BILL NUMBER: SB 1575 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Business, Professions and Economic
Development (Senators Price (Chair), Corbett, Correa, Emmerson,
Hernandez, Negrete McLeod, Strickland, Vargas, and Wyland)
MARCH 12, 2012
An act to amend Sections 2021, 2064, 2184, 2220, 2424, 2516, 2518,
2904.5, 3057.5, 3742, 3750, 3750.5, 4980.04, 4980.34, 4980.398,
4980.399, 4980.78, 4980.80, 4984.4, 4989.16, 4989.42, 4992.07,
4992.09, 4996.6, 4999.22, 4999.32, 4999.57, 4999.58, 4999.59,
4999.90, 4999.106, and 4999.120 of, to add Section 144.5 to, and to
repeal and amend Section 4999.45 of, the Business and Professions
Code, relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
SB 1575, as introduced, Committee on Business, Professions and
Economic Development. Professions and vocations.
Existing law provides for the licensure and regulation of various
professions and vocations by boards within the Department of Consumer
Affairs.
(1) Under existing law, specified professions and vocations boards
are required to require an applicant to furnish to the board a full
set of fingerprints in order to conduct a criminal history record
check.
This bill would authorize such a board to request, and would
require a local or state agency to provide, certified records of,
among other things, all arrests and convictions needed by a board to
complete an applicant or licensee investigation.
(2) Existing law, the Medical Practice Act, provides for the
licensure and regulation of physicians and surgeons by the Medical
Board of California. Under existing law, the board issues a physician
and surgeon's certificate to a licensed physician and surgeon.
Existing law provides for the licensure and regulation of the
practice of podiatric medicine by the California Board of Podiatric
Medicine within the Medical Board of California.
Existing law requires the Medical Board of California and the
California Board of Podiatric Medicine to provide written
notification by certified mail to any physician and surgeon or
podiatrist who does not renew his or her license within 60 days of
expiration.
This bill would require the Medical Board of California and the
California Board of Podiatric Medicine to provide that written
notification either by certified mail or by electronic mail if
requested by the licensee. The bill would require the Medical Board
of California to annually send an electronic notice to all licensees
and applicants requesting confirmation that his or her electronic
mail address is current.
Existing law authorizes the Medical Board of California to take
action against all persons guilty of violating the Medical Practice
Act. Existing law requires the Medical Board of California to enforce
and administer various disciplinary provisions as to physician and
surgeon certificate holders.
This bill would specify that those certificate holders include
those who hold certificates that do not permit them to practice
medicine, such as, but not limited to, retired, inactive, or disabled
status certificate holders.
(3) Existing law, the Licensed Midwifery Practice Act of 1993,
provides for the licensure and regulation of the practice of licensed
midwifery by the Medical Board of California. A violation of the act
is a crime. Under existing law, these licenses are subject to
biennial renewal that includes the payment of a specified fee and the
completion of specified continuing education.
This bill would exempt a licensee from those renewal requirements
if the licensee has applied to the board and has been issued a
retired status license. The bill would prohibit the holder of a
retired status license from engaging in the practice of midwifery.
Because a violation of that prohibition would constitute a crime, the
bill would impose a state-mandated local program.
(4) Existing law, the Psychology Licensing Law, provides for the
licensure and regulation of psychologists by the Board of Psychology.
Existing law provides that a licensed psychologist is a health care
practitioner for purposes of specified telehealth provisions that
concern the delivery of health care via information and communication
technologies.
This bill would instead provide that a licensed psychologist is a
health care provider subject to those telehealth provisions.
(5) Existing law, the Respiratory Care Practice Act, provides for
the licensure and regulation of the practice of respiratory care by
the Respiratory Care Board of California.
Under existing law, during the period of any clinical training, a
student respiratory care practitioner is required to be under the
direct supervision, as defined, of a person holding a valid and
current license.
This bill would require such a student to be under the direct
supervision of a person with a valid, current, and unrestricted
license.
Existing law authorizes the board to order the denial, suspension,
or revocation of, or the imposition of probationary conditions upon,
a license for specified causes including a pattern of substandard
care.
This bill would expand that provision to also include negligence
in the licensee's practice as a respiratory care practitioner, or in
any capacity as a health care worker, consultant, supervisor, manager
or health facility owner, or as a party responsible for the care of
another.
Existing law authorizes the board to deny, suspend, place on
probation, or revoke the license of any applicant or licenseholder
who has obtained, possessed, used, or administered to himself or
herself, or furnished or administered to another, any controlled
substances or dangerous drug, except as directed by a specified
health care provider.
This bill would also make illegally possessing any associated
paraphernalia a ground for the denial, suspension, placing on
probation, or revocation of a license.
(6) Under existing law, the Board of Behavioral Sciences is
responsible for the licensure and regulation of marriage and family
therapists, licensed educational psychologists, licensed clinical
social workers, and licensed professional clinical counselors.
Under existing law, a license that is not renewed within 3 years
after its expiration may not be renewed. However, the former licensee
is authorized to apply for and obtain a new license if certain
requirements are met, including, but not limited to, passing one or
more current licensing examinations, as specified and submitting
certain fees.
This bill would additionally require a former licensee to comply
with the fingerprint requirements established by board regulation or
as directed by the board.
(A) Existing law, the Marriage and Family Therapist Act, with
respect to applicants for licensure or registration by reciprocity or
for those applicants who obtained education or experience outside of
California that apply on and after January 1, 2014, existing law
provides that education is substantially equivalent if certain
requirements are met, including the completion of a course in
California law and professional ethics.
This bill would require that course to be 18 hours in length.
For persons who apply for licensure between January 1, 2010, and
December 31, 2013, existing law authorizes the board to issue a
license to a person who holds a valid license from another state if
certain requirements are met, including the completion of specified
coursework or training. Existing law provides that an applicant who
completed a specified course in law and professional ethics is
required to complete an 18-hour course in California law and
professional ethics.
This bill would instead specify that an 18-hour course in
California law and professional ethics is only required if the above
specified course in law and professional ethics does not meet certain
requirements.
The bill would rename the act as the Licensed Marriage and Family
Therapist Act.
(B) Existing law, the Licensed Professional Clinical Counselor
Act, provides for the licensure and regulation of the practice of
professional clinical counseling by the Board of Behavioral Sciences.
Under existing law, to qualify for registration, an intern
applicant is required to meet certain qualifications. With respect to
applicants for registration who began graduate study before August
1, 2012, and complete study on or before December 31, 2018, an
applicant is required to complete a minimum of 18 contact hours of
instruction in California law and professional ethics prior to
registration as an intern.
This bill would describe the content of that instruction for
professional clinical counselors.
Existing law authorizes the board to refuse to issue any
registration or license, or to 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 that includes, but is not limited to, the
conviction of more than one misdemeanor or any felony involving the
use, consumption, or self-administration of any of specified
substances, or any combination thereof.
