BILL NUMBER: SB 943 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Business, Professions and Economic
Development (Senators Price (Chair), Corbett, Correa, Emmerson,
Hernandez, Negrete McLeod, Vargas, Walters, and Wyland)
MARCH 31, 2011
An act to amend Sections 1916, 1918, 1922, 1927, 1950, 1952, 1955,
1957, 1959, 1961, 1962, 1963, 1966.1, 2736.5, 2836.2, 2936, 4200,
4980.36, 4980.37, 4980.40.5, 4980.42, 4980.43, 4980.45, 4982.25,
4989.54, 4990.38, 4992.3, 4992.36, 4996.13, 4996.24, 4999.12, and
4999.90 of, to add Sections 1902.1, 4999.91, and 4999.455 to, and to
repeal Section 1945 of, the Business and Professions Code, relating
to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 943, as introduced, Committee on Business, Professions and
Economic Development. Healing arts.
Existing law provides for the licensure and regulation of various
healing arts licensees by boards within the Department of Consumer
Affairs.
(1) Existing law, the Dental Practice Act, provides for the
licensure and regulation of registered dental hygienists, registered
dental hygienists in alternative practice, and registered dental
hygienists in extended functions by the Dental Hygiene Committee of
California within the Dental Board of California.
Existing law requires applicants for licensure to provide
fingerprint images for submission to governmental agencies, in order
to, among other things, establish the identity of the applicant.
Existing law requires the committee to submit these fingerprint
images to the Department of Justice in order to obtain specified
criminal offender record information.
This bill would delete that committee submittal requirement and
would require applicants to submit electronic fingerprint images.
Existing law requires the committee to license as a registered
dental hygienist in extended functions or a registered dental
hygienist in alternative practice a person who meets certain
educational, training, and examination requirements.
This bill would additionally require these applicants to complete
an application and pay required application fees.
Under existing law, a licensee may have his or her license revoked
or suspended, or may be reprimanded or placed on probation by the
committee, for conviction of a crime substantially related to the
licensee's qualifications, functions, or duties. Existing law
authorizes the committee to order a license suspended or revoked or
to decline to issue a license if certain procedural events occur.
This bill would additionally authorize the committee to reprimand
a licensee or order a license placed on probation.
Under existing law, a licensee or health care facility that fails
to comply with a specified request from the committee for a patient's
dental hygiene records is subject to a $250 per day civil penalty
for each day that the records have not been produced, as specified.
This bill would additionally require licensees and health care
facilities to comply with a request for a patient's dental records
and would make them subject to a civil or administrative penalty or
fine up to a maximum of $250 per day for each day that the records
have not been produced, as specified.
(2) Existing law, the Nursing Practice Act, provides for the
licensure and regulation of registered nurses by the Board of
Registered Nursing.
Existing law requires applicants for licensure as a registered
nurse to meet certain educational requirements, to have completed
specified courses of instruction, and to not be subject to denial of
licensure under specified circumstances. Existing law authorizes
applicants who have served on active duty in the medical corps in the
United States Armed Forces to submit a record of specified training
to the board for evaluation in order to satisfy the courses of
instruction requirement. Under existing law, if the applicant
satisfies the other general licensure requirements and if the board
determines that both education and experience establish competency to
practice registered nursing, the applicant shall be granted a
license upon passing a certain examination.
This bill would limit that board determination to be based on
education only.
(3) Under existing law, the Board of Behavioral Sciences is
responsible for the licensure, registration, and regulation of, among
others, marriage and family therapists, licensed clinical social
workers, and licensed professional clinical counselors.
(A) Existing law, the Marriage and Family Therapist Act, provides
for the licensure and regulation of marriage and family therapists
and makes a violation of the act a crime. Existing law, with respect
to marriage and family therapists and marriage and family therapist
interns, requires an applicant to possess a doctoral or master's
degree in any of various disciplines, including, but not limited to,
marriage, family, and child counseling.
This bill would add couple and family therapy to that list of
acceptable disciplines.
Existing law requires that degree to contain a specified number of
units of instruction that includes practicum involving direct client
contact of a specified number of hours of face-to-face experience
counseling individuals, couples, families, or groups and authorizes a
portion of those hours to be gained performing client centered
advocacy, as defined.
This bill would revise and recast that requirement and would
authorize that portion of hours to be gained performing either client
centered advocacy or face-to-face experience counseling individuals,
couples, families, or groups.
Existing law requires applicants for marriage and family therapy
licensure to meet certain experience requirements prior to applying
for licensure examinations.
This bill would make revisions to that experience requirement with
respect to experience in direct supervisor contact and professional
enrichment activities.
Existing law authorizes a licensed professional in private
practice meeting certain requirements to supervise or employ no more
than a total of 2 individuals registered as either a marriage and
family therapist intern or associate clinical social worker.
This bill would authorize such a licensed professional to
supervise or employ no more than a total of 3 individuals and would
add clinical counsel interns to that list. Because the bill would
change the definition of a crime, it would thereby impose a
state-mandated local program.
Under existing law, a marriage and family therapy corporation may
employ no more than a total of 2 individuals registered as either a
marriage and family therapist intern or associate clinical social
worker for each employee. Existing law prohibits the corporation from
employing more than 10 individuals registered as either a marriage
and family therapist intern or associate clinical social worker.
This bill would authorize the corporation to employ no more than a
total of 3 individuals and would add clinical counsel interns to
that list. The bill would also authorize the corporation to employ no
more than 15 registrants and would include clinical counsel interns.
(B) The Clinical Social Worker Practice Act provides for the
licensure and regulation of social workers and makes a violation of
the act a crime. Under existing law, qualified members of other
professional groups may do work of a psychosocial nature consistent
with the standards and ethics of their respective professions.
This bill would specify that licensed professional clinical
counselors may do such work.
Existing law authorizes a licensee in private practice meeting
certain requirements to supervise or employ no more than a total of 2
individuals registered as either a marriage and family therapist
intern or associate clinical social worker.
This bill would authorize that licensed professional to supervise
or employ no more than a total of 3 individuals and would add
clinical counsel interns to that list.
Under existing law, a licensed clinical social workers'
corporation may employ no more than a total of 2 individuals
registered as either a marriage and family therapist intern or
associate clinical social worker for each employee who has satisfied
certain requirements. Existing law prohibits the corporation from
employing more than 10 individuals registered as either a marriage
and family therapist intern or associate clinical social worker.
This bill would authorize the corporation to employ no more than a
total of 3 individuals and would add clinical counsel interns to
that list. The bill would also authorize the corporation to employ no
more than 15 registrants and would include clinical counsel interns.
By changing the definition of crimes, the bill would impose a
state-mandated local program.
(C) Existing law, the Licensed Professional Clinical Counselor
Act, provides for the licensure and regulation of professional
clinical counselors and makes a violation of the act a crime.
Existing law generally authorizes the board to take certain
enforcement actions against licensees for a violation of the act.
This bill would authorize the board to deny any application, or to
suspend or revoke any license or registration, for specified
reasons.
The bill would also authorize a licensee in private practice
meeting certain requirements to supervise or employ no more than a
total of 3 individuals registered as a marriage and family therapist
intern, clinical counselor intern, or associate clinical social
worker. The bill would authorize professional clinical counselor
corporation to employ no more than a total of 3 individuals
registered as a marriage and family therapist intern, clinical
counselor intern, or associate clinical social worker for each
employee. The bill would prohibit the corporation from employing more
than 15 individuals registered as a marriage and family therapist
intern, clinical counselor intern, or associate clinical social
worker. Because a violation of these requirements would constitute a
crime, the bill would impose a state-mandated local program.
The bill would make other conforming and technical changes,
including technical changes to the Psychology Licensing Law and the
Pharmacy Law.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1902.1 is added to the Business and Professions
Code, to read:
1902.1. Protection of the public shall be the highest priority
for the committee in exercising its licensing, regulatory, and
disciplinary functions. Whenever the protection of the public is
inconsistent with other interests sought to be promoted, the
protection of the public shall be paramount.
SEC. 2. Section 1916 of the Business and Professions Code is
amended to read:
1916. (a) An applicant for licensure under this article shall
furnish electronic fingerprint images for submission to
state and federal criminal justice agencies, including, but not
limited to, the Federal Bureau of Investigation, in order to
establish the identity of the applicant and for the other purposes
described in this section.
(b) The committee shall submit the fingerprint images to the
Department of Justice for the purposes of obtaining criminal offender
record information regarding state and federal level convictions and
arrests, including arrests for which the Department of Justice
establishes that the person is free on bail or on his or her own
recognizance pending trial or appeal.
(c)
(b) When received, the Department of Justice shall
forward to the Federal Bureau of Investigation requests for federal
summary criminal history information received pursuant to this
section. The Department of Justice shall review the information
returned from the Federal Bureau of Investigation and compile and
disseminate the response to the committee.
(d)
(c) The Department of Justice shall provide a response
to the committee pursuant to subdivision (p) of Section 11105 of the
Penal Code.
(e)
(d) The committee shall request from the Department of
Justice subsequent arrest notification service, as provided pursuant
to Section 11105.2 of the Penal Code.
(f)
(e) The information obtained as a result of the
fingerprinting shall be used in accordance with Section 11105 of the
Penal Code, and to determine whether the applicant is subject to
denial of licensure pursuant to Division 1.5 (commencing with Section
475) or Section 1628.5 1943 .
(g) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this section.
SEC. 3. Section 1918 of the Business and Professions Code is
amended to read:
1918. The committee shall license as a registered dental
hygienist in extended functions a person who meets all of the
following requirements:
(a) Holds a current license as a registered dental hygienist in
California.
(b) Completes clinical training approved by the committee in a
facility affiliated with a dental school under the direct supervision
of the dental school faculty.
(c) Performs satisfactorily on an examination required by the
committee.
(d) Completes an application form and pays all application fees
required by the committee.
SEC. 4. Section 1922 of the Business and Professions Code is
amended to read:
1922. The committee shall license as a registered dental
hygienist in alternative practice a person who demonstrates
satisfactory performance on an examination in California law and
ethics required by the committee and who completes an
application form and pays all application fees required by the
committee and meets either of the following requirements:
(a) Holds a current California license as a registered dental
hygienist and meets the following requirements:
(1) Has been engaged in the practice of dental hygiene, as defined
in Section 1908, as a registered dental hygienist in any setting,
including, but not limited to, educational settings and public health
settings, for a minimum of 2,000 hours during the immediately
preceding 36 months.
