Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2213

Introduced by Assembly Member Eggman

February 20, 2014

An act to amend Sections 4980.72, 4980.78, 4980.80, 4980.90, 4999.57, 4999.58, 4999.59, 4999.60, and 4999.62 of, and to add Sections 4980.79, 4980.81, and 4999.63 to, the Business and Professions Code, relating to behavioral health care licensees.

LEGISLATIVE COUNSEL’S DIGEST

AB 2213, as amended, Eggman. Behavioral health care licensees.

(1) Under existing law, the Board of Behavioral Sciences licenses and begin delete regulate end delete begin insert regulates end insert marriage and family therapists and licensed professional clinical counselors. Existing law requires an applicant for either license to complete specified numbers of hours of supervised experience, and requires an applicant to register with the board as a marriage and family therapist intern or a licensed professional clinical counselor intern, respectively, in order to be credited for postdegree hours of supervised experience gained toward licensure.

The board may issue a marriage and family therapist license to a person who holds a valid license in good standing issued by an out-of-state board of marriage counselor examiners, board of marriage and family therapists, or corresponding authority, who satisfies specified conditions applicable to a person applying on or after January 1, 2016. These conditions include that the applicant’s education is substantially equivalent to that required of in-state applicants. Under existing law, education is deemed substantially equivalent if specified coursework requirements and practicum requirements are satisfied. Under existing law an applicant is required to satisfy these requirements through graduate level coursework, and remediate any deficiencies in these requirements prior to registering with the board as an intern.

This bill would allow an out-of-state applicant to remediate specified coursework requirements through continuing education, and to remediate specified coursework while registered as an intern. The bill would specify hour or unit requirements for certain coursework requirements. The bill would allow an applicant to remediate the practicum requirements if the applicant holds a license as described above.

(2) Existing law requires a marriage and family therapist applicant who begin delete completes end delete begin insert begins end insert his or her degree on or after August 1, 2012, to complete 60 semester units or 90 quarter units of instruction.

This bill would allow those applicants to remediate up to 12 semester units or 18 quarter units while the applicant is registered as an intern.

(3) Existing law requires begin delete a end delete begin insert an out-of-state end insert marriage and family therapist applicant who begin delete obtained end delete begin insert began end insert his or her degree prior to August 1, 2012, to complete 60 semester or 90 quarter units of instruction.

This bill would allow those applicants to satisfy the degree requirement by completing 48 semester or 72 quarter units of instruction.

(4) Under existing law the board may issue professional clinical counselor license to a person who holds a valid license as a professional clinical counselor, or other counseling license that allows the applicant to independently provide clinical mental health services out of state who satisfies specified conditions applicable to a person applying on or after January 1, 2016. Those conditions include that the applicant’s education is substantially equivalent to that required of in-state applicants. Under existing law, education is deemed substantially equivalent if specified coursework requirements are satisfied. An applicant is required to satisfy these requirements through graduate level coursework, and remediate any deficiencies in these requirements prior to registering with the board as an intern.

This bill would allow an out-of-state applicant to remediate specified coursework requirements through continuing education, and to remediate specified coursework while registered as an intern. The bill would specify hour or unit requirements for certain coursework requirements. The bill would allow an applicant to remediate the practicum requirements if the applicant holds a license as described above.

(5) Existing law requires a professional clinical counselor applicant who begin delete completes end delete begin insert began end insert his or her degree on or after August 1, 2012, to complete 60 semester or 90 quarter units of instruction.

This bill would allow those applicants to remediate up to 12 semester units or 18 quarter units while the applicant is registered as an intern.

(6) Existing law requires an out-of-state professional clinical counselor applicant who begin delete obtained end delete begin insert began end insert his or her degree prior to August 1, 2012, to complete begin delete 48 end delete begin insert 60 end insert semester or begin delete 72 end delete begin insert 90 end insert quarter units of instruction.

This bill would require those out-of-state applicants to satisfy the degree requirement by completing begin delete 60 end delete begin insert 48 end insert semester or begin delete 90 end delete begin insert 72 end insert quarter units of begin delete instruction, and would allow those applicants to remediate up to 12 semester or 18 quarter units. end delete begin insert instruction. end insert

The bill would also make technical, nonsubstantive and conforming changes.

