Amended in Assembly August 5, 2013

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,begin delete 4980.72,end delete 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, 4996.28, 4999.20, 4999.33, 4999.45, 4999.46, 4999.47, 4999.50, 4999.52, 4999.53, 4999.55,begin delete 4999.60,end delete 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 therapist or licensed professional clinical counselor licensure examinations to have specified hours of experience, including experience gained by an intern or trainee as an employee or volunteer.

This bill would specify that experience shall be gained by an intern or trainee only as an employee or volunteer.

begin delete

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.

end delete
begin delete

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.

end delete

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.

25(2) Applying bleaching agents.

P5    1(3) Activating bleaching agents with a nonlaser light-curing
2device.

3(4) Applying pit and fissure sealants.

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

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

11

SEC. 3.  

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

13

1926.2.  

(a) Notwithstanding any other provision of law, a
14registered dental hygienist in alternative practice may operate one
15mobile dental hygiene clinic registered as a dental hygiene office
16or facility. The owner or operator of the mobile dental hygiene
17clinic or unit shall be registered and operated in accordance with
18regulations established by the committee, which regulations shall
19not be designed to prevent or lessen competition in service areas,
20and shall pay the fees described in Section 1944.

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

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

34

SEC. 4.  

Section 3024 of the Business and Professions Code is
35amended to read:

36

3024.  

The board may grant or refuse to grant an optometrist
37license as provided in this chapter and may revoke or suspend the
38license of any optometrist for any of the causes specified in this
39chapter.

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,begin delete dosagesend deletebegin insert dosages,end insert 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 bybegin delete theend delete
5begin insert this end insert section 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 trainees as an independent contractor.

17(1) If employed, an intern shall provide the board with copies
18of the corresponding W-2 tax forms for each year of experience
19claimed upon application for licensure.

20(2) If volunteering, an intern shall provide the board with a letter
21from his or her employer verifying the intern’s employment as a
22volunteer upon application for licensure.

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

27(1) A trainee shall receive an average of at least one hour of
28direct supervisor contact for every five hours of client contact in
29each setting.

30(2) An individual supervised after being granted a qualifying
31degree shall receive at least one additional hour of direct supervisor
32contact for every week in which more than 10 hours of client
33contact is gained in each setting. No more than five hours of
34supervision, whether individual or group, shall be credited during
35any single week.

36(3) For purposes of this section, “one hour of direct supervisor
37contact” means one hour per week of face-to-face contact on an
38individual basis or two hours per week of face-to-face contact in
39a 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.

begin delete17

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.

end delete
13

begin deleteSEC. 31.end delete
14begin insertSEC. 30.end insert  

Section 4984.01 of the Business and Professions
15Code
, as amended by Section 38 of Chapter 799 of the Statutes of
162012, is amended to read:

17

4984.01.  

(a) The marriage and family therapist intern
18registration shall expire one year from the last day of the month
19in which it was issued.

20(b) To renew the registration, the registrant shall, on or before
21the expiration date of the registration, complete all of the following
22actions:

23(1) Apply for renewal on a form prescribed by the board.

24(2) Pay a renewal fee prescribed by the board.

25(3) Notify the board whether he or she has been convicted, as
26defined in Section 490, of a misdemeanor or felony, and whether
27any disciplinary action has been taken against him or her by a
28 regulatory or licensing board in this or any other state subsequent
29to the last renewal of the registration.

30(c) The registration may be renewed a maximum of five times.
31No registration shall be renewed or reinstated beyond six years
32from the last day of the month during which it was issued,
33regardless of whether it has been revoked. When no further
34renewals are possible, an applicant may apply for and obtain a new
35intern registration if the applicant meets the educational
36requirements for registration in effect at the time of the application
37for a new intern registration. An applicant who is issued a
38subsequent intern registration pursuant to this subdivision may be
39employed or volunteer in any allowable work setting except private
40practice.

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

begin deleteSEC. 32.end delete
5begin insertSEC. 31.end insert  

Section 4984.01 of the Business and Professions
6Code
, as amended by Section 39 of Chapter 799 of the Statutes of
72012, is amended to read:

8

4984.01.  

(a) The marriage and family therapist intern
9registration shall expire one year from the last day of the month
10in which it was issued.

11(b) To renew the registration, the registrant shall, on or before
12the expiration date of the registration, complete all of the following
13actions:

14(1) Apply for renewal on a form prescribed by the board.

15(2) Pay a renewal fee prescribed by the board.

16(3) Participate in the California law and ethics examination
17pursuant to Section 4980.399 each year until successful completion
18of this examination.

19(4) Notify the board whether he or she has been convicted, as
20defined in Section 490, of a misdemeanor or felony, and whether
21any disciplinary action has been taken against him or her by a
22regulatory or licensing board in this or any other state subsequent
23to the last renewal of the registration.

24(c) The registration may be renewed a maximum of five times.
25No registration shall be renewed or reinstated beyond six years
26from the last day of the month during which it was issued,
27regardless of whether it has been revoked. When no further
28renewals are possible, an applicant may apply for and obtain a new
29intern registration if the applicant meets the educational
30requirements for registration in effect at the time of the application
31for a new intern registration and has passed the California law and
32ethics examination described in Section 4980.399. An applicant
33who is issued a subsequent intern registration pursuant to this
34subdivision may be employed or volunteer in any allowable work
35setting except private practice.

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

37

begin deleteSEC. 33.end delete
38begin insertSEC. 32.end insert  

Section 4984.7 of the Business and Professions Code,
39as amended by Section 41 of Chapter 799 of the Statutes of 2012,
40is amended to read:

P32   1

4984.7.  

(a) The board shall assess the following fees relating
2to the licensure of marriage and family therapists:

3(1) The application fee for an intern registration shall be
4seventy-five dollars ($75).

5(2) The renewal fee for an intern registration shall be
6seventy-five dollars ($75).

7(3) The fee for the application for examination eligibility shall
8be one hundred dollars ($100).

9(4) The fee for the standard written examination shall be one
10hundred dollars ($100). The fee for the clinical vignette
11examination shall be one hundred dollars ($100).

12(A) An applicant who fails to appear for an examination, after
13having been scheduled to take the examination, shall forfeit the
14examination fee.

15(B) The amount of the examination fees shall be based on the
16actual cost to the board of developing, purchasing, and grading
17each examination and the actual cost to the board of administering
18each examination. The examination fees shall be adjusted
19periodically by regulation to reflect the actual costs incurred by
20the board.

21(5) The fee for rescoring an examination shall be twenty dollars
22($20).

23(6) The fee for issuance of an initial license shall be a maximum
24of one hundred eighty dollars ($180).

25(7) The fee for license renewal shall be a maximum of one
26hundred eighty dollars ($180).

27(8) The fee for inactive license renewal shall be a maximum of
28ninety dollars ($90).

29(9) The renewal delinquency fee shall be a maximum of ninety
30dollars ($90). A person who permits his or her license to expire is
31subject to the delinquency fee.

32(10) The fee for issuance of a replacement registration, license,
33or certificate shall be twenty dollars ($20).

34(11) The fee for issuance of a certificate or letter of good
35standing shall be twenty-five dollars ($25).

36(12) The fee for issuance of a retired license shall be forty dollars
37($40).

38(b) With regard to license, examination, and other fees, the
39board shall establish fee amounts at or below the maximum
40amounts 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

begin deleteSEC. 34.end delete
5begin insertSEC. 33.end insert  

Section 4984.7 of the Business and Professions Code,
6as amended by Section 42 of Chapter 799 of the Statutes of 2012,
7is amended to read:

8

4984.7.  

(a) The board shall assess the following fees relating
9to the licensure of marriage and family therapists:

10(1) The application fee for an intern registration shall be
11seventy-five dollars ($75).

12(2) The renewal fee for an intern registration shall be
13seventy-five dollars ($75).

14(3) The fee for the application for examination eligibility shall
15be one hundred dollars ($100).

16(4) The fee for the clinical examination shall be one hundred
17dollars ($100). The fee for the California law and ethics
18examination shall be one hundred dollars ($100).

19(A) An applicant who fails to appear for an examination, after
20having been scheduled to take the examination, shall forfeit the
21examination fee.

22(B) The amount of the examination fees shall be based on the
23actual cost to the board of developing, purchasing, and grading
24each examination and the actual cost to the board of administering
25each examination. The examination fees shall be adjusted
26periodically by regulation to reflect the actual costs incurred by
27the board.

28(5) The fee for rescoring an examination shall be twenty dollars
29($20).

30(6) The fee for issuance of an initial license shall be a maximum
31of one hundred eighty dollars ($180).

32(7) The fee for license renewal shall be a maximum of one
33hundred eighty dollars ($180).

34(8) The fee for inactive license renewal shall be a maximum of
35ninety dollars ($90).

36(9) The renewal delinquency fee shall be a maximum of ninety
37dollars ($90). A person who permits his or her license to expire is
38subject to the delinquency fee.

39(10) The fee for issuance of a replacement registration, license,
40or 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

begin deleteSEC. 35.end delete
10begin insertSEC. 34.end insert  

Section 4984.72 of the Business and Professions
11Code
, as amended by Section 43 of Chapter 799 of the Statutes of
122012, is amended to read:

13

4984.72.  

(a) An applicant who fails a standard or clinical
14vignette written examination may, within one year from the
15notification date of that failure, retake the examination as regularly
16scheduled without further application upon payment of the fee for
17the examination. Thereafter, the applicant shall not be eligible for
18further examination until he or she files a new application, meets
19all requirements in effect on the date of application, and pays all
20required fees.

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

24

begin deleteSEC. 36.end delete
25begin insertSEC. 35.end insert  

Section 4984.72 of the Business and Professions
26Code
, as amended by Section 44 of Chapter 799 of the Statutes of
272012, is amended to read:

28

4984.72.  

(a) Effective January 1, 2016, an applicant who fails
29the clinical examination may, within one year from the notification
30date of that failure, retake the examination as regularly scheduled
31without further application upon payment of the fee for the
32examination. Thereafter, the applicant shall not be eligible for
33further examination until he or she files a new application, meets
34all requirements in effect on the date of application, and pays all
35required fees.

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

37

begin deleteSEC. 37.end delete
38begin insertSEC. 36.end insert  

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

P35   1

4989.68.  

(a) The board shall assess the following fees relating
2to the licensure of educational psychologists:

3(1) The application fee for examination eligibility shall be one
4hundred dollars ($100).

5(2) The fee for issuance of the initial license shall be a maximum
6amount of one hundred fifty dollars ($150).

7(3) The fee for license renewal shall be a maximum amount of
8one hundred fifty dollars ($150).

9(4) The delinquency fee shall be a maximum amount of
10seventy-five dollars ($75). A person who permits his or her license
11to become delinquent may have it restored only upon payment of
12all the fees that he or she would have paid if the license had not
13become delinquent, plus the payment of any and all delinquency
14fees.

15(5) The written examination fee shall be one hundred dollars
16($100). An applicant who fails to appear for an examination, once
17having been scheduled, shall forfeit any examination fees he or
18she paid.

19(6) The fee for rescoring a written examination shall be twenty
20dollars ($20).

21(7) The fee for issuance of a replacement registration, license,
22or certificate shall be twenty dollars ($20).

23(8) The fee for issuance of a certificate or letter of good standing
24shall be twenty-five dollars ($25).

25(9) The fee for issuance of a retired license shall be forty dollars
26($40).

27(b) With regard to all license, examination, and other fees, the
28board shall establish fee amounts at or below the maximum
29amounts specified in this chapter.

30

begin deleteSEC. 38.end delete
31begin insertSEC. 37.end insert  

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

33

4992.05.  

(a) Effective January 1, 2016, an applicant for
34licensure as a clinical social worker shall pass the following two
35examinations as prescribed by the board:

36(1) A California law and ethics examination.

37(2) A clinical examination.

38(b) Upon registration with the board, an associate social worker
39registrant shall, within the first year of registration, take an
40examination on California law and ethics.

P36   1(c) A registrant may take the clinical examination only upon
2meeting all of the following requirements:

3(1) Completion of all education requirements.

4(2) Passage of the California law and ethics examination.

5(3) Completion of all required supervised work experience.

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

7

begin deleteSEC. 39.end delete
8begin insertSEC. 38.end insert  

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

10

4992.07.  

(a) An applicant who had previously taken and passed
11the standard written examination but had not passed the clinical
12vignette examination shall also obtain a passing score on the
13clinical examination in order to be eligible for licensure.

