BILL NUMBER: AB 2579 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Skinner
FEBRUARY 24, 2012
An act to amend Sections 4980.397, 4980.398, 4980.399, 4980.40,
4980.50, 4984.01, 4984.7, and 4984.72 of the Business and Professions
Code, relating to marriage and family therapists.
LEGISLATIVE COUNSEL'S DIGEST
AB 2579, as introduced, Skinner. Marriage and family therapists:
licensing.
Existing law, the Marriage and Family Therapist Act, provides for
the licensure and regulation of marriage and family therapists and
marriage and family therapist interns and trainees by the Board of
Behavioral Sciences. Existing law, until January 1, 2013, requires
the issuance of a license to practice marriage and family therapy to
qualified applicants, as defined, who pass a board-administered
written or oral examination or, under specified circumstances, a
clinical vignette written examination.
Existing law, on or after January 1, 2013, requires that a license
be issued to qualified applicants upon the passage of a clinical
examination and a California law and ethics examination, subject to
specified fees, and requires applicants for licensure to retake the
law and ethics examination under certain circumstances, as specified.
Existing law, on and after January 1, 2013, requires marriage and
family therapist interns to take the law and ethics examination,
subject to specified fees.
This bill would instead make these provisions operative as of
January 1, 2014.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4980.397 of the Business and Professions Code
is amended to read:
4980.397. (a) Effective January 1, 2013,
2014, an applicant for licensure as a marriage and family
therapist shall pass the following two examinations as prescribed by
the board:
(1) A California law and ethics examination.
(2) A clinical examination.
(b) Upon registration with the board, a marriage and family
therapist intern shall, within the first year of registration, take
an examination on California law and ethics.
(c) A registrant may take the clinical examination only upon
meeting all of the following requirements:
(1) Completion of all required supervised work experience.
(2) Completion of all education requirements.
(3) Passage of the California law and ethics examination.
(d) This section shall become operative on January 1, 2013
2014 .
SEC. 2. Section 4980.398 of the Business and Professions Code is
amended to read:
4980.398. (a) Each applicant who had previously taken and passed
the standard written examination shall also obtain a passing score on
the clinical examination in order to be eligible for licensure.
(b) An applicant who had previously failed to obtain a passing
score on the standard written examination shall obtain a passing
score on the California law and ethics examination and the clinical
examination.
(c) An applicant who had previously failed to obtain a passing
score on the clinical vignette examination shall obtain a passing
score on the clinical examination.
(d) An applicant who had obtained eligibility for the standard
written examination shall take the California law and ethics
examination and the clinical examination.
(e) This section shall become operative on January 1,
2013 2014 .
SEC. 3. Section 4980.399 of the Business and Professions Code is
amended to read:
4980.399. (a) Each applicant and registrant shall obtain a
passing score on a board-administered California law and ethics
examination in order to qualify for licensure.
(b) A registrant shall participate in a board-administered
California law and ethics examination prior to his or her
registration renewal.
(c) If an applicant fails the California law and ethics
examination, he or she may retake the examination, upon payment of
the required fees, without further application except as provided in
subdivision (d).
(d) If a registrant fails to obtain a passing score on the
California law and ethics examination described in subdivision (a)
within his or her first renewal period on or after the operative date
of this section, he or she shall complete, at a minimum, a 12-hour
course in California law and ethics in order to be eligible to
participate in the California law and ethics examination. Registrants
shall only take the 12-hour California law and ethics course once
during a renewal period. The 12-hour law and ethics course required
by the section shall be taken through a board-approved continuing
education provider, a county, state or governmental entity, or a
college or university.
(e) The board shall not issue a subsequent registration number
unless the registrant has passed the California law and ethics
examination.
(f) This section shall become operative on January 1,
2013 2014 .
SEC. 4. Section 4980.40 of the Business and Professions Code, as
amended by Section 5 of Chapter 387 of the Statutes of 2011, is
amended to read:
4980.40. To qualify for a license, an applicant shall have all of
the following qualifications:
(a) Meet the educational requirements of Section 4980.36 or both
Sections 4980.37 and 4980.41, as applicable.
(b) Be at least 18 years of age.
(c) Have at least two years of experience that meet the
requirements of Section 4980.43.
(d) Pass a board administered written or oral examination or both
types of examinations, except that an applicant who passed a written
examination and who has not taken and passed an oral examination
shall instead be required to take and pass a clinical vignette
written examination.
