Amended in Assembly June 2, 2014

Senate Bill No. 1466

Introduced by Committee on Business, Professions and Economic Development (Senators Lieu (Chair), Berryhill, Block, Corbett, Galgiani, Hernandez, Hill, Padilla, begin delete Wyland, and Yee) end delete begin insert and Wyland) end insert

March 25, 2014

An act to amend Sections 27, begin insert 655.2, 2023.5, end insert 2089.5, 2240, 2530.5, 2532.2, 2532.7, begin insert 2936, end insert 4021.5, 4053, 4980, 4980.36, 4980.37, 4980.399, 4980.41, 4980.43, 4980.55, 4980.72, 4980.78, 4987.5, begin insert 4989.16, 4989.22, end insert 4992.09, begin insert 4996.17, end insert 4996.23, 4998, 4999.55, 4999.58, 4999.59, 4999.60, and 4999.123 of, begin delete and end delete to amend the heading of Chapter 13 (commencing with Section 4980) of Division 2 of, begin insert to add Section 2023 to, and to repeal Sections 2930.5 and 2987.3 of, end insert the Business and Professions Code, and to amend Section 14132.55 of the Welfare and Institutions Code, relating to health care professionals.

LEGISLATIVE COUNSEL’S DIGEST

SB 1466, as amended, Committee on Business, Professions and Economic Development. Health care professionals.

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(1) Existing law prohibits a physician and surgeon, licensed medical corporation, or any audiologist who is not a licensed hearing aid dispenser from employing a licensed hearing aid dispenser for the purpose of fitting or selling hearing aids.

end insert begin insert

This bill would prohibit a licensed hearing aid dispenser from employing a physician and surgeon or any audiologist who is not a licensed dispensing audiologist or hearing aid dispenser, or contracting with a licensed medical corporation, for the purpose of fitting or selling hearing aids.

end insert begin insert

(2) Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. Existing law requires the Medical Board of California to review issues and problems surrounding the use of laser or intense light pulse devices for elective cosmetic procedures, in conjunction with the Board of Registered Nursing and in consultation with other specified groups. Existing law requires the board and the Board of Registered Nursing to adopt regulations, by January 1, 2009, with regard to the use of laser or intense pulse light devices for elective cosmetic procedures, as specified. Existing law requires the board to adopt regulations, by January 1, 2013, regarding the appropriate level of physician availability needed within clinics or other settings using laser or intense pulse light devices for elective cosmetic procedures.

end insert begin insert

This bill would delete the provisions that require the board to adopt regulations by January 1, 2009, and January 1, 2013. The bill would instead require the board to adopt regulations, by January 1, 2016, regarding the appropriate level of physician availability needed within all clinics or other settings.

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(1)

end delete

begin insert (3) end insert  Existing law requires a physician and surgeon who performs a scheduled medical procedure outside of a general acute care hospital that results in the death of any patient on whom that medical treatment was performed by the physician and surgeon, or by a person acting under the physician and surgeon’s orders or supervision, to report, in writing on a form prescribed by the board, that occurrence to the board within 15 days after the occurrence. A person who violates this requirement is guilty of a misdemeanor.

This bill would make that provision applicable without regard to whether the procedure was scheduled. By expanding the scope of a crime, the bill would impose a state-mandated local program.

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(2)

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begin insert (4) end insert  Existing law provides for the licensing and regulation of persons who are engaged in the practice of speech-language pathology or audiology, as specified, and vests the enforcement of these provisions in the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. Among other requirements, an applicant for licensure as a speech-language pathologist or audiologist is required to submit transcripts from an educational institution approved by the board evidencing completion of specified coursework, and submit evidence of the satisfactory completion of supervised clinical practice with individuals representative of a wide spectrum of ages and communication disorders. Existing law requires the board to establish by regulation the required number of clock hours, not to exceed 300 clock hours, of supervised clinical practice necessary for the applicant.

This bill would delete the requirement that the applicant submit transcripts from an educational institution approved by the board evidencing completion of specified coursework and would increase the maximum number of clock hours that the board may establish by regulation to 375.

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(5) Existing law, the Psychology Licensing Law, provides for the licensure and regulation of psychologists by the Board of Psychology. Under certain circumstances, existing law authorizes the board to issue a fictitious-name permit to a psychologist, as specified.

end insert begin insert

This bill would repeal the provision that authorizes the issuance of a fictitious-name permit, and would make conforming changes with regard to that repeal. The bill would make other changes to update a provision related to consumer notices, as specified.

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(3)

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begin insert (6) end insert  Existing law, the Pharmacy Law, governs the regulation of the practice of pharmacy and establishes the California State Board of Pharmacy to administer and enforce these provisions. The law authorizes the board to issue a license to an individual to serve as a designated representative to provide sufficient and qualified supervision in a wholesaler or veterinary food-animal drug retailer, as specified, and requires the licensee to protect the public health and safety in the handling, storage, and shipment of dangerous drugs and dangerous devices in the wholesaler or veterinary food-animal drug retailer. The law also defines a correctional pharmacy to mean a pharmacy, licensed by the board, located within a state correctional facility, as specified.

This bill would require an individual who applies for begin insert a end insert designated representative license to be at least 18 years of age. The bill would also revise the definition of a correctional pharmacy to mean a pharmacy, licensed by the board, located within a correctional facility, without regard to whether the facility is a state or local correctional facility.

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(7) Existing law, the Licensed Marriage and Family Therapist Act, provides for the licensure and regulation of marriage and family therapists by the Board of Behavioral Sciences. Existing law sets forth the educational and training requirements for licensure as a marriage and family therapist. Existing law, among other requirements, requires an applicant for licensure to complete 75 hours of client centered advocacy or face-to-face counseling, as specified.

end insert begin insert

This bill would authorize an applicant for licensure to meet this requirement by completing 75 hours of client centered advocacy or face-to-face counseling, or any combination thereof.

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(8) Existing law, the Educational Psychologist Practice Act, provides for the licensure and regulation of educational psychologists by the Board of Behavioral Sciences. Existing law authorizes an applicant for examination who has passed the standard written examination to take a clinical vignette written examination for licensure if that applicant is the subject of a complaint or under investigation by the board, as specified.

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This bill would eliminate the clinical vignette written examination for those purposes, and would make conforming changes to other provisions.

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(4)

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begin insert (9) end insert  Existing law requires an applicant for a license as begin insert a end insert marriage and family therapist, begin insert clinical end insert social worker, or professional clinical counselor, to participate in and obtain a passing score on a board-administered California law and ethics examination in order to qualify for a license or renewal of a license.

This bill would permit an applicant who holds a registration eligible for renewal, begin insert with an expiration date no later than June 30, 2016, end insert and who applies for renewal of that registration between January 1, 2016, and June 30, 2016, if eligible, to renew the registration without first participating in the California law and ethics examination. The bill would require the applicant to pass that examination prior to begin delete lincensure end delete begin insert licensure end insert or issuance of a subsequent registration number. The bill would also permit an applicant who holds or has held a registration, begin insert with an expiration date no later than January 1, 2017, end insert and who applies for a subsequent registration number between January 1, 2016, and January 1, 2017, if eligible, to obtain the subsequent registration number without first passing the California law and ethics examination, if he or she passes the law and ethics examination begin delete at end delete begin insert during end insert the next renewal period or prior to licensure, whichever occurs first.

This bill would make other changes relating to begin delete licensed end delete begin insert licensure as a end insert marriage and family begin delete therapists and licensed end delete begin insert therapist, clinical social worker, or a end insert professional clinical begin delete counselors end delete begin insert counselor end insert .

The bill would also make other technical, conforming, and clarifying changes.

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(5)

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begin insert (10) end insert  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

SECTION 1.  

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

27.  