14(b) An applicant who had previously failed to obtain a passing
15score on the standard written examination shall obtain a passing
16score on the California law and ethics examination and the clinical
17examination.

18(c) An applicant who had obtained eligibility for the standard
19written examination shall take the California law and ethics
20examination and the clinical examination.

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

22

begin deleteSEC. 40.end delete
23begin insertSEC. 39.end insert  

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

25

4992.09.  

(a) Except as provided in subdivision (a) of Section
264992.07, an applicant and registrant shall obtain a passing score
27on a board-administered California law and ethics examination in
28order to qualify for licensure.

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

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

36(d) If a registrant fails to obtain a passing score on the California
37law and ethics examination described in subdivision (a) within his
38or her first renewal period on or after the operative date of this
39section, he or she shall complete, at a minimum, a 12-hour course
40in California law and ethics in order to be eligible to participate
P37   1in the California law and ethics examination. Registrants shall only
2take the 12-hour California law and ethics course once during a
3renewal period. The 12-hour law and ethics course required bybegin delete theend delete
4begin insert this end insert section shall be taken through a board-approved continuing
5education provider, a county, state or governmental entity, or a
6college or university.

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

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

11

begin deleteSEC. 41.end delete
12begin insertSEC. 40.end insert  

Section 4992.1 of the Business and Professions Code,
13as amended by Section 4 of Chapter 800 of the Statutes of 2012,
14is amended to read:

15

4992.1.  

(a) Only individuals who have the qualifications
16prescribed by the board under this chapter are eligible to take the
17examination.

18(b) Every applicant who is issued a clinical social worker license
19shall be examined by the board.

20(c) Notwithstanding any other provision of law, the board may
21destroy all examination materials two years following the date of
22an examination.

23(d) The board shall not deny any applicant, whose application
24for licensure is complete, admission to the standard written
25examination, nor shall the board postpone or delay any applicant’s
26standard written examination or delay informing the candidate of
27the results of the standard written examination, solely upon the
28receipt by the board of a complaint alleging acts or conduct that
29would constitute grounds to deny licensure.

30(e) If an applicant for examination who has passed the standard
31written examination is the subject of a complaint or is under board
32investigation for acts or conduct that, if proven to be true, would
33constitute grounds for the board to deny licensure, the board shall
34permit the applicant to take the clinical vignette written
35examination for licensure, but may withhold the results of the
36examination or notify the applicant that licensure will not be
37granted pending completion of the investigation.

38(f) Notwithstanding Section 135, the board may deny any
39applicant who has previously failed either the standard written or
40clinical vignette written examination permission to retake either
P38   1examination pending completion of the investigation of any
2complaint against the applicant. Nothing in this section shall
3prohibit the board from denying an applicant admission to any
4examination, withholding the results, or refusing to issue a license
5to any applicant when an accusation or statement of issues has
6been filed against the applicant pursuant to Section 11503 or 11504
7of the Government Code, or the applicant has been denied in
8accordance with subdivision (b) of Section 485.

9(g) On or after January 1, 2002, no applicant shall be eligible
10to participate in a clinical vignette written examination if his or
11her passing score on the standard written examination occurred
12more than seven years before.

13(h) This section shall remain in effect only until January 1, 2016,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2016, deletes or extends that date.

16

begin deleteSEC. 42.end delete
17begin insertSEC. 41.end insert  

Section 4992.1 of the Business and Professions Code,
18as amended by Section 5 of Chapter 800 of the Statutes of 2012,
19is amended to read:

20

4992.1.  

(a) Only individuals who have the qualifications
21prescribed by the board under this chapter are eligible to take an
22examination under this chapter.

23(b) Every applicant who is issued a clinical social worker license
24shall be examined by the board.

25(c) Notwithstanding any other provision of law, the board may
26destroy all examination materials two years following the date of
27an examination.

28(d) The board shall not deny any applicant, whose application
29for licensure is complete, admission to the clinical examination,
30nor shall the board postpone or delay any applicant’s clinical
31examination or delay informing the candidate of the results of the
32clinical examination, solely upon the receipt by the board of a
33complaint alleging acts or conduct that would constitute grounds
34to deny licensure.

35(e) If an applicant for examination who has passed the California
36law and ethics examination is the subject of a complaint or is under
37board investigation for acts or conduct that, if proven to be true,
38would constitute grounds for the board to deny licensure, the board
39shall permit the applicant to take the clinical examination for
40licensure, but may withhold the results of the examination or notify
P39   1the applicant that licensure will not be granted pending completion
2of the investigation.

3(f) Notwithstanding Section 135, the board may deny any
4applicant who has previously failed either the California law and
5ethics examination or the clinical examination permission to retake
6either examination pending completion of the investigation of any
7complaint against the applicant. Nothing in this section shall
8prohibit the board from denying an applicant admission to any
9examination, withholding the results, or refusing to issue a license
10to any applicant when an accusation or statement of issues has
11been filed against the applicant pursuant to Section 11503 or 11504
12of the Government Code, or the applicant has been denied in
13accordance with subdivision (b) of Section 485.

14(g) Effective January 1, 2016, no applicant shall be eligible to
15participate in the clinical examination if he or she fails to obtain
16a passing score on the clinical examination within seven years
17from his or her initial attempt, unless he or she takes and obtains
18a passing score on the current version of the California law and
19ethics examination.

20(h) A passing score on the clinical examination shall be accepted
21by the board for a period of seven years from the date the
22examination was taken.

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

24

begin deleteSEC. 43.end delete
25begin insertSEC. 42.end insert  

Section 4996.1 of the Business and Professions Code,
26as amended by Section 52 of Chapter 799 of the Statutes of 2012,
27is amended to read:

28

4996.1.  

(a) The board shall issue a clinical social worker
29license to each applicant who qualifies pursuant to this article and
30successfully passes a board-administered written or oral
31examination or both examinations. An applicant who has
32successfully passed a previously administered written examination
33may be subsequently required to take and pass another written
34examination.

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

P40   1

begin deleteSEC. 44.end delete
2begin insertSEC. 43.end insert  

Section 4996.1 of the Business and Professions Code,
3as amended by Section 53 of Chapter 799 of the Statutes of 2012,
4is amended to read:

5

4996.1.  

(a) Effective January 1, 2016, the board shall issue a
6clinical social worker license to each applicant who qualifies
7pursuant to this article and who successfully passes a California
8law and ethics examination and a clinical examination. An
9applicant who has successfully passed a previously administered
10written examination may be subsequently required to take and pass
11another written examination.

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

13

begin deleteSEC. 45.end delete
14begin insertSEC. 44.end insert  

Section 4996.3 of the Business and Professions Code,
15as amended by Section 54 of Chapter 799 of the Statutes of 2012,
16is amended to read:

17

4996.3.  

(a) The board shall assess the following fees relating
18to the licensure of clinical social workers:

19(1) The application fee for registration as an associate clinical
20social worker shall be seventy-five dollars ($75).

21(2) The fee for renewal of an associate clinical social worker
22registration shall be seventy-five dollars ($75).

23(3) The fee for application for examination eligibility shall be
24one hundred dollars ($100).

25(4) The fee for the standard written examination shall be a
26maximum of one hundred fifty dollars ($150). The fee for the
27clinical vignette examination shall be one hundred dollars ($100).

28(A) An applicant who fails to appear for an examination, after
29having been scheduled to take the examination, shall forfeit the
30examination fees.

31(B) The amount of the examination fees shall be based on the
32actual cost to the board of developing, purchasing, and grading
33each examination and the actual cost to the board of administering
34each examination. The written examination fees shall be adjusted
35periodically by regulation to reflect the actual costs incurred by
36the board.

37(5) The fee for rescoring an examination shall be twenty dollars
38($20).

39(6) The fee for issuance of an initial license shall be a maximum
40of one hundred fifty-five dollars ($155).

P41   1(7) The fee for license renewal shall be a maximum of one
2hundred fifty-five dollars ($155).

3(8) The fee for inactive license renewal shall be a maximum of
4seventy-seven dollars and fifty cents ($77.50).

5(9) The renewal delinquency fee shall be a maximum of
6seventy-five dollars ($75). A person who permits his or her license
7to expire is subject to the delinquency fee.

8(10) The fee for issuance of a replacement registration, license,
9or certificate shall be twenty dollars ($20).

10(11) The fee for issuance of a certificate or letter of good
11standing shall be twenty-five dollars ($25).

12(12) The fee for issuance of a retired license shall be forty dollars
13($40).

14(b) With regard to license, examination, and other fees, the
15board shall establish fee amounts at or below the maximum
16amounts specified in this chapter.

17(c) This section shall remain in effect only until January 1, 2016,
18and as of that date is repealed, unless a later enacted statute, that
19is enacted before January 1, 2016, deletes or extends that date.

20

begin deleteSEC. 46.end delete
21begin insertSEC. 45.end insert  

Section 4996.3 of the Business and Professions Code,
22as amended by Section 55 of Chapter 799 of the Statutes of 2012,
23is amended to read:

24

4996.3.  

(a) The board shall assess the following fees relating
25to the licensure of clinical social workers:

26(1) The application fee for registration as an associate clinical
27social worker shall be seventy-five dollars ($75).

28(2) The fee for renewal of an associate clinical social worker
29registration shall be seventy-five dollars ($75).

30(3) The fee for application for examination eligibility shall be
31one hundred dollars ($100).

32(4) The fee for the clinical examination shall be one hundred
33dollars ($100). The fee for the California law and ethics
34examination shall be one hundred dollars ($100).

35(A) An applicant who fails to appear for an examination, after
36having been scheduled to take the examination, shall forfeit the
37examination fees.

38(B) The amount of the examination fees shall be based on the
39actual cost to the board of developing, purchasing, and grading
40each examination and the actual cost to the board of administering
P42   1each examination. The written examination fees shall be adjusted
2periodically by regulation to reflect the actual costs incurred by
3the board.

4(5) The fee for rescoring an examination shall be twenty dollars
5($20).

6(6) The fee for issuance of an initial license shall be a maximum
7of one hundred fifty-five dollars ($155).

8(7) The fee for license renewal shall be a maximum of one
9hundred fifty-five dollars ($155).

10(8) The fee for inactive license renewal shall be a maximum of
11seventy-seven dollars and fifty cents ($77.50).

12(9) The renewal delinquency fee shall be a maximum of
13seventy-five dollars ($75). A person who permits his or her license
14to expire is subject to the delinquency fee.

15(10) The fee for issuance of a replacement registration, license,
16or certificate shall be twenty dollars ($20).

17(11) The fee for issuance of a certificate or letter of good
18standing shall be twenty-five dollars ($25).

19(12) The fee for issuance of a retired license shall be forty dollars
20($40).

21(b) With regard to license, examination, and other fees, the
22board shall establish fee amounts at or below the maximum
23amounts specified in this chapter.

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

25

begin deleteSEC. 47.end delete
26begin insertSEC. 46.end insert  

Section 4996.4 of the Business and Professions Code,
27as amended by Section 56 of Chapter 799 of the Statutes of 2012,
28is amended to read:

29

4996.4.  

(a) An applicant who fails a standard or clinical
30vignette written examination may, within one year from the
31notification date of failure, retake that examination as regularly
32scheduled, without further application, upon payment of the
33required examination fees. Thereafter, the applicant shall not be
34eligible for further examination until he or she files a new
35application, meets all current requirements, and pays all required
36fees.

37(b) This section shall remain in effect only until January 1, 2016,
38and as of that date is repealed, unless a later enacted statute, that
39is enacted before January 1, 2016, deletes or extends that date.

P43   1

begin deleteSEC. 48.end delete
2begin insertSEC. 47.end insert  

Section 4996.4 of the Business and Professions Code,
3as amended by Section 57 of Chapter 799 of the Statutes of 2012,
4is amended to read:

5

4996.4.  

(a) Effective January 1, 2016, an applicant who fails
6the clinical examination may, within one year from the notification
7date of failure, retake that examination as regularly scheduled,
8without further application, upon payment of the required
9examination fees. Thereafter, the applicant shall not be eligible
10for further examination until he or she files a new application,
11meets all current requirements, and pays all required fees.

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

13

begin deleteSEC. 49.end delete
14begin insertSEC. 48.end insert  

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

16

4996.9.  