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 4980.79. 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. 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.
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, if the applicant’s degree meets the
practicum requirement described in subparagraph (C) of paragraph
(1) of subdivision (b) of Section 4980.79 without exemptions or
remediation.

(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 4980.78 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, and who do
not hold a license as described in Section 4980.72.

(b) For purposes of Section 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,
the following:

(A) (i) For an applicant who obtained his or her degree within
the timeline prescribed by subdivision (a) of Section 4980.36, the
degree shall contain no less than 60 semester or 90 quarter units
of instruction.

(ii) Up to 12 semester or 18 quarter units of instruction may be
remediated, if missing from the degree. The remediation may occur
while the applicant is registered as an intern.

(B) For an applicant who obtained his or her degree within the
timeline prescribed by subdivision (a) of Section 4980.37, the
degree shall contain no less than 48 semester units or 72 quarter
units of instruction.

(C) Six semester or nine quarter units of practicum, including,
but not limited to, a minimum of 150 hours of face-to-face
counseling, and an additional 75 hours of either face-to-face
counseling or client-centered advocacy, begin delete as specified in
subparagraph (B) of paragraph (1) of subdivision (d) of Section
4980.36 end delete begin insert or a combination of face-to-face counseling and
client-centered advocacy end insert .

(D) 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 shall complete coursework in California law
and ethics as follows:

(A) An applicant who completed a course in law and
professional ethics for marriage and family therapists as specified
in paragraph (7) of subdivision (a) of Section 4980.81, that did not
contain instruction in California law and ethics, shall complete 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. This coursework shall be completed prior
to registration as an intern.

(B) An applicant who has not completed a course in law and
professional ethics for marriage and family therapists as specified
in paragraph (7) of subdivision (a) of Section 4980.81 shall
complete this required coursework. The coursework shall contain
content specific to California law and ethics. This coursework shall
be completed prior to registration as an intern.

(3) The applicant completes the educational requirements
specified in Section 4980.81 not already completed in his or her
education. The coursework may be from an accredited school,
college, or university as specified in paragraph (1), from an
educational institution approved by the Bureau for Private
Postsecondary Education, or from a continuing education provider
that is acceptable to the board as defined in Section 4980.54. begin delete The
content of this coursework shall be of a graduate level. end delete
begin insert Undergraduate courses shall not satisfy this requirement. end insert

(4) The applicant completes the following coursework not
already completed in his or her education from an accredited
school, college, or university as specified in paragraph (1) from
an educational institution approved by the Bureau for Private
Postsecondary Education, or from a continuing education provider
that is acceptable to the board as defined in Section 4980.54. begin delete The
content of this coursework shall be of a graduate level. end delete begin insert end insert
begin insert Undergraduate courses shall not satisfy this requirement. end insert

(A) At least three semester units, or 45 hours, of instruction
regarding the principles of mental health recovery-oriented care
and methods of service delivery in recovery-oriented practice
environments, including structured meetings with various
consumers and family members of consumers of mental health
services to enhance understanding of their experience of mental
illness, treatment, and recovery.

(B) At least one semester unit, or 15 hours, of instruction that
includes an understanding of various California cultures and the
social and psychological implications of socioeconomic position.

(5) An applicant may complete any units and course content
requirements required under paragraphs (3) and (4) not already
completed in his or her education while registered as an intern,
unless otherwise specified.

(6) The applicant’s degree title need not be identical to that
required by subdivision (b) of Section 4980.36.

SEC. 3.  

Section 4980.79 is added to the Business and
Professions Code, to read:

4980.79.  

(a) This section applies to persons who apply for
licensure or registration on or after January 1, 2016, and who hold
a license as described in Section 4980.72.

