Amended in Assembly April 3, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 809


Introduced by Assembly Member Logue

February 21, 2013


An act to amend Sections 1626.2, 2290.5, 4980.01, 4982, 4989.54, 4992.3, 4996, and 4999.90 of the Business and Professions Code, relating to telehealth, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 809, as amended, Logue. Healing arts: telehealth.

Existing law requires a health care provider, as defined, prior to the delivery of health care services via telehealth, as defined, to verbally inform the patient that telehealth may be used and obtain verbal consent from the patient for this use. Existing law also provides that failure to comply with this requirement constitutes unprofessional conduct.

This bill wouldbegin delete delete those provisionsend deletebegin insert instead require the health care provider at the originating site to provide the patient with a waiver for the course of treatment involving telehealth services to obtain informed consent for the agreed upon course of treatment. The bill would require the signed waiver to be contained in the patient’s medical recordend insert. The bill would make additional conforming changes.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 1626.2 of the Business and Professions
2Code
is amended to read:

3

1626.2.  

A dentist licensed under this chapter is a licentiate for
4purposes of paragraph (2) of subdivision (a) of Section 805, and
5thus is a health care practitioner subject to the provisions of Section
62290.5.

7

SEC. 2.  

Section 2290.5 of the Business and Professions Code
8 is amended to read:

9

2290.5.  

(a) For purposes of this division, the following
10definitions shall apply:

11(1) “Asynchronous store and forward” means the transmission
12of a patient’s medical information from an originating site to the
13health care provider at a distant site without the presence of the
14patient.

15(2) “Distant site” means a site where a health care provider who
16provides health care services is located while providing these
17services via a telecommunications system.

18(3) “Health care provider” means a person who is licensed under
19this division.

20(4) “Originating site” means a site where a patient is located at
21the time health care services are provided via a telecommunications
22system or where the asynchronous store and forward service
23originates.

24(5) “Synchronous interaction” means a real-time interaction
25between a patient and a health care provider located at a distant
26site.

27(6) “Telehealth” means the mode of delivering health care
28services and public health via information and communication
29technologies to facilitate the diagnosis, consultation, treatment,
30education, care management, and self-management of a patient’s
31health care while the patient is at the originating site and the health
32care provider is at a distant site. Telehealth facilitates patient
33self-management and caregiver support for patients and includes
34synchronous interactions and asynchronous store and forward
35transfers.

begin insert

36(b) Prior to the delivery of health care via telehealth, the health
37care provider at the originating site shall provide the patient with
38a waiver for the course of treatment involving telehealth services
P3    1to obtain informed consent for the agreed upon course of treatment.
2The signed waiver shall be contained in the patient’s medical
3record.

end insert
begin insert

4(c) Nothing in this section shall preclude a patient from
5receiving in-person health care delivery services during a course
6of treatment after agreeing to receive services via telehealth.

end insert
begin insert

7(d) The failure of a health care provider to comply with this
8section shall constitute unprofessional conduct. Section 2314 shall
9not apply to this section.

end insert
begin delete

10(b)

end delete

11begin insert(e)end insert This section shall not be construed to alter the scope of
12practice of any health care provider or authorize the delivery of
13health care services in a setting, or in a manner, not otherwise
14authorized by law.

begin delete

15(c)

end delete

16begin insert(f)end insert All laws regarding the confidentiality of health care
17information and a patient’s rights to his or her medical information
18shall apply to telehealth interactions.

begin delete

19(d)

end delete

20begin insert(g)end insert This section shall not apply to a patient under the jurisdiction
21of the Department of Corrections and Rehabilitation or any other
22correctional facility.

begin delete

23(e)

end delete

24begin insert(h)end insert (1) Notwithstanding any other provision of law and for
25purposes of this section, the governing body of the hospital whose
26patients are receiving the telehealth services may grant privileges
27to, and verify and approve credentials for, providers of telehealth
28services based on its medical staff recommendations that rely on
29 information provided by the distant-site hospital or telehealth
30entity, as described in Sections 482.12, 482.22, and 485.616 of
31Title 42 of the Code of Federal Regulations.

32(2) By enacting this subdivision, it is the intent of the Legislature
33to authorize a hospital to grant privileges to, and verify and approve
34credentials for, providers of telehealth services as described in
35paragraph (1).

36(3) For the purposes of this subdivision, “telehealth” shall
37include “telemedicine” as the term is referenced in Sections 482.12,
38482.22, and 485.616 of Title 42 of the Code of Federal Regulations.

39

SEC. 3.  