The practice of clinical social work is defined as a
17service in which a special knowledge of social resources, human
18capabilities, and the part that unconscious motivation plays in
19determining behavior, is directed at helping people to achieve more
20adequate, satisfying, and productive social adjustments. The
21application of social work principles and methods includes, but is
22not restricted to, counseling and using applied psychotherapy of
23a nonmedical nature with individuals, families, or groups; providing
24information and referral services; providing or arranging for the
25provision of social services; explaining or interpreting the
26psychosocial aspects in the situations of individuals, families, or
27groups; helping communities to organize, to provide, or to improve
28social or health services; doing research related to social work;
29and the use, application, and integration of the coursework and
30experience required by Sections 4996.2 and 4996.23.

31Psychotherapy, within the meaning of this chapter, is the use of
32psychosocial methods within a professional relationship, to assist
33the person or persons to achieve a better psychosocial adaptation,
34to acquire greater human realization of psychosocial potential and
35adaptation, and to modify internal and external conditions which
36affect individuals, groups, or communities in respect to behavior,
37emotions, and thinking, in respect to their intrapersonal and
38interpersonal processes.

P44   1

begin deleteSEC. 50.end delete
2begin insertSEC. 49.end insert  

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

4

4996.17.  

(a) (1) Experience gained outside of California shall
5be accepted toward the licensure requirements if it is substantially
6the equivalent of the requirements of this chapter.

7(2) Commencing January 1, 2014, an applicant with experience
8gained outside of California shall complete an 18-hour course in
9California law and professional ethics. The content of the course
10shall include, but not be limited to, the following: advertising,
11scope of practice, scope of competence, treatment of minors,
12confidentiality, dangerous patients, psychotherapist-patient
13privilege, recordkeeping, patient access to records, state and federal
14laws related to confidentiality of patient health information, dual
15relationships, child abuse, elder and dependent adult abuse, online
16therapy, insurance reimbursement, civil liability, disciplinary
17actions and unprofessional conduct, ethics complaints and ethical
18standards, termination of therapy, standards of care, relevant family
19law, therapist disclosures to patients, differences in legal and ethical
20standards in different types of work settings, and licensing law
21and process.

22(b) The board may issue a license to any person who, at the time
23of application, holds a valid active clinical social work license
24issued by a board of clinical social work examiners or
25corresponding authority of any state, if the person passes, or has
26passed, the licensing examinations as specified in Section 4996.1
27and pays the required fees. Issuance of the license is conditioned
28upon all of the following:

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

34(2) Completion of the following coursework or training in or
35out of this state:

36(A) A minimum of seven contact hours of training or coursework
37in child abuse assessment and reporting as specified in Section 28,
38and any regulations promulgated thereunder.

P45   1(B) A minimum of 10 contact hours of training or coursework
2in human sexuality as specified in Section 25, and any regulations
3promulgated thereunder.

4(C) A minimum of 15 contact hours of training or coursework
5in alcoholism and other chemical substance dependency, as
6specified by regulation.

7(D) A minimum of 15 contact hours of coursework or training
8in spousal or partner abuse assessment, detection, and intervention
9strategies.

10(3) Commencing January 1, 2014, completion of an 18-hour
11course in California law and professional ethics. The content of
12the course shall include, but not be limited to, the following:
13advertising, scope of practice, scope of competence, treatment of
14minors, confidentiality, dangerous patients, psychotherapist-patient
15privilege, recordkeeping, patient access to records, state and federal
16laws related to confidentiality of patient health information, dual
17relationships, child abuse, elder and dependent adult abuse, online
18therapy, insurance reimbursement, civil liability, disciplinary
19actions and unprofessional conduct, ethics complaints and ethical
20standards, termination of therapy, standards of care, relevant family
21law, therapist disclosures to patients, differences in legal and ethical
22standards in different types of work settings, and licensing law
23and process.

24(4) The applicant’s license is not suspended, revoked, restricted,
25sanctioned, or voluntarily surrendered in any state.

26(5) The applicant is not currently under investigation in any
27other state, and has not been charged with an offense for any act
28substantially related to the practice of social work by any public
29agency, entered into any consent agreement or been subject to an
30administrative decision that contains conditions placed by an
31agency upon an applicant’s professional conduct or practice,
32including any voluntary surrender of license, or been the subject
33of an adverse judgment resulting from the practice of social work
34that the board determines constitutes evidence of a pattern of
35incompetence or negligence.

36(6) The applicant shall provide a certification from each state
37where he or she holds a license pertaining to licensure, disciplinary
38action, and complaints pending.

39(7) The applicant is not subject to denial of licensure under
40Section 480, 4992.3, 4992.35, or 4992.36.

P46   1(c) 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 a
4corresponding authority of any state, if the person has held that
5license for at least four years immediately preceding the date of
6application, the person passes, or has passed, the licensing
7examinations as specified in Section 4996.1, and the person pays
8the required fees. Issuance of the license is conditioned upon all
9of the following:

10(1) Completion of the following coursework or training in or
11out of state:

12(A) A minimum of seven contact hours of training or coursework
13in child abuse assessment and reporting as specified in Section 28,
14and any regulations promulgated thereunder.

15(B) A minimum of 10 contact hours of training or coursework
16in human sexuality as specified in Section 25, and any regulations
17promulgated thereunder.

18(C) A minimum of 15 contact hours of training or coursework
19in alcoholism and other chemical substance dependency, as
20specified by regulation.

21(D) A minimum of 15 contact hours of coursework or training
22in spousal or partner abuse assessment, detection, and intervention
23strategies.

24(2) Commencing January 1, 2014, completion of an 18-hour
25course in California law and professional ethics. The content of
26the course shall include, but not be limited to, the following:
27advertising, scope of practice, scope of competence, treatment of
28minors, confidentiality, dangerous patients, psychotherapist-patient
29privilege, recordkeeping, patient access to records, state and federal
30laws related to confidentiality of patient health information, dual
31relationships, child abuse, elder and dependent adult abuse, online
32therapy, insurance reimbursement, civil liability, disciplinary
33actions and unprofessional conduct, ethics complaints and ethical
34standards, termination of therapy, standards of care, relevant family
35law, therapist disclosures to patients, differences in legal and ethical
36standards in different types of work settings, and licensing law
37and process.

38(3) The applicant has been licensed as a clinical social worker
39continuously for a minimum of four years prior to the date of
40application.

P47   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 provides a certification from each state where
14he or she holds a license pertaining to licensure, disciplinary action,
15and complaints pending.

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

18(d) Commencing January 1, 2016, an applicant who obtained
19his or her license or registration under another jurisdiction may
20apply for licensure with the board without taking the clinical
21examination specified in Section 4996.1 if the applicant obtained
22a passing score on the licensing examination set forth in regulation
23as accepted by the board.

24

begin deleteSEC. 51.end delete
25begin insertSEC. 50.end insert  

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

27

4996.18.  

(a) A person who wishes to be credited with
28experience toward licensure requirements shall register with the
29board as an associate clinical social worker prior to obtaining that
30experience. The application shall be made on a form prescribed
31by the board.

32(b) An applicant for registration shall satisfy the following
33requirements:

34(1) Possess a master’s degree from an accredited school or
35department of social work.

36(2) Have committed no crimes or acts constituting grounds for
37denial of licensure under Section 480.

38(3) Commencing January 1, 2014, have completed training or
39 coursework, which may be embedded within more than one course,
P48   1in California law and professional ethics for clinical social workers,
2including instruction in all of the following areas of study:

3(A) Contemporary professional ethics and statutes, regulations,
4and court decisions that delineate the scope of practice of clinical
5social work.

6(B) The therapeutic, clinical, and practical considerations
7involved in the legal and ethical practice of clinical social work,
8including, but not limited to, family law.

9(C) The current legal patterns and trends in the mental health
10professions.

11(D) The psychotherapist-patient privilege, confidentiality,
12dangerous patients, and the treatment of minors with and without
13parental consent.

14(E) A recognition and exploration of the relationship between
15a practitioner’s sense of self and human values, and his or her
16professional behavior and ethics.

17(F) Differences in legal and ethical standards for different types
18of work settings.

19(G) Licensing law and process.

20(c) An applicant who possesses a master’s degree from a school
21or department of social work that is a candidate for accreditation
22by the Commission on Accreditation of the Council on Social
23Work Education shall be eligible, and shall be required, to register
24as an associate clinical social worker in order to gain experience
25toward licensure if the applicant has not committed any crimes or
26acts that constitute grounds for denial of licensure under Section
27480. That applicant shall not, however, be eligible for examination
28until the school or department of social work has received
29accreditation by the Commission on Accreditation of the Council
30on Social Work Education.

31(d) All applicants and registrants shall be at all times under the
32supervision of a supervisor who shall be responsible for ensuring
33that the extent, kind, and quality of counseling performed is
34consistent with the training and experience of the person being
35supervised, and who shall be responsible to the board for
36compliance with all laws, rules, and regulations governing the
37practice of clinical social work.

38(e) Any experience obtained under the supervision of a spouse
39or relative by blood or marriage shall not be credited toward the
40required hours of supervised experience. Any experience obtained
P49   1under the supervision of a supervisor with whom the applicant has
2a personal relationship that undermines the authority or
3effectiveness of the supervision shall not be credited toward the
4required hours of supervised experience.

5(f) An applicant who possesses a master’s degree from an
6accredited school or department of social work shall be able to
7apply experience the applicant obtained during the time the
8accredited school or department was in candidacy status by the
9Commission on Accreditation of the Council on Social Work
10Education toward the licensure requirements, if the experience
11meets the requirements of Section 4996.23. This subdivision shall
12apply retroactively to persons who possess a master’s degree from
13an accredited school or department of social work and who
14obtained experience during the time the accredited school or
15department was in candidacy status by the Commission on
16Accreditation of the Council on Social Work Education.

17(g) An applicant for registration or licensure trained in an
18educational institution outside the United States shall demonstrate
19to the satisfaction of the board that he or she possesses a master’s
20of social work degree that is equivalent to a master’s degree issued
21from a school or department of social work that is accredited by
22the Commission on Accreditation of the Council on Social Work
23Education. These applicants shall provide the board with a
24comprehensive evaluation of the degree and shall provide any
25other documentation the board deems necessary. The board has
26the authority to make the final determination as to whether a degree
27meets all requirements, including, but not limited to, course
28requirements regardless of evaluation or accreditation.

29(h) A registrant shall not provide clinical social work services
30to the public for a fee, monetary or otherwise, except as an
31employee.

32(i) A registrant shall inform each client or patient prior to
33performing any professional services that he or she is unlicensed
34and is under the supervision of a licensed professional.

35

begin deleteSEC. 52.end delete
36begin insertSEC. 51.end insert  

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

38

4996.28.  

(a) Registration as an associate clinical social worker
39shall expire one year from the last day of the month during which
40it was issued. To renew a registration, the registrant shall, on or
P50   1before the expiration date of the registration, complete all of the
2following actions:

3(1) Apply for renewal on a form prescribed by the board.

4(2) Pay a renewal fee prescribed by the board.

5(3) Notify the board whether he or she has been convicted, as
6defined in Section 490, of a misdemeanor or felony, and whether
7any disciplinary action has been taken by a regulatory or licensing
8board in this or any other state, subsequent to the last renewal of
9 the registration.

10(4) On and after January 1, 2016, obtain a passing score on the
11California law and ethics examination pursuant to Section 4992.09.

12(b) A registration as an associate clinical social worker may be
13renewed a maximum of five times. When no further renewals are
14possible, an applicant may apply for and obtain a new associate
15clinical social worker registration if the applicant meets all
16requirements for registration in effect at the time of his or her
17application for a new associate clinical social worker registration.
18An applicant issued a subsequent associate registration pursuant
19to this subdivision may be employed or volunteer in any allowable
20work setting except private practice.

21

begin deleteSEC. 53.end delete
22begin insertSEC. 52.end insert  

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

24

4999.20.  

(a) (1) “Professional clinical counseling” means the
25application of counseling interventions and psychotherapeutic
26techniques to identify and remediate cognitive, mental, and
27emotional issues, including personal growth, adjustment to
28disability, crisis intervention, and psychosocial and environmental
29problems, and the use, application, and integration of the
30coursework and training required by Sections 4999.32 and 4999.33.
31“Professional clinical counseling” includes conducting assessments
32for the purpose of establishing counseling goals and objectives to
33empower individuals to deal adequately with life situations, reduce
34stress, experience growth, change behavior, and make
35well-informed, rational decisions.

36(2) “Professional clinical counseling” is focused exclusively on
37the application of counseling interventions and psychotherapeutic
38techniques for the purposes of improving mental health, and is not
39intended to capture other, nonclinical forms of counseling for the
P51   1purposes of licensure. For purposes of this paragraph, “nonclinical”
2means nonmental health.