(b) For purposes of Section 4980.72, 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,
the following:

(A)  begin insert (i) end insert begin insert   end insert For an applicant who obtained his or her degree within
the timeline prescribed by subdivision (a) of Section 4980.36, the
degree shall contain no less than 60 semester or 90 quarter units
of instruction.

begin delete

(i)

end delete

begin insert (ii) end insert  Up to 12 semester or 18 quarter units of instruction may be
remediated, if missing from the degree. The remediation may occur
while the applicant is registered as an intern.

begin delete

(ii)

end delete

begin insert (B) end insert  For an applicant who obtained his or her degree within the
timeline prescribed by subdivision (a) of Section 4980.37, the
degree shall contain no less than 48 semester or 72 quarter units
of instruction.

begin delete

(iii)

end delete

begin insert (C) end insert  Six semester or nine quarter units of practicum, including,
but not limited to, a minimum of 150 hours of face-to-face
counseling, and an additional 75 hours of either face-to-face
counseling or client-centered advocacy, begin delete as specified in
subparagraph (B) of paragraph (1) of subdivision (d) of Section
4980.36 end delete begin insert or a combination of face-to-face counseling and
client-centered advocacy end insert .

begin delete

(I)

end delete

begin insert (i) end insert  An out-of-state applicant who has been licensed for at least
two years in clinical practice, as verified by the board, is exempt
from this requirement.

begin delete

(II)

end delete

begin insert (ii) end insert  An out-of-state applicant who has been licensed for less
than two years in clinical practice, as verified by the board, who
does not meet the practicum requirement, shall remediate it by
obtaining 150 hours of face-to-face counseling, and an additional
75 hours of either face-to-face counseling or client-centered
advocacy, begin delete as specified in subparagraph (B) of paragraph (1) of
subdivision (d) of Section 4980.36 end delete begin insert or a combination of face-to-face
counseling and client-centered advocacy end insert . These hours are in
addition to the 3,000 hours of experience required by this chapter,
and shall be gained while registered as an intern.

begin delete

(B)

end delete

begin insert (D) end insert  Twelve semester or 18 quarter units in the begin delete subject end delete begin insert areas end insert 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) An applicant shall complete coursework in California law
and ethics as follows:

(A) An applicant who completed a course in law and
professional ethics for marriage and family therapists as specified
in paragraph (7) of subdivision (a) of Section 4980.81 that did not
include instruction in California law and ethics, shall complete 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. This coursework shall be completed prior
to registration as an intern.

(B) An applicant who has not completed a course in law and
professional ethics for marriage and family therapists as specified
in paragraph (7) of subdivision (a) of Section 4980.81 shall
complete this required coursework. The coursework shall include
content specific to California law and ethics. An applicant shall
complete this coursework begin insert prior to end insert registration as an intern.

(3) The applicant completes the educational requirements
specified in Section 4980.81 not already completed in his or her
education. The coursework may be from an accredited school,
college, or university as specified in paragraph (1), from an
educational institution approved by the Bureau for Private
Postsecondary Education, or from a continuing education provider
that is acceptable to the board as defined in Section 4980.54. begin delete The
content of this coursework shall be of a graduate level. end delete
begin insert Undergraduate coursework shall not satisfy this requirement. end insert

(4) The applicant completes the following coursework not
already completed in his or her education from an accredited
school, college, or university as specified in paragraph (1) above,
from an educational institution approved by the Bureau for Private
Postsecondary Education, or from a continuing education provider
that is acceptable to the board as defined in Section 4980.54. begin delete The
content of this coursework shall be of a graduate level. end delete
begin insert Undergraduate coursework shall not satisfy this requirement. end insert

(A) At least three semester units, or 45 hours, of instruction
pertaining to the principles of mental health recovery-oriented care
and methods of service delivery in recovery-oriented practice
environments, including structured meetings with various
consumers and family members of consumers of mental health
services to enhance understanding of their experience of mental
illness, treatment, and recovery.

(B) At least one semester unit, or 15 hours, of instruction that
includes an understanding of various California cultures and the
social and psychological implications of socioeconomic position.

(5) An applicant's degree title need not be identical to that
required by subdivision (b) of Section 4980.36.

(6) An applicant may complete any units and course content
requirements required under paragraphs (3) and (4) not already
completed in his or her education while registered as an intern,
unless otherwise specified.

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. If an 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.

(3) The person complies with Section 4980.76, if applicable.

