BILL NUMBER: SB 704	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 18, 2011

   An act to amend Section 4996.28 of, to amend, add, and repeal
Sections 4992.1, 4996.1, 4996.3, and 4996.4 of, to amend, repeal, and
add Sections 4980.40, 4980.50, 4984.01, 4984.7, and 4984.72 of, and
to add Sections 4980.397, 4980.398, 4980.399, 4992.05, 4992.07, and
4992.09 to, the Business and Professions Code, relating to healing
arts.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 704, as introduced, Negrete McLeod. Healing arts: licensees:
Board of Behavioral Sciences.
   Existing law provides for the licensure and regulation of marriage
and family therapists and marriage and family therapist interns by
the Board of Behavioral Sciences. Existing law requires the issuance
of a license to practice marriage and family therapy to qualified
applicants who pass a board-administered written or oral examination
or, under specified circumstances, a clinical vignette written
examination. Existing law also provides for the licensure and
regulation of social workers by the Board of Behavioral Sciences.
Existing law requires each applicant to be examined by the board and,
on and after January 1, 2014, upon a specified determination by the
board, requires the issuance of a license to each applicant or
registrant meeting specified requirements who successfully passes the
Association of Social Work Boards Clinical Level Examination
administered by the Association of Social Work Boards and a separate
California jurisprudence and ethics examination incorporated or
developed and administered by the board.
   This bill would repeal those provisions that would have become
operative on January 1, 2014. The bill would instead, for the
practice areas of marriage and family therapy and social work, revise
and recast provisions related to examinations to require, on and
after January 1, 2013, the passage of specified clinical examinations
and a California law and ethics examination, subject to specified
fees. The bill would require applicants for licensure to retake the
law and ethics examination under certain circumstances. The bill
would, on and after January 1, 2013, require marriage and family
therapist interns and associate clinical social workers to take the
law and ethics examination, subject to specified fees. The bill would
authorize the board to adopt the Association of Social Work Boards
Clinical Level Examination as the clinical examination for social
workers, upon a specified determination.
   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 4980.397 is added to the Business and
Professions Code, to read:
   4980.397.  (a) Effective January 1, 2013, 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.
  SEC. 2.  Section 4980.398 is added to the Business and Professions
Code, 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.
  SEC. 3.  Section 4980.399 is added to the Business and Professions
Code, 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.
  SEC. 4.  Section 4980.40 of the Business and Professions Code 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, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
  SEC. 5.  Section 4980.40 is added to the Business and Professions
Code, to read:
   4980.40.  To qualify for a license, an applicant shall have all
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, 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.
  SEC. 6.  Section 4980.50 of the Business and Professions Code 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, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
  SEC. 7.  Section 4980.50 is added to the Business and Professions
Code, to read:
   4980.50.  Effective January 1, 2013, 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, 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.
  SEC. 8.  Section 4984.01 of the Business and Professions Code 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, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
  SEC. 9.  Section 4984.01 is added to the Business and Professions
Code, 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.
  SEC. 10.  Section 4984.7 of the Business and Professions Code 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, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
  SEC. 11.  Section 4984.7 is added to the Business and Professions
Code, 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.
  SEC. 12.  Section 4984.72 of the Business and Professions Code 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, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
  SEC. 13.  Section 4984.72 is added to the Business and Professions
Code, to read:
   4984.72.  (a) Effective January 1, 2013, 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.
  SEC. 14.  Section 4992.05 is added to the Business and Professions
Code, to read:
   4992.05.  (a) Effective January 1, 2013, an applicant for
licensure as a clinical social worker 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, an associate social worker
registrant 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 education requirements.
   (2) Passage of the California law and ethics examination.
   (3) Completion of all required supervised work experience.