(a) Each entity specified in subdivisions (c), (d), and (e)
shall provide on the Internet information regarding the status of
every license issued by that entity in accordance with the California
Public Records Act (Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code) and the
Information Practices Act of 1977 (Chapter 1 (commencing with
Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).
The public information to be provided on the Internet shall include
information on suspensions and revocations of licenses issued by
the entity and other related enforcement action, including
accusations filed pursuant to the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code) taken by the entity
relative to persons, businesses, or facilities subject to licensure or
regulation by the entity. The information may not include personal
information, including home telephone number, date of birth, or
social security number. Each entity shall disclose a licensee’s
address of record. However, each entity shall allow a licensee to
provide a post office box number or other alternate address, instead
of his or her home address, as the address of record. This section
shall not preclude an entity from also requiring a licensee, who
has provided a post office box number or other alternative mailing
address as his or her address of record, to provide a physical
business address or residence address only for the entity’s internal
administrative use and not for disclosure as the licensee’s address
of record or disclosure on the Internet.

(b) In providing information on the Internet, each entity specified
in subdivisions (c) and (d) shall comply with the Department of
Consumer Affairs’ guidelines for access to public records.

(c) Each of the following entities within the Department of
Consumer Affairs shall comply with the requirements of this
section:

(1) The Board for Professional Engineers, Land Surveyors, and
Geologists shall disclose information on its registrants and
licensees.

(2) The Bureau of Automotive Repair shall disclose information
on its licensees, including auto repair dealers, smog stations, lamp
and brake stations, smog check technicians, and smog inspection
certification stations.

(3) The Bureau of Electronic and Appliance Repair, Home
Furnishings, and Thermal Insulation shall disclose information on
its licensees and registrants, including major appliance repair
dealers, combination dealers (electronic and appliance), electronic
repair dealers, service contract sellers, and service contract
administrators.

(4) The Cemetery and Funeral Bureau shall disclose information
on its licensees, including cemetery brokers, cemetery salespersons,
cemetery managers, crematory managers, cemetery authorities,
crematories, cremated remains disposers, embalmers, funeral
establishments, and funeral directors.

(5) The Professional Fiduciaries Bureau shall disclose
information on its licensees.

(6) The Contractors’ State License Board shall disclose
information on its licensees and registrants in accordance with
Chapter 9 (commencing with Section 7000) of Division 3. In
addition to information related to licenses as specified in
subdivision (a), the board shall also disclose information provided
to the board by the Labor Commissioner pursuant to Section 98.9
of the Labor Code.

(7) The Bureau for Private Postsecondary Education shall
disclose information on private postsecondary institutions under
its jurisdiction, including disclosure of notices to comply issued
pursuant to Section 94935 of the Education Code.

(8) The California Board of Accountancy shall disclose
information on its licensees and registrants.

(9) The California Architects Board shall disclose information
on its licensees, including architects and landscape architects.

(10) The State Athletic Commission shall disclose information
on its licensees and registrants.

(11) The State Board of Barbering and Cosmetology shall
disclose information on its licensees.

(12) The State Board of Guide Dogs for the Blind shall disclose
information on its licensees and registrants.

(13) The Acupuncture Board shall disclose information on its
licensees.

(14) The Board of Behavioral Sciences shall disclose
information on its licensees, including licensed marriage and family
therapists, licensed clinical social workers, licensed educational
psychologists, and licensed professional clinical counselors.

(15) The Dental Board of California shall disclose information
on its licensees.

(16) The State Board of Optometry shall disclose information
regarding certificates of registration to practice optometry,
statements of licensure, optometric corporation registrations, branch
office licenses, and fictitious name permits of its licensees.

(17) The Board of Psychology shall disclose information on its
licensees, including psychologists, psychological assistants, and
registered psychologists.

(d) The State Board of Chiropractic Examiners shall disclose
information on its licensees.

(e) The Structural Pest Control Board shall disclose information
on its licensees, including applicators, field representatives, and
operators in the areas of fumigation, general pest and wood
destroying pests and organisms, and wood roof cleaning and
treatment.

(f) “Internet” for the purposes of this section has the meaning
set forth in paragraph (6) of subdivision (f) of Section 17538.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 655.2 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

655.2.  

begin insert (a) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert No physician and surgeon or medical
corporation licensed under Chapter 5 (commencing with Section
2000), nor any audiologist who is not a licensed begin insert dispensing
audiologist or end insert hearing aid dispenser shall employ any individual
licensed pursuant to begin delete Chapter 7.5 (commencing with Section 3300) end delete
begin insert Article 8 (commencing with Section 2538.10) of Chapter 5.3 end insert for
the purpose of fitting or selling hearing aids.

begin insert

(2) No individual licensed pursuant to Article 8 (commencing
with Section 2538.10) of Chapter 5.3 shall employ any physician
and surgeon or any audiologist who is not a licensed dispensing
audiologist or hearing aid dispenser, or contract with a medical
corporation licensed under Chapter 5 (commencing with Section
2000), for the purpose of fitting or selling hearing aids.

end insert begin delete

This

end delete

begin insert (b) end insert begin insert   end insert begin insert This end insert section shall not apply to any physician and surgeon
or medical corporation begin delete which end delete begin insert that end insert contracts with or is affiliated
with a comprehensive group practice health care service plan
licensed pursuant to the Knox-Keene Health Care Service Plan
Act, begin insert as set forth in end insert Chapter 2.2 (commencing with Section 1340)
of Division 2 of the Health and Safety Code.

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begin insert SEC. 3. end insert   

end insert

begin insert Section 2023 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 2023. end insert   

On or before January 1, 2016, the board shall adopt
regulations regarding the appropriate level of physician
availability needed within clinics or other settings.

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begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 2023.5 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2023.5.  

(a) The board, in conjunction with the Board of
Registered Nursing, and in consultation with the Physician
Assistant Committee and professionals in the field, shall review
issues and problems surrounding the use of laser or intense light
pulse devices for elective cosmetic procedures by physicians and
surgeons, nurses, and physician assistants. The review shall include,
but need not be limited to, all of the following:

(1) The appropriate level of physician supervision needed.

(2) The appropriate level of training to ensure competency.

(3) Guidelines for standardized procedures and protocols that
address, at a minimum, all of the following:

(A) Patient selection.

(B) Patient education, instruction, and informed consent.

(C) Use of topical agents.

(D) Procedures to be followed in the event of complications or
side effects from the treatment.

(E) Procedures governing emergency and urgent care situations.

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(b) On or before January 1, 2009, the board and the Board of
Registered Nursing shall promulgate regulations to implement
changes determined to be necessary with regard to the use of laser
or intense pulse light devices for elective cosmetic procedures by
physicians and surgeons, nurses, and physician assistants.

(c) On or before January 1, 2013, the board shall adopt
regulations regarding the appropriate level of physician availability
needed within clinics or other settings using laser or intense pulse
light devices for elective cosmetic procedures. However, these
regulations shall not apply to laser or intense pulse light devices
approved by the federal Food and Drug Administration for
over-the-counter use by a health care practitioner or by an
unlicensed person on himself or herself.

(d)

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begin insert (b) end insert  Nothing in this section shall be construed to modify the
prohibition against the unlicensed practice of medicine.

begin delete SEC. 2. end delete
begin insert SEC. 5. end insert   

Section 2089.5 of the Business and Professions Code
is amended to read:

2089.5.  

(a) Clinical instruction in the subjects listed in
subdivision (b) of Section 2089 shall meet the requirements of this
section and shall be considered adequate if the requirements of
subdivision (a) of Section 2089 and the requirements of this section
are satisfied.

(b) Instruction in the clinical courses shall total a minimum of
72 weeks in length.

(c) Instruction in the core clinical courses of surgery, medicine,
family medicine, pediatrics, obstetrics and gynecology, and
psychiatry shall total a minimum of 40 weeks in length with a
minimum of eight weeks instruction in surgery, eight weeks in
medicine, six weeks in pediatrics, six weeks in obstetrics and
gynecology, a minimum of four weeks in family medicine, and
four weeks in psychiatry.

(d) Of the instruction required by subdivision (b), including all
of the instruction required by subdivision (c), 54 weeks shall be
performed in a hospital that sponsors the instruction and shall meet
one of the following:

(1) Is a formal part of the medical school or school of
osteopathic medicine.

(2) Has a residency program, approved by the Accreditation
Council for Graduate Medical Education (ACGME) or the Royal
College of Physicians and Surgeons of Canada (RCPSC), in family
practice or in the clinical area of the instruction for which credit
is being sought.