3(3) “Professional clinical counseling” does not include the
4assessment or treatment of couples or families unless the
5professional clinical counselor has completed all of the following
6additional training and education, beyond the minimum training
7and education required for licensure:

8(A) One of the following:

9(i) Six semester units or nine quarter units specifically focused
10on the theory and application of marriage and family therapy.

11(ii) A named specialization or emphasis area on the qualifying
12degree in marriage and family therapy; marital and family therapy;
13marriage, family, and child counseling; or couple and family
14therapy.

15(B) No less than 500 hours of documented supervised experience
16working directly with couples, families, or children.

17(C) A minimum of six hours of continuing education specific
18to marriage and family therapy, completed in each license renewal
19cycle.

20(4) “Professional clinical counseling” does not include the
21provision of clinical social work services.

22(b) “Counseling interventions and psychotherapeutic techniques”
23means the application of cognitive, affective, verbal or nonverbal,
24systemic or holistic counseling strategies that include principles
25of development, wellness, and maladjustment that reflect a
26pluralistic society. These interventions and techniques are
27specifically implemented in the context of a professional clinical
28counseling relationship and use a variety of counseling theories
29and approaches.

30(c) “Assessment” means selecting, administering, scoring, and
31interpreting tests, instruments, and other tools and methods
32designed to measure an individual’s attitudes, abilities, aptitudes,
33achievements, interests, personal characteristics, disabilities, and
34mental, emotional, and behavioral concerns and development and
35the use of methods and techniques for understanding human
36behavior in relation to coping with, adapting to, or ameliorating
37changing life situations, as part of the counseling process.
38“Assessment” shall not include the use of projective techniques
39in the assessment of personality, individually administered
40intelligence tests, neuropsychological testing, or utilization of a
P52   1battery of three or more tests to determine the presence of
2psychosis, dementia, amnesia, cognitive impairment, or criminal
3behavior.

4(d) Professional clinical counselors shall refer clients to other
5licensed health care professionals when they identify issues beyond
6their own scope of education, training, and experience.

7

begin deleteSEC. 54.end delete
8begin insertSEC. 53.end insert  

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

10

4999.33.  

(a) This section shall apply to the following:

11(1) Applicants for examination eligibility or registration who
12begin graduate study before August 1, 2012, and do not complete
13that study on or before December 31, 2018.

14(2) Applicants for examination eligibility or registration who
15begin graduate study before August 1, 2012, and who graduate
16from a degree program that meets the requirements of this section.

17(3) Applicants for examination eligibility or registration who
18begin graduate study on or after August 1, 2012.

19(b) To qualify for examination eligibility or registration,
20 applicants shall possess a master’s or doctoral degree that is
21counseling or psychotherapy in content and that meets the
22requirements of this section, obtained from an accredited or
23approved institution, as defined in Section 4999.12. For purposes
24of this subdivision, a degree is “counseling or psychotherapy in
25content” if it contains the supervised practicum or field study
26experience described in paragraph (3) of subdivision (c) and, except
27as provided in subdivision (f), the coursework in the core content
28areas listed in subparagraphs (A) to (M), inclusive, of paragraph
29(1) of subdivision (c).

30(c) The degree described in subdivision (b) shall contain not
31less than 60 graduate semester or 90 graduate quarter units of
32instruction, which shall, except as provided in subdivision (f),
33include all of the following:

34(1) The equivalent of at least three semester units or four and
35 one-half quarter units of graduate study in all of the following core
36content areas:

37(A) Counseling and psychotherapeutic theories and techniques,
38including the counseling process in a multicultural society, an
39orientation to wellness and prevention, counseling theories to assist
40in selection of appropriate counseling interventions, models of
P53   1counseling consistent with current professional research and
2practice, development of a personal model of counseling, and
3multidisciplinary responses to crises, emergencies, and disasters.

4(B) Human growth and development across the lifespan,
5including normal and abnormal behavior and an understanding of
6developmental crises, disability, psychopathology, and situational
7and environmental factors that affect both normal and abnormal
8behavior.

9(C) Career development theories and techniques, including
10career development decisionmaking models and interrelationships
11among and between work, family, and other life roles and factors,
12including the role of multicultural issues in career development.

13(D) Group counseling theories and techniques, including
14principles of group dynamics, group process components, group
15developmental stage theories, therapeutic factors of group work,
16group leadership styles and approaches, pertinent research and
17literature, group counseling methods, and evaluation of
18effectiveness.

19(E) Assessment, appraisal, and testing of individuals, including
20basic concepts of standardized and nonstandardized testing and
21other assessment techniques, norm-referenced and
22criterion-referenced assessment, statistical concepts, social and
23cultural factors related to assessment and evaluation of individuals
24 and groups, and ethical strategies for selecting, administering, and
25interpreting assessment instruments and techniques in counseling.

26(F) Multicultural counseling theories and techniques, including
27counselors’ roles in developing cultural self-awareness, identity
28development, promoting cultural social justice, individual and
29community strategies for working with and advocating for diverse
30populations, and counselors’ roles in eliminating biases and
31prejudices, and processes of intentional and unintentional
32oppression and discrimination.

33(G) Principles of the diagnostic process, including differential
34diagnosis, and the use of current diagnostic tools, such as the
35current edition of the Diagnostic and Statistical Manual, the impact
36of co-occurring substance use disorders or medical psychological
37disorders, established diagnostic criteria for mental or emotional
38disorders, and the treatment modalities and placement criteria
39within the continuum of care.

P54   1(H) Research and evaluation, including studies that provide an
2understanding of research methods, statistical analysis, the use of
3research to inform evidence-based practice, the importance of
4research in advancing the profession of counseling, and statistical
5methods used in conducting research, needs assessment, and
6program evaluation.

7(I) Professional orientation, ethics, and law in counseling,
8including California law and professional ethics for professional
9clinical counselors, professional ethical standards and legal
10considerations, licensing law and process, regulatory laws that
11delineate the profession’s scope of practice, counselor-client
12privilege, confidentiality, the client dangerous to self or others,
13treatment of minors with or without parental consent, relationship
14between practitioner’s sense of self and human values, functions
15and relationships with other human service providers, strategies
16for collaboration, and advocacy processes needed to address
17institutional and social barriers that impede access, equity, and
18success for clients.

19(J) Psychopharmacology, including the biological bases of
20behavior, basic classifications, indications, and contraindications
21of commonly prescribed psychopharmacological medications so
22that appropriate referrals can be made for medication evaluations
23and so that the side effects of those medications can be identified.

24(K) Addictions counseling, including substance abuse,
25co-occurring disorders, and addiction, major approaches to
26identification, evaluation, treatment, and prevention of substance
27abuse and addiction, legal and medical aspects of substance abuse,
28populations at risk, the role of support persons, support systems,
29and community resources.

30(L) Crisis or trauma counseling, including crisis theory;
31multidisciplinary responses to crises, emergencies, or disasters;
32cognitive, affective, behavioral, and neurological effects associated
33with trauma; brief, intermediate, and long-term approaches; and
34assessment strategies for clients in crisis and principles of
35intervention for individuals with mental or emotional disorders
36during times of crisis, emergency, or disaster.

37(M) Advanced counseling and psychotherapeutic theories and
38techniques, including the application of counseling constructs,
39assessment and treatment planning, clinical interventions,
40therapeutic relationships, psychopathology, or other clinical topics.

P55   1(2) In addition to the course requirements described in paragraph
2(1), 15 semester units or 22.5 quarter units of advanced coursework
3to develop knowledge of specific treatment issues or special
4populations.

5(3) Not less than six semester units or nine quarter units of
6supervised practicum or field study experience, or the equivalent,
7in a clinical setting that provides a range of professional clinical
8counseling experience, including the following:

9(A) Applied psychotherapeutic techniques.

10(B) Assessment.

11(C) Diagnosis.

12(D) Prognosis.

13(E) Treatment.

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

15(G) Health and wellness promotion.

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

18(I) How to find and use resources.

19(J) Other recognized counseling interventions.

20(K) A minimum of 280 hours of face-to-face supervised clinical
21experience counseling individuals, families, or groups.

22(d) The 60 graduate semester units or 90 graduate quarter units
23of instruction required pursuant to subdivision (c) shall, in addition
24to meeting the requirements of subdivision (c), include instruction
25in all of the following:

26(1) The understanding of human behavior within the social
27context of socioeconomic status and other contextual issues
28affecting social position.

29(2) The understanding of human behavior within the social
30context of a representative variety of the cultures found within
31California.

32(3) Cultural competency and sensitivity, including a familiarity
33with the racial, cultural, linguistic, and ethnic backgrounds of
34persons living in California.

35(4) An understanding of the effects of socioeconomic status on
36treatment and available resources.

37(5) Multicultural development and cross-cultural interaction,
38including experiences of race, ethnicity, class, spirituality, sexual
39orientation, gender, and disability and their incorporation into the
40psychotherapeutic process.

P56   1(6) Case management, systems of care for the severely mentally
2ill, public and private services for the severely mentally ill,
3community resources for victims of abuse, disaster and trauma
4response, advocacy for the severely mentally ill, and collaborative
5treatment. The instruction required in this paragraph may be
6provided either in credit level coursework or through extension
7programs offered by the degree-granting institution.

8(7) Human sexuality, including the study of the physiological,
9psychological, and social cultural variables associated with sexual
10behavior, gender identity, and the assessment and treatment of
11psychosexual dysfunction.

12(8) Spousal or partner abuse assessment, detection, intervention
13strategies, and same gender abuse dynamics.

14(9) A minimum of seven contact hours of training or coursework
15in child abuse assessment and reporting, as specified in Section
1628, and any regulations promulgated thereunder.

17(10) Aging and long-term care, including biological, social,
18cognitive, and psychological aspects of aging. This coursework
19shall include instruction on the assessment and reporting of, as
20well as treatment related to, elder and dependent adult abuse and
21neglect.

22(e) A degree program that qualifies for licensure under this
23section shall do all of the following:

24(1) Integrate the principles of mental health recovery-oriented
25care and methods of service delivery in recovery-oriented practice
26environments.

27(2) Integrate an understanding of various cultures and the social
28and psychological implications of socioeconomic position.

29(3) Provide the opportunity for students to meet with various
30consumers and family members of consumers of mental health
31services to enhance understanding of their experience of mental
32illness, treatment, and recovery.

33(f) (1) An applicant whose degree is deficient in no more than
34three of the required areas of study listed in subparagraphs (A) to
35(M), inclusive, of paragraph (1) of subdivision (c) may satisfy
36those deficiencies by successfully completing post-master’s or
37postdoctoral degree coursework at an accredited or approved
38institution, as defined in Section 4999.12.

39(2) Coursework taken to meet deficiencies in the required areas
40of study listed in subparagraphs (A) to (M), inclusive, of paragraph
P57   1(1) of subdivision (c) shall be the equivalent of three semester units
2or four and one-half quarter units of study.

3(3) The board shall make the final determination as to whether
4a degree meets all requirements, including, but not limited to,
5course requirements, regardless of accreditation.

6

begin deleteSEC. 55.end delete
7begin insertSEC. 54.end insert  

Section 4999.45 of the Business and Professions
8Code
, as amended by Section 62 of Chapter 799 of the Statutes of
92012, is amended to read:

10

4999.45.  

An intern employed under this chapter shall:

11(a) Not perform any duties, except for those services provided
12as a clinical counselor trainee, until registered as an intern.

13(b) Not be employed or volunteer in a private practice until
14registered as an intern.

15(c) Inform each client prior to performing any professional
16services that he or she is unlicensed and under supervision.

17(d) Renew annually for a maximum of five years after initial
18registration with the board.

19(e) When no further renewals are possible, an applicant may
20apply for and obtain a new intern registration if the applicant meets
21the educational requirements for registration in effect at the time
22of the application for a new intern registration. An applicant issued
23a subsequent intern registration pursuant to this subdivision may
24be employed or volunteer in any allowable work setting except
25private practice.

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

29

begin deleteSEC. 56.end delete
30begin insertSEC. 55.end insert  

Section 4999.45 of the Business and Professions
31Code
, as amended by Section 63 of Chapter 799 of the Statutes of
322012, is amended to read:

33

4999.45.  

(a) An intern employed under this chapter shall:

34(1) Not perform any duties, except for those services provided
35as a clinical counselor trainee, until registered as an intern.

36(2) Not be employed or volunteer in a private practice until
37registered as an intern.

38(3) Inform each client prior to performing any professional
39services that he or she is unlicensed and under supervision.