Section 4980.01 of the Business and Professions Code
40 is amended to read:

P4    1

4980.01.  

(a) Nothing in this chapter shall be construed to
2constrict, limit, or withdraw the Medical Practice Act, the Social
3Work Licensing Law, the Nursing Practice Act, the Licensed
4Professional Clinical Counselor Act, or the Psychology Licensing
5Act.

6(b) This chapter shall not apply to any priest, rabbi, or minister
7of the gospel of any religious denomination when performing
8counseling services as part of his or her pastoral or professional
9duties, or to any person who is admitted to practice law in the state,
10or who is licensed to practice medicine, when providing counseling
11services as part of his or her professional practice.

12(c) (1) This chapter shall not apply to an employee working in
13any of the following settings if his or her work is performed solely
14under the supervision of the employer:

15(A) A governmental entity.

16(B) A school, college, or university.

17(C) An institution that is both nonprofit and charitable.

18(2) This chapter shall not apply to a volunteer working in any
19of the settings described in paragraph (1) if his or her work is
20performed solely under the supervision of the entity, school, or
21institution.

22(d) A marriage and family therapist licensed under this chapter
23is a licentiate for purposes of paragraph (2) of subdivision (a) of
24Section 805, and thus is a health care practitioner subject to the
25provisions of Section 2290.5.

26(e) Notwithstanding subdivisions (b) and (c), all persons
27registered as interns or licensed under this chapter shall not be
28exempt from this chapter or the jurisdiction of the board.

29

SEC. 4.  

Section 4982 of the Business and Professions Code is
30amended to read:

31

4982.  

The board may deny a license or registration or may
32suspend or revoke the license or registration of a licensee or
33registrant if he or she has been guilty of unprofessional conduct.
34Unprofessional conduct includes, but is not limited to, the
35following:

36(a) The conviction of a crime substantially related to the
37qualifications, functions, or duties of a licensee or registrant under
38this chapter. The record of conviction shall be conclusive evidence
39only of the fact that the conviction occurred. The board may inquire
40into the circumstances surrounding the commission of the crime
P5    1in order to fix the degree of discipline or to determine if the
2conviction is substantially related to the qualifications, functions,
3or duties of a licensee or registrant under this chapter. A plea or
4verdict of guilty or a conviction following a plea of nolo contendere
5made to a charge substantially related to the qualifications,
6functions, or duties of a licensee or registrant under this chapter
7shall be deemed to be a conviction within the meaning of this
8section. The board may order any license or registration suspended
9or revoked, or may decline to issue a license or registration when
10the time for appeal has elapsed, or the judgment of conviction has
11been affirmed on appeal, or, when an order granting probation is
12made suspending the imposition of sentence, irrespective of a
13subsequent order under Section 1203.4 of the Penal Code allowing
14the person to withdraw a plea of guilty and enter a plea of not
15guilty, or setting aside the verdict of guilty, or dismissing the
16accusation, information, or indictment.

17(b) Securing a license or registration by fraud, deceit, or
18misrepresentation on any application for licensure or registration
19submitted to the board, whether engaged in by an applicant for a
20license or registration, or by a licensee in support of any application
21for licensure or registration.

22(c) Administering to himself or herself any controlled substance
23or using of any of the dangerous drugs specified in Section 4022,
24or of any alcoholic beverage to the extent, or in a manner, as to be
25dangerous or injurious to the person applying for a registration or
26license or holding a registration or license under this chapter, or
27to any other person, or to the public, or, to the extent that the use
28impairs the ability of the person applying for or holding a
29registration or license to conduct with safety to the public the
30practice authorized by the registration or license. The board shall
31deny an application for a registration or license or revoke the
32license or registration of any person, other than one who is licensed
33as a physician and surgeon, who uses or offers to use drugs in the
34course of performing marriage and family therapy services.

35(d) Gross negligence or incompetence in the performance of
36marriage and family therapy.

37(e) Violating, attempting to violate, or conspiring to violate any
38of the provisions of this chapter or any regulation adopted by the
39board.

P6    1(f) Misrepresentation as to the type or status of a license or
2registration held by the person, or otherwise misrepresenting or
3permitting misrepresentation of his or her education, professional
4qualifications, or professional affiliations to any person or entity.

5(g) Impersonation of another by any licensee, registrant, or
6applicant for a license or registration, or, in the case of a licensee,
7allowing any other person to use his or her license or registration.

8(h) Aiding or abetting, or employing, directly or indirectly, any
9unlicensed or unregistered person to engage in conduct for which
10a license or registration is required under this chapter.