(2) Has successfully completed a bachelor's degree or its
equivalent from a college or institution of higher education that is
accredited by a national or regional accrediting agency
recognized by the Council on Postsecondary Accreditation or
the United States Department of Education, and a minimum of
150 hours of additional educational requirements, as prescribed by
the committee by regulation, that are consistent with good dental and
dental hygiene practice, including, but not necessarily limited to,
dental hygiene technique and theory including gerontology and medical
emergencies, and business administration and practice management.
(b) Has received a letter of acceptance into the employment
utilization phase of the Health Manpower Pilot Project No. 155
established by the Office of Statewide Health Planning and
Development pursuant to Article 1 (commencing with Section 128125) of
Chapter 3 of Part 3 of Division 107 of the Health and Safety Code.
SEC. 5. Section 1927 of the Business and Professions Code is
amended to read:
1927. A registered dental hygienist in alternative practice shall
not do any of the following:
(a) Infer, purport, advertise, or imply that he or she is in any
way able to provide dental services or make any type of dental
health diagnosis beyond evaluating a patient's
dental hygiene status, providing a dental hygiene treatment plan, and
providing the associated dental hygiene services.
(b) Hire a registered dental hygienist to provide direct patient
services other than a registered dental hygienist in alternative
practice.
SEC. 6. Section 1945 of the Business and Professions Code is
repealed.
1945. On July 1, 2009, a percentage of the funds in the State
Dental Auxiliary Fund shall be transferred to the State Dental
Hygiene Fund based on the number of registered dental hygienists,
registered hygienists in alternative practice, and registered dental
hygienists in extended functions licensed on June 30, 2009, compared
to all dental auxiliaries licensed by the Committee on Dental
Auxiliaries on June 30, 2009. The board's authority to expend those
funds, as appropriated in the 2008 Budget Act, shall be vested in the
committee to carry out the provisions of this chapter as they relate
to dental hygienists for the 2008-09 fiscal year, including the
payment of any encumbrances related to dental hygienists, dental
hygienists in alternative practice, and dental hygienists in extended
functions incurred by the State Dental Auxiliary Fund. The remainder
of the funds in the State Dental Auxiliary Fund shall be transferred
to the State Dental Assistant Fund pursuant to Section 1721.5.
SEC. 7. Section 1950 of the Business and Professions Code is
amended to read:
1950. (a) A licensee may have his or her license revoked or
suspended, or may be reprimanded or placed on probation by the
committee, for conviction of a crime substantially related to the
licensee's qualifications, functions, or duties. The record of
conviction or a copy certified by the clerk of the court or by the
judge in whose court the conviction occurred shall be conclusive
evidence of conviction.
(b) The committee shall undertake proceedings under this section
upon the receipt of a certified copy of the record of conviction. A
plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge of a felony or of any misdemeanor
substantially related to the licensee's qualifications, functions, or
duties is deemed to be a conviction within the meaning of this
section.
(c) The committee may reprimand a licensee or order a
license suspended or revoked, or placed on probation or
may decline to issue a license, when any of the following occur:
(1) The time for appeal has elapsed.
(2) The judgment of conviction has been affirmed on appeal.
(3) An order granting probation is made suspending the imposition
of sentence, irrespective of a subsequent order under any provision
of the Penal Code, including, but not limited to, Section 1203.4 of
the Penal Code, allowing a person to withdraw his or her plea of
guilty and to enter a plea of not guilty, or setting aside the
verdict of guilty, or dismissing the accusation, information, or
indictment.
SEC. 8. Section 1952 of the Business and Professions Code is
amended to read:
1952. It is unprofessional conduct for a person licensed under
this article to do any of the following:
(a) Obtain or possess in violation of law, or except as directed
by a licensed physician and surgeon, dentist, or podiatrist, a
controlled substance, as defined in Division 10 (commencing with
Section 11000) of the Health and Safety Code, or any dangerous drug
as defined in Section 4022.
(b) Use a controlled substance, as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or a
dangerous drug as defined in Section 4022, or alcoholic beverages or
other intoxicating substances, to an extent or in a manner dangerous
or injurious to himself or herself, to any person, or the public to
the extent that the use impairs the licensee's ability to conduct
with safety to the public the practice authorized by his or her
license.
(c) Be convicted of a charge of violating any federal statute or
rules, or any statute or rule of this state, regulating controlled
substances, as defined in Division 10 (commencing with Section 11000)
of the Health and Safety Code, or any dangerous drug, as defined in
Section 4022, or be convicted of more than one misdemeanor, or any
felony, involving the use or consumption of alcohol or drugs, if the
conviction is substantially related to the practice authorized by his
or her license. The record of conviction or a copy
certified by the clerk of the court or by the judge in whose court
the conviction is had, shall be conclusive evidence of a violation of
this section. A plea or verdict of guilty or a conviction following
a plea of nolo contendere is deemed to be a conviction within the
meaning of this section; the committee may order the license
suspended or revoked, or may decline to issue a license, when the
time for appeal has elapsed or the judgment of conviction has been
affirmed on appeal, or when an order granting probation is made
suspending imposition of sentence, irrespective of a subsequent order
under any provision of the Penal Code, including, but not limited
to, Section 1203.4 of the Penal Code, allowing a person to withdraw
his or her plea of guilty and to enter a plea of not guilty, or
setting aside the verdict of guilty, or dismissing the accusation,
information, or indictment.
(1) The record of conviction or a copy certified by the clerk of
the court or by the judge in whose court the conviction is had, shall
be conclusive evidence of a violation of this section. A plea or
verdict of guilty or a conviction following a plea of nolo contendere
is deemed to be a conviction within the meaning of this section.
(2) The committee may order the license suspended or revoked, or
may decline to issue a license, when the time for appeal has elapsed
or the judgment of conviction has been affirmed on appeal, or when an
order granting probation is made suspending imposition of sentence,
irrespective of a subsequent order under any provision of the Penal
Code, including, but not limited to, Section 1203.4 of the Penal
Code, allowing a person to withdraw his or her plea of guilty and to
enter a plea of not guilty, or setting aside the verdict of guilty,
or dismissing the accusation, information, or indictment.
SEC. 9. Section 1955 of the Business and Professions Code is
amended to read:
1955. (a) (1) A licensee who fails or refuses to comply with a
request for a patient's dental or dental hygiene records
that is accompanied by that patient's written authorization for
release of the records to the committee, within 15 days of receiving
the request and authorization, shall pay to the committee a civil
or administrative penalty or fine up to a maximum
of two hundred fifty dollars ($250) per day for each day that
the documents have not been produced after the 15th day, up to a
maximum of five thousand dollars ($5,000) unless the licensee is
unable to provide the documents within this time period for good
cause.
(2) A health care facility shall comply with a request for the
dental or dental hygiene records of a patient that is
accompanied by that patient's written authorization for release of
records to the committee together with a notice citing this section
and describing the penalties for failure to comply with this section.
Failure to provide the authorizing patient's dental hygiene records
to the committee within 30 days of receiving this request,
authorization, and notice shall subject the health care facility to a
civil or administrative penalty or fine ,
payable to the committee, of up to a maximum of two
hundred fifty dollars ($250) per day for each day that the documents
have not been produced after the 30th day, up to a maximum of five
thousand dollars ($5,000), unless the health care facility is unable
to provide the documents within this time period for good cause. This
paragraph shall not require health care facilities to assist the
committee in obtaining the patient's authorization. The committee
shall pay the reasonable cost of copying the dental hygiene records.
(b) (1) A licensee who fails or refuses to comply with a court
order issued in the enforcement of a subpoena mandating the release
of records to the committee shall pay to the committee a civil
penalty of one thousand dollars ($1,000) per day for each day that
the documents have not been produced after the date by which the
court order requires the documents to be produced, unless it is
determined that the order is unlawful or invalid. Any statute of
limitations applicable to the filing of an accusation by the
committee shall be tolled during the period the licensee is out of
compliance with the court order and during any related appeals.
(2) A licensee who fails or refuses to comply with a court order
issued in the enforcement of a subpoena mandating the release of
records to the committee is guilty of a misdemeanor punishable by a
fine payable to the committee not to exceed five thousand dollars
($5,000). The fine shall be added to the licensee's renewal fee if it
is not paid by the next succeeding renewal date. Any statute of
limitations applicable to the filing of an accusation by the
committee shall be tolled during the period the licensee is out of
compliance with the court order and during any related appeals.
(3) A health care facility that fails or refuses to comply with a
court order issued in the enforcement of a subpoena mandating the
release of patient records to the committee, that is accompanied by a
notice citing this section and describing the penalties for failure
to comply with this section, shall pay to the committee a civil
penalty of up to one thousand dollars ($1,000) per day for each day
that the documents have not been produced, up to ten thousand dollars
($10,000), after the date by which the court order requires the
documents to be produced, unless it is determined that the order is
unlawful or invalid. Any statute of limitations applicable to the
filing of an accusation by the committee against a licensee shall be
tolled during the period the health care facility is out of
compliance with the court order and during any related appeals.
(4) A health care facility that fails or refuses to comply with a
court order, issued in the enforcement of a subpoena, mandating the
release of records to the committee is guilty of a misdemeanor
punishable by a fine payable to the committee not to exceed five
thousand dollars ($5,000). Any statute of limitations applicable to
the filing of an accusation by the committee against a licensee shall
be tolled during the period the health care facility is out of
compliance with the court order and during any related appeals.
(c) Multiple acts by a licensee in violation of subdivision (b)
shall be punishable by a fine not to exceed five thousand dollars
($5,000) or by imprisonment in a county jail not exceeding six
months, or by both that fine and imprisonment. Multiple acts by a
health care facility in violation of subdivision (b) shall be
punishable by a fine not to exceed five thousand dollars ($5,000) and
shall be reported to the State Department of Public Health and shall
be considered as grounds for disciplinary action with respect to
licensure, including suspension or revocation of the license or
certificate permit .
(d) A failure or refusal to comply with a court order issued in
the enforcement of a subpoena mandating the release of records to the
committee constitutes unprofessional conduct and is grounds for
suspension or revocation of his or her license.
(e) Imposition of the civil or administrative penalties
authorized by this section shall be in accordance with the
Administrative Procedure Act (Chapter 5 (commencing with Section
11500) of Division 3 of Title 2 of the Government Code).
(f) For the purposes of this section, a "health care facility"
means a clinic or health care facility licensed or exempt from
licensure pursuant to Division 2 (commencing with Section 1200) of
the Health and Safety Code.
SEC. 10. Section 1957 of the Business and Professions Code is
amended to read:
1957. (a) A person whose license has been revoked or suspended,
who has been placed on probation, or whose license was surrendered
pursuant to a stipulated settlement as a condition to avoid a
disciplinary administrative hearing, may petition the committee for
reinstatement or modification of the penalty, including modification
or termination of probation, after a period of not less than the
following minimum periods have elapsed from the effective date of the
decision ordering disciplinary action:
(1) At least three years for reinstatement of a license revoked
for unprofessional conduct or surrendered pursuant to a stipulated
settlement as a condition to avoid an administrative disciplinary
hearing.
