Amended in Assembly April 29, 2013

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 amendbegin delete Sections 1626.2,end deletebegin insert Sectionend insert 2290.5begin delete, 4980.01, 4982, 4989.54, 4992.3, 4996, and 4999.90end delete 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 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 record. The bill would make additional conforming changes.end deletebegin insert allow the verbal consent for the use of telehealth to apply in the present instance and for any subsequent use of telehealth.end insert

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:

begin deleteP2    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.

end delete
7

begin deleteSEC. 2.end delete
8begin insertSECTION 1.end insert  

Section 2290.5 of the Business and Professions
9Code
is amended to read:

10

2290.5.  

(a) For purposes of this division, the following
11definitions shall apply:

12(1) “Asynchronous store and forward” means the transmission
13of a patient’s medical information from an originating site to the
14health care provider at a distant site without the presence of the
15patient.

16(2) “Distant site” means a site where a health care provider who
17provides health care services is located while providing these
18services via a telecommunications system.

19(3) “Health care provider” means a person who is licensed under
20this division.

21(4) “Originating site” means a site where a patient is located at
22the time health care services are provided via a telecommunications
23system or where the asynchronous store and forward service
24originates.

25(5) “Synchronous interaction” means a real-time interaction
26between a patient and a health care provider located at a distant
27site.

28(6) “Telehealth” means the mode of delivering health care
29services and public health via information and communication
30technologies to facilitate the diagnosis, consultation, treatment,
31education, care management, and self-management of a patient’s
32health care while the patient is at the originating site and the health
33care provider is at a distant site. Telehealth facilitates patient
34self-management and caregiver support for patients and includes
P3    1synchronous interactions and asynchronous store and forward
2transfers.

3(b) Prior to the delivery of health care via telehealth, the health
4care providerbegin insert initiating the use of telehealthend insert at the originating site
5shallbegin delete provide the patient with a waiver for the course of treatment
6involving telehealth services to obtain informed consent for the
7agreed upon course of treatmentend delete
begin insert verbally inform the patient about
8the use of telehealth and request the patient’s verbal consent, which
9may apply in the present instance and for any subsequent use of
10telehealthend insert
. Thebegin delete signed waiverend deletebegin insert verbal consentend insert shall bebegin delete containedend delete
11begin insert documentedend insert in the patient’s medical record.

12(c) Nothing in this section shall preclude a patient from receiving
13in-person health care delivery services during a course of treatment
14after agreeing to receive services via telehealth.

15(d) The failure of a health care provider to comply with this
16section shall constitute unprofessional conduct. Section 2314 shall
17not apply to this section.

18(e) This section shall not be construed to alter the scope of
19practice of any health care provider or authorize the delivery of
20health care services in a setting, or in a manner, not otherwise
21authorized by law.

22(f) All laws regarding the confidentiality of health care
23information and a patient’s rights to his or her medical information
24shall apply to telehealth interactions.

25(g) This section shall not apply to a patient under the jurisdiction
26of the Department of Corrections and Rehabilitation or any other
27correctional facility.

28(h) (1) Notwithstanding any other provision of law and for
29purposes of this section, the governing body of the hospital whose
30patients are receiving the telehealth services may grant privileges
31to, and verify and approve credentials for, providers of telehealth
32services based on its medical staff recommendations that rely on
33 information provided by the distant-site hospital or telehealth
34entity, as described in Sections 482.12, 482.22, and 485.616 of
35Title 42 of the Code of Federal Regulations.

36(2) By enacting this subdivision, it is the intent of the Legislature
37to authorize a hospital to grant privileges to, and verify and approve
38credentials for, providers of telehealth services as described in
39paragraph (1).

P4    1(3) For the purposes of this subdivision, “telehealth” shall
2include “telemedicine” as the term is referenced in Sections 482.12,
3482.22, and 485.616 of Title 42 of the Code of Federal Regulations.

begin delete
4

SEC. 3.  

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

6

4980.01.  

(a) Nothing in this chapter shall be construed to
7constrict, limit, or withdraw the Medical Practice Act, the Social
8Work Licensing Law, the Nursing Practice Act, the Licensed
9Professional Clinical Counselor Act, or the Psychology Licensing
10Act.