(3) Is formally affiliated with an approved medical school or
school of osteopathic medicine located in the United States or
Canada. If the affiliation is limited in nature, credit shall be given
only in the subject areas covered by the affiliation agreement.

(4) Is formally affiliated with a medical school or a school of
osteopathic medicine located outside the United States or Canada.

(e) If the institution, specified in subdivision (d), is formally
affiliated with a medical school or a school of osteopathic medicine
located outside the United States or Canada, it shall meet the
following:

(1) The formal affiliation shall be documented by a written
contract detailing the relationship between the medical school, or
a school of osteopathic medicine, and hospital and the
responsibilities of each.

(2) The school and hospital shall provide to the board a
description of the clinical program. The description shall be in
sufficient detail to enable the board to determine whether or not
the program provides students an adequate medical education. The
board shall approve the program if it determines that the program
provides an adequate medical education. If the board does not
approve the program, it shall provide its reasons for disapproval
to the school and hospital in writing specifying its findings about
each aspect of the program that it considers to be deficient and the
changes required to obtain approval.

(3) The hospital, if located in the United States, shall be
accredited by the Joint Commission on Accreditation of Hospitals,
or the American Osteopathic Association’s Healthcare Facilities
Accreditation Program, and if located in another country, shall be
accredited in accordance with the law of that country.

(4) The clinical instruction shall be supervised by a full-time
director of medical education, and the head of the department for
each core clinical course shall hold a full-time faculty appointment
of the medical school or school of osteopathic medicine and shall
be board certified or eligible, or have an equivalent credential in
that specialty area appropriate to the country in which the hospital
is located.

(5) The clinical instruction shall be conducted pursuant to a
written program of instruction provided by the school.

(6) The school shall supervise the implementation of the
program on a regular basis, documenting the level and extent of
its supervision.

(7) The hospital-based faculty shall evaluate each student on a
regular basis and shall document the completion of each aspect of
the program for each student.

(8) The hospital shall ensure a minimum daily census adequate
to meet the instructional needs of the number of students enrolled
in each course area of clinical instruction, but not less than 15
patients in each course area of clinical instruction.

(9) The board, in reviewing the application of a foreign medical
graduate, may require the applicant to submit a description of the
clinical program, if the board has not previously approved the
program, and may require the applicant to submit documentation
to demonstrate that the applicant’s clinical training met the
requirements of this subdivision.

(10) The medical school or school of osteopathic medicine shall
bear the reasonable cost of any site inspection by the board or its
agents necessary to determine whether the clinical program offered
is in compliance with this subdivision.

begin delete SEC. 3. end delete
begin insert SEC. 6. end insert   

Section 2240 of the Business and Professions Code is
amended to read:

2240.  

(a) A physician and surgeon who performs a medical
procedure outside of a general acute care hospital, as defined in
subdivision (a) of Section 1250 of the Health and Safety Code,
that results in the death of any patient on whom that medical
treatment was performed by the physician and surgeon, or by a
person acting under the physician and surgeon’s orders or
supervision, shall report, in writing on a form prescribed by the
board, that occurrence to the board within 15 days after the
occurrence.

(b) A physician and surgeon who performs a scheduled medical
procedure outside of a general acute care hospital, as defined in
subdivision (a) of Section 1250 of the Health and Safety Code,
that results in the transfer to a hospital or emergency center for
medical treatment for a period exceeding 24 hours, of any patient
on whom that medical treatment was performed by the physician
and surgeon, or by a person acting under the physician and
surgeon’s orders or supervision, shall report, in writing, on a form
prescribed by the board that occurrence, within 15 days after the
occurrence. The form shall contain all of the following information:

(1) Name of the patient’s physician in the outpatient setting.

(2) Name of the physician with hospital privileges.

(3) Name of the patient and patient identifying information.

(4) Name of the hospital or emergency center where the patient
was transferred.

(5) Type of outpatient procedures being performed.

(6) Events triggering the transfer.

(7) Duration of the hospital stay.

(8) Final disposition or status, if not released from the hospital,
of the patient.

(9) Physician’s practice specialty and ABMS certification, if
applicable.

(c) The form described in subdivision (b) shall be constructed
in a format to enable the physician and surgeon to transmit the
information in paragraphs (5) to (9), inclusive, to the board in a
manner that the physician and surgeon and the patient are
anonymous and their identifying information is not transmitted to
the board. The entire form containing information described in
paragraphs (1) to (9), inclusive, shall be placed in the patient’s
medical record.

(d) The board shall aggregate the data and publish an annual
report on the information collected pursuant to subdivisions (a)
and (b).

(e) On and after January 1, 2002, the data required in subdivision
(b) shall be sent to the Office of Statewide Health Planning and
Development (OSHPD) instead of the board. OSHPD may revise
the reporting requirements to fit state and national standards, as
applicable. The board shall work with OSHPD in developing the
reporting mechanism to satisfy the data collection requirements
of this section.

(f) The failure to comply with this section constitutes
unprofessional conduct.

begin delete SEC. 4. end delete
begin insert SEC. 7. end insert   

Section 2530.5 of the Business and Professions Code
is amended to read:

2530.5.  

(a) Nothing in this chapter shall be construed as
restricting hearing testing conducted by licensed physicians and
surgeons or by persons conducting hearing tests under the direct
supervision of a physician and surgeon.

(b) Nothing in this chapter shall be construed to prevent a
licensed hearing aid dispenser from engaging in testing of hearing
and other practices and procedures used solely for the fitting and
selling of hearing aids nor does this chapter restrict persons
practicing their licensed profession and operating within the scope
of their licensed profession or employed by someone operating
within the scope of their licensed professions, including persons
fitting and selling hearing aids who are properly licensed or
registered under the laws of the State of California.

(c) Nothing in this chapter shall be construed as restricting or
preventing the practice of speech-language pathology or audiology
by personnel holding the appropriate credential from the
Commission on Teacher Credentialing as long as the practice is
conducted within the confines of or under the jurisdiction of a
public preschool, elementary begin insert , end insert or secondary school by which they
are employed and those persons do not either offer to render or
render speech-language pathology or audiology services to the
public for compensation over and above the salary they receive
from the public begin delete preschool elementary end delete begin insert preschool, elementary, end insert or
secondary school by which they are employed for the performance
of their official duties.

(d) Nothing in this chapter shall be construed as restricting the
activities and services of a student or speech-language pathology
intern in speech-language pathology pursuing a course of study
leading to a degree in speech-language pathology at an accredited
or approved college or university or an approved clinical training
facility, provided that these activities and services constitute a part
of his or her supervised course of study and that those persons are
designated by the title as “speech-language pathology intern,”
“speech-language pathology trainee,” or other title clearly
indicating the training status appropriate to his or her level of
training.

(e) Nothing in this chapter shall be construed as restricting the
activities and services of a student or audiology intern in audiology
pursuing a course of study leading to a degree in audiology at an
accredited or approved college or university or an approved clinical
training facility, provided that these activities and services
constitute a part of his or her supervised course of study and that
those persons are designated by the title as “audiology intern,”
“audiology trainee,” or other title clearly indicating the training
status appropriate to his or her level of training.

(f) Nothing in this chapter shall be construed as restricting the
practice of an applicant who is obtaining the required professional
experience specified in subdivision (c) of Section 2532.2 and who
has been issued a temporary license pursuant to Section 2532.7.
The number of applicants who may be supervised by a licensed
speech-language pathologist or a speech-language pathologist
having qualifications deemed equivalent by the board shall be
determined by the board. The supervising speech-language
pathologist shall register with the board the name of each applicant
working under his or her supervision, and shall submit to the board
a description of the proposed professional responsibilities of the
applicant working under his or her supervision. The number of
applicants who may be supervised by a licensed audiologist or an
audiologist having qualifications deemed equivalent by the board
shall be determined by the board. The supervising audiologist shall
register with the board the name of each applicant working under
his or her supervision, and shall submit to the board a description
of the proposed professional responsibilities of the applicant
working under his or her supervision.

