Amended in Assembly August 18, 2014

Amended in Assembly August 4, 2014

Amended in Assembly July 1, 2014

Amended in Assembly June 2, 2014

Senate BillNo. 1466


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

March 25, 2014


An act to amend Sections 27, 655.2, 2023.5, 2089.5, 2240, 2530.5, 2532.2, 2532.7, 2936, 4021.5, 4053, 4980, 4980.36, 4980.37, 4980.399, 4980.41, 4980.43, 4980.55, 4980.72, 4980.78, 4987.5, 4989.16, 4989.22, 4992.09, 4996.17, 4996.23, 4998, 4999.55, 4999.58, 4999.59, 4999.60, and 4999.123 of, to amend the heading of Chapter 13 (commencing with Section 4980) of Division 2 of, and to repeal Sections 2930.5 and 2987.3 of, 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.

(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.

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.

(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.

This bill would delete the provisions that require the board to adopt regulations by January 1, 2009, and January 1, 2013.

(3) 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.

(4) 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.

(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.

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.

(6) 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 a 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.

(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 as a marriage and family therapist to complete 75 hours of client centered advocacy or face-to-face counseling, as specified.

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

(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.

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

(9) Existing law requires an applicant for licensure as a marriage and family therapist, clinical 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 licensure or renewal of a license.

This bill would permit an applicant who holds a registration eligible for renewal, with an expiration date no later than June 30, 2016, 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 licensure or issuance of a subsequent registration number. The bill would also permit an applicant who holds or has held a registration, with an expiration date no later than January 1, 2017, 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 during the next renewal period or prior to licensure, whichever occurs first.

This bill would make other changes relating to licensure as a marriage and family therapist, clinical social worker, or professional clinical counselor.

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

begin insert

(10) This bill would incorporate additional changes to Sections 4980.72, 4980.78, 4999.58, 4999.59, and 4999.60 of the Business and Professions Code proposed by AB 2213, to be operative only if AB 2213 and this bill are both chaptered and become effective on or before January 1, 2015, and this bill is chaptered last.

end insert
begin delete

(10)

end delete

begin insert(11)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:

P5    1

SECTION 1.  

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

3

27.  

(a) Each entity specified in subdivisions (c), (d), and (e)
4shall provide on the Internet information regarding the status of
5every license issued by that entity in accordance with the California
6Public Records Act (Chapter 3.5 (commencing with Section 6250)
7of Division 7 of Title 1 of the Government Code) and the
8Information Practices Act of 1977 (Chapter 1 (commencing with
9Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).
10The public information to be provided on the Internet shall include
11information on suspensions and revocations of licenses issued by
12the entity and other related enforcement action, including
13accusations filed pursuant to the Administrative Procedure Act
14(Chapter 3.5 (commencing with Section 11340) of Part 1 of
15Division 3 of Title 2 of the Government Code) taken by the entity
16relative to persons, businesses, or facilities subject to licensure or
17regulation by the entity. The information may not include personal
18information, including home telephone number, date of birth, or
19social security number. Each entity shall disclose a licensee’s
20address of record. However, each entity shall allow a licensee to
21provide a post office box number or other alternate address, instead
22of his or her home address, as the address of record. This section
23shall not preclude an entity from also requiring a licensee, who
24has provided a post office box number or other alternative mailing
25address as his or her address of record, to provide a physical
26business address or residence address only for the entity’s internal
P6    1administrative use and not for disclosure as the licensee’s address
2of record or disclosure on the Internet.

3(b) In providing information on the Internet, each entity specified
4in subdivisions (c) and (d) shall comply with the Department of
5Consumer Affairs’ guidelines for access to public records.

6(c) Each of the following entities within the Department of
7Consumer Affairs shall comply with the requirements of this
8section:

9(1) The Board for Professional Engineers, Land Surveyors, and
10Geologists shall disclose information on its registrants and
11licensees.

12(2) The Bureau of Automotive Repair shall disclose information
13on its licensees, including auto repair dealers, smog stations, lamp
14and brake stations, smog check technicians, and smog inspection
15certification stations.

16(3) The Bureau of Electronic and Appliance Repair, Home
17Furnishings, and Thermal Insulation shall disclose information on
18its licensees and registrants, including major appliance repair
19dealers, combination dealers (electronic and appliance), electronic
20repair dealers, service contract sellers, and service contract
21administrators.

22(4) The Cemetery and Funeral Bureau shall disclose information
23on its licensees, including cemetery brokers, cemetery salespersons,
24cemetery managers, crematory managers, cemetery authorities,
25crematories, cremated remains disposers, embalmers, funeral
26establishments, and funeral directors.

27(5) The Professional Fiduciaries Bureau shall disclose
28information on its licensees.

29(6) The Contractors’ State License Board shall disclose
30information on its licensees and registrants in accordance with
31Chapter 9 (commencing with Section 7000) of Division 3. In
32addition to information related to licenses as specified in
33subdivision (a), the board shall also disclose information provided
34to the board by the Labor Commissioner pursuant to Section 98.9
35of the Labor Code.

36(7) The Bureau for Private Postsecondary Education shall
37disclose information on private postsecondary institutions under
38its jurisdiction, including disclosure of notices to comply issued
39pursuant to Section 94935 of the Education Code.

P7    1(8) The California Board of Accountancy shall disclose
2information on its licensees and registrants.

3(9) The California Architects Board shall disclose information
4on its licensees, including architects and landscape architects.

5(10) The State Athletic Commission shall disclose information
6on its licensees and registrants.

7(11) The State Board of Barbering and Cosmetology shall
8disclose information on its licensees.

9(12) The State Board of Guide Dogs for the Blind shall disclose
10information on its licensees and registrants.

11(13) The Acupuncture Board shall disclose information on its
12licensees.

13(14) The Board of Behavioral Sciences shall disclose
14information on its licensees, including licensed marriage and family
15therapists, licensed clinical social workers, licensed educational
16psychologists, and licensed professional clinical counselors.

17(15) The Dental Board of California shall disclose information
18on its licensees.

19(16) The State Board of Optometry shall disclose information
20regarding certificates of registration to practice optometry,
21statements of licensure, optometric corporation registrations, branch
22office licenses, and fictitious name permits of its licensees.

23(17) The Board of Psychology shall disclose information on its
24licensees, including psychologists, psychological assistants, and
25registered psychologists.

26(d) The State Board of Chiropractic Examiners shall disclose
27information on its licensees.

28(e) The Structural Pest Control Board shall disclose information
29on its licensees, including applicators, field representatives, and
30operators in the areas of fumigation, general pest and wood
31destroying pests and organisms, and wood roof cleaning and
32treatment.

33(f) “Internet” for the purposes of this section has the meaning
34set forth in paragraph (6) of subdivision (f) of Section 17538.

35

SEC. 2.  

Section 655.2 of the Business and Professions Code
36 is amended to read:

37

655.2.  

(a) (1) No physician and surgeon or medical
38corporation licensed under Chapter 5 (commencing with Section
392000), nor any audiologist who is not a licensed dispensing
40audiologist or hearing aid dispenser shall employ any individual
P8    1licensed pursuant to Article 8 (commencing with Section 2538.10)
2of Chapter 5.3 for the purpose of fitting or selling hearing aids.

3(2) No individual licensed pursuant to Article 8 (commencing
4with Section 2538.10) of Chapter 5.3 shall employ any physician
5and surgeon or any audiologist who is not a licensed dispensing
6audiologist or hearing aid dispenser, or contract with a medical
7corporation licensed under Chapter 5 (commencing with Section
82000), for the purpose of fitting or selling hearing aids.

9(b) This section shall not apply to any physician and surgeon
10or medical corporation that contracts with or is affiliated with a
11comprehensive group practice health care service plan licensed
12pursuant to the Knox-Keene Health Care Service Plan Act, as set
13forth in Chapter 2.2 (commencing with Section 1340) of Division
142 of the Health and Safety Code.

15

SEC. 3.  

Section 2023.5 of the Business and Professions Code
16 is amended to read:

17

2023.5.  

(a) The board, in conjunction with the Board of
18Registered Nursing, and in consultation with the Physician
19Assistant Committee and professionals in the field, shall review
20issues and problems surrounding the use of laser or intense light
21pulse devices for elective cosmetic procedures by physicians and
22surgeons, nurses, and physician assistants. The review shall include,
23but need not be limited to, all of the following:

24(1) The appropriate level of physician supervision needed.

25(2) The appropriate level of training to ensure competency.

26(3) Guidelines for standardized procedures and protocols that
27address, at a minimum, all of the following:

28(A) Patient selection.

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

30(C) Use of topical agents.

31(D) Procedures to be followed in the event of complications or
32side effects from the treatment.

33(E) Procedures governing emergency and urgent care situations.

34(b) Nothing in this section shall be construed to modify the
35prohibition against the unlicensed practice of medicine.

36

SEC. 4.  

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

38

2089.5.  

(a) Clinical instruction in the subjects listed in
39subdivision (b) of Section 2089 shall meet the requirements of this
40section and shall be considered adequate if the requirements of
P9    1subdivision (a) of Section 2089 and the requirements of this section
2are satisfied.

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

5(c) Instruction in the core clinical courses of surgery, medicine,
6family medicine, pediatrics, obstetrics and gynecology, and
7psychiatry shall total a minimum of 40 weeks in length with a
8minimum of eight weeks instruction in surgery, eight weeks in
9medicine, six weeks in pediatrics, six weeks in obstetrics and
10gynecology, a minimum of four weeks in family medicine, and
11four weeks in psychiatry.

12(d) Of the instruction required by subdivision (b), including all
13of the instruction required by subdivision (c), 54 weeks shall be
14performed in a hospital that sponsors the instruction and shall meet
15one of the following:

16(1) Is a formal part of the medical school or school of
17osteopathic medicine.

18(2) Has a residency program, approved by the Accreditation
19Council for Graduate Medical Education (ACGME) or the Royal
20College of Physicians and Surgeons of Canada (RCPSC), in family
21practice or in the clinical area of the instruction for which credit
22is being sought.

23(3) Is formally affiliated with an approved medical school or
24school of osteopathic medicine located in the United States or
25Canada. If the affiliation is limited in nature, credit shall be given
26only in the subject areas covered by the affiliation agreement.

27(4) Is formally affiliated with a medical school or a school of
28osteopathic medicine located outside the United States or Canada.

29(e) If the institution, specified in subdivision (d), is formally
30affiliated with a medical school or a school of osteopathic medicine
31located outside the United States or Canada, it shall meet the
32following:

33(1) The formal affiliation shall be documented by a written
34contract detailing the relationship between the medical school, or
35a school of osteopathic medicine, and hospital and the
36responsibilities of each.

37(2) The school and hospital shall provide to the board a
38description of the clinical program. The description shall be in
39sufficient detail to enable the board to determine whether or not
40the program provides students an adequate medical education. The
P10   1board shall approve the program if it determines that the program
2provides an adequate medical education. If the board does not
3approve the program, it shall provide its reasons for disapproval
4to the school and hospital in writing specifying its findings about
5each aspect of the program that it considers to be deficient and the
6changes required to obtain approval.

7(3) The hospital, if located in the United States, shall be
8accredited by the Joint Commission on Accreditation of Hospitals,
9or the American Osteopathic Association’s Healthcare Facilities
10Accreditation Program, and if located in another country, shall be
11accredited in accordance with the law of that country.

12(4) The clinical instruction shall be supervised by a full-time
13director of medical education, and the head of the department for
14each core clinical course shall hold a full-time faculty appointment
15of the medical school or school of osteopathic medicine and shall
16be board certified or eligible, or have an equivalent credential in
17that specialty area appropriate to the country in which the hospital
18is located.

19(5) The clinical instruction shall be conducted pursuant to a
20written program of instruction provided by the school.

21(6) The school shall supervise the implementation of the
22program on a regular basis, documenting the level and extent of
23its supervision.

24(7) The hospital-based faculty shall evaluate each student on a
25regular basis and shall document the completion of each aspect of
26the program for each student.

27(8) The hospital shall ensure a minimum daily census adequate
28to meet the instructional needs of the number of students enrolled
29in each course area of clinical instruction, but not less than 15
30patients in each course area of clinical instruction.

31(9) The board, in reviewing the application of a foreign medical
32graduate, may require the applicant to submit a description of the
33clinical program, if the board has not previously approved the
34program, and may require the applicant to submit documentation
35to demonstrate that the applicant’s clinical training met the
36requirements of this subdivision.

37(10) The medical school or school of osteopathic medicine shall
38bear the reasonable cost of any site inspection by the board or its
39agents necessary to determine whether the clinical program offered
40is in compliance with this subdivision.

P11   1

SEC. 5.  

Section 2240 of the Business and Professions Code is
2amended to read:

3

2240.  

(a) A physician and surgeon who performs a medical
4procedure outside of a general acute care hospital, as defined in
5subdivision (a) of Section 1250 of the Health and Safety Code,
6that results in the death of any patient on whom that medical
7treatment was performed by the physician and surgeon, or by a
8person acting under the physician and surgeon’s orders or
9supervision, shall report, in writing on a form prescribed by the
10board, that occurrence to the board within 15 days after the
11occurrence.

12(b) A physician and surgeon who performs a scheduled medical
13procedure outside of a general acute care hospital, as defined in
14subdivision (a) of Section 1250 of the Health and Safety Code,
15that results in the transfer to a hospital or emergency center for
16medical treatment for a period exceeding 24 hours, of any patient
17on whom that medical treatment was performed by the physician
18and surgeon, or by a person acting under the physician and
19surgeon’s orders or supervision, shall report, in writing, on a form
20prescribed by the board that occurrence, within 15 days after the
21occurrence. The form shall contain all of the following information:

22(1) Name of the patient’s physician in the outpatient setting.

23(2) Name of the physician with hospital privileges.