11(b) This chapter shall not apply to any priest, rabbi, or minister
12of the gospel of any religious denomination when performing
13counseling services as part of his or her pastoral or professional
14duties, or to any person who is admitted to practice law in the state,
15or who is licensed to practice medicine, when providing counseling
16services as part of his or her professional practice.

17(c) (1) This chapter shall not apply to an employee working in
18any of the following settings if his or her work is performed solely
19under the supervision of the employer:

20(A) A governmental entity.

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

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

23(2) This chapter shall not apply to a volunteer working in any
24of the settings described in paragraph (1) if his or her work is
25performed solely under the supervision of the entity, school, or
26institution.

27(d) A marriage and family therapist licensed under this chapter
28is a licentiate for purposes of paragraph (2) of subdivision (a) of
29Section 805, and thus is a health care practitioner subject to the
30provisions of Section 2290.5.

31(e) Notwithstanding subdivisions (b) and (c), all persons
32registered as interns or licensed under this chapter shall not be
33exempt from this chapter or the jurisdiction of the board.

34

SEC. 4.  

Section 4982 of the Business and Professions Code is
35amended to read:

36

4982.  

The board may deny a license or registration or may
37suspend or revoke the license or registration of a licensee or
38registrant if he or she has been guilty of unprofessional conduct.
39Unprofessional conduct includes, but is not limited to, the
40following:

P5    1(a) The conviction of a crime substantially related to the
2qualifications, functions, or duties of a licensee or registrant under
3this chapter. The record of conviction shall be conclusive evidence
4only of the fact that the conviction occurred. The board may inquire
5into the circumstances surrounding the commission of the crime
6in order to fix the degree of discipline or to determine if the
7conviction is substantially related to the qualifications, functions,
8or duties of a licensee or registrant under this chapter. A plea or
9verdict of guilty or a conviction following a plea of nolo contendere
10made to a charge substantially related to the qualifications,
11functions, or duties of a licensee or registrant under this chapter
12shall be deemed to be a conviction within the meaning of this
13section. The board may order any license or registration suspended
14or revoked, or may decline to issue a license or registration when
15the time for appeal has elapsed, or the judgment of conviction has
16been affirmed on appeal, or, when an order granting probation is
17made suspending the imposition of sentence, irrespective of a
18subsequent order under Section 1203.4 of the Penal Code allowing
19the person to withdraw a plea of guilty and enter a plea of not
20guilty, or setting aside the verdict of guilty, or dismissing the
21accusation, information, or indictment.

22(b) Securing a license or registration by fraud, deceit, or
23misrepresentation on any application for licensure or registration
24submitted to the board, whether engaged in by an applicant for a
25license or registration, or by a licensee in support of any application
26for licensure or registration.

27(c) Administering to himself or herself any controlled substance
28or using of any of the dangerous drugs specified in Section 4022,
29or of any alcoholic beverage to the extent, or in a manner, as to be
30dangerous or injurious to the person applying for a registration or
31license or holding a registration or license under this chapter, or
32to any other person, or to the public, or, to the extent that the use
33impairs the ability of the person applying for or holding a
34registration or license to conduct with safety to the public the
35practice authorized by the registration or license. The board shall
36deny an application for a registration or license or revoke the
37license or registration of any person, other than one who is licensed
38as a physician and surgeon, who uses or offers to use drugs in the
39course of performing marriage and family therapy services.

P6    1(d) Gross negligence or incompetence in the performance of
2marriage and family therapy.

3(e) Violating, attempting to violate, or conspiring to violate any
4of the provisions of this chapter or any regulation adopted by the
5board.

6(f) Misrepresentation as to the type or status of a license or
7registration held by the person, or otherwise misrepresenting or
8permitting misrepresentation of his or her education, professional
9qualifications, or professional affiliations to any person or entity.

10(g) Impersonation of another by any licensee, registrant, or
11applicant for a license or registration, or, in the case of a licensee,
12allowing any other person to use his or her license or registration.

13(h) Aiding or abetting, or employing, directly or indirectly, any
14unlicensed or unregistered person to engage in conduct for which
15a license or registration is required under this chapter.