11(i) Intentionally or recklessly causing physical or emotional
12harm to any client.

13(j) The commission of any dishonest, corrupt, or fraudulent act
14substantially related to the qualifications, functions, or duties of a
15licensee or registrant.

16(k) Engaging in sexual relations with a client, or a former client
17within two years following termination of therapy, soliciting sexual
18relations with a client, or committing an act of sexual abuse, or
19sexual misconduct with a client, or committing an act punishable
20as a sexually related crime, if that act or solicitation is substantially
21related to the qualifications, functions, or duties of a marriage and
22family therapist.

23(l) Performing, or holding oneself out as being able to perform,
24or offering to perform, or permitting any trainee or registered intern
25under supervision to perform, any professional services beyond
26the scope of the license authorized by this chapter.

27(m) Failure to maintain confidentiality, except as otherwise
28required or permitted by law, of all information that has been
29received from a client in confidence during the course of treatment
30and all information about the client that is obtained from tests or
31other means.

32(n) Prior to the commencement of treatment, failing to disclose
33to the client or prospective client the fee to be charged for the
34professional services, or the basis upon which that fee will be
35 computed.

36(o) Paying, accepting, or soliciting any consideration,
37compensation, or remuneration, whether monetary or otherwise,
38for the referral of professional clients. All consideration,
39compensation, or remuneration shall be in relation to professional
40counseling services actually provided by the licensee. Nothing in
P7    1this subdivision shall prevent collaboration among two or more
2licensees in a case or cases. However, no fee shall be charged for
3that collaboration, except when disclosure of the fee has been made
4in compliance with subdivision (n).

5(p) Advertising in a manner that is false, fraudulent, misleading,
6or deceptive, as defined in Section 651.

7(q) Reproduction or description in public, or in any publication
8subject to general public distribution, of any psychological test or
9other assessment device, the value of which depends in whole or
10in part on the naivete of the subject, in ways that might invalidate
11the test or device.

12(r) Any conduct in the supervision of any registered intern,
13associate clinical social worker, or trainee by any licensee that
14violates this chapter or any rules or regulations adopted by the
15board.

16(s) Performing or holding oneself out as being able to perform
17professional services beyond the scope of one’s competence, as
18established by one’s education, training, or experience. This
19subdivision shall not be construed to expand the scope of the
20license authorized by this chapter.

21(t) Permitting a trainee or registered intern under one’s
22supervision or control to perform, or permitting the trainee or
23registered intern to hold himself or herself out as competent to
24perform, professional services beyond the trainee’s or registered
25intern’s level of education, training, or experience.

26(u) The violation of any statute or regulation governing the
27gaining and supervision of experience required by this chapter.

28(v) Failure to keep records consistent with sound clinical
29judgment, the standards of the profession, and the nature of the
30services being rendered.

31(w) Failure to comply with the child abuse reporting
32requirements of Section 11166 of the Penal Code.

33(x) Failure to comply with the elder and dependent adult abuse
34reporting requirements of Section 15630 of the Welfare and
35Institutions Code.

36(y) Willful violation of Chapter 1 (commencing with Section
37123100) of Part 1 of Division 106 of the Health and Safety Code.

38(z) (1) Engaging in an act described in Section 261, 286, 288a,
39or 289 of the Penal Code with a minor or an act described in
40Section 288 or 288.5 of the Penal Code regardless of whether the
P8    1act occurred prior to or after the time the registration or license
2was issued by the board. An act described in this subdivision
3occurring prior to the effective date of this subdivision shall
4constitute unprofessional conduct and shall subject the licensee to
5refusal, suspension, or revocation of a license under this section.

6(2) The Legislature hereby finds and declares that protection of
7the public, and in particular minors, from sexual misconduct by a
8licensee is a compelling governmental interest, and that the ability
9to suspend or revoke a license for sexual conduct with a minor
10occurring prior to the effective date of this section is equally
11important to protecting the public as is the ability to refuse a license
12for sexual conduct with a minor occurring prior to the effective
13date of this section.

14(aa) Engaging in any conduct that subverts or attempts to subvert
15any licensing examination or the administration of an examination
16as described in Section 123.

17

SEC. 5.  

Section 4989.54 of the Business and Professions Code
18 is amended to read:

19

4989.54.  

The board may deny a license or may suspend or
20revoke the license of a licensee if he or she has been guilty of
21unprofessional conduct. Unprofessional conduct includes, but is
22not limited to, the following:

23(a) Conviction of a crime substantially related to the
24qualifications, functions, and duties of an educational psychologist.

25(1) The record of conviction shall be conclusive evidence only
26of the fact that the conviction occurred.

