Amended in Senate April 20, 2015

Senate BillNo. 800


Introduced by Committee on Business, Professions and Economic Development (Senators Hill (Chair), Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, and Wieckowski)

March 18, 2015


An act to amend Sections 28, 146, 500, 650.2, 800, 1603a, 1618.5, 1640.1, 1648.10, 1650, 1695, 1695.1, 1905.1, 1944, 2054,begin insert 2221, end insert 2401, 2428,begin insert 2519, 2520, end insert 2529,begin insert 2546.7, 2546.9, 2559.3, 2563, 2565, 2566, 2566.1,end insert 2650, 2770, 2770.1, 2770.2, 2770.7, 2770.8, 2770.10, 2770.11, 2770.12, 2770.13, 2835.5, 2914, 3057, 3509.5,begin insert 3576, 3577,end insert 4836.2,begin insert 4887,end insert 4938, 4939, 4980.399, 4980.43, 4980.54, 4984.01, 4989.34, 4992.09, 4996.2, 4996.22, 4996.28,begin insert 4999.1, 4999.2, 4999.3, 4999.4, 4999.5, 4999.7,end insert 4999.45, 4999.46, 4999.55, 4999.76, and 4999.100 of, to amend the heading of Article 3.1 (commencing with Section 2770) of Chapter 6 of Division 2 of,begin insert to add Sections 2519.5, 2546.11, 2555.5, 2559.7, 2563.5, and 3576.5 to,end insert and to repeal Section 1917.2 of, the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

SB 800, as amended, Committee on Business, Professions and Economic Development. Healing arts.

Under existing law, the Department of Consumer Affairs is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations, including those relating to the healing arts:

(1) Existing law requires persons applying for initial licensure or renewal of a license as a psychologist, clinical social worker, professional clinical counselor, or marriage and family therapist to have completed prescribed coursework or training in child abuse assessment and reporting. Existing law requires the training to have been obtained from an accredited or approved educational institution, a continuing education provider approved by the responsible board, or a course sponsored or offered by a professional association or a local, county, or state department of health or mental health for continuing education and approved by the responsible board.

This bill would require the responsible board to specify a continuing education provider for child abuse assessment and reporting coursework by regulation, and would permit the responsible board to approve or accept a sponsored or offered course.

(2) Existing law relating to unlicensed activity enforcement lists specified provisions that require registration, licensure, certification, or other authorization in order to engage in certain businesses or professions regulated by the departmentbegin delete andend deletebegin insert and, notwithstanding any other law,end insert makes a violation of a listed provisionbegin insert punishable asend insert an infractionbegin delete punishable as prescribed.end deletebegin insert under specified circumstances.end insert

This bill would include in those listed provisions an existing requirement for the registration of individuals as certified polysomnographic technologists, polysomnographic technicians, and polysomnographic trainees.begin delete By creating a new infraction, this bill would impose a state-mandated local program.end delete

begin insert

The bill would also include in those listed provisions a provision of the Educational Psychologist Practice Act that makes it unlawful for any person to practice educational psychology or use any title or letters that imply that he or she is a licensed educational psychologist unless, at the time of so doing, he or she holds a valid, unexpired, and unrevoked license under that act, the violation of which is a misdemeanor. The bill would further include in those listed provisions existing requirements of the Licensed Professional Clinical Counselor Act that a person not practice or advertise the performance of professional clinical counseling services without a license issued by the board, and pay the license fee, as required by that act, the violation of which is a misdemeanor.

end insert
begin insert

By creating new infractions, this bill would impose a state-mandated local program.

end insert

(3) The Dental Practice Act provides for the licensure and regulation of dentists by the Dental Board of California. For purposes of the act, any reference to the Board of Dental Examiners is deemed a reference to the Dental Board of California.

This bill would delete certain existing references to the Board of Dental Examiners and, instead, refer to the Dental Board of California.

(4) Existing law provides for the regulation of dental hygienists by the Dental Hygiene Committee of California, within the jurisdiction of the Dental Board of California. Existing law authorizes the committee, until January 1, 2010, to contract with the dental board to carry out any of specified provisions relating to the regulation of dental hygienists, and, on and after January 1, 2010, to contract with the dental board to perform investigations of applicants and licensees under those provisions. Existing law requires the committee to establish fees that relate to the licensing of a registered dental hygienist, subject to specified limitations, including fees for curriculum review and site evaluation for accreditation of educational programs.

This bill would require the Dental Hygiene Committee of California to create and maintain a central file of the names of licensees, to provide an individual historical record with information on acts of licensee misconduct and discipline. The bill would remove the limiting dates from the contracting provisions, thereby authorizing the committee to contract with the dental board to carry out any of specified provisions relating to the regulation of dental hygienists, including performing investigations of applicants and licensees. This bill, with regard to fees for accreditation of educational programs, would add a maximum fee for feasibility study review.

(5) The Medical Practice Act provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. Under existing law, the board issues a physician and surgeon’s certificate to a licensed physician andbegin delete surgeon.end deletebegin insert surgeon, and authorizes the board to deny a certificate to an applicant guilty of unprofessional conduct or of any cause that would subject a licensee to revocation or suspension of his or her license.end insert The act prohibits a person who fails to renew his or her license within 5 years after its expiration from renewing it, and prohibits the license from being reissued, reinstated, or restored thereafter, although the act authorizes a person to apply for and obtain a new license under specified circumstances.

This bill wouldbegin insert additionally authorize the board to deny a postgraduate training authorization letter to an applicant guilty of unprofessional conduct or of any cause that would subject a licensee to revocation or suspension of his or her license. The bill wouldend insert recast thatbegin insert renewalend insert provision to prohibit renewal by a person who voluntarily cancels his or her license or who fails to renew it as described, and would authorize that person to apply for and obtain a license under those specified circumstances, without regard to reissuance, reinstatement, or restoration.

(6) Existing law relating to research psychoanalysts authorizes certain students and graduates in psychoanalysis to engage in psychoanalysis under prescribed circumstances if they register with the Medical Board of California and present evidence of their student or graduate status. Existing law authorizes that board to suspend or revoke the exemption of those persons from licensure for unprofessional conduct for, among other things, repeated acts of clearly excessive prescribing, furnishing, dispensing, or administering of drugs or treatment, use of diagnostic procedures, or use of diagnostic or treatment facilities.

This bill would substitute, for those described bases for suspension or revocation of the exemption, the commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer.

(7) The Physical Therapy Practice Act provides for the licensure, approval, and regulation of physical therapists and physical therapist assistants by the Physical Therapy Board of California. The act establishes education requirements for a physical therapist assistant, including subject matter instruction through a combination of didactic and clinical experiences, and requires the clinical experience to include at least 18 weeks of full-time experience with a variety of patients.

This bill would delete that 18-week full-time experience requirement for physical therapist assistant education.

(8) The Nursing Practice Act provides for the licensure and regulation of nurse practitioners by the Board of Registered Nursing. The act, on and after January 1, 2008, requires an applicant for initial qualification or certification as a nurse practitioner under the act who has not been qualified or certified as a nurse practitioner to meet specified requirements. Certain provisions allow the board to find other persons in practice qualified to use the title of “nurse practitioner.”

This bill would delete those title provisions.

(9) The Nursing Practice Act provides for a diversion program to identify and rehabilitate registered nurses whose competency may be impaired due to abuse of alcohol and other drugs, or due to mental illness.

This bill would instead refer to the program as an intervention program.

(10) The Optometry Practice Act provides for the licensure and regulation of optometrists by the State Board of Optometry. The act prescribes license eligibility requirements, including, but not limited to, submitting proof that the person is licensed in good standing as of the date of application in every state where he or she holds a license, including compliance with continuing education requirements, submitting proof that the person has been in active practice in a state in which he or she is licensed for a total of at least 5,000 hours in 5 of the 7 consecutive years immediately preceding the date of his or her application, and has never had his or her license to practice optometry revoked or suspended. For purposes of those provisions, “in good standing” includes the requirement that the person have not been found mentally incompetent by a physician so that the person is unable to undertake the practice of optometry in a manner consistent with the safety of a patient or the public.

This bill would delete that active practice requirement and would require that the license never have been revoked or suspended in any state where the person holds a license. The bill, with regard to making such a finding of mental incompetence, would replace a finding by a physician with a finding by a licensed psychologist or licensed psychiatrist.

(11) The Physician Assistant Practice Act requires the Physician Assistant Board to annually elect a chairperson and vice chairperson from among its members.

This bill would require the annual election of a president and vice president.

(12) Existing law relating to veterinary medicine requires a veterinary assistant to obtain a controlled substance permit from the Veterinary Medical Board in order to administer a controlled substance, and authorizes the board to deny, revoke, or suspend the permit, after notice and hearing, for any of specified causes. Existing law authorizes the board to revoke or suspend a permit for the same.

This bill would, instead, authorize the board to suspend or revoke the controlled substance permit of a veterinary assistant, after notice and hearing, for any of specified causes, and to deny, revoke, or suspend a permit for the same.

(13) The Acupuncture Licensure Act provides for the licensure and regulation of the practice of acupuncture by the Acupuncture Board. The act requires the board to issue a license to practice acupuncture to a person who meets prescribed requirements. The act requires, in the case of an applicant who has completed education and training outside the United States and Canada, documented educational training and clinical experience that meets certain standards established by the board. Existing law, commencing January 1, 2017, specifically requires the board to establish standards for the approval of educational training and clinical experience received outside the United States and Canada.

This bill would remove Canada from those provisions, thereby applying the same standards to all training and clinical experience completed outside the United States.

(14) The Licensed Marriage and Family Therapist Act provides for the licensure and regulation of marriage and family therapists by the Board of Behavioral Sciences. The act sets forth the educational and training requirements for licensure as a marriage and family therapist, including certain supervised-experience requirements whereby a prospective licensee is required to work a specified number of hours in a clinical setting under the supervision of experienced professionals. The act requires all persons to register with the board as an intern in order to be credited for postdegree hours of supervised experience gained toward licensure. The act, with regard to interns, requires all postdegree hours of experience to be credited toward licensure, except when employed in a private practice setting, if certain conditions are met.

This bill would require postdegree hours of experience to be credited toward licensure if certain conditions are met. The bill would prohibit an applicant for licensure as a marriage and family therapist from being employed or volunteering in a private practice until registered as an intern by the board. This bill would similarly prohibit an applicant for professional clinical counselor under the Licensed Professional Clinical Counselor Act from being employed or volunteering in a private practice until registered as an intern by the board.

(15) The Licensed Marriage and Family Therapist Act, the Educational Psychologist Practice Act, the Clinical Social Worker Practice Act, and the Licensed Professional Clinical Counselor Act require the Board of Behavioral Sciences to approve continuing education providers for specified educational courses relating to licensure for marriage and family therapists, educational psychologists, clinical social workers, and professional clinical counselors.

The bill would modify those acts to require the Board of Behavioral Sciences to identify, by regulation, acceptable continuing education providers.

(16) The Licensed Marriage and Family Therapist Act and the Licensed Professional Clinical Counselor Act provide for the registration of interns and allow a maximum of possible renewals after initial registration, after which a new registration number is required to be obtained. The Clinical Social Worker Practice Act provides similarly for the registration and renewal of registration of associate clinical social workers. An applicant who is issued a subsequent number is barred from employment or volunteering in a private practice.

This bill would revise those provisions to refer throughout to subsequent registration numbers.

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(17) Existing law authorizes the Medical Board of California to take specific actions with regard to the licences of licensed midwives, and the registration of nonresident contact lens sellers, spectacle lens dispensers, contact lens dispensers, dispensing opticians, and polysomnographic technologists.

end insert
begin insert

This bill would authorize the board to place on probation for specified grounds a midwife license or the registration certificate of a nonresident contact lens seller, spectacle lens dispenser, contact lens dispenser, or polysomnographic technologist. The bill would require such a licensee or registrant to pay probation monitoring fees upon order of the board. The bill would authorize a person whose license or certificate has been surrendered while under investigation or while charges are pending, or whose license or certificate has been revoked or suspended or placed on probation, to petition the board for reinstatement or modification of penalty, as prescribed.

end insert
begin insert

(18) Existing law provides for the registration of telephone medical advice services. Existing law imposes requirements for obtaining and maintaining registration, including a requirement that the provision of medical advice services are provided by specified licensed, registered, or certified health care professionals.

end insert
begin insert

This bill would expand the specified health care professionals to include naturopathic doctors and licensed professional clinical counselors. The bill would require a service to notify the department of certain business changes, and to submit quarterly reports.

end insert
begin delete

(17)

end delete

begin insert(19)end insert This bill would additionally delete or update obsolete provisions and make conforming or nonsubstantive changes.

begin delete

(18)

end delete

begin insert(20)end insertThe 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:

P8    1

SECTION 1.  

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

3

28.  

(a) The Legislature finds that there is a need to ensure that
4professionals of the healing arts who have demonstrable contact
5with victims and potential victims of child, elder, and dependent
6adult abuse, and abusers and potential abusers of children, elders,
7and dependent adults are provided with adequate and appropriate
8training regarding the assessment and reporting of child, elder,
9and dependent adult abuse that will ameliorate, reduce, and
10eliminate the trauma of abuse and neglect and ensure the reporting
11of abuse in a timely manner to prevent additional occurrences.

12(b) The Board of Psychology and the Board of Behavioral
13Sciences shall establish required training in the area of child abuse
14assessment and reporting for all persons applying for initial
15licensure and renewal of a license as a psychologist, clinical social
16worker, professional clinical counselor, or marriage and family
17therapist. This training shall be required one time only for all
18persons applying for initial licensure or for licensure renewal.

19(c) All persons applying for initial licensure or renewal of a
20license as a psychologist, clinical social worker, professional
21clinical counselor, or marriage and family therapist shall, in
22addition to all other requirements for licensure or renewal, have
23completed coursework or training in child abuse assessment and
24reporting that meets the requirements of this section, including
25detailed knowledge of the Child Abuse and Neglect Reporting Act
26(Article 2.5 (commencing with Section 11164) of Chapter 2 of
27Title 1 of Part 4 of the Penal Code). The training shall meet all of
28the following requirements:

29(1) Be obtained from one of the following sources:

30(A) An accredited or approved educational institution, as defined
31in Sections 2902, 4980.36, 4980.37, 4996.18, and 4999.12,
32including extension courses offered by those institutions.

P9    1(B) A continuing education provider as specified by the
2responsible board by regulation.

3(C) A course sponsored or offered by a professional association
4or a local, county, or state department of health or mental health
5for continuing education and approved or accepted by the
6responsible board.

7(2) Have a minimum of seven contact hours.

8(3) Include the study of the assessment and method of reporting
9of sexual assault, neglect, severe neglect, general neglect, willful
10cruelty or unjustifiable punishment, corporal punishment or injury,
11and abuse in out-of-home care. The training shall also include
12physical and behavioral indicators of abuse, crisis counseling
13techniques, community resources, rights and responsibilities of
14reporting, consequences of failure to report, caring for a child’s
15needs after a report is made, sensitivity to previously abused
16children and adults, and implications and methods of treatment
17for children and adults.

18(4) An applicant shall provide the appropriate board with
19documentation of completion of the required child abuse training.

20(d) The Board of Psychology and the Board of Behavioral
21Sciences shall exempt an applicant who applies for an exemption
22from this section and who shows to the satisfaction of the board
23that there would be no need for the training in his or her practice
24because of the nature of that practice.

25(e) It is the intent of the Legislature that a person licensed as a
26psychologist, clinical social worker, professional clinical counselor,
27or marriage and family therapist have minimal but appropriate
28 training in the areas of child, elder, and dependent adult abuse
29assessment and reporting. It is not intended that, by solely
30complying with this section, a practitioner is fully trained in the
31subject of treatment of child, elder, and dependent adult abuse
32victims and abusers.

33(f) The Board of Psychology and the Board of Behavioral
34Sciences are encouraged to include coursework regarding the
35assessment and reporting of elder and dependent adult abuse in
36the required training on aging and long-term care issues prior to
37licensure or license renewal.

38

SEC. 2.  

Section 146 of the Business and Professions Code is
39amended to read:

P10   1

146.  

(a) Notwithstanding any other provision of law, a
2violation of any code section listed in subdivision (c) is an
3infraction subject to the procedures described in Sections 19.6 and
419.7 of the Penal Code when either of the following applies:

5(1) A complaint or a written notice to appear in court pursuant
6to Chapter 5c (commencing with Section 853.5) of Title 3 of Part
72 of the Penal Code is filed in court charging the offense as an
8infraction unless the defendant, at the time he or she is arraigned,
9after being advised of his or her rights, elects to have the case
10proceed as a misdemeanor.

11(2) The court, with the consent of the defendant and the
12prosecution, determines that the offense is an infraction in which
13event the case shall proceed as if the defendant has been arraigned
14on an infraction complaint.

15(b) Subdivision (a) does not apply to a violation of the code
16sections listed in subdivision (c) if the defendant has had his or
17her license, registration, or certificate previously revoked or
18suspended.

19(c) The following sections require registration, licensure,
20certification, or other authorization in order to engage in certain
21businesses or professions regulated by this code:

22(1) Sections 2052 and 2054.

23(2) Section 2630.

24(3) Section 2903.

25(4) Section 3575.

26(5) Section 3660.

27(6) Sections 3760 and 3761.

28(7) Section 4080.

29(8) Section 4825.

30(9) Section 4935.

31(10) Section 4980.

begin insert

32(11) Section 4989.50.

end insert
begin delete

37 33(11)

end delete

34begin insert(12)end insert Section 4996.

begin insert

35(13) Section 4999.30.

end insert
begin delete

39 36(12)

end delete

37begin insert(14)end insert Section 5536.

begin delete

P10 1 38(13)

end delete

39begin insert(15)end insert Section 6704.

begin delete

3 40(14)

end delete

P11   1begin insert(16)end insert Section 6980.10.

begin delete

5 2(15)

end delete

3begin insert(17)end insert Section 7317.

begin delete

7 4(16)

end delete

5begin insert(18)end insert Section 7502 or 7592.

begin delete

9 6(17)

end delete

7begin insert(19)end insert Section 7520.

begin delete

11 8(18)

end delete

9begin insert(20)end insert Section 7617 or 7641.

begin delete

13 10(19)

end delete

11begin insert(21)end insert Subdivision (a) of Section 7872.

begin delete

15 12(20)

end delete

13begin insert(22)end insert Section 8016.

begin delete

17 14(21)

end delete

15begin insert(23)end insert Section 8505.

begin delete

19 16(22)

end delete

17begin insert(24)end insert Section 8725.

begin delete

21 18(23)

end delete

19begin insert(25)end insert Section 9681.

begin delete

23 20(24)

end delete

21begin insert(26)end insert Section 9840.

begin delete

25 22(25)

end delete

23begin insert(27)end insert Subdivision (c) of Section 9891.24.

begin delete

27 24(26)

end delete

25begin insert(28)end insert Section 19049.