(e) Not have committed acts or crimes constituting grounds for
denial of licensure under Section 480. The board shall not issue a
registration or license to any person who has been convicted of a
crime in this or another state or in a territory of the United States
that involves sexual abuse of children or who is required to
register pursuant to Section 290 of the Penal Code or the equivalent
in another state or territory.
(f) This section shall remain in effect only until January 1,
2013, 2014, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2013, 2014, deletes or
extends that date.
SEC. 5. Section 4980.40 of the Business and Professions Code, as
added by Section 6 of Chapter 387 of the Statutes of 2011, is amended
to read:
4980.40. To qualify for a license, an applicant shall have all of
the following qualifications:
(a) Meet the educational requirements of Section 4980.36 or both
Sections 4980.37 and 4980.41, as applicable.
(b) Be at least 18 years of age.
(c) Have at least two years of experience that meet the
requirements of Section 4980.43.
(d) Effective January 1, 2013, 2014,
successfully pass a California law and ethics examination and a
clinical examination. An applicant who has successfully passed a
previously administered written examination may be subsequently
required to take and pass another written examination.
(e) Not have committed acts or crimes constituting grounds for
denial of licensure under Section 480. The board shall not issue a
registration or license to any person who has been convicted of a
crime in this or another state or in a territory of the United States
that involves sexual abuse of children or who is required to
register pursuant to Section 290 of the Penal Code or the equivalent
in another state or territory.
(f) This section shall become operative on January 1,
2013 2014 .
SEC. 6. Section 4980.50 of the Business and Professions Code, as
amended by Section 7 of Chapter 387 of the Statutes of 2011, is
amended to read:
4980.50. (a) Every applicant who meets the educational and
experience requirements and applies for a license as a marriage and
family therapist shall be examined by the board. The examinations
shall be as set forth in subdivision (d) of Section 4980.40. The
examinations shall be given at least twice a year at a time and place
and under supervision as the board may determine. The board shall
examine the candidate with regard to his or her knowledge and
professional skills and his or her judgment in the utilization of
appropriate techniques and methods.
(b) The board shall not deny any applicant, who has submitted a
complete application for examination, admission to the licensure
examinations required by this section if the applicant meets the
educational and experience requirements of this chapter, and has not
committed any acts or engaged in any conduct that would constitute
grounds to deny licensure.
(c) The board shall not deny any applicant, whose application for
licensure is complete, admission to the standard written examination,
nor shall the board postpone or delay any applicant's standard
written examination or delay informing the candidate of the results
of the standard written examination, solely upon the receipt by the
board of a complaint alleging acts or conduct that would constitute
grounds to deny licensure.
(d) If an applicant for examination who has passed the standard
written examination is the subject of a complaint or is under board
investigation for acts or conduct that, if proven to be true, would
constitute grounds for the board to deny licensure, the board shall
permit the applicant to take the clinical vignette written
examination for licensure, but may withhold the results of the
examination or notify the applicant that licensure will not be
granted pending completion of the investigation.
(e) Notwithstanding Section 135, the board may deny any applicant
who has previously failed either the standard written or clinical
vignette written examination permission to retake either examination
pending completion of the investigation of any complaints against the
applicant. Nothing in this section shall prohibit the board from
denying an applicant admission to any examination, withholding the
results, or refusing to issue a license to any applicant when an
accusation or statement of issues has been filed against the
applicant pursuant to Sections 11503 and 11504 of the Government
Code, respectively, or the applicant has been denied in accordance
with subdivision (b) of Section 485.
(f) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
(g) On or after January 1, 2002, no applicant shall be eligible to
participate in a clinical vignette written examination if his or her
passing score on the standard written examination occurred more than
seven years before.
(h) An applicant who has qualified pursuant to this chapter shall
be issued a license as a marriage and family therapist in the form
that the board may deem appropriate.
(i) This section shall remain in effect only until January 1,
2013, 2014, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2013, 2014, deletes or
extends that date.
SEC. 7. Section 4980.50 of the Business and Professions Code, as
added by Section 8 of Chapter 387 of the Statutes of 2011, is amended
to read:
4980.50. Effective January 1, 2013, 2014,
the following shall apply:
(a) Every applicant who meets the educational and experience
requirements and applies for a license as a marriage and family
therapist shall be examined by the board. The examinations shall be
as set forth in subdivision (d) of Section 4980.40. The examinations
shall be given at least twice a year at a time and place and under
supervision as the board may determine. The board shall examine the
candidate with regard to his or her knowledge and professional skills
and his or her judgment in the utilization of appropriate techniques
and methods.