27(2) The board may inquire into the circumstances surrounding
28the commission of the crime in order to fix the degree of discipline
29or to determine if the conviction is substantially related to the
30qualifications, functions, or duties of a licensee under this chapter.

31(3) A plea or verdict of guilty or a conviction following a plea
32of nolo contendere made to a charge substantially related to the
33qualifications, functions, or duties of a licensee under this chapter
34shall be deemed to be a conviction within the meaning of this
35section.

36(4) The board may order a license suspended or revoked, or
37may decline to issue a license when the time for appeal has elapsed,
38or the judgment of conviction has been affirmed on appeal, or
39when an order granting probation is made suspending the
40imposition of sentence, irrespective of a subsequent order under
P9    1Section 1203.4 of the Penal Code allowing the person to withdraw
2a plea of guilty and enter a plea of not guilty or setting aside the
3verdict of guilty or dismissing the accusation, information, or
4indictment.

5(b) Securing a license by fraud, deceit, or misrepresentation on
6an application for licensure submitted to the board, whether
7engaged in by an applicant for a license or by a licensee in support
8of an application for licensure.

9(c) Administering to himself or herself a controlled substance
10or using any of the dangerous drugs specified in Section 4022 or
11an alcoholic beverage to the extent, or in a manner, as to be
12dangerous or injurious to himself or herself or to any other person
13or to the public or to the extent that the use impairs his or her ability
14to safely perform the functions authorized by the license. The board
15shall deny an application for a license or revoke the license of any
16person, other than one who is licensed as a physician and surgeon,
17who uses or offers to use drugs in the course of performing
18educational psychology.

19(d) Advertising in a manner that is false, fraudulent, misleading,
20or deceptive, as defined in Section 651.

21(e) Violating, attempting to violate, or conspiring to violate any
22of the provisions of this chapter or any regulation adopted by the
23board.

24(f) Commission of any dishonest, corrupt, or fraudulent act
25substantially related to the qualifications, functions, or duties of a
26licensee.

27(g) Denial of licensure, revocation, suspension, restriction, or
28any other disciplinary action imposed by another state or territory
29or possession of the United States or by any other governmental
30agency, on a license, certificate, or registration to practice
31educational psychology or any other healing art. A certified copy
32of the disciplinary action, decision, or judgment shall be conclusive
33evidence of that action.

34(h) Revocation, suspension, or restriction by the board of a
35license, certificate, or registration to practice as an educational
36psychologist, a clinical social worker, professional clinical
37counselor, or marriage and family therapist.

38(i) Failure to keep records consistent with sound clinical
39judgment, the standards of the profession, and the nature of the
40services being rendered.

P10   1(j) Gross negligence or incompetence in the practice of
2educational psychology.

3(k) Misrepresentation as to the type or status of a license held
4by the licensee or otherwise misrepresenting or permitting
5misrepresentation of his or her education, professional
6qualifications, or professional affiliations to any person or entity.

7(l) Intentionally or recklessly causing physical or emotional
8harm to any client.

9(m) Engaging in sexual relations with a client or a former client
10within two years following termination of professional services,
11soliciting sexual relations with a client, or committing an act of
12sexual abuse or sexual misconduct with a client or committing an
13act punishable as a sexually related crime, if that act or solicitation
14is substantially related to the qualifications, functions, or duties of
15a licensed educational psychologist.

16(n) Prior to the commencement of treatment, failing to disclose
17to the client or prospective client the fee to be charged for the
18professional services or the basis upon which that fee will be
19computed.

20(o) Paying, accepting, or soliciting any consideration,
21compensation, or remuneration, whether monetary or otherwise,
22 for the referral of professional clients.

23(p) Failing to maintain confidentiality, except as otherwise
24required or permitted by law, of all information that has been
25received from a client in confidence during the course of treatment
26and all information about the client that is obtained from tests or
27other means.

28(q) Performing, holding himself or herself out as being able to
29perform, or offering to perform any professional services beyond
30the scope of the license authorized by this chapter or beyond his
31or her field or fields of competence as established by his or her
32education, training, or experience.

33(r) Reproducing or describing in public, or in any publication
34subject to general public distribution, any psychological test or
35other assessment device the value of which depends in whole or
36in part on the naivete of the subject in ways that might invalidate
37the test or device. An educational psychologist shall limit access
38to the test or device to persons with professional interests who can
39be expected to safeguard its use.

P11   1(s) Aiding or abetting an unlicensed person to engage in conduct
2requiring a license under this chapter.