16(i) Intentionally or recklessly causing physical or emotional
17harm to any client.

18(j) The commission of any dishonest, corrupt, or fraudulent act
19substantially related to the qualifications, functions, or duties of a
20licensee or registrant.

21(k) Engaging in sexual relations with a client, or a former client
22within two years following termination of therapy, soliciting sexual
23relations with a client, or committing an act of sexual abuse, or
24sexual misconduct with a client, or committing an act punishable
25as a sexually related crime, if that act or solicitation is substantially
26related to the qualifications, functions, or duties of a marriage and
27family therapist.

28(l) Performing, or holding oneself out as being able to perform,
29or offering to perform, or permitting any trainee or registered intern
30under supervision to perform, any professional services beyond
31the scope of the license authorized by this chapter.

32(m) Failure to maintain confidentiality, except as otherwise
33required or permitted by law, of all information that has been
34received from a client in confidence during the course of treatment
35and all information about the client that is obtained from tests or
36other means.

37(n) Prior to the commencement of treatment, failing to disclose
38to the client or prospective client the fee to be charged for the
39professional services, or the basis upon which that fee will be
40 computed.

P7    1(o) Paying, accepting, or soliciting any consideration,
2compensation, or remuneration, whether monetary or otherwise,
3for the referral of professional clients. All consideration,
4compensation, or remuneration shall be in relation to professional
5counseling services actually provided by the licensee. Nothing in
6this subdivision shall prevent collaboration among two or more
7licensees in a case or cases. However, no fee shall be charged for
8that collaboration, except when disclosure of the fee has been made
9in compliance with subdivision (n).

10(p) Advertising in a manner that is false, fraudulent, misleading,
11or deceptive, as defined in Section 651.

12(q) Reproduction or description in public, or in any publication
13subject to general public distribution, of any psychological test or
14other assessment device, the value of which depends in whole or
15in part on the naivete of the subject, in ways that might invalidate
16the test or device.

17(r) Any conduct in the supervision of any registered intern,
18associate clinical social worker, or trainee by any licensee that
19violates this chapter or any rules or regulations adopted by the
20board.

21(s) Performing or holding oneself out as being able to perform
22professional services beyond the scope of one’s competence, as
23established by one’s education, training, or experience. This
24subdivision shall not be construed to expand the scope of the
25license authorized by this chapter.

26(t) Permitting a trainee or registered intern under one’s
27supervision or control to perform, or permitting the trainee or
28registered intern to hold himself or herself out as competent to
29perform, professional services beyond the trainee’s or registered
30intern’s level of education, training, or experience.

31(u) The violation of any statute or regulation governing the
32gaining and supervision of experience required by this chapter.

33(v) Failure to keep records consistent with sound clinical
34judgment, the standards of the profession, and the nature of the
35services being rendered.

36(w) Failure to comply with the child abuse reporting
37requirements of Section 11166 of the Penal Code.

38(x) Failure to comply with the elder and dependent adult abuse
39reporting requirements of Section 15630 of the Welfare and
40Institutions Code.

P8    1(y) Willful violation of Chapter 1 (commencing with Section
2123100) of Part 1 of Division 106 of the Health and Safety Code.

3(z) (1) Engaging in an act described in Section 261, 286, 288a,
4or 289 of the Penal Code with a minor or an act described in
5Section 288 or 288.5 of the Penal Code regardless of whether the
6act occurred prior to or after the time the registration or license
7was issued by the board. An act described in this subdivision
8occurring prior to the effective date of this subdivision shall
9constitute unprofessional conduct and shall subject the licensee to
10refusal, suspension, or revocation of a license under this section.

11(2) The Legislature hereby finds and declares that protection of
12the public, and in particular minors, from sexual misconduct by a
13licensee is a compelling governmental interest, and that the ability
14to suspend or revoke a license for sexual conduct with a minor
15occurring prior to the effective date of this section is equally
16important to protecting the public as is the ability to refuse a license
17for sexual conduct with a minor occurring prior to the effective
18date of this section.

19(aa) Engaging in any conduct that subverts or attempts to subvert
20any licensing examination or the administration of an examination
21as described in Section 123.