   (d) It is the intent of the Legislature that the national
licensing examination, the Association of Social Work Boards Clinical
Level Examination administered by the Association of Social Work
Boards, be evaluated by the board as a requirement for licensure as a
clinical social worker. If the board finds that this examination
meets the prevailing standards for validation and use of the
licensing and certification tests in California, the board may
establish by regulation that this examination is to be used as the
clinical examination.
   (e) This section shall become operative on January 1, 2013.
  SEC. 15.  Section 4992.07 is added to the Business and Professions
Code, to read:
   4992.07.  (a) An 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.
  SEC. 16.  Section 4992.09 is added to the Business and Professions
Code, to read:
   4992.09.  (a) An 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 for 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.
  SEC. 17.  Section 4992.1 of the Business and Professions Code, as
amended by Section 1 of Chapter 546 of the Statutes of 2010, is
amended to read:
   4992.1.  (a) Only individuals who have the qualifications
prescribed by the board under this chapter are eligible to take the
examination.
   (b) Every applicant who is issued a clinical social worker license
shall be examined by the board.
   (c) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
   (d) The board shall not deny any applicant, whose application for
licensure is complete, admission to the standard written examination,
nor shall the board postpone or delay any applicant's standard
written examination or delay informing the candidate of the results
of the standard written examination, solely upon the receipt by the
board of a complaint alleging acts or conduct that would constitute
grounds                                              to deny
licensure.
   (e) If an applicant for examination who has passed the standard
written examination is the subject of a complaint or is under board
investigation for acts or conduct that, if proven to be true, would
constitute grounds for the board to deny licensure, the board shall
permit the applicant to take the clinical vignette written
examination for licensure, but may withhold the results of the
examination or notify the applicant that licensure will not be
granted pending completion of the investigation.
   (f) Notwithstanding Section 135, the board may deny any applicant
who has previously failed either the standard written or clinical
vignette written examination permission to retake either examination
pending completion of the investigation of any complaint against the
applicant. Nothing in this section shall prohibit the board from
denying an applicant admission to any examination, withholding the
results, or refusing to issue a license to any applicant when an
accusation or statement of issues has been filed against the
applicant pursuant to Section 11503 or 11504 of the Government Code,
or the applicant has been denied in accordance with subdivision (b)
of Section 485.
   (g) On or after January 1, 2002, no applicant shall be eligible to
participate in a clinical vignette written examination if his or her
passing score on the standard written examination occurred more than
seven years before. 
   (h) This section shall become inoperative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative.  
   (i) This section is repealed as of the January 1 following the
date that it becomes inoperative.  
   (h) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
  SEC. 18.  Section 4992.1 is added to the Business and Professions
Code, to read:
   4992.1.  (a) Only individuals who have the qualifications
prescribed by the board under this chapter are eligible to take an
examination under this chapter.
   (b) Every applicant who is issued a clinical social worker license
shall be examined by the board.
   (c) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
   (d) The board shall not deny any applicant, whose application for
licensure is complete, admission to the 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.
   (e) 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.
   (f) 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 complaint
against the applicant. Nothing in this section shall prohibit the
board from denying an applicant admission to any examination,
withholding the results, or refusing to issue a license to any
applicant when an accusation or statement of issues has been filed
against the applicant pursuant to Section 11503 or 11504 of the
Government Code, or the applicant has been denied in accordance with
subdivision (b) of Section 485.
   (g) Effective January 1, 2013, 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) This section shall become operative on January 1, 2013.
  SEC. 19.  Section 4992.1 of the Business and Professions Code, as
added by Section 2 of Chapter 546 of the Statutes of 2010, is
repealed. 
   4992.1.  (a) Only individuals who have the qualifications
prescribed by the board under this chapter are eligible to take the
examination.
   (b) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
   (c) If an applicant who has passed the examination described in
paragraph (1) of subdivision (a) of Section 4996.1 is the subject of
a complaint or is under board investigation for acts or conduct that,
if proven to be true, would constitute grounds for the board to deny
licensure, the board shall permit the applicant to take the
California jurisprudence and ethics examination, but may withhold the
results of the examination or notify the applicant that licensure
will not be granted pending completion of the investigation.
