Amended in Assembly June 27, 2013

Amended in Assembly June 19, 2013

Amended in Assembly June 14, 2013

Amended in Senate April 23, 2013

Senate BillNo. 821


Introduced by Committee on Business, Professions and Economic Development (Senators Lieu (Chair), Block, Corbett, Emmerson, Galgiani, Hernandez, Hill, Padilla, Wyland, and Yee)

March 20, 2013


An act to amend Sections 1613, 1915, 1926.2, 3024, 3025, 3040, 3041.2, 3051, 3057.5, 3077, 3093, 3098, 3103, 3106, 3107, 3109, 3163, 4053, 4107, 4980.36, 4980.397, 4980.398, 4980.399, 4980.40, 4980.43, 4980.50, 4980.72, 4984.01, 4984.7, 4984.72, 4989.68, 4992.05, 4992.07, 4992.09, 4992.1, 4996.1, 4996.3, 4996.4, 4996.9, 4996.17, 4996.18,begin delete 4996.23,end delete 4996.28, 4999.20, 4999.33, 4999.45, 4999.46, 4999.47, 4999.50, 4999.52, 4999.53, 4999.55, 4999.60, 4999.64, and 4999.100 of, and to add Section 4021.5 to, the Business and Professions Code, and to amend Section 14132 of the Welfare and Institutions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

SB 821, as amended, Committee on Business, Professions and Economic Development. Healing arts.

(1) Existing law, the Dental Practice Act, establishes the Dental Board of California, which was formerly known as the Board of Dental Examiners of California. Existing law requires the board to have and use a seal bearing its name. Existing law creates, within the jurisdiction of the board, a Dental Hygiene Committee of California, that is responsible for regulation of registered dental hygienists, registered dental hygienists in alternative practice, and registered dental hygienists in extended functions.

This bill would amend those provisions to remove an obsolete reference to the former board and to make other technical changes.

(2) Existing law, the Optometry Practice Act, provides for the licensure and regulation of optometrists by the State Board of Optometry. That act refers to the authorization to practice optometry issued by the board as a certificate of registration.

This bill would instead refer to that authorization issued by the board as an optometrist license and would make other technical and conforming changes.

(3) Existing law, the Pharmacy Law, governs the business and practice of pharmacy in this state and establishes the California State Board of Pharmacy. Existing law prohibits the board from issuing more than one site license to a single premises except to issue a veterinary food-animal drug retailer license to a wholesaler or to issue a license for compound sterile injectable drugs to a pharmacy.

This bill would additionally authorize the board to issue more than one site license to a single premises to issue a centralized hospital packaging license. The bill would also establish a definition for the term “correctional pharmacy.”

Existing law authorizes the board to issue a license as a designated representative to provide supervision in a wholesaler or veterinary food-animal drug retailer. Existing law requires an individual to meet specified requirements to obtain and maintain a designated representative license, including a minimum of one year of paid work experience related to the distribution or dispensing of dangerous drugs or devices or meet certain prerequisites.

The bill would require the one year of paid work experience to obtain a designated representative license to be in a licensed pharmacy, or with a drug wholesaler, drug distributor, or drug manufacturer. The bill would also make related, technical changes.

(4) Existing law provides for the licensure and regulation of marriage and family therapists, licensed educational psychologists, licensed clinical social workers, and licensed professional clinical counselors by the Board of Behavioral Sciences. Existing law makes various changes to the licensing and associated eligibility and examination requirements for marriage and family therapists, licensed clinical social workers, and licensed professional clinical counselors, effective January 1, 2014.

This bill would delay the implementation of these and other related changes until January 1, 2016.

Existing law requires all persons applying for marriage and family therapistbegin delete, licensed clinical social worker,end delete or licensed professional clinical counselor licensure examinations to have specified hours of experience,begin delete notend delete including experience gained bybegin delete interns or trainees as independent contractors.end deletebegin insert an intern or trainee as an employee or volunteer.end insert

This bill would specify that experience shallbegin delete notend delete be gained bybegin delete interns or trainees or associates for work performed as an independent contractor or reported on an IRS Form 1099.end deletebegin insert an intern or trainee only as an employee or volunteer.end insert

Existing law also authorizes the board to 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 certain conditions are met, considering hours of experience obtained outside of California during the 6-year period immediately preceding the date the applicant initially obtained the license.

This bill would instead require time actively licensed as a marriage and family therapist to be accepted at a rate of 100 hours per month up to a maximum of 1,200 hours if the applicant has fewer than 3,000 hours of qualifying supervised experience.

Existing law establishes a $75 delinquent renewal fee for a licensed educational psychologist and for licensed clinical social workers.

This bill would instead specify that $75 is the maximum delinquent renewal fee.

Existing law requires an applicant for registration as an associate clinical social worker to meet specified requirements. Existing law also defines the application of social work principles and methods.

This bill would additionally require that all applicants and registrants be at all times under the supervision of a supervisor responsible for ensuring that the extent, kind, and quality of counseling performed is consistent with the training and experience of the person being supervised, and who is responsible to the board for compliance with all laws, rules, and regulations governing the practice of clinical social work. The bill would also specify that the practice of clinical social work includes the use, application, and integration of the coursework and experience required.

Existing law requires a licensed professional clinical counselor, to qualify for a clinical examination for licensure, to complete clinical mental health experience, as specified, including not more than 250 hours of experience providing counseling or crisis counseling on the telephone.

This bill instead would require not more than 375 hours of experience providing personal psychotherapy, crisis counseling, or other counseling services via telehealth.

(5) The bill would also make other technical, nonsubstantive changes.

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

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

P4    1

SECTION 1.  

Section 1613 of the Business and Professions
2Code
is amended to read:

3

1613.  

The board shall have and use a seal bearing the name
4“Dental Board of California.”

5

SEC. 2.  

Section 1915 of the Business and Professions Code is
6amended to read:

7

1915.  

No person other than a registered dental hygienist,
8registered dental hygienist in alternative practice, or registered
9dental hygienist in extended functions or a licensed dentist may
10engage in the practice of dental hygiene or perform dental hygiene
11procedures on patients, including, but not limited to, supragingival
12and subgingival scaling, dental hygiene assessment, and treatment
13planning, except for the following persons:

14(a) A student enrolled in a dental or a dental hygiene school
15who is performing procedures as part of the regular curriculum of
16that program under the supervision of the faculty of that program.

17(b) A dental assistant acting in accordance with the rules of the
18dental board in performing the following procedures:

19(1) Applying nonaerosol and noncaustic topical agents.

20(2) Applying topical fluoride.

21(3) Taking impressions for bleaching trays.

22(c) A registered dental assistant acting in accordance with the
23rules of the dental board in performing the following procedures:

24(1) Polishing the coronal surfaces of teeth.

P5    1(2) Applying bleaching agents.

2(3) Activating bleaching agents with a nonlaser light-curing
3device.

4(4) Applying pit and fissure sealants.

5(d) A registered dental assistant in extended functions acting in
6accordance with the rules of the dental board in applying pit and
7fissure sealants.

8(e) A registered dental hygienist, registered dental hygienist in
9alternative practice, or registered dental hygienist in extended
10functions licensed in another jurisdiction, performing a clinical
11demonstration for educational purposes.

12

SEC. 3.  

Section 1926.2 of the Business and Professions Code
13 is amended to read:

14

1926.2.  

(a) Notwithstanding any other provision of law, a
15registered dental hygienist in alternative practice may operate one
16mobile dental hygiene clinic registered as a dental hygiene office
17or facility. The owner or operator of the mobile dental hygiene
18clinic or unit shall be registered and operated in accordance with
19regulations established by the committee, which regulations shall
20not be designed to prevent or lessen competition in service areas,
21and shall pay the fees described in Section 1944.

22(b) A mobile service unit, as defined in subdivision (b) of
23Section 1765.105 of the Health and Safety Code, and a mobile
24unit operated by an entity that is exempt from licensure pursuant
25to subdivision (b), (c), or (h) of Section 1206 of the Health and
26Safety Code, are exempt from this article. Notwithstanding this
27exemption, the owner or operator of the mobile unit shall notify
28the committee within 60 days of the date on which dental hygiene
29services are first delivered in the mobile unit, or the date on which
30the mobile unit’s application pursuant to Section 1765.130 of the
31Health and Safety Code is approved, whichever is earlier.

32(c) A licensee practicing in a mobile unit described in
33subdivision (b) is not subject to subdivision (a) as to that mobile
34unit.

35

SEC. 4.  

Section 3024 of the Business and Professions Code is
36amended to read:

37

3024.  

The board may grant or refuse to grant an optometrist
38license as provided in this chapter and may revoke or suspend the
39license of any optometrist for any of the causes specified in this
40chapter.

P6    1It shall have the power to administer oaths and to take testimony
2in the exercise of these functions.

3

SEC. 5.  

Section 3025 of the Business and Professions Code is
4amended to read:

5

3025.  

The board may make and promulgate rules and
6regulations governing procedure of the board, the admission of
7applicants for examination for a license as an optometrist, and the
8practice of optometry. All of those rules and regulations shall be
9in accordance with and not inconsistent with the provisions of this
10chapter. The rules and regulations shall be adopted, amended, or
11repealed in accordance with the provisions of the Administrative
12Procedure Act.

13

SEC. 6.  

Section 3040 of the Business and Professions Code is
14amended to read:

15

3040.  

It is unlawful for a person to engage in the practice of
16optometry or to display a sign or in any other way to advertise or
17hold himself or herself out as an optometrist without having first
18obtained an optometrist license from the board under the provisions
19of this chapter or under the provisions of any former act relating
20to the practice of optometry. The practice of optometry includes
21the performing or controlling of any acts set forth in Section 3041.

22In any prosecution for a violation of this section, the use of test
23cards, test lenses, or of trial frames is prima facie evidence of the
24practice of optometry.

25

SEC. 7.  

Section 3041.2 of the Business and Professions Code
26 is amended to read:

27

3041.2.  

(a) The State Board of Optometry shall, by regulation,
28establish educational and examination requirements for licensure
29to ensure the competence of optometrists to practice pursuant to
30subdivision (a) of Section 3041. Satisfactory completion of the
31educational and examination requirements shall be a condition for
32the issuance of an original optometrist license under this chapter,
33on and after January 1, 1980. Only those optometrists who have
34successfully completed educational and examination requirements
35as determined by the State Board of Optometry shall be permitted
36the use of pharmaceutical agents specified by subdivision (a) of
37Section 3041.

38(b) Nothing in this section shall authorize an optometrist issued
39an original optometrist license under this chapter before January
401, 1996, to use or prescribe therapeutic pharmaceutical agents
P7    1specified in subdivision (d) of Section 3041 without otherwise
2meeting the requirements of Section 3041.3.

3

SEC. 8.  

Section 3051 of the Business and Professions Code is
4amended to read:

5

3051.  

All applicants for examination for an optometrist license
6in accordance with the educational and examination requirements
7adopted pursuant to Section 3023.1 shall show the board by
8satisfactory evidence that he or she has received education in child
9abuse detection and the detection of alcoholism and other chemical
10substance dependency. This section shall apply only to applicants
11who matriculate in a school of optometry on or after September
121, 1997.

13

SEC. 9.  

Section 3057.5 of the Business and Professions Code
14 is amended to read:

15

3057.5.  

Notwithstanding any other provision of this chapter,
16the board shall permit a graduate of a foreign university who meets
17all of the following requirements to take the examinations for an
18optometrist license:

19(a) Is over 18 years of age.

20(b) Is not subject to denial of a license under Section 480.

21(c) Has a degree as a doctor of optometry issued by a university
22located outside of the United States.

23

SEC. 10.  

Section 3077 of the Business and Professions Code
24 is amended to read:

25

3077.  

As used in this section, “office” means any office or
26other place for the practice of optometry.

27(a) No person, singly or in combination with others, may have
28an office unless he or she is licensed to practice optometry under
29this chapter.

30(b) An optometrist, or two or more optometrists jointly, may
31have one office without obtaining a branch office license from the
32board.

33(c) On and after October 1, 1959, no optometrist, and no two
34or more optometrists jointly, may have more than one office unless
35he or she or they comply with the provisions of this chapter as to
36an additional office. The additional office, for the purposes of this
37chapter, constitutes a branch office.

38(d) Any optometrist who has, or any two or more optometrists,
39jointly, who have, a branch office prior to January 1, 1957, and
40who desire to continue the branch office on or after that date shall
P8    1notify the board in writing of that desire in a manner prescribed
2by the board.

3(e) On and after January 1, 1957, any optometrist, or any two
4or more optometrists, jointly, who desire to open a branch office
5shall notify the board in writing in a manner prescribed by the
6board.

7(f) On and after January 1, 1957, no branch office may be
8opened or operated without a branch office license. Branch office
9licenses shall be valid for the calendar year in or for which they
10are issued and shall be renewable on January 1 of each year
11thereafter. Branch office licenses shall be issued or renewed only
12upon the payment of the fee therefor prescribed by this chapter.

13On or after October 1, 1959, no more than one branch office
14license shall be issued to any optometrist or to any two or more
15optometrists, jointly.

16(g) Any failure to comply with the provisions of this chapter
17relating to branch offices or branch office licenses as to any branch
18office shall work the suspension of the optometrist license of each
19optometrist who, individually or with others, has a branch office.
20An optometrist license so suspended shall not be restored except
21upon compliance with those provisions and the payment of the fee
22prescribed by this chapter for restoration of a license after
23suspension for failure to comply with the provisions of this chapter
24relating to branch offices.

25(h) The holder or holders of a branch office license shall pay
26the annual renewal fee therefor in the amount required by this
27chapter between the first day of January and the first day of
28February of each year. The failure to pay the fee in advance on or
29before February 1 of each year during the time it is in force shall
30ipso facto work the suspension of the branch office license. The
31license shall not be restored except upon written application and
32the payment of the penalty prescribed by this chapter, and, in
33addition, all delinquent branch office fees.

34(i) Nothing in this chapter shall limit or authorize the board to
35limit the number of branch offices that are in operation on October
361, 1959, and that conform to this chapter, nor prevent an
37optometrist from acquiring any branch office or offices of his or
38her parent. The sale after October 1, 1959, of any branch office
39shall terminate the privilege of operating the branch office, and
40no new branch office license shall be issued in place of the license
P9    1issued for the branch office, unless the branch office is the only
2one operated by the optometrist or by two or more optometrists
3jointly.

4Nothing in this chapter shall prevent an optometrist from owning,
5maintaining, or operating more than one branch office if he or she
6is in personal attendance at each of his or her offices 50 percent
7of the time during which the office is open for the practice of
8optometry.

9(j) The board shall have the power to adopt, amend, and repeal
10rules and regulations to carry out the provisions of this section.

11(k) Notwithstanding any other provision of this section, neither
12an optometrist nor an individual practice association shall be
13deemed to have an additional office solely by reason of the
14optometrist’s participation in an individual practice association or
15the individual practice association’s creation or operation. As used
16in this subdivision, the term “individual practice association” means
17an entity that meets all of the following requirements:

18(1) Complies with the definition of an optometric corporation
19in Section 3160.

20(2) Operates primarily for the purpose of securing contracts
21with health care service plans or other third-party payers that make
22available eye/vision services to enrollees or subscribers through a
23panel of optometrists.

24(3) Contracts with optometrists to serve on the panel of
25optometrists, but does not obtain an ownership interest in, or
26otherwise exercise control over, the respective optometric practices
27of those optometrists on the panel.

28Nothing in this subdivision shall be construed to exempt an
29optometrist who is a member of an individual practice association
30and who practices optometry in more than one physical location,
31from the requirement of obtaining a branch office license for each
32of those locations, as required by this section. However, an
33optometrist shall not be required to obtain a branch office license
34solely as a result of his or her participation in an individual practice
35association in which the members of the individual practice
36association practice optometry in a number of different locations,
37and each optometrist is listed as a member of that individual
38practice association.

39

SEC. 11.  

Section 3093 of the Business and Professions Code
40 is amended to read:

P10   1

3093.  

Before setting aside the revocation or suspension of any
2optometrist license, the board may require the applicant to pass
3the regular examination given for applicants for an optometrist
4license.

5

SEC. 12.  

Section 3098 of the Business and Professions Code
6 is amended to read:

7

3098.  

When the holder uses the title of “Doctor” or “Dr.” as a
8prefix to his or her name, without using the word “optometrist” as
9a suffix to his or her name or in connection with it, or, without
10holding a diploma from an accredited school of optometry, the
11letters “Opt. D.” or “O.D.” as a suffix to his or her name, it
12constitutes a cause to revoke or suspend his or her optometrist
13license.

14

SEC. 13.  

Section 3103 of the Business and Professions Code
15 is amended to read:

16

3103.  

It is unlawful to include in any advertisement relating
17to the sale or disposition of goggles, sunglasses, colored glasses,
18or occupational eye-protective devices, any words or figures that
19advertise or have a tendency to advertise the practice of optometry.

20This section does not prohibit the advertising of the practice of
21optometry by a licensed optometrist in the manner permitted by
22law.

23

SEC. 14.  

Section 3106 of the Business and Professions Code
24 is amended to read:

25

3106.  

Knowingly making or signing any license, certificate,
26or other document directly or indirectly related to the practice of
27optometry that falsely represents the existence or nonexistence of
28a state of facts constitutes unprofessional conduct.

29

SEC. 15.  

Section 3107 of the Business and Professions Code
30 is amended to read:

31

3107.  

It is unlawful to use or attempt to use any license or
32certificate issued by the board that has been purchased, fraudulently
33issued, counterfeited, or issued by mistake, as a valid license or
34certificate.

35

SEC. 16.  

Section 3109 of the Business and Professions Code
36 is amended to read:

37

3109.  

Directly or indirectly accepting employment to practice
38optometry from any person not having a valid, unrevoked license
39as an optometrist or from any company or corporation constitutes
40unprofessional conduct. Except as provided in this chapter, no
P11   1optometrist may, singly or jointly with others, be incorporated or
2become incorporated when the purpose or a purpose of the
3corporation is to practice optometry or to conduct the practice of
4optometry.

5The terms “accepting employment to practice optometry” as
6used in this section shall not be construed so as to prevent a
7licensed optometrist from practicing optometry upon an individual
8patient.

9Notwithstanding the provisions of this section or the provisions
10of any other law, a licensed optometrist may be employed to
11practice optometry by a physician and surgeon who holds a license
12under this division and who practices in the specialty of
13ophthalmology or by a health care service plan pursuant to the
14provisions of Chapter 2.2 (commencing with Section 1340) of
15Division 2 of the Health and Safety Code.

16

SEC. 17.  

Section 3163 of the Business and Professions Code
17 is amended to read:

18

3163.  

Except as provided in Section 3078, the name of an
19optometric corporation and any name or names under which it
20may be rendering professional services shall contain and be
21restricted to the name or the last name of one or more of the
22present, prospective, or former shareholders and shall include the
23words optometric corporation or wording or abbreviations denoting
24corporate existence, provided that the articles of incorporation
25shall be amended to delete the name of a former shareholder from
26the name of the corporation within two years from the date the
27former shareholder dies or otherwise ceases to be a shareholder.

28

SEC. 18.  

Section 4021.5 is added to the Business and
29Professions Code
, to read:

30

4021.5.  

“Correctional pharmacy” means a pharmacy, licensed
31by the board, located within a state correctional facility for the
32purpose of providing pharmaceutical care to inmates of the state
33correctional facility.

34

SEC. 19.  

Section 4053 of the Business and Professions Code
35 is amended to read:

36

4053.  

(a) Notwithstanding Section 4051, the board may issue
37a license as a designated representative to provide sufficient and
38qualified supervision in a wholesaler or veterinary food-animal
39drug retailer. The designated representative shall protect the public
40health and safety in the handling, storage, and shipment of
P12   1dangerous drugs and dangerous devices in the wholesaler or
2veterinary food-animal drug retailer.

