BILL NUMBER: SB 704 CHAPTERED
BILL TEXT
CHAPTER 387
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2011
APPROVED BY GOVERNOR SEPTEMBER 30, 2011
PASSED THE SENATE SEPTEMBER 1, 2011
PASSED THE ASSEMBLY AUGUST 31, 2011
AMENDED IN ASSEMBLY AUGUST 25, 2011
AMENDED IN ASSEMBLY JUNE 6, 2011
AMENDED IN SENATE MAY 5, 2011
INTRODUCED BY Senator Negrete McLeod
FEBRUARY 18, 2011
An act to amend Sections 4996.28 and 4999.120 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, 4984.72,
4999.45, 4999.46, 4999.50, 4999.52, and 4999.100 of, and to add
Sections 4980.397, 4980.398, 4980.399, 4992.05, 4992.07, 4992.09,
4999.53, 4999.55, 4999.63, and 4999.64 to, the Business and
Professions Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 704, 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 and
trainees by the Board of Behavioral Sciences. Existing law 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 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.
Existing law, the Licensed Professional Clinical Counselor Act,
provides for the licensure and regulation of professional clinical
counselors and interns by the Board of Behavioral Sciences. Existing
law authorizes the board to issue a license to any person meeting
specified educational requirements, satisfying the supervised
experience requirement, and providing evidence of a passing score on
a national licensing examination, as determined 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, social work, and
professional clinical counselors, 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, as specified. The bill would, on and
after January 1, 2013, require marriage and family therapist interns,
associate clinical social workers, and professional clinical
counselor interns 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.
This bill would incorporate additional changes in Section 4999.120
of the Business and Professions Code proposed by SB 146, to be
operative only if SB 146 and this bill are both chaptered and become
effective on or before January 1, 2012, and this bill is chaptered
last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) It is the intent of the Legislature that the Board
of Behavioral Sciences expedite its efforts to evaluate the
Association of Social Work Boards Clinical Level Examination
administered by the Association of Social Work Boards as a
requirement for licensure as a clinical social worker and, if the
board finds that this examination meets the prevailing standards for
validation and use of licensing and certification tests in
California, establish by regulation that this examination is to be
used as the clinical examination.
(b) It is the intent of the Legislature that the Board of
Behavioral Sciences expedite its efforts to evaluate the Examination
in Marital and Family Therapy administered by the Association of
Marital and Family Therapy Regulatory Board as a requirement for
licensure as a marriage and family therapist and, if the board finds
that this examination meets the prevailing standards for validation
and use of licensing and certification tests in California, establish
by regulation that this examination is to be used as the clinical
examination.
SEC. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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 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, 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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) This section shall become operative on January 1, 2013.
SEC. 16. 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. 17. 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. 18. 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 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. 19. 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. 20. Section 4992.1 of the Business and Professions Code, as
added by Section 2 of Chapter 546 of the Statutes of 2010, is
repealed.
SEC. 21. 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 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. 22. 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. 23. Section 4996.1 of the Business and Professions Code, as
added by Section 4 of Chapter 546 of the Statutes of 2010, is
repealed.
SEC. 24. 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 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. 25. 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. 26. Section 4996.3 of the Business and Professions Code, as
added by Section 6 of Chapter 546 of the Statutes of 2010, is
repealed.
SEC. 27. 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.
SEC. 28. 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 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. 29. 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. 30. Section 4996.4 of the Business and Professions Code, as
added by Section 8 of Chapter 546 of the Statutes of 2010, is
repealed.
SEC. 31. 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.
SEC. 32. Section 4999.45 of the Business and Professions Code is
amended to read:
4999.45. An intern employed under this chapter shall:
(a) Not perform any duties, except for those services provided as
a clinical counselor trainee, until registered as an intern.
(b) Not be employed or volunteer in a private practice until
registered as an intern.
(c) Inform each client prior to performing any professional
services that he or she is unlicensed and under supervision.
(d) File for renewal annually for a maximum of five years after
initial registration with the board.
(e) Cease continued employment as an intern after six years unless
the requirements of subdivision (f) are met.
(f) When no further renewals are possible, an applicant may apply
for and obtain a new intern registration if the applicant meets the
educational requirements for registration in effect at the time of
the application for a new intern registration. An applicant issued a
subsequent intern registration pursuant to this subdivision may be
employed or volunteer in any allowable work setting except private
practice.
(g) 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. 33. Section 4999.45 is added to the Business and Professions
Code, to read:
4999.45. (a) An intern employed under this chapter shall:
(1) Not perform any duties, except for those services provided as
a clinical counselor trainee, until registered as an intern.