This bill would delete the conviction of more than one misdemeanor
or any felony involving the use, consumption, or self-administration
of any of specified substances, or any combination thereof, from the
list of what constitutes professional conduct. The bill would make
it unprofessional conduct to willfully violate specified provisions
governing patient access to health care records.
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 144.5 is added to the Business and Professions
Code, to read:
144.5. Notwithstanding any other provision of law, a board
described in Section 144 may request a local or state agency to
provide certified records of all arrests and convictions, certified
records regarding probation, and any and all other related
documentation needed to complete an applicant or licensee
investigation. The local or state agency shall provide those records
to the board upon receipt of such a request.
SEC. 2. Section 2021 of the Business and Professions Code is
amended to read:
2021. (a) If the board publishes a directory pursuant to Section
112, it may require persons licensed pursuant to this chapter to
furnish any information as it may deem necessary to enable it to
compile the directory.
(b) Each licensee shall report to the board each and every change
of address within 30 days after each change, giving both the old and
new address. If an address reported to the board at the time of
application for licensure or subsequently is a post office box, the
applicant shall also provide the board with a street address. If
another address is the licensee's address of record, he or she may
request that the second address not be disclosed to the public.
(c) Each licensee shall report to the board each and every change
of name within 30 days after each change, giving both the old and new
names.
(d) The board shall annually send an electronic notice to each
applicant and licensee who has chosen to receive correspondence via
electronic mail that requests confirmation from the applicant or
licensee that his or her electronic mail address is current. An
applicant or licensee that does not confirm his or her electronic
mail address shall receive correspondence at a mailing address
provided pursuant to subdivision (b).
SEC. 3. Section 2064 of the Business and Professions Code is
amended to read:
2064. Nothing in this chapter shall be construed to prevent a
regularly matriculated student undertaking a course of professional
instruction in an approved medical school, or to prevent a foreign
medical student who is enrolled in an approved medical school
and or clinical training program in
this state, or to prevent students enrolled in a program of
supervised clinical training under the direction of an approved
medical school pursuant to Section 2104, from engaging in the
practice of medicine whenever and wherever prescribed as a part of
his or her course of study.
SEC. 4. Section 2184 of the Business and Professions Code is
amended to read:
2184. (a) Each applicant shall obtain on the written examination
a passing score, established by the board pursuant to Section 2177.
(b) (1) Passing scores on each step of the United States Medical
Licensing Examination shall be valid for a period of 10 years from
the month of the examination for purposes of qualification for
licensure in California.
(2) The period of validity provided for in paragraph (1) may be
extended by the board for any of the following:
(A) For good cause.
(B) For time spent in a postgraduate training program, including,
but not limited to, residency training, clinical training,
fellowship training, remedial or refresher training, or other
training that is intended to maintain or improve medical skills.
(C) For an applicant who is a physician and surgeon in another
state or a Canadian province who is currently and actively practicing
medicine in that state or province.
(3) Upon expiration of the 10-year period plus any extension
granted by the board under paragraph (2), the applicant shall pass
the Special Purpose Examination of the Federation of State Medical
Boards or a clinical competency written examination determined by the
board to be equivalent.
SEC. 5. Section 2220 of the Business and Professions Code is
amended to read:
2220. Except as otherwise provided by law, the board may take
action against all persons guilty of violating this chapter. The
board shall enforce and administer this article as to physician and
surgeon certificate holders, including those who hold
certificates that do not permit them to practice medicine, such as,
but not limited to, retired, inactive, or disabled status certificate
holders, and the board shall have all the powers granted in
this chapter for these purposes including, but not limited to:
(a) Investigating complaints from the public, from other
licensees, from health care facilities, or from the board that a
physician and surgeon may be guilty of unprofessional conduct. The
board shall investigate the circumstances underlying a report
received pursuant to Section 805 or 805.01 within 30 days to
determine if an interim suspension order or temporary restraining
order should be issued. The board shall otherwise provide timely
disposition of the reports received pursuant to Section 805 and
Section 805.01.
(b) Investigating the circumstances of practice of any physician
and surgeon where there have been any judgments, settlements, or
arbitration awards requiring the physician and surgeon or his or her
professional liability insurer to pay an amount in damages in excess
of a cumulative total of thirty thousand dollars ($30,000) with
respect to any claim that injury or damage was proximately caused by
the physician's and surgeon's error, negligence, or omission.
(c) Investigating the nature and causes of injuries from cases
which shall be reported of a high number of judgments, settlements,
or arbitration awards against a physician and surgeon.
SEC. 6. Section 2424 of the Business and Professions Code is
amended to read:
2424. (a) The Division of Licensing board
or the California Board of Podiatric Medicine, as the case may
be, shall notify in writing either by certified mail,
return receipt requested, or by electronic mail if requested by
the licensee, any physician and surgeon or any podiatrist who
does not renew his or her license within 60 days from its date of
expiration.
(b) Notwithstanding Section 163.5, any such licensee who does not
renew his or her expired license within 90 days of its date of
expiration shall pay all the following fees:
(1) The renewal fee in effect at the time of renewal.
(2) A penalty fee equal to 50 percent of the renewal fee.
(3) The delinquency fee required by Section 2435 or 2499.5, as the
case may be.
(c) Notwithstanding any other provision of law, the renewal of any
expired physician's and surgeon's or podiatrist's license within six
months from its date of expiration shall be retroactive to the date
of expiration of that license. The division or board, for good cause,
may waive the 50 percent penalty fee and may extend retroactivity up
to two years from the expiration date of any such license.
SEC. 7. Section 2516 of the Business and Professions Code is
amended to read:
2516. (a) Each licensed midwife who assists, or supervises a
student midwife in assisting, in childbirth that occurs in an
out-of-hospital setting shall annually report to the Office of
Statewide Health Planning and Development. The report shall be
submitted no later than March 30, with the first report due in March
2008, for the prior calendar year, in a form specified by the board
and shall contain all of the following:
(1) The midwife's name and license number.
(2) The calendar year being reported.
(3) The following information with regard to cases in California
in which the midwife, or the student midwife supervised by the
midwife, assisted during the previous year when the intended place of
birth at the onset of care was an out-of-hospital setting:
(A) The total number of clients served as primary caregiver at the
onset of care.
(B) The total number of clients served with collaborative care
available through, or given by, a licensed physician and surgeon.
(C) The total number of clients served under the supervision of a
licensed physician and surgeon.
(D) The number by county of live births attended as primary
caregiver.
(E) The number, by county, of cases of fetal demise, infant
deaths, and maternal deaths attended as primary caregiver at the
discovery of the demise or death.
(F) The number of women whose primary care was transferred to
another health care practitioner during the antepartum period, and
the reason for each transfer.
(G) The number, reason, and outcome for each elective hospital
transfer during the intrapartum or postpartum period.
(H) The number, reason, and outcome for each urgent or emergency
transport of an expectant mother in the antepartum period.
(I) The number, reason, and outcome for each urgent or emergency
transport of an infant or mother during the intrapartum or immediate
postpartum period.