(4) The person successfully completes the begin delete board administered end delete
begin insert board-administered end insert 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 4980.81 is added to the Business and
Professions Code, to read:

4980.81.  

This section applies to persons subject to Section
4980.78 or 4980.79, who apply for licensure or registration on or
after January 2016.

(a) For purposes of Sections 4980.78 and 4980.79, an applicant
shall meet all of the following educational requirements:

(1) A minimum of two semester units of instruction in the
diagnosis, assessment, prognosis, and treatment of mental
disorders, including severe mental disorders, evidence-based
practices, psychological testing, psychopharmacology, and
promising mental health practices that are evaluated in peer
reviewed literature. This shall include at least one semester unit
or 15 hours of instruction in psychological testing and at least one
semester unit or 15 hours of instruction in psychopharmacology.

(2) (A) Developmental issues from infancy to old age, including
demonstration of at least one semester unit, or 15 hours, of
instruction that includes all of the following subjects:

(i) The effects of developmental issues on individuals, couples,
and family relationships.

(ii) The psychological, psychotherapeutic, and health
implications of developmental issues and their effects.

(iii) The understanding of the impact that personal and social
insecurity, social stress, low educational levels, inadequate housing,
and malnutrition have on human development.

(B) An applicant who is deficient in any of these subjects may
remediate the coursework by completing three hours of instruction
in each deficient subject.

(3) (A) The broad range of matters and life events that may
arise within marriage and family relationships and within a variety
of California cultures, including instruction in all of the following:

(i) 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 under that section.

(ii) A minimum of 10 contact hours of coursework that includes
all of the following:

(I) The assessment and reporting of, as well as treatment related
to, elder and dependent adult abuse and neglect.

(II) Aging and its biological, social, cognitive, and psychological
aspects.

(III) Long-term care.

(IV) End-of-life and grief.

(iii) A minimum of 15 contact hours of coursework in spousal
or partner abuse assessment, detection, intervention strategies, and
begin delete same gender end delete begin insert same-gender end insert abuse dynamics.

(iv) Cultural factors relevant to abuse of partners and family
members.

(v) Childbirth, child rearing, parenting, and stepparenting.

(vi) Marriage, divorce, and blended families.

(vii) Poverty and deprivation.

(viii) Financial and social stress.

(ix) Effects of trauma.

(x) The psychological, psychotherapeutic, community, and
health implications of the matters and life events described in
clauses (i) to (ix), inclusive.

(4) At least one semester unit, or 15 hours, of instruction in
multicultural development and cross-cultural interaction, including
experiences of race, ethnicity, class, spirituality, sexual orientation,
gender, and disability, and their incorporation into the
psychotherapeutic process.

(5) A minimum of 10 contact hours of training or coursework
in human sexuality, as specified in Section 25 and any regulations
promulgated under that section, including the study of
physiological, psychological, and social cultural variables
associated with sexual behavior and gender identity, and the
assessment and treatment of psychosexual dysfunction.

(6) A minimum of 15 contact hours of coursework in substance
use disorders, and a minimum of 15 contact hours of coursework
in cooccurring disorders and addiction. The following subjects
shall be included in this coursework:

(A) The definition of substance use disorders, cooccurring
disorders, and addiction. For purposes of this subparagraph
“cooccurring disorders” means a mental illness and substance
abuse diagnosis occurring simultaneously in an individual.

(B) Medical aspects of substance use disorders and cooccurring
disorders.

(C) The effects of psychoactive drug use.

(D) Current theories of the etiology of substance abuse and
addiction.

(E) The role of persons and systems that support or compound
substance abuse and addiction.

(F) Major approaches to identification, evaluation, and treatment
of substance use disorders, cooccurring disorders, and addiction,
including, but not limited to, best practices.

(G) Legal aspects of substance abuse.

(H) Populations at risk with regard to substance use disorders
and cooccurring disorders.

(I) Community resources offering screening, assessment,
treatment, and followup for the affected person and family.

(J) Recognition of substance use disorders, cooccurring
disorders, and addiction, and appropriate referral.

(K) The prevention of substance use disorders and addiction.