22

SEC. 5.  

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

24

4989.54.  

The board may deny a license or may suspend or
25revoke the license of a licensee if he or she has been guilty of
26unprofessional conduct. Unprofessional conduct includes, but is
27not limited to, the following:

28(a) Conviction of a crime substantially related to the
29qualifications, functions, and duties of an educational psychologist.

30(1) The record of conviction shall be conclusive evidence only
31of the fact that the conviction occurred.

32(2) The board may inquire into the circumstances surrounding
33the commission of the crime in order to fix the degree of discipline
34or to determine if the conviction is substantially related to the
35qualifications, functions, or duties of a licensee under this chapter.

36(3) A plea or verdict of guilty or a conviction following a plea
37of nolo contendere made to a charge substantially related to the
38qualifications, functions, or duties of a licensee under this chapter
39shall be deemed to be a conviction within the meaning of this
40section.

P9    1(4) The board may order a license suspended or revoked, or
2may decline to issue a license when the time for appeal has elapsed,
3or the judgment of conviction has been affirmed on appeal, or
4when an order granting probation is made suspending the
5imposition of sentence, irrespective of a subsequent order under
6Section 1203.4 of the Penal Code allowing the person to withdraw
7a plea of guilty and enter a plea of not guilty or setting aside the
8verdict of guilty or dismissing the accusation, information, or
9indictment.

10(b) Securing a license by fraud, deceit, or misrepresentation on
11an application for licensure submitted to the board, whether
12engaged in by an applicant for a license or by a licensee in support
13of an application for licensure.

14(c) Administering to himself or herself a controlled substance
15or using any of the dangerous drugs specified in Section 4022 or
16an alcoholic beverage to the extent, or in a manner, as to be
17dangerous or injurious to himself or herself or to any other person
18or to the public or to the extent that the use impairs his or her ability
19to safely perform the functions authorized by the license. The board
20shall deny an application for a license or revoke the license of any
21person, other than one who is licensed as a physician and surgeon,
22who uses or offers to use drugs in the course of performing
23educational psychology.

24(d) Advertising in a manner that is false, fraudulent, misleading,
25or deceptive, as defined in Section 651.

26(e) Violating, attempting to violate, or conspiring to violate any
27of the provisions of this chapter or any regulation adopted by the
28board.

29(f) Commission of any dishonest, corrupt, or fraudulent act
30substantially related to the qualifications, functions, or duties of a
31licensee.

32(g) Denial of licensure, revocation, suspension, restriction, or
33any other disciplinary action imposed by another state or territory
34or possession of the United States or by any other governmental
35agency, on a license, certificate, or registration to practice
36educational psychology or any other healing art. A certified copy
37of the disciplinary action, decision, or judgment shall be conclusive
38evidence of that action.

39(h) Revocation, suspension, or restriction by the board of a
40license, certificate, or registration to practice as an educational
P10   1psychologist, a clinical social worker, professional clinical
2counselor, or marriage and family therapist.

3(i) Failure to keep records consistent with sound clinical
4judgment, the standards of the profession, and the nature of the
5services being rendered.

6(j) Gross negligence or incompetence in the practice of
7educational psychology.

8(k) Misrepresentation as to the type or status of a license held
9by the licensee or otherwise misrepresenting or permitting
10misrepresentation of his or her education, professional
11qualifications, or professional affiliations to any person or entity.

12(l) Intentionally or recklessly causing physical or emotional
13harm to any client.

14(m) Engaging in sexual relations with a client or a former client
15within two years following termination of professional services,
16soliciting sexual relations with a client, or committing an act of
17sexual abuse or sexual misconduct with a client or committing an
18act punishable as a sexually related crime, if that act or solicitation
19is substantially related to the qualifications, functions, or duties of
20a licensed educational psychologist.

21(n) Prior to the commencement of treatment, failing to disclose
22to the client or prospective client the fee to be charged for the
23professional services or the basis upon which that fee will be
24computed.

25(o) Paying, accepting, or soliciting any consideration,
26compensation, or remuneration, whether monetary or otherwise,
27 for the referral of professional clients.

