Amended in Assembly June 8, 2015

Amended in Senate April 20, 2015

Senate Bill No. 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 delete 2221, end delete 2401, 2428, begin delete 2519, 2520, end delete 2529, begin delete 2546.7, 2546.9, 2559.3, 2563, 2565, 2566, 2566.1, end delete 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 delete 3576, 3577, end delete 4836.2, 4887, 4938, 4939, 4980.399, 4980.43, 4980.54, 4984.01, 4989.34, 4992.09, 4996.2, 4996.22, 4996.28, 4999.1, 4999.2, 4999.3, 4999.4, 4999.5, 4999.7, 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 delete to add Sections 2519.5, 2546.11, 2555.5, 2559.7, 2563.5, and 3576.5 to, end delete 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 department and, notwithstanding any other law, makes a violation of a listed provision punishable as an infraction under specified circumstances.

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.

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.

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

(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 begin delete and 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 delete begin insert surgeon. 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 would begin delete 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 would end delete recast that renewal 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.

begin delete

(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 delete begin delete

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 delete begin delete

(18)

end delete

begin insert (17) end insert  Existing law provides for the registration of telephone medical advice services. Existing law imposes requirements for obtaining and maintaining registration, including a requirement that begin delete the provision of end delete medical advice services begin delete are end delete begin insert be end insert provided by specified licensed, registered, or certified health care professionals.

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.

begin delete

(19)

end delete

begin insert (18) end insert  This bill would additionally delete or update obsolete provisions and make conforming or nonsubstantive changes.

begin delete

(20)

end delete

begin insert (19) end insert  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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

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

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

SECTION 1.  

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

28.  

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

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

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

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

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

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

(C) 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 or accepted by the
responsible board.

(2) Have a minimum of seven contact hours.

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

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

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

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

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

SEC. 2.  

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

146.  

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

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

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

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

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

(1) Sections 2052 and 2054.

(2) Section 2630.

(3) Section 2903.

(4) Section 3575.

(5) Section 3660.

(6) Sections 3760 and 3761.

(7) Section 4080.

(8) Section 4825.

(9) Section 4935.

(10) Section 4980.

(11) Section 4989.50.

(12) Section 4996.

(13) Section 4999.30.

(14) Section 5536.

(15) Section 6704.

(16) Section 6980.10.

(17) Section 7317.

(18) Section 7502 or 7592.

(19) Section 7520.

(20) Section 7617 or 7641.

(21) Subdivision (a) of Section 7872.

(22) Section 8016.

(23) Section 8505.

(24) Section 8725.

(25) Section 9681.

(26) Section 9840.

(27) Subdivision (c) of Section 9891.24.

(28) Section 19049.

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

SEC. 3.  

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

500.  

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

SEC. 4.  

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

650.2.  

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

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

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

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

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

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

(f) The service registers with the Dental Board of California,
providing its name and address.

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

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

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

The Dental Board of California may adopt regulations necessary
to enforce and administer this section.

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

The Dental Board of California may petition the superior court
of any county for the issuance of an injunction restraining any
conduct that constitutes a violation of this section.

It is unlawful and shall constitute a misdemeanor for a person
to operate a group advertising and referral service for dentists
without providing its name and address to the Dental Board of
California.

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

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

SEC. 5.  

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

800.  

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 6.  

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

1603a.  

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

SEC. 7.  

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

1618.5.  

(a) The board shall provide to the Director of the
Department of Managed Health Care a copy of any accusation
filed with the Office of Administrative Hearings pursuant to
Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code, when the accusation is filed,
for a violation of this chapter relating to the quality of care of any
dental provider of a health care service plan, as defined in Section
1345 of the Health and Safety Code. There shall be no liability on
the part of, and no cause of action shall arise against, the State of
California, the Dental Board of California, the Department of
Managed Health Care, the director of that department, or any
officer, agent, employee, consultant, or contractor of the state or
the board or the department for the release of any false or
unauthorized information pursuant to this section, unless the release
is made with knowledge and malice.