(7) A minimum of a two semester or three quarter unit course
in law and professional ethics for marriage and family therapists,
including instruction in all of the following subjects:

(A) Contemporary professional ethics and statutory, regulatory,
and decisional laws that delineate the scope of practice of marriage
and family therapy.

(B) The therapeutic, clinical, and practical considerations
involved in the legal and ethical practice of marriage and family
therapy, including, but not limited to, family law.

(C) The current legal patterns and trends in the mental health
professions.

(D) The psychotherapist-patient privilege, confidentiality, the
patient dangerous to self or others, and the treatment of minors
with and without parental consent.

(E) A recognition and exploration of the relationship between
a practitioner’s sense of self and human values and his or her
professional behavior and ethics.

(F) Differences in legal and ethical standards for different types
of work settings.

(G) Licensing law and licensing process.

SEC. 6.  

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. 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.

(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. 7.  

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) (1) 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.

(2) An applicant who completed a course that meets the
requirements of subparagraph (I) of paragraph (1) of subdivision
(c) of Section 4999.32, and that included instruction in California
law and ethics, is exempt from taking the 18-hour course specified
in paragraph (6) of subdivision (e) of Section 4999.32.

(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. 8.  

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. If the applicant has
less than 3,000 hours of qualifying supervised experience, time
actively licensed as a licensed professional clinical counselor shall
be accepted at a rate of 100 hours per month up to a maximum of
1,200 hours.

(d) (1) 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.

(2) An applicant who completed a course that meets the
requirements of subparagraph begin delete (A) end delete begin insert (I) end insert of paragraph (1) of
subdivision (c) of Section 4999.32, and that included instruction
in California law and ethics, is exempt from taking the 18-hour
course specified in paragraph (6) of subdivision (e) of Section
4999.32.

(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. 9.  

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. If the applicant has less than 3,000 hours of qualifying
supervised experience, time actively licensed as a licensed
professional clinical counselor shall be accepted at a rate of 100
hours per month up to a maximum of 1,200 hours.

(c) (1) 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.

(2) An applicant who completed a course that meets the
requirements of subparagraph (I) of paragraph (1) of subdivision
(c) of Section 4999.32, and that included instruction in California
law and ethics, is exempt from taking the 18-hour course specified
in paragraph (6) of subdivision (e) of Section 4999.32.

(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. 10.  

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 4999.63.

(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. 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.
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 if the applicant’s degree meets the
practicum requirement described in subparagraph (C) of paragraph
(1) of subdivision (b) of Section 4999.63 without exemptions or
remediation.

(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. 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,
and who do not hold a license as described in Section 4999.60.

(b) For purposes of Section 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, the following:

(A) (i) For an applicant who obtained his or her degree within
the timeline prescribed by subdivision (a) of Section 4999.33 the
degree shall contain no less than 60 graduate semester or 90
graduate quarter units of instruction.

(ii) Up to 12 semester or 18 quarter units of instruction may be
remediated, if missing from the degree. The remediation may occur
while the applicant is registered as an intern.

(B) For an applicant who obtained his or her degree within the
timeline prescribed by subdivision (a) of Section 4999.32 the
degree shall contain no less than 48 graduate semester or 72
graduate quarter units of instruction.

(C) Six semester or nine quarter units of practicum, including,
but not limited to, a minimum of 280 hours of face-to-face
counseling.

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

(i) An applicant whose degree is deficient in begin delete any end delete begin insert no more than
six end insert of the required begin delete subjects end delete begin insert areas of study end insert listed in subparagraphs
(A) to (M), inclusive, of paragraph (1) of subdivision (c) may
satisfy those deficiencies by successfully completing graduate
level coursework at an accredited or approved institution, as
defined in Section 4999.12. Coursework taken to meet those
deficiencies shall be the equivalent of three semester units or four
and one-half quarter units of study.

(ii) An applicant who completed a course in professional
orientation, ethics, and law in counseling as required by
subparagraph (I) of paragraph (1) of subdivision (c) of Section
4999.33 that did not contain instruction in California law and ethics
shall complete 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. An applicant shall
complete this coursework prior to registration as an intern.

