the disciplinary action was taken,
the offense for which the petitioner was disciplined, the petitioner'
s activities during the time his or her license or registration was
in good standing, and the petitioner's rehabilitative efforts,
general reputation for truth, and professional ability.
(h) The hearing may be continued from time to time as the board or
the administrative law judge deems appropriate but in no case may
the hearing on the petition be delayed more than 180 days from its
filing without the consent of the petitioner.
(i) The board itself, or the administrative law judge if one is
designated by the board, shall hear the petition and shall prepare a
written decision setting forth the reasons supporting the decision.
In a decision granting a petition reinstating a license or modifying
a penalty, the board itself, or the administrative law judge, may
impose any terms and conditions that the agency deems reasonably
appropriate, including those set forth in Sections 823 and 4990.40.
If a petition is heard by an administrative law judge sitting alone,
the administrative law judge shall prepare a proposed decision and
submit it to the board. The board may take action with respect to the
proposed decision and petition as it deems appropriate.
(j) The petitioner shall pay a fingerprinting fee and provide a
current set of his or her fingerprints to the board. The petitioner
shall execute a form authorizing release to the board or its
designee, of all information concerning the petitioner's current
physical and mental condition. Information provided to the board
pursuant to the release shall be confidential and shall not be
subject to discovery or subpoena in any other proceeding, and shall
not be admissible in any action, other than before the board, to
determine the petitioner's fitness to practice as required by Section
822.
(k) The board may delegate to its executive officer authority to
order investigation of the contents of the petition.
(l) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole or the
petitioner is required to register pursuant to Section 290 of the
Penal Code. No petition shall be considered while there is an
accusation or petition to revoke probation pending against the
petitioner.
(m) Except in those cases where the petitioner has been
disciplined for violation of Section 822, the board may in its
discretion deny without hearing or argument any petition that is
filed pursuant to this section within a period of two years from the
effective date of a prior decision following a hearing under this
section.
SEC. 45. SEC. 46. Section 4990.38 of
the Business and Professions Code is amended to read:
4990.38. The board may deny an application or may suspend or
revoke a license or registration issued under the chapters it
administers and enforces for any disciplinary action imposed by
another state or territory or possession of the United States, or by
a governmental agency on a license, certificate or registration to
practice marriage and family therapy, clinical social work,
educational psychology, professional clinical counseling, or any
other healing art. The disciplinary action, which may include denial
of licensure or revocation or suspension of the license or imposition
of restrictions on it, constitutes unprofessional conduct. A
certified copy of the disciplinary action decision or judgment shall
be conclusive evidence of that action.
SEC. 46. SEC. 47. Section 4992.36 of
the Business and Professions Code is amended to read:
4992.36. The board may deny an application, or may suspend or
revoke a license or registration issued under this chapter, for any
of the following:
(a) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by another state or territory
of the United States, or by any other governmental agency, on a
license, certificate, or registration to practice clinical social
work or any other healing art shall constitute grounds for
disciplinary action for unprofessional conduct. A certified copy of
the disciplinary action decision or judgment shall be conclusive
evidence of that action.
(b) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice marriage and family
therapy, professional clinical counseling, or educational psychology
against a licensee or registrant shall also constitute grounds for
disciplinary action for unprofessional conduct under this chapter.
SEC. 47. SEC. 48. Article 3
(commencing with Section 4994) of Chapter 14 of Division 2 of the
Business and Professions Code is repealed.
SEC. 48. SEC. 49. Section 4996.17 of
the Business and Professions Code is amended to read:
4996.17. (a) Experience gained outside of California shall be
accepted toward the licensure requirements if it is substantially the
equivalent of the requirements of this chapter.
(b) The board may issue a license to any person who, at the time
of application, holds a valid active clinical social work license
issued by a board of clinical social work examiners or corresponding
authority of any state, if the person passes the board administered
licensing examinations as specified in Section 4996.1 and pays the
required fees. Issuance of the license is conditioned upon all of the
following:
(1) The applicant has supervised experience that is substantially
the equivalent of that required by this chapter. If the applicant has
less than 3,200 hours of qualifying supervised experience, time
actively licensed as a clinical social worker shall be accepted at a
rate of 100 hours per month up to a maximum of 1,200 hours.
(2) Completion of the following coursework or training in or out
of this state:
(A) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28, and
any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
(D) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(3) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
(4) The applicant is not currently under investigation in any
other state, and has not been charged with an offense for any act
substantially related to the practice of social work by any public
agency, entered into any consent agreement or been subject to an
administrative decision that contains conditions placed by an agency
upon an applicant's professional conduct or practice, including any
voluntary surrender of license, or been the subject of an adverse
judgment resulting from the practice of social work that the board
determines constitutes evidence of a pattern of incompetence or
negligence.
