Amended in Assembly July 13, 2015

Amended in Assembly June 8, 2015

Amended in Senate April 20, 2015

Senate BillNo. 800


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

March 18, 2015


An act to amend Sections 28, 146, 500, 650.2, 800, 1603a, 1618.5, 1640.1, 1648.10, 1650, 1695, 1695.1, 1905.1, 1944, 2054, 2401, 2428, 2529, 2650, 2770, 2770.1, 2770.2, 2770.7, 2770.8, 2770.10, 2770.11, 2770.12, 2770.13, 2835.5, 2914, 3057, 3509.5, 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, 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 surgeon. 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 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 personbegin delete haveend deletebegin insert hasend insert 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 licensebegin insert haveend insert neverbegin delete haveend delete 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.begin delete Thisend deletebegin insert Theend insert 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.

begin delete

The

end delete

begin insertThisend insert 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.

(17) Existing law provides for the registration of telephone medical advice services. Existing law imposes requirements for obtaining and maintaining registration, including a requirement that medical advice services be 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.

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

(19) 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:

P7    1

SECTION 1.  

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

3

28.  

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

12(b) The Board of Psychology and the Board of Behavioral
13Sciences shall establish required training in the area of child abuse
14assessment and reporting for all persons applying for initial
15licensure and renewal of a license as a psychologist, clinical social
16worker, professional clinical counselor, or marriage and family
P8    1therapist. This training shall be required one time only for all
2persons applying for initial licensure or for licensure renewal.

3(c) All persons applying for initial licensure or renewal of a
4license as a psychologist, clinical social worker, professional
5clinical counselor, or marriage and family therapist shall, in
6addition to all other requirements for licensure or renewal, have
7completed coursework or training in child abuse assessment and
8reporting that meets the requirements of this section, including
9detailed knowledge of the Child Abuse and Neglect Reporting Act
10(Article 2.5 (commencing with Section 11164) of Chapter 2 of
11Title 1 of Part 4 of the Penal Code). The training shall meet all of
12the following requirements:

13(1) Be obtained from one of the following sources:

14(A) An accredited or approved educational institution, as defined
15in Sections 2902, 4980.36, 4980.37, 4996.18, and 4999.12,
16including extension courses offered by those institutions.

17(B) A continuing education provider as specified by the
18responsible board by regulation.

19(C) A course sponsored or offered by a professional association
20or a local, county, or state department of health or mental health
21for continuing education and approved or accepted by the
22responsible board.

23(2) Have a minimum of seven contact hours.

24(3) Include the study of the assessment and method of reporting
25of sexual assault, neglect, severe neglect, general neglect, willful
26cruelty or unjustifiable punishment, corporal punishment or injury,
27and abuse in out-of-home care. The training shall also include
28physical and behavioral indicators of abuse, crisis counseling
29techniques, community resources, rights and responsibilities of
30reporting, consequences of failure to report, caring for a child’s
31needs after a report is made, sensitivity to previously abused
32children and adults, and implications and methods of treatment
33for children and adults.

34(4) An applicant shall provide the appropriate board with
35documentation of completion of the required child abuse training.

36(d) The Board of Psychology and the Board of Behavioral
37Sciences shall exempt an applicant who applies for an exemption
38from this section and who shows to the satisfaction of the board
39that there would be no need for the training in his or her practice
40because of the nature of that practice.

P9    1(e) It is the intent of the Legislature that a person licensed as a
2psychologist, clinical social worker, professional clinical counselor,
3or marriage and family therapist have minimal but appropriate
4training in the areas of child, elder, and dependent adult abuse
5assessment and reporting. It is not intended that, by solely
6complying with this section, a practitioner is fully trained in the
7subject of treatment of child, elder, and dependent adult abuse
8victims and abusers.

9(f) The Board of Psychology and the Board of Behavioral
10Sciences are encouraged to include coursework regarding the
11assessment and reporting of elder and dependent adult abuse in
12the required training on aging and long-term care issues prior to
13licensure or license renewal.

14

SEC. 2.  

Section 146 of the Business and Professions Code is
15amended to read:

16

146.  

(a) Notwithstanding any other provision of law, a
17violation of any code section listed in subdivision (c) is an
18infraction subject to the procedures described in Sections 19.6 and
1919.7 of the Penal Code when either of the following applies:

20(1) A complaint or a written notice to appear in court pursuant
21to Chapter 5c (commencing with Section 853.5) of Title 3 of Part
222 of the Penal Code is filed in court charging the offense as an
23infraction unless the defendant, at the time he or she is arraigned,
24after being advised of his or her rights, elects to have the case
25proceed as a misdemeanor.

26(2) The court, with the consent of the defendant and the
27prosecution, determines that the offense is an infraction in which
28event the case shall proceed as if the defendant has been arraigned
29on an infraction complaint.

30(b) Subdivision (a) does not apply to a violation of the code
31sections listed in subdivision (c) if the defendant has had his or
32her license, registration, or certificate previously revoked or
33suspended.

34(c) The following sections require registration, licensure,
35certification, or other authorization in order to engage in certain
36businesses or professions regulated by this code:

37(1) Sections 2052 and 2054.

38(2) Section 2630.

39(3) Section 2903.

40(4) Section 3575.

P10   1(5) Section 3660.

2(6) Sections 3760 and 3761.

3(7) Section 4080.

4(8) Section 4825.

5(9) Section 4935.

6(10) Section 4980.

7(11) Section 4989.50.

8(12) Section 4996.

9(13) Section 4999.30.

10(14) Section 5536.

11(15) Section 6704.

12(16) Section 6980.10.

13(17) Section 7317.

14(18) Section 7502 or 7592.

15(19) Section 7520.

16(20) Section 7617 or 7641.

17(21) Subdivision (a) of Section 7872.

18(22) Section 8016.

19(23) Section 8505.

20(24) Section 8725.

21(25) Section 9681.

22(26) Section 9840.

23(27) Subdivision (c) of Section 9891.24.

24(28) Section 19049.

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

33

SEC. 3.  

Section 500 of the Business and Professions Code is
34amended to read:

35

500.  

If the register or book of registration of the Medical Board
36of California, the Dental Board of California, or the California
37State Board of Pharmacy is destroyed by fire or other public
38calamity, the board, whose duty it is to keep the register or book,
39may reproduce it so that there may be shown as nearly as possible
40the record existing in the original at the time of destruction.

P11   1

SEC. 4.  

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

3

650.2.  

begin insert(a)end insertbegin insertend insertNotwithstanding Section 650 or any other provision
4of law, it shall not be unlawful for a person licensed pursuant to
5Chapter 4 (commencing with Section 1600) of Division 2 or any
6other person, to participate in or operate a group advertising and
7referral service for dentists if all of the following conditions are
8met:

begin delete

34 9(a)

end delete

10begin insert(1)end insert The patient referrals by the service result from
11patient-initiated responses to service advertising.

begin delete

36 12(b)

end delete

13begin insert(2)end insert The service advertises, if at all, in conformity with Section
14651 and subdivisions (i) and (l) of Section 1680.

begin delete

38 15(c)

end delete

16begin insert(3)end insert The service does not employ a solicitor within the meaning
17of subdivision (j) of Section 1680.

begin delete

P12 1 18(d)

end delete

19begin insert(4)end insert The service does not impose a fee on the member dentists
20dependent upon the number of referrals or amount of professional
21fees paid by the patient to the dentist.

begin delete

4 22(e)

end delete

23begin insert(5)end insert Participating dentists charge no more than their usual and
24customary fees to any patient referred.

begin delete

6 25(f)

end delete

26begin insert(6)end insert The service registers with the Dental Board of California,
27providing its name and address.

begin delete

8 28(g)

end delete

29begin insert(7)end insert The service files with the Dental Board of California a copy
30of the standard form contract that regulates its relationship with
31member dentists, which contract shall be confidential and not open
32to public inspection.

begin delete

12 33(h)

end delete

34begin insert(8)end insert If more than 50 percent of its referrals are made to one
35individual, association, partnership, corporation, or group of three
36or more dentists, the service discloses that fact in all public
37communications, including, but not limited to, communication by
38means of television, radio, motion picture, newspaper, book, or
39list or directory of healing arts practitioners.

begin delete

18 40(i)

end delete

P12   1begin insert(9)end insert When member dentists pay any fee to the service, any
2advertisement by the service shall clearly and conspicuously
3 disclose that fact by including a statement as follows: “Paid for
4by participating dentists.” In print advertisements, the required
5statement shall be in at least 9-point type. In radio advertisements,
6the required statement shall be articulated so as to be clearly
7audible and understandable by the radio audience. In television
8advertisements, the required statement shall be either clearly
9audible and understandable to the television audience, or displayed
10in a written form that remains clearly visible for at least five
11seconds to the television audience. This subdivision shall be
12operative on and after July 1, 1994.

begin delete

13The

end delete

14begin insert (b)end insertbegin insertend insertbegin insertTheend insert Dental Board of California may adopt regulations
15necessary to enforce and administer this section.

begin delete

16The

end delete

17begin insert (c)end insertbegin insertend insertbegin insertTheend insert Dental Board of California may suspend or revoke the
18registration of any service that fails to comply withbegin insert paragraph (9)
19ofend insert
subdivisionbegin delete (i).end deletebegin insert (a).end insert No service may reregister with the board if
20it has a registration that is currently under suspension for a violation
21ofbegin insert paragraph (9) ofend insert subdivisionbegin delete (i),end deletebegin insert (a),end insert nor may a service reregister
22with the board if it had a registration revoked by the board for a
23violation ofbegin insert paragraph (9) ofend insert subdivisionbegin delete (i)end deletebegin insert (a)end insert less than one year
24after that revocation.

begin delete

25The

end delete

26begin insert(d)end insertbegin insertend insertbegin insertTheend insert Dental Board of California may petition the superior
27court of any county for the issuance of an injunction restraining
28any conduct that constitutes a violation of this section.

begin delete

29It

end delete

30begin insert(e)end insertbegin insertend insertbegin insertItend insert is unlawful and shall constitute a misdemeanor for a person
31to operate a group advertising and referral service for dentists
32without providing its name and address to the Dental Board of
33California.

begin delete

34It

end delete

35begin insert(f)end insertbegin insertend insertbegin insertItend insert is the intent of the Legislature in enacting this section not
36to otherwise affect the prohibitions provided in Section 650. The
37Legislature intends to allow the pooling of resources by dentists
38for the purposes of advertising.

begin delete

39This

end delete

P13   1begin insert (g)end insertbegin insertend insertbegin insertThisend insert section shall not be construed to authorize a referral
2service to engage in the practice of dentistry.

3

SEC. 5.  

Section 800 of the Business and Professions Code is
4amended to read:

5

800.  

(a) The Medical Board of California, the Board of
6Psychology, the Dental Board of California, the Dental Hygiene
7Committee of California, the Osteopathic Medical Board of
8California, the State Board of Chiropractic Examiners, the Board
9of Registered Nursing, the Board of Vocational Nursing and
10Psychiatric Technicians of the State of California, the State Board
11of Optometry, the Veterinary Medical Board, the Board of
12Behavioral Sciences, the Physical Therapy Board of California,
13the California State Board of Pharmacy, the Speech-Language
14Pathology and Audiology and Hearing Aid Dispensers Board, the
15California Board of Occupational Therapy, the Acupuncture Board,
16and the Physician Assistant Board shall each separately create and
17maintain a central file of the names of all persons who hold a
18license, certificate, or similar authority from that board. Each
19central file shall be created and maintained to provide an individual
20historical record for each licensee with respect to the following
21information:

22(1) Any conviction of a crime in this or any other state that
23constitutes unprofessional conduct pursuant to the reporting
24requirements of Section 803.

25(2) Any judgment or settlement requiring the licensee or his or
26her insurer to pay any amount of damages in excess of three
27thousand dollars ($3,000) for any claim that injury or death was
28proximately caused by the licensee’s negligence, error or omission
29in practice, or by rendering unauthorized professional services,
30pursuant to the reporting requirements of Section 801 or 802.

31(3) Any public complaints for which provision is made pursuant
32to subdivision (b).