(iii) An applicant who has not completed a course in professional
orientation, ethics, and law in counseling as required by
subparagraph (I) of paragraph (1) of subdivision (c) of Section
4999.33 shall complete this required coursework, including content
in California law and ethics. An applicant shall complete this
coursework prior to registration as an intern.

(2) The applicant completes any units required by subdivision
(c) of Section 4999.33 not already completed in his or her education
as follows:

(A) At least 15 semester units or 22.5 quarter units of advanced
coursework to develop knowledge of specific treatment issues or
special populations. This coursework is in addition to the course
requirements described in subparagraph (D) of paragraph (1).

(B) Coursework shall be from an accredited or approved school,
college, or university as defined in Section 4999.12.

(3) (A) The applicant completes the following coursework not
already completed in his or her education:

(i) A minimum of 10 contact hours of training in human
sexuality, as specified in Section 25 and any regulations
promulgated thereunder, including the study of the physiological,
psychological, and social cultural variables associated with sexual
behavior, gender identity, and the assessment and treatment of
psychosexual dysfunction.

(ii) A minimum of 15 contact hours of instruction in spousal or
partner abuse assessment, detection, intervention strategies, and
same-gender abuse dynamics.

(iii) 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.

(iv) A minimum of 10 contact hours of instruction in aging and
long-term care, including biological, social, cognitive, and
psychological aspects of aging. This coursework shall include
instruction on the assessment and reporting of, as well as treatment
related to, elder and dependent adult abuse and neglect.

(B) This coursework may be from an accredited or approved
school, college, or university as defined in Section 4999.12, or
from a continuing education provider that is acceptable to the board
as defined in Section 4999.76. begin delete The content of this coursework shall
be of a graduate level. end delete begin insert Undergraduate coursework shall not satisfy
this requirement. end insert

(4) The applicant completes the following coursework not
already completed in his or her education from an accredited or
approved school, college, or university as defined in Section
4999.12, or from a continuing education provider that is acceptable
to the board as defined in Section 4999.76. begin delete The content of this
coursework shall be of a graduate level. end delete begin insert Undergraduate coursework
shall not satisfy this requirement. end insert

(A) At least three semester units, or 45 hours, of instruction
regarding the principles of mental health recovery-oriented care
and methods of service delivery in recovery-oriented practice
environments, including structured meetings with various
consumers and family members of consumers of mental health
services to enhance understanding of their experiences of mental
illness, treatment, and recovery.

(B) At least one semester unit, or 15 hours, of instruction that
includes an understanding of various California cultures and the
social and psychological implications of socioeconomic position.

(5) An applicant may complete any units and course content
requirements required under paragraphs (2), (3), or (4) not already
completed in his or her education while registered with the board
as an intern.

SEC. 12.  

Section 4999.63 is added to the Business and
Professions Code, to read:

4999.63.  

(a) This section applies to persons who apply for
examination eligibility or registration on or after January 1, 2016,
and who hold a license as described in Section 4999.60.

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

(1) The degree begin delete was end delete begin insert is end insert obtained from an accredited or approved
institution, as defined in Section 4999.12, and consists of the
following:

(A) (i) For an applicant who obtained his or her degree within
the timeline prescribed by subdivision (a) of Section 4999.33 the
degree shall contain no less than 60 graduate semester or 90
graduate quarter units of instruction.

(ii) Up to 12 semester or 18 quarter units of instruction may be
remediated, if missing from the degree. The remediation may occur
while the applicant is registered as an intern.

(B) For an applicant who obtained his or her degree within the
timeline prescribed by subdivision (a) of Section 4999.32 the
degree shall contain no less than 48 graduate semester or 72
graduate quarter units of instruction.

(C) Six semester or nine quarter units of practicum, including,
but not limited to, a minimum of 280 hours of face-to-face
counseling.

(i) An applicant who has been licensed for at least two years in
clinical practice, as verified by the board, is exempt from this
requirement.