3(b) An individual may apply for a designated representative
4license. In order to obtain and maintain that license, the individual
5shall meet all of the following requirements:

6(1) He or she shall be a high school graduate or possess a general
7education development certificate equivalent.

8(2) He or she shall have a minimum of one year of paid work
9experience in a licensed pharmacy, or with a drug wholesaler, drug
10distributor, or drug manufacturer, in the past three years, related
11to the distribution or dispensing of dangerous drugs or dangerous
12devices or meet all of the prerequisites to take the examination
13required for licensure as a pharmacist by the board.

14(3) He or she shall complete a training program approved by
15the board that, at a minimum, addresses each of the following
16subjects:

17(A) Knowledge and understanding of California law and federal
18law relating to the distribution of dangerous drugs and dangerous
19devices.

20(B) Knowledge and understanding of California law and federal
21law relating to the distribution of controlled substances.

22(C) Knowledge and understanding of quality control systems.

23(D) Knowledge and understanding of the United States
24Pharmacopoeia standards relating to the safe storage and handling
25of drugs.

26(E) Knowledge and understanding of prescription terminology,
27abbreviations, dosages and format.

28(4) The board may, by regulation, require training programs to
29include additional material.

30(5) The board may not issue a license as a designated
31representative until the applicant provides proof of completion of
32the required training to the board.

33(c) The veterinary food-animal drug retailer or wholesaler shall
34not operate without a pharmacist or a designated representative
35on its premises.

36(d) Only a pharmacist or a designated representative shall
37prepare and affix the label to veterinary food-animal drugs.

38(e) Section 4051 shall not apply to any laboratory licensed under
39Section 351 of Title III of the Public Health Service Act (Public
40Law 78-410).

P13   1

SEC. 20.  

Section 4107 of the Business and Professions Code
2 is amended to read:

3

4107.  

(a) The board may not issue more than one site license
4to a single premises except as follows:

5(1) To issue a veterinary food-animal drug retailer license to a
6wholesaler pursuant to Section 4196.

7(2) To issue a license to compound sterile injectable drugs to a
8pharmacy pursuant to Section 4127.1.

9(3) To issue a centralized hospital packaging license pursuant
10to Section 4128.

11(b) For the purposes of this subdivision, “premises” means a
12location with its own address and an independent means of ingress
13and egress.

14

SEC. 21.  

Section 4980.36 of the Business and Professions
15Code
is amended to read:

16

4980.36.  

(a) This section shall apply to the following:

17(1) Applicants for licensure or registration who begin graduate
18study before August 1, 2012, and do not complete that study on
19or before December 31, 2018.

20(2) Applicants for licensure or registration who begin graduate
21study before August 1, 2012, and who graduate from a degree
22program that meets the requirements of this section.

23(3) Applicants for licensure or registration who begin graduate
24study on or after August 1, 2012.

25(b) To qualify for a license or registration, applicants shall
26possess a doctoral or master’s degree meeting the requirements of
27this section in marriage, family, and child counseling, marriage
28and family therapy, couple and family therapy, psychology, clinical
29psychology, counseling psychology, or counseling with an
30emphasis in either marriage, family, and child counseling or
31marriage and family therapy, obtained from a school, college, or
32university approved by the Bureau for Private Postsecondary
33Education or accredited by either the Commission on Accreditation
34for Marriage and Family Therapy Education or a regional
35accrediting agency recognized by the United States Department
36of Education. The board has the authority to make the final
37determination as to whether a degree meets all requirements,
38including, but not limited to, course requirements, regardless of
39accreditation or approval.

P14   1(c) A doctoral or master’s degree program that qualifies for
2licensure or registration shall do the following:

3(1) Integrate all of the following throughout its curriculum:

4(A) Marriage and family therapy principles.

5(B) The principles of mental health recovery-oriented care and
6methods of service delivery in recovery-oriented practice
7environments, among others.

8(C) An understanding of various cultures and the social and
9psychological implications of socioeconomic position, and an
10understanding of how poverty and social stress impact an
11individual’s mental health and recovery.

12(2) Allow for innovation and individuality in the education of
13marriage and family therapists.

14(3) Encourage students to develop the personal qualities that
15are intimately related to effective practice, including, but not
16limited to, integrity, sensitivity, flexibility, insight, compassion,
17and personal presence.

18(4) Permit an emphasis or specialization that may address any
19one or more of the unique and complex array of human problems,
20symptoms, and needs of Californians served by marriage and
21family therapists.

22(5) Provide students with the opportunity to meet with various
23consumers and family members of consumers of mental health
24services to enhance understanding of their experience of mental
25illness, treatment, and recovery.

26(d) The degree described in subdivision (b) shall contain no less
27than 60 semester or 90 quarter units of instruction that includes,
28but is not limited to, the following requirements:

29(1) Both of the following:

30(A) No less than 12 semester or 18 quarter units of coursework
31in theories, principles, and methods of a variety of
32psychotherapeutic orientations directly related to marriage and
33family therapy and marital and family systems approaches to
34treatment and how these theories can be applied therapeutically
35with individuals, couples, families, adults, including elder adults,
36children, adolescents, and groups to improve, restore, or maintain
37healthy relationships.

38(B) Practicum that involves direct client contact, as follows:

P15   1(i) A minimum of six semester or nine quarter units of practicum
2in a supervised clinical placement that provides supervised
3fieldwork experience.

4(ii) A minimum of 150 hours of face-to-face experience
5counseling individuals, couples, families, or groups.

6(iii) A student must be enrolled in a practicum course while
7counseling clients, except as specified in subdivision (c) of Section
84980.42.

9(iv) The practicum shall provide training in all of the following
10areas:

11(I) Applied use of theory and psychotherapeutic techniques.

12(II) Assessment, diagnosis, and prognosis.

13(III) Treatment of individuals and premarital, couple, family,
14and child relationships, including trauma and abuse, dysfunctions,
15healthy functioning, health promotion, illness prevention, and
16working with families.

17(IV) Professional writing, including documentation of services,
18treatment plans, and progress notes.

19(V) How to connect people with resources that deliver the
20quality of services and support needed in the community.

21(v) Educational institutions are encouraged to design the
22practicum required by this subparagraph to include marriage and
23family therapy experience in low income and multicultural mental
24health settings.

25(vi) In addition to the 150 hours required in clause (ii), 75 hours
26of either of the following:

27(I) Client centered advocacy, as defined in Section 4980.03.

28(II) Face-to-face experience counseling individuals, couples,
29families, or groups.

30(2) Instruction in all of the following:

31(A) Diagnosis, assessment, prognosis, and treatment of mental
32disorders, including severe mental disorders, evidence-based
33practices, psychological testing, psychopharmacology, and
34promising mental health practices that are evaluated in peer
35reviewed literature.

36(B) Developmental issues from infancy to old age, including
37instruction in all of the following areas:

38(i) The effects of developmental issues on individuals, couples,
39and family relationships.

P16   1(ii) The psychological, psychotherapeutic, and health
2implications of developmental issues and their effects.

3(iii) Aging and its biological, social, cognitive, and
4psychological aspects.

5(iv) A variety of cultural understandings of human development.

6(v) The understanding of human behavior within the social
7context of socioeconomic status and other contextual issues
8affecting social position.

9(vi) The understanding of human behavior within the social
10context of a representative variety of the cultures found within
11California.

12(vii) The understanding of the impact that personal and social
13insecurity, social stress, low educational levels, inadequate housing,
14and malnutrition have on human development.

15(C) The broad range of matters and life events that may arise
16within marriage and family relationships and within a variety of
17California cultures, including instruction in all of the following:

18(i) A minimum of seven contact hours of training or coursework
19in child abuse assessment and reporting as specified in Section 28,
20and any regulations promulgated thereunder.

21(ii) Spousal or partner abuse assessment, detection, intervention
22strategies, and same gender abuse dynamics.

23(iii) Cultural factors relevant to abuse of partners and family
24members.

25(iv) Childbirth, child rearing, parenting, and stepparenting.

26(v) Marriage, divorce, and blended families.

27(vi) Long-term care.

28(vii) End of life and grief.

29(viii) Poverty and deprivation.

30(ix) Financial and social stress.

31(x) Effects of trauma.

32(xi) The psychological, psychotherapeutic, community, and
33health implications of the matters and life events described in
34clauses (i) to (x), inclusive.

35(D) Cultural competency and sensitivity, including a familiarity
36with the racial, cultural, linguistic, and ethnic backgrounds of
37persons living in California.

38(E) Multicultural development and cross-cultural interaction,
39including experiences of race, ethnicity, class, spirituality, sexual
P17   1orientation, gender, and disability, and their incorporation into the
2psychotherapeutic process.

3(F) The effects of socioeconomic status on treatment and
4available resources.

5(G) Resilience, including the personal and community qualities
6that enable persons to cope with adversity, trauma, tragedy, threats,
7or other stresses.

8(H) Human sexuality, including the study of physiological,
9psychological, and social cultural variables associated with sexual
10behavior and gender identity, and the assessment and treatment of
11psychosexual dysfunction.

12(I) Substance use disorders, co-occurring disorders, and
13addiction, including, but not limited to, instruction in all of the
14following:

15(i) The definition of substance use disorders, co-occurring
16disorders, and addiction. For purposes of this subparagraph,
17“co-occurring disorders” means a mental illness and substance
18abuse diagnosis occurring simultaneously in an individual.

19(ii) Medical aspects of substance use disorders and co-occurring
20disorders.

21(iii) The effects of psychoactive drug use.

22(iv) Current theories of the etiology of substance abuse and
23addiction.

24(v) The role of persons and systems that support or compound
25substance abuse and addiction.

26(vi) Major approaches to identification, evaluation, and treatment
27of substance use disorders, co-occurring disorders, and addiction,
28including, but not limited to, best practices.

29(vii) Legal aspects of substance abuse.

30(viii) Populations at risk with regard to substance use disorders
31and co-occurring disorders.

32(ix) Community resources offering screening, assessment,
33treatment, and followup for the affected person and family.

34(x) Recognition of substance use disorders, co-occurring
35disorders, and addiction, and appropriate referral.

36(xi) The prevention of substance use disorders and addiction.

37(J) California law and professional ethics for marriage and
38family therapists, including instruction in all of the following areas
39of study:

P18   1(i) Contemporary professional ethics and statutory, regulatory,
2and decisional laws that delineate the scope of practice of marriage
3and family therapy.

4(ii) The therapeutic, clinical, and practical considerations
5involved in the legal and ethical practice of marriage and family
6therapy, including, but not limited to, family law.

7(iii) The current legal patterns and trends in the mental health
8professions.

9(iv) The psychotherapist-patient privilege, confidentiality, the
10patient dangerous to self or others, and the treatment of minors
11with and without parental consent.

12(v) A recognition and exploration of the relationship between
13a practitioner’s sense of self and human values and his or her
14professional behavior and ethics.

15(vi) Differences in legal and ethical standards for different types
16 of work settings.

17(vii) Licensing law and licensing process.

18(e) The degree described in subdivision (b) shall, in addition to
19meeting the requirements of subdivision (d), include instruction
20in case management, systems of care for the severely mentally ill,
21public and private services and supports available for the severely
22mentally ill, community resources for persons with mental illness
23and for victims of abuse, disaster and trauma response, advocacy
24for the severely mentally ill, and collaborative treatment. This
25instruction may be provided either in credit level coursework or
26through extension programs offered by the degree-granting
27institution.

28(f) The changes made to law by this section are intended to
29improve the educational qualifications for licensure in order to
30better prepare future licentiates for practice, and are not intended
31to expand or restrict the scope of practice for marriage and family
32therapists.

33

SEC. 22.  

Section 4980.397 of the Business and Professions
34Code
is amended to read:

35

4980.397.  

(a) Effective January 1, 2016, an applicant for
36licensure as a marriage and family therapist shall pass the following
37two examinations as prescribed by the board:

38(1) A California law and ethics examination.

39(2) A clinical examination.

P19   1(b) Upon registration with the board, a marriage and family
2therapist intern shall, within the first year of registration, take an
3examination on California law and ethics.

4(c) A registrant may take the clinical examination only upon
5meeting all of the following requirements:

6(1) Completion of all required supervised work experience.

7(2) Completion of all education requirements.

8(3) Passage of the California law and ethics examination.

9(d) This section shall become operative on January 1, 2016.

10

SEC. 23.  

Section 4980.398 of the Business and Professions
11Code
is amended to read:

12

4980.398.  

(a) Each applicant who had previously taken and
13passed the standard written examination but had not passed the
14clinical vignette examination shall also obtain a passing score on
15the clinical examination in order to be eligible for licensure.

16(b) An applicant who had previously failed to obtain a passing
17score on the standard written examination shall obtain a passing
18score on the California law and ethics examination and the clinical
19examination.

20(c) An applicant who had obtained eligibility for the standard
21written examination shall take the California law and ethics
22examination and the clinical examination.

23(d) This section shall become operative on January 1, 2016.

24

SEC. 24.  

Section 4980.399 of the Business and Professions
25Code
is amended to read:

26

4980.399.  

(a) Except as provided in subdivision (a) of Section
274980.398, each applicant and registrant shall obtain a passing score
28on a board-administered California law and ethics examination in
29order to qualify for licensure.

30(b) A registrant shall participate in a board-administered
31California law and ethics examination prior to his or her registration
32renewal.

33(c) If an applicant fails the California law and ethics
34examination, he or she may retake the examination, upon payment
35of the required fees, without further application except as provided
36in subdivision (d).

37(d) If a registrant fails to obtain a passing score on the California
38law and ethics examination described in subdivision (a) within his
39or her first renewal period on or after the operative date of this
40section, he or she shall complete, at a minimum, a 12-hour course
P20   1in California law and ethics in order to be eligible to participate
2in the California law and ethics examination. Registrants shall only
3take the 12-hour California law and ethics course once during a
4renewal period. The 12-hour law and ethics course required by the
5section shall be taken through a board-approved continuing
6education provider, a county, state or governmental entity, or a
7college or university.

8(e) The board shall not issue a subsequent registration number
9unless the registrant has passed the California law and ethics
10examination.

11(f) This section shall become operative on January 1, 2016.

12

SEC. 25.  

Section 4980.40 of the Business and Professions
13Code
, as amended by Section 29 of Chapter 799 of the Statutes of
142012, is amended to read:

15

4980.40.  

To qualify for a license, an applicant shall have all
16of the following qualifications:

17(a) Meet the educational requirements of Section 4980.36 or
18both Sections 4980.37 and 4980.41, as applicable.

19(b) Be at least 18 years of age.

20(c) Have at least two years of experience that meet the
21requirements of Section 4980.43.

22(d) Pass a board administered written or oral examination or
23both types of examinations, except that an applicant who passed
24a written examination and who has not taken and passed an oral
25examination shall instead be required to take and pass a clinical
26vignette written examination.

27(e) Not have committed acts or crimes constituting grounds for
28denial of licensure under Section 480. The board shall not issue a
29registration or license to any person who has been convicted of a
30crime in this or another state or in a territory of the United States
31that involves sexual abuse of children or who is required to register
32pursuant to Section 290 of the Penal Code or the equivalent in
33another state or territory.

34(f) This section shall remain in effect only until January 1, 2016,
35and as of that date is repealed, unless a later enacted statute, that
36is enacted before January 1, 2016, deletes or extends that date.

37

SEC. 26.  

Section 4980.40 of the Business and Professions
38Code
, as amended by Section 30 of Chapter 799 of the Statutes of
392012, is amended to read:

P21   1

4980.40.  

To qualify for a license, an applicant shall have all
2of the following qualifications:

3(a) Meet the educational requirements of Section 4980.36 or
4both Sections 4980.37 and 4980.41, as applicable.

5(b) Be at least 18 years of age.

6(c) Have at least two years of experience that meet the
7requirements of Section 4980.43.

8(d) Effective January 1, 2016, successfully pass a California
9law and ethics examination and a clinical examination. An
10applicant who has successfully passed a previously administered
11written examination may be subsequently required to take and pass
12another written examination.

13(e) Not have committed acts or crimes constituting grounds for
14denial of licensure under Section 480. The board shall not issue a
15registration or license to any person who has been convicted of a
16crime in this or another state or in a territory of the United States
17that involves sexual abuse of children or who is required to register
18pursuant to Section 290 of the Penal Code or the equivalent in
19another state or territory.

20(f) This section shall become operative on January 1, 2016.

21

SEC. 27.  

Section 4980.43 of the Business and Professions
22Code
is amended to read:

23

4980.43.  

(a) Prior to applying for licensure examinations, each
24applicant shall complete experience that shall comply with the
25following:

26(1) A minimum of 3,000 hours completed during a period of at
27least 104 weeks.

28(2) Not more than 40 hours in any seven consecutive days.

29(3) Not less than 1,700 hours of supervised experience
30completed subsequent to the granting of the qualifying master’s
31or doctoral degree.

32(4) Not more than 1,300 hours of supervised experience obtained
33prior to completing a master’s or doctoral degree.

34The applicant shall not be credited with more than 750 hours of
35counseling and direct supervisor contact prior to completing the
36master’s or doctoral degree.

37(5) No hours of experience may be gained prior to completing
38either 12 semester units or 18 quarter units of graduate instruction
39and becoming a trainee except for personal psychotherapy.

P22   1(6) No hours of experience may be gained more than six years
2prior to the date the application for examination eligibility was
3filed, except that up to 500 hours of clinical experience gained in
4the supervised practicum required by subdivision (c) of Section
54980.37 and subparagraph (B) of paragraph (1) of subdivision (d)
6of Section 4980.36 shall be exempt from this six-year requirement.

7(7) Not more than a combined total of 1,000 hours of experience
8in the following:

9(A) Direct supervisor contact.

10(B) Professional enrichment activities. For purposes of this
11chapter, “professional enrichment activities” include the following:

12(i) Workshops, seminars, training sessions, or conferences
13directly related to marriage and family therapy attended by the
14applicant that are approved by the applicant’s supervisor. An
15applicant shall have no more than 250 hours of verified attendance
16at these workshops, seminars, training sessions, or conferences.

17(ii) Participation by the applicant in personal psychotherapy,
18which includes group, marital or conjoint, family, or individual
19psychotherapy by an appropriately licensed professional. An
20applicant shall have no more than 100 hours of participation in
21personal psychotherapy. The applicant shall be credited with three
22hours of experience for each hour of personal psychotherapy.

23(8) Not more than 500 hours of experience providing group
24therapy or group counseling.

25(9) For all hours gained on or after January 1, 2012, not more
26than 500 hours of experience in the following:

27(A) Experience administering and evaluating psychological
28tests, writing clinical reports, writing progress notes, or writing
29process notes.

30(B) Client centered advocacy.

31(10) Not less than 500 total hours of experience in diagnosing
32and treating couples, families, and children. For up to 150 hours
33of treating couples and families in conjoint therapy, the applicant
34shall be credited with two hours of experience for each hour of
35therapy provided.

36(11) Not more than 375 hours of experience providing personal
37psychotherapy, crisis counseling, or other counseling services via
38telehealth in accordance with Section 2290.5.

39(12) It is anticipated and encouraged that hours of experience
40will include working with elders and dependent adults who have
P23   1physical or mental limitations that restrict their ability to carry out
2normal activities or protect their rights.

3This subdivision shall only apply to hours gained on and after
4January 1, 2010.

5(b) All applicants, trainees, and registrants shall be at all times
6under the supervision of a supervisor who shall be responsible for
7ensuring that the extent, kind, and quality of counseling performed
8is consistent with the training and experience of the person being
9supervised, and who shall be responsible to the board for
10compliance with all laws, rules, and regulations governing the
11practice of marriage and family therapy. Supervised experience
12shall be gained by interns and trainees only as an employee or as
13a volunteer. The requirements of this chapter regarding gaining
14hours of experience and supervision are applicable equally to
15employees and volunteers. Experience shall not be gained by
16interns or traineesbegin delete for work performedend delete as an independent contractor
17begin delete or reported on an IRS Form 1099end delete.