(2) At least two years for early termination, or modification of a
condition, of a probation of three years or more.
(3) At least one year for modification of a condition, or
reinstatement of a license revoked for mental or physical illness, or
termination, or modification of a condition, of a probation of less
than three years.
(b) The petition shall state any fact required by the committee.
(c) The petition may be heard by the committee, or the committee
may assign the petition to an administrative law judge designated in
Section 11371 of the Government Code.
(d) In considering reinstatement or modification or penalty, the
committee or the administrative law judge hearing the petition may
consider the following:
(1) All activities of the petitioner since the disciplinary action
was taken.
(2) The offense for which the petitioner was disciplined.
(3) The petitioner's activities during the time the license
, certificate, or permit was in good standing.
(4) The petitioner's rehabilitative efforts, general reputation
for truth, and professional ability.
(e) The hearing may be continued from time to time as the
committee or the administrative law judge as designated in Section
11371 of the Government Code finds necessary.
(f) The committee or the administrative law judge may impose
necessary terms and conditions on the licentiate in reinstating a
license , certificate, or permit or modifying a
penalty.
(g) A petition shall not be considered while the petitioner is
under sentence for any criminal offense, including any period during
which the petitioner is on court-imposed probation or parole.
(h) A petition shall not be considered while there is an
accusation or petition to revoke probation pending against the
person.
(i) The committee may deny without a hearing or argument any
petition filed pursuant to this section within a period of two years
from the effective date of the prior decision following a hearing
under this section. Nothing in this section shall be deemed to alter
Sections 822 and 823.
SEC. 11. Section 1959 of the Business and Professions Code is
amended to read:
1959. A person who holds a valid, unrevoked, and unsuspended
certificate license as a registered
dental hygienist, registered dental hygienist in alternative
practice, or registered dental hygienist in extended functions under
this article may append the letters "R.D.H.," "R.D.H.A.P.," or
"R.D.H.E.F." "R.D.H.E.F.,"
respectively, to his or her name.
SEC. 12. Section 1961 of the Business and Professions Code is
amended to read:
1961. A person who willfully, under circumstances that cause risk
of bodily harm, serious physical or mental illness, or death,
practices, attempts to practice, advertises, or holds himself or
herself out as practicing dental hygiene without having at the time
of so doing a valid, unrevoked, and unsuspended license as provided
in this chapter article , is guilty of a
crime, punishable by imprisonment in a county jail for up to one
year. The remedy provided in this section shall not preclude any
other remedy provided by law.
SEC. 13. Section 1962 of the Business and Professions Code is
amended to read:
1962. (a) An association, partnership, corporation, or group of
three or more registered dental hygienists in alternative practice
engaging in practice under a name that would otherwise be in
violation of Section 1960 may practice under that name if the
association, partnership, corporation, or group holds an unexpired,
unsuspended, and unrevoked permit issued by the committee under this
section.
(b) An individual registered dental hygienist in alternative
practice or a pair of registered dental hygienists in alternative
practice who practice dental hygiene under a name that would
otherwise violate Section 1960 may practice under that name if the
licensees hold a valid permit issued by the committee under this
section. The committee shall issue a written permit authorizing the
holder to use a name specified in the permit in connection with the
holder's practice if the committee finds all of the following:
(1) The applicant or applicants are duly licensed registered
dental hygienists in alternative practice.
(2) The place where the applicant or applicants practice is owned
or leased by the applicant or applicants, and the practice conducted
at the place is wholly owned and entirely controlled by the applicant
or applicants and is an approved area or practice setting pursuant
to Section 1926.
(3) The name under which the applicant or applicants propose to
operate contains at least one of the following designations: "dental
hygiene group," "dental hygiene practice," or "dental hygiene office,"
contains the family name of one or more of the past, present, or
prospective associates, partners, shareholders, or members of the
group, and is in conformity with Section 651 and not in violation of
subdivisions (i) and (l) of Section 1680
1950.5 .
(4) All licensed persons practicing at the location designated in
the application hold valid licenses and no charges of unprofessional
conduct are pending against any person practicing at that location.
(c) A permit issued under this section shall expire and become
invalid unless renewed in the manner provided for in this article for
the renewal of certificates permits
issued under this article.
(d) A permit issued under this section may be revoked or suspended
if the committee finds that any requirement for original issuance of
a permit is no longer being fulfilled by the permitholder.
Proceedings for revocation or suspension shall be governed by the
Administrative Procedure Act.
(e) If charges of unprofessional conduct are filed against the
holder of a permit issued under this section, or a member of an
association, partnership, group, or corporation to whom a permit has
been issued under this section, proceedings shall not be commenced
for revocation or suspension of the permit until a final
determination of the charges of unprofessional conduct, unless the
charges have resulted in revocation or suspension of a license.
SEC. 14. Section 1963 of the Business and Professions Code is
amended to read:
1963. The committee may prefer file
a complaint for violation of any part of this article
before with any court of competent jurisdiction
and may, by its officers, counsel and agents, assist in presenting
the law or facts at the trial. The district attorney of each county
in this state shall prosecute all violations of this article in their
respective counties in which the violations occur.
SEC. 15. Section 1966.1 of the Business and Professions Code is
amended to read:
1966.1. (a) The committee shall establish criteria for the
acceptance, denial, or termination of licensees in a diversion
program. Unless ordered by the committee as a condition of a licensee'
s disciplinary probation, only those licensees who have voluntarily
requested diversion treatment and supervision by a diversion
evaluation committee shall participate in a diversion program.
(b) A licensee who is not the subject of a current investigation
may self-refer to the diversion program on a confidential basis,
except as provided in subdivision (f).
(c) A licensee under current investigation by the committee may
also request entry into a diversion program by contacting the
committee. The committee may refer the licensee requesting
participation in the program to a diversion evaluation committee for
evaluation of eligibility. Prior to authorizing a licensee to enter
into the diversion program, the committee may require the licensee,
while under current investigation for any violations of this article
or other violations, to execute a statement of understanding that
states that the licensee understands that his or her violations of
this article or other statutes, that would otherwise be the basis for
discipline, may still be investigated and the subject of
disciplinary action.
(d) If the reasons for a current investigation of a licensee are
based primarily on the self-administration of any controlled
substance or dangerous drugs or alcohol under Section 1681
1951 , or the illegal
possession, prescription, or nonviolent procurement
of any controlled substance or dangerous drugs for
self-administration that does not involve actual, direct harm to the
public, the committee shall close the investigation without further
action if the licensee is accepted into the committee's diversion
program and successfully completes the requirements of the program.
If the licensee withdraws or is terminated from the program by a
diversion evaluation committee, the investigation shall be reopened
and disciplinary action imposed, if warranted, as determined by the
committee.
(e) Neither acceptance nor participation in the diversion program
shall preclude the committee from investigating or continuing to
investigate, or taking disciplinary action or continuing to take
disciplinary action against, any licensee for any unprofessional
conduct committed before, during, or after participation in the
diversion program.
(f) All licensees shall sign an agreement of understanding that
the withdrawal or termination from the diversion program at a time
when a diversion evaluation committee determines the licensee
presents a threat to the public's health and safety shall result in
the utilization by the committee of diversion treatment records in
disciplinary or criminal proceedings.
(g) Any licensee terminated from the diversion program for failure
to comply with program requirements is subject to disciplinary
action by the committee for acts committed before, during, and after
participation in the diversion program. A licensee who has been under
investigation by the committee and has been terminated from the
diversion program by a diversion evaluation committee shall be
reported by the diversion evaluation committee to the committee.
SEC. 16. Section 2736.5 of the Business and Professions Code is
amended to read:
2736.5. (a) Any person who has served on active duty in the
medical corps of any of the armed forces of the United States and who
has successfully completed the course of instruction required to
qualify him for rating as a medical service technician--independent
duty, or other equivalent rating in his particular branch of the
armed forces, and whose service in the armed forces has been under
honorable conditions, may submit the record of such training to the
board for evaluation.
(b) If such person meets the qualifications of paragraphs (1) and
(3) of subdivision (a) of Section 2736, and if the board determines
that his education and experience would give
reasonable assurance of competence to practice as a registered nurse
in this state, he shall be granted a license upon passing the
standard examination for such licensure.
(c) The board shall, by regulation, establish criteria for
evaluating the education and experience of
applicants under this section.
(d) The board shall maintain records of the following categories
of applicants under this section:
(1) Applicants who are rejected for examination, and the areas of
such applicants' preparation which are the causes of rejection.
(2) Applicants who are qualified by their military education
and experience alone to take the examination, and
the results of their examinations.
(3) Applicants who are qualified to take the examination by their
military education and experience plus
supplementary education, and the results of their examinations.
(e) The board shall attempt to contact by mail or other means
individuals meeting the requirements of subdivision (a) who have been
or will be discharged or separated from the armed forces of the
United States, in order to inform them of the application procedure
provided by this section. The board may enter into an agreement with
the federal government in order to secure the names and addresses of
such individuals.
SEC. 17. Section 2836.2 of the Business and Professions Code is
amended to read:
2836.2. Furnishing or ordering of drugs or devices by nurse
practitioners is defined to mean the act of making a pharmaceutical
agent or agents available to the patient in strict accordance with a
standardized procedure. All nurse practitioners who are authorized
pursuant to Section 2831.1 2836.1 to
furnish or issue drug orders for controlled substances shall register
with the United States Drug Enforcement Administration.
SEC. 18. Section 2936 of the Business and Professions Code is
amended to read:
2936. The board shall adopt a program of consumer and
professional education in matters relevant to the ethical practice of
psychology. The board shall establish as its standards of ethical
conduct relating to the practice of psychology, the "Ethical
Principles and Code of Conduct" published by the American
Psychological Association (APA). Those standards shall be applied by
the board as the accepted standard of care in all licensing
examination development and in all board enforcement policies and
disciplinary case evaluations.
To facilitate consumers in receiving appropriate psychological
services, all licensees and registrants shall be required to post, in
a conspicuous location in their principal psychological business
office, a notice which reads as follows:
"NOTICE TO CONSUMERS: The Department of Consumer Affair's Board of
Psychology receives and responds to questions and complaints
regarding the practice of psychology. If you have questions or
complaints, you may contact the board on the Internet at
www.psychboard.ca.gov, by calling 1-866-503-3221, or by writing to
the following address:
Board of Psychology
1422 Howe Avenue, Suite 22
Sacramento, California 95825-3236"
2005 Evergreen Street, Suite 1400
Sacramento, California 95815-3894"
SEC. 19. Section 4200 of the Business and Professions Code is
amended to read:
4200. (a) The board may license as a pharmacist an applicant who
meets all the following requirements:
(1) Is at least 18 years of age.