P58   1(4) Renew annually for a maximum of five years after initial
2registration with the board.

3(b) When no further renewals are possible, an applicant may
4apply for and obtain a new intern registration if the applicant meets
5the educational requirements for registration in effect at the time
6of the application for a new intern registration and has passed the
7California law and ethics examination described in Section
84999.53. An applicant issued a subsequent intern registration
9pursuant to this subdivision may be employed or volunteer in any
10allowable work setting except private practice.

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

12

begin deleteSEC. 57.end delete
13begin insertSEC. 56.end insert  

Section 4999.46 of the Business and Professions
14Code
, as amended by Section 64 of Chapter 799 of the Statutes of
152012, is amended to read:

16

4999.46.  

(a) To qualify for the licensure examinations specified
17in subdivision (c) of Section 4999.52, applicants shall complete
18clinical mental health experience under the general supervision of
19an approved supervisor as defined in Section 4999.12.

20(b) The experience shall include a minimum of 3,000 postdegree
21hours of supervised clinical mental health experience related to
22the practice of professional clinical counseling, performed over a
23period of not less than two years (104 weeks), which shall include:

24(1) Not more than 40 hours in any seven consecutive days.

25(2) Not less than 1,750 hours of direct counseling with
26individuals or groups in a setting described in Section 4999.44
27using a variety of psychotherapeutic techniques and recognized
28counseling interventions within the scope of practice of licensed
29professional clinical counselors.

30(3) Not more than 500 hours of experience providing group
31therapy or group counseling.

32(4) Not more than 375 hours of experience providing personal
33psychotherapy, crisis counseling, or other counseling services via
34telehealth in accordance with Section 2290.5.

35(5) Not less than 150 hours of clinical experience in a hospital
36or community mental health setting, as defined in Section 1820 of
37Title 16 of the California Code of Regulations.

38(6) Not more than a combined total of 1,250 hours of experience
39in the following related activities:

40(A) Direct supervisor contact.

P59   1(B) Client centered advocacy.

2(C) Not more than 250 hours of experience administering tests
3and evaluating psychological tests of clients, writing clinical
4reports, writing progress notes, or writing process notes.

5(D) Not more than 250 hours of verified attendance at
6workshops, seminars, training sessions, or conferences directly
7related to professional clinical counseling that are approved by the
8applicant’s supervisor.

9(c) No hours of clinical mental health experience may be gained
10more than six years prior to the date the application for examination
11eligibility was filed.

12(d) An applicant shall register with the board as an intern in
13order to be credited for postdegree hours of experience toward
14licensure. Postdegree hours of experience shall be credited toward
15licensure, provided that the applicant applies for intern registration
16within 90 days of the granting of the qualifying degree and is
17registered as an intern by the board.

18(e) All applicants and interns shall be at all times under the
19supervision of a supervisor who shall be responsible for ensuring
20that the extent, kind, and quality of counseling performed is
21consistent with the training and experience of the person being
22supervised, and who shall be responsible to the board for
23compliance with all laws, rules, and regulations governing the
24practice of professional clinical counseling.

25(f) Experience obtained under the supervision of a spouse or
26relative by blood or marriage shall not be credited toward the
27 required hours of supervised experience. Experience obtained
28under the supervision of a supervisor with whom the applicant has
29had or currently has a personal, professional, or business
30relationship that undermines the authority or effectiveness of the
31supervision shall not be credited toward the required hours of
32supervised experience.

33(g) Except for experience gained pursuant to subparagraph (D)
34of paragraph (6) of subdivision (b), supervision shall include at
35least one hour of direct supervisor contact in each week for which
36experience is credited in each work setting.

37(1) No more than five hours of supervision, whether individual
38or group, shall be credited during any single week.

39(2) An intern shall receive at least one additional hour of direct
40supervisor contact for every week in which more than 10 hours of
P60   1 face-to-face psychotherapy is performed in each setting in which
2experience is gained.

3(3) For purposes of this section, “one hour of direct supervisor
4contact” means one hour of face-to-face contact on an individual
5basis or two hours of face-to-face contact in a group of not more
6than eight persons in segments lasting no less than one continuous
7hour.

8(4) Notwithstanding paragraph (3), an intern working in a
9governmental entity, a school, a college, or a university, or an
10institution that is both nonprofit and charitable, may obtain the
11required weekly direct supervisor contact via two-way, real-time
12videoconferencing. The supervisor shall be responsible for ensuring
13that client confidentiality is upheld.

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

17

begin deleteSEC. 58.end delete
18begin insertSEC. 57.end insert  

Section 4999.46 of the Business and Professions
19 Code
, as amended by Section 65 of Chapter 799 of the Statutes of
202012, is amended to read:

21

4999.46.  

(a) To qualify for the licensure examination specified
22by paragraph (2) of subdivision (a) of Section 4999.53, applicants
23shall complete clinical mental health experience under the general
24supervision of an approved supervisor as defined in Section
254999.12.

26(b) The experience shall include a minimum of 3,000 postdegree
27hours of supervised clinical mental health experience related to
28the practice of professional clinical counseling, performed over a
29period of not less than two years (104 weeks), which shall include:

30(1) Not more than 40 hours in any seven consecutive days.

31(2) Not less than 1,750 hours of direct counseling with
32 individuals or groups in a setting described in Section 4999.44
33using a variety of psychotherapeutic techniques and recognized
34counseling interventions within the scope of practice of licensed
35professional clinical counselors.

36(3) Not more than 500 hours of experience providing group
37therapy or group counseling.

38(4) Not more than 375 hours of experience providing personal
39psychotherapy, crisis counseling, or other counseling services via
40telehealth in accordance with Section 2290.5.

P61   1(5) Not less than 150 hours of clinical experience in a hospital
2or community mental health setting, as defined in Section 1820 of
3Title 16 of the California Code of Regulations.

4(6) Not more than a combined total of 1,250 hours of experience
5in the following related activities:

6(A) Direct supervisor contact.

7(B) Client centered advocacy.

8(C) Not more than 250 hours of experience administering tests
9and evaluating psychological tests of clients, writing clinical
10reports, writing progress notes, or writing process notes.

11(D) Not more than 250 hours of verified attendance at
12workshops, seminars, training sessions, or conferences directly
13related to professional clinical counseling that are approved by the
14applicant’s supervisor.

15(c) No hours of clinical mental health experience may be gained
16more than six years prior to the date the application for examination
17eligibility was filed.

18(d) An applicant shall register with the board as an intern in
19order to be credited for postdegree hours of experience toward
20licensure. Postdegree hours of experience shall be credited toward
21licensure, provided that the applicant applies for intern registration
22within 90 days of the granting of the qualifying degree and is
23registered as an intern by the board.

24(e) All applicants and interns shall be at all times under the
25supervision of a supervisor who shall be responsible for ensuring
26that the extent, kind, and quality of counseling performed is
27consistent with the training and experience of the person being
28supervised, and who shall be responsible to the board for
29compliance with all laws, rules, and regulations governing the
30practice of professional clinical counseling.

31(f) Experience obtained under the supervision of a spouse or
32relative by blood or marriage shall not be credited toward the
33required hours of supervised experience. Experience obtained
34under the supervision of a supervisor with whom the applicant has
35had or currently has a personal, professional, or business
36relationship that undermines the authority or effectiveness of the
37supervision shall not be credited toward the required hours of
38supervised experience.

39(g) Except for experience gained pursuant to subparagraph (D)
40of paragraph (6) of subdivision (b), supervision shall include at
P62   1least one hour of direct supervisor contact in each week for which
2experience is credited in each work setting.

3(1) No more than five hours of supervision, whether individual
4or group, shall be credited during any single week.

5(2) An intern shall receive at least one additional hour of direct
6supervisor contact for every week in which more than 10 hours of
7face-to-face psychotherapy is performed in each setting in which
8experience is gained.

9(3) For purposes of this section, “one hour of direct supervisor
10contact” means one hour of face-to-face contact on an individual
11basis or two hours of face-to-face contact in a group of not more
12than eight persons in segments lasting no less than one continuous
13hour.

14(4) Notwithstanding paragraph (3), an intern working in a
15governmental entity, a school, a college, or a university, or an
16institution that is both nonprofit and charitable, may obtain the
17required weekly direct supervisor contact via two-way, real-time
18videoconferencing. The supervisor shall be responsible for ensuring
19that client confidentiality is upheld.

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

21

begin deleteSEC. 59.end delete
22begin insertSEC. 58.end insert  

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

24

4999.47.  

(a) Clinical counselor trainees, interns, and applicants
25shall perform services only as an employee or as a volunteer.

26The requirements of this chapter regarding gaining hours of
27clinical mental health experience and supervision are applicable
28equally to employees and volunteers. Experience shall not be
29gained by interns or trainees as an independent contractor.

30(1) If employed, a clinical counselor intern shall provide the
31board with copies of the corresponding W-2 tax forms for each
32year of experience claimed upon application for licensure as a
33professional clinical counselor.

34(2) If volunteering, a clinical counselor intern shall provide the
35board with a letter from his or her employer verifying the intern’s
36employment as a volunteer upon application for licensure as a
37professional clinical counselor.

38(b) Clinical counselor trainees, interns, and applicants shall not
39receive any remuneration from patients or clients, and shall only
40be paid by their employers.

P63   1(c) While an intern may be either a paid employee or a volunteer,
2employers are encouraged to provide fair remuneration.

3(d) Clinical counselor trainees, interns, and applicants who
4provide voluntary services or other services, and who receive no
5more than a total, from all work settings, of five hundred dollars
6($500) per month as reimbursement for expenses actually incurred
7by those clinical counselor trainees, interns, and applicants for
8services rendered in any lawful work setting other than a private
9 practice shall be considered an employee and not an independent
10contractor.

11(e) The board may audit an intern or applicant who receives
12reimbursement for expenses and the intern or applicant shall have
13the burden of demonstrating that the payments received were for
14reimbursement of expenses actually incurred.

15(f) Clinical counselor trainees, interns, and applicants shall only
16perform services at the place where their employer regularly
17conducts business and services, which may include other locations,
18as long as the services are performed under the direction and
19control of the employer and supervisor in compliance with the
20laws and regulations pertaining to supervision. Clinical counselor
21trainees, interns, and applicants shall have no proprietary interest
22in the employer’s business.

23(g) Each educational institution preparing applicants for
24licensure pursuant to this chapter shall consider requiring, and
25shall encourage, its students to undergo individual, marital or
26conjoint, family, or group counseling or psychotherapy, as
27appropriate. Each supervisor shall consider, advise, and encourage
28his or her interns and clinical counselor trainees regarding the
29advisability of undertaking individual, marital or conjoint, family,
30or group counseling or psychotherapy, as appropriate. Insofar as
31it is deemed appropriate and is desired by the applicant, the
32educational institution and supervisors are encouraged to assist
33the applicant in locating that counseling or psychotherapy at a
34reasonable cost.

35

begin deleteSEC. 60.end delete
36begin insertSEC. 59.end insert  

Section 4999.50 of the Business and Professions
37Code
, as amended by Section 66 of Chapter 799 of the Statutes of
382012, is amended to read:

P64   1

4999.50.  

(a) The board may issue a professional clinical
2counselor license to any person who meets all of the following
3requirements:

4(1) He or she has received a master’s or doctoral degree
5described in Section 4999.32 or 4999.33, as applicable.

6(2) He or she has completed at least 3,000 hours of supervised
7experience in the practice of professional clinical counseling as
8provided in Section 4999.46.

9(3) He or she provides evidence of a passing score, as
10determined by the board, on examinations designated by the board
11pursuant to Section 4999.52.

12(b) An applicant who has satisfied the requirements of this
13chapter shall be issued a license as a professional clinical counselor
14in the form that the board may deem appropriate.

15(c) The board shall begin accepting applications for examination
16eligibility on January 1, 2012.

17(d) This section shall remain in effect only until January 1, 2016,
18and as of that date is repealed, unless a later enacted statute, that
19is enacted before January 1, 2016, deletes or extends that date.

20

begin deleteSEC. 61.end delete
21begin insertSEC. 60.end insert  

Section 4999.50 of the Business and Professions
22Code
, as amended by Section 67 of Chapter 799 of the Statutes of
232012, is amended to read:

24

4999.50.  

(a) The board may issue a professional clinical
25counselor license to any person who meets all of the following
26requirements:

27(1) He or she has received a master’s or doctoral degree
28described in Section 4999.32 or 4999.33, as applicable.

29(2) He or she has completed at least 3,000 hours of supervised
30experience in the practice of professional clinical counseling as
31provided in Section 4999.46.