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

SEC. 8.  

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

1640.1.  

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

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

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

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

SEC. 9.  

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

1648.10.  

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

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

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

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

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

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

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

SEC. 10.  

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

1650.  

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

SEC. 11.  

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

1695.  

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

SEC. 12.  

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

1695.1.  

As used in this article:

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

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

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

SEC. 13.  

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

1905.1.  

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

SEC. 14.  

Section 1917.2 of the Business and Professions Code
is repealed.

SEC. 15.  

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

1944.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 16.  

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

2054.  

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

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

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

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

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

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

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

(C) Does not engage in any of the acts prohibited by Section
2060.

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

begin delete

SEC. 17.  

Section 2221 of the Business and Professions Code
is amended to read:

2221.  

(a) The board may deny a physician’s and surgeon’s
certificate or 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 board, in its sole discretion, may issue a probationary
physician’s and surgeon’s certificate to an applicant subject to
terms and conditions, including, but not limited to, any of the
following conditions of probation:

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

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

(3) Continuing medical or psychiatric treatment.

(4) Ongoing participation in a specified rehabilitation program.

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

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

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

(8) Compliance with all provisions of this chapter.

(9) Payment of the cost of probation monitoring.

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

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

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

end delete

begin delete SEC. 18. end delete
begin insert SEC. 17. end insert   

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

2401.  

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

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

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

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

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

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

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

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

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

begin delete SEC. 19. end delete
begin insert SEC. 18. end insert   

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

2428.  

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

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

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

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

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

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

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

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

begin delete

SEC. 20.  

Section 2519 of the Business and Professions Code
is amended to read:

2519.  

The board may suspend, revoke, or place on probation
the license of a midwife for any of the following:

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

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

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

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

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

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

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

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

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

(b) Procuring a license by fraud or misrepresentation.

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

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

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

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

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

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

(i) Aiding or assisting, or agreeing to aid or assist any person
or persons, whether a licensed physician or not, in the performance
of or arranging for a violation of Article 12 (commencing with
Section 2221) of Chapter 5.

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

(1)  Consult with a physician and surgeon.

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

(3)  Transfer a client to a hospital.

SEC. 21.  

Section 2519.5 is added to the Business and
Professions Code, to read:

2519.5.  

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

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

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

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

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

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

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

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

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

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

SEC. 22.  

Section 2520 of the Business and Professions Code
is amended to read:

2520.  

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

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

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

(4) The fee for the examination shall be the cost of administering
the examination to the applicant, as determined by the organization
that has entered into a contract with the board for the purposes set
forth in subdivision (a) of Section 2512.5. Notwithstanding
subdivision (b), that fee may be collected and retained by that
organization.

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

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

end delete

begin delete SEC. 23. end delete
begin insert SEC. 19. end insert   

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

2529.  

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

(b) Those students and graduates seeking to engage in
psychoanalysis under this chapter shall register with the Medical
Board of California, presenting evidence of their student or
graduate status. The board may suspend or revoke the exemption
of those persons for unprofessional conduct as defined in Sections
726, 2234, and 2235.

begin delete

SEC. 24.  

Section 2546.7 of the Business and Professions Code
is amended to read:

2546.7.  

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

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

(2) An act of dishonesty or fraud.

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

(4) Any violation of Section 2546.5 or 2546.6.

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

SEC. 25.  

Section 2546.9 of the Business and Professions Code
is amended to read:

2546.9.  

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

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

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

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

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

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

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

SEC. 26.  

Section 2546.11 is added to the Business and
Professions Code, to read:

2546.11.  

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

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

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

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

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

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

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

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

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

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

SEC. 27.  

Section 2555.5 is added to the Business and
Professions Code, to read:

2555.5.  

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

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

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

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

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

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

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

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

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

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

SEC. 28.  

Section 2559.3 of the Business and Professions Code
is amended to read:

2559.3.  