24(3) Name of the patient and patient identifying information.

25(4) Name of the hospital or emergency center where the patient
26was transferred.

27(5) Type of outpatient procedures being performed.

28(6) Events triggering the transfer.

29(7) Duration of the hospital stay.

30(8) Final disposition or status, if not released from the hospital,
31of the patient.

32(9) Physician’s practice specialty and ABMS certification, if
33applicable.

34(c) The form described in subdivision (b) shall be constructed
35in a format to enable the physician and surgeon to transmit the
36information in paragraphs (5) to (9), inclusive, to the board in a
37manner that the physician and surgeon and the patient are
38anonymous and their identifying information is not transmitted to
39the board. The entire form containing information described in
P12   1paragraphs (1) to (9), inclusive, shall be placed in the patient’s
2medical record.

3(d) The board shall aggregate the data and publish an annual
4report on the information collected pursuant to subdivisions (a)
5and (b).

6(e) On and after January 1, 2002, the data required in subdivision
7(b) shall be sent to the Office of Statewide Health Planning and
8Development (OSHPD) instead of the board. OSHPD may revise
9the reporting requirements to fit state and national standards, as
10applicable. The board shall work with OSHPD in developing the
11reporting mechanism to satisfy the data collection requirements
12of this section.

13(f) The failure to comply with this section constitutes
14unprofessional conduct.

15

SEC. 6.  

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

17

2530.5.  

(a) Nothing in this chapter shall be construed as
18restricting hearing testing conducted by licensed physicians and
19surgeons or by persons conducting hearing tests under the direct
20supervision of a physician and surgeon.

21(b) Nothing in this chapter shall be construed to prevent a
22licensed hearing aid dispenser from engaging in testing of hearing
23and other practices and procedures used solely for the fitting and
24selling of hearing aids nor does this chapter restrict persons
25practicing their licensed profession and operating within the scope
26of their licensed profession or employed by someone operating
27within the scope of their licensed professions, including persons
28fitting and selling hearing aids who are properly licensed or
29 registered under the laws of the State of California.

30(c) Nothing in this chapter shall be construed as restricting or
31preventing the practice of speech-language pathology or audiology
32by personnel holding the appropriate credential from the
33Commission on Teacher Credentialing as long as the practice is
34conducted within the confines of or under the jurisdiction of a
35public preschool, elementary, or secondary school by which they
36are employed and those persons do not either offer to render or
37render speech-language pathology or audiology services to the
38public for compensation over and above the salary they receive
39from the public preschool, elementary, or secondary school by
P13   1which they are employed for the performance of their official
2duties.

3(d) Nothing in this chapter shall be construed as restricting the
4activities and services of a student or speech-language pathology
5intern in speech-language pathology pursuing a course of study
6leading to a degree in speech-language pathology at an accredited
7or approved college or university or an approved clinical training
8facility, provided that these activities and services constitute a part
9of his or her supervised course of study and that those persons are
10designated by the title as “speech-language pathology intern,”
11“speech-language pathology trainee,” or other title clearly
12indicating the training status appropriate to his or her level of
13training.

14(e) Nothing in this chapter shall be construed as restricting the
15activities and services of a student or audiology intern in audiology
16pursuing a course of study leading to a degree in audiology at an
17accredited or approved college or university or an approved clinical
18training facility, provided that these activities and services
19constitute a part of his or her supervised course of study and that
20those persons are designated by the title as “audiology intern,”
21“audiology trainee,” or other title clearly indicating the training
22status appropriate to his or her level of training.

23(f) Nothing in this chapter shall be construed as restricting the
24practice of an applicant who is obtaining the required professional
25experience specified in subdivision (c) of Section 2532.2 and who
26has been issued a temporary license pursuant to Section 2532.7.
27The number of applicants who may be supervised by a licensed
28speech-language pathologist or a speech-language pathologist
29having qualifications deemed equivalent by the board shall be
30determined by the board. The supervising speech-language
31pathologist shall register with the board the name of each applicant
32working under his or her supervision, and shall submit to the board
33a description of the proposed professional responsibilities of the
34applicant working under his or her supervision. The number of
35applicants who may be supervised by a licensed audiologist or an
36audiologist having qualifications deemed equivalent by the board
37shall be determined by the board. The supervising audiologist shall
38register with the board the name of each applicant working under
39his or her supervision, and shall submit to the board a description
P14   1of the proposed professional responsibilities of the applicant
2working under his or her supervision.

3(g) Nothing in this chapter shall be construed as restricting
4hearing screening services in public or private elementary or
5secondary schools so long as these screening services are provided
6by persons registered as qualified school audiometrists pursuant
7to Sections 1685 and 1686 of the Health and Safety Code or hearing
8screening services supported by the State Department of Health
9Care Services so long as these screening services are provided by
10appropriately trained or qualified personnel.

11(h) Persons employed as speech-language pathologists or
12audiologists by a federal agency shall be exempt from this chapter.

13(i) Nothing in this chapter shall be construed as restricting
14consultation or the instructional or supervisory activities of a
15faculty member of an approved or accredited college or university
16for the first 60 days following appointment after the effective date
17of this subdivision.

18

SEC. 7.  

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

20

2532.2.  

Except as required by Section 2532.25, to be eligible
21for licensure by the board as a speech-language pathologist or
22audiologist, the applicant shall possess all of the following
23qualifications:

24(a) Possess at least a master’s degree in speech-language
25pathology or audiology from an educational institution approved
26by the board or qualifications deemed equivalent by the board.

27(b) (1) Submit evidence of the satisfactory completion of
28supervised clinical practice with individuals representative of a
29wide spectrum of ages and communication disorders. The board
30shall establish by regulation the required number of clock hours,
31not to exceed 375 clock hours, of supervised clinical practice
32necessary for the applicant.

33(2) The clinical practice shall be under the direction of an
34educational institution approved by the board.

35(c) Submit evidence of no less than 36 weeks of satisfactorily
36completed supervised professional full-time experience or 72 weeks
37of professional part-time experience obtained under the supervision
38of a licensed speech-language pathologist or audiologist or a
39speech-language pathologist or audiologist having qualifications
40deemed equivalent by the board. This experience shall be evaluated
P15   1and approved by the board. The required professional experience
2shall follow completion of the requirements listed in subdivisions
3(a) and (b). Full time is defined as at least 36 weeks in a calendar
4year and a minimum of 30 hours per week. Part time is defined as
5a minimum of 72 weeks and a minimum of 15 hours per week.

6(d) (1) Pass an examination or examinations approved by the
7board. The board shall determine the subject matter and scope of
8the examinations and may waive the examination upon evidence
9that the applicant has successfully completed an examination
10approved by the board. Written examinations may be supplemented
11by oral examinations as the board shall determine. An applicant
12who fails his or her examination may be reexamined at a
13subsequent examination upon payment of the reexamination fee
14required by this chapter.

15(2) A speech-language pathologist or audiologist who holds a
16license from another state or territory of the United States or who
17holds equivalent qualifications as determined by the board and
18who has completed no less than one year of full-time continuous
19employment as a speech-language pathologist or audiologist within
20the past three years is exempt from the supervised professional
21experience in subdivision (c).

22(e) As applied to licensure as an audiologist, this section shall
23apply to applicants who graduated from an approved educational
24institution on or before December 31, 2007.

25

SEC. 8.  

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

27

2532.7.  

(a) Upon approval of an application filed pursuant to
28Section 2532.1, and upon payment of the fee prescribed by Section
292534.2, the board may issue a required professional experience
30(RPE) temporary license for a period to be determined by the board
31to an applicant who is obtaining the required professional
32experience specified in subdivision (c) of Section 2532.2 or
33paragraph (2) of subdivision (b) of Section 2532.25.

34(b) Effective July 1, 2003, no person shall obtain the required
35professional experience for licensure in either an exempt or
36nonexempt setting, as defined in Section 2530.5, unless he or she
37is licensed in accordance with this section or is completing the
38final clinical externship of a board-approved audiology doctoral
39training program in accordance with paragraph (2) of subdivision
40(b) of Section 2532.25 in another state.

P16   1(c) A person who obtains an RPE temporary license outside the
2State of California shall not be required to hold a temporary license
3issued pursuant to subdivision (a) if the person is completing the
4final clinical externship of an audiology doctoral training program
5in accordance with paragraph (2) of subdivision (b) of Section
62532.25.

7(d) Any experience obtained in violation of this act shall not be
8approved by the board.

9(e) An RPE temporary license shall terminate upon notice
10thereof by certified mail, return receipt requested, if it is issued by
11mistake or if the application for permanent licensure is denied.

12(f) Upon written application, the board may reissue an RPE
13 temporary license for a period to be determined by the board to
14an applicant who is obtaining the required professional experience
15specified in subdivision (c) of Section 2532.2 or paragraph (2) of
16subdivision (b) of Section 2532.25.

17

SEC. 9.  

Section 2930.5 of the Business and Professions Code
18 is repealed.

19

SEC. 10.  

Section 2936 of the Business and Professions Code
20 is amended to read:

21

2936.  

The board shall adopt a program of consumer and
22professional education in matters relevant to the ethical practice
23of psychology. The board shall establish as its standards of ethical
24conduct relating to the practice of psychology, the “Ethical
25Principles of Psychologists and Code of Conduct” published by
26the American Psychological Association (APA). Those standards
27shall be applied by the board as the accepted standard of care in
28all licensing examination development and in all board enforcement
29policies and disciplinary case evaluations.

30To facilitate consumers in receiving appropriate psychological
31services, all licensees and registrants shall be required to post, in
32a conspicuous location in their principal psychological business
33office, a notice which reads as follows:
34


35“NOTICE TO CONSUMERS: The Department of Consumer
36Affair’s Board of Psychology receives and responds to questions
37and complaints regarding the practice of psychology. If you have
38questions or complaints, you may contact the board by email at
39bopmail@dca.ca.gov, on the Internet at www.psychology.ca.gov,
P17   1by calling 1-866-503-3221, or by writing to the following
2address:


3Board of Psychology

41625 North Market Boulevard, Suite -215

5Sacramento, California 95834”
6


7

SEC. 11.  

Section 2987.3 of the Business and Professions Code
8 is repealed.

9

SEC. 12.  

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

11

4021.5.  

“Correctional pharmacy” means a pharmacy, licensed
12by the board, located within a correctional facility for the purpose
13of providing pharmaceutical care to inmates of the correctional
14facility.

15

SEC. 13.  

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

17

4053.  

(a) Notwithstanding Section 4051, the board may issue
18a license as a designated representative to provide sufficient and
19qualified supervision in a wholesaler or veterinary food-animal
20drug retailer. The designated representative shall protect the public
21health and safety in the handling, storage, and shipment of
22dangerous drugs and dangerous devices in the wholesaler or
23veterinary food-animal drug retailer.

24(b) An individual who is at least 18 years of age may apply for
25a designated representative license. In order to obtain and maintain
26that license, the individual shall meet all of the following
27requirements:

28(1) He or she shall be a high school graduate or possess a general
29education development certificate equivalent.

30(2) He or she shall have a minimum of one year of paid work
31experience in a licensed pharmacy, or with a drug wholesaler, drug
32distributor, or drug manufacturer, in the past three years, related
33to the distribution or dispensing of dangerous drugs or dangerous
34devices or meet all of the prerequisites to take the examination
35required for licensure as a pharmacist by the board.

36(3) He or she shall complete a training program approved by
37the board that, at a minimum, addresses each of the following
38subjects:

P18   1(A) Knowledge and understanding of California law and federal
2law relating to the distribution of dangerous drugs and dangerous
3devices.

4(B) Knowledge and understanding of California law and federal
5law relating to the distribution of controlled substances.

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

7(D) Knowledge and understanding of the United States
8Pharmacopoeia standards relating to the safe storage and handling
9of drugs.

10(E) Knowledge and understanding of prescription terminology,
11abbreviations, dosages, and format.

12(4) The board may, by regulation, require training programs to
13include additional material.

14(5) The board may not issue a license as a designated
15representative until the applicant provides proof of completion of
16the required training to the board.

17(c) The veterinary food-animal drug retailer or wholesaler shall
18not operate without a pharmacist or a designated representative
19on its premises.

20(d) Only a pharmacist or a designated representative shall
21prepare and affix the label to veterinary food-animal drugs.

22(e) Section 4051 shall not apply to any laboratory licensed under
23Section 351 of Title III of the Public Health Service Act (Public
24Law 78-410).

25

SEC. 14.  

The heading of Chapter 13 (commencing with Section
264980) of Division 2 of the Business and Professions Code is
27amended to read:

28 

29Chapter  13. Licensed Marriage and Family Therapists
30

 

31

SEC. 15.  

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

33

4980.  

(a) (1) Many California families and many individual
34Californians are experiencing difficulty and distress, and are in
35need of wise, competent, caring, compassionate, and effective
36counseling in order to enable them to improve and maintain healthy
37family relationships.

38(2) Healthy individuals and healthy families and healthy
39relationships are inherently beneficial and crucial to a healthy
40society, and are our most precious and valuable natural resource.
P19   1Licensed marriage and family therapists provide a crucial support
2for the well-being of the people and the State of California.

3(b) No person may engage in the practice of marriage and family
4 therapy as defined by Section 4980.02, unless he or she holds a
5valid license as a marriage and family therapist, or unless he or
6she is specifically exempted from that requirement, nor may any
7person advertise himself or herself as performing the services of
8a marriage, family, child, domestic, or marital consultant, or in
9any way use these or any similar titles, including the letters
10“L.M.F.T.” “M.F.T.,” or “M.F.C.C.,” or other name, word initial,
11or symbol in connection with or following his or her name to imply
12that he or she performs these services without a license as provided
13by this chapter. Persons licensed under Article 4 (commencing
14with Section 4996) of Chapter 14 of Division 2, or under Chapter
156.6 (commencing with Section 2900) may engage in such practice
16or advertise that they practice marriage and family therapy but
17may not advertise that they hold the marriage and family therapist’s
18license.