3(t) When employed by another person or agency, encouraging,
4either orally or in writing, the employer’s or agency’s clientele to
5utilize his or her private practice for further counseling without
6the approval of the employing agency or administration.

7(u) Failing to comply with the child abuse reporting
8requirements of Section 11166 of the Penal Code.

9(v) Failing to comply with the elder and adult dependent abuse
10reporting requirements of Section 15630 of the Welfare and
11Institutions Code.

12(w) Willful violation of Chapter 1 (commencing with Section
13123100) of Part 1 of Division 106 of the Health and Safety Code.

14(x) (1) Engaging in an act described in Section 261, 286, 288a,
15or 289 of the Penal Code with a minor or an act described in
16Section 288 or 288.5 of the Penal Code regardless of whether the
17act occurred prior to or after the time the registration or license
18was issued by the board. An act described in this subdivision
19occurring prior to the effective date of this subdivision shall
20constitute unprofessional conduct and shall subject the licensee to
21refusal, suspension, or revocation of a license under this section.

22(2) The Legislature hereby finds and declares that protection of
23the public, and in particular minors, from sexual misconduct by a
24licensee is a compelling governmental interest, and that the ability
25to suspend or revoke a license for sexual conduct with a minor
26occurring prior to the effective date of this section is equally
27important to protecting the public as is the ability to refuse a license
28for sexual conduct with a minor occurring prior to the effective
29date of this section.

30(y) Engaging in any conduct that subverts or attempts to subvert
31any licensing examination or the administration of the examination
32as described in Section 123.

33(z) Impersonation of another by any licensee or applicant for a
34license, or, in the case of a licensee, allowing any other person to
35use his or her license.

36(aa) Permitting a person under his or her supervision or control
37to perform, or permitting that person to hold himself or herself out
38as competent to perform, professional services beyond the level
39of education, training, or experience of that person.

P12   1

SEC. 6.  

Section 4992.3 of the Business and Professions Code
2 is amended to read:

3

4992.3.  

The board may deny a license or a registration, or may
4suspend or revoke the license or registration of a licensee or
5registrant if he or she has been guilty of unprofessional conduct.
6Unprofessional conduct includes, but is not limited to, the
7following:

8(a) The conviction of a crime substantially related to the
9qualifications, functions, or duties of a licensee or registrant under
10this chapter. The record of conviction shall be conclusive evidence
11only of the fact that the conviction occurred. The board may inquire
12into the circumstances surrounding the commission of the crime
13in order to fix the degree of discipline or to determine if the
14conviction is substantially related to the qualifications, functions,
15or duties of a licensee or registrant under this chapter. A plea or
16verdict of guilty or a conviction following a plea of nolo contendere
17made to a charge substantially related to the qualifications,
18functions, or duties of a licensee or registrant under this chapter
19is a conviction within the meaning of this section. The board may
20order any license or registration suspended or revoked, or may
21decline to issue a license or registration when the time for appeal
22has elapsed, or the judgment of conviction has been affirmed on
23appeal, or, when an order granting probation is made suspending
24the imposition of sentence, irrespective of a subsequent order under
25Section 1203.4 of the Penal Code allowing the person to withdraw
26a plea of guilty and enter a plea of not guilty, or setting aside the
27verdict of guilty, or dismissing the accusation, information, or
28indictment.

29(b) Securing a license or registration by fraud, deceit, or
30misrepresentation on any application for licensure or registration
31submitted to the board, whether engaged in by an applicant for a
32license or registration, or by a licensee in support of any application
33for licensure or registration.

34(c) Administering to himself or herself any controlled substance
35or using any of the dangerous drugs specified in Section 4022 or
36any alcoholic beverage to the extent, or in a manner, as to be
37dangerous or injurious to the person applying for a registration or
38license or holding a registration or license under this chapter, or
39to any other person, or to the public, or, to the extent that the use
40impairs the ability of the person applying for or holding a
P13   1registration or license to conduct with safety to the public the
2practice authorized by the registration or license. The board shall
3deny an application for a registration or license or revoke the
4license or registration of any person who uses or offers to use drugs
5in the course of performing clinical social work. This provision
6does not apply to any person also licensed as a physician and
7surgeon under Chapter 5 (commencing with Section 2000) or the
8Osteopathic Act who lawfully prescribes drugs to a patient under
9his or her care.

10(d) Incompetence in the performance of clinical social work.

11(e) An act or omission that falls sufficiently below the standard
12of conduct of the profession as to constitute an act of gross
13negligence.

14(f) Violating, attempting to violate, or conspiring to violate this
15chapter or any regulation adopted by the board.