(2) (A) Has graduated from a college of pharmacy or department of
pharmacy of a university recognized by the board; or
(B) If the applicant graduated from a foreign pharmacy school, the
foreign-educated applicant has been certified by the Foreign
Pharmacy Graduate Examination Committee.
(3) Has completed at least 150 semester units of collegiate study
in the United States, or the equivalent thereof in a foreign country.
No less than 90 of those semester units shall have been completed
while in resident attendance at a school or college of pharmacy.
(4) Has earned at least a baccalaureate degree in a course of
study devoted to the practice of pharmacy.
(5) Has completed 1,500 hours of pharmacy practice experience or
the equivalent in accordance with Section 4209.
(6) Has passed a written and practical examination given
by the board prior to December 31, 2003, or has passed the
North American Pharmacist Licensure Examination and the California
Practice Standards and Jurisprudence Examination for Pharmacists on
or after January 1, 2004.
(b) Proof of the qualifications of an applicant for licensure as a
pharmacist shall be made to the satisfaction of the board and shall
be substantiated by affidavits or other evidence as may be required
by the board.
(c) Each person, upon application for licensure as a pharmacist
under this chapter, shall pay to the executive officer of the board
the fees provided by this chapter. The fees shall be compensation to
the board for investigation or examination of the applicant.
SEC. 20. Section 4980.36 of the Business and Professions Code is
amended to read:
4980.36. (a) This section shall apply to the following:
(1) Applicants for licensure or registration who begin graduate
study before August 1, 2012, and do not complete that study on or
before December 31, 2018.
(2) Applicants for licensure or registration who begin graduate
study before August 1, 2012, and who graduate from a degree program
that meets the requirements of this section.
(3) Applicants for licensure or registration who begin graduate
study on or after August 1, 2012.
(b) To qualify for a license or registration, applicants shall
possess a doctor's or master's degree meeting the requirements of
this section in marriage, family, and child counseling, marriage and
family therapy, couple and family therapy, psychology,
clinical psychology, counseling psychology, or counseling with an
emphasis in either marriage, family, and child counseling or marriage
and family therapy, obtained from a school, college, or university
approved by the Bureau for Private Postsecondary and
Vocational Education or accredited by either the Commission
on the Accreditation of Marriage and Family Therapy Education or a
regional accrediting agency recognized by the United States
Department of Education. The board has the authority to make the
final determination as to whether a degree meets all requirements,
including, but not limited to, course requirements, regardless of
accreditation or approval.
(c) A doctor's or master's degree program that qualifies for
licensure or registration shall do the following:
(1) Integrate all of the following throughout its curriculum:
(A) Marriage and family therapy principles.
(B) The principles of mental health recovery-oriented care and
methods of service delivery in recovery-oriented practice
environments, among others.
(C) An understanding of various cultures and the social and
psychological implications of socioeconomic position, and an
understanding of how poverty and social stress impact an individual's
mental health and recovery.
(2) Allow for innovation and individuality in the education of
marriage and family therapists.
(3) Encourage students to develop the personal qualities that are
intimately related to effective practice, including, but not limited
to, integrity, sensitivity, flexibility, insight, compassion, and
personal presence.
(4) Permit an emphasis or specialization that may address any one
or more of the unique and complex array of human problems, symptoms,
and needs of Californians served by marriage and family therapists.
(5) Provide students with the opportunity to meet with various
consumers and family members of consumers of mental health services
to enhance understanding of their experience of mental illness,
treatment, and recovery.
(d) The degree described in subdivision (b) shall contain no less
than 60 semester or 90 quarter units of instruction that includes,
but is not limited to, the following requirements:
(1) Both of the following:
(A) No less than 12 semester or 18 quarter units of coursework in
theories, principles, and methods of a variety of psychotherapeutic
orientations directly related to marriage and family therapy and
marital and family systems approaches to treatment and how these
theories can be applied therapeutically with individuals, couples,
families, adults, including elder adults, children, adolescents, and
groups to improve, restore, or maintain healthy relationships.
(B) Practicum that involves direct client contact, as follows:
(i) A minimum of six semester or nine quarter units of practicum
in a supervised clinical placement that provides supervised fieldwork
experience.
(ii) A minimum of 225 150 hours of
face-to-face experience counseling individuals, couples, families, or
groups. Up to 75 of those hours may be gained performing
client centered advocacy, as defined in Section 4980.03.
(iii) A student must be enrolled in a practicum course while
counseling clients.
(iv) The practicum shall provide training in all of the following
areas:
(I) Applied use of theory and psychotherapeutic techniques.
(II) Assessment, diagnosis, and prognosis.
(III) Treatment of individuals and premarital, couple, family, and
child relationships, including trauma and abuse, dysfunctions,
healthy functioning, health promotion, illness prevention, and
working with families.
(IV) Professional writing, including documentation of services,
treatment plans, and progress notes.
(V) How to connect people with resources that deliver the quality
of services and support needed in the community.
(v) Educational institutions are encouraged to design the
practicum required by this subparagraph to include marriage and
family therapy experience in low-income and multicultural mental
health settings.
(vi) In addition to the 150 hours required in clause (ii), 75
hours of either of the following:
(I) Client-centered advocacy, as defined in Section 4980.03.
(II) Face-to-face experience counseling individuals, couples,
families, or groups.
(2) Instruction in all of the following:
(A) Diagnosis, assessment, prognosis, and treatment of mental
disorders, including severe mental disorders, evidence-based
practices, psychological testing, psychopharmacology, and promising
mental health practices that are evaluated in peer reviewed
literature.
(B) Developmental issues from infancy to old age, including
instruction in all of the following areas:
(i) The effects of developmental issues on individuals, couples,
and family relationships.
(ii) The psychological, psychotherapeutic, and health implications
of developmental issues and their effects.
(iii) Aging and its biological, social, cognitive, and
psychological aspects.
(iv) A variety of cultural understandings of human development.
(v) The understanding of human behavior within the social context
of socioeconomic status and other contextual issues affecting social
position.
(vi) The understanding of human behavior within the social context
of a representative variety of the cultures found within California.
(vii) The understanding of the impact that personal and social
insecurity, social stress, low educational levels, inadequate
housing, and malnutrition have on human development.
(C) The broad range of matters and life events that may arise
within marriage and family relationships and within a variety of
California cultures, including instruction in all of the following:
(i) Child and adult abuse assessment and reporting.
(ii) Spousal or partner abuse assessment, detection, intervention
strategies, and same-gender abuse dynamics.
(iii) Cultural factors relevant to abuse of partners and family
members.
(iv) Childbirth, child rearing, parenting, and stepparenting.
(v) Marriage, divorce, and blended families.
(vi) Long-term care.
(vii) End of life and grief.
(viii) Poverty and deprivation.
(ix) Financial and social stress.
(x) Effects of trauma.
(xi) The psychological, psychotherapeutic, community, and health
implications of the matters and life events described in clauses (i)
to (x), inclusive.
(D) Cultural competency and sensitivity, including a familiarity
with the racial, cultural, linguistic, and ethnic backgrounds of
persons living in California.
(E) Multicultural development and cross-cultural interaction,
including experiences of race, ethnicity, class, spirituality, sexual
orientation, gender, and disability, and their incorporation into
the psychotherapeutic process.
(F) The effects of socioeconomic status on treatment and available
resources.
(G) Resilience, including the personal and community qualities
that enable persons to cope with adversity, trauma, tragedy, threats,
or other stresses.
(H) Human sexuality, including the study of physiological,
psychological, and social cultural variables associated with sexual
behavior and gender identity, and the assessment and treatment of
psychosexual dysfunction.
(I) Substance use disorders, co-occurring disorders, and
addiction, including, but not limited to, instruction in all of the
following:
(i) The definition of substance use disorders, co-occurring
disorders, and addiction. For purposes of this subparagraph,
"co-occurring disorders" means a mental illness and substance abuse
diagnosis occurring simultaneously in an individual.
(ii) Medical aspects of substance use disorders and co-occurring
disorders.
(iii) The effects of psychoactive drug use.
(iv) Current theories of the etiology of substance abuse and
addiction.
(v) The role of persons and systems that support or compound
substance abuse and addiction.
(vi) Major approaches to identification, evaluation, and treatment
of substance use disorders, co-occurring disorders, and addiction,
including, but not limited to, best practices.
(vii) Legal aspects of substance abuse.
(viii) Populations at risk with regard to substance use disorders
and co-occurring disorders.
(ix) Community resources offering screening, assessment,
treatment, and followup for the affected person and family.
(x) Recognition of substance use disorders, co-occurring
disorders, and addiction, and appropriate referral.
(xi) The prevention of substance use disorders and addiction.
(J) California law and professional ethics for marriage and family
therapists, including instruction in all of the following areas of
study:
(i) Contemporary professional ethics and statutory, regulatory,
and decisional laws that delineate the scope of practice of marriage
and family therapy.
(ii) The therapeutic, clinical, and practical considerations
involved in the legal and ethical practice of marriage and family
therapy, including, but not limited to, family law.
(iii) The current legal patterns and trends in the mental health
professions.
(iv) The psychotherapist-patient privilege, confidentiality, the
patient dangerous to self or others, and the treatment of minors with
and without parental consent.
(v) A recognition and exploration of the relationship between a
practitioner's sense of self and human values and his or her
professional behavior and ethics.
(vi) Differences in legal and ethical standards for different
types of work settings.
(vii) Licensing law and licensing process.
(e) The degree described in subdivision (b) shall, in addition to
meeting the requirements of subdivision (d), include instruction in
case management, systems of care for the severely mentally ill,
public and private services and supports available for the severely
mentally ill, community resources for persons with mental illness and
for victims of abuse, disaster and trauma response, advocacy for the
severely mentally ill, and collaborative treatment. This instruction
may be provided either in credit level coursework or through
extension programs offered by the degree-granting institution.
(f) The changes made to law by this section are intended to
improve the educational qualifications for licensure in order to
better prepare future licentiates for practice, and are not intended
to expand or restrict the scope of practice for marriage and family
therapists.
SEC. 21. Section 4980.37 of the Business and Professions Code is
amended to read:
4980.37. (a) This section shall apply to applicants for licensure
or registration who begin graduate study before August 1, 2012, and
complete that study on or before December 31, 2018. Those applicants
may alternatively qualify under paragraph (2) of subdivision (a) of
Section 4980.36.