(5) The applicant shall provide a certification from each state
where he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
(6) The applicant is not subject to denial of licensure under
Section 480, 4992.3, 4992.35, or 4992.36.
(c) The board may issue a license to any person who, at the time
of application, holds a valid, active clinical social work license
issued by a board of clinical social work examiners or a
corresponding authority of any state, if the person has held that
license for at least four years immediately preceding the date of
application, the person passes the board administered licensing
examinations as specified in Section 4996.1, and the person pays the
required fees. Issuance of the license is conditioned upon all of the
following:
(1) Completion of the following coursework or training in or out
of state:
(A) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28, and
any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
(D) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(2) The applicant has been licensed as a clinical social worker
continuously for a minimum of four years prior to the date of
application.
(3) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
(4) The applicant is not currently under investigation in any
other state, and has not been charged with an offense for any act
substantially related to the practice of social work by any public
agency, entered into any consent agreement or been subject to an
administrative decision that contains conditions placed by an agency
upon an applicant's professional conduct or practice, including any
voluntary surrender of license, or been the subject of an adverse
judgment resulting from the practice of social work that the board
determines constitutes evidence of a pattern of incompetence or
negligence.
(5) The applicant provides a certification from each state where
he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
(6) The applicant is not subject to denial of licensure under
Section 480, 4992.3, 4992.35, or 4992.36.
SEC. 49. SEC. 50. Section 4996.23 of
the Business and Professions Code is amended to read:
4996.23. The experience required by subdivision (c) of Section
4996.2 shall meet the following criteria:
(a) All persons registered with the board on and after January 1,
2002, shall have at least 3,200 hours of post-master's degree
supervised experience providing clinical social work services as
permitted by Section 4996.9. At least 1,700 hours shall be gained
under the supervision of a licensed clinical social worker. The
remaining required supervised experience may be gained under the
supervision of a licensed mental health professional acceptable to
the board as defined by a regulation adopted by the board. This
experience shall consist of the following:
(1) A minimum of 2,000 hours in clinical psychosocial diagnosis,
assessment, and treatment, including psychotherapy or counseling.
(2) A maximum of 1,200 hours in client-centered advocacy,
consultation, evaluation, and research.
(3) Of the 2,000 clinical hours required in paragraph (1), no less
than 750 hours shall be face-to-face individual or group
psychotherapy provided to clients in the context of clinical social
work services.
(4) A minimum of two years of supervised experience is required to
be obtained over a period of not less than 104 weeks and shall have
been gained within the six years immediately preceding the date on
which the application for licensure was filed.
(5) Experience shall not be credited for more than 40 hours in any
week.
(b) "Supervision" means responsibility for, and control of, the
quality of clinical social work services being provided. Consultation
or peer discussion shall not be considered to be supervision.
(c) (1) Prior to the commencement of supervision, a supervisor
shall comply with all requirements enumerated in Section 1870 of
Title 16 of the California Code of Regulations and shall sign under
penalty of perjury the "Responsibility Statement for Supervisors of
an Associate Clinical Social Worker" form.
(2) Supervised experience shall include at least one hour of
direct supervisor contact for a minimum of 104 weeks. For purposes of
this subdivision, "one hour of direct supervisor contact" means one
hour per week of face-to-face contact on an individual basis or two
hours of face-to-face contact in a group conducted within the same
week as the hours claimed.
(3) An associate shall receive an average of at least one hour of
direct supervisor contact for every week in which more than 10 hours
of face-to-face psychotherapy is performed in each setting in which
experience is gained. No more than five hours of supervision, whether
individual or group, shall be credited during any single week.
(4) Group supervision shall be provided in a group of not more
than eight supervisees and shall be provided in segments lasting no
less than one continuous hour.
(5) Of the 104 weeks of required supervision, 52 weeks shall be
individual supervision, and of the 52 weeks of required individual
supervision, not less than 13 weeks shall be supervised by a licensed
clinical social worker.
(6) Notwithstanding paragraph (2), an associate clinical social
worker working for a governmental entity, school, college, or
university, or an institution that is both a nonprofit and charitable
institution, may obtain the required weekly direct supervisor
contact via live two-way videoconferencing. The supervisor shall be
responsible for ensuring that client confidentiality is preserved.
(d) The supervisor and the associate shall develop a supervisory
plan that describes the goals and objectives of supervision. These
goals shall include the ongoing assessment of strengths and
limitations and the assurance of practice in accordance with the laws
and regulations. The associate shall submit to the board the initial
original supervisory plan upon application for licensure.
(e) Experience shall only be gained in a setting that meets both
of the following:
(1) Lawfully and regularly provides clinical social work, mental
health counseling, or psychotherapy.
(2) Provides oversight to ensure that the associate'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 defined in Section 4996.9.
(f) Experience shall not be gained until the applicant has been
registered as an associate clinical social worker.