19

SEC. 16.  

Section 4980.36 of the Business and Professions
20Code
is amended to read:

21

4980.36.  

(a) This section shall apply to the following:

22(1) Applicants for licensure or registration who begin graduate
23study before August 1, 2012, and do not complete that study on
24or before December 31, 2018.

25(2) Applicants for licensure or registration who begin graduate
26study before August 1, 2012, and who graduate from a degree
27program that meets the requirements of this section.

28(3) Applicants for licensure or registration who begin graduate
29study on or after August 1, 2012.

30(b) To qualify for a license or registration, applicants shall
31possess a doctoral or master’s degree meeting the requirements of
32this section in marriage, family, and child counseling, marriage
33and family therapy, couple and family therapy, psychology, clinical
34psychology, counseling psychology, or counseling with an
35emphasis in either marriage, family, and child counseling or
36marriage and family therapy, obtained from a school, college, or
37university approved by the Bureau for Private Postsecondary
38Education, or accredited by either the Commission on Accreditation
39for Marriage and Family Therapy Education, or a regional
40accrediting agency that is recognized by the United States
P20   1Department of Education. The board has the authority to make the
2final determination as to whether a degree meets all requirements,
3including, but not limited to, course requirements, regardless of
4accreditation or approval.

5(c) A doctoral or master’s degree program that qualifies for
6licensure or registration shall do the following:

7(1) Integrate all of the following throughout its curriculum:

8(A) Marriage and family therapy principles.

9(B) The principles of mental health recovery-oriented care and
10methods of service delivery in recovery-oriented practice
11environments, among others.

12(C) An understanding of various cultures and the social and
13psychological implications of socioeconomic position, and an
14understanding of how poverty and social stress impact an
15individual’s mental health and recovery.

16(2) Allow for innovation and individuality in the education of
17marriage and family therapists.

18(3) Encourage students to develop the personal qualities that
19are intimately related to effective practice, including, but not
20limited to, integrity, sensitivity, flexibility, insight, compassion,
21and personal presence.

22(4) Permit an emphasis or specialization that may address any
23one or more of the unique and complex array of human problems,
24symptoms, and needs of Californians served by marriage and
25family therapists.

26(5) Provide students with the opportunity to meet with various
27consumers and family members of consumers of mental health
28services to enhance understanding of their experience of mental
29illness, treatment, and recovery.

30(d) The degree described in subdivision (b) shall contain no less
31than 60 semester or 90 quarter units of instruction that includes,
32but is not limited to, the following requirements:

33(1) Both of the following:

34(A) No less than 12 semester or 18 quarter units of coursework
35in theories, principles, and methods of a variety of
36psychotherapeutic orientations directly related to marriage and
37family therapy and marital and family systems approaches to
38treatment and how these theories can be applied therapeutically
39with individuals, couples, families, adults, including elder adults,
P21   1children, adolescents, and groups to improve, restore, or maintain
2healthy relationships.

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

4(i) A minimum of six semester or nine quarter units of practicum
5in a supervised clinical placement that provides supervised
6fieldwork experience.

7(ii) A minimum of 150 hours of face-to-face experience
8counseling individuals, couples, families, or groups.

9(iii) A student must be enrolled in a practicum course while
10counseling clients, except as specified in subdivision (c) of Section
114980.42.

12(iv) The practicum shall provide training in all of the following
13areas:

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

15(II) Assessment, diagnosis, and prognosis.

16(III) Treatment of individuals and premarital, couple, family,
17and child relationships, including trauma and abuse, dysfunctions,
18healthy functioning, health promotion, illness prevention, and
19working with families.

20(IV) Professional writing, including documentation of services,
21treatment plans, and progress notes.

22(V) How to connect people with resources that deliver the
23quality of services and support needed in the community.

24(v) Educational institutions are encouraged to design the
25practicum required by this subparagraph to include marriage and
26family therapy experience in low income and multicultural mental
27health settings.

28(vi) In addition to the 150 hours required in clause (ii), 75 hours
29of either of the following, or a combination thereof:

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

31(II) Face-to-face experience counseling individuals, couples,
32families, or groups.

33(2) Instruction in all of the following:

34(A) Diagnosis, assessment, prognosis, and treatment of mental
35disorders, including severe mental disorders, evidence-based
36practices, psychological testing, psychopharmacology, and
37promising mental health practices that are evaluated in peer
38reviewed literature.

39(B) Developmental issues from infancy to old age, including
40instruction in all of the following areas:

P22   1(i) The effects of developmental issues on individuals, couples,
2and family relationships.

3(ii) The psychological, psychotherapeutic, and health
4implications of developmental issues and their effects.

5(iii) Aging and its biological, social, cognitive, and
6psychological aspects. This coursework shall include instruction
7on the assessment and reporting of, as well as treatment related
8to, elder and dependent adult abuse and neglect.

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

10(v) The understanding of human behavior within the social
11context of socioeconomic status and other contextual issues
12affecting social position.

13(vi) The understanding of human behavior within the social
14context of a representative variety of the cultures found within
15California.

16(vii) The understanding of the impact that personal and social
17insecurity, social stress, low educational levels, inadequate housing,
18and malnutrition have on human development.

19(C) The broad range of matters and life events that may arise
20within marriage and family relationships and within a variety of
21California cultures, including instruction in all of the following:

22(i) A minimum of seven contact hours of training or coursework
23in child abuse assessment and reporting as specified in Section 28,
24and any regulations promulgated thereunder.

25(ii) Spousal or partner abuse assessment, detection, intervention
26strategies, and same gender abuse dynamics.

27(iii) Cultural factors relevant to abuse of partners and family
28members.

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

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

31(vi) Long-term care.

32(vii) End of life and grief.

33(viii) Poverty and deprivation.

34(ix) Financial and social stress.

35(x) Effects of trauma.

36(xi) The psychological, psychotherapeutic, community, and
37health implications of the matters and life events described in
38clauses (i) to (x), inclusive.

P23   1(D) Cultural competency and sensitivity, including a familiarity
2with the racial, cultural, linguistic, and ethnic backgrounds of
3persons living in California.

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

8(F) The effects of socioeconomic status on treatment and
9available resources.

10(G) Resilience, including the personal and community qualities
11that enable persons to cope with adversity, trauma, tragedy, threats,
12or other stresses.

13(H) Human sexuality, including the study of physiological,
14psychological, and social cultural variables associated with sexual
15behavior and gender identity, and the assessment and treatment of
16psychosexual dysfunction.

17(I) Substance use disorders, co-occurring disorders, and
18addiction, including, but not limited to, instruction in all of the
19following:

20(i) The definition of substance use disorders, co-occurring
21disorders, and addiction. For purposes of this subparagraph,
22“co-occurring disorders” means a mental illness and substance
23abuse diagnosis occurring simultaneously in an individual.

24(ii) Medical aspects of substance use disorders and co-occurring
25disorders.

26(iii) The effects of psychoactive drug use.

27(iv) Current theories of the etiology of substance abuse and
28addiction.

29(v) The role of persons and systems that support or compound
30substance abuse and addiction.

31(vi) Major approaches to identification, evaluation, and treatment
32of substance use disorders, co-occurring disorders, and addiction,
33including, but not limited to, best practices.

34(vii) Legal aspects of substance abuse.

35(viii) Populations at risk with regard to substance use disorders
36and co-occurring disorders.

37(ix) Community resources offering screening, assessment,
38treatment, and followup for the affected person and family.

39(x) Recognition of substance use disorders, co-occurring
40disorders, and addiction, and appropriate referral.

P24   1(xi) The prevention of substance use disorders and addiction.

2(J) California law and professional ethics for marriage and
3family therapists, including instruction in all of the following areas
4of study:

5(i) Contemporary professional ethics and statutory, regulatory,
6and decisional laws that delineate the scope of practice of marriage
7and family therapy.

8(ii) The therapeutic, clinical, and practical considerations
9involved in the legal and ethical practice of marriage and family
10therapy, including, but not limited to, family law.

11(iii) The current legal patterns and trends in the mental health
12professions.

13(iv) The psychotherapist-patient privilege, confidentiality, the
14patient dangerous to self or others, and the treatment of minors
15with and without parental consent.

16(v) A recognition and exploration of the relationship between
17a practitioner’s sense of self and human values and his or her
18professional behavior and ethics.

19(vi) Differences in legal and ethical standards for different types
20of work settings.

21(vii) Licensing law and licensing process.

22(e) The degree described in subdivision (b) shall, in addition to
23meeting the requirements of subdivision (d), include instruction
24in case management, systems of care for the severely mentally ill,
25public and private services and supports available for the severely
26mentally ill, community resources for persons with mental illness
27and for victims of abuse, disaster and trauma response, advocacy
28for the severely mentally ill, and collaborative treatment. This
29instruction may be provided either in credit level coursework or
30through extension programs offered by the degree-granting
31institution.

32(f) The changes made to law by this section are intended to
33improve the educational qualifications for licensure in order to
34better prepare future licentiates for practice, and are not intended
35to expand or restrict the scope of practice for marriage and family
36therapists.

37

SEC. 17.  

Section 4980.37 of the Business and Professions
38Code
is amended to read:

39

4980.37.  

(a) This section shall apply to applicants for licensure
40or registration who begin graduate study before August 1, 2012,
P25   1and complete that study on or before December 31, 2018. Those
2applicants may alternatively qualify under paragraph (2) of
3subdivision (a) of Section 4980.36.

4(b) To qualify for a license or registration, applicants shall
5possess a doctor’s or master’s degree in marriage, family, and child
6counseling, marriage and family therapy, couple and family
7therapy, psychology, clinical psychology, counseling psychology,
8or counseling with an emphasis in either marriage, family, and
9child counseling or marriage and family therapy, obtained from a
10school, college, or university accredited by a regional accrediting
11agency that is recognized by the United States Department of
12Education or approved by the Bureau for Private Postsecondary
13Education. The board has the authority to make the final
14determination as to whether a degree meets all requirements,
15including, but not limited to, course requirements, regardless of
16accreditation or approval. In order to qualify for licensure pursuant
17to this section, a doctor’s or master’s degree program shall be a
18single, integrated program primarily designed to train marriage
19and family therapists and shall contain no less than 48 semester
20or 72 quarter units of instruction. This instruction shall include no
21less than 12 semester units or 18 quarter units of coursework in
22the areas of marriage, family, and child counseling, and marital
23and family systems approaches to treatment. The coursework shall
24include all of the following areas:

25(1) The salient theories of a variety of psychotherapeutic
26orientations directly related to marriage and family therapy, and
27 marital and family systems approaches to treatment.

28(2) Theories of marriage and family therapy and how they can
29be utilized in order to intervene therapeutically with couples,
30families, adults, children, and groups.

31(3) Developmental issues and life events from infancy to old
32age and their effect on individuals, couples, and family
33relationships. This may include coursework that focuses on specific
34family life events and the psychological, psychotherapeutic, and
35health implications that arise within couples and families,
36including, but not limited to, childbirth, child rearing, childhood,
37adolescence, adulthood, marriage, divorce, blended families,
38stepparenting, abuse and neglect of older and dependent adults,
39and geropsychology.

40(4) A variety of approaches to the treatment of children.

P26   1The board shall, by regulation, set forth the subjects of instruction
2required in this subdivision.

3(c) (1) In addition to the 12 semester or 18 quarter units of
4coursework specified in subdivision (b), the doctor’s or master’s
5degree program shall contain not less than six semester or nine
6quarter units of supervised practicum in applied psychotherapeutic
7technique, assessments, diagnosis, prognosis, and treatment of
8premarital, couple, family, and child relationships, including
9dysfunctions, healthy functioning, health promotion, and illness
10prevention, in a supervised clinical placement that provides
11supervised fieldwork experience within the scope of practice of a
12marriage and family therapist.

13(2) For applicants who enrolled in a degree program on or after
14January 1, 1995, the practicum shall include a minimum of 150
15hours of face-to-face experience counseling individuals, couples,
16families, or groups.

17(3) The practicum hours shall be considered as part of the 48
18semester or 72 quarter unit requirement.

19(d) As an alternative to meeting the qualifications specified in
20subdivision (b), the board shall accept as equivalent degrees those
21master’s or doctor’s degrees granted by educational institutions
22whose degree program is approved by the Commission on
23Accreditation for Marriage and Family Therapy Education.

24(e) In order to provide an integrated course of study and
25appropriate professional training, while allowing for innovation
26and individuality in the education of marriage and family therapists,
27a degree program that meets the educational qualifications for
28licensure or registration under this section shall do all of the
29 following:

30(1) Provide an integrated course of study that trains students
31generally in the diagnosis, assessment, prognosis, and treatment
32of mental disorders.

33(2) Prepare students to be familiar with the broad range of
34matters that may arise within marriage and family relationships.

35(3) Train students specifically in the application of marriage
36and family relationship counseling principles and methods.

37(4) Encourage students to develop those personal qualities that
38are intimately related to the counseling situation such as integrity,
39sensitivity, flexibility, insight, compassion, and personal presence.

P27   1(5) Teach students a variety of effective psychotherapeutic
2techniques and modalities that may be utilized to improve, restore,
3or maintain healthy individual, couple, and family relationships.

4(6) Permit an emphasis or specialization that may address any
5one or more of the unique and complex array of human problems,
6symptoms, and needs of Californians served by marriage and
7family therapists.

8(7) Prepare students to be familiar with cross-cultural mores
9and values, including a familiarity with the wide range of racial
10and ethnic backgrounds common among California’s population,
11including, but not limited to, Blacks, Hispanics, Asians, and Native
12Americans.