(g) Nothing in this chapter shall be construed as restricting
hearing screening services in public or private elementary or
secondary schools so long as these screening services are provided
by persons registered as qualified school audiometrists pursuant
to Sections 1685 and 1686 of the Health and Safety Code or hearing
screening services supported by the State Department of Health
begin insert Care end insert Services so long as these screening services are provided by
appropriately trained or qualified personnel.

(h) Persons employed as speech-language pathologists or
audiologists by a federal agency shall be exempt from this chapter.

(i) Nothing in this chapter shall be construed as restricting
consultation or the instructional or supervisory activities of a
faculty member of an approved or accredited college or university
for the first 60 days following appointment after the effective date
of this subdivision.

begin delete SEC. 5. end delete
begin insert SEC. 8. end insert   

Section 2532.2 of the Business and Professions Code
is amended to read:

2532.2.  

Except as required by Section 2532.25, to be eligible
for licensure by the board as a speech-language pathologist or
audiologist, the applicant shall possess all of the following
qualifications:

(a) Possess at least a master’s degree in speech-language
pathology or audiology from an educational institution approved
by the board or qualifications deemed equivalent by the board.

(b) (1) Submit evidence of the satisfactory completion of
supervised clinical practice with individuals representative of a
wide spectrum of ages and communication disorders. The board
shall establish by regulation the required number of clock hours,
not to exceed 375 clock hours, of supervised clinical practice
necessary for the applicant.

(2) The clinical practice shall be under the direction of an
educational institution approved by the board.

(c) Submit evidence of no less than 36 weeks of satisfactorily
completed supervised professional full-time experience or 72 weeks
of professional part-time experience obtained under the supervision
of a licensed speech-language pathologist or audiologist or a
speech-language pathologist or audiologist having qualifications
deemed equivalent by the board. This experience shall be evaluated
and approved by the board. The required professional experience
shall follow completion of the requirements listed in subdivisions
(a) and (b). Full time is defined as at least 36 weeks in a calendar
year and a minimum of 30 hours per week. Part time is defined as
a minimum of 72 weeks and a minimum of 15 hours per week.

(d) (1) Pass an examination or examinations approved by the
board. The board shall determine the subject matter and scope of
the examinations and may waive the examination upon evidence
that the applicant has successfully completed an examination
approved by the board. Written examinations may be supplemented
by oral examinations as the board shall determine. An applicant
who fails his or her examination may be reexamined at a
subsequent examination upon payment of the reexamination fee
required by this chapter.

(2) A speech-language pathologist or audiologist who holds a
license from another state or territory of the United States or who
holds equivalent qualifications as determined by the board and
who has completed no less than one year of full-time continuous
employment as a speech-language pathologist or audiologist within
the past three years is exempt from the supervised professional
experience in subdivision (c).

(e) As applied to licensure as an audiologist, this section shall
apply to applicants who graduated from an approved educational
institution on or before December 31, 2007.

begin delete SEC. 6. end delete
begin insert SEC. 9. end insert   

Section 2532.7 of the Business and Professions Code
is amended to read:

2532.7.  

(a) Upon approval of an application filed pursuant to
Section 2532.1, and upon payment of the fee prescribed by Section
2534.2, the board may issue a required professional experience
(RPE) temporary license for a period to be determined by the board
to an applicant who is obtaining the required professional
experience specified in subdivision (c) of Section 2532.2 or
paragraph (2) of subdivision (b) of Section 2532.25.

(b) Effective July 1, 2003, no person shall obtain the required
professional experience for licensure in either an exempt or
nonexempt setting, as defined in Section 2530.5, unless he or she
is licensed in accordance with this section or is completing the
final clinical externship of a board-approved audiology doctoral
training program in accordance with paragraph (2) of subdivision
(b) of Section 2532.25 in another state.

(c) A person who obtains an RPE temporary license outside the
State of California shall not be required to hold a temporary license
issued pursuant to subdivision (a) if the person is completing the
final clinical externship of an audiology doctoral training program
in accordance with paragraph (2) of subdivision (b) of Section
2532.25.

(d) Any experience obtained in violation of this act shall not be
approved by the board.

(e) An RPE temporary license shall terminate upon notice
thereof by certified mail, return receipt requested, if it is issued by
mistake or if the application for permanent licensure is denied.

(f) Upon written application, the board may reissue an RPE
temporary license for a period to be determined by the board to
an applicant who is obtaining the required professional experience
specified in subdivision (c) of Section 2532.2 or paragraph (2) of
subdivision (b) of Section 2532.25.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 2930.5 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

2930.5.  

(a) Any psychologist, who as a sole proprietor, or in
a partnership, group, or professional corporation, desires to practice
under any name that would otherwise be a violation of subdivision
(r) of Section 2960 may practice under that name if the proprietor,
partnership, group, or corporation obtains and maintains in current
status a fictitious-name permit issued by the committee under this
section.

(b) The committee shall issue a fictitious-name permit
authorizing the holder thereof to use the name specified in the
permit in connection with his, her, or its practice if the committee
finds to its satisfaction that:

(1) The applicant or applicants or shareholders of the
professional corporation hold valid and current licenses and no
charges of unprofessional conduct are pending against any such
licensed person.

(2) The place, or portion thereof, in which the applicant’s or
applicants’ practice, is owned or leased by the applicant or
applicants.

(3) The professional practice of the applicant or applicants is
wholly owned and entirely controlled by the applicant or applicants.

(4) The name under which the applicant or applicants propose
to practice contains one of the following designations: “psychology
group” or “psychology clinic.”

(c) Fictitious-name permits issued by the committee shall be
subject to Article 7 (commencing with Section 2980) pertaining
to renewal of licenses.

(d) The committee may revoke or suspend any permit issued if
it finds that the holder or holders of the permit are not in
compliance with this section or any regulations adopted pursuant
to this section. A proceeding to revoke or suspend a fictitious-name
permit shall be conducted in accordance with Section 2965.

(e) The committee may also proceed to revoke the
fictitious-name permit of a licensee whose license has been
revoked, but no proceeding may be commenced unless and until
the charges of unprofessional conduct against the licensee have
resulted in revocation of the license.

(f) The committee may delegate to the executive director, or to
another official of the board, its authority to review and approve
applications for fictitious-name permits and to issue those permits.

end delete

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 2936 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2936.  

The board shall adopt a program of consumer and
professional education in matters relevant to the ethical practice
of psychology. The board shall establish as its standards of ethical
conduct relating to the practice of psychology, the “Ethical
Principles and Code of Conduct” published by the American
Psychological Association (APA). Those standards shall be applied
by the board as the accepted standard of care in all licensing
examination development and in all board enforcement policies
and disciplinary case evaluations.

To facilitate consumers in receiving appropriate psychological
services, all licensees and registrants shall be required to post, in
a conspicuous location in their principal psychological business
office, a notice which reads as follows:

“NOTICE TO CONSUMERS: The Department of Consumer
Affair’s Board of Psychology receives and responds to questions
and complaints regarding the practice of psychology. If you have
questions or complaints, you may contact the board begin insert by email at
[e-mail], end insert on the Internet at begin delete www.psychboard.ca.gov end delete
begin insert www.psychology.ca.gov end insert , by calling 1-866-503-3221, or by
writing to the following address:

 
Board of Psychology
 
begin delete 2005 Evergreen Street, Suite 1400 end delete begin insert 1625 North Market
Boulevard, Suite - end insert begin insert 215 end insert
 
Sacramento, California begin delete 95815-3894” end delete begin insert 95834 end insert begin insert ” end insert

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 2987.3 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

2987.3.  

The following fees apply to fictitious-name permits
issued under Section 2930.5.

(a) The initial permit fee is an amount equal to the renewal fee
in effect at the beginning of the current renewal cycle. If the permit
will expire less than one year after its issuance, then the initial
permit fee is an amount equal to 50 percent of the fee in effect at
the beginning of the current renewal cycle.

(b) The biennial renewal fee shall be fixed by the committee at
an amount not to exceed fifty dollars ($50). The amount of this
fee shall not exceed the actual cost of issuing a fictitious-name
permit.

