Amended in Senate August 15, 2013

Amended in Senate June 3, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 451

Introduced by Assembly Member Eggman

February 19, 2013

An act to amend Sections 4980.72, 4980.74, 4980.78, 4980.80, 4980.90, 4999.57, 4999.58, 4999.59, 4999.60, 4999.61, and 4999.62 of the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

AB 451, as amended, Eggman. Healing arts: therapists and counselors: licensing.

Existing law provides for the licensure or registration and regulation of marriage and family therapists and interns begin insert and professional clinical counselors end insert by the Board of Behavioral Sciences. Under existing law, the board may issue a license to an applicant who holds a valid license from another state if, among other requirements, his or her education and supervised experience requirements are substantially similar, as specified. Under existing law, begin insert for marriage and family therapist applicants who apply for licensure or professional clinical counselor applicants who apply for examination eligibility or registration, end insert the board is required to accept education gained outside of California toward begin delete licensure end delete begin insert applicable end insert requirements if it is substantially similar and the applicant completes certain coursework and training, and may accept education as substantially equivalent if it meets certain requirements, including the completion of at least 48 semester or 72 quarter units of instruction, as specified. begin delete If an applicant’s education does not contain the content or units required, the board is authorized to accept his or her education as substantially equivalent under certain circumstances. end delete These provisions apply to begin insert end insert begin insert marriage and family therapist end insert applicants who apply begin delete for licensure end delete between January 1, 2010, and December 31, 2013, begin insert and end insert begin insert to professional clinical counselor applicants who apply between January 1, 2011, and December 31, 2013, end insert and are operative until January 1, 2014.

This bill would extend the application of those provisions to December 31, 2015, and extend the operative date of those provisions to January 1, 2016.

Under existing law, for begin delete an end delete begin insert a marriage and family therapist end insert applicant who holds a valid license from another state and who applies for licensure on or after January 1, 2014, begin insert and end insert begin insert a professional clinical counselor applicant who holds a valid license from another state and who applies for examination eligibility on or after January 1, 2014, end insert the board may issue a license to that person if, among other requirements, his or her supervised experience begin delete and end delete begin insert is substantially equivalent considering hours of experience obtained outside of California during the 6-year period immediately preceding the date the applicant initially obtained the license and his or her end insert education is substantially begin delete equivalent and he or she passes the California law and ethics examination. end delete begin insert end insert begin insert equivalent. end insert For an applicant who does not hold a license, the board is required to accept experience and education gained outside of California toward the licensure or registration requirements if it is substantially equivalent. Under existing law, education is substantially equivalent if it meets certain requirements, including the completion of begin delete at least 60 semester or 90 quarter units of instruction end delete begin insert credit level coursework from a degree-granting institution that provides specified instruction end insert and an 18-hour course in California law and professional ethics.

This bill would delay the application of those provisions to January 1, 2016. begin insert The bill would require, in determining whether an applicant’s supervised experience is substantially equivalent, time actively licensed as a marriage and family therapist or a professional clinical counselor to be accepted at a rate of 100 hours per month up to a maximum of 1,200 hours if the applicant has less than 3,000 hours of qualifying supervised experience. end insert

begin delete

Existing law provides for the licensure and regulation of professional clinical counselors by the Board of Behavioral Sciences. Under existing law, the board may issue a license to an applicant who holds a valid license from another state and who applies for examination eligibility if, among other requirements, his or her education and supervised experience requirements are substantially equivalent, as specified, and may accept education as substantially equivalent if it meets certain requirements, including the completion of at least 48 semester or 72 quarter units of instruction, as specified. If an applicant’s education does not contain the content or units required, the board is authorized to accept his or her education as substantially equivalent under certain circumstances. Under existing law, the board is required to accept, for applicants who apply for examination eligibility and registration and who may or may not hold a license from another state, experience and education gained outside of California toward the licensure requirements if, among other requirements, it is substantially equivalent, as specified. The board may accept education as substantially equivalent if it meets certain requirements, including the completion of at least 48 semester or 72 quarter units of instruction. These provisions apply to applicants who apply between January 1, 2011, and December 31, 2013, and are operative until January 1, 2014.

end delete begin delete

This bill would extend the application of those provisions to December 31, 2015, and extend the operative date of those provisions to January 1, 2016.

end delete begin delete

Under existing law, for an applicant who holds a license from another state and who applies for examination eligibility on or after January 1, 2014, the board may issue a license to that person if, among other requirements, his or her supervised experience and education is substantially equivalent. For an applicant who does not hold a license from another state, the board is required to accept experience and education gained outside of California toward the licensure or registration requirements if, among other things, it is substantially equivalent. Under existing law, education is substantially equivalent if it meets certain requirements, including the completion of at least 60 semester or 90 quarter units of instruction and an 18-hour course in California law and professional ethics.

end delete begin delete

This bill would delay the application of those provisions to January 1, 2016.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 4980.72 of the Business and Professions
Code is amended to read:

4980.72.  