18(1) If employed, an intern shall provide the board with copies
19of the corresponding W-2 tax forms for each year of experience
20claimed upon application for licensure.

21(2) If volunteering, an intern shall provide the board with a letter
22from his or her employer verifying the intern’s employment as a
23volunteer upon application for licensure.

24(c) Except for experience gained pursuant to subparagraph (B)
25of paragraph (7) of subdivision (a), supervision shall include at
26least one hour of direct supervisor contact in each week for which
27experience is credited in each work setting, as specified:

28(1) A trainee shall receive an average of at least one hour of
29direct supervisor contact for every five hours of client contact in
30each setting.

31(2) An individual supervised after being granted a qualifying
32degree shall receive at least one additional hour of direct supervisor
33contact for every week in which more than 10 hours of client
34contact is gained in each setting. No more than five hours of
35supervision, whether individual or group, shall be credited during
36any single week.

37(3) For purposes of this section, “one hour of direct supervisor
38contact” means one hour per week of face-to-face contact on an
39individual basis or two hours per week of face-to-face contact in
40a group.

P24   1(4) Direct supervisor contact shall occur within the same week
2as the hours claimed.

3(5) Direct supervisor contact provided in a group shall be
4provided in a group of not more than eight supervisees and in
5segments lasting no less than one continuous hour.

6(6) Notwithstanding paragraph (3), an intern working in a
7governmental entity, a school, a college, or a university, or an
8institution that is both nonprofit and charitable may obtain the
9required weekly direct supervisor contact via two-way, real-time
10videoconferencing. The supervisor shall be responsible for ensuring
11that client confidentiality is upheld.

12(7) All experience gained by a trainee shall be monitored by the
13supervisor as specified by regulation.

14(d) (1) A trainee may be credited with supervised experience
15completed in any setting that meets all of the following:

16(A) Lawfully and regularly provides mental health counseling
17or psychotherapy.

18(B) Provides oversight to ensure that the trainee’s work at the
19setting meets the experience and supervision requirements set forth
20in this chapter and is within the scope of practice for the profession
21as defined in Section 4980.02.

22(C) Is not a private practice owned by a licensed marriage and
23family therapist, a licensed psychologist, a licensed clinical social
24worker, a licensed physician and surgeon, or a professional
25corporation of any of those licensed professions.

26(2) Experience may be gained by the trainee solely as part of
27the position for which the trainee volunteers or is employed.

28(e) (1) An intern may be credited with supervised experience
29completed in any setting that meets both of the following:

30(A) Lawfully and regularly provides mental health counseling
31or psychotherapy.

32(B) Provides oversight to ensure that the intern’s work at the
33setting meets the experience and supervision requirements set forth
34in this chapter and is within the scope of practice for the profession
35as defined in Section 4980.02.

36(2) An applicant shall not be employed or volunteer in a private
37practice, as defined in subparagraph (C) of paragraph (1) of
38subdivision (d), until registered as an intern.

P25   1(3) While an intern may be either a paid employee or a
2volunteer, employers are encouraged to provide fair remuneration
3to interns.

4(4) Except for periods of time during a supervisor’s vacation or
5sick leave, an intern who is employed or volunteering in private
6practice shall be under the direct supervision of a licensee that has
7satisfied the requirements of subdivision (g) of Section 4980.03.
8The supervising licensee shall either be employed by and practice
9at the same site as the intern’s employer, or shall be an owner or
10shareholder of the private practice. Alternative supervision may
11be arranged during a supervisor’s vacation or sick leave if the
12supervision meets the requirements of this section.

13(5) Experience may be gained by the intern solely as part of the
14position for which the intern volunteers or is employed.

15(f) Except as provided in subdivision (g), all persons shall
16register with the board as an intern in order to be credited for
17postdegree hours of supervised experience gained toward licensure.

18(g) Except when employed in a private practice setting, all
19postdegree hours of experience shall be credited toward licensure
20so long as the applicant applies for the intern registration within
2190 days of the granting of the qualifying master’s or doctoral
22degree and is thereafter granted the intern registration by the board.

23(h) Trainees, interns, and applicants shall not receive any
24remuneration from patients or clients, and shall only be paid by
25their employers.

26(i) Trainees, interns, and applicants shall only perform services
27at the place where their employers regularly conduct business,
28which may include performing services at other locations, so long
29as the services are performed under the direction and control of
30their employer and supervisor, and in compliance with the laws
31and regulations pertaining to supervision. Trainees and interns
32shall have no proprietary interest in their employers’ businesses
33and shall not lease or rent space, pay for furnishings, equipment,
34or supplies, or in any other way pay for the obligations of their
35employers.

36(j) Trainees, interns, or applicants who provide volunteered
37services or other services, and who receive no more than a total,
38from all work settings, of five hundred dollars ($500) per month
39as reimbursement for expenses actually incurred by those trainees,
40interns, or applicants for services rendered in any lawful work
P26   1setting other than a private practice shall be considered an
2employee and not an independent contractor. The board may audit
3applicants who receive reimbursement for expenses, and the
4applicants shall have the burden of demonstrating that the payments
5received were for reimbursement of expenses actually incurred.

6(k) Each educational institution preparing applicants for
7licensure pursuant to this chapter shall consider requiring, and
8shall encourage, its students to undergo individual, marital or
9conjoint, family, or group counseling or psychotherapy, as
10appropriate. Each supervisor shall consider, advise, and encourage
11his or her interns and trainees regarding the advisability of
12undertaking individual, marital or conjoint, family, or group
13counseling or psychotherapy, as appropriate. Insofar as it is deemed
14appropriate and is desired by the applicant, the educational
15institution and supervisors are encouraged to assist the applicant
16in locating that counseling or psychotherapy at a reasonable cost.

17

SEC. 28.  

Section 4980.50 of the Business and Professions
18Code
, as amended by Section 1 of Chapter 800 of the Statutes of
192012, is amended to read:

20

4980.50.  

(a) Every applicant who meets the educational and
21experience requirements and applies for a license as a marriage
22and family therapist shall be examined by the board. The
23examinations shall be as set forth in subdivision (d) of Section
244980.40. The examinations shall be given at least twice a year at
25a time and place and under supervision as the board may determine.
26The board shall examine the candidate with regard to his or her
27knowledge and professional skills and his or her judgment in the
28utilization of appropriate techniques and methods.

29(b) The board shall not deny any applicant, who has submitted
30a complete application for examination, admission to the licensure
31examinations required by this section if the applicant meets the
32educational and experience requirements of this chapter, and has
33not committed any acts or engaged in any conduct that would
34constitute grounds to deny licensure.

35(c) The board shall not deny any applicant, whose application
36for licensure is complete, admission to the standard written
37examination, nor shall the board postpone or delay any applicant’s
38standard written examination or delay informing the candidate of
39the results of the standard written examination, solely upon the
P27   1receipt by the board of a complaint alleging acts or conduct that
2would constitute grounds to deny licensure.

3(d) If an applicant for examination who has passed the standard
4written examination is the subject of a complaint or is under board
5investigation for acts or conduct that, if proven to be true, would
6constitute grounds for the board to deny licensure, the board shall
7permit the applicant to take the clinical vignette written
8 examination for licensure, but may withhold the results of the
9examination or notify the applicant that licensure will not be
10granted pending completion of the investigation.

11(e) Notwithstanding Section 135, the board may deny any
12applicant who has previously failed either the standard written or
13clinical vignette written examination permission to retake either
14examination pending completion of the investigation of any
15complaints against the applicant. Nothing in this section shall
16prohibit the board from denying an applicant admission to any
17examination, withholding the results, or refusing to issue a license
18to any applicant when an accusation or statement of issues has
19been filed against the applicant pursuant to Sections 11503 and
2011504 of the Government Code, respectively, or the applicant has
21been denied in accordance with subdivision (b) of Section 485.

22(f) Notwithstanding any other provision of law, the board may
23destroy all examination materials two years following the date of
24an examination.

25(g) On or after January 1, 2002, no applicant shall be eligible
26to participate in a clinical vignette written examination if his or
27her passing score on the standard written examination occurred
28more than seven years before.

29(h) An applicant who has qualified pursuant to this chapter shall
30be issued a license as a marriage and family therapist in the form
31that the board may deem appropriate.

32(i) This section shall remain in effect only until January 1, 2016,
33and as of that date is repealed, unless a later enacted statute, that
34is enacted before January 1, 2016, deletes or extends that date.

35

SEC. 29.  

Section 4980.50 of the Business and Professions
36Code
, as amended by Section 2 of Chapter 800 of the Statutes of
372012, is amended to read:

38

4980.50.  

Effective January 1, 2016, the following shall apply:

39(a) Every applicant who meets the educational and experience
40requirements and applies for a license as a marriage and family
P28   1therapist shall be examined by the board. The examinations shall
2be as set forth in subdivision (d) of Section 4980.40. The
3examinations shall be given at least twice a year at a time and place
4and under supervision as the board may determine. The board shall
5examine the candidate with regard to his or her knowledge and
6professional skills and his or her judgment in the utilization of
7appropriate techniques and methods.

8(b) The board shall not deny any applicant, who has submitted
9a complete application for examination, admission to the licensure
10 examinations required by this section if the applicant meets the
11educational and experience requirements of this chapter, and has
12not committed any acts or engaged in any conduct that would
13constitute grounds to deny licensure.

14(c) The board shall not deny any applicant, whose application
15for licensure is complete, admission to the clinical examination,
16nor shall the board postpone or delay any applicant’s clinical
17examination or delay informing the candidate of the results of the
18clinical examination, solely upon the receipt by the board of a
19complaint alleging acts or conduct that would constitute grounds
20to deny licensure.

21(d) If an applicant for examination who has passed the California
22law and ethics examination is the subject of a complaint or is under
23board investigation for acts or conduct that, if proven to be true,
24would constitute grounds for the board to deny licensure, the board
25shall permit the applicant to take the clinical examination for
26licensure, but may withhold the results of the examination or notify
27the applicant that licensure will not be granted pending completion
28of the investigation.

29(e) Notwithstanding Section 135, the board may deny any
30applicant who has previously failed either the California law and
31ethics examination or the clinical examination permission to retake
32either examination pending completion of the investigation of any
33complaints against the applicant. Nothing in this section shall
34prohibit the board from denying an applicant admission to any
35examination, withholding the results, or refusing to issue a license
36to any applicant when an accusation or statement of issues has
37been filed against the applicant pursuant to Sections 11503 and
3811504 of the Government Code, respectively, or the applicant has
39been denied in accordance with subdivision (b) of Section 485.

P29   1(f) Notwithstanding any other provision of law, the board may
2destroy all examination materials two years following the date of
3an examination.

4(g) Effective January 1, 2016, no applicant shall be eligible to
5participate in the clinical examination if he or she fails to obtain
6a passing score on the clinical examination within seven years
7from his or her initial attempt, unless he or she takes and obtains
8a passing score on the current version of the California law and
9ethics examination.

10(h) A passing score on the clinical examination shall be accepted
11by the board for a period of seven years from the date the
12examination was taken.

13(i) An applicant who has qualified pursuant to this chapter shall
14be issued a license as a marriage and family therapist in the form
15that the board may deem appropriate.

16(j) This section shall become operative on January 1, 2016.

17

SEC. 30.  

Section 4980.72 of the Business and Professions
18Code
is amended to read:

19

4980.72.  

(a) This section applies to persons who are licensed
20outside of California and apply for licensure on or after January
211, 2014.

22(b) The board may issue a license to a person who, at the time
23of submitting an application for a license pursuant to this chapter,
24holds a valid license in good standing issued by a board of marriage
25counselor examiners, board of marriage and family therapists, or
26corresponding authority, of any state or country, if all of the
27following conditions are satisfied:

28(1) The applicant’s education is substantially equivalent, as
29defined in Section 4980.78. The applicant’s degree title need not
30be identical to that required by Section 4980.36 or 4980.37.

31(2) The applicant complies with Section 4980.76, if applicable.

32(3) The applicant’s supervised experience is substantially
33equivalent to that required for a license under this chapter. If the
34applicant has less than 3,000 hours of qualifying supervised
35experience, time actively licensed as a marriage and family
36therapist shall be accepted at a rate of 100 hours per month up to
37a maximum of 1,200 hours.

38(4) The applicant passes the California law and ethics
39examination.

P30   1(5) The applicant passes a clinical examination designated by
2the board. An applicant who obtained his or her license or
3registration under another jurisdiction may apply for licensure with
4the board without taking the clinical examination if both of the
5following conditions are met:

6(A) The applicant obtained a passing score on the licensing
7examination set forth in regulation as accepted by the board.

8(B) The applicant’s license or registration in that jurisdiction is
9in good standing at the time of his or her application and has not
10been revoked, suspended, surrendered, denied, or otherwise
11restricted or encumbered as a result of any disciplinary proceeding
12brought by the licensing authority of that jurisdiction.

13

SEC. 31.  

Section 4984.01 of the Business and Professions
14Code
, as amended by Section 38 of Chapter 799 of the Statutes of
152012, is amended to read:

16

4984.01.  

(a) The marriage and family therapist intern
17registration shall expire one year from the last day of the month
18in which it was issued.

19(b) To renew the registration, the registrant shall, on or before
20the expiration date of the registration, complete all of the following
21actions:

22(1) Apply for renewal on a form prescribed by the board.

23(2) Pay a renewal fee prescribed by the board.

24(3) Notify the board whether he or she has been convicted, as
25defined in Section 490, of a misdemeanor or felony, and whether
26any disciplinary action has been taken against him or her by a
27 regulatory or licensing board in this or any other state subsequent
28to the last renewal of the registration.

29(c) The registration may be renewed a maximum of five times.
30No registration shall be renewed or reinstated beyond six years
31from the last day of the month during which it was issued,
32regardless of whether it has been revoked. When no further
33renewals are possible, an applicant may apply for and obtain a new
34intern registration if the applicant meets the educational
35requirements for registration in effect at the time of the application
36for a new intern registration. An applicant who is issued a
37subsequent intern registration pursuant to this subdivision may be
38employed or volunteer in any allowable work setting except private
39practice.

P31   1(d) This section shall remain in effect only until January 1, 2016,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2016, deletes or extends that date.

4

SEC. 32.  

Section 4984.01 of the Business and Professions
5Code
, as amended by Section 39 of Chapter 799 of the Statutes of
62012, is amended to read:

7

4984.01.  

(a) The marriage and family therapist intern
8registration shall expire one year from the last day of the month
9in which it was issued.

10(b) To renew the registration, the registrant shall, on or before
11the expiration date of the registration, complete all of the following
12actions:

13(1) Apply for renewal on a form prescribed by the board.

14(2) Pay a renewal fee prescribed by the board.

15(3) Participate in the California law and ethics examination
16pursuant to Section 4980.399 each year until successful completion
17of this examination.

18(4) Notify the board whether he or she has been convicted, as
19defined in Section 490, of a misdemeanor or felony, and whether
20any disciplinary action has been taken against him or her by a
21regulatory or licensing board in this or any other state subsequent
22to the last renewal of the registration.

23(c) The registration may be renewed a maximum of five times.
24No registration shall be renewed or reinstated beyond six years
25from the last day of the month during which it was issued,
26regardless of whether it has been revoked. When no further
27renewals are possible, an applicant may apply for and obtain a new
28intern registration if the applicant meets the educational
29requirements for registration in effect at the time of the application
30for a new intern registration and has passed the California law and
31ethics examination described in Section 4980.399. An applicant
32who is issued a subsequent intern registration pursuant to this
33subdivision may be employed or volunteer in any allowable work
34setting except private practice.

35(d) This section shall become operative on January 1, 2016.

36

SEC. 33.  

Section 4984.7 of the Business and Professions Code,
37as amended by Section 41 of Chapter 799 of the Statutes of 2012,
38is amended to read:

39

4984.7.  

(a) The board shall assess the following fees relating
40to the licensure of marriage and family therapists:

P32   1(1) The application fee for an intern registration shall be
2seventy-five dollars ($75).

3(2) The renewal fee for an intern registration shall be
4seventy-five dollars ($75).

5(3) The fee for the application for examination eligibility shall
6be one hundred dollars ($100).

7(4) The fee for the standard written examination shall be one
8hundred dollars ($100). The fee for the clinical vignette
9examination shall be one hundred dollars ($100).

10(A) An applicant who fails to appear for an examination, after
11having been scheduled to take the examination, shall forfeit the
12examination fee.

13(B) The amount of the examination fees shall be based on the
14actual cost to the board of developing, purchasing, and grading
15each examination and the actual cost to the board of administering
16each examination. The examination fees shall be adjusted
17periodically by regulation to reflect the actual costs incurred by
18the board.

19(5) The fee for rescoring an examination shall be twenty dollars
20($20).

21(6) The fee for issuance of an initial license shall be a maximum
22of one hundred eighty dollars ($180).

23(7) The fee for license renewal shall be a maximum of one
24hundred eighty dollars ($180).

25(8) The fee for inactive license renewal shall be a maximum of
26ninety dollars ($90).

27(9) The renewal delinquency fee shall be a maximum of ninety
28dollars ($90). A person who permits his or her license to expire is
29subject to the delinquency fee.

30(10) The fee for issuance of a replacement registration, license,
31or certificate shall be twenty dollars ($20).

32(11) The fee for issuance of a certificate or letter of good
33standing shall be twenty-five dollars ($25).

34(12) The fee for issuance of a retired license shall be forty dollars
35($40).

36(b) With regard to license, examination, and other fees, the
37board shall establish fee amounts at or below the maximum
38amounts specified in this chapter.

P33   1(c) This section shall remain in effect only until January 1, 2016,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2016, deletes or extends that date.

4

SEC. 34.  

Section 4984.7 of the Business and Professions Code,
5as amended by Section 42 of Chapter 799 of the Statutes of 2012,
6is amended to read:

7

4984.7.  

(a) The board shall assess the following fees relating
8to the licensure of marriage and family therapists:

9(1) The application fee for an intern registration shall be
10seventy-five dollars ($75).

11(2) The renewal fee for an intern registration shall be
12seventy-five dollars ($75).

13(3) The fee for the application for examination eligibility shall
14be one hundred dollars ($100).

15(4) The fee for the clinical examination shall be one hundred
16dollars ($100). The fee for the California law and ethics
17examination shall be one hundred dollars ($100).

18(A) An applicant who fails to appear for an examination, after
19having been scheduled to take the examination, shall forfeit the
20examination fee.

21(B) The amount of the examination fees shall be based on the
22actual cost to the board of developing, purchasing, and grading
23each examination and the actual cost to the board of administering
24each examination. The examination fees shall be adjusted
25periodically by regulation to reflect the actual costs incurred by
26the board.

27(5) The fee for rescoring an examination shall be twenty dollars
28($20).

29(6) The fee for issuance of an initial license shall be a maximum
30of one hundred eighty dollars ($180).

31(7) The fee for license renewal shall be a maximum of one
32hundred eighty dollars ($180).

33(8) The fee for inactive license renewal shall be a maximum of
34ninety dollars ($90).

35(9) The renewal delinquency fee shall be a maximum of ninety
36dollars ($90). A person who permits his or her license to expire is
37subject to the delinquency fee.

38(10) The fee for issuance of a replacement registration, license,
39or certificate shall be twenty dollars ($20).

P34   1(11) The fee for issuance of a certificate or letter of good
2standing shall be twenty-five dollars ($25).

3(12) The fee for issuance of a retired license shall be forty dollars
4($40).

5(b) With regard to license, examination, and other fees, the
6board shall establish fee amounts at or below the maximum
7amounts specified in this chapter.

8(c) This section shall become operative on January 1, 2016.

9

SEC. 35.  

Section 4984.72 of the Business and Professions
10Code
, as amended by Section 43 of Chapter 799 of the Statutes of
112012, is amended to read:

12

4984.72.  