33(4) Disciplinary information reported pursuant to Section 805,
34including any additional exculpatory or explanatory statements
35submitted by the licentiate pursuant to subdivision (f) of Section
36805. If a court finds, in a final judgment, that the peer review
37resulting in the 805 report was conducted in bad faith and the
38licensee who is the subject of the report notifies the board of that
39finding, the board shall include that finding in the central file. For
P14   1purposes of this paragraph, “peer review” has the same meaning
2as defined in Section 805.

3(5) Information reported pursuant to Section 805.01, including
4any explanatory or exculpatory information submitted by the
5licensee pursuant to subdivision (b) of that section.

6(b) (1) Each board shall prescribe and promulgate forms on
7which members of the public and other licensees or certificate
8holders may file written complaints to the board alleging any act
9of misconduct in, or connected with, the performance of
10professional services by the licensee.

11(2) If a board, or division thereof, a committee, or a panel has
12failed to act upon a complaint or report within five years, or has
13found that the complaint or report is without merit, the central file
14shall be purged of information relating to the complaint or report.

15(3) Notwithstanding this subdivision, the Board of Psychology,
16the Board of Behavioral Sciences, and the Respiratory Care Board
17of California shall maintain complaints or reports as long as each
18board deems necessary.

19(c) (1) The contents of any central file that are not public
20records under any other provision of law shall be confidential
21except that the licensee involved, or his or her counsel or
22representative, shall have the right to inspect and have copies made
23of his or her complete file except for the provision that may
24disclose the identity of an information source. For the purposes of
25this section, a board may protect an information source by
26providing a copy of the material with only those deletions necessary
27to protect the identity of the source or by providing a
28comprehensive summary of the substance of the material.
29Whichever method is used, the board shall ensure that full
30disclosure is made to the subject of any personal information that
31could reasonably in any way reflect or convey anything detrimental,
32disparaging, or threatening to a licensee’s reputation, rights,
33benefits, privileges, or qualifications, or be used by a board to
34make a determination that would affect a licensee’s rights, benefits,
35privileges, or qualifications. The information required to be
36disclosed pursuant to Section 803.1 shall not be considered among
37the contents of a central file for the purposes of this subdivision.

38(2) The licensee may, but is not required to, submit any
39additional exculpatory or explanatory statement or other
40information that the board shall include in the central file.

P15   1(3) Each board may permit any law enforcement or regulatory
2agency when required for an investigation of unlawful activity or
3for licensing, certification, or regulatory purposes to inspect and
4have copies made of that licensee’s file, unless the disclosure is
5otherwise prohibited by law.

6(4) These disclosures shall effect no change in the confidential
7status of these records.

8

SEC. 6.  

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

10

1603a.  

A member of the Dental Board of California who has
11served two terms shall not be eligible for reappointment to the
12board. In computing two terms hereunder, that portion of an
13unexpired term that a member fills as a result of a vacancy shall
14be excluded.

15

SEC. 7.  

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

17

1618.5.  

(a) The board shall provide to the Director of the
18Department of Managed Health Care a copy of any accusation
19filed with the Office of Administrative Hearings pursuant to
20Chapter 5 (commencing with Section 11500) of Part 1 of Division
213 of Title 2 of the Government Code, when the accusation is filed,
22for a violation of this chapter relating to the quality of care of any
23dental provider of a health care service plan, as defined in Section
241345 of the Health and Safety Code. There shall be no liability on
25the part of, and no cause of action shall arise against, the State of
26California, the Dental Board of California, the Department of
27Managed Health Care, the director of that department, or any
28officer, agent, employee, consultant, or contractor of the state or
29the board or the department for the release of any false or
30unauthorized information pursuant to this section, unless the release
31is made with knowledge and malice.

32(b) The board and its executive officer and staff shall maintain
33the confidentiality of any nonpublic reports provided by the
34Director of the Department of Managed Health Care pursuant to
35subdivision (i) of Section 1380 of the Health and Safety Code.

36

SEC. 8.  

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

38

1640.1.  

As used in this article, the following definitions shall
39apply:

P16   1(a) “Specialty” means an area of dental practice approved by
2the American Dental Association and recognized by the board.

3(b) “Discipline” means an advanced dental educational program
4in an area of dental practice not approved as a specialty by the
5American Dental Association; but offered from a dental college
6approved by the board.

7(c) “Dental college approved by the board” means a dental
8school or college that is approved by the Commission on Dental
9Accreditation of the American Dental Association, that is
10accredited by a body that has a reciprocal accreditation agreement
11with that commission, or that has been approved by the Dental
12Board of California through its own approval process.

13

SEC. 9.  

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

15

1648.10.  

(a) The Dental Board of California shall develop and
16distribute a fact sheet describing and comparing the risks and
17efficacy of the various types of dental restorative materials that
18may be used to repair a dental patient’s oral condition or defect.
19The fact sheet shall include:

20(1) A description of the groups of materials that are available
21to the profession for restoration of an oral condition or defect.

22(2) A comparison of the relative benefits and detriments of each
23group of materials.

24(3) A comparison of the cost considerations associated with
25each group of materials.

26(4) A reference to encourage discussion between patient and
27dentist regarding materials and to inform the patient of his or her
28options.

29(b) The fact sheet shall be made available by the Dental Board
30of California to all licensed dentists.

31(c) The Dental Board of California shall update the fact sheet
32described in subdivision (a) as determined necessary by the board.

33

SEC. 10.  

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

35

1650.  

Every person who is now or hereafter licensed to practice
36dentistry in this state shall register on forms prescribed by the
37board, his or her place of practice with the executive officer of the
38Dental Board of California, or, if he or she has more than one place
39of practice, all of the places of practice, or, if he or she has no place
40of practice, to so notify the executive officer of the board. A person
P17   1licensed by the board shall register with the executive officer within
230 days after the date of his or her license.

3

SEC. 11.  

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

5

1695.  

It is the intent of the Legislature that the Dental Board
6of California seek ways and means to identify and rehabilitate
7licentiates whose competency may be impaired due to abuse of
8dangerous drugs or alcohol, so that licentiates so afflicted may be
9treated and returned to the practice of dentistry in a manner that
10will not endanger the public health and safety. It is also the intent
11of the Legislature that the Dental Board of California shall
12implement this legislation in part by establishing a diversion
13program as a voluntary alternative approach to traditional
14disciplinary actions.

15

SEC. 12.  

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

17

1695.1.  

As used in this article:

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

19(b) “Committee” means a diversion evaluation committee
20created by this article.

21(c) “Program manager” means the staff manager of the diversion
22program, as designated by the executive officer of the board. The
23program manager shall have background experience in dealing
24with substance abuse issues.

25

SEC. 13.  

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

27

1905.1.  

The committee may contract with the dental board to
28carry out this article. The committee may contract with the dental
29board to perform investigations of applicants and licensees under
30this article.

31

SEC. 14.  

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

33

SEC. 15.  

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

35

1944.  

(a) The committee shall establish by resolution the
36amount of the fees that relate to the licensing of a registered dental
37hygienist, a registered dental hygienist in alternative practice, and
38a registered dental hygienist in extended functions. The fees
39established by board resolution in effect on June 30, 2009, as they
40relate to the licensure of registered dental hygienists, registered
P18   1dental hygienists in alternative practice, and registered dental
2hygienists in extended functions, shall remain in effect until
3modified by the committee. The fees are subject to the following
4limitations:

5(1) The application fee for an original license and the fee for
6issuance of an original license shall not exceed two hundred fifty
7dollars ($250).

8(2) The fee for examination for licensure as a registered dental
9hygienist shall not exceed the actual cost of the examination.

10(3) The fee for examination for licensure as a registered dental
11hygienist in extended functions shall not exceed the actual cost of
12the examination.

13(4) The fee for examination for licensure as a registered dental
14hygienist in alternative practice shall not exceed the actual cost of
15administering the examination.

16(5) The biennial renewal fee shall not exceed one hundred sixty
17dollars ($160).

18(6) The delinquency fee shall not exceed one-half of the renewal
19fee. Any delinquent license may be restored only upon payment
20of all fees, including the delinquency fee, and compliance with all
21other applicable requirements of this article.

22(7) The fee for issuance of a duplicate license to replace one
23that is lost or destroyed, or in the event of a name change, shall
24not exceed twenty-five dollars ($25) or one-half of the renewal
25fee, whichever is greater.

26(8) The fee for certification of licensure shall not exceed one-half
27of the renewal fee.

28(9) The fee for each curriculum review, feasibility study review,
29and site evaluation for educational programs for dental hygienists
30who are not accredited by a committee-approved agency shall not
31exceed two thousand one hundred dollars ($2,100).

32(10) The fee for each review or approval of course requirements
33for licensure or procedures that require additional training shall
34not exceed seven hundred fifty dollars ($750).

35(11) The initial application and biennial fee for a provider of
36continuing education shall not exceed five hundred dollars ($500).

37(12) The amount of fees payable in connection with permits
38issued under Section 1962 is as follows:

39(A) The initial permit fee is an amount equal to the renewal fee
40for the applicant’s license to practice dental hygiene in effect on
P19   1the last regular renewal date before the date on which the permit
2is issued.

3(B) If the permit will expire less than one year after its issuance,
4then the initial permit fee is an amount equal to 50 percent of the
5renewal fee in effect on the last regular renewal date before the
6date on which the permit is issued.

7(b) The renewal and delinquency fees shall be fixed by the
8committee by resolution at not more than the current amount of
9the renewal fee for a license to practice under this article nor less
10than five dollars ($5).

11(c) Fees fixed by the committee by resolution pursuant to this
12section shall not be subject to the approval of the Office of
13Administrative Law.

14(d) Fees collected pursuant to this section shall be collected by
15the committee and deposited into the State Dental Hygiene Fund,
16which is hereby created. All money in this fund shall, upon
17appropriation by the Legislature in the annual Budget Act, be used
18to implement this article.

19(e) No fees or charges other than those listed in this section shall
20be levied by the committee in connection with the licensure of
21registered dental hygienists, registered dental hygienists in
22alternative practice, or registered dental hygienists in extended
23functions.

24(f) The fee for registration of an extramural dental facility shall
25not exceed two hundred fifty dollars ($250).

26(g) The fee for registration of a mobile dental hygiene unit shall
27not exceed one hundred fifty dollars ($150).

28(h) The biennial renewal fee for a mobile dental hygiene unit
29shall not exceed two hundred fifty dollars ($250).

30(i) The fee for an additional office permit shall not exceed two
31hundred fifty dollars ($250).

32(j) The biennial renewal fee for an additional office as described
33in Section 1926.4 shall not exceed two hundred fifty dollars ($250).

34(k) The initial application and biennial special permit fee is an
35amount equal to the biennial renewal fee specified in paragraph
36(6) of subdivision (a).

37(l) The fees in this section shall not exceed an amount sufficient
38to cover the reasonable regulatory cost of carrying out this article.

39

SEC. 16.  

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

P20   1

2054.  

(a) Any person who uses in any sign, business card, or
2letterhead, or, in an advertisement, the words “doctor” or
3“physician,” the letters or prefix “Dr.,” the initials “M.D.,” or any
4other terms or letters indicating or implying that he or she is a
5physician and surgeon, physician, surgeon, or practitioner under
6the terms of this or any other law, or that he or she is entitled to
7practice hereunder, or who represents or holds himself or herself
8out as a physician and surgeon, physician, surgeon, or practitioner
9under the terms of this or any other law, without having at the time
10of so doing a valid, unrevoked, and unsuspended certificate as a
11physician and surgeon under this chapter, is guilty of a
12misdemeanor.

13(b) A holder of a valid, unrevoked, and unsuspended certificate
14to practice podiatric medicine may use the phrases “doctor of
15podiatric medicine,” “doctor of podiatry,” and “podiatric doctor,”
16or the initials “D.P.M.,” and shall not be in violation of subdivision
17(a).

18(c) Notwithstanding subdivision (a), any of the following
19persons may use the words “doctor” or “physician,” the letters or
20prefix “Dr.,” or the initials “M.D.”:

21(1) A graduate of a medical school approved or recognized by
22the board while enrolled in a postgraduate training program
23approved by the board.

24(2) A graduate of a medical school who does not have a
25certificate as a physician and surgeon under this chapter if he or
26she meets all of the following requirements:

27(A) If issued a license to practice medicine in any jurisdiction,
28has not had that license revoked or suspended by that jurisdiction.

29(B) Does not otherwise hold himself or herself out as a physician
30and surgeon entitled to practice medicine in this state except to
31the extent authorized by this chapter.