(b) The board shall not deny any applicant, who has submitted a
complete application for examination, admission to the licensure
examinations required by this section if the applicant meets the
educational and experience requirements of this chapter, and has not
committed any acts or engaged in any conduct that would constitute
grounds to deny licensure.
(c) The board shall not deny any applicant, whose application for
licensure is complete, admission to the clinical examination, nor
shall the board postpone or delay any applicant's clinical
examination or delay informing the candidate of the results of the
clinical examination, solely upon the receipt by the board of a
complaint alleging acts or conduct that would constitute grounds to
deny licensure.
(d) If an applicant for examination who has passed the California
law and ethics examination is the subject of a complaint or is under
board investigation for acts or conduct that, if proven to be true,
would constitute grounds for the board to deny licensure, the board
shall permit the applicant to take the clinical examination for
licensure, but may withhold the results of the examination or notify
the applicant that licensure will not be granted pending completion
of the investigation.
(e) Notwithstanding Section 135, the board may deny any applicant
who has previously failed either the California law and ethics
examination or the clinical examination permission to retake either
examination pending completion of the investigation of any complaints
against the applicant. Nothing in this section shall prohibit the
board from denying an applicant admission to any examination,
withholding the results, or refusing to issue a license to any
applicant when an accusation or statement of issues has been filed
against the applicant pursuant to Sections 11503 and 11504 of the
Government Code, respectively, or the applicant has been denied in
accordance with subdivision (b) of Section 485.
(f) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
(g) Effective January 1, 2013, 2014,
no applicant shall be eligible to participate in the clinical
examination if he or she fails to obtain a passing score on the
clinical examination within seven years from his or her initial
attempt, unless he or she takes and obtains a passing score on the
current version of the California law and ethics examination.
(h) An applicant who has qualified pursuant to this chapter shall
be issued a license as a marriage and family therapist in the form
that the board may deem appropriate.
(i) This section shall become operative on January 1,
2013 2014 .
SEC. 8. Section 4984.01 of the Business and Professions Code, as
amended by Section 9 of Chapter 387 of the Statutes of 2011, is
amended to read:
4984.01. (a) The marriage and family therapist intern
registration shall expire one year from the last day of the month in
which it was issued.
(b) To renew the registration, the registrant shall, on or before
the expiration date of the registration, complete all of the
following actions:
(1) Apply for renewal on a form prescribed by the board.
(2) Pay a renewal fee prescribed by the board.
(3) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, and whether any
disciplinary action has been taken against him or her by a regulatory
or licensing board in this or any other state subsequent to the last
renewal of the registration.
(c) The registration may be renewed a maximum of five times. No
registration shall be renewed or reinstated beyond six years from the
last day of the month during which it was issued, regardless of
whether it has been revoked. When no further renewals are possible,
an applicant may apply for and obtain a new intern registration if
the applicant meets the educational requirements for registration in
effect at the time of the application for a new intern registration.
An applicant who is issued a subsequent intern registration pursuant
to this subdivision may be employed or volunteer in any allowable
work setting except private practice.
(d) This section shall remain in effect only until January 1,
2013, 2014, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2013, 2014, deletes or
extends that date.
SEC. 9. Section 4984.01 of the Business and Professions Code, as
added by Section 10 of Chapter 387 of the Statutes of 2011, is
amended to read:
4984.01. (a) The marriage and family therapist intern
registration shall expire one year from the last day of the month in
which it was issued.
(b) To renew the registration, the registrant shall, on or before
the expiration date of the registration, complete all of the
following actions:
(1) Apply for renewal on a form prescribed by the board.
(2) Pay a renewal fee prescribed by the board.
(3) Participate in the California law and ethics examination
pursuant to Section 4980.399 each year until successful completion of
this examination.
(4) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, and whether any
disciplinary action has been taken against him or her by a regulatory
or licensing board in this or any other state subsequent to the last
renewal of the registration.
(c) The registration may be renewed a maximum of five times. No
registration shall be renewed or reinstated beyond six years from the
last day of the month during which it was issued, regardless of
whether it has been revoked. When no further renewals are possible,
an applicant may apply for and obtain a new intern registration if
the applicant meets the educational requirements for registration in
effect at the time of the application for a new intern registration
and has passed the California law and ethics examination described in
Section 4980.399. An applicant who is issued a subsequent intern
registration pursuant to this subdivision may be employed or
volunteer in any allowable work setting except private practice.
(d) This section shall become operative on January 1,
2013 2014 .
SEC. 10. Section 4984.7 of the Business and Professions Code, as
amended by Section 11 of Chapter 387 of the Statutes of 2011, is
amended to read:
4984.7. (a) The board shall assess the following fees relating to
the licensure of marriage and family therapists:
(1) The application fee for an intern registration shall be
seventy-five dollars ($75).