(a) An applicant who fails a standard or clinical
13vignette written examination may, within one year from the
14notification date of that failure, retake the examination as regularly
15scheduled without further application upon payment of the fee for
16the examination. Thereafter, the applicant shall not be eligible for
17further examination until he or she files a new application, meets
18all requirements in effect on the date of application, and pays all
19required fees.

20(b) This section shall remain in effect only until January 1, 2016,
21and as of that date is repealed, unless a later enacted statute, that
22is enacted before January 1, 2016, deletes or extends that date.

23

SEC. 36.  

Section 4984.72 of the Business and Professions
24Code
, as amended by Section 44 of Chapter 799 of the Statutes of
252012, is amended to read:

26

4984.72.  

(a) Effective January 1, 2016, an applicant who fails
27the clinical examination may, within one year from the notification
28date of that failure, retake the examination as regularly scheduled
29without further application upon payment of the fee for the
30examination. Thereafter, the applicant shall not be eligible for
31further examination until he or she files a new application, meets
32all requirements in effect on the date of application, and pays all
33required fees.

34(b) This section shall become operative on January 1, 2016.

35

SEC. 37.  

Section 4989.68 of the Business and Professions
36Code
is amended to read:

37

4989.68.  

(a) The board shall assess the following fees relating
38to the licensure of educational psychologists:

39(1) The application fee for examination eligibility shall be one
40hundred dollars ($100).

P35   1(2) The fee for issuance of the initial license shall be a maximum
2amount of one hundred fifty dollars ($150).

3(3) The fee for license renewal shall be a maximum amount of
4one hundred fifty dollars ($150).

5(4) The delinquency fee shall be a maximum amount of
6seventy-five dollars ($75). A person who permits his or her license
7to become delinquent may have it restored only upon payment of
8all the fees that he or she would have paid if the license had not
9become delinquent, plus the payment of any and all delinquency
10fees.

11(5) The written examination fee shall be one hundred dollars
12($100). An applicant who fails to appear for an examination, once
13having been scheduled, shall forfeit any examination fees he or
14she paid.

15(6) The fee for rescoring a written examination shall be twenty
16dollars ($20).

17(7) The fee for issuance of a replacement registration, license,
18or certificate shall be twenty dollars ($20).

19(8) The fee for issuance of a certificate or letter of good standing
20shall be twenty-five dollars ($25).

21(9) The fee for issuance of a retired license shall be forty dollars
22($40).

23(b) With regard to all license, examination, and other fees, the
24board shall establish fee amounts at or below the maximum
25amounts specified in this chapter.

26

SEC. 38.  

Section 4992.05 of the Business and Professions
27Code
is amended to read:

28

4992.05.  

(a) Effective January 1, 2016, an applicant for
29licensure as a clinical social worker shall pass the following two
30examinations as prescribed by the board:

31(1) A California law and ethics examination.

32(2) A clinical examination.

33(b) Upon registration with the board, an associate social worker
34registrant shall, within the first year of registration, take an
35examination on California law and ethics.

36(c) A registrant may take the clinical examination only upon
37meeting all of the following requirements:

38(1) Completion of all education requirements.

39(2) Passage of the California law and ethics examination.

40(3) Completion of all required supervised work experience.

P36   1(d) This section shall become operative on January 1, 2016.

2

SEC. 39.  

Section 4992.07 of the Business and Professions
3Code
is amended to read:

4

4992.07.  

(a) An applicant who had previously taken and passed
5the standard written examination but had not passed the clinical
6vignette examination shall also obtain a passing score on the
7clinical examination in order to be eligible for licensure.

8(b) An applicant who had previously failed to obtain a passing
9score on the standard written examination shall obtain a passing
10score on the California law and ethics examination and the clinical
11examination.

12(c) An applicant who had obtained eligibility for the standard
13written examination shall take the California law and ethics
14examination and the clinical examination.

15(d) This section shall become operative on January 1, 2016.

16

SEC. 40.  

Section 4992.09 of the Business and Professions
17Code
is amended to read:

18

4992.09.  

(a) Except as provided in subdivision (a) of Section
194992.07, an applicant and registrant shall obtain a passing score
20on a board-administered California law and ethics examination in
21order to qualify for licensure.

22(b) A registrant shall participate in a board-administered
23California law and ethics examination prior to his or her registration
24renewal.

25(c) If an applicant fails the California law and ethics
26examination, he or she may retake the examination, upon payment
27of the required fees, without further application except for as
28provided in subdivision (d).

29(d) If a registrant fails to obtain a passing score on the California
30law and ethics examination described in subdivision (a) within his
31or her first renewal period on or after the operative date of this
32section, he or she shall complete, at a minimum, a 12-hour course
33in California law and ethics in order to be eligible to participate
34in the California law and ethics examination. Registrants shall only
35take the 12-hour California law and ethics course once during a
36renewal period. The 12-hour law and ethics course required by the
37section shall be taken through a board-approved continuing
38education provider, a county, state or governmental entity, or a
39college or university.

P37   1(e) The board shall not issue a subsequent registration number
2unless the registrant has passed the California law and ethics
3examination.

4(f) This section shall become operative on January 1, 2016.

5

SEC. 41.  

Section 4992.1 of the Business and Professions Code,
6as amended by Section 4 of Chapter 800 of the Statutes of 2012,
7is amended to read:

8

4992.1.  

(a) Only individuals who have the qualifications
9prescribed by the board under this chapter are eligible to take the
10examination.

11(b) Every applicant who is issued a clinical social worker license
12shall be examined by the board.

13(c) Notwithstanding any other provision of law, the board may
14destroy all examination materials two years following the date of
15an examination.

16(d) The board shall not deny any applicant, whose application
17for licensure is complete, admission to the standard written
18examination, nor shall the board postpone or delay any applicant’s
19standard written examination or delay informing the candidate of
20the results of the standard written examination, solely upon the
21receipt by the board of a complaint alleging acts or conduct that
22would constitute grounds to deny licensure.

23(e) If an applicant for examination who has passed the standard
24written examination is the subject of a complaint or is under board
25investigation for acts or conduct that, if proven to be true, would
26constitute grounds for the board to deny licensure, the board shall
27permit the applicant to take the clinical vignette written
28examination for licensure, but may withhold the results of the
29examination or notify the applicant that licensure will not be
30granted pending completion of the investigation.

31(f) Notwithstanding Section 135, the board may deny any
32applicant who has previously failed either the standard written or
33clinical vignette written examination permission to retake either
34examination pending completion of the investigation of any
35complaint against the applicant. Nothing in this section shall
36prohibit the board from denying an applicant admission to any
37examination, withholding the results, or refusing to issue a license
38to any applicant when an accusation or statement of issues has
39been filed against the applicant pursuant to Section 11503 or 11504
P38   1of the Government Code, or the applicant has been denied in
2accordance with subdivision (b) of Section 485.

3(g) On or after January 1, 2002, no applicant shall be eligible
4to participate in a clinical vignette written examination if his or
5her passing score on the standard written examination occurred
6more than seven years before.

7(h) This section shall remain in effect only until January 1, 2016,
8and as of that date is repealed, unless a later enacted statute, that
9is enacted before January 1, 2016, deletes or extends that date.

10

SEC. 42.  

Section 4992.1 of the Business and Professions Code,
11as amended by Section 5 of Chapter 800 of the Statutes of 2012,
12is amended to read:

13

4992.1.  

(a) Only individuals who have the qualifications
14prescribed by the board under this chapter are eligible to take an
15examination under this chapter.

16(b) Every applicant who is issued a clinical social worker license
17shall be examined by the board.

18(c) Notwithstanding any other provision of law, the board may
19destroy all examination materials two years following the date of
20an examination.

21(d) The board shall not deny any applicant, whose application
22for licensure is complete, admission to the clinical examination,
23nor shall the board postpone or delay any applicant’s clinical
24examination or delay informing the candidate of the results of the
25clinical examination, solely upon the receipt by the board of a
26complaint alleging acts or conduct that would constitute grounds
27to deny licensure.

28(e) If an applicant for examination who has passed the California
29law and ethics examination is the subject of a complaint or is under
30board investigation for acts or conduct that, if proven to be true,
31would constitute grounds for the board to deny licensure, the board
32shall permit the applicant to take the clinical examination for
33licensure, but may withhold the results of the examination or notify
34the applicant that licensure will not be granted pending completion
35of the investigation.

36(f) Notwithstanding Section 135, the board may deny any
37applicant who has previously failed either the California law and
38ethics examination or the clinical examination permission to retake
39either examination pending completion of the investigation of any
40complaint against the applicant. Nothing in this section shall
P39   1prohibit the board from denying an applicant admission to any
2examination, withholding the results, or refusing to issue a license
3to any applicant when an accusation or statement of issues has
4been filed against the applicant pursuant to Section 11503 or 11504
5of the Government Code, or the applicant has been denied in
6accordance with subdivision (b) of Section 485.

7(g) Effective January 1, 2016, no applicant shall be eligible to
8participate in the clinical examination if he or she fails to obtain
9a passing score on the clinical examination within seven years
10from his or her initial attempt, unless he or she takes and obtains
11a passing score on the current version of the California law and
12ethics examination.

13(h) A passing score on the clinical examination shall be accepted
14by the board for a period of seven years from the date the
15examination was taken.

16(i) This section shall become operative on January 1, 2016.

17

SEC. 43.  

Section 4996.1 of the Business and Professions Code,
18as amended by Section 52 of Chapter 799 of the Statutes of 2012,
19is amended to read:

20

4996.1.  

(a) The board shall issue a clinical social worker
21license to each applicant who qualifies pursuant to this article and
22successfully passes a board-administered written or oral
23examination or both examinations. An applicant who has
24successfully passed a previously administered written examination
25may be subsequently required to take and pass another written
26examination.

27(b) This section shall remain in effect only until January 1, 2016,
28and as of that date is repealed, unless a later enacted statute, that
29is enacted before January 1, 2016, deletes or extends that date.

30

SEC. 44.  

Section 4996.1 of the Business and Professions Code,
31as amended by Section 53 of Chapter 799 of the Statutes of 2012,
32is amended to read:

33

4996.1.  

(a) Effective January 1, 2016, the board shall issue a
34clinical social worker license to each applicant who qualifies
35pursuant to this article and who successfully passes a California
36law and ethics examination and a clinical examination. An
37applicant who has successfully passed a previously administered
38written examination may be subsequently required to take and pass
39another written examination.

40(b) This section shall become operative on January 1, 2016.

P40   1

SEC. 45.  

Section 4996.3 of the Business and Professions Code,
2as amended by Section 54 of Chapter 799 of the Statutes of 2012,
3is amended to read:

4

4996.3.  

(a) The board shall assess the following fees relating
5to the licensure of clinical social workers:

6(1) The application fee for registration as an associate clinical
7social worker shall be seventy-five dollars ($75).

8(2) The fee for renewal of an associate clinical social worker
9registration shall be seventy-five dollars ($75).

10(3) The fee for application for examination eligibility shall be
11one hundred dollars ($100).

12(4) The fee for the standard written examination shall be a
13maximum of one hundred fifty dollars ($150). The fee for the
14clinical vignette examination shall be one hundred dollars ($100).

15(A) An applicant who fails to appear for an examination, after
16having been scheduled to take the examination, shall forfeit the
17examination fees.

18(B) The amount of the examination fees shall be based on the
19actual cost to the board of developing, purchasing, and grading
20each examination and the actual cost to the board of administering
21each examination. The written examination fees shall be adjusted
22periodically by regulation to reflect the actual costs incurred by
23the board.

24(5) The fee for rescoring an examination shall be twenty dollars
25($20).

26(6) The fee for issuance of an initial license shall be a maximum
27of one hundred fifty-five dollars ($155).

28(7) The fee for license renewal shall be a maximum of one
29hundred fifty-five dollars ($155).

30(8) The fee for inactive license renewal shall be a maximum of
31seventy-seven dollars and fifty cents ($77.50).

32(9) The renewal delinquency fee shall be a maximum of
33seventy-five dollars ($75). A person who permits his or her license
34to expire is subject to the delinquency fee.

35(10) The fee for issuance of a replacement registration, license,
36or certificate shall be twenty dollars ($20).

37(11) The fee for issuance of a certificate or letter of good
38standing shall be twenty-five dollars ($25).

39(12) The fee for issuance of a retired license shall be forty dollars
40($40).

P41   1(b) With regard to license, examination, and other fees, the
2board shall establish fee amounts at or below the maximum
3amounts specified in this chapter.

4(c) This section shall remain in effect only until January 1, 2016,
5and as of that date is repealed, unless a later enacted statute, that
6is enacted before January 1, 2016, deletes or extends that date.

7

SEC. 46.  

Section 4996.3 of the Business and Professions Code,
8as amended by Section 55 of Chapter 799 of the Statutes of 2012,
9is amended to read:

10

4996.3.  

(a) The board shall assess the following fees relating
11to the licensure of clinical social workers:

12(1) The application fee for registration as an associate clinical
13social worker shall be seventy-five dollars ($75).

14(2) The fee for renewal of an associate clinical social worker
15registration shall be seventy-five dollars ($75).

16(3) The fee for application for examination eligibility shall be
17one hundred dollars ($100).

18(4) The fee for the clinical examination shall be one hundred
19dollars ($100). The fee for the California law and ethics
20examination shall be one hundred dollars ($100).

21(A) An applicant who fails to appear for an examination, after
22having been scheduled to take the examination, shall forfeit the
23examination fees.

24(B) The amount of the examination fees shall be based on the
25actual cost to the board of developing, purchasing, and grading
26each examination and the actual cost to the board of administering
27each examination. The written examination fees shall be adjusted
28periodically by regulation to reflect the actual costs incurred by
29the board.

30(5) The fee for rescoring an examination shall be twenty dollars
31($20).

32(6) The fee for issuance of an initial license shall be a maximum
33of one hundred fifty-five dollars ($155).

34(7) The fee for license renewal shall be a maximum of one
35hundred fifty-five dollars ($155).

36(8) The fee for inactive license renewal shall be a maximum of
37seventy-seven dollars and fifty cents ($77.50).

38(9) The renewal delinquency fee shall be a maximum of
39seventy-five dollars ($75). A person who permits his or her license
40to expire is subject to the delinquency fee.

P42   1(10) The fee for issuance of a replacement registration, license,
2or certificate shall be twenty dollars ($20).

3(11) The fee for issuance of a certificate or letter of good
4standing shall be twenty-five dollars ($25).

5(12) The fee for issuance of a retired license shall be forty dollars
6($40).

7(b) With regard to license, examination, and other fees, the
8board shall establish fee amounts at or below the maximum
9amounts specified in this chapter.

10(c) This section shall become operative on January 1, 2016.

11

SEC. 47.  

Section 4996.4 of the Business and Professions Code,
12as amended by Section 56 of Chapter 799 of the Statutes of 2012,
13is amended to read:

14

4996.4.  

(a) An applicant who fails a standard or clinical
15vignette written examination may, within one year from the
16notification date of failure, retake that examination as regularly
17scheduled, without further application, upon payment of the
18required examination fees. Thereafter, the applicant shall not be
19eligible for further examination until he or she files a new
20application, meets all current requirements, and pays all required
21fees.

22(b) This section shall remain in effect only until January 1, 2016,
23and as of that date is repealed, unless a later enacted statute, that
24is enacted before January 1, 2016, deletes or extends that date.

25

SEC. 48.  

Section 4996.4 of the Business and Professions Code,
26as amended by Section 57 of Chapter 799 of the Statutes of 2012,
27is amended to read:

28

4996.4.  

(a) Effective January 1, 2016, an applicant who fails
29the clinical examination may, within one year from the notification
30date of failure, retake that examination as regularly scheduled,
31without further application, upon payment of the required
32examination fees. Thereafter, the applicant shall not be eligible
33for further examination until he or she files a new application,
34meets all current requirements, and pays all required fees.

35(b) This section shall become operative on January 1, 2016.

36

SEC. 49.  

Section 4996.9 of the Business and Professions Code
37 is amended to read:

38

4996.9.  

The practice of clinical social work is defined as a
39service in which a special knowledge of social resources, human
40capabilities, and the part that unconscious motivation plays in
P43   1determining behavior, is directed at helping people to achieve more
2adequate, satisfying, and productive social adjustments. The
3application of social work principles and methods includes, but is
4not restricted to, counseling and using applied psychotherapy of
5a nonmedical nature with individuals, families, or groups; providing
6information and referral services; providing or arranging for the
7provision of social services; explaining or interpreting the
8psychosocial aspects in the situations of individuals, families, or
9groups; helping communities to organize, to provide, or to improve
10social or health services; doing research related to social work;
11and the use, application, and integration of the coursework and
12experience required by Sections 4996.2 and 4996.23.

13Psychotherapy, within the meaning of this chapter, is the use of
14psychosocial methods within a professional relationship, to assist
15the person or persons to achieve a better psychosocial adaptation,
16to acquire greater human realization of psychosocial potential and
17adaptation, and to modify internal and external conditions which
18affect individuals, groups, or communities in respect to behavior,
19emotions, and thinking, in respect to their intrapersonal and
20interpersonal processes.

21

SEC. 50.  

Section 4996.17 of the Business and Professions
22Code
is amended to read:

23

4996.17.  

(a) (1) Experience gained outside of California shall
24be accepted toward the licensure requirements if it is substantially
25the equivalent of the requirements of this chapter.

26(2) Commencing January 1, 2014, an applicant with experience
27gained outside of California shall complete an 18-hour course in
28California law and professional ethics. The content of the course
29shall include, but not be limited to, the following: advertising,
30scope of practice, scope of competence, treatment of minors,
31confidentiality, dangerous patients, psychotherapist-patient
32privilege, recordkeeping, patient access to records, state and federal
33laws related to confidentiality of patient health information, dual
34relationships, child abuse, elder and dependent adult abuse, online
35therapy, insurance reimbursement, civil liability, disciplinary
36actions and unprofessional conduct, ethics complaints and ethical
37standards, termination of therapy, standards of care, relevant family
38law, therapist disclosures to patients, differences in legal and ethical
39standards in different types of work settings, and licensing law
40and process.

P44   1(b) The board may issue a license to any person who, at the time
2of application, holds a valid active clinical social work license
3issued by a board of clinical social work examiners or
4corresponding authority of any state, if the person passes, or has
5passed, the licensing examinations as specified in Section 4996.1
6and pays the required fees. Issuance of the license is conditioned
7upon all of the following:

8(1) The applicant has supervised experience that is substantially
9the equivalent of that required by this chapter. If the applicant has
10less than 3,200 hours of qualifying supervised experience, time
11actively licensed as a clinical social worker shall be accepted at a
12rate of 100 hours per month up to a maximum of 1,200 hours.

13(2) Completion of the following coursework or training in or
14out of this state:

15(A) A minimum of seven contact hours of training or coursework
16in child abuse assessment and reporting as specified in Section 28,
17and any regulations promulgated thereunder.

18(B) A minimum of 10 contact hours of training or coursework
19in human sexuality as specified in Section 25, and any regulations
20promulgated thereunder.

21(C) A minimum of 15 contact hours of training or coursework
22in alcoholism and other chemical substance dependency, as
23specified by regulation.

24(D) A minimum of 15 contact hours of coursework or training
25in spousal or partner abuse assessment, detection, and intervention
26strategies.

27(3) Commencing January 1, 2014, completion of an 18-hour
28course in California law and professional ethics. The content of
29the course shall include, but not be limited to, the following:
30advertising, scope of practice, scope of competence, treatment of
31minors, confidentiality, dangerous patients, psychotherapist-patient
32privilege, recordkeeping, patient access to records, state and federal
33laws related to confidentiality of patient health information, dual
34relationships, child abuse, elder and dependent adult abuse, online
35therapy, insurance reimbursement, civil liability, disciplinary
36actions and unprofessional conduct, ethics complaints and ethical
37standards, termination of therapy, standards of care, relevant family
38law, therapist disclosures to patients, differences in legal and ethical
39standards in different types of work settings, and licensing law
40and process.