28(p) Failing to maintain confidentiality, except as otherwise
29required or permitted by law, of all information that has been
30received from a client in confidence during the course of treatment
31and all information about the client that is obtained from tests or
32other means.

33(q) Performing, holding himself or herself out as being able to
34perform, or offering to perform any professional services beyond
35the scope of the license authorized by this chapter or beyond his
36or her field or fields of competence as established by his or her
37education, training, or experience.

38(r) Reproducing or describing in public, or in any publication
39subject to general public distribution, any psychological test or
40other assessment device the value of which depends in whole or
P11   1in part on the naivete of the subject in ways that might invalidate
2the test or device. An educational psychologist shall limit access
3to the test or device to persons with professional interests who can
4be expected to safeguard its use.

5(s) Aiding or abetting an unlicensed person to engage in conduct
6requiring a license under this chapter.

7(t) When employed by another person or agency, encouraging,
8either orally or in writing, the employer’s or agency’s clientele to
9utilize his or her private practice for further counseling without
10the approval of the employing agency or administration.

11(u) Failing to comply with the child abuse reporting
12requirements of Section 11166 of the Penal Code.

13(v) Failing to comply with the elder and adult dependent abuse
14reporting requirements of Section 15630 of the Welfare and
15Institutions Code.

16(w) Willful violation of Chapter 1 (commencing with Section
17123100) of Part 1 of Division 106 of the Health and Safety Code.

18(x) (1) Engaging in an act described in Section 261, 286, 288a,
19or 289 of the Penal Code with a minor or an act described in
20Section 288 or 288.5 of the Penal Code regardless of whether the
21act occurred prior to or after the time the registration or license
22was issued by the board. An act described in this subdivision
23occurring prior to the effective date of this subdivision shall
24constitute unprofessional conduct and shall subject the licensee to
25refusal, suspension, or revocation of a license under this section.

26(2) The Legislature hereby finds and declares that protection of
27the public, and in particular minors, from sexual misconduct by a
28licensee is a compelling governmental interest, and that the ability
29to suspend or revoke a license for sexual conduct with a minor
30occurring prior to the effective date of this section is equally
31important to protecting the public as is the ability to refuse a license
32for sexual conduct with a minor occurring prior to the effective
33date of this section.

34(y) Engaging in any conduct that subverts or attempts to subvert
35any licensing examination or the administration of the examination
36as described in Section 123.

37(z) Impersonation of another by any licensee or applicant for a
38license, or, in the case of a licensee, allowing any other person to
39use his or her license.

P12   1(aa) Permitting a person under his or her supervision or control
2to perform, or permitting that person to hold himself or herself out
3as competent to perform, professional services beyond the level
4of education, training, or experience of that person.

5

SEC. 6.  

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

7

4992.3.  

The board may deny a license or a registration, or may
8suspend or revoke the license or registration of a licensee or
9registrant if he or she has been guilty of unprofessional conduct.
10Unprofessional conduct includes, but is not limited to, the
11following:

12(a) The conviction of a crime substantially related to the
13qualifications, functions, or duties of a licensee or registrant under
14this chapter. The record of conviction shall be conclusive evidence
15only of the fact that the conviction occurred. The board may inquire
16into the circumstances surrounding the commission of the crime
17in order to fix the degree of discipline or to determine if the
18conviction is substantially related to the qualifications, functions,
19or duties of a licensee or registrant under this chapter. A plea or
20verdict of guilty or a conviction following a plea of nolo contendere
21made to a charge substantially related to the qualifications,
22functions, or duties of a licensee or registrant under this chapter
23is a conviction within the meaning of this section. The board may
24order any license or registration suspended or revoked, or may
25decline to issue a license or registration when the time for appeal
26has elapsed, or the judgment of conviction has been affirmed on
27appeal, or, when an order granting probation is made suspending
28the imposition of sentence, irrespective of a subsequent order under
29Section 1203.4 of the Penal Code allowing the person to withdraw
30a plea of guilty and enter a plea of not guilty, or setting aside the
31verdict of guilty, or dismissing the accusation, information, or
32indictment.