(c) The deliquency fee is twenty dollars ($20).

end delete

begin delete SEC. 7. end delete
begin insert SEC. 13. end insert   

Section 4021.5 of the Business and Professions Code
is amended to read:

4021.5.  

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

begin delete SEC. 8. end delete
begin insert SEC. 14. end insert   

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

4053.  

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

(b) An individual who is at least 18 years of age may apply for
a designated representative license. In order to obtain and maintain
that license, the individual shall meet all of the following
requirements:

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

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

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

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

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

(C) Knowledge and understanding of quality control systems.

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

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

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

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

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

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

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

begin delete SEC. 9. end delete
begin insert SEC. 15. end insert   

The heading of Chapter 13 (commencing with Section
4980) of Division 2 of the Business and Professions Code is
amended to read:

 

Chapter  13. Licensed Marriage and Family Therapists

 

begin delete SEC. 10. end delete
begin insert SEC. 16. end insert   

Section 4980 of the Business and Professions Code
is amended to read:

4980.  

(a) (1) Many California families and many individual
Californians are experiencing difficulty and distress, and are in
need of wise, competent, caring, compassionate, and effective
counseling in order to enable them to improve and maintain healthy
family relationships.

(2) Healthy individuals and healthy families and healthy
relationships are inherently beneficial and crucial to a healthy
society, and are our most precious and valuable natural resource.
Licensed marriage and family therapists provide a crucial support
for the well-being of the people and the State of California.

(b) No person may engage in the practice of marriage and family
therapy as defined by Section 4980.02, unless he or she holds a
valid license as a marriage and family therapist, or unless he or
she is specifically exempted from that requirement, nor may any
person advertise himself or herself as performing the services of
a marriage, family, child, domestic, or marital consultant, or in
any way use these or any similar titles, including the letters
“L.M.F.T.” “M.F.T.,” or “M.F.C.C.,” or other name, word initial,
or symbol in connection with or following his or her name to imply
that he or she performs these services without a license as provided
by this chapter. Persons licensed under Article 4 (commencing
with Section 4996) of Chapter 14 of Division 2, or under Chapter
6.6 (commencing with Section 2900) may engage in such practice
or advertise that they practice marriage and family therapy but
may not advertise that they hold the marriage and family therapist’s
license.

begin delete SEC. 11. end delete
begin insert SEC. 17. end insert   

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

4980.36.  

(a) This section shall apply to the following:

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

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

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

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

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

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

(A) Marriage and family therapy principles.

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

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

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

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

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

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

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

(1) Both of the following:

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

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

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

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

(iii) A student must be enrolled in a practicum course while
counseling clients, except as specified in subdivision (c) of Section
4980.42.

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

(I) Applied use of theory and psychotherapeutic techniques.

(II) Assessment, diagnosis, and prognosis.

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

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

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

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

(vi) In addition to the 150 hours required in clause (ii), 75 hours
of either of the following begin insert , or a combination thereof end insert :

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

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

(2) Instruction in all of the following:

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

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

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

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

(iii) Aging and its biological, social, cognitive, and
psychological aspects. This coursework shall include instruction
on the assessment and reporting of, as well as treatment related
to, elder and dependent adult abuse and neglect.

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

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

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

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

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

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

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

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

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

(v) Marriage, divorce, and blended families.

(vi) Long-term care.

(vii) End of life and grief.

(viii) Poverty and deprivation.

(ix) Financial and social stress.

(x) Effects of trauma.

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

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

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

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

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

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

(I) Substance use disorders, cooccurring disorders, and addiction,
including, but not limited to, instruction in all of the following:

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

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

(iii) The effects of psychoactive drug use.

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

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

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

(vii) Legal aspects of substance abuse.

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

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

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

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

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

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

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

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

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

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

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

(vii) Licensing law and licensing process.

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

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

begin delete SEC. 12. end delete
begin insert SEC. 18. end insert   

Section 4980.37 of the Business and Professions Code
is amended to read:

4980.37.  

(a) This section shall apply to applicants for licensure
or registration who begin graduate study before August 1, 2012,
and complete that study on or before December 31, 2018. Those
applicants may alternatively qualify under paragraph (2) of
subdivision (a) of Section 4980.36.

(b) To qualify for a license or registration, applicants shall
possess a doctor’s or master’s degree in marriage, family, and child
counseling, marriage and family therapy, couple and family
therapy, psychology, clinical psychology, counseling psychology,
or counseling with an emphasis in either marriage, family, and
child counseling or marriage and family therapy, obtained from a
school, college, or university accredited by a regional accrediting
agency that is recognized by the United States Department of
Education or approved by the Bureau for Private Postsecondary
Education. The board has the authority to make the final
determination as to whether a degree meets all requirements,
including, but not limited to, course requirements, regardless of
accreditation or approval. In order to qualify for licensure pursuant
to this section, a doctor’s or master’s degree program shall be a
single, integrated program primarily designed to train marriage
and family therapists and shall contain no less than 48 semester
or 72 quarter units of instruction. This instruction shall include no
less than 12 semester units or 18 quarter units of coursework in
the areas of marriage, family, and child counseling, and marital
and family systems approaches to treatment. The coursework shall
include all of the following areas:

(1) The salient theories of a variety of psychotherapeutic
orientations directly related to marriage and family therapy, and
marital and family systems approaches to treatment.

(2) Theories of marriage and family therapy and how they can
be utilized in order to intervene therapeutically with couples,
families, adults, children, and groups.

(3) Developmental issues and life events from infancy to old
age and their effect on individuals, couples, and family
relationships. This may include coursework that focuses on specific
family life events and the psychological, psychotherapeutic, and
health implications that arise within couples and families,
including, but not limited to, childbirth, child rearing, childhood,
adolescence, adulthood, marriage, divorce, blended families,
stepparenting, abuse and neglect of older and dependent adults,
and geropsychology.

(4) A variety of approaches to the treatment of children.

The board shall, by regulation, set forth the subjects of instruction
required in this subdivision.

(c) (1) In addition to the 12 semester or 18 quarter units of
coursework specified in subdivision (b), the doctor’s or master’s
degree program shall contain not less than six semester or nine
quarter units of supervised practicum in applied psychotherapeutic
technique, assessments, diagnosis, prognosis, and treatment of
premarital, couple, family, and child relationships, including
dysfunctions, healthy functioning, health promotion, and illness
prevention, in a supervised clinical placement that provides
supervised fieldwork experience within the scope of practice of a
marriage and family therapist.

(2) For applicants who enrolled in a degree program on or after
January 1, 1995, the practicum shall include a minimum of 150
hours of face-to-face experience counseling individuals, couples,
families, or groups.

(3) The practicum hours shall be considered as part of the 48
semester or 72 quarter unit requirement.

(d) As an alternative to meeting the qualifications specified in
subdivision (b), the board shall accept as equivalent degrees those
master’s or doctor’s degrees granted by educational institutions
whose degree program is approved by the Commission on
Accreditation for Marriage and Family Therapy Education.

(e) In order to provide an integrated course of study and
appropriate professional training, while allowing for innovation
and individuality in the education of marriage and family therapists,
a degree program that meets the educational qualifications for
licensure or registration under this section shall do all of the
following:

(1) Provide an integrated course of study that trains students
generally in the diagnosis, assessment, prognosis, and treatment
of mental disorders.

(2) Prepare students to be familiar with the broad range of
matters that may arise within marriage and family relationships.

(3) Train students specifically in the application of marriage
and family relationship counseling principles and methods.

(4) Encourage students to develop those personal qualities that
are intimately related to the counseling situation such as integrity,
sensitivity, flexibility, insight, compassion, and personal presence.

(5) Teach students a variety of effective psychotherapeutic
techniques and modalities that may be utilized to improve, restore,
or maintain healthy individual, couple, and family relationships.

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

(7) Prepare students to be familiar with cross-cultural mores
and values, including a familiarity with the wide range of racial
and ethnic backgrounds common among California’s population,
including, but not limited to, Blacks, Hispanics, Asians, and Native
Americans.