26(d) Notwithstanding any other law, a violation of any of the
27sections listed in subdivision (c), which is an infraction, is
28punishable by a fine of not less than two hundred fifty dollars
29($250) and not more than one thousand dollars ($1,000). No portion
30of the minimum fine may be suspended by the court unless as a
31condition of that suspension the defendant is required to submit
32proof of a current valid license, registration, or certificate for the
33profession or vocation that was the basis for his or her conviction.

34

SEC. 3.  

Section 500 of the Business and Professions Code is
35amended to read:

36

500.  

If the register or book of registration of the Medical Board
37of California, the Dental Board of California, or the Board of
38Pharmacy is destroyed by fire or other public calamity, the board,
39whose duty it is to keep the register or book, may reproduce it so
P12   1that there may be shown as nearly as possible the record existing
2in the original at the time of destruction.

3

SEC. 4.  

Section 650.2 of the Business and Professions Code
4 is amended to read:

5

650.2.  

Notwithstanding Section 650 or any other provision of
6law, it shall not be unlawful for a person licensed pursuant to
7Chapter 4 (commencing with Section 1600) of Division 2 or any
8other person, to participate in or operate a group advertising and
9referral service for dentists if all of the following conditions are
10met:

11(a) The patient referrals by the service result from
12patient-initiated responses to service advertising.

13(b) The service advertises, if at all, in conformity with Section
14651 and subdivisions (i) and (l) of Section 1680.

15(c) The service does not employ a solicitor within the meaning
16of subdivision (j) of Section 1680.

17(d) The service does not impose a fee on the member dentists
18dependent upon the number of referrals or amount of professional
19fees paid by the patient to the dentist.

20(e) Participating dentists charge no more than their usual and
21customary fees to any patient referred.

22(f) The service registers with the Dental Boardbegin delete of Californiaend delete of
23California, providing its name and address.

24(g) The service files with the Dental Boardbegin delete of Californiaend delete of
25California a copy of the standard form contract that regulates its
26relationship with member dentists, which contract shall be
27confidential and not open to public inspection.

28(h) If more than 50 percent of its referrals are made to one
29individual, association, partnership, corporation, or group of three
30or more dentists, the service discloses that fact in all public
31communications, including, but not limited to, communication by
32means of television, radio, motion picture, newspaper, book, or
33list or directory of healing arts practitioners.

34(i) When member dentists pay any fee to the service, any
35advertisement by the service shall clearly and conspicuously
36disclose that fact by including a statement as follows: “Paid for
37by participating dentists.” In print advertisements, the required
38statement shall be in at least 9-point type. In radio advertisements,
39the required statement shall be articulated so as to be clearly
40audible and understandable by the radio audience. In television
P13   1advertisements, the required statement shall be either clearly
2audible and understandable to the television audience, or displayed
3in a written form that remains clearly visible for at least five
4seconds to the television audience. This subdivision shall be
5operative on and after July 1, 1994.

6The Dental Boardbegin delete of Californiaend delete of California may adopt
7regulations necessary to enforce and administer this section.

8The Dental Board of California may suspend or revoke the
9registration of any service that fails to comply with subdivision
10(i). No service may reregister with the board if it has a registration
11that is currently under suspension for a violation of subdivision
12(i), nor may a service reregister with the board if it had a
13registration revoked by the board for a violation of subdivision (i)
14less than one year after that revocation.

15The Dental Boardbegin delete of Californiaend delete of California may petition the
16superior court of any county for the issuance of an injunction
17restraining any conduct that constitutes a violation of this section.

18It is unlawful and shall constitute a misdemeanor for a person
19to operate a group advertising and referral service for dentists
20without providing its name and address to the Dental Boardbegin delete of
21Californiaend delete
of California.

22It is the intent of the Legislature in enacting this section not to
23otherwise affect the prohibitions provided in Section 650. The
24Legislature intends to allow the pooling of resources by dentists
25for the purposes of advertising.

26This section shall not be construed to authorize a referral service
27to engage in the practice of dentistry.

28

SEC. 5.  

Section 800 of the Business and Professions Code is
29amended to read:

30

800.  

(a) The Medical Board of California, the Board of
31Psychology, the Dental Board of California, the Dental Hygiene
32Committee of California, the Osteopathic Medical Board of
33California, the State Board of Chiropractic Examiners, the Board
34of Registered Nursing, the Board of Vocational Nursing and
35Psychiatric Technicians, the State Board of Optometry, the
36Veterinary Medical Board, the Board of Behavioral Sciences, the
37Physical Therapy Board of California, the California State Board
38of Pharmacy, the Speech-Language Pathology and Audiology and
39Hearing Aid Dispensers Board, the California Board of
40Occupational Therapy, the Acupuncture Board, and the Physician
P14   1Assistant Board shall each separately create and maintain a central
2file of the names of all persons who hold a license, certificate, or
3similar authority from that board. Each central file shall be created
4and maintained to provide an individual historical record for each
5licensee with respect to the following information:

6(1) Any conviction of a crime in this or any other state that
7constitutes unprofessional conduct pursuant to the reporting
8requirements of Section 803.

9(2) Any judgment or settlement requiring the licensee or his or
10her insurer to pay any amount of damages in excess of three
11thousand dollars ($3,000) for any claim that injury or death was
12proximately caused by the licensee’s negligence, error or omission
13in practice, or by rendering unauthorized professional services,
14pursuant to the reporting requirements of Section 801 or 802.

15(3) Any public complaints for which provision is made pursuant
16to subdivision (b).

17(4) Disciplinary information reported pursuant to Section 805,
18including any additional exculpatory or explanatory statements
19submitted by the licentiate pursuant to subdivision (f) of Section
20805. If a court finds, in a final judgment, that the peer review
21resulting in the 805 report was conducted in bad faith and the
22licensee who is the subject of the report notifies the board of that
23finding, the board shall include that finding in the central file. For
24purposes of this paragraph, “peer review” has the same meaning
25as defined in Section 805.

26(5) Information reported pursuant to Section 805.01, including
27any explanatory or exculpatory information submitted by the
28licensee pursuant to subdivision (b) of that section.

29(b) (1) Each board shall prescribe and promulgate forms on
30which members of the public and other licensees or certificate
31holders may file written complaints to the board alleging any act
32of misconduct in, or connected with, the performance of
33professional services by the licensee.

34(2) If a board, or division thereof, a committee, or a panel has
35failed to act upon a complaint or report within five years, or has
36found that the complaint or report is without merit, the central file
37shall be purged of information relating to the complaint or report.

38(3) Notwithstanding this subdivision, the Board of Psychology,
39the Board of Behavioral Sciences, and the Respiratory Care Board
P15   1of California shall maintain complaints or reports as long as each
2board deems necessary.

3(c) (1) The contents of any central file that are not public
4records under any other provision of law shall be confidential
5except that the licensee involved, or his or her counsel or
6representative, shall have the right to inspect and have copies made
7of his or her complete file except for the provision that may
8disclose the identity of an information source. For the purposes of
9this section, a board may protect an information source by
10providing a copy of the material with only those deletions necessary
11to protect the identity of the source or by providing a
12comprehensive summary of the substance of the material.
13Whichever method is used, the board shall ensure that full
14disclosure is made to the subject of any personal information that
15could reasonably in any way reflect or convey anything detrimental,
16disparaging, or threatening to a licensee’s reputation, rights,
17benefits, privileges, or qualifications, or be used by a board to
18make a determination that would affect a licensee’s rights, benefits,
19privileges, or qualifications. The information required to be
20disclosed pursuant to Section 803.1 shall not be considered among
21the contents of a central file for the purposes of this subdivision.

22(2) The licensee may, but is not required to, submit any
23additional exculpatory or explanatory statement or other
24information that the board shall include in the central file.

25(3) Each board may permit any law enforcement or regulatory
26agency when required for an investigation of unlawful activity or
27for licensing, certification, or regulatory purposes to inspect and
28have copies made of that licensee’s file, unless the disclosure is
29otherwise prohibited by law.

30(4) These disclosures shall effect no change in the confidential
31status of these records.

32

SEC. 6.  

Section 1603a of the Business and Professions Code
33 is amended to read:

34

1603a.  

A member of the Dental Board of California who has
35served two terms shall not be eligible for reappointment to the
36board. In computing two terms hereunder, that portion of an
37unexpired term that a member fills as a result of a vacancy shall
38be excluded.

39

SEC. 7.  

Section 1618.5 of the Business and Professions Code
40 is amended to read:

P16   1

1618.5.  

(a) The board shall provide to the Director of the
2Department of Managed Health Care a copy of any accusation
3filed with the Office of Administrative Hearings pursuant to
4Chapter 5 (commencing with Section 11500) of Part 1 of Division
53 of Title 2 of the Government Code, when the accusation is filed,
6for a violation of this chapter relating to the quality of care of any
7dental provider of a health care service plan, as defined in Section
81345 of the Health and Safety Code. There shall be no liability on
9the part of, and no cause of action shall arise against, the State of
10California, the Dental Board of California, the Department of
11Managed Health Care, the director of that department, or any
12officer, agent, employee, consultant, or contractor of the state or
13the board or the department for the release of any false or
14unauthorized information pursuant to this section, unless the release
15is made with knowledge and malice.

16(b) The board and its executive officer and staff shall maintain
17the confidentiality of any nonpublic reports provided by the
18Director of the Department of Managed Health Care pursuant to
19subdivision (i) of Section 1380 of the Health and Safety Code.

20

SEC. 8.  

Section 1640.1 of the Business and Professions Code
21 is amended to read:

22

1640.1.  

As used in this article, the following definitions shall
23apply:

24(a) “Specialty” means an area of dental practice approved by
25the American Dental Association and recognized by the board.

26(b) “Discipline” means an advanced dental educational program
27in an area of dental practice not approved as a specialty by the
28American Dental Association; but offered from a dental college
29approved by the board.

30(c) “Dental college approved by the board” means a dental
31school or college that is approved by the Commission on Dental
32Accreditation of the American Dental Association, that is
33accredited by a body that has a reciprocal accreditation agreement
34with that commission, or that has been approved by the Dental
35Board of California through its own approval process.

36

SEC. 9.  

Section 1648.10 of the Business and Professions Code
37 is amended to read:

38

1648.10.  

(a) The Dental Board of California shall develop and
39distribute a fact sheet describing and comparing the risks and
40efficacy of the various types of dental restorative materials that
P17   1may be used to repair a dental patient’s oral condition or defect.
2The fact sheet shall include:

3(1) A description of the groups of materials that are available
4to the profession for restoration of an oral condition or defect.

5(2) A comparison of the relative benefits and detriments of each
6group of materials.

7(3) A comparison of the cost considerations associated with
8each group of materials.

9(4) A reference to encourage discussion between patient and
10dentist regarding materials and to inform the patient of his or her
11options.

12(b) The fact sheet shall be made available by the Dental Board
13of California to all licensed dentists.

14(c) The Dental Board of California shall update the fact sheet
15described in subdivision (a) as determined necessary by the board.

16

SEC. 10.  

Section 1650 of the Business and Professions Code
17 is amended to read:

18

1650.  

Every person who is now or hereafter licensed to practice
19dentistry in this state shall register on forms prescribed by the
20board, his or her place of practice with the executive officer of the
21Dental Board, or, if he or she has more than one place of practice,
22all of the places of practice, or, if he or she has no place of practice,
23to so notify the executive officer of the board. A person licensed
24by the board shall register with the executive officer within 30
25days after the date of his or her license.

26

SEC. 11.  

Section 1695 of the Business and Professions Code
27 is amended to read:

28

1695.  

It is the intent of the Legislature that the Dental Board
29of California seek ways and means to identify and rehabilitate
30licentiates whose competency may be impaired due to abuse of
31dangerous drugs or alcohol, so that licentiates so afflicted may be
32treated and returned to the practice of dentistry in a manner that
33will not endanger the public health and safety. It is also the intent
34of the Legislature that the Dental Board of California shall
35implement this legislation in part by establishing a diversion
36program as a voluntary alternative approach to traditional
37disciplinary actions.

38

SEC. 12.  

Section 1695.1 of the Business and Professions Code
39 is amended to read:

40

1695.1.  

As used in this article:

P18   1(a) “Board” means the Dental Board of California.

2(b) “Committee” means a diversion evaluation committee
3created by this article.

4(c) “Program manager” means the staff manager of the diversion
5program, as designated by the executive officer of the board. The
6program manager shall have background experience in dealing
7with substance abuse issues.

8

SEC. 13.  

Section 1905.1 of the Business and Professions Code
9 is amended to read:

10

1905.1.  

The committee may contract with the dental board to
11carry out this article. The committee may contract with the dental
12board to perform investigations of applicants and licensees under
13this article.

14

SEC. 14.  

Section 1917.2 of the Business and Professions Code
15 is repealed.

16

SEC. 15.  

Section 1944 of the Business and Professions Code
17 is amended to read:

18

1944.  

(a) The committee shall establish by resolution the
19amount of the fees that relate to the licensing of a registered dental
20hygienist, a registered dental hygienist in alternative practice, and
21a registered dental hygienist in extended functions. The fees
22established by board resolution in effect on June 30, 2009, as they
23relate to the licensure of registered dental hygienists, registered
24dental hygienists in alternative practice, and registered dental
25hygienists in extended functions, shall remain in effect until
26modified by the committee. The fees are subject to the following
27limitations:

28(1) The application fee for an original license and the fee for
29issuance of an original license shall not exceed two hundred fifty
30dollars ($250).

31(2) The fee for examination for licensure as a registered dental
32hygienist shall not exceed the actual cost of the examination.

33(3) The fee for examination for licensure as a registered dental
34hygienist in extended functions shall not exceed the actual cost of
35the examination.

36(4) The fee for examination for licensure as a registered dental
37hygienist in alternative practice shall not exceed the actual cost of
38administering the examination.

39(5) The biennial renewal fee shall not exceed one hundred sixty
40dollars ($160).

P19   1(6) The delinquency fee shall not exceed one-half of the renewal
2fee. Any delinquent license may be restored only upon payment
3of all fees, including the delinquency fee, and compliance with all
4other applicable requirements of this article.

5(7) The fee for issuance of a duplicate license to replace one
6that is lost or destroyed, or in the event of a name change, shall
7not exceed twenty-five dollars ($25) or one-half of the renewal
8fee, whichever is greater.

9(8) The fee for certification of licensure shall not exceed one-half
10of the renewal fee.

11(9) The fee for each curriculum review, feasibility study review,
12and site evaluation for educational programs for dental hygienists
13who are not accredited by a committee-approved agency shall not
14exceed two thousand one hundred dollars ($2,100).

15(10) The fee for each review or approval of course requirements
16for licensure or procedures that require additional training shall
17not exceed seven hundred fifty dollars ($750).

18(11) The initial application and biennial fee for a provider of
19continuing education shall not exceed five hundred dollars ($500).

20(12) The amount of fees payable in connection with permits
21issued under Section 1962 is as follows:

22(A) The initial permit fee is an amount equal to the renewal fee
23for the applicant’s license to practice dental hygiene in effect on
24the last regular renewal date before the date on which the permit
25is issued.

26(B) If the permit will expire less than one year after its issuance,
27then the initial permit fee is an amount equal to 50 percent of the
28renewal fee in effect on the last regular renewal date before the
29date on which the permit is issued.

30(b) The renewal and delinquency fees shall be fixed by the
31committee by resolution at not more than the current amount of
32the renewal fee for a license to practice under this article nor less
33than five dollars ($5).

34(c) Fees fixed by the committee by resolution pursuant to this
35section shall not be subject to the approval of the Office of
36Administrative Law.

37(d) Fees collected pursuant to this section shall be collected by
38the committee and deposited into the State Dental Hygiene Fund,
39which is hereby created. All money in this fund shall, upon
P20   1appropriation by the Legislature in the annual Budget Act, be used
2to implement this article.

3(e) No fees or charges other than those listed in this section shall
4be levied by the committee in connection with the licensure of
5registered dental hygienists, registered dental hygienists in
6alternative practice, or registered dental hygienists in extended
7functions.

8(f) The fee for registration of an extramural dental facility shall
9not exceed two hundred fifty dollars ($250).

10(g) The fee for registration of a mobile dental hygiene unit shall
11not exceed one hundred fifty dollars ($150).

12(h) The biennial renewal fee for a mobile dental hygiene unit
13shall not exceed two hundred fifty dollars ($250).

14(i) The fee for an additional office permit shall not exceed two
15hundred fifty dollars ($250).

16(j) The biennial renewal fee for an additional office as described
17in Section 1926.4 shall not exceed two hundred fifty dollars ($250).

18(k) The initial application and biennial special permit fee is an
19amount equal to the biennial renewal fee specified in paragraph
20(6) of subdivision (a).

21(l) The fees in this section shall not exceed an amount sufficient
22to cover the reasonable regulatory cost of carrying out this article.

23

SEC. 16.  

Section 2054 of the Business and Professions Code
24 is amended to read:

25

2054.  

(a) Any person who uses in any sign, business card, or
26letterhead, or, in an advertisement, the words “doctor” or
27“physician,” the letters or prefix “Dr.,” the initials “M.D.,” or any
28other terms or letters indicating or implying that he or she is a
29physician and surgeon, physician, surgeon, or practitioner under
30the terms of this or any other law, or that he or she is entitled to
31practice hereunder, or who represents or holds himself or herself
32out as a physician and surgeon, physician, surgeon, or practitioner
33under the terms of this or any other law, without having at the time
34of so doing a valid, unrevoked, and unsuspended certificate as a
35physician and surgeon under this chapter, is guilty of a
36misdemeanor.

37(b) A holder of a valid, unrevoked, and unsuspended certificate
38to practice podiatric medicine may use the phrases “doctor of
39podiatric medicine,” “doctor of podiatry,” and “podiatric doctor,”
P21   1or the initials “D.P.M.,” and shall not be in violation of subdivision
2(a).

3(c) Notwithstanding subdivision (a), any of the following
4persons may use the words “doctor” or “physician,” the letters or
5prefix “Dr.,” or the initials “M.D.”:

6(1) A graduate of a medical school approved or recognized by
7the board while enrolled in a postgraduate training program
8approved by the board.

9(2) A graduate of a medical school who does not have a
10certificate as a physician and surgeon under this chapter if he or
11she meets all of the following requirements:

12(A) If issued a license to practice medicine in any jurisdiction,
13has not had that license revoked or suspended by that jurisdiction.