P45   1(4) The applicant’s license is not suspended, revoked, restricted,
2sanctioned, or voluntarily surrendered in any state.

3(5) The applicant is not currently under investigation in any
4other state, and has not been charged with an offense for any act
5substantially related to the practice of social work by any public
6agency, entered into any consent agreement or been subject to an
7administrative decision that contains conditions placed by an
8agency upon an applicant’s professional conduct or practice,
9including any voluntary surrender of license, or been the subject
10of an adverse judgment resulting from the practice of social work
11that the board determines constitutes evidence of a pattern of
12incompetence or negligence.

13(6) The applicant shall provide a certification from each state
14where he or she holds a license pertaining to licensure, disciplinary
15action, and complaints pending.

16(7) The applicant is not subject to denial of licensure under
17Section 480, 4992.3, 4992.35, or 4992.36.

18(c) The board may issue a license to any person who, at the time
19of application, holds a valid, active clinical social work license
20issued by a board of clinical social work examiners or a
21corresponding authority of any state, if the person has held that
22license for at least four years immediately preceding the date of
23application, the person passes, or has passed, the licensing
24examinations as specified in Section 4996.1, and the person pays
25the required fees. Issuance of the license is conditioned upon all
26of the following:

27(1) Completion of the following coursework or training in or
28out of state:

29(A) A minimum of seven contact hours of training or coursework
30in child abuse assessment and reporting as specified in Section 28,
31and any regulations promulgated thereunder.

32(B) A minimum of 10 contact hours of training or coursework
33in human sexuality as specified in Section 25, and any regulations
34promulgated thereunder.

35(C) A minimum of 15 contact hours of training or coursework
36in alcoholism and other chemical substance dependency, as
37specified by regulation.

38(D) A minimum of 15 contact hours of coursework or training
39in spousal or partner abuse assessment, detection, and intervention
40strategies.

P46   1(2) Commencing January 1, 2014, completion of an 18-hour
2course in California law and professional ethics. The content of
3the course shall include, but not be limited to, the following:
4advertising, scope of practice, scope of competence, treatment of
5minors, confidentiality, dangerous patients, psychotherapist-patient
6privilege, recordkeeping, patient access to records, state and federal
7laws related to confidentiality of patient health information, dual
8relationships, child abuse, elder and dependent adult abuse, online
9therapy, insurance reimbursement, civil liability, disciplinary
10actions and unprofessional conduct, ethics complaints and ethical
11standards, termination of therapy, standards of care, relevant family
12law, therapist disclosures to patients, differences in legal and ethical
13standards in different types of work settings, and licensing law
14and process.

15(3) The applicant has been licensed as a clinical social worker
16continuously for a minimum of four years prior to the date of
17application.

18(4) The applicant’s license is not suspended, revoked, restricted,
19sanctioned, or voluntarily surrendered in any state.

20(5) The applicant is not currently under investigation in any
21other state, and has not been charged with an offense for any act
22substantially related to the practice of social work by any public
23agency, entered into any consent agreement or been subject to an
24administrative decision that contains conditions placed by an
25agency upon an applicant’s professional conduct or practice,
26including any voluntary surrender of license, or been the subject
27of an adverse judgment resulting from the practice of social work
28that the board determines constitutes evidence of a pattern of
29incompetence or negligence.

30(6) The applicant provides a certification from each state where
31he or she holds a license pertaining to licensure, disciplinary action,
32and complaints pending.

33(7) The applicant is not subject to denial of licensure under
34Section 480, 4992.3, 4992.35, or 4992.36.

35(d) Commencing January 1, 2016, an applicant who obtained
36his or her license or registration under another jurisdiction may
37apply for licensure with the board without taking the clinical
38examination specified in Section 4996.1 if the applicant obtained
39a passing score on the licensing examination set forth in regulation
40as accepted by the board.

P47   1

SEC. 51.  

Section 4996.18 of the Business and Professions
2Code
is amended to read:

3

4996.18.  

(a) A person who wishes to be credited with
4experience toward licensure requirements shall register with the
5board as an associate clinical social worker prior to obtaining that
6experience. The application shall be made on a form prescribed
7by the board.

8(b) An applicant for registration shall satisfy the following
9requirements:

10(1) Possess a master’s degree from an accredited school or
11department of social work.

12(2) Have committed no crimes or acts constituting grounds for
13denial of licensure under Section 480.

14(3) Commencing January 1, 2014, have completed training or
15 coursework, which may be embedded within more than one course,
16in California law and professional ethics for clinical social workers,
17including instruction in all of the following areas of study:

18(A) Contemporary professional ethics and statutes, regulations,
19and court decisions that delineate the scope of practice of clinical
20social work.

21(B) The therapeutic, clinical, and practical considerations
22involved in the legal and ethical practice of clinical social work,
23including, but not limited to, family law.

24(C) The current legal patterns and trends in the mental health
25professions.

26(D) The psychotherapist-patient privilege, confidentiality,
27dangerous patients, and the treatment of minors with and without
28parental consent.

29(E) A recognition and exploration of the relationship between
30a practitioner’s sense of self and human values, and his or her
31professional behavior and ethics.

32(F) Differences in legal and ethical standards for different types
33of work settings.

34(G) Licensing law and process.

35(c) An applicant who possesses a master’s degree from a school
36or department of social work that is a candidate for accreditation
37by the Commission on Accreditation of the Council on Social
38Work Education shall be eligible, and shall be required, to register
39as an associate clinical social worker in order to gain experience
40toward licensure if the applicant has not committed any crimes or
P48   1acts that constitute grounds for denial of licensure under Section
2480. That applicant shall not, however, be eligible for examination
3until the school or department of social work has received
4accreditation by the Commission on Accreditation of the Council
5on Social Work Education.

6(d) All applicants and registrants shall be at all times under the
7supervision of a supervisor who shall be responsible for ensuring
8that the extent, kind, and quality of counseling performed is
9consistent with the training and experience of the person being
10supervised, and who shall be responsible to the board for
11compliance with all laws, rules, and regulations governing the
12practice of clinical social work.

13(e) Any experience obtained under the supervision of a spouse
14or relative by blood or marriage shall not be credited toward the
15required hours of supervised experience. Any experience obtained
16under the supervision of a supervisor with whom the applicant has
17a personal relationship that undermines the authority or
18effectiveness of the supervision shall not be credited toward the
19required hours of supervised experience.

20(f) An applicant who possesses a master’s degree from an
21accredited school or department of social work shall be able to
22apply experience the applicant obtained during the time the
23accredited school or department was in candidacy status by the
24Commission on Accreditation of the Council on Social Work
25Education toward the licensure requirements, if the experience
26meets the requirements of Section 4996.23. This subdivision shall
27apply retroactively to persons who possess a master’s degree from
28an accredited school or department of social work and who
29obtained experience during the time the accredited school or
30department was in candidacy status by the Commission on
31Accreditation of the Council on Social Work Education.

32(g) An applicant for registration or licensure trained in an
33educational institution outside the United States shall demonstrate
34to the satisfaction of the board that he or she possesses a master’s
35of social work degree that is equivalent to a master’s degree issued
36from a school or department of social work that is accredited by
37the Commission on Accreditation of the Council on Social Work
38Education. These applicants shall provide the board with a
39comprehensive evaluation of the degree and shall provide any
40other documentation the board deems necessary. The board has
P49   1the authority to make the final determination as to whether a degree
2meets all requirements, including, but not limited to, course
3requirements regardless of evaluation or accreditation.

4(h) A registrant shall not provide clinical social work services
5to the public for a fee, monetary or otherwise, except as an
6employee.

7(i) A registrant shall inform each client or patient prior to
8performing any professional services that he or she is unlicensed
9and is under the supervision of a licensed professional.

begin delete
10

SEC. 52.  

Section 4996.23 of the Business and Professions
11Code
is amended to read:

12

4996.23.  

The experience required by subdivision (c) of Section
134996.2 shall meet the following criteria:

14(a) All persons registered with the board on and after January
151, 2002, shall have at least 3,200 hours of post-master’s degree
16supervised experience providing clinical social work services as
17permitted by Section 4996.9. At least 1,700 hours shall be gained
18under the supervision of a licensed clinical social worker. The
19remaining required supervised experience may be gained under
20the supervision of a licensed mental health professional acceptable
21to the board as defined by a regulation adopted by the board. This
22experience shall consist of the following:

23(1) A minimum of 2,000 hours in clinical psychosocial
24diagnosis, assessment, and treatment, including psychotherapy or
25counseling.

26(2) A maximum of 1,200 hours in client centered advocacy,
27consultation, evaluation, and research.

28(3) Of the 2,000 clinical hours required in paragraph (1), no less
29than 750 hours shall be face-to-face individual or group
30psychotherapy provided to clients in the context of clinical social
31work services.

32(4) A minimum of two years of supervised experience is required
33to be obtained over a period of not less than 104 weeks and shall
34have been gained within the six years immediately preceding the
35date on which the application for licensure was filed.

36(5) Experience shall not be credited for more than 40 hours in
37any week.

38(b) “Supervision” means responsibility for, and control of, the
39quality of clinical social work services being provided.
P50   1Consultation or peer discussion shall not be considered to be
2supervision.

3(c) (1) Prior to the commencement of supervision, a supervisor
4shall comply with all requirements enumerated in Section 1870 of
5Title 16 of the California Code of Regulations and shall sign under
6penalty of perjury the “Responsibility Statement for Supervisors
7of an Associate Clinical Social Worker” form.

8(2) Supervised experience shall include at least one hour of
9direct supervisor contact for a minimum of 104 weeks. For
10purposes of this subdivision, “one hour of direct supervisor contact”
11means one hour per week of face-to-face contact on an individual
12basis or two hours of face-to-face contact in a group conducted
13within the same week as the hours claimed.

14(3) An associate shall receive at least one additional hour of
15direct supervisor contact for every week in which more than 10
16hours of face-to-face psychotherapy is performed in each setting
17in which experience is gained. No more than five hours of
18supervision, whether individual or group, shall be credited during
19any single week.

20(4) Group supervision shall be provided in a group of not more
21than eight supervisees and shall be provided in segments lasting
22no less than one continuous hour.

23(5) Of the 104 weeks of required supervision, 52 weeks shall
24be individual supervision, and of the 52 weeks of required
25individual supervision, not less than 13 weeks shall be supervised
26by a licensed clinical social worker.

27(6) Notwithstanding paragraph (2), an associate clinical social
28worker working for a governmental entity, school, college, or
29university, or an institution that is both a nonprofit and charitable
30institution, may obtain the required weekly direct supervisor
31contact via live two-way videoconferencing. The supervisor shall
32be responsible for ensuring that client confidentiality is preserved.

33(d) The supervisor and the associate shall develop a supervisory
34plan that describes the goals and objectives of supervision. These
35goals shall include the ongoing assessment of strengths and
36limitations and the assurance of practice in accordance with the
37laws and regulations. The associate shall submit to the board the
38initial original supervisory plan upon application for licensure.

39(e) Experience shall only be gained in a setting that meets both
40of the following:

P51   1(1) Lawfully and regularly provides clinical social work, mental
2health counseling, or psychotherapy.

3(2) Provides oversight to ensure that the associate’s work at the
4setting meets the experience and supervision requirements set forth
5in this chapter and is within the scope of practice for the profession
6as defined in Section 4996.9.

7(f) Experience shall not be gained until the applicant has been
8registered as an associate clinical social worker.

9(g) Employment in a private practice as defined in subdivision
10(h) shall not commence until the applicant has been registered as
11an associate clinical social worker.

12(h) A private practice setting is a setting that is owned by a
13licensed clinical social worker, a licensed marriage and family
14 therapist, a licensed psychologist, a licensed physician and surgeon,
15or a professional corporation of any of those licensed professions.

16(i) Experience shall not be gained by an associate for work
17performed as an independent contractor or reported on an IRS
18Form 1099.

19(j) If volunteering, the associate shall provide the board with a
20letter from his or her employer verifying his or her voluntary status
21upon application for licensure.

22(k) If employed, the associate shall provide the board with copies
23of his or her W-2 tax forms for each year of experience claimed
24upon application for licensure.

25(l) While an associate may be either a paid employee or
26volunteer, employers are encouraged to provide fair remuneration
27to associates.

28(m) An associate shall not do the following:

29(1) Receive any remuneration from patients or clients and shall
30only be paid by his or her employer.

31(2) Have any proprietary interest in the employer’s business.

32(3) Lease or rent space, pay for furnishings, equipment, or
33supplies, or in any other way pay for the obligations of his or her
34employer.

35(n) An associate, whether employed or volunteering, may obtain
36supervision from a person not employed by the associate’s
37employer if that person has signed a written agreement with the
38employer to take supervisory responsibility for the associate’s
39social work services.

P52   1(o) Notwithstanding any other provision of law, associates and
2applicants for examination shall receive a minimum of one hour
3of supervision per week for each setting in which he or she is
4working.

end delete
5

begin deleteSEC. 53.end delete
6begin insertSEC. 52.end insert  

Section 4996.28 of the Business and Professions Code
7 is amended to read:

8

4996.28.  

(a) Registration as an associate clinical social worker
9shall expire one year from the last day of the month during which
10it was issued. To renew a registration, the registrant shall, on or
11before the expiration date of the registration, complete all of the
12following actions:

13(1) Apply for renewal on a form prescribed by the board.

14(2) Pay a renewal fee prescribed by the board.

15(3) Notify the board whether he or she has been convicted, as
16defined in Section 490, of a misdemeanor or felony, and whether
17any disciplinary action has been taken by a regulatory or licensing
18board in this or any other state, subsequent to the last renewal of
19 the registration.

20(4) On and after January 1, 2016, obtain a passing score on the
21California law and ethics examination pursuant to Section 4992.09.

22(b) A registration as an associate clinical social worker may be
23renewed a maximum of five times. When no further renewals are
24possible, an applicant may apply for and obtain a new associate
25clinical social worker registration if the applicant meets all
26requirements for registration in effect at the time of his or her
27application for a new associate clinical social worker registration.
28An applicant issued a subsequent associate registration pursuant
29to this subdivision may be employed or volunteer in any allowable
30work setting except private practice.

31

begin deleteSEC. 54.end delete
32begin insertSEC. 53.end insert  

Section 4999.20 of the Business and Professions Code
33 is amended to read:

34

4999.20.  

(a) (1) “Professional clinical counseling” means the
35application of counseling interventions and psychotherapeutic
36techniques to identify and remediate cognitive, mental, and
37emotional issues, including personal growth, adjustment to
38disability, crisis intervention, and psychosocial and environmental
39problems, and the use, application, and integration of the
40coursework and training required by Sections 4999.32 and 4999.33.
P53   1“Professional clinical counseling” includes conducting assessments
2for the purpose of establishing counseling goals and objectives to
3empower individuals to deal adequately with life situations, reduce
4stress, experience growth, change behavior, and make
5well-informed, rational decisions.

6(2) “Professional clinical counseling” is focused exclusively on
7the application of counseling interventions and psychotherapeutic
8techniques for the purposes of improving mental health, and is not
9intended to capture other, nonclinical forms of counseling for the
10purposes of licensure. For purposes of this paragraph, “nonclinical”
11means nonmental health.

12(3) “Professional clinical counseling” does not include the
13assessment or treatment of couples or families unless the
14professional clinical counselor has completed all of the following
15additional training and education, beyond the minimum training
16and education required for licensure:

17(A) One of the following:

18(i) Six semester units or nine quarter units specifically focused
19on the theory and application of marriage and family therapy.

20(ii) A named specialization or emphasis area on the qualifying
21degree in marriage and family therapy; marital and family therapy;
22marriage, family, and child counseling; or couple and family
23therapy.

24(B) No less than 500 hours of documented supervised experience
25working directly with couples, families, or children.

26(C) A minimum of six hours of continuing education specific
27to marriage and family therapy, completed in each license renewal
28cycle.

29(4) “Professional clinical counseling” does not include the
30provision of clinical social work services.

31(b) “Counseling interventions and psychotherapeutic techniques”
32means the application of cognitive, affective, verbal or nonverbal,
33systemic or holistic counseling strategies that include principles
34of development, wellness, and maladjustment that reflect a
35pluralistic society. These interventions and techniques are
36specifically implemented in the context of a professional clinical
37counseling relationship and use a variety of counseling theories
38and approaches.

39(c) “Assessment” means selecting, administering, scoring, and
40interpreting tests, instruments, and other tools and methods
P54   1designed to measure an individual’s attitudes, abilities, aptitudes,
2achievements, interests, personal characteristics, disabilities, and
3mental, emotional, and behavioral concerns and development and
4the use of methods and techniques for understanding human
5behavior in relation to coping with, adapting to, or ameliorating
6changing life situations, as part of the counseling process.
7“Assessment” shall not include the use of projective techniques
8in the assessment of personality, individually administered
9intelligence tests, neuropsychological testing, or utilization of a
10battery of three or more tests to determine the presence of
11psychosis, dementia, amnesia, cognitive impairment, or criminal
12behavior.

13(d) Professional clinical counselors shall refer clients to other
14licensed health care professionals when they identify issues beyond
15their own scope of education, training, and experience.

16

begin deleteSEC. 55.end delete
17begin insertSEC. 54.end insert  

Section 4999.33 of the Business and Professions Code
18 is amended to read:

19

4999.33.  

(a) This section shall apply to the following:

20(1) Applicants for examination eligibility or registration who
21begin graduate study before August 1, 2012, and do not complete
22that study on or before December 31, 2018.

23(2) Applicants for examination eligibility or registration who
24begin graduate study before August 1, 2012, and who graduate
25from a degree program that meets the requirements of this section.

26(3) Applicants for examination eligibility or registration who
27begin graduate study on or after August 1, 2012.

28(b) To qualify for examination eligibility or registration,
29 applicants shall possess a master’s or doctoral degree that is
30counseling or psychotherapy in content and that meets the
31requirements of this section, obtained from an accredited or
32approved institution, as defined in Section 4999.12. For purposes
33of this subdivision, a degree is “counseling or psychotherapy in
34content” if it contains the supervised practicum or field study
35experience described in paragraph (3) of subdivision (c) and, except
36as provided in subdivision (f), the coursework in the core content
37areas listed in subparagraphs (A) to (M), inclusive, of paragraph
38(1) of subdivision (c).

39(c) The degree described in subdivision (b) shall contain not
40less than 60 graduate semester or 90 graduate quarter units of
P55   1instruction, which shall, except as provided in subdivision (f),
2include all of the following:

3(1) The equivalent of at least three semester units or four and
4 one-half quarter units of graduate study in all of the following core
5content areas:

6(A) Counseling and psychotherapeutic theories and techniques,
7including the counseling process in a multicultural society, an
8orientation to wellness and prevention, counseling theories to assist
9in selection of appropriate counseling interventions, models of
10counseling consistent with current professional research and
11practice, development of a personal model of counseling, and
12multidisciplinary responses to crises, emergencies, and disasters.

13(B) Human growth and development across the lifespan,
14including normal and abnormal behavior and an understanding of
15developmental crises, disability, psychopathology, and situational
16and environmental factors that affect both normal and abnormal
17behavior.

18(C) Career development theories and techniques, including
19career development decisionmaking models and interrelationships
20among and between work, family, and other life roles and factors,
21including the role of multicultural issues in career development.

22(D) Group counseling theories and techniques, including
23principles of group dynamics, group process components, group
24developmental stage theories, therapeutic factors of group work,
25group leadership styles and approaches, pertinent research and
26literature, group counseling methods, and evaluation of
27effectiveness.

28(E) Assessment, appraisal, and testing of individuals, including
29basic concepts of standardized and nonstandardized testing and
30other assessment techniques, norm-referenced and
31criterion-referenced assessment, statistical concepts, social and
32cultural factors related to assessment and evaluation of individuals
33and groups, and ethical strategies for selecting, administering, and
34interpreting assessment instruments and techniques in counseling.