(g) Employment in a private practice as defined in subdivision (h)
shall not commence until the applicant has been registered as an
associate clinical social worker.
(h) A private practice setting is a setting that is owned by a
licensed clinical social worker, a licensed marriage and family
therapist, a licensed psychologist, a licensed physician and surgeon,
or a professional corporation of any of those licensed professions.
(i) If volunteering, the associate shall provide the board with a
letter from his or her employer verifying his or her voluntary status
upon application for licensure.
(j) If employed, the associate shall provide the board with copies
of his or her W-2 tax forms for each year of experience claimed upon
application for licensure.
(k) While an associate may be either a paid employee or volunteer,
employers are encouraged to provide fair remuneration to associates.
(l) An associate shall not do the following:
(1) Receive any remuneration from patients or clients and shall
only be paid by his or her employer.
(2) Have any proprietary interest in the employer's business.
(3) Lease or rent space, pay for furnishings, equipment, or
supplies, or in any other way pay for the obligations of his or her
employer.
(m) An associate, whether employed or volunteering, may obtain
supervision from a person not employed by the associate's employer if
that person has signed a written agreement with the employer to take
supervisory responsibility for the associate's social work services.
(n) Notwithstanding any other provision of law, associates and
applicants for examination shall receive a minimum of one hour of
supervision per week for each setting in which he or she is working.
SEC. 50. SEC. 51. Section 4999.46 of
the Business and Professions Code is amended to read:
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.
(f) Experience obtained under the supervision of a spouse or
relative by blood or marriage shall not be credited toward the
required hours of supervised experience. Experience obtained under
the supervision of a supervisor with whom the applicant has had or
currently has a personal, professional, or business relationship that
undermines the authority or effectiveness of the supervision shall
not be credited toward the required hours of supervised experience.
(g) 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 at least one additional hour of direct
supervisor contact for every week in which more than 10 hours of
face-to-face psychotherapy is performed in each setting in which
experience is gained.
(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) Notwithstanding paragraph (3), 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 the
required weekly direct supervisor contact via two-way, real-time
videoconferencing. The supervisor shall be responsible for ensuring
that client confidentiality is upheld.
SEC. 51. SEC. 52. Section 4999.57 is
added to the Business and Professions Code, to read:
4999.57. (a) This section applies to a person who applies for
examination eligibility or registration between January 1, 2011, and
December 31, 2013, inclusive, who does not hold a license described
in subdivision (a) of Section 4999.58.
(b) Experience gained outside of California shall be accepted
toward the licensure requirements if it is substantially equivalent
to that required by this chapter, if the applicant complies with
Section 4999.40, if applicable, and if the applicant has gained a
minimum of 250 hours of supervised experience in direct counseling
within California while registered as an intern with the board.
(c) 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.
(d) 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.
(e) 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.
SEC. 52. SEC. 53. Section 4999.58 of
the Business and Professions Code is amended to read:
4999.58. (a) This section applies to a person who applies for
examination eligibility between January 1, 2011, and December 31,
2013, inclusive, and who meets both of the following requirements:
(1) At the time of application, 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.
(2) Has held the license described in paragraph (1) for at least
two years immediately preceding the date of application.
(b) The board may issue a license to a person described in
subdivision (a) if all of the following requirements are satisfied:
(1) The education and supervised experience requirements of the
other jurisdiction are substantially the equivalent of this chapter,
as described in subdivision (e) and in Section 4999.46.
(2) The person complies with subdivision (b) of Section 4999.40,
if applicable.
(3) The person successfully completes the examinations required by
the board pursuant to paragraph (3) of subdivision (a) of Section
4999.50.
(4) 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. 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.
SEC. 53. SEC. 54. Section 4999.59 is
added to the Business and Professions Code, to read:
4999.59. (a) This section applies to a person who applies for
examination eligibility or registration between January 1, 2011, and
December 31, 2013, inclusive, who meets both of the following
requirements:
(1) At the time of application, holds a valid license described in
paragraph (1) of subdivision (a) of Section 4999.58.
(2) Has held the license described in paragraph (1) for less than
two years immediately preceding the date of application.
(b) Experience gained outside of California shall be accepted
toward the licensure requirements if it is substantially equivalent
to that required by this chapter, if the applicant complies with
Section 4999.40, if applicable, and if the applicant has gained a
minimum of 250 hours of supervised 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 in that state as a professional clinical counselor.
(c) 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.
(d) 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.
(e) 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.
SEC. 54. SEC. 55. Section 4999.90 of
the Business and Professions Code is amended to read:
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, fraudulent, misleading,
or deceptive, as defined in Section 651.
(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 a registered intern,
associate clinical social worker, 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.
(aa) Engaging in any conduct that subverts or attempts to subvert
any licensing examination or the administration of an examination as
described in Section 123.
(ab) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice as a clinical
social worker, educational psychologist, or marriage and family
therapist.