(a) This section applies to persons who are licensed
outside of California and apply for licensure on or after January
1, 2016.

(b) The board may issue a license to a person who, at the time
of submitting an application for a license pursuant to this chapter,
holds a valid license in good standing issued by a board of marriage
counselor examiners, board of marriage and family therapists, or
corresponding authority, of any state or country, if all of the
following conditions are satisfied:

(1) The applicant’s education is substantially equivalent, as
defined in Section 4980.78. The applicant’s degree title need not
be identical to that required by Section 4980.36 or 4980.37.

(2) The applicant complies with Section 4980.76, if applicable.

(3) The applicant’s supervised experience is substantially
equivalent to that required for a license under this chapter. begin delete The
board shall consider hours of experience obtained outside of
California during the six-year period immediately preceding the
date the applicant initially obtained the license described above. end delete begin insert end insert
begin insert If the applicant has less than 3,000 hours of qualifying supervised
experience, time actively licensed as a marriage and family
therapist shall be accepted at a rate of 100 hours per month up to
a maximum of 1,200 hours. end insert

(4) The applicant passes the California law and ethics
examination.

(5) The applicant passes a clinical examination designated by
the board. An applicant who obtained his or her license or
registration under another jurisdiction may apply for licensure with
the board without taking the clinical examination if both of the
following conditions are met:

(A) The applicant obtained a passing score on the licensing
examination set forth in regulation as accepted by the board.

(B) The applicant’s license or registration in that jurisdiction is
in good standing at the time of his or her application and has not
been revoked, suspended, surrendered, denied, or otherwise
restricted or encumbered as a result of any disciplinary proceeding
brought by the licensing authority of that jurisdiction.

SEC. 2.  

Section 4980.74 of the Business and Professions Code
is amended to read:

4980.74.  

(a) This section applies to persons who apply for
licensure or registration on or after January 1, 2016, and who do
not hold a license as described in Section 4980.72.

(b) The board shall accept education gained while residing
outside of California for purposes of satisfying licensure or
registration requirements if the education is substantially
equivalent, as defined in Section 4980.78, and the applicant
complies with Section 4980.76, if applicable. The applicant’s
degree title need not be identical to that required by Section
4980.36 or 4980.37.

(c) The board shall accept experience gained outside of
California for purposes of satisfying licensure or registration
requirements if the experience is substantially equivalent to that
required by this chapter.

SEC. 3.  

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, 2016.

(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 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, state and federal laws relating to confidentiality
of patient health information, 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. 4.  

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, 2015,
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 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, state and federal
laws relating to the confidentiality of patient health information,
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, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2016, deletes or extends that date.

SEC. 5.  

Section 4980.90 of the Business and Professions Code
is amended to read:

4980.90.  

(a) This section applies to persons who apply for
licensure between January 1, 2010, and December 31, 2015,
inclusive.

(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 4980.76, 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 by that state as a marriage and family
therapist.

(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, and if the
applicant has completed all of the following:

(1) A two semester or three quarter unit course in California
law and professional ethics for marriage, family, and child
counselors that shall include areas of study as specified in Section
4980.41.

(2) 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.

(3) A minimum of 10 contact hours of training or coursework
in sexuality as specified in Section 25 and any regulations
promulgated thereunder.

(4) A minimum of 15 contact hours of training or coursework
in alcoholism and other chemical substance dependency as
specified by regulation.

(5) (A) Instruction in spousal or partner abuse assessment,
detection, and intervention. This instruction may be taken either
in fulfillment of other educational requirements for licensure or
in a separate course.

(B) A minimum of 15 contact hours of coursework or training
in spousal or partner abuse assessment, detection, and intervention
strategies.

(6) 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.

(7) 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.

(8) 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.

(d) For purposes of this section, the board may, in its discretion,
accept education as substantially equivalent if the applicant meets
both of the following requirements:

(1) The applicant has been granted a degree in a single integrated
program primarily designed to train marriage and family therapists.

(2) The applicant’s education meets the requirements of Section
4980.37. The degree title need not be identical to that required by
subdivision (b) of Section 4980.37. If the applicant’s degree does
not contain the content or the overall units required by Section
4980.37, the board may, in its discretion, accept the applicant’s
education as substantially equivalent if the following criteria are
satisfied:

(A) The applicant’s degree contains the required number of
practicum units and coursework required in the areas of marriage,
family, and child counseling and marital and family systems
approaches to treatment as specified in Section 4980.37.

(B) The applicant remediates his or her specific deficiency by
completing the course content and the units required by Section
4980.37.

(C) The applicant’s degree otherwise complies with this section.

(e) This section shall remain in effect only until January 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2016, deletes or extends that date.

SEC. 6.  

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, 2015, 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, and if the
applicant has completed the training or coursework required under
subdivision (e) of Section 4999.32, 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 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, 2016,
and as of that date is repealed, unless a later enacted statute, which
is enacted before January 1, 2016, deletes or extends that date.