(J) The number of planned out-of-hospital births at the onset of
labor and the number of births completed in an out-of-hospital
setting.
(K) The number of planned out-of-hospital births completed in an
out-of-hospital setting that were any of the following:
(i) Twin births.
(ii) Multiple births other than twin births.
(iii) Breech births.
(iv) Vaginal births after the performance of a cesarean section.
(L) A brief description of any complications resulting in the
morbidity or mortality of a mother or an infant
a neonate .
(M) Any other information prescribed by the board in regulations.
(b) The Office of Statewide Health Planning and Development shall
maintain the confidentiality of the information submitted pursuant to
this section, and shall not permit any law enforcement or regulatory
agency to inspect or have copies made of the contents of any reports
submitted pursuant to subdivision (a) for any purpose, including,
but not limited to, investigations for licensing, certification, or
regulatory purposes.
(c) The office shall report to the board, by April 30, those
licensees who have met the requirements of subdivision (a) for that
year.
(d) The board shall send a written notice of noncompliance to each
licensee who fails to meet the reporting requirement of subdivision
(a). Failure to comply with subdivision (a) will result in the
midwife being unable to renew his or her license without first
submitting the requisite data to the Office of Statewide Health
Planning and Development for the year for which that data was missing
or incomplete. The board shall not take any other action against the
licensee for failure to comply with subdivision (a).
(e) The board, in consultation with the office and the Midwifery
Advisory Council, shall devise a coding system related to data
elements that require coding in order to assist in both effective
reporting and the aggregation of data pursuant to subdivision (f).
The office shall utilize this coding system in its processing of
information collected for purposes of subdivision (f).
(f) The office shall report the aggregate information collected
pursuant to this section to the board by July 30 of each year. The
board shall include this information in its annual report to the
Legislature.
(g) Notwithstanding any other provision of law, a violation of
this section shall not be a crime.
SEC. 8. Section 2518 of the Business and Professions Code is
amended to read:
2518. (a) Licenses issued pursuant to this article shall be
renewable every two years upon payment of the fee prescribed by
Section 2520 and submission of documentation that the licenseholder
has completed 36 hours of continuing education in areas that fall
within the scope of the practice of midwifery, as specified by the
board.
(b) Each license not renewed shall expire, but may be reinstated
within five years from the expiration upon payment of the prescribed
fee and upon submission of proof of the applicant's qualifications as
the board may require.
(c) A licensee is exempt from the payment of the renewal fee
required by Section 2520 and the requirement for continuing education
if the licensee has applied to the board for, and been issued, a
retired status license. The holder of a retired status license may
not engage in the practice of midwifery.
SEC. 9. Section 2904.5 of the Business and Professions Code is
amended to read:
2904.5. A psychologist licensed under this chapter is a
licentiate for purposes of paragraph (2) of subdivision (a) of
Section 805, and thus is a health care practitioner
provider subject to the provisions of Section
2290.5 pursuant to subdivision (b) of that section
.
SEC. 10. Section 3057.5 of the Business and Professions Code is
amended to read:
3057.5. Notwithstanding any other provision of this chapter, the
board shall permit a person graduate of a
foreign university who meets all of the following requirements
to take the examinations for a certificate of registration as an
optometrist:
(a) Is over the age of 18 years.
(b) Is not subject to denial of a certificate under Section 480.
(c) Has a degree as a doctor of optometry issued by a university
located outside of the United States.
SEC. 11. Section 3742 of the Business and Professions Code is
amended to read:
3742. During the period of any clinical training, a student
respiratory care practitioner shall be under the direct supervision
of a person holding a valid and ,
current , and unrestricted license issued under this
chapter. "Under the direct supervision" means assigned to a
respiratory care practitioner who is on duty and immediately
available in the assigned patient care area.
SEC. 12. Section 3750 of the Business and Professions Code is
amended to read:
3750. The board may order the denial, suspension, or revocation
of, or the imposition of probationary conditions upon, a license
issued under this chapter, for any of the following causes:
(a) Advertising in violation of Section 651 or Section 17500.
(b) Fraud in the procurement of any license under this chapter.
(c) Knowingly employing unlicensed persons who present themselves
as licensed respiratory care practitioners.
(d) Conviction of a crime that substantially relates to the
qualifications, functions, or duties of a respiratory care
practitioner. The record of conviction or a certified copy thereof
shall be conclusive evidence of the conviction.
(e) Impersonating or acting as a proxy for an applicant in any
examination given under this chapter.
(f) Negligence in his or her practice as a respiratory care
practitioner.
(g) Conviction of a violation of any of the provisions of this
chapter or of any provision of Division 2 (commencing with Section
500), or violating, or attempting to violate, directly or indirectly,
or assisting in or abetting the violation of, or conspiring to
violate any provision or term of this chapter or of any provision of
Division 2 (commencing with Section 500).
(h) The aiding or abetting of any person to violate this chapter
or any regulations duly adopted under this chapter.
(i) The aiding or abetting of any person to engage in the unlawful
practice of respiratory care.
(j) The commission of any fraudulent, dishonest, or corrupt act
which is substantially related to the qualifications, functions, or
duties of a respiratory care practitioner.
(k) Falsifying, or making grossly incorrect, grossly inconsistent,
or unintelligible entries in any patient, hospital, or other record.
(l) Changing the prescription of a physician and surgeon, or
falsifying verbal or written orders for treatment or a diagnostic
regime received, whether or not that action resulted in actual
patient harm.
(m) Denial, suspension, or revocation of any license to practice
by another agency, state, or territory of the United States for any
act or omission that would constitute grounds for the denial,
suspension, or revocation of a license in this state.
(n) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the board,
thereby risking transmission of blood-borne infectious diseases from
licensee to patient, from patient to patient, and from patient to
licensee. In administering this subdivision, the board shall consider
referencing the standards, regulations, and guidelines of the State
Department of Health Services developed pursuant to Section 1250.11
of the Health and Safety Code and the standards, regulations, and
guidelines pursuant to the California Occupational Safety and Health
Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of
the Labor Code) for preventing the transmission of HIV, hepatitis B,
and other blood-borne pathogens in health care settings. As
necessary, the board shall consult with the California Medical Board,
the Board of Podiatric Medicine, the Board of Dental Examiners, the
Board of Registered Nursing, and the Board of Vocational Nursing and
Psychiatric Technicians, to encourage appropriate consistency in the
implementation of this subdivision.
The board shall seek to ensure that licensees are informed of the
responsibility of licensees and others to follow infection control
guidelines, and of the most recent scientifically recognized
safeguards for minimizing the risk of transmission of blood-borne
infectious diseases.
(o) Incompetence in his or her practice as a respiratory care
practitioner.
(p) A pattern of substandard care or
negligence in his or her practice as a respiratory care practitioner,
or in any capacity as a health care worker, consultant, supervisor,
manager or health facility owner, or as a party responsible for the
care of another .