35(F) Multicultural counseling theories and techniques, including
36counselors’ roles in developing cultural self-awareness, identity
37development, promoting cultural social justice, individual and
38community strategies for working with and advocating for diverse
39populations, and counselors’ roles in eliminating biases and
P56   1prejudices, and processes of intentional and unintentional
2oppression and discrimination.

3(G) Principles of the diagnostic process, including differential
4diagnosis, and the use of current diagnostic tools, such as the
5current edition of the Diagnostic and Statistical Manual, the impact
6of co-occurring substance use disorders or medical psychological
7disorders, established diagnostic criteria for mental or emotional
8disorders, and the treatment modalities and placement criteria
9within the continuum of care.

10(H) Research and evaluation, including studies that provide an
11understanding of research methods, statistical analysis, the use of
12research to inform evidence-based practice, the importance of
13research in advancing the profession of counseling, and statistical
14methods used in conducting research, needs assessment, and
15program evaluation.

16(I) Professional orientation, ethics, and law in counseling,
17including California law and professional ethics for professional
18clinical counselors, professional ethical standards and legal
19considerations, licensing law and process, regulatory laws that
20delineate the profession’s scope of practice, counselor-client
21privilege, confidentiality, the client dangerous to self or others,
22treatment of minors with or without parental consent, relationship
23between practitioner’s sense of self and human values, functions
24and relationships with other human service providers, strategies
25for collaboration, and advocacy processes needed to address
26institutional and social barriers that impede access, equity, and
27success for clients.

28(J) Psychopharmacology, including the biological bases of
29behavior, basic classifications, indications, and contraindications
30of commonly prescribed psychopharmacological medications so
31that appropriate referrals can be made for medication evaluations
32and so that the side effects of those medications can be identified.

33(K) Addictions counseling, including substance abuse,
34co-occurring disorders, and addiction, major approaches to
35identification, evaluation, treatment, and prevention of substance
36abuse and addiction, legal and medical aspects of substance abuse,
37populations at risk, the role of support persons, support systems,
38and community resources.

39(L) Crisis or trauma counseling, including crisis theory;
40multidisciplinary responses to crises, emergencies, or disasters;
P57   1cognitive, affective, behavioral, and neurological effects associated
2with trauma; brief, intermediate, and long-term approaches; and
3assessment strategies for clients in crisis and principles of
4intervention for individuals with mental or emotional disorders
5during times of crisis, emergency, or disaster.

6(M) Advanced counseling and psychotherapeutic theories and
7techniques, including the application of counseling constructs,
8assessment and treatment planning, clinical interventions,
9therapeutic relationships, psychopathology, or other clinical topics.

10(2) In addition to the course requirements described in paragraph
11(1), 15 semester units or 22.5 quarter units of advanced coursework
12to develop knowledge of specific treatment issues or special
13populations.

14(3) Not less than six semester units or nine quarter units of
15supervised practicum or field study experience, or the equivalent,
16in a clinical setting that provides a range of professional clinical
17counseling experience, including the following:

18(A) Applied psychotherapeutic techniques.

19(B) Assessment.

20(C) Diagnosis.

21(D) Prognosis.

22(E) Treatment.

23(F) Issues of development, adjustment, and maladjustment.

24(G) Health and wellness promotion.

25(H) Professional writing including documentation of services,
26treatment plans, and progress notes.

27(I) How to find and use resources.

28(J) Other recognized counseling interventions.

29(K) A minimum of 280 hours of face-to-face supervised clinical
30experience counseling individuals, families, or groups.

31(d) The 60 graduate semester units or 90 graduate quarter units
32of instruction required pursuant to subdivision (c) shall, in addition
33to meeting the requirements of subdivision (c), include instruction
34in all of the following:

35(1) The understanding of human behavior within the social
36context of socioeconomic status and other contextual issues
37affecting social position.

38(2) The understanding of human behavior within the social
39context of a representative variety of the cultures found within
40California.

P58   1(3) Cultural competency and sensitivity, including a familiarity
2with the racial, cultural, linguistic, and ethnic backgrounds of
3persons living in California.

4(4) An understanding of the effects of socioeconomic status on
5treatment and available resources.

6(5) Multicultural development and cross-cultural interaction,
7including experiences of race, ethnicity, class, spirituality, sexual
8orientation, gender, and disability and their incorporation into the
9psychotherapeutic process.

10(6) Case management, systems of care for the severely mentally
11ill, public and private services for the severely mentally ill,
12community resources for victims of abuse, disaster and trauma
13response, advocacy for the severely mentally ill, and collaborative
14treatment. The instruction required in this paragraph may be
15provided either in credit level coursework or through extension
16programs offered by the degree-granting institution.

17(7) Human sexuality, including the study of the physiological,
18psychological, and social cultural variables associated with sexual
19behavior, gender identity, and the assessment and treatment of
20psychosexual dysfunction.

21(8) Spousal or partner abuse assessment, detection, intervention
22strategies, and same gender abuse dynamics.

23(9) A minimum of seven contact hours of training or coursework
24in child abuse assessment and reporting, as specified in Section
2528, and any regulations promulgated thereunder.

26(10) Aging and long-term care, including biological, social,
27cognitive, and psychological aspects of aging. This coursework
28shall include instruction on the assessment and reporting of, as
29well as treatment related to, elder and dependent adult abuse and
30neglect.

31(e) A degree program that qualifies for licensure under this
32section shall do all of the following:

33(1) Integrate the principles of mental health recovery-oriented
34care and methods of service delivery in recovery-oriented practice
35environments.

36(2) Integrate an understanding of various cultures and the social
37and psychological implications of socioeconomic position.

38(3) Provide the opportunity for students to meet with various
39consumers and family members of consumers of mental health
P59   1services to enhance understanding of their experience of mental
2illness, treatment, and recovery.

3(f) (1) An applicant whose degree is deficient in no more than
4three of the required areas of study listed in subparagraphs (A) to
5(M), inclusive, of paragraph (1) of subdivision (c) may satisfy
6those deficiencies by successfully completing post-master’s or
7postdoctoral degree coursework at an accredited or approved
8institution, as defined in Section 4999.12.

9(2) Coursework taken to meet deficiencies in the required areas
10of study listed in subparagraphs (A) to (M), inclusive, of paragraph
11(1) of subdivision (c) shall be the equivalent of three semester units
12or four and one-half quarter units of study.

13(3) The board shall make the final determination as to whether
14a degree meets all requirements, including, but not limited to,
15course requirements, regardless of accreditation.

16

begin deleteSEC. 56.end delete
17begin insertSEC. 55.end insert  

Section 4999.45 of the Business and Professions
18Code
, as amended by Section 62 of Chapter 799 of the Statutes of
192012, is amended to read:

20

4999.45.  

An intern employed under this chapter shall:

21(a) Not perform any duties, except for those services provided
22as a clinical counselor trainee, until registered as an intern.

23(b) Not be employed or volunteer in a private practice until
24registered as an intern.

25(c) Inform each client prior to performing any professional
26services that he or she is unlicensed and under supervision.

27(d) Renew annually for a maximum of five years after initial
28registration with the board.

29(e) When no further renewals are possible, an applicant may
30apply for and obtain a new intern registration if the applicant meets
31the educational requirements for registration in effect at the time
32of the application for a new intern registration. An applicant issued
33a subsequent intern registration pursuant to this subdivision may
34be employed or volunteer in any allowable work setting except
35private practice.

36(f) This section shall remain in effect only until January 1, 2016,
37and as of that date is repealed, unless a later enacted statute, that
38is enacted before January 1, 2016, deletes or extends that date.

P60   1

begin deleteSEC. 57.end delete
2begin insertSEC. 56.end insert  

Section 4999.45 of the Business and Professions
3Code
, as amended by Section 63 of Chapter 799 of the Statutes of
42012, is amended to read:

5

4999.45.  

(a) An intern employed under this chapter shall:

6(1) Not perform any duties, except for those services provided
7as a clinical counselor trainee, until registered as an intern.

8(2) Not be employed or volunteer in a private practice until
9registered as an intern.

10(3) Inform each client prior to performing any professional
11services that he or she is unlicensed and under supervision.

12(4) Renew annually for a maximum of five years after initial
13registration with the board.

14(b) When no further renewals are possible, an applicant may
15apply for and obtain a new intern registration if the applicant meets
16the educational requirements for registration in effect at the time
17of the application for a new intern registration and has passed the
18California law and ethics examination described in Section
194999.53. An applicant issued a subsequent intern registration
20pursuant to this subdivision may be employed or volunteer in any
21allowable work setting except private practice.

22(c) This section shall become operative on January 1, 2016.

23

begin deleteSEC. 58.end delete
24begin insertSEC. 57.end insert  

Section 4999.46 of the Business and Professions
25Code
, as amended by Section 64 of Chapter 799 of the Statutes of
262012, is amended to read:

27

4999.46.  

(a) To qualify for the licensure examinations specified
28in subdivision (c) of Section 4999.52, applicants shall complete
29clinical mental health experience under the general supervision of
30an approved supervisor as defined in Section 4999.12.

31(b) The experience shall include a minimum of 3,000 postdegree
32hours of supervised clinical mental health experience related to
33the practice of professional clinical counseling, performed over a
34period of not less than two years (104 weeks), which shall include:

35(1) Not more than 40 hours in any seven consecutive days.

36(2) Not less than 1,750 hours of direct counseling with
37individuals or groups in a setting described in Section 4999.44
38using a variety of psychotherapeutic techniques and recognized
39counseling interventions within the scope of practice of licensed
40professional clinical counselors.

P61   1(3) Not more than 500 hours of experience providing group
2therapy or group counseling.

3(4) Not more than 375 hours of experience providing personal
4psychotherapy, crisis counseling, or other counseling services via
5telehealth in accordance with Section 2290.5.

6(5) Not less than 150 hours of clinical experience in a hospital
7or community mental health setting, as defined in Section 1820 of
8Title 16 of the California Code of Regulations.

9(6) Not more than a combined total of 1,250 hours of experience
10in the following related activities:

11(A) Direct supervisor contact.

12(B) Client centered advocacy.

13(C) Not more than 250 hours of experience administering tests
14and evaluating psychological tests of clients, writing clinical
15reports, writing progress notes, or writing process notes.

16(D) Not more than 250 hours of verified attendance at
17workshops, seminars, training sessions, or conferences directly
18related to professional clinical counseling that are approved by the
19applicant’s supervisor.

20(c) No hours of clinical mental health experience may be gained
21more than six years prior to the date the application for examination
22eligibility was filed.

23(d) An applicant shall register with the board as an intern in
24order to be credited for postdegree hours of experience toward
25licensure. Postdegree hours of experience shall be credited toward
26licensure, provided that the applicant applies for intern registration
27within 90 days of the granting of the qualifying degree and is
28registered as an intern by the board.

29(e) All applicants and interns shall be at all times under the
30supervision of a supervisor who shall be responsible for ensuring
31that the extent, kind, and quality of counseling performed is
32consistent with the training and experience of the person being
33supervised, and who shall be responsible to the board for
34compliance with all laws, rules, and regulations governing the
35practice of professional clinical counseling.

36(f) Experience obtained under the supervision of a spouse or
37relative by blood or marriage shall not be credited toward the
38 required hours of supervised experience. Experience obtained
39under the supervision of a supervisor with whom the applicant has
40had or currently has a personal, professional, or business
P62   1relationship that undermines the authority or effectiveness of the
2supervision shall not be credited toward the required hours of
3supervised experience.

4(g) Except for experience gained pursuant to subparagraph (D)
5of paragraph (6) of subdivision (b), supervision shall include at
6least one hour of direct supervisor contact in each week for which
7experience is credited in each work setting.

8(1) No more than five hours of supervision, whether individual
9or group, shall be credited during any single week.

10(2) An intern shall receive at least one additional hour of direct
11supervisor contact for every week in which more than 10 hours of
12 face-to-face psychotherapy is performed in each setting in which
13experience is gained.

14(3) For purposes of this section, “one hour of direct supervisor
15contact” means one hour of face-to-face contact on an individual
16basis or two hours of face-to-face contact in a group of not more
17than eight persons in segments lasting no less than one continuous
18hour.

19(4) Notwithstanding paragraph (3), an intern working in a
20governmental entity, a school, a college, or a university, or an
21institution that is both nonprofit and charitable, may obtain the
22required weekly direct supervisor contact via two-way, real-time
23videoconferencing. The supervisor shall be responsible for ensuring
24that client confidentiality is upheld.

25(h) This section shall remain in effect only until January 1, 2016,
26and as of that date is repealed, unless a later enacted statute, that
27is enacted before January 1, 2016, deletes or extends that date.

28

begin deleteSEC. 59.end delete
29begin insertSEC. 58.end insert  

Section 4999.46 of the Business and Professions
30 Code
, as amended by Section 65 of Chapter 799 of the Statutes of
312012, is amended to read:

32

4999.46.  

(a) To qualify for the licensure examination specified
33by paragraph (2) of subdivision (a) of Section 4999.53, applicants
34shall complete clinical mental health experience under the general
35supervision of an approved supervisor as defined in Section
364999.12.

37(b) The experience shall include a minimum of 3,000 postdegree
38hours of supervised clinical mental health experience related to
39the practice of professional clinical counseling, performed over a
40period of not less than two years (104 weeks), which shall include:

P63   1(1) Not more than 40 hours in any seven consecutive days.

2(2) Not less than 1,750 hours of direct counseling with
3 individuals or groups in a setting described in Section 4999.44
4using a variety of psychotherapeutic techniques and recognized
5counseling interventions within the scope of practice of licensed
6professional clinical counselors.

7(3) Not more than 500 hours of experience providing group
8therapy or group counseling.

9(4) Not more than 375 hours of experience providing personal
10psychotherapy, crisis counseling, or other counseling services via
11telehealth in accordance with Section 2290.5.

12(5) Not less than 150 hours of clinical experience in a hospital
13or community mental health setting, as defined in Section 1820 of
14Title 16 of the California Code of Regulations.

15(6) Not more than a combined total of 1,250 hours of experience
16in the following related activities:

17(A) Direct supervisor contact.

18(B) Client centered advocacy.

19(C) Not more than 250 hours of experience administering tests
20and evaluating psychological tests of clients, writing clinical
21reports, writing progress notes, or writing process notes.

22(D) Not more than 250 hours of verified attendance at
23workshops, seminars, training sessions, or conferences directly
24related to professional clinical counseling that are approved by the
25applicant’s supervisor.

26(c) No hours of clinical mental health experience may be gained
27more than six years prior to the date the application for examination
28eligibility was filed.

29(d) An applicant shall register with the board as an intern in
30order to be credited for postdegree hours of experience toward
31licensure. Postdegree hours of experience shall be credited toward
32licensure, provided that the applicant applies for intern registration
33within 90 days of the granting of the qualifying degree and is
34registered as an intern by the board.

35(e) All applicants and interns shall be at all times under the
36supervision of a supervisor who shall be responsible for ensuring
37that the extent, kind, and quality of counseling performed is
38consistent with the training and experience of the person being
39supervised, and who shall be responsible to the board for
P64   1compliance with all laws, rules, and regulations governing the
2practice of professional clinical counseling.

3(f) Experience obtained under the supervision of a spouse or
4relative by blood or marriage shall not be credited toward the
5required hours of supervised experience. Experience obtained
6under the supervision of a supervisor with whom the applicant has
7had or currently has a personal, professional, or business
8relationship that undermines the authority or effectiveness of the
9supervision shall not be credited toward the required hours of
10supervised experience.

11(g) Except for experience gained pursuant to subparagraph (D)
12of paragraph (6) of subdivision (b), supervision shall include at
13least one hour of direct supervisor contact in each week for which
14experience is credited in each work setting.

15(1) No more than five hours of supervision, whether individual
16or group, shall be credited during any single week.

17(2) An intern shall receive at least one additional hour of direct
18supervisor contact for every week in which more than 10 hours of
19face-to-face psychotherapy is performed in each setting in which
20experience is gained.

21(3) For purposes of this section, “one hour of direct supervisor
22contact” means one hour of face-to-face contact on an individual
23basis or two hours of face-to-face contact in a group of not more
24than eight persons in segments lasting no less than one continuous
25hour.

26(4) Notwithstanding paragraph (3), an intern working in a
27governmental entity, a school, a college, or a university, or an
28institution that is both nonprofit and charitable, may obtain the
29required weekly direct supervisor contact via two-way, real-time
30videoconferencing. The supervisor shall be responsible for ensuring
31that client confidentiality is upheld.

32(h) This section shall become operative on January 1, 2016.

33

begin deleteSEC. 60.end delete
34begin insertSEC. 59.end insert  

Section 4999.47 of the Business and Professions Code
35 is amended to read:

36

4999.47.  

(a) Clinical counselor trainees, interns, and applicants
37shall perform services only as an employee or as a volunteer.

38The requirements of this chapter regarding gaining hours of
39clinical mental health experience and supervision are applicable
40equally to employees and volunteers. Experience shall not be
P65   1gained by interns or traineesbegin delete for work performedend delete as an independent
2contractorbegin delete or reported on an IRS Form 1099end delete.

3(1) If employed, a clinical counselor intern shall provide the
4board with copies of the corresponding W-2 tax forms for each
5year of experience claimed upon application for licensure as a
6professional clinical counselor.

7(2) If volunteering, a clinical counselor intern shall provide the
8board with a letter from his or her employer verifying the intern’s
9employment as a volunteer upon application for licensure as a
10professional clinical counselor.

11(b) Clinical counselor trainees, interns, and applicants shall not
12receive any remuneration from patients or clients, and shall only
13be paid by their employers.

14(c) While an intern may be either a paid employee or a volunteer,
15employers are encouraged to provide fair remuneration.

16(d) Clinical counselor trainees, interns, and applicants who
17provide voluntary services or other services, and who receive no
18more than a total, from all work settings, of five hundred dollars
19($500) per month as reimbursement for expenses actually incurred
20by those clinical counselor trainees, interns, and applicants for
21services rendered in any lawful work setting other than a private
22practice shall be considered an employee and not an independent
23contractor.

24(e) The board may audit an intern or applicant who receives
25reimbursement for expenses and the intern or applicant shall have
26the burden of demonstrating that the payments received were for
27reimbursement of expenses actually incurred.

28(f) Clinical counselor trainees, interns, and applicants shall only
29perform services at the place where their employer regularly
30conducts business and services, which may include other locations,
31as long as the services are performed under the direction and
32control of the employer and supervisor in compliance with the
33laws and regulations pertaining to supervision. Clinical counselor
34trainees, interns, and applicants shall have no proprietary interest
35in the employer’s business.

36(g) Each educational institution preparing applicants for
37licensure pursuant to this chapter shall consider requiring, and
38shall encourage, its students to undergo individual, marital or
39conjoint, family, or group counseling or psychotherapy, as
40appropriate. Each supervisor shall consider, advise, and encourage
P66   1his or her interns and clinical counselor trainees regarding the
2advisability of undertaking individual, marital or conjoint, family,
3or group counseling or psychotherapy, as appropriate. Insofar as
4it is deemed appropriate and is desired by the applicant, the
5educational institution and supervisors are encouraged to assist
6the applicant in locating that counseling or psychotherapy at a
7reasonable cost.

8

begin deleteSEC. 61.end delete
9begin insertSEC. 60.end insert  

Section 4999.50 of the Business and Professions
10Code
, as amended by Section 66 of Chapter 799 of the Statutes of
112012, is amended to read:

12

4999.50.  

(a) The board may issue a professional clinical
13counselor license to any person who meets all of the following
14requirements:

15(1) He or she has received a master’s or doctoral degree
16described in Section 4999.32 or 4999.33, as applicable.

17(2) He or she has completed at least 3,000 hours of supervised
18experience in the practice of professional clinical counseling as
19provided in Section 4999.46.

20(3) He or she provides evidence of a passing score, as
21determined by the board, on examinations designated by the board
22pursuant to Section 4999.52.