(f) Educational institutions are encouraged to design the
practicum required by this section to include marriage and family
therapy experience in low income and multicultural mental health
settings.

(g) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

begin delete SEC. 13. end delete
begin insert SEC. 19. end insert   

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

4980.399.  

(a) Except as provided in subdivision (a) of Section
4980.398, each applicant and registrant shall obtain a passing score
on a board-administered California law and ethics examination in
order to qualify for licensure.

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

(c) Notwithstanding subdivision (b), an applicant who holds a
registration eligible for renewal, begin insert with an expiration date no later
than June 30, 2016, end insert and who applies for renewal of that registration
between January 1, 2016, and June 30, 2016, shall, if eligible, be
allowed to renew the registration without first participating in the
California law and ethics examination. These applicants shall
participate in the California law and ethics examination in the next
renewal cycle, and shall pass the examination prior to licensure or
issuance of a subsequent registration number, as specified in this
section.

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

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

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

(g) Notwithstanding subdivision (f), an applicant who holds or
has held a registration, begin insert with an expiration date no later than
January 1, 2017, end insert and who applies for a subsequent registration
number between January 1, 2016, and January 1, 2017, shall, if
eligible, be allowed to obtain the subsequent registration number
without first passing the California law and ethics begin delete examination, if
the applicant passes end delete begin insert examination. These applicants shall pass end insert the
begin insert California law and ethics end insert examination begin delete at end delete begin insert during end insert the next renewal
period or prior to licensure, whichever occurs first.

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

begin delete SEC. 14. end delete
begin insert SEC. 20. end insert   

Section 4980.41 of the Business and Professions Code
is amended to read:

4980.41.  

(a) An applicant for licensure whose education
qualifies him or her under Section 4980.37 shall complete the
following coursework or training in order to be eligible to sit for
the licensing examinations as specified in subdivision (d) of Section
4980.40:

(1) A two semester or three quarter unit course in California
law and professional ethics for marriage and family therapists,
which shall include, but not be limited to, the following areas of
study:

(A) Contemporary professional ethics and statutory, regulatory,
and decisional laws that delineate the profession’s scope of
practice.

(B) The therapeutic, clinical, and practical considerations
involved in the legal and ethical practice of marriage and family
therapy, including family law.

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

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

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

This course may be considered as part of the 48 semester or 72
quarter unit requirements contained in Section 4980.37.

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

(3) A minimum of 10 contact hours of training or coursework
in human sexuality as specified in Section 25, and any regulations
promulgated thereunder. When coursework in a master’s or
doctor’s degree program is acquired to satisfy this requirement, it
shall be considered as part of the 48 semester or 72 quarter unit
requirement contained in Section 4980.37.

(4) For persons who began graduate study on or after January
1, 1986, a master’s or doctor’s degree qualifying for licensure shall
include specific instruction in alcoholism and other chemical
substance dependency as specified by regulation. When coursework
in a master’s or doctor’s degree program is acquired to satisfy this
requirement, it shall be considered as part of the 48 semester or
72 quarter unit requirement contained in Section 4980.37.
Coursework required under this paragraph may be satisfactory if
taken either in fulfillment of other educational requirements for
licensure or in a separate course. The applicant may satisfy this
requirement by successfully completing this coursework from a
master’s or doctoral degree program at an accredited or approved
institution, as described in subdivision (b) of Section 4980.37, or
from a board-accepted provider of continuing education, as
described in Section 4980.54.

(5) For persons who began graduate study during the period
commencing on January 1, 1995, and ending on December 31,
2003, a master’s or doctor’s degree qualifying for licensure shall
include coursework in spousal or partner abuse assessment,
detection, and intervention. For persons who began graduate study
on or after January 1, 2004, a master’s or doctor’s degree qualifying
for licensure shall include a minimum of 15 contact hours of
coursework in spousal or partner abuse assessment, detection, and
intervention strategies, including knowledge of community
resources, cultural factors, and same gender abuse dynamics.
Coursework required under this paragraph may be satisfactory if
taken either in fulfillment of other educational requirements for
licensure or in a separate course. The applicant may satisfy this
requirement by successfully completing this coursework from a
master’s or doctoral degree program at an accredited or approved
institution, as described in subdivision (b) of Section 4980.37, or
from a board-accepted provider of continuing education, as
described in Section 4980.54.

(6) For persons who began graduate study on or after January
1, 2001, an applicant shall complete a minimum of a two semester
or three quarter unit survey course in psychological testing. When
coursework in a master’s or doctor’s degree program is acquired
to satisfy this requirement, it may be considered as part of the 48
semester or 72 quarter unit requirement of Section 4980.37.

(7) For persons who began graduate study on or after January
1, 2001, an applicant shall complete a minimum of a two semester
or three quarter unit survey course in psychopharmacology. When
coursework in a master’s or doctor’s degree program is acquired
to satisfy this requirement, it may be considered as part of the 48
semester or 72 quarter unit requirement of Section 4980.37.

(8) The requirements added by paragraphs (6) and (7) are
intended to improve the educational qualifications for licensure in
order to better prepare future licentiates for practice and are not
intended in any way to expand or restrict the scope of practice for
licensed marriage and family therapists.

(b) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

begin delete SEC. 15. end delete
begin insert SEC. 21. end insert   

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

4980.43.  

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

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

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

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

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

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

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

(6) No hours of experience may be gained more than six years
prior to the date the application for examination eligibility was
filed, except that up to 500 hours of clinical experience gained in
the supervised practicum required by subdivision (c) of Section
4980.37 and subparagraph (B) of paragraph (1) of subdivision (d)
of Section 4980.36 shall be exempt from this six-year requirement.

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

(A) Direct supervisor contact.

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

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

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

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

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

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

(B) Client centered advocacy.

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

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

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

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

(b) All applicants, trainees, and registrants shall be at all times
under the supervision of a supervisor who shall be 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 shall be responsible to the board for
compliance with all laws, rules, and regulations governing the
practice of marriage and family therapy. Supervised experience
shall be gained by interns and trainees only as an employee or as
a volunteer. The requirements of this chapter regarding gaining
hours of experience and supervision are applicable equally to
employees and volunteers. Experience shall not be gained by
interns or trainees as an independent contractor.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 16. end delete
begin insert SEC. 22. end insert   

Section 4980.55 of the Business and Professions Code
is amended to read:

4980.55.  

As a model for all therapeutic professions, and to
acknowledge respect and regard for the consuming public, all
licensed marriage and family therapists are encouraged to provide
to each client, at an appropriate time and within the context of the
psychotherapeutic relationship, an accurate and informative
statement of the therapist’s experience, education, specialities,
professional orientation, and any other information deemed
appropriate by the licensee.

begin delete SEC. 17. end delete
begin insert SEC. 23. end insert   

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

4980.72.  

(a) This section applies to persons who are licensed
outside of California and apply for licensure on or after January
1, 2016.

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

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

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

(3) The applicant’s supervised experience is substantially
equivalent to that required for a license under this chapter. The
board shall consider hours of experience obtained outside of
California during the six-year period immediately preceding the
date the applicant initially obtained the license described above.

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

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

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

(B) The applicant’s license or registration in that jurisdiction is
in good standing at the time of his or her application and is not
revoked, suspended, surrendered, denied, or otherwise restricted
or encumbered.

begin delete SEC. 18. end delete
begin insert SEC. 24. end insert   

Section 4980.78 of the Business and Professions Code
is amended to read:

4980.78.  

(a) This section applies to persons who apply for
licensure or registration on or after January 1, 2016.

(b) For purposes of Sections 4980.72 and 4980.74, education
is substantially equivalent if all of the following requirements are
met:

(1) The degree is obtained from a school, college, or university
accredited by an accrediting agency that is recognized by the
United States Department of Education and consists of, at a
minimum, 48 semester or 72 quarter units, including, but not
limited to, both of the following:

(A) Six semester or nine quarter units of practicum, including,
but not limited to, a minimum of 150 hours of face-to-face
counseling.

(B) Twelve semester or 18 quarter units in the areas of marriage,
family, and child counseling and marital and family systems
approaches to treatment, as specified in subparagraph (A) of
paragraph (1) of subdivision (d) of Section 4980.36.