(a) A certificate issued to a registered spectacle lens
dispenser may, in the discretion of the board, be suspended,
revoked, or placed on probation for violating or attempting to
violate any provision of this chapter or any regulation adopted
under this chapter, or for incompetence, gross negligence, or
repeated similar negligent acts performed by the certificate holder.
A certificate may also be suspended, revoked, or placed on
probation if the individual certificate holder has been convicted
of a felony as provided in Section 2555.1.

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

SEC. 29.  

Section 2559.7 is added to the Business and
Professions Code, to read:

2559.7.  

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

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

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

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

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

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

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

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

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

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

SEC. 30.  

Section 2563 of the Business and Professions Code
is amended to read:

2563.  

A certificate issued to a registered contact lens dispenser
may in the discretion of the board be suspended, revoked, or placed
on probation for violating or attempting to violate any provision
of this chapter or any regulation adopted under this chapter, or for
incompetence, gross negligence, or repeated similar negligent acts
performed by the certificate holder. A certificate may also be
suspended, revoked, or placed on probation if the individual
certificate holder has been convicted of a felony as provided in
Section 2555.1.

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

SEC. 31.  

Section 2563.5 is added to the Business and
Professions Code, to read:

2563.5.  

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

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

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

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

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

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

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

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

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

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

SEC. 32.  

Section 2565 of the Business and Professions Code
is amended to read:

2565.  

The amount of fees prescribed in connection with the
registration of dispensing opticians shall be as set forth in this
section unless a lower fee is fixed by the board:

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

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

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

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

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

SEC. 33.  

Section 2566 of the Business and Professions Code
is amended to read:

2566.  

The amount of fees prescribed in connection with
certificates for contact lens dispensers, unless a lower fee is fixed
by the board, is as follows:

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

(b) The biennial fee for the renewal of certificates shall be fixed
by the board in an amount not to exceed one hundred dollars
($100).

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

(d) The board may by regulation provide for a refund of a
portion of the application fee to applicants who do not meet the
requirements for registration.

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

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

SEC. 34.  

Section 2566.1 of the Business and Professions Code
is amended to read:

2566.1.  

The amount of fees prescribed in connection with
certificates for spectacle lens dispensers shall be as set forth in this
section unless a lower fee is fixed by the board:

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

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

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

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

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

end delete

begin delete SEC. 35. end delete
begin insert SEC. 20. end insert   

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

2650.  

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

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

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

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

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

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

begin delete SEC. 36. end delete
begin insert SEC. 21. end insert   

The heading of Article 3.1 (commencing with Section
2770) of Chapter 6 of Division 2 of the Business and Professions
Code is amended to read:

 

Article 3.1.  Intervention Program

 

begin delete SEC. 37. end delete
begin insert SEC. 22. end insert   

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

2770.  

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

begin delete SEC. 38. end delete
begin insert SEC. 23. end insert   

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

2770.1.  

As used in this article:

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

(b) “Committee” means begin delete a end delete an intervention evaluation committee
created by this article.

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

begin delete SEC. 39. end delete
begin insert SEC. 24. end insert   

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

2770.2.  

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

Each committee shall have the following composition:

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

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

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

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

begin delete SEC. 40. end delete
begin insert SEC. 25. end insert   

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

2770.7.  

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

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

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

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

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

(f) Any registered nurse terminated from the intervention
program for failure to comply with program requirements is subject
to disciplinary action by the board for acts committed before,
during, and after participation in the intervention program. A
registered nurse who has been under investigation by the board
and has been terminated from the intervention program by begin delete a end delete begin insert an end insert
intervention evaluation committee shall be reported by the
intervention evaluation committee to the board.

begin delete SEC. 41. end delete
begin insert SEC. 26. end insert   

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

2770.8.  

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

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

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

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

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

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

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

begin delete SEC. 42. end delete
begin insert SEC. 27. end insert   

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

2770.10.  