13(f) Educational institutions are encouraged to design the
14practicum required by this section to include marriage and family
15therapy experience in low income and multicultural mental health
16settings.

17(g) This section shall remain in effect only until January 1, 2019,
18and as of that date is repealed, unless a later enacted statute, that
19is enacted before January 1, 2019, deletes or extends that date.

20

SEC. 18.  

Section 4980.399 of the Business and Professions
21Code
is amended to read:

22

4980.399.  

(a) Except as provided in subdivision (a) of Section
234980.398, each applicant and registrant shall obtain a passing score
24on a board-administered California law and ethics examination in
25order to qualify for licensure.

26(b) A registrant shall participate in a board-administered
27California law and ethics examination prior to his or her registration
28renewal.

29(c) Notwithstanding subdivision (b), an applicant who holds a
30registration eligible for renewal, with an expiration date no later
31than June 30, 2016, and who applies for renewal of that registration
32between January 1, 2016, and June 30, 2016, shall, if eligible, be
33allowed to renew the registration without first participating in the
34California law and ethics examination. These applicants shall
35participate in the California law and ethics examination in the next
36renewal cycle, and shall pass the examination prior to licensure or
37issuance of a subsequent registration number, as specified in this
38section.

39(d) If an applicant fails the California law and ethics
40examination, he or she may retake the examination, upon payment
P28   1of the required fees, without further application except as provided
2in subdivision (e).

3(e) If a registrant fails to obtain a passing score on the California
4law and ethics examination described in subdivision (a) within his
5or her renewal period on or after the operative date of this section,
6he or she shall complete, at a minimum, a 12-hour course in
7California law and ethics in order to be eligible to participate in
8the California law and ethics examination. Registrants shall only
9take the 12-hour California law and ethics course once during a
10renewal period. The 12-hour law and ethics course required by
11this section shall be taken through a board-approved continuing
12education provider, a county, state or governmental entity, or a
13college or university.

14(f) The board shall not issue a subsequent registration number
15unless the registrant has passed the California law and ethics
16examination.

17(g) Notwithstanding subdivision (f), an applicant who holds or
18has held a registration, with an expiration date no later than January
191, 2017, and who applies for a subsequent registration number
20between January 1, 2016, and January 1, 2017, shall, if eligible,
21be allowed to obtain the subsequent registration number without
22first passing the California law and ethics examination. These
23applicants shall pass the California law and ethics examination
24during the next renewal period or prior to licensure, whichever
25occurs first.

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

27

SEC. 19.  

Section 4980.41 of the Business and Professions
28Code
is amended to read:

29

4980.41.  

(a) An applicant for licensure whose education
30qualifies him or her under Section 4980.37 shall complete the
31following coursework or training in order to be eligible to sit for
32the licensing examinations as specified in subdivision (d) of Section
334980.40:

34(1) A two semester or three quarter unit course in California
35law and professional ethics for marriage and family therapists,
36which shall include, but not be limited to, the following areas of
37study:

38(A) Contemporary professional ethics and statutory, regulatory,
39and decisional laws that delineate the profession’s scope of
40practice.

P29   1(B) The therapeutic, clinical, and practical considerations
2involved in the legal and ethical practice of marriage and family
3therapy, including family law.

4(C) The current legal patterns and trends in the mental health
5profession.

6(D) The psychotherapist-patient privilege, confidentiality, the
7patient dangerous to self or others, and the treatment of minors
8with and without parental consent.

9(E) A recognition and exploration of the relationship between
10a practitioner’s sense of self and human values and his or her
11professional behavior and ethics.

12This course may be considered as part of the 48 semester or 72
13quarter unit requirements contained in Section 4980.37.

14(2) A minimum of seven contact hours of training or coursework
15in child abuse assessment and reporting as specified in Section 28
16and any regulations promulgated thereunder.

17(3) A minimum of 10 contact hours of training or coursework
18in human sexuality as specified in Section 25, and any regulations
19promulgated thereunder. When coursework in a master’s or
20doctor’s degree program is acquired to satisfy this requirement, it
21shall be considered as part of the 48 semester or 72 quarter unit
22requirement contained in Section 4980.37.

23(4) For persons who began graduate study on or after January
241, 1986, a master’s or doctor’s degree qualifying for licensure shall
25include specific instruction in alcoholism and other chemical
26substance dependency as specified by regulation. When coursework
27in a master’s or doctor’s degree program is acquired to satisfy this
28requirement, it shall be considered as part of the 48 semester or
2972 quarter unit requirement contained in Section 4980.37.
30Coursework required under this paragraph may be satisfactory if
31taken either in fulfillment of other educational requirements for
32licensure or in a separate course. The applicant may satisfy this
33requirement by successfully completing this coursework from a
34master’s or doctoral degree program at an accredited or approved
35institution, as described in subdivision (b) of Section 4980.37, or
36from a board-accepted provider of continuing education, as
37described in Section 4980.54.

38(5) For persons who began graduate study during the period
39commencing on January 1, 1995, and ending on December 31,
402003, a master’s or doctor’s degree qualifying for licensure shall
P30   1include coursework in spousal or partner abuse assessment,
2detection, and intervention. For persons who began graduate study
3on or after January 1, 2004, a master’s or doctor’s degree qualifying
4for licensure shall include a minimum of 15 contact hours of
5coursework in spousal or partner abuse assessment, detection, and
6intervention strategies, including knowledge of community
7resources, cultural factors, and same gender abuse dynamics.
8Coursework required under this paragraph may be satisfactory if
9taken either in fulfillment of other educational requirements for
10licensure or in a separate course. The applicant may satisfy this
11requirement by successfully completing this coursework from a
12master’s or doctoral degree program at an accredited or approved
13institution, as described in subdivision (b) of Section 4980.37, or
14from a board-accepted provider of continuing education, as
15described in Section 4980.54.

16(6) For persons who began graduate study on or after January
171, 2001, an applicant shall complete a minimum of a two semester
18or three quarter unit survey course in psychological testing. When
19coursework in a master’s or doctor’s degree program is acquired
20to satisfy this requirement, it may be considered as part of the 48
21semester or 72 quarter unit requirement of Section 4980.37.

22(7) For persons who began graduate study on or after January
231, 2001, an applicant shall complete a minimum of a two semester
24or three quarter unit survey course in psychopharmacology. When
25coursework in a master’s or doctor’s degree program is acquired
26to satisfy this requirement, it may be considered as part of the 48
27semester or 72 quarter unit requirement of Section 4980.37.

28(8) The requirements added by paragraphs (6) and (7) are
29intended to improve the educational qualifications for licensure in
30order to better prepare future licentiates for practice and are not
31intended in any way to expand or restrict the scope of practice for
32licensed marriage and family therapists.

33(b) This section shall remain in effect only until January 1, 2019,
34and as of that date is repealed, unless a later enacted statute, that
35is enacted before January 1, 2019, deletes or extends that date.

36

SEC. 20.  

Section 4980.43 of the Business and Professions
37Code
is amended to read:

38

4980.43.  

(a) Prior to applying for licensure examinations, each
39applicant shall complete experience that shall comply with the
40following:

P31   1(1) A minimum of 3,000 hours completed during a period of at
2least 104 weeks.

3(2) Not more than 40 hours in any seven consecutive days.

4(3) Not less than 1,700 hours of supervised experience
5completed subsequent to the granting of the qualifying master’s
6or doctoral degree.

7(4) (A) Not more than 1,300 hours of supervised experience
8obtained prior to completing a master’s or doctoral degree.

9(B) The applicant shall not be credited with more than 750 hours
10of counseling and direct supervisor contact prior to completing
11the master’s or doctoral degree.

12(5) No hours of experience may be gained prior to completing
13either 12 semester units or 18 quarter units of graduate instruction
14and becoming a trainee except for personal psychotherapy.

15(6) No hours of experience may be gained more than six years
16prior to the date the application for examination eligibility was
17filed, except that up to 500 hours of clinical experience gained in
18the supervised practicum required by subdivision (c) of Section
194980.37 and subparagraph (B) of paragraph (1) of subdivision (d)
20of Section 4980.36 shall be exempt from this six-year requirement.

21(7) Not more than a combined total of 1,000 hours of experience
22in the following:

23(A) Direct supervisor contact.

24(B) Professional enrichment activities. For purposes of this
25chapter, “professional enrichment activities” include the following:

26(i) Workshops, seminars, training sessions, or conferences
27directly related to marriage and family therapy attended by the
28applicant that are approved by the applicant’s supervisor. An
29applicant shall have no more than 250 hours of verified attendance
30at these workshops, seminars, training sessions, or conferences.

31(ii) Participation by the applicant in personal psychotherapy,
32which includes group, marital or conjoint, family, or individual
33psychotherapy by an appropriately licensed professional. An
34applicant shall have no more than 100 hours of participation in
35personal psychotherapy. The applicant shall be credited with three
36hours of experience for each hour of personal psychotherapy.

37(8) Not more than 500 hours of experience providing group
38therapy or group counseling.

39(9) For all hours gained on or after January 1, 2012, not more
40than 500 hours of experience in the following:

P32   1(A) Experience administering and evaluating psychological
2tests, writing clinical reports, writing progress notes, or writing
3process notes.

4(B) Client centered advocacy.

5(10) Not less than 500 total hours of experience in diagnosing
6and treating couples, families, and children. For up to 150 hours
7of treating couples and families in conjoint therapy, the applicant
8shall be credited with two hours of experience for each hour of
9therapy provided.

10(11) Not more than 375 hours of experience providing personal
11psychotherapy, crisis counseling, or other counseling services via
12telehealth in accordance with Section 2290.5.

13(12) It is anticipated and encouraged that hours of experience
14will include working with elders and dependent adults who have
15physical or mental limitations that restrict their ability to carry out
16normal activities or protect their rights.

17This subdivision shall only apply to hours gained on and after
18January 1, 2010.

19(b) All applicants, trainees, and registrants shall be at all times
20under the supervision of a supervisor who shall be responsible for
21ensuring that the extent, kind, and quality of counseling performed
22is consistent with the training and experience of the person being
23supervised, and who shall be responsible to the board for
24compliance with all laws, rules, and regulations governing the
25practice of marriage and family therapy. Supervised experience
26shall be gained by interns and trainees only as an employee or as
27a volunteer. The requirements of this chapter regarding gaining
28hours of experience and supervision are applicable equally to
29employees and volunteers. Experience shall not be gained by
30interns or trainees as an independent contractor.

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

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

37(c) Except for experience gained pursuant to subparagraph (B)
38of paragraph (7) of subdivision (a), supervision shall include at
39least one hour of direct supervisor contact in each week for which
40experience is credited in each work setting, as specified:

P33   1(1) A trainee shall receive an average of at least one hour of
2direct supervisor contact for every five hours of client contact in
3each setting.

4(2) An individual supervised after being granted a qualifying
5degree shall receive at least one additional hour of direct supervisor
6contact for every week in which more than 10 hours of client
7contact is gained in each setting. No more than five hours of
8supervision, whether individual or group, shall be credited during
9any single week.

10(3) For purposes of this section, “one hour of direct supervisor
11contact” means one hour per week of face-to-face contact on an
12individual basis or two hours per week of face-to-face contact in
13a group.

14(4) Direct supervisor contact shall occur within the same week
15as the hours claimed.

16(5) Direct supervisor contact provided in a group shall be
17provided in a group of not more than eight supervisees and in
18segments lasting no less than one continuous hour.

19(6) Notwithstanding paragraph (3), an intern working in a
20governmental entity, a school, a college, or a university, or an
21institution that is both nonprofit and charitable may obtain the
22required weekly direct supervisor contact via two-way, real-time
23videoconferencing. The supervisor shall be responsible for ensuring
24that client confidentiality is upheld.

25(7) All experience gained by a trainee shall be monitored by the
26supervisor as specified by regulation.

27(d) (1) A trainee may be credited with supervised experience
28completed in any setting that meets all of the following:

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

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

35(C) Is not a private practice owned by a licensed marriage and
36family therapist, a licensed professional clinical counselor, a
37licensed psychologist, a licensed clinical social worker, a licensed
38physician and surgeon, or a professional corporation of any of
39those licensed professions.

P34   1(2) Experience may be gained by the trainee solely as part of
2the position for which the trainee volunteers or is employed.

3(e) (1) An intern may be credited with supervised experience
4completed in any setting that meets both of the following:

5(A) Lawfully and regularly provides mental health counseling
6or psychotherapy.

7(B) Provides oversight to ensure that the intern’s work at the
8setting meets the experience and supervision requirements set forth
9in this chapter and is within the scope of practice for the profession
10as defined in Section 4980.02.

11(2) An applicant shall not be employed or volunteer in a private
12practice, as defined in subparagraph (C) of paragraph (1) of
13subdivision (d), until registered as an intern.

14(3) While an intern may be either a paid employee or a
15volunteer, employers are encouraged to provide fair remuneration
16to interns.

17(4) Except for periods of time during a supervisor’s vacation or
18sick leave, an intern who is employed or volunteering in private
19practice shall be under the direct supervision of a licensee that has
20satisfied the requirements of subdivision (g) of Section 4980.03.
21The supervising licensee shall either be employed by and practice
22at the same site as the intern’s employer, or shall be an owner or
23shareholder of the private practice. Alternative supervision may
24be arranged during a supervisor’s vacation or sick leave if the
25supervision meets the requirements of this section.

26(5) Experience may be gained by the intern solely as part of the
27position for which the intern volunteers or is employed.

28(f) Except as provided in subdivision (g), all persons shall
29register with the board as an intern in order to be credited for
30postdegree hours of supervised experience gained toward licensure.

31(g) Except when employed in a private practice setting, all
32postdegree hours of experience shall be credited toward licensure
33so long as the applicant applies for the intern registration within
3490 days of the granting of the qualifying master’s or doctoral
35 degree and is thereafter granted the intern registration by the board.