(b) To qualify for a license or registration, applicants shall
possess a doctor's or master's degree in marriage, family, and child
counseling, marriage and family therapy, couple and family
therapy, psychology, clinical psychology, counseling
psychology, or counseling with an emphasis in either marriage,
family, and child counseling or marriage and family therapy, obtained
from a school, college, or university accredited by a regional
accrediting agency recognized by the United States Department of
Education or approved by the Bureau for Private Postsecondary
and Vocational Education. The board has the
authority to make the final determination as to whether a degree
meets all requirements, including, but not limited to, course
requirements, regardless of accreditation or approval. In order to
qualify for licensure pursuant to this section, a doctor's or master'
s degree program shall be a single, integrated program primarily
designed to train marriage and family therapists and shall contain no
less than 48 semester or 72 quarter units of instruction. This
instruction shall include no less than 12 semester units or 18
quarter units of coursework in the areas of marriage, family, and
child counseling, and marital and family systems approaches to
treatment. The coursework shall include all of the following areas:
(1) The salient theories of a variety of psychotherapeutic
orientations directly related to marriage and family therapy, and
marital and family systems approaches to treatment.
(2) Theories of marriage and family therapy and how they can be
utilized in order to intervene therapeutically with couples,
families, adults, children, and groups.
(3) Developmental issues and life events from infancy to old age
and their effect on individuals, couples, and family relationships.
This may include coursework that focuses on specific family life
events and the psychological, psychotherapeutic, and health
implications that arise within couples and families, including, but
not limited to, childbirth, child rearing, childhood, adolescence,
adulthood, marriage, divorce, blended families, stepparenting, abuse
and neglect of older and dependent adults, and geropsychology.
(4) A variety of approaches to the treatment of children.
The board shall, by regulation, set forth the subjects of
instruction required in this subdivision.
(c) (1) In addition to the 12 semester or 18 quarter units of
coursework specified in subdivision (b), the doctor's or master's
degree program shall contain not less than six semester or nine
quarter units of supervised practicum in applied psychotherapeutic
technique, assessments, diagnosis, prognosis, and treatment of
premarital, couple, family, and child relationships, including
dysfunctions, healthy functioning, health promotion, and illness
prevention, in a supervised clinical placement that provides
supervised fieldwork experience within the scope of practice of a
marriage and family therapist.
(2) For applicants who enrolled in a degree program on or after
January 1, 1995, the practicum shall include a minimum of 150 hours
of face-to-face experience counseling individuals, couples, families,
or groups.
(3) The practicum hours shall be considered as part of the 48
semester or 72 quarter unit requirement.
(d) As an alternative to meeting the qualifications specified in
subdivision (b), the board shall accept as equivalent degrees those
master's or doctor's degrees granted by educational institutions
whose degree program is approved by the Commission on Accreditation
for Marriage and Family Therapy Education.
(e) In order to provide an integrated course of study and
appropriate professional training, while allowing for innovation and
individuality in the education of marriage and family therapists, a
degree program that meets the educational qualifications for
licensure or registration under this section shall do all of the
following:
(1) Provide an integrated course of study that trains students
generally in the diagnosis, assessment, prognosis, and treatment of
mental disorders.
(2) Prepare students to be familiar with the broad range of
matters that may arise within marriage and family relationships.
(3) Train students specifically in the application of marriage and
family relationship counseling principles and methods.
(4) Encourage students to develop those personal qualities that
are intimately related to the counseling situation such as integrity,
sensitivity, flexibility, insight, compassion, and personal
presence.
(5) Teach students a variety of effective psychotherapeutic
techniques and modalities that may be utilized to improve, restore,
or maintain healthy individual, couple, and family relationships.
(6) Permit an emphasis or specialization that may address any one
or more of the unique and complex array of human problems, symptoms,
and needs of Californians served by marriage and family therapists.
(7) Prepare students to be familiar with cross-cultural mores and
values, including a familiarity with the wide range of racial and
ethnic backgrounds common among California's population, including,
but not limited to, Blacks, Hispanics, Asians, and Native Americans.
(f) Educational institutions are encouraged to design the
practicum required by this section to include marriage and family
therapy experience in low-income and multicultural mental health
settings.
(g) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 22. Section 4980.40.5 of the Business and Professions Code is
amended to read:
4980.40.5. (a) A doctoral or master's degree in marriage, family,
and child counseling, marital and family therapy, couple and
family therapy, psychology, clinical psychology, counseling
psychology, or counseling with an emphasis in either marriage,
family, and child counseling, or marriage and family therapy,
obtained from a school, college, or university approved by the Bureau
for Private Postsecondary and Vocational
Education as of June 30, 2007, shall be considered by the board to
meet the requirements necessary for licensure as a marriage and
family therapist and for registration as a marriage and family
therapist intern provided that the degree is conferred on or before
July 1, 2010.
(b) As an alternative to meeting the qualifications specified in
subdivision (a) of Section 4980.40, the board shall accept as
equivalent degrees those doctoral or master's degrees that otherwise
meet the requirements of this chapter and are conferred by
educational institutions accredited by any of the following
associations:
(1) Northwest Commission on Colleges and Universities.
(2) Middle States Association of Colleges and Secondary Schools.
(3) New England Association of Schools and Colleges.
(4) North Central Association of Colleges and Secondary Schools.
(5) Southern Association of Colleges and Schools.
SEC. 23. Section 4980.42 of the Business and Professions Code is
amended to read:
4980.42. (a) Trainees performing services in any work setting
specified in subdivision (e) (d) of
Section 4980.43 may perform those activities and services as a
trainee, provided that the activities and services constitute part of
the trainee's supervised course of study and that the person is
designated by the title "trainee." Trainees may gain hours of
experience outside the
required practicum. Those hours shall be subject to the requirements
of subdivision (b) and to the other requirements of this chapter.
(b) On and after January 1, 1995, all hours of experience gained
as a trainee shall be coordinated between the school and the site
where the hours are being accrued. The school shall approve each site
and shall have a written agreement with each site that details each
party's responsibilities, including the methods by which supervision
shall be provided. The agreement shall provide for regular progress
reports and evaluations of the student's performance at the site. If
an applicant has gained hours of experience while enrolled in an
institution other than the one that confers the qualifying degree, it
shall be the applicant's responsibility to provide to the board
satisfactory evidence that those hours of trainee experience were
gained in compliance with this section.
SEC. 24. Section 4980.43 of the Business and Professions Code is
amended to read:
4980.43. (a) Prior to applying for licensure examinations, each
applicant shall complete experience that shall comply with the
following:
(1) A minimum of 3,000 hours completed during a period of at least
104 weeks.
(2) Not more than 40 hours in any seven consecutive days.
(3) Not less than 1,700 hours of supervised experience completed
subsequent to the granting of the qualifying master's or doctoral
degree.
(4) Not more than 1,300 hours of supervised experience obtained
prior to completing a master's or doctoral degree.
The applicant shall not be credited with more than 750 hours of
counseling and direct supervisor contact prior to completing the
master's or doctoral degree.
(5) No hours of experience may be gained prior to completing
either 12 semester units or 18 quarter units of graduate instruction
and becoming a trainee except for personal psychotherapy.
(6) No hours of experience may be gained more than six years prior
to the date the application for examination eligibility was filed,
except that up to 500 hours of clinical experience gained in the
supervised practicum required by subdivision (c) of Section 4980.37
and subparagraph (B) of paragraph (1) of subdivision (d) of Section
4980.36 shall be exempt from this six-year requirement.
(7) Not more than a combined total of 1,250
1,000 hours of experience in the following:
(A) Direct supervisor contact.
(B) Professional enrichment activities. For purposes of this
chapter, "professional enrichment activities" include the following:
(i) Workshops, seminars, training sessions, or conferences
directly related to marriage and family therapy attended by the
applicant that are approved by the applicant's supervisor. An
applicant shall have no more than 250 hours of verified attendance at
these workshops, seminars, training sessions, or conferences.
(ii) Participation by the applicant in personal psychotherapy,
which includes group, marital or conjoint, family, or individual
psychotherapy by an appropriately licensed professional. An applicant
shall have no more than 100 hours of participation in personal
psychotherapy. The applicant shall be credited with three hours of
experience for each hour of personal psychotherapy.
(C) Client centered advocacy.
(8) Not more than 500 hours of experience providing group therapy
or group counseling.
(9) For all hours gained on or after January 1, 2012, not more
than 500 hours of experience in the following:
(9)
(A) Not more than 250 hours of experience administering
and evaluating psychological tests, writing clinical reports,
writing progress notes, or writing process notes.
(B) Client centered advocacy.
(10) Not less than 500 total hours of experience in diagnosing and
treating couples, families, and children. For up to 150 hours of
treating couples and families in conjoint therapy, the applicant
shall be credited with two hours of experience for each hour of
therapy provided.
(11) Not more than 375 hours of experience providing personal
psychotherapy, crisis counseling, or other counseling services via
telemedicine in accordance with Section 2290.5.
(12) It is anticipated and encouraged that hours of experience
will include working with elders and dependent adults who have
physical or mental limitations that restrict their ability to carry
out normal activities or protect their rights.
This subdivision shall only apply to hours gained on and after
January 1, 2010.
(b) All applicants, trainees, and registrants shall be at all
times under the supervision of a supervisor who shall be responsible
for ensuring that the extent, kind, and quality of counseling
performed is consistent with the training and experience of the
person being supervised, and who shall be responsible to the board
for compliance with all laws, rules, and regulations governing the
practice of marriage and family therapy. Supervised experience shall
be gained by interns and trainees either as an employee or as a
volunteer. The requirements of this chapter regarding gaining hours
of experience and supervision are applicable equally to employees and
volunteers. Experience shall not be gained by interns or trainees as
an independent contractor.
(1) If employed, an intern shall provide the board with copies of
the corresponding W-2 tax forms for each year of experience claimed
upon application for licensure.
(2) If volunteering, an intern shall provide the board with a
letter from his or her employer verifying the intern's employment as
a volunteer upon application for licensure.
(c) Supervision shall include at least one hour of direct
supervisor contact in each week for which experience is credited in
each work setting, as specified:
(1) A trainee shall receive an average of at least one hour of
direct supervisor contact for every five hours of client contact in
each setting.
(2) An individual supervised after being granted a qualifying
degree shall receive at least one additional hour of direct
supervisor contact for every week in which more than 10 hours of
client contact is gained in each setting. No more than five hours of
supervision, whether individual or group, shall be credited during
any single week.
(3) For purposes of this section, "one hour of direct supervisor
contact" means one hour per week of face-to-face contact on an
individual basis or two hours per week of face-to-face contact in a
group.