14(B) Does not otherwise hold himself or herself out as a physician
15and surgeon entitled to practice medicine in this state except to
16the extent authorized by this chapter.

17(C) Does not engage in any of the acts prohibited by Section
182060.

19(3) A person authorized to practice medicine under Section 2111
20or 2113 subject to the limitations set forth in those sections.

21begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 2221 of the end insertbegin insertBusiness and Professions Codeend insert
22begin insert is amended to read:end insert

23

2221.  

(a) The board may deny a physician’s and surgeon’s
24certificatebegin insert or postgraduate training authorization letterend insert to an
25applicant guilty of unprofessional conduct or of any cause that
26would subject a licensee to revocation or suspension of his or her
27begin delete license; or, the boardend deletebegin insert license. The board,end insert in its sole discretion, may
28issue a probationary physician’s and surgeon’s certificate to an
29applicant subject to terms and conditions, including, but not limited
30to, any of the following conditions of probation:

31(1) Practice limited to a supervised, structured environment
32where the licensee’s activities shall be supervised by another
33physician and surgeon.

34(2) Total or partial restrictions on drug prescribing privileges
35for controlled substances.

36(3) Continuing medical or psychiatric treatment.

37(4) Ongoing participation in a specified rehabilitation program.

38(5) Enrollment and successful completion of a clinical training
39program.

40(6) Abstention from the use of alcohol or drugs.

P22   1(7) Restrictions against engaging in certain types of medical
2practice.

3(8) Compliance with all provisions of this chapter.

4(9) Payment of the cost of probation monitoring.

5(b) The board may modify or terminate the terms and conditions
6imposed on the probationary certificate upon receipt of a petition
7from the licensee. The board may assign the petition to an
8administrative law judge designated in Section 11371 of the
9Government Code. After a hearing on the petition, the
10administrative law judge shall provide a proposed decision to the
11board.

12(c) The board shall deny a physician’s and surgeon’s certificate
13to an applicant who is required to register pursuant to Section 290
14of the Penal Code. This subdivision does not apply to an applicant
15who is required to register as a sex offender pursuant to Section
16290 of the Penal Code solely because of a misdemeanor conviction
17under Section 314 of the Penal Code.

18(d) An applicant shall not be eligible to reapply for a physician’s
19and surgeon’s certificate for a minimum of three years from the
20effective date of the denial of his or her application, except that
21thebegin delete board may,end deletebegin insert board,end insert in its discretion and for good cause
22demonstrated,begin insert mayend insert permit reapplication after not less than one
23year has elapsed from the effective date of the denial.

24

begin deleteSEC. 17.end delete
25begin insertSEC. 18.end insert  

Section 2401 of the Business and Professions Code
26 is amended to read:

27

2401.  

(a) Notwithstanding Section 2400, a clinic operated
28primarily for the purpose of medical education by a public or
29private nonprofit university medical school, which is approved by
30the board or the Osteopathic Medical Board of California, may
31charge for professional services rendered to teaching patients by
32licensees who hold academic appointments on the faculty of the
33university, if the charges are approved by the physician and surgeon
34in whose name the charges are made.

35(b) Notwithstanding Section 2400, a clinic operated under
36subdivision (p) of Section 1206 of the Health and Safety Code
37may employ licensees and charge for professional services rendered
38by those licensees. However, the clinic shall not interfere with,
39control, or otherwise direct the professional judgment of a
P23   1physician and surgeon in a manner prohibited by Section 2400 or
2any other provision of law.

3(c) Notwithstanding Section 2400, a narcotic treatment program
4operated under Section 11876 of the Health and Safety Code and
5regulated by the State Department of Health Care Services, may
6employ licensees and charge for professional services rendered by
7those licensees. However, the narcotic treatment program shall
8not interfere with, control, or otherwise direct the professional
9judgment of a physician and surgeon in a manner prohibited by
10Section 2400 or any other provision of law.

11(d) Notwithstanding Section 2400, a hospital that is owned and
12operated by a licensed charitable organization, that offers only
13pediatric subspecialty care, that, prior to January 1, 2013, employed
14licensees on a salary basis, and that has not charged for professional
15services rendered to patients may, commencing January 1, 2013,
16charge for professional services rendered to patients, provided the
17following conditions are met:

18(1) The hospital does not increase the number of salaried
19licensees by more than five licensees each year.

20(2) The hospital does not expand its scope of services beyond
21pediatric subspecialty care.

22(3) The hospital accepts each patient needing its scope of
23services regardless of his or her ability to pay, including whether
24the patient has any form of health care coverage.

25(4) The medical staff concur by an affirmative vote that the
26licensee’s employment is in the best interest of the communities
27served by the hospital.

28(5) The hospital does not interfere with, control, or otherwise
29direct a physician and surgeon’s professional judgment in a manner
30prohibited by Section 2400 or any other provision of law.

31

begin deleteSEC. 18.end delete
32begin insertSEC. 19.end insert  

Section 2428 of the Business and Professions Code
33 is amended to read:

34

2428.  

(a) A person who voluntarily cancels his or her license
35or who fails to renew his or her license within five years after its
36expiration shall not renew it, but that person may apply for and
37obtain a new license if he or she:

38(1) Has not committed any acts or crimes constituting grounds
39for denial of licensure under Division 1.5 (commencing with
40Section 475).

P24   1(2) Takes and passes the examination, if any, which would be
2required of him or her if application for licensure was being made
3for the first time, or otherwise establishes to the satisfaction of the
4licensing authority that passes on the qualifications of applicants
5for the license that, with due regard for the public interest, he or
6she is qualified to practice the profession or activity for which the
7applicant was originally licensed.

8(3) Pays all of the fees that would be required if application for
9licensure was being made for the first time.

10The licensing authority may provide for the waiver or refund of
11all or any part of an examination fee in those cases in which a
12license is issued without an examination pursuant to this section.

13Nothing in this section shall be construed to authorize the
14issuance of a license for a professional activity or system or mode
15of healing for which licenses are no longer required.

16(b) In addition to the requirements set forth in subdivision (a),
17an applicant shall establish that he or she meets one of the
18following requirements: (1) satisfactory completion of at least two
19years of approved postgraduate training; (2) certification by a
20specialty board approved by the American Board of Medical
21Specialties or approved by the board pursuant to subdivision (h)
22of Section 651; or (3) passing of the clinical competency written
23examination.

24(c) Subdivision (a) shall apply to persons who held licenses to
25practice podiatric medicine except that those persons who failed
26to renew their licenses within three years after its expiration may
27not renew it, and it may not be reissued, reinstated, or restored,
28except in accordance with subdivision (a).

29begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 2519 of the end insertbegin insertBusiness and Professions Codeend insert
30begin insert is amended to read:end insert

31

2519.  

The board maybegin delete suspend or revokeend deletebegin insert suspend, revoke, or
32place on probationend insert
the license of a midwife for any of the
33following:

34(a) Unprofessional conduct, which includes, but is not limited
35to, all of the following:

36(1) Incompetence or gross negligence in carrying out the usual
37functions of a licensed midwife.

38(2) Conviction of a violation of Section 2052, in which event,
39the record of the conviction shall be conclusive evidence thereof.

40(3) The use of advertising that is fraudulent or misleading.

P25   1(4) Obtaining or possessing in violation of law, or prescribing,
2or except as directed by a licensed physician and surgeon, dentist,
3or podiatrist administering to himself or herself, or furnishing or
4administering to another, any controlled substance as defined in
5Division 10 (commencing with Section 11000) of the Health and
6Safety Code or any dangerous drug as defined in Article 8
7(commencing with Section 4210) of Chapter 9 of Division 2 of
8the Business and Professions Code.

9(5) The use of any controlled substance as defined in Division
1010 (commencing with Section 11000) of the Health and Safety
11Code, or any dangerous drug as defined in Article 8 (commencing
12with Section 4210) of Chapter 9 of Division 2 of the Business and
13Professions Code, or alcoholic beverages, to an extent or in a
14manner dangerous or injurious to himself or herself, any other
15person, or the public or to the extent that such use impairs his or
16her ability to conduct with safety to the public the practice
17authorized by his or her license.

18(6) Conviction of a criminal offense involving the prescription,
19consumption, or self-administration of any of the substances
20described in paragraphs (4) and (5), or the possession of, or
21falsification of, a record pertaining to, the substances described in
22paragraph (4), in which event the record of the conviction is
23conclusive evidence thereof.

24(7) Commitment or confinement by a court of competent
25jurisdiction for intemperate use of or addiction to the use of any
26of the substances described in paragraphs (4) and (5), in which
27event the court order of commitment or confinement is prima facie
28evidence of such commitment or confinement.

29(8) Falsifying, or making grossly incorrect, grossly inconsistent,
30or unintelligible entries in any hospital, patient, or other record
31pertaining to the substances described in subdivision (a).

32(b) Procuring a license by fraud or misrepresentation.

33(c) Conviction of a crime substantially related to the
34qualifications, functions, and duties of a midwife, as determined
35by the board.

36(d) Procuring, aiding, abetting, attempting, agreeing to procure,
37offering to procure, or assisting at, a criminal abortion.

38(e) Violating or attempting to violate, directly or indirectly, or
39assisting in or abetting the violation of, or conspiring to violate
40any provision or term of this chapter.

P26   1(f) Making or giving any false statement or information in
2connection with the application for issuance of a license.

3(g) Impersonating any applicant or acting as proxy for an
4applicant in any examination required under this chapter for the
5issuance of a license or a certificate.

6(h) Impersonating another licensed practitioner, or permitting
7or allowing another person to use his or her license or certificate
8for the purpose of providing midwifery services.

9(i) Aiding or assisting, or agreeing to aid or assist any person
10or persons, whether a licensed physician or not, in the performance
11of or arranging for a violation ofbegin delete any of the provisions ofend delete Article
1212 (commencing with Section 2221) of Chapter 5.

13(j)  Failing to do any of the following when required pursuant
14to Section 2507:

15(1)  Consult with a physician and surgeon.

16(2)  Refer a client to a physician and surgeon.

17(3)  Transfer a client to a hospital.

18begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 2519.5 is added to the end insertbegin insertBusiness and
19Professions Code
end insert
begin insert, to read:end insert

begin insert
20

begin insert2519.5.end insert  

(a) A person whose license has been surrendered while
21under investigation or while charges are pending or whose license
22has been revoked or suspended or placed on probation, may
23petition the board for reinstatement or modification of penalty,
24including modification or termination of probation.

25(b) The person may file the petition after a period of not less
26than the following minimum periods have elapsed from the effective
27date of the surrender of the license or the decision ordering that
28disciplinary action:

29(1) At least three years for reinstatement of a license or
30registration surrendered or revoked for unprofessional conduct,
31except that the board, for good cause shown, may specify in a
32revocation order that a petition for reinstatement may be filed
33after two years.

34(2) At least two years for early termination of probation of three
35years or more.

36(3) At least one year for modification of a condition, or
37reinstatement of a license surrendered or revoked for mental or
38physical illness, or termination of probation of less than three
39years.

P27   1(c) The petition shall state any facts as may be required by the
2board. The petition shall be accompanied by at least two verified
3recommendations from licensees licensed in any state who have
4personal knowledge of the activities of the petitioner since the
5disciplinary penalty was imposed.

6(d) The petition may be heard by a panel of the board. The board
7may assign the petition to an administrative law judge designated
8in Section 11371 of the Government Code. After a hearing on the
9petition, the administrative law judge shall provide a proposed
10decision to the board, which shall be acted upon in accordance
11with Section 2335.

12(e) The panel of the board or the administrative law judge
13hearing the petition may consider all activities of the petitioner
14since the disciplinary action was taken, the offense for which the
15petitioner was disciplined, the petitioner’s activities during the
16time the license was in good standing, and the petitioner’s
17rehabilitative efforts, general reputation for truth, and professional
18ability. The hearing may be continued from time to time as the
19administrative law judge designated in Section 11371 of the
20Government Code finds necessary.

21(f) The administrative law judge designated in Section 11371
22of the Government Code reinstating a license or modifying a
23penalty may recommend the imposition of any terms and conditions
24deemed necessary.

25(g) No petition shall be considered while the petitioner is under
26sentence for any criminal offense, including any period during
27which the petitioner is on court-imposed probation or parole. No
28petition shall be considered while there is an accusation or petition
29to revoke probation pending against the person. The board may
30deny without a hearing or argument any petition filed pursuant to
31this section within a period of two years from the effective date of
32the prior decision following a hearing under this section.

end insert
33begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 2520 of the end insertbegin insertBusiness and Professions Codeend insert
34begin insert is amended to read:end insert

35

2520.  

(a) (1) The fee to be paid upon the filing of a license
36application shall be fixed by the board at not less than seventy-five
37dollars ($75) nor more than three hundred dollars ($300).

38(2) The fee for renewal of the midwife license shall be fixed by
39the board at not less than fifty dollars ($50) nor more than two
40hundred dollars ($200).

P28   1(3) The delinquency fee for renewal of the midwife license shall
2be 50 percent of the renewal fee in effect on the date of the renewal
3of the license, but not less than twenty-five dollars ($25) nor more
4than fifty dollars ($50).

5(4) The fee for the examination shall be the cost of administering
6the examination to the applicant, as determined by the organization
7that has entered into a contract with thebegin delete Division of Licensingend delete
8begin insert boardend insert for the purposes set forth in subdivision (a) of Section
92512.5. Notwithstanding subdivision (b), that fee may be collected
10and retained by that organization.

begin insert

11(b) A licensee placed on probation shall be required to pay
12probation monitoring fees upon order of the board.

end insert
begin delete

13(b)

end delete

14begin insert(c)end insert The fees prescribed by this article shall be deposited in the
15Licensed Midwifery Fund, which is hereby established, and shall
16be available, upon appropriation, to the board for the purposes of
17this article.

18

begin deleteSEC. 19.end delete
19begin insertSEC. 23.end insert  

Section 2529 of the Business and Professions Code
20 is amended to read:

21

2529.  

(a) Graduates of the Southern California Psychoanalytic
22Institute, the Los Angeles Psychoanalytic Society and Institute,
23the San Francisco Psychoanalytic Institute, the San Diego
24Psychoanalytic Institute, or institutes deemed equivalent by the
25Medical Board of California who have completed clinical training
26in psychoanalysis may engage in psychoanalysis as an adjunct to
27teaching, training, or research and hold themselves out to the public
28as psychoanalysts, and students in those institutes may engage in
29psychoanalysis under supervision, if the students and graduates
30do not hold themselves out to the public by any title or description
31of services incorporating the words “psychological,”
32“psychologist,” “psychology,” “psychometrists,” “psychometrics,”
33or “psychometry,” or that they do not state or imply that they are
34licensed to practice psychology.

35(b) Those students and graduates seeking to engage in
36psychoanalysis under this chapter shall register with the Medical
37Board of California, presenting evidence of their student or
38graduate status. The board may suspend or revoke the exemption
39of those persons for unprofessional conduct as defined in Sections
40726, 2234, and 2235.

P29   1begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 2546.7 of the end insertbegin insertBusiness and Professions Codeend insert
2begin insert is amended to read:end insert

3

2546.7.  

(a) A certificate may be denied, suspended, revoked,
4begin insert placed on probation,end insert or otherwise subjected to discipline for any
5of the following:

6(1) Incompetence, gross negligence, or repeated similar
7negligent acts performed by the registrant or any employee of the
8registrant.

9(2) An act of dishonesty or fraud.

10(3) Committing any act or being convicted of a crime
11constituting grounds for denial of licensure or registration under
12Section 480.

13(4) Any violation of Section 2546.5 or 2546.6.

14(b) The proceedings shall be conducted in accordance with
15Chapter 5 (commencing with Section 11500) of Part 1 of Division
163 of Title 2 of the Government Code, and the division shall have
17all powers granted therein.

18begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 2546.9 of the end insertbegin insertBusiness and Professions Codeend insert
19begin insert is amended to read:end insert

20

2546.9.  

The amount of fees prescribed in connection with the
21registration of nonresident contact lens sellers is that established
22by the following schedule:

23(a) The initial registration fee shall be one hundred dollars
24($100).

25(b) The renewal fee shall be one hundred dollars ($100).

26(c) The delinquency fee shall be twenty-five dollars ($25).

27(d) The fee for replacement of a lost, stolen, or destroyed
28registration shall be twenty-five dollars ($25).

begin insert

29(e) A registrant placed on probation shall be required to pay
30probation monitoring fees upon order of the board.

end insert
begin delete

31(e)

end delete

32begin insert(f)end insert The fees collected pursuant to this chapter shall be deposited
33in the Dispensing Opticians Fund, and shall be available, upon
34appropriation, to the Medical Board of California for the purposes
35of this chapter.

36begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 2546.11 is added to the end insertbegin insertBusiness and
37Professions Code
end insert
begin insert, to read:end insert

begin insert
38

begin insert2546.11.end insert  

(a) A person whose certificate has been surrendered
39while under investigation or while charges are pending or whose
40certificate has been revoked or suspended or placed on probation,
P30   1may petition the board for reinstatement or modification of penalty,
2including modification or termination of probation.

3(b) The person may file the petition after a period of not less
4than the following minimum periods have elapsed from the effective
5date of the surrender of the certificate or the decision ordering
6that disciplinary action:

7(1) At least three years for reinstatement of a license or
8registration surrendered or revoked for unprofessional conduct,
9except that the board may, for good cause shown, specify in a
10revocation order that a petition for reinstatement may be filed
11after two years.

12(2) At least two years for early termination of probation of three
13years or more.

14(3) At least one year for modification of a condition, or
15reinstatement of a license or registration surrendered or revoked
16for mental or physical illness, or termination of probation of less
17than three years.

18(c) The petition shall state any facts as may be required by the
19board. The petition shall be accompanied by at least two verified
20recommendations from licensees or registrants licensed or
21registered in any state who have personal knowledge of the
22activities of the petitioner since the disciplinary penalty was
23imposed.

24(d) The petition may be heard by a panel of the board. The board
25may assign the petition to an administrative law judge designated
26in Section 11371 of the Government Code. After a hearing on the
27petition, the administrative law judge shall provide a proposed
28decision to the board, which shall be acted upon in accordance
29with Section 2335.

30(e) The panel of the board or the administrative law judge
31hearing the petition may consider all activities of the petitioner
32since the disciplinary action was taken, the offense for which the
33petitioner was disciplined, the petitioner’s activities during the
34time the certificate was in good standing, and the petitioner’s
35rehabilitative efforts, general reputation for truth, and professional
36ability. The hearing may be continued from time to time as the
37administrative law judge designated in Section 11371 of the
38Government Code finds necessary.