23(b) An applicant who has satisfied the requirements of this
24chapter shall be issued a license as a professional clinical counselor
25in the form that the board may deem appropriate.

26(c) The board shall begin accepting applications for examination
27eligibility on January 1, 2012.

28(d) This section shall remain in effect only until January 1, 2016,
29and as of that date is repealed, unless a later enacted statute, that
30is enacted before January 1, 2016, deletes or extends that date.

31

begin deleteSEC. 62.end delete
32begin insertSEC. 61.end insert  

Section 4999.50 of the Business and Professions
33Code
, as amended by Section 67 of Chapter 799 of the Statutes of
342012, is amended to read:

35

4999.50.  

(a) The board may issue a professional clinical
36counselor license to any person who meets all of the following
37requirements:

38(1) He or she has received a master’s or doctoral degree
39described in Section 4999.32 or 4999.33, as applicable.

P67   1(2) He or she has completed at least 3,000 hours of supervised
2experience in the practice of professional clinical counseling as
3provided in Section 4999.46.

4(3) He or she provides evidence of a passing score, as
5determined by the board, on the examinations designated in Section
64999.53.

7(b) An applicant who has satisfied the requirements of this
8chapter shall be issued a license as a professional clinical counselor
9in the form that the board may deem appropriate.

10(c) This section shall become operative on January 1, 2016.

11

begin deleteSEC. 63.end delete
12begin insertSEC. 62.end insert  

Section 4999.52 of the Business and Professions
13Code
, as amended by Section 10 of Chapter 800 of the Statutes of
142012, is amended to read:

15

4999.52.  

(a) Except as provided in Section 4999.54, every
16applicant for a license as a professional clinical counselor shall be
17examined by the board. The board shall examine the candidate
18with regard to his or her knowledge and professional skills and his
19or her judgment in the utilization of appropriate techniques and
20methods.

21(b) The examinations shall be given at least twice a year at a
22time and place and under supervision as the board may determine.

23(c) (1) It is the intent of the Legislature that national licensing
24examinations, such as the National Counselor Examination for
25Licensure and Certification (NCE) and the National Clinical Mental
26Health Counselor Examination (NCMHCE), be evaluated by the
27board as requirements for licensure as a professional clinical
28counselor.

29(2) The board shall evaluate various national examinations in
30order to determine whether they meet the prevailing standards for
31the validation and use of licensing and certification tests in
32California.

33(3) The Department of Consumer Affairs’ Office of Professional
34Examination Services shall review the occupational analysis that
35was used for developing the national examinations in order to
36determine if it adequately describes the licensing group and
37adequately determines the tasks, knowledge, skills, and abilities
38the licensed professional clinical counselor would need to perform
39the functions under this chapter.

P68   1(4) Examinations shall measure knowledge and abilities
2demonstrably important to the safe, effective practice of the
3 profession.

4(5) If national examinations do not meet the standards specified
5in paragraph (2), the board may require a passing score on either
6of the following:

7(A) The national examinations plus one or more
8board-developed examinations.

9(B) One or more board-developed examinations.

10(6) If the board decides to require a national examination
11specified in paragraph (1), a passing score on this examination
12shall be accepted by the board for a period of seven years from
13the date the examination was taken.

14(7) If the board decides to require the examinations specified
15in paragraph (5), a passing score on these examinations shall be
16accepted by the board for a period of seven years from the date
17 the examination was taken.

18(8) The licensing examinations shall also incorporate a
19California law and ethics examination element that is acceptable
20to the board, or, as an alternative, the board may develop a separate
21California law and ethics examination.

22(d) The board shall not deny any applicant who has submitted
23a complete application for examination admission to the licensure
24examinations required by this section if the applicant meets the
25educational and experience requirements of this chapter, and has
26not committed any acts or engaged in any conduct that would
27constitute grounds to deny licensure.

28(e) The board shall not deny any applicant whose application
29for licensure is complete admission to the examinations, nor shall
30the board postpone or delay any applicant’s examinations or delay
31informing the candidate of the results of the examinations, solely
32upon the receipt by the board of a complaint alleging acts or
33conduct that would constitute grounds to deny licensure.

34(f) If an applicant for examination is the subject of a complaint
35or is under board investigation for acts or conduct that, if proven
36to be true, would constitute grounds for the board to deny licensure,
37the board shall permit the applicant to take the examinations, but
38may notify the applicant that licensure will not be granted pending
39completion of the investigation.

P69   1(g) Notwithstanding Section 135, the board may deny any
2applicant who has previously failed an examination permission to
3retake that examination pending completion of the investigation
4of any complaints against the applicant.

5(h) Nothing in this section shall prohibit the board from denying
6an applicant admission to any examination, withholding the results,
7or refusing to issue a license to any applicant when an accusation
8or statement of issues has been filed against the applicant pursuant
9to Section 11503 or 11504 of the Government Code, respectively,
10or the application has been denied in accordance with subdivision
11(b) of Section 485.

12(i) Notwithstanding any other provision of law, the board may
13destroy all examination materials two years following the date of
14an examination.

15(j) This section shall remain in effect only until January 1, 2016,
16and as of that date is repealed, unless a later enacted statute, that
17is enacted before January 1, 2016, deletes or extends that date.

18

begin deleteSEC. 64.end delete
19begin insertSEC. 63.end insert  

Section 4999.52 of the Business and Professions
20Code
, as amended by Section 11 of Chapter 800 of the Statutes of
212012, is amended to read:

22

4999.52.  

(a) Except as provided in Section 4999.54, every
23applicant for a license as a professional clinical counselor shall be
24examined by the board. The board shall examine the candidate
25with regard to his or her knowledge and professional skills and his
26or her judgment in the utilization of appropriate techniques and
27methods.

28(b) The examinations shall be given at least twice a year at a
29time and place and under supervision as the board may determine.

30(c) The board shall not deny any applicant who has submitted
31a complete application for examination admission to the licensure
32examinations required by this section if the applicant meets the
33educational and experience requirements of this chapter, and has
34 not committed any acts or engaged in any conduct that would
35constitute grounds to deny licensure.

36(d) The board shall not deny any applicant whose application
37for licensure is complete admission to the examinations specified
38by paragraph (2) of subdivision (a) of Section 4999.53, nor shall
39the board postpone or delay this examination for any applicant or
40delay informing the candidate of the results of this examination,
P70   1solely upon the receipt by the board of a complaint alleging acts
2or conduct that would constitute grounds to deny licensure.

3(e) If an applicant for the examination specified by paragraph
4(2) of subdivision (a) of Section 4999.53, who has passed the
5California law and ethics examination, is the subject of a complaint
6or is under board investigation for acts or conduct that, if proven
7to be true, would constitute grounds for the board to deny licensure,
8the board shall permit the applicant to take this examination, but
9may notify the applicant that licensure will not be granted pending
10completion of the investigation.

11(f) Notwithstanding Section 135, the board may deny any
12applicant who has previously failed either the California law and
13ethics examination, or the examination specified by paragraph (2)
14of subdivision (a) of Section 4999.53, permission to retake either
15examination pending completion of the investigation of any
16complaints against the applicant.

17(g) Nothing in this section shall prohibit the board from denying
18an applicant admission to any examination, withholding the results,
19or refusing to issue a license to any applicant when an accusation
20or statement of issues has been filed against the applicant pursuant
21to Section 11503 or 11504 of the Government Code, respectively,
22or the application has been denied in accordance with subdivision
23(b) of Section 485.

24(h) Notwithstanding any other provision of law, the board may
25destroy all examination materials two years following the date of
26an examination.

27(i) On and after January 1, 2016, the examination specified by
28paragraph (2) of subdivision (a) of Section 4999.53 shall be passed
29within seven years of an applicant’s initial attempt.

30(j) A passing score on the clinical examination shall be accepted
31by the board for a period of seven years from the date the
32examination was taken.

33(k) No applicant shall be eligible to participate in the
34examination specified by paragraph (2) of subdivision (a) of
35Section 4999.53, if he or she fails to obtain a passing score on this
36examination within seven years from his or her initial attempt. If
37 the applicant fails to obtain a passing score within seven years of
38initial attempt, he or she shall obtain a passing score on the current
39version of the California law and ethics examination in order to
40be eligible to retake this examination.

P71   1(l) This section shall become operative on January 1, 2016.

2

begin deleteSEC. 65.end delete
3begin insertSEC. 64.end insert  

Section 4999.53 of the Business and Professions Code
4 is amended to read:

5

4999.53.  

(a) Effective January 1, 2016, a clinical counselor
6intern applying for licensure as a clinical counselor shall pass the
7following examinations as prescribed by the board:

8(1) A California law and ethics examination.

9(2) A clinical examination administered by the board, or the
10National Clinical Mental Health Counselor Examination if the
11board finds that this examination meets the prevailing standards
12for validation and use of the licensing and certification tests in
13California.

14(b) Upon registration with the board, a clinical counselor intern
15shall, within the first year of registration, take an examination on
16California law and ethics.

17(c) A registrant may take the clinical examination or the National
18Clinical Mental Health Counselor Examination, as established by
19the board through regulation, only upon meeting all of the
20following requirements:

21(1) Completion of all required supervised work experience.

22(2) Completion of all education requirements.

23(3) Passage of the California law and ethics examination.

24(d) This section shall become operative on January 1, 2016.

25

begin deleteSEC. 66.end delete
26begin insertSEC. 65.end insert  

Section 4999.55 of the Business and Professions Code
27 is amended to read:

28

4999.55.  

(a) Each applicant and registrant shall obtain a
29passing score on a board-administered California law and ethics
30examination in order to qualify for licensure.

31(b) A registrant shall participate in a board-administered
32California law and ethics examination prior to his or her registration
33renewal.

34(c) If an applicant fails the California law and ethics exam, he
35or she may retake the examination, upon payment of the required
36fees, without further application, except as provided in subdivision
37(d).

38(d) If a registrant fails to obtain a passing score on the California
39law and ethics examination described in subdivision (a) within his
40or her first renewal period on or after the operative date of this
P72   1section, he or she shall complete, at minimum, a 12-hour course
2in California law and ethics in order to be eligible to participate
3in the California law and ethics examination. Registrants shall only
4take the 12-hour California law and ethics course once during a
5renewal period. The 12-hour law and ethics course required by
6this section shall be taken through a board-approved continuing
7education provider, a county, state, or governmental entity, or a
8college or university.

9(e) The board shall not issue a subsequent registration number
10unless the registrant has passed the California law and ethics
11examination.

12(f) This section shall become operative January 1, 2016.

13

begin deleteSEC. 67.end delete
14begin insertSEC. 66.end insert  

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

16

4999.60.  

(a) This section applies to persons who are licensed
17outside of California and apply for examination eligibility on or
18after January 1, 2014.

19(b) The board may issue a license to a person who, at the time
20of submitting an application for a license pursuant to this chapter,
21holds a valid license as a professional clinical counselor, or other
22counseling license that allows the applicant to independently
23provide clinical mental health services, in another jurisdiction of
24the United States if all of the following conditions are satisfied:

25(1) The applicant’s education is substantially equivalent, as
26defined in Section 4999.62.

27(2) The applicant complies with subdivision (b) of Section
284999.40, if applicable.

29(3) The applicant’s supervised experience is substantially
30equivalent to that required for a license under this chapter. If the
31applicant has less than 3,000 hours of qualifying supervised
32experience, time actively licensed as a professional clinical
33counselor shall be accepted at a rate of 100 hours per month up to
34a maximum of 1,200 hours.

35(4) The applicant passes the examinations required to obtain a
36license under this chapter. An applicant who obtained his or her
37license or registration under another jurisdiction may apply for
38licensure with the board without taking the clinical examination
39if both of the following conditions are met:

P73   1(A) The applicant obtained a passing score on the licensing
2examination set forth in regulation as accepted by the board.

3(B) The applicant’s license or registration in that jurisdiction is
4in good standing at the time of his or her application and has not
5been revoked, suspended, surrendered, denied, or otherwise
6restricted or encumbered as a result of any disciplinary proceeding
7brought by the licensing authority of that jurisdiction.

8

begin deleteSEC. 68.end delete
9begin insertSEC. 67.end insert  

Section 4999.64 of the Business and Professions Code
10 is amended to read:

11

4999.64.  

(a) Effective January 1, 2016, an applicant who fails
12the examination specified in paragraph (2) of subdivision (a) of
13Section 4999.53 may, within one year from the notification date
14of that failure, retake the examination as regularly scheduled
15without further application upon payment of the fee for the
16examination. Thereafter, the applicant shall not be eligible for
17further examination until he or she files a new application, meets
18all requirements in effect on the date of application, and pays all
19required fees.

20(b) This section shall become operative on January 1, 2016.

21

begin deleteSEC. 69.end delete
22begin insertSEC. 68.end insert  

Section 4999.100 of the Business and Professions
23Code
, as amended by Section 80 of Chapter 799 of the Statutes of
242012, is amended to read:

25

4999.100.  

(a) An intern registration shall expire one year from
26the last day of the month in which it was issued.

27(b) To renew a registration, the registrant shall, on or before the
28expiration date of the registration, do the following:

29(1) Apply for a renewal on a form prescribed by the board.

30(2) Pay a renewal fee prescribed by the board.

31(3) Notify the board whether he or she has been convicted, as
32defined in Section 490, of a misdemeanor or felony, or whether
33any disciplinary action has been taken by any regulatory or
34licensing board in this or any other state, subsequent to the
35registrant’s last renewal.

36(c) This section shall remain in effect only until January 1, 2016,
37and as of that date is repealed, unless a later enacted statute, that
38is enacted before January 1, 2016, deletes or extends that date.

P74   1

begin deleteSEC. 70.end delete
2begin insertSEC. 69.end insert  

Section 4999.100 of the Business and Professions
3Code
, as amended by Section 81 of Chapter 799 of the Statutes of
42012, is amended to read:

5

4999.100.  

(a) An intern registration shall expire one year from
6the last day of the month in which it was issued.

7(b) To renew a registration, the registrant shall, on or before the
8expiration date of the registration, do the following:

9(1) Apply for a renewal on a form prescribed by the board.

10(2) Pay a renewal fee prescribed by the board.

11(3) Notify the board whether he or she has been convicted, as
12defined in Section 490, of a misdemeanor or felony, or whether
13any disciplinary action has been taken by any regulatory or
14licensing board in this or any other state, subsequent to the
15registrant’s last renewal.

16(4) Participate in the California law and ethics examination
17pursuant to Section 4999.53 each year until successful completion
18of this examination.

19(c) The intern registration may be renewed a maximum of five
20times. No registration shall be renewed or reinstated beyond six
21years from the last day of the month during which it was issued,
22regardless of whether it has been revoked. When no further
23renewals are possible, an applicant may apply for and obtain a new
24intern registration if the applicant meets the educational
25requirements for registration in effect at the time of the application
26for a new intern registration and has passed the California law and
27ethics examination described in Section 4999.53. An applicant
28who is issued a subsequent intern registration pursuant to this
29subdivision may be employed or volunteer in any allowable work
30setting except private practice.

31(d) This section shall become operative on January 1, 2016.

32

begin deleteSEC. 71.end delete
33begin insertSEC. 70.end insert  

Section 14132 of the Welfare and Institutions Code
34 is amended to read:

35

14132.  

The following is the schedule of benefits under this
36chapter:

37(a) Outpatient services are covered as follows:

38Physician, hospital or clinic outpatient, surgical center,
39respiratory care, optometric, chiropractic, psychology, podiatric,
40occupational therapy, physical therapy, speech therapy, audiology,
P75   1acupuncture to the extent federal matching funds are provided for
2acupuncture, and services of persons rendering treatment by prayer
3or healing by spiritual means in the practice of any church or
4religious denomination insofar as these can be encompassed by
5federal participation under an approved plan, subject to utilization
6controls.

7(b) (1) Inpatient hospital services, including, but not limited
8to, physician and podiatric services, physical therapy and
9occupational therapy, are covered subject to utilization controls.

10(2) For Medi-Cal fee-for-service beneficiaries, emergency
11services and care that are necessary for the treatment of an
12emergency medical condition and medical care directly related to
13the emergency medical condition. This paragraph shall not be
14construed to change the obligation of Medi-Cal managed care
15plans to provide emergency services and care. For the purposes of
16this paragraph, “emergency services and care” and “emergency
17medical condition” shall have the same meanings as those terms
18are defined in Section 1317.1 of the Health and Safety Code.

19(c) Nursing facility services, subacute care services, and services
20provided by any category of intermediate care facility for the
21developmentally disabled, including podiatry, physician, nurse
22practitioner services, and prescribed drugs, as described in
23subdivision (d), are covered subject to utilization controls.
24Respiratory care, physical therapy, occupational therapy, speech
25therapy, and audiology services for patients in nursing facilities
26and any category of intermediate care facility for the
27developmentally disabled are covered subject to utilization controls.

28(d) (1) Purchase of prescribed drugs is covered subject to the
29Medi-Cal List of Contract Drugs and utilization controls.

30(2) Purchase of drugs used to treat erectile dysfunction or any
31off-label uses of those drugs are covered only to the extent that
32federal financial participation is available.

33(3) (A) To the extent required by federal law, the purchase of
34outpatient prescribed drugs, for which the prescription is executed
35by a prescriber in written, nonelectronic form on or after April 1,
362008, is covered only when executed on a tamper resistant
37prescription form. The implementation of this paragraph shall
38conform to the guidance issued by the federal Centers for Medicare
39and Medicaid Services but shall not conflict with state statutes on
40the characteristics of tamper resistant prescriptions for controlled
P76   1substances, including Section 11162.1 of the Health and Safety
2Code. The department shall provide providers and beneficiaries
3with as much flexibility in implementing these rules as allowed
4by the federal government. The department shall notify and consult
5with appropriate stakeholders in implementing, interpreting, or
6making specific this paragraph.

7(B) Notwithstanding Chapter 3.5 (commencing with Section
811340) of Part 1 of Division 3 of Title 2 of the Government Code,
9the department may take the actions specified in subparagraph (A)
10by means of a provider bulletin or notice, policy letter, or other
11similar instructions without taking regulatory action.

12(4) (A) (i) For the purposes of this paragraph, nonlegend has
13the same meaning as defined in subdivision (a) of Section
1414105.45.

15(ii) Nonlegend acetaminophen-containing products, with the
16exception of children’s acetaminophen-containing products,
17selected by the department are not covered benefits.

18(iii) Nonlegend cough and cold products selected by the
19department are not covered benefits. This clause shall be
20implemented on the first day of the first calendar month following
2190 days after the effective date of the act that added this clause,
22or on the first day of the first calendar month following 60 days
23after the date the department secures all necessary federal approvals
24to implement this section, whichever is later.

25(iv) Beneficiaries under the Early and Periodic Screening,
26Diagnosis, and Treatment Program shall be exempt from clauses
27(ii) and (iii).

28(B) Notwithstanding Chapter 3.5 (commencing with Section
2911340) of Part 1 of Division 3 of Title 2 of the Government Code,
30the department may take the actions specified in subparagraph (A)
31by means of a provider bulletin or notice, policy letter, or other
32similar instruction without taking regulatory action.

33(e) Outpatient dialysis services and home hemodialysis services,
34including physician services, medical supplies, drugs and
35equipment required for dialysis, are covered, subject to utilization
36controls.

37(f) Anesthesiologist services when provided as part of an
38outpatient medical procedure, nurse anesthetist services when
39rendered in an inpatient or outpatient setting under conditions set
40forth by the director, outpatient laboratory services, and X-ray
P77   1services are covered, subject to utilization controls. Nothing in
2this subdivision shall be construed to require prior authorization
3for anesthesiologist services provided as part of an outpatient
4medical procedure or for portable X-ray services in a nursing
5facility or any category of intermediate care facility for the
6developmentally disabled.

7(g) Blood and blood derivatives are covered.