32(C) Does not engage in any of the acts prohibited by Section
332060.

34(3) A person authorized to practice medicine under Section 2111
35or 2113 subject to the limitations set forth in those sections.

36

SEC. 17.  

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

38

2401.  

(a) Notwithstanding Section 2400, a clinic operated
39primarily for the purpose of medical education by a public or
40private nonprofit university medical school, which is approved by
P21   1the board or the Osteopathic Medical Board of California, may
2charge for professional services rendered to teaching patients by
3licensees who hold academic appointments on the faculty of the
4university, if the charges are approved by the physician and surgeon
5in whose name the charges are made.

6(b) Notwithstanding Section 2400, a clinic operated under
7subdivision (p) of Section 1206 of the Health and Safety Code
8may employ licensees and charge for professional services rendered
9by those licensees. However, the clinic shall not interfere with,
10control, or otherwise direct the professional judgment of a
11physician and surgeon in a manner prohibited by Section 2400 or
12any other provision of law.

13(c) Notwithstanding Section 2400, a narcotic treatment program
14operated under Section 11876 of the Health and Safety Code and
15regulated by the State Department of Health Care Services, may
16employ licensees and charge for professional services rendered by
17those licensees. However, the narcotic treatment program shall
18not interfere with, control, or otherwise direct the professional
19judgment of a physician and surgeon in a manner prohibited by
20Section 2400 or any other provision of law.

21(d) Notwithstanding Section 2400, a hospital that is owned and
22operated by a licensed charitable organization, that offers only
23pediatric subspecialty care, that, prior to January 1, 2013, employed
24licensees on a salary basis, and that has not charged for professional
25services rendered to patients may, commencing January 1, 2013,
26charge for professional services rendered to patients, provided the
27following conditions are met:

28(1) The hospital does not increase the number of salaried
29licensees by more than five licensees each year.

30(2) The hospital does not expand its scope of services beyond
31pediatric subspecialty care.

32(3) The hospital accepts each patient needing its scope of
33services regardless of his or her ability to pay, including whether
34the patient has any form of health care coverage.

35(4) The medical staff concur by an affirmative vote that the
36licensee’s employment is in the best interest of the communities
37served by the hospital.

38(5) The hospital does not interfere with, control, or otherwise
39direct a physician and surgeon’s professional judgment in a manner
40prohibited by Section 2400 or any other provision of law.

P22   1

SEC. 18.  

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

3

2428.  

(a) A person who voluntarily cancels his or her license
4or who fails to renew his or her license within five years after its
5expiration shall not renew it, but that person may apply for and
6obtain a new license if he or she:

7(1) Has not committed any acts or crimes constituting grounds
8for denial of licensure under Division 1.5 (commencing with
9Section 475).

10(2) Takes and passes the examination, if any, which would be
11required of him or her if application for licensure was being made
12for the first time, or otherwise establishes to the satisfaction of the
13licensing authority that passes on the qualifications of applicants
14for the license that, with due regard for the public interest, he or
15she is qualified to practice the profession or activity for which the
16applicant was originally licensed.

17(3) Pays all of the fees that would be required if application for
18licensure was being made for the first time.

19The licensing authority may provide for the waiver or refund of
20all or any part of an examination fee in those cases in which a
21license is issued without an examination pursuant to this section.

22Nothing in this section shall be construed to authorize the
23issuance of a license for a professional activity or system or mode
24of healing for which licenses are no longer required.

25(b) In addition to the requirements set forth in subdivision (a),
26an applicant shall establish that he or she meets one of the
27following requirements: (1) satisfactory completion of at least two
28years of approved postgraduate training; (2) certification by a
29specialty board approved by the American Board of Medical
30Specialties or approved by the board pursuant to subdivision (h)
31of Section 651; or (3) passing of the clinical competency written
32examination.

33(c) Subdivision (a) shall apply to persons who held licenses to
34practice podiatric medicine except that those persons who failed
35to renew their licenses within three years after its expiration may
36not renew it, and it may not be reissued, reinstated, or restored,
37except in accordance with subdivision (a).

38

SEC. 19.  

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

P23   1

2529.  

(a) Graduates of the Southern California Psychoanalytic
2Institute, the Los Angeles Psychoanalytic Society and Institute,
3the San Francisco Psychoanalytic Institute, the San Diego
4Psychoanalytic Center, or institutes deemed equivalent by the
5Medical Board of California who have completed clinical training
6in psychoanalysis may engage in psychoanalysis as an adjunct to
7teaching, training, or research and hold themselves out to the public
8as psychoanalysts, and students in those institutes may engage in
9psychoanalysis under supervision, if the students and graduates
10do not hold themselves out to the public by any title or description
11of services incorporating the words “psychological,”
12“psychologist,” “psychology,” “psychometrists,” “psychometrics,”
13or “psychometry,” or that they do not state or imply that they are
14licensed to practice psychology.

15(b) Those students and graduates seeking to engage in
16psychoanalysis under this chapter shall register with the Medical
17Board of California, presenting evidence of their student or
18graduate status. The board may suspend or revoke the exemption
19of those persons for unprofessional conduct as defined in Sections
20726, 2234, and 2235.

21

SEC. 20.  

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

23

2650.  

(a) The physical therapist education requirements are
24as follows:

25(1) Except as otherwise provided in this chapter, each applicant
26for a license as a physical therapist shall be a graduate of a
27professional degree program of an accredited postsecondary
28institution or institutions approved by the board and shall have
29completed a professional education program including academic
30course work and clinical internship in physical therapy.

31(2) Unless otherwise specified by the board by regulation, the
32educational requirements shall include instruction in the subjects
33prescribed by the Commission on Accreditation in Physical
34Therapy Education (CAPTE) of the American Physical Therapy
35Association or Physiotherapy Education Accreditation Canada and
36shall include a combination of didactic and clinical experiences.
37The clinical experience shall include at least 18 weeks of full-time
38experience with a variety of patients.

39(b) The physical therapist assistant educational requirements
40are as follows:

P24   1(1) Except as otherwise provided in this chapter, each applicant
2for a license as a physical therapist assistant shall be a graduate of
3a physical therapist assistant program of an accredited
4postsecondary institution or institutions approved by the board,
5and shall have completed both the academic and clinical experience
6required by the physical therapist assistant program, and have been
7awarded an associate degree.

8(2) Unless otherwise specified by the board by regulation, the
9educational requirements shall include instruction in the subjects
10prescribed by the CAPTE of the American Physical Therapy
11Association or Physiotherapy Education Accreditation Canada or
12another body as may be approved by the board by regulation and
13shall include a combination of didactic and clinical experiences.

14

SEC. 21.  

The heading of Article 3.1 (commencing with Section
152770) of Chapter 6 of Division 2 of the Business and Professions
16Code
is amended to read:

17 

18Article 3.1.  Intervention Program
19

 

20

SEC. 22.  

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

22

2770.  

It is the intent of the Legislature that the Board of
23Registered Nursing seek ways and means to identify and
24rehabilitate registered nurses whose competency may be impaired
25due to abuse of alcohol and other drugs, or due to mental illness
26so that registered nurses so afflicted may be rehabilitated and
27returned to the practice of nursing in a manner that will not
28endanger the public health and safety. It is also the intent of the
29Legislature that the Board of Registered Nursing shall implement
30this legislation by establishing an intervention program as a
31voluntary alternative to traditional disciplinary actions.

32

SEC. 23.  

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

34

2770.1.  

As used in this article:

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

36(b) “Committee” means an intervention evaluation committee
37created by this article.

38(c) “Program manager” means the staff manager of the
39intervention program, as designated by the executive officer of the
P25   1board. The program manager shall have background experience
2in dealing with substance abuse issues.

3

SEC. 24.  

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

5

2770.2.  

begin insert(a)end insertbegin insertend insertOne or more intervention evaluation committees
6is hereby created in the state to be established by the board. Each
7committee shall be composed of five persons appointed by the
8board. No board member shall serve on any committee.

begin delete

9Each

end delete

10begin insert(b)end insertbegin insertend insertbegin insertEachend insert committee shall have the following composition:

begin delete

23 11(a)

end delete

12begin insert(1)end insert Three registered nurses, holding active California licenses,
13who have demonstrated expertise in the field of chemical
14dependency or psychiatric nursing.

begin delete

26 15(b)

end delete

16begin insert(2)end insert One physician, holding an active California license, who
17specializes in the diagnosis and treatment of addictive diseases or
18mental illness.

begin delete

29 19(c)

end delete

20begin insert(3)end insert One public member who is knowledgeable in the field of
21chemical dependency or mental illness.

begin delete

22It

end delete

23begin insert(c)end insertbegin insertend insertbegin insertItend insert shall require a majority vote of the board to appoint a
24person to a committee. Each appointment shall be at the pleasure
25of the board for a term not to exceed four years. In its discretion
26the board may stagger the terms of the initial members appointed.

27

SEC. 25.  

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

29

2770.7.  

(a) The board shall establish criteria for the acceptance,
30denial, or termination of registered nurses in the intervention
31program. Only those registered nurses who have voluntarily
32requested to participate in the intervention program shall participate
33in the program.

34(b) A registered nurse under current investigation by the board
35may request entry into the intervention program by contacting the
36board. Prior to authorizing a registered nurse to enter into the
37intervention program, the board may require the registered nurse
38under current investigation for any violations of this chapter or
39any other provision of this code to execute a statement of
40understanding that states that the registered nurse understands that
P26   1his or her violations that would otherwise be the basis for discipline
2may still be investigated and may be the subject of disciplinary
3action.

4(c) If the reasons for a current investigation of a registered nurse
5are based primarily on the self-administration of any controlled
6substance or dangerous drug or alcohol under Section 2762, or the
7illegal possession, prescription, or nonviolent procurement of any
8controlled substance or dangerous drug for self-administration that
9does not involve actual, direct harm to the public, the board shall
10close the investigation without further action if the registered nurse
11is accepted into the board’s intervention program and successfully
12completes the program. If the registered nurse withdraws or is
13terminated from the program by an intervention evaluation
14committee, and the termination is approved by the program
15manager, the investigation shall be reopened and disciplinary action
16imposed, if warranted, as determined by the board.

17(d) Neither acceptance nor participation in the intervention
18program shall preclude the board from investigating or continuing
19to investigate, or taking disciplinary action or continuing to take
20disciplinary action against, any registered nurse for any
21unprofessional conduct committed before, during, or after
22participation in the intervention program.

23(e) All registered nurses shall sign an agreement of
24understanding that the withdrawal or termination from the
25intervention program at a time when the program manager or
26intervention evaluation committee determines the licentiate presents
27a threat to the public’s health and safety shall result in the
28utilization by the board of intervention program treatment records
29in disciplinary or criminal proceedings.

30(f) Any registered nurse terminated from the intervention
31program for failure to comply with program requirements is subject
32to disciplinary action by the board for acts committed before,
33during, and after participation in the intervention program. A
34registered nurse who has been under investigation by the board
35and has been terminated from the intervention program by an
36intervention evaluation committee shall be reported by the
37intervention evaluation committee to the board.

38

SEC. 26.  

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

P27   1

2770.8.  

A committee created under this article operates under
2the direction of the intervention program manager. The program
3manager has the primary responsibility to review and evaluate
4recommendations of the committee. Each committee shall have
5the following duties and responsibilities:

6(a) To evaluate those registered nurses who request participation
7in the program according to the guidelines prescribed by the board,
8and to make recommendations.

9(b) To review and designate those treatment services to which
10registered nurses in an intervention program may be referred.

11(c) To receive and review information concerning a registered
12nurse participating in the program.

13(d) To consider in the case of each registered nurse participating
14in a program whether he or she may with safety continue or resume
15the practice of nursing.

16(e) To call meetings as necessary to consider the requests of
17registered nurses to participate in an intervention program, and to
18consider reports regarding registered nurses participating in a
19program.

20(f) To make recommendations to the program manager regarding
21the terms and conditions of the intervention agreement for each
22registered nurse participating in the program, including treatment,
23supervision, and monitoring requirements.

24

SEC. 27.  

Section 2770.10 of the Business and Professions
25Code
is amended to read:

26

2770.10.  