39(f) The administrative law judge, designated in Section 11371
40of the Government Code, reinstating a certificate or modifying a
P31   1penalty may recommend the imposition of any terms and conditions
2deemed necessary.

3(g) No petition shall be considered while the petitioner is under
4sentence for any criminal offense, including any period during
5which the petitioner is on court-imposed probation or parole. No
6petition shall be considered while there is an accusation or petition
7to revoke probation pending against the person. The board may
8deny without a hearing or argument any petition filed pursuant to
9this section within a period of two years from the effective date of
10the prior decision following a hearing under this section.

end insert
11begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 2555.5 is added to the end insertbegin insertBusiness and
12Professions Code
end insert
begin insert, to read:end insert

begin insert
13

begin insert2555.5.end insert  

(a) A person whose certificate has been surrendered
14while under investigation or while charges are pending or whose
15certificate has been revoked or suspended or placed on probation,
16may petition the board for reinstatement or modification of penalty,
17including modification or termination of probation.

18(b) The person may file the petition after a period of not less
19than the following minimum periods have elapsed from the effective
20date of the surrender of the certificate or the decision ordering
21that disciplinary action:

22(1) At least three years for reinstatement of a license or
23registration surrendered or revoked for unprofessional conduct,
24except that the board may, for good cause shown, specify in a
25revocation order that a petition for reinstatement may be filed
26after two years.

27(2) At least two years for early termination of probation of three
28years or more.

29(3) At least one year for modification of a condition, or
30reinstatement of a license or registration surrendered or revoked
31for mental or physical illness, or termination of probation of less
32than three years.

33(c) The petition shall state any facts as may be required by the
34board. The petition shall be accompanied by at least two verified
35recommendations from licensees or registrants licensed or
36registered in any state who have personal knowledge of the
37activities of the petitioner since the disciplinary penalty was
38imposed.

39(d) The petition may be heard by a panel of the board. The board
40may assign the petition to an administrative law judge designated
P32   1in Section 11371 of the Government Code. After a hearing on the
2petition, the administrative law judge shall provide a proposed
3decision to the board, which shall be acted upon in accordance
4with Section 2335.

5(e) The panel of the board or the administrative law judge
6hearing the petition may consider all activities of the petitioner
7since the disciplinary action was taken, the offense for which the
8petitioner was disciplined, the petitioner’s activities during the
9time the certificate was in good standing, and the petitioner’s
10rehabilitative efforts, general reputation for truth, and professional
11ability. The hearing may be continued from time to time as the
12administrative law judge designated in Section 11371 of the
13Government Code finds necessary.

14(f) The administrative law judge, designated in Section 11371
15of the Government Code, reinstating a certificate or modifying a
16penalty may recommend the imposition of any terms and conditions
17deemed necessary.

18(g) No petition shall be considered while the petitioner is under
19sentence for any criminal offense, including any period during
20which the petitioner is on court-imposed probation or parole. No
21petition shall be considered while there is an accusation or petition
22to revoke probation pending against the person. The board may
23deny without a hearing or argument any petition filed pursuant to
24this section within a period of two years from the effective date of
25the prior decision following a hearing under this section.

end insert
26begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 2559.3 of the end insertbegin insertBusiness and Professions Codeend insert
27begin insert is amended to read:end insert

28

2559.3.  

begin insert(a)end insertbegin insertend insert A certificate issued to a registered spectacle lens
29dispenser may, in the discretion of thebegin delete division,end deletebegin insert board,end insert be
30begin delete suspended or revokedend deletebegin insert suspended, revoked, or placed on probationend insert
31 for violating or attempting to violate any provision of this chapter
32or any regulation adopted under this chapter, or for incompetence,
33gross negligence, or repeated similar negligent acts performed by
34the certificate holder. A certificate may also bebegin delete suspended or
35revokedend delete
begin insert suspended, revoked, or placed on probationend insert if the
36individual certificate holder has been convicted of a felony as
37provided in Section 2555.1.

begin delete

38 Any

end delete

39begin insert(b)end insertbegin insertend insertbegin insertAnyend insert proceedings under this section shall be conducted in
40accordance with Chapter 5 (commencing with Section 11500) of
P33   1Part 1 of Division 3 of Title 2 of the Government Code, and the
2division shall have all the powers granted therein.

3begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 2559.7 is added to the end insertbegin insertBusiness and
4Professions Code
end insert
begin insert, to read:end insert

begin insert
5

begin insert2559.7.end insert  

(a) A person whose certificate has been surrendered
6while under investigation or while charges are pending or whose
7certificate has been revoked or suspended or placed on probation,
8may petition the board for reinstatement or modification of penalty,
9including modification or termination of probation.

10(b) The person may file the petition after a period of not less
11than the following minimum periods have elapsed from the effective
12date of the surrender of the certificate or the decision ordering
13that disciplinary action:

14(1) At least three years for reinstatement of certificate
15surrendered or revoked for unprofessional conduct, except that
16the board may, for good cause shown, specify in a revocation order
17that a petition for reinstatement may be filed after two years.

18(2) At least two years for early termination of probation of three
19years or more.

20(3) At least one year for modification of a condition, or
21reinstatement of a certificate surrendered or revoked for mental
22or physical illness, or termination of probation of less than three
23years.

24(c) The petition shall state any facts as may be required by the
25board. The petition shall be accompanied by at least two verified
26recommendations from certificants licensed or registered in any
27state who have personal knowledge of the activities of the petitioner
28since the disciplinary penalty was imposed.

29(d) The petition may be heard by a panel of the board. The board
30may assign the petition to an administrative law judge designated
31in Section 11371 of the Government Code. After a hearing on the
32petition, the administrative law judge shall provide a proposed
33decision to the board, which shall be acted upon in accordance
34with Section 2335.

35(e) The panel of the board or the administrative law judge
36hearing the petition may consider all activities of the petitioner
37since the disciplinary action was taken, the offense for which the
38petitioner was disciplined, the petitioner’s activities during the
39time the certificate was in good standing, and the petitioner’s
40rehabilitative efforts, general reputation for truth, and professional
P34   1ability. The hearing may be continued from time to time as the
2administrative law judge designated in Section 11371 of the
3Government Code finds necessary.

4(f) The administrative law judge, designated in Section 11371
5of the Government Code, reinstating a certificate or modifying a
6penalty may recommend the imposition of any terms and conditions
7deemed necessary.

8(g) No petition shall be considered while the petitioner is under
9sentence for any criminal offense, including any period during
10which the petitioner is on court-imposed probation or parole. No
11petition shall be considered while there is an accusation or petition
12to revoke probation pending against the person. The board may
13deny without a hearing or argument any petition filed pursuant to
14this section within a period of two years from the effective date of
15the prior decision following a hearing under this section.

end insert
16begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 2563 of the end insertbegin insertBusiness and Professions Codeend insert
17begin insert is amended to read:end insert

18

2563.  

A certificate issued to a registered contact lens dispenser
19may in the discretion of thebegin delete divisionend deletebegin insert boardend insert bebegin delete suspended or revokedend delete
20begin insert suspended, revoked, or placed on probationend insert for violating or
21attempting to violate any provision of this chapter or any regulation
22adopted under this chapter, or for incompetence, gross negligence,
23or repeated similar negligent acts performed by the certificate
24holder. A certificate may also bebegin delete suspended or revokedend deletebegin insert suspended,
25revoked, or placed on probationend insert
if the individual certificate holder
26has been convicted of a felony as provided in Section 2555.1.

27Any proceedings under this section shall be conducted in
28accordance with Chapter 5 (commencing with Section 11500) of
29Part 1 of Division 3 of Title 2 of the Government Code, and the
30division shall have all the powers granted therein.

31begin insert

begin insertSEC. 31.end insert  

end insert

begin insertSection 2563.5 is added to the end insertbegin insertBusiness and
32Professions Code
end insert
begin insert, to read:end insert

begin insert
33

begin insert2563.5.end insert  

(a) A person whose certificate has been surrendered
34while under investigation or while charges are pending or whose
35certificate has been revoked or suspended or placed on probation,
36may petition the board for reinstatement or modification of penalty,
37including modification or termination of probation.

38(b) The person may file the petition after a period of not less
39than the following minimum periods have elapsed from the effective
P35   1date of the surrender of the certificate or the decision ordering
2that disciplinary action:

3(1) At least three years for reinstatement of certificate
4surrendered or revoked for unprofessional conduct, except that
5the board may, for good cause shown, specify in a revocation order
6that a petition for reinstatement may be filed after two years.

7(2) At least two years for early termination of probation of three
8years or more.

9(3) At least one year for modification of a condition, or
10reinstatement of a certificate surrendered or revoked for mental
11or physical illness, or termination of probation of less than three
12years.

13(c) The petition shall state any facts as may be required by the
14board. The petition shall be accompanied by at least two verified
15recommendations from certificants licensed or registered in any
16state who have personal knowledge of the activities of the petitioner
17since the disciplinary penalty was imposed.

18(d) The petition may be heard by a panel of the board. The board
19may assign the petition to an administrative law judge designated
20in Section 11371 of the Government Code. After a hearing on the
21petition, the administrative law judge shall provide a proposed
22decision to the board, which shall be acted upon in accordance
23with Section 2335.

24(e) The panel of the board or the administrative law judge
25hearing the petition may consider all activities of the petitioner
26since the disciplinary action was taken, the offense for which the
27petitioner was disciplined, the petitioner’s activities during the
28time the certificate was in good standing, and the petitioner’s
29rehabilitative efforts, general reputation for truth, and professional
30ability. The hearing may be continued from time to time as the
31administrative law judge designated in Section 11371 of the
32Government Code finds necessary.

33(f) The administrative law judge, designated in Section 11371
34of the Government Code, reinstating a certificate or modifying a
35penalty may recommend the imposition of any terms and conditions
36deemed necessary.

37(g) No petition shall be considered while the petitioner is under
38sentence for any criminal offense, including any period during
39which the petitioner is on court-imposed probation or parole. No
40petition shall be considered while there is an accusation or petition
P36   1to revoke probation pending against the person. The board may
2deny without a hearing or argument any petition filed pursuant to
3this section within a period of two years from the effective date of
4the prior decision following a hearing under this section.

end insert
5begin insert

begin insertSEC. 32.end insert  

end insert

begin insertSection 2565 of the end insertbegin insertBusiness and Professions Codeend insert
6begin insert is amended to read:end insert

7

2565.  

The amount of fees prescribed in connection with the
8registration of dispensing opticians shall be as set forth in this
9section unless a lower fee is fixed by thebegin delete division:end deletebegin insert board:end insert

10(a) The initial registration fee is one hundred dollars ($100).

11(b) The renewal fee is one hundred dollars ($100).

12(c) The delinquency fee is twenty-five dollars ($25).

13(d) The fee for replacement of a lost, stolen, or destroyed
14certificate is twenty-five dollars ($25).

begin delete15This section shall become operative on January 1, 1988.end delete begin insert

16(e) A registrant placed on probation shall be required to pay
17probation monitoring fees upon order of the board.

end insert

18begin insert

begin insertSEC. 33.end insert  

end insert

begin insertSection 2566 of the end insertbegin insertBusiness and Professions Codeend insert
19begin insert is amended to read:end insert

20

2566.  

The amount of fees prescribed in connection with
21certificates for contact lens dispensers, unless a lower fee is fixed
22by thebegin delete division,end deletebegin insert board,end insert is as follows:

23(a) The application fee for a registered contact lens dispenser
24shall be one hundred dollars ($100).

25(b) The biennial fee for the renewal of certificates shall be fixed
26by thebegin delete divisionend deletebegin insert boardend insert in an amount not to exceed one hundred
27dollars ($100).

28(c) The delinquency fee is twenty-five dollars ($25).

29(d) Thebegin delete divisionend deletebegin insert boardend insert may by regulation provide for a refund
30of a portion of the application fee to applicants who do not meet
31the requirements for registration.

32(e) The fee for replacement of a lost, stolen, or destroyed
33certificate is twenty-five dollars ($25).

begin delete

34This section shall become operative on January 1, 1988.

end delete
begin insert

35(f) A registrant placed on probation shall be required to pay
36probation monitoring fees upon order of the board.

end insert
37begin insert

begin insertSEC. 34.end insert  

end insert

begin insertSection 2566.1 of the end insertbegin insertBusiness and Professions Codeend insert
38begin insert is amended to read:end insert

P37   1

2566.1.  

The amount of fees prescribed in connection with
2certificates for spectacle lens dispensers shall be as set forth in this
3section unless a lower fee is fixed by thebegin delete division:end deletebegin insert board:end insert

4(a) The initial registration fee is one hundred dollars ($100).

5(b) The renewal fee shall be one hundred dollars ($100).

6(c) The delinquency fee is twenty-five dollars ($25).

7(d) The fee for replacement of a lost, stolen or destroyed
8certificate is twenty-five dollars ($25).

begin insert

9(e) A registrant placed on probation shall be required to pay
10probation monitoring fees upon order of the board.

end insert
11

begin deleteSEC. 20.end delete
12begin insertSEC. 35.end insert  

Section 2650 of the Business and Professions Code
13 is amended to read:

14

2650.  

(a) The physical therapist education requirements are
15as follows:

16(1) Except as otherwise provided in this chapter, each applicant
17for a license as a physical therapist shall be a graduate of a
18professional degree program of an accredited postsecondary
19institution or institutions approved by the board and shall have
20completed a professional education program including academic
21course work and clinical internship in physical therapy.

22(2) Unless otherwise specified by the board by regulation, the
23educational requirements shall include instruction in the subjects
24prescribed by the Commission on Accreditation in Physical
25Therapy Education (CAPTE) of the American Physical Therapy
26Association or Physiotherapy Education Accreditation Canada and
27shall include a combination of didactic and clinical experiences.
28The clinical experience shall include at least 18 weeks of full-time
29experience with a variety of patients.

30(b) The physical therapist assistant educational requirements
31are as follows:

32(1) Except as otherwise provided in this chapter, each applicant
33for a license as a physical therapist assistant shall be a graduate of
34a physical therapist assistant program of an accredited
35postsecondary institution or institutions approved by the board,
36and shall have completed both the academic and clinical experience
37required by the physical therapist assistant program, and have been
38awarded an associate degree.

39(2) Unless otherwise specified by the board by regulation, the
40educational requirements shall include instruction in the subjects
P38   1prescribed by the CAPTE of the American Physical Therapy
2Association or Physiotherapy Education Accreditation Canada or
3another body as may be approved by the board by regulation and
4shall include a combination of didactic and clinical experiences.

5

begin deleteSEC. 21.end delete
6begin insertSEC. 36.end insert  

The heading of Article 3.1 (commencing with Section
72770) of Chapter 6 of Division 2 of the Business and Professions
8Code
is amended to read:

9 

10Article 3.1.  Intervention Program
11

 

12

begin deleteSEC. 22.end delete
13begin insertSEC. 37.end insert  

Section 2770 of the Business and Professions Code
14 is amended to read:

15

2770.  

It is the intent of the Legislature that the Board of
16Registered Nursing seek ways and means to identify and
17rehabilitate registered nurses whose competency may be impaired
18due to abuse of alcohol and other drugs, or due to mental illness
19so that registered nurses so afflicted may be rehabilitated and
20returned to the practice of nursing in a manner that will not
21endanger the public health and safety. It is also the intent of the
22Legislature that the Board of Registered Nursing shall implement
23this legislation by establishing an intervention program as a
24voluntary alternative to traditional disciplinary actions.

25

begin deleteSEC. 23.end delete
26begin insertSEC. 38.end insert  

Section 2770.1 of the Business and Professions Code
27 is amended to read:

28

2770.1.  

As used in this article:

29(a) “Board” means the Board of Registered Nursing.

30(b) “Committee” means a an intervention evaluation committee
31created by this article.

32(c) “Program manager” means the staff manager of the
33intervention program, as designated by the executive officer of the
34board. The program manager shall have background experience
35in dealing with substance abuse issues.

36

begin deleteSEC. 24.end delete
37begin insertSEC. 39.end insert  

Section 2770.2 of the Business and Professions Code
38 is amended to read:

39

2770.2.  

One or more intervention evaluation committees is
40hereby created in the state to be established by the board. Each
P39   1committee shall be composed of five persons appointed by the
2board. No board member shall serve on any committee.

3Each committee shall have the following composition:

4(a) Three registered nurses, holding active California licenses,
5who have demonstrated expertise in the field of chemical
6dependency or psychiatric nursing.

7(b) One physician, holding an active California license, who
8specializes in the diagnosis and treatment of addictive diseases or
9mental illness.

10(c) One public member who is knowledgeable in the field of
11chemical dependency or mental illness.

12It shall require a majority vote of the board to appoint a person
13to a committee. Each appointment shall be at the pleasure of the
14board for a term not to exceed four years. In its discretion the board
15may stagger the terms of the initial members appointed.

16

begin deleteSEC. 25.end delete
17begin insertSEC. 40.end insert  

Section 2770.7 of the Business and Professions Code
18 is amended to read:

19

2770.7.  

(a) The board shall establish criteria for the acceptance,
20denial, or termination of registered nurses in the intervention
21program. Only those registered nurses who have voluntarily
22requested to participate in the intervention program shall participate
23in the program.

24(b) A registered nurse under current investigation by the board
25may request entry into the intervention program by contacting the
26board. Prior to authorizing a registered nurse to enter into the
27intervention program, the board may require the registered nurse
28under current investigation for any violations of this chapter or
29any other provision of this code to execute a statement of
30understanding that states that the registered nurse understands that
31his or her violations that would otherwise be the basis for discipline
32may still be investigated and may be the subject of disciplinary
33action.

34(c) If the reasons for a current investigation of a registered nurse
35are based primarily on the self-administration of any controlled
36substance or dangerous drug or alcohol under Section 2762, or the
37illegal possession, prescription, or nonviolent procurement of any
38controlled substance or dangerous drug for self-administration that
39does not involve actual, direct harm to the public, the board shall
40close the investigation without further action if the registered nurse
P40   1is accepted into the board’s intervention program and successfully
2completes the program. If the registered nurse withdraws or is
3terminated from the program by a intervention evaluation
4committee, and the termination is approved by the program
5manager, the investigation shall be reopened and disciplinary action
6imposed, if warranted, as determined by the board.

7(d) Neither acceptance nor participation in the intervention
8program shall preclude the board from investigating or continuing
9to investigate, or taking disciplinary action or continuing to take
10disciplinary action against, any registered nurse for any
11unprofessional conduct committed before, during, or after
12participation in the intervention program.