36(h) Trainees, interns, and applicants shall not receive any
37remuneration from patients or clients, and shall only be paid by
38their employers.

39(i) Trainees, interns, and applicants shall only perform services
40at the place where their employers regularly conduct business,
P35   1which may include performing services at other locations, so long
2as the services are performed under the direction and control of
3their employer and supervisor, and in compliance with the laws
4and regulations pertaining to supervision. Trainees and interns
5shall have no proprietary interest in their employers’ businesses
6and shall not lease or rent space, pay for furnishings, equipment,
7or supplies, or in any other way pay for the obligations of their
8employers.

9(j) Trainees, interns, or applicants who provide volunteered
10services or other services, and who receive no more than a total,
11from all work settings, of five hundred dollars ($500) per month
12 as reimbursement for expenses actually incurred by those trainees,
13interns, or applicants for services rendered in any lawful work
14setting other than a private practice shall be considered an
15employee and not an independent contractor. The board may audit
16applicants who receive reimbursement for expenses, and the
17applicants shall have the burden of demonstrating that the payments
18received were for reimbursement of expenses actually incurred.

19(k) Each educational institution preparing applicants for
20licensure pursuant to this chapter shall consider requiring, and
21shall encourage, its students to undergo individual, marital or
22conjoint, family, or group counseling or psychotherapy, as
23appropriate. Each supervisor shall consider, advise, and encourage
24his or her interns and trainees regarding the advisability of
25undertaking individual, marital or conjoint, family, or group
26counseling or psychotherapy, as appropriate. Insofar as it is deemed
27 appropriate and is desired by the applicant, the educational
28institution and supervisors are encouraged to assist the applicant
29in locating that counseling or psychotherapy at a reasonable cost.

30

SEC. 21.  

Section 4980.55 of the Business and Professions
31Code
is amended to read:

32

4980.55.  

As a model for all therapeutic professions, and to
33acknowledge respect and regard for the consuming public, all
34licensed marriage and family therapists are encouraged to provide
35to each client, at an appropriate time and within the context of the
36psychotherapeutic relationship, an accurate and informative
37statement of the therapist’s experience, education, specialities,
38professional orientation, and any other information deemed
39appropriate by the licensee.

P36   1

SEC. 22.  

Section 4980.72 of the Business and Professions
2Code
is amended to read:

3

4980.72.  

(a) This section applies to persons who are licensed
4outside of California and apply for licensure on or after January
51, 2016.

6(b) The board may issue a license to a person who, at the time
7of submitting an application for a license pursuant to this chapter,
8holds a valid license in good standing issued by a board of marriage
9counselor examiners, board of marriage and family therapists, or
10corresponding authority, of any state or country, if all of the
11following conditions are satisfied:

12(1) The applicant’s education is substantially equivalent, as
13defined in Section 4980.78. The applicant’s degree title need not
14be identical to that required by Section 4980.36 or 4980.37.

15(2) The applicant complies with Section 4980.76, if applicable.

16(3) The applicant’s supervised experience is substantially
17equivalent to that required for a license under this chapter. The
18board shall consider hours of experience obtained outside of
19California during the six-year period immediately preceding the
20date the applicant initially obtained the license described above.

21(4) The applicant passes the California law and ethics
22examination.

23(5) The applicant passes a clinical examination designated by
24the board. An applicant who obtained his or her license or
25registration under another jurisdiction may apply for licensure with
26the board without taking the clinical examination if both of the
27following conditions are met:

28(A) The applicant obtained a passing score on the licensing
29examination set forth in regulation as accepted by the board.

30(B) The applicant’s license or registration in that jurisdiction is
31in good standing at the time of his or her application and is not
32revoked, suspended, surrendered, denied, or otherwise restricted
33or encumbered.

34begin insert

begin insertSEC. 22.5.end insert  

end insert

begin insertSection 4980.72 of the end insertbegin insertBusiness and Professions
35Code
end insert
begin insert is amended to read:end insert

36

4980.72.  

(a) This section applies to persons who are licensed
37outside of California and apply for licensure on or after January
381, 2016.

39(b) The board may issue a license to a person who, at the time
40of submitting an application for a license pursuant to this chapter,
P37   1holds a valid license in good standing issued by a board of marriage
2counselor examiners, board of marriage and family therapists, or
3corresponding authority, of any state or country, if all of the
4following conditions are satisfied:

5(1) The applicant’s education is substantially equivalent, as
6defined in Sectionbegin delete 4980.78end deletebegin insert 4980.79end insert. The applicant’s degree title
7need not be identical to that required by Section 4980.36 or
84980.37.

9(2) The applicant complies with Section 4980.76, if applicable.

10(3) The applicant’s supervised experience is substantially
11equivalent to that required for a license under this chapter. The
12board shall consider hours of experience obtained outside of
13California during the six-year period immediately preceding the
14date the applicant initially obtained the license described above.
15begin insert If the applicant has less than 3,000 hours of qualifying supervised
16experience, time actively licensed as a marriage and family
17therapist shall be accepted at a rate of 100 hours per month, up
18to a maximum of 1,200 hours, if the applicant’s degree meets the
19practicum requirement described in subparagraph (C) of
20paragraph (1) of subdivision (b) of Section 4980.79 without
21exemptions or remediation. end insert

22(4) The applicant passes the California law and ethics
23examination.

24(5) The applicant passes a clinical examination designated by
25the board. An applicant who obtained his or her license or
26registration under another jurisdiction may apply for licensure with
27the board without taking the clinical examination if both of the
28following conditions are met:

29(A) The applicant obtained a passing score on the licensing
30examination set forth in regulation as accepted by the board.

31(B) The applicant’s license or registration in that jurisdiction is
32in good standing at the time of his or her application andbegin delete hasend deletebegin insert isend insert
33 notbegin delete beenend delete revoked, suspended, surrendered, denied, or otherwise
34restricted orbegin delete encumbered as a result of any disciplinary proceeding
35brought by the licensing authority of that jurisdiction.end delete
begin insert encumbered.end insert

36

SEC. 23.  

Section 4980.78 of the Business and Professions
37Code
is amended to read:

38

4980.78.  

(a) This section applies to persons who apply for
39licensure or registration on or after January 1, 2016.

P38   1(b) For purposes of Sections 4980.72 and 4980.74, education
2is substantially equivalent if all of the following requirements are
3met:

4(1) The degree is obtained from a school, college, or university
5accredited by an accrediting agency that is recognized by the
6United States Department of Education and consists of, at a
7minimum, 48 semester or 72 quarter units, including, but not
8limited to, both of the following:

9(A) Six semester or nine quarter units of practicum, including,
10but not limited to, a minimum of 150 hours of face-to-face
11 counseling.

12(B) Twelve semester or 18 quarter units in the areas of marriage,
13family, and child counseling and marital and family systems
14approaches to treatment, as specified in subparagraph (A) of
15paragraph (1) of subdivision (d) of Section 4980.36.

16(2) The applicant completes any units and course content
17requirements under subdivision (d) of Section 4980.36 not already
18completed in his or her education.

19(3) The applicant completes credit level coursework from a
20degree-granting institution that provides all of the following:

21(A) Instruction regarding the principles of mental health
22recovery-oriented care and methods of service delivery in recovery
23 model practice environments.

24(B) An understanding of various California cultures and the
25social and psychological implications of socioeconomic position.

26(C) Structured meeting with various consumers and family
27members of consumers of mental health services to enhance
28understanding of their experience of mental illness, treatment, and
29recovery.

30(D) Instruction in addiction and co-occurring substance abuse
31and mental health disorders, as specified in subparagraph (I) of
32paragraph (2) of subdivision (d) of Section 4980.36.

33(4) The applicant completes an 18-hour course in California
34law and professional ethics. The content of the course shall include,
35but not be limited to, advertising, scope of practice, scope of
36competence, treatment of minors, confidentiality, dangerous
37patients, psychotherapist-patient privilege, recordkeeping, patient
38access to records, state and federal laws relating to confidentiality
39of patient health information, dual relationships, child abuse, elder
40and dependent adult abuse, online therapy, insurance
P39   1reimbursement, civil liability, disciplinary actions and
2unprofessional conduct, ethics complaints and ethical standards,
3termination of therapy, standards of care, relevant family law,
4therapist disclosures to patients, differences in legal and ethical
5standards in different types of work settings, and licensing law
6and licensing process.

7(5) The applicant’s degree title need not be identical to that
8required by subdivision (b) of Section 4980.36.

9begin insert

begin insertSEC. 23.5.end insert  

end insert

begin insertSection 4980.78 of the end insertbegin insertBusiness and Professions
10Code
end insert
begin insert is amended to read:end insert

11

4980.78.  

(a) This section applies to persons who apply for
12licensure or registration on or after January 1,begin delete 2016end deletebegin insert 2016, and who
13do not hold a license as described in Section 4980.72end insert
.

14(b) For purposes ofbegin delete Sections 4980.72 andend deletebegin insert Sectionend insert 4980.74,
15education is substantially equivalent if all of the following
16requirements are met:

17(1) The degree is obtained from a school, college, or university
18accredited by an accrediting agencybegin insert that isend insert recognized by the
19United States Department of Education and consists of, at a
20minimum,begin delete 48 semester or 72 quarter units, including, but not
21limited to, both ofend delete
the following:

begin insert

22(A) (i) For an applicant who obtained his or her degree within
23the timeline prescribed by subdivision (a) of Section 4980.36, the
24degree shall contain no less than 60 semester or 90 quarter units
25of instruction.

end insert
begin insert

26(ii) Up to 12 semester or 18 quarter units of instruction may be
27remediated, if missing from the degree. The remediation may occur
28while the applicant is registered as an intern.

end insert
begin insert

29(B) For an applicant who obtained his or her degree within the
30timeline prescribed by subdivision (a) of Section 4980.37, the
31degree shall contain no less than 48 semester units or 72 quarter
32units of instruction.

end insert
begin delete

33(A)

end delete

34begin insert(Cend insertbegin insert)end insert Six semester or nine quarter units of practicum, including,
35but not limited to, a minimum of 150 hours of face-to-face
36begin delete counselingend deletebegin insert counseling, and an additional 75 hours of either
37face-to-face counseling or client-centered advocacy, or a
38combination of face-to-face counseling and client-centered
39advocacyend insert
.

begin delete

40(B)

end delete

P40   1begin insert(D)end insert Twelve semester or 18 quarter units in the areas of marriage,
2family, and child counseling and marital and family systems
3approaches to treatment, as specified in subparagraph (A) of
4paragraph (1) of subdivision (d) of Section 4980.36.

5(2) The applicantbegin delete completes any units and course content
6requirements under subdivision (d) of Section 4980.36 not already
7completed in his or her education.end delete
begin insert shall complete coursework in
8California law and ethics as follows:end insert

begin delete

9(3) The applicant completes credit level coursework from a
10degree-granting institution that provides all of the following:

11(A) Instruction regarding the principles of mental health
12recovery-oriented care and methods of service delivery in recovery
13model practice environments.

14(B) An understanding of various California cultures and the
15social and psychological implications of socioeconomic position.

16(C) Structured meeting with various consumers and family
17members of consumers of mental health services to enhance
18understanding of their experience of mental illness, treatment, and
19recovery.

20(D) Instruction in addiction and co-occurring substance abuse
21and mental health disorders, as specified in subparagraph (I) of
22paragraph (2) of subdivision (d) of Section 4980.36.

23(4) The applicant completes

end delete

24begin insert(A)end insertbegin insertend insertbegin insertAn applicant who completed a course in law and
25professional ethics for marriage and family therapists as specified
26in paragraph (7) of subdivision (a) of Section 4980.81, that did
27not contain instruction in California law and ethics, shall completeend insert

28 an 18-hour course in California law and professional ethics. The
29content of the course shall include, but not be limited to,
30advertising, scope of practice, scope of competence, treatment of
31minors, confidentiality, dangerous patients, psychotherapist-patient
32privilege, recordkeeping, patient access to records, state and federal
33laws relating to confidentiality of patient health information, dual
34relationships, child abuse, elder and dependent adult abuse, online
35therapy, insurance reimbursement, civil liability, disciplinary
36actions and unprofessional conduct, ethics complaints and ethical
37 standards, termination of therapy, standards of care, relevant family
38law, therapist disclosures to patients, differences in legal and ethical
39standards in different types of work settings, and licensing law
P41   1and licensing process.begin insert end insertbegin insertThis coursework shall be completed prior
2to registration as an intern.end insert

begin insert

3(B) An applicant who has not completed a course in law and
4professional ethics for marriage and family therapists as specified
5in paragraph (7) of subdivision (a) of Section 4980.81 shall
6complete this required coursework. The coursework shall contain
7content specific to California law and ethics. This coursework
8shall be completed prior to registration as an intern.

end insert
begin insert

9(3) The applicant completes the educational requirements
10specified in Section 4980.81 not already completed in his or her
11education. The coursework may be from an accredited school,
12college, or university as specified in paragraph (1), from an
13educational institution approved by the Bureau for Private
14Postsecondary Education, or from a continuing education provider
15that is acceptable to the board as defined in Section 4980.54.
16Undergraduate courses shall not satisfy this requirement.

end insert
begin insert

17(4) The applicant completes the following coursework not
18already completed in his or her education from an accredited
19school, college, or university as specified in paragraph (1) from
20an educational institution approved by the Bureau for Private
21Postsecondary Education, or from a continuing education provider
22that is acceptable to the board as defined in Section 4980.54.
23Undergraduate courses shall not satisfy this requirement.

end insert
begin insert

24(A) At least three semester units, or 45 hours, of instruction
25regarding the principles of mental health recovery-oriented care
26and methods of service delivery in recovery-oriented practice
27environments, including structured meetings with various
28consumers and family members of consumers of mental health
29services to enhance understanding of their experience of mental
30illness, treatment, and recovery.

end insert
begin insert

31(B) At least one semester unit, or 15 hours, of instruction that
32includes an understanding of various California cultures and the
33social and psychological implications of socioeconomic position.

end insert
begin insert

34(5)  An applicant may complete any units and course content
35requirements required under paragraphs (3) and (4) not already
36completed in his or her education while registered as an intern,
37unless otherwise specified.

end insert
begin delete

38(5)

end delete

39begin insert(6)end insert The applicant’s degree title need not be identical to that
40required by subdivision (b) of Section 4980.36.