Notwithstanding Article 9 (commencing with Section
2711120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
28Government Code, relating to public meetings, a committee may
29convene in closed session to consider reports pertaining to any
30registered nurse requesting or participating in an intervention
31program. A committee shall only convene in closed session to the
32extent that it is necessary to protect the privacy of such a licentiate.

33

SEC. 28.  

Section 2770.11 of the Business and Professions
34Code
is amended to read:

35

2770.11.  

(a) Each registered nurse who requests participation
36in an intervention program shall agree to cooperate with the
37rehabilitation program designed by the committee and approved
38by the program manager. Any failure to comply with a
39rehabilitation program may result in termination of the registered
40nurse’s participation in a program. The name and license number
P28   1of a registered nurse who is terminated for any reason, other than
2successful completion, shall be reported to the board’s enforcement
3program.

4(b) If the program manager determines that a registered nurse,
5who is denied admission into the program or terminated from the
6program, presents a threat to the public or his or her own health
7and safety, the program manager shall report the name and license
8number, along with a copy of all intervention program records for
9that registered nurse, to the board’s enforcement program. The
10board may use any of the records it receives under this subdivision
11in any disciplinary proceeding.

12

SEC. 29.  

Section 2770.12 of the Business and Professions
13Code
is amended to read:

14

2770.12.  

(a) After the committee and the program manager
15in their discretion have determined that a registered nurse has
16successfully completed the intervention program, all records
17pertaining to the registered nurse’s participation in the intervention
18program shall be purged.

19(b) All board and committee records and records of a proceeding
20pertaining to the participation of a registered nurse in the
21intervention program shall be kept confidential and are not subject
22to discovery or subpoena, except as specified in subdivision (b)
23of Section 2770.11 and subdivision (c).

24(c) A registered nurse shall be deemed to have waived any rights
25granted by any laws and regulations relating to confidentiality of
26the intervention program, if he or she does any of the following:

27(1) Presents information relating to any aspect of the intervention
28program during any stage of the disciplinary process subsequent
29to the filing of an accusation, statement of issues, or petition to
30compel an examination pursuant to Article 12.5 (commencing with
31Section 820) of Chapter 1. The waiver shall be limited to
32information necessary to verify or refute any information disclosed
33by the registered nurse.

34(2) Files a lawsuit against the board relating to any aspect of
35the intervention program.

36(3) Claims in defense to a disciplinary action, based on a
37complaint that led to the registered nurse’s participation in the
38intervention program, that he or she was prejudiced by the length
39of time that passed between the alleged violation and the filing of
40the accusation. The waiver shall be limited to information necessary
P29   1to document the length of time the registered nurse participated in
2the intervention program.

3

SEC. 30.  

Section 2770.13 of the Business and Professions
4Code
is amended to read:

5

2770.13.  

The board shall provide for the legal representation
6of any person making reports under this article to a committee or
7the board in any action for defamation directly resulting from those
8reports regarding a registered nurse’s participation in an
9intervention program.

10

SEC. 31.  

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

12

2835.5.  

On and after January 1, 2008, an applicant for initial
13qualification or certification as a nurse practitioner under this article
14who has not been qualified or certified as a nurse practitioner in
15California or any other state shall meet the following requirements:

16(a) Hold a valid and active registered nursing license issued
17under this chapter.

18(b) Possess a master’s degree in nursing, a master’s degree in
19a clinical field related to nursing, or a graduate degree in nursing.

20(c) Satisfactorily complete a nurse practitioner program
21approved by the board.

22

SEC. 32.  

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

24

2914.  

Each applicant for licensure shall comply with all of the
25following requirements:

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

28(b) begin insert(1)end insertbegin insertend insertPossess an earned doctorate degree (1) in psychology,
29(2) in educational psychology, or (3) in education with the field
30of specialization in counseling psychology or educational
31psychology. Except as provided in subdivision (g), this degree or
32training shall be obtained from an accredited university, college,
33or professional school. The board shall make the final
34determination as to whether a degree meets the requirements of
35this section.

begin delete

36No

end delete

37begin insert(2)end insertbegin insertend insertbegin insertNoend insert educational institution shall be denied recognition as an
38accredited academic institution solely because its program is not
39accredited by any professional organization of psychologists, and
40nothing in this chapter or in the administration of this chapter shall
P30   1require the registration with the board by educational institutions
2of their departments of psychology or their doctoral programs in
3psychology.

begin delete

4An

end delete

5begin insert(3)end insertbegin insertend insertbegin insertAnend insert applicant for licensure trained in an educational institution
6outside the United States or Canada shall demonstrate to the
7satisfaction of the board that he or she possesses a doctorate degree
8in psychology that is equivalent to a degree earned from a
9regionally accredited university in the United States or Canada.
10These applicants shall provide the board with a comprehensive
11evaluation of the degree performed by a foreign credential
12evaluation service that is a member of the National Association
13of Credential Evaluation Services (NACES), and any other
14documentation the board deems necessary.

15(c) begin insert(1)end insertbegin insertend insertHave engaged for at least two years in supervised
16professional experience under the direction of a licensed
17psychologist, the specific requirements of which shall be defined
18by the board in its regulations, or under suitable alternative
19supervision as determined by the board in regulations duly adopted
20under this chapter, at least one year of which shall be after being
21awarded the doctorate in psychology. If the supervising licensed
22psychologist fails to provide verification to the board of the
23experience required by this subdivision within 30 days after being
24so requested by the applicant, the applicant may provide written
25verification directly to the board.

begin delete

26If

end delete

27begin insert (2)end insertbegin insertend insertbegin insertIfend insert the applicant sends verification directly to the board, the
28applicant shall file with the board a declaration of proof of service,
29under penalty of perjury, of the request for verification. A copy of
30the completed verification forms shall be provided to the
31supervising psychologist and the applicant shall prove to the board
32that a copy has been sent to the supervising psychologist by filing
33a declaration of proof of service under penalty of perjury, and shall
34file this declaration with the board when the verification forms are
35submitted.

begin delete

36Upon

end delete

37begin insert(3)end insertbegin insertend insertbegin insertUponend insert receipt by the board of the applicant’s verification and
38declarations, a rebuttable presumption affecting the burden of
39producing evidence is created that the supervised, professional
40experience requirements of this subdivision have been satisfied.
P31   1The supervising psychologist shall have 20 days from the day the
2board receives the verification and declaration to file a rebuttal
3with the board.

begin delete

4The

end delete

5begin insert(4)end insertbegin insertend insertbegin insertTheend insert authority provided by this subdivision for an applicant
6to file written verification directly shall apply only to an applicant
7who has acquired the experience required by this subdivision in
8the United States.

begin delete

9The

end delete

10begin insert(5)end insertbegin insertend insertbegin insertTheend insert board shall establish qualifications by regulation for
11supervising psychologists and shall review and approve applicants
12for this position on a case-by-case basis.

13(d) Take and pass the examination required by Section 2941
14unless otherwise exempted by the board under this chapter.

15(e) Show by evidence satisfactory to the board that he or she
16has completed training in the detection and treatment of alcohol
17and other chemical substance dependency. This requirement applies
18only to applicants who matriculate on or after September 1, 1985.

19(f) (1) Show by evidence satisfactory to the board that he or
20she has completed coursework in spousal or partner abuse
21assessment, detection, and intervention. This requirement applies
22to applicants who began graduate training during the period
23commencing on January 1, 1995, and ending on December 31,
242003.

25(2) An applicant who began graduate training on or after January
261, 2004, shall show by evidence satisfactory to the board that he
27or she has completed a minimum of 15 contact hours of coursework
28in spousal or partner abuse assessment, detection, and intervention
29strategies, including knowledge of community resources, cultural
30factors, and same gender abuse dynamics. An applicant may request
31an exemption from this requirement if he or she intends to practice
32in an area that does not include the direct provision of mental health
33services.

34(3) Coursework required under this subdivision may be
35satisfactory if taken either in fulfillment of other educational
36requirements for licensure or in a separate course. This requirement
37for coursework shall be satisfied by, and the board shall accept in
38satisfaction of the requirement, a certification from the chief
39academic officer of the educational institution from which the
P32   1applicant graduated that the required coursework is included within
2the institution’s required curriculum for graduation.

3(g) An applicant holding a doctoral degree in psychology from
4an approved institution is deemed to meet the requirements of this
5section if both of the following are true:

6(1) The approved institution offered a doctoral degree in
7psychology designed to prepare students for a license to practice
8psychology and was approved by the former Bureau for Private
9Postsecondary and Vocational Education on or before July 1, 1999.

10(2) The approved institution has not, since July 1, 1999, had a
11new location, as described in Section 94823.5 of the Education
12Code.

13

SEC. 33.  

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

15

3057.  

(a) The board may issue a license to practice optometry
16to a person who meets all of the following requirements:

17(1) Has a degree as a doctor of optometry issued by an accredited
18school or college of optometry.

19(2) Has successfully passed the licensing examination for an
20optometric license in another state.

21(3) Submits proof that he or she is licensed in good standing as
22of the date of application in every state where he or she holds a
23license, including compliance with continuing education
24requirements.

25(4) Is not subject to disciplinary action as set forth in subdivision
26 (h) of Section 3110. If the person has been subject to disciplinary
27action, the board shall review that action to determine if it presents
28sufficient evidence of a violation of this chapter to warrant the
29submission of additional information from the person or the denial
30of the application for licensure.

31(5) Has furnished a signed release allowing the disclosure of
32information from the National Practitioner Database and, if
33applicable, the verification of registration status with the federal
34Drug Enforcement Administration. The board shall review this
35information to determine if it presents sufficient evidence of a
36violation of this chapter to warrant the submission of additional
37information from the person or the denial of the application for
38licensure.

39(6) Has never had his or her license to practice optometry
40revoked or suspended in any state where the person holds a license.

P33   1(7) (A) Is not subject to denial of an application for licensure
2based on any of the grounds listed in Section 480.

3(B) Is not currently required to register as a sex offender
4pursuant to Section 290 of the Penal Code.

5(8) Has met the minimum continuing education requirements
6set forth in Section 3059 for the current and preceding year.

7(9) Has met the certification requirements of Section 3041.3 to
8use therapeutic pharmaceutical agents under subdivision (e) of
9Section 3041.

10(10) Submits any other information as specified by the board
11to the extent it is required for licensure by examination under this
12chapter.

13(11) Files an application on a form prescribed by the board,
14with an acknowledgment by the person executed under penalty of
15perjury and automatic forfeiture of license, of the following:

16(A) That the information provided by the person to the board
17is true and correct, to the best of his or her knowledge and belief.

18(B) That the person has not been convicted of an offense
19involving conduct that would violate Section 810.

20(12) Pays an application fee in an amount equal to the
21application fee prescribed pursuant to subdivision (a) of Section
223152.

23(13) Has successfully passed the board’s jurisprudence
24examination.

25(b) If the board finds that the competency of a candidate for
26licensure pursuant to this section is in question, the board may
27require the passage of a written, practical, or clinical examination
28or completion of additional continuing education or coursework.

29(c) In cases where the person establishes, to the board’s
30satisfaction, that he or she has been displaced by a federally
31declared emergency and cannot relocate to his or her state of
32practice within a reasonable time without economic hardship, the
33board may reduce or waive the fees required by paragraph (12) of
34subdivision (a).

35(d) Any license issued pursuant to this section shall expire as
36provided in Section 3146, and may be renewed as provided in this
37chapter, subject to the same conditions as other licenses issued
38under this chapter.

39(e) The term “in good standing,” as used in this section, means
40that a person under this section:

P34   1(1) Is not currently under investigation nor has been charged
2with an offense for any act substantially related to the practice of
3optometry by any public agency, nor entered into any consent
4agreement or subject to an administrative decision that contains
5conditions placed by an agency upon a person’s professional
6conduct or practice, including any voluntary surrender of license,
7nor been the subject of an adverse judgment resulting from the
8practice of optometry that the board determines constitutes
9evidence of a pattern of incompetence or negligence.

10(2) Has no physical or mental impairment related to drugs or
11alcohol, and has not been found mentally incompetent by a licensed
12psychologist or licensed psychiatrist so that the person is unable
13to undertake the practice of optometry in a manner consistent with
14the safety of a patient or the public.

15

SEC. 34.  

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

17

3509.5.  

The board shall elect annually a president and a vice
18president from among its members.

19

SEC. 35.  