32(3) He or she provides evidence of a passing score, as
33determined by the board, on the examinations designated in Section
344999.53.

35(b) An applicant who has satisfied the requirements of this
36chapter shall be issued a license as a professional clinical counselor
37in the form that the board may deem appropriate.

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

P65   1

begin deleteSEC. 62.end delete
2begin insertSEC. 61.end insert  

Section 4999.52 of the Business and Professions
3Code
, as amended by Section 10 of Chapter 800 of the Statutes of
42012, is amended to read:

5

4999.52.  

(a) Except as provided in Section 4999.54, every
6applicant for a license as a professional clinical counselor shall be
7examined by the board. The board shall examine the candidate
8with regard to his or her knowledge and professional skills and his
9or her judgment in the utilization of appropriate techniques and
10methods.

11(b) The examinations shall be given at least twice a year at a
12time and place and under supervision as the board may determine.

13(c) (1) It is the intent of the Legislature that national licensing
14examinations, such as the National Counselor Examination for
15Licensure and Certification (NCE) and the National Clinical Mental
16Health Counselor Examination (NCMHCE), be evaluated by the
17board as requirements for licensure as a professional clinical
18counselor.

19(2) The board shall evaluate various national examinations in
20order to determine whether they meet the prevailing standards for
21the validation and use of licensing and certification tests in
22California.

23(3) The Department of Consumer Affairs’ Office of Professional
24Examination Services shall review the occupational analysis that
25was used for developing the national examinations in order to
26determine if it adequately describes the licensing group and
27adequately determines the tasks, knowledge, skills, and abilities
28the licensed professional clinical counselor would need to perform
29the functions under this chapter.

30(4) Examinations shall measure knowledge and abilities
31demonstrably important to the safe, effective practice of the
32 profession.

33(5) If national examinations do not meet the standards specified
34in paragraph (2), the board may require a passing score on either
35of the following:

36(A) The national examinations plus one or more
37board-developed examinations.

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

39(6) If the board decides to require a national examination
40specified in paragraph (1), a passing score on this examination
P66   1shall be accepted by the board for a period of seven years from
2the date the examination was taken.

3(7) If the board decides to require the examinations specified
4in paragraph (5), a passing score on these examinations shall be
5accepted by the board for a period of seven years from the date
6 the examination was taken.

7(8) The licensing examinations shall also incorporate a
8California law and ethics examination element that is acceptable
9to the board, or, as an alternative, the board may develop a separate
10California law and ethics examination.

11(d) The board shall not deny any applicant who has submitted
12a complete application for examination admission to the licensure
13examinations required by this section if the applicant meets the
14educational and experience requirements of this chapter, and has
15not committed any acts or engaged in any conduct that would
16constitute grounds to deny licensure.

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

23(f) If an applicant for examination is the subject of a complaint
24or is under board investigation for acts or conduct that, if proven
25to be true, would constitute grounds for the board to deny licensure,
26the board shall permit the applicant to take the examinations, but
27may notify the applicant that licensure will not be granted pending
28completion of the investigation.

29(g) Notwithstanding Section 135, the board may deny any
30applicant who has previously failed an examination permission to
31retake that examination pending completion of the investigation
32of any complaints against the applicant.

33(h) Nothing in this section shall prohibit the board from denying
34an applicant admission to any examination, withholding the results,
35or refusing to issue a license to any applicant when an accusation
36or statement of issues has been filed against the applicant pursuant
37to Section 11503 or 11504 of the Government Code, respectively,
38or the application has been denied in accordance with subdivision
39(b) of Section 485.

P67   1(i) Notwithstanding any other provision of law, the board may
2destroy all examination materials two years following the date of
3an examination.

4(j) 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

begin deleteSEC. 63.end delete
8begin insertSEC. 62.end insert  

Section 4999.52 of the Business and Professions
9Code
, as amended by Section 11 of Chapter 800 of the Statutes of
102012, is amended to read:

11

4999.52.  

(a) Except as provided in Section 4999.54, every
12applicant for a license as a professional clinical counselor shall be
13examined by the board. The board shall examine the candidate
14with regard to his or her knowledge and professional skills and his
15or her judgment in the utilization of appropriate techniques and
16methods.

17(b) The examinations shall be given at least twice a year at a
18time and place and under supervision as the board may determine.

19(c) The board shall not deny any applicant who has submitted
20a complete application for examination admission to the licensure
21examinations required by this section if the applicant meets the
22educational and experience requirements of this chapter, and has
23 not committed any acts or engaged in any conduct that would
24constitute grounds to deny licensure.

25(d) The board shall not deny any applicant whose application
26for licensure is complete admission to the examinations specified
27by paragraph (2) of subdivision (a) of Section 4999.53, nor shall
28the board postpone or delay this examination for any applicant or
29delay informing the candidate of the results of this examination,
30solely upon the receipt by the board of a complaint alleging acts
31or conduct that would constitute grounds to deny licensure.

32(e) If an applicant for the examination specified by paragraph
33(2) of subdivision (a) of Section 4999.53, who has passed the
34California law and ethics 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 this examination, but
38may notify the applicant that licensure will not be granted pending
39completion of the investigation.

P68   1(f) Notwithstanding Section 135, the board may deny any
2applicant who has previously failed either the California law and
3ethics examination, or the examination specified by paragraph (2)
4of subdivision (a) of Section 4999.53, permission to retake either
5examination pending completion of the investigation of any
6complaints against the applicant.

7(g) Nothing in this section shall prohibit the board from denying
8an applicant admission to any examination, withholding the results,
9or refusing to issue a license to any applicant when an accusation
10or statement of issues has been filed against the applicant pursuant
11to Section 11503 or 11504 of the Government Code, respectively,
12or the application has been denied in accordance with subdivision
13(b) of Section 485.

14(h) Notwithstanding any other provision of law, the board may
15destroy all examination materials two years following the date of
16an examination.

17(i) On and after January 1, 2016, the examination specified by
18paragraph (2) of subdivision (a) of Section 4999.53 shall be passed
19within seven years of an applicant’s initial attempt.

20(j) A passing score on the clinical examination shall be accepted
21by the board for a period of seven years from the date the
22examination was taken.

23(k) No applicant shall be eligible to participate in the
24examination specified by paragraph (2) of subdivision (a) of
25Section 4999.53, if he or she fails to obtain a passing score on this
26examination within seven years from his or her initial attempt. If
27 the applicant fails to obtain a passing score within seven years of
28initial attempt, he or she shall obtain a passing score on the current
29version of the California law and ethics examination in order to
30be eligible to retake this examination.

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

32

begin deleteSEC. 64.end delete
33begin insertSEC. 63.end insert  

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

35

4999.53.  

(a) Effective January 1, 2016, a clinical counselor
36intern applying for licensure as a clinical counselor shall pass the
37following examinations as prescribed by the board:

38(1) A California law and ethics examination.

39(2) A clinical examination administered by the board, or the
40National Clinical Mental Health Counselor Examination if the
P69   1board finds that this examination meets the prevailing standards
2for validation and use of the licensing and certification tests in
3California.

4(b) Upon registration with the board, a clinical counselor intern
5shall, within the first year of registration, take an examination on
6California law and ethics.

7(c) A registrant may take the clinical examination or the National
8Clinical Mental Health Counselor Examination, as established by
9the board through regulation, only upon meeting all of the
10following requirements:

11(1) Completion of all required supervised work experience.

12(2) Completion of all education requirements.

13(3) Passage of the California law and ethics examination.

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

15

begin deleteSEC. 65.end delete
16begin insertSEC. 64.end insert  

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

18

4999.55.  

(a) Each applicant and registrant shall obtain a
19passing score on a board-administered California law and ethics
20examination in order to qualify for licensure.

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

24(c) If an applicant fails the California law and ethicsbegin delete exam,end delete
25begin insert examination,end insert he or she may retake the examination, upon payment
26of the required fees, without further application, except as provided
27in subdivision (d).

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

P70   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 January 1, 2016.

begin delete
5

SEC. 66.  

Section 4999.60 of the Business and Professions
6Code
is amended to read:

7

4999.60.  

(a) This section applies to persons who are licensed
8outside of California and apply for examination eligibility on or
9after January 1, 2014.

10(b) The board may issue a license to a person who, at the time
11of submitting an application for a license pursuant to this chapter,
12holds a valid license as a professional clinical counselor, or other
13counseling license that allows the applicant to independently
14provide clinical mental health services, in another jurisdiction of
15the United States if all of the following conditions are satisfied:

16(1) The applicant’s education is substantially equivalent, as
17defined in Section 4999.62.

18(2) The applicant complies with subdivision (b) of Section
194999.40, if applicable.

20(3) The applicant’s supervised experience is substantially
21equivalent to that required for a license under this chapter. If the
22applicant has less than 3,000 hours of qualifying supervised
23experience, time actively licensed as a professional clinical
24counselor shall be accepted at a rate of 100 hours per month up to
25a maximum of 1,200 hours.

26(4) The applicant passes the examinations required to obtain a
27license under this chapter. An applicant who obtained his or her
28license or registration under another jurisdiction may apply for
29licensure with the board without taking the clinical examination
30if both of the following conditions are met:

31(A) The applicant obtained a passing score on the licensing
32examination set forth in regulation as accepted by the board.

33(B) The applicant’s license or registration in that jurisdiction is
34in good standing at the time of his or her application and has not
35been revoked, suspended, surrendered, denied, or otherwise
36restricted or encumbered as a result of any disciplinary proceeding
37brought by the licensing authority of that jurisdiction.

end delete
38

begin deleteSEC. 67.end delete
39begin insertSEC. 65.end insert  

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

P71   1

4999.64.  

(a) Effective January 1, 2016, an applicant who fails
2the examination specified in paragraph (2) of subdivision (a) of
3Section 4999.53 may, within one year from the notification date
4of that failure, retake the examination as regularly scheduled
5without further application upon payment of the fee for the
6examination. Thereafter, the applicant shall not be eligible for
7further examination until he or she files a new application, meets
8all requirements in effect on the date of application, and pays all
9required fees.

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

11

begin deleteSEC. 68.end delete
12begin insertSEC. 66.end insert  

Section 4999.100 of the Business and Professions
13Code
, as amended by Section 80 of Chapter 799 of the Statutes of
142012, is amended to read:

15

4999.100.  

(a) An intern registration shall expire one year from
16the last day of the month in which it was issued.

17(b) To renew a registration, the registrant shall, on or before the
18expiration date of the registration, do the following:

19(1) Apply for a renewal on a form prescribed by the board.

20(2) Pay a renewal fee prescribed by the board.

21(3) Notify the board whether he or she has been convicted, as
22defined in Section 490, of a misdemeanor or felony, or whether
23any disciplinary action has been taken by any regulatory or
24licensing board in this or any other state, subsequent to the
25registrant’s last renewal.

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

29

begin deleteSEC. 69.end delete
30begin insertSEC. 67.end insert  

Section 4999.100 of the Business and Professions
31Code
, as amended by Section 81 of Chapter 799 of the Statutes of
322012, is amended to read:

33

4999.100.  

(a) An intern registration shall expire one year from
34the last day of the month in which it was issued.

35(b) To renew a registration, the registrant shall, on or before the
36expiration date of the registration, do the following:

37(1) Apply for a renewal on a form prescribed by the board.

38(2) Pay a renewal fee prescribed by the board.

39(3) Notify the board whether he or she has been convicted, as
40defined in Section 490, of a misdemeanor or felony, or whether
P72   1any disciplinary action has been taken by any regulatory or
2licensing board in this or any other state, subsequent to the
3registrant’s last renewal.

4(4) Participate in the California law and ethics examination
5pursuant to Section 4999.53 each year until successful completion
6of this examination.

7(c) The intern registration may be renewed a maximum of five
8times. No registration shall be renewed or reinstated beyond six
9years from the last day of the month during which it was issued,
10regardless of whether it has been revoked. When no further
11renewals are possible, an applicant may apply for and obtain a new
12intern registration if the applicant meets the educational
13requirements for registration in effect at the time of the application
14for a new intern registration and has passed the California law and
15ethics examination described in Section 4999.53. An applicant
16who is issued a subsequent intern registration pursuant to this
17subdivision may be employed or volunteer in any allowable work
18setting except private practice.

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

20

begin deleteSEC. 70.end delete
21begin insertSEC. 68.end insert  

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

23

14132.  