SEC. 13. Section 3750.5 of the Business and Professions Code is
amended to read:
3750.5. In addition to any other grounds specified in this
chapter, the board may deny, suspend, place on probation, or revoke
the license of any applicant or licenseholder who has done any of the
following:
(a) Obtained, possessed, used, or administered to himself or
herself in violation of law, or furnished or administered to another,
any controlled substances as defined in Division 10 (commencing with
Section 11000) of the Health and Safety Code, or any dangerous drug
as defined in Article 2 (commencing with Section 4015) of Chapter 9,
except as directed by a licensed physician and surgeon, dentist,
podiatrist, or other authorized health care provider , or
illegally possessed any associated paraphernalia .
(b) Used any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or any
dangerous drug as defined in Article 2 (commencing with Section
4015) of Chapter 9 of this code, or alcoholic beverages, to an extent
or in a manner dangerous or injurious to himself or herself, or to
others, or that impaired his or her ability to conduct with safety
the practice authorized by his or her license.
(c) Applied for employment or worked in any health care profession
or environment while under the influence of alcohol.
(d) Been convicted of a criminal offense involving the consumption
or self-administration of any of the substances described in
subdivisions (a) and (b), or the possession of, or falsification of a
record pertaining to, the substances described in subdivision (a),
in which event the record of the conviction is conclusive evidence
thereof.
(e) Been committed or confined by a court of competent
jurisdiction for intemperate use of or addiction to the use of any of
the substances described in subdivisions (a), (b), and (c), in which
event the court order of commitment or confinement is prima facie
evidence of that commitment or confinement.
(f) Falsified, or made grossly incorrect, grossly inconsistent, or
unintelligible entries in any hospital, patient, or other record
pertaining to the substances described in subdivision (a).
SEC. 14. Section 4980.04 of the Business and Professions Code is
amended to read:
4980.04. This chapter shall be known and may be cited as the
Licensed Marriage and Family Therapist Act.
SEC. 15. Section 4980.34 of the Business and Professions Code is
amended to read:
4980.34. It is the intent of the Legislature that the board
employ its resources for each and all of the following functions:
(a) The licensing of marriage and family therapists, clinical
social workers, professional clinical counselors, and
educational psychologists.
(b) The development and administration of licensing examinations
and examination procedures, as specified, consistent with prevailing
standards for the validation and use of licensing and certification
tests. Examinations shall measure knowledge and abilities
demonstrably important to the safe, effective practice of the
profession.
(c) Enforcement of laws designed to protect the public from
incompetent, unethical, or unprofessional practitioners.
(d) Consumer education.
SEC. 16. Section 4980.398 of the Business and Professions Code is
amended to read:
4980.398. (a) Each applicant who had previously taken and passed
the standard written examination but had not passed the clinical
vignette examination shall also obtain a passing score on the
clinical examination in order to be eligible for licensure.
(b) An applicant who had previously failed to obtain a passing
score on the standard written examination shall obtain a passing
score on the California law and ethics examination and the clinical
examination.
(c) An applicant who had previously failed to obtain a passing
score on the clinical vignette examination shall obtain a passing
score on the clinical examination.
(d)
(c) An applicant who had obtained eligibility for the
standard written examination shall take the California law and ethics
examination and the clinical examination.
(e)
(d) This section shall become operative on January 1,
2013.
SEC. 17. Section 4980.399 of the Business and Professions Code is
amended to read:
4980.399. (a) Each Except as provided in
Section 4980.398, each applicant and registrant shall obtain a
passing score on a board-administered California law and ethics
examination in order to qualify for licensure.
(b) A registrant shall participate in a board-administered
California law and ethics examination prior to his or her
registration renewal.
(c) If an applicant fails the California law and ethics
examination, he or she may retake the examination, upon payment of
the required fees, without further application except as provided in
subdivision (d).
(d) If a registrant fails to obtain a passing score on the
California law and ethics examination described in subdivision (a)
within his or her first renewal period on or after the operative date
of this section, he or she shall complete, at a minimum, a 12-hour
course in California law and ethics in order to be eligible to
participate in the California law and ethics examination. Registrants
shall only take the 12-hour California law and ethics course once
during a renewal period. The 12-hour law and ethics course required
by the section shall be taken through a board-approved continuing
education provider, a county, state or governmental entity, or a
college or university.
(e) The board shall not issue a subsequent registration number
unless the registrant has passed the California law and ethics
examination.
(f) This section shall become operative on January 1, 2013.
SEC. 18. Section 4980.78 of the Business and Professions Code is
amended to read:
4980.78. (a) This section applies to persons who apply for
licensure or registration on or after January 1, 2014.
(b) For purposes of Sections 4980.72 and 4980.74, education is
substantially equivalent if all of the following requirements are
met:
(1) The degree is obtained from a school, college, or university
accredited by an accrediting agency recognized by the United States
Department of Education and consists of, at a minimum, 48 semester or
72 quarter units, including, but not limited to, both of the
following:
(A) Six semester or nine quarter units of practicum, including,
but not limited to, a minimum of 150 hours of face-to-face
counseling.
(B) Twelve semester or 18 quarter units in the areas of marriage,
family, and child counseling and marital and family systems
approaches to treatment, as specified in subparagraph (A) of
paragraph (1) of subdivision (d) of Section 4980.36.
(2) The applicant completes any units and course content
requirements under subdivision (d) of Section 4980.36 not already
completed in his or her education.
(3) The applicant completes credit level coursework from a
degree-granting institution that provides all of the following:
(A) Instruction regarding the principles of mental health
recovery-oriented care and methods of service delivery in recovery
model practice environments.
(B) An understanding of various California cultures and the social
and psychological implications of socioeconomic position.
(C) Structured meeting 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) Instruction in addiction and co-occurring substance abuse and
mental health disorders, as specified in subparagraph (I) of
paragraph (2) of subdivision (d) of Section 4980.36.
(4) The applicant completes a an 18-hour
course in California law and professional ethics. The content
of the course shall include, but not be limited to, advertising,
scope of practice, scope of competence, treatment of minors,
confidentiality, dangerous patients, psychotherapist-patient
privilege, recordkeeping, patient access to records, the Health
Insurance Portability and Accountability Act, dual relationships,
child abuse, elder and dependent adult abuse, online therapy,
insurance reimbursement, civil liability, disciplinary actions and
unprofessional conduct, ethics complaints and ethical standards,
termination of therapy, standards of care, relevant family law,
therapist disclosures to patients, differences in legal and ethical
standards in different types of work settings, and licensing law and
licensing process.
(5) The applicant's degree title need not be identical to that
required by subdivision (b) of Section 4980.36.
SEC. 19. Section 4980.80 of the Business and Professions Code is
amended to read:
4980.80. (a) This section applies to persons who apply for
licensure between January 1, 2010, and December 31, 2013, inclusive.
(b) The board may issue a license to a person who, at the time
of application, holds a valid license issued by a board of marriage
counselor examiners, marriage therapist examiners, or corresponding
authority of any state, if all of the following requirements are
satisfied:
(1) The person has held that license for at least two years
immediately preceding the date of application.