P42   1

SEC. 24.  

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

3

4987.5.  

A marriage and family therapy corporation is a
4corporation that is authorized to render professional services, as
5defined in Section 13401 of the Corporations Code, so long as that
6corporation and its shareholders, officers, directors, and employees
7rendering professional services who are licensed marriage and
8family therapists, physicians and surgeons, psychologists, licensed
9professional clinical counselors, licensed clinical social workers,
10registered nurses, chiropractors, or acupuncturists are in compliance
11with the Moscone-Knox Professional Corporation Act (Part 4
12(commencing with Section 13400) of Division 3 of Title 1 of the
13Corporations Code), this article, and any other statute or regulation
14pertaining to that corporation and the conduct of its affairs. With
15respect to a marriage and family therapy corporation, the
16governmental agency referred to in the Moscone-Knox Professional
17Corporation Act is the Board of Behavioral Sciences.

18

SEC. 25.  

Section 4989.16 of the Business and Professions
19Code
is amended to read:

20

4989.16.  

(a) A person appropriately credentialed by the
21Commission on Teacher Credentialing may perform the functions
22authorized by that credential in a public school without a license
23issued under this chapter by the board.

24(b) Nothing in this chapter shall be construed to constrict, limit,
25or withdraw the Medical Practice Act (Chapter 5 (commencing
26with Section 2000)), the Nursing Practice Act (Chapter 6
27(commencing with Section 2700)), the Psychology Licensing Law
28(Chapter 6.6 (commencing with Section 2900)), the Licensed
29Marriage and Family Therapist Practice Act (Chapter 13
30(commencing with Section 4980)), the Clinical Social Worker
31Practice Act (Chapter 14 (commencing with Section 4991)), or
32the Licensed Professional Clinical Counselor Act (Chapter 16
33(commencing with Section 4999.10)).

34

SEC. 26.  

Section 4989.22 of the Business and Professions
35Code
is amended to read:

36

4989.22.  

(a) Only persons who satisfy the requirements of
37Section 4989.20 are eligible to take the licensure examination.

38(b) An applicant who fails the written examination may, within
39one year from the notification date of failure, retake the
40examination as regularly scheduled without further application.
P43   1Thereafter, the applicant shall not be eligible for further
2examination until he or she files a new application, meets all
3current requirements, and pays all fees required.

4(c) Notwithstanding any other provision of law, the board may
5destroy all examination materials two years after the date of an
6examination.

7(d) The board shall not deny any applicant, whose application
8for licensure is complete, admission to the written examination,
9nor shall the board postpone or delay any applicant’s written
10examination or delay informing the candidate of the results of the
11written examination, solely upon the receipt by the board of a
12complaint alleging acts or conduct that would constitute grounds
13to deny licensure.

14(e) Notwithstanding Section 135, the board may deny any
15applicant who has previously failed the written examination
16permission to retake the examination pending completion of the
17investigation of any complaint against the applicant. Nothing in
18this section shall prohibit the board from denying an applicant
19admission to any examination, withholding the results, or refusing
20to issue a license to any applicant when an accusation or statement
21of issues has been filed against the applicant pursuant to Section
2211503 or 11504 of the Government Code, or the applicant has been
23denied in accordance with subdivision (b) of Section 485.

24

SEC. 27.  

Section 4992.09 of the Business and Professions
25Code
is amended to read:

26

4992.09.  

(a) Except as provided in subdivision (a) of Section
274992.07, an applicant and registrant shall obtain a passing score
28on a board-administered California law and ethics examination in
29order to qualify for licensure.

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

33(c) Notwithstanding subdivision (b), an applicant who holds a
34registration eligible for renewal, with an expiration date no later
35than June 30, 2016, and who applies for renewal of that registration
36between January 1, 2016, and June 30, 2016, shall, if eligible, be
37allowed to renew the registration without first participating in the
38California law and ethics examination. These applicants shall
39participate in the California law and ethics examination in the next
40renewal cycle, and shall pass the examination prior to licensure or
P44   1issuance of a subsequent registration number, as specified in this
2section.

3(d) If an applicant fails the California law and ethics
4examination, he or she may retake the examination, upon payment
5of the required fees, without further application except for as
6provided in subdivision (e).

7(e) If a registrant fails to obtain a passing score on the California
8law and ethics examination described in subdivision (a) within his
9or her renewal period on or after the operative date of this section,
10he or she shall complete, at a minimum, a 12-hour course in
11California law and ethics in order to be eligible to participate in
12the California law and ethics examination. Registrants shall only
13take the 12-hour California law and ethics course once during a
14renewal period. The 12-hour law and ethics course required by
15this section shall be taken through a board-approved continuing
16education provider, a county, state or governmental entity, or a
17college or university.

18(f) The board shall not issue a subsequent registration number
19unless the registrant has passed the California law and ethics
20examination.

21(g) Notwithstanding subdivision (f), an applicant who holds or
22has held a registration, with an expiration date no later than January
231, 2017, and who applies for a subsequent registration number
24between January 1, 2016, and January 1, 2017, shall, if eligible,
25be allowed to obtain the subsequent registration number without
26first passing the California law and ethics examination. These
27applicants shall pass the California law and ethics examination
28during the next renewal period or prior to licensure, whichever
29occurs first.

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

31

SEC. 28.  

Section 4996.17 of the Business and Professions
32Code
is amended to read:

33

4996.17.  

(a) (1) Experience gained outside of California shall
34be accepted toward the licensure requirements if it is substantially
35the equivalent of the requirements of this chapter.

36(2) Commencing January 1, 2014, an applicant with education
37gained outside of California shall complete an 18-hour course in
38California law and professional ethics. The content of the course
39shall include, but not be limited to, the following: advertising,
40scope of practice, scope of competence, treatment of minors,
P45   1confidentiality, dangerous patients, psychotherapist-patient
2privilege, recordkeeping, patient access to records, state and federal
3laws related to confidentiality of patient health information, dual
4relationships, child abuse, elder and dependent adult abuse, online
5therapy, insurance reimbursement, civil liability, disciplinary
6actions and unprofessional conduct, ethics complaints and ethical
7standards, termination of therapy, standards of care, relevant family
8law, therapist disclosures to patients, differences in legal and ethical
9standards in different types of work settings, and licensing law
10and process.

11(b) The board may issue a license to any person who, at the time
12of application, holds a valid active clinical social work license
13issued by a board of clinical social work examiners or
14corresponding authority of any state, if the person passes, or has
15passed, the licensing examinations as specified in Section 4996.1
16and pays the required fees. Issuance of the license is conditioned
17upon all of the following:

18(1) The applicant has supervised experience that is substantially
19the equivalent of that required by this chapter. If the applicant has
20less than 3,200 hours of qualifying supervised experience, time
21actively licensed as a clinical social worker shall be accepted at a
22rate of 100 hours per month up to a maximum of 1,200 hours.

23(2) Completion of the following coursework or training in or
24out of this state:

25(A) A minimum of seven contact hours of training or coursework
26in child abuse assessment and reporting as specified in Section 28,
27and any regulations promulgated thereunder.

28(B) A minimum of 10 contact hours of training or coursework
29in human sexuality as specified in Section 25, and any regulations
30promulgated thereunder.

31(C) A minimum of 15 contact hours of training or coursework
32in alcoholism and other chemical substance dependency, as
33specified by regulation.

34(D) A minimum of 15 contact hours of coursework or training
35in spousal or partner abuse assessment, detection, and intervention
36strategies.

37(3) Commencing January 1, 2014, completion of an 18-hour
38course in California law and professional ethics. The content of
39the course shall include, but not be limited to, the following:
40advertising, scope of practice, scope of competence, treatment of
P46   1minors, confidentiality, dangerous patients, psychotherapist-patient
2privilege, recordkeeping, patient access to records, state and federal
3laws related to confidentiality of patient health information, dual
4relationships, child abuse, elder and dependent adult abuse, online
5therapy, insurance reimbursement, civil liability, disciplinary
6actions and unprofessional conduct, ethics complaints and ethical
7standards, termination of therapy, standards of care, relevant family
8law, therapist disclosures to patients, differences in legal and ethical
9standards in different types of work settings, and licensing law
10and process.

11(4) The applicant’s license is not suspended, revoked, restricted,
12sanctioned, or voluntarily surrendered in any state.

13(5) The applicant is not currently under investigation in any
14other state, and has not been charged with an offense for any act
15substantially related to the practice of social work by any public
16agency, entered into any consent agreement or been subject to an
17administrative decision that contains conditions placed by an
18agency upon an applicant’s professional conduct or practice,
19including any voluntary surrender of license, or been the subject
20of an adverse judgment resulting from the practice of social work
21that the board determines constitutes evidence of a pattern of
22incompetence or negligence.

23(6) The applicant shall provide a certification from each state
24where he or she holds a license pertaining to licensure, disciplinary
25action, and complaints pending.

26(7) The applicant is not subject to denial of licensure under
27Section 480, 4992.3, 4992.35, or 4992.36.

28(c) The board may issue a license to any person who, at the time
29of application, holds a valid, active clinical social work license
30issued by a board of clinical social work examiners or a
31corresponding authority of any state, if the person has held that
32license for at least four years immediately preceding the date of
33application, the person passes, or has passed, the licensing
34examinations as specified in Section 4996.1, and the person pays
35the required fees. Issuance of the license is conditioned upon all
36of the following:

37(1) Completion of the following coursework or training in or
38out of state:

P47   1(A) A minimum of seven contact hours of training or coursework
2in child abuse assessment and reporting as specified in Section 28,
3and any regulations promulgated thereunder.

4(B) A minimum of 10 contact hours of training or coursework
5in human sexuality as specified in Section 25, and any regulations
6promulgated thereunder.

7(C) A minimum of 15 contact hours of training or coursework
8in alcoholism and other chemical substance dependency, as
9specified by regulation.

10(D) A minimum of 15 contact hours of coursework or training
11in spousal or partner abuse assessment, detection, and intervention
12strategies.

13(2) Commencing January 1, 2014, completion of an 18-hour
14course in California law and professional ethics. The content of
15the course shall include, but not be limited to, the following:
16advertising, scope of practice, scope of competence, treatment of
17minors, confidentiality, dangerous patients, psychotherapist-patient
18privilege, recordkeeping, patient access to records, state and federal
19laws related to confidentiality of patient health information, dual
20relationships, child abuse, elder and dependent adult abuse, online
21therapy, insurance reimbursement, civil liability, disciplinary
22actions and unprofessional conduct, ethics complaints and ethical
23standards, termination of therapy, standards of care, relevant family
24law, therapist disclosures to patients, differences in legal and ethical
25standards in different types of work settings, and licensing law
26and process.

27(3) The applicant has been licensed as a clinical social worker
28continuously for a minimum of four years prior to the date of
29application.

30(4) The applicant’s license is not suspended, revoked, restricted,
31sanctioned, or voluntarily surrendered in any state.

32(5) The applicant is not currently under investigation in any
33other state, and has not been charged with an offense for any act
34substantially related to the practice of social work by any public
35agency, entered into any consent agreement or been subject to an
36administrative decision that contains conditions placed by an
37agency upon an applicant’s professional conduct or practice,
38including any voluntary surrender of license, or been the subject
39of an adverse judgment resulting from the practice of social work
P48   1that the board determines constitutes evidence of a pattern of
2incompetence or negligence.

3(6) The applicant provides a certification from each state where
4he or she holds a license pertaining to licensure, disciplinary action,
5and complaints pending.

6(7) The applicant is not subject to denial of licensure under
7Section 480, 4992.3, 4992.35, or 4992.36.

8(d) Commencing January 1, 2016, an applicant who obtained
9his or her license or registration under another jurisdiction may
10apply for licensure with the board without taking the clinical
11examination specified in Section 4996.1 if the applicant obtained
12a passing score on the licensing examination set forth in regulation
13as accepted by the board.

14

SEC. 29.  

Section 4996.23 of the Business and Professions
15Code
is amended to read:

16

4996.23.  

The experience required by subdivision (c) of Section
174996.2 shall meet the following criteria:

18(a) All persons registered with the board on and after January
191, 2002, shall have at least 3,200 hours of post-master’s degree
20supervised experience providing clinical social work services as
21permitted by Section 4996.9. At least 1,700 hours shall be gained
22under the supervision of a licensed clinical social worker. The
23remaining required supervised experience may be gained under
24the supervision of a licensed mental health professional acceptable
25to the board as defined by a regulation adopted by the board. This
26experience shall consist of the following:

27(1) A minimum of 2,000 hours in clinical psychosocial
28diagnosis, assessment, and treatment, including psychotherapy or
29counseling.

30(2) A maximum of 1,200 hours in client-centered advocacy,
31consultation, evaluation, and research.

32(3) Of the 2,000 clinical hours required in paragraph (1), no less
33than 750 hours shall be face-to-face individual or group
34psychotherapy provided to clients in the context of clinical social
35work services.

36(4) A minimum of two years of supervised experience is required
37to be obtained over a period of not less than 104 weeks and shall
38have been gained within the six years immediately preceding the
39date on which the application for licensure was filed.

P49   1(5) Experience shall not be credited for more than 40 hours in
2any week.