(4) Direct supervisor contact shall occur within the same week as
the hours claimed.
(5) Direct supervisor contact provided in a group shall be
provided in a group of not more than eight supervisees and in
segments lasting no less than one continuous hour.
(6) Notwithstanding paragraph (3), an intern working in a
governmental entity, a school, a college, or a university, or an
institution that is both nonprofit and charitable may obtain the
required weekly direct supervisor contact via two-way, real-time
videoconferencing. The supervisor shall be responsible for ensuring
that client confidentiality is upheld.
(7) All experience gained by a trainee shall be monitored by the
supervisor as specified by regulation.
(d) (1) A trainee may be credited with supervised experience
completed in any setting that meets all of the following:
(A) Lawfully and regularly provides mental health counseling or
psychotherapy.
(B) Provides oversight to ensure that the trainee's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as defined in Section 4980.02.
(C) Is not a private practice owned by a licensed marriage and
family therapist, a licensed psychologist, a licensed clinical social
worker, a licensed physician and surgeon, or a professional
corporation of any of those licensed professions.
(2) Experience may be gained by the trainee solely as part of the
position for which the trainee volunteers or is employed.
(e) (1) An intern may be credited with supervised experience
completed in any setting that meets both of the following:
(A) Lawfully and regularly provides mental health counseling or
psychotherapy.
(B) Provides oversight to ensure that the intern's work at the
setting meets the experience and supervision requirements set forth
in this chapter and is within the scope of practice for the
profession as defined in Section 4980.02.
(2) An applicant shall not be employed or volunteer in a private
practice, as defined in subparagraph (C) of paragraph (1) of
subdivision (d), until registered as an intern.
(3) While an intern may be either a paid employee or a volunteer,
employers are encouraged to provide fair remuneration to interns.
(4) Except for periods of time during a supervisor's vacation or
sick leave, an intern who is employed or volunteering in private
practice shall be under the direct supervision of a licensee that has
satisfied the requirements of subdivision (g) of Section 4980.03.
The supervising licensee shall either be employed by and practice at
the same site as the intern's employer, or shall be an owner or
shareholder of the private practice. Alternative supervision may be
arranged during a supervisor's vacation or sick leave if the
supervision meets the requirements of this section.
(5) Experience may be gained by the intern solely as part of the
position for which the intern volunteers or is employed.
(f) Except as provided in subdivision (g), all persons shall
register with the board as an intern in order to be credited for
postdegree hours of supervised experience gained toward licensure.
(g) Except when employed in a private practice setting, all
postdegree hours of experience shall be credited toward licensure so
long as the applicant applies for the intern registration within 90
days of the granting of the qualifying master's or doctoral degree
and is thereafter granted the intern registration by the board.
(h) Trainees, interns, and applicants shall not receive any
remuneration from patients or clients, and shall only be paid by
their employers.
(i) Trainees, interns, and applicants shall only perform services
at the place where their employers regularly conduct business, which
may include performing services at other locations, so long as the
services are performed under the direction and control of their
employer and supervisor, and in compliance with the laws and
regulations pertaining to supervision. Trainees and interns shall
have no proprietary interest in their employers' businesses and shall
not lease or rent space, pay for furnishings, equipment or supplies,
or in any other way pay for the obligations of their employers.
(j) Trainees, interns, or applicants who provide volunteered
services or other services, and who receive no more than a total,
from all work settings, of five hundred dollars ($500) per month as
reimbursement for expenses actually incurred by those trainees,
interns, or applicants for services rendered in any lawful work
setting other than a private practice shall be considered an employee
and not an independent contractor. The board may audit applicants
who receive reimbursement for expenses, and the applicants shall have
the burden of demonstrating that the payments received were for
reimbursement of expenses actually incurred.
(k) Each educational institution preparing applicants for
licensure pursuant to this chapter shall consider requiring, and
shall encourage, its students to undergo individual, marital or
conjoint, family, or group counseling or psychotherapy, as
appropriate. Each supervisor shall consider, advise, and encourage
his or her interns and trainees regarding the advisability of
undertaking individual, marital or conjoint, family, or group
counseling or psychotherapy, as appropriate. Insofar as it is deemed
appropriate and is desired by the applicant, the educational
institution and supervisors are encouraged to assist the applicant in
locating that counseling or psychotherapy at a reasonable cost.
SEC. 25. Section 4980.45 of the Business and Professions Code is
amended to read:
4980.45. (a) A licensed professional in private practice who has
satisfied the requirements of subdivision (g) of Section 4980.03 may
supervise or employ, at any one time, no more than a total of
two three individuals registered as
either a marriage and family therapist intern
, clinical counselor intern, or associate clinical social
worker in that private practice.
(b) A marriage and family therapy corporation may employ, at any
one time, no more than a total of two three
individuals registered as either a marriage
and family therapist intern , clinical counselor intern,
or associate clinical social worker for each employee or shareholder
who has satisfied the requirements of subdivision (g) of Section
4980.03. In no event shall any marriage and family therapy
corporation employ, at any one time, more than a total of
10 15 individuals registered as either
a marriage and family therapist intern , clinical
counselor intern, or associate clinical social worker. In no
event shall any supervisor supervise, at any one time, more than a
total of two three individuals
registered as either a marriage and family therapist intern ,
clinical counselor intern, or associate clinical social worker.
Persons who supervise individuals registered as either a marriage
and family therapist intern or associate clinical social worker shall
be employed full time by the professional
marriage and family therapy corporation and shall be actively
engaged in performing professional services at and for the
professional marriage and family therapy
corporation. Employment and supervision within a marriage and family
therapy corporation shall be subject to all laws and regulations
governing experience and supervision gained in a private practice
setting.
SEC. 26. Section 4982.25 of the Business and Professions Code is
amended to read:
4982.25. The board may deny an application, or may suspend or
revoke a license or registration issued under this chapter, for any
of the following:
(a) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by another state or territory
or possession of the United States, or by any other governmental
agency, on a license, certificate, or registration to practice
marriage and family therapy, or any other healing art, shall
constitute unprofessional conduct. A certified copy of the
disciplinary action decision or judgment shall be conclusive evidence
of that action.
(b) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice as a marriage
and family therapist, clinical social worker, professional
clinical counselor, or educational psychologist shall also constitute
grounds for disciplinary action for unprofessional conduct against
the licensee or registrant under this chapter.
SEC. 27. Section 4989.54 of the Business and Professions Code is
amended to read:
4989.54. The board may deny a license or may suspend or revoke
the license of a licensee if he or she has been guilty of
unprofessional conduct. Unprofessional conduct includes, but is not
limited to, the following:
(a) Conviction of a crime substantially related to the
qualifications, functions, and duties of an educational psychologist.
(1) The record of conviction shall be conclusive evidence only of
the fact that the conviction occurred.
(2) The board may inquire into the circumstances surrounding the
commission of the crime in order to fix the degree of discipline or
to determine if the conviction is substantially related to the
qualifications, functions, or duties of a licensee under this
chapter.
(3) A plea or verdict of guilty or a conviction following a plea
of nolo contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee under this chapter
shall be deemed to be a conviction within the meaning of this
section.
(4) The board may order a license suspended or revoked, or may
decline to issue a license when the time for appeal has elapsed, or
the judgment of conviction has been affirmed on appeal, or when an
order granting probation is made suspending the imposition of
sentence, irrespective of a subsequent order under Section 1203.4 of
the Penal Code allowing the person to withdraw a plea of guilty and
enter a plea of not guilty or setting aside the verdict of guilty or
dismissing the accusation, information, or indictment.
(b) Securing a license by fraud, deceit, or misrepresentation on
an application for licensure submitted to the board, whether engaged
in by an applicant for a license or by a licensee in support of an
application for licensure.
(c) Administering to himself or herself a controlled substance or
using any of the dangerous drugs specified in Section 4022 or an
alcoholic beverage to the extent, or in a manner, as to be dangerous
or injurious to himself or herself or to any other person or to the
public or to the extent that the use impairs his or her ability to
safely perform the functions authorized by the license. The board
shall deny an application for a license or revoke the license of any
person, other than one who is licensed as a physician and surgeon,
who uses or offers to use drugs in the course of performing
educational psychology.
(d) Failure to comply with the consent provisions in Section
2290.5.
(e) Advertising in a manner that is false, fraudulent, misleading,
or deceptive, as defined in Section 651.
(f) Violating, attempting to violate, or conspiring to violate any
of the provisions of this chapter or any regulation adopted by the
board.
(g) Commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee.
(h) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by another state or territory
or possession of the United States or by any other governmental
agency, on a license, certificate, or registration to practice
educational psychology or any other healing art. A certified copy of
the disciplinary action, decision, or judgment shall be conclusive
evidence of that action.
(i) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice as a
an educational psychologist, a clinical social
worker, professional clinical counselor, or marriage and family
therapist.
(j) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
(k) Gross negligence or incompetence in the practice of
educational psychology.
(l) Misrepresentation as to the type or status of a license held
by the licensee or otherwise misrepresenting or permitting
misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
(m) Intentionally or recklessly causing physical or emotional harm
to any client.
(n) Engaging in sexual relations with a client or a former client
within two years following termination of professional services,
soliciting sexual relations with a client, or committing an act of
sexual abuse or sexual misconduct with a client or committing an act
punishable as a sexually related crime, if that act or solicitation
is substantially related to the qualifications, functions, or duties
of a licensed educational psychologist.
(o) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services or the basis upon which that fee will be
computed.
(p) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients.
(q) Failing to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client that is obtained from tests or
other means.
(r) Performing, holding himself or herself out as being able to
perform, or offering to perform any professional services beyond the
scope of the license authorized by this chapter or beyond his or her
field or fields of competence as established by his or her education,
training, or experience.
(s) Reproducing or describing in public, or in any publication
subject to general public distribution, any psychological test or
other assessment device the value of which depends in whole or in
part on the naivete of the subject in ways that might invalidate the
test or device. An educational psychologist shall limit access to the
test or device to persons with professional interests who can be
expected to safeguard its use.
(t) Aiding or abetting an unlicensed person to engage in conduct
requiring a license under this chapter.
(u) When employed by another person or agency, encouraging, either
orally or in writing, the employer's or agency's clientele to
utilize his or her private practice for further counseling without
the approval of the employing agency or administration.
(v) Failing to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
(w) Failing to comply with the elder and adult dependent abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
(x) Willful violation of Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code.
(y) (1) Engaging in an act described in Section 261, 286, 288a, or
289 of the Penal Code with a minor or an act described in Section
288 or 288.5 of the Penal Code regardless of whether the act occurred
prior to or after the time the registration or license was issued by
the board. An act described in this subdivision occurring prior to
the effective date of this subdivision shall constitute
unprofessional conduct and shall subject the licensee to refusal,
suspension, or revocation of a license under this section.