13(e) All registered nurses shall sign an agreement of
14understanding that the withdrawal or termination from the
15intervention program at a time when the program manager or
16intervention evaluation committee determines the licentiate presents
17a threat to the public’s health and safety shall result in the
18utilization by the board of intervention program treatment records
19in disciplinary or criminal proceedings.

20(f) Any registered nurse terminated from the intervention
21program for failure to comply with program requirements is subject
22to disciplinary action by the board for acts committed before,
23during, and after participation in the intervention program. A
24registered nurse who has been under investigation by the board
25and has been terminated from the intervention program by a
26intervention evaluation committee shall be reported by the
27intervention evaluation committee to the board.

28

begin deleteSEC. 26.end delete
29begin insertSEC. 41.end insert  

Section 2770.8 of the Business and Professions Code
30 is amended to read:

31

2770.8.  

A committee created under this article operates under
32the direction of the intervention program manager. The program
33manager has the primary responsibility to review and evaluate
34recommendations of the committee. Each committee shall have
35the following duties and responsibilities:

36(a) To evaluate those registered nurses who request participation
37in the program according to the guidelines prescribed by the board,
38and to make recommendations.

39(b) To review and designate those treatment services to which
40registered nurses in an intervention program may be referred.

P41   1(c) To receive and review information concerning a registered
2nurse participating in the program.

3(d) To consider in the case of each registered nurse participating
4in a program whether he or she may with safety continue or resume
5the practice of nursing.

6(e) To call meetings as necessary to consider the requests of
7registered nurses to participate in an intervention program, and to
8consider reports regarding registered nurses participating in a
9program.

10(f) To make recommendations to the program manager regarding
11the terms and conditions of the intervention agreement for each
12registered nurse participating in the program, including treatment,
13supervision, and monitoring requirements.

14

begin deleteSEC. 27.end delete
15begin insertSEC. 42.end insert  

Section 2770.10 of the Business and Professions Code
16 is amended to read:

17

2770.10.  

Notwithstanding Article 9 (commencing with Section
1811120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
19Government Code, relating to public meetings, a committee may
20convene in closed session to consider reports pertaining to any
21registered nurse requesting or participating in an intervention
22program. A committee shall only convene in closed session to the
23extent that it is necessary to protect the privacy of such a licentiate.

24

begin deleteSEC. 28.end delete
25begin insertSEC. 43.end insert  

Section 2770.11 of the Business and Professions Code
26 is amended to read:

27

2770.11.  

(a) Each registered nurse who requests participation
28in an intervention program shall agree to cooperate with the
29rehabilitation program designed by the committee and approved
30by the program manager. Any failure to comply with a
31rehabilitation program may result in termination of the registered
32nurse’s participation in a program. The name and license number
33of a registered nurse who is terminated for any reason, other than
34successful completion, shall be reported to the board’s enforcement
35program.

36(b) If the program manager determines that a registered nurse,
37who is denied admission into the program or terminated from the
38program, presents a threat to the public or his or her own health
39and safety, the program manager shall report the name and license
40number, along with a copy of all intervention program records for
P42   1that registered nurse, to the board’s enforcement program. The
2board may use any of the records it receives under this subdivision
3in any disciplinary proceeding.

4

begin deleteSEC. 29.end delete
5begin insertSEC. 44.end insert  

Section 2770.12 of the Business and Professions Code
6 is amended to read:

7

2770.12.  

(a) After the committee and the program manager
8in their discretion have determined that a registered nurse has
9successfully completed the intervention program, all records
10pertaining to the registered nurse’s participation in the intervention
11program shall be purged.

12(b) All board and committee records and records of a proceeding
13pertaining to the participation of a registered nurse in the
14intervention program shall be kept confidential and are not subject
15to discovery or subpoena, except as specified in subdivision (b)
16of Section 2770.11 and subdivision (c).

17(c) A registered nurse shall be deemed to have waived any rights
18granted by any laws and regulations relating to confidentiality of
19the intervention program, if he or she does any of the following:

20(1) Presents information relating to any aspect of the intervention
21program during any stage of the disciplinary process subsequent
22to the filing of an accusation, statement of issues, or petition to
23compel an examination pursuant to Article 12.5 (commencing with
24Section 820) of Chapter 1. The waiver shall be limited to
25information necessary to verify or refute any information disclosed
26by the registered nurse.

27(2) Files a lawsuit against the board relating to any aspect of
28the intervention program.

29(3) Claims in defense to a disciplinary action, based on a
30complaint that led to the registered nurse’s participation in the
31intervention program, that he or she was prejudiced by the length
32of time that passed between the alleged violation and the filing of
33the accusation. The waiver shall be limited to information necessary
34to document the length of time the registered nurse participated in
35the intervention program.

36

begin deleteSEC. 30.end delete
37begin insertSEC. 45.end insert  

Section 2770.13 of the Business and Professions Code
38 is amended to read:

39

2770.13.  

The board shall provide for the legal representation
40of any person making reports under this article to a committee or
P43   1the board in any action for defamation directly resulting from those
2reports regarding a registered nurse’s participation in a intervention
3program.

4

begin deleteSEC. 31.end delete
5begin insertSEC. 46.end insert  

Section 2835.5 of the Business and Professions Code
6 is amended to read:

7

2835.5.  

On and after January 1, 2008, an applicant for initial
8qualification or certification as a nurse practitioner under this article
9who has not been qualified or certified as a nurse practitioner in
10California or any other state shall meet the following requirements:

11(a) Hold a valid and active registered nursing license issued
12under this chapter.

13(b) Possess a master’s degree in nursing, a master’s degree in
14a clinical field related to nursing, or a graduate degree in nursing.

15(c) Satisfactorily complete a nurse practitioner program
16approved by the board.

17

begin deleteSEC. 32.end delete
18begin insertSEC. 47.end insert  

Section 2914 of the Business and Professions Code
19 is amended to read:

20

2914.  

Each applicant for licensure shall comply with all of the
21following requirements:

22(a) Is not subject to denial of licensure under Division 1.5
23(commencing with Section 475).

24(b) Possess an earned doctorate degree (1) in psychology, (2)
25in educational psychology, or (3) in education with the field of
26specialization in counseling psychology or educational psychology.
27Except as provided in subdivision (g), this degree or training shall
28be obtained from an accredited university, college, or professional
29school. The board shall make the final determination as to whether
30a degree meets the requirements of this section.

31No educational institution shall be denied recognition as an
32accredited academic institution solely because its program is not
33accredited by any professional organization of psychologists, and
34nothing in this chapter or in the administration of this chapter shall
35require the registration with the board by educational institutions
36of their departments of psychology or their doctoral programs in
37psychology.

38An applicant for licensure trained in an educational institution
39outside the United States or Canada shall demonstrate to the
40satisfaction of the board that he or she possesses a doctorate degree
P44   1in psychology that is equivalent to a degree earned from a
2regionally accredited university in the United States or Canada.
3These applicants shall provide the board with a comprehensive
4evaluation of the degree performed by a foreign credential
5evaluation service that is a member of the National Association
6of Credential Evaluation Services (NACES), and any other
7documentation the board deems necessary.

8(c) Have engaged for at least two years in supervised
9professional experience under the direction of a licensed
10psychologist, the specific requirements of which shall be defined
11by the board in its regulations, or under suitable alternative
12supervision as determined by the board in regulations duly adopted
13under this chapter, at least one year of which shall be after being
14awarded the doctorate in psychology. If the supervising licensed
15psychologist fails to provide verification to the board of the
16experience required by this subdivision within 30 days after being
17so requested by the applicant, the applicant may provide written
18verification directly to the board.

19If the applicant sends verification directly to the board, the
20applicant shall file with the board a declaration of proof of service,
21under penalty of perjury, of the request for verification. A copy of
22the completed verification forms shall be provided to the
23supervising psychologist and the applicant shall prove to the board
24that a copy has been sent to the supervising psychologist by filing
25a declaration of proof of service under penalty of perjury, and shall
26file this declaration with the board when the verification forms are
27submitted.

28Upon receipt by the board of the applicant’s verification and
29declarations, a rebuttable presumption affecting the burden of
30producing evidence is created that the supervised, professional
31experience requirements of this subdivision have been satisfied.
32The supervising psychologist shall have 20 days from the day the
33board receives the verification and declaration to file a rebuttal
34with the board.

35The authority provided by this subdivision for an applicant to
36file written verification directly shall apply only to an applicant
37who has acquired the experience required by this subdivision in
38the United States.

P45   1The board shall establish qualifications by regulation for
2supervising psychologists and shall review and approve applicants
3for this position on a case-by-case basis.

4(d) Take and pass the examination required by Section 2941
5unless otherwise exempted by the board under this chapter.

6(e) Show by evidence satisfactory to the board that he or she
7has completed training in the detection and treatment of alcohol
8and other chemical substance dependency. This requirement applies
9only to applicants who matriculate on or after September 1, 1985.

10(f) (1) Show by evidence satisfactory to the board that he or
11she has completed coursework in spousal or partner abuse
12assessment, detection, and intervention. This requirement applies
13to applicants who began graduate training during the period
14commencing on January 1, 1995, and ending on December 31,
152003.

16(2) An applicant who began graduate training on or after January
171, 2004, shall show by evidence satisfactory to the board that he
18or she has completed a minimum of 15 contact hours of coursework
19in spousal or partner abuse assessment, detection, and intervention
20strategies, including knowledge of community resources, cultural
21factors, and same gender abuse dynamics. An applicant may request
22an exemption from this requirement if he or she intends to practice
23in an area that does not include the direct provision of mental health
24services.

25(3) Coursework required under this subdivision may be
26 satisfactory if taken either in fulfillment of other educational
27requirements for licensure or in a separate course. This requirement
28for coursework shall be satisfied by, and the board shall accept in
29satisfaction of the requirement, a certification from the chief
30academic officer of the educational institution from which the
31applicant graduated that the required coursework is included within
32the institution’s required curriculum for graduation.

33(g) An applicant holding a doctoral degree in psychology from
34an approved institution is deemed to meet the requirements of this
35section if both of the following are true:

36(1) The approved institution offered a doctoral degree in
37psychology designed to prepare students for a license to practice
38psychology and was approved by the Bureau for Private
39Postsecondary and Vocational Education on or before July 1, 1999.

P46   1(2) The approved institution has not, since July 1, 1999, had a
2new location, as described in Section 94823.5 of the Education
3Code.

4

begin deleteSEC. 33.end delete
5begin insertSEC. 48.end insert  

Section 3057 of the Business and Professions Code
6 is amended to read:

7

3057.  

(a) The board may issue a license to practice optometry
8to a person who meets all of the following requirements:

9(1) Has a degree as a doctor of optometry issued by an accredited
10school or college of optometry.

11(2) Has successfully passed the licensing examination for an
12optometric license in another state.

13(3) Submits proof that he or she is licensed in good standing as
14of the date of application in every state where he or she holds a
15license, including compliance with continuing education
16requirements.

17(4) Is not subject to disciplinary action as set forth in subdivision
18(h) of Section 3110. If the person has been subject to disciplinary
19action, the board shall review that action to determine if it presents
20sufficient evidence of a violation of this chapter to warrant the
21submission of additional information from the person or the denial
22of the application for licensure.

23(5) Has furnished a signed release allowing the disclosure of
24information from the Healthcare Integrity and Protection Data
25Bank and, if applicable, the verification of registration status with
26the federal Drug Enforcement Administration. The board shall
27review this information to determine if it presents sufficient
28evidence of a violation of this chapter to warrant the submission
29of additional information from the person or the denial of the
30application for licensure.

31(6) Has never had his or her license to practice optometry
32revoked or suspended in any state where the person holds a license.

33(7) (A) Is not subject to denial of an application for licensure
34based on any of the grounds listed in Section 480.

35(B) Is not currently required to register as a sex offender
36pursuant to Section 290 of the Penal Code.

37(8) Has met the minimum continuing education requirements
38set forth in Section 3059 for the current and preceding year.

P47   1(9) Has met the certification requirements of Section 3041.3 to
2use therapeutic pharmaceutical agents under subdivision (e) of
3Section 3041.

4(10) Submits any other information as specified by the board
5to the extent it is required for licensure by examination under this
6chapter.

7(11) Files an application on a form prescribed by the board,
8with an acknowledgment by the person executed under penalty of
9perjury and automatic forfeiture of license, of the following:

10(A) That the information provided by the person to the board
11is true and correct, to the best of his or her knowledge and belief.

12(B) That the person has not been convicted of an offense
13involving conduct that would violate Section 810.

14(12) Pays an application fee in an amount equal to the
15application fee prescribed pursuant to subdivision (a) of Section
163152.

17(13) Has successfully passed the board’s jurisprudence
18examination.

19(b) If the board finds that the competency of a candidate for
20licensure pursuant to this section is in question, the board may
21require the passage of a written, practical, or clinical exam or
22completion of additional continuing education or coursework.

23(c) In cases where the person establishes, to the board’s
24satisfaction, that he or she has been displaced by a federally
25declared emergency and cannot relocate to his or her state of
26practice within a reasonable time without economic hardship, the
27board may reduce or waive the fees required by paragraph (12) of
28subdivision (a).

29(d) Any license issued pursuant to this section shall expire as
30provided in Section 3146, and may be renewed as provided in this
31chapter, subject to the same conditions as other licenses issued
32under this chapter.

33(e) The term “in good standing,” as used in this section, means
34that a person under this section:

35(1) Is not currently under investigation nor has been charged
36with an offense for any act substantially related to the practice of
37optometry by any public agency, nor entered into any consent
38agreement or subject to an administrative decision that contains
39conditions placed by an agency upon a person’s professional
40conduct or practice, including any voluntary surrender of license,
P48   1nor been the subject of an adverse judgment resulting from the
2practice of optometry that the board determines constitutes
3evidence of a pattern of incompetence or negligence.

4(2) Has no physical or mental impairment related to drugs or
5alcohol, and has not been found mentally incompetent by a licensed
6psychologist or licensed psychiatrist so that the person is unable
7to undertake the practice of optometry in a manner consistent with
8the safety of a patient or the public.

9

begin deleteSEC. 34.end delete
10begin insertSEC. 49.end insert  

Section 3509.5 of the Business and Professions Code
11 is amended to read:

12

3509.5.  

The board shall elect annually a president and a vice
13president from among its members.

14begin insert

begin insertSEC. 50.end insert  

end insert

begin insertSection 3576 of the end insertbegin insertBusiness and Professions Codeend insert
15begin insert is amended to read:end insert

16

3576.  

(a) A registration under this chapter may be denied,
17suspended, revoked,begin insert placed on probation,end insert or otherwise subjected
18to discipline for any of the following by the holder:

19(1) Incompetence, gross negligence, or repeated similar
20negligent acts performed by the registrant.

21(2) An act of dishonesty or fraud.

22(3) Committing any act or being convicted of a crime
23constituting grounds for denial of licensure or registration under
24Section 480.

25(4) Violating or attempting to violate any provision of this
26chapter or any regulation adopted under this chapter.

27(b) Proceedings under this section shall be conducted in
28accordance with Chapter 5 (commencing with Section 11500) of
29Part 1 of Division 3 of Title 2 of the Government Code, and the
30board shall have all powers granted therein.

31begin insert

begin insertSEC. 51.end insert  

end insert

begin insertSection 3576.5 is added to the end insertbegin insertBusiness and
32Professions Code
end insert
begin insert, to read:end insert

begin insert
33

begin insert3576.5.end insert  

(a) A person whose registration has been surrendered
34while under investigation or while charges are pending or whose
35registration has been revoked or suspended or placed on probation,
36may petition the board for reinstatement or modification of penalty,
37including modification or termination of probation.

38(b) The person may file the petition after a period of not less
39than the following minimum periods have elapsed from the effective
P49   1date of the surrender of the registration or the decision ordering
2that disciplinary action:

3(1) At least three years for reinstatement of a registration
4surrendered or revoked for unprofessional conduct, except that
5the board may, for good cause shown, specify in a revocation order
6that a petition for reinstatement may be filed after two years.

7(2) At least two years for early termination of probation of three
8years or more.

9(3) At least one year for modification of a condition, or
10reinstatement of a registration surrendered or revoked for mental
11or physical illness, or termination of probation of less than three
12years.

13(c) The petition shall state any facts as may be required by the
14board. The petition shall be accompanied by at least two verified
15recommendations from registrants registered in any state who
16have personal knowledge of the activities of the petitioner since
17the disciplinary penalty was imposed.

18(d) The petition may be heard by a panel of the board. The board
19may assign the petition to an administrative law judge designated
20in Section 11371 of the Government Code. After a hearing on the
21petition, the administrative law judge shall provide a proposed
22decision to the board, which shall be acted upon in accordance
23with Section 2335.

24(e) The panel of the board or the administrative law judge
25hearing the petition may consider all activities of the petitioner
26since the disciplinary action was taken, the offense for which the
27petitioner was disciplined, the petitioner’s activities during the
28time the certificate was in good standing, and the petitioner’s
29rehabilitative efforts, general reputation for truth, and professional
30ability. The hearing may be continued from time to time as the
31administrative law judge designated in Section 11371 of the
32Government Code finds necessary.

33(f) The administrative law judge, designated in Section 11371
34of the Government Code, reinstating a certificate or modifying a
35penalty may recommend the imposition of any terms and conditions
36deemed necessary.

37(g) No petition shall be considered while the petitioner is under
38sentence for any criminal offense, including any period during
39which the petitioner is on court-imposed probation or parole. No
40petition shall be considered while there is an accusation or petition
P50   1to revoke probation pending against the person. The board may
2deny without a hearing or argument any petition filed pursuant to
3this section within a period of two years from the effective date of
4the prior decision following a hearing under this section.

end insert
5begin insert

begin insertSEC. 52.end insert  

end insert

begin insertSection 3577 of the end insertbegin insertBusiness and Professions Codeend insert
6begin insert is amended to read:end insert

7

3577.  

(a) Each person who applies for registration under this
8chapter shall pay into the Contingent Fund of the Medical Board
9of California a fee to be fixed by the board at a sum not in excess
10of one hundred dollars ($100).

11(b) Each person to whom registration is granted under this
12chapter shall pay into the Contingent Fund of the Medical Board
13of California a fee to be fixed by the board at a sum not in excess
14of one hundred dollars ($100).

15(c) The registration shall expire after two years. The registration
16may be renewed biennially at a fee which shall be paid into the
17Contingent Fund of the Medical Board of California to be fixed
18by the board at a sum not in excess of one hundred fifty dollars
19 ($150).

begin insert

20(d) A registrant placed on probation shall be required to pay
21probation monitoring fees upon order of the board.

end insert
begin delete

22(d)

end delete

23begin insert(e)end insert The money in the Contingent Fund of the Medical Board of
24California that is collected pursuant to this section shall be used
25for the administration of this chapter.