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

21

4836.2.  

(a) Applications for a veterinary assistant controlled
22substance permit shall be upon a form furnished by the board.

23(b) The fee for filing an application for a veterinary assistant
24controlled substance permit shall be set by the board in an amount
25the board determines is reasonably necessary to provide sufficient
26funds to carry out the purposes of this section, not to exceed one
27hundred dollars ($100).

28(c) The board may suspend or revoke the controlled substance
29permit of a veterinary assistant after notice and hearing for any
30cause provided in this subdivision. The proceedings under this
31section shall be conducted in accordance with the provisions for
32administrative adjudication in Chapter 5 (commencing with Section
3311500) of Part 1 of Division 3 of Title 2 of the Government Code,
34and the board shall have all the powers granted therein. The board
35may deny, revoke, or suspend a veterinary assistant controlled
36substance permit for any of the following reasons:

37(1) The employment of fraud, misrepresentation, or deception
38in obtaining a veterinary assistant controlled substance permit.

39(2) Chronic inebriety or habitual use of controlled substances.

P35   1(3) The veterinary assistant to whom the permit is issued has
2been convicted of a state or federal felony controlled substance
3violation.

4(4) Violating or attempts to violate, directly or indirectly, or
5assisting in or abetting the violation of, or conspiring to violate,
6any provision of this chapter, or of the regulations adopted under
7this chapter.

8(d) The board shall not issue a veterinary assistant controlled
9substance permit to any applicant with a state or federal felony
10controlled substance conviction.

11(e) (1) As part of the application for a veterinary assistant
12controlled substance permit, the applicant shall submit to the
13Department of Justice fingerprint images and related information,
14as required by the Department of Justice for all veterinary assistant
15applicants, for the purposes of obtaining information as to the
16existence and content of a record of state or federal convictions
17and state or federal arrests and information as to the existence and
18content of a record of state or federal arrests for which the
19Department of Justice establishes that the person is free on bail or
20on his or her own recognizance pending trial or appeal.

21(2) When received, the Department of Justice shall forward to
22the Federal Bureau of Investigation requests for federal summary
23criminal history information that it receives pursuant to this section.
24The Department of Justice shall review any information returned
25to it from the Federal Bureau of Investigation and compile and
26disseminate a response to the board summarizing that information.

27(3) The Department of Justice shall provide a state or federal
28level response to the board pursuant to paragraph (1) of subdivision
29(p) of Section 11105 of the Penal Code.

30(4) The Department of Justice shall charge a reasonable fee
31sufficient to cover the cost of processing the request described in
32this subdivision.

33(f) The board shall request from the Department of Justice
34subsequent notification service, as provided pursuant to Section
3511105.2 of the Penal Code, for persons described in paragraph (1)
36of subdivision (e).

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

38

SEC. 36.  

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

P36   1

4887.  

(a) A person whose license or registration has been
2revoked or who has been placed on probation may petition the
3board for reinstatement or modification of penalty including
4modification or termination of probation after a period of not less
5than one year has elapsed from the effective date of the decision
6ordering the disciplinary action. The petition shall state such facts
7as may be required by the board.

8(b) The petition shall be accompanied by at least two verified
9recommendations from veterinarians licensed by the board who
10have personal knowledge of the activities of the petitioner since
11the disciplinary penalty was imposed. The petition shall be heard
12by the board. The board may consider all activities of the petitioner
13since the disciplinary action was taken, the offense for which the
14petitioner was disciplined, the petitioner’s activities since the
15license or registration was in good standing, and the petitioner’s
16rehabilitation efforts, general reputation for truth, and professional
17ability. The hearing may be continued from time to time as the
18board finds necessary.

19(c) The board reinstating the license or registration or modifying
20a penalty may impose terms and conditions as it determines
21necessary. To reinstate a revoked license or registration or to
22otherwise reduce a penalty or modify probation shall require a
23vote of five of the members of the board.

24(d) The petition shall not be considered while the petitioner is
25under sentence for any criminal offense, including any period
26during which the petitioner is on court-imposed probation or parole.
27The board may deny without a hearing or argument any petition
28filed pursuant to this section within a period of two years from the
29effective date of the prior decision following a hearing under this
30section.

31

SEC. 37.  

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

33

4938.  

The board shall issue a license to practice acupuncture
34to any person who makes an application and meets the following
35requirements:

36(a) Is at least 18 years of age.

37(b) Furnishes satisfactory evidence of completion of one of the
38following:

39(1) (A) An approved educational and training program.

P37   1(B) If an applicant began his or her educational and training
2program at a school or college that submitted a letter of intent to
3pursue accreditation to, or attained candidacy status from, the
4Accreditation Commission for Acupuncture and Oriental Medicine,
5but the commission subsequently denied the school or college
6candidacy status or accreditation, respectively, the board may
7review and evaluate the educational training and clinical experience
8to determine whether to waive the requirements set forth in this
9subdivision with respect to that applicant.

10(2) Satisfactory completion of a tutorial program in the practice
11of an acupuncturist that is approved by the board.

12(3) In the case of an applicant who has completed education
13and training outside the United States, documented educational
14training and clinical experience that meets the standards established
15pursuant to Sections 4939 and 4941.

16(c) Passes a written examination administered by the board that
17tests the applicant’s ability, competency, and knowledge in the
18practice of an acupuncturist. The written examination shall be
19 developed by the Office of Professional Examination Services of
20the Department of Consumer Affairs.

21(d) Is not subject to denial pursuant to Division 1.5 (commencing
22with Section 475).

23(e) Completes a clinical internship training program approved
24by the board. The clinical internship training program shall not
25exceed nine months in duration and shall be located in a clinic in
26this state that is an approved educational and training program.
27The length of the clinical internship shall depend upon the grades
28received in the examination and the clinical training already
29satisfactorily completed by the individual prior to taking the
30examination. On and after January 1, 1987, individuals with 800
31or more hours of documented clinical training shall be deemed to
32have met this requirement. The purpose of the clinical internship
33training program shall be to ensure a minimum level of clinical
34competence.

35Each applicant who qualifies for a license shall pay, as a
36condition precedent to its issuance and in addition to other fees
37required, the initial licensure fee.

38

SEC. 38.  

Section 4939 of the Business and Professions Code,
39as added by Section 9 of Chapter 397 of the Statutes of 2014, is
40amended to read:

P38   1

4939.  

(a) The board shall establish standards for the approval
2of educational training and clinical experience received outside
3the United States.

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

5

SEC. 39.  

Section 4980.399 of the Business and Professions
6Code
is amended to read:

7

4980.399.  

(a) Except as provided in subdivision (a) of Section
84980.398, each applicant and registrant shall obtain a passing score
9on a board-administered California law and ethics examination in
10order to qualify for licensure.

11(b) A registrant shall participate in a board-administered
12California law and ethics examination prior to his or her registration
13renewal.

14(c) Notwithstanding subdivision (b), an applicant who holds a
15registration eligible for renewal, with an expiration date no later
16than June 30, 2016, and who applies for renewal of that registration
17between January 1, 2016, and June 30, 2016, shall, if eligible, be
18allowed to renew the registration without first participating in the
19California law and ethics examination. These applicants shall
20participate in the California law and ethics examination in the next
21renewal cycle, and shall pass the examination prior to licensure or
22issuance of a subsequent registration number, as specified in this
23section.

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

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

P39   1(f) The board shall not issue a subsequent registration number
2unless the registrant has passed the California law and ethics
3examination.

4(g) Notwithstanding subdivision (f), an applicant who holds or
5has held a registration, with an expiration date no later than January
61, 2017, and who applies for a subsequent registration number
7between January 1, 2016, and January 1, 2017, shall, if eligible,
8be allowed to obtain the subsequent registration number without
9first passing the California law and ethics examination. These
10applicants shall pass the California law and ethics examination
11during the next renewal period or prior to licensure, whichever
12occurs first.

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

14

SEC. 40.  

Section 4980.43 of the Business and Professions
15Code
is amended to read:

16

4980.43.  

(a) Prior to applying for licensure examinations, each
17applicant shall complete experience that shall comply with the
18following:

19(1) A minimum of 3,000 hours completed during a period of at
20least 104 weeks.

21(2) Not more than 40 hours in any seven consecutive days.

22(3) Not less than 1,700 hours of supervised experience
23completed subsequent to the granting of the qualifying master’s
24or doctoral degree.

25(4) Not more than 1,300 hours of supervised experience obtained
26prior to completing a master’s or doctoral degree.

27The applicant shall not be credited with more than 750 hours of
28counseling and direct supervisor contact prior to completing the
29master’s or doctoral degree.

30(5) No hours of experience may be gained prior to completing
31either 12 semester units or 18 quarter units of graduate instruction
32and becoming a trainee except for personal psychotherapy.

33(6) No hours of experience may be gained more than six years
34prior to the date the application for examination eligibility was
35filed, except that up to 500 hours of clinical experience gained in
36the supervised practicum required by subdivision (c) of Section
374980.37 and subparagraph (B) of paragraph (1) of subdivision (d)
38of Section 4980.36 shall be exempt from this six-year requirement.

39(7) Not more than a combined total of 1,000 hours of experience
40in the following:

P40   1(A) Direct supervisor contact.

2(B) Professional enrichment activities. For purposes of this
3chapter, “professional enrichment activities” include the following:

4(i) Workshops, seminars, training sessions, or conferences
5directly related to marriage and family therapy attended by the
6applicant that are approved by the applicant’s supervisor. An
7applicant shall have no more than 250 hours of verified attendance
8at these workshops, seminars, training sessions, or conferences.

9(ii) Participation by the applicant in personal psychotherapy,
10which includes group, marital or conjoint, family, or individual
11psychotherapy by an appropriately licensed professional. An
12applicant shall have no more than 100 hours of participation in
13personal psychotherapy. The applicant shall be credited with three
14hours of experience for each hour of personal psychotherapy.

15(8) Not more than 500 hours of experience providing group
16therapy or group counseling.

17(9) For all hours gained on or after January 1, 2012, not more
18than 500 hours of experience in the following:

19(A) Experience administering and evaluating psychological
20tests, writing clinical reports, writing progress notes, or writing
21process notes.

22(B) Client centered advocacy.

23(10) Not less than 500 total hours of experience in diagnosing
24and treating couples, families, and children. For up to 150 hours
25of treating couples and families in conjoint therapy, the applicant
26shall be credited with two hours of experience for each hour of
27therapy provided.

28(11) Not more than 375 hours of experience providing personal
29psychotherapy, crisis counseling, or other counseling services via
30telehealth in accordance with Section 2290.5.

31(12) It is anticipated and encouraged that hours of experience
32will include working with elders and dependent adults who have
33physical or mental limitations that restrict their ability to carry out
34normal activities or protect their rights.

35This subdivision shall only apply to hours gained on and after
36January 1, 2010.

37(b) All applicants, trainees, and registrants shall be at all times
38under the supervision of a supervisor who shall be responsible for
39ensuring that the extent, kind, and quality of counseling performed
40is consistent with the training and experience of the person being
P41   1supervised, and who shall be responsible to the board for
2compliance with all laws, rules, and regulations governing the
3practice of marriage and family therapy. Supervised experience
4shall be gained by interns and trainees only as an employee or as
5a volunteer. The requirements of this chapter regarding gaining
6hours of experience and supervision are applicable equally to
7employees and volunteers. Experience shall not be gained by
8interns or trainees as an independent contractor.

9(1) If employed, an intern shall provide the board with copies
10of the corresponding W-2 tax forms for each year of experience
11claimed upon application for licensure.

12(2) If volunteering, an intern shall provide the board with a letter
13from his or her employer verifying the intern’s employment as a
14volunteer upon application for licensure.

15(c) Except for experience gained pursuant to subparagraph (B)
16of paragraph (7) of subdivision (a), supervision shall include at
17least one hour of direct supervisor contact in each week for which
18experience is credited in each work setting, as specified:

19(1) A trainee shall receive an average of at least one hour of
20direct supervisor contact for every five hours of client contact in
21each setting. No more than six hours of supervision, whether
22individual or group, shall be credited during any single week.

23(2) An individual supervised after being granted a qualifying
24degree shall receive at least one additional hour of direct supervisor
25contact for every week in which more than 10 hours of client
26contact is gained in each setting. No more than six hours of
27supervision, whether individual or group, shall be credited during
28 any single week.