(2) The education and supervised experience requirements are
substantially the equivalent of this chapter.
(3) The person complies with Section 4980.76, if applicable.
(4) The person successfully completes the board administered
licensing examinations as specified by subdivision (d) of Section
4980.40 and pays the fees specified.
(5) The person completes all of the following coursework or
training:
(A) (i) An applicant who completed a two semester or three quarter
unit course in law and professional ethics for marriage and family
therapists that included areas of study as specified in
does not meet the requirements of Section
4980.41 as part of his or her qualifying degree shall complete an
18-hour course in California law and professional ethics that
includes, but is not limited to, the following subjects: advertising,
scope of practice, scope of competence, treatment of minors,
confidentiality, dangerous patients, psychotherapist-patient
privilege, recordkeeping, patient access to records, requirements of
the Health Insurance Portability and Accountability Act of 1996, dual
relationships, child abuse, elder and dependent adult abuse, online
therapy, insurance reimbursement, civil liability, disciplinary
actions and unprofessional conduct, ethics complaints and ethical
standards, termination of therapy, standards of care, relevant family
law, and therapist disclosures to patients.
(ii) An applicant who has not completed a two semester or three
quarter unit course in law and professional ethics for marriage and
family therapists that included areas of study as specified in
Section 4980.41 as part of his or her qualifying degree, shall
complete a two semester or three quarter unit course in California
law and professional ethics that includes, at minimum, the areas of
study specified in Section 4980.41.
(B) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28 and
any regulations promulgated thereunder.
(C) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25 and any regulations
promulgated thereunder.
(D) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency as specified by
regulation.
(E) (i) Instruction in spousal or partner abuse assessment,
detection, and intervention. This instruction may be taken either in
fulfillment of other requirements for licensure or in a separate
course.
(ii) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(F) A minimum of a two semester or three quarter unit survey
course in psychological testing. This course may be taken either in
fulfillment of other requirements for licensure or in a separate
course.
(G) A minimum of a two semester or three quarter unit survey
course in psychopharmacology. This course may be taken either in
fulfillment of other requirements for licensure or in a separate
course.
(H) With respect to human sexuality, alcoholism and other chemical
substance dependency, spousal or partner abuse assessment,
detection, and intervention, psychological testing, and
psychopharmacology, the board may accept training or coursework
acquired out of state.
(c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 20. Section 4984.4 of the Business and Professions Code is
amended to read:
4984.4. A license that is not renewed within three years after
its expiration may not be renewed, restored, reinstated, or reissued;
however, the former licensee may apply for and obtain a
new license if the following criteria are satisfied:
(a) No fact, circumstance, or condition exists that, if the
license were issued, would constitute grounds for its revocation or
suspension.
(b) He or she submits an application for examination eligibility
and the fee for that application.
(c) He or she takes and passes the current licensing examinations.
(d) He or she submits the fee for initial license issuance.
(e) He or she complies with the fingerprint requirements
established by board regulation.
SEC. 21. Section 4989.16 of the Business and Professions Code is
amended to read:
4989.16. (a) A person appropriately credentialed by the
Commission on Teacher Credentialing may perform the functions
authorized by that credential in a public school without a license
issued under this chapter by the board.
(b) Nothing in this chapter shall be construed to constrict,
limit, or withdraw the Medical Practice Act (Chapter 5 (commencing
with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing
with Section 2700)), the Psychology Licensing Law (Chapter 6.6
(commencing with Section 2900)), the Licensed Marriage and
Family Therapist Practice Act (Chapter 13 (commencing with Section
4980)), or the Clinical Social Worker Practice Act (Chapter 14
(commencing with Section 4991)).
SEC. 22. Section 4989.42 of the Business and Professions Code is
amended to read:
4989.42. A license that is not renewed within three years after
its expiration may not be renewed, restored, reinstated, or reissued
thereafter. A former licensee may apply for a new license
if he or she satisfies all of the following requirements:
(a) No fact, circumstance, or condition exists that, if the
license were issued, would constitute grounds for its revocation or
suspension.
(b) Payment of the fees that would be required if he or she were
applying for a license for the first time.
(c) Passage of the current licensure examination.
(d) He or she complies with the fingerprint requirements
established by board regulation.
SEC. 23. Section 4992.07 of the Business and Professions Code is
amended to read:
4992.07. (a) An applicant who had previously taken and passed the
standard written examination but had not passed the clinical
vignette examination shall also obtain a passing score on the
clinical examination in order to be eligible for licensure.
(b) An applicant who had previously failed to obtain a passing
score on the standard written examination shall obtain a passing
score on the California law and ethics examination and the clinical
examination.
(c) An applicant who had previously failed to obtain a passing
score on the clinical vignette examination shall obtain a passing
score on the clinical examination.
(d)
(c) An applicant who had obtained eligibility for the
standard written examination shall take the California law and ethics
examination and the clinical examination.
(e)
(d) This section shall become operative on January 1,
2013.
SEC. 24. Section 4992.09 of the Business and Professions Code is
amended to read:
4992.09. (a) An Except as provided in
Section 4992 .07, an applicant and registrant shall
obtain a passing score on a board-administered California law and
ethics examination in order to qualify for licensure.
(b) A registrant shall participate in a board-administered
California law and ethics examination prior to his or her
registration renewal.
(c) If an applicant fails the California law and ethics
examination, he or she may retake the examination, upon payment of
the required fees, without further application except for as provided
in subdivision (d).
(d) If a registrant fails to obtain a passing score on the
California law and ethics examination described in subdivision (a)
within his or her first renewal period on or after the operative date
of this section, he or she shall complete, at a minimum, a 12-hour
course in California law and ethics in order to be eligible to
participate in the California law and ethics examination. Registrants
shall only take the 12-hour California law and ethics course once
during a renewal period. The 12-hour law and ethics course required
by the section shall be taken through a board-approved continuing
education provider, a county, state or governmental entity, or a
college or university.
(e) The board shall not issue a subsequent registration number
unless the registrant has passed the California law and ethics
examination.
(f) This section shall become operative on January 1, 2013.
SEC. 25. Section 4996.6 of the Business and Professions Code is
amended to read:
4996.6. (a) Licenses issued under this chapter shall expire no
more than 24 months after the issue date. The expiration date of the
original license shall be set by the board.
(b) To renew an unexpired license, the licensee shall, on or
before the expiration date of the license, complete the following
actions:
(1) Apply for a renewal on a form prescribed by the board.
(2) Pay a two-year renewal fee prescribed by the board.
(3) Certify compliance with the continuing education requirements
set forth in Section 4996.22.
(4) Notify the board whether he or she has been convicted, as
defined in Section 490, of a misdemeanor or felony, or whether any
disciplinary action has been taken by any regulatory or licensing
board in this or any other state, subsequent to the licensee's last
renewal.
(c) To renew an expired license within three years of its
expiration, the licensee shall, as a condition precedent to renewal,
complete all of the actions described in subdivision (b) and pay a
delinquency fee.