   (d) Notwithstanding Section 135, the board may deny any applicant
who has previously failed the examination permission to retake the
examination pending completion of the investigation of any complaint
against the applicant. Nothing in this section shall prohibit the
board from denying an applicant admission to any examination,
withholding the results, or refusing to issue a license to any
applicant when an accusation or statement of issues has been filed
against the applicant pursuant to Section 11503 or 11504 of the
Government Code, or the applicant has been denied in accordance with
subdivision (b) of Section 485.
   (e) This section shall become operative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative. 
  SEC. 20.  Section 4996.1 of the Business and Professions Code, as
amended by Section 3 of Chapter 546 of the Statutes of 2010, is
amended to read:
   4996.1.  (a) The board shall issue a clinical social worker
license to each applicant who qualifies pursuant to this article and
successfully passes a board-administered written or oral examination
or both examinations. An applicant who has successfully passed a
previously administered written examination may be subsequently
required to take and pass another written examination. 
   (b) This section shall become inoperative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative.  
   (c) This section is repealed as of the January 1 following the
date that it becomes inoperative.  
   (b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
  SEC. 21.  Section 4996.1 is added to the Business and Professions
Code, to read:
   4996.1.  (a) Effective January 1, 2013, the board shall issue a
clinical social worker license to each applicant who qualifies
pursuant to this article and who successfully passes 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.
   (b) This section shall become operative on January 1, 2013.
  SEC. 22.  Section 4996.1 of the Business and Professions Code, as
added by Section 4 of Chapter 546 of the Statutes of 2010, is
repealed. 
   4996.1.  (a) The board shall issue a clinical social worker
license to each applicant who qualifies pursuant to this article and
successfully passes both of the following:
   (1) The Association of Social Work Boards Clinical Level Exam
administered by the Association of Social Work Boards.
   (2) A California jurisprudence and ethics examination incorporated
or developed and administered by the board.
   (b) For the purposes of this chapter, the term "examination" or
"examinations" shall include both examinations described in
subdivision (a).
   (c) This section shall become operative on January 1, 2014, only
if the board determines by December 1, 2013, by regulation, that the
examination described in paragraph (1) of subdivision (a) meets the
prevailing standards for validation and use of the licensing and
certification tests in California. The board shall immediately post
this determination on the main page of its Internet Web site.

  SEC. 23.  Section 4996.3 of the Business and Professions Code, as
amended by Section 5.3 of Chapter 548 of the Statutes of 2010, is
amended to read:
   4996.3.  (a) The board shall assess the following fees relating to
the licensure of clinical social workers:
   (1) The application fee for registration as an associate clinical
social worker shall be seventy-five dollars ($75).
   (2) The fee for renewal of an associate clinical social worker
registration shall be seventy-five dollars ($75).
   (3) The fee for application for examination eligibility shall be
one hundred dollars ($100).
   (4) The fee for the standard written examination shall be a
maximum of one hundred fifty dollars ($150). The fee for the clinical
vignette examination shall be one hundred dollars ($100).
   (A) An applicant who fails to appear for an examination, after
having been scheduled to take the examination, shall forfeit the
examination fees.
   (B) The amount of the examination fees shall be based on the
actual cost to the board of developing, purchasing, and grading each
examination and the actual cost to the board of administering each
examination. The written examination fees shall be adjusted
periodically by regulation to reflect the actual costs incurred by
the board.
   (5) The fee for rescoring an examination shall be twenty dollars
($20).
   (6) The fee for issuance of an initial license shall be a maximum
of one hundred fifty-five dollars ($155).
   (7) The fee for license renewal shall be a maximum of one hundred
fifty-five dollars ($155).
   (8) The fee for inactive license renewal shall be a maximum of
seventy-seven dollars and fifty cents ($77.50).