16(g) Misrepresentation as to the type or status of a license or
17registration held by the person, or otherwise misrepresenting or
18permitting misrepresentation of his or her education, professional
19qualifications, or professional affiliations to any person or entity.
20For purposes of this subdivision, this misrepresentation includes,
21but is not limited to, misrepresentation of the person’s
22qualifications as an adoption service provider pursuant to Section
238502 of the Family Code.

24(h) Impersonation of another by any licensee, registrant, or
25applicant for a license or registration, or, in the case of a licensee,
26allowing any other person to use his or her license or registration.

27(i) Aiding or abetting any unlicensed or unregistered person to
28engage in conduct for which a license or registration is required
29under this chapter.

30(j) Intentionally or recklessly causing physical or emotional
31harm to any client.

32(k) The commission of any dishonest, corrupt, or fraudulent act
33substantially related to the qualifications, functions, or duties of a
34licensee or registrant.

35(l) Engaging in sexual relations with a client or with a former
36client within two years from the termination date of therapy with
37the client, soliciting sexual relations with a client, or committing
38an act of sexual abuse, or sexual misconduct with a client, or
39committing an act punishable as a sexually related crime, if that
P14   1act or solicitation is substantially related to the qualifications,
2functions, or duties of a clinical social worker.

3(m) Performing, or holding one’s self out as being able to
4perform, or offering to perform or permitting, any registered
5associate clinical social worker or intern under supervision to
6perform any professional services beyond the scope of one’s
7competence, as established by one’s education, training, or
8experience. This subdivision shall not be construed to expand the
9scope of the license authorized by this chapter.

10(n) Failure to maintain confidentiality, except as otherwise
11required or permitted by law, of all information that has been
12received from a client in confidence during the course of treatment
13and all information about the client that is obtained from tests or
14other means.

15(o) Prior to the commencement of treatment, failing to disclose
16to the client or prospective client the fee to be charged for the
17professional services, or the basis upon which that fee will be
18computed.

19(p) Paying, accepting, or soliciting any consideration,
20compensation, or remuneration, whether monetary or otherwise,
21for the referral of professional clients. All consideration,
22compensation, or remuneration shall be in relation to professional
23counseling services actually provided by the licensee. Nothing in
24this subdivision shall prevent collaboration among two or more
25licensees in a case or cases. However, no fee shall be charged for
26that collaboration, except when disclosure of the fee has been made
27in compliance with subdivision (o).

28(q) Advertising in a manner that is false, fraudulent, misleading,
29or deceptive, as defined in Section 651.

30(r) Reproduction or description in public, or in any publication
31subject to general public distribution, of any psychological test or
32other assessment device, the value of which depends in whole or
33in part on the naivete of the subject, in ways that might invalidate
34the test or device. A licensee shall limit access to that test or device
35to persons with professional interest who are expected to safeguard
36its use.

37(s) Any conduct in the supervision of any registered associate
38clinical social worker, intern, or trainee by any licensee that violates
39this chapter or any rules or regulations adopted by the board.

P15   1(t) Failure to keep records consistent with sound clinical
2judgment, the standards of the profession, and the nature of the
3services being rendered.

4(u) Failure to comply with the child abuse reporting
5requirements of Section 11166 of the Penal Code.

6(v) Failure to comply with the elder and dependent adult abuse
7reporting requirements of Section 15630 of the Welfare and
8Institutions Code.

9(w) Willful violation of Chapter 1 (commencing with Section
10123100) of Part 1 of Division 106 of the Health and Safety Code.

11(x) (1) Engaging in an act described in Section 261, 286, 288a,
12or 289 of the Penal Code with a minor or an act described in
13Section 288 or 288.5 of the Penal Code regardless of whether the
14act occurred prior to or after the time the registration or license
15was issued by the board. An act described in this subdivision
16occurring prior to the effective date of this subdivision shall
17constitute unprofessional conduct and shall subject the licensee to
18refusal, suspension, or revocation of a license under this section.

19(2) The Legislature hereby finds and declares that protection of
20the public, and in particular minors, from sexual misconduct by a
21licensee is a compelling governmental interest, and that the ability
22to suspend or revoke a license for sexual conduct with a minor
23occurring prior to the effective date of this section is equally
24important to protecting the public as is the ability to refuse a license
25for sexual conduct with a minor occurring prior to the effective
26date of this section.

27(y) Engaging in any conduct that subverts or attempts to subvert
28any licensing examination or the administration of the examination
29as described in Section 123.

30

SEC. 7.  