(2) Not be employed or volunteer in a private practice until
registered as an intern.
(3) Inform each client prior to performing any professional
services that he or she is unlicensed and under supervision.
(4) File for renewal annually for a maximum of five years after
initial registration with the board.
(5) Cease continued employment as an intern after six years unless
the requirements of subdivision (b) are met.
(b) 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 4999.53.
An applicant issued a subsequent intern registration pursuant to this
subdivision may be employed or volunteer in any allowable work
setting except private practice.
(c) This section shall become operative on January 1, 2013.
SEC. 34. Section 4999.46 of the Business and Professions Code is
amended to read:
4999.46. (a) To qualify for the licensure examinations specified
in subdivision (c) of Section 4999.52, 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 setting described in Section 4999.44 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.
(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. 35. Section 4999.46 is added to the Business and Professions
Code, to read:
4999.46. (a) To qualify for the licensure examination specified
by paragraph (2) of subdivision (a) of Section 4999.53, 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 setting described in Section 4999.44 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.
(h) This section shall become operative on January 1, 2013.
SEC. 36. Section 4999.50 of the Business and Professions Code is
amended to read:
4999.50. (a) The board may issue a professional clinical
counselor license to any person who meets all of the following
requirements:
(1) He or she has received a master's or doctoral degree described
in Section 4999.32 or 4999.33, as applicable.
(2) He or she has completed at least 3,000 hours of supervised
experience in the practice of professional clinical counseling as
provided in Section 4999.46.
(3) He or she provides evidence of a passing score, as determined
by the board, on examinations designated by the board pursuant to
Section 4999.52.
(b) An applicant who has satisfied the requirements of this
chapter shall be issued a license as a professional clinical
counselor in the form that the board may deem appropriate.
(c) The board shall begin accepting applications for examination
eligibility on January 1, 2012.
(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. 37. Section 4999.50 is added to the Business and Professions
Code, to read:
4999.50. (a) The board may issue a professional clinical
counselor license to any person who meets all of the following
requirements:
(1) He or she has received a master's or doctoral degree described
in Section 4999.32 or 4999.33, as applicable.
(2) He or she has completed at least 3,000 hours of supervised
experience in the practice of professional clinical counseling as
provided in Section 4999.46.
(3) He or she provides evidence of a passing score, as determined
by the board, on the examinations designated in Section 4999.53.
(b) An applicant who has satisfied the requirements of this
chapter shall be issued a license as a professional clinical
counselor in the form that the board may deem appropriate.
(c) This section shall become operative on January 1, 2013.
SEC. 38. Section 4999.52 of the Business and Professions Code is
amended to read:
4999.52. (a) Except as provided in Sections 4999.54 and 4999.56,
every applicant for a license as a professional clinical counselor
shall be examined by the board. The board shall examine the candidate
with regard to his or her knowledge and professional skills and his
or her judgment in the utilization of appropriate techniques and
methods.
(b) The examinations shall be given at least twice a year at a
time and place and under supervision as the board may determine.
(c) (1) It is the intent of the Legislature that national
licensing examinations, such as the National Counselor Examination
for Licensure and Certification (NCE) and the National Clinical
Mental Health Counselor Examination (NCMHCE), be evaluated by the
board as requirements for licensure as a professional clinical
counselor.
(2) The board shall evaluate various national examinations in
order to determine whether they meet the prevailing standards for the
validation and use of licensing and certification tests in
California.
(3) The Department of Consumer Affairs' Office of Professional
Examination Services shall review the occupational analysis that was
used for developing the national examinations in order to determine
if it adequately describes the licensing group and adequately
determines the tasks, knowledge, skills, and abilities the licensed
professional clinical counselor would need to perform the functions
under this chapter.
(4) Examinations shall measure knowledge and abilities
demonstrably important to the safe, effective practice of the
profession.
(5) If national examinations do not meet the standards specified
in paragraph (2), the board may require a passing score on either of
the following:
(A) The national examinations plus one or more board-developed
examinations.
(B) One or more board-developed examinations.
(6) The licensing examinations shall also incorporate a California
law and ethics examination element that is acceptable to the board,
or, as an alternative, the board may develop a separate California
law and ethics examination.
(d) The board shall not deny any applicant who has submitted a
complete application for examination admission to the licensure
examinations required by this section if the applicant meets the
educational and experience requirements of this chapter, and has not
committed any acts or engaged in any conduct that would constitute
grounds to deny licensure.