(ii) An out-of-state applicant who has been licensed for less
than two years in clinical practice, as verified by the board, who
does not meet the practicum requirement, shall remediate the
requirement by demonstrating completion of a total of 280 hours
of face-to face counseling, as specified in subparagraph (K) of
paragraph (3) of subdivision (c) of Section 4999.33. Any
postdegree hours gained to meet this requirement are in addition
to the 3,000 hours of experience required by this chapter, and shall
be gained while the applicant is registered with the board as an
intern.

(D) The required begin delete subjects end delete begin insert areas of study end insert specified in
subparagraphs (A) to (M), inclusive, of paragraph (1) of
subdivision (c) of Section 4999.33.

(i) An applicant whose degree is deficient in begin delete any end delete begin insert no more than
six end insert of the required begin delete subjects end delete begin insert areas of study end insert specified in
subparagraphs (A) to (M), inclusive, of paragraph (1) of
subdivision (c) may satisfy those deficiencies by successfully
completing graduate level coursework at an accredited or approved
institution, as defined in Section 4999.12. Coursework taken to
meet those deficiencies shall be the equivalent of three semester
units or four and one-half quarter units of study.

(ii) An applicant who completed a course in professional
orientation, ethics, and law in counseling as required by
subparagraph (I) of paragraph (1) of subdivision (c) of Section
4999.33 that did not contain instruction in California law and ethics
shall complete 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. An applicant shall
complete this coursework prior to registration as an intern.

(iii) An applicant who has not completed a course in professional
orientation, ethics begin insert , end insert and law in counseling as required by
subparagraph (I) of paragraph (1) of subdivision (c) of Section
4999.33 shall complete this required coursework, including content
in California law and ethics. An applicant shall complete this
coursework prior to registration as an intern.

(2) The applicant completes any units required under subdivision
(c) of Section 4999.33 not already completed in his or her education
as follows:

(A) At least 15 semester units or 22.5 quarter units of advanced
coursework to develop knowledge of specific treatment issues or
special populations. This coursework is in addition to the course
requirements described in subparagraph (D) of paragraph (1).

(B) Coursework shall be from an accredited or approved school,
college, or university as defined in Section 4999.12.

(3) The applicant completes the following coursework not
already completed in his or her education:

(A) A minimum of 10 contact hours of training in human
sexuality, as specified in Section 25 and any regulations
promulgated thereunder, including the study of the physiological,
psychological, and social cultural variables associated with sexual
behavior, gender identity, and the assessment and treatment of
psychosexual dysfunction.

(B) A minimum of 15 contact hours of instruction in spousal
or partner abuse assessment, detection, intervention strategies, and
same-gender abuse dynamics.

(C) 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 under that section.

(D) A minimum of 10 contact hours of instruction in aging and
long-term care, including biological, social, cognitive, and
psychological aspects of aging. This coursework shall include
instruction on the assessment and reporting of, as well as treatment
related to, elder and dependent adult abuse and neglect.

(E) This coursework may be from an accredited or approved
school, college, or university as defined in Section 4999.12, or
from a continuing education provider that is acceptable to the board
as defined in Section 4999.76. begin delete The content of this coursework shall
be of a graduate level. end delete begin insert Undergraduate coursework shall not satisfy
this requirement. end insert

(4) The applicant completes the following coursework not
already completed in his or her education from an accredited or
approved school, college, or university as defined in Section
4999.12, or from a continuing education provider that is acceptable
to the board as defined in Section 4999.76. begin delete The content of this
coursework shall be of a graduate level. end delete begin insert Undergraduate coursework
shall not satisfy this requirement. end insert

(A) At least three semester units or 45 hours of instruction
regarding the principles of mental health recovery-oriented care
and methods of service delivery in recovery-oriented practice
environments, including structured meetings with various
consumers and family members of consumers of mental health
services to enhance understanding of their experience of mental
illness, treatment, and recovery.

(B) At least one semester unit or 15 hours of instruction that
includes an understanding of various California cultures and the
social and psychological implications of socioeconomic position.

(5) An applicant may complete any units and course content
requirements required by subparagraph (D) of paragraph (1) or
paragraphs (2), (3), and (4) not already completed in his or her
education while registered with the board as an intern, unless
otherwise specified.