The following is the schedule of benefits under this
24chapter:

25(a) Outpatient services are covered as follows:

26Physician, hospital or clinic outpatient, surgical center,
27respiratory care, optometric, chiropractic, psychology, podiatric,
28occupational therapy, physical therapy, speech therapy, audiology,
29acupuncture to the extent federal matching funds are provided for
30acupuncture, and services of persons rendering treatment by prayer
31or healing by spiritual means in the practice of any church or
32religious denomination insofar as these can be encompassed by
33federal participation under an approved plan, subject to utilization
34controls.

35(b) (1) Inpatient hospital services, including, but not limited
36to, physician and podiatric services, physical therapy and
37occupational therapy, are covered subject to utilization controls.

38(2) For Medi-Cal fee-for-service beneficiaries, emergency
39services and care that are necessary for the treatment of an
40emergency medical condition and medical care directly related to
P73   1the emergency medical condition. This paragraph shall not be
2construed to change the obligation of Medi-Cal managed care
3plans to provide emergency services and care. For the purposes of
4this paragraph, “emergency services and care” and “emergency
5medical condition” shall have the same meanings as those terms
6are defined in Section 1317.1 of the Health and Safety Code.

7(c) Nursing facility services, subacute care services, and services
8provided by any category of intermediate care facility for the
9developmentally disabled, including podiatry, physician, nurse
10practitioner services, and prescribed drugs, as described in
11subdivision (d), are covered subject to utilization controls.
12Respiratory care, physical therapy, occupational therapy, speech
13therapy, and audiology services for patients in nursing facilities
14and any category of intermediate care facility for the
15developmentally disabled are covered subject to utilization controls.

16(d) (1) Purchase of prescribed drugs is covered subject to the
17Medi-Cal List of Contract Drugs and utilization controls.

18(2) Purchase of drugs used to treat erectile dysfunction or any
19off-label uses of those drugs are covered only to the extent that
20federal financial participation is available.

21(3) (A) To the extent required by federal law, the purchase of
22outpatient prescribed drugs, for which the prescription is executed
23by a prescriber in written, nonelectronic form on or after April 1,
242008, is covered only when executed on a tamper resistant
25prescription form. The implementation of this paragraph shall
26conform to the guidance issued by the federal Centers for Medicare
27and Medicaid Services but shall not conflict with state statutes on
28the characteristics of tamper resistant prescriptions for controlled
29substances, including Section 11162.1 of the Health and Safety
30Code. The department shall provide providers and beneficiaries
31with as much flexibility in implementing these rules as allowed
32by the federal government. The department shall notify and consult
33with appropriate stakeholders in implementing, interpreting, or
34making specific this paragraph.

35(B) Notwithstanding Chapter 3.5 (commencing with Section
3611340) of Part 1 of Division 3 of Title 2 of the Government Code,
37the department may take the actions specified in subparagraph (A)
38by means of a provider bulletin or notice, policy letter, or other
39similar instructions without taking regulatory action.

P74   1(4) (A) (i) For the purposes of this paragraph, nonlegend has
2the same meaning as defined in subdivision (a) of Section
314105.45.

4(ii) Nonlegend acetaminophen-containing products, with the
5 exception of children’s acetaminophen-containing products,
6selected by the department are not covered benefits.

7(iii) Nonlegend cough and cold products selected by the
8department are not covered benefits. This clause shall be
9implemented on the first day of the first calendar month following
1090 days after the effective date of the act that added this clause,
11or on the first day of the first calendar month following 60 days
12after the date the department secures all necessary federal approvals
13to implement this section, whichever is later.

14(iv) Beneficiaries under the Early and Periodic Screening,
15Diagnosis, and Treatment Program shall be exempt from clauses
16(ii) and (iii).

17(B) Notwithstanding Chapter 3.5 (commencing with Section
1811340) of Part 1 of Division 3 of Title 2 of the Government Code,
19the department may take the actions specified in subparagraph (A)
20by means of a provider bulletin or notice, policy letter, or other
21similar instruction without taking regulatory action.

22(e) Outpatient dialysis services and home hemodialysis services,
23including physician services, medical supplies, drugs and
24equipment required for dialysis, are covered, subject to utilization
25controls.

26(f) Anesthesiologist services when provided as part of an
27outpatient medical procedure, nurse anesthetist services when
28rendered in an inpatient or outpatient setting under conditions set
29forth by the director, outpatient laboratory services, and X-ray
30services are covered, subject to utilization controls. Nothing in
31this subdivision shall be construed to require prior authorization
32for anesthesiologist services provided as part of an outpatient
33medical procedure or for portable X-ray services in a nursing
34facility or any category of intermediate care facility for the
35developmentally disabled.

36(g) Blood and blood derivatives are covered.

37(h) (1) Emergency and essential diagnostic and restorative
38dental services, except for orthodontic, fixed bridgework, and
39partial dentures that are not necessary for balance of a complete
40artificial denture, are covered, subject to utilization controls. The
P75   1utilization controls shall allow emergency and essential diagnostic
2and restorative dental services and prostheses that are necessary
3to prevent a significant disability or to replace previously furnished
4prostheses which are lost or destroyed due to circumstances beyond
5the beneficiary’s control. Notwithstanding the foregoing, the
6director may by regulation provide for certain fixed artificial
7dentures necessary for obtaining employment or for medical
8conditions that preclude the use of removable dental prostheses,
9and for orthodontic services in cleft palate deformities administered
10by the department’s California Children Services Program.

11(2) For persons 21 years of age or older, the services specified
12in paragraph (1) shall be provided subject to the following
13conditions:

14(A) Periodontal treatment is not a benefit.

15(B) Endodontic therapy is not a benefit except for vital
16pulpotomy.

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

18(D) Removable prosthetics shall be a benefit only for patients
19as a requirement for employment.

20(E) The director may, by regulation, provide for the provision
21of fixed artificial dentures that are necessary for medical conditions
22that preclude the use of removable dental prostheses.

23(F) Notwithstanding the conditions specified in subparagraphs
24(A) to (E), inclusive, the department may approve services for
25persons with special medical disorders subject to utilization review.

26(3) Paragraph (2) shall become inoperative July 1, 1995.

27(i) Medical transportation is covered, subject to utilization
28controls.

29(j) Home health care services are covered, subject to utilization
30controls.

31(k) Prosthetic and orthotic devices and eyeglasses are covered,
32subject to utilization controls. Utilization controls shall allow
33replacement of prosthetic and orthotic devices and eyeglasses
34necessary because of loss or destruction due to circumstances
35beyond the beneficiary’s control. Frame styles for eyeglasses
36replaced pursuant to this subdivision shall not change more than
37once every two years, unless the department so directs.

38Orthopedic and conventional shoes are covered when provided
39by a prosthetic and orthotic supplier on the prescription of a
40physician and when at least one of the shoes will be attached to a
P76   1prosthesis or brace, subject to utilization controls. Modification
2of stock conventional or orthopedic shoes when medically
3indicated, is covered subject to utilization controls. When there is
4a clearly established medical need that cannot be satisfied by the
5modification of stock conventional or orthopedic shoes,
6custom-made orthopedic shoes are covered, subject to utilization
7controls.

8Therapeutic shoes and inserts are covered when provided to
9beneficiaries with a diagnosis of diabetes, subject to utilization
10controls, to the extent that federal financial participation is
11available.

12(l) Hearing aids are covered, subject to utilization controls.
13Utilization controls shall allow replacement of hearing aids
14necessary because of loss or destruction due to circumstances
15beyond the beneficiary’s control.

16(m) Durable medical equipment and medical supplies are
17covered, subject to utilization controls. The utilization controls
18shall allow the replacement of durable medical equipment and
19medical supplies when necessary because of loss or destruction
20due to circumstances beyond the beneficiary’s control. The
21utilization controls shall allow authorization of durable medical
22equipment needed to assist a disabled beneficiary in caring for a
23child for whom the disabled beneficiary is a parent, stepparent,
24foster parent, or legal guardian, subject to the availability of federal
25financial participation. The department shall adopt emergency
26regulations to define and establish criteria for assistive durable
27medical equipment in accordance with the rulemaking provisions
28of the Administrative Procedure Act (Chapter 3.5 (commencing
29with Section 11340) of Part 1 of Division 3 of Title 2 of the
30Government Code).

31(n) Family planning services are covered, subject to utilization
32 controls.

33(o) Inpatient intensive rehabilitation hospital services, including
34respiratory rehabilitation services, in a general acute care hospital
35are covered, subject to utilization controls, when either of the
36following criteria are met:

37(1) A patient with a permanent disability or severe impairment
38requires an inpatient intensive rehabilitation hospital program as
39described in Section 14064 to develop function beyond the limited
40amount that would occur in the normal course of recovery.

P77   1(2) A patient with a chronic or progressive disease requires an
2inpatient intensive rehabilitation hospital program as described in
3Section 14064 to maintain the patient’s present functional level as
4long as possible.

5(p) (1) Adult day health care is covered in accordance with
6Chapter 8.7 (commencing with Section 14520).

7(2) Commencing 30 days after the effective date of the act that
8added this paragraph, and notwithstanding the number of days
9previously approved through a treatment authorization request,
10adult day health care is covered for a maximum of three days per
11week.

12(3) As provided in accordance with paragraph (4), adult day
13health care is covered for a maximum of five days per week.

14(4) As of the date that the director makes the declaration
15described in subdivision (g) of Section 14525.1, paragraph (2)
16shall become inoperative and paragraph (3) shall become operative.

17(q) (1) Application of fluoride, or other appropriate fluoride
18treatment as defined by the department, and other prophylaxis
19treatment for children 17 years of age and under are covered.

20(2) All dental hygiene services provided by a registered dental
21hygienist, registered dental hygienist in extended functions, and
22registered dental hygienist in alternative practice licensed pursuant
23to Sections 1753, 1917, 1918, and 1922 of the Business and
24Professions Code may be covered as long as they are within the
25scope of Denti-Cal benefits and they are necessary services
26provided by a registered dental hygienist, registered dental
27hygienist in extended functions, or registered dental hygienist in
28alternative practice.

29(r) (1) Paramedic services performed by a city, county, or
30special district, or pursuant to a contract with a city, county, or
31special district, and pursuant to a program established under Article
323 (commencing with Section 1480) of Chapter 2.5 of Division 2
33of the Health and Safety Code by a paramedic certified pursuant
34to that article, and consisting of defibrillation and those services
35specified in subdivision (3) of Section 1482 of the article.

36(2) All providers enrolled under this subdivision shall satisfy
37all applicable statutory and regulatory requirements for becoming
38a Medi-Cal provider.

39(3) This subdivision shall be implemented only to the extent
40funding is available under Section 14106.6.

P78   1(s) In-home medical care services are covered when medically
2appropriate and subject to utilization controls, for beneficiaries
3who would otherwise require care for an extended period of time
4in an acute care hospital at a cost higher than in-home medical
5care services. The director shall have the authority under this
6section to contract with organizations qualified to provide in-home
7medical care services to those persons. These services may be
8provided to patients placed in shared or congregate living
9arrangements, if a home setting is not medically appropriate or
10available to the beneficiary. As used in this section, “in-home
11medical care service” includes utility bills directly attributable to
12continuous, 24-hour operation of life-sustaining medical equipment,
13to the extent that federal financial participation is available.

14As used in this subdivision, in-home medical care services
15include, but are not limited to:

16(1) Level of care and cost of care evaluations.

17(2) Expenses, directly attributable to home care activities, for
18materials.

19(3) Physician fees for home visits.

20(4) Expenses directly attributable to home care activities for
21shelter and modification to shelter.

22(5) Expenses directly attributable to additional costs of special
23diets, including tube feeding.

24(6) Medically related personal services.

25(7) Home nursing education.

26(8) Emergency maintenance repair.

27(9) Home health agency personnel benefits which permit
28coverage of care during periods when regular personnel are on
29vacation or using sick leave.

30(10) All services needed to maintain antiseptic conditions at
31stoma or shunt sites on the body.

32(11) Emergency and nonemergency medical transportation.

33(12) Medical supplies.

34(13) Medical equipment, including, but not limited to, scales,
35gurneys, and equipment racks suitable for paralyzed patients.

36(14) Utility use directly attributable to the requirements of home
37care activities which are in addition to normal utility use.

38(15) Special drugs and medications.

P79   1(16) Home health agency supervision of visiting staff which is
2medically necessary, but not included in the home health agency
3rate.

4(17) Therapy services.

5(18) Household appliances and household utensil costs directly
6attributable to home care activities.

7(19) Modification of medical equipment for home use.

8(20) Training and orientation for use of life-support systems,
9including, but not limited to, support of respiratory functions.