SEC. 7.  

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, 2015, 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. An applicant who obtained his or her license or
registration under another jurisdiction by taking a national
examination that is required by the board may apply for licensure
with the board without retaking that examination if both of the
following conditions are met:

(A) The applicant obtained a passing score on the national
licensing examination that is required by the board.

(B) The applicant’s license or registration in that jurisdiction is
in good standing at the time of his or her application and has not
been revoked, suspended, surrendered, denied, or otherwise
restricted or encumbered as a result of any disciplinary proceeding
brought by the licensing authority of that jurisdiction.

(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, and if the
applicant has completed the training or coursework required under
subdivision (e) of Section 4999.32, 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 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, 2016,
and as of that date is repealed, unless a later enacted statute, which
is enacted before January 1, 2016, deletes or extends that date.

SEC. 8.  

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, 2015, 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, and if the
applicant has completed the training or coursework required under
subdivision (e) of Section 4999.32, 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 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) An applicant who obtained his or her license or registration
under another jurisdiction by taking a national examination that
is required by the board may apply for licensure with the board
without retaking that examination if both of the following
conditions are met:

(1) The applicant obtained a passing score on the national
licensing examination that is required by the board.

(2) The applicant’s license or registration in that jurisdiction is
in good standing at the time of his or her application and has not
been revoked, suspended, surrendered, denied, or otherwise
restricted or encumbered as a result of any disciplinary proceeding
brought by the licensing authority of that jurisdiction.

(f) This section shall become inoperative on January 1, 2016,
and as of that date is repealed, unless a later enacted statute, which
is enacted before January 1, 2016, deletes or extends that date.

SEC. 9.  

Section 4999.60 of the Business and Professions Code
is amended to read:

4999.60.  

(a) This section applies to persons who are licensed
outside of California and apply for examination eligibility on or
after January 1, 2016.

(b) The board may issue a license to a person who, at the time
of submitting an application for a license pursuant to this chapter,
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, if all of the following conditions are satisfied:

(1) The applicant’s education is substantially equivalent, as
defined in Section 4999.62.

(2) The applicant complies with subdivision (b) of Section
4999.40, if applicable.

(3) The applicant’s supervised experience is substantially
equivalent to that required for a license under this chapter. begin delete The
board shall consider hours of experience obtained outside of
California during the six-year period immediately preceding the
date the applicant initially obtained the license described above. end delete begin insert end insert
begin insert If the applicant has less than 3,000 hours of qualifying supervised
experience, time actively licensed as a professional clinical
counselor shall be accepted at a rate of 100 hours per month up
to a maximum of 1,200 hours. end insert

(4) The applicant passes the examinations required to obtain a
license under this chapter. An applicant who obtained his or her
license or registration under another jurisdiction may apply for
licensure with the board without taking the clinical examination
if both of the following conditions are met:

(A) The applicant obtained a passing score on the licensing
examination set forth in regulation as accepted by the board.

(B) The applicant’s license or registration in that jurisdiction is
in good standing at the time of his or her application and has not
been revoked, suspended, surrendered, denied, or otherwise
restricted or encumbered as a result of any disciplinary proceeding
brought by the licensing authority of that jurisdiction.

SEC. 10.  

Section 4999.61 of the Business and Professions
Code is amended to read:

4999.61.  

(a) This section applies to persons who apply for
examination eligibility or registration on or after January 1, 2016,
and who do not hold a license as described in Section 4999.60.

(b) The board shall accept education gained while residing
outside of California for purposes of satisfying licensure or
registration requirements if the education is substantially
equivalent, as defined in Section 4999.62, and the applicant
complies with subdivision (b) of Section 4999.40, if applicable.

(c) The board shall accept experience gained outside of
California for purposes of satisfying licensure or registration
requirements if the experience is substantially equivalent to that
required by this chapter.

SEC. 11.  

Section 4999.62 of the Business and Professions
Code is amended to read:

4999.62.  

(a) This section applies to persons who apply for
examination eligibility or registration on or after January 1, 2016.

(b) For purposes of Sections 4999.60 and 4999.61, education
is substantially equivalent if all of the following requirements are
met:

(1) The degree is obtained from an accredited or approved
institution, as defined in Section 4999.12, 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 280 hours of face-to-face
counseling.

(B) The required areas of study listed in subparagraphs (A) to
(M), inclusive, of paragraph (1) of subdivision (c) of Section
4999.33.

(2) The applicant completes any units and course content
requirements under Section 4999.33 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 behavioral addiction and co-occurring
substance abuse and mental health disorders, as specified in
subparagraph (K) of paragraph (1) of subdivision (c) of Section
4999.33.

(4) The applicant completes, in addition to the course described
in subparagraph (I) of paragraph (1) of subdivision (c) of Section
4999.33, 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, state and federal laws
relating to confidentiality of patient health information, 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.