29(3) For purposes of this section, “one hour of direct supervisor
30contact” means one hour per week of face-to-face contact on an
31individual basis or two hours per week of face-to-face contact in
32a group.

33(4) Direct supervisor contact shall occur within the same week
34as the hours claimed.

35(5) Direct supervisor contact provided in a group shall be
36provided in a group of not more than eight supervisees and in
37segments lasting no less than one continuous hour.

38(6) Notwithstanding paragraph (3), an intern working in a
39governmental entity, a school, a college, or a university, or an
40institution that is both nonprofit and charitable may obtain the
P42   1required weekly direct supervisor contact via two-way, real-time
2videoconferencing. The supervisor shall be responsible for ensuring
3that client confidentiality is upheld.

4(7) All experience gained by a trainee shall be monitored by the
5supervisor as specified by regulation.

6(8) The six hours of supervision that may be credited during
7any single week pursuant to paragraphs (1) and (2) shall apply to
8supervision hours gained on or after January 1, 2009.

9(d) (1) A trainee may be credited with supervised experience
10completed in any setting that meets all of the following:

11(A) Lawfully and regularly provides mental health counseling
12or psychotherapy.

13(B) Provides oversight to ensure that the trainee’s work at the
14setting meets the experience and supervision requirements set forth
15in this chapter and is within the scope of practice for the profession
16as defined in Section 4980.02.

17(C) Is not a private practice owned by a licensed marriage and
18family therapist, a licensed professional clinical counselor, a
19licensed psychologist, a licensed clinical social worker, a licensed
20physician and surgeon, or a professional corporation of any of
21those licensed professions.

22(2) Experience may be gained by the trainee solely as part of
23the position for which the trainee volunteers or is employed.

24(e) (1) An intern may be credited with supervised experience
25completed in any setting that meets both of the following:

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

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

32(2) An applicant shall not be employed or volunteer in a private
33practice, as defined in subparagraph (C) of paragraph (1) of
34subdivision (d), until registered as an intern.

35(3) While an intern may be either a paid employee or a
36volunteer, employers are encouraged to provide fair remuneration
37to interns.

38(4) Except for periods of time during a supervisor’s vacation or
39sick leave, an intern who is employed or volunteering in private
40practice shall be under the direct supervision of a licensee that has
P43   1satisfied subdivision (g) of Section 4980.03. The supervising
2licensee shall either be employed by and practice at the same site
3as the intern’s employer, or shall be an owner or shareholder of
4the private practice. Alternative supervision may be arranged during
5a supervisor’s vacation or sick leave if the supervision meets the
6requirements of this section.

7(5) Experience may be gained by the intern solely as part of the
8position for which the intern volunteers or is employed.

9(f) Except as provided in subdivision (g), all persons shall
10register with the board as an intern to be credited for postdegree
11hours of supervised experience gained toward licensure.

12(g) Postdegree hours of experience shall be credited toward
13licensure so long as the applicant applies for the intern registration
14within 90 days of the granting of the qualifying master’s or doctoral
15degree and is thereafter granted the intern registration by the board.
16An applicant shall not be employed or volunteer in a private
17practice until registered as an intern by the board.

18(h) Trainees, interns, and applicants shall not receive any
19remuneration from patients or clients, and shall only be paid by
20their employers.

21(i) Trainees, interns, and applicants shall only perform services
22at the place where their employers regularly conduct business,
23which may include performing services at other locations, so long
24as the services are performed under the direction and control of
25their employer and supervisor, and in compliance with the laws
26and regulations pertaining to supervision. Trainees and interns
27shall have no proprietary interest in their employers’ businesses
28and shall not lease or rent space, pay for furnishings, equipment,
29or supplies, or in any other way pay for the obligations of their
30employers.

31(j) Trainees, interns, or applicants who provide volunteered
32services or other services, and who receive no more than a total,
33from all work settings, of five hundred dollars ($500) per month
34as reimbursement for expenses actually incurred by those trainees,
35interns, or applicants for services rendered in any lawful work
36setting other than a private practice shall be considered an
37employee and not an independent contractor. The board may audit
38applicants who receive reimbursement for expenses, and the
39applicants shall have the burden of demonstrating that the payments
40received were for reimbursement of expenses actually incurred.

P44   1(k) Each educational institution preparing applicants for
2licensure pursuant to this chapter shall consider requiring, and
3shall encourage, its students to undergo individual, marital or
4conjoint, family, or group counseling or psychotherapy, as
5appropriate. Each supervisor shall consider, advise, and encourage
6his or her interns and trainees regarding the advisability of
7undertaking individual, marital or conjoint, family, or group
8counseling or psychotherapy, as appropriate. Insofar as it is deemed
9appropriate and is desired by the applicant, the educational
10institution and supervisors are encouraged to assist the applicant
11in locating that counseling or psychotherapy at a reasonable cost.

12

SEC. 41.  

Section 4980.54 of the Business and Professions
13Code
is amended to read:

14

4980.54.  

(a) The Legislature recognizes that the education and
15experience requirements in this chapter constitute only minimal
16requirements to ensure that an applicant is prepared and qualified
17to take the licensure examinations as specified in subdivision (d)
18of Section 4980.40 and, if he or she passes those examinations, to
19begin practice.

20(b) In order to continuously improve the competence of licensed
21marriage and family therapists and as a model for all
22psychotherapeutic professions, the Legislature encourages all
23licensees to regularly engage in continuing education related to
24the profession or scope of practice as defined in this chapter.

25(c) Except as provided in subdivision (e), the board shall not
26 renew any license pursuant to this chapter unless the applicant
27certifies to the board, on a form prescribed by the board, that he
28or she has completed not less than 36 hours of approved continuing
29education in or relevant to the field of marriage and family therapy
30in the preceding two years, as determined by the board.

31(d) The board shall have the right to audit the records of any
32applicant to verify the completion of the continuing education
33requirement. Applicants shall maintain records of completion of
34required continuing education coursework for a minimum of two
35years and shall make these records available to the board for
36auditing purposes upon request.

37(e) The board may establish exceptions from the continuing
38education requirements of this section for good cause, as defined
39by the board.

P45   1(f) The continuing education shall be obtained from one of the
2following sources:

3(1) An accredited school or state-approved school that meets
4the requirements set forth in Section 4980.36 or 4980.37. Nothing
5in this paragraph shall be construed as requiring coursework to be
6offered as part of a regular degree program.

7(2) Other continuing education providers, as specified by the
8board by regulation.

9(g) The board shall establish, by regulation, a procedure for
10identifying acceptable providers of continuing education courses,
11and all providers of continuing education, as described in
12paragraphs (1) and (2) of subdivision (f), shall adhere to procedures
13established by the board. The board may revoke or deny the right
14of a provider to offer continuing education coursework pursuant
15to this section for failure to comply with this section or any
16regulation adopted pursuant to this section.

17(h) Training, education, and coursework by approved providers
18shall incorporate one or more of the following:

19(1) Aspects of the discipline that are fundamental to the
20understanding or the practice of marriage and family therapy.

21(2) Aspects of the discipline of marriage and family therapy in
22which significant recent developments have occurred.

23(3) Aspects of other disciplines that enhance the understanding
24or the practice of marriage and family therapy.

25(i) A system of continuing education for licensed marriage and
26family therapists shall include courses directly related to the
27diagnosis, assessment, and treatment of the client population being
28served.

29(j) The board shall, by regulation, fund the administration of
30this section through continuing education provider fees to be
31deposited in the Behavioral Sciences Fund. The fees related to the
32administration of this section shall be sufficient to meet, but shall
33not exceed, the costs of administering the corresponding provisions
34of this section. For purposes of this subdivision, a provider of
35continuing education as described in paragraph (1) of subdivision
36(f) shall be deemed to be an approved provider.

37(k) The continuing education requirements of this section shall
38comply fully with the guidelines for mandatory continuing
39education established by the Department of Consumer Affairs
40pursuant to Section 166.

P46   1

SEC. 42.  

Section 4984.01 of the Business and Professions
2Code
, as amended by Section 31 of Chapter 473 of the Statutes of
32013, is amended to read:

4

4984.01.  

(a) The marriage and family therapist intern
5registration shall expire one year from the last day of the month
6in which it was issued.

7(b) To renew the registration, the registrant shall, on or before
8the expiration date of the registration, complete all of the following
9actions:

10(1) Apply for renewal on a form prescribed by the board.

11(2) Pay a renewal fee prescribed by the board.

12(3) Participate in the California law and ethics examination
13pursuant to Section 4980.399 each year until successful completion
14of this examination.

15(4) Notify the board whether he or she has been convicted, as
16defined in Section 490, of a misdemeanor or felony, and whether
17any disciplinary action has been taken against him or her by a
18regulatory or licensing board in this or any other state subsequent
19to the last renewal of the registration.

20(c) The registration may be renewed a maximum of five times.
21No registration shall be renewed or reinstated beyond six years
22from the last day of the month during which it was issued,
23regardless of whether it has been revoked. When no further
24renewals are possible, an applicant may apply for and obtain a
25subsequent intern registration number if the applicant meets the
26educational requirements for registration in effect at the time of
27the application for a subsequent intern registration number and
28has passed the California law and ethics examination described in
29Section 4980.399. An applicant who is issued a subsequent intern
30registration number pursuant to this subdivision shall not be
31employed or volunteer in a private practice.

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

33

SEC. 43.  

Section 4989.34 of the Business and Professions
34Code
is amended to read:

35

4989.34.  

(a) To renew his or her license, a licensee shall certify
36to the board, on a form prescribed by the board, completion in the
37preceding two years of not less than 36 hours of approved
38continuing education in, or relevant to, educational psychology.

P47   1(b) (1) The continuing education shall be obtained from either
2an accredited university or a continuing education provider as
3specified by the board by regulation.

4(2) The board shall establish, by regulation, a procedure
5identifying acceptable providers of continuing education courses,
6and all providers of continuing education shall comply with
7procedures established by the board. The board may revoke or
8deny the right of a provider to offer continuing education
9coursework pursuant to this section for failure to comply with this
10section or any regulation adopted pursuant to this section.

11(c) Training, education, and coursework by approved providers
12shall incorporate one or more of the following:

13(1) Aspects of the discipline that are fundamental to the
14understanding or the practice of educational psychology.

15(2) Aspects of the discipline of educational psychology in which
16significant recent developments have occurred.

17(3) Aspects of other disciplines that enhance the understanding
18or the practice of educational psychology.

19(d) The board may audit the records of a licensee to verify
20completion of the continuing education requirement. A licensee
21shall maintain records of the completion of required continuing
22education coursework for a minimum of two years and shall make
23these records available to the board for auditing purposes upon its
24request.

25(e) The board may establish exceptions from the continuing
26education requirements of this section for good cause, as
27determined by the board.

28(f) The board shall, by regulation, fund the administration of
29this section through continuing education provider fees to be
30deposited in the Behavioral Sciences Fund. The amount of the fees
31shall be sufficient to meet, but shall not exceed, the costs of
32administering this section.

33(g) The continuing education requirements of this section shall
34comply fully with the guidelines for mandatory continuing
35 education established by the Department of Consumer Affairs
36pursuant to Section 166.

37

SEC. 44.  

Section 4992.09 of the Business and Professions
38Code
is amended to read:

39

4992.09.  

(a) Except as provided in subdivision (a) of Section
404992.07, an applicant and registrant shall obtain a passing score
P48   1on a board-administered California law and ethics examination in
2order to qualify for licensure.

3(b) A registrant shall participate in a board-administered
4California law and ethics examination prior to his or her registration
5renewal.

6(c) Notwithstanding subdivision (b), an applicant who holds a
7registration eligible for renewal, with an expiration date no later
8than June 30, 2016, and who applies for renewal of that registration
9between January 1, 2016, and June 30, 2016, shall, if eligible, be
10allowed to renew the registration without first participating in the
11California law and ethics examination. These applicants shall
12participate in the California law and ethics examination in the next
13renewal cycle, and shall pass the examination prior to licensure or
14issuance of a subsequent registration number, as specified in this
15section.

16(d) If an applicant fails the California law and ethics
17examination, he or she may retake the examination, upon payment
18of the required fees, without further application except for as
19provided in subdivision (e).