(d) A license that is not renewed within three years after its
expiration may not be renewed, restored, reinstated, or reissued
thereafter; however, the former licensee may apply for and
obtain a new license if he or she satisfies all of the following
requirements:
(1) No fact, circumstance, or condition exists that, if the
license were issued, would justify its revocation or suspension.
(2) He or she submits an application for examination eligibility.
(3) He or she takes and passes the current licensing examinations.
(4) He or she submits the fees for examination eligibility and for
initial license issuance.
(5) He or she complies with the fingerprint requirements
established by board regulation.
SEC. 26. Section 4999.22 of the Business and Professions Code is
amended to read:
4999.22. (a) Nothing in this chapter shall prevent qualified
persons from doing work of a psychosocial nature consistent with the
standards and ethics of their respective professions. However, these
qualified persons shall not hold themselves out to the public by any
title or description of services incorporating the words "licensed
professional clinical counselor" and shall not state that they are
licensed to practice professional clinical counseling, unless they
are otherwise licensed to provide professional clinical counseling
services.
(b) Nothing in this chapter shall be construed to constrict,
limit, or withdraw provisions of the Medical Practice Act, the
Clinical Social Worker Practice Act, the Nursing Practice Act, the
Psychology Licensing Law, or the Licensed Marriage and
Family Therapy licensing laws Therapist Act
.
(c) This chapter shall not apply to any priest, rabbi, or minister
of the gospel of any religious denomination who performs counseling
services as part of his or her pastoral or professional duties, or to
any person who is admitted to practice law in this state, or who is
licensed to practice medicine, who provides counseling services as
part of his or her professional practice.
(d) This chapter shall not apply to an employee of a governmental
entity or a school, college, or university, or of an institution both
nonprofit and charitable, if his or her practice is performed solely
under the supervision of the entity, school, college, university, or
institution by which he or she is employed, and if he or she
performs those functions as part of the position for which he or she
is employed.
(e) All persons registered as interns or licensed under this
chapter shall not be exempt from this chapter or the jurisdiction of
the board.
SEC. 27. Section 4999.32 of the Business and Professions Code is
amended to read:
4999.32. (a) This section shall apply to applicants for
examination eligibility 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 4999.33.
(b) To qualify for examination eligibility or registration,
applicants shall possess a master's or doctoral degree that is
counseling or psychotherapy in content and that meets the
requirements of this section, obtained from an accredited or approved
institution, as defined in Section 4999.12. For purposes of this
subdivision, a degree is "counseling or psychotherapy in content" if
it contains the supervised practicum or field study experience
described in paragraph (3) of subdivision (c) and, except as provided
in subdivision (d), the coursework in the core content areas listed
in subparagraphs (A) to (I), inclusive, of paragraph (1) of
subdivision (c).
(c) The degree described in subdivision (b) shall contain not less
than 48 graduate semester or 72 graduate quarter units of
instruction, which shall, except as provided in subdivision (d),
include all of the following:
(1) The equivalent of at least three semester units or four and
one-half quarter units of graduate study in each of following core
content areas:
(A) Counseling and psychotherapeutic theories and techniques,
including the counseling process in a multicultural society, an
orientation to wellness and prevention, counseling theories to assist
in selection of appropriate counseling interventions, models of
counseling consistent with current professional research and
practice, development of a personal model of counseling, and
multidisciplinary responses to crises, emergencies, and disasters.
(B) Human growth and development across the lifespan, including
normal and abnormal behavior and an understanding of developmental
crises, disability, psychopathology, and situational and
environmental factors that affect both normal and abnormal behavior.
(C) Career development theories and techniques, including career
development decisionmaking models and interrelationships among and
between work, family, and other life roles and factors, including the
role of multicultural issues in career development.
(D) Group counseling theories and techniques, including principles
of group dynamics, group process components, developmental stage
theories, therapeutic factors of group work, group leadership styles
and approaches, pertinent research and literature, group counseling
methods, and evaluation of effectiveness.
(E) Assessment, appraisal, and testing of individuals, including
basic concepts of standardized and nonstandardized testing and other
assessment techniques, norm-referenced and criterion-referenced
assessment, statistical concepts, social and cultural factors related
to assessment and evaluation of individuals and groups, and ethical
strategies for selecting, administering, and interpreting assessment
instruments and techniques in counseling.
(F) Multicultural counseling theories and techniques, including
counselors' roles in developing cultural self-awareness, identity
development, promoting cultural social justice, individual and
community strategies for working with and advocating for diverse
populations, and counselors' roles in eliminating biases and
prejudices, and processes of intentional and unintentional oppression
and discrimination.
(G) Principles of the diagnostic process, including differential
diagnosis, and the use of current diagnostic tools, such as the
current edition of the Diagnostic and Statistical Manual, the impact
of co-occurring substance use disorders or medical psychological
disorders, established diagnostic criteria for mental or emotional
disorders, and the treatment modalities and placement criteria within
the continuum of care.
(H) Research and evaluation, including studies that provide an
understanding of research methods, statistical analysis, the use of
research to inform evidence-based practice, the importance of
research in advancing the profession of counseling, and statistical
methods used in conducting research, needs assessment, and program
evaluation.
(I) Professional orientation, ethics, and law in counseling,
including professional ethical standards and legal considerations,
licensing law and process, regulatory laws that delineate the
profession's scope of practice, counselor-client privilege,
confidentiality, the client dangerous to self or others, treatment of
minors with or without parental consent, relationship between
practitioner's sense of self and human values, functions and
relationships with other human service providers, strategies for
collaboration, and advocacy processes needed to address institutional
and social barriers that impede access, equity, and success for
clients.
(2) In addition to the course requirements described in paragraph
(1), a minimum of 12 semester units or 18 quarter units of advanced
coursework to develop knowledge of specific treatment issues, special
populations, application of counseling constructs, assessment and
treatment planning, clinical interventions, therapeutic
relationships, psychopathology, or other clinical topics.
(3) Not less than six semester units or nine quarter units of
supervised practicum or field study experience, or the equivalent, in
a clinical setting that provides a range of professional clinical
counseling experience, including the following:
(A) Applied psychotherapeutic techniques.
(B) Assessment.
(C) Diagnosis.
(D) Prognosis.
(E) Treatment.
(F) Issues of development, adjustment, and maladjustment.
(G) Health and wellness promotion.
(H) Other recognized counseling interventions.
(I) A minimum of 150 hours of face-to-face supervised clinical
experience counseling individuals, families, or groups.
(d) (1) An applicant whose degree is deficient in no more than two
of the required areas of study listed in subparagraphs (A) to (I),
inclusive, of paragraph (1) of subdivision (c) may satisfy those
deficiencies by successfully completing post-master's or postdoctoral
degree coursework at an accredited or approved institution, as
defined in Section 4999.12.
(2) Coursework taken to meet deficiencies in the required areas of
study listed in subparagraphs (A) to (I), inclusive, of paragraph
(1) of subdivision (c) shall be the equivalent of three semester
units or four and one-half quarter units of study.