26

begin deleteSEC. 35.end delete
27begin insertSEC. 53.end insert  

Section 4836.2 of the Business and Professions Code
28 is amended to read:

29

4836.2.  

(a) Applications for a veterinary assistant controlled
30substance permit shall be upon a form furnished by the board.

31(b) The fee for filing an application for a veterinary assistant
32controlled substance permit shall be set by the board in an amount
33the board determines is reasonably necessary to provide sufficient
34funds to carry out the purposes of this section, not to exceed one
35hundred dollars ($100).

36(c) The board may suspend or revoke the controlled substance
37permit of a veterinary assistant after notice and hearing for any
38cause provided in this subdivision. The proceedings under this
39section shall be conducted in accordance with the provisions for
40administrative adjudication in Chapter 5 (commencing with Section
P51   111500) of Part 1 of Division 3 of Title 2 of the Government Code,
2and the board shall have all the powers granted therein. The board
3may deny, revoke, or suspend a veterinary assistant controlled
4substance permit for any of the following reasons:

5(1) The employment of fraud, misrepresentation, or deception
6in obtaining a veterinary assistant controlled substance permit.

7(2) Chronic inebriety or habitual use of controlled substances.

8(3) The veterinary assistant to whom the permit is issued has
9been convicted of a state or federal felony controlled substance
10violation.

11(4) Violating or attempts to violate, directly or indirectly, or
12assisting in or abetting the violation of, or conspiring to violate,
13any provision of this chapter, or of the regulations adopted under
14this chapter.

15(d) The board shall not issue a veterinary assistant controlled
16substance permit to any applicant with a state or federal felony
17controlled substance conviction.

18(e) (1) As part of the application for a veterinary assistant
19controlled substance permit, the applicant shall submit to the
20Department of Justice fingerprint images and related information,
21as required by the Department of Justice for all veterinary assistant
22applicants, for the purposes of obtaining information as to the
23existence and content of a record of state or federal convictions
24and state or federal arrests and information as to the existence and
25content of a record of state or federal arrests for which the
26Department of Justice establishes that the person is free on bail or
27 on his or her own recognizance pending trial or appeal.

28(2) When received, the Department of Justice shall forward to
29the Federal Bureau of Investigation requests for federal summary
30criminal history information that it receives pursuant to this section.
31The Department of Justice shall review any information returned
32to it from the Federal Bureau of Investigation and compile and
33disseminate a response to the board summarizing that information.

34(3) The Department of Justice shall provide a state or federal
35level response to the board pursuant to paragraph (1) of subdivision
36(p) of Section 11105 of the Penal Code.

37(4) The Department of Justice shall charge a reasonable fee
38sufficient to cover the cost of processing the request described in
39this subdivision.

P52   1(f) The board shall request from the Department of Justice
2subsequent notification service, as provided pursuant to Section
311105.2 of the Penal Code, for persons described in paragraph (1)
4of subdivision (e).

5(g) This section shall become operative on July 1, 2015.

6begin insert

begin insertSEC. 54.end insert  

end insert

begin insertSection 4887 of the end insertbegin insertBusiness and Professions Codeend insert
7begin insert is amended to read:end insert

8

4887.  

begin insert(a)end insertbegin insertend insert A person whose license or registration has been
9revoked or who has been placed on probation may petition the
10board for reinstatement or modification of penalty including
11modification or termination of probation after a period of not less
12than one year has elapsed from the effective date of the decision
13ordering the disciplinary action. The petition shall state such facts
14as may be required by the board.

begin delete

15 The

end delete

16begin insert(b)end insertbegin insertend insertbegin insertTheend insert petition shall be accompanied by at least two verified
17recommendations from veterinarians licensed by the board who
18have personal knowledge of the activities of the petitioner since
19the disciplinary penalty was imposed. The petition shall be heard
20by the board. The board may consider all activities of the petitioner
21since the disciplinary action was taken, the offense for which the
22petitioner was disciplined, the petitioner’s activities since the
23license or registration was in good standing, and the petitioner’s
24rehabilitation efforts, general reputation for truth, and professional
25ability. The hearing may be continued from time to time as the
26board finds necessary.

begin delete

27 The

end delete

28begin insert(c)end insertbegin insertend insertbegin insertTheend insert board reinstating the license or registration or modifying
29a penalty may imposebegin delete suchend delete terms and conditions as it determines
30necessary. To reinstate a revoked license or registration or to
31otherwise reduce a penalty or modify probation shall require a
32vote of five of the members of the board.

begin delete

33 The

end delete

34begin insert(d)end insertbegin insertend insertbegin insertTheend insert petition shallbegin insert notend insert be considered while the petitioner is
35under sentence for any criminal offense, including any period
36during which the petitioner is on court-imposed probation or parole.
37The board may deny without a hearing or argument any petition
38filed pursuant to this section within a period of two years from the
39effective date of the prior decision following a hearing under this
40section.

P53   1

begin deleteSEC. 36.end delete
2begin insertSEC. 55.end insert  

Section 4938 of the Business and Professions Code
3 is amended to read:

4

4938.  

The board shall issue a license to practice acupuncture
5to any person who makes an application and meets the following
6requirements:

7(a) Is at least 18 years of age.

8(b) Furnishes satisfactory evidence of completion of one of the
9following:

10(1) (A) An approved educational and training program.

11(B) If an applicant began his or her educational and training
12program at a school or college that submitted a letter of intent to
13pursue accreditation to, or attained candidacy status from, the
14Accreditation Commission for Acupuncture and Oriental Medicine,
15but the commission subsequently denied the school or college
16candidacy status or accreditation, respectively, the board may
17review and evaluate the educational training and clinical experience
18to determine whether to waive the requirements set forth in this
19subdivision with respect to that applicant.

20(2) Satisfactory completion of a tutorial program in the practice
21of an acupuncturist that is approved by the board.

22(3) In the case of an applicant who has completed education
23and training outside the United States, documented educational
24training and clinical experience that meets the standards established
25pursuant to Sections 4939 and 4941.

26(c) Passes a written examination administered by the board that
27tests the applicant’s ability, competency, and knowledge in the
28practice of an acupuncturist. The written examination shall be
29developed by the Office of Professional Examination Services of
30the Department of Consumer Affairs.

31(d) Is not subject to denial pursuant to Division 1.5 (commencing
32with Section 475).

33(e) Completes a clinical internship training program approved
34by the board. The clinical internship training program shall not
35exceed nine months in duration and shall be located in a clinic in
36this state that is an approved educational and training program.
37The length of the clinical internship shall depend upon the grades
38received in the examination and the clinical training already
39satisfactorily completed by the individual prior to taking the
40examination. On and after January 1, 1987, individuals with 800
P54   1or more hours of documented clinical training shall be deemed to
2have met this requirement. The purpose of the clinical internship
3training program shall be to ensure a minimum level of clinical
4competence.

5Each applicant who qualifies for a license shall pay, as a
6condition precedent to its issuance and in addition to other fees
7required, the initial licensure fee.

8

begin deleteSEC. 37.end delete
9begin insertSEC. 56.end insert  

Section 4939 of the Business and Professions Code,
10as added by Section 9 of Chapter 397 of the Statutes of 2014, is
11amended to read:

12

4939.  

(a) The board shall establish standards for the approval
13of educational training and clinical experience received outside
14the United States.

15(b) This section shall become operative on January 1, 2017.

16

begin deleteSEC. 38.end delete
17begin insertSEC. 57.end insert  

Section 4980.399 of the Business and Professions
18Code
is amended to read:

19

4980.399.  

(a) Except as provided in subdivision (a) of Section
204980.398, each applicant and registrant shall obtain a passing score
21on a board-administered California law and ethics examination in
22order to qualify for licensure.

23(b) A registrant shall participate in a board-administered
24California law and ethics examination prior to his or her registration
25renewal.

26(c) Notwithstanding subdivision (b), an applicant who holds a
27registration eligible for renewal, with an expiration date no later
28than June 30, 2016, and who applies for renewal of that registration
29between January 1, 2016, and June 30, 2016, shall, if eligible, be
30allowed to renew the registration without first participating in the
31California law and ethics examination. These applicants shall
32participate in the California law and ethics examination in the next
33renewal cycle, and shall pass the examination prior to licensure or
34issuance of a subsequent registration number, as specified in this
35section.

36(d) If an applicant fails the California law and ethics
37examination, he or she may retake the examination, upon payment
38of the required fees, without further application except as provided
39in subdivision (e).

P55   1(e) If a registrant fails to obtain a passing score on the California
2law and ethics examination described in subdivision (a) within his
3or her renewal period on or after the operative date of this section,
4he or she shall complete, at a minimum, a 12-hour course in
5California law and ethics in order to be eligible to participate in
6the California law and ethics examination. Registrants shall only
7take the 12-hour California law and ethics course once during a
8renewal period. The 12-hour law and ethics course required by
9this section shall be taken through a continuing education provider
10as specified by the board by regulation, a county, state or
11governmental entity, or a college or university.

12(f) The board shall not issue a subsequent registration number
13unless the registrant has passed the California law and ethics
14examination.

15(g) Notwithstanding subdivision (f), an applicant who holds or
16has held a registration, with an expiration date no later than January
171, 2017, and who applies for a subsequent registration number
18between January 1, 2016, and January 1, 2017, shall, if eligible,
19be allowed to obtain the subsequent registration number without
20first passing the California law and ethics examination. These
21applicants shall pass the California law and ethics examination
22during the next renewal period or prior to licensure, whichever
23occurs first.

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

25

begin deleteSEC. 39.end delete
26begin insertSEC. 58.end insert  

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

28

4980.43.  

(a) Prior to applying for licensure examinations, each
29applicant shall complete experience that shall comply with the
30following:

31(1) A minimum of 3,000 hours completed during a period of at
32least 104 weeks.

33(2) Not more than 40 hours in any seven consecutive days.

34(3) Not less than 1,700 hours of supervised experience
35completed subsequent to the granting of the qualifying master’s
36or doctoral degree.

37(4) Not more than 1,300 hours of supervised experience obtained
38prior to completing a master’s or doctoral degree.

P56   1The applicant shall not be credited with more than 750 hours of
2counseling and direct supervisor contact prior to completing the
3master’s or doctoral degree.

4(5) No hours of experience may be gained prior to completing
5either 12 semester units or 18 quarter units of graduate instruction
6and becoming a trainee except for personal psychotherapy.

7(6) No hours of experience may be gained more than six years
8prior to the date the application for examination eligibility was
9filed, except that up to 500 hours of clinical experience gained in
10the supervised practicum required by subdivision (c) of Section
114980.37 and subparagraph (B) of paragraph (1) of subdivision (d)
12of Section 4980.36 shall be exempt from this six-year requirement.

13(7) Not more than a combined total of 1,000 hours of experience
14in the following:

15(A) Direct supervisor contact.

16(B) Professional enrichment activities. For purposes of this
17chapter, “professional enrichment activities” include the following:

18(i) Workshops, seminars, training sessions, or conferences
19directly related to marriage and family therapy attended by the
20applicant that are approved by the applicant’s supervisor. An
21applicant shall have no more than 250 hours of verified attendance
22at these workshops, seminars, training sessions, or conferences.

23(ii) Participation by the applicant in personal psychotherapy,
24which includes group, marital or conjoint, family, or individual
25psychotherapy by an appropriately licensed professional. An
26applicant shall have no more than 100 hours of participation in
27personal psychotherapy. The applicant shall be credited with three
28hours of experience for each hour of personal psychotherapy.

29(8) Not more than 500 hours of experience providing group
30therapy or group counseling.

31(9) For all hours gained on or after January 1, 2012, not more
32than 500 hours of experience in the following:

33(A) Experience administering and evaluating psychological
34tests, writing clinical reports, writing progress notes, or writing
35process notes.

36(B) Client centered advocacy.

37(10) Not less than 500 total hours of experience in diagnosing
38and treating couples, families, and children. For up to 150 hours
39of treating couples and families in conjoint therapy, the applicant
P57   1shall be credited with two hours of experience for each hour of
2therapy provided.

3(11) Not more than 375 hours of experience providing personal
4psychotherapy, crisis counseling, or other counseling services via
5telehealth in accordance with Section 2290.5.

6(12) It is anticipated and encouraged that hours of experience
7will include working with elders and dependent adults who have
8physical or mental limitations that restrict their ability to carry out
9normal activities or protect their rights.

10This subdivision shall only apply to hours gained on and after
11January 1, 2010.

12(b) All applicants, trainees, and registrants shall be at all times
13under the supervision of a supervisor who shall be responsible for
14ensuring that the extent, kind, and quality of counseling performed
15is consistent with the training and experience of the person being
16supervised, and who shall be responsible to the board for
17compliance with all laws, rules, and regulations governing the
18practice of marriage and family therapy. Supervised experience
19shall be gained by interns and trainees only as an employee or as
20a volunteer. The requirements of this chapter regarding gaining
21hours of experience and supervision are applicable equally to
22employees and volunteers. Experience shall not be gained by
23interns or trainees as an independent contractor.

24(1) If employed, an intern shall provide the board with copies
25of the corresponding W-2 tax forms for each year of experience
26claimed upon application for licensure.

27(2) If volunteering, an intern shall provide the board with a letter
28from his or her employer verifying the intern’s employment as a
29volunteer upon application for licensure.

30(c) Except for experience gained pursuant to subparagraph (B)
31of paragraph (7) of subdivision (a), supervision shall include at
32least one hour of direct supervisor contact in each week for which
33experience is credited in each work setting, as specified:

34(1) A trainee shall receive an average of at least one hour of
35direct supervisor contact for every five hours of client contact in
36each setting. No more than six hours of supervision, whether
37individual or group, shall be credited during any single week.

38(2) An individual supervised after being granted a qualifying
39degree shall receive at least one additional hour of direct supervisor
40contact for every week in which more than 10 hours of client
P58   1contact is gained in each setting. No more than six hours of
2supervision, whether individual or group, shall be credited during
3 any single week.

4(3) For purposes of this section, “one hour of direct supervisor
5contact” means one hour per week of face-to-face contact on an
6individual basis or two hours per week of face-to-face contact in
7a group.

8(4) Direct supervisor contact shall occur within the same week
9as the hours claimed.

10(5) Direct supervisor contact provided in a group shall be
11provided in a group of not more than eight supervisees and in
12segments lasting no less than one continuous hour.

13(6) Notwithstanding paragraph (3), an intern working in a
14governmental entity, a school, a college, or a university, or an
15institution that is both nonprofit and charitable may obtain the
16required weekly direct supervisor contact via two-way, real-time
17videoconferencing. The supervisor shall be responsible for ensuring
18that client confidentiality is upheld.

19(7) All experience gained by a trainee shall be monitored by the
20supervisor as specified by regulation.

21(8) The six hours of supervision that may be credited during
22any single week pursuant to paragraphs (1) and (2) shall apply to
23supervision hours gained on or after January 1, 2009.

24(d) (1) A trainee may be credited with supervised experience
25completed in any setting that meets all of the following:

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

28(B) Provides oversight to ensure that the trainee’s work at the
29setting meets the experience and supervision requirements set forth
30in this chapter and is within the scope of practice for the profession
31as defined in Section 4980.02.

32(C) Is not a private practice owned by a licensed marriage and
33family therapist, a licensed professional clinical counselor, a
34licensed psychologist, a licensed clinical social worker, a licensed
35physician and surgeon, or a professional corporation of any of
36those licensed professions.

37(2) Experience may be gained by the trainee solely as part of
38the position for which the trainee volunteers or is employed.

39(e) (1) An intern may be credited with supervised experience
40completed in any setting that meets both of the following:

P59   1(A) Lawfully and regularly provides mental health counseling
2or psychotherapy.

3(B) Provides oversight to ensure that the intern’s work at the
4setting meets the experience and supervision requirements set forth
5in this chapter and is within the scope of practice for the profession
6as defined in Section 4980.02.

7(2) An applicant shall not be employed or volunteer in a private
8practice, as defined in subparagraph (C) of paragraph (1) of
9subdivision (d), until registered as an intern.

10(3) While an intern may be either a paid employee or a
11volunteer, employers are encouraged to provide fair remuneration
12to interns.

13(4) Except for periods of time during a supervisor’s vacation or
14sick leave, an intern who is employed or volunteering in private
15practice shall be under the direct supervision of a licensee that has
16satisfied subdivision (g) of Section 4980.03. The supervising
17licensee shall either be employed by and practice at the same site
18as the intern’s employer, or shall be an owner or shareholder of
19the private practice. Alternative supervision may be arranged during
20a supervisor’s vacation or sick leave if the supervision meets the
21requirements of this section.

22(5) Experience may be gained by the intern solely as part of the
23position for which the intern volunteers or is employed.

24(f) Except as provided in subdivision (g), all persons shall
25register with the board as an intern to be credited for postdegree
26hours of supervised experience gained toward licensure.

27(g) Postdegree hours of experience shall be credited toward
28licensure so long as the applicant applies for the intern registration
29within 90 days of the granting of the qualifying master’s or doctoral
30degree and is thereafter granted the intern registration by the board.
31An applicant shall not be employed or volunteer in a private
32practice until registered as an intern by the board.

33(h) Trainees, interns, and applicants shall not receive any
34remuneration from patients or clients, and shall only be paid by
35their employers.

36(i) Trainees, interns, and applicants shall only perform services
37at the place where their employers regularly conduct business,
38which may include performing services at other locations, so long
39as the services are performed under the direction and control of
40their employer and supervisor, and in compliance with the laws
P60   1and regulations pertaining to supervision. Trainees and interns
2shall have no proprietary interest in their employers’ businesses
3and shall not lease or rent space, pay for furnishings, equipment,
4or supplies, or in any other way pay for the obligations of their
5employers.

6(j) Trainees, interns, or applicants who provide volunteered
7services or other services, and who receive no more than a total,
8from all work settings, of five hundred dollars ($500) per month
9as reimbursement for expenses actually incurred by those trainees,
10interns, or applicants for services rendered in any lawful work
11setting other than a private practice shall be considered an
12employee and not an independent contractor. The board may audit
13applicants who receive reimbursement for expenses, and the
14applicants shall have the burden of demonstrating that the payments
15received were for reimbursement of expenses actually incurred.

16(k) Each educational institution preparing applicants for
17licensure pursuant to this chapter shall consider requiring, and
18shall encourage, its students to undergo individual, marital or
19conjoint, family, or group counseling or psychotherapy, as
20appropriate. Each supervisor shall consider, advise, and encourage
21his or her interns and trainees regarding the advisability of
22undertaking individual, marital or conjoint, family, or group
23counseling or psychotherapy, as appropriate. Insofar as it is deemed
24appropriate and is desired by the applicant, the educational
25institution and supervisors are encouraged to assist the applicant
26in locating that counseling or psychotherapy at a reasonable cost.