(2) The renewal fee for an intern registration shall be
seventy-five dollars ($75).
(3) The fee for the application for examination eligibility shall
be one hundred dollars ($100).
(4) The fee for the standard written examination shall be one
hundred dollars ($100). The fee for the clinical vignette examination
shall be one hundred dollars ($100).
(A) An applicant who fails to appear for an examination, after
having been scheduled to take the examination, shall forfeit the
examination fee.
(B) The amount of the examination fees shall be based on the
actual cost to the board of developing, purchasing, and grading each
examination and the actual cost to the board of administering each
examination. The examination fees shall be adjusted periodically by
regulation to reflect the actual costs incurred by the board.
(5) The fee for rescoring an examination shall be twenty dollars
($20).
(6) The fee for issuance of an initial license shall be a maximum
of one hundred eighty dollars ($180).
(7) The fee for license renewal shall be a maximum of one hundred
eighty dollars ($180).
(8) The fee for inactive license renewal shall be a maximum of
ninety dollars ($90).
(9) The renewal delinquency fee shall be a maximum of ninety
dollars ($90). A person who permits his or her license to expire is
subject to the delinquency fee.
(10) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
(11) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
(12) The fee for issuance of a retired license shall be forty
dollars ($40).
(b) With regard to license, examination, and other fees, the board
shall establish fee amounts at or below the maximum amounts
specified in this chapter.
(c) This section shall remain in effect only until January 1,
2013, 2014, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2013, 2014, deletes or
extends that date.
SEC. 11. Section 4984.7 of the Business and Professions Code, as
added by Section 12 of Chapter 387 of the Statutes of 2011, is
amended to read:
4984.7. (a) The board shall assess the following fees relating to
the licensure of marriage and family therapists:
(1) The application fee for an intern registration shall be
seventy-five dollars ($75).
(2) The renewal fee for an intern registration shall be
seventy-five dollars ($75).
(3) The fee for the application for examination eligibility shall
be one hundred dollars ($100).
(4) The fee for the clinical examination shall be one hundred
dollars ($100). The fee for the California law and ethics examination
shall be one hundred dollars ($100).
(A) An applicant who fails to appear for an examination, after
having been scheduled to take the examination, shall forfeit the
examination fee.
(B) The amount of the examination fees shall be based on the
actual cost to the board of developing, purchasing, and grading each
examination and the actual cost to the board of administering each
examination. The examination fees shall be adjusted periodically by
regulation to reflect the actual costs incurred by the board.
(5) The fee for rescoring an examination shall be twenty dollars
($20).
(6) The fee for issuance of an initial license shall be a maximum
of one hundred eighty dollars ($180).
(7) The fee for license renewal shall be a maximum of one hundred
eighty dollars ($180).
(8) The fee for inactive license renewal shall be a maximum of
ninety dollars ($90).
(9) The renewal delinquency fee shall be a maximum of ninety
dollars ($90). A person who permits his or her license to expire is
subject to the delinquency fee.
(10) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
(11) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
(12) The fee for issuance of a retired license shall be forty
dollars ($40).
(b) With regard to license, examination, and other fees, the board
shall establish fee amounts at or below the maximum amounts
specified in this chapter.
(c) This section shall become operative on January 1,
2013 2014 .
SEC. 12. Section 4984.72 of the Business and Professions Code, as
amended by Section 13 of Chapter 387 of the Statutes of 2011, is
amended to read:
4984.72. (a) An applicant who fails a standard or clinical
vignette written examination may, within one year from the
notification date of that failure, retake the examination as
regularly scheduled without further application upon payment of the
fee for the examination. Thereafter, the applicant shall not be
eligible for further examination until he or she files a new
application, meets all requirements in effect on the date of
application, and pays all required fees.
(b) This section shall remain in effect only until January 1,
2013, 2014, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1 , 2013, 2014, deletes or
extends that date.
SEC. 13. Section 4984.72 of the Business and Professions Code, as
added by Section 14 of Chapter 387 of the Statutes of 2011, is
amended to read:
4984.72. (a) Effective January 1, 2013,
2014, an applicant who fails the clinical examination may,
within one year from the notification date of that failure, retake
the examination as regularly scheduled without further application
upon payment of the fee for the examination. Thereafter, the
applicant shall not be eligible for further examination until he or
she files a new application, meets all requirements in effect on the
date of application, and pays all required fees.
(b) This section shall become operative on January 1,
2013 2014 .