(3) The board shall make the final determination as to whether a
degree meets all requirements, including, but not limited to, course
requirements, regardless of accreditation.
(e) In addition to the degree described in this section, or as
part of that degree, an applicant shall complete the following
coursework or training prior to registration as an intern:
(1) A minimum of 15 contact hours of instruction in alcoholism and
other chemical substance abuse dependency, as specified by
regulation.
(2) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(3) A two semester unit or three quarter unit survey course in
psychopharmacology.
(4) A minimum of 15 contact hours of instruction in spousal or
partner abuse assessment, detection, and intervention strategies,
including knowledge of community resources, cultural factors, and
same gender abuse dynamics.
(5) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28 and
any regulations adopted thereunder.
(6) A minimum of 18 contact hours of instruction in California law
and professional ethics for professional clinical counselors
that includes, but is not limited to,
instruction in advertising, scope of practice, scope of competence,
treatment of minors, confidentiality, dangerous clients,
psychotherapist-client privilege, recordkeeping, client access to
records, dual relationships, child abuse, elder and dependent adult
abuse, online therapy, insurance reimbursement, civil liability,
disciplinary actions and unprofessional conduct, ethics complaints
and ethical standards, termination of therapy, standards of care,
relevant family law, therapist disclosures to clients, and state and
federal laws related to confidentiality of patient health information
. When coursework in a master's or doctoral degree program is
acquired to satisfy this requirement, it shall be considered as part
of the 48 semester unit or 72 quarter unit requirement in subdivision
(c).
(7) A minimum of 10 contact hours of instruction in aging and
long-term care, which may include, but is not limited to, the
biological, social, and psychological aspects of aging. On and after
January 1, 2012, this coursework shall include instruction on the
assessment and reporting of, as well as treatment related to, elder
and dependent adult abuse and neglect.
(8) A minimum of 15 contact hours of instruction in crisis or
trauma counseling, including multidisciplinary responses to crises,
emergencies, or disasters, and brief, intermediate, and long-term
approaches.
(f) 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. 28. Section 4999.45 of the Business and Professions Code, as
amended by Section 32 of Chapter 387 of the Statutes of 2011, is
repealed.
4999.45. An intern employed under this chapter shall:
(a) Not perform any duties, except for those services provided as
a clinical counselor trainee, until registered as an intern.
(b) Not be employed or volunteer in a private practice until
registered as an intern.
(c) Inform each client prior to performing any professional
services that he or she is unlicensed and under supervision.
(d) File for renewal annually for a maximum of five years after
initial registration with the board.
(e) Cease continued employment as an intern after six years unless
the requirements of subdivision (f) are met.
(f) When no further renewals are possible, an applicant may apply
for and obtain a new intern registration if the applicant meets the
educational requirements for registration in effect at the time of
the application for a new intern registration. An applicant issued a
subsequent intern registration pursuant to this subdivision may be
employed or volunteer in any allowable work setting except private
practice.
(g) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 29. Section 4999.45 of the Business and Professions Code, as
added by Section 33 of Chapter 387 of the Statutes of 2011, is
amended to read:
4999.45. (a) An intern employed under this chapter shall:
(1) Not perform any duties, except for those services provided as
a clinical counselor trainee, until registered as an intern.
(2) Not be employed or volunteer in a private practice until
registered as an intern.
(3) Inform each client prior to performing any professional
services that he or she is unlicensed and under supervision.
(4) File for renewal Renew annually
for a maximum of five years after initial registration with the
board.
(5) Cease continued employment as an intern after six years unless
the requirements of subdivision (b) are met.
(b) When no further renewals are possible, an applicant may apply
for and obtain a new intern registration if the applicant meets the
educational requirements for registration in effect at the time of
the application for a new intern registration and has passed the
California law and ethics examination described in Section 4999.53.
An applicant issued a subsequent intern registration pursuant to this
subdivision may be employed or volunteer in any allowable work
setting except private practice.
(c) This section shall become operative on January 1, 2013.
SEC. 30. Section 4999.57 of the Business and Professions Code is
amended to read:
4999.57. (a) This section applies to a person who applies for
examination eligibility or registration between January 1, 2011, and
December 31, 2013, inclusive, who does not hold a license described
in subdivision (a) of Section 4999.58.
(b) Experience gained outside of California shall be accepted
toward the licensure requirements if it is substantially equivalent
to that required by this chapter, if the applicant complies with
Section 4999.40, if applicable, and if the applicant has gained a
minimum of 250 hours of supervised experience in direct counseling
within California while registered as an intern with the board.
(c) Education gained while residing outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to the education requirements of this chapter, if the
applicant has completed the training or coursework required under
subdivision (e) of Section 4999.32, and if the applicant
completes which includes , in addition to the
course described in subparagraph (I) of paragraph (1) of subdivision
(c) of Section 4999.32, an 18-hour course in California law and
professional ethics that includes, but is not limited to,
instruction in advertising, scope of practice, scope of competence,
treatment of minors, confidentiality, dangerous clients,
psychotherapist-client privilege, recordkeeping, client access to
records, the Health Insurance Portability and Accountability Act,
dual relationships, child
abuse, elder and dependent adult abuse, online therapy, insurance
reimbursement, civil liability, disciplinary actions and
unprofessional conduct, ethics complaints and ethical standards,
termination of therapy, standards of care, relevant family law, and
therapist disclosures to clients for professional
clinical counselors .
(d) For purposes of this section, the board may, in its
discretion, accept education as substantially equivalent if the
applicant's education meets the requirements of Section 4999.32. If
the applicant's degree does not contain the content or the overall
units required by Section 4999.32, the board may, in its discretion,
accept the applicant's education as substantially equivalent if the
following criteria are satisfied:
(1) The applicant's degree contains the required number of
practicum units under paragraph (3) of subdivision (c) of Section
4999.32.
(2) The applicant remediates his or her specific deficiency by
completing the course content and units required by Section 4999.32.
(3) The applicant's degree otherwise complies with this section.
(e) This section shall become inoperative on January 1, 2014, and
as of that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2014, deletes or extends that date.
SEC. 31. Section 4999.58 of the Business and Professions Code is
amended to read:
4999.58. (a) This section applies to a person who applies for
examination eligibility between January 1, 2011, and December 31,
2013, inclusive, and who meets both of the following requirements:
(1) At the time of application, holds a valid license as a
professional clinical counselor, or other counseling license that
allows the applicant to independently provide clinical mental health
services, in another jurisdiction of the United States.
(2) Has held the license described in paragraph (1) for at least
two years immediately preceding the date of application.
(b) The board may issue a license to a person described in
subdivision (a) if all of the following requirements are satisfied:
(1) The education and supervised experience requirements of the
other jurisdiction are substantially the equivalent of this chapter,
as described in subdivision (e) and in Section 4999.46.
(2) The person complies with subdivision (b) of Section 4999.40,
if applicable.