27

begin deleteSEC. 40.end delete
28begin insertSEC. 59.end insert  

Section 4980.54 of the Business and Professions Code
29 is amended to read:

30

4980.54.  

(a) The Legislature recognizes that the education and
31experience requirements in this chapter constitute only minimal
32requirements to ensure that an applicant is prepared and qualified
33to take the licensure examinations as specified in subdivision (d)
34of Section 4980.40 and, if he or she passes those examinations, to
35begin practice.

36(b) In order to continuously improve the competence of licensed
37marriage and family therapists and as a model for all
38psychotherapeutic professions, the Legislature encourages all
39licensees to regularly engage in continuing education related to
40the profession or scope of practice as defined in this chapter.

P61   1(c) Except as provided in subdivision (e), the board shall not
2renew any license pursuant to this chapter unless the applicant
3certifies to the board, on a form prescribed by the board, that he
4or she has completed not less than 36 hours of approved continuing
5education in or relevant to the field of marriage and family therapy
6in the preceding two years, as determined by the board.

7(d) The board shall have the right to audit the records of any
8applicant to verify the completion of the continuing education
9requirement. Applicants shall maintain records of completion of
10required continuing education coursework for a minimum of two
11years and shall make these records available to the board for
12auditing purposes upon request.

13(e) The board may establish exceptions from the continuing
14education requirements of this section for good cause, as defined
15by the board.

16(f) The continuing education shall be obtained from one of the
17following sources:

18(1) An accredited school or state-approved school that meets
19the requirements set forth in Section 4980.36 or 4980.37. Nothing
20in this paragraph shall be construed as requiring coursework to be
21offered as part of a regular degree program.

22(2) Other continuing education providers, as specified by the
23board by regulation.

24(g) The board shall establish, by regulation, a procedure for
25identifying acceptable providers of continuing education courses,
26and all providers of continuing education, as described in
27paragraphs (1) and (2) of subdivision (f), shall adhere to procedures
28established by the board. The board may revoke or deny the right
29of a provider to offer continuing education coursework pursuant
30to this section for failure to comply with this section or any
31regulation adopted pursuant to this section.

32(h) Training, education, and coursework by approved providers
33shall incorporate one or more of the following:

34(1) Aspects of the discipline that are fundamental to the
35understanding or the practice of marriage and family therapy.

36(2) Aspects of the discipline of marriage and family therapy in
37which significant recent developments have occurred.

38(3) Aspects of other disciplines that enhance the understanding
39or the practice of marriage and family therapy.

P62   1(i) A system of continuing education for licensed marriage and
2family therapists shall include courses directly related to the
3diagnosis, assessment, and treatment of the client population being
4served.

5(j) The board shall, by regulation, fund the administration of
6this section through continuing education provider fees to be
7deposited in the Behavioral Sciences Fund. The fees related to the
8administration of this section shall be sufficient to meet, but shall
9not exceed, the costs of administering the corresponding provisions
10of this section. For purposes of this subdivision, a provider of
11continuing education as described in paragraph (1) of subdivision
12(f) shall be deemed to be an approved provider.

13(k) The continuing education requirements of this section shall
14comply fully with the guidelines for mandatory continuing
15education established by the Department of Consumer Affairs
16pursuant to Section 166.

17

begin deleteSEC. 41.end delete
18begin insertSEC. 60.end insert  

Section 4984.01 of the Business and Professions
19Code
, as amended by Section 31 of Chapter 473 of the Statutes of
202013, is amended to read:

21

4984.01.  

(a) The marriage and family therapist intern
22registration shall expire one year from the last day of the month
23in which it was issued.

24(b) To renew the registration, the registrant shall, on or before
25the expiration date of the registration, complete all of the following
26actions:

27(1) Apply for renewal on a form prescribed by the board.

28(2) Pay a renewal fee prescribed by the board.

29(3) Participate in the California law and ethics examination
30pursuant to Section 4980.399 each year until successful completion
31of this examination.

32(4) Notify the board whether he or she has been convicted, as
33defined in Section 490, of a misdemeanor or felony, and whether
34any disciplinary action has been taken against him or her by a
35regulatory or licensing board in this or any other state subsequent
36to the last renewal of the registration.

37(c) The registration may be renewed a maximum of five times.
38No registration shall be renewed or reinstated beyond six years
39from the last day of the month during which it was issued,
40regardless of whether it has been revoked. When no further
P63   1renewals are possible, an applicant may apply for and obtain a
2subsequent intern registration number if the applicant meets the
3educational requirements for registration in effect at the time of
4the application for a subsequent intern registration number and
5has passed the California law and ethics examination described in
6Section 4980.399. An applicant who is issued a subsequent intern
7registration number pursuant to this subdivision shall not be
8employed or volunteer in a private practice.

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

10

begin deleteSEC. 42.end delete
11begin insertSEC. 61.end insert  

Section 4989.34 of the Business and Professions Code
12 is amended to read:

13

4989.34.  

(a) To renew his or her license, a licensee shall certify
14to the board, on a form prescribed by the board, completion in the
15preceding two years of not less than 36 hours of approved
16continuing education in, or relevant to, educational psychology.

17(b) (1) The continuing education shall be obtained from either
18an accredited university or a continuing education provider as
19specified by the board by regulation.

20(2) The board shall establish, by regulation, a procedure
21identifying acceptable providers of continuing education courses,
22and all providers of continuing education shall comply with
23procedures established by the board. The board may revoke or
24deny the right of a provider to offer continuing education
25coursework pursuant to this section for failure to comply with this
26section or any regulation adopted pursuant to this section.

27(c) Training, education, and coursework by approved providers
28shall incorporate one or more of the following:

29(1) Aspects of the discipline that are fundamental to the
30 understanding or the practice of educational psychology.

31(2) Aspects of the discipline of educational psychology in which
32significant recent developments have occurred.

33(3) Aspects of other disciplines that enhance the understanding
34or the practice of educational psychology.

35(d) The board may audit the records of a licensee to verify
36completion of the continuing education requirement. A licensee
37shall maintain records of the completion of required continuing
38education coursework for a minimum of two years and shall make
39these records available to the board for auditing purposes upon its
40request.

P64   1(e) The board may establish exceptions from the continuing
2education requirements of this section for good cause, as
3determined by the board.

4(f) The board shall, by regulation, fund the administration of
5this section through continuing education provider fees to be
6deposited in the Behavioral Sciences Fund. The amount of the fees
7shall be sufficient to meet, but shall not exceed, the costs of
8administering this section.

9(g) The continuing education requirements of this section shall
10comply fully with the guidelines for mandatory continuing
11education established by the Department of Consumer Affairs
12pursuant to Section 166.

13

begin deleteSEC. 43.end delete
14begin insertSEC. 62.end insert  

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

16

4992.09.  

(a) Except as provided in subdivision (a) of Section
174992.07, an applicant and registrant shall obtain a passing score
18on a board-administered California law and ethics examination in
19order to qualify for licensure.

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

23(c) Notwithstanding subdivision (b), an applicant who holds a
24registration eligible for renewal, with an expiration date no later
25than June 30, 2016, and who applies for renewal of that registration
26between January 1, 2016, and June 30, 2016, shall, if eligible, be
27allowed to renew the registration without first participating in the
28California law and ethics examination. These applicants shall
29participate in the California law and ethics examination in the next
30renewal cycle, and shall pass the examination prior to licensure or
31issuance of a subsequent registration number, as specified in this
32section.

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

37(e) If a registrant fails to obtain a passing score on the California
38law and ethics examination described in subdivision (a) within his
39or her renewal period on or after the operative date of this section,
40he or she shall complete, at a minimum, a 12-hour course in
P65   1California law and ethics in order to be eligible to participate in
2the California law and ethics examination. Registrants shall only
3take the 12-hour California law and ethics course once during a
4renewal period. The 12-hour law and ethics course required by
5this section shall be taken through a continuing education provider,
6as specified by the board by regulation, a county, state or
7governmental entity, or a college or university.

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

11(g) Notwithstanding subdivision (f), an applicant who holds or
12has held a registration, with an expiration date no later than January
131, 2017, and who applies for a subsequent registration number
14between January 1, 2016, and January 1, 2017, shall, if eligible,
15be allowed to obtain the subsequent registration number without
16first passing the California law and ethics examination. These
17applicants shall pass the California law and ethics examination
18during the next renewal period or prior to licensure, whichever
19occurs first.

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

21

begin deleteSEC. 44.end delete
22begin insertSEC. 63.end insert  

Section 4996.2 of the Business and Professions Code
23 is amended to read:

24

4996.2.  

Each applicant for a license shall furnish evidence
25satisfactory to the board that he or she complies with all of the
26following requirements:

27(a) Is at least 21 years of age.

28(b) Has received a master’s degree from an accredited school
29of social work.

30(c) Has had two years of supervised post-master’s degree
31experience, as specified in Section 4996.23.

32(d) Has not committed any crimes or acts constituting grounds
33for denial of licensure under Section 480. The board shall not issue
34a registration or license to any person who has been convicted of
35any crime in this or another state or in a territory of the United
36States that involves sexual abuse of children or who is required to
37register pursuant to Section 290 of the Penal Code or the equivalent
38in another state or territory.

39(e) Has completed adequate instruction and training in the
40subject of alcoholism and other chemical substance dependency.
P66   1This requirement applies only to applicants who matriculate on or
2after January 1, 1986.

3(f) Has completed instruction and training in spousal or partner
4abuse assessment, detection, and intervention. This requirement
5applies to an applicant who began graduate training during the
6period commencing on January 1, 1995, and ending on December
731, 2003. An applicant who began graduate training on or after
8January 1, 2004, shall complete a minimum of 15 contact hours
9of coursework in spousal or partner abuse assessment, detection,
10and intervention strategies, including knowledge of community
11resources, cultural factors, and same gender abuse dynamics.
12Coursework required under this subdivision may be satisfactory
13if taken either in fulfillment of other educational requirements for
14licensure or in a separate course.

15(g) Has completed a minimum of 10 contact hours of training
16or coursework in human sexuality as specified in Section 1807 of
17Title 16 of the California Code of Regulations. This training or
18coursework may be satisfactory if taken either in fulfillment of
19other educational requirements for licensure or in a separate course.

20(h) Has completed a minimum of seven contact hours of training
21or coursework in child abuse assessment and reporting as specified
22in Section 1807.2 of Title 16 of the California Code of Regulations.
23This training or coursework may be satisfactory if taken either in
24fulfillment of other educational requirements for licensure or in a
25separate course.

26

begin deleteSEC. 45.end delete
27begin insertSEC. 64.end insert  

Section 4996.22 of the Business and Professions Code
28 is amended to read:

29

4996.22.  

(a) (1) Except as provided in subdivision (c), the
30board shall not renew any license pursuant to this chapter unless
31the applicant certifies to the board, on a form prescribed by the
32board, that he or she has completed not less than 36 hours of
33approved continuing education in or relevant to the field of social
34work in the preceding two years, as determined by the board.

35(2) The board shall not renew any license of an applicant who
36began graduate study prior to January 1, 2004, pursuant to this
37chapter unless the applicant certifies to the board that during the
38applicant’s first renewal period after the operative date of this
39section, he or she completed a continuing education course in
40spousal or partner abuse assessment, detection, and intervention
P67   1strategies, including community resources, cultural factors, and
2same gender abuse dynamics. On and after January 1, 2005, the
3course shall consist of not less than seven hours of training.
4Equivalent courses in spousal or partner abuse assessment,
5detection, and intervention strategies taken prior to the operative
6date of this section or proof of equivalent teaching or practice
7experience may be submitted to the board and at its discretion,
8may be accepted in satisfaction of this requirement. Continuing
9education courses taken pursuant to this paragraph shall be applied
10to the 36 hours of approved continuing education required under
11paragraph (1).

12(b) The board shall have the right to audit the records of any
13applicant to verify the completion of the continuing education
14requirement. Applicants shall maintain records of completion of
15required continuing education coursework for a minimum of two
16years and shall make these records available to the board for
17auditing purposes upon request.

18(c) The board may establish exceptions from the continuing
19education requirement of this section for good cause as defined
20by the board.

21(d) The continuing education shall be obtained from one of the
22following sources:

23(1) An accredited school of social work, as defined in Section
244991.2, or a school or department of social work that is a candidate
25for accreditation by the Commission on Accreditation of the
26Council on Social Work Education. Nothing in this paragraph shall
27be construed as requiring coursework to be offered as part of a
28regular degree program.

29(2) Other continuing education providers, as specified by the
30board by regulation.

31(e) The board shall establish, by regulation, a procedure for
32identifying acceptable providers of continuing education courses,
33and all providers of continuing education, as described in
34paragraphs (1) and (2) of subdivision (d), shall adhere to the
35procedures established by the board. The board may revoke or
36deny the right of a provider to offer continuing education
37 coursework pursuant to this section for failure to comply with this
38section or any regulation adopted pursuant to this section.

39(f) Training, education, and coursework by approved providers
40shall incorporate one or more of the following:

P68   1(1) Aspects of the discipline that are fundamental to the
2understanding, or the practice, of social work.

3(2) Aspects of the social work discipline in which significant
4recent developments have occurred.

5(3) Aspects of other related disciplines that enhance the
6understanding, or the practice, of social work.

7(g) A system of continuing education for licensed clinical social
8workers shall include courses directly related to the diagnosis,
9assessment, and treatment of the client population being served.

10(h) The continuing education requirements of this section shall
11comply fully with the guidelines for mandatory continuing
12education established by the Department of Consumer Affairs
13pursuant to Section 166.

14(i) The board may adopt regulations as necessary to implement
15this section.

16(j) The board shall, by regulation, fund the administration of
17this section through continuing education provider fees to be
18deposited in the Behavioral Science Examiners Fund. The fees
19related to the administration of this section shall be sufficient to
20meet, but shall not exceed, the costs of administering the
21corresponding provisions of this section. For purposes of this
22subdivision, a provider of continuing education as described in
23paragraph (1) of subdivision (d) shall be deemed to be an approved
24provider.

25

begin deleteSEC. 46.end delete
26begin insertSEC. 65.end insert  

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

28

4996.28.  

(a) Registration as an associate clinical social worker
29shall expire one year from the last day of the month during which
30it was issued. To renew a registration, the registrant shall, on or
31before the expiration date of the registration, complete all of the
32following actions:

33(1) Apply for renewal on a form prescribed by the board.

34(2) Pay a renewal fee prescribed by the board.

35(3) Notify the board whether he or she has been convicted, as
36defined in Section 490, of a misdemeanor or felony, and whether
37any disciplinary action has been taken by a regulatory or licensing
38 board in this or any other state, subsequent to the last renewal of
39 the registration.

P69   1(4) On and after January 1, 2016, obtain a passing score on the
2California law and ethics examination pursuant to Section 4992.09.

3(b) A registration as an associate clinical social worker may be
4renewed a maximum of five times. When no further renewals are
5possible, an applicant may apply for and obtain a subsequent
6associate clinical social worker registration number if the applicant
7meets all requirements for registration in effect at the time of his
8or her application for a subsequent associate clinical social worker
9registration number. An applicant issued a subsequent associate
10registration number pursuant to this subdivision shall not be
11employed or volunteer in a private practice.

12begin insert

begin insertSEC. 66.end insert  

end insert

begin insertSection 4999.1 of the end insertbegin insertBusiness and Professions Codeend insert
13begin insert is amended to read:end insert

14

4999.1.  

Application for registration asbegin delete an in-state or out-of-stateend delete
15begin insert aend insert telephone medical advice service shall be made on a form
16prescribed by the department, accompanied by the fee prescribed
17pursuant to Section 4999.5. The department shall make application
18forms available. Applications shall contain all of the following:

19(a) The signature of the individual owner of thebegin delete in-state or
20out-of-stateend delete
telephone medical advice service, or of all of the
21partners if the service is a partnership, or of the president or
22secretary if the service is a corporation. The signature shall be
23accompanied by a resolution or other written communication
24identifying the individual whose signature is on the form as owner,
25partner, president, or secretary.

26(b) The name under which the person applying for the in-state
27or out-of-state telephone medical advice service proposes to do
28business.

29(c) The physical address, mailing address, and telephone number
30of the business entity.

31(d) The designation, including the name and physical address,
32of an agent for service of process in California.

33(e) A list of allbegin delete in-state or out-of-state staffend deletebegin insert health care
34professionalsend insert
providingbegin delete telephoneend delete medical advice services that are
35required to be licensed, registered, or certified pursuant to this
36chapter. This list shall be submitted to the departmentbegin delete on a quarterly
37basisend delete
on a form to be prescribed by the department and shall
38include, but not be limited to, the name,begin delete address,end delete state of licensure,
39begin delete categoryend deletebegin insert typeend insert of license, and license number.

P70   1(f) The department shall be notified within 30 days of any
2change of name, physical location, mailing address, or telephone
3number of any business, owner, partner, corporate officer, or agent
4for service of process in California, together with copies of all
5resolutions or other written communications that substantiate these
6changes.

7begin insert

begin insertSEC. 67.end insert  

end insert

begin insertSection 4999.2 of the end insertbegin insertBusiness and Professions Codeend insert
8begin insert is amended to read:end insert

9

4999.2.  

(a) In order to obtain and maintain a registration,
10begin delete in-state or out-of-stateend deletebegin insert aend insert telephone medical advicebegin delete servicesend deletebegin insert serviceend insert
11 shall comply with the requirements established by the department.
12Those requirements shall include, but shall not be limited to, all
13of the following:

14(1) (A) Ensuring that allbegin delete staffend deletebegin insert health care professionalsend insert who
15provide medical advice services are appropriately licensed,
16certified, or registered as a physician and surgeon pursuant to
17Chapter 5 (commencing with Section 2000) or the Osteopathic
18Initiative Act, as a dentist, dental hygienist, dental hygienist in
19alternative practice, or dental hygienist in extended functions
20pursuant to Chapter 4 (commencing with Section 1600), as an
21occupational therapist pursuant to Chapter 5.6 (commencing with
22Section 2570), as a registered nurse pursuant to Chapter 6
23(commencing with Section 2700), as a psychologist pursuant to
24Chapter 6.6 (commencing with Section 2900),begin insert as a naturopathic
25doctor pursuant to Chapter 8.2 (commencing with Section 3610),end insert

26 as a marriage and family therapist pursuant to Chapter 13
27(commencing with Section 4980), as a licensed clinical social
28worker pursuant to Chapter 14 (commencing with Section 4991),
29begin insert as a licensed professional clinical counselor pursuant to Chapter
3016 (commencing with Section 4999.10),end insert
as an optometrist pursuant
31to Chapter 7 (commencing with Section 3000), or as a chiropractor
32pursuant to the Chiropractic Initiative Act, and operating consistent
33with the laws governing their respective scopes of practice in the
34state within which they provide telephone medical advice services,
35except as provided in paragraph (2).