3(b) “Supervision” means responsibility for, and control of, the
4quality of clinical social work services being provided.
5Consultation or peer discussion shall not be considered to be
6supervision.

7(c) (1) Prior to the commencement of supervision, a supervisor
8shall comply with all requirements enumerated in Section 1870 of
9Title 16 of the California Code of Regulations and shall sign under
10penalty of perjury the “Responsibility Statement for Supervisors
11of an Associate Clinical Social Worker” form.

12(2) Supervised experience shall include at least one hour of
13direct supervisor contact for a minimum of 104 weeks. For
14purposes of this subdivision, “one hour of direct supervisor contact”
15means one hour per week of face-to-face contact on an individual
16basis or two hours of face-to-face contact in a group conducted
17within the same week as the hours claimed.

18(3) An associate shall receive at least one additional hour of
19direct supervisor contact for every week in which more than 10
20hours of face-to-face psychotherapy is performed in each setting
21in which experience is gained. No more than five hours of
22supervision, whether individual or group, shall be credited during
23any single week.

24(4) Group supervision shall be provided in a group of not more
25than eight supervisees and shall be provided in segments lasting
26no less than one continuous hour.

27(5) Of the 104 weeks of required supervision, 52 weeks shall
28be individual supervision, and of the 52 weeks of required
29individual supervision, not less than 13 weeks shall be supervised
30by a licensed clinical social worker.

31(6) Notwithstanding paragraph (2), an associate clinical social
32worker working for a governmental entity, school, college, or
33university, or an institution that is both a nonprofit and charitable
34institution, may obtain the required weekly direct supervisor
35contact via live two-way videoconferencing. The supervisor shall
36be responsible for ensuring that client confidentiality is preserved.

37(d) The supervisor and the associate shall develop a supervisory
38plan that describes the goals and objectives of supervision. These
39goals shall include the ongoing assessment of strengths and
40limitations and the assurance of practice in accordance with the
P50   1laws and regulations. The associate shall submit to the board the
2initial original supervisory plan upon application for licensure.

3(e) Experience shall only be gained in a setting that meets both
4of the following:

5(1) Lawfully and regularly provides clinical social work, mental
6health counseling, or psychotherapy.

7(2) Provides oversight to ensure that the associate’s work at the
8setting meets the experience and supervision requirements set forth
9in this chapter and is within the scope of practice for the profession
10as defined in Section 4996.9.

11(f) Experience shall not be gained until the applicant has been
12registered as an associate clinical social worker.

13(g) Employment in a private practice as defined in subdivision
14(h) shall not commence until the applicant has been registered as
15an associate clinical social worker.

16(h) A private practice setting is a setting that is owned by a
17licensed clinical social worker, a licensed marriage and family
18 therapist, a licensed psychologist, a licensed professional clinical
19counselor, a licensed physician and surgeon, or a professional
20corporation of any of those licensed professions.

21(i) If volunteering, the associate shall provide the board with a
22letter from his or her employer verifying his or her voluntary status
23upon application for licensure.

24(j) If employed, the associate shall provide the board with copies
25of his or her W-2 tax forms for each year of experience claimed
26upon application for licensure.

27(k) While an associate may be either a paid employee or
28volunteer, employers are encouraged to provide fair remuneration
29to associates.

30(l) An associate shall not do the following:

31(1) Receive any remuneration from patients or clients and shall
32only be paid by his or her employer.

33(2) Have any proprietary interest in the employer’s business.

34(3) Lease or rent space, pay for furnishings, equipment, or
35supplies, or in any other way pay for the obligations of his or her
36employer.

37(m) An associate, whether employed or volunteering, may obtain
38supervision from a person not employed by the associate’s
39employer if that person has signed a written agreement with the
P51   1employer to take supervisory responsibility for the associate’s
2social work services.

3(n) Notwithstanding any other provision of law, associates and
4applicants for examination shall receive a minimum of one hour
5of supervision per week for each setting in which he or she is
6working.

7

SEC. 30.  

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

9

4998.  

A licensed clinical social worker corporation is a
10corporation that is authorized to render professional services, as
11defined in Section 13401 of the Corporations Code, so long as that
12corporation and its shareholders, officers, directors, and employees
13rendering professional services who are licensed clinical social
14workers, physicians and surgeons, psychologists, licensed
15professional clinical counselors, licensed marriage and family
16therapists, registered nurses, chiropractors, or acupuncturists are
17in compliance with the Moscone-Knox Professional Corporation
18Act (Part 4 (commencing with Section 13400) of Division 3 of
19Title 1 of the Corporations Code), this article, and all other statutes
20and regulations now or hereafter enacted or adopted pertaining to
21that corporation and the conduct of its affairs. With respect to a
22licensed clinical social worker corporation, the governmental
23agency referred to in the Moscone-Knox Professional Corporation
24Act is the Board of Behavioral Sciences.

25

SEC. 31.  

Section 4999.55 of the Business and Professions
26Code
is amended to read:

27

4999.55.  

(a) Each applicant and registrant shall obtain a
28passing score on a board-administered California law and ethics
29examination in order to qualify for licensure.

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

33(c) Notwithstanding subdivision (b), an applicant who holds a
34registration eligible for renewal, with an expiration date no later
35than June 30, 2016, and who applies for renewal of that registration
36between January 1, 2016, and June 30, 2016, shall, if eligible, be
37allowed to renew the registration without first participating in the
38California law and ethics examination. These applicants shall
39participate in the California law and ethics examination in the next
40renewal cycle, and shall pass the examination prior to licensure or
P52   1issuance of a subsequent registration number, as specified in this
2section.

3(d) If an applicant fails the California law and ethics
4examination, he or she may retake the examination, upon payment
5of the required fees, without further application, except as provided
6in subdivision (e).

7(e) If a registrant fails to obtain a passing score on the California
8law and ethics examination described in subdivision (a) within his
9or her renewal period on or after the operative date of this section,
10he or she shall complete, at minimum, a 12-hour course in
11California law and ethics in order to be eligible to participate in
12the California law and ethics examination. Registrants shall only
13take the 12-hour California law and ethics course once during a
14renewal period. The 12-hour law and ethics course required by
15this section shall be taken through a board-approved continuing
16education provider, a county, state, or governmental entity, or a
17college or university.

18(f) The board shall not issue a subsequent registration number
19unless the registrant has passed the California law and ethics
20examination.

21(g) Notwithstanding subdivision (f), an applicant who holds or
22has held a registration, with an expiration date no later than January
231, 2017, and who applies for a subsequent registration number
24between January 1, 2016, and January 1, 2017, shall, if eligible,
25be allowed to obtain the subsequent registration number without
26first passing the California law and ethics examination. These
27applicants shall pass the California law and ethics examination
28during the next renewal period or prior to licensure, whichever
29occurs first.

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

31

SEC. 32.  

Section 4999.58 of the Business and Professions
32Code
is amended to read:

33

4999.58.  

(a) This section applies to a person who applies for
34examination eligibility between January 1, 2011, and December
3531, 2015, inclusive, and who meets both of the following
36requirements:

37(1) At the time of application, holds a valid license as a
38professional clinical counselor, or other counseling license that
39allows the applicant to independently provide clinical mental health
40services, in another jurisdiction of the United States.

P53   1(2) Has held the license described in paragraph (1) for at least
2two years immediately preceding the date of application.

3(b) The board may issue a license to a person described in
4subdivision (a) if all of the following requirements are satisfied:

5(1) The education and supervised experience requirements of
6the other jurisdiction are substantially the equivalent of this chapter,
7as described in subdivision (e) and in Section 4999.46.

8(2) The person complies with subdivision (b) of Section 4999.40,
9if applicable.

10(3) The person successfully completes the examinations required
11by the board pursuant to paragraph (3) of subdivision (a) of Section
124999.50. An applicant who obtained his or her license or
13registration under another jurisdiction by taking a national
14examination that is required by the board may apply for licensure
15with the board without retaking that examination if both of the
16following conditions are met:

17(A) The applicant obtained a passing score on the national
18licensing examination that is required by the board.

19(B) The applicant’s license or registration in that jurisdiction is
20in good standing at the time of his or her application and is not
21revoked, suspended, surrendered, denied, or otherwise restricted
22or encumbered.

23(4) The person pays the required fees.

24(c) Experience gained outside of California shall be accepted
25toward the licensure requirements if it is substantially equivalent
26to that required by this chapter. The board shall consider hours of
27experience obtained in another state during the six-year period
28immediately preceding the applicant’s initial licensure by that state
29as a licensed professional clinical counselor.

30(d) Education gained while residing outside of California shall
31be accepted toward the licensure requirements if it is substantially
32equivalent to the education requirements of this chapter, and if the
33applicant has completed the training or coursework required under
34subdivision (e) of Section 4999.32, which includes, in addition to
35the course described in subparagraph (I) of paragraph (1) of
36subdivision (c) of Section 4999.32, an 18-hour course in California
37law and professional ethics for professional clinical counselors.

38(e) For purposes of this section, the board may, in its discretion,
39accept education as substantially equivalent if the applicant’s
40education meets the requirements of Section 4999.32. If the
P54   1applicant’s degree does not contain the content or the overall units
2required by Section 4999.32, the board may, in its discretion, accept
3the applicant’s education as substantially equivalent if the following
4criteria are satisfied:

5(1) The applicant’s degree contains the required number of
6practicum units under paragraph (3) of subdivision (c) of Section
74999.32.

8(2) The applicant remediates his or her specific deficiency by
9completing the course content and units required by Section
104999.32.

11(3) The applicant’s degree otherwise complies with this section.

12(f) This section shall become inoperative on January 1, 2016,
13and as of that date is repealed, unless a later enacted statute, which
14is enacted before January 1, 2016, deletes or extends that date.

15begin insert

begin insertSEC. 32.5.end insert  

end insert

begin insertSection 4999.58 of the end insertbegin insertBusiness and Professions
16Code
end insert
begin insert is amended to read:end insert

17

4999.58.  

(a) This section applies to a person who applies for
18examination eligibility between January 1, 2011, and December
1931, 2015, inclusive, and who meets both of the following
20requirements:

21(1) At the time of application, holds a valid license as a
22professional clinical counselor, or other counseling license that
23allows the applicant to independently provide clinical mental health
24services, in another jurisdiction of the United States.

25(2) Has held the license described in paragraph (1) for at least
26two years immediately preceding the date of application.

27(b) The board may issue a license to a person described in
28subdivision (a) if all of the following requirements are satisfied:

29(1) The education and supervised experience requirements of
30the other jurisdiction are substantially the equivalent of this chapter,
31as described in subdivision (e) and in Section 4999.46.

32(2) The person complies with subdivision (b) of Section 4999.40,
33if applicable.

34(3) The person successfully completes the examinations required
35by the board pursuant to paragraph (3) of subdivision (a) of Section
364999.50. An applicant who obtained his or her license or
37registration under another jurisdiction by taking a national
38examination that is required by the board may apply for licensure
39with the board without retaking that examination if both of the
40following conditions are met:

P55   1(A) The applicant obtained a passing score on the national
2licensing examination that is required by the board.

3(B) The applicant’s license or registration in that jurisdiction is
4in good standing at the time of his or her application andbegin delete hasend deletebegin insert isend insert
5 notbegin delete beenend delete revoked, suspended, surrendered, denied, or otherwise
6restricted orbegin delete encumbered as a result of any disciplinary proceeding
7brought by the licensing authority of that jurisdiction.end delete
begin insert encumbered.end insert

8(4) The person pays the required fees.

9(c) Experience gained outside of California shall be accepted
10toward the licensure requirements if it is substantially equivalent
11to that required by this chapter. The board shall consider hours of
12experience obtained in another state during the six-year period
13immediately preceding the applicant’s initial licensure by that state
14 as a licensed professional clinical counselor.begin insert If the applicant has
15less than 3,000 hours of qualifying supervised experience, time
16actively licensed as a licensed professional clinical counselor shall
17be accepted at a rate of 100 hours per month up to a maximum of
181,200 hours.end insert

19(d) begin insert(1)end insertbegin insertend insert Education gained while residing outside of California
20shall be accepted toward the licensure requirements if it is
21substantially equivalent to the education requirements of this
22chapter, and if the applicant has completed the training or
23coursework required under subdivision (e) of Section begin delete 4999.32,
24which includes, in addition to the course described in subparagraph
25(I) of paragraph (1) of subdivision (c) of Section 4999.32, an
2618-hour course in California law and professional ethics for
27professional clinical counselors.end delete
begin insert 4999.32.end insert

begin insert

28(2) An applicant who completed a course that meets the
29requirements of subparagraph (I) of paragraph (1) of subdivision
30(c) of Section 4999.32, and that included instruction in California
31law and ethics, is exempt from taking the 18-hour course specified
32in paragraph (6) of subdivision (e) of Section 4999.32.

end insert

33(e) For purposes of this section, the board may, in its discretion,
34accept education as substantially equivalent if the applicant’s
35education meets the requirements of Section 4999.32. If the
36 applicant’s degree does not contain the content or the overall units
37required by Section 4999.32, the board may, in its discretion, accept
38the applicant’s education as substantially equivalent if the following
39criteria are satisfied:

P56   1(1) The applicant’s degree contains the required number of
2practicum units under paragraph (3) of subdivision (c) of Section
34999.32.

4(2) The applicant remediates his or her specific deficiency by
5completing the course content and units required by Section
64999.32.

7(3) The applicant’s degree otherwise complies with this section.

8(f) This section shall become inoperative on January 1, 2016,
9and as of that date is repealed, unless a later enacted statute, which
10is enacted before January 1, 2016, deletes or extends that date.

11

SEC. 33.  

Section 4999.59 of the Business and Professions
12Code
is amended to read:

13

4999.59.  