33(b) Securing a license or registration by fraud, deceit, or
34misrepresentation on any application for licensure or registration
35submitted to the board, whether engaged in by an applicant for a
36license or registration, or by a licensee in support of any application
37for licensure or registration.

38(c) Administering to himself or herself any controlled substance
39or using any of the dangerous drugs specified in Section 4022 or
40any alcoholic beverage to the extent, or in a manner, as to be
P13   1dangerous or injurious to the person applying for a registration or
2license or holding a registration or license under this chapter, or
3to any other person, or to the public, or, to the extent that the use
4impairs the ability of the person applying for or holding a
5registration or license to conduct with safety to the public the
6practice authorized by the registration or license. The board shall
7deny an application for a registration or license or revoke the
8license or registration of any person who uses or offers to use drugs
9in the course of performing clinical social work. This provision
10does not apply to any person also licensed as a physician and
11surgeon under Chapter 5 (commencing with Section 2000) or the
12Osteopathic Act who lawfully prescribes drugs to a patient under
13his or her care.

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

15(e) An act or omission that falls sufficiently below the standard
16of conduct of the profession as to constitute an act of gross
17negligence.

18(f) Violating, attempting to violate, or conspiring to violate this
19chapter or any regulation adopted by the board.

20(g) Misrepresentation as to the type or status of a license or
21registration held by the person, or otherwise misrepresenting or
22permitting misrepresentation of his or her education, professional
23qualifications, or professional affiliations to any person or entity.
24For purposes of this subdivision, this misrepresentation includes,
25but is not limited to, misrepresentation of the person’s
26qualifications as an adoption service provider pursuant to Section
278502 of the Family Code.

28(h) Impersonation of another by any licensee, registrant, or
29applicant for a license or registration, or, in the case of a licensee,
30allowing any other person to use his or her license or registration.

31(i) Aiding or abetting any unlicensed or unregistered person to
32engage in conduct for which a license or registration is required
33under this chapter.

34(j) Intentionally or recklessly causing physical or emotional
35harm to any client.

36(k) The commission of any dishonest, corrupt, or fraudulent act
37substantially related to the qualifications, functions, or duties of a
38licensee or registrant.

39(l) Engaging in sexual relations with a client or with a former
40client within two years from the termination date of therapy with
P14   1the client, soliciting sexual relations with a client, or committing
2an act of sexual abuse, or sexual misconduct with a client, or
3committing an act punishable as a sexually related crime, if that
4act or solicitation is substantially related to the qualifications,
5functions, or duties of a clinical social worker.

6(m) Performing, or holding one’s self out as being able to
7perform, or offering to perform or permitting, any registered
8associate clinical social worker or intern under supervision to
9perform any professional services beyond the scope of one’s
10competence, as established by one’s education, training, or
11experience. This subdivision shall not be construed to expand the
12scope of the license authorized by this chapter.

13(n) Failure to maintain confidentiality, except as otherwise
14required or permitted by law, of all information that has been
15received from a client in confidence during the course of treatment
16and all information about the client that is obtained from tests or
17other means.

18(o) Prior to the commencement of treatment, failing to disclose
19to the client or prospective client the fee to be charged for the
20professional services, or the basis upon which that fee will be
21computed.

22(p) Paying, accepting, or soliciting any consideration,
23compensation, or remuneration, whether monetary or otherwise,
24for the referral of professional clients. All consideration,
25compensation, or remuneration shall be in relation to professional
26counseling services actually provided by the licensee. Nothing in
27this subdivision shall prevent collaboration among two or more
28licensees in a case or cases. However, no fee shall be charged for
29that collaboration, except when disclosure of the fee has been made
30in compliance with subdivision (o).

31(q) Advertising in a manner that is false, fraudulent, misleading,
32or deceptive, as defined in Section 651.

33(r) Reproduction or description in public, or in any publication
34subject to general public distribution, of 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. A licensee shall limit access to that test or device
38to persons with professional interest who are expected to safeguard
39its use.

P15   1(s) Any conduct in the supervision of any registered associate
2clinical social worker, intern, or trainee by any licensee that violates
3this chapter or any rules or regulations adopted by the board.