(2) The Legislature hereby finds and declares that protection of
the public, and in particular minors, from sexual misconduct by a
licensee is a compelling governmental interest, and that the ability
to suspend or revoke a license for sexual conduct with a minor
occurring prior to the effective date of this section is equally
important to protecting the public as is the ability to refuse a
license for sexual conduct with a minor occurring prior to the
effective date of this section.
(z) Engaging in any conduct that subverts or attempts to subvert
any licensing examination or the administration of the examination as
described in Section 123.
(aa) Impersonation of another by any licensee or applicant for a
license, or, in the case of a licensee, allowing any other person to
use his or her license.
(ab) Permitting a person under his or her supervision or control
to perform, or permitting that person to hold himself or herself out
as competent to perform, professional services beyond the level of
education, training, or experience of that person.
SEC. 28. Section 4990.38 of the Business and Professions Code is
amended to read:
4990.38. The board may deny an application or may suspend or
revoke a license or registration issued under the chapters it
administers and enforces for any disciplinary action imposed by
this state or another state or territory or possession of the
United States, or by a governmental agency on a license, certificate
or registration to practice marriage and family therapy, clinical
social work, educational psychology, professional clinical
counseling, or any other healing art. The disciplinary action, which
may include denial of licensure or revocation or suspension of the
license or imposition of restrictions on it, constitutes
unprofessional conduct. A certified copy of the disciplinary action
decision or judgment shall be conclusive evidence of that action.
SEC. 29. Section 4992.3 of the Business and Professions Code is
amended to read:
4992.3. The board may deny a license or a registration, or may
suspend or revoke the license or registration of a licensee or
registrant if he or she has been guilty of unprofessional conduct.
Unprofessional conduct includes, but is not limited to, the
following:
(a) The conviction of a crime substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The board may
inquire into the circumstances surrounding the commission of the
crime in order to fix the degree of discipline or to determine if the
conviction is substantially related to the qualifications,
functions, or duties of a licensee or registrant under this chapter.
A plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter is a conviction within the meaning of this
section. The board may order any license or registration suspended or
revoked, or may decline to issue a license or registration when the
time for appeal has elapsed, or the judgment of conviction has been
affirmed on appeal, or, when an order granting probation is made
suspending the imposition of sentence, irrespective of a subsequent
order under Section 1203.4 of the Penal Code allowing the person to
withdraw a plea of guilty and enter a plea of not guilty, or setting
aside the verdict of guilty, or dismissing the accusation,
information, or indictment.
(b) Securing a license or registration by fraud, deceit, or
misrepresentation on any application for licensure or registration
submitted to the board, whether engaged in by an applicant for a
license or registration, or by a licensee in support of any
application for licensure or registration.
(c) Administering to himself or herself any controlled substance
or using any of the dangerous drugs specified in Section 4022 or any
alcoholic beverage to the extent, or in a manner, as to be dangerous
or injurious to the person applying for a registration or license or
holding a registration or license under this chapter, or to any other
person, or to the public, or, to the extent that the use impairs the
ability of the person applying for or holding a registration or
license to conduct with safety to the public the practice
authorized by the registration
or license. The board shall deny an application for a registration
or license or revoke the license or registration of any person who
uses or offers to use drugs in the course of performing clinical
social work. This provision does not apply to any person also
licensed as a physician and surgeon under Chapter 5 (commencing with
Section 2000) or the Osteopathic Act who lawfully prescribes drugs to
a patient under his or her care.
(d) Incompetence in the performance of clinical social work.
(e) An act or omission that falls sufficiently below the standard
of conduct of the profession as to constitute an act of gross
negligence.
(f) Violating, attempting to violate, or conspiring to violate
this chapter or any regulation adopted by the board.
(g) Misrepresentation as to the type or status of a license or
registration held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
For purposes of this subdivision, this misrepresentation includes,
but is not limited to, misrepresentation of the person's
qualifications as an adoption service provider pursuant to Section
8502 of the Family Code.
(h) Impersonation of another by any licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee, allowing any other person to use his or her license or
registration.
(i) Aiding or abetting any unlicensed or unregistered person to
engage in conduct for which a license or registration is required
under this chapter.
(j) Intentionally or recklessly causing physical or emotional harm
to any client.
(k) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
(l) Engaging in sexual relations with a client or with a former
client within two years from the termination date of therapy with the
client, soliciting sexual relations with a client, or committing an
act of sexual abuse, or sexual misconduct with a client, or
committing an act punishable as a sexually related crime, if that act
or solicitation is substantially related to the qualifications,
functions, or duties of a clinical social worker.
(m) Performing, or holding one's self out as being able to
perform, or offering to perform or permitting, any registered
associate clinical social worker or intern under supervision to
perform any professional services beyond the scope of the
license authorized by this chapter. one's competence,
as established by one's education, training, or experience. This
subdivision shall not be construed to expand the scope of the license
authorized by this chapter.
(n) Failure to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client that is obtained from tests or
other means.
(o) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
(p) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional counseling
services actually provided by the licensee. Nothing in this
subdivision shall prevent collaboration among two or more licensees
in a case or cases. However, no fee shall be charged for that
collaboration, except when disclosure of the fee has been made in
compliance with subdivision (o).
(q) Advertising in a manner that is false, fraudulent, misleading,
or deceptive, as defined in Section 651.
(r) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device. A licensee shall limit access to that test or device
to persons with professional interest who are expected to safeguard
its use.
(s) Any conduct in the supervision of any registered associate
clinical social worker, intern, or trainee by any licensee that
violates this chapter or any rules or regulations adopted by the
board.
(t) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
(u) Failure to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
(v) Failure to comply with the elder and dependent adult abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
(w) Willful violation of Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code.
(x) Failure to comply with Section 2290.5.
(y) (1) Engaging in an act described in Section 261, 286, 288a, or
289 of the Penal Code with a minor or an act described in Section
288 or 288.5 of the Penal Code regardless of whether the act occurred
prior to or after the time the registration or license was issued by
the board. An act described in this subdivision occurring prior to
the effective date of this subdivision shall constitute
unprofessional conduct and shall subject the licensee to refusal,
suspension, or revocation of a license under this section.
(2) The Legislature hereby finds and declares that protection of
the public, and in particular minors, from sexual misconduct by a
licensee is a compelling governmental interest, and that the ability
to suspend or revoke a license for sexual conduct with a minor
occurring prior to the effective date of this section is equally
important to protecting the public as is the ability to refuse a
license for sexual conduct with a minor occurring prior to the
effective date of this section.
(z) Engaging in any conduct that subverts or attempts to subvert
any licensing examination or the administration of the examination as
described in Section 123.
SEC. 30. Section 4992.36 of the Business and Professions Code is
amended to read:
4992.36. The board may deny an application, or may suspend or
revoke a license or registration issued under this chapter, for any
of the following:
(a) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by another state or territory
of the United States, or by any other governmental agency, on a
license, certificate, or registration to practice clinical social
work or any other healing art shall constitute grounds for
disciplinary action for unprofessional conduct. A certified copy of
the disciplinary action decision or judgment shall be conclusive
evidence of that action.
(b) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice clinical
social work, marriage and family therapy, professional clinical
counseling, or educational psychology against a licensee or
registrant shall also constitute grounds for disciplinary action for
unprofessional conduct under this chapter.
SEC. 31. Section 4996.13 of the Business and Professions Code is
amended to read:
4996.13. Nothing in this article shall prevent qualified members
of other professional groups from doing work of a psychosocial nature
consistent with the standards and ethics of their respective
professions. However, they shall not hold themselves out to the
public by any title or description of services incorporating the
words psychosocial, or clinical social worker, or that they shall not
state or imply that they are licensed to practice clinical social
work. These qualified members of other professional groups include,
but are not limited to, the following:
(a) A physician and surgeon certified pursuant to Chapter 5
(commencing with Section 2000).
(b) A psychologist licensed pursuant to Chapter 6.6 (commencing
with Section 2900).
(c) Members of the State Bar of California.
(d) Marriage and family therapists licensed pursuant to Chapter 13
(commencing with Section 4980).
(e) Licensed professional clinical counselors pursuant to Chapter
16 (commencing with Section 4999.10).
(e)
(f) A priest, rabbi, or minister of the gospel of any
religious denomination.
SEC. 32. Section 4996.24 of the Business and Professions Code is
amended to read:
4996.24. (a) A licensee in private practice who has satisfied the
requirements of Section 1870 of Title 16 of the California Code of
Regulations may supervise or employ, at any one time, no more than a
total of two three individuals
registered as either a marriage and family therapist intern ,
clinical counselor intern, or associate clinical social worker
in that private practice.
(b) A licensed clinical social workers' corporation may employ, at
any one time, no more than a total of two
three individuals registered as either a marriage and family
therapist intern , clinical counselor intern, or associate
clinical social worker for each employee or shareholder who has
satisfied the requirements of Section 1870 of Title 16 of the
California Code of Regulations.
(c) In no event shall any licensed clinical social workers'
corporation employ, at any one time, more than a total of
10 15 individuals registered as either
a marriage and family therapist intern , clinical
counselor intern, or associate clinical social worker. In no
event shall any supervisor supervise, at any one time, more than a
total of two three individuals
registered as either a marriage and family therapist intern ,
clinical counselor intern, or associate clinical social worker.
Persons who supervise individuals registered as either a marriage
and family therapist intern , clinical counselor intern,
or associate clinical social worker shall be employed full time by
the professional licensed clinical social
workers' corporation and shall be actively engaged in
performing professional services at and for the professional
licensed clinical social workers' corporation.
Employment and supervision within the licensed clinical social
workers' corporation shall be subject to all laws and regulations
governing experience and supervision gained in a private practice
setting.
SEC. 33. Section 4999.12 of the Business and Professions Code is
amended to read:
4999.12. For purposes of this chapter, the following terms have
the following meanings:
(a) "Board" means the Board of Behavioral Sciences.
(b) "Accredited" means a school, college, or university accredited
by the Western Association of Schools and Colleges, or its
equivalent regional accrediting association.
(c) "Approved" means a school, college, or university that
possessed unconditional approval by the Bureau for Private
Postsecondary and Vocational Education at the time
of the applicant's graduation from the school, college, or
university.
(d) "Applicant" means an unlicensed person who has completed a
master's or doctoral degree program, as specified in Section 4999.32
or 4999.33, as applicable, and whose application for registration as
an intern is pending or who has applied for examination eligibility,
or an unlicensed person who has completed the requirements for
licensure specified in this chapter and is no longer registered with
the board as an intern.