(2) The applicant completes any units and course content
requirements under subdivision (d) of Section 4980.36 not already
completed in his or her education.

(3) The applicant completes credit level coursework from a
degree-granting institution that provides all of the following:

(A) Instruction regarding the principles of mental health
recovery-oriented care and methods of service delivery in recovery
model practice environments.

(B) An understanding of various California cultures and the
social and psychological implications of socioeconomic position.

(C) Structured meeting with various consumers and family
members of consumers of mental health services to enhance
understanding of their experience of mental illness, treatment, and
recovery.

(D) Instruction in addiction and cooccurring substance abuse
and mental health disorders, as specified in subparagraph (I) of
paragraph (2) of subdivision (d) of Section 4980.36.

(4) The applicant completes an 18-hour course in California
law and professional ethics. The content of the course shall include,
but not be limited to, advertising, scope of practice, scope of
competence, treatment of minors, confidentiality, dangerous
patients, psychotherapist-patient privilege, recordkeeping, patient
access to records, state and federal laws relating to confidentiality
of patient health information, dual relationships, child abuse, elder
and dependent adult abuse, online therapy, insurance
reimbursement, civil liability, disciplinary actions and
unprofessional conduct, ethics complaints and ethical standards,
termination of therapy, standards of care, relevant family law,
therapist disclosures to patients, differences in legal and ethical
standards in different types of work settings, and licensing law
and licensing process.

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

begin delete SEC. 19. end delete
begin insert SEC. 25. end insert   

Section 4987.5 of the Business and Professions Code
is amended to read:

4987.5.  

A marriage and family therapy corporation is a
corporation that is authorized to render professional services, as
defined in Section 13401 of the Corporations Code, so long as that
corporation and its shareholders, officers, directors, and employees
rendering professional services who are licensed marriage and
family therapists, physicians and surgeons, psychologists, licensed
professional clinical counselors, licensed clinical social workers,
registered nurses, chiropractors, or acupuncturists are in compliance
with the Moscone-Knox Professional Corporation Act (Part 4
(commencing with Section 13400) of Division 3 of Title 1 of the
Corporations Code), this article, and any other statute or regulation
pertaining to that corporation and the conduct of its affairs. With
respect to a marriage and family therapy corporation, the
governmental agency referred to in the Moscone-Knox Professional
Corporation Act is the Board of Behavioral Sciences.

begin insert

begin insert SEC. 26. end insert   

end insert

begin insert Section 4989.16 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4989.16.  

(a) A person appropriately credentialed by the
Commission on Teacher Credentialing may perform the functions
authorized by that credential in a public school without a license
issued under this chapter by the board.

(b) Nothing in this chapter shall be construed to constrict, limit,
or withdraw the Medical Practice Act (Chapter 5 (commencing
with Section 2000)), the Nursing Practice Act (Chapter 6
(commencing with Section 2700)), the Psychology Licensing Law
(Chapter 6.6 (commencing with Section 2900)), the Licensed
Marriage and Family Therapist Practice Act (Chapter 13
(commencing with Section 4980)), begin delete or end delete the Clinical Social Worker
Practice Act (Chapter 14 (commencing with Section 4991)) begin insert , or
the Licensed Professional Clinical Counselor Act (Chapter 16
(commencing with Section 4999.10)) end insert .

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert Section 4989.22 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4989.22.  

(a) Only persons who satisfy the requirements of
Section 4989.20 are eligible to take the licensure examination.

(b) An applicant who fails the written examination may, within
one year from the notification date of failure, retake the
examination as regularly scheduled without further application.
Thereafter, the applicant shall not be eligible for further
examination until he or she files a new application, meets all
current requirements, and pays all fees required.

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

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

begin delete

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

end delete begin delete

(f)

end delete

begin insert (e) end insert  Notwithstanding Section 135, the board may deny any
applicant who has previously failed begin delete either end delete the begin delete standard written or
clinical vignette end delete written examination permission to retake begin delete either end delete
begin insert the end insert examination pending completion of the investigation of any
complaint against the applicant. Nothing in this section shall
prohibit the board from denying an applicant admission to any
examination, withholding the results, or refusing to issue a license
to any applicant when an accusation or statement of issues has
been filed against the applicant pursuant to Section 11503 or 11504
of the Government Code, or the applicant has been denied in
accordance with subdivision (b) of Section 485.

begin delete SEC. 20. end delete
begin insert SEC. 28. end insert   

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

4992.09.  

(a) Except as provided in subdivision (a) of Section
4992.07, an applicant and registrant shall obtain a passing score
on a board-administered California law and ethics examination in
order to qualify for licensure.

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

(c) Notwithstanding subdivision (b), an applicant who holds a
registration eligible for renewal, begin insert with an expiration date no later
than June 30, 2016, end insert and who applies for renewal of that registration
between January 1, 2016, and June 30, 2016, shall, if eligible, be
allowed to renew the registration without first participating in the
California law and ethics examination. These applicants shall
participate in the California law and ethics examination in the next
renewal cycle, and shall pass the examination prior to licensure or
issuance of a subsequent registration number, as specified in this
section.

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

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

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

(g) Notwithstanding subdivision (f), an applicant who holds or
has held a registration, begin insert with an expiration date no later than
January 1, 2017, end insert and who applies for a subsequent registration
number between January 1, 2016, and January 1, 2017, shall, if
eligible, be allowed to obtain the subsequent registration number
without first passing the California law and ethics begin delete examination, if
the applicant passes end delete begin insert examination. These applicants shall pass end insert the
begin insert California law and ethics end insert examination begin delete at end delete begin insert during end insert the next renewal
period or prior to licensure, whichever occurs first.

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

begin insert

begin insert SEC. 29. end insert   

end insert

begin insert Section 4996.17 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4996.17.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 21. end delete
begin insert SEC. 30. end insert   

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

4996.23.  

The experience required by subdivision (c) of Section
4996.2 shall meet the following criteria:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(l) An associate shall not do the following:

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

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

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

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

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

begin delete SEC. 22. end delete
begin insert SEC. 31. end insert   

Section 4998 of the Business and Professions Code
is amended to read:

4998.  

A licensed clinical social worker corporation is a
corporation that is authorized to render professional services, as
defined in Section 13401 of the Corporations Code, so long as that
corporation and its shareholders, officers, directors, and employees
rendering professional services who are licensed clinical social
workers, physicians and surgeons, psychologists, licensed
professional clinical counselors, licensed marriage and family
therapists, registered nurses, chiropractors, or acupuncturists are
in compliance with the Moscone-Knox Professional Corporation
Act (Part 4 (commencing with Section 13400) of Division 3 of
Title 1 of the Corporations Code), this article, and all other statutes
and regulations now or hereafter enacted or adopted pertaining to
that corporation and the conduct of its affairs. With respect to a
licensed clinical social worker corporation, the governmental
agency referred to in the Moscone-Knox Professional Corporation
Act is the Board of Behavioral Sciences.

begin delete SEC. 23. end delete
begin insert SEC. 32. end insert   

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

4999.55.  

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

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

(c) Notwithstanding subdivision (b), an applicant who holds a
registration eligible for renewal, begin insert with an expiration date no later
than June 30, 2016, end insert and who applies for renewal of that registration
between January 1, 2016, and June 30, 2016, shall, if eligible, be
allowed to renew the registration without first participating in the
California law and ethics examination. These applicants shall
participate in the California law and ethics examination in the next
renewal cycle, and shall pass the examination prior to licensure or
issuance of a subsequent registration number, as specified in this
section.

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

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

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

(g) Notwithstanding subdivision (f), an applicant who holds or
has held a registration, begin insert with an expiration date no later than end insert
begin insert January 1, 2017, end insert and who applies for a subsequent registration
number between January 1, 2016, and January 1, 2017, shall, if
eligible, be allowed to obtain the subsequent registration number
without first passing the California law and ethics begin delete examination, if
the applicant passes end delete begin insert examination. These applicants shall pass end insert the
begin insert California law and ethics end insert examination begin delete at end delete begin insert during end insert the next renewal
period or prior to licensure, whichever occurs first.