   (9) The renewal delinquency fee shall be seventy-five dollars
($75). A person who permits his or her license to expire is subject
to the delinquency fee.
   (10) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
   (11) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
   (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 inoperative on the date that Section
4996.1, as added by Section 4 of Assembly Bill 2167 of the 2009-10
Regular Session, becomes operative.  
   (d) This section is repealed as of the January 1 following the
date that it becomes inoperative.  
   (c) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
  SEC. 24.  Section 4996.3 is added to the Business and Professions
Code, to read:
   4996.3.  (a) The board shall assess the following fees relating to
the licensure of clinical social workers:
   (1) The application fee for registration as an associate clinical
social worker shall be seventy-five dollars ($75).
   (2) The fee for renewal of an associate clinical social worker
registration shall be seventy-five dollars ($75).
   (3) The fee for application for examination eligibility shall be
one hundred dollars ($100).
   (4) The fee for the 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 fees.
   (B) The amount of the examination fees shall be based on the
actual cost to the board of developing, purchasing, and grading each
examination and the actual cost to the board of administering each
examination. The written examination fees shall be adjusted
periodically by regulation to reflect the actual costs incurred by
the board.
   (5) The fee for rescoring an examination shall be twenty dollars
($20).
   (6) The fee for issuance of an initial license shall be a maximum
of one hundred fifty-five dollars ($155).
   (7) The fee for license renewal shall be a maximum of one hundred
fifty-five dollars ($155).
   (8) The fee for inactive license renewal shall be a maximum of
seventy-seven dollars and fifty cents ($77.50).
   (9) The renewal delinquency fee shall be seventy-five dollars
($75). A person who permits his or her license to expire is subject
to the delinquency fee.
   (10) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
   (11) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
   (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.
  SEC. 25.  Section 4996.3 of the Business and Professions Code, as
added by Section 6 of Chapter 546 of the Statutes of 2010, is
repealed. 
   4996.3.  (a) The board shall assess the following fees relating to
the licensure of clinical social workers:
   (1) The application fee for registration as an associate clinical
social worker shall be seventy-five dollars ($75).
   (2) The fee for renewal of an associate clinical social worker
registration shall be seventy-five dollars ($75).
   (3) The fee for application for examination eligibility shall be
one hundred dollars ($100).
   (4) The fee for the California jurisprudence and ethics
examination shall be a maximum of one hundred dollars ($100).
   (A) An applicant who fails to appear for an examination, after
having been scheduled to take the examination, shall forfeit the
examination fees.
   (B) The amount of the California jurisprudence and ethics
examination fees shall be based on the actual cost to the board of
developing, purchasing, and grading that examination and the actual
cost to the board of administering each California jurisprudence and
ethics examination. The California jurisprudence and ethics
examination fees shall be adjusted periodically by regulation to
reflect the actual costs incurred by the board.
   (5) The fee for issuance of an initial license shall be a maximum
of one hundred fifty-five dollars ($155).
   (6) The fee for license renewal shall be a maximum of one hundred
fifty-five dollars ($155).
   (7) The fee for inactive license renewal shall be a maximum of
seventy-seven dollars and fifty cents ($77.50).
   (8) The renewal delinquency fee shall be seventy-five dollars
($75). A person who permits his or her license to expire is subject
to the delinquency fee.
   (9) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
   (10) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
   (b) With regard to license, examination, and other fees, the board
shall establish fee amounts at or below the maximum amounts
specified in this chapter.
   (c) This section shall become operative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative. 
  SEC. 26.  Section 4996.3 of the Business and Professions Code, as
added by Section 5.6 of Chapter 548 of the Statutes of 2010, is
repealed. 
   4996.3.  (a) The board shall assess the following fees relating to
the licensure of clinical social workers:
   (1) The application fee for registration as an associate clinical
social worker shall be seventy-five dollars ($75).
   (2) The fee for renewal of an associate clinical social worker
registration shall be seventy-five dollars ($75).