(e) "Licensed professional clinical counselor" or "LPCC" means a
person licensed under this chapter to practice professional clinical
counseling, as defined in Section 4999.20.
(f) "Intern" means an unlicensed person who meets the requirements
of Section 4999.42 and is registered with the board.
(g) "Clinical counselor trainee" means an unlicensed person who is
currently enrolled in a master's or doctoral degree program, as
specified in Section 4999.32 or 4999.33, as applicable, that is
designed to qualify him or her for licensure under this chapter, and
who has completed no less than 12 semester units or 18 quarter units
of coursework in any qualifying degree program.
(h) "Approved supervisor" means an individual who meets the
following requirements:
(1) Has documented two years of clinical experience as a licensed
professional clinical counselor, licensed marriage and family
therapist, licensed clinical psychologist, licensed clinical social
worker, or licensed physician and surgeon who is certified in
psychiatry by the American Board of Psychiatry and Neurology.
(2) Has received professional training in supervision.
(3) Has not provided therapeutic services to the clinical
counselor trainee or intern.
(4) Has a current and valid license that is not under suspension
or probation.
(i) "Client centered advocacy" includes, but is not limited to,
researching, identifying, and accessing resources, or other
activities, related to obtaining or providing services and supports
for clients or groups of clients receiving psychotherapy or
counseling services.
(j) "Advertising" or "advertise" includes, but is not limited to,
the issuance of any card, sign, or device to any person, or the
causing, permitting, or allowing of any sign or marking on, or in,
any building or structure, or in any newspaper or magazine or in any
directory, or any printed matter whatsoever, with or without any
limiting qualification. It also includes business solicitations
communicated by radio or television broadcasting. Signs within church
buildings or notices in church bulletins mailed to a congregation
shall not be construed as advertising within the meaning of this
chapter.
(k) "Referral" means evaluating and identifying the needs of a
client to determine whether it is advisable to refer the client to
other specialists, informing the client of that judgment, and
communicating that determination as requested or deemed appropriate
to referral sources.
(l) "Research" means a systematic effort to collect, analyze, and
interpret quantitative and qualitative data that describes how social
characteristics, behavior, emotion, cognitions, disabilities, mental
disorders, and interpersonal transactions among individuals and
organizations interact.
(m) "Supervision" includes the following:
(1) Ensuring that the extent, kind, and quality of counseling
performed is consistent with the education, training, and experience
of the person being supervised.
(2) Reviewing client or patient records, monitoring and evaluating
assessment, diagnosis, and treatment decisions of the clinical
counselor trainee.
(3) Monitoring and evaluating the ability of the intern or
clinical counselor trainee to provide services to the particular
clientele at the site or sites where he or she will be practicing.
(4) Ensuring compliance with laws and regulations governing the
practice of licensed professional clinical counseling.
(5) That amount of direct observation, or review of audio or
videotapes of counseling or therapy, as deemed appropriate by the
supervisor.
SEC. 34. Section 4999.90 of the Business and Professions Code is
amended to read:
4999.90. The board may refuse to issue any registration or
license, or may suspend or revoke the registration or license of any
intern or licensed professional clinical counselor, if the applicant,
licensee, or registrant has been guilty of unprofessional conduct.
Unprofessional conduct includes, but is not limited to, the
following:
(a) The conviction of a crime substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The board may
inquire into the circumstances surrounding the commission of the
crime in order to fix the degree of discipline or to determine if the
conviction is substantially related to the qualifications,
functions, or duties of a licensee or registrant under this chapter.
A plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter shall be deemed to be a conviction within the
meaning of this section. The board may order any license or
registration suspended or revoked, or may decline to issue a license
or registration when the time for appeal has elapsed, or the judgment
of conviction has been affirmed on appeal, or, when an order
granting probation is made suspending the imposition of sentence,
irrespective of a subsequent order under Section 1203.4 of the Penal
Code allowing the person to withdraw a plea of guilty and enter a
plea of not guilty, or setting aside the verdict of guilty, or
dismissing the accusation, information, or indictment.
(b) Securing a license or registration by fraud, deceit, or
misrepresentation on any application for licensure or registration
submitted to the board, whether engaged in by an applicant for a
license or registration, or by a licensee in support of any
application for licensure or registration.
(c) Administering to himself or herself any controlled substance
or using any of the dangerous drugs specified in Section 4022, or any
alcoholic beverage to the extent, or in a manner, as to be dangerous
or injurious to the person applying for a registration or license or
holding a registration or license under this chapter, or to any
other person, or to the public, or, to the extent that the use
impairs the ability of the person applying for or holding a
registration or license to conduct with safety to the public the
practice authorized by the registration or license, or the conviction
of more than one misdemeanor or any felony involving the use,
consumption, or self-administration of any of the substances referred
to in this subdivision, or any combination thereof. The board shall
deny an application for a registration or license or revoke the
license or registration of any person, other than one who is licensed
as a physician and surgeon, who uses or offers to use drugs in the
course of performing licensed professional clinical counseling
services.
(d) Gross negligence or incompetence in the performance of
licensed professional clinical counseling services.
(e) Violating, attempting to violate, or conspiring to violate any
of the provisions of this chapter or any regulation adopted by the
board.
(f) Misrepresentation as to the type or status of a license or
registration held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
(g) Impersonation of another by any licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee or registrant, allowing any other person to use his or her
license or registration.
(h) Aiding or abetting, or employing, directly or indirectly, any
unlicensed or unregistered person to engage in conduct for which a
license or registration is required under this chapter.
(i) Intentionally or recklessly causing physical or emotional harm
to any client.
(j) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
(k) Engaging in sexual relations with a client, or a former client
within two years following termination of therapy, soliciting sexual
relations with a client, or committing an act of sexual abuse, or
sexual misconduct with a client, or committing an act punishable as a
sexually related crime, if that act or solicitation is substantially
related to the qualifications, functions, or duties of a licensed
professional clinical counselor.
(l) Performing, or holding oneself out as being able to perform,
or offering to perform, or permitting any clinical counselor trainee
or intern under supervision to perform, any professional services
beyond the scope of the license authorized by this chapter.
(m) Failure to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client which is obtained from tests or
other means.
(n) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
(o) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional clinical
counseling services actually provided by the licensee. Nothing in
this subdivision shall prevent collaboration among two or more
licensees in a case or cases. However, no fee shall be charged for
that collaboration, except when disclosure of the fee has been made
in compliance with subdivision (n).
(p) Advertising in a manner that is false, fraudulent, misleading,
or deceptive, as defined in Section 651.
(q) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device.
(r) Any conduct in the supervision of a registered intern,
associate clinical social worker, or clinical counselor trainee by
any licensee that violates this chapter or any rules or regulations
adopted by the board.
(s) Performing or holding oneself out as being able to perform
professional services beyond the scope of one's competence, as
established by one's education, training, or experience. This
subdivision shall not be construed to expand the scope of the license
authorized by this chapter.
(t) Permitting a clinical counselor trainee or intern under one's
supervision or control to perform, or permitting the clinical
counselor trainee or intern to hold himself or herself out as
competent to perform, professional services beyond the clinical
counselor trainee's or intern's level of education, training, or
experience.
(u) The violation of any statute or regulation of the standards of
the profession, and the nature of the services being rendered,
governing the gaining and supervision of experience required by this
chapter.
(v) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
(w) Failure to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
(x) Failing to comply with the elder and dependent adult abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
(y) Repeated acts of negligence.
(z) (1) Engaging in an act described in Section 261, 286, 288a, or
289 of the Penal Code with a minor or an act described in Section
288 or 288.5 of the Penal Code regardless of whether the act occurred
prior to or after the time the registration or license was issued by
the board. An act described in this subdivision occurring prior to
the effective date of this subdivision shall constitute
unprofessional conduct and shall subject the licensee to refusal,
suspension, or revocation of a license under this section.
(2) The Legislature hereby finds and declares that protection of
the public, and in particular minors, from sexual misconduct by a
licensee is a compelling governmental interest, and that the ability
to suspend or revoke a license for sexual conduct with a minor
occurring prior to the effective date of this section is equally
important to protecting the public as is the ability to refuse a
license for sexual conduct with a minor occurring prior to the
effective date of this section.
(aa) Engaging in any conduct that subverts or attempts to subvert
any licensing examination or the administration of an examination as
described in Section 123.
(ab) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice as a
professional clinical counselor, clinical social worker,
educational psychologist, or marriage and family therapist.
(ac) Failing to comply with the procedures set forth in Section
2290.5 when delivering health care via telemedicine.
SEC. 35. Section 4999.91 is added to the Business and Professions
Code, to read:
4999.91. The board may deny any application, or may suspend or
revoke any license or registration issued under this chapter, for any
of the following:
(a) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by this state or another state
or territory of the United States, or by any other governmental
agency, on a license, certificate, or registration to practice
professional clinical counseling or any other healing art shall
constitute grounds for disciplinary action for unprofessional
conduct. A certified copy of the disciplinary action decision or
judgment shall be conclusive evidence of that action.
(b) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice clinical
counseling, clinical social work, professional clinical counseling,
marriage and family therapy, or educational psychology shall also
constitute grounds for disciplinary action for unprofessional conduct
under this chapter.
SEC. 36. Section 4999.455 is added to the Business and Professions
Code, to read:
4999.455. (a) A licensed professional in private practice who has
satisfied the requirements of subdivision (h) of Section 4999.12 may
supervise or employ, at any one time, no more than a total of three
individuals registered as a marriage and family therapist intern,
clinical counselor intern, or associate clinical social worker in
that private practice.
(b) A professional clinical counselor corporation may employ, at
any one time, no more than three individuals registered as a marriage
and family therapist intern, clinical counselor intern, or associate
clinical social worker for each employee or shareholder who has
satisfied the requirements of subdivision (h) of Section 4999.12. In
no event shall any professional clinical counselor corporation
employ, at any one time, more than 15 individuals registered as a
marriage and family
therapist intern, clinical counselor intern, or associate clinical
social worker. In no event shall any supervisor supervise, at any one
time, more than three individuals registered as a marriage and
family therapist intern, clinical counselor intern, or associate
clinical social worker. Persons who supervise individuals registered
as a marriage and family therapist intern, clinical counselor intern,
or associate clinical social worker shall be employed full time by
the professional clinical counselor corporation and shall be actively
engaged in performing professional services at and for the
professional clinical counselor corporation. Employment and
supervision within a professional clinical counselor corporation
shall be subject to all laws and regulations governing experience and
supervision gained in a private practice setting.
SEC. 37. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.