Notwithstanding Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code, relating to public meetings, a committee may
convene in closed session to consider reports pertaining to any
registered nurse requesting or participating in an intervention
program. A committee shall only convene in closed session to the
extent that it is necessary to protect the privacy of such a licentiate.

begin delete SEC. 43. end delete
begin insert SEC. 28. end insert   

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

2770.11.  

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

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

begin delete SEC. 44. end delete
begin insert SEC. 29. end insert   

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

2770.12.  

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

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

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

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

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

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

begin delete SEC. 45. end delete
begin insert SEC. 30. end insert   

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

2770.13.  

The board shall provide for the legal representation
of any person making reports under this article to a committee or
the board in any action for defamation directly resulting from those
reports regarding a registered nurse’s participation in begin delete a end delete begin insert an end insert
intervention program.

begin delete SEC. 46. end delete
begin insert SEC. 31. end insert   

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

2835.5.  

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

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

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

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

begin delete SEC. 47. end delete
begin insert SEC. 32. end insert   

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

2914.  

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

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

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

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

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

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

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

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

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

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

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

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

(f) (1) Show by evidence satisfactory to the board that he or
she has completed coursework in spousal or partner abuse
assessment, detection, and intervention. This requirement applies
to applicants who began graduate training during the period
commencing on January 1, 1995, and ending on December 31,
2003.

(2) An applicant who began graduate training on or after January
1, 2004, shall show by evidence satisfactory to the board that he
or she has completed a minimum of 15 contact hours of coursework
in spousal or partner abuse assessment, detection, and intervention
strategies, including knowledge of community resources, cultural
factors, and same gender abuse dynamics. An applicant may request
an exemption from this requirement if he or she intends to practice
in an area that does not include the direct provision of mental health
services.

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

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

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

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

begin delete SEC. 48. end delete
begin insert SEC. 33. end insert   

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

3057.  

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

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

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

(3) Submits proof that he or she 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.

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

(5) Has furnished a signed release allowing the disclosure of
information from the begin delete Healthcare Integrity and Protection Data
Bank end delete begin insert National Practitioner Database end insert and, if applicable, the
verification of registration status with the federal Drug Enforcement
Administration. The board shall review this information to
determine if it presents sufficient evidence of a violation of this
chapter to warrant the submission of additional information from
the person or the denial of the application for licensure.

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

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

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

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

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

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

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

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

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

(12) Pays an application fee in an amount equal to the
application fee prescribed pursuant to subdivision (a) of Section
3152.

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

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

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

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

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

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

(2) Has no physical or mental impairment related to drugs or
alcohol, and has not been found mentally incompetent by a licensed
psychologist or licensed psychiatrist 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.

begin delete SEC. 49. end delete
begin insert SEC. 34. end insert   

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

3509.5.  

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

begin delete

SEC. 50.  

Section 3576 of the Business and Professions Code
is amended to read:

3576.  

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

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

(2) An act of dishonesty or fraud.

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

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

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

SEC. 51.  

Section 3576.5 is added to the Business and
Professions Code, to read:

3576.5.  

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

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

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

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

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

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

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

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

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

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

SEC. 52.  

Section 3577 of the Business and Professions Code
is amended to read:

3577.  

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

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

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

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

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

end delete

begin delete SEC. 53. end delete
begin insert SEC. 35. end insert   

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

4836.2.  

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

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

(c) The board may suspend or revoke the controlled substance
permit of a veterinary assistant after notice and hearing for any
cause provided in this subdivision. The proceedings under this
section shall be conducted in accordance with the provisions for
administrative adjudication in Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code,
and the board shall have all the powers granted therein. The board
may deny, revoke, or suspend a veterinary assistant controlled
substance permit for any of the following reasons:

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

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

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

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

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

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

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

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

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

(f) The board shall request from the Department of Justice
subsequent notification service, as provided pursuant to Section
11105.2 of the Penal Code, for persons described in paragraph (1)
of subdivision (e).

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

begin delete SEC. 54. end delete
begin insert SEC. 36. end insert   

Section 4887 of the Business and Professions Code
is amended to read:

4887.  