Section 4996 of the Business and Professions Code is
31amended to read:

32

4996.  

(a) Only individuals who have received a license under
33this article may style themselves as “Licensed Clinical Social
34Workers.” Every individual who styles himself or herself or who
35holds himself or herself out to be a licensed clinical social worker,
36or who uses any words or symbols indicating or tending to indicate
37that he or she is a licensed clinical social worker, without holding
38his or her license in good standing under this article, is guilty of a
39misdemeanor.

P16   1(b) It is unlawful for any person to engage in the practice of
2clinical social work unless at the time of so doing that person holds
3a valid, unexpired, and unrevoked license under this article.

4(c) A clinical social worker licensed under this chapter is a
5licentiate for purposes of paragraph (2) of subdivision (a) of Section
6805, and thus is a health care practitioner subject to the provisions
7of Section 2290.5.

8

SEC. 8.  

Section 4999.90 of the Business and Professions Code
9 is amended to read:

10

4999.90.  

The board may refuse to issue any registration or
11license, or may suspend or revoke the registration or license of
12any intern or licensed professional clinical counselor, if the
13applicant, licensee, or registrant has been guilty of unprofessional
14conduct. Unprofessional conduct includes, but is not limited to,
15the following:

16(a) The conviction of a crime substantially related to the
17qualifications, functions, or duties of a licensee or registrant under
18this chapter. The record of conviction shall be conclusive evidence
19only of the fact that the conviction occurred. The board may inquire
20into the circumstances surrounding the commission of the crime
21in order to fix the degree of discipline or to determine if the
22conviction is substantially related to the qualifications, functions,
23or duties of a licensee or registrant under this chapter. A plea or
24verdict of guilty or a conviction following a plea of nolo contendere
25made to a charge substantially related to the qualifications,
26functions, or duties of a licensee or registrant under this chapter
27shall be deemed to be a conviction within the meaning of this
28section. The board may order any license or registration suspended
29or revoked, or may decline to issue a license or registration when
30the time for appeal has elapsed, or the judgment of conviction has
31been affirmed on appeal, or, when an order granting probation is
32made suspending the imposition of sentence, irrespective of a
33subsequent order under Section 1203.4 of the Penal Code allowing
34the person to withdraw a plea of guilty and enter a plea of not
35guilty, or setting aside the verdict of guilty, or dismissing the
36accusation, information, or indictment.

37(b) Securing a license or registration by fraud, deceit, or
38 misrepresentation on any application for licensure or registration
39submitted to the board, whether engaged in by an applicant for a
P17   1license or registration, or by a licensee in support of any application
2for licensure or registration.

3(c) Administering to himself or herself any controlled substance
4or using any of the dangerous drugs specified in Section 4022, or
5any alcoholic beverage to the extent, or in a manner, as to be
6dangerous or injurious to the person applying for a registration or
7license or holding a registration or license under this chapter, or
8to any other person, or to the public, or, to the extent that the use
9impairs the ability of the person applying for or holding a
10registration or license to conduct with safety to the public the
11practice authorized by the registration or license. The board shall
12deny an application for a registration or license or revoke the
13license or registration of any person, other than one who is licensed
14as a physician and surgeon, who uses or offers to use drugs in the
15course of performing licensed professional clinical counseling
16services.

17(d) Gross negligence or incompetence in the performance of
18licensed professional clinical counseling services.

19(e) Violating, attempting to violate, or conspiring to violate any
20of the provisions of this chapter or any regulation adopted by the
21board.

22(f) Misrepresentation as to the type or status of a license or
23registration held by the person, or otherwise misrepresenting or
24permitting misrepresentation of his or her education, professional
25qualifications, or professional affiliations to any person or entity.

26(g) Impersonation of another by any licensee, registrant, or
27applicant for a license or registration, or, in the case of a licensee
28or registrant, allowing any other person to use his or her license
29or registration.

30(h) Aiding or abetting, or employing, directly or indirectly, any
31unlicensed or unregistered person to engage in conduct for which
32a license or registration is required under this chapter.

33(i) Intentionally or recklessly causing physical or emotional
34harm to any client.

35(j) The commission of any dishonest, corrupt, or fraudulent act
36substantially related to the qualifications, functions, or duties of a
37 licensee or registrant.

38(k) Engaging in sexual relations with a client, or a former client
39within two years following termination of therapy, soliciting sexual
40relations with a client, or committing an act of sexual abuse, or
P18   1 sexual misconduct with a client, or committing an act punishable
2as a sexually related crime, if that act or solicitation is substantially
3related to the qualifications, functions, or duties of a licensed
4professional clinical counselor.