20(e) If a registrant fails to obtain a passing score on the California
21law and ethics examination described in subdivision (a) within his
22or her renewal period on or after the operative date of this section,
23he or she shall complete, at a minimum, a 12-hour course in
24California law and ethics in order to be eligible to participate in
25the California law and ethics examination. Registrants shall only
26take the 12-hour California law and ethics course once during a
27renewal period. The 12-hour law and ethics course required by
28this section shall be taken through a continuing education provider,
29as specified by the board by regulation, a county, state or
30governmental entity, or a college or university.

31(f) The board shall not issue a subsequent registration number
32unless the registrant has passed the California law and ethics
33examination.

34(g) Notwithstanding subdivision (f), an applicant who holds or
35has held a registration, with an expiration date no later than January
361, 2017, and who applies for a subsequent registration number
37between January 1, 2016, and January 1, 2017, shall, if eligible,
38be allowed to obtain the subsequent registration number without
39first passing the California law and ethics examination. These
40applicants shall pass the California law and ethics examination
P49   1during the next renewal period or prior to licensure, whichever
2occurs first.

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

4

SEC. 45.  

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

6

4996.2.  

Each applicant for a license shall furnish evidence
7satisfactory to the board that he or she complies with all of the
8following requirements:

9(a) Is at least 21 years of age.

10(b) Has received a master’s degree from an accredited school
11of social work.

12(c) Has had two years of supervised post-master’s degree
13experience, as specified in Section 4996.23.

14(d) Has not committed any crimes or acts constituting grounds
15for denial of licensure under Section 480. The board shall not issue
16a registration or license to any person who has been convicted of
17any crime in this or another state or in a territory of the United
18States that involves sexual abuse of children or who is required to
19register pursuant to Section 290 of the Penal Code or the equivalent
20in another state or territory.

21(e) Has completed adequate instruction and training in the
22subject of alcoholism and other chemical substance dependency.
23This requirement applies only to applicants who matriculate on or
24after January 1, 1986.

25(f) Has completed instruction and training in spousal or partner
26abuse assessment, detection, and intervention. This requirement
27applies to an applicant who began graduate training during the
28period commencing on January 1, 1995, and ending on December
2931, 2003. An applicant who began graduate training on or after
30January 1, 2004, shall complete a minimum of 15 contact hours
31of coursework in spousal or partner abuse assessment, detection,
32and intervention strategies, including knowledge of community
33resources, cultural factors, and same gender abuse dynamics.
34Coursework required under this subdivision may be satisfactory
35if taken either in fulfillment of other educational requirements for
36licensure or in a separate course.

37(g) Has completed a minimum of 10 contact hours of training
38or coursework in human sexuality as specified in Section 1807 of
39Title 16 of the California Code of Regulations. This training or
P50   1coursework may be satisfactory if taken either in fulfillment of
2other educational requirements for licensure or in a separate course.

3(h) Has completed a minimum of seven contact hours of training
4or coursework in child abuse assessment and reporting as specified
5in Section 1807.2 of Title 16 of the California Code of Regulations.
6This training or coursework may be satisfactory if taken either in
7fulfillment of other educational requirements for licensure or in a
8separate course.

9

SEC. 46.  

Section 4996.22 of the Business and Professions
10Code
is amended to read:

11

4996.22.  

(a) (1) Except as provided in subdivision (c), the
12board shall not renew any license pursuant to this chapter unless
13the applicant certifies to the board, on a form prescribed by the
14board, that he or she has completed not less than 36 hours of
15approved continuing education in or relevant to the field of social
16work in the preceding two years, as determined by the board.

17(2) The board shall not renew any license of an applicant who
18began graduate study prior to January 1, 2004, pursuant to this
19chapter unless the applicant certifies to the board that during the
20applicant’s first renewal period after the operative date of this
21section, he or she completed a continuing education course in
22spousal or partner abuse assessment, detection, and intervention
23strategies, including community resources, cultural factors, and
24same gender abuse dynamics. On and after January 1, 2005, the
25course shall consist of not less than seven hours of training.
26Equivalent courses in spousal or partner abuse assessment,
27detection, and intervention strategies taken prior to the operative
28date of this section or proof of equivalent teaching or practice
29experience may be submitted to the board and at its discretion,
30may be accepted in satisfaction of this requirement. Continuing
31education courses taken pursuant to this paragraph shall be applied
32to the 36 hours of approved continuing education required under
33paragraph (1).

34(b) The board shall have the right to audit the records of any
35applicant to verify the completion of the continuing education
36requirement. Applicants shall maintain records of completion of
37required continuing education coursework for a minimum of two
38years and shall make these records available to the board for
39auditing purposes upon request.

P51   1(c) The board may establish exceptions from the continuing
2education requirement of this section for good cause as defined
3by the board.

4(d) The continuing education shall be obtained from one of the
5following sources:

6(1) An accredited school of social work, as defined in Section
74991.2, or a school or department of social work that is a candidate
8for accreditation by the Commission on Accreditation of the
9Council on Social Work Education. Nothing in this paragraph shall
10be construed as requiring coursework to be offered as part of a
11regular degree program.

12(2) Other continuing education providers, as specified by the
13board by regulation.

14(e) The board shall establish, by regulation, a procedure for
15identifying acceptable providers of continuing education courses,
16and all providers of continuing education, as described in
17paragraphs (1) and (2) of subdivision (d), shall adhere to the
18procedures established by the board. The board may revoke or
19deny the right of a provider to offer continuing education
20coursework pursuant to this section for failure to comply with this
21section or any regulation adopted pursuant to this section.

22(f) Training, education, and coursework by approved providers
23shall incorporate one or more of the following:

24(1) Aspects of the discipline that are fundamental to the
25understanding, or the practice, of social work.

26(2) Aspects of the social work discipline in which significant
27recent developments have occurred.

28(3) Aspects of other related disciplines that enhance the
29understanding, or the practice, of social work.

30(g) A system of continuing education for licensed clinical social
31workers shall include courses directly related to the diagnosis,
32assessment, and treatment of the client population being served.

33(h) The continuing education requirements of this section shall
34comply fully with the guidelines for mandatory continuing
35education established by the Department of Consumer Affairs
36pursuant to Section 166.

37(i) The board may adopt regulations as necessary to implement
38this section.

39(j) The board shall, by regulation, fund the administration of
40 this section through continuing education provider fees to be
P52   1deposited in the Behavioral Sciences Fund. The fees related to the
2administration of this section shall be sufficient to meet, but shall
3not exceed, the costs of administering the corresponding provisions
4of this section. For purposes of this subdivision, a provider of
5continuing education as described in paragraph (1) of subdivision
6(d) shall be deemed to be an approved provider.

7

SEC. 47.  

Section 4996.28 of the Business and Professions
8Code
is amended to read:

9

4996.28.  

(a) Registration as an associate clinical social worker
10shall expire one year from the last day of the month during which
11it was issued. To renew a registration, the registrant shall, on or
12before the expiration date of the registration, complete all of the
13following actions:

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

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

16(3) Notify the board whether he or she has been convicted, as
17defined in Section 490, of a misdemeanor or felony, and whether
18any disciplinary action has been taken by a regulatory or licensing
19board in this or any other state, subsequent to the last renewal of
20 the registration.

21(4) On and after January 1, 2016, obtain a passing score on the
22California law and ethics examination pursuant to Section 4992.09.

23(b) A registration as an associate clinical social worker may be
24renewed a maximum of five times. When no further renewals are
25possible, an applicant may apply for and obtain a subsequent
26associate clinical social worker registration number if the applicant
27meets all requirements for registration in effect at the time of his
28or her application for a subsequent associate clinical social worker
29registration number. An applicant issued a subsequent associate
30registration number pursuant to this subdivision shall not be
31employed or volunteer in a private practice.

32

SEC. 48.  

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

34

4999.1.  

Application for registration as a telephone medical
35advice service shall be made on a form prescribed by the
36department, accompanied by the fee prescribed pursuant to Section
374999.5. The department shall make application forms available.
38Applications shall contain all of the following:

39(a) The signature of the individual owner of the telephone
40medical advice service, or of all of the partners if the service is a
P53   1partnership, or of the president or secretary if the service is a
2corporation. The signature shall be accompanied by a resolution
3or other written communication identifying the individual whose
4signature is on the form as owner, partner, president, or secretary.

5(b) The name under which the person applying for thebegin delete in-state
6or out-of-stateend delete
telephone medical advice service proposes to do
7business.

8(c) The physical address, mailing address, and telephone number
9of the business entity.

10(d) The designation, including the name and physical address,
11of an agent for service of process in California.

12(e) A list of all health care professionals providing medical
13advice services that are required to be licensed, registered, or
14certified pursuant to this chapter. This list shall be submitted to
15the department on a form to be prescribed by the department and
16shall include, but not be limited to, the name, state of licensure,
17type of license, and license number.

18(f) The department shall be notified within 30 days of any
19change of name, physical location, mailing address, or telephone
20number of any business, owner, partner, corporate officer, or agent
21for service of process in California, together with copies of all
22resolutions or other written communications that substantiate these
23changes.

24

SEC. 49.  

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

26

4999.2.  

(a) In order to obtain and maintain a registration, a
27telephone medical advice service shall comply with the
28requirements established by the department. Those requirements
29shall include, but shall not be limited to, all of the following:

30(1) (A) Ensuring that all health care professionals who provide
31medical advice services are appropriately licensed, certified, or
32registered as a physician and surgeon pursuant to Chapter 5
33(commencing with Section 2000) or the Osteopathic Initiative Act,
34as a dentist, dental hygienist, dental hygienist in alternative
35practice, or dental hygienist in extended functions pursuant to
36Chapter 4 (commencing with Section 1600), as an occupational
37therapist pursuant to Chapter 5.6 (commencing with Section 2570),
38as a registered nurse pursuant to Chapter 6 (commencing with
39Section 2700), as a psychologist pursuant to Chapter 6.6
40(commencing with Section 2900), as a naturopathic doctor pursuant
P54   1to Chapter 8.2 (commencing with Section 3610), as a marriage
2and family therapist pursuant to Chapter 13 (commencing with
3Section 4980), as a licensed clinical social worker pursuant to
4Chapter 14 (commencing with Section 4991), as a licensed
5professional clinical counselor pursuant to Chapter 16
6(commencing with Section 4999.10), as an optometrist pursuant
7to Chapter 7 (commencing with Section 3000), or as a chiropractor
8pursuant to the Chiropractic Initiative Act, and operating consistent
9with the laws governing their respective scopes of practice in the
10state within which they provide telephone medical advice services,
11except as provided in paragraph (2).

12(B) Ensuring that all health care professionals who provide
13telephone medical advice services from an out-of-state location,
14as identified in subparagraph (A), are licensed, registered, or
15certified in the state within which they are providing the telephone
16medical advice services and are operating consistent with the laws
17governing their respective scopes of practice.

18(2) Ensuring that the telephone medical advice provided is
19consistent with good professional practice.

20(3) Maintaining records of telephone medical advice services,
21including records of complaints, provided to patients in California
22for a period of at least five years.

23(4) Ensuring that no staff member uses a title or designation
24when speaking to an enrollee, subscriber, or consumer that may
25cause a reasonable person to believe that the staff member is a
26licensed, certified, or registered health care professional described
27in subparagraph (A) of paragraph (1), unless the staff member is
28a licensed, certified, or registered professional.

29(5) Complying with all directions and requests for information
30made by the department.

31(6) Notifying the department within 30 days of any change of
32name, physical location, mailing address, or telephone number of
33any business, owner, partner, corporate officer, or agent for service
34of process in California, together with copies of all resolutions or
35other written communications that substantiate these changes.

36(7) Submitting quarterly reports, on a form prescribed by the
37department, to the department within 30 days of the end of each
38calendar quarter.

39(b) To the extent permitted by Article VII of the California
40Constitution, the department may contract with a private nonprofit
P55   1accrediting agency to evaluate the qualifications of applicants for
2registration pursuant to this chapter and to make recommendations
3to the department.

4

SEC. 50.  

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

6

4999.3.  

(a) The department may suspend, revoke, or otherwise
7discipline a registrant or deny an application for registration as a
8telephone medical advice service based on any of the following:

9(1) Incompetence, gross negligence, or repeated similar
10negligent acts performed by the registrant or any employee of the
11registrant.