(e) The board shall not deny any applicant whose application for
licensure is complete admission to the examinations, nor shall the
board postpone or delay any applicant's examinations or delay
informing the candidate of the results of the examinations, solely
upon the receipt by the board of a complaint alleging acts or conduct
that would constitute grounds to deny licensure.
(f) If an applicant for examination is the subject of a complaint
or is under board investigation for acts or conduct that, if proven
to be true, would constitute grounds for the board to deny licensure,
the board shall permit the applicant to take the examinations, but
may notify the applicant that licensure will not be granted pending
completion of the investigation.
(g) Notwithstanding Section 135, the board may deny any applicant
who has previously failed an examination permission to retake that
examination pending completion of the investigation of any complaints
against the applicant.
(h) Nothing in this section shall prohibit the board from denying
an applicant admission to any examination, withholding the results,
or refusing to issue a license to any applicant when an accusation or
statement of issues has been filed against the applicant pursuant to
Section 11503 or 11504 of the Government Code, respectively, or the
application has been denied in accordance with subdivision (b) of
Section 485.
(i) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
(j) 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. 39. Section 4999.52 is added to the Business and Professions
Code, to read:
4999.52. (a) Except as provided in Sections 4999.54 and 4999.56,
every applicant for a license as a professional clinical counselor
shall be examined by the board. The board shall examine the candidate
with regard to his or her knowledge and professional skills and his
or her judgment in the utilization of appropriate techniques and
methods.
(b) The examinations shall be given at least twice a year at a
time and place and under supervision as the board may determine.
(c) 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.
(d) The board shall not deny any applicant whose application for
licensure is complete admission to the examinations specified by
paragraph (2) of subdivision (a) of Section 4999.53, nor shall the
board postpone or delay this examination for any applicant or delay
informing the candidate of the results of this 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 the examination specified by paragraph (2)
of subdivision (a) of Section 4999.53, 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 this examination, but may
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 examination specified by paragraph (2) of
subdivision (a) of Section 4999.53, permission to retake either
examination pending completion of the investigation of any complaints
against the applicant.
(g) Nothing in this section shall prohibit the board from denying
an applicant admission to any examination, withholding the results,
or refusing to issue a license to any applicant when an accusation or
statement of issues has been filed against the applicant pursuant to
Section 11503 or 11504 of the Government Code, respectively, or the
application has been denied in accordance with subdivision (b) of
Section 485.
(h) Notwithstanding any other provision of law, the board may
destroy all examination materials two years following the date of an
examination.
(i) On and after January 1, 2013, the examination specified by
paragraph (2) of subdivision (a) of Section 4999.53 shall be passed
within seven years of an applicant's initial attempt.
(j) No applicant shall be eligible to participate in the
examination specified by paragraph (2) of subdivision (a) of Section
4999.53, if he or she fails to obtain a passing score on this
examination within seven years from his or her initial attempt. If
the applicant fails to obtain a passing score within seven years of
initial attempt, he or she shall obtain a passing score on the
current version of the California law and ethics examination in order
to be eligible to retake this examination.
(k) The provisions of this section shall become operative on
January 1, 2013.
SEC. 40. Section 4999.53 is added to the Business and Professions
Code, to read:
4999.53. (a) Effective January 1, 2013, a clinical counselor
intern applying for licensure as a clinical counselor shall pass the
following examinations as prescribed by the board:
(1) A California law and ethics examination.
(2) A clinical examination administered by the board, or the
National Clinical Mental Health Counselor Examination if the board
finds that this examination meets the prevailing standards for
validation and use of the licensing and certification tests in
California.
(b) Upon registration with the board, a clinical counselor intern
shall, within the first year of registration, take an examination on
California law and ethics.
(c) A registrant may take the clinical examination or the National
Clinical Mental Health Counselor Examination, as established by the
board through regulation, 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. 41. Section 4999.55 is added to the Business and Professions
Code, to read:
4999.55. (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 exam, 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 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 this 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 January 1, 2013.
SEC. 42. Section 4999.63 is added to the Business and Professions
Code, to read:
4999.63. (a) For applicants who submit an application for a
license on or before January 1, 2013, a valid passing score on the
examination referenced in subdivision (c) of Section 4999.52 shall
have been obtained less than seven years prior to the application
date.
(b) For applicants who submit an application for a license on and
after January 1, 2013, a valid passing score on the examination
referenced in paragraph (2) of subdivision (a) of Section 4999.53
shall have been obtained less than seven years prior to the
application date.