36(B) Ensuring that allbegin delete staffend deletebegin insert health care professionalsend insert who provide
37telephone medical advice services from an out-of-statebegin delete location
38are health care professionals,end delete
begin insert location,end insert as identified in subparagraph
39(A),begin delete whoend delete are licensed, registered, or certified in the state within
40which they are providing the telephone medical advice services
P71   1and are operating consistent with the laws governing their
2respective scopes of practice.

3(2) Ensuring that the telephone medical advice provided is
4consistent with good professional practice.

5(3) Maintaining records of telephone medical advice services,
6including records of complaints, provided to patients in California
7for a period of at least five years.

8(4) Ensuring that no staff member uses a title or designation
9when speaking to anbegin delete enrollee or subscriberend deletebegin insert enrollee, subscriber,
10or consumerend insert
that may cause a reasonable person to believe that
11the staff member is a licensed, certified, or registeredbegin insert health careend insert
12 professional described in subparagraph (A) of paragraph (1), unless
13the staff member is a licensed, certified, or registered professional.

14(5) Complying with all directions and requests for information
15made by the department.

begin insert

16(6) Notifying the department within 30 days of any change of
17name, physical location, mailing address, or telephone number of
18any business, owner, partner, corporate officer, or agent for service
19of process in California, together with copies of all resolutions or
20other written communications that substantiate these changes.

end insert
begin insert

21(7) Submitting quarterly reports, on a form prescribed by the
22department, to the department within 30 days of the end of each
23calendar quarter.

end insert

24(b) To the extent permitted by Article VII of the California
25Constitution, the department may contract with a private nonprofit
26accrediting agency to evaluate the qualifications of applicants for
27registration pursuant to this chapter and to make recommendations
28to the department.

29begin insert

begin insertSEC. 68.end insert  

end insert

begin insertSection 4999.3 of the end insertbegin insertBusiness and Professions Codeend insert
30begin insert is amended to read:end insert

31

4999.3.  

(a) The department may suspend, revoke, or otherwise
32discipline a registrant or deny an application for registration asbegin delete an
33in-state or out-of-stateend delete
begin insert aend insert telephone medical advice service based
34on any of the following:

35(1) Incompetence, gross negligence, or repeated similar
36negligent acts performed by the registrant or any employee of the
37registrant.

38(2) An act of dishonesty or fraud by the registrant or any
39employee of the registrant.

P72   1(3) The commission of any act, or being convicted of a crime,
2that constitutes grounds for denial or revocation of licensure
3pursuant to any provision of this division.

4(b) The proceedings shall be conducted in accordance with
5Chapter 5 (commencing with Section 11500) of Part 1 of Division
63 of Title 2 of the Government Code, and the department shall
7have all powers granted therein.

8(c) Copies of any complaint againstbegin delete an in-state or out-of-stateend delete
9begin insert aend insert telephone medical advice service shall be forwarded to the
10Department of Managedbegin insert Healthend insert Care.

11(d) The department shall forward a copy of any complaint
12submitted to the department pursuant to this chapter to the entity
13that issued the license to the licensee involved in the advice
14provided to the patient.

15begin insert

begin insertSEC. 69.end insert  

end insert

begin insertSection 4999.4 of the end insertbegin insertBusiness and Professions Codeend insert
16begin insert is amended to read:end insert

17

4999.4.  

(a) Every registration issued to a telephone medical
18advice service shall expire 24 months after the initial date of
19issuance.

20(b) To renew an unexpired registration, the registrant shall,
21before the time at which thebegin delete licenseend delete registration would otherwise
22expire,begin delete apply for renewal on a form prescribed by the bureau, andend delete
23 pay the renewal fee authorized by Section 4999.5.

24(c) begin deleteA registration that is not renewed within three years
25following its expiration shall not be renewed, restored, or reinstated
26thereafter, and the delinquent registration shall be canceled
27immediately upon expiration of the three-year period. end delete
An expired
28registration may be renewed at any time within three years after
29its expiration upon the filing of an application for renewal on a
30form prescribed by the bureau and the payment of all fees
31authorized by Section 4999.5.begin insert A registration that is not renewed
32within three years following its expiration shall not be renewed,
33restored, or reinstated thereafter, and the delinquent registration
34shall be canceled immediately upon expiration of the three-year
35period.end insert

36begin insert

begin insertSEC. 70.end insert  

end insert

begin insertSection 4999.5 of the end insertbegin insertBusiness and Professions Codeend insert
37begin insert is amended to read:end insert

38

4999.5.  

The department may set fees forbegin delete registration,end delete
39begin insert registration and renewalend insert asbegin delete an in-state or out-of-stateend deletebegin insert aend insert telephone
P73   1medical advice service sufficient to pay the costs of administration
2of this chapter.

3begin insert

begin insertSEC. 71.end insert  

end insert

begin insertSection 4999.7 of the end insertbegin insertBusiness and Professions Codeend insert
4begin insert is amended to read:end insert

5

4999.7.  

(a) This section does not limit, preclude, or otherwise
6interfere with the practices of other persons licensed or otherwise
7authorized to practice, under any other provision of this division,
8telephone medical advice services consistent with the laws
9governing their respective scopes of practice, or licensed under
10the Osteopathic Initiative Act or the Chiropractic Initiative Act
11and operating consistent with the laws governing their respective
12scopes of practice.

13(b) For purposes of this chapter, “telephone medical advice”
14means a telephonic communication between a patient and a health
15care professional in which the health care professional’s primary
16function is to provide to the patient a telephonic response to the
17patient’s questions regarding his or her or a family member’s
18 medical care or treatment. “Telephone medical advice” includes
19assessment, evaluation, or advice provided to patients or their
20family members.

21(c) For purposes of this chapter, “health care professional” isbegin delete a
22staff personend delete
begin insert an employee or independent contractorend insert described in
23Section 4999.2 who provides medical advice services and is
24appropriately licensed, certified, or registered as a dentist, dental
25hygienist, dental hygienist in alternative practice, or dental
26hygienist in extended functions pursuant to Chapter 4 (commencing
27with Section 1600), as a physician and surgeon pursuant to Chapter
285 (commencing with Section 2000) or the Osteopathic Initiative
29Act, as a registered nurse pursuant to Chapter 6 (commencing with
30Section 2700), as a psychologist pursuant to Chapter 6.6
31(commencing with Section 2900),begin insert as a naturopathic doctor
32pursuant to Chapter 8.2 (commencing with Section 3610),end insert
as an
33optometrist pursuant to Chapter 7 (commencing with Section
343000), as a marriage and family therapist pursuant to Chapter 13
35(commencing with Section 4980), as a licensed clinical social
36worker pursuant to Chapter 14 (commencing with Section 4991),
37begin insert as a licensed professional clinical counselor pursuant to Chapter
3816 (commencing with Section 4999.10),end insert
or as a chiropractor
39pursuant to the Chiropractic Initiative Act, and who is operating
40consistent with the laws governing his or her respective scopes of
P74   1practice in the state in which he or she provides telephone medical
2advice services.

3

begin deleteSEC. 47.end delete
4begin insertSEC. 72.end insert  

Section 4999.45 of the Business and Professions
5Code
, as amended by Section 54 of Chapter 473 of the Statutes of
62013, is amended to read:

7

4999.45.  

(a) An intern employed under this chapter shall:

8(1) Not perform any duties, except for those services provided
9as a clinical counselor trainee, until registered as an intern.

10(2) Not be employed or volunteer in a private practice until
11registered as an intern.

12(3) Inform each client prior to performing any professional
13services that he or she is unlicensed and under supervision.

14(4) Renew annually for a maximum of five years after initial
15registration with the board.

16(b) When no further renewals are possible, an applicant may
17apply for and obtain a subsequent intern registration number if the
18applicant meets the educational requirements for registration in
19effect at the time of the application for a subsequent intern
20registration number and has passed the California law and ethics
21examination described in Section 4999.53. An applicant issued a
22subsequent intern registration number pursuant to this subdivision
23shall not be employed or volunteer in a private practice.

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

25

begin deleteSEC. 48.end delete
26begin insertSEC. 73.end insert  

Section 4999.46 of the Business and Professions
27Code
, as amended by Section 3 of Chapter 435 of the Statutes of
282014, is amended to read:

29

4999.46.  

(a) To qualify for the licensure examination specified
30by paragraph (2) of subdivision (a) of Section 4999.53, applicants
31shall complete clinical mental health experience under the general
32supervision of an approved supervisor as defined in Section
334999.12.

34(b) The experience shall include a minimum of 3,000 postdegree
35hours of supervised clinical mental health experience related to
36the practice of professional clinical counseling, performed over a
37period of not less than two years (104 weeks), which shall include:

38(1) Not more than 40 hours in any seven consecutive days.

39(2) Not less than 1,750 hours of direct counseling with
40 individuals, groups, couples, or families in a setting described in
P75   1Section 4999.44 using a variety of psychotherapeutic techniques
2and recognized counseling interventions within the scope of
3practice of licensed professional clinical counselors.

4(3) Not more than 500 hours of experience providing group
5therapy or group counseling.

6(4) Not more than 375 hours of experience providing personal
7psychotherapy, crisis counseling, or other counseling services via
8telehealth in accordance with Section 2290.5.

9(5) Not less than 150 hours of clinical experience in a hospital
10or community mental health setting, as defined in Section 1820 of
11Title 16 of the California Code of Regulations.

12(6) Not more than a combined total of 1,250 hours of experience
13in the following related activities:

14(A) Direct supervisor contact.

15(B) Client centered advocacy.

16(C) Not more than 250 hours of experience administering tests
17and evaluating psychological tests of clients, writing clinical
18reports, writing progress notes, or writing process notes.

19(D) Not more than 250 hours of verified attendance at
20workshops, seminars, training sessions, or conferences directly
21related to professional clinical counseling that are approved by the
22applicant’s supervisor.

23(c) No hours of clinical mental health experience may be gained
24more than six years prior to the date the application for examination
25eligibility was filed.

26(d) An applicant shall register with the board as an intern in
27order to be credited for postdegree hours of experience toward
28licensure. Postdegree hours of experience shall be credited toward
29licensure, provided that the applicant applies for intern registration
30within 90 days of the granting of the qualifying degree and is
31thereafter granted the intern registration by the board. An applicant
32shall not be employed or volunteer in a private practice until
33registered as an intern by the board.

34(e) All applicants and interns shall be at all times under the
35supervision of a supervisor who shall be responsible for ensuring
36that the extent, kind, and quality of counseling performed is
37consistent with the training and experience of the person being
38supervised, and who shall be responsible to the board for
39compliance with all laws, rules, and regulations governing the
40practice of professional clinical counseling.

P76   1(f) Experience obtained under the supervision of a spouse or
2relative by blood or marriage shall not be credited toward the
3required hours of supervised experience. Experience obtained
4under the supervision of a supervisor with whom the applicant has
5had or currently has a personal, professional, or business
6relationship that undermines the authority or effectiveness of the
7supervision shall not be credited toward the required hours of
8supervised experience.

9(g) Except for experience gained pursuant to subparagraph (D)
10of paragraph (6) of subdivision (b), supervision shall include at
11least one hour of direct supervisor contact in each week for which
12experience is credited in each work setting.

13(1) No more than six hours of supervision, whether individual
14or group, shall be credited during any single week. This paragraph
15shall apply to supervision hours gained on or after January 1, 2009.

16(2) An intern shall receive at least one additional hour of direct
17supervisor contact for every week in which more than 10 hours of
18face-to-face psychotherapy is performed in each setting in which
19experience is gained.

20(3) For purposes of this section, “one hour of direct supervisor
21contact” means one hour of face-to-face contact on an individual
22basis or two hours of face-to-face contact in a group of not more
23than eight persons in segments lasting no less than one continuous
24hour.

25(4) Notwithstanding paragraph (3), an intern working in a
26governmental entity, a school, a college, or a university, or an
27institution that is both nonprofit and charitable, may obtain the
28required weekly direct supervisor contact via two-way, real-time
29videoconferencing. The supervisor shall be responsible for ensuring
30that client confidentiality is upheld.

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

32

begin deleteSEC. 49.end delete
33begin insertSEC. 74.end insert  

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

35

4999.55.  

(a) Each applicant and registrant shall obtain a
36passing score on a board-administered California law and ethics
37examination in order to qualify for licensure.

38(b) A registrant shall participate in a board-administered
39California law and ethics examination prior to his or her registration
40renewal.

P77   1(c) Notwithstanding subdivision (b), an applicant who holds a
2registration eligible for renewal, with an expiration date no later
3than June 30, 2016, and who applies for renewal of that registration
4between January 1, 2016, and June 30, 2016, shall, if eligible, be
5allowed to renew the registration without first participating in the
6California law and ethics examination. These applicants shall
7participate in the California law and ethics examination in the next
8renewal cycle, and shall pass the examination prior to licensure or
9issuance of a subsequent registration number, as specified in this
10section.

11(d) If an applicant fails the California law and ethics
12examination, he or she may retake the examination, upon payment
13of the required fees, without further application, except as provided
14in subdivision (e).

15(e) If a registrant fails to obtain a passing score on the California
16law and ethics examination described in subdivision (a) within his
17or her renewal period on or after the operative date of this section,
18he or she shall complete, at minimum, a 12-hour course in
19California law and ethics in order to be eligible to participate in
20the California law and ethics examination. Registrants shall only
21take the 12-hour California law and ethics course once during a
22renewal period. The 12-hour law and ethics course required by
23this section shall be taken through a continuing education provider
24as specified by the board by regulation, a county, state, or
25governmental entity, or a college or university.

26(f) The board shall not issue a subsequent registration number
27unless the registrant has passed the California law and ethics
28examination.

29(g) Notwithstanding subdivision (f), an applicant who holds or
30has held a registration, with an expiration date no later than January
311, 2017, and who applies for a subsequent registration number
32between January 1, 2016, and January 1, 2017, shall, if eligible,
33be allowed to obtain the subsequent registration number without
34first passing the California law and ethics examination. These
35applicants shall pass the California law and ethics examination
36during the next renewal period or prior to licensure, whichever
37occurs first.

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

P78   1

begin deleteSEC. 50.end delete
2begin insertSEC. 75.end insert  

Section 4999.76 of the Business and Professions Code
3 is amended to read:

4

4999.76.  

(a) Except as provided in subdivision (c), the board
5shall not renew any license pursuant to this chapter unless the
6applicant certifies to the board, on a form prescribed by the board,
7that he or she has completed not less than 36 hours of approved
8continuing education in or relevant to the field of professional
9clinical counseling in the preceding two years, as determined by
10the board.

11(b) The board shall have the right to audit the records of any
12applicant to verify the completion of the continuing education
13requirement. Applicants shall maintain records of completed
14continuing education coursework for a minimum of two years and
15shall make these records available to the board for auditing
16purposes upon request.

17(c) The board may establish exceptions from the continuing
18education requirement of this section for good cause, as defined
19by the board.

20(d) The continuing education shall be obtained from one of the
21following sources:

22(1) A school, college, or university that is accredited or
23approved, as defined in Section 4999.12. Nothing in this paragraph
24shall be construed as requiring coursework to be offered as part
25of a regular degree program.

26(2) Other continuing education providers as specified by the
27board by regulation.

28(e) The board shall establish, by regulation, a procedure for
29identifying acceptable providers of continuing education courses,
30and all providers of continuing education, as described in
31paragraphs (1) and (2) of subdivision (d), shall adhere to procedures
32established by the board. The board may revoke or deny the right
33of a provider to offer continuing education coursework pursuant
34to this section for failure to comply with this section or any
35regulation adopted pursuant to this section.

36(f) Training, education, and coursework by approved providers
37shall incorporate one or more of the following:

38(1) Aspects of the discipline that are fundamental to the
39understanding or the practice of professional clinical counseling.

P79   1(2) Significant recent developments in the discipline of
2professional clinical counseling.

3(3) Aspects of other disciplines that enhance the understanding
4or the practice of professional clinical counseling.

5(g) A system of continuing education for licensed professional
6clinical counselors shall include courses directly related to the
7diagnosis, assessment, and treatment of the client population being
8served.

9(h) The board shall, by regulation, fund the administration of
10this section through continuing education provider fees to be
11deposited in the Behavioral Sciences Fund. The fees related to the
12administration of this section shall be sufficient to meet, but shall
13not exceed, the costs of administering the corresponding provisions
14of this section. For the purposes of this subdivision, a provider of
15continuing education as described in paragraph (1) of subdivision
16(d) shall be deemed to be an approved provider.

17(i) The continuing education requirements of this section shall
18fully comply with the guidelines for mandatory continuing
19education established by the Department of Consumer Affairs
20pursuant to Section 166.

21

begin deleteSEC. 51.end delete
22begin insertSEC. 76.end insert  

Section 4999.100 of the Business and Professions
23Code
, as amended by Section 66 of Chapter 473 of the Statutes of
242013, is amended to read:

25

4999.100.  

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

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

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

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

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

36(4) Participate in the California law and ethics examination
37pursuant to Section 4999.53 each year until successful completion
38of this examination.

39(c) The intern registration may be renewed a maximum of five
40times.begin delete No registrationend deletebegin insert Registrationend insert shallbegin insert notend insert be renewed or
P80   1reinstated beyond six years from the last day of the month during
2which it was issued, regardless of whether it has been revoked.
3When no further renewals are possible, an applicant may apply
4for and obtain a subsequent intern registration number if the
5applicant meets the educational requirements for registration in
6effect at the time of the application for a subsequent intern
7registration number and has passed the California law and ethics
8examination described in Section 4999.53. An applicant who is
9issued a subsequent intern registration number pursuant to this
10subdivision shall not be employed or volunteer in a private practice.

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

12

begin deleteSEC. 52.end delete
13begin insertSEC. 77.end insert  

No reimbursement is required by this act pursuant to
14Section 6 of Article XIII B of the California Constitution because
15the only costs that may be incurred by a local agency or school
16district will be incurred because this act creates a new crime or
17infraction, eliminates a crime or infraction, or changes the penalty
18for a crime or infraction, within the meaning of Section 17556 of
19the Government Code, or changes the definition of a crime within
20the meaning of Section 6 of Article XIII B of the California
21Constitution.



O

    98