5(l) Performing, or holding oneself out as being able to perform,
6or offering to perform, or permitting any trainee, applicant, or
7registrant under supervision to perform, any professional services
8beyond the scope of the license authorized by this chapter.

9(m) Failure to maintain confidentiality, except as otherwise
10required or permitted by law, of all information that has been
11received from a client in confidence during the course of treatment
12and all information about the client which is obtained from tests
13or other means.

14(n) Prior to the commencement of treatment, failing to disclose
15to the client or prospective client the fee to be charged for the
16professional services, or the basis upon which that fee will be
17computed.

18(o) Paying, accepting, or soliciting any consideration,
19compensation, or remuneration, whether monetary or otherwise,
20for the referral of professional clients. All consideration,
21compensation, or remuneration shall be in relation to professional
22clinical counseling services actually provided by the licensee.
23Nothing in this subdivision shall prevent collaboration among two
24or more licensees in a case or cases. However, no fee shall be
25charged for that collaboration, except when disclosure of the fee
26has been made in compliance with subdivision (n).

27(p) Advertising in a manner that is false, fraudulent, misleading,
28or deceptive, as defined in Section 651.

29(q) Reproduction or description in public, or in any publication
30subject to general public distribution, of any psychological test or
31other assessment device, the value of which depends in whole or
32in part on the naivete of the subject, in ways that might invalidate
33the test or device.

34(r) Any conduct in the supervision of a registered intern,
35associate clinical social worker, or clinical counselor trainee by
36any licensee that violates this chapter or any rules or regulations
37adopted by the board.

38(s) Performing or holding oneself out as being able to perform
39professional services beyond the scope of one’s competence, as
40established by one’s education, training, or experience. This
P19   1subdivision shall not be construed to expand the scope of the
2license authorized by this chapter.

3(t) Permitting a clinical counselor trainee or intern under one’s
4supervision or control to perform, or permitting the clinical
5counselor trainee or intern to hold himself or herself out as
6competent to perform, professional services beyond the clinical
7counselor trainee’s or intern’s level of education, training, or
8experience.

9(u) The violation of any statute or regulation of the standards
10of the profession, and the nature of the services being rendered,
11governing the gaining and supervision of experience required by
12this chapter.

13(v) Failure to keep records consistent with sound clinical
14judgment, the standards of the profession, and the nature of the
15services being rendered.

16(w) Failure to comply with the child abuse reporting
17requirements of Section 11166 of the Penal Code.

18(x) Failing to comply with the elder and dependent adult abuse
19reporting requirements of Section 15630 of the Welfare and
20Institutions Code.

21(y) Repeated acts of negligence.

22(z) (1) Engaging in an act described in Section 261, 286, 288a,
23or 289 of the Penal Code with a minor or an act described in
24Section 288 or 288.5 of the Penal Code regardless of whether the
25act occurred prior to or after the time the registration or license
26was issued by the board. An act described in this subdivision
27occurring prior to the effective date of this subdivision shall
28constitute unprofessional conduct and shall subject the licensee to
29refusal, suspension, or revocation of a license under this section.

30(2) The Legislature hereby finds and declares that protection of
31the public, and in particular minors, from sexual misconduct by a
32licensee is a compelling governmental interest, and that the ability
33to suspend or revoke a license for sexual conduct with a minor
34occurring prior to the effective date of this section is equally
35important to protecting the public as is the ability to refuse a license
36for sexual conduct with a minor occurring prior to the effective
37date of this section.

38(aa) Engaging in any conduct that subverts or attempts to subvert
39any licensing examination or the administration of an examination
40as described in Section 123.

P20   1(ab) Revocation, suspension, or restriction by the board of a
2license, certificate, or registration to practice as a professional
3clinical counselor, clinical social worker, educational psychologist,
4or marriage and family therapist.

5(ac) Willful violation of Chapter 1 (commencing with Section
6123100) of Part 1 of Division 106 of the Health and Safety Code.

7

SEC. 9.  

This act is an urgency statute necessary for the
8immediate preservation of the public peace, health, or safety within
9the meaning of Article IV of the Constitution and shall go into
10immediate effect. The facts constituting the necessity are:

11In order to protect the health and safety of the public due to a
12lack of access to health care providers in rural and urban medically
13underserved areas of California, the increasing strain on existing
14providers expected to occur with the implementation of the federal
15Patient Protection and Affordable Care Act, and the assistance that
16further implementation of telehealth can provide to help relieve
17these burdens, it is necessary for this act to take effect immediately.



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