(a) This section applies to a person who applies for
14examination eligibility or registration between January 1, 2011,
15and December 31, 2015, inclusive, who meets both of the following
16requirements:

17(1) At the time of application, holds a valid license described
18in paragraph (1) of subdivision (a) of Section 4999.58.

19(2) Has held the license described in paragraph (1) for less than
20two years immediately preceding the date of application.

21(b) Experience gained outside of California shall be accepted
22toward the licensure requirements if it is substantially equivalent
23to that required by this chapter, if the applicant complies with
24Section 4999.40, if applicable, and if the applicant has gained a
25minimum of 250 hours of supervised experience in direct
26counseling within California while registered as an intern with the
27board. The board shall consider hours of experience obtained in
28another state during the six-year period immediately preceding the
29applicant’s initial licensure in that state as a professional clinical
30counselor.

31(c) Education gained while residing outside of California shall
32be accepted toward the licensure requirements if it is substantially
33equivalent to the education requirements of this chapter, and if the
34applicant has completed the training or coursework required under
35subdivision (e) of Section 4999.32, which includes, in addition to
36the course described in subparagraph (I) of paragraph (1) of
37subdivision (c) of Section 4999.32, an 18-hour course in California
38law and professional ethics for professional clinical counselors.

39(d) For purposes of this section, the board may, in its discretion,
40accept education as substantially equivalent if the applicant’s
P57   1education meets the requirements of Section 4999.32. If the
2applicant’s degree does not contain the content or the overall units
3required by Section 4999.32, the board may, in its discretion, accept
4the applicant’s education as substantially equivalent if the following
5criteria are satisfied:

6(1) The applicant’s degree contains the required number of
7practicum units under paragraph (3) of subdivision (c) of Section
84999.32.

9(2) The applicant remediates his or her specific deficiency by
10completing the course content and units required by Section
114999.32.

12(3) The applicant’s degree otherwise complies with this section.

13(e) An applicant who obtained his or her license or registration
14under another jurisdiction by taking a national examination that
15is required by the board may apply for licensure with the board
16without retaking that examination if both of the following
17conditions are met:

18(1) The applicant obtained a passing score on the national
19licensing examination that is required by the board.

20(2) The applicant’s license or registration in that jurisdiction is
21in good standing at the time of his or her application and is not
22revoked, suspended, surrendered, denied, or otherwise restricted
23or encumbered.

24(f) This section shall become inoperative on January 1, 2016,
25and as of that date is repealed, unless a later enacted statute, which
26is enacted before January 1, 2016, deletes or extends that date.

27begin insert

begin insertSEC. 33.5.end insert  

end insert

begin insertSection 4999.59 of the end insertbegin insertBusiness and Professions
28Code
end insert
begin insert is amended to read:end insert

29

4999.59.  

(a) This section applies to a person who applies for
30examination eligibility or registration between January 1, 2011,
31and December 31, 2015, inclusive, who meets both of the following
32requirements:

33(1) At the time of application, holds a valid license described
34in paragraph (1) of subdivision (a) of Section 4999.58.

35(2) Has held the license described in paragraph (1) for less than
36two years immediately preceding the date of application.

37(b) Experience gained outside of California shall be accepted
38toward the licensure requirements if it is substantially equivalent
39to that required by this chapter, if the applicant complies with
40 Section 4999.40, if applicable, and if the applicant has gained a
P58   1minimum of 250 hours of supervised experience in direct
2counseling within California while registered as an intern with the
3board. The board shall consider hours of experience obtained in
4another state during the six-year period immediately preceding the
5applicant’s initial licensure in that state as a professional clinical
6counselor.begin insert end insertbegin insertIf the applicant has less than 3,000 hours of qualifying
7supervised experience, time actively licensed as a licensed
8professional clinical counselor shall be accepted at a rate of 100
9hours per month up to a maximum of 1,200 hours.end insert

10(c) begin insert(1)end insertbegin insertend insert Education gained while residing outside of California
11shall be accepted toward the licensure requirements if it is
12substantially equivalent to the education requirements of this
13chapter, and if the applicant has completed the training or
14coursework required under subdivision (e) of Sectionbegin delete 4999.32,
15which includes, in addition to the course described in subparagraph
16(I) of paragraph (1) of subdivision (c) of Section 4999.32, an
1718-hour course in California law and professional ethics for
18professional clinical counselors.end delete
begin insert 4999.32.end insert

begin insert

19(2) An applicant who completed a course that meets the
20requirements of subparagraph (I) of paragraph (1) of subdivision
21(c) of Section 4999.32, and that included instruction in California
22law and ethics, is exempt from taking the 18-hour course specified
23in paragraph (6) of subdivision (e) of Section 4999.32.

end insert

24(d) For purposes of this section, the board may, in its discretion,
25accept education as substantially equivalent if the applicant’s
26education meets the requirements of Section 4999.32. If the
27applicant’s degree does not contain the content or the overall units
28required by Section 4999.32, the board may, in its discretion, accept
29the applicant’s education as substantially equivalent if the following
30criteria are satisfied:

31(1) The applicant’s degree contains the required number of
32practicum units under paragraph (3) of subdivision (c) of Section
334999.32.

34(2) The applicant remediates his or her specific deficiency by
35completing the course content and units required by Section
364999.32.

37(3) The applicant’s degree otherwise complies with this section.

38(e) An applicant who obtained his or her license or registration
39under another jurisdiction by taking a national examination that
40is required by the board may apply for licensure with the board
P59   1without retaking that examination if both of the following
2conditions are met:

3(1) The applicant obtained a passing score on the national
4licensing examination that is required by the board.

5(2) The applicant’s license or registration in that jurisdiction is
6in good standing at the time of his or her application andbegin delete hasend deletebegin insert isend insert
7 notbegin delete beenend delete revoked, suspended, surrendered, denied, or otherwise
8restricted orbegin delete encumbered as a result of any disciplinary proceeding
9brought by the licensing authority of that jurisdiction.end delete
begin insert encumbered.end insert

10(f) This section shall become inoperative on January 1, 2016,
11and as of that date is repealed, unless a later enacted statute, which
12is enacted before January 1, 2016, deletes or extends that date.

13

SEC. 34.  

Section 4999.60 of the Business and Professions
14Code
is amended to read:

15

4999.60.  

(a) This section applies to persons who are licensed
16outside of California and apply for examination eligibility on or
17after January 1, 2016.

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

24(1) The applicant’s education is substantially equivalent, as
25defined in Sectionbegin delete 4999.62end deletebegin insert 4999.63end insert.

26(2) The applicant complies with subdivision (b) of Section
274999.40, if applicable.

28(3) The applicant’s supervised experience is substantially
29equivalent to that required for a license under this chapter. The
30board shall consider hours of experience obtained outside of
31California during the six-year period immediately preceding the
32date the applicant initially obtained the license described above.

33(4) The applicant passes the examinations required to obtain a
34license under this chapter. An applicant who obtained his or her
35license or registration under another jurisdiction may apply for
36licensure with the board without taking the clinical examination
37if both of the following conditions are met:

38(A) The applicant obtained a passing score on the licensing
39examination set forth in regulation as accepted by the board.

P60   1(B) The applicant’s license or registration in that jurisdiction is
2in good standing at the time of his or her application and is not
3revoked, suspended, surrendered, denied, or otherwise restricted
4or encumbered.

5begin insert

begin insertSEC. 34.5.end insert  

end insert

begin insertSection 4999.60 of the end insertbegin insertBusiness and Professions
6Code
end insert
begin insert is amended to read:end insert

7

4999.60.  

(a) This section applies to persons who are licensed
8outside of California and apply for examination eligibility on or
9after January 1, 2016.

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

16(1) The applicant’s education is substantially equivalent, as
17defined in Sectionbegin delete 4999.62end deletebegin insert 4999.63end insert.

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

20(3) The applicant’s supervised experience is substantially
21equivalent to that required for a license under this chapter. The
22board shall consider hours of experience obtained outside of
23California during the six-year period immediately preceding the
24date the applicant initially obtained the license described above.begin insert end insert
25begin insert If the applicant has less than 3,000 hours of qualifying supervised
26experience, time actively licensed as a professional clinical
27counselor shall be accepted at a rate of 100 hours per month up
28to a maximum of 1,200 hours if the applicant’s degree meets the
29practicum requirement described in subparagraph (C) of
30paragraph (1) of subdivision (b) of Section 4999.63 without
31exemptions or remediation.end insert

32(4) The applicant passes the examinations required to obtain a
33license under this chapter. An applicant who obtained his or her
34license or registration under another jurisdiction may apply for
35licensure with the board without taking the clinical examination
36if both of the following conditions are met:

37(A) The applicant obtained a passing score on the licensing
38examination set forth in regulation as accepted by the board.

39(B) The applicant’s license or registration in that jurisdiction is
40in good standing at the time of his or her application andbegin delete hasend deletebegin insert isend insert
P61   1 notbegin delete beenend delete revoked, suspended, surrendered, denied, or otherwise
2restricted or begin delete encumbered as a result of any disciplinary proceeding
3brought by the licensing authority of that jurisdiction.end delete
begin insert encumbered.end insert

4

SEC. 35.  

Section 4999.123 of the Business and Professions
5Code
is amended to read:

6

4999.123.  

A professional clinical counselor corporation is a
7corporation that is authorized to render professional services, as
8defined in Section 13401 of the Corporations Code, so long as that
9corporation and its shareholders, officers, directors, and employees
10who are rendering professional services and who are licensed
11professional clinical counselors, licensed marriage and family
12therapists, physicians and surgeons, psychologists, licensed clinical
13social workers, registered nurses, chiropractors, or acupuncturists,
14are in compliance with the Moscone-Knox Professional
15Corporation Act (Part 4 (commencing with Section 13400) of
16Division 3 of Title 1 of the Corporations Code), this article, and
17any other statute or regulation pertaining to that corporation and
18the conduct of its affairs. With respect to a professional clinical
19counselor corporation, the term “governmental agency” in the
20Moscone-Knox Professional Corporation Act (Part 4 (commencing
21with Section 13400) of Division 3 of Title 1 of the Corporations
22Code) shall be construed to mean the Board of Behavioral Sciences.

23

SEC. 36.  

Section 14132.55 of the Welfare and Institutions
24Code
is amended to read:

25

14132.55.  

For the purposes of reimbursement under the
26Medi-Cal program, a speech pathologist or audiologist shall be
27licensed by the Speech-Language Pathology and Audiology
28Examining Committee of the Medical Board of California or
29similarly licensed by a comparable agency in the state in which
30he or she practices. Licensed speech-language pathologists or
31licensed audiologists are authorized to utilize and shall be
32reimbursed for the services of those personnel in the process of
33completing requirements under the provisions of subdivision (c)
34of Section 2532.2 of the Business and Professions Code.

35begin insert

begin insertSEC. 37.end insert  

end insert
begin insert

Section 22.5 of this bill incorporates amendments to
36Section 4980.72 of the Business and Professions Code proposed
37by both this bill and Assembly Bill 2213. It shall only become
38operative if (1) both bills are enacted and become effective on or
39before January 1, 2015, (2) each bill amends Section 4980.72 of
40the Business and Professions Code, and (3) this bill is enacted
P62   1after Assembly Bill 2213, in which case Section 22 of this bill shall
2not become operative.

end insert
3begin insert

begin insertSEC. 38.end insert  

end insert
begin insert

Section 23.5 of this bill incorporates amendments to
4Section 4980.78 of the Business and Professions Code proposed
5by both this bill and Assembly Bill 2213. It shall only become
6operative if (1) both bills are enacted and become effective on or
7before January 1, 2015, (2) each bill amends Section 4980.78 of
8the Business and Professions Code, and (3) this bill is enacted
9after Assembly Bill 2213, in which case Section 23 of this bill shall
10not become operative.

end insert
11begin insert

begin insertSEC. 39.end insert  

end insert
begin insert

Section 32.5 of this bill incorporates amendments to
12Section 4999.58 of the Business and Professions Code proposed
13by both this bill and Assembly Bill 2213. It shall only become
14operative if (1) both bills are enacted and become effective on or
15before January 1, 2015, (2) each bill amends Section 4999.58 of
16the Business and Professions Code, and (3) this bill is enacted
17after Assembly Bill 2213, in which case Section 32 of this bill shall
18not become operative.

end insert
19begin insert

begin insertSEC. 40.end insert  

end insert
begin insert

Section 33.5 of this bill incorporates amendments to
20Section 4999.59 of the Business and Professions Code proposed
21by both this bill and Assembly Bill 2213. It shall only become
22operative if (1) both bills are enacted and become effective on or
23before January 1, 2015, (2) each bill amends Section 4999.59 of
24the Business and Professions Code, and (3) this bill is enacted
25after Assembly Bill 2213, in which case Section 33 of this bill shall
26not become operative.

end insert
27begin insert

begin insertSEC. 41.end insert  

end insert
begin insert

Section 34.5 of this bill incorporates amendments to
28Section 4999.60 of the Business and Professions Code proposed
29by both this bill and Assembly Bill 2213. It shall only become
30operative if (1) both bills are enacted and become effective on or
31before January 1, 2015, (2) each bill amends Section 4999.60 of
32the Business and Professions Code, and (3) this bill is enacted
33after Assembly Bill 2213, in which case Section 34 of this bill shall
34not become operative.

end insert
35

begin deleteSEC. 37.end delete
36begin insertSEC. 42.end insert  

No reimbursement is required by this act pursuant to
37Section 6 of Article XIII B of the California Constitution because
38the only costs that may be incurred by a local agency or school
39district will be incurred because this act creates a new crime or
40infraction, eliminates a crime or infraction, or changes the penalty
P63   1for a crime or infraction, within the meaning of Section 17556 of
2the Government Code, or changes the definition of a crime within
3the meaning of Section 6 of Article XIII B of the California
4Constitution.



O

    95