4(t) Failure to keep records consistent with sound clinical
5judgment, the standards of the profession, and the nature of the
6services being rendered.

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

9(v) Failure to comply with the elder and dependent adult 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

SEC. 7.  

Section 4996 of the Business and Professions Code is
34amended to read:

35

4996.  

(a) Only individuals who have received a license under
36this article may style themselves as “Licensed Clinical Social
37Workers.” Every individual who styles himself or herself or who
38holds himself or herself out to be a licensed clinical social worker,
39or who uses any words or symbols indicating or tending to indicate
40that he or she is a licensed clinical social worker, without holding
P16   1his or her license in good standing under this article, is guilty of a
2misdemeanor.

3(b) It is unlawful for any person to engage in the practice of
4clinical social work unless at the time of so doing that person holds
5a valid, unexpired, and unrevoked license under this article.

6(c) A clinical social worker licensed under this chapter is a
7licentiate for purposes of paragraph (2) of subdivision (a) of Section
8805, and thus is a health care practitioner subject to the provisions
9of Section 2290.5.

10

SEC. 8.  

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

12

4999.90.  

The board may refuse to issue any registration or
13license, or may suspend or revoke the registration or license of
14any intern or licensed professional clinical counselor, if the
15applicant, licensee, or registrant has been guilty of unprofessional
16conduct. Unprofessional conduct includes, but is not limited to,
17the following:

18(a) The conviction of a crime substantially related to the
19qualifications, functions, or duties of a licensee or registrant under
20this chapter. The record of conviction shall be conclusive evidence
21only of the fact that the conviction occurred. The board may inquire
22into the circumstances surrounding the commission of the crime
23in order to fix the degree of discipline or to determine if the
24conviction is substantially related to the qualifications, functions,
25or duties of a licensee or registrant under this chapter. A plea or
26verdict of guilty or a conviction following a plea of nolo contendere
27made to a charge substantially related to the qualifications,
28functions, or duties of a licensee or registrant under this chapter
29shall be deemed to be a conviction within the meaning of this
30section. The board may order any license or registration suspended
31or revoked, or may decline to issue a license or registration when
32the time for appeal has elapsed, or the judgment of conviction has
33been affirmed on appeal, or, when an order granting probation is
34made suspending the imposition of sentence, irrespective of a
35subsequent order under Section 1203.4 of the Penal Code allowing
36the person to withdraw a plea of guilty and enter a plea of not
37guilty, or setting aside the verdict of guilty, or dismissing the
38accusation, information, or indictment.

39(b) Securing a license or registration by fraud, deceit, or
40 misrepresentation on any application for licensure or registration
P17   1submitted to the board, whether engaged in by an applicant for a
2license or registration, or by a licensee in support of any application
3for licensure or registration.

4(c) Administering to himself or herself any controlled substance
5or using any of the dangerous drugs specified in Section 4022, or
6any alcoholic beverage to the extent, or in a manner, as to be
7dangerous or injurious to the person applying for a registration or
8license or holding a registration or license under this chapter, or
9to any other person, or to the public, or, to the extent that the use
10impairs the ability of the person applying for or holding a
11registration or license to conduct with safety to the public the
12practice authorized by the registration or license. The board shall
13deny an application for a registration or license or revoke the
14license or registration of any person, other than one who is licensed
15as a physician and surgeon, who uses or offers to use drugs in the
16course of performing licensed professional clinical counseling
17services.

18(d) Gross negligence or incompetence in the performance of
19licensed professional clinical counseling services.

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

23(f) Misrepresentation as to the type or status of a license or
24registration held by the person, or otherwise misrepresenting or
25permitting misrepresentation of his or her education, professional
26qualifications, or professional affiliations to any person or entity.

27(g) Impersonation of another by any licensee, registrant, or
28applicant for a license or registration, or, in the case of a licensee
29or registrant, allowing any other person to use his or her license
30or registration.

31(h) Aiding or abetting, or employing, directly or indirectly, any
32unlicensed or unregistered person to engage in conduct for which
33a license or registration is required under this chapter.

34(i) Intentionally or recklessly causing physical or emotional
35harm to any client.