8(h) (1) Emergency and essential diagnostic and restorative
9dental services, except for orthodontic, fixed bridgework, and
10partial dentures that are not necessary for balance of a complete
11artificial denture, are covered, subject to utilization controls. The
12utilization controls shall allow emergency and essential diagnostic
13and restorative dental services and prostheses that are necessary
14to prevent a significant disability or to replace previously furnished
15prostheses which are lost or destroyed due to circumstances beyond
16the beneficiary’s control. Notwithstanding the foregoing, the
17director may by regulation provide for certain fixed artificial
18dentures necessary for obtaining employment or for medical
19conditions that preclude the use of removable dental prostheses,
20and for orthodontic services in cleft palate deformities administered
21by the department’s California Children Services Program.

22(2) For persons 21 years of age or older, the services specified
23in paragraph (1) shall be provided subject to the following
24conditions:

25(A) Periodontal treatment is not a benefit.

26(B) Endodontic therapy is not a benefit except for vital
27pulpotomy.

28(C) Laboratory processed crowns are not a benefit.

29(D) Removable prosthetics shall be a benefit only for patients
30as a requirement for employment.

31(E) The director may, by regulation, provide for the provision
32of fixed artificial dentures that are necessary for medical conditions
33that preclude the use of removable dental prostheses.

34(F) Notwithstanding the conditions specified in subparagraphs
35(A) to (E), inclusive, the department may approve services for
36persons with special medical disorders subject to utilization review.

37(3) Paragraph (2) shall become inoperative July 1, 1995.

38(i) Medical transportation is covered, subject to utilization
39controls.

P78   1(j) Home health care services are covered, subject to utilization
2controls.

3(k) Prosthetic and orthotic devices and eyeglasses are covered,
4subject to utilization controls. Utilization controls shall allow
5replacement of prosthetic and orthotic devices and eyeglasses
6necessary because of loss or destruction due to circumstances
7beyond the beneficiary’s control. Frame styles for eyeglasses
8replaced pursuant to this subdivision shall not change more than
9once every two years, unless the department so directs.

10Orthopedic and conventional shoes are covered when provided
11by a prosthetic and orthotic supplier on the prescription of a
12physician and when at least one of the shoes will be attached to a
13prosthesis or brace, subject to utilization controls. Modification
14of stock conventional or orthopedic shoes when medically
15indicated, is covered subject to utilization controls. When there is
16a clearly established medical need that cannot be satisfied by the
17modification of stock conventional or orthopedic shoes,
18custom-made orthopedic shoes are covered, subject to utilization
19controls.

20Therapeutic shoes and inserts are covered when provided to
21beneficiaries with a diagnosis of diabetes, subject to utilization
22controls, to the extent that federal financial participation is
23available.

24(l) Hearing aids are covered, subject to utilization controls.
25Utilization controls shall allow replacement of hearing aids
26necessary because of loss or destruction due to circumstances
27beyond the beneficiary’s control.

28(m) Durable medical equipment and medical supplies are
29covered, subject to utilization controls. The utilization controls
30shall allow the replacement of durable medical equipment and
31medical supplies when necessary because of loss or destruction
32due to circumstances beyond the beneficiary’s control. The
33utilization controls shall allow authorization of durable medical
34equipment needed to assist a disabled beneficiary in caring for a
35child for whom the disabled beneficiary is a parent, stepparent,
36foster parent, or legal guardian, subject to the availability of federal
37financial participation. The department shall adopt emergency
38regulations to define and establish criteria for assistive durable
39medical equipment in accordance with the rulemaking provisions
40of the Administrative Procedure Act (Chapter 3.5 (commencing
P79   1with Section 11340) of Part 1 of Division 3 of Title 2 of the
2Government Code).

3(n) Family planning services are covered, subject to utilization
4 controls.

5(o) Inpatient intensive rehabilitation hospital services, including
6respiratory rehabilitation services, in a general acute care hospital
7are covered, subject to utilization controls, when either of the
8following criteria are met:

9(1) A patient with a permanent disability or severe impairment
10requires an inpatient intensive rehabilitation hospital program as
11described in Section 14064 to develop function beyond the limited
12amount that would occur in the normal course of recovery.

13(2) A patient with a chronic or progressive disease requires an
14inpatient intensive rehabilitation hospital program as described in
15Section 14064 to maintain the patient’s present functional level as
16long as possible.

17(p) (1) Adult day health care is covered in accordance with
18Chapter 8.7 (commencing with Section 14520).

19(2) Commencing 30 days after the effective date of the act that
20added this paragraph, and notwithstanding the number of days
21previously approved through a treatment authorization request,
22adult day health care is covered for a maximum of three days per
23week.

24(3) As provided in accordance with paragraph (4), adult day
25health care is covered for a maximum of five days per week.

26(4) As of the date that the director makes the declaration
27described in subdivision (g) of Section 14525.1, paragraph (2)
28shall become inoperative and paragraph (3) shall become operative.

29(q) (1) Application of fluoride, or other appropriate fluoride
30treatment as defined by the department, and other prophylaxis
31treatment for children 17 years of age and under are covered.

32(2) All dental hygiene services provided by a registered dental
33hygienist, registered dental hygienist in extended functions, and
34registered dental hygienist in alternative practice licensed pursuant
35to Sections 1753, 1917, 1918, and 1922 of the Business and
36Professions Code may be covered as long as they are within the
37scope of Denti-Cal benefits and they are necessary services
38provided by a registered dental hygienist, registered dental
39hygienist in extended functions, or registered dental hygienist in
40alternative practice.

P80   1(r) (1) Paramedic services performed by a city, county, or
2special district, or pursuant to a contract with a city, county, or
3special district, and pursuant to a program established under Article
43 (commencing with Section 1480) of Chapter 2.5 of Division 2
5of the Health and Safety Code by a paramedic certified pursuant
6to that article, and consisting of defibrillation and those services
7specified in subdivision (3) of Section 1482 of the article.

8(2) All providers enrolled under this subdivision shall satisfy
9all applicable statutory and regulatory requirements for becoming
10a Medi-Cal provider.

11(3) This subdivision shall be implemented only to the extent
12funding is available under Section 14106.6.

13(s) In-home medical care services are covered when medically
14appropriate and subject to utilization controls, for beneficiaries
15who would otherwise require care for an extended period of time
16in an acute care hospital at a cost higher than in-home medical
17care services. The director shall have the authority under this
18section to contract with organizations qualified to provide in-home
19medical care services to those persons. These services may be
20provided to patients placed in shared or congregate living
21arrangements, if a home setting is not medically appropriate or
22available to the beneficiary. As used in this section, “in-home
23medical care service” includes utility bills directly attributable to
24continuous, 24-hour operation of life-sustaining medical equipment,
25to the extent that federal financial participation is available.

26As used in this subdivision, in-home medical care services
27include, but are not limited to:

28(1) Level of care and cost of care evaluations.

29(2) Expenses, directly attributable to home care activities, for
30materials.

31(3) Physician fees for home visits.

32(4) Expenses directly attributable to home care activities for
33shelter and modification to shelter.

34(5) Expenses directly attributable to additional costs of special
35diets, including tube feeding.

36(6) Medically related personal services.

37(7) Home nursing education.

38(8) Emergency maintenance repair.

P81   1(9) Home health agency personnel benefits which permit
2coverage of care during periods when regular personnel are on
3vacation or using sick leave.

4(10) All services needed to maintain antiseptic conditions at
5stoma or shunt sites on the body.

6(11) Emergency and nonemergency medical transportation.

7(12) Medical supplies.

8(13) Medical equipment, including, but not limited to, scales,
9gurneys, and equipment racks suitable for paralyzed patients.

10(14) Utility use directly attributable to the requirements of home
11care activities which are in addition to normal utility use.

12(15) Special drugs and medications.

13(16) Home health agency supervision of visiting staff which is
14medically necessary, but not included in the home health agency
15rate.

16(17) Therapy services.

17(18) Household appliances and household utensil costs directly
18attributable to home care activities.

19(19) Modification of medical equipment for home use.

20(20) Training and orientation for use of life-support systems,
21including, but not limited to, support of respiratory functions.

22(21) Respiratory care practitioner services as defined in Sections
233702 and 3703 of the Business and Professions Code, subject to
24prescription by a physician and surgeon.

25Beneficiaries receiving in-home medical care services are entitled
26to the full range of services within the Medi-Cal scope of benefits
27as defined by this section, subject to medical necessity and
28applicable utilization control. Services provided pursuant to this
29subdivision, which are not otherwise included in the Medi-Cal
30schedule of benefits, shall be available only to the extent that
31federal financial participation for these services is available in
32accordance with a home- and community-based services waiver.

33(t) Home- and community-based services approved by the
34United States Department of Health and Human Services may be
35covered to the extent that federal financial participation is available
36for those services under waivers granted in accordance with Section
371396n of Title 42 of the United States Code. The director may
38seek waivers for any or all home- and community-based services
39approvable under Section 1396n of Title 42 of the United States
P82   1Code. Coverage for those services shall be limited by the terms,
2conditions, and duration of the federal waivers.

3(u) Comprehensive perinatal services, as provided through an
4agreement with a health care provider designated in Section
514134.5 and meeting the standards developed by the department
6pursuant to Section 14134.5, subject to utilization controls.

7The department shall seek any federal waivers necessary to
8implement the provisions of this subdivision. The provisions for
9which appropriate federal waivers cannot be obtained shall not be
10implemented. Provisions for which waivers are obtained or for
11which waivers are not required shall be implemented
12notwithstanding any inability to obtain federal waivers for the
13other provisions. No provision of this subdivision shall be
14implemented unless matching funds from Subchapter XIX
15(commencing with Section 1396) of Chapter 7 of Title 42 of the
16United States Code are available.

17(v) Early and periodic screening, diagnosis, and treatment for
18any individual under 21 years of age is covered, consistent with
19the requirements of Subchapter XIX (commencing with Section
201396) of Chapter 7 of Title 42 of the United States Code.

21(w) Hospice service which is Medicare-certified hospice service
22is covered, subject to utilization controls. Coverage shall be
23available only to the extent that no additional net program costs
24are incurred.

25(x) When a claim for treatment provided to a beneficiary
26includes both services which are authorized and reimbursable
27under this chapter, and services which are not reimbursable under
28this chapter, that portion of the claim for the treatment and services
29authorized and reimbursable under this chapter shall be payable.

30(y) Home- and community-based services approved by the
31United States Department of Health and Human Services for
32beneficiaries with a diagnosis of AIDS or ARC, who require
33intermediate care or a higher level of care.

34Services provided pursuant to a waiver obtained from the
35Secretary of the United States Department of Health and Human
36Services pursuant to this subdivision, and which are not otherwise
37included in the Medi-Cal schedule of benefits, shall be available
38only to the extent that federal financial participation for these
39services is available in accordance with the waiver, and subject to
40the terms, conditions, and duration of the waiver. These services
P83   1shall be provided to individual beneficiaries in accordance with
2the client’s needs as identified in the plan of care, and subject to
3medical necessity and applicable utilization control.

4The director may under this section contract with organizations
5qualified to provide, directly or by subcontract, services provided
6for in this subdivision to eligible beneficiaries. Contracts or
7agreements entered into pursuant to this division shall not be
8subject to the Public Contract Code.

9(z) Respiratory care when provided in organized health care
10systems as defined in Section 3701 of the Business and Professions
11Code, and as an in-home medical service as outlined in subdivision
12(s).

13(aa) (1) There is hereby established in the department, a
14program to provide comprehensive clinical family planning
15services to any person who has a family income at or below 200
16percent of the federal poverty level, as revised annually, and who
17is eligible to receive these services pursuant to the waiver identified
18in paragraph (2). This program shall be known as the Family
19Planning, Access, Care, and Treatment (Family PACT) Program.

20(2) The department shall seek a waiver in accordance with
21Section 1315 of Title 42 of the United States Code, or a state plan
22amendment adopted in accordance with Section
231396a(a)(10)(A)(ii)(XXI)(ii)(2) of Title 42 of the United States
24Code, which was added to Section 1396a of Title 42 of the United
25States Code by Section 2303(a)(2) of the federal Patient Protection
26and Affordable Care Act (PPACA) (Public Law 111-148), for a
27program to provide comprehensive clinical family planning
28services as described in paragraph (8). Under the waiver, the
29program shall be operated only in accordance with the waiver and
30the statutes and regulations in paragraph (4) and subject to the
31terms, conditions, and duration of the waiver. Under the state plan
32amendment, which shall replace the waiver and shall be known as
33the Family PACT successor state plan amendment, the program
34shall be operated only in accordance with this subdivision and the
35statutes and regulations in paragraph (4). The state shall use the
36standards and processes imposed by the state on January 1, 2007,
37including the application of an eligibility discount factor to the
38extent required by the federal Centers for Medicare and Medicaid
39Services, for purposes of determining eligibility as permitted under
40 Section 1396a(a)(10)(A)(ii)(XXI)(ii)(2) of Title 42 of the United
P84   1States Code. To the extent that federal financial participation is
2available, the program shall continue to conduct education,
3outreach, enrollment, service delivery, and evaluation services as
4specified under the waiver. The services shall be provided under
5the program only if the waiver and, when applicable, the successor
6state plan amendment are approved by the federal Centers for
7Medicare and Medicaid Services and only to the extent that federal
8financial participation is available for the services. Nothing in this
9section shall prohibit the department from seeking the Family
10PACT successor state plan amendment during the operation of the
11waiver.

12(3) Solely for the purposes of the waiver or Family PACT
13successor state plan amendment and notwithstanding any other
14provision of law, the collection and use of an individual’s social
15security number shall be necessary only to the extent required by
16federal law.

17(4) Sections 14105.3 to 14105.39, inclusive, 14107.11, 24005,
18and 24013, and any regulations adopted under these statutes shall
19apply to the program provided for under this subdivision. No other
20provision of law under the Medi-Cal program or the State-Only
21Family Planning Program shall apply to the program provided for
22under this subdivision.

23(5) Notwithstanding Chapter 3.5 (commencing with Section
2411340) of Part 1 of Division 3 of Title 2 of the Government Code,
25the department may implement, without taking regulatory action,
26the provisions of the waiver after its approval by the federal Health
27Care Financing Administration and the provisions of this section
28by means of an all-county letter or similar instruction to providers.
29Thereafter, the department shall adopt regulations to implement
30this section and the approved waiver in accordance with the
31 requirements of Chapter 3.5 (commencing with Section 11340) of
32Part 1 of Division 3 of Title 2 of the Government Code. Beginning
33six months after the effective date of the act adding this
34subdivision, the department shall provide a status report to the
35Legislature on a semiannual basis until regulations have been
36adopted.

37(6) In the event that the Department of Finance determines that
38the program operated under the authority of the waiver described
39in paragraph (2) or the Family PACT successor state plan
40amendment is no longer cost effective, this subdivision shall
P85   1become inoperative on the first day of the first month following
2the issuance of a 30-day notification of that determination in
3writing by the Department of Finance to the chairperson in each
4house that considers appropriations, the chairpersons of the
5committees, and the appropriate subcommittees in each house that
6considers the State Budget, and the Chairperson of the Joint
7 Legislative Budget Committee.

8(7) If this subdivision ceases to be operative, all persons who
9have received or are eligible to receive comprehensive clinical
10family planning services pursuant to the waiver described in
11paragraph (2) shall receive family planning services under the
12Medi-Cal program pursuant to subdivision (n) if they are otherwise
13eligible for Medi-Cal with no share of cost, or shall receive
14comprehensive clinical family planning services under the program
15established in Division 24 (commencing with Section 24000) either
16if they are eligible for Medi-Cal with a share of cost or if they are
17otherwise eligible under Section 24003.

18(8) For purposes of this subdivision, “comprehensive clinical
19family planning services” means the process of establishing
20objectives for the number and spacing of children, and selecting
21the means by which those objectives may be achieved. These
22means include a broad range of acceptable and effective methods
23and services to limit or enhance fertility, including contraceptive
24methods, federal Food and Drug Administration approved
25contraceptive drugs, devices, and supplies, natural family planning,
26abstinence methods, and basic, limited fertility management.
27Comprehensive clinical family planning services include, but are
28not limited to, preconception counseling, maternal and fetal health
29counseling, general reproductive health care, including diagnosis
30and treatment of infections and conditions, including cancer, that
31threaten reproductive capability, medical family planning treatment
32and procedures, including supplies and followup, and
33informational, counseling, and educational services.
34Comprehensive clinical family planning services shall not include
35abortion, pregnancy testing solely for the purposes of referral for
36abortion or services ancillary to abortions, or pregnancy care that
37is not incident to the diagnosis of pregnancy. Comprehensive
38clinical family planning services shall be subject to utilization
39control and include all of the following:

P86   1(A) Family planning related services and male and female
2sterilization. Family planning services for men and women shall
3include emergency services and services for complications directly
4related to the contraceptive method, federal Food and Drug
5Administration approved contraceptive drugs, devices, and
6supplies, and followup, consultation, and referral services, as
7indicated, which may require treatment authorization requests.

8(B) All United States Department of Agriculture, federal Food
9and Drug Administration approved contraceptive drugs, devices,
10and supplies that are in keeping with current standards of practice
11and from which the individual may choose.

12(C) Culturally and linguistically appropriate health education
13and counseling services, including informed consent, that include
14all of the following:

15(i) Psychosocial and medical aspects of contraception.

16(ii) Sexuality.

17(iii) Fertility.

18(iv) Pregnancy.

19(v) Parenthood.

20(vi) Infertility.

21(vii) Reproductive health care.

22(viii) Preconception and nutrition counseling.

23(ix) Prevention and treatment of sexually transmitted infection.

24(x) Use of contraceptive methods, federal Food and Drug
25Administration approved contraceptive drugs, devices, and
26supplies.

27(xi) Possible contraceptive consequences and followup.

28(xii) Interpersonal communication and negotiation of
29relationships to assist individuals and couples in effective
30contraceptive method use and planning families.

31(D) A comprehensive health history, updated at the next periodic
32visit (between 11 and 24 months after initial examination) that
33includes a complete obstetrical history, gynecological history,
34contraceptive history, personal medical history, health risk factors,
35and family health history, including genetic or hereditary
36conditions.

37(E) A complete physical examination on initial and subsequent
38periodic visits.

P87   1(F) Services, drugs, devices, and supplies deemed by the federal
2Centers for Medicare and Medicaid Services to be appropriate for
3inclusion in the program.

4(9) In order to maximize the availability of federal financial
5participation under this subdivision, the director shall have the
6discretion to implement the Family PACT successor state plan
7amendment retroactively to July 1, 2010.

8(ab) (1) Purchase of prescribed enteral nutrition products is
9covered, subject to the Medi-Cal list of enteral nutrition products
10and utilization controls.

11(2) Purchase of enteral nutrition products is limited to those
12products to be administered through a feeding tube, including, but
13not limited to, a gastric, nasogastric, or jejunostomy tube.
14Beneficiaries under the Early and Periodic Screening, Diagnosis,
15and Treatment Program shall be exempt from this paragraph.

16(3) Notwithstanding paragraph (2), the department may deem
17an enteral nutrition product, not administered through a feeding
18tube, including, but not limited to, a gastric, nasogastric, or
19jejunostomy tube, a benefit for patients with diagnoses, including,
20but not limited to, malabsorption and inborn errors of metabolism,
21if the product has been shown to be neither investigational nor
22experimental when used as part of a therapeutic regimen to prevent
23serious disability or death.

24(4) Notwithstanding Chapter 3.5 (commencing with Section
2511340) of Part 1 of Division 3 of Title 2 of the Government Code,
26the department may implement the amendments to this subdivision
27made by the act that added this paragraph by means of all-county
28letters, provider bulletins, or similar instructions, without taking
29regulatory action.

30(5) The amendments made to this subdivision by the act that
31added this paragraph shall be implemented June 1, 2011, or on the
32first day of the first calendar month following 60 days after the
33date the department secures all necessary federal approvals to
34implement this section, whichever is later.

35(ac) Diabetic testing supplies are covered when provided by a
36pharmacy, subject to utilization controls.



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