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

(b) The petition shall be accompanied by at least two verified
recommendations from veterinarians licensed by the board who
have personal knowledge of the activities of the petitioner since
the disciplinary penalty was imposed. The petition shall be heard
by the board. The board may consider all activities of the petitioner
since the disciplinary action was taken, the offense for which the
petitioner was disciplined, the petitioner’s activities since the
license or registration was in good standing, and the petitioner’s
rehabilitation efforts, general reputation for truth, and professional
ability. The hearing may be continued from time to time as the
board finds necessary.

(c) The board reinstating the license or registration or modifying
a penalty may impose terms and conditions as it determines
necessary. To reinstate a revoked license or registration or to
otherwise reduce a penalty or modify probation shall require a
vote of five of the members of the board.

(d) The petition shall not be considered while the petitioner is
under sentence for any criminal offense, including any period
during which the petitioner is on court-imposed probation or parole.
The board may deny without a hearing or argument any petition
filed pursuant to this section within a period of two years from the
effective date of the prior decision following a hearing under this
section.

begin delete SEC. 55. end delete
begin insert SEC. 37. end insert   

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

4938.  

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

(a) Is at least 18 years of age.

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

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

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

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

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

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

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

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

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

begin delete SEC. 56. end delete
begin insert SEC. 38. end insert   

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

4939.  

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

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

begin delete SEC. 57. end delete
begin insert SEC. 39. end insert   

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

4980.399.  

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

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

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

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

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

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

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

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

begin delete SEC. 58. end delete
begin insert SEC. 40. end insert   

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

4980.43.  

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

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

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

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

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

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

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

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

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

(A) Direct supervisor contact.

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

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

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

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

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

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

(B) Client centered advocacy.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 59. end delete
begin insert SEC. 41. end insert   

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

4980.54.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 60. end delete
begin insert SEC. 42. end insert   

Section 4984.01 of the Business and Professions
Code, as amended by Section 31 of Chapter 473 of the Statutes of
2013, is amended to read:

4984.01.  

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

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

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

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

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

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

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

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

begin delete SEC. 61. end delete
begin insert SEC. 43. end insert   

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

4989.34.  

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 62. end delete
begin insert SEC. 44. end insert   

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

4992.09.  

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

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

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

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

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

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

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

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

begin delete SEC. 63. end delete
begin insert SEC. 45. end insert   

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

4996.2.  

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

(a) Is at least 21 years of age.

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

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

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

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

(f) Has completed instruction and training in spousal or partner
abuse assessment, detection, and intervention. This requirement
applies to an applicant who began graduate training during the
period commencing on January 1, 1995, and ending on December
31, 2003. An applicant who began graduate training on or after
January 1, 2004, shall complete a minimum of 15 contact hours
of coursework in spousal or partner abuse assessment, detection,
and intervention strategies, including knowledge of community
resources, cultural factors, and same gender abuse dynamics.
Coursework required under this subdivision may be satisfactory
if taken either in fulfillment of other educational requirements for
licensure or in a separate course.

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

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

begin delete SEC. 64. end delete
begin insert SEC. 46. end insert   

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

4996.22.  

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

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

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

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

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

(1) An accredited school of social work, as defined in Section
4991.2, or a school or department of social work that is a candidate
for accreditation by the Commission on Accreditation of the
Council on Social Work Education. Nothing in this paragraph shall
be construed as requiring coursework to be offered as part of a
regular degree program.

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

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

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

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

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

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

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

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

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

(j) The board shall, by regulation, fund the administration of
this section through continuing education provider fees to be
deposited in the Behavioral begin delete Science Examiners end delete begin insert Sciences end insert Fund.
The fees related to the administration of this section shall be
sufficient to meet, but shall not exceed, the costs of administering
the corresponding provisions of this section. For purposes of this
subdivision, a provider of continuing education as described in
paragraph (1) of subdivision (d) shall be deemed to be an approved
provider.

begin delete SEC. 65. end delete
begin insert SEC. 47. end insert   

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

4996.28.  