   (3) The fee for application for examination eligibility shall be
one hundred dollars ($100).
   (4) The fee for the California jurisprudence and ethics
examination shall be a maximum of one hundred dollars ($100).
   (A) An applicant who fails to appear for an examination, after
having been scheduled to take the examination, shall forfeit the
examination fees.
   (B) The amount of the California jurisprudence and ethics
examination fees shall be based on the actual cost to the board of
developing, purchasing, and grading that examination and the actual
cost to the board of administering each California jurisprudence and
ethics examination. The California jurisprudence and ethics
examination fees shall be adjusted periodically by regulation to
reflect the actual costs incurred by the board.
   (5) The fee for issuance of an initial license shall be a maximum
of one hundred fifty-five dollars ($155).
   (6) The fee for license renewal shall be a maximum of one hundred
fifty-five dollars ($155).
   (7) The fee for inactive license renewal shall be a maximum of
seventy-seven dollars and fifty cents ($77.50).
   (8) The renewal delinquency fee shall be seventy-five dollars
($75). A person who permits his or her license to expire is subject
to the delinquency fee.
   (9) The fee for issuance of a replacement registration, license,
or certificate shall be twenty dollars ($20).
   (10) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
   (11) 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 the date that Section
4996.1, as added by Section 4 of Assembly Bill 2167 of the 2009-10
Regular Session, becomes operative. 
  SEC. 27.  Section 4996.4 of the Business and Professions Code, as
amended by Section 7 of Chapter 546 of the Statutes of 2010, is
amended to read:
   4996.4.  (a) An applicant who fails a standard or clinical
vignette written examination may  ,  within one year from
the notification date of failure, retake that examination as
regularly scheduled, without further application, upon payment of the
required examination fees. Thereafter, the applicant shall not be
eligible for further examination until he or she files a new
application, meets all current requirements, and pays all required
fees. 
   (b) This section shall become inoperative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative.  
   (c) This section is repealed as of the January 1 following the
date that it becomes inoperative.  
   (b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
  SEC. 28.  Section 4996.4 is added to the Business and Professions
Code, to read:
   4996.4.  (a) Effective January 1, 2013, an applicant who fails the
clinical examination may, within one year from the notification date
of failure, retake that examination as regularly scheduled, without
further application, upon payment of the required examination fees.
Thereafter, the applicant shall not be eligible for further
examination until he or she files a new application, meets all
current requirements, and pays all required fees.
   (b) This section shall become operative on January 1, 2013.
  SEC. 29.  Section 4996.4 of the Business and Professions Code, as
added by Section 8 of Chapter 546 of the Statutes of 2010, is
repealed. 
   4996.4.  (a) An applicant who fails the examination may within one
year from the notification date of failure, retake that examination
as regularly scheduled, without further application, upon payment of
the required examination fees. Thereafter, the applicant shall not be
eligible for further examination until he or she files a new
application, meets all current requirements, and pays all required
fees.
   (b) This section shall become operative on the date that Section
4996.1, as added by Section 4 of the act adding this subdivision,
becomes operative. 
  SEC. 30.  Section 4996.28 of the Business and Professions Code is
amended to read:
   4996.28.  (a) Registration as an associate clinical social worker
shall expire one year from the last day of the month during which it
was issued. To renew a 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 by a regulatory or licensing board
in this or any other state, subsequent to the last renewal of the
registration. 
   (4) On and after January 1, 2013, obtain a passing score on the
California law and ethics examination pursuant to Section 4992.09.

   (b) A registration as an associate clinical social worker may be
renewed a maximum of five times. When no further renewals are
possible, an applicant may apply for and obtain a new associate
clinical social worker registration if the applicant meets all
requirements for registration in effect at the time of his or her
application for a new associate clinical social worker registration.
An applicant issued a subsequent associate registration pursuant to
this subdivision may be employed or volunteer in any allowable work
setting except private practice.