(3) The person successfully completes the examinations required by
the board pursuant to paragraph (3) of subdivision (a) of Section
4999.50.
(4) The person pays the required fees.
(c) Experience gained outside of California shall be accepted
toward the licensure requirements if it is substantially equivalent
to that required by this chapter. The board shall consider hours of
experience obtained in another state during the six-year period
immediately preceding the applicant's initial licensure by that state
as a licensed professional clinical counselor.
(d) Education gained while residing outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to the education requirements of this chapter, if the
applicant has completed the training or coursework required under
subdivision (e) of Section 4999.32 , and if the applicant
completes which includes , in addition to the
course described in subparagraph (I) of paragraph (1) of subdivision
(c) of Section 4999.32, an 18-hour course in California law and
professional ethics that includes, but is not limited to,
instruction in advertising, scope of practice, scope of competence,
treatment of minors, confidentiality, dangerous clients,
psychotherapist-client privilege, recordkeeping, client access to
records, the Health Insurance Portability and Accountability Act,
dual relationships, child abuse, elder and dependent adult abuse,
online therapy, insurance reimbursement, civil liability,
disciplinary actions and unprofessional conduct, ethics complaints
and ethical standards, termination of therapy, standards of care,
relevant family law, and therapist disclosures to clients
for professional clinical counselors .
(e) For purposes of this section, the board may, in its
discretion, accept education as substantially equivalent if the
applicant's education meets the requirements of Section 4999.32. If
the applicant's degree does not contain the content or the overall
units required by Section 4999.32, the board may, in its discretion,
accept the applicant's education as substantially equivalent if the
following criteria are satisfied:
(1) The applicant's degree contains the required number of
practicum units under paragraph (3) of subdivision (c) of Section
4999.32.
(2) The applicant remediates his or her specific deficiency by
completing the course content and units required by Section 4999.32.
(3) The applicant's degree otherwise complies with this section.
(f) This section shall become inoperative on January 1, 2014, and
as of that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2014, deletes or extends that date.
SEC. 32. Section 4999.59 of the Business and Professions Code is
amended to read:
4999.59. (a) This section applies to a person who applies for
examination eligibility or registration between January 1, 2011, and
December 31, 2013, inclusive, who meets both of the following
requirements:
(1) At the time of application, holds a valid license described in
paragraph (1) of subdivision (a) of Section 4999.58.
(2) Has held the license described in paragraph (1) for less than
two years immediately preceding the date of application.
(b) Experience gained outside of California shall be accepted
toward the licensure requirements if it is substantially equivalent
to that required by this chapter, if the applicant complies with
Section 4999.40, if applicable, and if the applicant has gained a
minimum of 250 hours of supervised experience in direct counseling
within California while registered as an intern with the board. The
board shall consider hours of experience obtained in another state
during the six-year period immediately preceding the applicant's
initial licensure in that state as a professional clinical counselor.
(c) Education gained while residing outside of California shall be
accepted toward the licensure requirements if it is substantially
equivalent to the education requirements of this chapter, if the
applicant has completed the training or coursework required under
subdivision (e) of Section 4999.32, and if the applicant
completes which includes , in addition to the
course described in subparagraph (I) of paragraph (1) of subdivision
(c) of Section 4999.32, an 18-hour course in California law and
professional ethics that includes, but is not limited to,
instruction in advertising, scope of practice, scope of competence,
treatment of minors, confidentiality, dangerous clients,
psychotherapist-client privilege, recordkeeping, client access to
records, the Health Insurance Portability and Accountability Act,
dual relationships, child abuse, elder and dependent adult abuse,
online therapy, insurance reimbursement, civil liability,
disciplinary actions and unprofessional conduct, ethics complaints
and ethical standards, termination of therapy, standards of care,
relevant family law, and therapist disclosures to clients
for professional clinical counselors .
(d) For purposes of this section, the board may, in its
discretion, accept education as substantially equivalent if the
applicant's education meets the requirements of Section 4999.32. If
the applicant's degree does not contain the content or the overall
units required by Section 4999.32, the board may, in its discretion,
accept the applicant's education as substantially equivalent if the
following criteria are satisfied:
(1) The applicant's degree contains the required number of
practicum units under paragraph (3) of subdivision (c) of Section
4999.32.
(2) The applicant remediates his or her specific deficiency by
completing the course content and units required by Section 4999.32.
(3) The applicant's degree otherwise complies with this section.
(e) This section shall become inoperative on January 1, 2014, and
as of that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2014, deletes or extends that date.
SEC. 33. 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 , applicant, or
registrant 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,
professional clinical counselor, or marriage and family
therapist.
(ac) Failing to comply with the procedures set forth in Section
2290.5 when delivering health care via telemedicine.
(ad) Willful violation of Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code.
SEC. 34. Section 4999.106 of the Business and Professions Code is
amended to read:
4999.106. A license that is not renewed within three years after
its expiration may not be renewed, restored, reinstated, or reissued,
except that a former licensee may apply for and obtain a new license
if he or she complies with all of the following:
(a) No fact, circumstance, or condition exists that, if the
license were issued, would justify its revocation or suspension.
(b) He or she takes and passes the current examinations required
for licensing.
(c) He or she submits an application for initial licensure.
(d) He or she meets the requirements pursuant to Section 4999.51.
SEC. 35. Section 4999.120 of the Business and Professions Code is
amended to read:
4999.120. The board shall assess fees for the application for and
the issuance and renewal of licenses and for the registration of
interns to cover administrative and operating expenses of the board
related to this chapter. Fees assessed pursuant to this section shall
not exceed the following:
(a) The fee for the application for examination eligibility shall
be up to two hundred fifty dollars ($250).
(b) The fee for the application for intern registration shall be
up to one hundred fifty dollars ($150).
(c) The fee for the application for licensure shall be up to one
hundred eighty dollars ($180).
(d) The fee for the board-administered clinical examination, if
the board chooses to adopt this examination in regulations, shall be
up to two hundred fifty dollars ($250).
(e) The fee for the law and ethics examination shall be up to one
hundred fifty dollars ($150).
(f) The fee for the examination described in subdivision (b) of
Section 4999.54 shall be up to one hundred dollars ($100).
(g) The fee for the issuance of a license shall be up to two
hundred fifty dollars ($250).
(h) The fee for annual renewal of licenses issued pursuant to
Section 4999.54 shall be up to one hundred fifty dollars ($150).
(i)
(h) The fee for annual renewal of an intern
registration shall be up to one hundred fifty dollars ($150).
(j)
(i) The fee for two-year renewal of licenses shall be
up to two hundred fifty dollars ($250).
(k)
(j) The fee for issuance of a retired license shall be
forty dollars ($40).
(l)
(k) The fee for rescoring an examination shall be
twenty dollars ($20).
(m)
(l) The fee for issuance of a replacement license or
registration shall be twenty dollars ($20).
(n)
(m) The fee for issuance of a certificate or letter of
good standing shall be twenty-five dollars ($25).
SEC. 36. 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.