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

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

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

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

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

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

begin delete SEC. 66. end delete
begin insert SEC. 48. end insert   

Section 4999.1 of the Business and Professions Code
is amended to read:

4999.1.  

Application for registration as a telephone medical
advice service shall be made on a form prescribed by the
department, accompanied by the fee prescribed pursuant to Section
4999.5. The department shall make application forms available.
Applications shall contain all of the following:

(a) The signature of the individual owner of the telephone
medical advice service, or of all of the partners if the service is a
partnership, or of the president or secretary if the service is a
corporation. The signature shall be accompanied by a resolution
or other written communication identifying the individual whose
signature is on the form as owner, partner, president, or secretary.

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

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

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

(e) A list of all health care professionals providing medical
advice services that are required to be licensed, registered, or
certified pursuant to this chapter. This list shall be submitted to
the department on a form to be prescribed by the department and
shall include, but not be limited to, the name, state of licensure,
type of license, and license number.

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

begin delete SEC. 67. end delete
begin insert SEC. 49. end insert   

Section 4999.2 of the Business and Professions Code
is amended to read:

4999.2.  

(a) In order to obtain and maintain a registration, a
telephone medical advice service shall comply with the
requirements established by the department. Those requirements
shall include, but shall not be limited to, all of the following:

(1) (A) Ensuring that all health care professionals who provide
medical advice services are appropriately licensed, certified, or
registered as a physician and surgeon pursuant to Chapter 5
(commencing with Section 2000) or the Osteopathic Initiative Act,
as a dentist, dental hygienist, dental hygienist in alternative
practice, or dental hygienist in extended functions pursuant to
Chapter 4 (commencing with Section 1600), as an occupational
therapist pursuant to Chapter 5.6 (commencing with Section 2570),
as a registered nurse pursuant to Chapter 6 (commencing with
Section 2700), as a psychologist pursuant to Chapter 6.6
(commencing with Section 2900), as a naturopathic doctor pursuant
to Chapter 8.2 (commencing with Section 3610), as a marriage
and family therapist pursuant to Chapter 13 (commencing with
Section 4980), as a licensed clinical social worker pursuant to
Chapter 14 (commencing with Section 4991), as a licensed
professional clinical counselor pursuant to Chapter 16
(commencing with Section 4999.10), as an optometrist pursuant
to Chapter 7 (commencing with Section 3000), or as a chiropractor
pursuant to the Chiropractic Initiative Act, and operating consistent
with the laws governing their respective scopes of practice in the
state within which they provide telephone medical advice services,
except as provided in paragraph (2).

(B) Ensuring that all health care professionals who provide
telephone medical advice services from an out-of-state location,
as identified in subparagraph (A), are licensed, registered, or
certified in the state within which they are providing the telephone
medical advice services and are operating consistent with the laws
governing their respective scopes of practice.

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

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

(4) Ensuring that no staff member uses a title or designation
when speaking to an enrollee, subscriber, or consumer that may
cause a reasonable person to believe that the staff member is a
licensed, certified, or registered health care professional described
in subparagraph (A) of paragraph (1), unless the staff member is
a licensed, certified, or registered professional.

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

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

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

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

begin delete SEC. 68. end delete
begin insert SEC. 50. end insert   

Section 4999.3 of the Business and Professions Code
is amended to read:

4999.3.  

(a) The department may suspend, revoke, or otherwise
discipline a registrant or deny an application for registration as a
telephone medical advice service based on any of the following:

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

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

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

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

(c) Copies of any complaint against a telephone medical advice
service shall be forwarded to the Department of Managed Health
Care.

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

begin delete SEC. 69. end delete
begin insert SEC. 51. end insert   

Section 4999.4 of the Business and Professions Code
is amended to read:

4999.4.  

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

(b) To renew an unexpired registration, the registrant shall,
before the time at which the registration would otherwise expire,
pay the renewal fee authorized by Section 4999.5.