10(21) Respiratory care practitioner services as defined in Sections
113702 and 3703 of the Business and Professions Code, subject to
12prescription by a physician and surgeon.

13Beneficiaries receiving in-home medical care services are entitled
14to the full range of services within the Medi-Cal scope of benefits
15as defined by this section, subject to medical necessity and
16applicable utilization control. Services provided pursuant to this
17subdivision, which are not otherwise included in the Medi-Cal
18schedule of benefits, shall be available only to the extent that
19federal financial participation for these services is available in
20accordance with a home- and community-based services waiver.

21(t) Home- and community-based services approved by the
22United States Department of Health and Human Servicesbegin delete may beend delete
23begin insert areend insert covered to the extent that federal financial participation is
24available for those services underbegin insert the state plan orend insert waivers granted
25in accordance with Sectionbegin insert 1315 orend insert 1396n of Title 42 of the United
26States Code. The director may seek waivers for any or all home-
27and community-based services approvable under Sectionbegin insert 1315 orend insert
28 1396n of Title 42 of the United States Code. Coverage for those
29services shall be limited by the terms, conditions, and duration of
30the federal waivers.

31(u) Comprehensive perinatal services, as provided through an
32agreement with a health care provider designated in Section
3314134.5 and meeting the standards developed by the department
34pursuant to Section 14134.5, subject to utilization controls.

35The department shall seek any federal waivers necessary to
36implement the provisions of this subdivision. The provisions for
37which appropriate federal waivers cannot be obtained shall not be
38implemented. Provisions for which waivers are obtained or for
39which waivers are not required shall be implemented
40notwithstanding any inability to obtain federal waivers for the
P80   1other provisions. No provision of this subdivision shall be
2implemented unless matching funds from Subchapter XIX
3(commencing with Section 1396) of Chapter 7 of Title 42 of the
4United States Code are available.

5(v) Early and periodic screening, diagnosis, and treatment for
6any individual under 21 years of age is covered, consistent with
7the requirements of Subchapter XIX (commencing with Section
81396) of Chapter 7 of Title 42 of the United States Code.

9(w) Hospice service which is Medicare-certified hospice service
10is covered, subject to utilization controls. Coverage shall be
11available only to the extent that no additional net program costs
12are incurred.

13(x) When a claim for treatment provided to a beneficiary
14includes both services which are authorized and reimbursable
15under this chapter, and services which are not reimbursable under
16this chapter, that portion of the claim for the treatment and services
17 authorized and reimbursable under this chapter shall be payable.

18(y) Home- and community-based services approved by the
19United States Department of Health and Human Services for
20beneficiaries with a diagnosis of AIDS or ARC, who require
21intermediate care or a higher level of care.

22Services provided pursuant to a waiver obtained from the
23Secretary of the United States Department of Health and Human
24Services pursuant to this subdivision, and which are not otherwise
25included in the Medi-Cal schedule of benefits, shall be available
26only to the extent that federal financial participation for these
27services is available in accordance with the waiver, and subject to
28the terms, conditions, and duration of the waiver. These services
29shall be provided to individual beneficiaries in accordance with
30the client’s needs as identified in the plan of care, and subject to
31medical necessity and applicable utilization control.

32The director may under this section contract with organizations
33qualified to provide, directly or by subcontract, services provided
34for in this subdivision to eligible beneficiaries. Contracts or
35agreements entered into pursuant to this division shall not be
36subject to the Public Contract Code.

37(z) Respiratory care when provided in organized health care
38systems as defined in Section 3701 of the Business and Professions
39Code, and as an in-home medical service as outlined in subdivision
40(s).

P81   1(aa) (1) There is hereby established in the department, a
2program to provide comprehensive clinical family planning
3services to any person who has a family income at or below 200
4percent of the federal poverty level, as revised annually, and who
5is eligible to receive these services pursuant to the waiver identified
6in paragraph (2). This program shall be known as the Family
7Planning, Access, Care, and Treatment (Family PACT) Program.

8(2) The department shall seek a waiver in accordance with
9Section 1315 of Title 42 of the United States Code, or a state plan
10amendment adopted in accordance with Section
11begin delete 1396a(a)(10)(A)(ii)(XXI)(ii)(2)end deletebegin insert 1396a(a)(10)(A)(ii)(XXI)end insert of Title
1242 of the United States Code, which was added to Section 1396a
13of Title 42 of the United States Code by Section 2303(a)(2) of the
14federal Patient Protection and Affordable Care Act (PPACA)
15(Public Law 111-148), for a program to provide comprehensive
16clinical family planning services as described in paragraph (8).
17Under the waiver, the program shall be operated only in accordance
18with the waiver and the statutes and regulations in paragraph (4)
19and subject to the terms, conditions, and duration of the waiver.
20Under the state plan amendment, which shall replace the waiver
21and shall be known as the Family PACT successor state plan
22amendment, the program shall be operated only in accordance with
23this subdivision and the statutes and regulations in paragraph (4).
24The state shall use the standards and processes imposed by the
25state on January 1, 2007, including the application of an eligibility
26discount factor to the extent required by the federal Centers for
27Medicare and Medicaid Services, for purposes of determining
28eligibility as permitted under Sectionbegin delete 1396a(a)(10)(A)(ii)(XXI)(ii)(2)end deletebegin insert 1396a(a)(10)(A)(ii)(XXI)end insert of Title 42 of the United States Code. To the extent that federal financial participation is available, the program shall continue to conduct education, outreach, enrollment, service delivery, and evaluation services as specified under the waiver. The services shall be provided under the program only if the waiver and, when applicable, the successor state plan amendment are approved by the federal Centers for Medicare and Medicaid Services and only to the extent that federal financial participation is available for the services. Nothing in this section shall prohibit the department from seeking the Family PACT successor state plan amendment during the operation of the waiver.

P82   1(3) Solely for the purposes of the waiver or Family PACT
2successor state plan amendment and notwithstanding any other
3provision of law, the collection and use of an individual’s social
4security number shall be necessary only to the extent required by
5federal law.

6(4) Sections 14105.3 to 14105.39, inclusive, 14107.11, 24005,
7and 24013, and any regulations adopted under these statutes shall
8apply to the program provided for under this subdivision. No other
9provision of law under the Medi-Cal program or the State-Only
10Family Planning Program shall apply to the program provided for
11under this subdivision.

12(5) Notwithstanding Chapter 3.5 (commencing with Section
1311340) of Part 1 of Division 3 of Title 2 of the Government Code,
14the department may implement, without taking regulatory action,
15the provisions of the waiver after its approval by the federal Health
16Care Financing Administration and the provisions of this section
17by means of an all-county letter or similar instruction to providers.
18Thereafter, the department shall adopt regulations to implement
19this section and the approved waiver in accordance with the
20requirements of Chapter 3.5 (commencing with Section 11340) of
21Part 1 of Division 3 of Title 2 of the Government Code. Beginning
22six months after the effective date of the act adding this
23subdivision, the department shall provide a status report to the
24Legislature on a semiannual basis until regulations have been
25adopted.

26(6) In the event that the Department of Finance determines that
27the program operated under the authority of the waiver described
28in paragraph (2) or the Family PACT successor state plan
29amendment is no longer cost effective, this subdivision shall
30become inoperative on the first day of the first month following
31the issuance of a 30-day notification of that determination in
32writing by the Department of Finance to the chairperson in each
33house that considers appropriations, the chairpersons of the
34committees, and the appropriate subcommittees in each house that
35considers the State Budget, and the Chairperson of the Joint
36Legislative Budget Committee.

37(7) If this subdivision ceases to be operative, all persons who
38have received or are eligible to receive comprehensive clinical
39family planning services pursuant to the waiver described in
40paragraph (2) shall receive family planning services under the
P83   1Medi-Cal program pursuant to subdivision (n) if they are otherwise
2eligible for Medi-Cal with no share of cost, or shall receive
3comprehensive clinical family planning services under the program
4established in Division 24 (commencing with Section 24000) either
5if they are eligible for Medi-Cal with a share of cost or if they are
6otherwise eligible under Section 24003.

7(8) For purposes of this subdivision, “comprehensive clinical
8family planning services” means the process of establishing
9objectives for the number and spacing of children, and selecting
10the means by which those objectives may be achieved. These
11means include a broad range of acceptable and effective methods
12and services to limit or enhance fertility, including contraceptive
13methods, federal Food and Drug Administration approved
14contraceptive drugs, devices, and supplies, natural family planning,
15abstinence methods, and basic, limited fertility management.
16Comprehensive clinical family planning services include, but are
17not limited to, preconception counseling, maternal and fetal health
18counseling, general reproductive health care, including diagnosis
19and treatment of infections and conditions, including cancer, that
20threaten reproductive capability, medical family planning treatment
21and procedures, including supplies and followup, and
22informational, counseling, and educational services.
23Comprehensive clinical family planning services shall not include
24abortion, pregnancy testing solely for the purposes of referral for
25abortion or services ancillary to abortions, or pregnancy care that
26is not incident to the diagnosis of pregnancy. Comprehensive
27clinical family planning services shall be subject to utilization
28control and include all of the following:

29(A) Family planning related services and male and female
30sterilization. Family planning services for men and women shall
31include emergency services and services for complications directly
32related to the contraceptive method, federal Food and Drug
33Administration approved contraceptive drugs, devices, and
34supplies, and followup, consultation, and referral services, as
35indicated, which may require treatment authorization requests.

36(B) All United States Department of Agriculture, federal Food
37and Drug Administration approved contraceptive drugs, devices,
38and supplies that are in keeping with current standards of practice
39and from which the individual may choose.

P84   1(C) Culturally and linguistically appropriate health education
2and counseling services, including informed consent, that include
3all of the following:

4(i) Psychosocial and medical aspects of contraception.

5(ii) Sexuality.

6(iii) Fertility.

7(iv) Pregnancy.

8(v) Parenthood.

9(vi) Infertility.

10(vii) Reproductive health care.

11(viii) Preconception and nutrition counseling.

12(ix) Prevention and treatment of sexually transmitted infection.

13(x) Use of contraceptive methods, federal Food and Drug
14Administration approved contraceptive drugs, devices, and
15supplies.

16(xi) Possible contraceptive consequences and followup.

17(xii) Interpersonal communication and negotiation of
18relationships to assist individuals and couples in effective
19contraceptive method use and planning families.

20(D) A comprehensive health history, updated at the next periodic
21visit (between 11 and 24 months after initial examination) that
22includes a complete obstetrical history, gynecological history,
23contraceptive history, personal medical history, health risk factors,
24and family health history, including genetic or hereditary
25conditions.

26(E) A complete physical examination on initial and subsequent
27periodic visits.

28(F) Services, drugs, devices, and supplies deemed by the federal
29Centers for Medicare and Medicaid Services to be appropriate for
30inclusion in the program.

31(9) In order to maximize the availability of federal financial
32participation under this subdivision, the director shall have the
33discretion to implement the Family PACT successor state plan
34amendment retroactively to July 1, 2010.

35(ab) (1) Purchase of prescribed enteral nutrition products is
36covered, subject to the Medi-Cal list of enteral nutrition products
37and utilization controls.

38(2) Purchase of enteral nutrition products is limited to those
39products to be administered through a feeding tube, including, but
40not limited to, a gastric, nasogastric, or jejunostomy tube.
P85   1Beneficiaries under the Early and Periodic Screening, Diagnosis,
2and Treatment Program shall be exempt from this paragraph.

3(3) Notwithstanding paragraph (2), the department may deem
4an enteral nutrition product, not administered through a feeding
5tube, including, but not limited to, a gastric, nasogastric, or
6jejunostomy tube, a benefit for patients with diagnoses, including,
7but not limited to, malabsorption and inborn errors of metabolism,
8if the product has been shown to be neither investigational nor
9experimental when used as part of a therapeutic regimen to prevent
10serious disability or death.

11(4) Notwithstanding Chapter 3.5 (commencing with Section
1211340) of Part 1 of Division 3 of Title 2 of the Government Code,
13the department may implement the amendments to this subdivision
14made by the act that added this paragraph by means of all-county
15letters, provider bulletins, or similar instructions, without taking
16regulatory action.

17(5) The amendments made to this subdivision by the act that
18added this paragraph shall be implemented June 1, 2011, or on the
19first day of the first calendar month following 60 days after the
20date the department secures all necessary federal approvals to
21implement this section, whichever is later.

22(ac) Diabetic testing supplies are covered when provided by a
23pharmacy, subject to utilization controls.



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