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

begin delete SEC. 24. end delete
begin insert SEC. 33. end insert   

Section 4999.58 of the Business and Professions Code
is amended to read:

4999.58.  

(a) This section applies to a person who applies for
examination eligibility between January 1, 2011, and December
31, 2015, inclusive, and who meets both of the following
requirements:

(1) At the time of application, holds a valid license as a
professional clinical counselor, or other counseling license that
allows the applicant to independently provide clinical mental health
services, in another jurisdiction of the United States.

(2) Has held the license described in paragraph (1) for at least
two years immediately preceding the date of application.

(b) The board may issue a license to a person described in
subdivision (a) if all of the following requirements are satisfied:

(1) The education and supervised experience requirements of
the other jurisdiction are substantially the equivalent of this chapter,
as described in subdivision (e) and in Section 4999.46.

(2) The person complies with subdivision (b) of Section 4999.40,
if applicable.

(3) The person successfully completes the examinations required
by the board pursuant to paragraph (3) of subdivision (a) of Section
4999.50. An applicant who obtained his or her license or
registration under another jurisdiction by taking a national
examination that is required by the board may apply for licensure
with the board without retaking that examination if both of the
following conditions are met:

(A) The applicant obtained a passing score on the national
licensing examination that is required by the board.

(B) The applicant’s license or registration in that jurisdiction is
in good standing at the time of his or her application and is not
revoked, suspended, surrendered, denied, or otherwise restricted
or begin delete encumbered. end delete begin insert encumbered. end insert

(4) The person pays the required fees.

(c) Experience gained outside of California shall be accepted
toward the licensure requirements if it is substantially equivalent
to that required by this chapter. The board shall consider hours of
experience obtained in another state during the six-year period
immediately preceding the applicant’s initial licensure by that state
as a licensed professional clinical counselor.

(d) Education gained while residing outside of California shall
be accepted toward the licensure requirements if it is substantially
equivalent to the education requirements of this chapter, and if the
applicant has completed the training or coursework required under
subdivision (e) of Section 4999.32, which includes, in addition to
the course described in subparagraph (I) of paragraph (1) of
subdivision (c) of Section 4999.32, an 18-hour course in California
law and professional ethics for professional clinical counselors.

(e) For purposes of this section, the board may, in its discretion,
accept education as substantially equivalent if the applicant’s
education meets the requirements of Section 4999.32. If the
applicant’s degree does not contain the content or the overall units
required by Section 4999.32, the board may, in its discretion, accept
the applicant’s education as substantially equivalent if the following
criteria are satisfied:

(1) The applicant’s degree contains the required number of
practicum units under paragraph (3) of subdivision (c) of Section
4999.32.

(2) The applicant remediates his or her specific deficiency by
completing the course content and units required by Section
4999.32.

(3) The applicant’s degree otherwise complies with this section.

(f) This section shall become inoperative on January 1, 2016,
and as of that date is repealed, unless a later enacted statute, which
is enacted before January 1, 2016, deletes or extends that date.

begin delete SEC. 25. end delete
begin insert SEC. 34. end insert   

Section 4999.59 of the Business and Professions Code
is amended to read:

4999.59.  

(a) This section applies to a person who applies for
examination eligibility or registration between January 1, 2011,
and December 31, 2015, inclusive, who meets both of the following
requirements:

(1) At the time of application, holds a valid license described
in paragraph (1) of subdivision (a) of Section 4999.58.

(2) Has held the license described in paragraph (1) for less than
two years immediately preceding the date of application.

(b) Experience gained outside of California shall be accepted
toward the licensure requirements if it is substantially equivalent
to that required by this chapter, if the applicant complies with
Section 4999.40, if applicable, and if the applicant has gained a
minimum of 250 hours of supervised experience in direct
counseling within California while registered as an intern with the
board. The board shall consider hours of experience obtained in
another state during the six-year period immediately preceding the
applicant’s initial licensure in that state as a professional clinical
counselor.

(c) Education gained while residing outside of California shall
be accepted toward the licensure requirements if it is substantially
equivalent to the education requirements of this chapter, and if the
applicant has completed the training or coursework required under
subdivision (e) of Section 4999.32, which includes, in addition to
the course described in subparagraph (I) of paragraph (1) of
subdivision (c) of Section 4999.32, an 18-hour course in California
law and professional ethics for professional clinical counselors.

(d) For purposes of this section, the board may, in its discretion,
accept education as substantially equivalent if the applicant’s
education meets the requirements of Section 4999.32. If the
applicant’s degree does not contain the content or the overall units
required by Section 4999.32, the board may, in its discretion, accept
the applicant’s education as substantially equivalent if the following
criteria are satisfied:

(1) The applicant’s degree contains the required number of
practicum units under paragraph (3) of subdivision (c) of Section
4999.32.

(2) The applicant remediates his or her specific deficiency by
completing the course content and units required by Section
4999.32.

(3) The applicant’s degree otherwise complies with this section.

(e) An applicant who obtained his or her license or registration
under another jurisdiction by taking a national examination that
is required by the board may apply for licensure with the board
without retaking that examination if both of the following
conditions are met:

(1) The applicant obtained a passing score on the national
licensing examination that is required by the board.

(2) The applicant’s license or registration in that jurisdiction is
in good standing at the time of his or her application and is not
revoked, suspended, surrendered, denied, or otherwise restricted
or encumbered.

(f) This section shall become inoperative on January 1, 2016,
and as of that date is repealed, unless a later enacted statute, which
is enacted before January 1, 2016, deletes or extends that date.

begin delete SEC. 26. end delete
begin insert SEC. 35. end insert   

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

4999.60.  

(a) This section applies to persons who are licensed
outside of California and apply for examination eligibility on or
after January 1, 2016.

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

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

(2) The applicant complies with subdivision (b) of Section
4999.40, if applicable.

(3) The applicant’s supervised experience is substantially
equivalent to that required for a license under this chapter. The
board shall consider hours of experience obtained outside of
California during the six-year period immediately preceding the
date the applicant initially obtained the license described above.

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

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

(B) The applicant’s license or registration in that jurisdiction is
in good standing at the time of his or her application and is not
revoked, suspended, surrendered, denied, or otherwise restricted
or encumbered.

begin delete SEC. 27. end delete
begin insert SEC. 36. end insert   

Section 4999.123 of the Business and Professions
Code is amended to read:

4999.123.  

A professional clinical counselor corporation is a
corporation that is authorized to render professional services, as
defined in Section 13401 of the Corporations Code, so long as that
corporation and its shareholders, officers, directors, and employees
who are rendering professional services and who are licensed
professional clinical counselors, licensed marriage and family
therapists, physicians and surgeons, psychologists, licensed clinical
social workers, registered nurses, chiropractors, or acupuncturists,
are in compliance with the Moscone-Knox Professional
Corporation Act (Part 4 (commencing with Section 13400) of
Division 3 of Title 1 of the Corporations Code), this article, and
any other statute or regulation pertaining to that corporation and
the conduct of its affairs. With respect to a professional clinical
counselor corporation, the term “governmental agency” in the
Moscone-Knox Professional Corporation Act (Part 4 (commencing
with Section 13400) of Division 3 of Title 1 of the Corporations
Code) shall be construed to mean the Board of Behavioral Sciences.

begin delete SEC. 28. end delete
begin insert SEC. 37. end insert   

Section 14132.55 of the Welfare and Institutions
Code is amended to read:

14132.55.  

For the purposes of reimbursement under the
Medi-Cal program, a speech pathologist or audiologist shall be
licensed by the Speech-Language Pathology and Audiology
Examining Committee of the Medical Board of California or
similarly licensed by a comparable agency in the state in which
he or she practices. Licensed speech-language pathologists or
licensed audiologists are authorized to utilize and shall be
reimbursed for the services of those personnel in the process of
completing requirements under the provisions of subdivision (c)
of Section 2532.2 of the Business and Professions Code.

begin delete SEC. 29. end delete
begin insert SEC. 38. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.