12(2) An act of dishonesty or fraud by the registrant or any
13employee of the registrant.

14(3) The commission of any act, or being convicted of a crime,
15that constitutes grounds for denial or revocation of licensure
16pursuant to any provision of this division.

17(b) The proceedings shall be conducted in accordance with
18Chapter 5 (commencing with Section 11500) of Part 1 of Division
193 of Title 2 of the Government Code, and the department shall
20have all powers granted therein.

21(c) Copies of any complaint against a telephone medical advice
22service shall be forwarded to the Department of Managed Health
23Care.

24(d) The department shall forward a copy of any complaint
25submitted to the department pursuant to this chapter to the entity
26that issued the license to the licensee involved in the advice
27provided to the patient.

28

SEC. 51.  

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

30

4999.4.  

(a) Every registration issued to a telephone medical
31advice service shall expire 24 months after the initial date of
32issuance.

33(b) To renew an unexpired registration, the registrant shall,
34before the time at which the registration would otherwise expire,
35pay the renewal fee authorized by Section 4999.5.

36(c) An expired registration may be renewed at any time within
37three years after its expiration upon the filing of an application for
38renewal on a form prescribed by the bureau and the payment of
39all fees authorized by Section 4999.5. A registration that is not
40renewed within three years following its expiration shall not be
P56   1renewed, restored, or reinstated thereafter, and the delinquent
2registration shall be canceled immediately upon expiration of the
3three-year period.

4

SEC. 52.  

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

6

4999.5.  

The department may set fees for registration and
7renewal as a telephone medical advice service sufficient to pay
8the costs of administration of this chapter.

9

SEC. 53.  

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

11

4999.7.  

(a) This section does not limit, preclude, or otherwise
12interfere with the practices of other persons licensed or otherwise
13authorized to practice, under any other provision of this division,
14telephone medical advice services consistent with the laws
15governing their respective scopes of practice, or licensed under
16the Osteopathic Initiative Act or the Chiropractic Initiative Act
17and operating consistent with the laws governing their respective
18scopes of practice.

19(b) For purposes of this chapter, “telephone medical advice”
20means a telephonic communication between a patient and a health
21care professional in which the health care professional’s primary
22function is to provide to the patient a telephonic response to the
23patient’s questions regarding his or her or a family member’s
24medical care or treatment. “Telephone medical advice” includes
25assessment, evaluation, or advice provided to patients or their
26family members.

27(c) For purposes of this chapter, “health care professional” is
28an employee or independent contractor described in Section 4999.2
29who provides medical advice services and is appropriately licensed,
30certified, or registered as a dentist, dental hygienist, dental hygienist
31in alternative practice, or dental hygienist in extended functions
32pursuant to Chapter 4 (commencing with Section 1600), as a
33physician and surgeon pursuant to Chapter 5 (commencing with
34Section 2000) or the Osteopathic Initiative Act, as a registered
35nurse pursuant to Chapter 6 (commencing with Section 2700), as
36a psychologist pursuant to Chapter 6.6 (commencing with Section
372900), as a naturopathic doctor pursuant to Chapter 8.2
38(commencing with Section 3610), as an optometrist pursuant to
39Chapter 7 (commencing with Section 3000), as a marriage and
40family therapist pursuant to Chapter 13 (commencing with Section
P57   14980), as a licensed clinical social worker pursuant to Chapter 14
2(commencing with Section 4991), as a licensed professional clinical
3counselor pursuant to Chapter 16 (commencing with Section
44999.10), or as a chiropractor pursuant to the Chiropractic Initiative
5Act, and who is operating consistent with the laws governing his
6or her respective scopes of practice in the state in which he or she
7provides telephone medical advice services.

8

SEC. 54.  

Section 4999.45 of the Business and Professions
9Code
, as amended by Section 54 of Chapter 473 of the Statutes of
102013, is amended to read:

11

4999.45.  

(a) An intern employed under this chapter shall:

12(1) Not perform any duties, except for those services provided
13as a clinical counselor trainee, until registered as an intern.

14(2) Not be employed or volunteer in a private practice until
15registered as an intern.

16(3) Inform each client prior to performing any professional
17services that he or she is unlicensed and under supervision.

18(4) Renew annually for a maximum of five years after initial
19registration with the board.

20(b) When no further renewals are possible, an applicant may
21apply for and obtain a subsequent intern registration number if the
22applicant meets the educational requirements for registration in
23effect at the time of the application for a subsequent intern
24registration number and has passed the California law and ethics
25examination described in Section 4999.53. An applicant issued a
26subsequent intern registration number pursuant to this subdivision
27shall not be employed or volunteer in a private practice.

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

29

SEC. 55.  

Section 4999.46 of the Business and Professions
30Code
, as amended by Section 3 of Chapter 435 of the Statutes of
312014, is amended to read:

32

4999.46.  

(a) To qualify for the licensure examination specified
33by paragraph (2) of subdivision (a) of Section 4999.53, applicants
34shall complete clinical mental health experience under the general
35supervision of an approved supervisor as defined in Section
364999.12.

37(b) The experience shall include a minimum of 3,000 postdegree
38hours of supervised clinical mental health experience related to
39the practice of professional clinical counseling, performed over a
40period of not less than two years (104 weeks), which shall include:

P58   1(1) Not more than 40 hours in any seven consecutive days.

2(2) Not less than 1,750 hours of direct counseling with
3 individuals, groups, couples, or families in a setting described in
4Section 4999.44 using a variety of psychotherapeutic techniques
5and recognized counseling interventions within the scope of
6practice of licensed professional clinical counselors.

7(3) Not more than 500 hours of experience providing group
8therapy or group counseling.

9(4) Not more than 375 hours of experience providing personal
10psychotherapy, crisis counseling, or other counseling services via
11telehealth in accordance with Section 2290.5.

12(5) Not less than 150 hours of clinical experience in a hospital
13or community mental health setting, as defined in Section 1820 of
14Title 16 of the California Code of Regulations.

15(6) Not more than a combined total of 1,250 hours of experience
16in the following related activities:

17(A) Direct supervisor contact.

18(B) Client centered advocacy.

19(C) Not more than 250 hours of experience administering tests
20and evaluating psychological tests of clients, writing clinical
21reports, writing progress notes, or writing process notes.

22(D) Not more than 250 hours of verified attendance at
23workshops, seminars, training sessions, or conferences directly
24related to professional clinical counseling that are approved by the
25applicant’s supervisor.

26(c) No hours of clinical mental health experience may be gained
27more than six years prior to the date the application for examination
28eligibility was filed.

29(d) An applicant shall register with the board as an intern in
30order to be credited for postdegree hours of experience toward
31licensure. Postdegree hours of experience shall be credited toward
32licensure, provided that the applicant applies for intern registration
33within 90 days of the granting of the qualifying degree and is
34thereafter granted the intern registration by the board. An applicant
35shall not be employed or volunteer in a private practice until
36registered as an intern by the board.

37(e) All applicants and interns shall be at all times under the
38supervision of a supervisor who shall be responsible for ensuring
39that the extent, kind, and quality of counseling performed is
40consistent with the training and experience of the person being
P59   1supervised, and who shall be responsible to the board for
2compliance with all laws, rules, and regulations governing the
3practice of professional clinical counseling.

4(f) Experience obtained under the supervision of a spouse or
5relative by blood or marriage shall not be credited toward the
6required hours of supervised experience. Experience obtained
7under the supervision of a supervisor with whom the applicant has
8had or currently has a personal, professional, or business
9relationship that undermines the authority or effectiveness of the
10supervision shall not be credited toward the required hours of
11supervised experience.

12(g) Except for experience gained pursuant to subparagraph (D)
13of paragraph (6) of subdivision (b), supervision shall include at
14least one hour of direct supervisor contact in each week for which
15experience is credited in each work setting.

16(1) No more than six hours of supervision, whether individual
17or group, shall be credited during any single week. This paragraph
18 shall apply to supervision hours gained on or after January 1, 2009.

19(2) An intern shall receive at least one additional hour of direct
20supervisor contact for every week in which more than 10 hours of
21face-to-face psychotherapy is performed in each setting in which
22experience is gained.

23(3) For purposes of this section, “one hour of direct supervisor
24contact” means one hour of face-to-face contact on an individual
25basis or two hours of face-to-face contact in a group of not more
26than eight persons in segments lasting no less than one continuous
27hour.

28(4) Notwithstanding paragraph (3), an intern working in a
29governmental entity, a school, a college, or a university, or an
30institution that is both nonprofit and charitable, may obtain the
31required weekly direct supervisor contact via two-way, real-time
32 videoconferencing. The supervisor shall be responsible for ensuring
33that client confidentiality is upheld.

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

35

SEC. 56.  

Section 4999.55 of the Business and Professions
36Code
is amended to read:

37

4999.55.  

(a) Each applicant and registrant shall obtain a
38passing score on a board-administered California law and ethics
39examination in order to qualify for licensure.

P60   1(b) A registrant shall participate in a board-administered
2California law and ethics examination prior to his or her registration
3renewal.

4(c) Notwithstanding subdivision (b), an applicant who holds a
5registration eligible for renewal, with an expiration date no later
6than June 30, 2016, and who applies for renewal of that registration
7between January 1, 2016, and June 30, 2016, shall, if eligible, be
8allowed to renew the registration without first participating in the
9California law and ethics examination. These applicants shall
10participate in the California law and ethics examination in the next
11renewal cycle, and shall pass the examination prior to licensure or
12issuance of a subsequent registration number, as specified in this
13section.

14(d) If an applicant fails the California law and ethics
15examination, he or she may retake the examination, upon payment
16of the required fees, without further application, except as provided
17in subdivision (e).

18(e) If a registrant fails to obtain a passing score on the California
19law and ethics examination described in subdivision (a) within his
20or her renewal period on or after the operative date of this section,
21he or she shall complete, at minimum, a 12-hour course in
22California law and ethics in order to be eligible to participate in
23the California law and ethics examination. Registrants shall only
24take the 12-hour California law and ethics course once during a
25renewal period. The 12-hour law and ethics course required by
26this section shall be taken through a continuing education provider
27as specified by the board by regulation, a county, state, or
28governmental entity, or a college or university.

29(f) The board shall not issue a subsequent registration number
30unless the registrant has passed the California law and ethics
31examination.

32(g) Notwithstanding subdivision (f), an applicant who holds or
33has held a registration, with an expiration date no later than January
341, 2017, and who applies for a subsequent registration number
35between January 1, 2016, and January 1, 2017, shall, if eligible,
36be allowed to obtain the subsequent registration number without
37first passing the California law and ethics examination. These
38applicants shall pass the California law and ethics examination
39during the next renewal period or prior to licensure, whichever
40occurs first.

P61   1(h) This section shall become operative January 1, 2016.

2

SEC. 57.  

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

4

4999.76.  

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

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

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

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

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

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

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

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

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

P62   1(2) Significant recent developments in the discipline of
2professional clinical counseling.

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

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

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

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

21

SEC. 58.  

Section 4999.100 of the Business and Professions
22Code
, as amended by Section 66 of Chapter 473 of the Statutes of
232013, is amended to read:

24

4999.100.  

(a) An intern registration shall expire one year from
25the last day of the month in which it was issued.

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

28(1) Apply for a renewal on a form prescribed by the board.

29(2) Pay a renewal fee prescribed by the board.

30(3) Notify the board whether he or she has been convicted, as
31defined in Section 490, of a misdemeanor or felony, or whether
32any disciplinary action has been taken by any regulatory or
33licensing board in this or any other state, subsequent to the
34 registrant’s last renewal.

35(4) Participate in the California law and ethics examination
36pursuant to Section 4999.53 each year until successful completion
37of this examination.

38(c) The intern registration may be renewed a maximum of five
39times. Registration shall not be renewed or reinstated beyond six
40years from the last day of the month during which it was issued,
P63   1regardless of whether it has been revoked. When no further
2renewals are possible, an applicant may apply for and obtain a
3subsequent intern registration number if the applicant meets the
4educational requirements for registration in effect at the time of
5the application for a subsequent intern registration number and
6has passed the California law and ethics examination described in
7Section 4999.53. An applicant who is issued a subsequent intern
8registration number pursuant to this subdivision shall not be
9employed or volunteer in a private practice.

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

11

SEC. 59.  

No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.



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