SEC. 43. Section 4999.64 is added to the Business and Professions
Code, to read:
4999.64. (a) Effective January 1, 2013, an applicant who fails
the examination specified in paragraph (2) of subdivision (a) of
Section 4999.53 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. 44. Section 4999.100 of the Business and Professions Code is
amended to read:
4999.100. (a) An intern registration shall expire one year from
the last day of the month in which it was issued.
(b) To renew a registration, the registrant shall, on or before
the expiration date of the registration, do the following:
(1) Apply for a renewal on a form prescribed by the board.
(2) Pay a renewal fee prescribed by the board.
(3) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, or whether any
disciplinary action has been taken by any regulatory or licensing
board in this or any other state, subsequent to the registrant's last
renewal.
(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. 45. Section 4999.100 is added to the Business and Professions
Code, to read:
4999.100. (a) An intern registration shall expire one year from
the last day of the month in which it was issued.
(b) To renew a registration, the registrant shall, on or before
the expiration date of the registration, do the following:
(1) Apply for a renewal on a form prescribed by the board.
(2) Pay a renewal fee prescribed by the board.
(3) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, or whether any
disciplinary action has been taken by any regulatory or licensing
board in this or any other state, subsequent to the registrant's last
renewal.
(4) Participate in the California law and ethics examination
pursuant to Section 4999.53 each year until successful completion of
this examination.
(c) The intern 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 4999.53. 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. 46. Section 4999.120 of the Business and Professions Code is
amended to read:
4999.120. The board shall assess fees for the application for,
and the issuance and renewal of licenses and for the registration of,
interns to cover administrative and operating expenses of the board
related to this chapter. Fees assessed pursuant to this section shall
not exceed the following:
(a) The fee for the application for examination eligibility shall
be up to two hundred fifty dollars ($250).
(b) The fee for the application for intern registration shall be
up to one hundred fifty dollars ($150).
(c) The fee for the application for licensure shall be up to one
hundred eighty dollars ($180).
(d) The fee for the board-administered clinical examination, if
the board chooses to adopt this examination in regulations, shall be
up to two hundred fifty dollars ($250).
(e) The fee for the law and ethics examination shall be up to one
hundred fifty dollars ($150).
(f) The fee for the examination described in subdivision (b) of
Section 4999.54 shall be up to one hundred dollars ($100).
(g) The fee for the issuance of a license shall be up to two
hundred fifty dollars ($250).
(h) The fee for annual renewal of licenses issued pursuant to
Section 4999.54 shall be up to one hundred fifty dollars ($150).
(i) The fee for annual renewal of an intern registration shall be
up to one hundred fifty dollars ($150).
(j) The fee for two-year renewal of licenses shall be up to two
hundred fifty dollars ($250).
(k) The fee for issuance of a retired license shall be forty
dollars ($40).
SEC. 46.5. Section 4999.120 of the Business and Professions Code
is amended to read:
4999.120. The board shall assess fees for the application for and
the issuance and renewal of licenses and for the registration of
interns to cover administrative and operating expenses of the board
related to this chapter. Fees assessed pursuant to this section shall
not exceed the following:
(a) The fee for the application for examination eligibility shall
be up to two hundred fifty dollars ($250).
(b) The fee for the application for intern registration shall be
up to one hundred fifty dollars ($150).
(c) The fee for the application for licensure shall be up to one
hundred eighty dollars ($180).
(d) The fee for the board-administered clinical examination, if
the board chooses to adopt this examination in regulations, shall be
up to two hundred fifty dollars ($250).
(e) The fee for the law and ethics examination shall be up to one
hundred fifty dollars ($150).
(f) The fee for the examination described in subdivision (b) of
Section 4999.54 shall be up to one hundred dollars ($100).
(g) The fee for the issuance of a license shall be up to two
hundred fifty dollars ($250).
(h) The fee for annual renewal of licenses issued pursuant to
Section 4999.54 shall be up to one hundred fifty dollars ($150).
(i) The fee for annual renewal of an intern registration shall be
up to one hundred fifty dollars ($150).
(j) The fee for two-year renewal of licenses shall be up to two
hundred fifty dollars ($250).
(k) The fee for issuance of a retired license shall be forty
dollars ($40).
(l) The fee for rescoring an examination shall be twenty dollars
($20).
(m) The fee for issuance of a replacement license or registration
shall be twenty dollars ($20).
(n) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
SEC. 47. Section 46.5 of this bill incorporates amendments to
Section 4999.120 of the Business and Professions Code proposed by
both this bill and Senate Bill 146. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2012, (2) each bill amends Section 4999.120 of the Business and
Professions Code, and (3) this bill is enacted after Senate Bill 146,
in which case Section 46 of this bill shall not become operative.