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

39(k) Engaging in sexual relations with a client, or a former client
40within two years following termination of therapy, soliciting sexual
P18   1relations with a client, or committing an act of sexual abuse, or
2 sexual misconduct with a client, or committing an act punishable
3as a sexually related crime, if that act or solicitation is substantially
4related to the qualifications, functions, or duties of a licensed
5professional clinical counselor.

6(l) Performing, or holding oneself out as being able to perform,
7or offering to perform, or permitting any trainee, applicant, or
8registrant under supervision to perform, any professional services
9beyond the scope of the license authorized by this chapter.

10(m) 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 which is obtained from tests
14or other means.

15(n) 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(o) 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
23clinical counseling services actually provided by the licensee.
24Nothing in this subdivision shall prevent collaboration among two
25or more licensees in a case or cases. However, no fee shall be
26charged for that collaboration, except when disclosure of the fee
27has been made in compliance with subdivision (n).

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

30(q) 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.

35(r) Any conduct in the supervision of a registered intern,
36associate clinical social worker, or clinical counselor trainee by
37any licensee that violates this chapter or any rules or regulations
38adopted by the board.

39(s) Performing or holding oneself out as being able to perform
40professional services beyond the scope of one’s competence, as
P19   1established by one’s education, training, or experience. This
2subdivision shall not be construed to expand the scope of the
3license authorized by this chapter.

4(t) Permitting a clinical counselor trainee or intern under one’s
5supervision or control to perform, or permitting the clinical
6counselor trainee or intern to hold himself or herself out as
7competent to perform, professional services beyond the clinical
8counselor trainee’s or intern’s level of education, training, or
9experience.

10(u) The violation of any statute or regulation of the standards
11of the profession, and the nature of the services being rendered,
12governing the gaining and supervision of experience required by
13this chapter.

14(v) Failure to keep records consistent with sound clinical
15judgment, the standards of the profession, and the nature of the
16services being rendered.

17(w) Failure to comply with the child abuse reporting
18requirements of Section 11166 of the Penal Code.

19(x) Failing to comply with the elder and dependent adult abuse
20reporting requirements of Section 15630 of the Welfare and
21Institutions Code.

22(y) Repeated acts of negligence.

23(z) (1) Engaging in an act described in Section 261, 286, 288a,
24or 289 of the Penal Code with a minor or an act described in
25Section 288 or 288.5 of the Penal Code regardless of whether the
26act occurred prior to or after the time the registration or license
27was issued by the board. An act described in this subdivision
28occurring prior to the effective date of this subdivision shall
29constitute unprofessional conduct and shall subject the licensee to
30refusal, suspension, or revocation of a license under this section.

31(2) The Legislature hereby finds and declares that protection of
32the public, and in particular minors, from sexual misconduct by a
33licensee is a compelling governmental interest, and that the ability
34to suspend or revoke a license for sexual conduct with a minor
35occurring prior to the effective date of this section is equally
36important to protecting the public as is the ability to refuse a license
37for sexual conduct with a minor occurring prior to the effective
38date of this section.

P20   1(aa) Engaging in any conduct that subverts or attempts to subvert
2any licensing examination or the administration of an examination
3as described in Section 123.

4(ab) Revocation, suspension, or restriction by the board of a
5license, certificate, or registration to practice as a professional
6clinical counselor, clinical social worker, educational psychologist,
7or marriage and family therapist.

8(ac) Willful violation of Chapter 1 (commencing with Section
9123100) of Part 1 of Division 106 of the Health and Safety Code.

end delete
10

begin deleteSEC. 9.end delete
11begin insertSEC. 2.end insert  

This act is an urgency statute necessary for the
12immediate preservation of the public peace, health, or safety within
13the meaning of Article IV of the Constitution and shall go into
14immediate effect. The facts constituting the necessity are:

15In order to protect the health and safety of the public due to a
16lack of access to health care providers in rural and urban medically
17underserved areas of California, the increasing strain on existing
18providers expected to occur with the implementation of the federal
19Patient Protection and Affordable Care Act, and the assistance that
20further implementation of telehealth can provide to help relieve
21these burdens, it is necessary for this act to take effect immediately.



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