(c) An expired registration may be renewed at any time within
three years after its expiration upon the filing of an application for
renewal on a form prescribed by the bureau and the payment of
all fees authorized by Section 4999.5. A registration that is not
renewed within three years following its expiration shall not be
renewed, restored, or reinstated thereafter, and the delinquent
registration shall be canceled immediately upon expiration of the
three-year period.

begin delete SEC. 70. end delete
begin insert SEC. 52. end insert   

Section 4999.5 of the Business and Professions Code
is amended to read:

4999.5.  

The department may set fees for registration and
renewal as a telephone medical advice service sufficient to pay
the costs of administration of this chapter.

begin delete SEC. 71. end delete
begin insert SEC. 53. end insert   

Section 4999.7 of the Business and Professions Code
is amended to read:

4999.7.  

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

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

(c) For purposes of this chapter, “health care professional” is
an employee or independent contractor described in Section 4999.2
who provides medical advice services and is appropriately licensed,
certified, or registered as a dentist, dental hygienist, dental hygienist
in alternative practice, or dental hygienist in extended functions
pursuant to Chapter 4 (commencing with Section 1600), as a
physician and surgeon pursuant to Chapter 5 (commencing with
Section 2000) or the Osteopathic Initiative Act, as a registered
nurse pursuant to Chapter 6 (commencing with Section 2700), as
a psychologist pursuant to Chapter 6.6 (commencing with Section
2900), as a naturopathic doctor pursuant to Chapter 8.2
(commencing with Section 3610), as an optometrist pursuant to
Chapter 7 (commencing with Section 3000), as a marriage and
family therapist pursuant to Chapter 13 (commencing with Section
4980), as a licensed clinical social worker pursuant to Chapter 14
(commencing with Section 4991), as a licensed professional clinical
counselor pursuant to Chapter 16 (commencing with Section
4999.10), or as a chiropractor pursuant to the Chiropractic Initiative
Act, and who is operating consistent with the laws governing his
or her respective scopes of practice in the state in which he or she
provides telephone medical advice services.

begin delete SEC. 72. end delete
begin insert SEC. 54. end insert   

Section 4999.45 of the Business and Professions
Code, as amended by Section 54 of Chapter 473 of the Statutes of
2013, is amended to read:

4999.45.  

(a) An intern employed under this chapter shall:

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

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

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

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

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

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

begin delete SEC. 73. end delete
begin insert SEC. 55. end insert   

Section 4999.46 of the Business and Professions
Code, as amended by Section 3 of Chapter 435 of the Statutes of
2014, is amended to read:

4999.46.  

(a) To qualify for the licensure examination specified
by paragraph (2) of subdivision (a) of Section 4999.53, applicants
shall complete clinical mental health experience under the general
supervision of an approved supervisor as defined in Section
4999.12.

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

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

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

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

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

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

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

(A) Direct supervisor contact.

(B) Client centered advocacy.

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 74. end delete
begin insert SEC. 56. end insert   

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

4999.55.  

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

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

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

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

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

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

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

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

begin delete SEC. 75. end delete
begin insert SEC. 57. end insert   

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

4999.76.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 76. end delete
begin insert SEC. 58. end insert   

Section 4999.100 of the Business and Professions
Code, as amended by Section 66 of Chapter 473 of the Statutes of
2013, is amended to read:

4999.100.  

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

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

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

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

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

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

(c) The intern registration may be renewed a maximum of five
times. Registration shall not be renewed or reinstated beyond six
years from the last day of the month during which it was issued,
regardless of whether it has been revoked. When no further
renewals are possible, an applicant may apply for and obtain a
subsequent intern registration number if the applicant meets the
educational requirements for registration in effect at the time of
the application for a subsequent intern registration number and
has passed the California law and ethics examination described in
Section 4999.53. An applicant who is issued a subsequent intern
registration number pursuant to this subdivision shall not be
employed or volunteer in a private practice.

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

begin delete SEC. 77. end delete
begin insert SEC. 59. end insert   

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